The four admitted their guilt and supplied law enforcement with information related to other Alabama drug dealers, prompting Assistant U.S. Attorney Gloria Bedwell to recommend a lighter sentence. The recommendation was crucial; without it, Senior U.S. District Judge Charles Butler Jr. would not have been able to grant the reduced sentences.

The reduced sentences range from 16 years and eight months for Michael Nelson to five years for Daniel Ray Langley. These may be contrasted with the mandatory-minimum sentences to which the group would have been subject. Those guidelines would have called for prison terms of up to 20 years.

The Press-Register’s report can be found here.

A similar bill is under consideration in the State Senate.

Speaker of the House Mike Hubbard seemed confident that the bill would pass. “Of course, we’re for less government and trying to streamline government, but we also have an obligation to take care of the safety of the citizens of Alabama, and this is such a dangerous practice,” he said.

Texting while driving is banned in 35 other states. Under the broader rubric of “distracted driving,” it has become a source of major concern for safety advocates and lawmakers alike.

Critics of the ban note the inherent subjectivity involved in a law enforcement officer’s decision to initiate a traffic stop on the basis of the appearance of text messaging.

“It’s just so subjective as to whether someone is actually texting,” Senator Bobby Singleton said. “We have all these kinds of smartphones that can do a lot more than text.”

The Birmingham News’s report can be found here.

The House and Senate bills follow a general trend towards harsher punishments for those convicted of impaired (or, in this case, distracted) driving. Of course, it remains to be seen how such regulations will play out in real-world situations.

Before today my client had been arrested and convicted of two DUIs, which would make today’s appearance his third DUI.  Generally, a person convicted of two DUIs faces a minimum of 60 days in jail on the third DUI.  I informed my client of this at our initial meeting and also explained why it is so important to hire a skilled and knowledgeable attorney.

Unfortunately, for my client, the city’s case was pretty strong and we were facing an uphill fight to avoid the conviction.  However, after reviewing the prosecutor’s evidence and evaluating my client’s case we were able to negotiate a plea deal.  The city prosecutor was not able to introduce the prior two convictions, which opened up a window of hope for my client.  My client accepted a deal, which included zero jail time and the minimum fine.

That is why my client needed a DUI lawyer.  If he went in on his own he would not have known how to maneuver through the legal system and point out the chinks in the prosecution’s case.  Because he made the smart decision to hire a knowledgeable and aggressive attorney he avoided “mandatory” jail time and saved thousands of dollars in potential fines.

If you have prior DUIs and need help navigating Alabama’s legal system contact the Amari Law Firm at 205.655.8484.

I have attended close to 50 parole hearings, but I have never worked a case like the one today. My client, who is now 40 years old, committed a very serious crime when he was 17 years old.  He was sentenced to life in prison, but under our current system he is already eligible for parole.

What was so fascinating about this case was that the victim married my client five years after the crime.  Yes, you read that correctly, my client was tucked away in prison with a life sentence and the victim agreed to marry him. Shockingly, the marriage did not last.  The victim accused my client of being with another woman (remember that he was in prison during the entire marriage).

At the hearing today I introduced a letter written by the victim directed to my client.  The letter was very threatening and it was clear that the victim intended to do or say anything to keep my client in prison.

I try to always be very respectful to victims at these parole hearings, but in my opinion, when a victim marries the person who committed the crime, while he is in prison, all is forgiven.  Any objections to parole, after the marriage ended, sound more like the complaints of a jilted lover than fear of a true victim.

I you or a loved one have a parole hearing coming up, contact Johnny at the Amari Law Firm.

Lately, I have signed up a few new adult clients who were arrested and charged with DUI, but they blew under the legal limit of .08.  The first question they each asked me is, “why was I arrested if I did not blow .08 or higher?”  The answer is this…

In Alabama, the statute prohibits anyone from driving while he/she is under the influence of alcohol to a degree that renders him/her incapable of driving safely.  There are many factors the police and prosecution use when deciding if a person is under the influence to such a degree that they are rendered incapable of driving safely.  Blowing a .08 or higher creates a presumption that the person is intoxicated, but it does not necessarily mean that the person is guilty.

On the other hand, if a person blows under a .08, the prosecution still has the ability to bring the charge, but there is no presumption that the person is intoxicated.  Statistically, a person who blows over .07 is more likely of being convicted of DUI than a person who blows under .08.  It’s actually not even close, a skilled and competent DUI attorney should be able to use a reading of .07 or lower to fight the charge and keep the DUI off of the defendant’s record.

For more information on a DUI charge under .08 contact the Amari Law Firm.

It is the sentence usually given by Self in first-offense DUI cases.

