Archive for August 2012
NOPD Announces DWI Checkpoint Tonight
August 24, 2012
New Orleans DWI DUI Attorney
Elizabeth B. Carpenter, Esq. — DWI DUI Attorney New Orleans
Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!
NOPD Again Declines to Identify
Neighborhood of DWI Checkpoint Set for Tonight
In keeping with recent practice, the New Orleans Police Department has announced it will conduct a sobriety checkpoint somewhere in the city tonight. The checkpoint is scheduled to begin at 9 p.m. and end at 5 a.m. tomorrow morning, according to a news release from the NOPD.
Until last week, the department had always announced the neighborhood where they planned to set up the DWI checkpoint. But last week, for the first time, the NOPD put out a news release simply stating the dragnet would be held “in the Orleans Parish area.”
The vagueness raised some questions about whether the department was meeting the requirements of a state Supreme Court ruling that laid out guidelines for sobriety checkpoints. The court had previously deemed such checkpoints a violation of the Fourth Amendment, but later allowed them provided they meet certain guidelines.
Lawyers familiar with the ruling told The Times-Picayune that it does not require that authorities announce specifically where checkpoints are going to be conducted. It merely states that they must have determined the location in advance. Other local police departments and sheriffs’ offices around Louisiana have long issued vague alerts along the lines of those now used by NOPD.
The NOPD has not said whether its policy has changed, but this morning’s announcement marked the second consecutive release in which a neigbhorhood was not specified. Remi Braden, an NOPD spokeswoman, said last week only that the department believes its most recent announcements satisfy the Supreme Court’s guidelines.
DWI Checkpoint Scheduled For Tuesday August 21, 2012
August 20, 2012
New Orleans DWI DUI Attorney
Elizabeth B. Carpenter, Esq. — DWI DUI Attorney New Orleans
Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!
Sobriety Checkpoint set for Tuesday
Night in East Jefferson
Beginning at 8 p.m. Tuesday, a sobriety checkpoint will be conducted in East Jefferson, according to authorities. The checkpoint will include troopers from State Police Trooop B, deputies from theJefferson Parish Sheriff’s Office, agents from the Immigration and Customs Enforcement department and officers from the East Jefferson Levee District Police Department.
ABOUT ATTORNEY ELIZABETH B. CARPENTER
Elizabeth B. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take when training. This level of dedication to her practice helps her challenge the common errors that police officers make during a DWI arrest.
For more information about attorney Elizabeth B. Carpenter see her criminal defense website and her New Orleans Criminal Defense Attorney Blog. Ms. Carpenter is a skilled criminal attorney who defends against DWI charges, domestic violence charges, Drug Crime, and sex crimes, among others in the New Orleans metro area. Elizabeth B. Carpenter Law can also be followed on Facebook.
Elizabeth B. Carpenter, Esq. is an experienced New Orleans criminal defense attorney. She received her Juris Doctorate from Loyola University Law School, and is a member and supporter of theLouisiana State Bar Association, Louisiana Association for Criminal Defense Lawyers, and National Association of Criminal Defense Lawyers. Her law offices have successfully represented clients in Orleans, Jefferson, Plaquemines, St. John, St. Tammany and St. Charles Parishes. Carpenter’s mission is to provide clients with exceptional, personalized, and professional service.
Possession Or Dealing Firearms With Obliterated Mark — Louisiana
August 19, 2012
New Orleans Weapons Crimes Defense Attorney
If you are being criminally charged with Possession or Dealing Firearms With Obliterated Mark, contact Elizabeth B. Carpenter Law for a consultation. We are ready to defend you and protect your rights!
Possession or Dealing Firearms With Obliterated Mark — 14:95.7
No person shall intentionally receive, possess, carry, conceal, buy, sell, or transport any firearm from which the serial number or mark of identification has been obliterated.
This Section shall not apply to any firearm which is an antique or war relic and is inoperable or for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade, or which was originally manufactured without such a number.
