Criminal Defense Lawyer Birmingham Discusses Disorderly Conduct

One of the most common offenses in the state of Alabama is disorderly conduct. In Alabama, when someone has behavior that is offensive, disruptive, harmful, or disruptive to people’s enjoyment of a public space, they can be arrested for disorderly conduct.

While disorderly conduct may not be considered to be a serious crime, there are still penalties to pay if you’re arrested for disorderly conduct.

Many instances of disorderly conduct involve the use of alcohol or drugs, but the use of alcohol or drugs does not determine whether or not someone will be arrested for disorderly conduct.

Typical disorderly conduct behavior is fighting. What usually happens is that people who have a disagreement or have been drinking too much begin arguing, tempers begin to flare and fighting breaks out. This type of behavior can put people at risk of being injured, so it is taken seriously by law enforcement.

Another thing to keep in mind is that if you’re fighting, you may be charged with assault in addition to disorderly conduct.
Lesser known disorderly conduct activities would be playing music too loud in your vehicle and disturbing people with the loud volume or having loud music at a party that disturbs your neighbors.

In the state of Alabama all of the following behaviors would be considered to be disorderly conduct.
• Fighting or participating in tumultuous, threatening or violent behavior
• Making an unreasonable amount of noise
• Making obscene gestures or using abusive or obscene language in public
• Unlawfully disturbing people meeting together in a lawful assembly
• Obstructing traffic, including pedestrian traffic and motor vehicle traffic
• Refusing to comply with lawful police orders to disperse when part of a group in a public place

Disorderly conduct is considered to be a very minor offense, however, there are still legal consequences to deal with if you’ve been charged with disorderly conduct. While a disorderly conduct charge can be difficult to prove in court, you’ll still need an experienced Criminal Defense Lawyer Birmingham to represent you due to vagueness of the law.

In the state of Alabama, disorderly conduct is a Class C misdemeanor. There are two possible penalties for this type of offense. These penalties might be given together or separately as part of the punishment for the offense. You might have to pay a $500 fine or you may have to spend up to three months in jail. The exact circumstances of your arrest will determine how much you will actually pay in fines and whether or not you will serve any time in jail.

If you’ve been charged with Disorderly Conduct, it’s important that you speak to an experienced Criminal Defense Lawyer Birmingham to discuss your legal options immediately.

Our Criminal Defense Lawyer Birmingham offers a free, no-obligation consultation. Fill out our DUI Questionnaire before your appointment, which you can download by clicking here.

Birmingham Police Arrest Suspect for Alleged Assault on Detective

There are few crimes police take more seriously than assault on a police officer. However, we are not talking about a typical assault on a police officer charge, where an officer is hit by a suspect while trying to place handcuffs. Rather, we are talking about a deliberate and violent attack on a police officer.

According to a recent news report from WBRC, Birmingham police have confirmed the identification of a suspect and arrested him on a charge of attempted murder of a police officer.

In this case, the alleged victim was a Birmingham police detective. Continue Reading

Authorities Arrest Three in Alabama Home Invasion

Breaking into and entering another person’s home when the dwelling is occupied is legally considered a far more serious crime under the law than illegal entry when no one is home. Suspect may be just as surprised as the resident to find someone inside, but it doesn’t matter the intention. If someone is present, the potential charges is increased from a “burglary of a dwelling” to a “home invasion,” a much more serious offense.

In Alabama, a home invasion is legally referred to as “first-degree burglary.”

door1-300x199.jpgAccording to a recent news article from AL.com, authorities arrested three suspects in connection with an alleged home invasion in Etowah County, Alabama. The suspects are a 41-year-old man, his 39-year-old wife, and a 41-year-old female. They are all being held in the county detention center without bond. Continue Reading

Alabama Teacher Arrested for Allegedly Having Sex with Student

There is a societal stigma associated with any arrest. However, those associated with sex crimes are much more difficult to overcome.

Once a person is accused of rape or possession of child pornography, it becomes very difficult to lead a normal life and interact with others in the community, even when one is never actually convicted of a crime.

desperation.jpgAccording to a recent news article from the Daily Mail, a high school teacher in Tuscaloosa was recently arrested for having sexual conduct with a student. His arrest occurred after photos were posted online depicting suspect and a recently-graduated female student, according to authorities.

