Tighe Law

Sunday, February 8, 2015

Nebraska Penalties for DUI (Drunk Driving- Ignition Interlock AKA Breathalizer) Nebraska #CriminalDefenseAttorney

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

I am a criminal defense lawyer licensed in Nebraska and Iowa. My practice handles criminal cases (both Felony and Misdemeanors) in Eastern Nebraska (Omaha, Douglas County, Sarpy County, Washington County, Dodge County, Platte County, Saunders County, Lancaster County, Cass County and surrounding areas) and Western Iowa (Pottawattamie County, Mills County, Monona County, Woodbury County, Harrison County and surrounding areas).

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

In this blog, I will NOT be discussing defenses, discovery, pre-trial motions, police reports, possible civil penalties, “no contest” pleas, or other such information. That information requires an in-depth consultation, wherein we will be discussing your particular case in intricate detail and formulating a comprehensive defensive strategy to attack the charges against you.

Today’s blog will briefly discuss the eligibility for an Ignition Interlock Device or Breathalyzer and a brief recap of some of the typical penalties for misdemeanor Dui in Nebraska.

"As of January 1, 2012, Nebraska has new DUI laws that allows offenders to waive their right to an Administrative License Revocation (ALR) hearing and apply for an Ignition Interlock Permit (IIP) instead." http://www.dmv.nebraska.gov/

To be eligible for Ignition Interlock Device or Breathalyzer:

1. You must be a Nebraska resident; and

2. Be at least 18 years old; and

3. Must have been issued a Nebraska Driver's License; and

4. You must submit additional documentation to the DMV.

SOME of the Additional steps and Documentation that MAY BE required:

Verify eligibility for the Ignition Interlock Permit (IIP) online or call the Department of Motor Vehicles at 402-471-3985.
Submit the Ignition Interlock Permit Application (arrest dates on 01/01/2012 or after)online or download a form.
Provide a current certificate of installation showing an approved device has been installed for each vehicle you will be operating (device cannot be installed on a Commercial Motor Vehicle). This will be provided by a valid Ignition Interlock Vendor.
Surrender current driver license to Department of Motor Vehicles, 301 Centennial Mall South, Lincoln, NE 68509-4877.
Meet all other applicable reinstatement requirements for any other withdrawal actions on your driving record. Check your Interlock Eligibility online.
Once all requirements have been met, you will be notified that the permit has been authorized by checking your Interlock Elgibility online. You may eligible to get the IIP online or you can get it issued in person at any licensing station in Nebraska. If the IIP is issued online, you cannot legally drive until you either go to your local County Treasurer to have the temporary document printed or you receive the IIP in the mail. (In person: Be prepared to furnish the Examiner with proof of birth date and identity and two (2) forms of proof of residence. Take the issuance certificate you get from the Examiner to the County Treasurer, pay the $47.50 fee and have the permit issued.)

*The above listed information was taken directly from the Nebraska DMV website. ***Some of this above listed information MIGHT be able to be found at http://www.dmv.nebraska.gov/

Typical Nebraska Dui - Potential Penalties for:

1. First Offense Dui - Non- Aggravated Dui; and
2. Second Offense Dui - Non- Aggravated Dui;

What are the Penalties for Dui in the State of Nebraska?

What is the Penalty for first offense non-aggravated Dui in the State of Nebraska?

First Offense DUI – Non-Aggravated Dui – Penalty (Defendant’s Bac was under 0.15) – First Offense Non Aggravated Dui is a Misdemeanor in the State of Nebraska.

Maximum Penalty: 60 days in jail. The Court will order that your drivers license is revoked for 6 months license (The DMV will revoke your license also, however I will address the DMV portion of a typical DUI in a future blog). The Court will order a $500 fine (not including additional court costs and fees)

Mandatory Minimum: 7 days in jail (Or More-up to the maximum allowed by Law). The Court will order a 6 months license revocation and a $500 fine

The court requires the person to apply for an ignition interlock. Ignition interlock and its applicable law will be addressed in a future blog.

