Tuesday, July 14, 2009

Changes to the Jefferson County, Alabama Point System could impact your DUI case or Traffic Violation. Call us NOW (866) 348-2889

The Kreps Law Firm, LLC team focuses on defense against Jefferson County, Alabama DUI and traffic charges. Learn more about who we are and what we do by reading read some of our case results and clients’ testimonials, and then send us an e-mail briefly describing your case. We promptly will arrange for an evaluation of your case at no charge.

Recently, the point system related to Jefferson County, Alabama traffic and DUI violations has been amended. Please contact our office as soon as possible if you have been charged with a violation and we will discuss your case with you and can help you through the process. Call us TODAY at (866) 348-2889.

From the website of the Alabama Department of Public Safety:

Driver License Point System

Points are assessed for various violations as follows (Effective May 1, 2009):

  • • Any conviction which resulted from a charge that involved the drinking of alcoholic beverages and the driving of a motor vehicle but did not require mandatory revocation of the driver license - 6 points

  • • Reckless driving or reckless endangerment involving operating a motor vehicle - 6 points

  • • Failure to yield right-of-way - 5 points

  • • Passing stopped school bus - 5 points

  • • Wrong side of road/illegal passing - 4 points

  • • Following too closely - 3 points

  • • Disregarding traffic control device (stop sign, traffic light, etc.) - 3 points

  • • All other moving violations - 2 points

  • • Inability to control vehicle - 2 points

  • • Improper lane - 2 points

  • • Speeding (1 to 25 mph over speed limit) - 2 points

  • • Speeding (26 or more mph over speed limit) - 5 points

  • • Drinking alcohol while operating a vehicle - 2 points

  • • Admin per se - 6 points

  • • Improper operation of motorcycle - 2 points

  • • Fail to obey construction/maintenance zone markers/flagman/police officer/restricted lane - 3 points

  • • Emergency vehicles - 2 points

  • • Fail to signal/use incorrect turn signal - 2 points

  • • Making improper turn - 2 points

  • • Coasting - 2 points

  • • Unsafe operation - 2 points

The following schedule is used to determine the length of a suspension period:-

  • • 12-14 points in a 2-year period ­ 60 days

  • • 15-17 points in a 2-year period ­ 90 days

  • • 18-20 points in a 2-year period ­ 120 days

  • • 21-23 points in a 2-year period ­ 180 days

  • • 24 and above points in a 2-year period ­ 365 days

After a traffic conviction is 2 years old, it loses its point count for suspension purposes but remains on a driver's record.

FROM THE ALABAMA ADMINISTRATIVE CODE:

760-X-1-. 07 Suspension and Revocation of Driver License Under The Point System.

(1) Code of Ala. 1975, as amended, § 32-5A-195, provides that the Director of Public Safety shall forthwith revoke the license of any driver upon receipt of such driver’s record of any of the following offenses when such conviction has become final : manslaughter resulting from the operation of a motor vehicle; driving a motor vehicle by a person who is habitual user of narcotic drugs, or while intoxicated, any felony in the commission of which a motor vehicle is used; failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another; perjury, or the making of a false affidavit or statement under oath to the Director of Public Safety under this article, or under any other law relating to the ownership or operation of motor vehicles.

Section 32-10-1(b) also provides that the Director shall revoke the driver license of persons convicted of leaving the scene of an accident under this section, §32-5A-195 further provides that the Director of Public Safety of the state of Alabama is authorized to suspend the driver license of a driver who is determines to be: (1) a habitually reckless or negligent driver of a motor vehicle, or (2) is a habitual violator of the traffic laws. However, there is no clear, uniform basis upon which the Director may act in finding that the driver license of a person should be suspended on either or both of the above grounds. Therefore, in order to establish a uniform system of suspending drivers’ licenses on either or both of the grounds listed in §32-5A-195, the following classifications of point values shall be assessed for the following enumerated offenses against each driver, whether occurring within or without the State of Alabama:

(a) Any conviction which resulted from a charge that involved the drinking of alcoholic beverages and the driving of a motor vehicle but did not require mandatory revocation of the driver license…6 points

(b) Reckless Driving or Reckless Endangerment involving operating a motor vehicle…6 points

(c) Failure to Yield Right of way……....5 points

(d) Passing Stopped School Bus………5 points

(e) Wrong Side of Road/Illegal Passing...4 points

(f) Following too closely……………….3 points

(g) Disregarding Traffic Control Devices..3 points

(h) All other Moving Violations…………2 points

(i) Inability to Control Vehicle………….2 points

(j) Improper lane violation……………....2 points

(k) Speeding violation to include 1-25 mph over speed limit… 2 points

(l) Speeding 26 or more over speed limit...5 points

(m) Drinking alcohol while operating a vehicle…2 points

(n) Admin per se…………………………6 points

(o) Improper operating of motorcycle………2 points

(p) Fail to obey construction/maintenance zone marker/flag man /police officer/restricted lane……3 points

(q) Emergency vehicles violation……………2 points

(r) Fail to signal/use incorrect turn signal……2 points

(s) Making improper turn…………………..2 points

(t) Coasting………………………………..2 points

(u) Unsafe operation………………………..2 points


(2) The Director shall suspend a driver license in accordance with the following schedule; provided however, that the Director may modify or alter the suspension period as set out below, if upon the completion of the administrative hearing, the findings warrant a different suspension period:


(a) 12-14 points in a 2-year period ­ 60 days

(b) 15-17 points in a 2-year period ­ 90 days

(c) 18-20 points in a 2-year period ­ 120 days

(d) 21-23 points in a 2-year period ­ 180 days

(e) 24 and above points in a 2-year period ­ 365 days


(3) Upon receipt of notice of the suspension of his driver license, the driver may request a pre-suspension or administrative hearing in the county of his residence before an agent of the Director of Public Safety. If a pre-suspension hearing is requested within ten (10) days of the date of the notice, suspension is deferred until date of hearing. The result of this hearing will be forwarded to the Director of the Department of Public Safety who shall either affirm, rescind or good cause appearing therefore, may extend the period of suspension of such license.