Whoever violates the provisions of this Section shall be fined not more than one thousand dollars and imprisoned as follows:
First Offense — not less than 1 yr no more than 5 yrs.
Second or Subsequent Offenses — not less than 2 no more than 10yrs.
Criminal Defense Attorney New Orleans — Elizabeth B. Carpenter, Esq.
Possession or Distribution of a Schedule V Controlled Dangerous Substance — Louisiana
August 19, 2012
New Orleans Drug Possession Distribution Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
Defending those accused of Drug Crimes in Jefferson, St. John, St. Bernard, Orleans, St. Tammany, Plaquemines St. James, Tangipahoa, Terrebonne and St. Charles Parishes!!!
Distribution or Possession of Drugs Listed in Schedule V Controlled Dangerous Substance – La. R.S. 40:969
See Schedule I
See Schedule II
See Schedule III
See Schedule V
It is unlawful:
To produce, manufacture, possess with intent to producea controlled dangerous substance classified in Schedule V;
To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance classified in Schedule V.
These crimes are felonies.
Penalties — Manufacturing, Distributing or Possessing with Intent to Distribute a Schedule V Controlled Dangerous Substance.
Schedule V shall be sentenced to a term of imprisonment at hard labor for not more than five years; and, in addition, may be sentenced to pay a fine of not more than five thousand dollars
Possession a Schedule V Controlled Dangerous Substance
Penalties
It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule IV unless such substance was obtained directly or pursuant to a valid prescription. Any person who violates this Subsection shall be imprisoned with or without hard labor for not more than 5 years and, in addition, may be required to pay a fine of not more than $5,000.00
Elizabeth B. Carpenter, Esq. – Louisiana Drug Crimes Attorney
Schedule V Controlled Dangerous Substance — Louisiana
August 19, 2012
NEW ORLEANS DRUG CRIME DEFENSE ATTORNEY
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
The following is a list of Schedule IV controlled and dangerous substances as defined in the Louisiana Criminal Code. You can find the statutes pertaining to illegal possession, manufacturing, and distribution here.
SCHEDULE V CONTROLLED DANGEROUS SUBSTANCE — La. R.S. 40:964
SCHEDULE V
A. Narcotic drugs containing nonnarcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs or salts thereof, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.
(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.
(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulphate per dosage unit.
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
(6) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
B. Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below:
(1) Repealed by Acts 2006, No. 54, §2.
C. Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
(1) Pyrovalerone
D. Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:
(1) Pregbalin
(2) Lacosamide
E.(1) Ephedrine, pseudoephedrine, phenylpropanolamine. Unless listed in another schedule, any material, compound, mixture, or preparation containing any detectable quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, their salts or optical isomers, or salts of optical isomers.
(2)(a) Nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine shall not be sold or distributed in a quantity greater than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base to the same purchaser within any thirty-day period.
(b) Notwithstanding the prescription requirements for Schedule V controlled dangerous substances as provided for in R.S. 40:978(C), nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine may be dispensed without a prescription.
(3)(a) No person shall purchase, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base within any thirty-day period.
(b) This limit shall not apply to any quantity of such product, mixture, or preparation dispensed pursuant to a valid prescription written by a licensed health care professional having prescriptive authority.
(4) Wholesale drug distributors licensed by the Louisiana State Board of Wholesale Drug Distributors and registered with the United States Drug Enforcement Administration shall be exempt from the storage, reporting, record keeping, and physical security requirements for controlled dangerous substances for nonprescription products containing ephedrine, pseudoephedrine, and phenylpropanolamine which are not listed in another schedule.
(5) Except for sales log requirements and the transmittal of transaction information to the central computer monitoring system authorized by the provisions of Part X-F of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950, pharmacies and pharmacists licensed by the Louisiana Board of Pharmacy and registered with the United States Drug Enforcement Administration shall be exempt from the storage, reporting, record keeping, and physical security requirements for controlled dangerous substances for nonprescription products containing ephedrine, pseudoephedrine, or phenylpropanolamine which are not listed in another schedule.
