Posts Tagged ‘driving’
Saturday, July 24th, 2010
DUI means driving under the influence of drugs or alcohol. It is sometimes also called DWI and OUI (Operating Under the Influence). If you test at a .08% blood alcohol level or above it is used as evidence of Driving Under the Influence and that is illegal in all states.
A DUI sounds pretty open and shut doesn’t it…Driving Under the Influence. Pretty straightforward, right?
Let’s look into this seemingly obvious definition in more depth to demonstrate some possible areas where an astute attorney can attack a DUI charge.
Driving Requirement
The requirement of operating or driving suggests that the driver must have some sort of control or command of the vehicle. Innocence or guilt may hang on whether the defendant was actually “driving” in a given circumstance. What if he or she was just sitting in the driver seat but the motor was off? What if the defendant was catching a few Z’s there? What if the keys were in the defendant’s trouser pocket and not in the ignition? What if that car was out of fuel and could not be started? What if the car was idling and not in gear? What if it was being towed? Courts all around the nation have considered various scenarios to determine whether or not the required control over the vehicle was present and the outcomes vary by state and by the individual context of the situation. Vehicle Requirement Cars, trucks and vans are clearly considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ by state. Intoxication One way prosecutors try toprove driver intoxication is through lab analysis of the amount of alcohol in the defendants body, usually by analyzing the blood or breath. These tests are usually administered by machines, such as the Breathalyzer. In a state, a person with a BAC (blood-alcohol concentration over .08 is considered intoxicated.
Implied-consent laws create the legal presumption that if one takes advantage of the privilege of operating an automobile, she or he automatically consents to state-administered chemical testing to determine his or her blood alcohol concentration. If a driver refuses to take the test, his or her license may be revoked or suspended.
BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration or problems with the test equipment. For example, your attorney may recommend retesting of the breath samples. One may be able to obtain exclusion of the original breath sample test results from the case or even dismissal of the case.
Other types of evidence that can be used by prosecuting attorneys to show intoxication include drivers’ statements, witness and police observations of behavior of driving patterns and circumstantial evidence. An example of a type of possible relevant circumstantial evidence is that a the accused, before driving, spent the afternoon at a party where drinking games were played.
Police also gather important evidence of inebriation by administering tests at traffic stops. Common field sobriety tests include:
* Finger-to-nose test
* One-legged stand
* Walk-and-turn test
* Horizontal-gaze-nystagmus test
* Picking up coins
* Counting backwards
* Reciting the alphabet
* Throwing and/or catching a ball
Conclusion
Driving is the basis of the American style of living, permeating every activity we do. We dependon driving to get to work, to associate with friends, to run errands and to take a holiday. Licensed drivers drive juveniles, people with physical disabilities and senior citizens to important appointments and activities. A DUI conviction can bring a screaming halt to your life. If you face a conceivable problem with driving under the influence, a lawyer can fight for you and help take care of your interests and those of your beloved relatives.
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Tags: alcohol, alcoholism, Attorney, beer, driving, law, Lawyer, Legal, Wine
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Sunday, July 18th, 2010
You have been charged with DUI. You know that you are facing fines, license suspension, and even potential jail time. Maybe this is your first DUI citation, or maybe it is your fourth. The trust is that many DUI offenders are alcoholics, but they don’t know how to deal with their situation. For the following reasons, it is a good idea to tell your DUI attorney if you know or think you have an alcohol problem.
1) Establish Trust.
Telling your DUI attorney from the outset a fact that is not easy to admit will provide instant trust to your lawyer-client relationship. Your DUI attorney is one of several people that can provide you immediate assistance after you are charged with DUI. You want to get off on the right foot, and you always want to be honest with your attorney. This gives you the best opportunity to create a strategy for your defense and your life.
2) Sentencing Alternatives.
Many jurisdictions offer sentences that don’t include jail time or hefty fines. If one of the goals of the criminal system is rehabilitation, then DUI defendants are prime candidates to target with that goal in mind. Diversion programs, substance abuse classes, driving schools, and other education-based programs are a better alternative to locking someone up, letting them out, and having them drive drunk again.