(4) Upon notification of the results of the administrative hearing, the driver, if dissatisfied with the results of said hearing, has thirty (30) days within which he may appeal to the circuit court of the county of his residence.


(5) Reports of traffic convictions shall retain their point value for suspension purposes for a period of two years from the date of conviction.


(6) Upon completion of the period of suspension given by the Director, the point value of the reports upon which said suspension was based shall not be considered for subsequent suspension purposes, provided that if upon an administrative hearing the period of suspension be mitigated, the points shall remain effective during any period or probation which may be imposed.


(7) If a license changes his name or address, he shall notify the Department of Public Safety, Driver License Division, within thirty (30) days.

Kreps Law Firm, LLC is an experienced Alabama DUI, reckless driving and traffic defense firm that handles DUI and traffic violations cases (including reckless driving, speeding and DUI) statewide and in Jefferson County, Alabama. Kreps Law Firm LLC can advise the best course of action, both for Alabama residents and out of state drivers who receive a citation on Jefferson County, Alabama roadways.

To speak with the Jefferson County, Alabama DUI, Reckless Driving and Traffic Ticket Attorneys at Kreps Law Firm, LLC call us at (866) 348-2889 or email at DUI@WinWithKreps.com or traffic@WinWithKreps.com or visit our websites at www.Alabama-DUI-Defense.com , www.AlabamaRecklessDrivingAttorney.com or www.AlabamaSpeedingTicket.com or www.AlabamaTrafficTicketAttorney.com .


Thursday, May 14, 2009

Jefferson County Drunk Driving Breath Test Lawyer. Call Kreps Law Firm, LLC Today at (866) 348-2889.

Kreps Law Firm, LLC practices DUI defense statewide including Jefferson County, Alabama.

Joseph C. Kreps is an Alabama DUI Defense Attorney focusing on DUI and traffic violation cases throughout the state. Mr. Kreps is a certified Standardized Field Sobriety Test Practitioner and Instructor per NHTSA/IACP guidelines. He is also a member of the National College for DUI Defense. To discuss your pending Jefferson County, Alabama DUI Drunk Driving charge, please call Kreps Law Firm, LLC at (866) 348-2889, or email us at dui@WinWithKreps.com . You can also visit our firm website at www.Alabama-DUI-Defense.com .

Thursday, May 7, 2009

Jefferson County DUI Lawyer. Call Kreps Law Firm, LLC Today at (866) 348-2889

Kreps Law Firm, LLC practices DUI defense statewide including Jefferson County, Alabama.

Joseph C. Kreps is an Alabama DUI Defense Attorney focusing on DUI and traffic violation cases throughout the state. Mr. Kreps is a certified Standardized Field Sobriety Test Practitioner and Instructor per NHTSA/IACP guidelines. He is also a member of the National College for DUI Defense. To discuss your pending Jefferson County, Alabama DUI Drunk Driving charge, please call Kreps Law Firm, LLC at (866) 348-2889, or email us at dui@WinWithKreps.com . You can also visit our firm website at www.Alabama-DUI-Defense.com .

Wednesday, May 6, 2009

Jefferson County DUI Attorney. Call Kreps Law Firm, LLC Today at (866) 348-2889

Kreps Law Firm, LLC practices DUI defense statewide including Jefferson County, Alabama.

Joseph C. Kreps is an Alabama DUI Defense Attorney focusing on DUI and traffic violation cases throughout the state. Mr. Kreps is a certified Standardized Field Sobriety Test Practitioner and Instructor per NHTSA/IACP guidelines. He is also a member of the National College for DUI Defense. To discuss your pending Jefferson County, Alabama DUI Drunk Driving charge, please call Kreps Law Firm, LLC at (866) 348-2889, or email us at dui@WinWithKreps.com . You can also visit our firm website at www.Alabama-DUI-Defense.com .

Jefferson County DUI Laws. Call Kreps Law Firm, LLC Today at (866) 348-2889

Kreps Law Firm, LLC practices DUI defense statewide including Jefferson County, Alabama.

Joseph C. Kreps is an Alabama DUI Defense Attorney focusing on DUI and traffic violation cases throughout the state. Mr. Kreps is a certified Standardized Field Sobriety Test Practitioner and Instructor per NHTSA/IACP guidelines. He is also a member of the National College for DUI Defense. To discuss your pending Jefferson County, Alabama DUI Drunk Driving charge, please call Kreps Law Firm, LLC at (866) 348-2889, or email us at dui@WinWithKreps.com . You can also visit our firm website at www.Alabama-DUI-Defense.com .

Jefferson County DUI Lawyer. Call Kreps Law Firm, LLC Today at (866) 348-2889

Kreps Law Firm, LLC practices DUI defense statewide including Jefferson County, Alabama.

