July 14th, 2009 at 09:02pm
Under Drunk Driving Law
“One out of 10 children ages 12 and 13 uses alcohol at least once a month. In a single year, 522 children under age 14 were arrested for driving while intoxicated, (113 of them were under 10 years old). 70 percent of all teenagers drink alcohol. 60 percent of all teen deaths in car accidents are alcohol-related.
According to the National Highway Traffic Safety Administration, over 17,000 people were killed in alcohol-related traffic accidents in the United States last year, a rate of one person every 30 minutes. Even more alarmingly, almost 1/3 of the 15- to 20-year-old drivers killed in motor vehicle crashes in the U.S. had been drinking.
Statistics show that approximately 70% of all teenagers drink alcohol, including 1 out of 10 children between the ages of 12 and 13.
Safeguards against Underage Drunk Driving:
Parents and older siblings must be aware that they are role models to younger family members, and should be cognizant of what kind of examples they set in regard to both their driving and drinking habits.
Restricting access to liquor and automobiles at home may be an effective preventative measure in the short term, but it is even more advisable to confront your son(s) and/or daughter(s) about the serious risks involved with underage drinking.
Whether driving or riding as a passenger in a vehicle, always wear a seatbelt!
If you see vehicles that are speeding excessively or swerving, try to get a license plate number and call your Sheriff’s Office, the local or state police.
If a person has too much to drink and insists on getting behind the wheel, do not get into the vehicle.
If you are going to an event where alcohol will be served, take public transportation like buses or taxis, if possible.
Regardless of your age, if you believe you may have a drinking problem, consult a school counselor, health professional, or an alcohol support group (for example, Alcoholics Anonymous).
In reaction to teenage drunk driving statistics, states have enacted harsher penalties to punish teens that drink and drive. Most states have adopted zero tolerance laws which make it a crime for a teenager to operate a motor vehicle under the influence of any amount of alcohol. In addition to harsh penalties for teenage drunk driving, it is also a crime in most states for a minor to drink, possess, transport, buy or even try to buy alcohol. Parents can be penalized for furnishing alcohol to minors, especially in cases where teenage drunk driving was involved.
Teenage drunk drivers also face some serious legal consequences that will harm them into their adult lives. They face revocation of their driving privileges, stiff fines, probation, alcohol education and treatment, and community service not to mention potential jail/prison time for a severe offense.
If you have been involved in a teenage drunk driving incident, you may wish to speak to a qualified attorney who can advise you of your legal rights and options in a case. Because the laws vary by state and circumstance, a knowledgeable attorney can best help protect your interests in a teenage drunk driving case.
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By Law Article
July 14th, 2009 at 03:02pm
Under Drunk Driving Law
Drunk driving has been an ongoing issue not only the U.S., but in many areas around the world. Various organizations have tried different things to prevent drunk driving, but this problem keeps going on and on. It seems that every time you turn on the news, there’s a report about a celebrity who’s been caught drunk driving. This problem as become acceptable in our society. Some of the ideas that have been brought up to conquer this drunk driving problem include:
* Passing laws that prohibit open containers in public places. Some states also have laws that prohibit open containers in cars. Whether or not these types of laws have prevented drunk driving is actually difficult to know.
* Special designation on the license plates of people whose driver’s license have been revoked or suspended for a DUI/DWI.
* Restricting nighttime driving for younger drivers.
* Monitoring repeat drunk driving offenders with electronic devices such as ankle bracelets or installing breath analyzing instruments in their vehicles.
* Requiring the government to provide more education in schools and information about alcohol and drunk driving to prospective drivers.
* Have more public service announcements on TV and the radio.
Perhaps more education, increased awareness and harsher penalties would probably be the best combination to prevent drunk driving. Moreover, creating a sense of social responsibility in our children could further reduce DUI instances in the future. Being consistent in advertising or literature is important in educating people on the dangers of drinking and driving. A one-time TV ad or newspaper article isn’t enough these days to convince people to stop their bad behavior!
