Personal Injury Attorney & Personal Injury Lawyer Blog

July 27, 2010

All About DUI Or DWI In Tennessee

Filed under: Lawyer — Tags: , , , , , , , , — Rupert Cline @ 5:51 am

DUI means driving under the influence of drugs or alcohol. It is sometimes also termed as DWI (Driving While Intoxicated) and OUI. 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 closed doesn’t it…Driving Under the Influence. Pretty straight forward, right?

Let’s look into this seemingly obvious definition in more detail to demonstrate some possible areas where well-prepared lawyer 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. Guilt or innocence may depend on whether the defendant was actually “driving” in a particular circumstance. What if he or she was just sitting behind the wheel of a car but it was off? What if the defendant was catching a few Z’s there? What if the keys were in their trouser pocket and not in the starter? What if that car was out of gas and could not be started? What if the car was idling? What if it was being towed? Courts through out the nation have considered various scenarios to determine whether or not the necessary control over the vehicle was present and the outcomes vary state to state and by the individual context of the situation. Vehicle Requirement Cars, trucks and vans are obviously considered to be vehicles for drunk-driving law purposes. However, many have been convicted of drunk driving while steering motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the vehicle types considered differ by state. Intoxication One way prosecutors try toprove driver intoxication is through scientific analysis of the amount of alcohol in the defendants body, usually by analyzing the breath or blood. These tests are usually administered by machines, such as the Breathalyzer. In every state, a person with a BAC (blood-alcohol concentration over .08 is considered in accordance with the lawintoxicated.

Implied-consent laws create the legal presumption that if an individual takes advantage of the privilege of driving a vehicle, he or she automatically consents to a chemical testing to determine his or her blood-alcohol content. If a driver refuses to take the test, his or her driver’s license may be revoked or suspended.

Blood alcohol content 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. Your lawyer may recommend retesting of the defendant’s breath sample. She or he may be able to obtain exclusion of the original Breathalyzer results from the case or even dismissal of the casecompletely.

Other types of proof that can be used by prosecuting attorneys to show intoxication include drivers’ statements, police and witness observations of behavior of driving patterns and circumstantial evidence. An example of applicable circumstantial evidence is that a driver, before driving, spent the afternoon at a party where drinking games were engaged in.

Police also gather important evidence of inebriation by administering standard field sobriety 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 lifestyle for most, permeating every activity we do. We dependon driving to get to work, to associate with friends, to run errands and to take a vacation. Licensed drivers drive children, people with physical challenges and senior citizens to important appointments and activities. A DUI conviction can bring a screeching halt to your life. If you face a plausible problem with driving under the influence, a lawyer can stand up for you and help protect your interests and those of your loved ones.

Also check out these highly relevant links: Catoosa DUI Lawyer and Lawyer Marketing.

July 18, 2010

If You Are An Alcoholic, You Should Tell Your DUI Attorney

Filed under: Lawyer — Tags: , , , , , , , , , , , , , — Frederick Frederickson @ 1:22 pm

A DUI charge is very serious. Perhaps more serious than the DUI charge is the underlying issue that the driver may have an alcohol problem. Yet many DUI offenders are either too embarrassed or afraid to tell anyone about their issue despite the possible benefits. If you have been charged with DUI, and you are an alcoholic, you should tell your DUI attorney that you are an alcoholic for the following reasons.

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.

Most states offer alternative sentences for DUI charges than fines or incarceration. These types of sentences can vary from jurisdiction to jurisdiction, and generally include diversion programs, substance abuse education, driving education, and other eye-opening experiences intended to help those who have been charged with DUI. By letting your attorney know that you are open to these programs because you think they may help, you are also widening your options when you go to court for sentencing.

3) Easier to Help.

If your DUI attorney doesn’t know you need help with an alcohol problem, then your DUI attorney is not going to offer you help with your alcohol problem. However, if you tell him or her that you are an alcoholic, and need some help, then you are more likely to benefit from the resources at the attorney’s disposal. Most DUI attorneys have programs and contacts that they can refer DUI offenders to, which help with DUI problems and overall alcoholism.

