Tag Archives: dui

General Safety Issues

Four Ways to Avoid Being Pulled Over for Mistaken DUI (Guest Post)

The recent popularity of controlled substances and the use of legally prescribed medications have prompted all police departments to be conscience of the possibility of impaired operators, regardless of the presence of alcohol. In addition, contemporary vehicles are engineered for excellent performance and exceeding the speed limit is easy in any driving zone. Conversely, many vehicles experience regular maintenance problems that can go unrecognized and instigate a traffic stop. Secondary offenses are not legally sufficient to warrant action by the officer unless a primary driving offense has occurred, but always remember that the officer is an officer of the court and his testimony will have a significant bearing on the case. Officer observances carry considerable latitude, even though those charged with a mistaken DUI can be acquitted with the help of a proper defense. 

Follow All Traffic Regulations
Failure to comply with vehicle operation statutes is one of the first indicators to an officer that a motorist is intoxicated. Maintaining the proper traffic lane is the most basic of rules and can create officer attention immediately. Using turn signals is also important, along with using them in the appropriate distance before turning or changing lanes. Turn signals should be in indication mode at least 100 feet from the intersection. Avoiding congested traffic can also be a good defense against being questioned concerning intoxication because combative drivers can create dangerous situations and alert defensive drivers often need to be creative to avoid a collision. Patrolmen can be included in the congested traffic and easily stop the wrong driver. Additionally, never operate an automobile without engaging the seat belts. Many states have enhanced seat belt laws to a primary driving offense and it is sufficient to warrant stopping a motorist. 

Lack of Proper Sleep 

Perhaps one of the most dangerous ways to drive, other than being drunk or under the influence of certain medications, is to drive tired.  Lack of rest can severely influence how you’re able to handle the road; your alertness, ability to read signs and process important information, and keep your eyes on the road are all at the mercy of a good night’s rest.   

Defective Vehicle Equipment

The intensified scrutiny of motorists has also initiated a focus on proper vehicle equipment. All turn signals should be in proper operating condition, including brake lights and backup lights. The most obscure problem in vehicle operation is probably the light above the license plate, which is required on both the front and back in some states. Additionally, improper use of the high beam headlights can result in a traffic stop. The headlights are the most important safety component of an operational vehicle. Attempting to drive a vehicle is a state of disrepair can result in an intoxicated driving investigation by default. 

Legal Medications
Just because a doctor prescribes medication for an individual does not give them the authority to take the medication and drive, even under prescribed instructions. Never operate a vehicle under the influence of intoxicants, even if they are legal for the driver. It is legal to possess them when they are in the proper container, but it is important for the operator to make sure that they are, and that they are in the proper amounts. In the event you are charged with driving under the influence of legal medications, your container and prescribed doses will be pertinent pieces of information — whether you’re using a Los Angeles or Orlando Criminal Team DUI defense.
The single most important component of driving in avoidance of a traffic stop is simple. Always drive in a defensive manner and observe the speed limit. Prepare the vehicle for a clean traffic stop. Individuals that are taken to a medical facility and are under the influence of a prescribed drug may have a good case to present to the court, especially with solid, experienced and effective counsel. Many medications have half-life potency and this fact can be presented in court as a reason for any positive testing for a legal prescription because intoxication levels are difficult to detect with many legal medications. 


Saam Banai is a freelance writer, editor, and fighter for focused driving. The driver who’s experiencing false charges for drunk driving would be best suited calling a firm like Katz & Phillips P.A., which provides experienced DUI defense. Don’t take a chance in losing your license. Place your trust in an experienced lawyer who knows DUI law inside and out and can protect your rights so you can keep on driving.

 

General Safety Issues

PREVENTING WRONG-WAY ACCIDENTS

Has anyone out there come up with the solution to prevent wrong-way accidents?  Probably not, because they are still happening and lives are being lost.  If you do have a suggestion, please send it to us, and we will do a follow-up article on this subject.  It would be good to see how many different ideas we can think of.  One thing that has been suggested for the motoring public to do is immediately report someone driving in the wrong direction to law enforcement.  The law does provide an exemption for cell phone use while driving in case of an emergency. 

