Personal Injury Attorney & Personal Injury Lawyer Blog

July 2, 2010

What Is The Argument Over The Intoxilyzer’s Dependability And Precision

Filed under: Lawyer — Tags: , , , , , , , , , — Bob Samuels @ 12:56 pm

Advocates of the Intoxilyzer say the device will only absorb alcohol and nothing else. On the other hand, opponents of the machine say that the it often misreads various commonly found substances in human breath and mistakenly presents high readings stating that they are a result of alcohol.

Of particular importance here are the following specifics. First, the Drunk driving alcohol concentration law says a person is intoxicated when he has a.08 in his breath, however it does not state.08 by breathalyzer. This point means that no judge or jury is either expected or obligated to believe that an Intoxilyzer test result of.08 or more is accurate or dependable.

Secondly, the manufacturer won’t let anyone outside law enforcement to assess the breathalyzer’s accuracy or dependability. It is commonly believed that for a process to be recognized as accurate and trusted in science, it should be offered to the scientific community for assessment. This is not the situation with theIntoxilyzer.

Third, the manufacturer states it won’t designate the Intoxilyzer to be intended for any distinct function, an implicit admission by the maker that its device is not actually warranted as precise and dependable for breath assessment.

Fourth and final, the Intoxilyzer’s functioning structure is built upon the assumption that each and every person analyzed is exactly the average man or women. All individuals are not exactly average! All of us come in varying sizes, weights, ages, and fluctuate in muscle size, lung capacity, alcohol tolerance, temperature, hematocrit levels (volume of solids in the bloodstream) as well as breath/blood ratio (the number of occasions an item presents itself in the blood vs .. the amount of times the same item is found in the breath). Automatic and undiscovered mistakes can be seen by simply having the person tested not be exactly average. In connection with this, it ought to be noted that Intoxilyzer assumes a blood/breath proportion of 2100/1 (2100 parts alcohol in the bloodstream for every one part of alcohol in the breath) for every particular person tested. Here, it should be known that a greater part of individuals have a blood/breath ratio of 2100/1 or higher. Individuals with a blood/breath proportion higher than 2100/1 will not be prejudiced by Intoxilyzer’s assumption. Having said that, persons with a lower blood/breath ratio will be prejudiced due to the fact that the Intoxilyzer will incorrectly read too high an alcohol concentration result and can bring about somebody who ought to test a.04,.05,.06, etc. to in fact check out at.08,.11,.12, etc. Of unique significance here is the fact that scientists have noted persons with blood/breath proportions as minimal as 1100/1.

Additionally, given that the machine is built, serviced, and operated by people, it is susceptible to human mistakes just like many other devices.

The previously mentioned details effectively illustrate that the Intoxilyzer, even if it is properly operating and is being properly operated, because the individual being tested is not exactly average, can label an innocent man or women as guilty.

Understanding your rights after a DUI arrest is important. Speaking with a DWI San Antonio Attorney is a great first step at knowing what your options are. A qualified NJ Criminal Defense Attorney can help bring to light your legal issues and choices.

June 12, 2010

Drunk Driving Laws In Texas

Filed under: Lawyer — Tags: , , , , , , , , — Franklin Thomas @ 12:20 pm

Texas Law On Drunk Driving

Here are some relevant Texas laws relating to drunk driving:

Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. (a) A person commits an offense if:

(1) the person is intoxicated while operating a motor vehicle in a public place; and

(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

(b) An offense under this section is a state jail felony.

Minimum Term Of Confinement

One of the first issues you may observe about these regulations is that they carry a minimum term of confinement. In the event that you’re convicted under the general driving while intoxicated law, this minimum term is 72 hours, but may obviously be much longer. You will also notice that if you are in immediate possession of an open container of alcohol, this minimum term of confinement goes up to 6 days. Either way, conviction for driving while intoxicated under this section is most likely to end up in a little bit of time in jail.

That is why it is so critical to examine your choices with a local DWI attorney, so that you can maximize your odds of obtaining the best possible consequence.

DWI With A Child Passenger

It is also necessary to note, that under Texas DWI law, if you are convicted of operating a car in a public place while intoxicated with a passenger under 15 years old, it will be a felony. Having a felony on your criminal record can have a considerable impact on several parts of your personal and professional life. Once more, if you are facing charges under these Texas DWI laws, you really need to talk to an experienced Texas DWI law firm about your options.

Choosing the right Bexar drunk driving law firm is a difficult decision that should not be taken lightly. You should talk to your prospective Bexar drunk driving law firm about his/her experience handling drunk driving cases in your area.

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.

