Legally Speaking....Obama promises Afghanistan more aid

KABUL, Afghanistan (CNN) -- President-elect Barack Obama has given Afghan President Hamid Karzai assurances that the United States would send more aid and pay more attention to his war-torn country during his administration, according to Karzai's office.

Farhad Peikar, the author of the article, was careful to recall President-Elect Obama's initial criticism of the Karzai-led government.

In an interview with CNN last July, Obama criticized Karzai's government saying it "has not gotten out of the bunker and helped organize Afghanistan and (the) government, the judiciary, police forces, in ways that would give people confidence."

As a veteran of Operation Enduring Freedom, 02-03, it's unconscionable to think that the stagnant growth concept of two steps forward and one step back is still going on. I agree with Mr. Obama's assessment of the situation in Kabul. Often times, it seems as if Karzai only focuses on organization in his major metros like Bagram, Kabul, and Khandahar, while allowing the other heavily nomadic lands to go decentralized.

While in Afghanistan, I grew to appreciate the citizenry with their amazing history and culture. I believe Mr. Obama should and will aid the Afghans but I believe that he should have guidelines coupled with periodic evaluations that allow the U.S. to accurately assess the effect of our aid. Talk about CHANGE!

Legally speaking, I believe that Mr. Obama should allow his State Department to utilize Provincial Reconstruction Teams (Attorneys, Doctors, Police, local politicians-- legislators & city councilpersons) whom would serve as civic counselors and advisors to the Karzai government in the underserved provinces.

http://www.cnn.com/2008/WORLD/asiapcf/11/23/afghanistan.karzai.obama/index.html

DEFEND TRAFFIC TICKETS for as low as $100

PROTECT YOURSELF FROM HIGHER INSURANCE PREMIUMS!
Speeding tickets are usually the way most Americans are involved with the judicial system. Across the nation millions are cited for speeding. Most just mail in the fine whether they are guilty or not. Most don't realize that even if you are found guilty the penalty for the ticket will remain about the same, saving the exception of contempt charges.

Studies show that often times when drivers hire a lawyer to defend the ticket, the fine is at least reduced or dismissed. So you see, hiring an attorney could prevent the increased insurance premiums and points on your license.
If you feel that you were not speeding, not going as fast as the officer stated you were, or even if you just don't want the ticket on your record contact Attorney Winters at 225.284.8762. Many tickets can be defended from as low as $100.

Driving While Intoxicated (DWI)

Driving while intoxicated is a serious offense. The state legislature is concerned about the safety of its citizenry. Thus, even first convictions require mandatory jail time. It is important for you to have an attorney to represent you...

Louisiana DWI/DUI/OWI law:
Under Louisiana Revised Statutes Section 98, the crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when:
(a) The operator is under the influence of alcoholic beverages; or

(b) The operator's blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood; or

(c) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964; or

(d) The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription and the label on the container of the prescription drug or the manufacturer's package of the drug contains a warning against combining the medication with alcohol.

(e) The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription and the influence is caused by the operator knowingly consuming quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.

(2) A valid driver's license shall not be an element of the offense, and the lack thereof shall not be a defense to a prosecution for operating a vehicle while intoxicated.

B.(1) On a first conviction, notwithstanding any other provision of law to the contrary, the offender shall be fined not less than three hundred dollars nor more than one thousand dollars, and shall be imprisoned for not less than ten days nor more than six months. Imposition or execution of sentence shall not be suspended unless:
(a) The offender is placed on probation with a minimum condition that he serve two days in jail and participate in a court-approved substance abuse program and participate in a court-approved driver improvement program; or
(b) The offender is placed on probation with a minimum condition that he perform four eight-hour days of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program, participate in a court-approved substance abuse program, and participate in a court-approved driver improvement program. An offender, who participates in a litter abatement or collection program pursuant to this Subparagraph, shall have no cause of action for damages against the entity conducting the program or supervising his participation therein, including a municipality, parish, sheriff, or other entity, nor against any official, employee, or agent of such entity, for any injury or loss suffered by him during or arising out of his participation in the program, if such injury or loss is a direct result of the lack of supervision or act or omission of the supervisor, unless the injury or loss was caused by the intentional or grossly negligent act or omission of the entity or its official, employee, or agent.

