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            Monday, December 11, 2017

            What Are The Different Types Of Driving Under The Influence Charges In Queens?

            Getting your first DUI is one of the scariest things that you will ever encounter. Fighting a DUI charge is not easy. New York has some of the harshest penalties of any state for driving while intoxicated. There are various types of DUI charges that a person can be charged with.

            If you are found driving while intoxicated in New York, it is possible for the jurisdiction to suspend your license, put you in jail and impose stiff fines. New York defines driving while intoxicated by doing a (or BAC). There are different types of DWI classifications depending on what type of motor vehicle you are driving:

            The different types of BAC levels are:

            ● 0.08% for those who are over the age of 21
            ● 0.04% if you are driving a commercial vehicle
            ● 0.02% if you are under the age of 21

            Additional alcohol and drug crimes

            Depending on the BAC test results you might face other criminal charges, such as:

            ● DWAI/Alcohol is the term that is used when you are driving while ability impaired and are under the influence of alcohol
            ● DWAI/Drugs is the term that is used when you are driving while ability impaired not by alcohol but by some other drug
            ● DWAI/Combination is the term that is used when you are driving while ability impaired by both drugs and alcohol
            ● Aggravated DWI (A-DWI) is the term that is used when you are being charged with aggravated driving, and you have a BAC of 0.18% or more

            Penalties that can be imposed for excessive alcohol concentrations or the combination of drugs are related to criminal prosecution. If you refuse to submit to a test for chemicals or you break ,” then you can face harsher criminal charges.

            The type of DWI that you are charged with depends on many factors, including:

            ● Your age
            ● The substance that you took which impaired you (alcohol, drugs or the combination of both)
            ● What type of driver’s license you hold (special license like a CDL, or just a regular passenger license)
            ● If you were willing to submit to a drug or chemical test

            DWI for those who are under the age of 21

            If you are less than 21 years of age and you are found with anything higher than a 0.02% BAC, then you have already broken what New York calls the “Zero Tolerance Law.”

            If it is your first offense then you might face:

            ● A suspended license for six months
            ● A $125 civil penalty
            ● A $100 fee to have your suspension terminated
            ● Mandatory enrollment into the New York Drinking Driver Program and all the costs that are associated with the program
            ● The potential to have an ignition interlock device installed in your vehicle and all the costs surrounding installation and use

            If it is your second offense, then you might face:

            ● A revoked license for an entire year (or until you turn 21)
            ● A $125 civil penalty
            ● A $100 termination of suspended license fee
            ● Mandatory enrollment in the New York Drinking Driver Program and all the costs that are associated with the program
            ● The potential to have an ignition interlock device installed in your vehicle and all the costs surrounding installation and use

            DWI Penalties for those who are over 21

            If it is your first offense:

            ● Your license suspected for 90 days
            ● A $300-500 fine
            ● A minimum of $250 annual assessment fine, which totals over $750 in fines over a three-year period, which is a part of New York’s Driver Responsibility Program
            ● Up to 15 days in jail
            ● Mandatory enrollment in the New York Drinking Driver Program and all the costs that are associated with the program

            If it is your second offense:

            If you receive a second DWI charge within five years of your first offense, you might be subjected to:

            ● Having your license revoked for up to six months
            ● A $500-700 fine
            ● A minimum of $250 annual assessment fine, which totals over $750 in fines over a three-year period, which is a part of New York’s Driver Responsibility Program
            ● Up to 30 days in jail
            ● Mandatory enrollment in the New York Drinking Driver Program and all the costs that are associated with the program

            There are many different classifications for drinking and driving in Queens. If you are being charged with any type of DWI offense, it is imperative to have a on your side to try to minimize your charges or have them dismissed altogether.

            What Are The Different Types Of Sex Crimes?

            A sex crime is not just one single type of crime; there are many criminal offenses that can be encompassed under the “sex crimes” category. Most of them involve the coercion or illegal sexual acts of one person against another. Sex crimes are determined at the state level, meaning they are classified by the state in which the offense was committed. Every state makes laws about the definitions of things like “rape” or “sexual assault, ” and they have varying time limits, also known as statutes of limitations, which define how long an individual has to file a lawsuit. Below are the different types of sexual crimes and their various definitions.

            Indecent Exposure

            Indecent exposure is a sex crime where an individual breaks the law by showing their genitals in public. Most states have laws making it illegal to show your genitals in public because, in most instances, it is a way that sex offenders either get sexual gratification or try to get a sexual response from those around them. Because it is not only alarming but offensive, indecent exposure laws vary by state, but in general, exposing yourself in public is a crime in almost every state.

            Prostitution

            
Prostitution is another category that falls under sex crimes in many states. Prostitution is defined by offering sexual acts in exchange for any type of payment. It is not only illegal for someone to offer sexual acts for payment; it is illegal in most states for someone to hire another individual for sexual acts. Currently, prostitution is illegal in every state with the exception of Nevada. But even in Nevada, it is heavily regulated. Prostitution does not always mean payment in the form of money; there are all sorts of ways that “payment” can be defined.

