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DUI Nightmare: Man Kills His Own Daughter While She is Walking Their Dog June 19, 2011
Many times we hear about how people minding their own business – innocent third parties – get killed in drunk driving accidents.
Well, did you know that many times it is not innocent third parties that get hurt, but people that are close to the one committing the crime?
Several years ago in Merced, California a man was arrested for drunkenly running over and killing his own daughter. She was only 7 years old and had gone out one night to take their pet dog for a walk.
According to the California Highway Patrol, the was was driving home in his SUV. As he neared his driveway, he swerved ever so slight off the road and then plowed into his precious 7-year old.
Of course, he was devastated and yes, very remorseful… but that does not bring his daughter back. And that does not mean he should get any less penalty since he will be paying the penalty of regret for the rest of his life.
At the beginning of his DUI trail, his wife told the judge that she had forgiven her husband and that he was a wonderful father. But that did not stop the judge from doubling his bail to $150,000. He ended up not only losing his daughter, but his freedom for many years, as he was later convicted on DUI and manslaughter charges.
According to MADDD (Mothers Against Drunk Driving), over 20,000 people die each year in alcohol-related accidents in the United States. Since they have begun their campaign to draw attention to drunk driving and its pitfalls, that figure is way down from where it was in the 1979, when they first began their campaign against DUI.
No one ever intends to kill anyone when they get behind the wheel of a car – drunk or sober. And whether that person killed is an innocent “third party” or someone the killer knows, like a close friend or family member, the result is always the same. Devastation, remorse, and grief.
According to many experts, the ultimate enemy of drunk drivers is their mentality. They think it is “okay” to drive after a few drinks. And normally, the more they drink, the more “okay” they seem to feel about it. One thing that alcohol has the power to do is to give someone a false sense of reality. That’s why many people drink to begin with – to escape troubles and to escape pain. The problem is… that false sense of reality that helps relieve pressure also give them a false sense that everything is “okay” with their mental and physical faculties.
They get behind the wheel of a car, not really realizing that they are now as dangerous behind a wheel, as a 4-year old playing with a loaded handgun. And quite often the result is tragedy – for them, their family, and usually someone else family, too.
Teen Drinking: DUI Is Not the Only Thing You Should Be Concerned About June 17, 2011
Even though there is a minimum legal drinking age of 21 in most states, that does not stop many young people from consuming alcohol. Some even go to the extremes of binge=drinking, where they have more than four drinks “in a row” or within a very short period of time.
The age group that is the most likely to begin drinking are teens between thirteen to fifteen years old. According to the results of a recent survey of middle and high- schoolers, 25% of all young people were drinking at least occasionally by the eighth grade and over 50% of all teenagers were drinking by the time they reached twelfth grade.
Research suggests that too often drinking is not a result of only peer pressure, but an expression of adolescent turmoil that includes problems in the home and problems in school and other social groups. Studies prove that teens with solid families — where there is a lack of tension between their parents, as well as open lines of communication between parents and teens – drink less than their more “troubled” counterparts.
Alcohol consumption amongst teens can lead to other difficulties as well. DUI is big risk amongst teens that drink and also have a driver’s license, as alcohols impairs their ability not only to drive, but their ability to reason logically whether they should be getting behind a wheel in the first place.
But alcohol has many other negative effects on teens beside the risk of DUI. Alcohol consumption can damage a teen’s health, both psychologically and physically. Liver problems can start early for teens who binge drink, and there are many cases where teens have overwhelmed their liver to the point of liver failure in just one night of binge drinking, where the teen is not know to have consumed alcohol previously.
Also, regular use of alcohol amongst 12 to 16-year olds has been associated with psychiatric disorders, leading to anxiety and depression. In one study of college freshmen, those abusing alcohol were more than twice as likely to have anxiety disorders and high school students that drank were four times more likely than their peers to have major depressive disorders.
Finally, alcohol has been blamed for the increase in suicide amongst teens. In one study, over 35% of females in the 8th grade who consume large amounts of alcohol had either contemplated or attempted suicide, compared to only 10% of their peers in the same age group who didn’t drink.