These pictures allegedly showed a graphic depiction of suspect and the underage student in a sexual relationship. It is believed complaining witness was a student at the time these pictures were taken, which was more than one year ago. Continue Reading

Major Alabama Drug Bust in Tuscaloosa

While most drug charges involve relatively small amounts of a controlled substance, authorities aim to make larger-scale trafficking arrests whenever possible.

According to a recent news article from AL.com, officials with the West Alabama Narcotics Task Force (WANTF), along with members of the Federal Bureau of Investigation (FBI) and United States postal inspectors, arrested two post office employees and two other men for allegedly trafficking and distributing more than 500 pounds of marijuana.

Authorities say they began their investigation in 2014, when they first learned of large shipments of marijuana being sent to Tuscaloosa. As our Birmingham drug crimes defense attorneys can explain, it is much more difficult to smuggle illegal drugs through the United States mail than one might think. Especially after the 9/11 terrorist attacks, along with the anthrax scare, and the Unabomber, packages are sent through highly sensitive screening machines and police dogs patrol package handling centers to identify any suspicious packages. Continue Reading

Birmingham Criminal Attorney Gives Advice on How to Deal With Your First DUI Offense.

Birmingham Criminal Attorney Gives Advice on How to Deal With Your First DUI Offense.Being arrested for a DUI can be frightening, confusing, and stressful. For most people, this is the first time they have dealt with the police and the courts.

Fortunately, if this is your first DUI offense, there are some options that may lessen the penalties you’re facing. After a DUI arrest, it is important that you consult a Birmingham Criminal Attorney as soon as possible, so you’ll know what your options are.

The first step you want to take is to try and get the charge dismissed.

The police officer who pulled you over needed to have probable cause. A police officer can’t stop you because they suspect that you were driving under the influence. Without probable cause, the traffic stop may be considered illegal.

All DUI defendants are presumed innocent until proven guilty; the prosecution has the burden of proving the case beyond a reasonable doubt. Even a complicated DUI case can be won by an experienced DUI Attorney.

Trial is a great time to beat a DUI. When your attorney questions the police about how they actually performed their investigation compared to how they were supposed to have performed their investigation, the arresting officer may lose credibility if mistakes were made. When a police officer loses credibility, most defendants will usually beat the DUI charge.

You owe it to yourself to have an experienced Birmingham Criminal Defense Attorney examine your arrest details carefully because the penalties for DUI are severe.

In Alabama, if convicted of the first DUI, you may be give a sentence of up to 365 days in jail and a fine between $600 and $2,100, your driver’s license may be suspended for 90 days.

If you want to keep your driver’s license after being charged with a DUI offense, you will need to fight the charge and you’ll need an experienced Birmingham Criminal Attorney to help you. Unlike previous years most DUI defendants are not offered a plea bargain even for a first time DUI offense.

If you’ve been charged with a DUI, it’s important that you speak to an experienced Birmingham Criminal Defense Attorney to discuss your legal options immediately.

Our Birmingham DUI Lawyer offers a free, no-obligation consultation. Fill out our DUI Questionnaire before your appointment, which you can download by clicking here.

Do Confusing Alcohol Laws Make it Easy to Get a DUI in Alabama?

Do Confusing Alcohol Laws Make it Easy to Get a DUI in Alabama?

If you’re going to purchase and drink alcohol in the state of Alabama, you’ll need to make sure you’re aware of all the alcohol-related laws and regulations in order to steer clear of any alcohol-related penalties.

Following the rules and regulations can get confusing because the laws change depending on what county or city you’re in. It’s also confusing because the laws keep changing.
Many counties in Alabama are “dry” meaning alcohol cannot be made there, distributed there, or offered for sale there. In many of the “dry” counties, there are cities that are “wet” cities, meaning that alcohol can be sold there, again with restrictions. Clay County is the only county in Alabama that is completely “dry.”

The Alabama Supreme Court recently overturned a 2009 law which allowed cities in “dry” counties to vote to determine if they could sell alcohol.

The ruling didn’t make clear whether the dozens of “wet “cities in “dry” counties that voted to allow beer, wine, and liquor sales over the last six years would have to stop selling alcohol immediately, or if the new ruling would only apply to cities looking to vote in the future.

In pursuit of tax dollars, more and more dry cities and counties are seeking to allow alcohol sales. Many cities that allow alcohol sales six days a week want to offer Sunday sales as well. Some cities that only allow beer to be sold in bottles and cans also want to make draft beer available.

