1.      Cell Phone-Related Accidents

The Harvard Center for Risk Analysis has collected and distributed national data on accidents in which the use of a cell phone was involved, and the figures are staggering.  To date, their research has shown that in 2,600 fatal car accidents each year there was reported cell phone usage during the crash, added to another 330,000 accidents resulting in critical injuries.  Considering that, after you rule out certain figures from drunk driving accidents — such as those where the driver was not over the legal limit, those where the drivers killed themselves, and those where the injured or deceased were drunk pedestrians — there are only around 4,800 real drunk driving murders, it seems that the law is missing a pretty important point. Talking on cell phones while driving is dangerous.

2.      Accidents caused by Drowsy Drivers

Like cell phone use, it is hard to measure how many people die while asleep behind the wheel, but the government has estimated that there are approximately 1,500 deaths annually because of people driving while tired.   Think about how many deaths go unreported because people weren’t aware that they were sleeping when they got into a wreck.  There’s no way to account for it, but it definitely happens, and it happens more than the police and media are letting on.

Clearly drunk driving is a problem, but sometimes it seems the DUI campaigns are a little too enthusiastic, and often are blinded to other important areas of safety that could use some regulation as well.

Byline:

Jane Smith is a freelance writer and blogger. She writes about free background checks for Backgroundcheck.org. Questions and comments can be sent to: janesmth161 @ gmail.com

• fines up to $1,600
• up to 6 months in jail (or probation)
• suspension of driver’s license
• mandatory DUI school
• mandatory SR-22 insurance coverage
• mandatory installation of ignition interlock device (IID)

 Ignition Interlock Device 

An ignition interlock device is designed to prevent someone who has been convicted of DUI from drinking and driving again.  It is fastened to the dashboard or other location within the car and measures the blood alcohol content, or BAC, of the driver.  Before the driver can start the car, he/she must breathe into the IID.  If the driver’s BAC is within a certain range, commonly from .02% – .04%, the car will start normally.  If the driver’s BAC exceeds that limit, however, the ignition interlock device will prevent the vehicle from starting.  

In some states, an IID must be installed before an individual who has been convicted of multiple DUIs can have his/her full driving privileges reinstated.  In California, however, anyone convicted of DUI will be ordered to install an ignition interlock device in their car.  An IID must be installed even if an individual is driving with a restricted license (where the driver is allowed to drive only to certain places, such as to work or school) as a result of a DUI conviction. 

Ignition interlock devices are not cheap, either.  In addition to paying up to $200 to have the IID installed, a driver convicted of DUI must also pay a fee of $79 – $100 per month to rent the device, and other periodic maintenance fees as well.  

Can A Driver “Trick” An IID? 

A determined individual might be able to “trick” the IID or get around it, but it will not be easy.  Air that is sent through the device mechanically will not achieve the desired result of a driver who is hoping to “pull one over” on the IID.  Nor, necessarily, will it avail him/her to have a friend breathe into the device – often, the IID is programmed to test randomly, so a driver may be required to have his/her BAC measured more than once in a single trip.  Tampering with the device is also a dubious proposition. Finally, the specter of additional penalties for even attempting to do any of these things might deter a would-be cheater.  

A DUI lawyer should be your first call if you are pulled over for DUI. Your DUI lawyer has experience in this area of the law and can help you make careful and informed decisions as your case is processed.  If, in the end, you are ordered to install an IID, your DUI lawyer may suggest that such a penalty, though costly and irritating, might be a wise investment for a DUI-free future.

Christopher McCann is a Santa Ana DUI Attorney. McCann is a practicing lawyer at the law offices of Christopher J. McCann and generally writes on topics related to criminal defense and DUIs. McCann was voted as a “Rising Star Attorney” in 2010 by Southern California SuperLawyers Magazine.

