Roofers Rated High Quality in St Louis

St Louis Roofing Rated High Quality

At Andres Roofing our company believe in a reasonable as well as truthful cost for every single work. We examine each task based on the dimension, pitch, layers, accessibility, layout, to figure out a fair cost. We ought to be competitive with any respectable roofing company that pays a fair wage to its workers, utilizes quality items, as well as lugs insurance coverage to cover both basic liability as well as employee’s payment. We will certainly have our insurance coverage agent send our certification of insurance policy to you after demand. Learn more about Roofers

St Louis Roofers theat provide full services.

If you are searching for the best work at a reasonable as well as truthful cost then we are the firm for you. The roofing market in St. Louis is not managed as well as there is no licensing demands. There countless roofing business that do bad job and also will slap on a roofing system and also tar locations that need appropriate blinking. Those roof coverings will not last long. At Andres Roofing we install the tiles as well as blinking appropriately paying attention to information. We set up roofings to endure the extreme St. Louis climate and also obtain the optimal life from the tiles. To read more info see – Andres Roofing

Directions from St Louis, MO to Andres Roofing Company

Company rooted in Kirkwood Roofing Companies

Andres Roofing does not just do complete roofing system – substitutes. Click here for directions from Kirkwood, MO – Kirkwood roofing companies

 

We additionally do small, medium, and huge repair works! You might have lots of life left in your shingles as well as just should do a small repair work. We repair leakages and are experts at finding the resource of the leak. With our severe weather in the St. Louis as well as a substantial amounts of time investigating and repairing roofs we have ended up being professionals in recognizing just how water can discover it’s way via your roofing. We will provide you with an affordable repair option instead of a full replacement that could cost you thousands. Typical fixings include pipes air vent pipeline flashings (either squirrel chewed leads or rotten rubber collars), nail pops, chimney blinking, tip blinking, counter blinking, wearing away sealer at flashings, critter damages, wind damages, and also tree damages. We understand the significance of responding swiftly to prevent minor roofing damages from coming to be major indoor damage.

Andres Roofing completes numerous roofing system replacements a year. Our sales and also customer service is outstanding and attentive from the First telephone call, totally free quote, scheduling, completion, as well as final assessment. We approach each job from our years of experience that allows our clients to feel comfortable and also browse the process easily. Our staffs handle roofing replacements quick as well as successfully always doing an outstanding task with fantastic roofing products with the consumers concerns and also durable roofings in mind. With a complete roof covering replacement we detach down to the wood deck, change any type of rotten wood, mount the proper underlayments, and then the roof shingles as well as correct flashings. Our roofers recognize the relevance of doing it right to ensure that we never ever obtain recall as well as our roofs last via our harsh and extreme weather condition and for the long life of the shingles. We always come close to every roof with the climate in mind. No roof is left open to the weather condition. We constantly plan on roofing back in anything we detach that very same day to make sure that your house stays completely dry throughout the process.

We not just do these full replacements but can add a Second layer if your roof certifies as well as you intend to conserve money.

