The Best Drunk Driving Defense Attorneys Website Scottsdale Az

Posted By turbo266 on April 26, 2011

Resources and Reasons NOT to Drink and Drive

NEVER drive intoxicated.

This tip is yet another of those obvious ones.  But people still do it ALL the time.

To be honest, there really is no excuse for drinking and driving.  Besides simply being responsible and having a designated driver on nights out, there are so many additional services for all different occasions.

If you’re not sure of your blood alcohol level:

Buy a breathalyzer by searching “breathalyzer” in the Google Product Search.  Prices range from as low as to 0.  Most breathalyzers go for approximately . Calculate your blood alcohol level using applications for your smart phone “R-U-Buzzed?” IPhone application by the Colorado Department of Transportation (Free on ITunes).
Do it the old way. Use a trusty chart.  I recommend you print a copy and have it in your car at all times.

If you went alone or everyone in your party is intoxicated:

Take public transportation Take a taxi.  If you went to a restaurant or bar, they should be able to recommend a few different taxi services. You can also call 1-800-GOOG-411 for no cost and ask for a taxi service in your area. There are also several IPhone applications that connect you to a taxi in your area, using GPS functionality.  Try “Rocket Taxi,” “Call A Taxi,” “Cab 4 Me,” and many more! Carpool.  Only one sober driver?  Pitch in for gas and ask for a ride.  However, if you suspect at all that that person has been drinking, be safe and don’t take the risk. Hire a designated driver.  Search for a service in your area and save their phone number in your phone.  Often times they will let you rent drivers by the hour.  Besides having a sober and insured driver behind the wheel, you have the added comfort of being able to take your car home that night.

Now, some of these services may cost more than you want to on your one night out.  However, compared to the cost of a DUI, these prices are dirt cheap.  Here are the costs associated with a DUI (not including personal injuries, medical costs, lost pay, or vehicle damages):

Minimum fine: $ 390 Penalty Assessment: $ 666 State Restitution Fund: $ 100 Alcohol-Abuse Education Fund: $ 50 Blood or Breath-Testing Fee: $ 37 Jail Cite-and-Release Fee: $ 10 Driving/Alcohol-Awareness School: $ 375 (16 weeks minimum) License Reissue Fee: $ 100 Attorney Fees (average): $ 2,500 Auto Insurance Increase: $ 3,600 – ,600
(The Auto Club estimates ,200 a year for 3 years)

Total ,828 – ,828

(Credits to FriendsDriveSober.org and Mothers Against Drunk Driving)

To learn more about the dangers of drinking and driving, visit the following organizations:

Alcohol Alert Center for Disease Control Mothers Against Drunk Driving

And remember, if you or a loved one is hit and consequentially hurt by a drunk driver, consult a personal injury lawyer as soon as possible.  Some consolidated sources to find a personal injury lawyer include:

Car Accident Injury Helpline: http://www.caraccidentinjuryhelpline.com/

Personal Injury Helpline: http:// www.injuryhelplinelawyer.com/

For more tips, please go to my blog at: http://helpcaraccident.wordpress.com/

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Posted By turbo266 on April 24, 2011

Why It Is Such A Mistake To Drink And Drive

Drinking and driving is a serious offense that can have deadly consequences.  In recent years the problem of drunk driving has gained nation-wide attention and caused stricter enforcement of existing laws, along with the inception of new laws and penalties for this dangerous crime. When you read Alcoholism Articles it can motivate a change.

In the US each year, about forty percent of traffic fatalities are the result of drunk driving.  Estimates from 2003 run as high as 17,013 deaths and 500,000 injuries in alcohol-related automobile crashes.

The past twenty years has seen increases in the severity of penalties even for first-time offenders.  Penalties vary by State but include license suspension, fines from 0 to 00, up to six months in jail, probation for six months and two weeks of community service.  If death, injury or property damage occur, penalties increase dramatically.

There are simple ways to avoid drunk driving charges for yourself.  The most obvious is to not drive if you have been drinking.