Joseph C. Kreps is an Alabama DUI Defense Attorney focusing on DUI and traffic violation cases throughout the state. Mr. Kreps is a certified Standardized Field Sobriety Test Practitioner and Instructor per NHTSA/IACP guidelines. He is also a member of the National College for DUI Defense. To discuss your pending Jefferson County, Alabama DUI Drunk Driving charge, please call Kreps Law Firm, LLC at (866) 348-2889, or email us at dui@WinWithKreps.com . You can also visit our firm website at www.Alabama-DUI-Defense.com .

Saturday, April 4, 2009

Fight Your Jefferson County, Alabama DUI charge and avoid jail time, drivers license suspension or worse. Call Krep (866) 348-2889

Georgia has passed a felony-level DUI charge for repeat offenders who have received four convictions in the previous 10 years. Currently, Alabama has a five year 'look back' and a conviction older than 5 years generally isn't considered by the courts. Illinois has enacted legislation requiring ignition interlock (breathalyzer type) devices for first offenders. On January 1st, California's latest DUI law went into effect, dropping the blood alcohol content (BAC) at which an ignition interlock device may be required and mandating that anyone on probation for DUI cannot drive with a BAC of even 0.01. The trend is obvious; stricter standards and harsher punishments.

With legislation in the works for February 2009 in Alabama, it remains to be seen which of these laws will be emulated. Currently 7 other states besides Illinois (Alaska, Arizona, Colorado, Louisiana, Nebraska, New Mexico and Washington) require ignition interlock devices (IID) for first-time drunk driving convictions. Mother's Against Drunk Driving is pushing hard to make this a requirement in all states. On their website they claim a 64% reduction in repeat offenses with this technology when combined with treatment and hard license suspensions. They have issued a 'call to action' for citizens of Alabama to support laws mandating IIDs for any DUI conviction.

Legislative bodies are particularly prone to adopt behavior modification by way of increased penalties. It is an easy way to gain votes as a 'law and order' politician and satisfies the demands of MADD. Unfortunately, the unintended consequences for those convicted and their families can be quite severe. Transportation is essential for anyone trying to hold a job, IIDs are expensive to install and maintain, and a first offense doesn't necessarily indicate an alcohol addiction. How do you explain to your employer that you can't make it to work because your ignition interlock is malfunctioning? The human tendency is to assume you are drinking.

Joseph C. Kreps is an Alabama DUI Defense Attorney focusing on DUI and traffic violation cases throughout the state. Mr. Kreps is a certified Standardized Field Sobriety Test Practitioner and Instructor per NHTSA/IACP guidelines. He is also a member of the National College for DUI Defense. To discuss your pending Jefferson County, Alabama DUI drunk driving charge, please call Kreps Law Firm, LLC at (866) 348-2889, or email us at dui@WinWithKreps.com . You can also visit our firm website at www.Alabama-DUI-Defense.com .

New bill proposed in Alabama Senate, which will double minimum penalties with a blood alcohol content of 0.15. Call Kreps Law Firm, LLC (866) 348-2889

Last year a bill that increased penalties for some DUI convictions stalled in the Alabama Senate. This year, the bill has been reintroduced and if passed will apply statewide including Jefferson County, Alabama. The bill (SB10) was pre-filed back in October of 2008 and comes up for action in the Judiciary Committee in the beginning of February, 2009. The bill is more likely to pass this session, because last year's Judiciary Committee Chairman is expected to move to a new post as Senate Pro-tem.

The bill would double the minimum penalties for drivers with a blood alcohol content (BAC) of 0.15 percent (a BAC of 0.08 is the legal limit in Alabama). It would also increase the number of years a previous DUI would remain 'active'. Currently, Alabama has a 'look back' of five years. A DUI older than five years is dropped from consideration for subsequent DUI sentencing.

In addition, the legislation would add a provision for mandatory ignition interlock devices (IIDs). These require drivers to 'blow clean' before their car will start. Along with this, it is expected that a course of treatment and counseling will be required.

While it is impossible to predict what final form the law will take, DUI legislation in other states trends toward stiffer fines, jail, license suspension and more punishment. Arguments against raising the penalties revolve around the collateral damage inflicted on those convicted and their families. People with a social or chemical addiction to alcohol need education, monitoring, and treatment and not stiffer fines, penalties, license suspension, and jail time. In order to keep all of our families safe on the Alabama roadways, we have to change the views on how DUI offenders are handled.

Lack of transportation and loss of income (driver's license suspension/revocation and jail time) leads to a downward spiral driven by higher expenses (fines and fees). All of this occurs, at the same time as a reduced ability to meet these financial obligations (loss of employment).

A BAC over 0.08 percent and then possible increased penalties at 0.15 percent do not reflect the individual variations inherent in any population. How impaired someone actually is, and how fit or unfit they are to drive, cannot be distilled into a single number. But the law requires a set standard. Making 0.15 the standard for increased punishment doesn't improve enforcement or reduce recidivism, it is an arbitrary line needed to write clear legislation.

Joseph C. Kreps is an Alabama DUI Defense Attorney focusing on DUI and traffic violation cases throughout the state. Mr. Kreps is a certified Standardized Field Sobriety Test Practitioner and Instructor per NHTSA/IACP guidelines. He is also a member of the National College for DUI Defense. To discuss your pending Jefferson County, Alabama DUI Drunk Driving Charge, please call Kreps Law Firm, LLC at (866) 348-2889, or email us at dui@WinWithKreps.com . You can also visit our firm website at www.Alabama-DUI-Defense.com .

Friday, April 3, 2009

Jefferson County, Alabama’s Strict Enforcement of DUI Laws Attorney. Call Kreps Law Firm, LLC Today at (866) 348-2889.

