Drunk Driving May Be Outlawed Completely In The Future

October 28, 2010 By Leave a Comment

By Stewart Wrighter -

In a perfect world, everyone would follow the law system and behave in a manner that would cut accidents in cars to an absolute minimum. However, humans being humans, some people will try to get around the law or hide from police when they know that they are committing a crime. This is never more obvious when people drink alcohol or take illicit drugs and then get in their cars to drive off. If anyone has been arrested for these offenses, it is paramount that they get the services of an OVI attorney to lead them through the court procedures that are bound to follow. Indeed, without an OVI lawyer, the accused will probably get a heavier sentence.

Most of us have probably taken a risk occasionally when we have taken one more drink that we know will take us over the limit. We try to work out body weight, how much food we took and how long alcohol takes to pass through the body and we think that we are on the right track. Unfortunately, life is never that simple.

What a lot of people do not consider is that there are many other influences which affect us and this is proven by how many people are found guilty on the morning after a drinking session. Although we all like to think that the morning brings with it complete sobriety, those who have been stopped on the way to work for a breathalyzer have come completely unstuck. This is even more apparent after a New Year celebration when people want to visit family and friends but have forgotten how much alcohol they took the night before.

Indeed, many police forces around the world now undertake more serious road testing just after a public holiday and catch even the most respectable people out. Of course, this could be innocently done since most people do not even consider that they have done anything wrong but in the eyes of the law, ignorance is not a defense.

Some states are actually considering dropping the alcohol limit to zero for anyone who is expected to drive and this is where there will be no excuse at all in future. Even taking one glass of wine with a meal will not be allowed anymore. If people do not start adhering to the current rules about drinking and driving, this will be the next step for sure.

However, for those who have been caught, they do have rights and do not have to undergo those roadside tests that we are all familiar with. They can insist upon going to the station for all tests to be done in a controlled environment and this will surely allow them to get themselves together for the next step.

They certainly must get the help of an expert to see them through this procedure since an unguarded moment could cost them dearly when the case goes to court. Only doing what the expert says is acceptable is the first line of defense for those who are arrested on any charge at all.

Stewart Wrighter recently worked with a Cincinnati OVI attorney while conducting research for a new article. His son had an opportunity to work with a Cincinnati OVI lawyer as a legal intern.

Article Source: http://EzineArticles.com/?expert=Stewart_Wrighter
http://EzineArticles.com/?Drunk-Driving-May-Be-Outlawed-Completely-In-The-Future&id=5275118

Filed Under: Court, DUI

Drunk Driving – Myths, Facts, and Breaking the Law

September 30, 2010 By Leave a Comment

By Spencer Brown -

Although most people don’t realize it, alcohol is a drug. In fact, alcohol is the most commonly found drug in fatally injured motorists. While it is illegal for anyone under the age of 21 to purchase or consume alcoholic beverages, many teenagers still do. This becomes even more of a problem when a drinking teen gets behind the wheel. Alcohol education programs have increased in homes, schools, and communities; but alcohol-related collisions are still a major issue. Not only is a drunk driver endangering their own life, but they are putting all the other drivers on the Highway Transit System in jeopardy. It is important to never mix drinking with driving.

Alcohol is derived from the fermentation of fruit, alcohol, and other plants. It is classified as a depressant, a drug that slows down the central nervous system. The effects of alcohol vary from person to person, but everyone is affected to some degree. As a motorist you cannot afford to have your driving skills dulled by alcohol. Some common impairments include: slowed reflexes, lost inhibitions, slurred speech, clumsiness or loss of balance, blurred vision, a decrease in muscle coordination, and distorted depth perception. Drinking alcohol is not something to take lightly.

Alcohol is surrounded by many myths. Some of them deal with how long it takes a drunk person to “sober up.” You may have heard that drinking some black coffee, going for a quick jog, or taking a cold shower will reduce your blood-alcohol concentration. The truth is: These activities may stimulate you for a moment; but do absolutely nothing to reduce the amount of alcohol in your body. Only time will allow your liver to get rid of alcohol. (Up to 1.5 hours for a 12 ounce beer.) While many factors such as the number of drinks consumed, the amount of time they are consumed in, a person’s body weight, and their natural resistance to alcohol will affect how rapidly a person gets drunk, it takes the same amount of time for alcohol to work its way through your system.

