Drunk Driving Auto Accidents

December 30th, 2009

An auto accident lawyer sees the damage done in a drunk driving accident almost as often as police officers do. Unfortunately, after a drunk driving accident, a significant personal injury settlement or a hefty award from an auto accident lawsuit will never take away the devastation left behind from a drunk driver.

Auto accident lawyers work with the victims of drunk driving accidents as well as the families and surviving members of fatal accidents. Sometimes even the emotional stress of having to go through an auto accident lawsuit after a drunk driving accident can take a significant toll on a family, and sometimes it represents a sense of closure for other victims.

Consulting with an auto accident lawyer after a drunk driving accident does not necessarily mean that you or your family is required to follow through by filing an auto accident lawsuit. While many victims are afraid of the toll an auto accident lawsuit may take on them, they may find relief in the fact that most cases end in a personal injury settlement.

This is usually due to the very obvious nature of the accident, and the very high level of public awareness of the dangers of drunk driving. Drunk driving education starts in high school, and from there on out, there isn’t a single driver who isn’t aware of how dangerous it is to crawl behind the wheel of a car when affected by alcohol.

Being aware of how affected one is doesn’t mean that there will be any additional control over the vehicle. Being aware of how affected one is means that the driver knows full well that they do not belong behind the wheel of a car.

An auto accident lawyer can meet with the victim, if able, and the family members and go over the victim’s and family members rights in the event of a drunk driving accident. Nobody should have to go through the aftermath of a drunk driving accident alone, and an auto accident lawyer can make helpful recommendations in receiving the quality care that a victim and their family may need.

There has been an increase in the publicity of drunk driving accidents involving a single car, numerous passengers, and only one or two survivors. These cases typically involve teenagers and young adults who are interested in partying, but these cases can be a little more difficult.

The argument has been made that the victims knew the driver was drunk and still got in the car with them. Some people have disagreed with the high jury awards and personal injury settlements that have come from these cases. An experienced auto accident lawyer can fully explain the rights of the victims in these cases, and also explain why the filing of an auto accident lawsuit is not inappropriate in these cases.

The victims are not responsible to know the condition or the blood alcohol level of the driver. These cases can become very terse and tense if the auto accident lawsuit goes to trial, as the defending lawyer will attempt to blame the victims. In these cases, having strong representation from a well qualified auto accident lawyer is imperative.

However, it should remain clear that just because the victims were in the car and made a choice and perhaps were even a bit drunk themselves, this does not absolve the driver from his or her responsibility and may very well still end up with a high jury award or a high personal injury settlement.

Drunk driving accidents account for a large percentage of deadly car accidents on the road today. With public awareness as it is, there really is no excuse for drunk driving accidents.

Many people have tried to lessen their responsibility for their own actions by filing an auto accident lawsuit against bar tenders and bar owners, even filing auto accident lawsuits against friends who should have stopped them from getting behind the wheel, sometimes even after an effort was made to stop the driver from leaving the bar or residence.

Drunk driving auto accident lawyers are seeing an influx of defense cases involving not auto accidents, but citations and the loss of licenses and even jail time for individuals who pull over and stop driving due to the level of affect the alcohol has had on them.

In these cases, the driver attempted to do the right thing and correct his error in judgment by pulling off the road to sleep while he or she sobered up. It seems a little incredulous to punish someone for correcting their irresponsibility before it caused bodily or property damage to someone else.

In light of these charges being valid, auto accident lawyers are finding that many people are trying to get all the way home, having considered stopping but knowing that the consequences are still quite harsh.

Don’t drink and drive.

Nick Johnson
articlesbase.com/law-articles/drunk-driving-auto-accidents-132984.html

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Who is the best dui Lawyer in Reno, Nevada?

December 14th, 2009

Who is the best dui lawyer in Reno, Nevada?
In my opinion, Larry Dunn is. He got my DUI down to reckless driving. I have met several of his other clients, and they sing his praises as well. If you can’t afford him, go to the dui attorney locator.

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Is it possible to get a first time DUI dismissed or dropped Colorado?

December 12th, 2009

Here are my circumstances before I ask my driving under the influence question:

1. I attended a fundraiser and had a few beers. They were the kind with lower alcohol that you get at grocery stores.

2. After the event I went to hang out with some folks I’d met at the event and had a few more beers(these ones were regular percentage).

3. I didn’t drink excessively and headed home after awhile. I’m estimating that if you include the fundraiser, I was out for 7-8 hours.

4. An officer pulled me over because my break lights were out. I handed him my license and registration.

5. He asks if I’ve had something to drink. It goes downhill from this point. I do well on the roadside tests but blow a .09(.08 is the limit). At this point I am confused because I know that I haven’t consumed over the legal limit and know that prior to the test the officer couldn’t have had very good reason to believe that my driving was impaired. I felt like I was being “pushed” towards DUI charges, if that makes any sense.

