Posts Tagged ‘drunk’

Demographics Of Drunk Drivers

May 15th, 2010

According to current statistics from the NHTSA, driving while drunk mishaps, automobile or motor vehicle crashes, and car accidents due to drunk driving are a leading cause of death for people from two to 33 years old.

Thirty percent of all fatal driving while intoxicated accidents or collisions during the year were alcohol-connected, in contrast to 53% on weekends. For all accidents, the alcohol involvement amount was five percent throughout the week and 12 percent during the end of the week. The effect of alcohol involvement will increase with injury seriousness. Alcohol-involved or driving while drunk incidents and crashes made up 10 percent of property damage only crash costs, 21% of nonfatal injury crashes; and over 40% of fatal injury collision costs; more than 3 times as high at night as during the day.

For all incidents, the alcohol involvement rate is over four times as high at night.

Younger motorists 21 to 24 years of age were most likely to be drunk (BAC of 0.08 g/dl or greater) in driving while intoxicated accidents and fatal collisions in the year 2003. Thirty-two percent of people 21 to 24 years old involved in driving while intoxicated and fatal collisions were impaired, followed by ages 25 to 34 and 35 to 44.

The intoxication level (those over .08 BAC) for men engaged in fatal collisions was 25 percent, compared with 12 percent for women drivers.

For dui accidents and fatal wrecks taking place from midnight to 3:00 AM, 77 percent involved alcohol in 2003. The next most hazardous time period for alcohol-related accident deaths were 9 PM to midnight, followed by 3 AM to 6 AM.

Those motorists over the age of 70 were least likely to be impaired (BAC of 0.08 g/dl or greater) in dwi accidents and fatal crashes in 2003 – only five percent were impaired.

Based on these results, there can be no doubt that dui is still very widespread throughout our society and certainly requires our attention.

If you are facing drunk driving charges, your best option is usually to consult with a local drunk driving lawyer near you. Discuss you situation with a local San Antonio DUI lawyer today.


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.


Techniques To Help Fight Traffic Tickets

April 14th, 2010

Traffic tickets can stick with you for a while. Some states will keep this violation on your record for 2 or 3 years. You will also face higher insurance premiums, once you have paid the expensive fee that often accompanies a violation. If you feel that you were unjustly served a violation, there are a number of techniques you can use in court in order to prevent this violation from sticking to your record.

Typically, a violation is given due to the subjective judgment of a police office. Challenge this view, but make sure to use facts to back up your argument to make it reasonable. When you only depend on your word versus the officer’s word, the judge will most likely side with the officer. For instance, challenge where the officer was located, and how this may have hindered his viewpoint of what actually happened.

There are practical steps you can take to create doubt in a judge’s mind. Remember; do not only rely on your words and your version of the story. Gather real information and facts to build your case.

Example of case building can be the gathering of eyewitness statements. Take statements from bystanders or the passenger in the car, who may be willing to testify on your behalf. Present a simple and easy to understand diagram of the location of the incident. This may be particularly helpful if you are disputing an incident that involves an intersection. Consult assistance with a professional criminal lawyer if you feel unprepared for your trial.

Present pictures of road signs or conditions that may have provoked your driving. These pictures can be used to show unclear road signs, such as a stop sign covered by a tree, etc. You can also use this strategy to show that the officer may not have had a clear vantage point of what supposed driving violation you committed, from where the police car was parked.

Prove to the judge that you made an honest, unintentional mistake. This may happen if you failed to stop at a pedestrian stop because the strips were faded. You may have missed a stop sign that has just been placed. With this strategy you are building a case that you could not have known what action was required of you, since the conditions were so unclear.

Sometimes you may have had to actually do what you are being violated for. In this case, you may seek legal justification. For instance, you may have been driving slowly in the left lane because you were preparing for a legal left turn. You may have switched lanes without using a signal because a car was closing in on you quickly, and you were afraid of being part of an accident.

It may seem that fighting traffic tickets are a lost cause, but not fighting them may become a burden to your wallet. You will have to pay the fee that is associated with the violation. Then, you can also expect to pay higher premium rates on your automobile insurance. In addition, you can also expect demerit points placed on your license. Depending on your state these points may stay on your license anywhere from 2-3 years.

