Did a Memorial Day traffic stop leave you in hot water with the law?

If you found yourself pulled over or at a click it or ticket check point, whether it is for DUI, Speeding, lack on insurance, or expired registration and find yourself in legal trouble. Start your defense by getting the right legal information. John W. Cowling is a defense attorney in Loxley, Baldwin County, Alabama. He will consult with you and go over all your options, then protect your rights in court. So If this Memorial Day Weekend didn't go as you had planned, and you got in trouble with the law, do yourself a favor and call the law office of John W. Cowling today 251-947-7667

As always, holiday weekends are a perfect time for police to increase their presence on the roadways. Do yourself a favor and take the extra time and make sure you are aware of any steps you can take to avoid unwanted police troubles while traveling this weekend. Before hitting the roadway, double check your plate and brake lights, locate and create quick access to your insurance, license and registration- keep your inspection stickers up to date (and license plates). Equipment violations are a great way to find yourself pulled over. Avoid giving the police a chance to legally stop you by making sure that your lights are working and any equipment issues have been addressed before heading out. As always have a safe and hassle-free weekend!

Are you prepared for the 4th of July weekend?

Fourth of July DUI Arrest - Fight Your Charges
   The fourth of July holiday is a time when many families and friends get together to celebrate. But nice weather, a party atmosphere and alcohol can add up to trouble. On this holiday weekend, state and local police are often on heightened alert for potential drunk driving and underage drinking.
   If you were pulled over and arrested for drinking and driving, you have legal rights. An arrest does not guarantee a conviction - talk to an attorney today about your next steps. Arrange a free, no-obligation consultation and learn your rights by filling out the form below now.

Take Precautions
   If you have plans to spend this holiday drinking with friends or family it's important to understand how alcohol can affect your judgment as a driver. Anyone with blood alcohol content measured at .08 or above is considered intoxicated in every state. You may reach this limit faster than you think, and even one drink could affect your ability to safely drive and react.

Law Enforcement is watching on the 4th
   During popular holidays such as July 4th, where there could be a higher number of inebriated drivers on the roads, the police are often paying close attention. This reality can make a driver more vulnerable to being stopped for routine violations such as an expired registration. So in addition to not driving while intoxicated, making sure your car registration is current could prevent an unnecessary detention from a police officer. Plus, many states increase the number of roadside DUI checkpoints during holidays

Breaking Minor Traffic Laws can have Big Consequences
   Besides any car registration issues, officers are also much more aware of even the most minor traffic infractions during the July 4th holiday. Many DUI arrests begin with a stop for a minor infraction.
   People who speed or drive too slowly might catch the eye of an officer looking to pull someone over. Even drivers who don't signal when turning or switching lanes may alert a police officer that intoxication could be a factor.
   Since many people tend to consume alcohol during this holiday, law enforcement is more sensitive than usual to any suspicious behavior. Therefore, more drivers may be pulled over for breathalyzer tests to help make sure the roads are safe for everyone.

Connect with an Alabama DUI Attorney Today, Call John W. Cowling

Mobile Councilors Pay Raise?

MOBILE, Alabama – A proposal to potentially link Mobile City Council members and the mayor's salary increases to cost-of-living raises city employees get was defeated by the council on Tuesday.

With a 4-3 vote, the council shot down a proposal pushed by Councilman Fred Richardson that would ask the Alabama Legislature to amend the Zoghby Act – the state law that establishes how Mobile's council-mayor form of government should operate – and link elected official pay raises with those of city employees.

The measure needed five votes for approval. Voting in favor of it were Richardson, Reggie Copeland, C.J. Small, and William Carroll. Voting against were Bess Rich, Gina Gregory and John Williams.

Following the vote, Rich and Gregory said they didn't support the proposal because they felt the council positions are public service jobs that are also part time.

"In the future, it might be the route we decide to go but it also brings up other questions," Gregory said. "If the economy improves and we are able to offer raises to employees every year, then does that mean the council raises continue to go up? Do we then look at capping the salary? I think it just opens up other questions that need to be looked at."

