Posts Tagged ‘drunk driving’

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A Discussion Of The Controversy Surrounding The Intoxilyzer’s Reliability And Accuracy

July 5th, 2010

Supporters of the Intoxilyzer will say the machine will only absorb alcohol and nothing else. Having said that, opponents of the Intoxilyzer say that the it frequently misreads other sorts of frequently found elements in human breath and incorrectly shows high readings saying that they are from alcohol.

Of particular importance here are the following points. First, the Drunk driving alcohol concentration law states a person is drunk when he has a.08 in his breath, although it does not say.08 by breathalyzer. This fact implies that no judge or jury is either expected or obligated to believe that an Intoxilyzer result of.08 or more is accurate or dependable.

Second, the manufacturer will not permit anybody outside of law enforcement to test the machine’s accuracy or dependability. It is commonly believed that for a method to be established as legitimate and reliable in science, it must be offered to the scientific community for assessment. This is not the scenario with theIntoxilyzer.

Third, the producer says it won’t warrant the Intoxilyzer to be fit for any particular purpose, an implied admission by the manufacturer that its machine is not actually guaranteed as precise and reliable for breath testing.

Fourth and last, the Intoxilyzer’s operating design is built upon the presumption that every person tested is exactly the average individual. All people are not exactly average! Human beings come in various sizes, weights, ages, and vary in muscle size, lung capacity, alcohol tolerance, temperature, hematocrit level (volume of solids in the blood) as well as blood/breath proportion (the amount of times an item shows up in the blood vs. the number of times the same item is found in the breath). Automatic and unknown mistakes can be illustrated by just having the person tested not be exactly average. In connection with this, it should be mentioned that Intoxilyzer assumes a blood/breath proportion of 2100/1 (2100 parts of alcohol in the blood for every 1 part of alcohol in the breath) for every individual tested. Here, it should be noted that a vast majority of persons have a blood/breath ratio of 2100/1 or higher. Persons with a blood/breath proportion higher than 2100/1 will not be prejudiced by Intoxilyzer’s assumption. However, persons with a decreased blood/breath ratio will be prejudiced because the Intoxilyzer will erroneously report too high an alcohol concentration result and can bring about somebody who ought to test a.04,.05,.06, etc. to actually check out at.08,.11,.12, etc. Of unique relevance here is the fact that scientists have recorded persons with blood/breath ratios as minimal as 1100/1.

Additionally, given that the Intoxilyzer is designed, serviced, and handled by humans, it is subject to human errors just like any other machines.

The above facts conclusively illustrate that the Intoxilyzer, even if it is properly working and is being carefully operated, because the person being tested is not exactly average, can label an innocent individual as guilty.

Understanding your rights after a DUI arrest is important. Speaking with a Collin County Lawyer is a great first step at finding out what your options are. A qualified NJ Criminal Defense Attorney can help clarify your legal issues and choices.


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What Are The DWI Laws In The State Of Texas?

June 10th, 2010

Texas Regulations On Drunk Driving

Listed below are a few relevant Texas laws concerning drunk driving:

Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

(b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person’s immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.

Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. (a) A person commits an offense if:

(1) the person is intoxicated while operating a motor vehicle in a public place; and

(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.

(b) An offense under this section is a state jail felony.

Minimum Term Of Confinement

Among the first items you will notice about these laws is that they carry a minimum term of confinement. In case you’re convicted under the normal driving while intoxicated law, this minimum term is 72 hours, but may naturally be much longer. You will also see that if you are in immediate possession of an open container of alcohol, this minimum term of confinement rises to 6 days. In either case, conviction for driving while intoxicated under this section is very likely to end up in some time in jail.

That is why it is so necessary to go over your alternatives with a local DWI legal professional, so that you can increase your chances of having the best possible outcome.

DWI With A Child Passenger

It is also important to note, that under Texas DWI law, if you are convicted of operating a car in a public place while intoxicated with a passenger under 15 years old, it will be a felony. Having a felony on your criminal record can have a severe impact on several areas of your personal and professional life. Once more, if you are facing charges under these Texas DWI laws, you really ought to talk to an experienced Texas DWI law firm about your options.

Choosing the right Bexar drunk driving attorney is a difficult decision that should not be taken lightly. You should talk to your prospective Bexar drunk driving attorney about his/her experience handling drunk driving cases in your area.