(6) The transaction information provided for in R.S. 40:1049.3 for the purchase of a nonprescription product containing ephedrine, pseudoephedrine, or phenylpropanolamine shall constitute an “order from a practitioner” as provided for in R.S. 40:970(C). Possession of a nonprescription product containing ephedrine, pseudoephedrine, or phenylpropanolamine pursuant to a valid transaction as provided for in R.S. 40:1049.3 shall be a defense for a violation of R.S. 40:970(C).
DWI DUI Defense New Orleans Attorney Elizabeth B. Carpenter Discusses New DWI Laws
August 15, 2012
New Orleans DWI DUI Attorney
Elizabeth B. Carpenter, Esq. — DWI DUI Attorney New Orleans
Louisiana’s new laws regarding DWIs increase consequences for DWI offenders; attorney Carpenter offers experienced, capable representation to help combat them.
New Orleans, LA (PRWEB) August 14, 2012
Criminal defense attorney Elizabeth B. Carpenter, Esq. announced this week the expansion of herNew Orleans DWI services, citing new laws slotted to go into effect on August 1st as prompting a need for more extensive, informed representation for DWI / DUI offenders.
“Louisiana just passed a good five or six laws regarding DWIs and license suspensions, and they’re going to make it harder for attorneys to defend DWIs,” Carpenter said. “This will make it even more important to hire a highly trained and qualified DWI attorney, since only an attorney who knows all of the regulations that law enforcement is required to follow will be equipped to handle these kinds of cases.”
One of the new laws that will soon take effect states that police officers will no longer be required to appear and give testimony in administrative hearings for driver’s license suspension after they make a DWI arrest. Before, if an officer didn’t attend the hearing, the driver’s license could not be suspended; now, Carpenter says, it will be far more difficult to prevent license suspension: “Without an officer present, it’s impossible to perform a cross-examination; without a cross-examination, you can’t argue the case effectively,” she explained. “It’s going to make it extraordinarily difficult to save DWI clients from having their licenses suspended.”
A second new law states that even if a person submits to a breathalyzer test and doesn’t test over the limit, their license can be suspended if law enforcement suspects they are under the influence of marijuana or other drugs and they refuse to submit to urinalysis. Until now, urinalysis refusal was not automatic grounds for license suspension. Furthermore, penalties for a second offense DWI have also been enhanced; if a second DWI arrest occurs within one year of the first arrest, the offender will automatically be sentenced to a mandatory 30-day jail sentence.
Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath-testing machine known as the Intoxilyzer 5000—the same courses that police officers take during their own training. Her education in this field allows her to challenge the common errors that police officers make during a DWI arrest; sometimes these errors form enough evidence to have the entire case dismissed.
Video Voyeurism / Voyeurism / Peeping Tom — St. Tammany Parish
August 13, 2012
Criminal Defense Attorney New Orleans
Elizabeth B. Carpenter, Esq. – Sex Crimes Attorney New Orleans
Elizabeth B Carpenter Law is one of Louisiana’s premiere law firms representing clients who are accused of Sex Offenses including Voyeurism. If you have been accused of a Sex Crime, contact our office today to schedule a consultation. Video Voyeurism is not an offense to be taken lightly; it is a Sex Crime. Your freedom is important to us!
Voyeurism — La. R.S. 14:283.1
Voyeurism is the viewing, observing, spying upon, or invading the privacy of a person by looking through the doors, windows, or other openings of a private residence without the consent of the victim who has a reasonable expectation of privacy for the purpose of arousing or gratifying the sexual desires of the offender.
Penalties
First Conviction: fined not more than $500.00, imprisoned for not more than 6 months, or both.