In the 2015 regular legislative session, bills passed paving the way for eight cities and four counties to allow some form of Sunday sales. Other bills allowed seven cities and three counties to consider offering draft beer sales.

The Alabama cities and counties which allow the purchase and distribution of alcohol have strict rules. Alcohol can only be sold in state owned stores known as package stores or ABC stores (Alcoholic Beverage Control.) Table wine (less than 14 percent alcohol) and beer with less than 6 percent alcohol content by volume is only available in supermarkets and convenience stores.

Unless the county and city rules state otherwise, alcohol might be offered for sale 6 days a week, 24 hours a day. Selling alcohol is prohibited after 2 a.m. on Sunday. Package stores, bars and restaurants are required to have special licenses to sell or serve alcohol. All bars and restaurants must stop serving alcoholic drinks at 2 a.m.

Here are some guidelines to follow so you can avoid getting a DUI in Alabama.

You must be 21 years of age in order to purchase or consume alcohol in the state of Alabama.

Alabama Open Container laws prohibit having an open container of alcohol inside the vehicle; open containers of alcohol must be placed in the trunk of the car and cannot be accessible by the driver or passengers in the car. You cannot consume alcohol in a car if the car is on a public roadway.

A DUI in Alabama is driving with a BAC (blood alcohol concentration) of:
• 0.08% or more.
• 0.04% or more in a commercial vehicle.
• 0.02% or more, if you are younger than 21 years old.

The legal penalties for an Alabama DUI can include incarceration, probation, substance abuse education classes, and fines, in addition to having your driver’s license suspended.

If you’ve been charged with a DUI in Alabama, you’ll need to contact an Alabama DUI Attorney immediately to answer your questions about DUI laws in Alabama.

Contact Birmingham Criminal Defense Attorney Steven Eversole toll-free, fill out our confidential online case evaluation form or visit our office in downtown Birmingham.

Birmingham DUI Attorney — (866) 831-5292 — Free Consultation

 

Car Insurance After a DUI in Alabama

Car Insurance After a DUI in AlabamaAfter a DUI in Alabama you may face certain driving restrictions. Your driver’s license will be suspended – depending on the circumstances you may be able to drive for specific purposes, during certain hours. You may also be required to have an ignition interlock device installed on your car.

One of the most expensive consequences you’ll face after a DUI in Alabama is a possible increase in your automobile insurance premium.

If your automobile insurance carrier finds out that you’ve been convicted of drunk driving in Alabama, you’ll be considered high risk and your insurance premiums will skyrocket.

Some insurance companies will cancel your automobile insurance policy, even if you’ve never had a single driving offense before. Finding new automobile insurance after being convicted of a DUI and then being dropped by an automobile insurance company can be very difficult and extremely expensive. You may have to get your automobile insurance through a high-risk automobile insurance company or through one of Alabama’s “assigned risk” insurance companies.
This is how it works. The state of Alabama knows that insurance companies do not want to cover your automobile insurance because you are considered to be a high-risk individual. Because the state of Alabama knows that no automobile insurance company will voluntarily sell you an insurance policy, the state requires automobile insurance companies to provide automobile insurance coverage for high-risk drivers.

While the state makes automobile insurance available for you in this high-risk “pool” they don’t regulate the insurance premiums, so you will pay very high automobile insurance premiums for a few years until automobile insurance companies are willing to lower your premiums.

Depending on the circumstances of your DUI conviction, you may be required to obtain a SR-22 which is not an automobile insurance policy, but is proof that you have automobile insurance. A SR-22 is a document prepared by your automobile insurance company and then filed by the insurance company with the Alabama DMV.

A SR-22 is usually required when a driver wants to reinstate their driver’s license after their driver’s license was suspended. A SR-22 may be required of individuals who don’t actually own a car.

A SR-22 is usually required for three to five years after a DUI conviction. If you don’t pay your automobile insurance premiums, the SR-22 will be cancelled and the automobile insurance company will file a SR-26 with the Alabama DMV letting the DMV know that you don’t have automobile insurance, at which time your driver’s license will be suspended until a new SR-22 is filed.

If you’ve been charged with a DUI in Alabama, you’ll need to contact a Birmingham DUI Attorney to answer your questions about Alabama DUI penalties and to get more clarification about possible changes to your automobile insurance policy.

Contact Steven Eversole as soon as you know you’ll face DUI charges in Alabama. You can call us toll-free, fill out our confidential online case evaluation form or visit our office in downtown Birmingham.

