DUI

So Your Child Has Been Arrested

October 9, 2019 by Guest Contributor Leave a Comment

Juvenile delinquency has never been a career path parents hope for their kids to aspire to, but things happen. Youths have to capacity to make minor mistakes that land them with misdemeanor charges, and major mistakes that land them with felony charges. Fortunately, the arrest rates for both violent and non-violent crimes are down since the 1990s. 2016 saw just 2,553 arrests out of every 100,000 youths aged ten to seventeen, an almost 70% drop from the 8,476 arrests out of every 100,000 youths of 1996. Whether your kid has been charged with a violent or non-violent offense, you could probably use some help.

The most lenient punishments are given to non-violent offenses, the most common of which are larceny-theft, simple assault, drug possession or abuse, disorderly conduct, and alcohol abuse.

Larceny-theft

Theft accounted for the highest percentage of arrest rates in 2016, reaching a total of 15.7% of all juvenile arrests. This includes pick-pocketing, shoplifting, auto-theft, bicycle theft, and reaching into vending machines. Due to this wide spectrum of stealing, penalties for larceny are varied depending on the situation and the item(s) stolen. They can range from fines to community service to commitment to a juvenile detention facility. If you are worried about your child’s larceny charge, speak to a juvenile defense lawyer to ensure your child gets the best option for recovery.

Simple Assault

Simple assault describes when a victim is threatened, know they are at risk of being hurt, and actually gets hurt. This differs from aggravated assault or battery in the sense that simple assault relates more to unarmed fights without the intent of serious bodily harm. This is relevant to most fights between youths and is considered a misdemeanor in most jurisdictions. If your child has been charged with simple assault, they could face penalties as serious as jail time. Defenses for simple assault include self-defense, defense of property, accident, or consent.

Drug Possession or Abuse

Drug offenses can describe anything from taking drugs as a minor to selling prescription drugs to being in possession of illegal drugs. Drug crimes range from felonies to misdemeanors, depending on your jurisdiction and the nature of the crime, and none should be taken lightly. Modern youth culture lends itself to substance abuse, with social media making peer pressure and access to drugs easier than ever. A lawyer with experience in juvenile drug crimes can help to get your child’s sentence minimized and connect you with resources to help your child get clean.

Disorderly Conduct

Disorderly conduct can be a subjective misdemeanor, as it mainly describes activities that “disturb the peace.” This definition is rather vague and can cover anything from loitering to arguing with authorities to protesting. The defenses for a youth charged with disorderly conduct depends largely on the specific situation, and will ideally be looked over by a lawyer to ensure your child is treated fairly.

Possession or Abuse of Alcohol

Just like drugs, drinking is a large aspect of many youth cultures. This is rarely affected by such things as legal drinking age or concepts of responsible habits. If your child has been charged with underage drinking, possession of alcohol, or an underage DUI (UDD), they may be facing serious charges. UDDs often have lower blood alcohol content limits and high consequences, with a second penalty resulting in up to 90 days in jail in some jurisdiction. Underage possession or UDD charge has the potential to follow your child, which is why enlisting the help of a juvenile defense lawyer is vital for your child to take back control of their life.

5 Car Accident Statistics and What You Should Do

September 27, 2019 by Guest Contributor Leave a Comment

Whether you’ve been at the wheel during or been a passenger during a car crash, or have never experienced one, chances are you’ll have to deal with the repercussions of a collision at some point in your life. An article by Safety America titled “100+ Car Accident Statistics for 2019” paints a vivid picture of the risks of driving in America. The article doesn’t include solutions or advice for those who have been affected by auto collisions, so I decided to focus on five of the statistics and provide some resources.

“In 2010, the cost of medical care and productivity losses due to injuries from car accidents was more than $99 billion – nearly $500 for each licensed US driver.”

A car crash impacts the lives of drivers, passengers, anyone whose property is damaged, and anyone nearby who is injured. These impacts can be in the form of personal injuries, trauma (both physical and emotional), loss of work productivity, and property damages. Through the help of a personal injury lawyer, many of these damages can be recovered. This process can be long and painful, but there are steps you can take immediately after experiencing a collision to improve your chances of winning a personal injury lawsuit:

Call the police. Having an official record of what happened as early as possible and from your point of view will help to keep your story straight as you deal with the shock of being in a collision.
Collect the contact and insurance information for any other drivers involved. If you have suffered damages, their insurance is more likely to provide compensation than the drivers themselves. If the driver refuses to provide their insurance, write down their license plate number and details about their car in case they decide to leave before the police arrive.
Record what happened as quickly as possible. Take photos and videos of the damages and surrounding conditions.
Talk with witnesses at the scene. Get their contact information and ask if they’re ok answering questions from your insurance company or a personal injury lawyer. Witnesses can provide vital outside interpretations of the situation and details the drivers may have missed.
While the police are collecting your statement, make sure to be honest, but do not admit fault. If a lawsuit is filed, you can read the police report and help you identify who was at fault. If you admit fault in the police report, you or your insurance may be forced to pay damages to the other party, even if they were actually further in the wrong than you.
Avoid speaking with any insurance company other than your own, and never give a statement without first consulting your lawyer or insurance company. The other insurance company wants to minimize their payment to you, and a misunderstood question or statement can be the difference between receiving compensation and having to pay it.