So, the next time you are having that talk with your teen about drinking and the consequences of DUI, remember that alcohol can harm teens in more than just one way.
Make sure that they are aware of the risks and understand the dangers of alcohol beyond getting into a vehicle while they are impaired.
Effects of Drunk Driving on Insurance April 19, 2011
Drunk driving has become a major problem on the roads of the United States these days, which makes the roads a much more dangerous place to be at certain times of the day. Being pulled over for suspicion of driving under the influence can be a very scary thing to deal with, especially if you have had a drink, even if it was only one drink. Your best bet when it comes to drinking and driving is to not drive at all when you have had even just one drink. This means you will need to have plenty of self-control if you enjoy an adult beverage every now and then.
Drunk driving comes with a ton of consequences and they not only include the loss of a driver’s license and possible jail time but it will also change your insurance policy. A driver’s auto insurance policy might skyrocket in price when charged and convicted of driving under the influence, no matter what state you live in or where the offense took place. Automotive insurance is required by all 50 states and the District of Columbia in the United States in order for you to drive on the roads without breaking the law.
Being charged with a drunk driving offense and then convicted of that charge can turn a person’s life upside down, especially when it comes to insurance costs. Even though the driver will be without their driver’s license for a lengthy frame of time, when the license is reinstated, their insurance rates will still be affected negatively. An auto insurance company usually looks back anywhere from three to five years on a driver’s record in order to determine insurance rates and a DUI conviction stays on a driver’s personal record for at least 10 years in most states within the country.
In some instances, such as being a repeat offender, an insurance company will void an auto insurance policy for a driver because they have become too much of a risk on the roads. This means that the driver has become a liability and too expensive to insure even when the driver’s rates have been increased by the company. If you are dropped by an auto insurance company you will have an even more difficult time finding a company that will provide you with auto insurance. If this happens, you might have to wait anywhere from a couple of years to five years before you can find a company willing to provide you with a policy, even if it is a minimum required policy.
Do not let your insurance rates increase if charged with a DUI offense. Instead, consult a lawyer who can work towards having the charge dropped because of faulty breath testing equipment or a false or incorrect report by the police officer.
Drunk Driving Overview April 19, 2011
As the major and minor roadways of the United States continue to become overcrowded, more and more drunk driving incidents occur. One of the reasons for this is that some drivers just do not have the self-control to hand their keys to someone else after having too much to drink. Another reason for this is that some drivers just do not care for themselves or others on the roadways, which is why they continue to drive even after having some alcohol. Driving while under the influence of alcohol kills thousands of people each year on the roadways of the United States, which means that everyone is in danger of being in a DUI accident at some point during their lifetime.
Police departments all over the country setup checkpoints at various times throughout the year and at different times of the day in order to catch and arrest DUI offenders. These checkpoints can either be in plain sight or hidden, with officers striking at the right moment in an unmarked car or in a marked car. These checkpoints help to save lives of those who are driving under the influence and those who are innocent but in the wrong place at the wrong time. The more checkpoints that officer setup, the more offenders they catch, which means the rate of incidents decreases.
The most popular time of year for police officer drunk driving checkpoints is the night before the Thanksgiving holiday. The reason for this is that so many college students have returned home from school and head out to the bars to see their high school friends.
This makes the night before Thanksgiving not only one of the most heavily traveled during the year but also a major party night for people all of ages. Police officers have even been known to setup their checkpoints outside bars and restaurants that serve alcohol so they can check drivers as they walk to their vehicles or pull out of the parking lots.
If you enjoy adult beverages when out at bars and restaurants, be sure someone with you is the designated driver so you do not have to get behind the wheel. Even if you have only had one or two drinks, it might be in your best interest to avoid driving in order to keep not only yourself safe but also those around you on the roads. Driving while under the influence of alcohol can ruin not only your life but also the lives of countless other people.