Richardson, in pushing for the proposal, said the present system of requiring the council to vote on its own raises every four years is not working because councilors have not voted themselves a raise in more than 16 years.

Richardson questioned why it is appropriate for federal and state lawmakers to approve their own pay raises, and not OK for the council to do the same.

"You can call Washington all you want, but they can't pave your street," Richardson said. "We are on the front line. To say there should never be a time a city council member or the mayor, who is working full time, should not receive a raise ... it's nonsense."

Richardson has said the proposal would mirror what is currently allowed for Mobile County commissioners, who last received a pay raise with the rest of the county's employees in 2008.

The council, last month, approved a 2.5 percent across-the-board pay increase for city employees as part of the fiscal year 2014 budget.

The council, however, did not endorse a pay raise for itself earlier this year when it had the opportunity to do so. Council and mayor pay raises can only be approved six months before a city-wide election, and the next time they can be authorized is in 2017.

"This is a common sense resolution," Richardson said, who emphasized that the proposal was not an actual vote for a pay raise.

Councilman William Carroll urged the council's more "conservative" members not to bend to constituency pressure of avoiding pay increases for elected officials.

"The fear I see from the conservative side of the council is the fear of a whiplash from what the general public might say about additional revenues going to an elected official," Carroll said. "If you are afraid of what the public is going to think, you need to educate the public on what actually happens in these chairs. The public is unaware of the midnight and 2 a.m. phone calls for service."

Carroll also said any consideration to reduce council member or the mayor's pay could lead to a situation where only the privileged serve.

"If at some point that Mobile feels as if those we elect should not be compensated, then we've gone backward," he said.

Mobile's new website for worthless checks

MOBILE, Alabama – Businesses that don't have the ability to electronically verify the worth of a check written to them now have a resource available through the Mobile County District Attorney's Office that can help them avoid worthless-check writers, or get money back that is owed them.

On Monday, District Attorney Ashley Rich announced a new function to the website MobileDA.org, which allows the public to see information about the people writing bad checks, and also an access point where those who have done so can pay back what they owe.

"The automated payment system allows personnel within the District Attorney's Office Check Enforcement Division to direct more of their efforts to trying to find these bad-check writers," Rich said. Currently there are 36,656 active worthless checks in her office's database. During the 2012-2013 fiscal year, more than $627,000 in fees and restitution was collected by the bad-check unit, she said.

The new online database should dramatically increase the amount collected, Rich said, and it has already led to many tips from the public as to where some of the bad-check writers can be found.

"Writing a bad check is a crime and we will prosecute anyone who does write a bad check to a merchant when they know they do not have the money in the account to cover the goods and services that are being provided," she said.

To view the photo database, users can log onto the MobileDA.org website and go to the tab on the right that says "Bad Check Writers." For those who would like to pay for a check they have written, there is a tab labeled "Check Writers Pay Online" just below that. Payments can also be made through an automated telephone system, at 877-958-8454.

Another service the district attorney's website provides is the ability for merchants to make their own most wanted posters for bad-check writers who have victimized their businesses. Under the "Protecting the Community" tab at the top of the website, there is a "Most Wanted" link that allows merchants to choose a photo and information to be included on the printable poster.

For more information, visit MobileDA.org. To report a worthless check, contact the District Attorney's Office at 251-574-5775.

If you have been improperly placed into the website, or have issues reguarding your offense, Attorney John W. Cowling can help you in you defense. Contact our Mobile office at 251-432-7667 today.

Things to Consider When Hiring a Criminal Defense Attorney

There are a number of things to consider when interviewing and hiring a criminal defense attorney. Does the lawyer have the necessary skills and experience to handle your case? Do you agree with the proposed strategy? Do you have confidence in him or her? Is that confidence well placed?

This article discusses all of these considerations in more detail.