If you are going to go out drinking, take steps to ensure a safe return home.  The best method is to have a designated driver pick you up and take you home at the end of the night.  If your driver ends up drinking, do not get back into their car and do what you can to keep them from driving.  Take the keys and give them to the bartender, he or she will know what to do.

Use your cell phone to call for a ride, either from a friend or family member, or, if necessary, a taxi.  Keep some extra cash ready in case you do need to call a cab for a ride home.Anything that you can do to avoid drinking and driving will ensure that a good night’s party doesn’t end up a horrible tragedy you wish you could forget.

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Posted By turbo266 on April 22, 2011

You Don’t Have To Be Drunk To Get An Oregon Dui

Alcohol and drugs affect people differently. That’s why some people can consume a case of beer and you wouldn’t even guess they were drunk. Other people can have just one drink and they can’t walk a straight line. That’s why you don’t have to be drunk to get an Oregon DUI. You can be arrested for a DUII, driving under the influence of intoxicants, if you are affected only to a perceptible degree by whatever you have consumed; in other words, if you lack a clear mind and the physical control you would normally have. It doesn‘t matter if it’s exacerbated because of medication, drugs, and/or fatigue. And you don’t have to be on the road to be arrested either – you can be arrested in a parking lot or a school yard.

You don’t have to have prior dui convictions to in order to face heavy dui penalties; even your first Oregon DUI could garner you a minimum of 48 hours and up to a year in jail (or 80 hours of community service), a minimum fine of ,000, ,000 if your blood alcohol concentration (BAC) was .15 or above), and up to ,000 if a child under the age of 18 (and was three years younger than the driver) was in the vehicle, as well as a one year driver’s license suspension, the installation of an ignition interlock device (IID) for one year after the suspension, completion of a drug/alcohol treatment program, and the required participation in a victim impact panel. You could also face probation, during which time you must obey all laws, not drink alcohol, and not use or possess drugs.

Only first-offenders are eligible to seek what is called DUII Diversion. This is a program that allows people to avoid dui conviction and penalties if they complete the program’s requirements. The successful completion results in the dismissal of an Oregon DUI after a period of one year. Be aware, though, that the DUII Diversion program has no effect on a license suspension due to a chemical test refusal; refusing a chemical test automatically suspends your license. Also be aware that if the program requirements are not properly completed, you will automatically face the original dui consequences.

Finally, be aware that the State has recently strengthened its dui laws. House Bill 2870 is an Oregon DUI law stipulating that someone who is convicted of murder in any degree, aggravated vehicular homicide, first or second degree manslaughter, criminally negligent homicide or assault in the first degree due to the operation of a vehicle will have their driving privileges permanently revoked. Regarding license revocation for other drunk driving offenses, Bill 2870 also increases the time between when driving privileges are revoked and the date on which someone can apply for reinstatement. In addition, Chapter 813.170 of the Oregon Vehicle Code is a state law that prohibits any plea bargaining to lesser charges.

All this information suggests that anyone arrested for an Oregon DUI will find it in their best interest to have experienced dui defense attorneys on their side when facing such a substantial adversary. You probably already regret drinking and driving; be sure you don’t have any more regrets going forward.

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Posted By turbo266 on April 20, 2011

Drink Drive Limit Information ? Know The Legal Limits

Whether you live in the UK or the US, drinking and driving is a very serious matter.  Too many people are badly injured or killed due to unnecessary accidents as a result of driving while under the influence of alcohol.  Could you live with the consequences if you killed someone because you were drunk while driving a vehicle?  It only takes a couple of pints to put you over the legal drink drive limit and you cannot rely on how you feel to tell you when to stop.  Part of the problem is that once you start drinking, you are the last person who is best placed to make a judgment about your capabilities. So be smart and take along a designated driver when you go out for a drink.  You can buy the driver’s cokes for the night as a reward for being a friend and making sure you get home safely!

