Practice Areas and Legal Definitions

Administrative License Suspension Hearings:
Most states provide for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested. If a hearing is not requested within the time provided by law, the right to a hearing is waived, and the suspension goes into effect automatically. In some cases the time for requesting a hearing is very short, and the scope of the hearing is usually very narrow and highly technical; for these reasons, self-representation at a suspension hearing is rarely successful. The different types of administrative suspension include:

Driving With a Suspended License:
Driving with a suspended or revoked license is usually charged as a serious misdemeanor punishable by substantial fines and up to a year in jail. Under some circumstances, such as when someone is killed or injured in an accident caused by a driver whose license is suspended or revoked, the offense can be charged as a felony, with a high fine and a possible state prison sentence. Fines and jail sentences are typically heaviest in cases where the license suspension or revocation resulted from a traffic offense involving alcohol and/or drugs.

• Medical/Drug Suspension
  Some medical conditions require administrative driver's license suspension. These include certain diseases involving seizures, blackouts, fainting spells, serious physical coordination problems, some mental disorders, and loss of vision. The defense to this type of suspension usually involves the submission of written reports from health care providers and other experts.
• Negligent Driver Suspension
  This involves situations in which a driver has accumulated too many “points” for traffic tickets or has been involved in an unusually high number of accidents.
• Drunk Driving Suspension Based on BAC
  If a defendant’s chemical test shows a Blood Alcohol Content (BAC) of .08% or more, most states impose a 30- to 90-day license suspension. This varies from state to state, and may be longer. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest, as well as the validity of the chemical test.
• Drunk Driving Suspension Based on Test Refusal
  Where the defendant refuses to submit to a chemical test, most states provide for a license suspension that can range from six months to a year; in at least one state, the term is three years. The refusal suspension is not affected by the outcome of a DUI trial. If there is a refusal suspension, it remains in place, even if the defendant is found not guilty. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest, as well as the validity of the chemical test.

Operating While Intoxicated From Drugs or Prescription Medications:
Most people know that it is illegal to operate a vehicle while intoxicated from illegal drugs, but many people believe they can avoid a conviction for OWI by producing a prescription for the drug in question. This is not true. An OWI (drugs) charge has nothing to do with whether or not possession of  the drug was lawful. The legal issue in any OWI (drugs) case is whether, as the result of impairment from drug intoxication, the driver has lost the ability to drive safely. It is just as unlawful to operate a vehicle while intoxicated from properly prescribed medication as it is to operate a vehicle while intoxicated from drinking too much alcohol.

Operating While Intoxicated (OWI) With Prior Convictions:
In all 50 states, repeat OWI offenders face progressively stiffer penalties. In some states, the third or fourth offense may be charged as a felony and, upon a conviction, result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply.  Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.

If you or someone you know in the Birmingham area or throughout Alabama needs the assistance of a skilled Birmingham DUI Lawyer, call Joseph C. Kreps today at 866-680-3411, or complete the form on this site to schedule your free consultation.

Charge(s):  Driving Under the Influence (DUI); Reckless Driving.
Facts:  Client was traveling East on I-20 in Alabama. Officer initiated traffic stop for driving recklessly. Subject failed field sobriety tests per officer’s report.
Blood Alcohol:  0.18 g/ 210L
Result:  DUI Charge Dismissed at Pre-trial hearing after negotiations between DUI Defense Attorney Joseph Kreps and prosecutor.

Charge(s):  Driving Under the Influence (DUI).
Facts:  Client was traveling on I-459 near Birmingham, Alabama. Involved in motor vehicle collision. Subject failed limited field sobriety tests per officer’s report. Issue as to whether client was driving vehicle.
Blood Alcohol:  0.14 g/ 210L per hospital blood test. 0.06 g/210L 5 hours after accident per Draeger.
Result:  DUI Charge Dismissed. Kreps Law Firm attorneys and investigators obtained affidavit from witness and driver of vehicle of other vehicle that our client was not driving.

Charge(s):  Driving Under the Influence (DUI); 3rd Offense. Driving on Wrong Side of the Road.
Facts:  Client was traveling near downtown Birmingham on the wrong side of the road. Subject failed field sobriety tests per officer’s report.
Blood Alcohol:  Refusal.
Result:  DUI Charge Dismissed upon Pre-Trial Motion by DUI Attorney Joseph C. Kreps.

Charge(s):  Driving Under the Influence (DUI); 3rd Offense. Failure to Drive in Traffic Lane.
Facts:  Client was traveling on Highway 280. Police Officer followed client for approximately 2 miles. Officer reported drifting several times and failure to maintain traffic lane. Cooler of beer in front seat. Open containers of beer in vehicle. Subject failed field sobriety tests per officer’s report. Officer’s report indicated stop was videotaped by in-car police recording device. Police agency failed to preserve videotape.
Blood Alcohol:  Refusal.
Result:  Pre-Trial Motion filed to Dismiss Charges and Suppress any and all evidence. After hearing just before trial, Judge indicated he would likely grant motion and requested briefs. DUI Charge then Dismissed by Prosecutor after arguments by DUI Attorney Joseph C. Kreps.

Charge(s):  Driving Under the Influence (DUI); 3rd Arrest for DUI.
Facts:  Client and a friend had visited a bar and stopped at IHOP around 1 a.m. to eat. Sheriff’s Deputy was eating at the IHOP. According to officer’s report, client and his friend were loud and appeared intoxicated. Ordered to leave by officer. Client and friend left and officer jumped in his squad car, chased client down and arrested him for DUI. Refused field sobriety tests.
Blood Alcohol:  Refusal.
Result:  Pre-Trial Motions prepared to Dismiss Charges and Suppress any and all evidence due to Entrapment. After hearing just before trial, Judge dismissed DUI charge upon Motion after arguments by DUI Attorney Joseph C. Kreps.

If you or someone you know in Alabama needs the assistance of an experienced Talladega DUI Lawyer, call Joseph C. Kreps today at 866-680-3411, or use the contact form provided on this site to schedule your free consultation.

Professional Profile

If you or someone you know in the Birmingham area or throughout Alabama needs the assistance of a skilled Birmingham DUI Lawyer, call Joseph C. Kreps today at 866-680-3411, or complete the form on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Kreps Law Firm, LLC
1932 Laurel Rd., Ste 1-E
Birmingham, AL 35216
Telephone: 866-680-3411
Fax: 205-824-6548

MEMBERs OF THE FIRM:

Joseph C. Kreps

EDUCATION:

• University of Alabama, B.S.
  
• Cumberland School of Law, J.D.
  

COURTS ADMITTED:

• Alabama  

• National Association of Criminal Defense Lawyers
• Alabama Criminal Defense Lawyers’ Association
• Alabama State Bar Association
• Association of Trial Lawyers of America
• Alabama Trial Lawyers’ Association

"If you want to beat your DUI charge, call us first. We offer client-focused attention on all aspects of your DUI case. You can call our office and speak to your attorney at any time, and will be provided a cell phone number for after-hours emergencies. Our office phones are answered 24 hours a day, 365 days a year."