If you're convicted of drunk driving, the law requires you get an interlock if you want to drive, but some people say they can't afford the punishment, and get the state to pay part of the cost.
Not everyone is telling the truth, and you end up paying for their lie.
Every year, about 9,000 New Mexicans convicted of DWI get ignition interlocks. Most pay the required cost: Up to $100 to install it, up to $100 a month to rent it, and then another $100 to have it removed.
They also pay another $100 that goes into the state's Indigent Interlock Fund.
That's a fund created by lawmakers to help low-income folks have part of their interlock cost covered.
You also pay into that fund when you buy alcohol.
About $300,000 a year from state alcohol taxes is put into the fund.
About one out of three people with interlocks use the fund, claiming they can't afford it— they get up to half of their interlock costs covered.
That's about 3,000 people a year, but we found some may be lying.
We dug through records of nearly 3,000 cars that had indigent interlocks installed. Dozens are suspicious.
We found 2008 model SUVs and trucks like Nissan Titans, Chevy Avalanches, Toyota Tundras and Ford F-250s.
We found Cadillac Escalades, 2009 motorcycles—like Harley Davidsons and Kawasakis. Even a 2009 BMW.
We couldn't track these people down, because driver information is private.
How do they claim they're low-income?
The law says judges and probation officers determine who needs the fund.
Under oath, in a courtroom, convicts tell a judge they can't afford it.
Often, judges take people at their word or assume because they have a public defender, they are indigent.
Impact DWI's Dr. Dick Roth said, "So clearly, there are some people who are getting by with utilizing the indigent fund who could really afford to install the interlock themselves."
Roth, whose group helped push for the fund, says relying on judges and the courts to gauge who is indigent clearly allows convicts to lie and abuse the system.
He says in the long run, that's not the best way to gauge who needs the fund.
"The fund had a surplus up until this year, but that surplus is rapidly being eroded because so many people are qualifying under our present standards," Dr. Roth said.
He believes the state should designate one person to oversee applicants, by checking their tax forms and check stubs.
Tim Hallford, Interlock provider and vice president of the Interlock Association said, "We think that the indigent fund is important, and we think it supports our goal, which is to make our roads safer."
He says the fund no doubt saves lives, and helps those who really need it, but he says he's seen abuse first-hand.
Hallford said, "We just have somebody that walks in the door with a court order that tells us we to put this on the motorcycle, and the car, and we do. And we've also been known to call probation officers and the courts and say, hey, this guy's driving a new car, and I don't know that he's indigent. And I do know, at times, there has been a response where people have been removed from the indigency because of our call."
Linda Atkinson of the DWI Resource Center calls what we found absurd, and says there needs to be more oversight.
Atkinson said, "So the clever people that are breaking the law driving are breaking the law again by lying about their economic status."
As for the New Mexico Department of Transportation— the agency responsible for managing the fund— spokesman Mark Slimp says it would take an act of the legislature to change how people are determined to be indigent.
Slimp said, "Well, my thoughts don't really count. I'm sure there are probably some that would seem suspicious at first glance, although no one really knows what an actually person's financial status is."
So what's the answer? The state admits the law has allowed a lot of people to claim they're low-income and calls itself a victim of interlock success.
As long as convicts are allowed to lie to judges who take their word, the fund will be abused at your expense.
One side note— The abuse is even contributing to another problem: Paperwork.
It often takes months for interlock businesses to be reimbursed.
Some companies are owed more than $100,000.
Source
Monday, December 28, 2009
Tuesday, December 15, 2009
DWI
A 39-year-old Minneapolis man was arrested for second-degree DWI, expired license plates and no proof of insurance after he was stopped for driving 32 mph in a 50 mph zone in the 14200 block of Quentin Avenue on Nov. 6. According to police, the man has two previous DWI convictions.
On Nov. 7 a 48-year-old woman from Savage was arrested for fourth-degree DWI after police responded to a report of a wrong-way driver in the 8800 block of Carriage Hill Road.
A 30-year-old Plymouth man was arrested for fourth-degree DWI after he was stopped for speeding near Highway 13 and West 128th Street on Nov. 8.
Source
On Nov. 7 a 48-year-old woman from Savage was arrested for fourth-degree DWI after police responded to a report of a wrong-way driver in the 8800 block of Carriage Hill Road.
A 30-year-old Plymouth man was arrested for fourth-degree DWI after he was stopped for speeding near Highway 13 and West 128th Street on Nov. 8.
