DUI’s in College

Posted on October 25, 2011 by Guest post

drunkcollege1 247x300 DUIs in CollegeThere’s an unfortunate trend among millions of college students, and it seems to grow every single year: drunk driving. While driving under the influence is dangerous and could end up killing drunk drivers as well as others, more and more college students are finding out the hard way that even if nobody’s hurt, being convicted of a DUI can mean a lot more than just losing driving privileges for a while.

A DUI conviction can lead to losing a job, as well as inability to get certain jobs in the future. Additionally, DUI convictions can cost thousands of dollars in fines, lawyer’s fees, court costs, and more. Students convicted of DUIs may end up spending time in jail, meaning they may be dropped from college classes. Some colleges even have policies in place to expel students who’re convicted of crimes, including driving under the influence. This can lead to an additional financial burden, as students convicted of DUI will not only have spent money on an incomplete education, but may also have limited employment opportunities as a result.

For those students who have been convicted of DUI and are allowed to attend classes, the extra burden of having to take time away from their coursework to tend to legal matters can become a big problem. Having to miss class to go to court or meet with a lawyer are common occurrences for students facing DUI charges. While some professors may be willing to work out arrangements with these students, most will not, meaning students are on their own in terms of catching up with missed classwork.

Students convicted of DUI may also suffer health problems due to stress. Depression and anxiety are not uncommon to find in students convicted of any crime. Student with DUI charges hanging over their heads may be distracted from schoolwork and become overwhelmed as a result. In the worst case scenario, a student may drop out of college completely due to the stress a DUI can cause.

Regardless of who you are, a DUI can carry many unforeseen costs. Trying to get a job with a DUI can be a hassle, and in most cases a DUI will remain on your permanent criminal record forever. Many states also require drivers convicted of driving under the influence to pay for and attend alcohol education classes, and if you received a DUI in a state other than your home state, you may have to pay large fines to have paperwork processed by another agency.

The best way to avoid of all these problems is, of course, not to drink and drive. If you ever find yourself in a situation where you have had too much to drink and you are impaired, remember that getting behind the wheel can not only cost you your freedom, it can cost your life, and take other lives as well.

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How to Appeal a DUI Sentence

Posted on October 3, 2011 by Guest post

DUI 300x213 How to Appeal a DUI SentenceIf you frequently drink and drive, it’s only a matter of time before you get pulled over (possibly for something unrelated) and ticketed for DUI (driving under the influence).  In fact, you only have to do it once to get caught, and a single drink could be enough to get you nailed.  Whether you think it’s fair or not is entirely irrelevant.  It’s up to the officer on the scene to determine if you’re fit to drive.  And even if you take a breathalyzer and blow a blood alcohol concentration (BAC) that is under the legal limit (0.08%), you may still be subject to a ticket and subsequently, a court appearance.  And if you’re actually convicted, you could face very serious consequences.

The penalties associated with a DUI vary from state to state, but it will start with an arrest on the scene and your car being impounded.  From there you will have to appear in court for a trial, although it will usually be brief since the officer will arrive to testify armed with evidence against you, including the reason he pulled you over (swerving or other moving violations) and the results of any tests (breathalyzer, walking the line, the eye test, etc.).  You will have a chance to plead your case, but if the evidence is stacked against you, you’ll likely be convicted.

The result will depend largely on the scope of your offense, the laws particular to your state, and the judge responsible for sentencing.  But you will almost certainly face a fine as well as probation and/or some sort of substance abuse education class.  In addition, you may have points taken from your license (or even have it temporarily suspended) and even face some jail time, especially in states that have a zero tolerance policy.  However, it’s not necessarily over at this point; you can still appeal the ruling.

If you decide to appeal, whether because you want to overturn the ruling or you are hoping to reduce the sentence, there are a couple of things you should know.  First of all, you are not going to go through a second trial.  The purpose of an appeal is to reexamine the first trial in order to determine if mistakes were made that led to an unfair ruling or sentencing.  The next thing you need to know is that there are a lot of ways you can mess up an appeal if you don’t know what you’re doing.  For this reason, you’d better be willing to hire an attorney if you decide to pursue this course of action.

You’ll need to secure the services of a lawyer who has a stellar track record of winning cases like yours because there’s a good bet he has the knowledge and experience required to win your appeal.  He’ll know what paperwork to file (and when) as well as every possible loophole to exploit; not to mention, he may be able to arrange for a stay of sentence until the issue is resolved.  But you need to hire him quickly since some states require you to file for appeal in as little as ten days following your conviction and sentencing.  If you really want to get the DUI off your record or at least lighten your sentence then you will almost certainly need the help of a qualified attorney to succeed.