Driving drunk is a crime that’s punishable by law. A DUI (Driving Under the Influence), or DWI (Driving While Intoxicated) in some states, carries severe penalties. These punishments can include: suspension or revocation of the offending motorist’s license, payment of a fine, or even serving a prison term. (Although, penalties are harsher if the intoxicated driver is involved in a collision.) Driving after drinking is always a bad idea. If your friend is considering drinking, you have some responsibilities as a good friend.

You can help by: encouraging them to drink something non-alcoholic, telling them to set limits, convincing them to avoid drinks with high alcoholic concentration, or just doing something else. If they’ve already had a drink, help them by making them aware of their behaviors, providing them with transportation home, or staying with them until the alcohol has worked its way through their system. Remember: “Friends don’t let friends drive drunk.”

Spencer Brown is an aspiring author who lives in Glendale California. He loves reading and writing. He’s always trying to better himself and expand his creative horizons. For More information about Expert Author Spencer Brown, Visit: http://ezinearticles.com/?expert=Spencer_Brown

Article Source: http://EzineArticles.com/?expert=Spencer_Brown
http://EzineArticles.com/?Drunk-Driving—Myths,-Facts,-and-Breaking-the-Law&id=4998365

Filed Under: Court, DUI, DUI Court

5 Steps to Take After a Drunk Driving Accident

September 29, 2010 By Leave a Comment

By James R Brown -

One of the biggest causes of car accidents in America is because of drunk driving. What should you do if someone else was drunk at the wheel and hit you? Will you be able to get all of your medical expenses paid for? Or will you have a long fight with the insurance company?

1. If you are able, call the police as soon as possible (before you leave the scene). In case you are hurt in a car accident, an ambulance should arrive on the scene. If the other driver that hit you was drunk, call the police.

2. Always follow the criminal case that the drunk driver might have. The criminal case against the drunk driver could affect the way that the insurance company decides to pay you. Many things can happen in the criminal case against the drunk driver that could impact or ruin your civil case.

3. Be careful if the drunk driver files for bankruptcy. Some people think that they can file for bankruptcy and avoid having to pay for a personal injury settlement, but that isn’t always the case because there are safeguards in place to prevent people from abusing the system.

4. Watch your words when you speak with an insurance adjuster. There is never a guarantee someone is guilty until a court has said so. Another thing the insurance company can do is argue something along the lines that you were also in some part at fault for the accident so they don’t have to pay the full extent of the damages. This could reduce the amount that they will pay out.

5. Speak to an injury lawyer. Many people get hurt in a car accident and don’t have to talk to an injury lawyer. But, if you are somebody that was hurt in a drunk driving crash, you most likely aren’t one of them. Because there are actually two cases–a civil and criminal–these types of injury cases may be too complex for someone to handle on their own. Here’s what a personal injury lawyer can do: they will fight the insurance company to get the most to help pay your medical bills.

Jim Brown is a personal injury attorney based in St. Louis, Missouri. He has written several publications, including a guide for accidents in Missouri and Illinois. You can request a free copy of, “I Survived! The Crash Victim’s Guide to Dealing with the Aftermath,” to help you get through the post-accident period by going to his website at http://www.CastleLaw.net and clicking “Contact Us.”

Article Source: http://EzineArticles.com/?expert=James_R_Brown
http://EzineArticles.com/?5-Steps-to-Take-After-a-Drunk-Driving-Accident&id=5084959

Filed Under: Court, DUI

DUI Checkpoints – How to Find Them

September 23, 2010 By Leave a Comment

By Hillary Scott Wallace -

DUI checkpoints or sobriety roadblocks are set up to protect the citizens against drunk driving. Although the intentions are actually for a good cause, it can also be an obstacle. There are times when we cannot afford to be flagged or hailed by checkpoint. There are important meetings to rush to, errands to finish and kids to fetch at school or daycare. A checkpoint can present a problem especially when you cannot afford to be late. Fortunately, there are ways to avoid passing a checkpoint.