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Governor Ritter Signs New Colorado DUI Law

June 7th, 2010

On May 25th, 2010, Governor Bill Ritter signed into law new legislation requiring tougher penalties in DUI (Driving Under the Influence) or DWAI (Driving While Ability Imparied) cases. The text of HB10-1347 can be found here: http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/0AA564A18087D71A872576A80027B60C?Open&file=1347_eng.pdf

The law will go into effect July 1, 2010. The more notable provisions in the new law require tougher penalties for repeat DUI or DWAI offenders. First, if a person is convicted of a second DUI or DWAI within five years of their first offense they will be required to serve a mandatory minimum sentence of 10 days in jail and they will not be eligible for “earned time, good time, or trusty prisoner status..”. A person will, however, receive credit for any time served prior to the conviction. Anyone convicted of a second offense within 5 years will still be eligible for a work/school release term of confinement, but will not be eligible for in home detention.

Second, persons convicted of a third or greater offense of either DUI or DWAI will now be required to serve a mandatory minimum of sixty days in jail. They will also not be eligible for any good time, earned time, or trusty status during their term of confinement. Work/School release is still a possibility if the county in which they are sentenced offers such programs. Repeat offenders who are being sentenced for third or greater offense will also not be eligible for in home detention.

Additionally, for all repeat offenders the minimum term of probation must be at least two years. If a person has complied with all terms of their probation including their drug/alcohol treatment and community service they may petition the Court for early termination of their probation. This may be done by motion of the District Attorney, Probation Officer, Defense Counsel or the offender.

The new law also allows for the Court to require an interlock ignition device on an offender’s vehicle. This new requirement of an interlock device has been common practice through the DMV for repeat offenders and for early reinstatement for first offenders.

Joshua McDowell is a criminal defense, felony & DUI Lawyer with McDowell Laybourne & Rodemer. Mr. McDowell is also a Colorado Springs Car Accident Attorney with a personal injury practice including work on motorcycle & bicycle accidents.


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The Subject Matter Of DWI And DUI Bears Many Of Myths Which Are Just Untrue

May 29th, 2010

It is simply dangerous to drive an automobile if drunk. Studies demonstrate that the majority of men and women in the United states consider impaired driving to be among the US’s most significant social problems, more significant than health care, poverty/hunger, racial discrimination, and education. Most Americans view intoxicated driving by others as a main menace to themselves and their families.

The percentage of car mishaps brought on by alcohol consumption is in reality not known. Alcohol-related accidents consist of mishaps that are clearly not caused by alcoholic beverages; as, for example, when a driver who has been drinking is waiting at a traffic light and rear-ended by a sober but inattentive driver.

In the past, over twenty-five percent of fatally wounded motor vehicle operators had BACs of at least .10. Naturally, alcohol was not a cause of some unknown amount of these tragedies.

A single death due to drinking is simply too many. Each and every such fatality is a pointless disaster that permanently traumatizes many others.

The subject matter of DWI and DUI carries many myths which are simply incorrect.

Sucking on pennies may lower a person’s BAC level. False: Using pennies or other copper has zero impact on alcohol breath tester BAC final results.

Hypoglycemia brings about acetone in the breath, which the Breath analyzer will register as alcohol on the breath. True: Sadly, about one of seven motorists is diabetic and in danger of false arrest and conviction for DUI/DWI.

Field sobriety exams, being dependant on scientific principles, perfectly identify drunk drivers. False: A study showing police officers videotapes of individuals undergoing common field sobriety tests, and asking them to consider whether suspects were too intoxicated to drive legally, reported incorrectly 46% of the time. The use of field sobriety tests led to judgments by the police that were about as accurate as a coin flip.

In the event you feel you have been wrongfully charged with a DWI offense, it is definitely worth consulting with a legal professional who deals with DUI defense near you.

Consult with a local San Jose DUI lawyer about what steps you should take to protect your rights, freedom, and future. A local DUI lawyer is usually your best chance to get the most positive outcome.


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How Do Deal With Speeding Tickets Tips On Prevention

May 20th, 2010

Getting speeding tickets these days can be aggravating and the fine can be costly. Depending on the speed you were going over the posted speed limit you may have a few options for contesting the ticket. There are some methods to help you from getting a ticket in the first place such as purchasing a radar detector if local laws where you live allow it. In many cases you may qualify for a reduction in the ticket if there are any driving classes available for you to take in person or online.