Being charged with a drunk driving offense can cost you thousands of dollars in fines, possible jail time, driver license suspension, possible driver license revocation and many other penalties. It is just too risky to drive a vehicle after having even a couple of drinks because your body might respond differently to alcohol when the stomach is empty or even when it is full of food.
Drunk Driving Consequences April 19, 2011
Driving a vehicle while under the influence of alcohol or any other controlled substance cannot only be very dangerous but it can also lead to severe consequences. Those consequences can include the suspension of your driver’s license, major fines, possible jail time, and the most severe consequence of them all is death. The final consequence of death can be the death of the person who was involved in a drunk driving incident or the death of a passenger, a pedestrian, or a driver in another vehicle on the road at the time of the incident.
The first of the four major consequences of drunk driving, driver license suspension, can alter your life almost immediately. Being of legal age to operate a vehicle and without a license can cause you to lose money, miss school, and miss family or friend activities. Not being able to drive oneself to and from work can cost you money in the event that you routinely arrive late, which could cost you the job. You might also have to spend more money on public transportation than you ever have before, taking away from the money you bring in from your job.
The second of the four major consequences, major fines, will set you back financially for quite some time. The fines incurred from a drunk driving charge and eventual conviction can be in the thousands and must be paid to state and federal authorities depending on the state in which the incident took place. If you do not have the money to pay those fines when they are charged to you, it is possible that you could face jail time, even if you were not facing jail time originally. The best way to avoid all of these penalties is to never get behind the wheel of a vehicle after having adult beverages.
The third of the four major consequences of drunk driving, possible jail time, depends on the state laws in which the incident took place and how many times you have been charged with this crime. If you are a second, third, or fourth time offender, you will be subject to jail time in almost all 50 states of the country. This means that you will have to begin serving your jail time almost immediately, sometimes right after being arrested by the officer who pulled you over on the roads.
The fourth of the four major consequences of drunk driving, death, is the most serious of them all. Anyone involved in a DUI accident can be hurt or even killed, no matter if they were the one drunk at the time of driving the vehicle or not. Driving under the influence of alcohol is a very dangerous risk to take, especially if you have passengers in your car alongside you. You risk not only your own life but also the lives of those in your car and the lives of those around you on the road when driving drunk.
Testing for Drunk Driving April 19, 2011
Drunk driving has become one of the most dangerous crimes on the roads of the United States today, with thousands of people dying because of DUI accidents. Driving under the influence of alcohol can cause major accidents that result in the death of the driver, a passenger, a pedestrian or a driver or passenger in another vehicle. Anyone who drinks an alcoholic beverage and gets behind the wheel of a vehicle is responsible for whatever happens once the vehicle’s ignition is turned on and the vehicle starts moving.
On the other side of things, any house or establishment where a possible drunk driver comes from is also responsible for what happens on the roads. The person serving the alcohol has to cutoff the patron or visitor when they feel he or she has had too much to drink.
When a vehicle is pulled over by a police officer and the officer suspects that the driver has been drinking, the officer has every right to ask the driver to vacate the vehicle. The officer can perform a variety of tests on the driver, which will determine the blood alcohol level of the driver and whether or not he or she should be officially arrested for drunk driving. A couple examples of those tests include walking a straight line, reciting the alphabet backwards, balancing on one foot and taking a breathalyzer test. Breathalyzer tests admitted on the road might not be as accurate as those administered at the police station, which is why most police officers will transport their suspect to the station for further, more accurate testing.
If you have been suspected of driving drunk and have been administered a breathalyzer test on the road and at the police station, consider hiring a lawyer to investigate the process used to determine your blood alcohol content level. A lawyer will be able to find out the accuracy of the testing machines, making sure that they have been calibrated within the past couple of months, which helps the machines take better readings. A lawyer will also be able to answer all of your questions regarding the defense process, if you should enter a plea bargain, if you have a chance at beating the case and much more.