 

Statistics – Driving Under The Influence

 

Here are some sobering statistics for you to think about before getting behind the wheel after drinking:

 

Every year there are approximately 3,000 people killed or seriously injured in drink driving accidents.

One in six deaths is caused by a driver who is over the legal limit.

More than 500,000 breath tests are done each year and out of those 100,000 are positive for drink driving.

Most collisions that are drink related are young men between the ages of 17 and 29.

 

What the Law Says

 

There are some stiff punishments if you attempt or are caught driving over the legal drink drive limit.  Here are some of the most common ones:

 

Driving or making an attempt to drive while over the legal drink drive limit carries a maximum sentence of six months imprisonment, a minimum of 12 months loss of driving privileges and a fine of up to 5,000GBP.

 

For refusing to allow a breath test or any other analysis for drunk driving, you can go to prison for six months, lose your license for 12 months, and have to pay a fine of up to 5,000GBP.

 

If a drink driving offence goes on your license it will stay there for 11 years.  It will take 11 years for you to have a clean license again.

 

If you cause a death while driving while over the drink drive limit  you face a maximum of 14 years in prison,  a two year suspension of your driving privileges, and you must take an extended driving test before you can drive again.

 

The Drink Drive Limit

 

In the UK the drink drive limit for drivers is 80mg of alcohol per 100 ml of blood.  This is referred to as the BAC or blood-alcohol concentration.  The breath alcohol is 35 microgrammes per 100 ml and the alcohol in urine is 107 mg per 100ml.

 

This is equal to about two normal strength pints of beer for a normal sized man.  You should not use that as a guide though.  There are lots of factors such as stress and metabolism that also plays a big part.  Be smart and take a designated driver with you rather than taking any chances.

 

 

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Posted By turbo266 on April 18, 2011

Implications of consuming alcohol while driving

Nowadays, road safety can be a great cause of concern. This is not only true for those who are driving on the road but also the common pedestrian walking on the road or even those who are sitting in the car with you. One of the major causes of accidents on the roads is drunk-driving.

Unfortunately, many people, even after drinking, do not realize how drunk they are and conveniently start driving back home. In addition as the level of alcohol increases in your body, it means that your senses have started to weaken and the task of driving becomes even tougher. You began to have slower eye movements; your visual perception becomes impaired. Moreover your brain has trouble processing information and as a result the time taken by it to react delays. Here are some common sense tips to help you ensure safety on the road and create awareness about the implications of consuming alcohol while driving.

Try to avoid the use of alcohol in your daily life or keep it to as minimal as possible. This not only helps you out on the road but is in fact good for your health as well.
In case you plan to go to a party or an outing where alcohol would be served, make sure you already have arrangements for someone else to pick you up.
Many a times, we find ourselves in a situation where we haven’t planned on drinking but end up doing it anyways. In such instances ask a friend who is sober to drive you home. If no other alternative is left then you can always take a cab.
If you are with a friend or a colleague who you think has consumed too much of alcohol, try convincing him to allow you to drive his car instead.
If someone you know has been involved in a drunk-driving incident. Try to increase awareness amongst other about his or her story in order to inspire others and help them learn from his mistakes

 

The implications of drunk-driving are enormous. Once you are suspected to be intoxicated while driving, you are asked to take a test; usually a blood or a breath test. If the test comes out to be positive, you may get convicted at a court and asked to pay a fine. In many instances your driving license may also get revoked.

 

Thus instead of going through all that trouble it is common sense to take the precautions indicated above and stay away from any such mishaps or accidents which may put your life and the ones you love in danger.

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Posted By turbo266 on April 16, 2011

Driving Under The Influence – Gambling With More Than Lives

Who needs to go to Vegas to gamble? Even people who would say they are not gamblers roll the dice every time they get into a car. Approximately 33% of Americans will be involved in a traffic accident associated with alcohol at some point in their lives and 39% of auto deaths are related to alcohol. Driving under the influence is akin to playing a very high stakes game. Not only with the highest stakes of all, human lives, but the loss of freedom through increasingly invasive laws designed to deter or prevent drunk driving. In Vegas, the house always wins. When a drunk driver causes an accident, nobody wins.