Look out for flashing police lights and police vehicles. Police vehicles are rather noticeable and a number of them parked at the side of the road may indicate a DUI checkpoint. They are usually set up at the late hours of the evening up to the early hours in the morning. These are times when people usually get home after a late night appointment, personal or otherwise. You may try some legal traffic maneuvers such as U-turn. However, this may cause the police to suspect your motives. Unless you have a viable reason, do not leave your lane, especially when your vehicle is in plain view. Have your license and car registration ready in case you are flagged to avoid unnecessary delays.

It is actually counter intuitive but local law enforcers are required to disclose their intent to set up DUI checkpoints. Watch for these announcement at the local media. Watch the morning and evening news. They may announce the date, location and time of the sobriety roadblocks. If it is not announced in the news, check for announcements at the local daily newspaper. The local paper may have a section dedicated to checkpoints. If it does not have a separate section, scan other sections of the newspaper for an announcement. These are the two media more commonly used by local law enforcers since majority of the citizens either watch the news or read the newspaper.

Check the Internet for websites which provide a list of DUI checkpoints. There are various sites which provide helpful information regarding sobriety roadblocks such as Road Block Registry or blog.drivinglaws.org. They can even provide the date, time and location of the checkpoint. Most Internet sites also offer an additional text alert service. The service provides subscribers with text alerts regarding the latest roadblock set up by the local enforcers. This way, you wouldn’t have to worry if you missed the news or the daily paper.

==> Click Here for much more information on DUI Penalties and DUI Checkpoints <== Click Here

Article Source: http://EzineArticles.com/?expert=Hillary_Scott_Wallace
http://EzineArticles.com/?DUI-Checkpoints—How-to-Find-Them&id=4860980

Filed Under: Court, DUI Court

What Happens After A DUI Arrest?

September 14, 2010 By Leave a Comment

By Connor R Sullivan

Nowadays, there is a lot of news about celebrities being busted for a DUI case. For this, they turn to the expertise of a Clermont County DUI Attorney to help them get out of the case. But what really happens when you get caught driving under the influence? How can a Clermont County DUI Lawyer help you get out of the case especially if it was only your first offense?

DUI or driving under the influence has been one of the serious offenses that a lot of top celebrities face. Since they can get arrested for this offense, you can be sure that it can also happen to you! This is why you have to avoid drunk driving as you can endanger the lives of other people as much as putting your own safety to risk. When you are caught, that is another story.

Throughout the United States, the penalties and requirements for those caught drunk driving vary among each state. But due to the endless efforts of various advocacy groups, all 50 states have been able to pass a law that is intended to penalize those caught for drunk driving as well as give them a corresponding consequence for their actions.

The first thing that happens when you are caught drunk driving, you will be facing court. The saying ‘you are innocent until proven guilty’ is being observed and that is why you are entitled to court proceedings. When you have been convicted of a DUI offense, it may be due to the tests that were performed on you. These tests include the breath test and a blood test which shows a.08 blood alcohol content level. Even if you did not look like you were drunk or even slurred with your words, the fact that these tests proved you failed the test means you have been driving under the influence. For this, you will be found guilty and convicted.

After being convicted for the offense, you will be fined and tasked to pay court costs. In addition, your driver’s license will be revoked for a certain time period. These costs, fines and duration of suspension will vary according to the state where the offense has been committed. There are also some states that have been able to pass a law that require jail time, even if you are a first DUI offender. On the other hand, there are some states that will put you on probation and require you to do community service.

This is where the DUI Attorney comes in. He will take your case and present it to the court so you can avoid jail. Despite the fact that you have been convicted of the DUI offense, your DUI Attorney will do his best to lower your felony so you can be able to avoid going to jail. This is especially helpful if you are a busy person and could not afford to spend a day in prison. Even with your driver’s license suspended, a DUI Attorney will do his best to help you out of the offense you have put yourself in.

Connor Sullivan learned quite a bit about the merits of hiring a great attorney when he spent a day with a well respected Clermont County DUI attorney helping to make their practices more efficient. He was very impressed with how a Clermont County DUI lawyer represented his client in court.

