Lessen your chances of getting pulled over for DUI


It is Labor Day weekend and it is the last opportunity for most people to enjoy a long weekend before the winter.  People are going to pack the highways and the police are going to be out in full force and arresting people for DUI.  The last thing that you want is to be pulled over for DUI.  The best way to avoid a DUI is to not drink and drive.  However, there are other things that you can do to lessen your chances of being pulled over for a DUI. 

 There are obvious DUI signs that a police officer looks for in DUI situations.  Some DUI signs that may lead an officer to suspect a person of a DUI are: the car is weaving, inability to stay within lanes, car accident, failing to obey traffic lights and just driving poorly. 

 However, even if the DUI suspect is driving properly, the DUI suspect may still be pulled over for civil violations.  When the officer approaches the DUI suspect and smells alcohol, the officer may start their DUI investigation.  A person can be pulled over for many civil violations that may lead to a DUI investigation.  Some common violations are rejected inspection stickers, improper window tint and excessive sounds from the car or mufflers. 

In short, it is important not to draw any attention to yourself because your car is not in good working order.  Before you go out make sure that your car is not going to draw unwanted attention from the police.  If you have an expired inspection sticker then don’t drive the car.  Because if you been drinking and get pulled over for a civil violation, it could end up with you being charged with a DUI. 

 To find out more information regarding the different DUI offenses, you can visit the DUI index.  http://www.attorneychan.com/dui/index.html

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Advertisements

DUI Lifetime look back rule


The penalties for DUI offenses have become more serious over the years.  Essentially, in order for the Commonwealth to figure out what number DUI offense a DUI offender should be charged with, the state “looks back” at the DUI offender’s record.  Since 2002, the DUI rules of “looking back” at a person’s DUI record have changed making the punishments for DUI more severe. 

 The DUI rules prior to 2002 would only look at the DUI offender’s to see if the DUI offender had any DUI’s for the last ten years.  Now for the purposes of counting DUI offenses, the DUI laws counts CWOFs and convictions the same way. (To learn more about CWOFS https://attorneychan.wordpress.com/?s=cwof Under the DUI ten year look back rule, the state would look at the DUI offender’s record and only count DUI offenses that occurred in the last ten years.  So for example, under the old DUI rules, a 50 year old DUI offender has one DUI on his record when he was 25.  Under the old DUI rules, the DUI offender would be charged with a DUI first offense. 

After 2002, the DUI rules no longer just “look back” ten years in the DUI offender’s record.  Now, no matter how much time has lapsed, all the DUIs on a person’s record are counted.  So back to our example of the 50 year old DUI offender with one DUI on his record when he was 25. Under the new DUI rules, the DUI offender would be charged with a DUI second offense. 

This change in the DUI rules is very significant because the penalties for DUI become more severe depending on the number of the DUI offense.  To find out more information regarding the different DUI offenses, you can visit the DUI index.  http://www.attorneychan.com/dui/index.html

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Tough not to get caught-crimes that weren’t so smart. Part IV


As if the exploding dye packet story wasn’t enough, this story will really make you think and scratch your head.  Saving the best for last, here is the fourth and final story.  

 Story number 4: Going to get my drugs back

The story starts with a pretty common situation.  The police arrest 3 individuals for having a large amount of marijuana at that place.  The three individuals and the marijuana are brought down to the police station.

 A friend of the 3 people arrested comes down to the station to bail them out.  The friend who is trying to bail out the three people arrested starts arguing with the police.  The friend angrily tells the police that the marijuana belongs to him and that he wants it back. 

 The police ask the friend several questions regarding the drugs.  The friend tells the police where the marijuana was placed in the house and how it was packaged.  At the end of the conversation, the friend was placed into custody.  It is hard to believe that this would ever happen, but it does.  So there it is four unbelievable yet true stories.  Until next time when I come across more, or when I remember those I have forgotten. 

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Tough not to get caught-crimes that weren’t so smart. Part III


 Last week’s story was about a bank robber that didn’t take traffic into consideration to say the least. This week’s bank robber story gets caught because of an explosive situation.

Story number 3: heated argument leads to exploding dye packs A bank robber goes into a bank and demands money from the teller. The teller hands the suspect several stacks of money, with one of the stacks containing an exploding dye packet. The suspect takes the money and leaves. Unlike the story from last week, this suspect was wearing disguise and the police is having a difficult time to identify the suspect. The bank tellers didn’t get a good look at the suspect and reviewing the cameras don’t lead to a better description.

Everything is looking pretty good for the suspect so far as he really hasn’t given to police too much to work with. The suspect has a girlfriend and about a week later they are together. During this time, the suspect has used some of his stolen money, but hasn’t used any money from the stack that contains the dye pack.

The suspect’s girlfriend wants to go to the bank, so the suspect drives her and is planning to wait for her in the car. The suspect and his girlfriend arrive at the bank and park in the lot. While in the parking lot the suspect and his girlfriend get into an argument about money. The girlfriend has no idea that the suspect has robbed a bank. However, she does know that the suspect has some money in the bag in the back seat.

