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Underage Drinking and Driving
Adults can be charged with driving under the influence when their blood alcohol content (BAC) is .08 percent or higher. But underage drivers (any driver under 21 years old) can be charged when their BAC is .02 percent. Connecticut has zero tolerance for underage drinking and driving, which means that any alcohol in your system or on your breath is grounds for arrest. That does not leave underage drivers with any wiggle room. The moral of the story for underage drivers is, do not get behind the wheel after having any alcohol.
The Consequences of Underage Drinking and Driving
Driving under the influence is a criminal offense in Connecticut, whether you are an adult or underage. Underage first offenders are subject to the following consequences:
- Up to six months in jail and/or 100 hours of community service;
Can My Child Be Tried as an Adult?
The criminal justice system treats youth offenders differently than it treats adult offenders. The general rule in Connecticut is that children under 16 years old cannot be held criminally responsible for their actions. However, there are certain exceptions to that rule.
Either way, it can be frightening and confusing if your child is arrested. Our experienced juvenile defense attorneys can explain your legal options and answer any and all questions about the criminal justice process. In fact, here are answers to a few questions that parents frequently ask when their children get in trouble with the law:
Q: When can juveniles be tried as adults in Connecticut?
A: Children over 16 years old can be tried as adults. Children who are 14 or 15 years old can also be tried as adults if they commit violent crimes like murder. Children who are younger than 14 can never be tried as an adult, regardless of the crime committed.
Understanding the Bail Process
Norwalk police recently arrested a 35-year-old man in possession of 4,700 bags of heroin, cocaine, and $50,000 in cash. He is being held on a $2 million bond. The man was the subject of an extensive investigation into heroin sales in Norwalk.
Bond vs. Bail
Most people who are charged with committing a crime may be able to post bail or obtain a bond to get out of jail while they are awaiting trial. The terms “bond” and “bail” are often used interchangeably, but they actually have slightly different meanings.
The police set a bail amount when the defendant is arrested. That amount can be increased or decreased by bail staff from the Court Support Services Division or by a judge. Bail is the money that the defendant pays to get out of jail. A defendant who does not have the full cash value of the bail amount may contact a bail bondsman to post bail for a fee.
Understanding Your Miranda Rights
In 1966, the U.S. Supreme Court decided a case called Miranda v. Arizona (which actually represented four consolidated cases). The decision affirmed that criminal suspects in police custody have a constitutional right to an attorney and a right against self-incrimination. If a defendant is not informed of those rights, then any statements the defendant makes to police will not be admissible in court. Here’s a rundown of what happened in those four cases:
Case 1: Arizona police arrested Miranda at his home, and a witness identified him at the police station. He signed a written confession after being interrogated for two hours. That confession was used as evidence at trial, where a jury found Miranda guilty of kidnapping and rape.
Case 2: New York police detained a man named Vignera in connection with a dress shop robbery. While in police custody, Vignera orally confessed to the robbery and was then placed under formal arrest. He was later questioned by an assistant district attorney while a hearing reporter transcribed the questions and answers. Both the oral confession and the transcript were used as evidence at trial. The jury found him guilty of first-degree robbery.
The Consequences of Reckless Driving in Connecticut
It is illegal to drive recklessly in Connecticut. Reckless driving “requires a conscious choice of action either with knowledge of the serious danger to others involved in it or with knowledge of facts which would disclose this danger to a reasonable” person.
While speeding and driving under the influence might not by themselves constitute reckless driving, they can contribute to a reckless driving charge. However, if the vehicle speed is so fast that it endangers another person’s life, then that alone is considered reckless. Driving faster than 85 miles per hour generally falls into that category. Tailgating (following another car too closely) is another example of reckless driving.
The punishment for reckless driving is:
- First offenders are subject to a fine between $100-$300 and/or up to 30 days in jail.
- Repeat offenders are subject to a fine up to $600 and/or one year in prison.
Consequences of Possession with Intent to Sell
Connecticut takes drug possession, possession with intent to sell, and other drug offenses very seriously, which is why you need an experienced defense attorney if you are charged with any drug-related offense.