Bankruptcy Lawyers that know Chapter 7 laws

Personal Bankruptcy is probably the best-known type of this financial debt relief. We are bankruptcy attorneys So what is Personal Bankruptcy Law Firm? Is it for individuals or companies? Exists a very easy means to recognize if this kind of financial debt security is required? More to the point, what will Chapter 7 erase and what assets will be lost?
Just what is Chapter 7 Bankruptcy and why consult best bankruptcy attorney Chicago?
Chapter 7 Bankruptcy is the ways through which both people and some companies can get rid of most debt. It is usually described as “fresh start” bankruptcy because essentially all financial debt is eliminated. Bankruptcy security is one of the legal rights guaranteed under the United States Constitution. It was consisted of in the starting paper out of an understanding of financial debt. The founding fathers comprehended exactly how financial obligation was usually used in England to compel individuals right into a type of enslavement known as indentured bondage. By including the right to proclaim bankruptcy, all people are given defense versus such. To learn more about Chicago bankruptcy lawyer please click the link.
Can an Organisation Apply for Personal Bankruptcy Security?
Both organisations as well as people could apply for Chapter 13 bankruptcy protection, yet a lot of companies do not. The reason is straightforward: If an organisation declare this type of bankruptcy, the business must be shut. In most cases, the person declare bankruptcy on business will certainly not want losing their only means of income. So whereas a business may submit Chapter 7, couple of do.
Rather, most businesses will certainly file for either Personal bankruptcy. These types are used for restructuring as well as the better managing of debt.
Just what is a Bankruptcy Indicates Examination?
The Federal Government has actually developed a Means Examination to help any person pondering bankruptcy gain a clearer understanding regarding their financial circumstance. The test takes into account the dimension of household and also the revenue initially. If income surpasses the state mean based upon the number of people live in the home, then extra kinds have to be completed. Taken with each other, these types will help anyone recognize whether filing Chapter 7 is both sensible and advisable.
When clients come to Gregory K. Stern, P.C. Bankruptcy and also Repossession Attorneys for Chicago, they are suggested similarly. Of course, the Bankruptcy Way Examination given by the U. S. Department of Justice Judiciaries system can be complex. That is why we offer a cost-free assessment to customers.
What Happens to Retired life Funds and also Survivor Perks?
One of the largest concerns over filing for Chapter 7 Bankruptcy involves properties. The properties that lots of voice worry over are retirement funds and similar forms of income. Both the state of Illinois as well as the Federal government supply exceptions which shield particular properties, including most retirement funds. Adhering to are a few of the Federal asset exemptions …
• Social security repayments
• Railroad retired life
• CIA, Civil Service, and also Army retirement
• Experts Benefits
• Three-quarters of overdue however gained revenue
• Survivor benefits for military workers, courts, as well as Court Supervisors
The state of Illinois protects the pension plans of state and also local government employees. Furthermore, the complying with personal effects is exempt from property seizure:
• Up to $15,000 worth of real estate per person (condominium, mobile home, co-op, ranch).
• Personal injury recuperations not going beyond $7500.
• Personal vehicle up to $1200 worth.
• Disability benefits.
• Life insurance policy and also annuities (restrictions apply).
• Shared part of a service collaboration.
• Youngster support.
• Spousal support.
• Tools and also various other products used as part of a profession valued up to $750.
• Wild Card = up to $2000 worth of personal effects.
If partners apply for Chapter 13 Bankruptcy collectively, all numbers are doubled.
Exist Alternatives to Declaring Chapter 13Bankruptcy?
There are options to filing for Personal Bankruptcy. At Gregory K. Stern, P.C. Bankruptcy as well as Repossession Attorneys for Chicago, we will certainly check out all alternatives with you. Whether choices will be useful in your case or otherwise we can examine. Some of the alternatives consist of bargaining with creditors on your behalf to either reach a negotiation or much better terms of payment. Another could be applying for Personal restructuring of financial obligation. On top of that, if you are dealing with lawsuits by a creditor, we will certainly be happy to represent you.
Our workplace is located at 53 West Jackson Boulevard, Suite 1442, Chicago, Illinois 60604. Our number is …
312-427-1558.
Various other Inquiries Individuals Ask …
Exist various sort of bankruptcy?
There are several kinds of bankruptcy. The differing Chapters are arranged inning accordance with the kind of entity included. As an example, there is a kind for ranch owners and also anglers, municipalities/local federal governments, one more when international entities are included, one especially for big firms, as well as much more. At Gregory K. Stern, P.C. Bankruptcy and Repossession Attorneys for Chicago we specialize in Chapter 7, 11, and 13.
What is Chapter 13 Bankruptcy?
Chapter 7 is the latest form of bankruptcy. It was established in 2005 as part of the Bankruptcy Misuse Avoidance and also Customer Security Act as well as covers Ancillary/Cross-Border Instances. The function is to give the devices had to carry out bankruptcies involving parties outside the jurisdiction of the USA.
What is Personal Bankruptcy?
Chapter 13 Bankruptcy is a form of debt restructuring or reconstruction. It is described as Private Financial debt Modification since instead of discharge all financial obligations, the debts are reorganized at the order of the court. Thus financial institutions need to comply with the terms established. Normally speaking, Chapter 13 is used when the individual declare bankruptcy works as well as has a stable revenue.
How much time Does it Take for Bankruptcy Procedures to be Completed?
As soon as all the needed information is collected, declaring could happen. So typically, within a few days the instance could be opened. Naturally, if there is an emergency such as approaching foreclosure or foreclosure of a lorry, we can accelerate this process. About a month after you file, you will certainly be called for to go to a Creditor Meeting. Finally, if there are no unpredicted missteps, a Chapter 7 Bankruptcy can be full within a couple of months (typically regarding 90 days).
Call Gregory K. Stern, P.C. Bankruptcy as well as Foreclosure Attorneys for Chicago Currently.
For greater than Thirty Years, the workplace of Gregory K. Stern, P.C. Bankruptcy as well as Foreclosure Attorneys has been helping the people of Chicago take care of insolvencies, repossessions, and financial obligation restructuring. We offer a totally free initial consultation and there is no obligation. Call us currently to set up a browse through.
312-427-1558.