Joseph C. Kreps, managing partner of Kreps Law Firm LLC, focuses his practice on the defense of DUI and traffic violation cases including those in Jefferson County, Alabama. With a new, harsher DUI law coming up in the Alabama State Senate, Mr. Kreps explains why newer laws aren't needed in Alabama:

The statistics are clear. They show a downward trend in alcohol related traffic fatalities over the past two decades. The numbers are skewed because an “alcohol-related” case can be one where an empty beer can was found in the car or outside of the case and does not necessarily mean that a driver was impaired. Current laws are working. Contrast this decrease with the statistics in Wisconsin where almost half of traffic fatalities involve alcohol. Of particular interest is that Wisconsin has DUI laws that are stricter than Alabama's.

Can this discrepancy be explained by enforcement practices? Does Alabama arrest more drivers for DUI? No. Wisconsin, with a similar population, arrests more than twice as many of its citizens for DUI. The Substance Abuse and Mental Health Services Administration (SAMHSA) published a study in 2006 that showed Alabama had one of the lowest rates of impaired (drug or alcohol) driving in the country (11%, with the national average of 15% and a high, in Wisconsin of 26.4%). Plainly, Alabama residents do not drink and drive as much as the rest of the nation.

Laws that merely mimic what other states are doing, without considering Alabama's actual problems are a waste of time and resources. Political grandstanding (to gain a law and order image) ends up putting an undue burden on those few of our citizens who have problems with alcohol. When current law suffices, there is no need to increase penalties beyond reason. Alabama and other states will never stop first-time and repeat DUI offenders unless we deal with the real problem – social and chemical addiction to alcohol. This requires a genuine desire to stop drinking and driving and also, a shift in focus from punishment to education, treatment, and monitoring.

Too many defendants plead guilty when charged with a DUI, leading to lifelong consequences. Increased insurance rates, motor vehicle costs, jail time, fines, loss of driving privileges and a criminal record are just a few likely results. By retaining experienced and knowledgeable counsel immediately, some of these outcomes can be avoided or reduced in severity. Kreps Law Firm DUI defense attorneys can guide the process, evaluate options, and judge the merits of the case. Pleading guilty without representation a thorough investigation is almost always a mistake.

Kreps Law Firm, LLC practices DUI defense statewide including Jefferson County, Alabama. Mr. Kreps supports education and treatment for those suffering from alcohol addiction. Simply increasing the fines and penalties for drunken driving offenses is not a long term solution; rather, such harsh measures simply turn an abuse problem into a serious criminal offense with life altering consequences. Conviction for DUI leads to higher insurance rates, jail time, license suspension, fines, costs, additional motor vehicle costs and can ruin employment prospects. A criminal record is not the solution to a cultural and biological problem.

Joseph C. Kreps is an Alabama DUI Defense Attorney focusing on DUI and traffic violation cases throughout the state. Mr. Kreps is a certified Standardized Field Sobriety Test Practitioner and Instructor per NHTSA/IACP guidelines. He is also a member of the National College for DUI Defense. To discuss your pending Jefferson County, Alabama DUI Drunk Driving charge, please call Kreps Law Firm, LLC at (866) 348-2889, or email us at dui@WinWithKreps.com . You can also visit our firm website at www.Alabama-DUI-Defense.com .

Monday, March 2, 2009

ANew DUI bill in Alabama Senate to double minimum penalties with a blood alcohol content of 0.15 or greater in Jefferson County, Alabama. Arrested?


In the 2009 legislative session, a bill to increase penalties for driving under the influence (DUI) in Jefferson County, Alabama is set to be reintroduced in the Senate. While it is impossible to predict what final form the law will take, DUI legislation in other states trends toward stiffer fines and more punishment.

Drinking to the point of impairment and driving in Jefferson County, Alabama is dangerous and should not be condoned. However, continued punishment of first-time and repeat offenders without solving the real issues will not serve the goal of eradicating drinking to the point of impairment and driving.

Education and treatment of alcohol abuse are the most effective solutions to curb the systemic problem of multiple offense DUI offenders in Alabama. Smokers continue to smoke even though it will likely kill them because nicotine is addictive and smoking is a habit. Drinkers will continue to drink and get behind the wheel because of their addictions to the chemical or social effects of alcohol. With education and treatment, we can help to make the roads and highways of Alabama safe for all of us and our families.

If you have been charged with DUI in Jefferson County, Alabama, call the experienced DUI drunk driving attorneys at Kreps Law Firm, LLC Today (866) 348-2889 or visit us on the web at www.Alabama-DUI-Defense.com.

Posted below is a copy of the proposed bill:

SYNOPSIS: Under existing law, there are no additional penalties for driving under the influence with an extreme percentage of blood alcohol content. Also, the law provides that a person convicted of a third offense receives a mandatory minimum sentence greater than that for a fourth offense. Also, the law has been judicially interpreted to prohibit consideration of prior convictions older than 5 years for purposes of habitual offender sentencing.

This bill would double the minimum sentence for a person convicted of DUI who has 0.15 percent or greater by weight of alcohol in his or her blood, thereby satisfying one of the programmatic criteria for federal grant eligibility under the federal "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA-LU). In addition, this bill would increase the minimum mandatory sentence for a fourth offense from 10 days to 120 days not subject to probation or suspension; clarify that any prior conviction, regardless of date and regardless of whether it was in-state or out-of-state, will count as a prior conviction for purposes of sentencing repeat offenders; and would make technical corrections.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.