Maria Palma is a freelance writer dedicated to helping people find
San Diego DUI lawyers. Get help and information with your
DUI in San Diego. Contact Maria: maria [at] salondemaria.info
By Law Article
July 14th, 2009 at 09:03am
Under DUI Law
Arizona is one of the toughest states when it comes to DUI. If a drunk driver is pulled over and a police officer is suspecting that a driver is under the influence of alcohol or drugs, a sobriety test followed by the breath test is given to the driver. When the breath test shows blood alcohol level above the norm, the driver is arrested and charged with DUI. DUI laws in Arizona warrant for a mandatory time is jail, which amounts for thirty consecutive days. So, if you happen to be driving on Arizona road while under the influence of alcohol or drugs, you are out of luck. What can you do to fight for your rights if you have been wrongly charged with DUI?
The question that many drivers charged with DUI ask is how accurate is the breath test given by the police? The answer is, the test is highly inaccurate. So, if you are under the allowed limit of blood alcohol level, there is still a chance you may serve thirty hours of jail time, pay the fines, get driver’s license suspension and later have a restricted driver’s license that will only allow you to drive in the course and scope of employment. Once you complete a DUI program you may qualify to reinstate your driver’s license.
All those penalties create a hassle for the driver charged with DUI. Thus, it is important to know your rights and fight for your rights if you are charged with DUI based on the fact that flawed breath test device has shown exceeded blood alcohol level. If you think that your blood alcohol level was not above the limit, check out How To Dismiss Your DUI Charges In Phoenix, Arizona
By Law Article
July 14th, 2009 at 03:02am
Under Drunk Driving Law
One dilemma that continues to thrive in Los Angeles, California is the number of drunk driving accidents that citizens fall victim to each year. With the numbers increasing all the time, it is becoming ever more likely that you or someone you know will also become a victim. This growing concern makes it progressively more necessary for you to be aware of your legal options. There are many lawyers in Los Angeles that specialize particularly in these types of accidents and who are willing and able to offer you every advantage necessary to winning a just settlement. If you aren’t entirely sure if you need a drunk-driving accident lawyer, the best way to find out is to convene with one and converse about your claim. Oftentimes, law firms will give inexpensive or even free consultation time to those who aren’t sure whether or not they have a valid claim. If you’ve obtained injuries from your accident, it would be wise for you to consult with an accident lawyer as quickly as you are able to after the event. You should also receive any medical attention you may need for your injuries immediately. Sometimes victims claim that their wounds are too small to require medical attention. However, small injuries that are caused during drunk-driving accidents and are ignored can sometimes result in more serious and costly medical complications later in life. To avoid this scenario, it would be wise to consult the expertise of medical professionals, regardless of the triviality of your injury. After you’ve been advised by a Los Angeles drunk-driving accident lawyer, he or she will be able to offer you a precise calculation of the value of your claim. The settlement you obtain will help you pay the medical fees that were incurred in the care of your injuries. Many victims who are unable to work because of the injuries they’ve received also use the money to pay for other expenses, like a mortgage payment, utility costs, and more. An informative and educated Los Angeles drunk-driving accident lawyer will determine the amount of your needs and your expenses when deciding the fairest value for your claim.Once your lawyer has helped you earn your settlement funds, it usually takes a certain amount of time for the money to reach you. In addition, it is typically dispersed in monthly installments over another period of time. Some find that these installments are not enough to immediately cover the medical fees they have incurred while receiving care for their injuries. If you find yourself in a similar situation, your lawyer can recommend to you a pre-settlement lender. Most lawyers know reputable lenders who offer pre-settlement advances to clients in need. These loans can help cover the cost of medical expenses that may be due before your settlement arrives in its entirety. This means you can pay the bills you have due now even though you won’t receive your settlement funds until later.