Chicago Man Ross Aymami Shares Algorithm

Ross Aymami Chicago takes a slightly different approach to releasing its new Custom Financial Algorithms service. Ross Aymami as well as Associates, a monetary software program analysis business in Chicago, has decided it will offer companies an opportunity to see exactly how algorithms can positively affect their business. The webinar is expected to occur Tuesday, May 16th.

Where most business upload some stats and also reveal no evidence, Ross Aymami Chicago IL and Associates has made a decision to be a little extra one-of-a-kind and transparent with their formulas. The begin of his new personalized monetary algorithms services should put Ross Aymami as well as Associates ahead of the competitors.

Ross Aymami Chicago, Founder at Ross Aymami and also Associates, says: “We wanted to be special with the launch of our new Custom Financial Algorithms service because We assumed it would certainly be a wonderful way to give back to the Chicago service area. This webinar enables us to get to not only our core audience in Chicago however those situated anywhere. It will certainly be worthwhile, and we’re hoping it will certainly increase profits for business. It must go excellent unless individuals could instantly make a decision that making less loan is much better!”

Ross Aymami and also Associates has constantly resolved sticking out when compared to other economic formula planners in the Chicago area. Introducing webinars concentrating on the business’s area of competence is just one of the many means it does so.

” Today there is a fantastic possibility for businesses to attempt something brand-new as well as creative,” stated Ross Aymami. Mr. Aymami defines himself as “a hard-working expert as well as investor who has developed prices designs, formulas, and strategic reports that impact decision-making. I am functioning to give a much more profitable future for our customers, and consequently, my firm is acquiring proficiency in various big and particular niche markets.”

Ross Aymami and also Associates has actually been serving the Chicago location since 2014. To this day, the firm has helped numerous customers as well as is just one of one of the most well-informed algorithms as well as pricing design planner firms in Chicago.

Ross Aymami also said: “While Ross Aymami and Associates may not be the only business with this kind of offering, market leaders are selecting Ross Aymami and also Associates since “We continue to stay ahead of economic contours by applying our algorithms as well as owning more revenues to our customers.”

Ross Aymami Chicago monetary technology occupation began in 2008. Trading equity options in 2008, Mr. Aymami developed the idea for a trading blog website called “In the Pink Trading.” It discusses fundamental, technical in addition to analytical views of the United States economic markets, as well as offers market insight as well as listings real-time trading referrals as well as settings. The blog delights in a following of ex-investment lending institutions, service bond capitalists, in addition to different other financial specialists.

When inquired about the new Custom Financial Algorithms Service, Ross Aymami said: “We think it’s mosting likely to be a hit because “Every algorithm we develop is special to that customer as well as modern technology in this area is continually boosting.”

Additional info concerning Ross Aymami and Associates and the brand-new Custom Financial Algorithms solution is offered at http://rossaymami.com/.

St Louis SEO and Web Design Company Launches New Digital Marketing Services

Link Rep Web Design and SEO, a St Louis digital marketing agency, launched a comprehensive range of digital marketing strategies and services to complement there successful SEO consulting and web design business. New digital marketing offerings will include: social media marketing, search and social PPC management, mobile optimization and online reputation management.