Second or Subsequent Conviction: fined not more than $1,000.00, imprisoned with or without hard labor for not more than 1 year, or both.
Anyone who is convicted of the crime Voyeurim must register as a Sex Offender with the state for 15 years to be conducted annually.
Video Voyeurism — La R.S. 14:243
Video Voyeurism is the use of any camera, videotape, photo-optical, photo-electric, or any other image recording device for the purpose of observing, viewing, photographing, filming, or videotaping a person where that person has not consented to the observing, viewing, photographing, filming, or videotaping and it is for a lewd or lascivious purpose.
Penalties
First Conviction: fined not more than $2,000.00 or imprisoned, with or without hard labor, for not more than 2 years, or both.
Second or Subsequent Conviction: fined not more than $2,000 and imprisoned at hard labor for 6 months to 3 years without benefit of parole, probation, or suspension of sentence.
Penalty Enahncements
** Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any vaginal or anal sexual intercourse, actual or simulated sexual intercourse, masturbation, any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals shall be fined not more than $10,000 and be imprisoned at hard labor for 1 to 5 years, without benefit of parole, probation, or suspension of sentence. ***
** Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any child under the age of 17 with the intention of arousing or gratifying the sexual desires of the offender shall be fined not more than $10,000.00 and be imprisoned at hard labor for 2 to 10 years without benefit of parole, probation, or suspension of sentence. **
Anyone who is convicted of the crime Video Voyeurim must register as a Sex Offender with the state for 15 years to be conducted annually.
Peeping Tom — La R.S. 14:284
No person shall perform such acts as will make him a ”Peeping Tom” on or about the premises of another, or go upon the premises of another for the purpose of becoming a “Peeping Tom.”
“Peeping Tom” means one who peeps through windows or doors, or other like places, situated on or about the premises of another for the purpose of spying upon or invading the privacy of persons spied upon without the consent of the persons spied upon. The person does not have to be actually on the premises of another.
Whoever violates this Section shall be fined not more than$500.00, or imprisoned for not more 6 months, or both.
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
Naked Randy Travis Arrested for DUI in Texas
August 8, 2012
New Orleans DWI DUI Attorney
Elizabeth B. Carpenter, Esq. — DWI DUI Attorney New Orleans
Naked Randy Travis Arrested for DUI in Texas
Randy Travis was charged with driving while intoxicated and threatening law officers after the country singer crashed his car and was found naked and combative at the scene, officials said. It was the second Texas arrest this year for Travis, who was cited in February for public intoxication.
A Pontiac Trans Am registered to Travis, 53, had driven off a road west of Tioga around midnight Tuesday, said Tom Vinger, spokesman for the Texas Department of Public Safety. The vehicle had struck several barricades in a construction zone, according to DPS.
Vinger said Travis made threats against Texas Highway Patrol troopers and was not wearing clothes at the time of his arrest. He refused sobriety tests, Vinger said, so a blood specimen was taken.
Travis was released on $21,500 bond Wednesday morning pending an appearance before a judge in Sherman, about 60 miles north of Dallas. Blood test results are pending.
Grayson County Sheriff’s Sgt. Rickey Wheeler said Travis faces charges of retaliation or obstruction in addition to driving under the influence.
“Travis had a strong odor of alcoholic beverage on his breath and several signs of intoxication,” according to a statement from the sheriff’s office. “While Travis was being transported, Travis made threats to shoot and kill the troopers working the case.”
A Travis representative said there would be no immediate comment on the arrest.
Travis in February was charged with public intoxication after being spotted in a vehicle parked in front of a church in Sanger, about 20 miles from Tioga, where the entertainer lives.
He also has been involved in messy court proceedings with his ex-wife. Travis was divorced from Elizabeth Travis in 2010 after 19 years of marriage.
Earlier this year, Elizabeth Travis, who had been his manager for more than three decades, filed a lawsuit claiming that Randy Travis made it impossible for her to do her job and terminated her management contract without proper notice. She said her ex-husband sent several men, including an armed guard, to clean out her offices.