Before hiring a criminal defense attorney, you should meet the lawyer to discuss the legal charges against you. The purpose of this meeting is to:

• Decide whether this is the criminal defense attorney you want representing you
• Tell the lawyer about the accusations against you
• Give the lawyer your version of what happened and any other facts that may be relevant
• Get to know the lawyer, his or her background, and experience

Evaluating a Criminal Defense Attorney

Be careful interpreting the advertisements criminal defense lawyers use. Dont assume a lawyer is an expert in a particular area of the law. Its important to learn about background and experience.

Because youll be facing specific charges brought by a prosecutor, you want to make sure your criminal defense attorney has sufficient experience with those charges. Its also helpful if your lawyer is familiar with the prosecutor handling the case. Ask:

• How long has the lawyer been defending clients facing federal or state felony charges?
• How often does the lawyer appear in the courthouse where your case will be heard?
• How well does the lawyer know the prosecutor trying your case? Have they worked opposite one another before? How would the prosecutor describe the lawyer as an opponent?
• What percentage of the lawyers practice consists of representing clients facing similar charges?
• If the attorney practices in other areas as well, what percentage of the workload consists of criminal defense cases?

The ideal attorney will have experience with the exact charges you are facing. Its also helpful if he or she has a good reputation among the prosecutors who work out of the courthouse where you case will be heard.

Criminal Defense Strategy

The criminal defense attorneys you meet with will need to know what youre up against.

To understand the charges the local district attorneys office or U.S. attorney's office (for federal crimes) has filed, the lawyer may want you to fill out a questionnaire. Ask about any paperwork that needs to be sent to the lawyer ahead of the meeting, then make sure you follow through. This will give the attorney time to consider what strategies to pursue.

When you meet, let the lawyer lead the conversation. Some lawyers will want to hear about the case against you first before getting into your version of the events. Answer the questions that are specifically asked of you.

If you cannot get the prosecutor to drop the charges against you, you're facing several options. You can plead guilty, try to arrange a plea agreement in which you plead guilty to a lesser charge, or you can go to trial. Discuss each of these options and their consequences with the criminal defense lawyer. Depending on your states law, a guilty plea to a felony may result in mandatory jail time.

The criminal defense attorneys strategy will be tailored to the specific circumstances of your case. This includes the charges you are facing and the evidence the prosecutor has against you. As you discuss how the lawyer would handle your case, ask yourself:

• Does it sound as if the lawyer has a strong grasp of the law involved?
• Does the strategy seem reasonable?
• Do you agree with it?

In the end, you will have to live with the consequences of whatever strategy the criminal defense attorney pursues. If you have issues with it, this may not be the attorney for you.

Criminal Defense Legal Fees

If you've been charged with a serious crime, you need to find a criminal defense attorney quickly. You may not have the luxury of being able to shop around different lawyers and compare prices. Still, you should understand how a criminal lawyer charges for his or her time.

Most criminal defense attorneys will either bill using an hourly fee or a flat fee. Make sure you understand how much the attorney charges, what the fee includes, what the fee doesnt include, and how and when you must make payment. The discussion about money should take place before you hire an attorney so that there is no misunderstanding down the road.

Trust, Confidence & Judgment

One of the most important aspects of hiring a lawyer is not something concrete you can point to but how you feel about the attorney. You may be working with the lawyer for a while, and you'll want someone you can trust who shows good judgment and offers sound advice.

As you are meeting with a criminal defense lawyer for the first time, ask yourself a few questions to gauge your feelings. Ask:

• Is the lawyer patient with you as you ask questions?
• Does he or she take the time to explain unfamiliar concepts?
• Do you feel your questions were answered directly?
• Do you feel comfortable with the lawyers recommended strategy?

If you are unfamiliar with the criminal justice system, you'll especially want a lawyer who is patient with you and answers all of your questions.