More information is available at Link Rep – Digital Marketing

Recent years have seen an enormous growth in investments in online business marketing and advertising dollars. The internet has become a constituent part of everyday life more and more mobile and web enabled purchases take place. Recent surveys report that up to 90% of all clients have used online reviews or search engines in making their buying decisions. See more web design services

Online traffic is, therefore, crucial to online business success. Traffic studies show that roughly two thirds of all Google traffic for any particular keyword go to the top three highest ranking search results. This dramatically increases the competition for a visible ranking position.  Get more info here – seo St Louis

As Google’s ranking algorithm becomes more and more complex, businesses invest increasing amounts of money in professional SEO services. It is no longer possible for the average business owners to optimize their websites without an SEO specialist help. Codes, metadata, micro-data and website indexing make it necessary for businesses to work with professional SEO experts that constantly monitor the algorithm changes.

The main difficulty comes in finding an online marketing agency that offers not only SEO services, but a host of additional digital marketing services. Since working with multiple digital marketing agencies is inconvenient and might lead to conflicting results, it is essential for business owners to work with a single agency for SEO, website design, mobile optimization and all other marketing services necessary.

Link Rep Web Design and SEO strives to provide a comprehensive range of digital marketing services.

The St Louis SEO engineers start by optimizing the client’s website for a variety of platforms, including smartphones, tablets and other devices. As mobile recently surpassed desktop searches, this is increasingly important for business success.

The company then focuses on content optimization, photo, video and ad campaigns, social media promotion and online reputation management, in order to generate an increase in brand awareness and conversion rates.

Finally, the company also offers mobile app development for improved user experience.

Interested parties can find more information by visiting the above-mentioned website.

Andres Roofing | St Louis Roofing Specialists

Andres Roofing, a small group of St Louis Roofing Experts, introduced a vast array of roof solutions for local home and business proprietors. The company does not subcontract their jobs and the proprietors are proactively entailed, in an initiative to provide dependable roof covering solutions. Find Expert roofers in St Louis here.

Andres Roofing, a professional roofing company located in St Louis, Missouri, released a variety of roofing solutions, including installation, repair work, upkeep as well as more to assist residence and structure proprietors maintain their roof coverings leak cost-free this wintertime. Use Andres Roofing – Roofers

More information is readily available at http://andresroofing.com.

Roof building and maintenance services are necessary for home and business owners alike. Specialist roofing system maintenance guarantees versus any kind of prospective damages, such as leaking or minimized wind uplift resistance, while repair work solutions reduce the damage caused in such occasions. We can help with Roofers

As increasingly more individuals look to professional roof firms for installation and also fixing solutions, the variety of roofing experts seems to grow, as well. However, certain issues emerge, and also their effects could be possibly serious.

One of the most prevalent problems, particularly with big roof covering firms, is subcontracting to amateur roofing system constructors. As large companies are obtained by growing numbers of clients, they occasionally supply operate in progression to various other roofing services at a lower cost. The quality of the general job reduces, as the subcontractor is typically either amateur, or merely does not have any type of interest in doing the job well.

In addition, amateur roofing system employees may not have insurance coverage, causing economic problems in unforeseen conditions. Dealing with an insured roofing company is crucial for the safety of the home or organization facility.

Andres Roofing is a regional tiny St Louis group of roof specialists. Their solutions range from roofing setup to routine maintenance.

The firm deals with expert certified roofers, and also its efforts have actually been granted an A+ from the neighborhood BBB.

The St Louis roofing company aims to use its customers personalized services by carefully inspecting any type of framework prior to starting setup or maintenance. The owners of the firm are proactively involved in every task, in order to make certain that expert construction standards are stuck to.

The business is readily available from 9 to 5 Monday via Friday, dealing with weekends by visit. They provide continuously roof covering repair solutions.

Interested celebrations could discover more details and the roofing company’s 5 ideas for maintaining a roof winterized by going to the above-mentioned website.

For additional information, please check out https://www.andresroofing.com/

Contact Info:
Name: John Andres
Organization: Andres Roofing Company
Address: 11843 Devonshire Ave, St. Louis, MO 63131 United States
Phone: (314) 267-7923

Tourists searching for a residential property in the Seacrest area of Florida

Travelers looking for a home in the Seacrest neighborhood of Florida. You can locate details of the Big Kahuna Beach House on its brand-new website. Click Seaside vacation home for rent for more info.

It supplies a variety of extravagant facilities as well as attractive sights. 30A vacation home info located here.