4) It Could Save Your Life.

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.

Admitting to your DUI attorney that you are an alcoholic is very difficult. However, if you are serious about getting help and straightening yourself out, it is necessary. Once you do it, then you create a strategy with the help of your attorney for defending your DUI charge, appearing before your state’s licensing agency, and getting help.

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.

July 9, 2010

The Serious Consequences Of Driving Under Suspension

Filed under: Lawyer — Tags: , , , , , , , , , , , , , , — Adriana Noton @ 3:47 am

Simply put if you are driving under suspension it means that you are driving a vehicle without the necessary documents. The necessary document is a license, and this has been suspended by a government body and you are not permitted to operate a motor vehicle. Should you decide to drive without a license you are guilty of an additional offence.

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.

Should you be stopped and cannot provide a license to the authorities and it is discovered that the license has been suspended you may be held and imprisoned. Depending on circumstance your vehicle may be confiscated pending the results emerging from the trial. The length of time in custody is determined by the courts.

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.

If a driver has an accident and has no liability insurance coverage then it is probable that the authorities will confiscate the permit because the driver cannot pay the damages. The only way to redeem the permit is to pay the damages. However in the meantime if the driver drives a vehicle then he is liable for fines and if this is not the first infraction of driving without the permit there is a chance of imprisonment.

If you have been stopped for speeding or anything that would be considered stunt driving you would lose your license. If you decide to drive after suspension for these reasons then you can be liable to fines or imprisonment. If there are subsequent infractions there may be a term of imprisonment of up to ten years. In some provinces a license can be suspended because there is a point system in place and you have lost all your points.

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.

June 22, 2010

Drink Driving: The Morning After

Filed under: Lawyer — Tags: , , , , , , , , , , , , , — Tom Doerr @ 12:32 pm

Nobody is going to arrest you for enjoying a big night out and we all doubt you would try and drive a car after drinking, but how often would you drive 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.

A heavy night can take more than 12 hours for the body to process the alcohol and it can still have an effect up to a day later. Most nights out or parties continue to the early hours of the morning meaning you won’t get a full nights sleep, especially if you are getting up at your usual waking hour. You might 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.

Most police departments will be aware of nights of heavy drinking such as weekends and holidays and will plan accordingly, the morning after Christmas, new years day and other holidays are times when forces set up road blocks and randomly stop drivers to check for alcohol content. This is primarily a deterrent but they also aim to crack down on offenders.

It’s not just the effect of drinking that can impair driving ability, a heavy hangover means the brain is dehydrated so you will be 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.

June 10, 2010

Stay Cool And Get Out Of Traffic Tickets

Filed under: Lawyer — Tags: , , , , , , , , , , , , , , — Adriana Noton @ 4:10 am

There is nothing more frustrating than getting a traffic ticket. There are many reasons why you can get a ticket and most of them include speeding, running lights, rolling through stop signs as well as broken lights on your car. If you are worried about getting a ticket or trying to get out of a current ticket, this guide is your best best. Look here in order to avoid traffic tickets and save money!

Having a brightly colored car is a good way to gain the attention of a police officer. In studies it has been proven that a bright red car is more likely to get pulled over than a white or a black car. Try to keep your car from having too many bells and whistles. This will also attract attention that you surely do not want from a police officer!

If you are trying to find a new store or neighborhood, you may run into different speed limits. It is important that you take note of the changes within speed limits so that you drive within them. Those who do not end up getting numerous traffic tickets simply because they cannot open their eyes or take their foot off the gas pedal!

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.

In the event that you do get pulled over, you need to sty as calm as possible. Try not to get too flustered or upset, this will only make you look suspicious. Look the police officer and make sure that you can provide everything that they ask for. If you get too upset, you could end up getting a ticket anyway simply because you could not cooperate the way the officer requested. Take a deep breath, smile and greet the officer.