May 2, 2010

Getting Arrested For A DWI And What Can Happen

Filed under: Lawyer — Tags: , , , , , , , , , , , — Jason Schultz @ 1:42 pm

He had gone to a celebration with his employer and had a bit too much to drink. When it was time to take off from the get together, he knew that he had had a whole lot of alcoholic beverages nevertheless he was certain that the brief trip home would be without issue. Consequently, instead of phoning a friend, he got in the driver’s seat and started driving home. Just like nearly all men and women who drive after drinking, his faculties were impaired and in just a couple minutes, he had drove into a parked car. On the plus side, no one was in the car when it transpired, but the effects and the harm to his life were permanent.

The Results of a Driving Under The Influence Charge

When the officers halted him his blood alcohol level was 0.2, well in excess the legal limit of .08 and so after being arrested, and admitting his remorse, he was rapidly sentenced for his offense, only to see that things were destined to be much more serious than he estimated. Not only did he need to serve weekend time for his DUI conviction, but also in addition, his career was in jeopardy and his driver’s license was revoked for a year.

An Error in Judgment

Even though the individual in the preceding example was essentially an responsible person, he like so many individuals who drink and drive, simply didn’t comprehend how dangerous it can be. Now, he was facing the humiliation of having a record and losing his position as well as his driver’s license, all for the reason that he utilized poor judgment when getting in the driver’s seat of his car following drinking. Every day, this exact same type of event occurs with thousands of people who without contemplating put their lives and the lives of others in peril. Not only can life turn out to be a mess when driving under the influence, but additionally the mental, bodily and economic harm because of one encounter of drinking and driving is shocking. A DWI not only impacts the life of the particular person who was driving under the influence, but it has repercussions that affect the lives of all the people who rely on the man or woman who committed the Driving under the influence. Besides the risk of prison time, loss of a license and perhaps all driving privileges, other repercussions include a huge increase in insurance if not cancellation, huge fees, the potential loss of a job and the humiliation of a criminal record.

The Cost of DUI

No matter how much you may think that having one or two drinks before driving is fine, if you have a crash and are charged with a DUI, the repercussions will probably be quite severe. The dangers are far too great and the destruction you can do to your life is simply not worth it. A Drunk driving conviction may disappear after a few years, but a Driving under the influence criminal record could stay on your record forever. If you plan on drinking, be sure to give your keys to someone before you even start.

If you or a loved one has been arrested for a DWI, download this Free San Antonio, Texas DWI Attorney Guide. It will provide additional information about San Antonio, Texas DWI’s to be aware of.

April 25, 2010

At What Point Is A Driver Unlawfully Inebriated?

Filed under: Lawyer — Tags: , , , , , , , , , , , — Bill Hopkins @ 3:41 am

When is a driver of a car deemed to be illegally inebriated?

Though state drunk driving regulations are different, you are regarded to be legally intoxicated with a blood alcohol content (BAC) of .08% or greater. Alcohol consumption influences every person differently, but several men and women could be viewed as legally intoxicated after just taking in a couple of drinks. Typically, a 185 lb man could possibly be over the BAC legal cap after drinking 3 or 4 beverages, while a 125 lb woman would be considered legally inebriated after only 2 or 3 beverages. For people who infrequently drink alcohol, even one shot might cause intoxication ultimately causing a DWI.

Obviously, how quickly the alcohol is consumed, whether or not the man or woman drank on an empty stomach, whether or not other medication is being consumed, how routinely the individual drinks, and other elements greatly affect how the body metabolizes alcohol and therefore the blood-to-alcohol content ratio for that individual.

What transpires when an individual is arrested for driving while intoxicated?

Being arrested for a DWI is a scenario the majority of us try to avoid. After being arrested on charges of driving while intoxicated, you’ll likely be frisked by the police, your automobile will get towed and you’ll be transported to jail where you’ll be “booked.” You could possibly be placed in a “drunk tank” with other alcohol or drug impaired arrestees. Despite being under the influence of alcohol, try to be as courteous and silent as attainable. You could be able to get out of jail within a few hours of your arrest, possibly by posting bail.

If not, then you can request the judge to release you at your first hearing. Phone a lawyer straight away or get a friend or family members assistance to do so. The attorney can guide you through the legal progression, as well as help you with any corresponding DMV hearings which may be expected. You’ll not only have to cope with the criminal fees and penalties, but also with revocation of your driver’s license and perhaps civil lawsuits if anybody was seriously injured in connection with your drunk driving.

Being arrested for a DWI is a situation all of us try to avoid. However, if you have been arrested, speaking with a DWI Lawyer San Antonio can help. Talking with an experienced Somerset DWI lawyer will help you to understand your rights and the potential consequences of your situation.