In September of 1897, London taxi driver George Smith was the first person to be convicted of drunk driving. His fine was 20 shillings. Guess he lost that bet. The first drunk driving laws in the United States were adopted in 1910. Those early laws only required proof of intoxication and not specifically what state of intoxication. Initially, observations of erratic or impaired driving, such as weaving in and out of traffic were used to establish guilt. Later came field sobriety tests; such as walking a straight line or standing for 30 seconds on one foot. Demonstration of guilt utilizing these tests was based solely on the police officer’s opinion as to possible impairment. They were subjective at best and wholly inaccurate at worst. A poor  
bet indeed.

In 1936 Norway, the first laws based on a specific amount of alcohol in the blood were introduced. With the invention of the BAC (blood alcohol content) test, objective, but some would say not so reliable, chemical tests have been added to supplement those based on judgment alone. The stakes have grown. Guilt is assessed based on a percentage of alcohol in the blood by weight.  

Next came sobriety checkpoints where drivers are stopped seemingly without probable cause to effect field sobriety tests or alcohol breath tests. This activity would appear to violate the 4th amendment to the constitution but was deemed constitutional by the Supreme Court in 1990.

Criminally negligent homicide, murder and manslaughter are some serious charges drivers can receive. For convicted drunk drivers, the minimum punishment is license suspension, in some areas short jail sentences for first offenses and/or mandatory treatment programs. The stakes have grown higher.

So think twice, or even three times before you get behind the wheel because you are not only gambling with our lives but with our continued freedoms as well. No one holds all the aces in this game.

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Posted By turbo266 on April 14, 2011

Driving While Intoxicated (DWI) In Travis County ? Consequences

One of the most seen signs around the world is the ‘Do not drink and drive’ sign. It is seen on roads, in bars, in restaurants and in pamphlets on road safety. Despite this, drivers around the world tend to drive while drunk. This could be due to a variety of factors ranging from absolute disregard to rules to blatant stupidity. A driver in the inebriated state will find it impossible to be judgmental while driving. This could pose a risk to other road users and the driver himself. Despite the high amount of risk involved drivers do not realize the foolishness of driving while drunk. Therefore, around the globe a number of strict laws are in force to catch and punish offenders. Travis County is no different in this regard. It has in place a number of laws to check drunk driving. The penalties range from cancellation of license to terms in jails.
If you are caught driving under the influence of alcohol in Travis County, you will be produced before a magistrate. Under these circumstances it is important not to panic. You must choose a good defense attorney and he must present your case with conviction. The best defense attorneys are expensive, irrespective of this fact that it is imperative that you choose the best as a weakly presented case can land you behind bars along with a hefty fine.
It is also important to be aware of the law in Travis County regarding ‘driving while intoxication’.  Travis County defines DWI as the operation of a motor vehicle on public road while being intoxicated. The term intoxication does not restrict itself to alcohol. It encompasses drugs and other substances which can cause impairment to driving. Driving under the influence of prescription drugs which causes impairment to normal bodily functions cannot be used as a defense argument if the label on the prescription drug clearly describes the effects of the drug. Intoxication is a state described by either physical impairment or mental impairment or a blood alcohol content of more than 0.08.
To deal with offenders Travis County has a number of legal punishments. The fine for drunk driving should not exceed ,000. If the judge decides on jail terms, Travis County law states that the term must not be lesser than 72 hours and not greater than 6 months. If arrested for DWI and the officer finds a container of alcohol that is opened the law states that the offender must be imprisoned in a state prison for a minimum time period of six days.  The Judge may also see it fit to sentence the offender to community service. According to Texas law the period of community service can be no lesser than 24 hours and no more than 100 hours. Apart from these the offender under probation is subjected to additional conditions and restrictions. He/she is required to have a deep lung devise fitted in the car and is also required to attend a course on alcohol addiction. During the probation period the offender must also stay off alcohol.

http://www.dwitraviscounty.us/

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Posted By turbo266 on April 12, 2011

Driving Under the Influence in Alabama

Every year millions of people in the United States get convicted of Driving under the Influence (DUI). This a crime and often times these drunk drivers maim or kill people due to them not being in the right capacity to operate their motor vehicle. This article will examine what exactly is a DUI and the different sentences associated with it under the state of Alabama. It will also look at the issue of obtaining car insurance once you have been convicted of a DUI in Alabama.