As the leading professional legal services across the province, our team of DUI lawyer Toronto will assist you with any traffic tickets. We specialize in representing drunk and driving Toronto clients charged with traffic offences, as well as compliance management services for the trucking industry.


The Criminal Attorney For The Defense Protects The Constitution

April 8th, 2010

The Criminal Attorney For The Defense protects the constitution. This might surprise you but the criminal lawyer deserves respect for upholding the constitution. The constitution states that everyone charged with a crime is to have legal representation in the criminal proceeding.

Some countries do not recognize this right and convict people without a trial. But this country stands for basic principles of justice. The right to a lawyer should never be taken for granted. It is the duty of the attorney for the defense to make sure his client’s rights are upheld. When someone is charged with a crime one of the basic rights he or she has is to not talk until his or her lawyer is present. This is because the person does not have enough knowledge of the law to know that what he says might affect his case. The attorney is the objective person to make sure the accused is fairly charged and fairly convicted if he is guilty of the crime.

The government must adhere to all the laws of evidence and of criminal procedure. The government must follow the rules of due process. The government is charging the person, bringing the action against, who is on trial. They need to be held to the standard of law.

There is also the right to plead guilty without having a trial. This is usually the case if their is a plea bargain involved.

If the case is so compelling for conviction then the defendant has the right to plead guilty so he will have the chance of a lessor sentence. The plea bargain happens when the defense lawyer meets with the prosecution to get him to agree to a lessor sentence than his client would get if his client went to trial.

The defense attorney is also negotiator. He will bring up all the arguments in his client’s favor. Perhaps his client has a clean record up to that point. He will say that his client messed up and will not do this again.

He might say that his client is willing to take any counseling the prosecution suggests or that he will do community service.

The purpose of the criminal attorney is to represent his client as zealously as he or she can. This is in fact the attorney’s duty. Part of the zealous representation is to get the best plea bargain he can.

But the prosecution might not agree to a lessor sentence and so the case goes to trial. The criminal lawyer then is responsible not to misrepresent his client but to make sure the government proves their case. He does not lie about his client or the charge but he makes sure the government is also honest in their case.

The prosecution has the burden of proof. The client is innocent until proven guilty. This means the criminal lawyer need only try to disprove the government charge. He does not have to prove the innocence of his client.

Some have a poor opinion of the defense criminal attorney. The Criminal Attorney For The Defense protects the constitution. We must appreciate his job and his role in our judicial system.

A criminal lawyer gives legal advice when being charged with a crime. These criminal lawyer Toronto can also assist in handling drinking and driving cases.


Gazza Charged With Drink Driving

March 26th, 2010

Police have questioned ex-England international Paul Gascoigne after they arrested him in suspicion of being drunk in charge of a vehicle. The legendary Geordie footballer, who has a record of alcohol abuse and depression, was taken into custody after police were called to a disturbance at a takeaway in North Yorkshire.

Describing how he hit rock bottom, Gazza has recalled taking cocaine and drinking a litre of gin per day. He was sectioned under the mental health in 2008 act three times by courts after a long battle with alcohol and substance abuse and addiction. Last year he went public about his continuing problems with aims of making a recovery.

Last year he told BBC Radio 5 Live’s reporter Victoria Derbyshire that he had been clean of drink and drugs for nearly four months. He acclaimed his success to his attending of Alcoholics Anonymous and working on the 12 steps programme.

His recovery hit a wall last December when he was arrested and given a fixed penalty notice for being drunk and disorderly in Newcastle.

Gascoigne had struggled to cope with depression after a hip replacement in 2007; he fell into a spiral of drink and drugs and checked into the Marriot hotel in Gateshead for an extended stay. He binged on hundreds of bottles of wine and gin from the minibar and explained how he found it difficult to get drunk, a common issue for alcoholics.

Former Newcastle-United player had become so delusional he thought his toy parrots were talking to him at which point his sister Anna feared he would commit suicide. After contacting police and hotel staff they found him asleep in his hotel room bath. He was dragged away and was checked into rehab. “I couldn’t believe it. I’d gone from being a national hero to a mental hospital. I’d never felt so embarrassed and ashamed” He recalls.

