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Posts Tagged ‘driving’

Things Everyone Needs To Know About A DUI

November 19th, 2010

When it comes to a DUI or driving under the influence of drugs or alcohol there are a lot of things that you have to be aware of and things that you must consider. Since this is considered to be such a serious offense it is important to understand the punishments and the charges themselves. There are some main facts that you should be aware of.

If you are pulled over while driving and suspected of being under the influence there are a number of things that need to be done to prove that this is truly the case and that you are impaired to a point where you should not be driving. Keep in mind that there must be some type of blood alcohol test or it is not going to be valid and that you have a legal limit that is dependent upon the state that you were pulled over in. There is also a field sobriety test that could end up really hurting or helping you depending on how you do.

The thing that is most confusing is that your functions have to be impaired for the arrest. However there is a chance that you might have a higher blood alcohol content and still be able to function or you might have a lower content and not be able to function. These are both things to consider before willing submitting to either of these.

You should be aware of your right to request a blood test. A blood test is the most accurate test and you have the right but are often times not informed of that right. So make sure that you request to use your right if you really want to be able to make sure that you are getting the most accurate results in the tests.

One of the first consequences that you will suffer is a suspension of your drivers license. Keep in mind that there is not really going to be a chance for you to drive while you are awaiting your trial. In some circumstances you will be able to actually use a hardship license.

If you can get one of these special permits to drive then there are going to be a number of options for you to go special places including medical doctor appointments, work, activities for your children, or school. There is not going to be an opportunity to drive other places because if you get caught you could be in even more legal trouble. So it is important to only use the permit as it is stated.

There are many consequences that could be a result of a driving under the influence charge. These include that you might have to go through some type of rehabilitation, having to go to jail, fines, or even community service. Depending on the judge, prior offenses and a number of different things you will find that you could end up with any one of the above or a combination of them.

One way to keep yourself protected when you have been charged with a DUI is to make sure that you immediately hire an attorney to represent you. This is the person who is going to make sure that your personal rights are protected. Plus they will be able to help you get the most reduced sentencing possible.

Accident Attorney

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The Hazards Of Taking Alcohol Before Driving

October 23rd, 2010

Once a person has put some alcohol into their body, their emotions and physical being are already significantly changed. They may still be under the legal limit of intoxication but this does not mean that their faculties are not significantly changed.

One of the things that we keep hearing over and over again about drinking is that one should not operate heavy machinery immediately thereafter.

However, not everybody heeds the advice that they are given. Accidents caused by drunk driving are always happening and a lot of lives are being lost.

After concerns of airline pilots flying large commercial planes while under the influence came up, laws similar to driving under the influence were also passed for commercial airline pilots.

As we have all seen, not all the drivers in the world really care about these laws. It is the same problem with our pilots as well, not all of them really take these laws seriously. The pilots who fly private planes never have to go under any alcohol tests and thus are more likely to ignore these laws than their counterparts who fly commercial jets.

It is therefore not impossible to have a plane in the sky that is being flown by a drunken pilot. The risk of crashing an airplane is much higher for such a pilot because he/she has diminished vision, coordination and also reasoning.

Such pilots who are not sober put their passengers, fellow pilots and innocent civilians on the ground below in high danger of fatal accident.

Should you survive such a crash caused by a drunken pilot, you should seek legal counsel so that you can get compensation for your injuries.

Legal Advice

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Call The DUI Attorney In Ventura County For Help

October 22nd, 2010

The DUI attorney in Ventura County can help a person who has been accused of driving under the influence of alcohol. A DUI charge is a serious matter and involves two procedural issues. The first issue concerns the driving privilege. The DMV can suspend the accused driver’s license if he does not request a hearing within ten days of the charge.

If a hearing is requested the person who is charged can hire a lawyer to represent him at the DMV hearing. This hearing is separate from the criminal charge of DUI that will be adjudicated by the criminal court but it is just as important as the criminal charge. The experienced lawyer will be able to request that the pending license suspension would be lifted or at least be amended.

At the hearing the lawyer will argue against the automatic suspension of the driver’s license. The person who has been charged with DUI might have to drive to school, to work, or might have to drive in order to care for someone who needs regular medical care. The DMV might amend the license suspension to allow the person who has been charged with DUI to drive in limited cases.

The criminal part of the DUI charge is a matter not to be taken lightly. The one who is convicted of DUI might have to serve jail time if the charge leads to a second or third conviction for the same offense. The charge becomes a felony in some jurisdictions if the charge leads to a second or third conviction for DUI.

The felony conviction will include jail time for the convicted. Even if the charge is less serious than a felony the penalty could include community service, electronic monitoring, and the installation of an ignition interlock device. The person who is convicted of DUI can expect to pay substantially more for auto insurance because insurance companies consider a person with a DUI conviction to be a high risk driver. These are some of the reasons why the person who is charged with DUI needs to consult with an experienced lawyer as soon as possible after the charge has been filed.

