Tag Archives: impaired drivers

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, Uncategorized

“DRUNK DRIVING – OVER THE LIMIT – UNDER ARREST!”

United States Transportation Secretary, Ray LaHood, kicked off this important campaign on Monday: “Drunk Driving. Over the Limit. Under Arrest.”    The National Highway Transportation Safety Administration sponsors this multimillion-dollar movement annually during the busy holiday season.  Their statistics reveal that in the month of December, 2009, 753 people were killed in crashes that involved a drunk driver or motorcycle operator with a Blood Alcohol Concentration (BAC) of .08 or higher – above the legal limit.  That was for only one month! 

Further statistics from NHTSA show that during last year, a total of 10,839 persons were killed in alcohol-related vehicle accidents (that’s one person every 48 minutes!)  Of those:

        7,281 –  (67%) of the fatalities were drivers with a BAC of .08 or more;

       1,772 –  (17%) of fatalities were passengers with the impaired drivers.

        1,119 –  (10%)  of fatalities were occupants of other vehicles.

           667 –   (6%) of fatalities were pedestrians or non-occupants of the vehicles.

That represents almost 11,000 persons who lost their lives in 2009, many of them innocent victims. 

The Governors Highway Safety Association is in strong support of this “Drunk Driving. Over the Limit. Under Arrest” program.  Federal officials also want all states to use the “No Refusal” strategy when it comes to a suspected drunk driver rejecting a sobriety test.  Thus far, nine states are using this method – Louisiana, Florida, Kansas, Missouri, Illinois, Utah, Idaho, Texas, and Arizona.    Many other states have the necessary legal authority to conduct No Refusal initiatives including: Alaska, Alabama, California, Colorado, Georgia, Indiana, Maryland, Michigan, Mississippi, North Carolina, North Dakota, Nebraska, Ohio, Oklahoma, Pennsylvania, South Dakota, Virginia, Washington, Wisconsin, and West Virginia.   If the driver refuses, officers can obtain warrants immediately from “on call” judges in order to have blood samples taken from the suspected drunk driver. This will eliminate many suspected drunk drivers from trying to dodge arrests on the weekends or holidays. 

The GHSA and NHTSA met with a number of state officials last November to discuss best practice in putting into place alcohol ignition interlock programs.  Next year, the GHSA will begin a three-year NHTSA-funded research effort to determine the most effective elements in this type of program.  Alcohol ignition interlocks would prevent a convicted drunk driver to get behind the wheel of his/her vehicle unless they are sober.  Twelve states have already passed this law. 

In Texas, State Senator Jane Nelson has filed a bill to permanently revoke the driver’s license of any motorist in Texas that has been convicted twice of driving while intoxicated.  One reason she cited was an Easter-weekend car crash that left a mother and her daughter dead, involving an intoxicated driver who had been convicted of DWI three times.  Nelson has also filed a bill requiring first-time offenders to not drink alcohol and to wear an alcohol detection monitor for 60 days as a condition of probation.  More than 1,200 people died on Texas roadways in 2008, in crashes involving drivers with .08 or higher blood-alcohol content.  According to the Texas Department of Public Safety records, 78,000 Texans have three or more DWI Convictions.  M.A.D.D. (Mothers Against Drunk Driving) supports bills that allow Texas law officers to conduct sobriety checkpoints and require the ignition interlock devices for first-time offenders.  Research has shown that these measures have reduced drunk-driving deaths in other states, according to Bill Lewis, public policy liaison for the Texas Chapter of M.A.D.D.   Get involved by contacting your state lawmakers and let them know you want this problem dealt with. 

Get ready, because if you are traveling this holiday season, you will see more black and white patrol cars.  Through grants, the NHTSA helps fund extra saturation patrols and checkpoint stops during the three week, December 16th through January 3rd “Drunk Driving, Over the Limit, Under Arrest” campaign.  Sometimes we think they’re just out to catch us speeding so we get a big ticket.  They are there to save our lives.  Don’t speed, don’t text while driving, and don’t drive under the influence!  If you obey the law, you won’t get stopped.  If you plan to attend a party, have a designated driver. Don’t let your friends drive if they’ve been drinking.  Take their keys away and take them home, or call a cab. Driving under the influence or with someone who has been is not worth becoming a statistic.