A BILL
TO BE ENTITLED
AN ACT

Relating to Alabama's DUI law; to amend Section 32-5A-191 of the Code of Alabama 1975; to provide for a mandatory sentence of at least double the minimum punishment for a person convicted of DUI who has 0.15 percent or more by weight of alcohol in his or her blood within four hours of operating or being in control of a motor vehicle; clarifying that any prior conviction, regardless of date and regardless of whether it was in-state or out-of-state, will count as a prior conviction for purposes of sentencing repeat offenders; to raise the mandatory minimum imprisonment for a fourth offense to 120 days not subject to probation or suspension; to make technical corrections; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.


BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 32-5A-191 of the Code of Alabama 1975, is amended to read as follows:
§32-5A-191.
"(a) A person shall not drive or be in actual physical control of any vehicle while:

"(1) There is 0.08 percent or more by weight of alcohol in his or her blood;

"(2) Under the influence of alcohol;

"(3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving;

"(4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or

"(5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.

"(b) A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood. The Department of Public Safety shall suspend or revoke the driver's license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection. Notwithstanding the foregoing, upon the first violation of this subsection by a person whose blood alcohol level is between 0.02 and 0.08, the person's driver's license or driving privilege shall be suspended for a period of 30 days in lieu of any penalties provided in subsection (e) of this section, and there shall be no disclosure, other than to courts, law enforcement agencies, and the person's employer, by any entity or person, of any information, documents, or records relating to the person's arrest, conviction, or adjudication of or finding of delinquency based on this subsection.

"All persons, except as otherwise provided in this subsection for a first offense, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection shall be fined pursuant to this section, notwithstanding any other law to the contrary, and the person shall also be required to attend and complete a DUI or substance abuse court referral program in accordance with subsection (i).

"(c)(1) A school bus or day care driver shall not drive or be in actual physical control of any vehicle while in performance of his or her duties if there is greater than 0.02 percent by weight of alcohol in his or her blood. A person convicted pursuant to this subsection shall be subject to the penalties provided by this section, except that on the first conviction the Director of Public Safety shall suspend the driving privilege or driver's license for a period of one year.

"(2) A person shall not drive or be in actual physical control of a commercial motor vehicle, as defined in 49 CFR Part 390.5 of the Federal Motor Carrier Safety Regulations as adopted pursuant to Section 32-9A-2, if there is 0.04 percent or greater by weight of alcohol in his or her blood. Notwithstanding the other provisions of this section, the commercial driver's license or commercial driving privilege of a person convicted of violating this subdivision shall be suspended for the period provided in accordance with 49 CFR Part 383.51 or 49 CFR Part 391.15, as applicable, and the person's regular driver's license or privilege to drive a regular motor vehicle shall be governed by the remainder of this section if the person is guilty of a violation of another provision of this section.

"(d) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a controlled substance shall not constitute a defense against any charge of violating this section.

"(e) Except as provided in subsection (b) for first-time offenders under the age of 21 years and subsection (f) for repeat offenders, a person convicted of violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a fine and imprisonment. In addition, the Director of Public Safety shall suspend the driving privilege or driver's license of the person convicted for a period of 90 days.

"(f) For purposes of imposing a sentence against a repeat offender, a prior conviction is a conviction, regardless of the date, of any offense under this section, or of any offense in another state or territory, or municipality thereof, the elements of which would establish an offense under this section.

(1) A person convicted of violating this section who has only one prior conviction shall be punished by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not more than one year. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days. In addition the Director of Public Safety shall revoke the driving privileges or driver's license of the person convicted for a period of one year.

"(2) A person convicted of violating this section who has exactly two prior convictions shall be punished by a fine of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not less than 60 days nor more than one year, to include a minimum of 60 days which shall be served in the county or municipal jail and cannot be probated or suspended. In addition, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of three years.

"(3) A person convicted of violating this section who has three or more prior convictions shall be guilty of a Class C felony and punished by a fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment of not less than one year and one day nor more than 10 years, to include a mandatory minimum of 120 days which shall be served in the county jail and cannot be probated or suspended. Any term of imprisonment may include hard labor for the county or state, and where imprisonment does not exceed three years confinement, may be in the county jail. Where imprisonment does not exceed one year and one day, confinement shall be in the county jail. Any portion of the sentence in excess of 120 days may be suspended or probated, but only if as a condition of probation the defendant enrolls and successfully completes a state certified chemical dependency program recommended by the court referral officer and approved by the sentencing court. Where probation is granted, the sentencing court may, in its discretion, and where monitoring equipment is available, place the defendant on house arrest under electronic surveillance during the probationary term. In addition to the other penalties authorized, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of five years.

"The Alabama habitual felony offender law shall not apply to a conviction of a felony pursuant to this subdivision, and a conviction of a felony pursuant to this subdivision shall not be a felony conviction for purposes of the enhancement of punishment pursuant to Alabama's habitual felony offender law.

"(g) When any person convicted of violating this section is found to have had at least 0.15 percent or more by weight of alcohol in his or her blood within four hours of operating or being in actual physical control of a vehicle, he or she shall be sentenced to at least double the minimum punishment that the person would have received if he or she had had less than 0.15 percent or more by weight of alcohol in his or her blood. If the adjudicated offense is a misdemeanor, the minimum punishment shall be imprisonment for one year, all of which may be suspended except as otherwise provided for in Section 32-5A-191(f). In addition, the Director of Public Safety shall revoke the driving privileges or driver's license of the person convicted for a period of not less than one year.