Testing for drunk driving use to simply entail the physical tests done at the site of the traffic stop along the side of the road. Even though officers have technology at their fingertips when it comes to testing for drunk driving, they still prefer to use natural testing first to determine if a breathalyzer is needed.
The tests the officers use are the balance test, reciting the alphabet in reverse, walking in a straight line, being able to repeat anything the officer says without omitting a word and many other tests.
Designated Drivers Prevent Drunk Driving April 17, 2011
The Hero campaign, which stretches across the country, is a program dedicated to designated drivers. Designated drivers keep people alive, saving thousands of lives each year. What is a designated driver? A designated driver is the person in your party who does not consume alcoholic beverages when out at a bar or restaurant. Instead, this person is responsible for the care and well being of the others in their party as well as the other motorists on the roads. Designated drivers are the last line of defense between those who consume alcohol and motorists around them on the roads.
A designated driver should let the party members know ahead of time that he or she will be the driver for the night. He or she should also make sure none of the party members bring car keys with them should they be near their vehicles. This helps prevent anyone over the limit commit a drunk driving offense. The driver should also look out for the members of the party when at the bars and restaurants. If he or she notices a member of the party getting out of control or having too much to drink, the driver should escort that person out of the establishment before problems arise.
Designated drivers should never, no matter the situation, have an alcoholic beverage at any establishment when serving as the driver. If the driver has a drink he or she should surrender the car keys to an employee of the establishment immediately and have a taxi called to pickup the group. The designated driver has a responsibility not only to themselves but also to the members of the party and motorists all around them. Should a designated driver back out of the duties required for any reason, the group should find a new driver and not rely on one party member having just enough to drink without going over the limit.
Designated drivers help save lives all across the country each year. Despite the thousands of deaths in the United States each year due to drunk driving accidents, designated drivers help save thousands more across the country. Designated drivers are the protectors of those who enjoy adult beverages on a regular basis, which there is nothing wrong with so long as that person does not get behind the wheel of a vehicle after consuming those beverages.
Preventing drunk driving accidents in today’s world is the number one goal of police departments patrolling the roads of the United States. Officers use DUI checkpoints on the roads, they offer courses, and they sometimes sit outside of establishments that serve alcohol to test patrons as they approach their vehicles to leave for the night. Always remember, designated drivers prevent driving under the influence and they help to save lives.
Drunk Driving Defenses April 17, 2011
Drunk driving is a very risky thing to do in the United States these days because of the consequences involved. Anyone driving under the influence of alcohol or another drug can cause serious harm to themselves or another person. That other person could be a passenger in the driver’s car, a pedestrian, or a motorist in another vehicle. If you have been suspected of drunk driving by a police officer, be sure to hire a defense lawyer so you can defend your case as much as possible. A lawyer will have plenty of resources at their disposal to investigate your case and put together a defense against the state.
The first thing a lawyer will do for you in a drunk driving case is request your driving record and the police report from the department that made the traffic stop and arrest. The lawyer, upon receipt of these documents, will begin his or her investigation into the incident. The lawyer will then visit the police station to investigate whether or not the machine used to test your breath was calibrated recently. If the machine was not recently calibrated then the reading could have been inaccurate, which could have led to a reading that was too high.
After the lawyer has investigated the machine at the police department and read through the police report, he or she will meet with you to discuss the findings. The findings will determine whether or not the case should be pursued by the lawyer or if the client should enter a guilty plea. The lawyer will have the best answer based on the findings of the investigation. Should the lawyer feel that the case should go to court, he or she will begin discussing possible defenses with you at the meeting.
DUI Attorney
The defenses most often used by lawyers fighting a drunk driving case are ones that attack the police officer, the breathalyzer test that was used, the machines used at the station and the probable cause of the officer. Should the entire incident be in tape, from the dashboard camera of the officer’s cruiser, the lawyer can have that video subpoenaed as evidence. The video, which also records audio, will prove to the court whether or not the officer had probable cause for the traffic stop and for the subsequent DUI tests that were administered.