6. I opted for a blood test at a nearby hospital and was ticketed and placed in the custody of a friend rather than arrested.

7. My blood test results will come back in a few weeks to determine whether I was truly over the limit.

So my questions about this situation:

1. In situations such as this, what can an attorney realistically do for me? My friends have recommended good attorneys, but I’d like to survey more people to figure out what I can expect.

2. Has anyone else had success fighting this sort of thing?

3. Will the fact that I was ticketed rather than arrested weaken/affect my defense? It seems that nearly all methods of dismissing a DUI center around an actual arrest taking place.

AND PLEASE, NO LECTURING! I had misjudged how much I had to drink and think that individual factors I was not aware of lead to such a high reading. Almost every BAC calculator I’ve consulted says that I should have been below the legal limit.

If the blood test shows that you were NOT over the legal limit, then no problem. If the ticket was for a DUI, it will be dismissed. If the ticket was for the faulty brake-light, you’re still responsible.

If your blood test shows you WERE over the legal limit, then you will be prosecuted for DUI, which for a first-time offender might be a ticket or a fine, or could be a suspension of your license, but likely not jail time.

Blood alcohol levels are VERY individual. You really can’t trust a BAC calculator for that.

Now, you were out for 7-8 hours, but you don’t say the time frame from first drink to pull over. You had a few beers, and then a few more. As few denotes 3 or more, you had a minimum of six beers. Likely, you were over the limit.

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I just got a DUI, will that stop me from getting a gun?

December 12th, 2009

I’ve heard it it both ways-I just kind of want to know (and no, it hasn’t gone on my record yet):

Oh, and the first person to lecture me about the dangers of drinking and driving can choke on a safety pin!
The dui arrest was the first and last time I’ll ever do something that stupid, I blacked out and woke up in the hospital. The reason I told people to choke on a safety pin is because I’ve already gotten my lectures. It was dumb, and I will NEVER do anything so stupid ever again. I thank God no one was hurt and have been donating every spare penny I have to anti-drunk driving charities. Oh, I’m in CO.
Oh, and the reason I want a gun is because my house was broken into recently and the only thing I had at my disposal was my grandpa’s old service knife. I was scared and never want to feel that way again.

Many good answers..it depends.

A felony DUI kills your chance of ownership, if convicted – period.

Conditions following a non-felony DUI may prohibit ownership until all legal conditions are satisfied.

See the link.

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DWI Lawyer in Texas-Should I Just Plead Guilty to My Charge?

December 12th, 2009

You’ve been pulled over by the police on your way home from a dinner party and you are asked to take a dui test. What do you do?

You’ve been arrested for DWI and your license has been suspended. How do you get your license back?

You have to appear in front of the judge. Do you understand the intricacies of a drunk driving charge in Texas?

Regardless of your situation, you should place your trust in experienced and successful Texas drunk driving attorneys, a team of Houston DWI attorneys who are experienced in handling drunk driving charges. The firm has assisted numerous individuals, and is very experienced and well-schooled in the art of determining the best course of action for your Texas DWI issues.

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What is the difference between a DWI 2ND conviction in one year in the state of Missouri ?

December 11th, 2009

I was wondering on my husband’s behalf what the difference was between a dwi conviction and a dwi offense? He got a second dwi in one year and was told he was getting a one-year revocation of his license. I read on the computer something about a five-year license denial. What does this mean? He did not kill or assault anybody. He did have an accident to which his insurance took care of. He was told he was eligible to reinstate in one year, but he had to retake the drivers exam. Please clear this up for me. All Missouri Police and lawyers are welcome to answer this. Any websites are helpful. What is is the difference between a five-year license denial and a one-year revocation. No felony was put on his record. Serious answers only. I will vote on the best answer – ten points, thanks!

Your license can be revoked for one year for having been arrested for DWI (DWI offense). This is just for being arrested for DWI. In addition, if convicted, your license can be revoked for 5 years (revocation and denial, I believe, are the same thing).

Just a note – even though no one was killed while he was driving drunk, to the state, he COULD have. DWI fatal accidents are a HUGE problem in Missouri and even though nothing happened this time, it could. Also, the fact that he didn’t learn his lesson after the first time means that your husband is at a much higher risk for driving drunk again, and the more times he drives drunk, the more chances he has to seriously hurt someone. And, the state knows that just because he’s only been caught twice does not mean that he only drove drunk twice…. it’s usually like 10 or 20 times more than that. And a side note – if he gets another one at any time in the rest of his life, he’ll have his license revoked for 10 years and he can’t get it back even after 10 years unless he gets a court order

All of that being said, here is some information for you.

1st offense:

Conviction of a first DWI is a Class B misdemeanor.