If wrong-way driving is seemingly rare, why is it that about 350 people are killed and thousands more are injured every year as a result of people driving the wrong way?  This problem isn’t going away, even though researchers are looking for a way to keep it from happening.   In an attempt to curb a rising number of wrong-way crashes in the Fort Worth area, the Texas Department of Transportation, along with the Texas Transportation Institute, researched the causes of this deadly driving phenomenon.  Their findings were, not surprisingly, that most drivers were under the influence of alcohol or drugs and that most wrong-way drivers entered the highway by getting on at an exit ramp.  Their findings also showed that crashes between vehicles going the wrong way are usually severe and more likely to result in serious injury or death.  Also, they may be more likely to involve elderly drivers, and happen usually at night or early morning. 

A common suggestion is to place road spikes at exit ramps.  This type of barrier has been tested to determine if they could be used at off-ramps to stop vehicles from entering the wrong way; however, this idea isn’t feasible.  The spikes, even modified in shape, do not cause the tires to deflate quickly enough to prevent a vehicle from entering the freeway.  Stubs could also be left to damage the tires of right-way vehicles.  And, as it was pointed out, if you did stop a wrong-way car with road spikes, then you have a stalled car sitting at the exit ramp.  (Of course, that’s  better than on the freeway).

Another approach being tried by the state of Texas is installing sensors in the asphalt on several highway on-ramps that can detect when a car is travelling the wrong way.  The sensors can’t prevent drivers from getting on the highway going the wrong way, but they can send an alert to local police, who could possibly have a better chance of stopping the driver than for a driver to phone in a 911 call.  Florida and New Mexico have installed sensor systems that can detect wrong-way drivers and alert oncoming cars of potential dangers. (Good plan).

The TTI study showed that impaired drivers are looking down at the road in front of their car, and don’t look up, so they don’t see the “Do Not Enter” or “Wrong Way” signs that are displayed about 7-feet high.  The federal government wants to approve 2 ft. high reflective signs, which will also help drivers with poor night vision.  Another possible solution is reflective pavement bumps placed at ramps to indicate the correct direction.  The bumps are arranged to form an arrow that points in the correct direction to travel. 

It is agreed by authorities that elderly or confused drivers on the wrong side of the road, will pull over, once they have realized what’s happening.  Inebriated drivers are not that concerned with signs, or anything else.  The National Highway Traffic Safety Administration, automakers, and other companies are working on a system that is designed to prevent anyone with a blood-alcohol content higher than 0.08 from operating a vehicle.  Then drunken or drugged drivers couldn’t leave their parking spots.  That would eliminate a large number of the crashes that occur.  Hopefully, when this technology is developed, it will become standard on all cars.  Until that scenario comes to pass, we must encourage drivers to have designated drivers when they plan to drink at a party, or stay home!  There may be occasional cases when someone with a health problem cannot get control of their car.  In this instance, it would be better if they had someone else drive them to their destination rather than take a chance.

Lastly, if judges would punish the DUI offenders by keeping them off the streets, we would all be much safer.  Too often, you read a story about an innocent person(s) who lost their life to a driver under the influence, who had already been convicted of DUI more than one time.  Where’s the justice for those victims?   Think about it this way, you wouldn’t want to meet someone going the wrong way in your lane.  We must pay attention when we are driving and avoid any “chance meetings”.

Seriously, please send in your comments and ideas on how we can correct this deadly problem! Thanks.

General Safety Issues, Weather Protection

LABOR DAY, 2010 SAFETY TIPS

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Monday, September 6th,   millions of American workers will celebrate Labor Day. Wrapping up summer fun, and beginning school, this will be the last holiday until Thanksgiving.  Labor Day became a federal holiday in the United States in 1894, and is always observed the first Monday in September. 