An experienced DUI lawyer can build a defense to the drunken driving charge based on many aspects of the charge. For instance, the lawyer can challenge the field sobriety test. The lawyer can challenge the accuracy of the alcohol blood level measuring devices.

The lawyer can challenge the fairness and accuracy of the field sobriety test. If the accused was asked to perform physical movements that the person who is accused could not complete because of pre-existing injury or other medical condition then the test might not be used for evidence. If the police did not have proper probable cause to stop the accused on the road then the charge might be thrown out.

These are a few of the many arguments the DUI attorney in Ventura County might raise on her client’s behalf. The importance of hiring an attorney cannot be stressed enough. Many lawyers offer free consultations to those who are facing a charge of DUI.

Injury Attorney

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Retaining A DUI Lawyer In California Is A Smart Way To Protect Yourself

October 21st, 2010

Most of the time when we hear about an accident or incident involving a person driving while impacted by the effects of alcohol, we automatically make assumptions about that person. The same is true for the majority of people who are considered under the law as you peers. Since the determination of whether or not you are under the influence is left to the discretion of the enforcing officer, you absolutely must have a DUI Lawyer in California if you expect to be treated fairly.

The American culture is extremely fond of automobiles and alcohol, and yet the two are a disastrous combination. Our love affair with the car is such that mass transit systems have never really had much of a groundswell of support from any quarter. Through movies and societal behaviors, with a terrific push from some very sophisticated advertising, the use of alcohol has become a ubiquitously accepted social norm, despite the fact that we all know we make poorer decisions after drinking.

Our fervor to punish those who are driving after drinking is so intense that a person who is the victim of a sober individual who drove carelessly is more likely to be cited at the scene. It is not that officers of the law are intentionally unfair, only that their training and the political and popular climate is so impaired driver averse that they are quick to judge.

It is easy in hindsight to point to an individual that is arrested for drunk driving and conclude they made a bad decision for which they must now be punished. Looked at from an objective viewpoint however, we do not make it easy for an individuals to make the right decision, save the adage that if you have even one drink you should not drive. There is no objective way for a person leaving a restaurant or bar to assess the level of blood alcohol they have, so all they can do is ask themselves if they feel okay to drive.

We are each individual human beings, and our tolerance levels to alcohol are as unique as our fingerprints. Even the same individual will have varying responses to alcohol over time, sometimes less susceptible, sometimes more so. Then there is that field sobriety assessment, it singularly empowers the arresting officer to decide the state of sobriety of the suspect, sometimes at the suspects expense.

There is no question the public safety mandates that our highway patrol and other law enforcement officials need to do everything they can to eliminate the impact of individuals driving incapacitated. Unfortunately, the results of being cited for DUI are the same whether you just decided to pound a six pack of beer, or have taken medication for the first time and are having a bad time with its impact on your system. Medical conditions can also leave one with the appearance of inebriation.

While it does not happen often, there are instances wherein individuals undergoing a period of hypoglycemia which law enforcement has incorrectly diagnosed as drunken behavior. This is a natural result of the overwhelming pressure to eliminate drunk driving as a source of vehicular deaths. There is, of course, logic to the stance that it does not matter what is causing an individual to drive poorly, the danger to others is the same, yet justice would dictate a more reasoned response.

The bottom line is that every situation in which a driver is legally stopped and an officer makes the decision the individual is operating their motor vehicle under the influence of alcohol or illegal drugs is unique. While the visceral reaction of the public with its quick to condemn attitude is understandable, it does not reflect the proper exercise of justice. The only way for an individual so charged to ensure their rights are protected is to retain a DUI Lawyer in California, where public outrage at unnecessary accidents as grown to a crescendo.

Injury Attorney

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Where To Search For The Best Car Insurance For Teen Drivers

October 11th, 2010

Every insurance company seems to be of the opinion that young adults are just all waiting around to have accidents that will cost them literally thousands of dollars. It’s not true, but they will charge you a lot.

To find the best that there is, you have to be flexible and you have to do a little research. And key ways to find the cheap car insurance is to compare insurance because this way your insurance can choose the best for you. There are reasonable rates to be had.

Companies want your business. So ask them to justify their prices. When the coverage between different car insurance companies are the same we will look not only at the price of the first year, but what you will pay in the following years and months.

In fact, there are some companies that only insure young drivers. Always try to consult different car insurance companies and compare services offered and rates. Some may draw you in with bonus promises, but they are not to be assured.

There are certain things that can help keep the costs down below what they might be otherwise. The key to finding cheap car insurance is to compare the budgets of all insurance for your profile just before the time when you will make the decision.

A benefit to the insurance costs is if your teenage driver already bears some coverage of their own. Each insurer is directed to a very specific audience for which is particularly competitive in price. Your teen may be one of the beneficiaries of these types of policies.