People often feel that they have been pulled over unjustly and will give attitude to the officer. If you are rude and you mouth off, you will lose all hope of getting out of your ticket. Even if you feel you have been wrongly pulled over, keep it to yourself and see what happens. Remember, you can always take the ticket to court and see if the judge will drop it for you.

Talk with the officer clearly and explain why you were breaking the law. Many times an officer will explain why they pulled you over and why you could possibly get a ticket. You might be able to get away with a warning if you can talk with them. Those with a clean divers license and the proper proof of registration and insurance have a better chance of avoid any type of ticket.

Getting numerous traffic tickets can lead to a bunch of financial issues. Try to keep your nose clean and be careful when you are driving on the roads. Remember, police are not here to scare or hurt you in any way, they are here to make sure that you are safe and protected at all times. When you are breaking the law, you are putting people around you in danger!

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.

May 22, 2010

Texting While Driving Kills Teens Among 6,000 Annual Traffic Fatalities

Filed under: Lawyer — Tags: , , , , , , , , , , , , , , , , , — Bruce Westbrook @ 7:06 am

The children of today grow up almost as connected to their cell phones or other mobile electronic devices as they were connected upon birth to an umbilical cord. When they get old enough to drive, they’re hooked, 24/7. Unfortunately, driving while emailing, calling, texting or otherwise checking the Internet can be a fatal mistake.

Studies recently have shown increased teen car wreck traffic accident fatalities due to two factors: more teens driving at night, and more teens driving while texting or making cell calls.

Between 1999 and 2008, nighttime fatal crashes involving teen drivers increased by 10 per cent. Such deaths rose at a lower rate for older age groups, while driving fatalities in general began a decline.

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.

Many teens may believe otherwise, since they’re so adept at sending text messages that it feels almost like breathing to them. But that doesn’t mean their attention to texting doesn’t divert them from full attention to their driving. And it doesn’t mean that a moment’s inattention while driving can prove fatal. About 6,000 people will die this year due to drivers talking, texting or emailing, while another 500,000 will be injured.

Americans are starting to become alarmed about the severe effects of texting or calling while driving. That’s why 23 states so far have passed laws to ban texting while driving. The national organization FocusDriven, based in Grapevine, TX, was created to fight distracted driving due to cell phones or texting, much as Mothers Against Drunk Driving was formed to fight DUI car crashes.

Oprah Winfrey of talk show fame also has added her own initiative: a “No Phone Zone” pledge for teens. Those who sign promise not to text or use their cell phone while operating a motor vehicle.

Jim S. Adler & Associates stands with those who support such safe driving campaigns and exhorts all drivers of all ages to save texts and phone calls for the proper time: when they aren’t driving a multi-ton vehicle at high speeds in complex traffic. Teens today may say such texting or calling won’t keep them from driving safely, but proof otherwise lies in the deaths of 6,000 persons. Texting car crash accidents do occur, and an unsurprising first time may prove to be a fatal last time.

Jim S. Adler & Associates is a longtime Texas personal injury law firm with offices in Dallas, Houston, San Antonio and Channelview. The law firm offers a free case review and represents victims of auto, car, SUV, truck, motorcycle, bus and other traffic accidents, as well as drunk driving accidents.

May 20, 2010

How Do Deal With Speeding Tickets Tips On Prevention

Filed under: Lawyer — Tags: , , , , , , , , , , , , , , — Adriana Noton @ 2:12 am

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.

May 13, 2010

Demographics Of Drunk Drivers

Filed under: Lawyer — Tags: , , , , , , , , , , — Jim Swanson @ 10:13 am

According to present research from the NHTSA, driving while intoxicated incidents, automobile or motor vehicle wrecks, and car crashes due to driving while intoxicated are a major cause of death for individuals from 2 to thirty-three years old.