Article Source: http://EzineArticles.com/?expert=Connor_R_Sullivan

http://EzineArticles.com/?What-Happens-After-A-DUI-Arrest?&id=5013912


Filed Under: Arrested, Court, DUI

Facts About Drunk Driving

June 1, 2010 By Leave a Comment

By Don Zens

When you are pulled over the first thing the officer is going to ask is, “Do you know why I stopped you?” Sometimes a person will say what they think the reason is, but more than likely the officer will be told no.

When the officer tells you the reason he will then ask you how much you have had to drink. The officer is actually looking for evidence that there is a possibility your blood levels are over the legal limit. If you had a glass of wine with dinner you could tell them that unless you think it might hurt you. You can refuse to answer the question if you do not feel comfortable responding.

If the officer believes you are over the legal limits they will ask you to step out of the car so you can take some sobriety tests. Be prepared to do three or four different tests so the officer can come to their conclusion if you are drunk. The tests could be having you balance on one foot, recite your ABC’s, count backwards or even walk a straight line.

If you fail these tests the officer might offer a breath test so he can see exactly how intoxicated you are. Even if you refuse to do the breath test if you failed the sobriety tests then you will find yourself being arrested and transported to jail.

There is nothing written that says if you are stopped you have to take the sobriety tests. You do have the right to refuse, but it will not stop you from being arrested if there is enough evidence that you are drunk while driving.

The thing you to remember is the officer does have a camera in his car. If you were driving and swerving all over the road it will be on their video camera. Also as you are doing the sobriety testing you are usually being videoed. This is for when you go to court the officer can show the video and why you were pulled over to begin with. Then they will also be able to show the courts how you performed on the sobriety tests.

Many states now take your drivers license the day you are pulled over for drinking and driving. They usually keep the license until the outcome of the charges has been decided. If you are found guilty of the charges then it is up to the state how long your license will be suspended for.

If the drunken driving charges stick it will appear on your criminal record. These are public records and anyone can view them. It could stop you from any type of driving job until your license is reinstated.

Your criminal records are easy to find if you know where to look. It only takes simple background checks for the records to be shown to a person. If you do not know exactly what your records show then take a minute and look. You will be happy that you did.

Article Source: http://EzineArticles.com/?expert=Don_Zens
http://EzineArticles.com/?Facts-About-Drunk-Driving&id=4072478

Filed Under: Arrested, Court, DUI Tagged With: , , , ,

10 Tips for a Pro-Se Litigant

February 22, 2010 By Leave a Comment

By Aaron Brooks

When you need to take legal recourse for any personal or business matter the only choice is not that of hiring an expensive lawyer. If you have determination, grit, knowledge, and the willingness to tackle matters yourself then you can represent yourself.
This self representation is called “Pro Se” which is Latin for “self.”

In a court of law every citizen has the right to represent himself irrespective of whether he is the plaintiff or defendant. Pro-se is also known as propria persona or proper or litigant in person.

Although the law varies from state to state many courts permit pro-se litigations while others require the presences of a lawyer along with the pro-se representation. When a plaintiff or defendant chooses the pro-se route, he or she waives the right to a legal council throughout the case.

o To choose the “pro-se” route you must either have studied law or be familiar with the procedures.

o Very often the “pro-se” route is the only affordable one. However, even in this case you could choose to take the help of a legal coach, a lawyer who will ensure that you are addressing the case right.

o The key to a pro-se representation is knowledge. Use all the resources available both print as well as World Wide Web to prepare a strong case. Study case law and read published cases and decisions
.
o Think about using the assistance of a paralegal or a non specialty law firm for a small fee.

o Use the help available. Most often pro-se litigants can take filing assistance from the courthouse pro-se clerk. Find out whether the judge assigned to the case will offer advice.

o It is important to know how a court functions, the rules to be followed and decorum in a court house.

o Prepare the case with care and keep ready all evidence as well as information the case may need.

o Learn how legal research can be done efficiently. Use libraries that specialize in law and use the World Wide Web resources like http://www.law.cornell.edu/ and http://www.findlaw.com/. Build the case on a solid base and get all facts right. Be upfront and honest with facts remember falsities will always be exposed in the long run. When need be use the help of a law librarian. Also see the handout at: http://www.ilnd.uscourts.gov/CLERKS_OFFICE/prose01b.pdf

Make sure you know what documents need to be filed in court. Although details vary from court to court you will need to: ready the case according to the format prescribed by court rules, keep the court fees ready for payment, ensure that you have two sets of Xeroxes of all documents and fill in all the forms accurately and clearly. Most courts have detailed instructions for filing pro-se cases and very often the appropriate forms are available online.