March 25, 2010

San Antonio DWI Attorney

Filed under: Lawyer — Tags: , , , , , , , , , , , — Bill Rogers @ 7:43 am

The San Antonio dwi attorney can help. If you find yourself pulled over by the police remember to be cooperative. You will have to go through a field sobriety test.

Remember to remain calm. But remember it is up to you to do all you can do to create a defense your lawyer can use later in case you are arrested. The case is about how well you perform the test. But the case is already in the favor of the cops who pulled you over.

You will look tired and have bloodshot eyes if you have been awake since four in the morning and it is eleven in the night even if you had not had a drink. You might be instructed to walk a line in the ground. Let the officer if it is dark at night that you have trouble seeing the line.

You have to take a stand even during the test for your defense. But remember to cooperate at all times. If you act like you are upset then this could look like you are not cooperating and that you have had too much to drink. But let them know that you have trouble with their requests is you have any physical challenges.

He might instruct you to hold one leg up in the air and keep your balance. You might have many physical problems that could keep your from doing this to his liking. You might have back trouble for instance.

The test is geared to make you look like you are under the influence. You need to help your defense by telling them why you will have trouble passing their test. This might be the facts your lawyer can use to defend your case. But remember to tell your lawyer everything you told the police.

If you have been arrested and charged with a DWI, talking to an experienced San Antonio DWI lawyer can be very beneficial. A Bexar county, Texas DWI lawyer can advise you about your rights.

March 11, 2010

New Jersey DUI lawyer

Filed under: Lawyer — Tags: , , , , , , , , — Bill Jenkins @ 3:01 pm

There are two ways for the courts to prosecute someone for drunk driving in the State of New Jersey. One is to prove they were DUI (driving under the influence) or DWI (driving while intoxicated) by observation of driving patterns and a subsequent field sobriety test. The other is by administering an alcohol breath test and verifying that the subject is above the state’s legal limit. If you or someone you care about has been charged with driving while drunk, you need to find a good New Jersey DUI lawyer to guide your through the maze that is New Jersey DUI law.

Being a jack of all trades doesn’t always cut it in this specific area of law. Sometimes, the best DUI attorneys are exclusively DUI attorneys and nothing else. They know the ins and outs of the system and keep current with recent changes. That’s who you want to look to for help.

Driving under the influence is a serious offense in New Jersey. Conviction can cause mandatory fines and driving privilege suspension is automatic in some cases, no exceptions. It makes it tough to get to work when you have no license and, once at work, you might even find yourself the butt of the gossip around the water cooler.

First offenders, testing between 0.08-0.10 blood alcohol level, may get mandatory jail time for at least 12 hours and not more than 48 hours. There are fines and other penalties. It becomes part of the public record. It can be very embarrassing. 2nd offenders get stiffer penalties. Third time offenders may get a mandatory 180 day jail stay, plus increased monetary penalties.

A suspect refusing to allow administration of the breath or blood tests may have to face that refusal when it’s admitted as evidence in court. Your driver’s license could be gone for a long time if you refuse to submit.

The bottom line is that DUI charges are serious. You don’t want to face them on your own. In order to best protect your rights and freedom, you should discuss your options with a lawyer who has a focused practice on DUI and DWI defense. Ultimately, this is your best bet to obtain the best result for the particular circumstances of your DUI legal situation.

If you’re facing DUI or DWI charges in NJ, you need to learn your options. Talk to an experienced local New Jersey DUI lawyer about what steps you should take.

San Jose DWI Lawyer

Filed under: Lawyer — Tags: , , , , , , , — Chris Thompson @ 5:24 am

A San Jose DWI lawyer can defend you if you are looking at a charge of driving while intoxicated. If you are stopped for alleged drunk driving you will be asked by the officer to go through the field sobriety.

If you fail the test according to the judgment of officer who gives the test you will be taken into custody and your vehicle will be impounded. You will be taken to the police station where you will be tested for the alcohol content in your body. The legal limit of alcohol in your body is 0.08 percent.

If you alcohol level is 0.08 percent of higher you will be arrested for driving under the influence of alcohol. Yes this is and irresponsible act and there has been great public outcry over people who drink and then drive.

This is why there are so many laws on the book that limit the rights of those who are charged with drunk driving. This is why anyone who has been charged with this offense needs to seek the right legal help to defend their rights.

This is why you need a lawyer familiar with the system to represent you in court. The reason why the drunk driver has fewer rights for one is that driving is not a right it is a privilege. So from that standpoint the rights others have in other criminal proceedings are not available in a drunk driving case.

It will be at the police station your breath, urine or blood is tested. It will be determined then if you are legally under the influence. If you are not at the legal level you will are free to go. If not then you will need to be in custody until it is determined you are sober. When you are released you need to call a lawyer.

