DUI Lawyers,,DUI Laws,Penalties

Archive for March, 2008

There are too many people who believe they can muddle their way through a court system on their own after they’ve been arrested for suspicion of DUI. Some believe that a blood alcohol test level cannot be fought in the court of law. Both of these statements are not true. Court cases are complex and you cannot go it alone; make sure you hire yourself a DUI attorney.

If you’ve never gone through the legal system, you most likely have questions. This DUI lawyer can answer any questions you may have while he/she prepares you for trial. They can help alleviate the confusion that surrounds the court process, which makes the entire process go a little more smoothly and allows your stress level to reduce. When you’ve been arrested but don’t have any idea where to begin, you need to locate a DUI lawyer who will fight for you and answer your questions.

When you’re stopped on a suspicion for DUI, whatever you do… do not answer the officer’s questions. You should also not participate in a field sobriety test or Breathalyzer test until you have spoken with a lawyer. You have every right not to respond to the officer’s questions without a lawyer present. How you act during the arrest process is important especially if you want to be acquitted of a DUI charge. Don’t do this alone.

Every state has varying DUI laws so it’s important that you find a lawyer who has experience in your arresting state. You want them to be knowledgeable about the laws related to your certain situation. They can advise you on what course of action you need to take and ways to support your case. Whether or not you’re guilty, an experienced and smart DUI attorney will scrutinize the tests, trying to find flaws in them and state those findings… all in the hopes to dismiss the charges or bring you an acquittal. The legal counsel you hire should be aware of any and all strategies for a DUI case.

Many people are under the assumption that when prosecutorial evidence is strong against them, they have no chance of getting the charges dismissed or getting an acquittal even with having an experienced criminal defense attorney by their side. Don’t believe it for one second. Your lawyer can work alongside the judge to lessen the amount of your sentence; perhaps he can reinstate your driving privileges or convert your jail time sentence to community service and/or probation.  If you choose not to go to trial, your attorney can assist you in lowering the penalties that can stem from the no-contest or guilty plea.

If you’re convicted of a DUI, it can have devastating, long-term consequences that will affect your life for many years. What you pay to your attorney is nothing when you consider the real costs behind a DUI. When you choose to defend yourself, you will be unable to give yourself adequate representation because you won’t know the ins and outs like experienced lawyers do. Get yourself experienced, worthwhile legal representation for your DUI case.

 For far too long, drunk driving in South Africa has largely been ignored by the authorities and has claimed literally thousands of lives of both drivers and pedestrians over the years. This season, however, the powers-to-be have beefed up their presence on the roads with positively resounding results – the casualties on South African roads have virtually halved.

 

With new innovative technology that has the ability to trace not only the amount of alcohol consumed but the use of illegal drugs as well, it should only be a matter of time together with concerted efforts by all concerned before the statistics plummet even further.

 

Fifty percent of dead drivers are over the limit

 

Although road users are clearly delighted at the zero tolerance approach to drunk driving, startling statistics reveal that as many as 50% of drivers who die on our roads are indeed above the legal limit (0.05 grams per 100 ml).

 

Figures posted by the Arrive Alive campaign for 2002 and 2003 indicate a marked increase of drivers driving while under the influence of alcohol – from 1.80% to 3.10%. In 2002, it was the North West Province that had the most culprits with as many as 4% driving drunk, but in 2003 Mpumalanga had the dubious honour of topping the list with 4.68%.

 

Road users in South Africa are far more vulnerable to drunk driving at night and the statistics for 2002 and 2003 make a drastic leap between the hours of 18h00 to 24h00 when as many as 5.50% of all drivers were found to be driving drunk in ’02 and 5.08% in 2003.

 

Sadly, the death toll has increased exponentially over the years with its only beneficiaries being the overworked car accident attorneys. A study conducted by the Medical Research Council of South Africa in 2004 indicated that more than half of the 570 drivers killed in accidents were over the legal limit, an unacceptable figure by anyone’s standards.

 

A drunk driver or pedestrian is killed every 2 hours on SA roads

 

To put things into sharp perspective, a drunk driver or pedestrian is killed on South African roads every two hours (figures for 2004 – 2006), with the most victims claimed in the Gauteng province, closely followed by KwaZulu-Natal and the Western Cape.

 

A good car accident lawyer will advise you to avoid the local taxis, especially at night, and for very good reason. In 2005 the taxi industry cracked all records by becoming the most dangerous transportation sector, with 7.70% of drivers driving drunk at night. Interestingly enough, the drivers who are least likely to drive while inebriated are truck drivers.

 

“One out of 10 children ages 12 and 13 uses alcohol at least once a month. In a single year, 522 children under age 14 were arrested for driving while intoxicated, (113 of them were under 10 years old). 70 percent of all teenagers drink alcohol. 60 percent of all teen deaths in car accidents are alcohol-related.

According to the National Highway Traffic Safety Administration, over 17,000 people were killed in alcohol-related traffic accidents in the United States last year, a rate of one person every 30 minutes. Even more alarmingly, almost 1/3 of the 15- to 20-year-old drivers killed in motor vehicle crashes in the U.S. had been drinking.

Statistics show that approximately 70% of all teenagers drink alcohol, including 1 out of 10 children between the ages of 12 and 13.

Safeguards against Underage Drunk Driving:

Parents and older siblings must be aware that they are role models to younger family members, and should be cognizant of what kind of examples they set in regard to both their driving and drinking habits.

Restricting access to liquor and automobiles at home may be an effective preventative measure in the short term, but it is even more advisable to confront your son(s) and/or daughter(s) about the serious risks involved with underage drinking.

Whether driving or riding as a passenger in a vehicle, always wear a seatbelt!

If you see vehicles that are speeding excessively or swerving, try to get a license plate number and call your Sheriff’s Office, the local or state police.

If a person has too much to drink and insists on getting behind the wheel, do not get into the vehicle.

If you are going to an event where alcohol will be served, take public transportation like buses or taxis, if possible.

Regardless of your age, if you believe you may have a drinking problem, consult a school counselor, health professional, or an alcohol support group (for example, Alcoholics Anonymous).

In reaction to teenage drunk driving statistics, states have enacted harsher penalties to punish teens that drink and drive. Most states have adopted zero tolerance laws which make it a crime for a teenager to operate a motor vehicle under the influence of any amount of alcohol. In addition to harsh penalties for teenage drunk driving, it is also a crime in most states for a minor to drink, possess, transport, buy or even try to buy alcohol. Parents can be penalized for furnishing alcohol to minors, especially in cases where teenage drunk driving was involved.

Teenage drunk drivers also face some serious legal consequences that will harm them into their adult lives. They face revocation of their driving privileges, stiff fines, probation, alcohol education and treatment, and community service not to mention potential jail/prison time for a severe offense.

If you have been involved in a teenage drunk driving incident, you may wish to speak to a qualified attorney who can advise you of your legal rights and options in a case. Because the laws vary by state and circumstance, a knowledgeable attorney can best help protect your interests in a teenage drunk driving case.

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