Birmingham DUI Attorney — (866) 831-5292 — Free Consultation

How Do Ignition Interlocks Work?

How Do Ignition Interlocks Work?Technology seems to be helping decrease drunk driving fatalities across the United States.

A recent survey by Impact DWI, Inc. shows that there are nearly 305,000 ignition interlock devices in use in the United States. The survey also shows that the number of drunk driving fatalities has been decreasing in states that have strict interlock devices usage laws by as much as 30%.

An ignition interlock device is a device that is wired into the ignition system of a motor vehicle. The device analyzes the driver’s breath to determine how much alcohol the driver has in their system. If the device detects a blood level above a certain level, in the state of Alabama the level is .02 or more, the vehicle will not start.

The device also keeps track of other things such as engine restarts and vehicle run times; all of this information is recorded and tracked by the device. All recorded activity goes to the driver’s probation officer, sometimes the information is sent directly in real time, other times the information is sent monthly. While other people may drive the vehicle, the person who the device was installed for will be held responsible for all violations.

If you have 4 positive tests in a one month period, you may be in violation of your probation. If you tamper with the device or fail to get it re-calibrated as directed, you may also be in violation. Monthly recalibration usually costs around $75.00 per month.

Having an ignition interlock device allows people who have been convicted of DUIs the ability to drive, while making sure they are not able to drive drunk.
If you have been previously convicted of a DUI in Alabama within the past five years and are being charged again, the interlock device is mandatory. You will have to have the device installed once you finish your driver’s license suspension.

The ignition interlock is mandatory if you meet any of the following conditions and you are a first-time offender:
• A BAC of .15 or greater.
• You refuse to take a breath test.
• You were driving with a passenger younger than 14.
• You caused an injury to someone other than yourself.

Some mandatory sentences are for 2 years, but can vary and may be as little as 6 months. Mandatory sentences will be extended for certain violations. Repeat offenses result in longer terms.

If you are required to use ignition interlock device and refuse to have one installed, you may run the risk of fines, jail time and your insurance premiums may increase.

Contact Steven Eversole as soon as you know you’ll face DUI charges in Alabama. You can call us toll-free, fill out our confidential online case evaluation form or visit our office in downtown Birmingham.

Birmingham DUI Attorney — (866) 831-5292 — Free Consultation

How to Get an Expungement in Alabama After a DUI Conviction

How to Get an Expungement in Alabama After a DUI ConvictionThe consequences of a DUI in Alabama can last for many, many years. Most people wrongly assume that after you’ve completed your DUI conviction sentence that the DUI offense is removed from your record. This is not the case; the DUI conviction stays on your record and can be accessed whenever you put in a job application or a rental application. Until you have the DUI conviction removed from your record, you’ll always have to answer “yes” that you have been arrested on all applications that you fill out.

You’ll have to initiate the action to get the DUI conviction removed from your record; the process of having the conviction removed is called Expungement.

An expungement means that the conviction is not included in the person’s record, making it as though they never had a conviction.

Unfortunately, an expungement in Alabama is usually limited to first time offenders, but may be available to offenders who have had three DUIs or less.

During the expungement process, your records will be sealed and can’t be found by the general public, in some cases, the records of your arrest and conviction will be completely destroyed.

You cannot get your records expunged if you are on probation or you are still completing your DUI sentence. In some situations an experienced Birmingham DUI Attorney can file a motion to terminate your probation and speed up the expungement process.
Again, expungement in Alabama is not automatic – it does not occur after a certain period of time, you have to initiate the process.
The steps to take to get your record expunged are as follows.

Petition the courts. There are many technical issues involved in an expungement and in some situations you’ll have to wait a period of time before you can be granted an expungement, to make certain that the process is completed properly you should speak with an attorney familiar with Alabama DUI law.
Once the court grants your expungement request, all records of your arrest will be destroyed or sealed. Your conviction file will also be sealed or destroyed. Because there will be no record of your arrest or conviction, you can truthfully answer “no” when filling out applications that ask if you’ve ever been arrested.

Although your records and conviction records will be destroyed, if you are ever arrested again for another offense, you may face increased penalties because you committed another crime.

If you’re interested in petitioning the courts for an expungement in Alabama, you should speak with an experienced Alabama attorney. Contact Alabama DUI Lawyer Steven Eversole for a free consultation. You can call us toll-free at (866) 831-5292 or fill out our confidential online case evaluation form or visit our office in downtown Birmingham.

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