1. Minor in Possession. Like the name suggests, anyone who is a minor (which means under the legal drinking age of 21) is subject to face legal action if caught with the possession of an alcoholic beverage—this includes not only  being caught consuming an alcoholic beverage, but also simply holding a bottle (empty or fully) or “appearing” to be intoxicated. Punishment varies within each state, but to give you a ball park figure, if a minor that has a blood alcohol content of .01 percent in New Jersey is charged with an MPI, he or she is  subject to face several consequences, including up to a $500 fine and possibly up to six months of jail time. In addition, most MPI offenders are required to enroll in an alcohol awareness program and/or be placed on probation. If you are caught in a motor vehicle, however, be prepared to face additional punishment, including having your driver’s license suspended for about 6 months. If you’re 17 years old or younger, your license suspension will be extended.  Category of Crime: Misdemeanor Offense. If someone is injured or killed, the crime is automatically pushed to a felony.

2. Contributing to the Delinquency of a Minor. Those who are of the legal drinking age and voluntarily serve a minor an alcoholic beverage— or even just simply gives them “easy access” to alcohol, meaning for example a 21 –year-old host makes it available at his or her party filled with 19-year-old guests— is committing a crime and is subject to being ticketed up to a $1,000 fine. Depending on whether anyone is injured or not, you may also face up to six months in jail. Category of Crime: Misdemeanor Offense

3. Public Intoxication. Lastly, no matter if you are of the legal drinking age, if it appears as though you may cause injury to yourself and/or the people around you while in a public area, you can be charged with “drunk and disorderly” conduct. While it varies depending on the severity of the case, this crime is punishable up to a $1,250 fine, 90 days in jail and mandated community service or enrollment in an alcohol awareness program. Often times however, those that don’t fight police officers or cause too much of a scene will just be escorted home and given a fair warning. Category of Crime: Misdemeanor Offense

By-line:

This guest post is contributed by Angelita Williams, who writes on the topics of online courses.  She welcomes your comments at her email Id: angelita.williams7 @gmail.com.

With all this pressure and intolerance, getting your first DUI can be terrifying. 

If you were lucky enough not to hurt anyone else, your mind will race with thoughts about the coming months — the trials, the sentence, how your friends and family will perceive you — and probably with regrets about the decisions you made in the hour prior to your arrest.

As bad as it may look initially, there are people who are willing to represent you to make sure that you aren’t unjustly tried and sentenced, and who can help you get back on your feet with as little collateral damage as possible: DUI lawyers.

All legal counsel, however, was not created equal.  To help ensure that you find the right lawyer for you when fighting your DUI citation or arrest, it is imperative that you do your research.  Here are a few important attributes to look for:

• ABA approved.  This means that the lawyer you are choosing to represent you has passed the Bar Exam and is a member of the American Bar Association (ABA) in your state.
• Clean record.  Often, you can access reviews or complaint files on attorneys; try to do this while searching for lawyers, and look for any relevant complaints or negative reviews the lawyer has received. Sometimes the complaints aren’t important, but sometimes they are, and you don’t want to leave that to chance.
• Clear payment plan.  Depending on your offence and the state you are in, DUI’s can be extremely expensive.  Add on to that exorbitant lawyer’s fees and even if you don’t go to prison, you will be imprisoned by debt.  Make sure that you understand and can afford your lawyer’s fees.  Some firms aren’t completely transparent, to be sure to ask directly about cost, and any other pertinent payment options.
• Follow-through.  Lastly, make sure your lawyer can handle your case from opening to close.  You don’t want to be half-way through the trial and find out that your attorney doesn’t have the full resources he needs to represent you.

DUI charges are extremely serious.  You may face jail time, even if it is only your first offense.  Given the stark nature of the charges, you want to make sure that you find a lawyer who can minimize the damage.

Byline:
This is a guest post from Jacelyn Thomas. Jacelyn writes about identity theft prevention for IdentityTheft.net. She can be reached at: jacelyn.thomas @ gmail.com.