“Chief Logan,” Self remarked at sentencing, “I have never sentenced a police chief for DUI. You can be assured I’m not going to treat you any differently or any harsher because of your position.”

Logan was arrested for DUI in 2009 after crashing his personal vehicle into a mailbox and his state-issued police cruiser outside his Florence home. He was initially convicted of DUI in March 2010. An appeal was resolved in mid-January. The conviction was upheld.

Logan’s defense team argued that Logan had been singled out unfairly based on his position within law enforcement.

Prosecutors were satisfied with the sentence. Brandon Hughes, a traffic enforcement prosecutor for the State of Alabama, agreed that Logan should not be given an especially harsh punishment because of his job.

Logan’s future as police chief is not clear. He was suspended until March 2010. Until the appeals process is concluded, however, the City Council will not make any determinations regarding Logan’s position.

The Times Daily’s report can be found here.

The first law doubles the penalties for drivers who are “double drunk.” In Alabama, the legal limit for blood alcohol level is .08. If a driver’s blood alcohol level is .15, they are considered to be “double drunk.” Draeger, a medical technology company that manufactures breathalyzers and interlock devices, conducted a study between 2003 and 2007 measuring blood alcohol levels in drunk drivers. The average person tested had a blood alcohol level of .137, and 41 percent of those tested were above the “double drunk” level. Clearly, this law will impact a large portion of the drivers convicted of a DUI in Alabama.

Bentley passed the Alabama Ignition Interlock Law as well, which requires certain convicted drunk drivers to “blow before they go,” using an ignition interlock system on their vehicle. Previously, Alabama was the only state in the U.S. without such a law. With the interlock device, if the driver blows a blood alcohol level of .02 or higher, the vehicle won’t start.

There are five ways you can be forced to install the system:
1. If you blow a .15 or greater
2. If you are driving with someone under 14 years old
3. If someone is injured because of your driving
4. If it’s your second DUI in 5 years
5. If you refuse to submit to a breathalyzer

For more on this story, click here.

More tornadoes came on January 23, 2012. This time they struck closer to home. My wife and I went to neighborhoods throughout Clay, which were less than five miles from our home. This time I was able to help families dig through the rubble looking for anything of value they could salvage. Photographs and documents were suddenly more valuable than anything you can buy at a store. This time I wasn’t looking at the destruction online or on the television. I could hear the sound of glass breaking as I walked over a window frame and hear the cries of families as they tried to make sense of it all.

This time it was familiar faces who lost their homes and possessions. When you observe destruction over the internet or on the television it is tragic, but it’s difficult to feel. When you are in the presence of destruction and you look into the eyes of someone you know and care about it is truly heartbreaking. All of a sudden it’s easy to feel. Yesterday I felt sadness for what they lost, but happiness that the people I care about are still here.

The accident occurred on Greensboro Avenue at approximately 11:30 Friday night. McKinstry called the police himself to report the incident.

At the time of the accident, McKinstry was charged with first-degree assault and DUI. According to officers at the scene, McKinstry smelled strongly of alcohol. He also failed a field sobriety test.

The murder charge was added after Patton, who had sustained serious head injuries as well as internal damage, died on Sunday.

The al.com report can be found here.

In DUI arrests involving an accident, injuries could increase the severity of any criminal charges filed against the driver.

It is not clear whether McKinstry’s blood-alcohol level exceeded .15; however, crossing that threshold would double any fines he may be assessed.

It is also not clear whether McKinstry has any prior DUI convictions. If so, he may face additional penalties under Alabama law.

In instances such as this, the services of an experienced DUI attorney are crucial in ensuring that your legal rights are protected.

Many parents don’t realize that in Alabama, it is unlawful for a minor to have a blood alcohol content above .02.  Half a beer would essentially put a minor over the legal limit. Currently, I am representing a minor who had the misfortune of blowing a .07, which is under the legal limit for adults, but over for minors.  In this case, the police officer actually told me that he didn’t think my client was too drunk to drive and that he would have let him go if he were 21 or older.

A minor driving with a blood alcohol content above .02 will be charged with DUI.
I’ve heard all the old arguments, such as, “I can be sent to fight a war, but can’t have a beer,” or “I’m old enough to vote, but not old enough to buy a glass of wine.”  I understand these arguments and the frustrations of minors, but the bitter truth is that it is still against the law for a minor to have a drink and it is still against the law for a minor to drive after having a drink.

The good news for these minors is that there are several options available for them to protect their criminal record and for them to keep their driver’s license.  A skilled and experienced lawyer will help them navigate through the legal process and minimize the damage.

For more information on the DUI law for minors and youthful offenders contact the Amari Law Firm.