If The Court Grants Probation: There will be no “up-front” Jail sentence, however you will be ordered to a term of probation and the Court will revoke your driver’s license for 60 days and order a $500 fine (not including court costs and fees and probation fees).

The court requires the person to apply for an ignition interlock.

What is the Penalty for Second Offense Non-Aggravated Dui in the State of Nebraska?

Second Offense DUI – Non-Aggravated Dui (Defendant’s Bac was under 0.15) – Misdemeanor

Maximum: 90 days in jail

1 year license revocation

$500 fine (Not including Court Costs, fees etc, etc).

Mandatory Minimum: 30 days in jail (Or More-up to the maximum allowed by Law)

1 year license revocation

$500 fine

The court requires the person to apply for an ignition interlock after

45 days.

If The Court Grants Probation: 10 days in jail (Or More-up to the maximum allowed by Law) or not less than 240 hours of community service (The Court does NOT have to Allow Community Service).

1 year license revocation

$500 fine

The court requires the person to apply for an ignition interlock after

45 days.

(Again, every case is different due to facts and circumstances. Therefore, to fully know and understand the full range of penalties – both criminal and civil penalties and liabilities- you are facing, you need to discuss your case in DETAIL with an experienced criminal defense lawyer like David Tighe.

Remember that first and foremost, if you have been pulled over, cited or arrested you should immediately contact an experienced Criminal Defense Attorney, Like David Tighe, to discuss your particular situation and immediately work on developing a comprehensive defense strategy for your case.

The purpose of this blog is purely for informational purposes only and should not be construed as legal advice and does not create an “Attorney-Client Relationship” as everyone’s legal situation is different and is dependent on the isolated facts of their particular situation.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

If you or a loved one have been charged with a crime in Nebraska or Iowa – time is critical. Each case is unique, and it is important to protect your rights. David Tighe is an experienced Criminal Defense Attorney that is able to answer your questions, and determine the best course of action.

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights

Friday, February 6, 2015

Nebraska Penalties for DUI (Drunk Driving) Nebraska #CriminalDefenseAttorney

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

There are two components of a typical Nebraska Dui.

1. Administrative License Revocation (ALR- Through Nebraska DMV)

2. Criminal Component (Court)

Today’s blog will briefly discuss the Administrative License Revocation (ALR- Through Nebraska DMV) component of a typical Nebraska Dui (With a brief re-cap of potential penalties for:

1. First Offense Dui;

2. First Offense Aggravated Dui;

3. Second Offense Dui; and

4. Second Offense Aggravated Dui.

When pulled over and cited for a Dui, in the State of Nebraska, typically the officer will immediately confiscate the Defendant’s driver’s license and the officer will give the Defendant a sheet of paper which will serve as the Defendant’s Temporary Driver’s License and will provide basic and general information regarding Nebraska’s Administrative License Revocation (ALR).

This temporary driver’s license (if you are eligible) is only valid for fifteen (15) days- which is why time is critical in every criminal case. It is vital that the defendant contact an experienced criminal defense lawyer, like David Tighe, to immediately prepare a comprehensive legal strategy to attack the charges.

In general, for a first offense Dui in Nebraska, the revocation ordered by the DMV will be for 180 days. If the Defendant refuses to take the breathalizer test, the DMV will revoke the Defendant’s driver’s license for a one (1) year period of time.

In certain situations the Defendant MAY want to contest the DMV revocation. This decision should be carefully considered due to the potential legal ramifications. For example “If you file a petition for the Administrative Hearing, you will not be eligible for the Ignition Interlock Permit, unless ordered by the court for the Driving Under the Influence related offense.” Additionally, if you choose to contest the Administrative License Revocation (ALR), the petition MUST be mailed within 10 days of “Notice being served to the driver.”

