DUI Lawyers,,DUI Laws,Penalties

Archive for the ‘Cars’ Category

One of the largest expenses you will incur when you become a driver is car insurance. For teenagers just starting to drive the cost of insuring your vehicle can often be more than the vehicle costs to buy. While you are never going to buy genuinely cheap insurance, there are things you can do to reduce your costs such as undertaking driver education.

A great way for teenagers to learn to drive properly is to take advantage of driver education courses that are held in school. The real advantage of learning to drive this way is the closed environment that the course takes place in, and with simulated traffic conditions, you will get hands-on driving experience while avoiding the heavy traffic you might find on the highways.

Classroom teaching will cover all the driving laws and the theory of driving and at the same time it will cover the rights and responsibilities that goes with driving. The student needs to understand all the technical aspects of driving such as managing intersections and moving in traffic, as well as the meaning of all the road signs. Some courses will even teach students how to check their oil level and change a flat.

A good deal of this type of training will focus on driver safety; you will cover areas such as how to drive in different weather conditions, and what activities are unsafe while you are driving like using a cell phone. Defensive driving will also be part of your tuition; you will learn how to steer out of a skid and what to do if you spin the car.

One very important part of the course is designed to impress on teenagers just how serious it is not to drive while under the influence of drink or drugs; first they will get a talk from a teacher, followed by a film demonstrating the effects of driving under the influence. It is the film which has the most impact on young people leaving these courses with the right attitude towards DUI’s.

Another important topic covered is keeping your vehicle in good shape, and how this can help you avoid causing danger to themselves and other drivers. If they are involved in an accident, they are taught what to do, but the focus is mainly on preventing them in the first place.

Overall, the main objective is to get the students to graduate with the right attitude towards driving safely, showing them that they can’t afford to be irresponsible or too overconfident as these types of behaviors are dangerous in themselves.

The education classes play an excellent role in developing safer drivers, which is why they are recognized by the insurance companies who will often quote reduced rates for car insurance. For teenagers it is a way of learning the right way to behave on the highway, and save some money at the same time.

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.

Driving a car can give you a sense of freedom, if you are not stuck in jams of course! But you will only be able to drive if once you get a license. However, may of us start getting a panic attack at the mere though of a driving test! If you\’ve taken one and failed or are turning into a nervous wreck at the mere thought of taking one, the following tips may help you:

Visualize clearing your driving test

You may have heard of athletes or sports persons, visualizing winning before an important game or match. They do this because visualization is considered to be powerful technique which prepares the body and mind for peak performance. You can also use this technique to ensure peak performance in your driving test. Start practicing the following technique a week before you are due to take your test:

Step 1- Lie down and sit in a comfortable position

Step 2- Close your eyes and deep breathe

Step 3- Now visualize yourself driving confidently. Feel as if you are in complete control of the car. See yourself smiling confidently as you take the test. Imagine that you are being told, \”congratulations, you have cleared your driving test\”

Step 4- Relax

Step 5- open your eyes

When you visualize something intensely and repeatedly, your body and mind start pushing towards making that visualization come true.

Listen to subliminal messages

Our subconscious directs our so called \”natural behavior\”. Things like saying \”hi!\” when you meet someone or putting your hand forward to shake hands, which you seem to do \”unconsciously\”, are actually behavior patterns which are embedded in the subconscious. When we do something repeatedly, with time it becomes a part of our natural behavior. Subliminal messages can modify our behavior as they have the power to influence our subconscious.

The most commonly used instruments for transmitting subliminal messages are audio cds. Soundtracks in these cds come packaged with subliminal messages. Subliminal messages if used regularly and repeatedly will boost your confidence and help you to develop the belief that you are going to pass and remove the possibility of failure from your mind.

Drink Driving Law In Scotland

Drink Driving In Scotland

This is a complex and serious area of law therefore we offer FREE online advice in relation to such cases. Ask us about your own case by going to our website at roadtrafficlaw.com

Post Incident Drinking Defence

Expert evidence on post incident drinking

Information required by your expert

Failing to provide a specimen

Procedures blood or urine samples at police stations

Requests for blood or urine samples at hospital

The breath testing equipment

Back calculations and how they operate

The Lord Advocates Directive

 

 

Post Incident Drinking Defence

There is a legal  presumption taken from section 15(2) Road Traffic Offenders Act 1988 that the proportion of alcohol in a drivers breath, blood or urine at the time of the alleged offence was not less than in the specimen.

