Monday, December 17, 2012

Florida DWI Arrest - The Law As It Applies To You

All DWI and DUI convictions or Florida DWI Arrest can have a significant impact on your driving privileges and your insurance premiums and rates. Laws regarding DWI and DUI in the 50 states generally determine the driving privileges of a person within the state. And if you are thinking about moving to another state to avoid the penalties and continue driving, think again.

If you are convicted of DWI or DUI and move to another state, there are important things you need to understand. Florida DWI arrest? Get the best quality lawyer for your defense.

Interstate drivers license compact and the non resident violator compact.

Interstate drivers license compact is an agreement between 45 states in the U.S. These states will share information regarding certain types of convictions including drunk driving offenses like DWI and DUI. Only five states namely; Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin do not belong to the compact. By sharing information on your DWI and DUI convictions, you would be left with very little choice but the five states. For Florida DWI arrest, you are under the compact.

With this compact agreement, you basically have one driving record for all forty five states belonging to the compact. Simply put, if you are convicted or suspended in another member state, you are also suspended in the other states as well. So you have to get reinstated in one of those states before you can get your driving privileges again.

Non resident violator compact is an agreement between 44 states in the U.S. This is designed to have a better enforcement of traffic offenses and penalties in these various states. In this agreement, unpaid fines and penalties for traffic offenses in another state can have your license taken away and or suspended in the state in which you are driving.

There are six states that did not join these agreement or compact. They are; California, Michigan, Alaska, Montana, Oregon, and Wisconsin. Being under the agreement or compact, Florida DWI arrest can have an impact on your license.

Driving while intoxicate legal limit in Texas is .08 blood alcohol concentration or (BAC). However, drivers can be stopped and cited for impaired driving due to alcohol or other drugs regardless of BAC. Texas has a zero tolerance law. For anyone under 21, it is illegal to drive with any detectable amount of alcohol.

Impairment begins with the first drink. Gender, body weight, the number of drinks consumed and the amount of food in ones stomach affect the bodys ability to handle alcohol. Women, younger people and smaller people, whether male or female often have a lower tolerances.

Get caught drinking and driving a second or third time and the penalties will increase including suspension of your drivers license for up to 180 days. That is called zero tolerance. It means zero alcohol. That is the law in Texas.

The privilege and ability to drive is very important for many people. And a Florida DWI arrest can change all that. Because without a car and a license to drive it means your ability to provide for your family is being hampered. So if you are concerned about your DWI or DUI contact a good and quality attorney or lawyer to defend your rights.

Hire a quality lawyer who knows and are familiar with your state DWI and DUI laws. The bottom line is that if you have a Florida DWI arrest, you need the best DWI attorney.

Pennsylvania Garnishment Law

In today's society it is very easy to get a credit card. Unfortunately, some people obtain too many credit cards, then cannot keep up with the payments. The credit card company sends you a notice of default, and threatens a lawsuit. Then, either the lawsuit arrives, or, your claim is turned over to the dreaded collection agency, who again threatens a lawsuit.

Based upon my experiences with my clients, I have also found that collection agencies threaten other things, like garnishing your wages. I actually like those words coming from my client's mouth, because it means that the debt collector has violated the federal Fair Debt Collection Practices Act, and my client now has a lawsuit against the debt collector.

In Pennsylvania, neither a credit card company nor a debt collection agency can garnish your wages at any time, even though they may threaten to do so.

Garnishment of wages in PA can only occur in very limited circumstances. The first circumstance is for child or spousal support. The second circumstance is for recovery of PHEAA student loans. The third is after a judgment is obtained for room and board of 4 weeks or less. Fourth, for back rent on a residential lease, and fifth, to satisfy obligation relating to a final divorce distribution.

As you may have noticed, collection on a civil credit card debt is not one of the listed circumstances where garnishment may occur. However, it must be noted that a credit card company or a debt collection agency can garnish your bank account IF they first obtain a valid judgment against you in a court of law. Threats to garnish accounts prior to obtaining a judgment are violations of federal law. It must also be noted that once your wages are deposited into your bank account, they are no longer wages. They merely mesh into the corpus of your bank account, and become subject to garnishment if a judgment against you is obtained.


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