By Law Article
July 13th, 2009 at 09:01pm
Under Drunk Driving Law
You may be one of the safest drivers in California, but that doesn’t mean you aren’t susceptible to becoming a victim of a Los Angeles drunk-driving accident. The number of drunk drivers on the roads continues to skyrocket in Los Angeles, California particularly, but the number of victims is increasing all over this beautiful state. Although you may be on the lookout for potentially dangerous drivers around you, most victims become involved or injured in drunk-driving accidents at a moment when the crash is least expected. Simply stated, you could be injured in one of these accidents at any time, so it’s important for you to know where you can go for legal consultation. If you’re one of many who have recently become an injured victim in this type of accident, you need to contact a specialized drunk-driving car accident lawyer in LA.Some of the most important aspects of your accident case that you need to know are your rights as a drunk-driving accident victim. Your rights will likely be unique to your role in the accident. For example, if you were a victim in another car hit by a drunk driver, you are likely to have different rights and responsibilities than a passenger who knowingly got into a car with a drunk driver. It is important for you to understand all of these rights as you and your lawyer work together to defend your case in court.To understand the rights you possess in your specific circumstances, you should seek the representation of a specialized drunk-driving accident lawyer. Lawyers specialize in a variety of legal areas because each one is different, whether slightly or greatly, from another. A specialized accident lawyer will likely offer you better legal counsel regarding your case than one who specializes in a completely different segment of the law.Although hiring a lawyer as soon as possible following your personal injury in California is important, the most important priority you have is to take care of your injuries. Contact a medical professional immediately following your accident. He or she will be able to determine how serious your injuries really are. A question that most lawyers will ask a new client during their first consultation together is “How serious are your injuries?” Only a professional doctor can determine the answer to that question, so visiting your physician following your accident is crucial, even if your wounds seem trivial.One of the most common errors that accident victims make when looking for a lawyer is choosing one by price. Unlike a trip to the Nordstrom clearance rack, you may not be getting more bang for your buck when you shop for a lawyer based on the fees they charge. Not all lawyers come out of school equally, unfortunately. A lawyer’s education must consist of not only exceptional persuasion and knowledge, but moral character and ethicality. There really is no price tag that can be placed on honest representation, so don’t settle on a potentially shifty attorney or law group simply because they’re willing to offer you a better deal for their services.
By Law Article
July 12th, 2009 at 03:04pm
Under Drunk Driving Law
“Alcohol is a hypnotic sedative and nervous system suppressive. Addiction to alcoholism has become a major social problem. Driving under influence of alcohol has become one of the common feature and cause of accidents today. As per studies carried out by NHTSA in 2006, Alcohol-related motor vehicle accidents under influence of alcohol kill someone every 31 minutes and injure someone every two minutes in US alone.
In 2005, 16,885 people died in alcohol-related motor vehicle crashes, accounting for 39% of all traffic-related deaths in the United States (NHTSA 2006).
In 2006 there were 17,941 driving fatalities related to alcohol. This was 41 percent of the total 43,000 fatalities.
An alcohol-related motor vehicle crash kills someone every 31 minutes and nonfatally injures someone every two minutes (NHTSA 2006).
Drugs other than alcohol (e.g., marijuana and cocaine) are involved in about 18% of motor vehicle driver deaths. These other drugs are generally used in combination with alcohol (Jones et al. 2003).
Each year, alcohol-related crashes in the United States cost about $51 billion (Blincoe et al. 2002).
Most drinking and driving episodes go undetected. In 2005, nearly 1.4 million drivers were arrested for driving under the influence of alcohol or narcotics (Department of Justice 2005). That’s less than one percent of the 159 million self-reported episodes of alcohol–impaired driving among U.S. adults each year (Quinlan et al. 2005).
Half of all holiday driving fatalities are alcohol-related.
Most people with DUIs are not alcoholics.
About 80 percent of alcohol-related fatalities are caused by beer consumption.
About two in every five Americans will be involved in an alcohol-related crash at some time in their lives. (NHTSA, 1996)
In 2004, 30 percent of all fatal crashes during the week were alcohol-related, compared to 51 percent on weekends. For all crashes, the alcohol involvement rate was 5 percent during the week and 12 percent during the weekend. alcohol-related crashes tend to be much more serious.
It is estimated that 2.6 million drunk driving crashes each year victimize 4 million innocent people who are injured or have their vehicles damaged.
Male drivers involved in fatal crashes were nearly twice as likely to have been intoxicated (21.8%) than were females (11.2%).
18-20 year olds are responsible for more than 10 percent of the drunken driving trips in America.
More than 2,300 anti-drunk driving laws have been passed since 1980.
In addition to possible jail time and fines, a DUI conviction is cause to have your insurance policy revoked and rates to skyrocket. Many people will be forced to get SR-22 insurance.
Ways to Avoid Driving Drunk:
Get a designated driver.
Drink at locations within walking distance of your home.
Call a cab.
Search for services that will take both you and your car home if you are drunk.
Look for public transportation in larger cities.
Ask the bartender for help and let him know if you are the designated driver.
Offer to pay for a cab or drive friends home if they are drunk.
Drink nonalcoholic beverages.
Life is precious. It is in our hands to curb this menace.”