Labor Day is also known as the second deadliest holiday of the year, with Thanksgiving coming in at #1.  So, while you are busy making plans for that three-day weekend, please give some thought to keeping yourself and your loved ones safe.  You know that your friendly State Troopers are going to be out in full-force, and their number one priority is seeing that you travel safely.  You may think that they are just out to get you, but as long as you drive at speeds designated by the law, and have your seat belt buckled, they won’t bother you.  One way to guarantee that is to head for your destination in plenty of time, allowing you to arrive on time.  Be sure to have your cell phone handy, but please don’t text and drive.  One of your passengers can answer your phone, or you can retrieve your messages once you have stopped driving. 

AAA expects 34.4 million Americans to travel this holiday weekend, from Thursday September 2nd, through Monday, September 6th.   Most will be going at least 50 miles from home, with the average miles travelled around 635.  If you are one of those travelers, be sure you watch for the other driver (drive defensively), motorcycles and bicycles.  Everyone should show the same respect on the roads that they expect to receive.  Driving and drinking just don’t mix, and those Driving Under the Influence (alcohol, drugs), will be arrested.  The same goes for BUI, pertaining to someone driving a boat under the influence; they will be subject to arrest, too. 

If you are going on an outing, such as fishing, camping, hiking, etc., be sure to take along your sunscreen, first aid kit, sunglasses, insect repellent, and protective gear.  Because the weather is still warm, you’ll want to keep all perishable food items cold, and not leave them out of the ice chest for more than one hour.  Taking along a NOAA weather radio would be a good plan, too, as this time of the year, there may be weather changes that would affect your outdoor activities.

 Wherever the roads take you, obey the law and stay safe.  Everyone traveling expects to return to work next Tuesday.  Do your part to see that they do.  

P.S.  Let’s hope that we have more American workers to honor next year; there are thousands who NEED jobs desperately.  Be thankful for the one you have.

General Safety Issues

ANOTHER WAKE-UP CALL FOR DUI OFFENDERS

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Recently, a Tarrant County, Texas, jury sentenced a 31 year-old woman to 16 years in prison for being drunk when she caused a collision January 11, 2009, that killed a 20 year-old young man, riding in a small car that was broadsided as she ran a red light, driving at a speed of 70 m.p.h.  In addition, she was sentenced to 10 years in prison for intoxication assault because the driver of the car was permanently maimed.  The driver, who was 21 at the time of the accident, spent 85 days in a Fort Worth hospital and now uses a wheelchair.  He has difficulty speaking; his life has been altered because of the recklessness of someone who had spent the evening drinking at two nightclubs and had a blood alcohol content that was more than twice the legal limit.

The driver of the SUV had no criminal history, but the jury handed down the stiff sentence.  After passing sentence, the District Judge ruled she could serve her two prison terms concurrently.  She must serve at least eight years before she will be eligible for parole.  The prosecutor noted that “if it makes someone think twice about drinking and driving”, that’s fabulous.  (Just seeing the video of this horrible wreck, filmed by the red-light camera, was enough to make you get into the habit of slowing down when you come to an intersection.  It was like watching a race car speed down the street, hitting the victims’ car so hard it just disappeared.)

After the verdict, several family members addressed the woman in the courtroom.  The young man who drove the small car had prepared a montage of pictures shown on a video screen.  It showed him as a young boy, then a strapping young man who joked with friends and family, swam, and played sports.  “Then I met you,” the text on the video said.  Next, were photographs of his mangled car, and breathing tubes he used as he fought for life in an intensive care unit.  The final text said “Don’t forget me,” “because I sure won’t forget you.”

If you go out with friends and have a few drinks, use your head and give the keys to someone else.  We have to be responsible for each other.  Take the keys away when you see someone taking a chance getting behind the wheel!  It may make them angry, but you may keep them from endangering their life, and hurting or killing others.  Lives can be forever changed for the victims of a driver under the influence of alcohol or drugs.

The woman who was speeding through a busy intersection will have to live with the guilt associated with her careless act.  Sometimes even nice people make mistakes, and that one will stay with her forever.

Source:
Fort Worth Star-Telegram