3) Easier to Help.
Your DUI attorney will have a hard time helping you if he or she doesn’t know what kind of help you need. By admitting that you have a problem, your DUI attorney can then seek help from different sources, and not necessarily the court. A good DUI attorney will have resources available to utilize, and contacts that could help you with both your tendency to drive after drinking and with your alcohol problem as a whole.
4) Your Life May Depend On It.
More than anything, your DUI attorney has the proverbial keys to your life (pun intended). Continually driving under the influence of alcohol not only endangers the lives of other innocent strangers and friends, it also endangers your own life. For that reason alone, if you have a problem, you need to tell your DUI attorney who can provide solutions where needed.
It takes more than a good DUI attorney to help with an alcohol problem. But admitting to your DUI attorney that you are an alcoholic is a good stepping stone in the process of solving that problem. Additionally, you will have laid the foundation for defending your DUI case and, together with your attorney, you can create a strategy moving forward.
DUI laws vary from state to state, and you should consult with an attorney if you receive a DUI citation. If you are in need of help for a DUI in Maryland or DC, contact a Maryland DUI attorney or DC DUI attorney.
Tags: addiction, alcohol, alcoholic, alcoholism, Attorney, citation, driving, DUI attorney, DUI charge, DUI citation, dui lawyer, Health, law, Lawyer
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Friday, July 9th, 2010
If you happen to be driving without a permit to drive because your permit has been confiscated then you are driving under suspension. The system of government has removed it for a specific amount of time and it is prohibited that you operate any vehicle. You may be liable to be guilty of another offence by driving at this time.
In general the provinces in Canada have very similar traffic laws and criminal code. The cost of the penalty may vary depending on the number of occasions that this has occurred. A prison term is also possible in some cases. Stiff penalties exist for some of the serious offenses.
The driver who is stopped by the police and is found to have a suspended license may be detained and arrested. It is possible that the vehicle will be seized awaiting the results of a trial. At trial the length of time in custody is determined.
By being considered disqualified this means that you have been disqualified following a criminal driving infraction. You are prohibited to drive anywhere in the country even on private property. The vehicles included are any heavy equipment or machinery and any type of motor that powers a vehicle including electrical power. There is a period of custody following the arrest. The court will evaluate the offence in relation to the location where the offence was perpetrated. The accused will then be fined or imprisoned.
Another reason that your license may be revoked is if you did not pay the amounts ordered by the court for support to your family. You can have it reinstated by making the required payments to the court and to your family. The fines levied for this infraction is the same as the ones for traffic violations and any further violations may lead to a prison term.
Those drivers without liability insurance who are in an accident may possibly lose their license due to their inability to pay damages. In this case the revoked license can only be redeemed once payment has been made in reimbursement of the damages. If this driver decides to drive without having paid the damages then he will be fined and if this has happened previously there is a possibility of a prison term.
You may experience the loss of your permit by driving dangerously or if you decide to do driving stunts on the road. Continuing to drive after suspension will lead to consequences such as fines and possibly a prison term. Subsequent violations will be dealt with quite harshly and could mean a prison term of up to 10 years. In some provinces there is a point system, which is used to monitor traffic violations. You may also be liable for suspension under this system.
It may be time to renew you permit however your permit is under suspension. You have not paid the fine or completed your prison term then you cannot renew it. The demerit point system would put you in this same position that you are not able to renew it until your points are reinstated. Usually, those with only a first offense will not be given jail time.
In need of professional and affordable representation for your DUI Durham. As Ontario’s leading criminal lawyer Toronto services provider, they are commited to providing effective legal services that you can afford.
Tags: Accident, Attorney, automotive, crime, criminal, criminal lawyer, driving, drunk, drunk driving, dui, law, lawyers, Legal, police, vehicle
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Wednesday, June 23rd, 2010
Many of us are partial to a big night out and the large majority of us are decent enough not to get behind the wheel of a car after drinking, but how cautious are we about driving the next day? Many people would chose to go on a night out and stay at a friend’s house before driving home or to work in the morning but this can be just as dangerous as driving the night before.