This means that the defence require to establish the defence if the driver claims that he/she had been drinking after the incident but prior to giving a sample. Check section 15(3) – if the driver establishes the matters set out at section 15(3) on a balance of probabilities then the defence is made out and must be rebutted by the Crown case. This type of defence is common in practise but uncommon in success. It is often referred to as “The hip flask defence” coming from the term used in a case where the accused claimed that after a crash he had taken a few drinks from his hip flask to calm his nerves. Sheriffs tend to take the view nowadays that anyone who has been involved in a road traffic accident will expect to be tested and would be extremely unwise to consume any more alcohol in these circumstances. It is therefore VERY difficult to establish such a defence.

It is not impossible but will usually require the evidence of an independent forensic toxicologist  who can provide a detailed report that will hopefully support the accuseds’ explanation of the amount of alcohol consumed  and when.

The defence must call scientific evidence on the point unless it is obvious to a layperson that the post offence consumption of alcohol explained the excess. Never assume that it would be obvious, you would generally always be wise to seek out a report and to forward a copy of same to the Crown well in advance of the trial to have it agreed wherever possible. Reports normally cost in the region of £250+Vat to prepare however if you require your expert to come to court to give evidence this can be very expensive. It will depend upon the time taken for the witness to be called and to give evidence.

If a driver provides a specimen a long time after the driving offence and this proves to be below the limit the forensic experts acting for the Crown may provide a report indicating that at time of offence the blood alcohol was over the limit and therefore the driver may still be prosecuted. This is  not something that happens very often probably due to the evidential issues and difficulties n presenting the case in a fair manner.

 

The Expert evidence on post incident drinking

The expert will provide a report setting out his presumptions and the mathematical calculations used in coming to any conclusion.

To be successful you really need to provide the expert with as much accurate information as possible otherwise there will always be an element of guesswork about the process and this will work against you. Although the defence ONLY requires to be made out in the Balance of probabilities you will find that this is still a high standard. It is worth instructing a specialist law firm to assist with this whole process but however you proceed there will be a set amount of information that your expert requires. It can be worth calling the forensic department of your local University to see if they have an expert available and then ask them to fax you a list of they require. They sometimes have a form that you can use to provide the required information.

 

Basic Information Required



Full detail of any food consumed from six hours before the

offence.

Weight, height, build, age and sex

Known medical condition (Acid reflux, irritable bowel etc)

Medication taken regularly, or within 6 hours prior to drinking;

Type and quantity of alcohol consumed before the offence and, if possible, the times at which the units of alcohol were consumed. Brand names ok and provide the actual containers that the drink was consumed from eg Glass marked with the measure taken.

the same information concerning any alcohol that you consumed after the offence but before you gave the specimen for the test.



 

 

 

Failing to provide.

This is a complex area of law and there are a great many cases that have assisted us in the definition of what is and is not a “reasonable excuse”. It is not a reasonable excuse to state that you did not give a sample because you wanted your lawyer to be present. Nor is it a reasonable excuse to refuse to provide a specimen of breath or other sample simply because you had not been the driver.

The main successful area of reasonable excuse has tended to be cases where there is a genuine medical problem such as Asthma or real phobia of needles etc. Medical evidence of such a phobia or condition will require to be obtained and examined. Simply because you are asthmatic will not preclude you from providing a sample. The court will require full details about your condition and how it would affect your ability to provide a sample. Expert evidence may be required in relation to your psychological state as this could also have had a bearing on whether or not  you could commit this offence.

Once such a defence is raised, the onus is upon the Crown to prove beyond a reasonable doubt that it has failed and that you are therefore guilty of the offence.

Failing to provide a sample is a very interesting area of defence and we have had a great deal of success in defending such cases. We do not wish to publicise just how we have been successful as this is a competitive area of the law and we all guard our knowledge jealously. If you want the benefit of our success in this area pleas e call or provide us with some of your case details online.

Procedure for blood or urine samples

An area of some confusion as the motorist tends to believe that they have a choice about what type of sample is given and how and where it should be given. You will find that the police officer requesting the sample can decide what type of sample is to be used. Sections 7, 8 and 9 of the Road Traffic Act 1988  set out procedures which must be followed by the police when laboratory samples of blood or urine  are taken. Sometimes police officers fail to follow the strict guidelines that are laid out in the forms that they use as an aide memoir when following the procedure and then he defence have an opportunity to win their case!