            Rape

            Rape is defined differently according to state laws, but it generally refers to someone having non-consensual sexual intercourse under physical force or the threat of physical force, and sometimes even under duress. Common-law rape is an act of rape that is forced upon a woman by a man who is not her husband. But many states have overridden the “common-law” definition of rape, including the wording in the laws and other specifics related to “consent.”

            Sexual assault

            Sexual assault is usually defined as an offense that involves an unwanted sexual touch. Ranging in severity from groping to rape, each state deals with sexual assault differently and with varying elements of wording and legal definitions. Sexual assault is a much more difficult crime to prove for a plaintiff. Because sexual intercourse is not a part of the definition, proving that someone touched you inappropriately can be very problematic.

            Solicitation

            because it involves anyone either encouraging, demanding, or requesting that someone engage in an illegal act through criminal conduct. In most states, solicitation is tied to prostitution because it is the illegal act of trying to engage someone in a criminal sexual act. There are all sorts of variations of solicitation laws according to the state where the offenses occur. In general, though, it is the communication of a request for a person to engage in a criminal act, typically related to a sexual act.

            Statutory Rape

            when you have sex with a minor child who is not old enough to give legal consent. Each state has an “age of consent,” which is the age at which someone is considered capable of giving informed consent to have sexual intercourse. If someone engages in sexual intercourse or sexual acts with someone who is not of the legal age of consent, that is a clear violation of the law, and it can affect someone for the rest of their life.

            Statutory rape is also determined differently by varying states, as is the way that the cases are prosecuted. Some states have laws that punish statutory offenses in the same manner as rape, while others are punished by a lesser degree of sexual assault.

            
Sex crimes are a type of crime that involve sexual acts through coercion. Sex crime laws were created to protect innocent victims from being assaulted or being forced to commit sexual acts against their will. Both men and women can be accused of sex crimes and on varying levels according to the state where they live. Because having a sex crime on your criminal record can severely limit your future, if you should be accused of one, it is imperative that you seek the counsel of a who specializes in sex crimes.

            I Have A Podcast Now. Go Check It Out!

            I know some of you are wondering where I went, or better yet, why there's 4 new posts here today in the midst of the typical cavalcade of ads. Well, you'll be happy to know that I'm gonna try (keyword: try) to revive the blog, and I've also got a podcast that I started with the homies UppityNegro and RiPPa, both of whom have contributed to the blog in the past.

            It's called Three Brothers And A Mic, and if I must say so myself, it's pretty darn good. You can catch it on and. Subscribe, leave comments, and hit us up.

            What Is The Zero Tolerance Law For DUI?

            Everyone has a different threshold when it comes to drinking and feeling intoxicated. Some feel tipsy after one drink, while others can drink three or four glasses and feel no effect at all. For DUI, there is a legal blood alcohol concentration limit: if you take a breathalyzer test and your BAC is higher than 0.08%, you are automatically considered over the legal drinking threshold and legally “impaired.”

            Every state in America has laws about underage drinking. You have to be over the age of 21 to legally drink. When it comes to teens drinking and driving, the laws are stricter. There are different standards about when a teenager - or anyone under the age of 21 - is considered legally intoxicated. These zero tolerance laws are in place to punish kids who drink and drive more harshly than those who are over the age of 21 and are drinking legally.

            make it illegal for anyone under the age of 21 to have any alcohol in their system when they get behind the wheel of a car. Zero tolerance means that if you have any alcohol in your system when tested - any from over 0.00 to 0.02%, depending on the state where you are pulled over - you are considered to be under the influence of alcohol, and you might be charged with a DUI. That means that just one harmless glass of wine at dinner can land anyone 21 with a DUI.

            Why are there zero tolerance laws?

            According to the , almost 1/3 of all fatalities in children ages 15 to 20 are the result of a car accident. Of those, nearly 35% of the deaths are attributed to alcohol and driving. These are staggering numbers: alcohol-related car accident fatalities are nearly twice as much for those under 21 as they are for those who are over the age of 21.

            In 1995, the National Highway Systems Designation Act required that states consider using 0.02% BAC levels for those who are under 21 and drinking. If the states did not comply, they would not be able to qualify for Federal Aid Highway Funds. Since that is a huge chunk of a state’s budget, all 50 states, plus the District of Columbia, have complied with these “per se offense” laws.

            
Per se offense laws mean that a police officer does not have to prove sobriety to find someone guilty of driving while under the influence of alcohol. If an individual’s BAC level is over 0.08% for anyone over the age of 21 and over 0.02% for those under 21, then they can be found guilty of DUI in a court of law without any other evidence needing to be present.

            When zero tolerance laws first went into effect in 12 of the 50 states, the NHTSA found that there was an automatic 20% reduction in deaths due to driving and alcohol at nighttime for those who were under the age of 21. What’s more, the biggest declines in fatal accidents occurred in those individuals whose BAC levels were 0.02% or less.

            What if you are accused of a zero tolerance offense?