Depending on what country you are in, the legal limit for driving is around 50 – 80 milligrams of alcohol in 100 millilitres of blood. You will easily reach this limit with just a couple of units of alcohol so imagine how 10 – 20 units would effect you even after a nights sleep. Obviously the tolerance to alcohol depends on an individual but the general rule of thumb is that one unit remains in the bloodstream for one hour.
The build up of alcohol can often take more than 12 hours to process through the body and it can still have an effect up to a day later. Many people will often stay up to the early hours of the morning on a night out or at a party meaning they don’t get a full nights sleep, especially if they are getting up at their usual waking hour. They assume that after sleeping the effects of the alcohol will have worn off but this is not the case.
An astonishing number of people drive while under the influence of alcohol the morning after drinking, but not all are so innocent; most do not realise that they are over the limit but some assume that even though they might still be breaking the law there is a much lower chance of being caught in the morning than at night when the police are waiting.
Police are wise to occasions when people drink heavily such as weekends and holidays and will plan accordingly. The morning after Christmas, New Year’s Day and other holidays are times when forces perform random stops and road blocks. This is primarily a deterrent but they also aim to crack down on offenders.
It’s not just residual alcohol that can impair your ability to drive; a hangover is caused by the brain being dehydrated which means you will find it difficult to concentrate. A bad hangover will mean you are less alert, lethargic and have impaired vision, not to mention a sore head. Combined with residual alcohol levels this makes for a deadly combination that can catch unsuspecting victims with devastating consequences. The simple answer is to wait at least 12 hours and if you feel hung over, don’t drive.
Getting caught over the limit in the morning can still land you with a drink driving ban and many people end up hiring a driving offence lawyer to get them off the hook.
Tags: alcohol, Attorney, ban, beer, cars, crime, drinking, driving, fast, law, Lawyer, licence, motoring, offence, solicitor
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Thursday, June 10th, 2010
It can really set you back when you get a ticket. People are often not prepared to pay for a ticket and the process is a real hassle. If you want to make sure that you never get any traffic tickets you need to use this guide to help you out. Those who can stay cool can easily get out of a ticket and save their money.
You do not want to draw too much attention to your car. Many people like to custom paint their cars or add flair in order to make it unique. This will only make you stick out even more to police officers looking to give out tickets. Try to make moderate changes to your car so that you do not become a target to get pulled over.
When you are driving around town, speed limits tend to change depending on where you are. Make sure that you are paying attention to all of speed limits. Some people can get confused and can essentially get a ticket for speeding or suspicious driving.
Some states have started installing traffic cameras in order to catch speeders when cops cannot. You should be careful when you hit an area with these cameras installed. Those who cannot seem to slow down in time get their picture taken and a speeding ticket comes in the mail. Getting a certain number of these can eventually put bad marks on your driving record.
If you do get pulled over by a police officer you need to make sure that you remain as calm as possible. People often get nervous and will calm up and stay silent when the officer is talking with them. You need to stay calm, have all of your information ready and explain your situation to the officer. If you can do this without crying or blubbering, you are more likely to avoid traffic tickets.
If an officer hears a hint of attitude in your voice, you are going to get a ticket. You should make sure that you drop any sort of attitude that you might have towards the police. Many people dislike the police simply because they are trying to keep people safe. Rather than getting annoyed and rude with the officer, simply cooperate and they are going to work with you.
Try to ensure that you talk with the officer rather than yell or cry. In these situations, an officer is more alert and prepared to give you a ticket and send you on your way. If you were unaware that the speed limit had changed, you may be able to explain that to them and get off with a simple warning. However, if you have warnings on you in their system you will get a ticket. Ensure that you obey the law.
It is not very hard to avoid traffic tickets. Ensure that you have everything legal within your car and you do not break the law. If you have a broken headlight or tail light, you are more likely to get a simple warning to have it fixed. If the officer pulls you over a second time and you have not fixed the problem, you will surely get a ticket. Do what you can to pay attention while driving and stay out of trouble!
