Halloween could turn into a real nightmare for those who choose to drink and drive. Law enforcement agencies across Colorado will be working overtime during the holiday period to arrest impaired drivers, reports the Colorado Department of Transportation (CDOT). The stepped up Heat is On enforcement begins at 6 p.m. on Friday, October 26 and continues until 3 a.m. on Thursday, November 1.
“Halloween should be a time for scary costumes, trick or treating with the kids and good family fun,” said Pam Hutton, CDOT governor’s representative for highway safety. “But unfortunately, Halloween has also become a very dangerous and deadly time of the year due to impaired driving.”
According to the National Highway Traffic Safety Administration (NHTSA), 41 percent of all highway fatalities across the nation on Halloween night involved a driver or motorcycle operator with a Blood Alcohol Concentration (BAC) of .08 or higher, which is illegal in every state.
In 2006, 217 people died in alcohol-related traffic crashes in Colorado. Three-quarter of those killed were men and nearly one in six were riding motorcycles. Seventeen percent of victims were under age 21.
The Colorado State Patrol and more than 60 agencies have filed plans for increased patrols and saturation patrols over the 6-day holiday enforcement period. During last year’s Halloween crackdown, Colorado law enforcement agencies made 562 DUI arrests. DUI violators often face jail time, loss of their driver’s license, alcohol-treatment classes and other expenses that can exceed $10,000.
For a safer Halloween weekend, CDOT and CSP recommend these simple tips:
Designate your sober driver before going out and give that person your keys;
If you are impaired, call a taxi, use mass transit or call a sober friend or family member to help get you home safely;
Always buckle up – it’s still your best defense against an impaired driver;
If you know someone is about to drive while impaired, take their keys and help them make other arrangements to get where they are going safely.
Wednesday, October 24, 2007
Wednesday, August 29, 2007
Finding a Good DUI Lawyer
It can be a very trying process to locate and retain a San Diego DUI lawyer. Many attorneys are either inept, lack experience, and/or dishonest. By asking the following specific questions you can simplify the process:
> Is the lawyer able to secure technical expert witnesses in police procedures and does he/she have access to blood/breath analysis? Will he/she have a lab reanalyze the blood samples?
> Results of a trial are never certain. Does the lawyer make any promises about the results of the case? A lawyer who has professional integrity would never make any guarantees.
> Do charges include all the “extras” (DMV license hearing, blood reanalysis, trial, subpoena costs, expert testimony, etc.)? Is there a retainer fee? Most importantly, are all fees laid out and explained in a written contract?
The field of DUI defense is very specific and complex. Does this lawyer handle criminal cases as well as drunk driving cases? How many cases pertain to drunk driving out of his/her entire caseload? Handling multiple kinds of cases is analogous to a family doctor who covers heart transplants, cancer research, and pediatrics all at once.
> The field of DUI defense is very specific and complex. Does this lawyer handle criminal cases as well as drunk driving cases? How many cases pertain to drunk driving out of his/her entire caseload? Handling multiple kinds of cases is analogous to a family doctor who covers heart transplants, cancer research, and pediatrics all at once.
> Where does the lawyer stand with the State Bar? Have there been any negative comments about him/her?
> Was the attorney’s law school a highly regarded institute? Is the lawyer Board-certified by the National College for DUI Defenses, and is he/she a member of the college?
> The highest score for capabilities and principles is “A-V”. How did the Martindale-Hubbell International Directory of Attorneys rank the attorney?
> Is the lawyer able to secure technical expert witnesses in police procedures and does he/she have access to blood/breath analysis? Will he/she have a lab reanalyze the blood samples?
> Results of a trial are never certain. Does the lawyer make any promises about the results of the case? A lawyer who has professional integrity would never make any guarantees.
> Do charges include all the “extras” (DMV license hearing, blood reanalysis, trial, subpoena costs, expert testimony, etc.)? Is there a retainer fee? Most importantly, are all fees laid out and explained in a written contract?
The field of DUI defense is very specific and complex. Does this lawyer handle criminal cases as well as drunk driving cases? How many cases pertain to drunk driving out of his/her entire caseload? Handling multiple kinds of cases is analogous to a family doctor who covers heart transplants, cancer research, and pediatrics all at once.
> The field of DUI defense is very specific and complex. Does this lawyer handle criminal cases as well as drunk driving cases? How many cases pertain to drunk driving out of his/her entire caseload? Handling multiple kinds of cases is analogous to a family doctor who covers heart transplants, cancer research, and pediatrics all at once.
> Where does the lawyer stand with the State Bar? Have there been any negative comments about him/her?
> Was the attorney’s law school a highly regarded institute? Is the lawyer Board-certified by the National College for DUI Defenses, and is he/she a member of the college?
> The highest score for capabilities and principles is “A-V”. How did the Martindale-Hubbell International Directory of Attorneys rank the attorney?