The argument escalates and the girlfriend runs out of the car and decides to bring the bag of money with her. The suspect knowing that the money is stolen, quickly runs after her. Both of them start fighting over the bag while they are inside the bank. As they tug at the bag and money the dye packet suddenly explodes. They are both arrested by the police and the girlfriend is later released.

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Tough not to get caught-crimes that weren’t so smart. Part II


Last week’s story was about a breaking and entering that wasn’t planned out very well to say the least.  It’s difficult to imagine that this week’s story could top last week’s.  Remember that the suspect from last week left fingerprints and blood at the scene and then tried to cash in numbered scratch tickets.  Before you rush to judgment, just wait to hear what this next person did. 

 Story number 2: Traffic anyone? 

A suspect decides to rob a bank downtown Boston late Friday afternoon.  He goes into the bank without a hat, sunglasses, or any type of disguise.  The bank has a main entrance and a side entrance.  The suspect has a getaway car and driver waiting at the side entrance.  As a result, the suspect wants to wait for the bank window that is closest to the side entrance.

 The problem starts with the fact that there aren’t too many people waiting in line.  There are several windows open and several bank tellers are asking the suspect if he needs help with anything.  The suspect is persistent in his desire to wait for that one bank teller closest to the side door.  The suspect ends up waiting for the bank teller closest to the side door for up to 10 minutes.  This gives the other bank workers ample opportunity to look at the suspect.  If that isn’t enough, the cameras are recording him this entire time. 

 Finally, the suspect goes up to his desired window and hands the bank teller a note demanding money.  The bank teller calmly hands over the money and the suspect flees out the side door.  With all the information the police probably would have caught the person sooner or later, but this is when the situation makes a turn for the worse. 

 Not really planning out his getaway route, the suspect takes 93 South for his escape.  Now anyone that works in Boston knows that 93 South on a late Friday afternoon is similar to a parking lot.  The police find out that the suspect fled onto 93 South, get onto 93 South, put on their lights and gently weave through traffic.  The suspect is found stuck in traffic not more than 3 exits away from downtown. 

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Tough not to get caught-crimes that weren’t so smart. Part I


During my travels you hear a lot of silly stories.  First, I didn’t represent any of these people.  Second, these stories are much better than my imagination can provide.  And finally, if you ever find yourself wanting to violate the law, please reconsider.  Over the next several weeks, I have four crime stories that will make you scratch your head.

Story number 1: Trying to hit the lottery

A suspect breaks the window of a liquor store.  The suspect probably didn’t think about the situation too clearly because blood is found on the window sill.  Either the person cut his or her hand on the window while breaking it, or the broken glass cut the suspect on the way in.  The suspect didn’t wear gloves leaving DNA and finger prints everywhere.

Once inside, the suspect looks for valuable items to take.  The suspect takes some alcohol and rummages through an empty cash register.  Finally, the suspect comes up with a great idea of taking scratch tickets and lottery tickets.  The problem is that the tickets are numbered and once they are cashed in, the police will know what store cashed the winning tickets.  Moreover, most convenience stores will have cameras.

When the person cashed the winning tickets the police had his face on tape.  In the end, the fingerprints were enough to track the person down, but the police were able to retrieve the tape from the store that cashed the scratch ticket.  The suspect gave the police plenty of evidence to find and to later prosecute him.  This definitely wasn’t one of the best thought out crimes.  If you think this story is silly, just wait as the stories get progressively worse.

 

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Owing the court money or community service could land you in jail


People don’t like court.  Most people want to get their criminal cases done as soon as possible.  As a result, many people are not paying attention to the judge.  Unfortunately, the clerk will reduce into writing the judge’s orders onto the docket (court’s paperwork). 

 A lot of pleas end up in court fines or community service.  Usually, the judge will allow a certain amount of time for the court fines to be paid or community service to be completed.  If the money or community service is paid by a certain date, the defendant usually doesn’t need to show up to court.  However, if the money isn’t paid or community service isn’t completed, the person needs to show up to court to address the situation. 

 If a person fails to show up to court to address the failure to pay or completion of community service, a warrant will be issued for the person’s arrest.  To add to the person’s problems, the court adds extra fees for removing a warrant. 

 Usually, a person won’t be sent to jail for failure to pay court fees or completing community service.  Most judges will give the person another chance to make good on their promise.  However, if the fines or community service have lagged in the court system for some time, judges have locked up people.  If a person is locked up for failure to pay a court fine, the person will usually get credit for about $30 a day.  Meaning if a person owes a $300 fine, the person would be sitting in jail for 10 days.  So the next time you owe the court a fine or community service, make sure you get it done or else you could end up in jail one day. 

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Disgusting drug stories, don’t get into them or it may lead you to one of these places


We have all heard it before, drugs are bad.  Well, it isn’t easy for most people to grasp exactly how bad they really are.  I am not here to preach, but here are a few gross drug user stories I have come across my travels.

I have always found it odd how people can insert a needle into their arm while using heroin.  Seeing that most people are afraid of needles, how can someone constantly volunteer their arm to that torture?  From my travels I have heard that heroin is usually the drug of last resort.