In need of professional and affordable criminal lawyer Toronto for your DUI Durham. As Ontario’s leading legal services provider, they are commited to providing effective legal services that you can afford.
Tags: Accident, Attorney, automotive, business, crime, criminal, criminal lawyer, driving, law, lawyers, Legal, people, police, Society, vehicle
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Thursday, May 20th, 2010
Getting speeding tickets these days can be aggravating and the fine can be costly. Depending on the speed you were going over the posted speed limit you may have a few options for contesting the ticket. There are some methods to help you from getting a ticket in the first place such as purchasing a radar detector if local laws where you live allow it. In many cases you may qualify for a reduction in the ticket if there are any driving classes available for you to take in person or online.
One of the most common ways to contest a ticket is to show up for a court hearing as writing on your ticket or as instructed. Before the judge a person can plead whatever case they have to have the ticket dismissed however this may be difficult. You should know right away if it will be dismissed however the policeman who ticketed you may appear as well. In this case you might not be successful in getting your fine disregarded but in some instances the Policeman may not appear which may get it dismissed.
For one the best ways of prevention there may be some options in detection such as Radar detectors. These devices sit either on your dash board in your car and can detect a variety of Police signals including Radar, Laser and other radio frequencies come into use. Do become familiar with your local laws as this could be illegal to use or have one in your car or even to own one. However seeing the many benefits of have a Detector in your car can further prevent future speeding tickets greatly used with care.
It pays to avoid a speeding ticket all together especially when it comes to your car insurance rates. Even just one ticket can make your premiums jump in some cases based on several insurance companies. A person is more likely to have an accident the more a person speeds based on some statistics. So if you want to stay away from Rate hikes then slow it down and drive slightly under the speed limit.
Become aware of speeding traps in your area if you are not already familiar with your city. Ask around most people know where Police set up a speed trap and usually they can be very predictable. You can avoid these areas altogether or just slow it down when you do go through an area known for traps.
Most cases people who are focused on driving with no distractions such as talking on the cell or playing with the radio are more likely to steer clear of Speeding tickets. Paying more attention while on the road can even save you from more instances such as accidents and running red lights. With all the distractions today it’s easy to become preoccupied when on the road but with a little attention to details it will keep money in your pocket.
Make it a habit to check your car for any broken head lights, missing license plates in the front or rear and the license plate bulb can keep those fines away. Police are more likely to pick out a car that has any visible defects so in addition to getting a speeding fine you could find yourself getting another if stopped for speeding. Some simple daily checks for such defects could end up saving your hundreds more in the long run.
With all the various ways police are checking your speed, putting up cameras and setting up speed traps it can be very difficult to avoid getting a speeding ticket. Now with a little driver’s education, time and patience you can take several measures to avoid getting a fine moreover save yourself the aggravation and money of getting speeding tickets Mississauga
In need of professional and affordable representation for your speeding tickets Mississauga. As Ontario’s leading legal services provider, they are commited to providing effective legal services that you can afford.
Tags: Accident, Attorney, automotive, cop, crime, criminal, criminal lawyer, driving, drunk, drunk driving, law, lawyers, Legal, police, vehicle
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Sunday, May 16th, 2010
Today’s youths are growing up almost as attached to their cell phones, PDA’s, iPod’s and other mobile electronic devices as they were upon birth to an umbilical cord. By the time they learn to drive, they have the habit and won’t let go. The trouble is, driving while calling, texting or checking the Internet can be fatal.
Recent studies show an increase in teen car crash traffic accident fatalities that’s attributable to two things: more driving by teens at night, and more driving by teens while texting or using a cell phone.
In the years between 1999 and 2008, nighttime fatal car crashes with teen drivers rose by 10 per cent. Night driving deaths increased at a lesser rate for older drivers, and driving fatalities overall declined in this time.