In some states, DUI checkpoints must be visible when driving. This means that police officers cannot be hiding in unmarked vehicles out of sight from motorists. Should you be pulled over and charged with DUI at a hidden checkpoint, the lawyer could argue that the stop was done illegally and the charge should be dropped for this reason. If you are charged with drunk driving be sure to hire a lawyer instead of representing yourself for the case. A lawyer has the education and experience fighting these types of cases.
DUI Laws April 17, 2011
If you are like thousands of other people in this country and love to enjoy a drink now and again, it is imperative that you know the DUI laws no matter what state you are traveling in at the time. This can mean the difference in jail time and getting off should you have an infraction. Be sure that you are caught up on all the legal ramifications of driving under the influence before getting behind the wheel of any car.
The best way to avoid a DUI is not to drive if you have been drinking. Even one drink can be too much for some people to drive home. You should always have a designated driver if you intend on drinking anything. This can prevent things such as losing your license or even jail time should you be pulled over or involved in an accident.
Getting behind the wheel with the ignition on can be considered driving under the influence in some cases. If you are going to sleep it off in your car be sure to sit in the passenger seat or even in the back seat so you cannot be considered operating the vehicle.
Some states have created harsher punishments and more restrictive guidelines for their driving under the influence cases. The legal age in any state is 21. There have been many different laws passed for DUI cases. There are things like losing your license for a year, jail time, driving and drinking classes and more that you could face. This could cause you to lose your job or future jobs due to this being on your record. If you have been arrested for drinking and driving then you should be sure to have a lawyer on your case that understands the laws in your state. They should be able to help you understand all of the ins and outs of the case before you get to court.
With all the accidents that have happened and people who have died in these crashes, the laws in each state are more harsh and strict than ever. Be sure that you make the decision to have a designated driver if you are going out and enjoying a night on the town. Making this step can save you lots of time and heartache the day after.
The punishments you can face are not worth the one extra drink you may have that night. Be sure to always take the precautions you need when you are going to have a drink. It could mean life and death in some cases. If possible the best place to have a drink, more than one, is at your home or place you are staying for the night. This will prevent any possible accidents or DUI infractions you may incur. The officers are not playing and the law has gotten strict. Inform yourself and know what could happen when you choose to drink and drive.
What are your DUI Defenses when Charged April 17, 2011
If you have been pulled over and charged with a driving under the influence infraction, understanding what your DUI Defenses are is very important. If you have never been in trouble with the law or stopped for this problem, there are some ways to lessen your punishment.
Each state has different laws and guidelines when it comes to driving under the influence. Some have less harsh penalties for those who are first time offenders. The first thing you should do is find an attorney who has experience in dealing with these types of cases in your state and even in your county. The counties can also have their own laws that differ from what the state will set. They can be harsher than just the state depending on what has gone on in that county. There are so many penalties that you could receive from jail time, fines, and losing your licenses. Losing your license is one of the most feared because this not only affects you but the people around you. You cannot drive to work or pick up your children. This can cause more ripple effects in your life than just the DUI can.
The attorney you hire should have experience in defending these cases. They can explain to you what you need to know before going to court and how to handle yourself in the proceedings. They can sometimes fight for lesser punishments and shortened jail time or no jail time.
Depending on your offense you can sometimes get away with paying fines and probation. If you should be stopped again while on this probation you can have some more serious punishments handed down. The best defense you can have is having an experienced attorney and office that knows how the laws in your state and county work and how to work with the judges in the case. They can consult with you and prepare you for what you will face when walking in the courtroom.
Be aware that if you are convicted this cannot only affect your current employment but future employment as well. People are turned down for jobs because this shows up on your background checks and records. Should you have a few drinks you must be responsible. You can have a designated driver and prevent the possibility of a DUI. Talk with your attorney and find out all you need to know before going to court. They can help you to defend yourself and get the least amount of punishment possible. The best way to defend yourself is to prevent it from happening in the first place. Never drive when you have had any type of drink, no matter how many you have consumed. Always be on the safer side when it comes to drinking and driving.