These deadlines are set in stone (if you miss a deadline-This COULD affect your privileges and rights) -which is why time is critical in every criminal case. It is vital that the defendant contact an experienced criminal defense lawyer, like David Tighe, to immediately prepare a comprehensive legal strategy to attack the charges.

*Some of this above listed information MIGHT be able to be found at http://www.dmv.nebraska.gov/

What are the Penalties for Dui in the State of Nebraska?

Will I go to jail for a first offense Dui in the State of Nebraska?

The Short answer is it depends on your situation and the Facts of your case. Going to Jail for a DUI in Omaha, Douglas County or Sarpy County or Washington County Nebraska or any other County in the State of Nebraska is always a possibility, no matter if it is a first offense or not. That is why it is extremely important to immediately discuss your case with an experienced Criminal Defense Lawyer, like David Tighe.

What is the Penalty for first offense non-aggravated Dui in the State of Nebraska?

First Offense DUI – Non-Aggravated Dui – Penalty (Defendant’s Bac was under 0.15) – First Offense Non Aggravated Dui is a Misdemeanor in the State of Nebraska.

Mandatory Minimum: 7 days in jail (Or More-up to the maximum allowed by Law). The Court will order a 6 months license revocation and a $500 fine

The court requires the person to apply for an ignition interlock. Ignition interlock and its applicable law will be addressed in a future blog.

The court requires the person to apply for an ignition interlock.

What is the Penalty for Second Offense Non-Aggravated Dui in the State of Nebraska?

Second Offense DUI – Non-Aggravated Dui (Defendant’s Bac was under 0.15) – Misdemeanor

Maximum: 90 days in jail

1 year license revocation

$500 fine (Not including Court Costs, fees etc, etc).

Mandatory Minimum: 30 days in jail (Or More-up to the maximum allowed by Law)

1 year license revocation

$500 fine

The court requires the person to apply for an ignition interlock after

45 days.

If The Court Grants Probation: 10 days in jail (Or More-up to the maximum allowed by Law) or not less than 240 hours of community service (The Court does NOT have to Allow Community Service).

1 year license revocation

$500 fine

The court requires the person to apply for an ignition interlock after

45 days.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights

Monday, February 2, 2015

Nebraska Penalties for Theft (Theft by Unlawful Taking / Theft by Receiving Nebraska / Theft by Deception / Shoplifting) #CriminalDefenseAttorney

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

Earlier today I read a few articles regarding thefts, everything from thefts of cell phones to larceny and embezzlement, and wanted to address a few issues regarding Nebraska law on thefts in general.

According to Nebraska Revised Statute § 28-510. Consolidation of theft offenses, Nebraska has consolidated many "theft' offenses. Specifically "Conduct denominated theft in sections §§28-509 to 28-518 constitutes a single offense embracing the separated offenses heretofore known as larceny, embezzlement, false pretense, extortion, blackmail, fraudulent conversion, receiving stolen property, and the like."

Therefore, while defendants are still charged with "theft by receiving stolen property" or "theft by deception" under State v. Miner, 273 Neb. 837, 733 N.W.2d 891 (2007) when read Read in conjunction with § 28-510. Consolidation of theft offenses, theft by unlawful taking under section §28-511 is the same offense as theft by receiving stolen property under section §28-517.

However, as a defendant, when you are charged with a theft crime, the State will charge a specific crime (i.e., "theft by unlawful taking" or "shoplifting" or "theft of property lost, mislaid, or delivered by mistake, " etc, etc.) and that specific charge will correlate with the specific Nebraska Revised Statute. In other words, if someone is alleged to commit a shoplifting, the State will charge the Defendant with §28-511.01. Theft by shoplifting- and the State will be required to prove each and every element of that specific statute beyond reasonable doubt.

What are the Penalties for Theft in the State of Nebraska?

Nebraska Revised Statute §28-518. Grading of theft offenses;

(3) Theft constitutes a Class I Misdemeanor when the value of the thing involved is more than two hundred dollars, but less than five hundred dollars.