Source
Wednesday, October 7, 2009
Wakefield police to hold first sobriety checkpoint this weekend
WAKEFIELD — Thanks to a federal grant and a court order, police will establish the town's first sobriety checkpoint sometime this weekend to combat increasing incidents and accidents connected to drinking and driving.
While police have not released a specific time and place, Lt. Mark O'Brien, who will supervise the checkpoint, said officers will set up one checkpoint on one road between Friday and Sunday based on past DWI arrest data.
"It's not to inconvenience them (drivers). It's to get the impairment off the road," O'Brien said, adding participants will have to opportunity to fill out survey forms at the checkpoints.
O'Brien said other departments throughout the state — including Portsmouth, Conway and Center Harbor — have received "a lot of good feedback" from residents about their checkpoints.
Police will be stopping vehicles for a specific amount of time to interview the drivers in accordance with a "tight operation plan" to protect people's constitutional rights against illegal search and seizure based on a court order and state law, O'Brien said.
"It's not entrapment, it's a random checkpoint," O'Brien said. Vehicles will be stopped as officers at the checkpoint are available.
O'Brien said further action will only occur at the checkpoint if officers find probable cause. He added a drug recognition expert will also be at the scene to assist officers.
"If we ran 300 cars through and get no DWIs, I'll consider it a success," O'Brien said. Regular patrols will continue normally in the rest of the community while the checkpoint is operation as officers receive assistance from Wolfeboro police, Ossipee police, the Carroll County Sheriffs Office and N.H. State Police Troop E.
In 2007, there were 122 fatal driving accidents in the state and 41 of them — or 33.6 percent — were alcohol related, O'Brien said, adding he could not recall when the last alcohol-related fatality was in town.
O'Brien said there were 27 DWI arrests in Wakefield in 2003, 51 in 2004, 29 in 2005, 30 in 2006, 23 in 2007 and 19 in 2008. He added these numbers represented arrests only, not convictions.
"We're going to have a lot more DWIs this year," O'Brien said, adding this is due to police patrolling more, not because of an increase of drinking during tough economic times.
Source
While police have not released a specific time and place, Lt. Mark O'Brien, who will supervise the checkpoint, said officers will set up one checkpoint on one road between Friday and Sunday based on past DWI arrest data.
"It's not to inconvenience them (drivers). It's to get the impairment off the road," O'Brien said, adding participants will have to opportunity to fill out survey forms at the checkpoints.
O'Brien said other departments throughout the state — including Portsmouth, Conway and Center Harbor — have received "a lot of good feedback" from residents about their checkpoints.
Police will be stopping vehicles for a specific amount of time to interview the drivers in accordance with a "tight operation plan" to protect people's constitutional rights against illegal search and seizure based on a court order and state law, O'Brien said.
"It's not entrapment, it's a random checkpoint," O'Brien said. Vehicles will be stopped as officers at the checkpoint are available.
O'Brien said further action will only occur at the checkpoint if officers find probable cause. He added a drug recognition expert will also be at the scene to assist officers.
"If we ran 300 cars through and get no DWIs, I'll consider it a success," O'Brien said. Regular patrols will continue normally in the rest of the community while the checkpoint is operation as officers receive assistance from Wolfeboro police, Ossipee police, the Carroll County Sheriffs Office and N.H. State Police Troop E.
In 2007, there were 122 fatal driving accidents in the state and 41 of them — or 33.6 percent — were alcohol related, O'Brien said, adding he could not recall when the last alcohol-related fatality was in town.
O'Brien said there were 27 DWI arrests in Wakefield in 2003, 51 in 2004, 29 in 2005, 30 in 2006, 23 in 2007 and 19 in 2008. He added these numbers represented arrests only, not convictions.
"We're going to have a lot more DWIs this year," O'Brien said, adding this is due to police patrolling more, not because of an increase of drinking during tough economic times.
Source
Monday, September 28, 2009
Accused N.C. lawyer is missing
Chad Lee, a Johnston County attorney who faces charges of tampering with dozens of DWI cases, has disappeared.
His father, retired prison warden Roby Lee, reported him missing to Johnston County Sheriff Steve Bizzell on Tuesday. He last saw Lee's Toyota truck June 25 outside a Holiday Inn in Warsaw, Bizzell said. Roby Lee waited for his son to come outside the hotel. Eventually, Roby Lee went into the motel office. When he came back, Chad Lee's truck was gone.