Seeking compensation is complicated from any position within a vehicle accident lawsuit, and things get even more complicated when factors such as family, lack of insurance, or rideshares are involved. Contact a personal injury lawyer if you require further information or support regarding your vehicle accident lawsuit.

“On average, about two in three people will be involved in a drunk driving crash in their lifetime.”

Drunk driving, or driving while under the influence of drugs, is a danger to everyone. In 2016, 30 percent of drivers involved in a fatal night-time crash was drunk. Whether you were under the influence or the other driver was, or even if you were the passenger during a DUI, you should know how to respond in the case of a collision.

If you were not the one under the influence when the collision occurred, you are eligible for compensation. To get that compensation, you have to file a personal injury lawsuit, which is a completely separate process from the accused driver’s DUI prosecution. Both cases will require such pieces of evidence like police reports, breathalyzer/blood/sobriety tests, and witness testimony.

As a passenger, you are sometimes expected to be aware and responsible when the driver is drunk. If you allow your friend, family member, or the person driving to continue to drive despite them being drunk you might face legal repercussions. Laws vary state to state, so research your local laws and try to avoid being a passenger during a DUI.

If you have been caught driving drunk, you’re going to need help. Either you were unfairly slapped with a DUI charge, or you really were driving while under the influence, but either way you could use a good DUI lawyer. A good lawyer can help explain the penalties of your state and how to avoid a conviction that will hurt you more than it helps anyone else.

“It takes only 3 seconds after a driver has been distracted for a crash to occur.”

Driving is an activity that requires one’s full attention, but the statistics show that drivers are not always focused. Mobile phones are often cited as the reason drivers are so distracted these days, but things other than the road have been catching the attention of drivers since long before even the car-phone was invented. Conversation, navigation, eating, and adjusting music all play their roles in distracted driving. Ways to avoid distracted driving include:

Pulling over in a safe area to take phone calls, eat meals, have arguments, and do things you can’t do while driving
Having a designated passenger to change the music, provide navigation, and answer texts
Installing a voice-command system in your car so that you can remain hands-free when interacting with your car and/or devices

If you have been in an accident as a result of distracted driving, whether the other driver, you, or both of you were distracted, you can receive compensation for any injury or damages you may have experienced. Depending on where you are, you can receive compensation for damages even if you were partially at fault. Some states have a “comparative fault” doctrine, in which the plaintiff can receive compensation even if they are found partially at fault. Their damage pay-out may be reduced the judge and jury present. A personal injury lawyer is the best person to talk to to learn your options in a distracted driving lawsuit.

“The risk of motor vehicle crashes is higher among 16-19-year-olds than among any other age group In 2015, teens ages 16-19 in the United States accounted for 2,333 fatalities and 233,845 injuries due to car accidents.”

Young and inexperienced drivers have yet to gain the skills and experience seasoned drivers use to keep themselves safe while on the roads. The lack of skills paired with a general tendency towards reckless behavior makes teenage drivers at the highest risk of being involved in a crash than any other driving group.

If you are a teenager and/or have been involved in an accident with a teenager, you can file for compensation for damages done to you and your property. This can make car insurance a bit pricey for teenage drivers, but the statistics say it’s better to be safe than sorry.

If you are a teenager who enjoys drinking, look into your state’s “Underage DUI (UDD)” laws. If your state has such laws, you may be arrested for drunk driving while having a blood alcohol content lower than the legal limit for adults. It also means you will get points on your driving record, pay fines, and possible license suspension. The easiest way to avoid getting an underage DUI charge is not to participate in underage drinking, and if you do then don’t drive.

“Repeat offenders account for about one-third of all drivers arrested or convicted of driving under the influence of alcohol.”

If this isn’t your first time being pulled over for a DUI, you will see stricter charges than before. One-third of drivers arrested or convicted for DUIs are repeat offenders. If that describes you, you’ll really need a good DUI lawyer. One of your best options might be a deferred prosecution, in which charges are kept off your permanent record as you go through intensive therapy to treat alcoholism and alcoholic behaviors. It serves as a chance for recovery while also avoiding charges that could cripple the rest of your life.

Talk to a DUI lawyer to see if deferred prosecution is an option for you. Penalties only increase with repeat offenses, with states implementing ankle monitors and ignition interlock devices on your vehicles. These are only the consequences for you, not to mention the danger you are putting on those around you when you drive drunk.

Every collision has the potential for resolution and/or compensation. Talk to a lawyer to see if you have a case with your situation, and remember to drive safely!

Drunk Driving Fatalities Spike in July

August 3, 2019 by Mike Nason Leave a Comment

Summertime means more people enjoying the great outdoors and exploring new places. However, across the United States, summer is also a time when it’s extremely dangerous to be on the road, either as a driver or as a passenger.