A new site has actually been introduced to market the Big Kahuna Beach House in Panama City Coastline, Florida, located in the preferred Seacrest community off 30A. It is a four bedroom residence that could accommodate approximately 14 people, in an area understood for its high sand dunes, where individuals could conveniently select the dolphins swimming in the distance. Big Kahuna Beach House

Even more details can be located on the Big Kahuna website at: http://bigkahunabeachhouse.com.

Seacrest Coastline is called among the quietest areas in the area, due to the fact that there is little commercial development, making it excellent for a holiday or trip. It is so called as a result of the Creek Indians that utilized to live in the area as a means of honoring its heritage.

Big Kahuna is called the utmost coastline home, with an exterior shower to make sure that people returning from a day at the coastline could clean themselves prior to going within. It has wood floors throughout the home, with a huge cooking area showcasing custom made closets, stainless steel home appliances, as well as granite counter tops.

Guests will certainly also find a sizable dining room, where they could eat at a table that seatses as much as 6 people, as well as moves into a living area with contemporary decor, comfy seats as well as a flat-screen TV for holiday goers to enjoy when they’re not out in the sun.

The Big Kahuna site goes on to clarify that the property has picturesque sights from the third flooring, which boasts area watching out over the water. This showcases one more flat-screen TV and a damp bar overlooking Seacrest as well as the Gulf.

It goes on to discuss that the home is concealed in a private place, while still making sure very easy access to the Emerald Coast’s most stunning beaches. Interested celebrations could take a digital tour of the home to see the features firsthand, and also ensure they’re getting exactly what they want when they accept book it for their holiday.

A full checklist of building features is offered on the site, where interested parties could also get in touch utilizing the contact form offered.

As you stalk the house, an outdoors shower is there for your benefit after your day at the coastline as well as a huge driveway for auto parking.

Wood floors are throughout this fantastic residence. Downstairs is a big, gorgeous kitchen with custom-made cupboards, stainless-steel home appliances, granite counter tops and also a discussion bar that seatses 4. This opens right into a spacious dining-room location with a table that seats 6. Moving right into a large living location with lovely design, comfy seating as well as a big level display TV. Simply off the living room is a private patio area to collect for fun and discussion. Down the hall is a room that flaunts 2 Queen beds, stroll in closets, with accessibility to a captivating hall restroom that has tile floors as well as granite counters.

The third floor has a wonderful space with a sight! A couch, large-scale chair, big level display TV and damp bar over looking Seacrest as well as the Gulf make this area a reward! Relax inside or outside with the doors to a personal patio area. Down the hall is yet one more bed room with a double over complete bunk bed, flat screen and also one more twin bed with trundle take out for even more area. Personal porch as well. Washroom is floor tile, with glass shower as well as granite counter tops.

For more details, please go to http://www.bigkahunabeachhouse.com/

Contact Info:
Name: Jeremy Byington
Organization: Big Kahuna Beach House Rental
Address: 136 Surfer Ln, Panama City Beach, FL 32413 United States
Phone: (850) 588-1133

How Long Does a Prosecutor have to File California DUI Charges?

A person is arrested on suspicion of driving under the influence here in California. They are booked and released with a citation when law enforcement believes they have sobered up. The citation includes a court location and a date upon which the person must appear for their arraignment. About a month goes by and the person appears on the date indicated on the citation, but is surprised to learn that their case is not on the court’s calendar. They are given a slip proving that they appeared and told to keep their eyes open for a notification in the mail from the prosecutor’s office letting them know that charges have been filed.

After this scenario plays out, two questions arise from clients; 1.) Is this common? and 2.) How long do I have to wait?

Let’s tackle the first question.

When law enforcement gives the citation to the person who has been arrested on suspicion of driving under the influence, they don’t actually know that the case will be filed on the date indicated in the citation. Typically, the date is set at least a month, sometimes several months, in advance. This gives law enforcement and prosecutor time to do several things before the court date.

Following, the arrest the officers must prepare the police report on the DUI arrest. This includes the actual written report, the interview of witnesses, the examination of evidence, and the preparation of any video footage.

Once the law enforcement agency completes its report, their file is sent to the prosecuting agency. Here in Southern California, the prosecuting agency is usually a City Attorney or a District Attorney. The prosecuting agency then reviews the file which was given to them by the arresting law enforcement agency and determines if there is enough evidence to file charges.