Carol Montrose writes for New Jersey DUI Attorney, a New Jersey DWI defense law firm.

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The Dangers of Teen Drinking and Driving

Posted on September 29, 2011 by Guest post

You know how whenever you were a kid, you always saw dad with a beer, and you always figured “He must enjoy it so much! Why can’t I take one?” and even though you’re supposed to be 21 to drink, no one likes to be treated as a square at that big party. But what happens? Teenagers who have very little driving experience decide to drink themselves into a stupor and chance going home, which is where the highest number of fatalities occur.

According to The National Institute of Alcohol Abuse and Alcoholism even though alcohol abuse by 12th graders is lower than it was in the ’70s and ’80s, nearly one out of every four 12th graders have binge drank at least once and one out of every five 10th graders have. Even one out of every ten 8th graders drink five or more drinks when drinking alcohol. Many feel pressured to do this, or feel grown up because they drink alcohol. Many who are anti-social or depressed may take up drinking at an early age as well.

How serious is this problem? According to Students Against Destructive Decisions (SADD) very serious. Nearly three out of eight teens have drank prior to entering high school, and over 5,000 teens are killed every year attempting to drive while drunk. That’s nearly 15 teens every single day. You don’t need a criminal justice degree to understand the serious legal and fatal risks of these statistics.

Whatever the reason for drinking, many states are adopting policies heavily punishing teenage drinkers, by mandating a “21 means 21″ law, along with a zero-tolerance law, where even if an under 21′s BAC is .01 percent in California and .02 percent in many other states, they can face fines or jail time. Also, some of the most strict enforcers may be the teenager’s parents. Although these lead to lower traffic fatalities, they also lead to teenagers getting punished and because a teenager doesn’t want to face the wrath of his or her parents.

Forty-nine states have adopted a “safe haven” law for underage or unexpected pregnancies where a parent or guardian may drop off a baby so why not have a safe haven law for teenage drinkers? You can’t prevent a teenager from drinking any more than you can prevent him from walking around with his pants on the ground or her from wearing that really high skirt. Since we know this is a real and fatal problem, why not allow cities the right to have a 24-hour helpline that an underage drinker can call for a ride home? The next day when he or she is sober, the teen can then go back, get the car and drive it home. That beats having a traffic accident and a possible fatality on the road.

How would this work? Similar, but not identical to a taxi service. With one call to a toll free number, a car would arrive within minutes to take the underage drinker home, like a taxi, or have a sober driver take the keys and drive the teen’s car while the driver of the other car would follow behind. With today’s GPS technology and maps available on the internet, getting to the correct destination should be no harder than punching a few keys.

In conclusion, underage drinking may be impossible in the long run to stop, but we can dramatically reduce the number of traffic fatalities associated with it. We can prevent one of the worst calls that a parent can receive- the call from the police officer telling the parent to identify their child at the morgue. And one way to do it is to offer free rides to teenagers that need to go home after too much partying.

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Should there be limits to DUI Laws?

Posted on September 21, 2011 by Guest post

DUI laws are being strictly enforced throughout the US to combat drunk driving and keep innocent bystanders safe from being killed or injured by drunk drivers, but do all DUI laws keep us safe?  There is an interesting case that occurred in Minnesota recently that sheds some light on the answer to this question.

One night Daryl Fleck, a man from Crookston, Minnesota, was found drunk and sleeping in his car in the parking lot outside of his apartment.  Daryl’s keys were placed on the center console of his car, with the driver door open and no signs that he had driven his car or even put his key in the ignition.  After police arrived on the scene, Daryl was promptly arrested and charged with a DWI, with a blood alcohol level of .18.  After initially being convicted, the case was appealed, where a jury found him guilty of DWI saying, “Fleck, having been found intoxicated, alone, and sleeping behind the wheel of his own vehicle with the keys in the vehicle’s console, was in a position to exercise dominion or control over the vehicle and that he could, without too much difficulty, make the vehicle a source of danger.”

While there is no doubt that DUI laws are necessary for promoting our safety, there must be more substantial evidence to prove that the operate of the vehicle was in fact operating the vehicle under the influence and not just using the vehicle as a place to sober up.

Written by Jeff Anderson who writes for FindTheBest, a comparison site that provides comparisons on a wide variety of topics like DUI laws.