1. Know what it is.  Many people mistakenly believe that a DUI and DWI are virtually the same, but there is an important distinction to be made.  A DUI (driving under the influence) is cited when a driver’s BAC (blood alcohol concentration) is at or below the legal limit.  A DWI (driving while intoxicated) is issued when a driver has exceeded the legal limit, making it a far more serious offense.  So if you thought you were just going to skate through your hearing, it’s time to get serious about defending yourself.  Keep in mind that some states view the offenses as equal, but usually that means harsher penalties for DUI offenders, rather than a lighter sentence for those that receive a DWI.
2. Be honest.  You messed up big time by thinking you could get away with drinking and driving, and while this may be the first time you got caught, it almost certainly isn’t your first time around the block.  You need to think about your behavior and the consequences that it will eventually have on your life (and potentially the lives of others).  Instead of going into court with an attitude of entitlement (which a judge will not appreciate), think about making an adjustment.  You clearly have a problem and you’re going to have to pay for it.  But if you can enter a courtroom with honest intentions of changing, you may avoid having the judge throw the book at you.
3. Enter treatment.  This isn’t required, but it’s a good idea if you want to get a lighter sentence.  Showing a judge that you understand you made a mistake and that you have begun to take steps to correct it is a good way to start off on the right foot.  Since it is pretty common for court-mandated treatment to be included in sentencing for these type of offenses anyway, it couldn’t hurt to jump the gun.
4. Hire a lawyer.  Fighting a DWI charge is pretty difficult.  Although you are innocent until proven guilty, even breathalyzers that haven’t been calibrated recently can’t be that far off.  So if you want to avoid losing your license and suffering probation or jail time, it behooves you to hire a lawyer that can file all your paperwork on time and help you plan a defense that gets you the lightest sentence possible.
5. Start planning early.  Your court date could be upon you before you know it (sometimes within days) so you need to begin your preparations immediately.  You have only yourself to blame if you wait until the eleventh hour to formulate your defense or hire legal representation.

Evan Fischer is a contributing writer for www.PowMac.com, the premier North Carolina DWI attorney.

Since it is difficult for investigators to determine whether a driving accident was related to excessive sleepiness, estimates on sleep-related driving fatalities are modest. The National Highway Traffic Safety Administration approximates that at least 100,000 people are involved in fatigue-related car accidents per year, killing about 1,550 people and injuring over 70,000. 

While driving under the influence of drugs or alcohol is still a very frequent occurrence, it is somewhat held in check by the extreme cultural stigma attached to it. On the other hand, in America at least, sleep deprivation is not stigmatized; it is basically encouraged. In a culture in which productivity at work and home is more socially valuable than an individual’s overall health, many Americans go about their daily routine while being chronically sleep-deprived.

Several National Sleep Foundations polls have demonstrated the extent to which driving while sleepy is a problem. In 2005, of the 1,000 people surveyed, 60% admitted to driving while drowsy in the past year, and as many as 37% admitted to actually falling asleep while driving. These statistics indicate that a large portion of the population regularly operates a vehicle under conditions of insufficient sleep.

Unlike driving under the influence, it is not a crime to drive while fatigued in most states. In fact, New Jersey is the only state in which driving while knowingly sleep deprived is legally prosecuted. Under Maggie’s Law, a law that was passed about eight years ago in response to a college student being killed by driver who hadn’t slept in over 30 hours, drowsy drivers can be charged with homicide. Although not a specific law in other states, driving while fatigued often falls under the category of reckless driving, another criminal offense.

In the final analysis, even if you are careful about avoiding a situation in which you are drinking and driving, DUIs are not the only driving risk you should be aware of. The best way to avoid driving while drowsy is to get adequate amounts of sleep daily. If you are driving long stretches at a time on a road trip, never drive alone. Do not operate vehicles if you are taking new medication that might make you drowsy. Most importantly, be honest with yourself if you are too sleepy to drive. Pull over and rest—the risk isn’t worth it.

Byline:

This is a guest post by Kimberly Wilson. Kimberly is from accredited online colleges, she writes on topics including career, education, student life, college life, home improvement, time management etc.