Often is the case that, by the time this process is complete, the date written on the bottom of the citation has come and gone. Once the prosecutor has all of the information they need and actually make the decision to file California DUI charges, they’ll issue a notification to the person letting them know that charges have been filed and give them a new court date.

So, to answer the first question, unfortunately the answer is yes, it is common and more common than people know.

On to the second question; “How long does the prosecutor have to file the charges?” In other words, how long must a person have to anxiously wait for those charges to be filed?

California Penal Code section 802 states, “Except as provided in subdivision (b), (c), or (d), prosecution for an offense not punishable by death or imprisonment in the state prison shall be commenced within one year after commission of the offense.” Subsections (b), (c), and (d) are not applicable to DUI cases.

Therefore, the prosecutor has one year from the date of arrest to file misdemeanor DUI charges. This is what is called a “statute of limitations.”

Unfortunately, many people mistakenly believe that because the prosecutor hasn’t filed charges by the date on the citation, that the prosecutor has forgotten or that the case just simply and magically disappears. Not so. They have a year.

Additionally, people whom DUI charges have been filed against them within that year, but fail to go to court for years afterwards are also mistaken in believing that they can’t face charges because it is past the statute of limitations. As long as the charges were filed within that year, the charges remain and the person likely has a warrant out for their arrest.

At least in my experience, prosecutors very rarely “forget” to file charges. While it may be common for the date on the citation to come and go, it is not common for that year to come and go without charges being filed. It’s not a matter of if, it’s a matter of when.

 

private property

West Virginia Supreme Court Rules for DUI on Private Property

The West Virginia Supreme Court reversed a lower court’s decision and ruled that people can be arrested and convicted of driving under the influence even if it occurred on private property and have their licenses revoked.

The case stems from an incident in 2012 when a man by the name of Joshua Beckett crashed an ATV in a field on the farm owned by his family. Following the collision, Beckett was taken to the hospital where it was discovered that his blood alcohol content was 0.17 percent. He was subsequently charged with driving under the influence.

A magistrate dismissed the DUI case, but an administrative judge upheld a prior revocation of Beckett’s driver’s license for 45 days notwithstanding Beckett’s argument that there was no evidence that he drove on a public street or highway.

Beckett appealed the decision to the Monroe County Circuit Court. There, the circuit court judge ruled that because Beckett’s “actions did not occur on land open to public use,” the administrative judge did not have jurisdiction to revoke his license.

The Division of Motor Vehicles’ commissioner who originally revoked Beckett’s license appealed the decision to the West Virginia Supreme Court.

“The Legislature’s definition of the phrase ‘in this State’ … extends the reach of our driving-under-the-influence laws to any individual driving a vehicle within the physical boundaries of West Virginia, even if the vehicle is driven only upon private property not open to the general public,” Chief Justice Menis Ketchum who wrote a portion of the majority opinion. “The Legislature chose to structure our DUI statutes to regulate the condition of the driver, not the locale in which the driving is taking place. Thus, the Legislature expressed its plain intent to prohibit an intoxicated person from driving a vehicle anywhere in West Virginia, whether on public roads or across private land.”

The decision and its rationale mirrors that which the law here in California.

Division 11 of the California Vehicle Code sets forth the “rules of the road,” if you will, which includes California’s laws against driving with a 0.08 blood alcohol content or higher and driving while under the influence. California Vehicle Code section 21001 states, “The provisions of [Division 11] refer exclusively to the operation of vehicles upon the highways, unless a different place is specifically referred to.” The Code then goes on to state, “[t]he provisions of this chapter apply to vehicles upon the highways and elsewhere throughout the State unless expressly provided otherwise.”

Prior to 1982 the vehicle code made it illegal to drive drunk “upon a highway or upon other than a highway areas in which are open to the general public.” However, in 1982, the legislature deleted the language referring to the locations upon which a person could be arrested and ultimately convicted of drunk driving.

The California Court of Appeals in People v. Malvitz relied on the earlier version of the California Vehicle Code to help clarify the issue. The Court concluded that the “statute that prohibited driving under the influence of alcohol and/or any drug has emerged unencumbered with any language restricting its reach.”