Chad Lee was a well regarded criminal defense attorney who had fallen hard this year. He was indicted in March for obstructing justice by filing fraudulent dismissal forms with dozens of drunk driving cases he was hired to defend. Four other attorneys and a former clerk of court have also been charged.
Many courthouse officials have noticed Lee's absence in recent weeks. On Monday, Lee did not show up in superior court to defend a client at trial. A judge appointed another attorney to take up the case.
Bizzell has assigned two detectives to the case. They will sift through credit card charges and cell phone records in hopes of finding Lee.
Source
His father, retired prison warden Roby Lee, reported him missing to Johnston County Sheriff Steve Bizzell on Tuesday. He last saw Lee's Toyota truck June 25 outside a Holiday Inn in Warsaw, Bizzell said. Roby Lee waited for his son to come outside the hotel. Eventually, Roby Lee went into the motel office. When he came back, Chad Lee's truck was gone.
Chad Lee was a well regarded criminal defense attorney who had fallen hard this year. He was indicted in March for obstructing justice by filing fraudulent dismissal forms with dozens of drunk driving cases he was hired to defend. Four other attorneys and a former clerk of court have also been charged.
Many courthouse officials have noticed Lee's absence in recent weeks. On Monday, Lee did not show up in superior court to defend a client at trial. A judge appointed another attorney to take up the case.
Bizzell has assigned two detectives to the case. They will sift through credit card charges and cell phone records in hopes of finding Lee.
Source
Monday, September 14, 2009
Cheap Auto Insurance and SR22 Leader Serenity Insurance Group now has Agents Available Nights and Weekends
Cheap Auto Insurance and SR22 Leader Available Nights and Weekends. Serenity Insurance Group, the leader in customer service based Affordable Car Insurance for high risk and preferred drivers, now has agents available to respond to auto insurance quote requests during night and weekend hours. Beginning June 18, 2009, Serenity will have automotive insurance specialists available by telephone, by live chat, or by filling out the online quote request form on the Serenity Group website Extended hours for Monday through Saturday run until 8:00 P.M.Pacific Standard Time (PST) and agents are available by phone, by live online chat and by filling out an online form.
DUI drivers can now obtain affordable SR22 Insurance with a phone call or simple online form during extended night and weekend hours. Serenity Insurance Group today announced the expansion of their DUI and DWI Insurance coverage area to include 47 states and expansion of hours of full time coverage by licensed insurance agents up until 8:00 P.M. PST. These expanded service times mean that almost all drivers can now take immediate advantage of the low cost and easy accessibility of the SR22 Insurance coverage and cheap auto insurance options offered by Serenity Insurance.
Drivers who have been convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) are required to maintain special insurance coverage. In many states, this is documented by an SR22 filing by an insurance company that writes this type of coverage. Serenity is now able to supply SR22 forms in all but three states and is also able to supply ATV Insurance, Motorcycle Insurance coverage, umbrella policies and a variety of other insurance needs.
Source
DUI drivers can now obtain affordable SR22 Insurance with a phone call or simple online form during extended night and weekend hours. Serenity Insurance Group today announced the expansion of their DUI and DWI Insurance coverage area to include 47 states and expansion of hours of full time coverage by licensed insurance agents up until 8:00 P.M. PST. These expanded service times mean that almost all drivers can now take immediate advantage of the low cost and easy accessibility of the SR22 Insurance coverage and cheap auto insurance options offered by Serenity Insurance.
Drivers who have been convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) are required to maintain special insurance coverage. In many states, this is documented by an SR22 filing by an insurance company that writes this type of coverage. Serenity is now able to supply SR22 forms in all but three states and is also able to supply ATV Insurance, Motorcycle Insurance coverage, umbrella policies and a variety of other insurance needs.
Source
Sunday, August 30, 2009
How far the research of DWI attorneys influence the results?
There is’ nothing good than to obey all rules and regulations which have been made to protect citizen rights. Consider yourself to be the sufferer in case of someone’ act of irresponsibility, how would you feel if nay of your love done will come-across any fatal or injurious accident due to Driving While impaired (DWI) condition. It won’t help for sure. Laws of all states discourages DWI and the people arrested with DWI are subjected to extreme punishments once their fault is proven in the court of justice.