A senior research specialist for the Texas Transportation Institute, Bernie Fetts, told the Associated Press that the increased deaths come from a “perfect storm” of key elements. One is driving at night, which is inherently more risky for anybody in any age group. Another is texting or calling while driving, which impacts a person’s ability to focus on driving.
Teens tend to think otherwise, since they know they send text messages with ease. But texting is still a distraction, diverting them from giving their full attention to driving. And momentary inattention while driving can be fatal. Indeed, the yearly toll for drivers calling, emailing or texting is about 6,000 persons dead and 500,000 injured. Were those texts worth it?
Increasingly, Americans are recognizing the dire consequences of calling and texting while driving. So far, 23 states have passed laws banning texting while driving. The national organization FocusDriven was formed to fight distracted driving via cell phones or texting in much the same way Mothers Against Drunk Driving was formed to fight DUI accidents.
Oprah Winfrey of talk show fame also has created her own response to the car carnage: a “No Phone Zone” pledge for teens to sign. Those who sign promise not to text or use their cell phone while they are driving.
Jim S. Adler & Associates strongly endorses such safe driving initiatives and exhorts all drivers of all ages to save their phone calls and texts for a proper time – when they aren’t responsible for guiding a multi-ton vehicle through complicated traffic at often high speeds. Teens may say such calling and texting won’t be enough to divert them from driving safely, but those who have died in texting car accidents indicate otherwise. Texting car crash accidents occur daily, and your teen’s surprise first time may prove to be their fatal final time.
Jim S. Adler & Associates is a longtime Texas personal injury law firm with offices in San Antonio, Houston, Dallas and Channelview. The law firm offers a free case review and represents victims of car, auto, truck, SUV, motorcycle, bus and other traffic accidents, as well as drunk driving accidents.
Tags: Accidents, Attorney, car accident attorney, car accident lawsuit, car accident lawyer, car injury, driving, fatalities, Houston, Houston attorney, Houston car injury, Houston lawyer, Lawyer, Legal, personal injury attorney, Personal injury lawyer, teen, texting
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Thursday, May 13th, 2010
Based on current research from the NHTSA, driving while intoxicated incidents, automobile or motor vehicle crashes, and car crashes due to drunk driving are a leading cause of death for persons from two to thirty-three years old.
30 % of all fatal driving while drunk accidents or collisions throughout the year were alcohol-linked, compared with 53% on week-ends. For all crashes, the alcohol involvement data was 5% throughout the week and twelve percent throughout the end of the week. The effect of alcohol involvement rises with injury severity. Alcohol-involved or drunk driving incidents and wrecks made up 10% of property destruction only crash costs, 21% of nonfatal injury accidents; and more than 40 percent of fatal injury collision costs; more than 3 times as high at night as during the day.
For all collisions, the alcohol is 5 times as high at night.
Young drivers 21 to 24 years old were most likely to be impaired (BAC of 0.08 g/dl or greater) in dui mishaps and fatal crashes in the year 2003. Thirty-two percent of motorists 21 to 24 years of age involved in driving while intoxicated and fatal crashes were drunk, then ages 25 to 34 and 35 to 44.
The impairment rate (those over .08 BAC) for men implicated in fatal accidents was 25 percent, compared with 12 percent for female drivers.
For drunk driving incidents and fatal collisions occurring from midnight to 3:00 AM, 77 percent involved alcohol in 2003. The next most hazardous time period for alcohol-related crash deaths were 9 PM to midnight, followed by 3 AM to 6 AM.
Those individuals over the age of 70 were least likely to be drunk (BAC of 0.08 g/dl or greater) in driving while intoxicated accidents and fatal crashes in 2003 – only five percent were drunk.
Based on these findings, there can be no doubt that dui is still very widespread throughout our culture and certainly requires our attention.
If you are facing drunk driving charges, your best option is usually to consult with a local drunk driving lawyer near you. Discuss you situation with a local San Antonio DUI lawyer today.