To be a successful pro-se case filer you need to: keep your wits; not be frightened by legal terms or lawyers; appear calm and confident when appearing in court; make sure that the case you have constructed follows the law to a “t” ; and don’t be intimidated by your opponent.

Pro-se cases are won if things are done right.

Aaron Brooks is a freelance writer for http://www.1866attorney.com, the premier website to find Attorney Directory including topics on civil right, litigation, defense, attorney power, legal services, prosecuting all crimes and much more. He also freelances for the premier REVENUE SHARING discussion forum for Legal Advice Site http://www.1888discuss.com/legal-advice/

Article Source: http://EzineArticles.com/?expert=Aaron_Brooks

Filed Under: Court, DUI Tagged With: , ,

Felony DUI Charges and Penalties

February 3, 2010 By Leave a Comment

By Joseph Devine –

While most people believe that a driving under the influence (DUI) charge is a minor offense, it actually carries very serious penalties, even for just a first or second misdemeanor offense. For more serious drunk driving accidents and repeat offenses, the charge and punishment become much more severe. If you are a recurring drunk driver or are responsible for a drunk driving accident, you may be charged with a Felony DUI.

Drunk driving is first and foremost a crime, not just a driving offense. When you are convicted of a DUI, you will have a criminal record, which could hurt your professional, financial, and educational opportunities now and in the future. A Felony DUI carries similar penalties to a misdemeanor DUI but may also result in a prison sentence and even more limited freedoms.

Causing an Accident While Intoxicated

If you drive drunk and cause a collision, you may be charged with a felony. When you cause life-threatening or life-ending injury to another driver or passenger, or flee the scene of the accident, you are committing an aggravated offense. Some states will refer to the offense as an Aggravated DUI instead of a Felony DUI, but both are felony charges with elevated sentences.

Felony DUI from Recurring Charges

All states have an elevated charge for offenders who commit multiple drunk driving offenses in a set period of time. In Rhode Island, for example, you may be charged with a felony for your third DUI arrest in five years. While the first two charges were classified as misdemeanor, the third will be treated as a felony. All states have a similar law for repeat offenders. Typical punishment for a Felony DUI conviction includes:

Incarceration: at least 1 year in jail or prison, depending on the level of intoxication and severity of the accident, if any
Driver’s license suspension: at least 2 years
Fines of $400 or more
Vehicle impound and possible sale of your vehicle by the state
Ignition interlock installed on your car for at least 2 years after incarceration release
Mandatory DUI education course
Probation or parole
Felony conviction on your criminal record

Clearly a Felony DUI charge carries a number of costly penalties that can haunt you long into your future. If you are facing a Felony DUI, consider contacting a DUI defense lawyer immediately to begin preparing your defense.

For More Information

To learn more about protecting your rights and preparing a defense for court, please visit the website of experienced Rhode Island DUI defense attorney James Powderly today.

Joseph Devine

Article Source:  Felony DUI Charges and Penalties

Filed Under: Court, DUI Tagged With: , ,

Felony Drunk Driving

November 16, 2009 By Leave a Comment

By Joseph Devine –

Despite the best efforts of public safety campaigns, citizen organizations like MADD, and a wide variety of other efforts to reduce the number of people who get behind the wheel after drinking, the number of drunk driving arrests, convictions, and accidents remains at a somewhat steady level. In the most recent year for which records are available, 44% of traffic fatalities involve alcohol use or abuse as a cause of the accident.

In an effort to reduce the number of citizens involved in drunken driving accidents, the state has adopted the stance that deterrence may be more likely the harsher the punishments are for those who are caught drinking and driving. Punishments that are meant to deter people from committing the offense in question are expected to stop the current or original offender from committing the same crime again because he or she will be in jail or otherwise indisposed. The other prong of deterrence is a hope that others will opt not to partake in the illegal or bad behavior in an effort to avoid the punishment that they know will hit them.