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Anti Drunk Driving Programs for Teens: Are They Taking the Right Approach?

Posted on July 21, 2011 by Guest post

With drugs, alcohol, and drunk driving being a major component of most movies, television shows, current video games, and pop songs (even politics and the local news), it’s no surprise that we have put such effort into anti drunk driving programs. Teens and adolescents are bombarded with images of their personal idols as drug addicts, drug dealers, alcoholics, and reckless drivers each and every day. Efforts towards anti drunk driving education have been varied and diverse since its start. Some groups think that simple facts and figures are the best approach to deterring teens from reckless lifestyles with alcohol and driving, while others think that scare tactics and disturbing dramatizations are the best route. Interestingly, the scare tactic route seems to have become more popular in the past two decades or so. But, are scare tactics and further fictionalization of perils of drunk driving really the best approach to take with teens who already watch life like depictions of death and destruction wrought by driving drunk? 

The Every 15 Minute Program

First established in 1995, Every 15 Minutes is a two day program aimed to educate high school juniors and seniors about the effects and consequences of drinking and driving. The first day of the Every 15 Minutes presentation involves students being removed from classes every 15 minutes throughout the entire day. These students are then dressed as the “living dead” to represent the statistic that “a person is killed every 15 minutes in an alcohol related car accident.” Throughout the remainder of the first day, students are shown a realistic looking car crash scene and a dramatization of a student being arrested for drunk driving. This scene is used as a way to scare students into fearing the consequences of drunk driving. The second day of the program involves a school wide assembly with members of the community discussing the issue of drunk driving. 

While this program is a wholehearted and elaborate effort to deter teens from driving drunk, it seems that maybe it is somewhat outdated for the social atmosphere that our students are living in today. Teens are shown gruesome images and depictions of drunk driving very often throughout the media. By creating just one more fictional example of drunk driving, I worry that teens will further dissociate drunk driving from reality. This is not to say that the central goal behind Every 15 Minutes isn’t worthwhile or commendable. Rather, I feel that Every 15 Minutes could reconsider their presentation. 

A Different Option

While I don’t have any immediate program remedies, eliminating the dramatization of fictional devastation and death could really benefit students considering or surrounded by the possibility of driving drunk. Why not try honest and straightforward discussion with students and teens about drunk driving, its consequences, anti drunk driving programs, its depiction in the media, and more? Seek to provide a listening ear for teen’s concerns and frustrations about underage drinking and drunk driving. Educate teens about the effects of alcohol and how alcohol can impair their ability to drive. Most importantly, provide teens with safer options if the situation were to occur, so that they don’t feel they have to drive in unsafe circumstances. There is no doubt that drunk driving and underage drinking are serious problems that need to be addressed within our society and schools. Let’s find way to discuss the devastation and destruction drunk driving causes without further removing it from our teenager’s concept of reality.

Author Bio:

This guest post is contributed by Patricia Garza, who writes about gadget, technology, design, social media, e-learning related articles at online university rankings.

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Republican Senator Arrested for DUI and Grand Theft Auto

Posted on June 22, 2011 by Shouse Law group

john mcgee 192x300 Republican Senator Arrested for DUI and Grand Theft AutoRepublican Senator John McGee has graciously offered to take some of the spotlight off Anthony Weiner.  Early Sunday morning, he was arrested in Boise for driving under the influence and grand theft auto (GTA).

When McGee left the golf course where he had reportedly been drinking, he allegedly got into a Ford Excursion that had the keys inside drove a bit, got stuck, walked around and got back into the truck where he fell asleep.  The arresting officer reported that McGee told him he was on his way to a city in Nevada which was about 180 miles southeast of Boise.  He is reported to have had a blood alcohol content (BAC) of 0.15%.

But even with facts like these, it’s still very possible to fight the case…to fight both the DUI charge and the GTA charge.  A skilled criminal defense attorney knows how to challenge the results of the breath test – maybe McGee was suffering from a medical condition, which could explain the bizarre behavior and elevated BAC results.  And…at least according to California’s grand theft auto law…auto theft requires an intent to deprive the vehicle owner of the car permanently.  My guess is that that was not McGee’s intent…if he was even of sound enough mind at the time to form any kind of intent.

The bottom line is that a skilled criminal defense attorney knows the most effective ways to not only fight the DUI charge but the GTA charge as well.  After an arrest…no matter how bad the facts may seem…immediately contact a skilled lawyer to begin building a defense.