It is a crime to drive drunk and this is often times called driving under the influence (DUI) or driving while intoxicated (DWI), this all depends on the state and how they define it. In the state of Alabama it is known as a DUI. To be considered a drunk driver in Alabama, the driver must have a high blood alcohol concentration of .15 or higher. Drunk driving kills many people a year and puts countless others at risk. This means if convicted of a DUI it carries far reaching consequences. These will be discussed below.

DUI is a crime and if you are arrested there are different sentences that can be handed down by a court in Alabama. These vary and this article will examine what they are. In the State of Alabama if you have a first offense of DUI then you may get some of the following penalties. For a first offense you may either receive one year in jail, a 90 day license suspension up to a ,100 fine and mandatory DUI school. For a second offense you may receive one year in jail, mandatory 5 days in jail, a 1 year license suspension, a fine up to ,100 and mandatory DUI. For your third DUI you may receive one year in jail, mandatory 60 days in jail, a 3 year license suspension, a fine up to ,100 and mandatory DUI. Your fourth and higher DUI offense is considered a C class felony and you may receive punishment of one year and a day to 10 years in jail, a 5 year license suspension and a fine up to ,100.

Aside from court costs, possible jail time and heavy fines people convicted of a DUI in Alabama also have to worry about their car insurance premiums increasing. Most people depend on their car and an added cost to operating one affects people tremendously. Most insurance companies check your DMV records to see if you have any accidents or been convicted of a DUI. Insurance companies in Alabama especially the city of Birmingham if they find out you have a DUI conviction will often times raise your premiums because they feel as if you are a high risk driver. This could send your Birmingham Auto Insurance through the roof.

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Posted By turbo266 on April 10, 2011

If Injured by a Drunk Driver in Los Angeles California, You Need to Know Your Rights

Have you been involved in a California drunk driving accident? The National Highway Traffic Safety Administration estimates that over 17,500 Americans are killed each year in car collisions related to drinking and driving. Large numbers of people are injured every year from drunk driving accidents, with the costs of these accidents towering over the 0 billion dollar mark. If you or someone that you love has been the victim of a car accident where drunk driving was involved, you have cause to file for damages and should be contacting an attorney as soon as possible. Over 200,000 people are arrested in the State of California every year for drunk driving, and you may be able to file for civil action against the driver that hit you.

When an individual is charged with a drunk driving accident in California, they may be facing both civil and criminal charges for the accident. This will be in addition to any California Transportation Department mandates that may fine them, suspend or revoke their privileges to drive, and in some cases even time in jail. In the state of California, an individual that has been injured in a drunk driving accident can sue for damages such as loss of wages, medical expenses, and property damage among any other losses incurred. If the accident results in a death, the estate or the family of the deceased has cause to file a wrongful death claim.

Individuals who have become victims of a drunk driving accident may also have cause to name a third or any additional parties in the claim. Any of these third parties would include establishments that may have provided or sold alcohol to the individual that caused the accident. In some cases, this may even include a civil individual such as a neighbor or friend that allowed the individual to leave the premises with a vehicle under the influence of alcohol. The law specifies that the person in the third party claim must have knowingly provided the alcoholic beverages to an individual that was visibly intoxicated and allowed that intoxicated person to leave in a car.

On the other hand, if you have been the intoxicated driver in a California drunk driving accidents, you will be charged with a criminal offense. Unfortunately for you, the state of California is considered to have some of the most severe penalties in the United States if you are charged with drinking and driving.