DWI has been made complicated by the latest additions to laws and DWI attorneys have come-up with few really difficult allegations to prove objections about the criminal who is caught and arrested under the DWI act. It has become quiet difficult to establish any criminal’s crime after he has been arrested on the driving seat. DWI attorneys have invented many new methods and ways toprotect their clients by charging them heavy fees. DWI attorneys have gained very mush skill in defending their client’s position in DWI cases. The best thing they undertake is the review of the case to find out any kind of defects or loop holes in the making of the case. They mat indulge the jury in different technicalities to create any room for their clients escape from the prison and fine. DI attorney may seek the status of maintenance and calibration of breath machine. He may ask the authorities to furnish maintenance slip and certification from the concerned authority that breathing machine is in right condition to recd the breathing status of any criminal. DWI attorney may also ask for a separate analysis of blood of the criminal to find out the amount of percentage of alcohol or any other material in the blood of the criminal.
All these measures are adopted by DWI attorneys to negotiate for lenient charge and reduced sentence and to get some expert witness for trial. A killed DWI attorney may question the qualification of the blood technician and his reliability of the laboratory where the blood samples are being tested. There are thousands of way sin which DWI attorneys can come p with something really tricky and they can achieve their clients objectives. These things cannot change the realities but they can bring to the picture some of the things which have never been previously considered to be of any importance in such cases. Research has been the key for all the DWI attorneys and they have proven their unique ability in resolving most complex cases with just a very simple but insightful justification about the different processes involved in this type of cases.
DWI attorneys have done tremendous research and have evolved exciting new dimensions in the cases which have proven very helpful in saving some of the innocent people from punishment or long sentences. Prosecution in DWI cases heavily relies on the breath, blood and urine chemical tests, so, there is every chance of finding something really supportive for the case once careful review by DWI attorney. DWI attorneys really matters in getting favorable results of all the cases which falls under this allegation.
Source
DWI has been made complicated by the latest additions to laws and DWI attorneys have come-up with few really difficult allegations to prove objections about the criminal who is caught and arrested under the DWI act. It has become quiet difficult to establish any criminal’s crime after he has been arrested on the driving seat. DWI attorneys have invented many new methods and ways toprotect their clients by charging them heavy fees. DWI attorneys have gained very mush skill in defending their client’s position in DWI cases. The best thing they undertake is the review of the case to find out any kind of defects or loop holes in the making of the case. They mat indulge the jury in different technicalities to create any room for their clients escape from the prison and fine. DI attorney may seek the status of maintenance and calibration of breath machine. He may ask the authorities to furnish maintenance slip and certification from the concerned authority that breathing machine is in right condition to recd the breathing status of any criminal. DWI attorney may also ask for a separate analysis of blood of the criminal to find out the amount of percentage of alcohol or any other material in the blood of the criminal.
All these measures are adopted by DWI attorneys to negotiate for lenient charge and reduced sentence and to get some expert witness for trial. A killed DWI attorney may question the qualification of the blood technician and his reliability of the laboratory where the blood samples are being tested. There are thousands of way sin which DWI attorneys can come p with something really tricky and they can achieve their clients objectives. These things cannot change the realities but they can bring to the picture some of the things which have never been previously considered to be of any importance in such cases. Research has been the key for all the DWI attorneys and they have proven their unique ability in resolving most complex cases with just a very simple but insightful justification about the different processes involved in this type of cases.
DWI attorneys have done tremendous research and have evolved exciting new dimensions in the cases which have proven very helpful in saving some of the innocent people from punishment or long sentences. Prosecution in DWI cases heavily relies on the breath, blood and urine chemical tests, so, there is every chance of finding something really supportive for the case once careful review by DWI attorney. DWI attorneys really matters in getting favorable results of all the cases which falls under this allegation.
Source
Monday, August 17, 2009
WHAT ARE THE PENALTIES FOR DWI?
Being charged with and convicted of Driving While Intoxicated (either via alcohol or drugs) under N.J.S.A. 39:4-50 has serious consequences in New Jersey. There are both direct consequences and collateral consequences that arise from a conviction of DWI. This article will address the direct consequences (only), which can result in a jail term, a significant loss of your driver's license through suspension or revocation and high monetary penalties. With respect to the collateral consequences, an attorney should always be consulted. The penalties for DWI, vary upon the number of prior convictions for DWI that you may have and the location of the incident (i.e. increased penalties if the event happened near or on school grounds). In the coming days, I will be creating a chart that should provide you with an idea of the potential penalties that you face.
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