DUI Lawyers,,DUI Laws,Penalties

Archive for August, 2006

Types of DUI:There have been many attempts to find advance indicators of who will drive when impaired by alcohol. The most well-established predictor is prior driving under the influence (DUI) arrests. Also, people who injure others or who have been injured after drinking will have more DUI convictions (Buntain-Ricklefs et al., 1995). Those with more total moving violations and more prior convictions of all kinds have more repeat DUI offenses (Peck et al., 1994). Those who refuse blood alcohol concentration (BAC) tests or have higher BAC test results also have more DUI offenses (Marowitz, 1998). The alcohol ignition interlock is a device installed on the cars of some DUI offenders that requires a low-alcohol or alcohol-free breath sample before the ignition unlocks and allows an engine to be started. Studies in the United States and Canada have shown that the interlock reduces DUI (Beck et al., 1999; Coben and Larkin, 1999; Marques et al., 2001a; Voas et al., 1999). The interlock has also been reported to be a good predictor of DUI risk (Marques et al., 2001b). The BAC lock point for the interlock is stipulated in state or provincial law. Typical lock points range between .02% and .04%. The U.S. national guidelines (National Highway Traffic Safety Administration [NHTSA], 1992) recommend .025%; Alberta Canada uses .04%. The interlock’s recorder logs the time and result of all breath tests. The early months of interlock BAC tests predict repeat DUI offenses years later, after the interlock has been removed (Marques et al., 1999, 2001 b). A variety of DUI predictors have been studied, but, unless these are available to court or licensing authorities, they have little practical value. For example, information about drinking patterns has been shown to be predictive of DUI risk, but motor vehicle or court authorities tasked with imposing sanctions do not usually have access to this type of information. For new knowledge to usefully inform policy and lead to lower public risk exposure, it should be accessible to those who decide whether to reinstate driver’s license privileges or continue with sanctions that restrict those privileges. Personal history, adverse drinking consequences, family history of drinking, places of drinking and types of preferred beverages help researchers understand the characteristics of repeat DUI offenders but cannot sharpen sentencing decisions if this information is not in a driver’s file. Unlike some of our earlier work, all data reported here are available to sanctioning authorities in jurisdictions where the alcohol ignition interlock is in use. Alcohol is a factor in 43% of all crash costs (Miller et al., 2002), but alcohol-impaired drivers are hard to detect. Accordingly, a DUI arrest is a low-likelihood outcome relative to the prevalence of drunken driving.

The Penalties of DUI Accidents: Driving under the influence can mean driving under the influence of drugs, alcohol, or both types of substances. No matter what type of substance is used in an offense, driving under the influence can cause serious injuries and property damage. In most states, DUI (or DWI as it is called in some states) is a misdemeanor charge. But, this can change if aggravating factors are present or if you’ve had multiple convictions within a specific time period. Aggravating factors can include injuries or property damage caused by DUI accidents, having a child in the vehicle while the offense is being committed, or having a blood alcohol level that is considered extremely high. Being knowledgeable about the consequences of DUI accidents can help you to better understand DUI law and perhaps help you avoid serious criminal charges.

How to choose a DUI Attorney?Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you’re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You’ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case. Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience. The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer. Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you. A few questions you may want to have on the list you make are:

1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)

2) What do you charge and what is your fee structure? (You’ll want to know the most you’ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there’s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can’t hurt to ask. The worst answer you can get is “no.”)

3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).

4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn’t the lawyer who handled the majority of their case.)

These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire.

Drunk driving is one of those road problems that really send the fumes out of each police officer’s head. In the United States alone, number of incidents and accidents involving drunk driving equals to more than 100,000. According to the National Highway Traffic Safety Administration, there are more or less 17,941 deaths in 2006 caused by “alcohol-related” collisions, and this figure represents 41% of total traffic deaths in the whole country.

The criminal offense of driving “under the influence” exists in most states and, law charges will be filed if the person’s blood alcohol concentration marks at .08 percent or greater. This .08 percent is measured under the unit, milligrams per deciliter, representing 8 g of alcohol in 100 deciliters of blood.

Finding a drunk driving attorney is very easy in the U.S, as this offense is very common in all states. To search for them, you can seek the advice of other lawyers in your area or ask for a directory from your local office. Most of drunk driving cases don’t really need the help of an attorney. The need for a law professional’s help arises only if one committed a drunk driving case that caused injuries to another person or involved homicide.

Each year thousands of drivers are killed as a result of drunk driving, and the laws, penalties and fines regarding drunk driving are getting tougher each year. Remember, bad things happen when people drink and drive.

If you’re interested to read about the complete Article and Some of the blood alcohol concentration statistics in country’s around the world. For more information about Law Against Drunk Driving visit the website, http://drunk-driving-laws.net

The facts about driving drunk include consideration of consequences: Punishment for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) or driving drunk, will vary, based on geographic locale and law in that state or county as well as which country you find yourself in. The potential consequences will depend upon whether or not it is the first offense, and whether various punishment enhancements may apply.

