DUI Lawyers,,DUI Laws,Penalties

Archive for July, 2006

The media spends billions trying to program us each day. You may think you are above the white noise of advertising, but we are not. With gas prices so high, why would you have an SUV? Are you really backroading that much these days? With so many SUVs on the road, why would you risk driving an energy efficient hybrid when it could get run over and hardly noticed by the Escalade?  This is all the influence of advertising and the media.

Something or someone influenced you to make that purchase regardless of your rationalization.

Of course, our culture programs us throughout our lives until a paradigm shift occurs which takes us all along with it. The women’s liberation movement was another rejection of past programming that, while important, significantly disrupted the family unit in this country and added massive pressure to women. Woman were pressured to abandon their role as mother which led to another set of programming as children were starting to be raised in day cares instead of homes.

The shift from the conservative traditionalist from the 40s and 50s to the baby boomers of the mid-60s was huge. The music, the sexuality, the questioning of authorities signaled a massive rejection of the programming of those early eras. Of course, all it really did was replace the programming with a newer, more confused version. The utopian ideals of a free love and peace society never reached fruition. Instead, it left in its wake a decade or more of broken promises and divorced families.  But, the music was great.

DUI (driving under the influence), DWI (driving while intoxicated), OWI (operating while intoxicated) all refer to the offense of drunk driving — a dangerous trend that takes lives, invites stiff fines, punishment and penalties. An officer can charge you under the DUI laws if you violate traffic rules. The violations may range weaving, swerving, and drifting to braking erratically.

Though some find it tempting to represent themselves in a drunk driving legal case, having a competent attorney, familiar with drunk driving cases is really a necessity. There’s often a chance the case may be dismissed depending on the circumstances.

It’s always so much better not to get in that predicament in the first place. Bear in mind that if you are convicted in a DUI case, you may lose your license, or get your license and car impounded. You may have to pay a heavy fine or you may land in prison.

The arrests in DUI cases are rising because of new, more stringent laws and regulations that have been introduced in many states.

If you still must select a DUI attorney, be careful. Select a competent attorney who has some good experience in DUI cases and he will be the best defense tool for you.

Your attorney can explain the consequences to you after assessing your case so you will be prepared to defend yourself against those consequences. The laws vary from one place to another and it may be difficult for you to know the local “law of the land”. He can help you understand the possibility of license problems, imprisonment, community service etc. He/She will let you know if there are any special laws regarding underage drunk driving and BAC above the limit. A drunk driving attorney will be able to manage the whole process for you.

If you’re a parent, you should be wary once your kids start to think of driving. After all, these are the people who will likely get into a very dangerous vehicular accident than adults and even seniors. But it doesn’t mean you should stop your kids from doing so. What you can do is to take note of these safety measures about teen driving:

1. Show him how it’s done. As they say, the best teacher will always be experience. If you want to teach your kids the right way to driving, then you have to let him experience it with you. When you’re going to a mall or traveling on a vacation, allow him to sit beside you. Obey traffic rules and don’t go over speed limits. Learn to respect other vehicles and pedestrians. Most of all, avoid talking on the phone.

2. Enroll him in a reputable driving school. There are just some things that you can’t possibly teach him. Thus, it’s highly ideal if you can enroll your teen to a well-established driving school in your area. Majority of these schools don’t only have lectures about how to drive safely and the proper ways to deal with accidents, but they will also experience simulated driving. There shall also be examinations to test their knowledge and readiness in driving their car out on the streets. If you want him to get the most out of his training course, you may pick those schools that also have defense driving training. These are courses wherein facilitators teach students how to deal with harsh weather conditions and vehicular accidents.

3. Avoid letting him drive at night or when in parties. As much as possible, you should put limit in his driving time. Don’t let him drive at nighttime, especially when he’s out with his friends or attending a party. There’s a huge possibility that he’s on a drinking booze, and if he is, he’ll likely meet an accident, if not, get arrested for DUI. He may also be influenced by his friends to go speed racing, which will surely place your kids in grave danger. It’s even ideal that you’ll be the one to pick your children after their drinking session, to ensure that no one gets to drive a vehicle drunk. Definitely, your teen will understand this setup if you can just be objective and open about it.

4. Let him drive. He will never learn unless he drives. Thus, permit him to drive the car, while an expert, perhaps you, sits beside him. This way, he’ll be conscious with his driving ways. You can also provide him feedback, which he definitely needs from time to time. You can both look for a place where there are less or even no vehicles around, so all of the road will be yours.

5. Always remind him to wear his seatbelts. Majority of the injuries happen because drivers are not wearing their seatbelts. Your children may not fully understand why you have to keep on repeating things to them, but if it’s the only way to make sure that he stays safe, then do it.

An El Cajon, California man will stand trial in a drunk driving accident case that occurred in July of this year. 35-year-old Shannon Shimp is charged with two counts each of murder, as well as gross vehicular manslaughter in the deaths of Ian Kinney and Joseph Warren Edwards.

The accident took place on Highway 78 on July 22nd. 19-year-old Tessa Medearis was in a Lexus with her boyfriend, 19-year-old Ian Kinney. A pickup driven by Shimp attempting to pass three vehicles skidded out of control, and into the westbound lanes. It crashed into the Lexus, which was also westbound, ending up on top of the car. Ian was killed instantly. Also killed was Shimp’s passenger, 58-year-old Joseph Warren Edwards. Both men died at the scene. Ian left behind his parents, while Edwards is survived by his wife.

Tessa suffered moderate injuries, and had to be extricated from the wreckage. After the accident, Shimp, who had suffered injuries in the car accident, was taken to the hospital for treatment of his injuries, and then arrested on suspicion of driving under the influence. He was found to have been driving with a blood alcohol level of 0.19 when tests were conducted two hours after the car accident.

On Wednesday, Tessa appeared in court to testify about the car accident that killed her boyfriend. The Superior Court Judge ruled that there were grounds for a trial. There will be a hearing on December 3rd to decide on a date for the trial.

For the two families that lost the most in this tragedy, it seems like justice gets nearer every day. They have had to face the pain of losing their loved ones though no fault of their own.

California has a multi-pronged approach to dealing with the DUI menace. Not only does it have some of the most severe drunk driving laws in the country, but it has also had a significant amount of success in bringing down accident rates in the state, through better awareness programs for motorists, stronger checks and monitoring of drivers, as well as graduated licensing programs for teens that encourage them to be fully educated before they are allowed to drive on their own. The stringency of these laws has led to criticism from groups who believe that license suspensions and the focus on passing breath tests, are unfair. When we continue to have drivers like Shimp who think nothing of tanking up with alcohol that’s more than twice over the legal limit, it’s clear that these criticisms are baseless.