Finally, there is the option of just adding the child to your own existing policy. We always include in our comparative insurance assessment and the most important differentiators of policies.

Legal Advice

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Five Mistakes You Don’t Want To Make Before Battling A Traffic Ticket

September 4th, 2010

There have been, over the years, some pretty pathetic defense strategies when it came to fighting a traffic ticket. Someone would read some information somewhere or use some advice from a relative or friend.

In this article we will go over the 5 most common mistakes used by people when trying to fight their traffic ticket. Use these as a guide of what not to do.

Mistake #1- Delaying the traffic court date

Most would advise you to get a continuance. The claim is the longer your can postpone the traffic court date, the bigger the chance the police officer wont show up. This makes no sense and isn’t a good strategy to fight a traffic ticket.

Delaying the court date will not improve your chance of having your traffic ticket dismissed.

My question is what if you do postpone your traffic court date and the officer still shows up?

Then what? Police officers get paid overtime to show up to traffic court.

Mistake #2- Requesting evidence before traffic court.

Don’t get me wrong, you have the legal right to view everything they plan on using to convict you. Its called discovery, and is useful before a murder trial. But this is traffic court and it can hurt your case.

If you file a motion for discovery this tells the prosecution that you intend to plan a defense. In almost every case the prosecutor will make sure his case is airtight so you have virtually no chance of winning.

Don’t give the prosecution a heads up that you know anything about traffic court proceedings. Do not contact them prior to your traffic court date.

Mistake #3- Doing a lot of needless research

How many of you like to spend your free time at your local courthouse researching piles upon piles of law books? There’s absolutely no need to do this research. It’s time consuming and not to mention boring.

Although in some cases it may be wise to look up a certain law and see how it is worded, there really is no need to do it with all traffic ticket trials.

Mistake #4- Going after the police officers credibility

If you go to traffic court with the idea you are going to attack the officers credibility, don’t waste your time. You can forget getting your traffic ticket dismissed. Saying the officer didn’t use the equipment properly, or that he singled you out or any number of other excuses are useless.

Don’t ever go into traffic court with the idea you are going to challenge the police officers training on the use of the radar gun. This will only draw scrutiny from the judge, who will accept the officers testimony that he is properly trained on the use of the equipment.

Lets face it, the officer has been properly trained on the use of the speed detecting device he used to give you a traffic ticket. There is no question about it. Where would you get the evidence the judge will ask for to support this claim?

Mistake #5- Showing up to traffic court unprepared.

This may be the biggest mistake individuals make when they try to fight a traffic ticket. They go into traffic court thinking they did their homework, when in reality they had no idea what they were doing, and end up paying the traffic ticket.

And then there are those who don’t do any research and think that they can tell there side of the story and the judge will have pity on them. Yeah right!

Its understandable that it can be nerve wracking showing up to traffic court. Just remember you aren’t on trial for your life, its just a traffic ticket. Traffic court is designed to be user friendly because of the volume of people going through there daily.

Avoid these five mistakes and you will have a better chance of winning your case in traffic court and getting your traffic ticket dismissed.

Legal Advice

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Insurance Deals Regarding Teenagers

August 7th, 2010

Statistics have shown that teenagers are more likely to be involved in car accidents than their adult counterparts. This is usually down to the teenagers making errors of judgment when driving. Teenagers are also more likely to exceed the speed limits more than adults too.

It is facts like these that have driven the cost of insurance policies that involve the addition of a teenager through the roof so to speak.

It is thought that the average family insurance policy can range between $1,600 and $1,800 each year. This shows an increase in cost from other years and this can vary according to which state you live in.

The sad thing is that when you decide to add a teenager onto this policy you will definitely se the cost increase. The amount of the increase can be as little as 50% or as high as 200% of the original cost of the policy.

This is mainly due to the fact that insurance companies class teenagers in the high risk bracket when it comes to drivers. Just one look at the figures tells you why this is the case. But there are certain ways in which you could get some decent discounts for teenage rivers.

Insurance companies will give discounts to teenagers that they believe to be responsible and careful when driving. The teenager that fits this bill is the one with good high school grades. So if you have a teenager that is doing well at school you should check to see if you are eligible for these discounts.

You could also enroll the teenager in the traffic school. By doing this they will learn to abide by the traffic rules and as a result they should not be in the position to get any tickets issue to them. As we all know ticket will push the insurance premiums up.

Finally you could make sure that the car they choose is not a flashy sports car but a practical car. Insurance companies look at sports cars as enticing the teenagers to go faster and that will also push up the insurance premiums.

Legal Advice

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Teaching The Value Of Enrolling For A Driving Course

July 23rd, 2010

Many accidents are reported globally everyday, a number of which are fatal. However, with the measures being taken, there are still no signs of reducing eventualities.