JAIL: Up to a maximum of six (6) months imprisonment.
FINE: Up to $500.00. Court costs may also be between $10.00 and $100.00.
PROBATION: The general terms of probation are no drinking, do not break the law, go to SATOP, etc. Probation usually lasts 1 to 2 years. A conviction with probation is commonly referred to as a “Suspended Execution of Sentence” or SES.
SUSPENSION OF DRIVING PRIVILEGES: A criminal conviction of a first time DUI results in a 30-day suspension of driving privileges followed by a 60-day restriction to driving only to and from work, in the course of employment, or to alcohol treatment. There are no hardships or exemptions available. This suspension goes on the person’s driving record. The court may also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain. A conviction will result in 8 points being assessed against the driver’s license.

2nd offense:

Conviction of a second DWI within a five year period is a Class A misdemeanor.

JAIL: Up to a maximum of one year in jail.
FINE: Up to $1,000.00, plus court costs of between $10.00 and $100.00.
PROBATION: Only after a person has served a mandatory minimum of 48 hours of incarceration are they eligible for probation. The jail requirement may be waived in lieu of doing 10 hours of community service. The terms of probation are standard: no breaking the law, no drinking, no going to places where alcohol is served, attend SATOP, etc. Court ordered AA meetings, outpatient treatment, or inpatient treatment programs are also a possibility. Probation will often be for a one or two year period.
REVOCATION OF DRIVER’S LICENSE: A criminal conviction of a second time DWI within 5 years results in a five (5) year revocation of driving privileges. A hardship license may not be applied for until 2 of the 5 year revocation has been served. This suspension goes on the person’s driving record. Twelve points are assessed against the driver’s license regardless of how old the first DWI conviction was. The court must also require that a person be restricted to driving a motor vehicle which has an ignition interlock device while on probation. The device costs $50.00-100.00 to install and $50.00-$75.00 per month to maintain.

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Seattle DUI/DWI Defense Attorneys

December 11th, 2009

In Washington, you don’t have to take the breathalyzer test, but if you did, call Attorneys in Seattle. Experienced in DUI/DWI cases involving drugs and alcohol, this team of aggressive dui defense lawyers knows what it takes to defend you in court. From arrest to trial, their expertise ensures the protection of your rights. Don’t lose your license or your livelihood to inexperience. Call for your free consultation.
Visit us yellowpages.com/info-21975927/Bradley-Johnson-Attorneys-DUIDWI-Defense?from=youtb

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Fort Lauderdale DUI Lawyer on Checkpoint Stops

December 11th, 2009

garvinlegal.com – Florida Trial Lawyer handles Criminal Defense and Personal Injury cases. In this very first of many videos he discusses a roadblock dui stop and the law that applies to the stop. He can be contacted at GarvinLegal.com

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Columbia Criminal Defense Lawyer DUI Attorney South Carolina

December 10th, 2009

davidtarrlaw.com in Columbia, South Carolina is a drunk driving attorney. Don’t try to go it alone or plead to something when you’re not sure of the repercussions.

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Miami DUI Defense Lawyer – Attorney Jonathan Blecher DUILawDefense.com – Drunk Driving Defense – #12

December 7th, 2009

Please visit my website at: http://www.DuiLawDefense.com
Jonathan Blecher, Miami DUI Lawyer
Florida has some of the toughest DUI Laws in the United States.
If you have been charged with Florida DUI or any state or federal criminal offense in Florida, the decision about who you hire to represent you is critical.

You will be putting your freedom and your future into the hands of a lawyer whom you may not know anything about. The law firm you choose for your case is probably the most important decision in your life right now.

If you are looking for an experienced and professional Miami DUI Lawyer, Florida DUI and Criminal Defense Lawyer consider Jonathan Blecher, Criminal Defense Attorney.

Jonathan Blecher is a Miami DUI Lawyer, Florida DUI and Criminal Defense Lawyer based in Miami, Florida. He has defended over 2,500 DUI and suspended license cases since 1982. He knows Florida DUI laws from serving as an Assistant State Attorney, his service on the Florida Bar committee which writes DUI and traffic court rules, and over 25 years of Criminal Law experience.Allow Jonathan Blecher the opportunity to demonstrate to you how his experience as a Miami DUI Lawyer, Florida DUI and Criminal Defense Lawyer can help you. We offer a no charge, no obligation consultation.

Time is of the Essence! Current Florida DUI Laws provide for an immediate suspension of your license upon arrest, in most cases. You only have 10 days to file an appeal of this suspension so you must act quickly.

What are the Florida DUI Laws? Florida DUI Laws are some ot the toughest DUI laws in the country. If you are convicted of a Florida DUI you face a criminal record, loss of driving privileges, probation, heavy fines, alcohol abuse counseling and a possible jail sentence. If you have questions about Florida DUI Laws, Jonathan Blecher is exceptionally qualified to answer them.

Member of BNI.

by http://www.cpccci.com

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