There are two factors that will determine the penalty you will receive as a drunk driver in California. Your penalty will be determined by how much alcohol was in your body at the time of the accident, and the presence or absence of a criminal record. Specifically if you have been charged with a DUI (driving under the influence) more than once, you can expect more severe penalties with each subsequent charge. For example, jail time is often avoided for first time offenders, however if you are arrested a second time, your chances of seeing jail time are much higher.

If you have been charged with a DUI or California drunk driving accident, or have been a victim of a drunk driving accident, contact a lawyer as soon as possible to find out your rights.

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Posted By turbo266 on April 8, 2011

Ride With a Drunk Driver and you May be Legally Responsible for your Own Injuries or Death

With the holidays approaching soon, I expect that there will be many more opportunities for people to drive after consuming alcohol. Of course, most people know that a drunk driver who causes injury or death can be sued for this unlawful conduct. But, did you know that a passenger who knowingly rides with an intoxicated person can be held responsible for the passenger’s own injuries or death arising from a drunk driving accident?

Yes, it’s true. A case decided last October by the Washington Court of Appeals affirmed a jury’s decision to hold a passenger 35% responsible for her own injuries after accepting a ride from a driver she knew to have consumed alcohol earlier in the evening.

In the case of Hickly v. Bare, 135 Wn. App. 676 (October 2006), the driver admitted to consuming at least 6 beers earlier that evening. The passenger (Hickly) admitted to consuming 3 drinks before the accident but testified at trial that she was not intoxicated when she got into the vehicle. Another passenger (the drunk driver’s brother) testified that the driver appeared too intoxicated to drive, but he decided to get into the vehicle anyway. All 3 occupants had been at a tavern earlier in the evening where they consumed alcohol. The testimony established that all three were at the tavern for more than four (4) hours.

Shortly before they left the bar, Hickly spoke with the driver about whether he was able to drive. According to Hickly, the driver appeared fine to drive. She testified that he “walked fine, was able to handle his keys and functions of the vehicle, and did not slur his speech.” The driver’s brother however, disagreed with Hickly’s observations of the driver. He testified that his brother was too drunk to drive. Shortly after Hickly got into the car, the driver lost control of the vehicle and nearly hit a telephone pole. He went off the roadway where the car flipped at least 3 or 4 times. A passerby who stopped to render aid testified that the driver appeared intoxicated. Hickly filed suit against the driver and alleged that she suffered permanent neck and back injuries due to the accident.

The driver admitted that he was intoxicated and that he caused the accident. But he also claimed that Hickly had also negligently caused or contributed to her own injuries by agreeing to ride with a driver that was intoxicated. Thus, the only issue before the jury was apportionment of fault and damages.

At trial the jury was instructed by the judge that Hickly could be held negligent for causing her own injuries if they found that she rode in a vehicle operated by a person known to be intoxicated. Apparently the jury agreed with the drunk driver’s attorney by holding Hickly 35% responsible for her injuries when she accepted a ride from a person she knew, or should have known was intoxicated. Hickly’s damages were then reduced by 35% to account for her own negligence.

The appeals court also said that if the jury had found that Hickly was intoxicated when she was injured, then her intoxication might have operated as a COMPLETE DEFENSE precluding recovery of damages altogether. But only if the drunk driver had established that (1) Hickly’s intoxication proximately caused her own injuries; and (2) Hickly was more than 50 percent comparatively at fault in causing her injuries. Hickly was fortunate in this case because the jury did not believe that she was intoxicated even though she had consumed alcohol earlier in the evening.

The lesson from this case should be clear. Even if you don’t consume alcohol, if you knowlingly get into a vehicle with a person whom you knew, or should have known, was intoxicated you could be held responsible for causing your own injuries if there is an accident. You can bet the insurance company will defend such a case vigorously by arguing this new case. Don’t ever knowingly accept a ride from someone who has consumed alcohol.

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