"(h) When any person over the age of 21 years is convicted of violating this section and it is found that a child under the age of 14 years was present in the vehicle at the time of the offense, the person shall be sentenced to at least double the minimum punishment that the person would have received if the child had not been present in the motor vehicle.

"(i) In addition to the penalties provided herein, any person convicted of violating this section shall be referred to the court referral officer for evaluation and referral to appropriate community resources. The defendant shall, at a minimum, be required to complete a DUI or substance abuse court referral program approved by the Administrative Office of Courts and operated in accordance with provisions of the Mandatory Treatment Act of 1990, Sections 12-23-1 to 12-23-19, inclusive. The Department of Public Safety shall not reissue a driver's license to a person convicted under this section without receiving proof that the defendant has successfully completed the required program.

"(j) Neither reckless driving nor any other traffic infraction is a lesser included offense under a charge of driving under the influence of alcohol or of a controlled substance.

"(k) Except for fines collected for violations of this section charged pursuant to a municipal ordinance, fines collected for violations of this section shall be deposited to the State General Fund; however, beginning October 1, 1995, of any amount collected over two hundred fifty dollars ($250) for a first conviction, over five hundred dollars ($500) for a second conviction, over one thousand dollars ($1,000) for a third conviction, and over two thousand dollars ($2,000) for a fourth or subsequent conviction, the first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter, the second one hundred dollars ($100) of that additional amount shall be deposited in the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and the remainder of the funds shall be deposited to the State General Fund. Fines collected for violations of this section charged pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited as follows: The first three hundred fifty dollars ($350) collected for a first conviction, the first six hundred dollars ($600) collected for a second conviction, the first one thousand one hundred dollars ($1,100) collected for a third conviction, and the first two thousand one hundred dollars ($2,100) collected for a fourth or subsequent conviction shall be deposited to the State Treasury with the first one hundred dollars ($100) collected for each conviction credited to the Alabama Chemical Testing Training and Equipment Trust Fund and the second one hundred dollars ($100) to the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and depositing this amount in the general fund of the municipality, and the balance credited to the State General Fund. Any amounts collected over these amounts shall be deposited as otherwise provided by law. Fines collected for violations of this section charged pursuant to a municipal ordinance, where the fine is paid on a partial or installment basis, shall be deposited as follows: The first two hundred dollars ($200) of the fine collected for any conviction shall be deposited to the State Treasury with the first one hundred dollars ($100) collected for any conviction credited to the Alabama Chemical Testing Training and Equipment Trust Fund and the second one hundred dollars ($100) for any conviction credited to the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and depositing this amount in the general fund of the municipality. The second three hundred dollars ($300) of the fine collected for a first conviction, the second eight hundred dollars ($800) collected for a second conviction, the second one thousand eight hundred dollars ($1,800) collected for a third conviction, and the second three thousand eight hundred dollars ($3,800) collected for a fourth conviction shall be divided with 50 percent of the funds collected to be deposited to the State Treasury to be credited to the State General Fund and 50 percent deposited as otherwise provided by law for municipal ordinance violations. Any amounts collected over these amounts shall be deposited as otherwise provided by law for municipal ordinance violations. Notwithstanding any provision of law to the contrary, 90 percent of any fine assessed and collected for any DUI offense charged by municipal ordinance violation in district or circuit court shall be computed only on the amount assessed over the minimum fine authorized, and upon collection shall be distributed to the municipal general fund with the remaining 10 percent distributed to the State General Fund.

"(l) A person who has been arrested for violating this section shall not be released from jail under bond or otherwise, until there is less than the same percent by weight of alcohol in his or her blood as specified in subsection (a)(1) or, in the case of a person who is under the age of 21 years, subsection (b) hereof.

"(m) Upon verification that a defendant arrested pursuant to this section is currently on probation from another court of this state as a result of a conviction for any criminal offense, the prosecutor shall provide written or oral notification of the defendant's subsequent arrest and pending prosecution to the court in which the prior conviction occurred.

"(n) Any person convicted of driving under the influence of alcohol, or a controlled substance, or both, or any substance which impairs the mental or physical faculties in violation of this section, a municipal ordinance adopting this section, or a similar law from another state or territory or a municipality of another state or territory more than once in a five-year period shall have his or her motor vehicle registration for all vehicles owned by the repeat offender suspended by the Alabama Department of Revenue for the duration of the offender's driver's license suspension period, unless such action would impose an undue hardship to any individual, not including the repeat offender, who is completely dependent on the motor vehicle for the necessities of life, including any family member of the repeat offender and any co-owner of the vehicle."

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Thursday, January 29, 2009

Jefferson County, Alabama DUI Drunk Driving Laws Violation. Call Kreps Law Firm, LLC Lawyers Today 888-KREPSLAW (888-573-7752).

Our Jefferson County, Alabama DUI Attorneys focus our practice on the defense of those charged with Driving Under the Influence. We focus on DUI investigation and litigation, and have developed unique investigative techniques and effective courtroom strategies to help with your Jefferson County, Alabama DUI case. Our DUI attorneys are members of the National College for DUI Defense, and are certified per the National Highway Traffic Safety Administration guidelines to administer the Standardized Field Sobriety Tests.