In other words, the Court concluded that it was the intent of the legislature that, in deleting the portion of the statute which referred to location, the law which prohibits drunk driving should extend to anywhere in California where drunk drivers pose a threat included public highways as well private property.

Furthermore, California Vehicle Code section 23215 states, “[law enforcement] may, but shall not be required to, provide patrol or enforce the provisions of [California’s DUI law] for offenses which occur other than upon a highway.”

Whether you’re in West Virginia or in California, it is illegal to drive under the influence on public roads as well as on private property.

 

DUI

California DUI with Out-of-State Priors

Many people know that a California DUI is a “priorable” offense. This means that if a person is arrested and convicted of a subsequent California DUI within ten years, the penalties by operation of law increase.

Generally, a first-time California DUI conviction carries three to five years of summary (informal) probation, up to six months in jail, between $390 and $1,000 in fines, completion of a court-approved three month DUI program, and a six-month license suspension.

A second-time California DUI conviction carries three to five years of summary probation, a minimum of 96 hours to a maximum of one year in county jail, between $390 and $1,000 in fines, completion of a court-approved 18 month DUI program, and a two-year license suspension.

A third-time California DUI conviction carries three to five years of summary probation, a minimum of 120 days to a maximum of one year in county jail, between $390 and $1,000 in fines, completion of a court approved 30-month DUI program, and a three-year license revocation.

With this understanding, the question arises: Can a prior out-of-state DUI conviction be used to make a current California DUI a “second offense” and allow the court to increase the penalties?

It depends on whether the facts in the prior out-of-state DUI case would have constituted a DUI in California, under California law.

For example, Florida’s DUI law reads, “A person is guilty of the offense of driving under the influence… if the person is driving or in actual physical control of a vehicle within this state and…[t]he person is under the influence of alcoholic beverages…when affected to the extent that the person’s normal faculties are impaired…”

The wording of Florida’s statute may prohibit a past Florida conviction from being used to make a California DUI a “second offense” for two reasons.

The first problem is that Florida’s statute requires that a person impaired “to the extent that the person’s normal faculties are impaired.” This standard is less strict than California. California requires that a person be impaired to an appreciable degree. Thus, a person may be deemed impaired under Florida’s standard, but not necessarily under California’s.

The second problem is that Florida’s statute also requires that someone drive or is “in actual physical control of a vehicle.” This makes Florida what is called a “dominion and control state.” A person can have dominion and control over a vehicle by simply being in the driver’s seat. California’s DUI law, on the other hand, requires that a person actually drive the vehicle. Therefore, a person can be convicted under Florida’s DUI law by sitting in the driver’s seat while intoxicated. However, someone sitting in the driver’s seat while intoxicated cannot be convicted under California’s DUI law.

Therefore, if a person was convicted five years ago in Florida for a DUI under Florida law because they were found drunk in the driver’s seat of their vehicle, but not driving, that conviction cannot be used to make a current California DUI a “second offense” to increase the penalties because California DUI law requires that the person actually drive the vehicle.

If, however, that same person was pulled over after driving and are convicted of a Florida DUI, that prior Florida DUI conviction can be used to make the current California DUI a “second” offense.

 

Where is FBI Director Comey Now?

We have been critical of FBI Director Comey’s comments (see here and here) during the email investigations of Hillary Clinton.  On a positive note, it was good to see him pull together the FBI for a quick review of Hillary Clinton’s emails after his missteps, although this should never have been necessary if commenting during the election had not initially occurred.

But one has to wonder what kind of investigation has been occurring on the overarching problem – email hacking that is reported to be coming from outside the United States that disrupts and influences a U.S. election. (see here) The integrity of elections is crucial and a failure to assure that integrity is maintained is of the utmost importance.  So where is FBI Director Comey now, and why are we hearing nothing about this important investigation?

The NYMag.com is reporting here that “academics presented findings showing that in Wisconsin, Clinton received 7 percent fewer votes in counties that relied on electronic-voting machines compared with counties that used optical scanners and paper ballots.”  In light of prior hacking of the DNC and the release of emails of individuals associated with Hillary Clinton, one would think the FBI would be conducting an immediate investigation to assure voters of the integrity of our election process. So where is FBI Director James Comey now?

(esp)