One of the most common ways to contest a ticket is to show up for a court hearing as writing on your ticket or as instructed. Before the judge a person can plead whatever case they have to have the ticket dismissed however this may be difficult. You should know right away if it will be dismissed however the policeman who ticketed you may appear as well. In this case you might not be successful in getting your fine disregarded but in some instances the Policeman may not appear which may get it dismissed.

For one the best ways of prevention there may be some options in detection such as Radar detectors. These devices sit either on your dash board in your car and can detect a variety of Police signals including Radar, Laser and other radio frequencies come into use. Do become familiar with your local laws as this could be illegal to use or have one in your car or even to own one. However seeing the many benefits of have a Detector in your car can further prevent future speeding tickets greatly used with care.

It pays to avoid a speeding ticket all together especially when it comes to your car insurance rates. Even just one ticket can make your premiums jump in some cases based on several insurance companies. A person is more likely to have an accident the more a person speeds based on some statistics. So if you want to stay away from Rate hikes then slow it down and drive slightly under the speed limit.

Become aware of speeding traps in your area if you are not already familiar with your city. Ask around most people know where Police set up a speed trap and usually they can be very predictable. You can avoid these areas altogether or just slow it down when you do go through an area known for traps.

Most cases people who are focused on driving with no distractions such as talking on the cell or playing with the radio are more likely to steer clear of Speeding tickets. Paying more attention while on the road can even save you from more instances such as accidents and running red lights. With all the distractions today it’s easy to become preoccupied when on the road but with a little attention to details it will keep money in your pocket.

Make it a habit to check your car for any broken head lights, missing license plates in the front or rear and the license plate bulb can keep those fines away. Police are more likely to pick out a car that has any visible defects so in addition to getting a speeding fine you could find yourself getting another if stopped for speeding. Some simple daily checks for such defects could end up saving your hundreds more in the long run.

With all the various ways police are checking your speed, putting up cameras and setting up speed traps it can be very difficult to avoid getting a speeding ticket. Now with a little driver’s education, time and patience you can take several measures to avoid getting a fine moreover save yourself the aggravation and money of getting speeding tickets Mississauga

In need of professional and affordable representation for your speeding tickets Mississauga. As Ontario’s leading legal services provider, they are commited to providing effective legal services that you can afford.


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Strategies To Combat Traffic Tickets In Court

May 9th, 2010

You may think that getting pulled over by a police office for a traffic violation is stressful, but if you have ever been on the receiving end of traffic tickets you know that the stress does not stop there. Once you have received a violation you have the option of paying the fee and having the ticket stick to your driving record, at least for your provinces required period of time. A traffic violation will also increase your insurance premium rates. Your second option is to dispute your violation in a court of law.

Several provinces will allow you to challenge an officer’s subjectivity. Challenge the officer’s view of how he/she perceived your actions. Getting pulled over for making an ‘unsafe’ left turn can be easily challenged. Describe how the officer was at a vantage point where he/she could not make this call. Describe how you were acting accordingly and safely.

In order to avoid the scenario of your word against the officer’s word, bring factual evidence with you. Typically, when it is your story against the story of a law officer the judge will often side with the officer. This means you can not depend solely on your words as a means of defense. In order to raise doubt in the mind of the judge, you have to bring convincing evidence of your account of what happened.

If possible bring eyewitness accounts of the incident. People who seen the alleged incident such as passengers or bystanders can work as eyewitnesses. Visual aids, such as a simple diagram showing your vehicle and the police vehicle can be helpful aids. These diagrams can explain how the officer was not in a position to make a clear call from his vantage point.

Photographs are another example of visual aids. Bring photos of hidden or damaged road signs. This can help illustrate how you did not see the sign. You can also use this as another means of detailing the officer’s weak vantage point. For instance, snap a few pictures from where the police car was standing, and where your own vehicle was. This may raise questions about just how clear of a judgment the police officer made.

Proving there were circumstances beyond your control may help in your favour. For instance, if you unknowingly passed a pedestrian walk because the strips were not visible (because they were faded), how could you have stopped? You could not stop because you didn’t know you had to stop in the first place. This makes the violation, although committed, an honest mistake.

In some cases trying to prove that your actions were legally justified may help in your favour. You may have been driving slowly in the left lane in order to prepare for a legal left turn. Although you may have actually been driving slowly, you were preparing to make a safe turn.