After your meeting, its time to assess the lawyer. Is this someone you want representing you? How does he or she measure up when you consider:

• Experience
• Strategy
• Fees and expenses
• Trust, confidence, and judgment

If the lawyer rates favorably, then you have found your legal representation. Our main office is conveniently located just off Highway 59 in Loxley. Office hours are 9:00 a.m. to 5 p.m. Monday through Friday. Our offices have free on site parking and the Loxley office is handicapped accessible. Mr. Cowling will visit you in jail, if necessary. We accept MasterCard, Visa, Discover, American Express, cash and checks, and will work out a payment plan if needed.

When facing legal problems, time is not on your side. Determine your best course of action today by calling us for a free initial consultation or contact us via email by filling out the form on this website.

Mobile police seized hydroponic marijuana

A 27-year-old man is behind bars Friday after police seized hydroponic marijuana estimated to be worth nearly $50,000 during a narcotic investigation Thursday, said a Mobile Police Department spokeswoman.

Around 12:40 p.m. on Thursday, members of the Mobile County Street Enforcement Narcotics Team wrapped up a narcotic investigation on the 1100 block of Oak Street, said MPD spokeswoman Ashley Rains.

They seized a 2007 Chevrolet Trailblazer, $772 in cash and 6.5 pounds of hydroponic marijuana, which Rains said has an estimated worth of $48,750.

Justin Cole Labiche, of Mobile, was arrested and charged with trafficking marijuana in the case.

Records from Mobile County Metro Jail show Labiche has previously faced jail time on marijuana-related charges.

In 2004, Labiche was charged with first-degree possession of marijuana after police were called to a report of shots fired on Cody Road North. An officer found a gallon-sized bag filled with marijuana on the floorboard of a vehicle, which Labiche said was his, according to an officer's deposition.

Your Rights During a Police DUI Stop in Alabama

To ensure innocent citizens are not arrested, most states including Alabama, a police officer must have probable cause to believe someone is under the influence before he can require a person to submit to any form of blood alcohol concentration test.
Once a police officer has established probable cause, he can ask the driver to submit to a blood, urine or breath test either at a police station or a local hospital. A driver can refuse the test, but anyone who refuses the test may be assumed to be guilty under "implied consent" laws. One defense to a conviction based on a driver's refusal to take a blood alcohol concentration test is the fact that police officers did not make the consequences known to the driver who refuses the test.

Reasons the Police Use to Pull a Driver Over

Law enforcement may pull a driver over for changing speed erratically, going too fast or to too slow, an inability to stay inside the lines of a lane of traffic, failing to yield at stop signs, intersections, or stop lights or for aggressive driving.
Police officers often strike up a conversation immediately upon on any traffic stop to assess a driver's ability to carry on a conversation, maintain eye contact, etc. Police will be looking for signs of slurred speech, the smell of alcohol on a driver's breath, bloodshot eyes, or even the occasional comment by a driver that he is coming from a party or a bar.

Should You Answer the Officers Questions?

The side of the road is no place for an argument with law enforcement and it's no place for you to start making legal arguments. Save your legal arguments for the court. You should be polite and know that you do NOT have to answer any questions without a lawyer present. You will obviously draw more suspicion to yourself if you are not respectful or if you do not answer questions so it is wise to answer any questions politely and as with vague information rather than specifics. You should not disclose any information about any alcohol you may have consumed. Do not tell police that you only had a couple beers during the game, or that you were at a party or a bar. That information will only lead them to pursue probable cause to further test for DUI or to arrest.

Avoiding the Field Sobriety Tests and Chemical Tests

You also have the right to refuse a field sobriety test or chemical test. The field sobriety tests are subjective and can easily be used against you even if you think you can pass them. Your refusal might also frustrate the police officers. If the police threaten you based on your refusal to submit to the tests, you should respectfully tell them that you will perform the test because of their threats but that you do not consent to the tests. That evidence can be used later in court to suppress the results of the tests.
Chemical tests are also subjective because there are medications and conditions which can lead to false positive results on chemical tests. Be aware though that the fact that you refuse the tests can be used against you if your case goes to court and the police officer must make you aware of that consequence. Generally speaking, there are penalties if you refuse a chemical test and some states will use your refusal as a basis to declare for stiff penalties. You always have the right to contact an attorney before you submit to any test.