Tags: Attorney, cars, drinking, driving, drunk, dui, DWI, law, Lawyer, Legal, Society, travel
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Monday, April 19th, 2010
Over a decade ago McLaren entered the record books with the fastest production car ever made, their iconic F1. Just 106 of the cars were ever built and the exclusivity ensured their notoriety but this year Chairman Ron Dennis has made a statement “Since 1966, when McLaren first raced in F1, 106 teams have come and gone – and that tells me that if we stay solely as an F1 team it will lead to extinction.” Their latest creation, the MP4-12C is not just an attempt to experiment with new driving technology, but to fight off the curse that has fallen so many of their racing rivals.
McLaren plan to produce over 1000 of the cars in the each year, the same number as many of the companies it will be competing with. It is estimated to cost around 150,000 which is standard supercar money and there have been 1,600 pre-orders already.
The 12C is due for release in 2011 even though the plant it will be produced in is yet to be constructed, when it is it will create 300 new jobs. The car was unveiled at a press conference in McLaren’s space age headquarters in Woking, test drivers Lewis Hamilton and Jenson Button pulled back the sheets to uncover it to the press.
McLaren’s Managing Director Antony Sheriff stated “The 12C won’t take you to the edge of what’s possible; It will take you to the edge of the edge. It’s what we call an ‘and’ car. It’s powerful and efficient; lightweight and safe; fast and comfortable.” They have designed the car around their own engine and a unique concept carbon monocell structure making it super light and super strong. McLaren claim it will be capable of reaching 60mph in “under three seconds”.
The MP4 will undoubtedly be a big supercar but there is no doubt that it will not fill the big shoes left by its predecessor the F1. The more important question is what will happen to this brand when they no longer offer such a level of exclusivity? Will every millionaire want one if they know the wont own the only one on the roads? It’s a question that only time will answer but one that could determine the future of this Formula racing giant.
The speed the MP4-12C is capable might persuade McLaren to provide a driving offence solicitor with each car. Their previous F1 required almost every owner to enlist a speeding solicitor at some stage
Tags: Attorney, ban, car, crime, driving, fast, law, Lawyer, motoring, offence, racing, solicitor, speeding, supercar
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Monday, April 19th, 2010
There is much pressure facing the Government to reduce the legal blood alcohol limit for drivers. The current limit is 80mg per 100ml of blood which would allow the consumption of roughly a pint and a half of medium strength lager for an average sized man. The proposed limit would bring it down to 50mg per 100ml of blood is less than an average pint or a large glass of wine but would match the legal limit in the European Union.
Current UK law states that anyone found driving over the legal limit faces an automatic 12 month driving ban but Sir Peter North QC is currently investigating the possibilities of introducing a second, lower penalty for anyone above the lower limit such as 6 points on a driving licence. Changes could also see prosecutions for drivers found with illegal drugs in their bloodstream, regardless of whether it impaired their performance.
According to Lord Adonis, the Transport Secretary, 430 people were killed as a result of drink driving last year however this figure only refers to people who were over the current legal limit. He also suggests drug-driving is a key concern for the public.
”Driving under the influence of alcohol or drugs still leads to a large number of deaths and serious injuries. The challenge is to see whether changes in the law and its processes can reduce casualties” Claimed Sir Peter.
President of the AA, Edmund King, commented that “the legal issue is more complex than the limit as a sliding scale of penalties could reduce the deterrent effect. There is a serious problem with drink drive repeat offenders with recent figures suggesting that almost a quarter of drink drivers have served a previous ban.”
However, Tony Payne, chief executive of the Federation of Licensed Victuallers Associations condemned the proposals, “We will fight this very very strongly,” he said. “This will penalise responsible people because of the behaviour of some idiots.
Thousands of motorists are prosecuted every year for a drink driving offence but the punishments for speeding are far less despite it causing a significantly higher number of deaths each year.
categories: driving,cars,drinking,alcohol,offence,beer,licence,motoring,law,solicitor,lawyer,crime,fast,ban
Tags: alcohol, Attorney, ban, beer, cars, crime, drinking, driving, fast, law, Lawyer, licence, motoring, offence, solicitor
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