(2) If the offender had a blood alcohol concentration of 0.15 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood, at least forty-eight hours of the sentence imposed pursuant to Paragraph B(1) of this Section shall be served without the benefit of parole, probation, or suspension of sentence. Imposition or execution of the remainder of the sentence shall not be suspended unless the offender complies with Subparagraph B(1)(a) or (b) of this Section

What if I refuse to take the chemical tests?

Under Louisiana Revised Statute §98.2. Unlawful refusal to submit to chemical tests; arrests for driving while intoxicated
A. No person under arrest for a violation of R.S. 14:98, 98.1, or any other law or ordinance which prohibits operating a vehicle while intoxicated may refuse to submit to a chemical test when requested to do so by a law enforcement officer if he has refused to submit to such test on two previous and separate occasions of any previous such violation.
B.(1) Whoever violates the provisions of this Section shall be fined not less than three hundred dollars nor more than one thousand dollars, and shall be imprisoned for not less than ten days nor more than six months.
(2) Imposition or execution of sentence shall not be suspended unless one of the following circumstances occurs:
(a) The offender is placed on probation with a minimum condition that he serve two days in jail and participate in a court-approved substance abuse program and participate in a court-approved driver improvement program.
(b) The offender is placed on probation with a minimum condition that he perform four eight-hour days of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program, participate in a court-approved substance abuse program, and participate in a court-approved driver improvement program. An offender who participates in a litter abatement or collection program pursuant to this Subparagraph shall have no cause of action for damages against the entity conducting the program or supervising his participation therein, including a municipality, parish, sheriff, or other entity, nor against any official, employee, or agent of such entity, for any injury or loss suffered by him during or arising out of his participation in the program, if such injury or loss is a direct result of the lack of supervision or act or omission of the supervisor, unless the injury or loss was caused by the intentional or grossly negligent act or omission of the entity or its official, employee, or agent.

What if I refuse to take the sobriety tests?

There are various field sobriety tests (FSTs) used by law enforcement officers to include: horizontal gaze nystagmus (HGN), alphabet recitation, modified position of attention, one-leg stand, finger-to-nose, etc. Usually, officers will use a set of three. You aren't legally required to submit to the FSTs. The tests are used as additional evidence because usually officers have already decided on whether or not to make the arrest. Generally, a polite refusal may be appropriate.


How can I drive until my court date?

You need to get a temporary license. Usually, the law enforcement officer will take your operator's license and issue you a summons and ticket, which will serve as your immediate temporary license. The document will have the address where you need to write your request for a hearing. WARNING! There is a 15 day deadline for a written request for a hearing with the Lousiana Department of Public Safety and Corrections to request a hearing on the suspension and to get an extension of the temporary license.

How do I get in contact with you to represent me in this matter?

Please call Attorney Winters at 225.284.8762

"EXPUNGEMENTS"

Expungement. Let's face it, most of us make mistakes. If your mistake landed you a criminal record, there is a good chance that the record may keep you from getting schooling, a house, employment, a license, or a permit that you need for a job. An expungement can help you remove that record and help you get the house, education or the job you need to support your family.

"Expungement" is a legal process that removes an arrest or conviction from your record. When a criminal record is expunged, employers, state law enforcement, or the public should not be able to find out about it (but federal law enforcement might still know about it).
In Louisiana, arrest records for most local ordinance violations, state misdemeanors and felonies may be expunged. If you have a criminal record that you need expunged, please contact Attorney Winters at 225.284.8762 or anthony.winters@us.army.mil

"DADDY OR DONOR"

Most single fathers ask, "Am I a Dad or Donor!" They further inquire, "Why are Mothers winning custody in Family Court? Why are Fathers "allowed" to see their kids only every other weekend and required to pay child support?"

Most fathers don't realize that they have a constitutional right to parent and father their child. Often times, the notion of paternity rights is thwarted by misinformation, lack of knowledge, and media articles constantly illustrating a father never getting the children. Louisiana courts look at the "best interest factors," but many Fathers lose custody of their children just because they didn't take the time to find out the rules of the Family Law system.

A man can be his own worst enemy during a custody battle, and his failure to learn what he can do to win his case will result in defeat. Generally, women diligently find out what they need to do to gain custodial parent status over the children and increase child support payments. For more information about getting custody and visitation of your child, please contact Attorney Anthony D. Winters @ 225.284.8762.

Did The Police Enter Your Home Without A Warrant?