Part of the deterrence factor when it comes to drunk driving is that the amount of punishment escalates with the number of convictions for drunk driving. The state, basically, announces that it is not as concerned about an “oops” occurrence as it is with those who habitually engaged in the habit of drinking and then driving. The escalation is also meant to discourage those who are one away from a lengthy prison sentence from drinking and driving that one more time that pushes them over the edge.

Felony drunk driving is part of the program of escalating sentences employed by states to deter individuals from drinking and driving. First of all, a felony is a crime that is punishable by a year or more in prison. There are levels of felonies but as a rule, they are all punishable by a year or more in a penitentiary or prison.

Felony drunk driving in many starts at the third drunken driving conviction. This mirrors the ‘three strikes’ policies or laws that some of the same states have enacted to discourage general criminal behavior. In addition, states have linked their drunken driving statutes to other crimes. For example, assault with a deadly weapon can be charged in some states if the person operates a car while intoxicated. In this situation, the car is a deadly weapon. Murder and manslaughter have also been tied to drunk driving in some states.

The Las Vegas DUI attorneys of Palmer & Associates understand the repercussions of multiple drunk driving convictions and are fully prepared to defend their clients whether it is the first or the eighth charge.

Article Source: http://EzineArticles.com/?expert=Joseph_Devine

Filed Under: Court, DUI Court, Jail Tagged With:

Is Alcohol Treatment Mandatory After a DUI?

October 26, 2009 By Leave a Comment

By Frank Schumacher –

In most cases, when someone is arrested or convicted for a DUI offense, the defendant is often labeled as someone with drinking problem and most states give mandatory alcohol evaluation, treatment and education prior to the restoration of the defendant’s driving privileges.

Laws Involved

BAC or blood alcohol content of 0.08% or more in the defendant’s blood sample is evidence by itself that the defendant was drunk driving.

It is also mandated by most states that defendants of DUI arrests or convictions be subject to alcohol evaluation in order to specify the level of intoxication when driving. Therefore, if the defendant has been found or arrested for DUI, that is evidence already that he or she has had drinking problems under most laws issued by almost all states.

Evaluation of Alcohol

Prior to the restoration of driver’s license and driving privileges of the defendant suspected of driving under the influence, an evaluation of alcohol content in the defendant’s blood has been mandated by almost all states and also to determine the extent of alcohol intoxication or if the behavior is the result of direct alcohol abuse or dependence.

Most times the defendant of the DUI case will undergo an interview with a certified alcohol and drug professional and answer a string of questions regarding his or her habits and behavior with regards to alcohol use. The counselor will be the one to determine if the defendant of the DUI case is still in need of further education and rehabilitation as deemed necessary as a result of such evaluation.

Education

Most drunk driver convicts are mandated to attend alcohol education programs particularly about the dangers that drinking and driving impose to the community. Most of the times this is called DUI schools or drunk driving schools. This is done regardless of the results of the initial evaluation. However, in extensive drinking problems, the number and length of the alcohol classes are increased.

Alcohol Rehabilitation/Treatment

Alcohol rehabilitation/treatment happens when the alcohol evaluation showed evidence of alcohol abuse and/or dependence on the defendant of a DUI case. It is required or mandated by many states that the individual convicted for DUI undergo complete rehabilitation/treatment prior to the restoration of license and driving privileges and the defendant must show evidence of total rehabilitation before sending them off to the highways.

Several options are available for alcohol rehabilitation or treatment are present including attendance in a specific support group meetings, therapy sessions, outpatient counseling, and inpatient detoxification and undergo residential rehabilitation and treatment in recognized facilities.

In every Arizona DUI lawsuit or Phoenix DUI lawsuit, it is important that you contact a qualified and experienced lawyer to represent your case in order for you to be guided along the process and to give you idea what you are going to face should the courts find that you are guilty of drunk driving. Also, you will have enough knowledge that such laws like mandatory alcohol evaluation, treatment and education exist.

Article Source: http://EzineArticles.com/?expert=Frank_Schumacher

Filed Under: Court, DUI Tagged With: ,
« Older Posts
Newer Posts »