 Police officers are on careful watch around bar close time, as well as after a big sporting event, local festival, or other events that draw a lot of people. Why? Because this is one of the most common times to see drunk drivers on the road. 

Luckily, there are several things YOU can do to help avoid getting a DUI – or even pulled over in the first place. So listen up to this advice from an expert accident lawyer: 

• Eat a hearty meal – If you plan a night out with friends, indulge in a hearty meal with high-carbohydrate foods before heading out. This will help absorb the alcohol that you’ll consume later on.
• Drink a tall glass of water- Drink a large glass of water (about 32 ounces) before going out. While at a bar or party, make sure to alternate alcoholic drinks and water.
• Have a designated driver – Having a DD for you and your friends is one of the safest and smartest choices you can make. A good setup may be to trade off each weekend night. If you usually go out in a group of six friends, rotate so each person will drive once every six nights.
• Don’t play “least drunk” – If everyone in your group of friends has had the same amount of drinks, don’t sit around and try to determine who’s the least drunk, and therefor, should drive. If you’re the least bit concerned about someone’s ability to drive, call a taxi.
• Use public transportation – If you live in a bigger city, check into their public transportation options to take your group both to and from the bars.
• Give yourself a “buffer period” – If you do plan to drive home, stop drinking at least 90 minutes before leaving. During this time, you should also rehydrate your body with water. This will not only help you sober up but on the rare occasion you are picked up, it will improve your chances of passing a urine test.
• Don’t drive if you’re taking prescription medication – Even if you’ve only had 1-2 drinks, avoid driving completely if you’re on medication (both prescription or OTC). Some medications contain small amounts of alcohol, which will add to the drinks you’ve had. Others are known to interact with alcohol and make you feel impaired much faster than you would if you weren’t on medication.
• Drink lower alcohol drinks – If you plan to drive, consume drinks that are lower in alcohol like a light beer or mixed drinks with small shots of alcohol. Or, you could alternate regular beer with non-alcoholic beer.  

Consider the above tips next time you’re out having a few drinks with friends. But, do keep in mind that the safest option is always to call a taxi or have a designated driver after an evening of drinking.

First and foremost is the money you pay for bail. Assuming that the accident didn’t lead to any injuries or substantial property damage you can expect your bail to cost around $150. Add in the possibility that you might have to use a bonding company and you’re looking at a $2500 bill.

Next is the cost of saving your car from impoundment. The cost can again range anywhere between $100 to well over $1000. The main factor in this is the city that you live in. Some cities have seized upon the opportunity to hike impound expenses, meaning if you can’t afford to save your car within 30 days, they have the right to auction it off.

The rise of your insurance fees can be a particularly scary thing for you to see. You can expect major rate hikes for the next 3-8 years while waiting to go back to the status you’d been prior to your arrest. All those increased fees can mean an extra $4500 out of your pocket.

Some of your most expensive fees are going to be the ones you pay your lawyer. Your DUI lawyer might leave you with a $7,500 bill if your case proves to be a tricky one. First time offenders can expect to pay around $3000 for fighting their case instead of entering a guilty plea. How much does that cost? A comparatively miniscule $250.

You’re also going to be paying for Alcohol treatment and education classes which, depending on the scope, can cost up to $2000. If you hope for the best and get lucky, it’s possible you’ll get away with paying only $150.

Don’t forget to add in those fines we mentioned earlier and you’re looking at a pretty hefty bill. All in all, several states estimate that the cost of a DUI comes out to roughly $10,000, much more than you thought you’d be paying for a night out.

All of this doesn’t even factor the possibility that you could lose your job, causing a seemingly incalculable amount of financial damage. A DUI can threaten many professional licenses, jeopardizing all of the hard work it took to get to where you are. With so many sky high fees, it’s a wonder that drunk driving is as prevalent in society as it is. Just goes to show the huge financial risk people are willing to take, even in the current recession, each time they get behind the wheel impaired.