Randy Travis countersued in May, accusing his ex-wife of divulging confidential information about him in order to damage his reputation and career. The court documents don’t say what information Elizabeth Travis is alleged to have betrayed.
ABOUT ATTORNEY ELIZABETH B. CARPENTER
Elizabeth B. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take when training. This level of dedication to her practice helps her challenge the common errors that police officers make during a DWI arrest.
For more information about attorney Elizabeth B. Carpenter see her criminal defense website and her New Orleans Criminal Defense Attorney Blog. Ms. Carpenter is a skilled criminal attorney who defends against DWI charges, domestic violence charges, Drug Crime, and sex crimes, among others in the New Orleans metro area. Elizabeth B. Carpenter Law can also be followed on Facebook.
Battery of a Police Officer — Attorney New Orleans
August 5, 2012
New Orleans Battery Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Premiere Criminal Defense Attorney
Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.
Battery of a Police Officer — La RS 14:34.2
Battery of a police officer is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty.
For purposes of this Section, “police officer” shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, and probation and parole officers.
For purposes of this Section, “battery of a police officer” includes the use of force or violence upon the person of the police officer by throwing feces, urine, blood, saliva, or any form of human waste by an offender while the offender is incarcerated by a court of law and is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility.
Penalties
Whoever commits the crime of battery of a police officer shall be fined not more than $500.00 dollars and imprisoned not less than 15 days nor more than 6 months without benefit of suspension of sentence.
If at the time of the commission of the offense the offender is under the jurisdiction and legal custody of the Department of Public Safety and Corrections, or is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility, the offender shall be fined not more than $1,000 dollars and imprisoned with or without hard labor without benefit of parole, probation, or suspension of sentence for not less than 1 year nor more than 5 years. Such sentence shall be consecutive to any other sentence imposed for violation of the provisions of any state criminal law.
If the battery produces an injury that requires medical attention, the offender shall be fined not more than $1,000.00 dollars or imprisoned with or without hard labor for not less than 1 year nor more than 5 years, or both. At least 30 days of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
DWI Checkpoint Tonight 8/3/2012
August 3, 2012
New Orleans DWI DUI Attorney
Elizabeth B. Carpenter, Esq. — DWI DUI Attorney New Orleans
Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!
The New Orleans Police Department announced that it will be conducting sobriety checkpoints around the Algiers area between 9pm and 5am this FRIDAY JUNE, 15. Police state that the checkpoints are aimed at impaired motorists and reducing alcohol-related crashes. Although a time frame is identified, locations are not specified. Prepare to have proper documentation available if requested such as proof of insurance, driver’s license, etc.ice state that the checkpoints are aimed at impaired motorists and reducing alcohol-related crashes.
ABOUT ATTORNEY ELIZABETH B. CARPENTER
Elizabeth B. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take when training. This level of dedication to her practice helps her challenge the common errors that police officers make during a DWI arrest.
For more information about attorney Elizabeth B. Carpenter see her criminal defense website and her New Orleans Criminal Defense Attorney Blog. Ms. Carpenter is a skilled criminal attorney who defends against DWI charges, domestic violence charges, Drug Crime, and sex crimes, among others in the New Orleans metro area. Elizabeth B. Carpenter Law can also be followed on Facebook.
Elizabeth B. Carpenter, Esq. is an experienced New Orleans criminal defense attorney. She received her Juris Doctorate from Loyola University Law School, and is a member and supporter of theLouisiana State Bar Association, Louisiana Association for Criminal Defense Lawyers, and National Association of Criminal Defense Lawyers. Her law offices have successfully represented clients in Orleans, Jefferson, Plaquemines, St. John, St. Tammany and St. Charles Parishes. Carpenter’s mission is to provide clients with exceptional, personalized, and professional service.
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