As much as the technology gets more and more sophisticated, there is still some responsibility on the part of the driver for the cars control.

Some times, simulation is the best way to prepare for dangerous situations that we may most likely come across as we drive. Therefore, if you choose to take a defensive driving course you will be able to under the keen watch of an accompanying professional, learn to drive through dangerous situations.

The whole training session is very brief and easy to fit into your schedules. You will have a day of talking and oral instructions. Then on day two, there will be a string of more practical demonstrations to test what you have learnt. That is the best way to train you for the situation.

A driver has to rely greatly on the events he sees unfolding on the road for him to have a total and dedicated control over his own car. This way, accidents are minimized.

Having in mind that focus is very important if you are to maintain proper control of a vehicle, a driver must also know about the various distractions that will cause him to loose focus while driving. This may be eating or use of cell phones while driving.

The exercise that the driver will go through will help him maneuver through certain difficult circumstances that will require him to rely on emergency brakes. He will be taught how to apply emergency brakes at high speeds that may exceed 60KM per hour. This is done under the guidance of qualified personnel who watch closely.

To be able to test and improve the vehicle handling skills of the driver, he can be put through a course where cones have been placed over strategic intervals. The driver is to pass through this course without tipping over a cone.

If a driver chooses to register for a defensive driving course, he will be able to learn all the essentials that a driver requires to cope with some out of this world scenario which encourage accidents.

Legal Advice

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Understanding Driving Under The Influence And The Examinations Needed To Be Conducted For Someone Under It

July 17th, 2010

When you drive a motor vehicle after having drunk alcohol or taken drugs, you are said to be DUI, or Driving Under the Influence. It is illegal to be driving if you have a certain level of alcohol in your bloodstream as it is dangerous for everyone on the road, yourself included.

California has laws against DUI. You cannot drive if you are under the influence of either drugs or alcohol. This law also extends to piloting planes or boats as well. You can get DUI for being drunk and piloting your boat down a waterway. It’s important to have such laws. Imagine how many lives would be at risk if there was an intoxicated pilot!

Here is why we have DUI laws. Under normal circumstances, it is possible for a person to perform more than one simple task at a time with relative ease. In other words, you can press your brake and not lose the ability to effectively steer. Your ability to do even two things at once drops considerably when your blood alcohol goes up to 0.02%. When the BAC of a driver hits 0.08%, impairment is so severe that a driver is incapable of maneuvering a car safely.

That is why California instituted a law in 1990 that makes it illegal to drive with a BAC of 0.08% or more. If you are in California, and you are found to have driven with a BAC of this much or more, you will be arrested and charged with DUI.

Many other states in the US have followed this same BAC guideline. In these states, law enforcement officers are taught to gauge who is likely intoxicated.

Officers manage this by conducting what are called field sobriety tests (FST). These tests can measure a person’s agility and reflexes, and thus estimate their ability to drive safely. You can’t tell what a BAC is by FST, however.

To accurately test BAC, you need to conduct a chemical test. The most accurate way is via blood or urine sample, although measuring alcohol in the breath will also work. The breath measurement tool is the most widely known, and is called the Breathalyzer.

Criminalizing DUI has saved many lives. Since the 0.08% BAC law, DUI fatalities have dropped considerably.

Legal Advice

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Things You Ought To Know About The Importance Of Driver’s Education Programs

July 11th, 2010

Driver’s education is an important component of safe driving. Sure, you can pass a driver’s test and get a license and legally get on the road, but that doesn’t mean that it would be the safe thing to do. A proper driver’s education program is the crucial component in giving students the skills and knowledge to make safe and responsible driving decisions, and to keep themselves and others safe on the roads.

This is a great way for parents to help their kids be safe drivers. When teens can get a driver’s license as early as 14 years old, it’s critical to help them understand the right attitude to have behind the wheel. They are not yet mature enough to realize this on their own.

Because of this, they are more likely to be involved in very serious crashes. Teens really need the insight and direction that is provided by a driver’s education program. They will be so much more likely to accurately grasp the responsibility that driving really is.

Learning this early on will set up children with good driving habits for the rest of their lives. Driver’s education also helps older people, because it can serve as a brushing up on driving skills. Why not update your knowledge about the rules of the road?

What do you get out of a driver’s education program? Well, the first thing is you get more safety from learning how to safely operate your car, and what the new rules of the road are.

Other things you learn in driver’s education are basic tactics like proper distance between vehicles, safe driving methods, the damages of drinking and driving, and the dangers of driving while using a cell phone. It’s good preparation for dealing with driving in the real world.

Students can get a great driver’s education in many ways. There are always the traditional driver’s education courses in most cities, but that is not the only way. You can go online and find a comprehensive driver’s education program on the Internet.

You can even find a correspondence course where you can learn safe driving and do it at your own pace.

Legal Advice

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