Kreps Law Firm Jefferson County, Alabama DUI litigators carefully prepare for and argue clients’ cases with exceptional attention to every detail. Strategies often zero-in on officers’ cause for stopping motorists, because weaving alone constitutes neither a crime nor reasonable suspicion or probable cause for a stop. Similarly, our attorneys very carefully investigate anonymous tips, because a tip alone does not give police reason to pull-over a motorist. Often anonymous tips are motivated by situations and circumstances which have nothing to do with a suspect’s sobriety. And our accomplished litigators call and examine credible witnesses whose testimony might just prove our clients’ innocence. We feel so proud of our strategies and results, we post details of our cases on our website.

The attorneys at Kreps Law Firm, LLC, handle hundreds of Alabama driving under the influence (DUI) , Draeger breath test cases, failed Field Sobriety test charges, Speeding Tickets, and drug cases each and every year. Our trained, experienced, aggressive driving under the influence (DUI) traffic violation defense law attorneys will protect your driving privileges and help to keep your insurance rates low and your record clean.

Call us today at (888) KREPSLAW, or visit us at: www.Alabama-DUI-defense.com or www.AlabamaTrafficTicketAttorney.com .

Wednesday, January 28, 2009

Fight Your Jefferson, Alabama DUI Drunk Driving Laws to Avoid Jail Time & Driver's License Issues. Call Kreps Law Firm, LLC at (888-573-7752).

In Jefferson, Alabama, if you fail to take immediate action after being cited for driving under the influence (DUI), you may lose your driver’s license before your case even goes to trial. If a police officer charges you with DUI, he or she has authority to take your license at the scene. The clock starts ticking the minute the officer takes your license, and you have only ten days to file a petition for an administrative hearing. If you fail to file for an administrative hearing, the Alabama Department of Public Safety will likely administratively suspend your license.

Naturally in Jefferson, Alabama, we encourage clients to contact the DUI Attorneys and Lawyers at Kreps Law Firm immediately. If, however, you missed the ten-day deadline, do not automatically assume you have no remedies. Our attorneys in Jefferson, Alabama can file a lawsuit on your behalf, suing the Alabama Department of Public Safety for reinstatement of your driving privileges. Because our DUI attorneys focus our practice on drunk-driving defense, they have strategies, skills, and tactics few other attorneys command. The sooner you call, the sooner our attorneys can begin advocating for you.

The attorneys at Kreps Law Firm, LLC, handle hundreds of Alabama driving under the influence (DUI) , Draeger breath test cases, failed Field Sobriety test charges, Speeding Tickets, and drug cases each and every year. Our trained, experienced, aggressive driving under the influence (DUI) traffic violation defense law attorneys will protect your driving privileges and help to keep your insurance rates low and your record clean.

Call us today at (888) KREPSLAW, or visit us at: www.Alabama-DUI-defense.com or www.AlabamaTrafficTicketAttorney.com.

Sunday, January 25, 2009

A Jefferson, Alabama is Tough on 1st and 2nd DUI offense Drivers. Call Kreps Law Firm, LLC Today 888-KREPSLAW (888-573-7752).


In an effort to discourage drunk driving and reduce serious injury accidents in Jefferson, Alabama, local police and state troopers have stepped-up their enforcement efforts. Just about everyone knows the statistics about drunk driving. In fact, the statistics released indicate a majority of serious-injury accidents result from driving under the influence. And everyone wants to keep the streets and highways safe.

In their zeal, however, police officers sometimes pull over and ticket drivers who are not seriously impaired. In some cases, officers have charged drivers with DUI when the drivers simply have made poor judgments. In other cases, officers have improperly administered field sobriety tests or have incorrectly interpreted the results.

Remember that you have rights, and that you are innocent until proven guilty in your Jefferson, Alabama DUI charge. Many motorists, feeling guilty and admitting their mistakes, forfeit their rights against self-incrimination. Others, unaware of DUI’s serious consequences, harsh penalties and stiff fines, forfeit their right to counsel. You are entitled to have an attorney present even during questioning if you ask and you always have a right to remain silent. Feeling guilty and pleading guilty are worlds apart. You need a lawyer’s advice and counsel for your Jefferson, Alabama DUI charge.

The attorneys at Kreps Law Firm, LLC, handle hundreds of Alabama driving under the influence (DUI) , Draeger breath test cases, failed Field Sobriety test charges, Speeding Tickets, and drug cases each and every year. Our trained, experienced, aggressive driving under the influence (DUI) traffic violation defense law attorneys will protect your driving privileges and help to keep your insurance rates low and your record clean.

Call us today at (888) KREPSLAW, or visit us at: www.Alabama-DUI-defense.com or www.AlabamaTrafficTicketAttorney.com.

Friday, January 23, 2009

Jefferson County, Alabama DUI Drunk Driving Field Sobriety Attorney. Call Kreps Law Firm, LLC Today at 888-KREPSLAW (888-573-7752)


Conviction for Jefferson County, Alabama driving under the influence carries serious consequences and can cost a lot of money and disruption of your life. If you are convicted in Jefferson County, Alabama, the court will notify the Department of Public Safety and then suspend your driving privileges. You will lose your driver’s license. Sentences may include jail time up to 1 year even for a 1st offense and extended probation and community service and heavy fines up to $10,100.00. DUI offenders typically must attend demanding classes and compete extensive counseling. Your trip to Court to plead guilty in Jefferson County, Alabama may take a few hours, but the consequences will last for years or even a lifetime.

Of course, a DUI on your record raises your insurance rates—often as much as 50%. Many insurance companies will decline your coverage after a Jefferson County, Alabama DUI conviction. And a DUI on your record may keep you from a promotion or a new job, because it will appear in your background check.