It runs cheaper than other drugs and works quicker.  However, the downsides are huge.  The using of unclean and shared needles have many people contracting different diseases.  A lot of drug users will have hepatitis, HIV, and other horrible diseases.  In one of the worse cases I have seen, a girl had sores all over her body including her face.  Everyday, the sores would bleed and she would look like a bloody pulp.

I hear that Meth users take the drug and rub it across their gums.  As the drug comes in contact with the gum line, it starts rotting the teeth out from the roots.  As a result, a meth user’s teeth will fall out.

Finally, heroin is truly a horrible drug.  Aside from the diseases and bloody sores that come from that, some users will do anything to continue their habit.  One probation officer said that many users will go to extremes to hide their habits from authorities.  Many people will insert the needle between their toes to hide the marks that the needles make.  Females have been known to stick the needle underneath their finger nails then put on nail polish.  Finally, one of the worst stories I have heard, is that of a man who inserted heroin into his own male body part because that was the only good vein left on his body.

As I have heard one person say, the best thing is to never try drugs.  You may like it too much that one time and it may be impossible to stop.

Interes9ted twitter followers please visit- twitter: http://twitter.com/AttorneyChan

 

Interested in becoming a Facebook fan please visit http://www.facebook.com/home.php#/pages/Boston-MA/Law-offices-of-Attorney-Jason-Chan/101494423854?ref=sgm

For more information:

http://www.drugabuse.gov/infofacts/treatmeth.html

http://www.adcare.com/

http://www.theagapecenter.com/Treatment-Centers/Massachusetts.htm

http://www.recoveryconnection.org/find_drug_rehab/Massachusetts.php

http://www.treatment-centers.net/treatment-directory/massachusetts.html



For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

A dollar makes all the difference


As the economy is getting worse, theft rates are going up.  That shouldn’t be much of a surprise to anyone, but did you know that the cost of the item by a dollar can make a world of difference? 

 In a Massachusetts larceny case, the Commonwealth represented by the prosecutor needs to prove three things.  First, the defendant took and carried away property.  Second, the property was owned by someone else.  And finally, the defendant intended to take and keep the item. 

 Now, the cost of the item is very important when it comes to being the defendant.  If the item taken is worth$250 or more, then a person can be charged with larceny over $250.  If the item is worth $249 or under, then the person is usually charged with larceny under $250. 

 Larceny over $250 is a felony, while the charge of larceny under $250 is considered a misdemeanor.  The burden is on the prosecutor to prove that the item is worth $250 or more. 

 It seems very silly that there is such a difference in the law and potential penalties based on a single dollar.  When the statutes were drafted $250 was a lot of money.  Perhaps the legislature at the time felt as though anyone taking anything worth that much money should be considered a felon.  The reality today is that most people have items that are worth over $250 on their persons.  Most cell phones, Ipods and definitely computers are well over that threshold.  Sometimes one dollar does make all the difference. 

 Interes9ted twitter followers please visit- twitter: http://twitter.com/AttorneyChan

 Interested in becoming a Facebook fan please visit http://www.facebook.com/home.php#/pages/Boston-MA/Law-offices-of-Attorney-Jason-Chan/101494423854?ref=sgm

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!

Tis the season to be road blocks


Summer is here and the weather is going to be great. The Fourth of July makes a wonderful long weekend for everyone. As you go to cookouts and barbecues this weekend, alcohol is a staple for celebration. Just keep in mind that police are out in full force and be prepared for road blocks.

When road blocks are set up, police usually come out in full force. You will usually see several police officers with their flashing cruisers at a road block. The officers at the start of the road block stop traffic and make sure cars are going into the road block in an orderly fashion. These officers also look out for any cars that are trying to turn around and escape detection. If these officers see anyone trying to run, they will usually call for an officer that is sitting in a cruiser to chase the fleeing vehicle.

Other officers stop cars at random, usually every 4th or 5th car and talk to the operator. If the officer stopping cars detect that the operator may be over the limit, the officer then waives the suspected driver to an area for further testing. Cars sent to further testing will find other officers that will ask the suspect several questions and perform field sobriety tests. Finally, there are usually many other police officers assisting in arresting people and securing the area.

If you do see a road block don’t run. By the time you see the road block, the officer in the front of the set up will have seen you. If you run, a cruiser would be sent to stop you. Also let’s face it, if you believe you are under the influence, running away will only make the situation more dangerous. So enjoy your Fourth, but be mindful of those road blocks. Just in case, you may want to put my number in your phone 508-808-8902.

Interes9ted twitter followers please visit- twitter: http://twitter.com/AttorneyChan

Interested in becoming a Facebook fan please visit http://www.facebook.com/home.php#/pages/Boston-MA/Law-offices-of-Attorney-Jason-Chan/101494423854?ref=sgm

For more information:

http://www.eagletribune.com/local/x546151264/Police-roadblocks-legal-but-some-question-effectiveness

http://www.patriotledger.com/news/cops_and_courts/x1880507907/Memorial-Day-roadblocks

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

Like This!