By Law Article
July 12th, 2009 at 09:03am
Under DUI Law
DUI laws now entail reform which will continue to sweep the nation. In the past it was a few states that took the forefront when it came to arrests and prosecutions. Some instances may have seemed onerous or even is some cases unconstitutional. Yet, despite opposition. Many of these changes in legislation are now law.
Myriad states have been under serious pressure to lower the thresholds for evidentiary prosecution and to raise the bar in regards to ramifications and punishments. Activist groups like SADD and MADD have for many years led the charge for reform and are no longer small groups with a weak cry. In fact, they are well organized and well funded. The type of resources they wield equates to political clout.
It is no secret that politicians whether incumbents or those up for first time election make DUI reform part of their political platform. This is despite opposition by civil rights groups who will argue that many of the changes border on violations of civil rights. Many of the tactics and procedures being used in the majority of the United States by police officers and sheriff departments have been characterized as being Draconian and at minimum onerous.
The opposition has achieved little traction in their efforts to dilute widespread reform as it is has become clearly politically incorrect to appear to condone drunk driving especially when so many states can tout death rates due to alcohol related accidents diminishing at an unprecedented rate. These statistics have been the impetus to quickly attract some of the states that were lagging in DUI reform.
Some states have actually initiated test programs whereby under specific circumstances if a police officer who senses a motorist may be intoxicated to the point they exceed the legal limit (in most states is .08 for Blood Alcohol Content), then the motorist is subject to immediate imprisonment if they do not agree to a field chemical test. The motorist in some scenarios is then taken to the police station whereby a round the clock rotating judge system awaits them. It could be adjudicated that a blood sample be drawn voluntarily or involuntarily.
If the above sounds over the top to you, you are by no means in the minority. Few individuals realize that the majority of states require a series of implied concessions to receive a driver’s license in their state. You have agreed to many of the procedures and potential consequences as a predicate to the issuance of your license.
These laws are sometimes referred to as a violation of the state’s per se laws. In addition, most states are now moving to what is called an actual physical control state. This means any individual, not just the driver, may be prosecuted. The law stipulates that an individual must have exclusive physical power and present ability to operate, move, park or direct whatsoever a motor vehicle.
Types of DUI laws can be complex and confusing. If a person is asleep or simply sitting in a motor vehicle they may be guilty of DUI. It is critical that you research and hire a quality DUI attorney. Do not settle for deals or vague promises of success. The cold truth is that the prosecution is not looking to find you innocent. A skilled and experienced DUI attorney is paramount in order to have a chance for a positive outcome.
By Law Article
July 11th, 2009 at 03:03pm
Under DUI Law
DUI laws seem to be constantly changing. At any given point, multiple state legislatures may be debating new laws that change how drunk driving is charged, how evidence is collected and what penalties are handed down for convictions.
Consider, in the first three months of 2009:
With drunk driving laws changing so rapidly in so many states, what can you expect if you get pulled over?
During your traffic stop
A police officer must have “probable cause” in order to pull you over on suspicion of drunk driving. Reasons for a traffic stop may include:
Once you have been pulled over, a police officer may ask you to perform field sobriety tests (such as the one-leg stand test). The officer may also ask you to submit to a breath test. Using a small machine, such as a breathalyzer, you breath into a tube and the machine uses the breath sample to gauge blood alcohol content, or BAC.
Some of the new DUI laws being considered are making it easier for police officers to get the search warrants needed for a blood sample, used to determine blood alcohol content. Some states are also increasing the penalties for anyone who refuses a breath test.
DUI Penalties
The penalties for drunk driving vary widely from state-to-state. In general, drunk driving sentences for first-time offenders will include:
Some states DUI punishments may also include:
The penalties for a DUI conviction increase, sometimes dramatically, for multiple DUI arrests. There may also be additional penalties for anyone that refuses a breathalyzer during a DUI traffic stop and is later convicted.
Most of the new state DUI laws increase the punishments for DUI convictions, whether it’s a first-offender or someone with a history of drunk driving.
The most common changes include increasing fines and jail time, but the use of ignition interlock devices is also on the rise.
Ignition interlock devices must be rented, installed and monitored at the driver’s expense. Once installed, the devices require the driver of the car to pass a breath test or the car will not stop. Typically, the driver must also pass additional tests while driving.
The devices also have built-in features, such as digital cameras, to prevent tricking the machine or altering test results.
Experienced in the field of DUI and protecting criminal rights, I want you to know your rights in case you are charged with drunk driving.
By Law Article
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