Class I Misdemeanor

If Convicted of a Class I Misdemeanor you face:

Maximum of up to one (1) year imprisonment (jail) or up to a $1000.00 fine or both.

(4) Theft constitutes a Class II Misdemeanor when the value of the thing involved is two hundred dollars or less.

Class II Misdemeanor

If Convicted of a Class II Misdemeanor you face:

Maximum of up to six (6) months imprisonment (jail) or up to a $1000.00 fine or both.

*(However, for any second or subsequent convictions the penalties increase)

** In future blogs I will explain in greater detail "theft" and Felony Theft and the various penalties.

Will I go to jail for "theft" in the State of Nebraska?

The Short answer is it depends on your situation and the Facts of your case. Going to Jail for a 'Theft' in Omaha, Douglas County any other County in the State of Nebraska is always a possibility, no matter if it is a first offense or not. That is why it is extremely important to immediately discuss your case with an experienced Criminal Defense Lawyer, like David Tighe.

Remember that first and foremost, if you have been pulled over, cited or arrested you should immediately contact an experienced Criminal Defense Attorney, like David Tighe, to discuss your particular situation and immediately work on developing a comprehensive defense strategy for your case.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights

Saturday, January 31, 2015

Omaha, Douglas County, Nebraska Dui Penalties (and Surrounding Nebraska Counties)

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.

To schedule your consultation or discuss the facts and law of your case, feel free to contact me (cell) 402-981-6327 or via email at Tighe law Email

Earlier today I read an article regarding multiple Dui offenders. The link to the article can be found on my Twitter @DavidTigheLaw or you can access it via

http://www.thedenverchannel.com/news/local-news/driver-with-12-dui-arrests-not-a-record-colorado-prosecutors-push-for-tougher-laws01292015

This article indicates that local governments (Colorado, in this situation) have been strengthening laws in an effort to curtail driving while intoxicated (Dui) offenses.

Nebraska, has strengthened it's Dui laws as recently as January 2012 (Date law became effective).

One significant change in Nebraska's Dui law is referred to as the "look back period." This look back period for many is irrelevant and insignificant, while for others it is paramount and can change a "misdemeanor Dui" to a "felony Dui" or significantly alter the amount of jail time, for Dui, the Defendant is facing.

The look back period, for enhancement purposes, in Nebraska is now fifteen (15) years, as opposed to 12 years (law prior to January of 2012).

This means someone who is convicted of a DUI in the state of Nebraska in 2015, that conviction will stay on their record for a period of 15 years for enhancement purposes. So if this person is convicted in 2015 and in 2028 is pulled over for Dui, in the state of Nebraska, this person can now be charged with a "second offense dui."

This also means that someone who was pulled over for Dui in 2002 and convicted of Dui in 2002 (or later) and is pulled over, in Nebraska, for Dui in 2015 - This person is now facing a charge of "second offense Dui".

Now Compare the Potential Penalties and how the "Look Back Period" can affect Your Freedom-

What are the Penalties for Dui in the State of Nebraska?

Will I go to jail for a first offense Dui in the State of Nebraska?

What is the Penalty for first offense non-aggravated Dui in the State of Nebraska?

First Offense DUI – Non-Aggravated Dui – Penalty (Defendant’s Bac was under 0.15) – First Offense Non Aggravated Dui is a Misdemeanor in the State of Nebraska.

Mandatory Minimum: 7 days in jail (Or More-up to the maximum allowed by Law). The Court will order a 6 months license revocation and a $500 fine

The court requires the person to apply for an ignition interlock. Ignition interlock and its applicable law will be addressed in a future blog.

The court requires the person to apply for an ignition interlock.

What is the Penalty for Second Offense Non-Aggravated Dui in the State of Nebraska?

Second Offense DUI – Non-Aggravated Dui (Defendant’s Bac was under 0.15) – Misdemeanor

Maximum: 90 days in jail

1 year license revocation

$500 fine (Not including Court Costs, fees etc, etc).