Its not the first time Gascoigne has been involved in driving offences since he has a record of speeding, drink driving and careless driving


San Antonio Dwi Attorney Is Here To Help

March 24th, 2010

The San Antonio dwi attorney can help. If you find yourself pulled over by the police remember to be cooperative. You will have to go through a field sobriety test.

If so let the officer know of any injury you might have that will affect the test. If you have an old sports injury mention this to the officer. If you have any physical disability mention that as well. Also let him or her know how long you have been up that day.

If you have been up since four in the morning and it is midnight then this could affect the appearance of your eyes and your overall appearance. You might be asked to walk a line on the road. If so let the officer know that if it is dark you might have trouble seeing the line.

Even if he is holding a flashlight on the line it might be difficult for you to see the line. Let him know if you have any problems with your eyesight that affect the test. He might ask you to hold your head back. Let him know if you have a chronic stiff neck or any other neck pain that would prevent you from doing the test correctly.

He might instruct you to hold one leg up in the air and keep your balance. You might have many physical problems that could keep your from doing this to his liking. You might have back trouble for instance.

These are all factors that could keep you from passing the test that might not have anything to do with your alcohol blood level. Make sure to tell your attorney that you made the officer aware of all of these factors at the time of the test. These might be factors that could help in your defense.

If you have been arrested and charged with a DWI, speaking with an experienced San Antonio DWI lawyer can be very beneficial. A Bexar county, Texas DWI law firm can advise you about your rights.


How You Can Fight Traffic Tickets

March 20th, 2010

Getting pulled over by a police officer can be very stressful. The violation you may receive as a result of this stop may even cause distress to your wallet. In addition to having to pay the actual ticket, your insurance premiums may increase as well. Not to mention the demerit points that will be put on your driving record for a few years (according to your state’s regulations). If you feel like you have been unfairly served with traffic tickets, there are a number of techniques you can use to fight your traffic violation.

In several states you can challenge the police officer’s subjectivity of what happened. Since many times a traffic violation is a direct result of an officer’s subject view of how you were driving, challenge this view. For instance, if you are pulled over for making an “unsafe left”, you can challenge by stating that your actions were responsible and you were not risking harm to anyone or anything. Use facts to justify your claim. This can be the location of where the police officer was located when making this judgment.

Usually the details of the violation come down to your word against the officer’s word. More often than not, the judge sides with the officer. There are, however, steps you can take to create doubt in the mind of the judge as to whether the officer made the right call.

Support your case by having eyewitness statements. Bystanders or passengers who can testify to your version of what happened are examples of eyewitnesses. You can use a simple diagram to show the location of your car in reference to the police officer’s vehicle, and any other kind of traffic stops. This can be especially helpful for violations that have occurred at intersections.

You may photograph intersections, stop signs or road conditions to prove a point. These photos can be used to show conditions like unclear stop signs. Or, you can use this technique to show that from where the officer’s car was standing the officer could not have accurately seen what exactly happened.

Sometimes you will find that a judge may be willing to be a little lenient if you prove that there were circumstances beyond your control and you made an honest mistake. For instance, you may have been taken by surprise by a new stop sign. If you did not stop at a pedestrian crosswalk because the strips were faded, you can the violation on the premise that you did not see the strips. This is a defense based on the notion that you were not clear on what was expected of you in the first place.

Sometimes it may be worth your while to pursue a defense that your action was legally justified. For instance, you may have been driving too slowly in the left lane. You may have been preparing to make a legal left turn, which was the cause of slowing down. Do not deny you were driving slowly, but were being careful in order to make the left turn.

Traffic tickets may seem unbeatable, but fighting your violation can help save you immediate and long term expenses. If a violation sticks you will have to pay the applicable fee. You will also have to deal with higher insurance premiums on your monthly coverage.

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


The Criminal Attorney For The Defendant

March 15th, 2010

The Criminal Attorney For The Defendant protects our constitution. Many people do not understand this. They see him or her as someone trying to get a guilty person off; trying to help his or her client beat the rap. But the constitution says that everyone has the right to a lawyer.