Generally, for a first offense DUI or DWI, penalties will include a fine, possible jail time or community service, a driver’s license restriction, and mandatory attendance at an alcohol and drug education program.

Why Drunk Drivers Are Dangerous: Imaging studies of the brain when it is under the influence of alcohol reveal that different areas of the brain are impaired under high and low levels of alcohol, according to a Yale study published in Neuropsychopharmacology.

“What we found is that when people were really intoxicated, they drove like they were really intoxicated and in a real vehicle,” Pearlson said. “They speeded up, especially on corners, where most people slow down, and crashed more often into other vehicles.” When mildly intoxicated, but below the legal alcohol limit, he said, the drivers seemed aware of the fact that they were impaired and corrected for the deficit. The researchers also found that alcohol had a profound effect on some, but not all, brain circuits activated in sober driving.

The highest blood alcohol level was 0.1 and the lowest was 0.05. Drivers are considered legally drunk when their blood alcohol level is 0.08.

Here are some helpful drunk driving facts:

• One person is killed every half-hour due to drunk driving

• Each year approximately 16,000 are killed in alcohol related crashes

• Alcohol is a factor in almost half of all traffic fatalities

• Every other minute a person is seriously injured in an alcohol related crash

What Are Some Examples of DUI Penalties?

DUI punishment varies from state to state, so you’ll need to check with your lawyer to see what may apply in your particular state. Using California DUI penalties as an example, first offenders who are denied probation can expect the following:

1. 48 hours of jail time minimum.

2. 6 months driver’s license suspension

3. $340 fine

As you can see, DUI penalties are fairly harsh, even for a first offense. There are things that can factor in to a first time offense, depending on your state. Driver’s license suspension may be part of the package, but if you get probation, your state may allow you to keep your license provided you meet certain conditions set by the court. These can include rehab counseling, safe driver classes, and community service. Your lawyer will have more information, but make sure you understand what you are committing yourself to under a probation agreement. Violation of probation is taken quite seriously and can result in automatic driver license suspension and jail time.

The number of cars on British roads is rapidly increasing and as such the chances of a road accident have increased. Many drivers do not realise by exceeding the speed limit and driving without due care, they are putting their own life as well as others in their car and other cars at severe risk.

There are about 1200 driving related deaths on British roads each year as well as a further 20000 serious injuries. This is an alarming number of incidents and one that should urge drivers to pay more attention and care on the roads.

The dangerous driving statistics are alarming but one problem seems to stick out from the rest, speeding. Drivers put their foot down when they think it’s safe but it only takes a split second or a wrong choice to result in a crash. 1 in 3 accidents are speed related with 70% of drivers breaking the speed limit when out driving. It may surprise you to know that by reducing your speed by a mere 1mph, you will reduce the chance of an accident by 5%.

A considerable amount of accidents take place on motorways. Drivers often get tired but want to reach their destination quicker or they speed to achieve the same object. All drivers are urged to take a break regularly to ensure their reactions are sharp and they can think clearly.

A third of motorway collisions are a direct result of driving to close to the next car, however, 40% of drivers still do it. Drink driving is one of the biggest killers of young people aged 17-29 and accounts for a sixth of all deaths on the road.

Around 3,000 people are killed or injured as a direct result of drink driving. If you are found drink driving, the penalty will remain on your license for 11 years and causing death by careless driving under the influence of alcohol carries a maximum jail sentence of 14 years with a minimum of 2 year driving ban.

Consider the implications of dangerous driving before you attempt anything risky on the road. Think of the hurt and pain you cause, not just to your own family, but to those who may have been involved in the same incident. Take care on the roads and drive safely.

(c) 2008 GainMore Advantage

When we ask this question in our workshops, we are usually met with blank stares at first. I call them ‘blank stares’ because to be looked at as if you are completely off your trolley isn’t something I choose to reinforce.

The first response from that first brave soul suggests that there is no need to influence oneself. Basically, it runs like this:

I decide to do something, I tell myself to do it, and I do it. No influence is required. I don’t have to ask myself nicely, or threaten myself with unpleasant consequences, or persuade myself that it will be worthwhile.

Really? If we could slow down the thought processes going on, you might think differently.

Let’s take a slightly different approach. I suspect that you have, inside you, at least two ‘voices’ – the pro voice and the con voice. The optimist and the pessimist. The good and the bad. You may have more, you may not consider them as ‘voices’ – that’s OK, I hope that you can work with me on the concept for a little while.