In fact, a few years ago Connecticut increased the penalties for selling drugs. Here are a few things you need to know about possession with intent to sell:
- You do not have to be caught in the act of selling drugs to be charged with possession with intent to sell (PWITS). You can also be charged with PWITS if found with large amounts of drugs in your possession and distribution materials like plastic bags with logos on them.
- First-time offenders convicted of PWITS a hallucinogenic substance (other than marijuana) or a narcotic substance face up to 15 years of jail time and/or a $50,000 fine.
- Second-time offenders face up to 30 years in prison and/or a $100,000 fine.
Consequences of Driving Under the Influence in Connecticut
Drunk driving is a serious problem in Connecticut’s Fairfield County. According to a 2017 study conducted by 24/7 Wall St., more than one in five adults drinks excessively in the Bridgeport-Stamford-Norwalk area. Such drinking habits likely contribute to the fact that more than one-third of the area’s roadway fatalities involve alcohol, which is higher than both the state and national average.
It is illegal to operate a motor vehicle in Connecticut with an elevated blood alcohol content. The limit is 0.08%, except for commercial truck drivers, whose limit is 0.04%. A DUI conviction carries the following types of penalties:
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Jail time. First offenders may spend up to six months in jail. Offenders convicted for a second time within a 10-year period face jail time up to two years. A third or subsequent offense means up to three years in prison.
Hate Crime Charges in Connecticut
In Connecticut as in other states and the nation at large, words or actions that might otherwise constitute a misdemeanor crime rise to the level of a serious felony offense when motivated by bigotry or bias against another person or group’s race, religion, ethnicity, disability, sexual orientation, or gender identity. When such a combination of actions, motivations, and parties are present, the words or acts at issue may be prosecuted as a hate crime. As a serious felony offense, a hate crime is punishable by a lengthy prison sentence and fine of several thousand dollars. If you have been charged with a hate crime in Connecticut, your reputation, personal freedom, and financial standing demand that you counter the charges with effective legal representation.
Intimidation is at the Core of Hate Crimes in Connecticut
The reason Connecticut punishes hate crimes so severely is to deter individuals from harassing perceived members of groups that have been historically disfavored in American society. Through deterrence, vulnerable classes are afforded protection. Specifically, protected status applies to:
Domestic Violence Charges in Connecticut
Connecticut imposes strict penalties for domestic violence. As such, if you have been charged with domestic violence in the state, you owe it to yourself to become knowledgeable as to the consequences of a conviction. Jail time, fines, and damage to your personal reputation are among the adverse outcomes. With so much on the line, experienced legal representation in matters of criminal defense is essential.
Domestic Violence Is Termed “Family Violence” in Connecticut
In Connecticut, domestic violence is categorized as “family violence.” Under state law, family violence is an event that occurs between family or household members that either causes physical injury or produces fear the physical injury is imminent. Family or household members include:
- People who are related;
- People who are or were married;
Repeat Drunk Driving Charges in Connecticut
If you have been charged with a second, third, or subsequent DUI or DWI in Connecticut, you face very harsh penalties with regard to your personal freedom, finances, reputation, and driving privileges. Alcohol, as you are likely aware if you have previously been convicted of DUI or DWI, is a common source of problems in both the state and nation at large. According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), over 25% of people ages 18 and over reported that they engaged in binge drinking the past month.
Over 15 million adults in the U.S. alone have alcohol use disorder, and every year an estimated 88,000 people die from alcohol-related causes. The economic cost of alcohol misuse is staggering – running at 249 billion annually in the U.S. When it comes to alcohol misuse and Connecticut’s roads and highways, the state has little tolerance for those who drink and drive – especially after already having a DUI or DWI conviction.
The Law Offices of Daniel P. Weiner in Stamford, Connecticut serves clients in Greenwich, Norwalk, New Canaan, Darien, Westport, Bridgeport, Fairfield, Danbury, Wilton and clients throughout Fairfield County and across Connecticut (CT).
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