Studies show that people who represent themselves in court receive considerably tougher sentences than those who retain attorneys. Don’t risk it. An experienced, aggressive Jefferson County, Alabama DUI defense attorney can protect your rights and shield you from undeserved punishment.

The attorneys at Kreps Law Firm, LLC, handle hundreds of Alabama driving under the influence (DUI) , Draeger breath test cases, failed Field Sobriety test charges, Speeding Tickets, and drug cases each and every year. Our trained, experienced, aggressive driving under the influence (DUI) traffic violation defense law attorneys will protect your driving privileges and help to keep your insurance rates low and your record clean.

Call us today at (888) KREPSLAW, or visit us at: www.Alabama-DUI-defense.com or www.AlabamaTrafficTicketAttorney.com.

Tuesday, January 6, 2009

Jefferson, Alabama Drunk Driving DUI Laws Violation and Penalties. Call (866) 348-2889


Having a DUI charge pending in Alabama can be tough. That's why you need the experienced and aggressive DUI defense attorneys at Kreps Law Firm, LLC. Visit our Alabama DUI defense website at www.Alabama-DUI-Defense.com for more information.

In Alabama, after your arrest you only have 10 days in which to request an administrative hearing to save your driver’s license. Call us today so that you do not let time elapse and miss your opportunity to challenge your administrative license suspension. If the 10 days has passed in your case, call us now to discuss your options at 866-348-2889.

Below you will find a copy of the DUI statute in Alabama 32-5A-191. As you can see, even on a first DUI your fine can be up to $2100 and you can spend up to 1 year in jail. In addition, the Alabama legislature will consider a bill in February 2009 in which to make these DUI laws in Alabama much tougher. Call us today at 866-348-2889 to discuss your case or visit our website at www.WinYourAlabamaDUI.com. Code of Ala. § 32-5A-191(2008)
§ 32-5A-191. Driving under the influence.

(a) A person shall not drive or be in actual physical control of any vehicle while:

(1) There is 0.08 percent or more by weight of alcohol in his or her blood;

(2) Under the influence of alcohol;

(3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving;

(4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or

(5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving.

(b) A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is .02 percentage or more by weight of alcohol in his or her blood. The Department of Public Safety shall suspend or revoke the driver's license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection. Notwithstanding the foregoing, upon the first violation of this subsection by a person whose blood alcohol level is between .02 and .08, the person's driver's license or driving privilege shall be suspended for a period of 30 days in lieu of any penalties provided in subsection (e) of this section and there shall be no disclosure, other than to courts, law enforcement agencies, and the person's employer, by any entity or person of any information, documents, or records relating to the person's arrest, conviction, or adjudication of or finding of delinquency based on this subsection.

All persons, except as otherwise provided in this subsection for a first offense, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection shall be fined pursuant to this section, notwithstanding any other law to the contrary, and the person shall also be required to attend and complete a DUI or substance abuse court referral program in accordance with subsection (i).

(c) (1) A school bus or day care driver shall not drive or be in actual physical control of any vehicle while in performance of his or her duties if there is greater than .02 percentage by weight of alcohol in his or her blood. A person convicted pursuant to this subsection shall be subject to the penalties provided by this section except that on the first conviction the Director of Public Safety shall suspend the driving privilege or driver's license for a period of one year.

(2) A person shall not drive or be in actual physical control of a commercial motor vehicle as defined in 49 CFR Part 390.5 of the Federal Motor Carrier Safety Regulations as adopted pursuant to Section 32-9A-2, if there is .04 percentage or greater by weight of alcohol in his or her blood. Notwithstanding the other provisions of this section, the commercial driver's license or commercial driving privilege of a person convicted of violating this subdivision shall be suspended for the period provided in accordance with 49 CFR Part 383.51 or 49 CFR Part 391.15, as applicable, and the person's regular driver's license or privilege to drive a regular motor vehicle shall be governed by the remainder of this section if the person is guilty of a violation of another provision of this section.

(d) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a controlled substance shall not constitute a defense against any charge of violating this section.

(e) Upon first conviction, a person violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a fine and imprisonment. In addition, on a first conviction, the Director of Public Safety shall suspend the driving privilege or driver's license of the person convicted for a period of 90 days.

(f) On a second conviction within a five-year period, a person convicted of violating this section shall be punished by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor in the county or municipal jail for not more than one year. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days. In addition the Director of Public Safety shall revoke the driving privileges or driver's license of the person convicted for a period of one year.

(g) On a third conviction, a person convicted of violating this section shall be punished by a fine of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not less than 60 days nor more than one year, to include a minimum of 60 days which shall be served in the county or municipal jail and cannot be probated or suspended. In addition, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of three years.

(h) On a fourth or subsequent conviction, a person convicted of violating this section shall be guilty of a Class C felony and punished by a fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment of not less than one year and one day nor more than 10 years. Any term of imprisonment may include hard labor for the county or state, and where imprisonment does not exceed three years confinement may be in the county jail. Where imprisonment does not exceed one year and one day, confinement shall be in the county jail. The minimum sentence shall include a term of imprisonment for at least one year and one day, provided, however, that there shall be a minimum mandatory sentence of 10 days which shall be served in the county jail. The remainder of the sentence may be suspended or probated, but only if as a condition of probation the defendant enrolls and successfully completes a state certified chemical dependency program recommended by the court referral officer and approved by the sentencing court. Where probation is granted, the sentencing court may, in its discretion, and where monitoring equipment is available, place the defendant on house arrest under electronic surveillance during the probationary term. In addition to the other penalties authorized, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of five years.