Let’s say that this is two radio stations, 55.5 and 66.6. The first station on 55.5 is supportive – bolstering your ego, always proud of you and your achievements. The second, on 66.6 is the doubter, always casting doubts in your mind, running you down, always suggesting that others are trying to get you, that you should not listen to 55.5, it always lets you down – you never realise the dreams that 55.5 suggests. 66.6 reminds you of the difficulties you had the last time you tried to do this or that. How nothing ever works for you, that it’s all about luck and fate and chance and that you just are not a lucky person. If you buy a lottery ticket, you will always miss by one number at best. That nobody else deserves to win anything either. Basically, this is a bad voice.

I can see some of you nodding your heads as you read this. Don’t worry, you’re not schizophrenic – this is normal, everyone has this going on. Some days it’s like a continuous debate, others, one or both are quiet with little to say. You know you have a problem when you cannot distinguish between the voices and which of you is real.

So, which station do you tune into?

Here’s the two stations output for a few common golfing scenarios…

66.6

Approaching the first Tee on competition day: ‘Well, it’s a lovely morning with plenty of gusty breezes to knock your ball off centre, and a touch of rain in the air, but very unpredictable whether it’ll rain now or later. You did some good practice yesterday but you know it’ll all go to pieces today don’t you? You know that you always screw up on the first drive and there’s no mulligans today. See your competition today, wow, that first group were good weren’t they. No chance you’ll keep up with them is there. Still, perhaps you can just enjoy the game for a change and not worry about winning or losing – after all you know you’ll lose, so why get your hopes up? Ridiculous game, I don’t know why you bother, should have stayed home and cut the grass. be more useful than out here, being mocked by your friends… oh no, talking of which, there they are, why do they have to come and watch my first drive. They’ll cough or chatter just as I’m lining up, I know they will. Oh well, my turn now, what a disaster, prepare for the worst and don’t get angry…

First Tee shot: So nicely lined up, but then anyone can put a ball on a tee can’t they. Now settle down, breath, how’s the grip – that instructor why did he have to change my grip, it won’t work. Right align my feet, look up, look down, those people down there, are in my line, why do they have to stand there, don’t they know they could be hit… calm yourself, that’s right, may as well get calm now, because once you hit it there won’;t be any calm left, And if you screw up this drive, it’ll all be downhill for the whole day. never recover, so get this right. Wiggle the bum, yes nice, settle, legs bent just right, what if my weight shifts before I strike then hit those people standing there. i wouldn’t mind hitting that smug bastard – he’s such a flash git. Custom clubs, custom balls, bet he cheats, never puts a foot wrong, wipe that smug grin off his face, I’ll show ‘im. Back swing, nice, but is it right, no of course not, arm down, elbow’s bent at the wrong time, as usual, THWACK….. follow-through may as well let go of the club, it’ll go further anyway.

In spite of this, by some divine intervention, the ball soars through the air and lands smack down the middle of the fairway, 220 yards at least beautifully set up for a second onto the green and a possible birdie: Whoa – didn’t know you had it in you. Nice shot, so lucky, you’d never do that again, not in a month of Sundays.

Still, plenty of time to screw up yet…

ENOUGH! Sorry, I just can’t write anymore of this – it’s just too depressing. Is this you? And, were you the one who said that they didn’t influence themselves?

55.5 on the same situation…

What a beautiful day, a few gusts, possible rain in the air. Be a good idea to look at the trees as we walk down the course, see where the gusts are going. if it rains, we’ll change clubs and, quick, borrow an umbrella from Jim there, he can pop back and get another from his car. So nice that my friends are here to cheer me on. Great guys. Now I’m going to show them a great drive. I can see it now, smack down the middle of the fairway, perfect for a chip up to the green and a birdie. I can’t wait to pick up that trophy at the end of the day. Good to have some strong competition – nothing better than a real challenge.

First Tee shot: Breath nice and deep, slow my heartbeat and see that drive. A little gusty from left to right over those trees, just align a fraction to the left because this ball’s going to soar above that line. Glove, into the zone. Complete focus, nice alignment, well done, now a beauty practice swing, nice and loose in the shoulders. Firm stance, good lad, check alignment, now trust your swing. THWACK.

In spite of this, by some divine intervention, the ball soars through the air and too far to the left, way over to the left and lands smack down into the rough by the trees, maybe even really in the trees: Beautiful drive, well done, aligned just a little too far left, so we’ll make sure to fix that. I think maybe the wind dropped as well. Nice lay-up for the second shot – I can use that chip techniques I learned from watching Seve on TV, good for a par if I’m really in the rough, and good for a birdie if it’s not too long. Good, well done.

Now, which station do you want to listen to? The one that derides you no matter how great you are, or the one that supports you and encourages you no matter how poor the shot?

“I don’t care” says someone, so long as I hit great shots I’ll put up with either. Fair enough. Which one do you think will help you enjoy your game? Which one will help you towards a stroke lying ill in bed feeling miserable and no-one coming to visit because you don’t even like yourself, let alone anyone else?

Extreme? Sadly no. Go find the most miserable-faced player in your local club and ask them which station they tune into…