Police Need Probable Cause to Make a DUI Arrest

In most states, police need probable cause before they can make an arrest for driving under the influence. As discussed earlier, probable cause can be made through observations made by law enforcement. The observations are subjective and dependent solely on the police officer's judgment. Police can use observations of slurred speech, weaving while driving, and other impaired actions in order to prove reasonable cause for an arrest. Field sobriety tests can also be used to show probable cause.
There are some states which now allow road check points to check every driver for possible impairment, regardless of how a person appears to be driving. These road check points have been held as constitutional by the United States Supreme Court. It was a divided court where some justices said the importance of stopping drunk driving outweighed the possible infringement of rights to privacy, while some justices felt the infringement was not justified.

Is it Legal For the Police to Search a Drivers Vehicle?

Police Officers are allowed to confiscate anything in plain view when they approach your car during a traffic stop. It is always wise to keep things out of plain view. In order for a police officer to search your car, or to look in the glove compartment, or trunk, he must have probable cause or a reasonable suspicion that he will find something illegal. If he does not have a reasonable suspicion, then he will have to get a search warrant to search your car (which also requires a reasonable suspicion). If you were pulled over for a broken headlight, for example, it would be difficult for an officer to justify the need to search your vehicle. However, most drivers allow police to search their cars, and if you consent to a police search, it is legal for him to do so. You should never consent to the police searching your vehicle. If you do not want to be argumentative with the police officer, you can just say nothing, which is the same as not consenting, or you could say that you would like to talk to a lawyer before answering questions or before allowing a search.

Your Miranda Rights

Police do not need to read you your Miranda rights until they have you in custody. The police can ask you questions and if you answer the questions, then your answers can be used as evidence in a court. When police are questioning you on the side of the road, you do have the right to be silent, but they do not have to inform you of that right. It is possible to have a conversation with police while remaining polite and respectful without disclosing information which refers to any alcohol you may have had or any other incriminating information. Only after you are under arrest and in police custody do the police have to read you your Miranda rights. At that point, you should ask to speak to a lawyer for dui and not say anything else.

Let us help you with your DUI charge. Call DUI Defense attorney John W. Cowling in Loxley at (251) 947-7667, our Mobile office at (251) 432-7667, or use our email form and contact us today.

Making poor decisions at the Kenny Chesney concert in Orange Beach this weekend could spoil your good time.

"For a lot of Kenny Chesney fans, Saturday's concert in Pittsburgh couldn't last long enough.
For the Steel City, however, there was a lingering reminder of the rowdy crowd: a sea of garbage remained once the tailgaters had departed. Photos and videos have been hitting the internet, showing the mess that was made of Pittsburgh's North Shore area after the concert at Heinz Field. While most of the mess was from discarded alcohol containers and other pre-concert goodies, some people went so far as to leave behind reclining chairs." As reported by One Nation.

It's easy to imagine that someone could get arrested in Alabama at the Flora-Bama this weekend. Drug possession and Public Intoxication is just a couple of allegations that you or someone you know might end up facing. Being accused of a crime can be devastating and embarrassing, leaving you to face uncertainty about your future. If you are charged with a DUI, Drug Possession or Public Intoxication, even if it's your first, you could face jail time, high fines and other penalties including having your money or property confiscated. A simple Kenny Chesney concert coupled with excessive drinking and poor decision making can make for a very long weekend.

I am Defense Attorney John W. Cowling, and if you or a friend ends up on the wrong side of the law this weekend, you will need a competent defense attorney to be there for you. I have been practicing for over twenty years throughout Southwestern Alabama, and have handled cases in the criminal courts ranging from murder charges to speeding tickets. With my broad experience and reasonable fees, my office can provide quality, affordable legal assistance to you in a variety of matters.

Let us help you with your charge. Call Defense Attorney John W. Cowling in Loxley at (251) 947-7667, our Mobile office at (251) 432-7667, or use our email form and contact us today.