California's DUI Laws
The drunk driving provisions of the California Vehicle Code consist of dozens of pages of complex language involving such matters as crimes, procedures, evidence, penalties, license suspensions, DUI schools, etc. At the heart of these is Section 23152 which sets forth the two basic laws. Section 23152(a) makes it a misdemeanor to drive a vehicle while under the influence of alcohol or drugs (or a combination of the two). Section 2352(b) describes a second misdemeanor for driving with a blood alcohol level of .08% or more — regardless of whether under the influence.
> 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
> 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
Unless the driver refused to submit to a breath or blood test, he will usually be charged with both crimes — driving under the influence and driving with .08% blood alcohol. Further, he can be convicted of both; if he refused to provide a chemical sample, he will only be charged with Section 23152(a), although the sentence and license suspension may be more severe.
> 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs.
> 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood.
Unless the driver refused to submit to a breath or blood test, he will usually be charged with both crimes — driving under the influence and driving with .08% blood alcohol. Further, he can be convicted of both; if he refused to provide a chemical sample, he will only be charged with Section 23152(a), although the sentence and license suspension may be more severe.
Sunday, August 26, 2007
San Diego DUI arrests are unique in that they can arise in a number of different ways. Amber alerts signs are now being used on San Diego freeways directing motorists to report other drivers they suspect of drinking and driving. A common scenario is the sobriety checkpoint, or DUI roadblock, where drivers are stopped and questioned as to whether they've been drinking. Involvement in a car accident where police are summoned, as any lawyer will tell you, is another instance of coming under suspicion for DUI and being subjected to sobriety testing. Another method of finding and arresting drunk drivers is aerial surveillance by a police helicopter in search of impaired motorists. The San Diego Police Department employs a specialized Task force, or DUI squad, who work closely with MADD (Mothers Against Drunk Driving) and other law enforcement agencies to increase the number of drunk driving arrests in the county. The San Diego Police DUI Task Force is trained to look for specific drunk driving patterns and behaviors associated with drunk driving. The City of San Diego, in compliance with federal and DUI activists' guidelines for penalization and deterrence of DUI, has no shortage of funding for this purpose.
California DUI Law:
As any attorney will tell you, Californians use the acronym DUI in reference to Driving Under the Influence of an Intoxicant (or intoxicants); alcohol and/or drugs, including prescription medication if it impairs ability to drive. It is often termed as DWI, or Driving While Intoxicated, in other states, thus operating a motor vehicle while impaired, or with a blood or breath alcohol concentration at or above the legal limit of .08% for adults 21 years of age or older. The laws are much stricter for minors accused of DUI who are under the legal drinking age.
In San Diego County, A MISDEMEANOR is typically charged for a a first DUI offense involving no injury, property damage, or other DUI penalty enhancements, and is punishable by up to one year in jail and heavy fines.
A FELONY in San Diego County is usually charged when the the drunk driving case involves a penalty enhancement, such as causing bodily injury to another, a prior felony conviction, refusal to submit to a chemical test, or another "aggravating" circumstance; the punishment for a felony DUI conviction could be a sentence of several years in a state prison.
Under California legislature every attorney knows, a drunk driving arrest triggers two cases; the criminal court case as stated above, AND a California Department of Motor Vehicles (DMV) case to enforce automatic suspension of your drivers license. You actually have two separate counts / cases to fight.
As any attorney will tell you, Californians use the acronym DUI in reference to Driving Under the Influence of an Intoxicant (or intoxicants); alcohol and/or drugs, including prescription medication if it impairs ability to drive. It is often termed as DWI, or Driving While Intoxicated, in other states, thus operating a motor vehicle while impaired, or with a blood or breath alcohol concentration at or above the legal limit of .08% for adults 21 years of age or older. The laws are much stricter for minors accused of DUI who are under the legal drinking age.
In San Diego County, A MISDEMEANOR is typically charged for a a first DUI offense involving no injury, property damage, or other DUI penalty enhancements, and is punishable by up to one year in jail and heavy fines.
A FELONY in San Diego County is usually charged when the the drunk driving case involves a penalty enhancement, such as causing bodily injury to another, a prior felony conviction, refusal to submit to a chemical test, or another "aggravating" circumstance; the punishment for a felony DUI conviction could be a sentence of several years in a state prison.
Under California legislature every attorney knows, a drunk driving arrest triggers two cases; the criminal court case as stated above, AND a California Department of Motor Vehicles (DMV) case to enforce automatic suspension of your drivers license. You actually have two separate counts / cases to fight.
Do you need a San Diego DUI Lawyer? If you have been arrested for DUI in San Diego County and need strong legal attorney representation or resources and information, you're on the right blog. Each attorney dedicates 100% to the defense of persons accused of driving under the influence - a team of four drunk driving attorneys who handle no other legal or criminal cases but DUI. This blog is designed to help site visitors understand, deal with, and successfully manage drunk driving charges in San Diego, California.
Subscribe to:
Posts (Atom)