A number of factors contribute to high drunk driving rates in the summer months. Many of the same things that make summer the most popular time of year are the same things that increase impaired driving rates—outdoor events, longer days, and more free time can all lead people to get behind the wheel when they shouldn’t.

Drunk Driving Statistics

Statistics indicate that impaired driving is a massive problem in the United States, and efforts to quell it have not been widely successful. Per the National Highway Traffic Safety Administration, nearly 11,000 people died from drunk driving crashes. This averages out to one death every 48 minutes. Alcohol was a contributing factor in 29 percent of driving fatalities in 2017.

The same report shows that nearly 10 percent of fatal drunk driving crashes take place in July. Fatality rates creep up steadily in spring, peak in July, and gradually decrease throughout fall and winter. According to the CDC, alcohol-related crashes lead to over $44 billion in damages and expenses every year.

Experts note that the Fourth of July is a major reason that July is such a dangerous month for drunk driving accidents. Many extend the holiday and turn it into a long weekend, and without proper planning, many find themselves without a safe way to get home after a night of drinking. In 2017, 40 percent of all fatal crashes occurring during the Fourth of July week involved alcohol.

Penalties for Driving Under the Influence

Federal, state, and local governments have tried a wide range of tactics to stem the tide of drunk driving accidents. Many of these efforts have been punitive in nature. By implementing higher and higher fines for drunk driving arrests, legislators hope to dissuade people from driving while impaired. Additionally, many states have implemented mandatory minimum sentences for drunk driving offenders. While many municipalities do not have mandatory minimum sentences for first-time offenders, several have strict requirements for second, third, and additional offenses. As penalties for impaired driving have become more severe and the social stigma of impaired driving has grown, it’s become more difficult for drivers to defend themselves after an arrest.

Other campaigns have attempted to tackle the drunk driving issue on a societal level. Some campaigns strive to make events less alcohol-centered, while others aim to attach a greater stigma to drunk driving. Several organizations highlight fatalities and serious injuries caused by impaired drivers, hoping to show people the harm they could potentially cause when they get behind the wheel after drinking.

Across all of these programs and campaigns, results have been mixed.

Other Solutions to the Drunk Driving Problem

A growing number of programs try to provide solutions for drivers, rather than enforcing punitive measures. A rapid increase in ridesharing programs across the nation has provided affordable alternatives to many people after a night out. The NHTSA reports that over half of drunk driving crashes occur in urban areas, where consumers have many rideshare options. Some bars and restaurants offer free overnight parking for guests who cannot safely drive, allowing people to realize when they’ve had enough without worrying about getting their vehicle towed. Some cities offer a free shuttle service or free bus rides to people on nights when drunk driving is a common issue—this includes holidays like the Fourth of July and New Year’s Eve. Legislators in some states and cities have dedicated substantial funding to public transportation, recognizing that people may be less likely to drive while impaired if there is a safe and affordable way to get home instead.

Drunk Driving Statistics Urge DUI Enforcement

July 1, 2011 by Archives Leave a Comment

Forth of July weekend is a great chance for Americans to chow down on hot dogs on their day off, enjoy the sun, and relax with friends. But holiday celebrators who have had a little too much to drink often abuse the holiday by driving drunk. Getting behind the wheel while intoxicated is incredibly dangerous and leads to thousands of car accident deaths and even more injuries each year. Over 4th of July weekend this year, state and local law enforcement agencies will crack down on drunk drivers, but the challenge lies with individuals to decide not to drive drunk, and to stop their friends and family members from making that same mistake.

The National Highway Traffic Safety Administration reports that in 2009, 410 people were killed in car accidents in only four days over 4th of July weekend. Of those, more than forty percent of the deaths were directly attributed to drunk drivers. This disproportionately high number indicates the trouble cities and states have reducing drunk driving during holiday weekends. But it’s no surprise that drunk driving is a serious issue all year long, and enforcement agencies should strengthen preventative measures to persuade potential drunk drivers to make the correct decision and call a cab when they’re intoxicated.

A look at the drunk driving statistics nationwide indicates that most states are lenient when it comes to drunk driving enforcement. And many of these states that are easy on DUI enforcement, are plagued by an abnormally high number of DUI deaths. South Carolina, for example, does not suspend the driver’s license after a DUI arrest, and requires ignition interlock devices only for repeat offenders, and a whopping 44 percent of total accident deaths in South Carolina are DUI-related. That’s compared to the national average of about 33 percent. DUI laws are a big stronger in states like California, which mandates a four month suspension after a first DUI offence, allows sobriety checkpoints, and has a pilot ignition interlock program in 4 counties.

But even the most progressive road safety states are not immune from staggering drunk driving fatality statistics. California, for example, mourns 1,029 drunk driving related deaths each year. Michigan, on the other hand, has much more lenient drunk driving laws and only 299 drunk driving deaths each year (albeit a much smaller population). So no matter what your state’s attitude toward drunk drivers, the best strategy is always to avoid drunk driving yourself, urge the same for your family and friends, and take extra precautions while driving at night, especially during holiday weekends.

So have a relaxing 4th of July Weekend, and remember to stay sober if you’re driving!

Photo credit: H.L.I.T.