Sometimes it may feel like beating the system is impossible. It may also be easier to just pay the fines associated with traffic tickets and move on. On the other hand, traffic violations can be very costly and not only in the immediate sense. You will have to face increased insurance rates as a result of this violation as well.

In need of professional and affordable representation for traffic tickets Durham? As Ontario’s leading legal services provider, they are committed to providing effective legal services that you can afford.


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What Are The Standards For Determining DUI?

May 5th, 2010

At what point is a automobile operator deemed to be illegally intoxicated?

Though state intoxicated driving laws differ, you are deemed to be legally drunk with a blood alcohol content (BAC) of .08% or higher. Alcohol consumption impacts every person differently, but a number of people could be deemed legally intoxicated after only having a couple of drinks. On average, a 185 lb man may very well be over the BAC legal cap after having 3 or 4 drinks, while a 125 lb woman could well be deemed legally drunk after only 2 or 3 beverages. For individuals who seldomly drink, even one drink might induce intoxication ultimately causing a DWI.

Of course, how rapidly the alcohol is drank, whether or not the person drank on an empty stomach, whether or not other drugs are being taken, how consistently the person drinks, and other elements drastically affect how the body metabolizes alcohol and therefore the blood-to-alcohol content ratio for that particular person.

What occurs when somebody is arrested for driving while intoxicated?

Being arrested for a DWI is a situation almost all of us try to avoid. In connection with getting arrested on charges of driving while intoxicated, you’ll probably be searched by the police, your vehicle will get towed and you’ll be transported to jail where you’ll be “booked.” You could possibly be set in a “drunk tank” with other alcohol or drug impaired arrestees. Despite being under the influence of alcohol, try to be as courteous and calm as attainable. You could be able to get out of jail within a few hours of your arrest, possibly by posting bail.

If not, then you can check with the court to discharge you at your first hearing. Contact legal counsel immediately or get a friend or family members assistance to do so. The law firm can direct you through the court procedure, as well as help you with any corresponding DMV hearings which may be required. You’ll not only be required to cope with the criminal penalties, but also with revocation of your driver’s license and maybe civil lawsuits if any individual was hurt as a result of your drunk driving.

A San Jose DWI lawyer can guide you through the court process, as well as help you with any associated hearings which may become necessary. Talk with a local California San Jose DWI lawyer near you today.


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Getting Arrested For A DWI And What Can Happen

May 3rd, 2010

He had gone to a soiree with his employer and had too many drinks. Once it was time to exit the get together, he recognized that he had consumed a great deal of alcoholic beverages however he was certain that the brief travel home would be uneventful. Hence, instead of contacting a ride, he got behind the wheel of his car and commenced his drive. As with nearly all people who drive drunk, his senses were impaired and in just a couple minutes, he had ran into a parked vehicle. On the plus side, no one was in the vehicle when it took place, nevertheless the effects and the harm to his life were irreparable.

The Results of a DWI

Once the officers stopped him his blood alcohol level was 0.2, way over the legal limit of .08 and so after being arrested, and confessing his remorse, he was soon sentenced for his crime, only to discover that things were likely to be much tougher than he estimated. Not only did he need to serve weekend time for his drunk driving conviction, but also in addition, his career was at risk and his license was suspended for a year.

An Error in Judgment

Despite the fact that the individual in the above example was essentially an responsible person, he like so many people who drive after drinking, basically didn’t comprehend how harmful it can be. Now, he was confronted by the embarrassment of acquiring a record and losing his occupation as well as his driver’s license, all simply because he exercised poor judgment when getting behind the wheel of his vehicle just after drinking. Each day, this exact same type of event transpires with thousands of people who without contemplating put their livelihood and the lives of others in jeopardy. Not only can life grow to be a tragedy when drinking and driving, but furthermore the mental, physical and financial harm because of one experience of driving under the influence is unbelievable. A Driving under the influence not only has an effect on the life of the particular person who was drinking and driving, but it has consequences that affect the lives of all the individuals who rely on the person who committed the Driving under the influence. In addition to the threat of prison time, loss of a driver’s license and perhaps all driving privileges, other results include a huge increase in insurance if not cancellation, huge penalties, the potential loss of a career and the humiliation of a record.