United States Constitution 4th and 14th Amendment along with the Louisiana Constitution protects the right to privacy.
Art. 1 Section 5. Every person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy. No warrant shall be issued without probable cause supported by oath or affirmation, and particularly describing the place to be searched, the persons or things to be seized, and the lawful purpose or reason for the search. Any person adversely affected by a search or seizure conducted in violation of this Section shall have standing to raise its illegality in the appropriate court.

In order to invoke the exclusionary rule on a claim of unreasonable search and seizure, the defendant must show that the state invaded his privacy. This expectation to privacy is based on whether society is willing to regard such expectation as reasonable.
GPOL: Generally, warrantless searches are unreasonable, unless the search falls within the exceptions.......
For more information contact Attorney Winters @ 225.284.8762 or anthony.winters@us.army.mil

Were You in An Automobile Accident?

Accidents. We all dread them. They not only injure you physically and destroy your property, but they also take you away from your normal life prior to the accident. You are forced to attend rehab services and other medical care in order to be made whole. Nonetheless, an inescapable fact of life is that serious personal injuries happen. When they do, it's important to know and understand your legal rights. You could be able to recover for:

Damage to your car or personal property
Compensation for psychological damage
Loss of past and future income
Medical expenses for the past and for the future
Pain and Suffering
Loss of amenities of life
Loss of Consortium

If you are in an automobile accident, these are a few steps to follow to make the ordeal less confusing.

1. Check to see if anyone needs medical attention
2. Contact the police
3. Take picture of the accident scene
4. Exchange insurance information
5. Call Attorney Winters at 225.284.8762

Are You A Mobilized Reservist?

If you're a reserve component service member called to active duty, you're protected by a law that can save you some legal problems and possibly some money as well. Under the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940, you may qualify for any or all of the following:

• Reduced interest rate on mortgage payments.
• Reduced interest rate on credit card debt.
• Protection from eviction if your rent is $1,200 or less.
• Delay of all civil court actions, such as bankruptcy, foreclosure or divorce proceedings."

Therefore, if you are mobilized or are about to be mobilized, contact your creditors and or landlord and inform them of your deployment in order to save some money... For more information contact anthony.winters@us.army.mil

Are You Considering A Divorce?

DIVORCE
Divorce in Louisiana requires that you are a resident of the state. There are four grounds upon which to obtain a divorce in Louisiana: Living separate and apart after filing the petition, living apart before filing the petition, adultery, and commission of a felony. Read our detailed legal summary of Louisiana including grounds, residency, child custody, child support, alimony, mediation, property, settlement agreements, and annulments.
Domicile
If you seek to file a divorce in Louisiana, it is important to be aware of the residency requirements prior to filing for your divorce. In order to file for divorce you must be a resident of Louisiana. The papers for dissolution of marriage must also be filed in a parish where either of the spouses resides, or the parish of the last place the couple lived together.
Grounds
There are four grounds upon which a divorce in Louisiana can be obtained.
Living separate and apart after filing of petition.
Once a petition for divorce is filed, if the parties remain separate and apart without reconciliation, either spouse may ask the court for a divorce 180 days after the petition for divorce was served or a written waiver of service was filed in the record.The 180-day waiting period requirement cannot be waived. The action can be defeated if there is reconciliation between the parties, in that, they resume living together with a mutual intent to resume the marriage at any time during the waiting period. Certain procedural formalities are required.
Living separate and apart before filing of petition.
If the spouses have lived separate and apart, continuously and without reconciliation, for six months or more, either spouse may file a petition for divorce.
The other spouse commits adultery
Adultery on the part of the other spouse is grounds for an immediate divorce; there is no required waiting period. The burden of proof is on the party alleging the adultery and is very strict. Corroborative testimony is normally required and it must be proven that the other spouse engaged in sexual relations with another person.
Conviction of a felony.
If the other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor, a petition for divorce can be filed. The facts of conviction and sentencing are the only proof requirements; appeals and actual serving of the sentence are immaterial.

If you are considering a divorce, please contact Attorney Winters at 225.284.8762

About The Firm

Winters & Associates, PLLC is a full service firm offering legal assistance in many different areas of the law. With a concentration on criminal defense, personal injury, family law, and divorce, Anthony Winters is a learned and dedicated professional, who eagerly anticipates working on your case.

Contact Us:

Address

4520 South Sherwood Forest Boulevard

Suite 104-250

Baton Rouge, LA 70816

Phone Number

225-284-8762

Email

anthonywinters@us.army.mil