If you are facing DUI charges in San Jose, you need to discuss your options with an experienced Sunnyvale DUI legal professional.

March 9, 2010

DWI Attorneys And Where To Find One

Filed under: Uncategorized — Tags: , , , , , , , , , — Jed Totus @ 11:48 am

Bexar County has many DWI attorneys ready to assist drivers who have been arrested for alcohol-related traffic offenses. Finding an experienced attorney who can help with such an arrest is as easy as looking online or in the phone book.

The lawyer’s ad claims about his experience and try to gain us in faith that they will fight hard for us.It really confuses as this is the same which every lawyer claims .So it is a difficult process to find a right attorney than to find a Bexar county DWI lawyer.

If you or someone you know has been arrested for a DWI offense in Bexar County, you need to take it very seriously. DWI attorneys know that the laws in Texas carry mandatory fines, and that offenders can spend up to ten years in prison. Even a first DWI offense can mean between three days and six months in jail as well as a fine of up to $2000.

If you are concerned that a DWI conviction could prevent you from getting a job, or from taking care of your family, you need to act fast. If you do not want to lose your Texas driver’s license, you have only fifteen days from the time you are arrested to request a special hearing. When you are considering DWI attorneys, make sure to look for one who understands this and is willing to work quickly for you.

By Texas law, a person is judged to be intoxicated if the alcohol content of their breath, blood, or urine is greater than .08 percent. The legal definition of intoxication in Texas can be even less than .08 percent in special circumstances. If a person has both a reduction in his or her normal mental and physical abilities, and has alcohol or some controlled substance in their body, they are deemed to be intoxicated. Additionally, drinking any amount of alcohol, regardless of amount, while operating a motor vehicle, is also against the law.

In Texas, the minimum amount of jail time for a DWI conviction is three days (72 hours). If the person is found with an open container of alcohol, the minimum jail time is increased to six days. In addition, a DWI conviction leads to suspension of the person’s license for between 90 days and one year. According to Texas DWI lawyers, a driver’s license can also be suspended even without a conviction if there is a positive indication of alcohol from a urine, breath, or blood test.

In your quest for DWI lawyers located in Bexar County, search for one who is aware of the expectations for both sides, prosecutor and defender. Attorneys ought to realize the way to present challenges to blood and breath assessment results along with the way to safeguard what the constitution entitles you to.

When you are considering DWI lawyers, find an experienced one. Start by searching the Internet for a bexar county dwi lawyer. Good luck!.

March 6, 2010

Hiring A DWI Attorney In San Antonio

Filed under: Uncategorized — Tags: , , , , , , , — Mark Owens @ 2:15 pm

Finding a DWI attorney San Antonio will be a chore that is both easy, and a bit challenging. The easy part is finding one, the hard part is finding the one who can best help you. These kinds of charges are very serious in Texas, and the consequences can be long and lingering. Criminal charges carry stiffer penalties than the misdemeanors that we used to face. Your freedom and your future are at risk.

Knowing how the laws concerning being legally intoxicated work is quite a challenge in its own right. And then on top of all that understanding all the court proceedings involved, proves to be too much for the average person. This is why hiring the proper attorney to represent you is so crucial to the outcome of your case. They can make or break your case, and be the difference in whether or not you go free, and how much you pay.

If your blood alcohol reaches a . 08, you are legally intoxicated in San Antonio. But if you are impaired in any way, from drugs or drinking, regardless of your limit, you may still be brought up on charges. Even if you just happen to be the passenger, a fine of $500 can be imposed on you for the open container that is in the vehicle.

Anytime you get stopped by the police, you should be prepared to prove that you have a legal drivers license, and show your insurance and vehicle registration. Anytime you refuse the take their sobriety test, like the breathalyzer, it is considered an admission of guilt and they will suspend your license automatically for 180 days, or six months.

For anyone who hold a commercial drivers license and gets pulled over, and refuses the tests, your automatic suspension can be twelve months. And if you are so unlucky as to already have a conviction, and this is not your first offense, you can face a two year suspension. This is very serious business, and you should avoid any semblance of this kind of activity while driving.

You can see why hiring a DWI attorney San Antonio is going to be a big help should you end up in any of the above mentioned situations. The penalties are very steep, and you will need all the help you can get. These attorneys know the ropes and the system, and are in a good position to help you to make things as painless as possible. Without them, the chances are good that you will suffer the worst.

Getting a dwi San Antonio can be a nerve-racking experience. Speaking with a dwi lawyer San Antonio can make a big difference in the outcome of your case.

Older Posts »