Mandatory Minimum: 30 days in jail (Or More-up to the maximum allowed by Law)

1 year license revocation

$500 fine

The court requires the person to apply for an ignition interlock after

45 days.

If The Court Grants Probation: 10 days in jail (Or More-up to the maximum allowed by Law) or not less than 240 hours of community service (The Court does NOT have to Allow Community Service).

1 year license revocation

$500 fine

The court requires the person to apply for an ignition interlock after

45 days.

I will post additional information regarding Nebraska crimes, laws and procedures and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com

or visit my website at

http://www.davidtighecriminaldefense.com/

Dui lawyer Nebraska David Tighe

Twitter: @DavidTighelaw

Remember an Arrest or Citation is Not a Conviction

YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.

Defend Your Rights

Omaha, Douglas County Nebraska Dui Penalties (and Surrounding Nebraska Counties)

TIGHE LAW WEBSITE

http://www.davidtighecriminaldefense.com/

David Tighe is a criminal defense lawyer licensed in Nebraska and Iowa. My practice handles criminal cases (both Felony and Misdemeanors) in Eastern Nebraska (Omaha, Douglas County, Sarpy County, Washington County, Dodge County, Platte County, Saunders County, Lancaster County, Cass County and surrounding areas) and Western Iowa (Pottawattamie County, Mills County, Monona County, Woodbury County, Harrison County and surrounding areas).

If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney, like David Tighe, to fight for your freedom, help protect your rights and assist in navigating the criminal justice system.

To schedule your consultaion or disucss the facts and law of your case, feel free to contact me (cell) at 402-981-6327 or via email at Tighe Law - Email

First and foremost, if you have been pulled over, cited or arrested you should immediately contact an experienced Criminal Defense Attorney, like David Tighe, to discuss your particular situation and immediately work on developing a comprehensive defense and strategy for your case.

-TIME IS OF THE ESSENCE-

Now On To Nebraska DUI Laws and Penalties.

What are the Penalties for Dui in the State of Nebraska?

What is the Penalty for Third Offense Non-Aggravated Dui in the State of Nebraska?

Third Offense Dui – Non-Aggravated Dui (Defendant’s Bac was under 0.15) – Misdemeanor

Maximum: 1 year in jail

15 years license revocation

$1,000 fine

Mandatory Minimum: 90 days in jail (Or More-up to the maximum allowed by Law)

15 years license revocation

$1,000 fine

If the Court Grants Probation: 30 days in jail (Or More-up to the maximum allowed by Law).

2 – 15 years license revocation

$1,000 fine

The court may order the person to apply for an ignition interlock after 45 days.

What is the Penalty for Third Offense Aggravated Dui in the State of Nebraska?

Third Offense Dui – Aggravated Dui (Defendant’s Bac was above 0.15) – § 28-105 & 60-6,197 (6)

Third Offense Aggravated Dui in Nebraska is a Class IIIA Felony

Maximum: 5 years in jail

15 years license revocation

$10,000 fine

Mandatory Minimum: 180 days in jail (Or More-up to the maximum allowed by Law).

15 years license revocation

If The Court Grants Probation: 60 days in jail (Or More-up to the maximum allowed by Law).

5 – 15 years license revocation

$1,000 fine

The court may order the person to apply for an ignition interlock after

45 days.

Be Aware:

The Court does not have to offer any Defendant Probation. If your case carries a potential jail sentence, you CAN be sentenced to Jail.

Keep in mind that the Court can always sentence a Defendant to the maximum sentence allowed by law.

Keep in mind that the Court Does Not have to allow someone to perform community service in lieu of Jail.

Therefore, if you are charged with a crime, you should immediately contact an experienced Criminal Defense Attorney to discuss your case and to develop a customized Defensive Strategy for your particular facts.

I will post additional information regarding Nebraska crimes (both misdemeanor and felony), laws, procedures and their respective penalties in the near future.