The Cost of Drunk driving

Regardless of how much you may think that drinking one or two beverages before driving is fine, if you have an accident and are charged with a DWI, the effects may be really severe. The risks are far too great and the harm you can do to your life is simply not worth it. A Driving under the influence conviction may disappear after a few years, but a Driving under the influence criminal record may stay on your record forever. If you plan on drinking, be sure to give your keys to someone before you even start.

If you or a loved one has been arrested for a DWI, get this Free San Antonio, TX DWI Law Firm Guide. It will provide additional information about San Antonio, TX DWI’s to be aware of.


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When Have I Had Too Much To Drink By Law?

April 27th, 2010

At what point is a driver of a car deemed to be legally inebriated?

Although state impaired driving regulations differ, you are thought to be legally drunk with a blood alcohol content (BAC) of .08% or greater. Alcohol influences every person differently, but a lot of individuals might be deemed legally intoxicated after just ingesting a couple of drinks. Typically, a 185 lb guy could be over the BAC lawful max after having 3 or 4 beverages, while a 125 lb woman could be thought to be unlawfully drunk after only 2 or 3 beverages. For individuals who never drink alcohol, even one beer could lead to impairment ultimately causing a DWI.

Of course, how quickly the alcohol is consumed, whether or not the man or woman drank on an empty stomach, whether or not other drugs are being taken, how frequently the man or woman drinks, and other components greatly affect how the body processes alcohol and therefore the blood-to-alcohol content ratio for that individual.

What happens when somebody is arrested for driving while intoxicated?

Being arrested for a DWI is an experience nearly all of us try to avoid. In connection with getting arrested on charges of drunk driving, you’ll very likely be searched by the police, your automobile will get towed and you’ll be transferred to jail where you’ll be “booked.” You might be set in a “drunk tank” with other alcohol or drug impaired arrestees. In spite of being under the influence of alcohol, try to be as courteous and peaceful as possible. You could manage to get out of jail within a few hours of your arrest, possibly by posting bail.

If not, then you can request the judge to discharge you at your first hearing. Get in touch with an attorney immediately or ask a friend or family members help to do so. The legal professional can guide you through the legal procedure, as well as support you with any corresponding DMV hearings which may be expected. You’ll not only need to come to terms with the criminal fees and penalties, but also with suspension of your driver’s license and possibly civil lawsuits if anyone was injured in connection with your drunk driving.

Being arrested for a DWI is a situation all of us try to avoid. However, if you have been arrested, speaking with a DWI Attorney San Antonio can help. Talking with an experienced Boerne DWI lawyer will help you to understand your rights and the potential consequences of your situation.


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DUI Tom’s River New Jersey

April 23rd, 2010

You will discover two procedures for the courts to prosecute people for DWI in Tom’s River New Jersey. The first is to show they were Driving while intoxicated (driving under the influence) or DWI (driving while intoxicated) by looking at driving behaviour and a subsequent field sobriety test. The other is by conducting an alcohol breath test and confirming that the person is over the state’s legal limit. If you or a person you care about has been charged with drunk driving, you need to find a good New jersey driving under the influence law firm to guide you through the maze that is Tom’s River driving under the influence law.

Being a jack of all trades can be good, especially in something like home remodeling. But in the Driving while intoxicated defense business, the best ones practice DUI law, day in and day out. The drunk driving laws are tough in this state and you need somebody who’s a professional in this area, specifically.

Getting arrested for Drunk driving in New jersey is a serious problem. The laws are serious and the penalties are serious. Mandatory suspension of the driver’s license may result from a conviction.

First offenders, testing between 0.08-0.10 blood alcohol level, may get mandatory jail time for at least 12 hours and not more than 48 hours. There are actually fines and other penalties. It becomes part of the public record. It can be very embarrassing. 2nd offenders get stiffer penalties. Third time offenders may get a mandatory 180 day jail stay, plus increased monetary penalties.

A suspect refusing to allow administration of the breath or blood tests may have to face that refusal when it’s admitted as evidence in court. Your driver’s license could be gone for a long time if you refuse to submit.

The main point here is that Driving under the influence expenses are serious. You don’t hope to face them all on your own. In order to best defend your rights and independence, you should discuss your options with a law firm who has a focused practice on Driving while intoxicated and Driving under the influence defense. Ultimately, this is your best bet to obtain the best result for the particular circumstances of your driving under the influence legal problem.

Choosing the right dui attorney is a complex decision that should not be taken lightly. You should talk to your prospective attorney about his/her experience handling dui issues, like yours, in your area.


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