            

If you are found to have a 0.02% or higher BAC, it doesn’t mean that you don’t have any defense against being convicted of a DUI. There are some defenses that an experienced lawyer can use to plead your case. Those can include arguing that the BAC test was not done correctly, that procedures were not followed, or even that the test itself wasn’t compliant with the laws of the state where you are being accused. If you want to ensure that you have a healthy defense, then finding a lawyer who specializes in DUI is your best option to fighting against the consequences that come with a , especially for kids under 21 who are being accused under zero tolerance laws.

            Friday, December 8, 2017

            Can a relationship survive after cheating?

            Can the infidelity-damaged relationship survive? The answer is yes – and no – and it all depends. A host of conditions, qualifications and cross-considerations are infused with the diverse realities of individual lives.

            Of course, the trick question is, "How do I know if the relationship is worth saving?" I find that most of my clients already know the answer before they come to my office. But we invest a lot in our relationships, and it's normal to want guidance on a decision as big as breaking up or staying with someone or if you are single you are able to . Here's the catch: I'm not so direct—my job is to steer the conversation and help the couple decide whatever is best for them. But you're not my client, so here's my advice:

            My first tip is to stop thinking about cheating in a and instead think of it as points on a spectrum, with flirting on one end and a full-blown, top-secret affair on the other.

            Then, ask your partner these questions: Why did you cheat? How did you decide to tell me or keep it secret? Would you make a different choice going forward? Why or how? What has changed?

            Although it might feel like a punch in the gut, try to understand exactly why and how the cheating happened. From there you can decide if it seems like it was a good person making a bad choice or a lost person likely to make a string of bad choices. Truly understanding what happened is also the only way to build back trust—which you're going to need if you decide to stay.

            Next, you have to ask yourself if this is something you can move past. That doesn't mean you have to forgive your partner or stop being angry. But it does mean you can't start treating him or her like crap as payback, because that's cutting off your nose to spite your face. It's not comfortable to be in a relationship where you're fighting all the time, regardless of whose "fault" it is.

            Moving forward also means taking a hard look at your relationship and, instead of blaming your partner, being willing to work on aspects that aren't so great. For some couples, cheating actually brings to the surface issues in the relationship that had been. So it's possible to build a stronger and better relationship after someone has cheated. Yup, I said it.

            If, after talking to your partner and being super honest with yourself, you decide to stay together, the next hurdle is telling any friends and family who know about the cheating. (If you didn't tell anyone, great—but you might want to see a therapist to sort out any lingering feelings so they don't set you off later.) This is where shame often kicks in—because we're told that strong people don't put up with cheating, it can be embarrassing to tell loved ones that you're sticking with it. But you know what, find strength in the fact that you're able to trust your own judgment and able to make a decision that is right for you. There is no shame in that.

            The problem with the statistics on cheating is that these are just numbers. They don’t tell the complicated story of each relationship and its struggles over time. The numbers don’t know if your partner cheated only once or many times, if he truly regrets cheating or feels no remorse at all, if you have children you want to protect from divorce and if both of you still love each other deeply. So…how can you know whether to trust your spouse again and give him another chance?
            There ARE ways to know.

            These are 3 Signs That You Can Survive an Affair and Regain Trust in Him Again:

            Sign #1 – He cut off all contact with the other woman
            If you really want to regain trust in your partner you need to know that his lover is completely out of the picture, even if it’s difficult because the lover is a coworker or a neighbor. If the lover attempts to make contact, your spouse should let you know and discuss what to do about it with you. From now on there must be a complete transparency in your relationship. If your spouse agrees to all of this – It’s a very good sign that you can trust him again and save your relationship.

            Sign #2 – He Shows Deep Regret
            If your partner takes responsibility and shows deep remorse, it’s a good sign that you can start the healing process of your relationship. In many cases the cheater “uses” infidelity as a way to escape and end the relationship. In these cases it probably means that he doesn’t want to save the relationship at all. He must show real pain and guilt about his actions and bad choices. If they don’t, you have to be careful, it might mean that he will do it again and you will end up on the “broken up” part of cheating statistics.

            Sign #3 – He Gives You All the Details
            If you were cheated on you probably have dozens of questions running around in your head constantly. You also have obsessive and disturbing images of him with the other woman – these alone can drive you crazy. In order to get rid of the negative thoughts and of the affair images you have to know all the details. Most of the time the affair images running in your mind are much worse than the real details of his affair. If your spouse answers your questions and shares the details with you – It’s a great step towards healing and a good sign that your relationship will survive cheating.

            How to Survive an Affair in Your Relationship
            The most important aspect in salvaging a relationship after an affair is to do it the Right Way. It’s very common to get sucked into a vicious circle of anger, depression, resentment and obsessive-negative thoughts. Though these feelings are very legitimate, they will stop you from healing your relationship and moving on to a better and happier one. Imagine what would happen in your relationship if you knew….

            How to erase the affair images from your mind
            How to regain your self-esteem and confidence
            How to talk about the details
            How to know if he will do it again
            Exactly what to do and say to save your relationship after an affair.