The admissibility of those specimens in excess alcohol cases depends upon the procedures being followed strictly. The procedures are set out in this manner to secure a fair and just process that is beyond reproach.

As a suspected driver you are legally obliged to provide a sample where an officer has reasonable grounds to suspect that you have driven a vehicle whilst under the influence of drink or drugs. Do not refuse to give a sample because you were not driving or you were not driking- Bad idea to refuse as this is a separate offence. Let the lawyers sort out the presentation of the defence at court. It is best for you to cooperate fully with the testing process and procedures and simply note carefully what is being said to you and what is going on.

Before a sample is taken the driver needs to be told:



The reason why breath cannot be used as a sample;

That the officer will decide that the sample will be Blood or Urine and what it will be.

Tell you that if you refuse then this is a separate offence. I tend to think they should also tell you that you will most likely be disqualified from driving or holding a licence if you fail to provide.

If they want to take blood they require to ask about medical conditions or any reason to refuse such a specimen. (The police casualty surgeon is called out to take a sample of blood from you)



 

 

Section 8(2) of the Road Traffic Act, a driver may choose to replace a breath specimen by supplying a lab sample in the following circumstances



Where the specimen of breath exceeds the statutory limit; but does not exceed 50 microgrammes of alcohol in 100 millilitres of breath



 

 

The police officer then require to inform you



You are entitled to have this specimen replaced by a specimen of blood or urine; but it will be for the police officer to decide whether the replacement specimen is to be of blood or urine.



 

 

 



He has to check if the  driver has any medical reasons why a sample of blood cannot or should not be taken from him.



 

 

There are sometimes failings in this process and we find that we can successfully defend motorists in such cases where the police have failed in the procedure required of them.

The test of whether the officers failure has caused a fundamental breach of procedure that cannot be cured is usually a matter for the Sheriff however in circumstances where the police officer has failed to check if you have any medical condition that precludes you from giving such a sample we can safely say that we should win that point and save your driving licence.

Blood or urine samples when at hospital

Sometimes samples are taken from a driver when he/she is in the process of receiving treatment following a road traffic accident. Again this is an area of law where the prosecution require to be careful about the methods used to ensure fairness and admissibility of evidence.

The reporting police officer should ASK the driver if there is any reason that he/she cannot provide a sample of blood for analysis. Sometimes this whole process is just handed over to the police casualty surgeon or to a Doctor who is in attendance for another treatment reason. One has to consider if proper legal cautions have been provided and if all proper procedure followed.There is often room for error in the procedure and this area therefore requires careful consideration of a specialist road traffic lawyer.

The Breath Testing Equipment

The Intoximeter EC/IR, the Camic Datamaster or the Lion Intoxylizer  are used throughout the Uk we understand from experience that the Intoximeter EC/IR is now the most widely used piece of equipment for breath testing in Scotland.

They are all type approved and as such certain presumptions of reliability follow. If the defence wish to challenge the reliability iof such a device they really require to do so long before the trial!

They will require to have checked the instrument, the service log,the calibration process, the details of use on day and any other aspects of use. However they may find that the Crown are reluctant to cooperate with the defence on the basis that the whole issue of challenge is merely a “fishing expedition” for the defence.

Therefore when instructing your lawyer on this issue you must bring up the issue of device reliability if you consider it important eg If the reading seems way to high then you should explain to your lawyer what alcohol if any was consumed and why the machine must be at fault. You may require to obtain a forensic toxicologists report to validate your claim BEFORE the Crown will even allow your solicitor to obtain any details regarding the intoximeter device. If the Crown persist in their refusal to provide disclosure on this issue then other areas are open to the defence in an attempt to secure the access to documents that is required for the proper presentation of your defence. You will require an experienced defence lawyer to pursue these issues with the required vigour for success.

Breath Alcohol Less than 40ugs

In Scotland a Lord Advocate’s directive ensures that persons with a reading of 40ug or less will not be prosecuted and in England a driver will not be prosecuted under section 5 with a breath alcohol level of less than 40 ugs. In accordance with the guidelines contained in Home Office Circular 46/1983.