30 % of all fatal driving while intoxicated accidents or crashes in the course of the year were alcohol-related, in contrast to 53 percent on weekends. For all collisions, the alcohol participation rate was five percent through the week and twelve percent throughout the end of the week. The effect of alcohol involvement also increases with injury severeness. Alcohol-involved or drunk driving incidents and crashes accounted for 10 percent of property destruction only crash costs, 21% of nonfatal injury accidents; and over 40 percent of fatal injury collision costs; more than 3X as high at night as during the day.

For all crashes, the alcohol involvement rate is 5 times as high at night.

Younger individuals 21 to 24 years of age were most likely to be impaired (BAC of 0.08 g/dl or greater) in dui incidents and fatal accidents in 2003. 32% of drivers 21 to 24 years of age involved in drunk driving and fatal crashes were inebriated, then ages 25 to 34 and 35 to 44.

The drunk level (those over .08 BAC) for men engaged in fatal collisions was 25 percent, compared with 12 percent for female drivers.

For driving while intoxicated mishaps and fatal crashes occurring from midnight to 3:00 AM, 77 percent involved alcohol in the year 2003. The next most hazardous time period for alcohol-related collision fatalities were 9 PM to midnight, followed by 3 AM to 6 AM.

Those drivers over the age of 70 were least likely to be impaired (BAC of 0.08 g/dl or greater) in dwi accidents and fatal crashes in 2003 – only five percent were impaired.

Based on these studies, there can be no doubt that driving while drunk is still very common 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 attorney near you. Discuss you situation with a local New Jersey DWI attorney today.

April 20, 2010

UK Drivers Face More Strict Drink Drive Laws

Filed under: Lawyer — Tags: , , , , , , , , , , , , , — Tom Doerr @ 3:09 pm

There is mounting pressure for the Government to reduce the legal blood alcohol level for drivers in the UK. The current limit permits 80mg per 100ml of blood, 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 which is little more than half a pint or a large glass of wine which is in line with the European Union limit.

430 people were killed as a result of drink driving last year according to Lord Adonis, the Transport Secretary, however this figure does not reflect any figures that of fatalities where drivers were above the lower limit. He also suggests drug-driving is a key concern for the public.

The current UK laws mean that anyone found driving over the legal limit faces an automatic 12 month driving ban but there is current investigation by Sir Peter North QC into 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.

Insurers also concurred with the decision, Edmund King, president of the AA remarked 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.”

Peter North QC added: ”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.”

However this proposal was not welcomed by everyone, Tony Payne, chief executive of the Federation of Licensed Victuallers Associations argued “We will fight this very very strongly,” he said. “This will penalise responsible people because of the behaviour of some idiots.

Thousands of drivers each year are convicted of a drink driving offence but even more are convicted, with lower penalties, of a speeding offence, something that causes many more fatalities each year.

April 18, 2010

Formula 1 Racing Team Take Another Shot At The Consumer Market

Filed under: Lawyer — Tags: , , , , , , , , , , , , — Tom Doerr @ 2:31 pm

Over a decade ago, McLaren made history with their iconic F1, the fastest road legal car ever made (at the time). McLaren only built 106 of the hyper cars to maintain exclusivity but Chairman Ron Dennis has made a striking 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 new car, the stunning MP4-12C is said to be a bid to fight off the financial curse of F1 teams, by becoming a fully fledged road car manufacturer.

McLaren plan to produce 1,200 of the cars in the each year, which should mean it can compete with the likes of Ferrari, Lamborghini and other supercar companies it may rival. It will cost around 150,000 which is standard supercar money and there have been 1,600 pre-orders already.

McLaren will be building a new factory to produce the car which is set to go into production in 2011, when production begins it will create 300 new jobs. McLaren revealed the MP4-12C at a press conference at their futuristic headquarters outside of Woking; it was uncovered by its first two test drivers, McLarens star F1 racers, Lewis Hamilton and Jenson Button.

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”.

Although it could be one of 2011s biggest supercars it will likely not cause as much of a buzz as their F1, however the bigger question is whether the success of this car and this brand will be affected by the one thing they held very dear, their exclusivity? Will the rich and famous still queue up to buy one if it they won’t be the only one driving it? 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

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