In some governments the accused does not have the right to a lawyer. But in this land the right to a lawyer is the foundation of our freedom. Never should we take this right lightly. It is the duty of the attorney to assure that the rights of the accused are upheld.

The government brings the charge against the accused in a criminal proceeding. It is the government that has to adhere to the law. The government has to adhere to the rules of criminal procedure and to the rules of evidence before the accused and be found guilty.

A person also has the right to plead guilty to the charge. This is under his lawyer’s advice in almost every case. The lawyer will try to get a lessor charge his client can plead to. He is not there to lie about his client but he is there just the same seeking the best deal possible.

The practice is called plea bargaining. If the evidence against the accused is so overwhelming that he will be found guilty in a trial then he might be better off having his lawyer negotiate a deal with the prosecution.

The lawyer in this becomes negotiator on his client’s behalf. He can meet with the prosecutor and explain that his client messed up once and will not do the crime again. He will point out that that the client is willing to take classes or attend counseling to help change his ways.

The criminal lawyer has the duty to zealously represent his client. This is why he will discuss and try to get the best deal the prosecution is willing to agree to.

He wants to get the lowest sentence the prosecutor will agree to. It is the court that determines the sentence. But in most cases the judge will follow the advice of the prosecution as to what the sentence should be.

If the DUI lawyer cannot get a favorable deal then the case has to go to trial. In this instance the attorney goes to trial to make sure the government proves their case. He will not go in to misrepresent his client. He has to make sure the government does not also misrepresent their case.

The government has the burden of proof. The defendant is presumed innocent until proven guilty. This means the defendant need only rebut the case of the government. He does not have to prove his innocence.

Many might think bad about the defense criminal attorney. But people who have never been on the wrong end of a criminal prosecution do not realize that when you are charged with a crime you are thankful that the constitution provides the right to legal representation.

A criminal lawyer gives legal advice when being charged with a crime. These lawyers can also assist in handling traffic tickets Ontario drinking and driving cases.


Why You Should Not Mix Drinking And Driving

February 8th, 2010

Ever since the invention of the automobile people have been drinking and driving. There are many people that think they can drive if they have only had a couple drinks but this is far from the truth. There is never an excuse for drinking and driving, no matter how little you had to drink.

When you take the risk and drive will drinking there are many things that may go wrong. You could end up spending the night in jail and having to pay a large fine for a DUI if you are caught driving drunk. Not to mention all of the people you are putting in danger. A DUI is the best case scenario because you could end up taking someone’s life.

You run the risk of losing a lot when you are drunk and driving. If you drive after you have been drinking you take the risk of killing yourself or someone else. You will go to jail if you wreck and the result is someone’s death. You absolutely can and more than likely will be arrested and charged with the crime of man slaughter if you kill someone will driving drunk.

Most people would have a hard time living with the fact that their bad choice caused someone to die. Of course going out and having a few drinks is perfectly fine as long as you do not drive after you drink. If you are planning to have a drink make sure you plan on a safe way to get home like a friend or taxi.

There is never a reason to drink and drive when a cab can get you there safely for only a few bucks. The few dollars you pay the cab driver to take you home could save someone’s life and it may even be yours. Never think that you can drive because you have only had one or two drinks. Many people have said that they can drive as well or better when they have been drinking but this is never true.

There is no one who can drive better while being drunk. When you and your friends go out drinking, be the responsible adult and suggest everyone take a taxi cab home. When leaving after a night out drinking ask the smart question of “what is the number for the cab”? Never ask who is sober enough to drive us home.

When you have had a couple or drinks you may not make the most rational decisions. This is why planning ahead is so important. If you plan for a cab to drive you to the club or bar then you will more than likely be taking a cab home. Ask a friend to drop you off if you plan to drink this way your car will not even be there for you to drive. This country also has a problem with teenagers driving drunk.

Set a good example for your teens and talk to them about drinking and driving. Make sure they know that drinking is harmful and that driving drunk could ruin their lives or get them killed. Too many teens have lost their lives due to drunk driving.

For those charged with drunk and driving Toronto, affordable legal services are readily available . An experienced criminal lawyer Toronto has the expert information regarding impaired driving and commercial vehicle offences.