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Top 10 States with the Harshest DUI Laws

Posted on May 16, 2011 by Guest post

top10 Top 10 States with the Harshest DUI LawsDUI penalties vary from state to state, and can even vary according to how high your blood alcohol level is. It’s hard to compare states to one another, because a state that suspends your license for a long time might not give you as long a jail sentence as another state. Another penalty that many states impose on DUI offenders is requiring them to add ignition interlock, a device that requires the driver to do a breathalyzer before they start their car, and if there is any alcohol on their breath the vehicle won’t start.

Keeping in mind the difficulty of judging which states have the harshest DUI laws, here are 10 of the worst states for drinking and driving, and what kinds of penalties you’ll face if you get caught.

  1. Georgia – Georgia is considered one of the states with the harshest DUI laws because you’ll automatically lose your license for a full year, even if you are a first-time offender. In addition, you’ll face possible jail time, have to do community service, and likely will need to install ignition interlock on your car.
  2. Florida – Like Georgia, Florida requires license suspension for first-time offenders, but in this state it’s only 6 months instead of a full year. You’ll still face jail time, community service, and ignition interlock.
  3. Iowa – In Iowa you’ll get a minimum of 2 days in jail if you are caught drinking and driving, and your license will be suspended for a mandatory of 6 months, even if it’s your first time. Iowa can also court order ignition interlock to be put on your car to make sure you don’t drive with any alcohol in your system again.
  4. Tennessee – Like Iowa, Tennessee requires a minimum of 2 days in jail for DUI offenders, but your sentence could be as long as 11 months — even for a first offense!
  5. Indiana – Like Iowa and Florida, Indiana requires even first time offenders to lose their license for 6 months, in addition to possible jail time and being court ordered to install ignition interlock on your car.
  6. New Hampshire – New Hampshire also suspends a first-time offender’s license for 6 months, and you’ll also face the possibility of jail time. You could find yourself having to install ignition interlock as well.
  7. South Carolina – This Southern state is incredibly harsh on DUI offenders, though not necessarily first time offenders. If it’s your first offense, you could be fined up to $1,000 and get up to 90 days in jail, which doesn’t seem bad when compared to some of the other states. However, fourth offenses get a mandatory 7-year jail sentence. Also, in South Carolina it’s a crime to refuse a breathalyzer test, and the penalty is a mandatory 12-month suspension of your license.
  8. Arizona – Like many of the states above, Arizona requires first-time offenders to install ignition interlock on their cars. However, Arizona also has an “extreme” classification for DUI offenders with blood alcohol content at 0.20% or higher — if you fall into this category, you will get a minimum of 45 days in jail, no exceptions.
  9. Nevada – Las Vegas may be the place lots of people go to drink, gamble, and party, but make sure you don’t drive! They have a “three strikes and you’re out” kind of law — your third DUI in a 7-year period becomes a felony offense.
  10. Minnesota – Like in South Carolina, Minnesota makes it a crime to even refuse a breathalyzer test!

Remember, it’s somewhat subjective to determine which DUI laws are the harshest. Penalties can vary quite a bit — you may think mandatory jail time is pretty harsh, for example, even if it’s only a few days, while someone else might view a mandatory one-year suspension of their license as being worse. Regardless of where you live, though, it’s a good idea to be familiar with your state’s DUI laws and the penalties you could face.

A car buff and former auto parts salesperson, freelance writer Katharine Swan specializes in writing about automotive topics and legal topics such as filing a personal injury lawsuit. The love of her life is a 1983 Nissan 280ZX that has gotten her out of — and into — more scrapes than she can count.

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Senate Calls for Removal of Unsafe iPhone Applications

Posted on May 9, 2011 by Guest post

American Senators, Mothers Against Drunk Driving members, and various American activist groups have been critical of PhantomAlert, a smart phone application which informs drivers of police checkpoints in their areas. Nearly 11,000 people were killed in 2009 due to the reckless driving of intoxicated drivers. Because of the alarming numbers and dangers associated with drunk drivers, Senators such as Harry Reid, Charles Schumer, Frank Lautenberg, and Tom Udall have asked the leading manager of Apple iPhone’s software group to pull out various PhantomAlert applications from the Apple App Store.

The letter was also sent to other Smartphone manufacturers and software suppliers, such as Google and Research In Motion (BlackBerry). In addition to these senators, other opponents of the applications claim these applications help drivers avoid sobriety points, defeating the very purpose of checkpoints in the first place. Police enforcement agencies and officers use these check points, not necessarily to catch drunk drivers, but to deter them from driving drunk in the first place. With the availability of these Smartphone Applications, intoxicated drivers can find alternate routes home without getting caught for their misbehavior. This puts greater numbers of innocent drivers at risk, as drunk drivers will be les s likely to be found by police officers.