Christopher McCann is an Orange County DUI Lawyer. McCann is a practicing lawyer at the law offices of Christopher J. McCann and writes on topics related to criminal defense and DUIs. McCann was voted as a “Rising Star Attorney” in 2010 by Southern California SuperLawyers Magazine.

A DUI conviction can lead to losing a job, as well as inability to get certain jobs in the future. Additionally, DUI convictions can cost thousands of dollars in fines, lawyer’s fees, court costs, and more. Students convicted of DUIs may end up spending time in jail, meaning they may be dropped from college classes. Some colleges even have policies in place to expel students who’re convicted of crimes, including driving under the influence. This can lead to an additional financial burden, as students convicted of DUI will not only have spent money on an incomplete education, but may also have limited employment opportunities as a result.

For those students who have been convicted of DUI and are allowed to attend classes, the extra burden of having to take time away from their coursework to tend to legal matters can become a big problem. Having to miss class to go to court or meet with a lawyer are common occurrences for students facing DUI charges. While some professors may be willing to work out arrangements with these students, most will not, meaning students are on their own in terms of catching up with missed classwork.

Students convicted of DUI may also suffer health problems due to stress. Depression and anxiety are not uncommon to find in students convicted of any crime. Student with DUI charges hanging over their heads may be distracted from schoolwork and become overwhelmed as a result. In the worst case scenario, a student may drop out of college completely due to the stress a DUI can cause.

Regardless of who you are, a DUI can carry many unforeseen costs. Trying to get a job with a DUI can be a hassle, and in most cases a DUI will remain on your permanent criminal record forever. Many states also require drivers convicted of driving under the influence to pay for and attend alcohol education classes, and if you received a DUI in a state other than your home state, you may have to pay large fines to have paperwork processed by another agency.

The best way to avoid of all these problems is, of course, not to drink and drive. If you ever find yourself in a situation where you have had too much to drink and you are impaired, remember that getting behind the wheel can not only cost you your freedom, it can cost your life, and take other lives as well.

The penalties associated with a DUI vary from state to state, but it will start with an arrest on the scene and your car being impounded.  From there you will have to appear in court for a trial, although it will usually be brief since the officer will arrive to testify armed with evidence against you, including the reason he pulled you over (swerving or other moving violations) and the results of any tests (breathalyzer, walking the line, the eye test, etc.).  You will have a chance to plead your case, but if the evidence is stacked against you, you’ll likely be convicted.

The result will depend largely on the scope of your offense, the laws particular to your state, and the judge responsible for sentencing.  But you will almost certainly face a fine as well as probation and/or some sort of substance abuse education class.  In addition, you may have points taken from your license (or even have it temporarily suspended) and even face some jail time, especially in states that have a zero tolerance policy.  However, it’s not necessarily over at this point; you can still appeal the ruling.

If you decide to appeal, whether because you want to overturn the ruling or you are hoping to reduce the sentence, there are a couple of things you should know.  First of all, you are not going to go through a second trial.  The purpose of an appeal is to reexamine the first trial in order to determine if mistakes were made that led to an unfair ruling or sentencing.  The next thing you need to know is that there are a lot of ways you can mess up an appeal if you don’t know what you’re doing.  For this reason, you’d better be willing to hire an attorney if you decide to pursue this course of action.

You’ll need to secure the services of a lawyer who has a stellar track record of winning cases like yours because there’s a good bet he has the knowledge and experience required to win your appeal.  He’ll know what paperwork to file (and when) as well as every possible loophole to exploit; not to mention, he may be able to arrange for a stay of sentence until the issue is resolved.  But you need to hire him quickly since some states require you to file for appeal in as little as ten days following your conviction and sentencing.  If you really want to get the DUI off your record or at least lighten your sentence then you will almost certainly need the help of a qualified attorney to succeed.

Carol Montrose writes for New Jersey DUI Attorney, a New Jersey DWI defense law firm.