The senators’ appeals and requests were seen in a positive light by BlackBerry.  In fact the company thanked the Senators for their letter and agreed to pull the applications out as soon as possible. On the other hand, Apple and Google refused to comment publicly on the request. They later claimed the applications were not necessarily doing anything illegal by solely providing users with checkpoint locations.

This response warrants consumer skepticism. Why will companies as large as Apple and Google fail to void an application that causes obvious harm to society? When it comes to an issue as serious as drunk driving, how do we get companies to keep long-term consumer safety in mind? 

By-line:

Mariana Ashley is a freelance writer who particularly enjoys writing about online colleges. She loves receiving reader feedback, which can be directed to mariana.ashley031 @gmail.com.

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Rick Springfield Arrested for DUI – But are his 0.08 / 0.10 BAC Results Reliable?

Posted on May 5, 2011 by Shouse Law group

Singer Rick Springfield was arrested Sunday night by the Los Angeles Sheriff’s Department for driving under the influence.  The ‘80s rocker was pulled over for a traffic violation, but when the officers smelled alcohol, the stop turned into a DUI investigation.  After failing his field sobriety tests…and submitting to two breath tests that produced results of 0.10% and 0.08%…he was booked into a local jail and eventually released on his own recognizance.  With blood alcohol readings that are so close to the 0.08% limit, there are a number of defenses that enable a skilled DUI attorney to demonstrate how California DUI breath testing is subject to a wide variety of errors.

Yes, breath tests can be accurate.  However, there are a number of variables that affect their reliability.  A person’s physiology (diet, medical conditions, last meal, etc.), the environment (such as possible radio frequency interference) and procedural errors (equipment maintenance or the time of the tests, for example) can all contribute to a false high blood alcohol concentration “BAC”…and to an unjust arrest.  It’s because of these types of issues that we say that California DUI breath testing is subject to a wide variety of errors…especially when the results are so close to begin with!

If you or a loved one has been arrested for DUI…and the investigation involved a breath test…make sure your DUI attorney explores these issues.  Our team of experienced California DUI defense attorneys knows how to present these topics in the most compelling manner to help convince prosecutors, judges and juries that things aren’t always what they seem.  Just because your reported BAC is above the legal limit does not mean that you are necessarily guilty of drunk driving.

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DUI & Personal Injury Cases from a San Diego Attorneys Viewpoint

Posted on April 5, 2011 by Jay

San Diego DUI lawyers have competing obligations to their clients and to the courts that must be carefully balanced in order to provide effective representation while remaining within the confines of their professional obligations. An attorney’s fiduciary duty to a client recognizes that the attorney must protect the client’s confidences and advocate on behalf of the client at every peril to himself.  The attorney’s duty of candor in a DUI case recognizes that the attorney has an obligation to be honest with the courts.  The same situation could be argued with a San Diego personal injury attorney.

So what happens when being honest with the court is adverse to the interests of the client charged with a San Diego DUI? This can create a real dilemma for the attorney.  The word “dilemma” is derived from the Greek prefix “di,” meaning two, and the suffix “lemma,” which can be loosely translated to mean an assumption or premise. The word dilemma was first used in the context of logic, showing that an argument must be flawed because it would lead to two false or inconsistent conclusions.  Similarly, a choice between violating the duty of candor to the court or the duty of loyalty to the DUI client presents a choice between two unfavorable options.

The best response to a dilemma is usually to reconcile what at first blush appear to be inconsistent alternatives.  The California Rules of Professional Conduct provide an example that is quite instructive in this regard.  The duty of candor to the court would appear to prohibit a San Diego DUI defense attorney from allowing a client to testify falsely.  A defendant, however, has a Fifth Amendment right to testify in his or her defense.  So what is an attorney to do when the client’s exercise of his Fifth Amendment right is inconsistent with the attorney’s duty to be honest with the court?  The rules of Professional Conduct provide that the attorney can allow the client to testify on his own behalf without specifically asking questions to the client.  Thereby, the attorney is not committing a fraud on the court because he is not facilitating a client’s perjured testimony by asking the questions, yet the attorney is not restricting the client’s ability to exercise his Fifth Amendment right because the client is able to testify. A personal injury lawyer in San Diego can face similar circumstances in injury cases.

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