People who try to drink responsibility are probably aware of the amount they can drink that would still keep them under the legal limit of .08. They are still able to enjoy a few drinks, and able to drive safely without worrying about getting DUI charges. If states listen to the National Transportation Safety Board, the legal blood alcohol limit would be lowered to .05. This would mean that a woman of average size could only have one drink, while an average man could only have two before driving is unlawful.
]]> Officials with the Governors Highway Safety Association predict that states will strongly resist this suggestion. Lowering the limit to .08 had been very difficult with most states, which prefer to focus instead of repeat offenders and those with high blood alcohol content.The board had also made almost 20 other recommendations to reduce drunk driving, including a law to enforce a more widespread use of alcohol ignition interlock devices even for suspected drunk drivers who have not yet been convicted of a crime.
Although it’s important to have drunk driving laws, some lawmakers may see these proposals as unnecessarily harsh and discriminatory toward people who attempt to stay within the law.
Source: Source: Fox News, “One drink DUI? Feds want lower threshold for drunk driving,” May 14, 2013
]]>After failing the field sobriety tests, the man was arrested, and his blood alcohol came out at .18 percent. A judge is likely to take these charges seriously, as well as the fact that the man came close to hitting a police patrol car. For these reasons, the man might want to consider speaking with a drunk driving defense attorney, to be sure he’s treated fairly in court.
Source: Hellertown-Lower Saucon Patch, “Drunken Driver Nearly Hit Patrol Car Head-On: Police,” May 8, 2013
]]>A man who has been charged with causing the death of a truck driver last week by allegedly driving drunk will most likely need strong representation, since his charges are serious. A truck driver called police to report a suspected drunk driver erratically driving a station wagon on Interstate 94 in Indiana. When the station wagon stopped in the middle of the highway and the driver got out and started walking around, the truck driver stopped to tell him to get back inside his vehicle where it was safe.
]]> Just after the truck driver returned to his cab, a second semi, owned by a New Jersey transporting company, attempted to avoid the vehicles in the road but slammed into the back of the station wagon. The alleged drunk driver was not injured, but the first truck driver was taken to the hospital with minor injuries. The second truck driver had to be extricated from the cab and died as a result of his injuries.The station wagon driver was charged with felony operating while intoxicated causing death, and misdemeanor endangering. While it’s unfortunate that his actions allegedly caused the death of another, he is still entitled to be treated fairly in court.
Source: Herald Argus, “Man charged in fatal crash,” April 26, 2013
]]>An attorney who represents defendants in drunk driving cases has stated several reasons he believes field sobriety tests, and even breathalyzer tests, can be flawed. The attorney says he has doubts about the accuracy of such tests, as well as the legal system’s ability to treat everyone accused of drunk driving fairly. Many people are innocent, yet plead guilty because they’ve been falsely proven guilty by sobriety tests.
]]> People who have been stopped on suspicion of drunk driving aren’t legally obligated to perform a field sobriety test, although many will consent, either feeling intimidated by the officer or in an attempt to prove themselves innocent. Another defense attorney says he believes field sobriety tests are “designed to fail.” Someone with chronic balance problems, for example, could fail the one-leg stand test simply because his or her balance is off.Even the breathalyzer test isn’t foolproof. Some factors, such as medications, caffeine, acid reflux, and foods recently eaten can affect the results of a breath test. One woman was arrested for DUI despite having told police officers she was on medication for brain cancer, which affected her test.
For these reasons, it’s important to seek the help of a defense attorney to challenge the charges brought about by inaccurate field sobriety tests or breath tests.
Source: The Breeze, “DUIs a major problem, sobriety tests come up short,” Jeff Wade, April 18, 2013
]]>Following a ruling by Missouri's Supreme Court, the U.S. Supreme Court says that in most cases, law enforcement should be able to obtain a warrant to order a blood test for suspected DWI offenses. In situations when an officer thinks there won't be enough time to get the warrant, or a response isn't received before alcohol starts to dissipate in the blood, then officers are allowed at their discretion to order a warrantless blood test.
]]> The Missouri case that spurred the court's decision was about a man who was pulled over with slurred speech, who failed a field sobriety test before refusing to take a breath test. After his arrest, the officer ordered a nurse to perform a blood test without a warrant, not knowing that the laws which had just changed in his state required a warrant. The Missouri Supreme Court said the results from the man's blood test couldn't be used.One U.S. Supreme Court judge summed up the court's nearly unanimous decision by saying the Constitution, specifically the 4th Amendment, protects certain privacy interests, and a forcible bodily intrusion violates citizens' privacy.
If a person facing DWI charges feels he or she was unreasonably compelled to take a blood test, a defense attorney may help to protect his or her rights.
Source: The Washington Post, "Supreme Court limits warrantless tests for drunken driving suspects," Robert Barnes, April 17, 2013
]]>A Hamilton Township man was parked near a Target store and had fallen asleep behind the wheel, when police arrived and knocked on his car's window for several minutes until he woke up. His car was running with the headlights on. The officer noticed the man had slurred speech and a strong smell of alcohol on his breath. After taking a field sobriety test, the man was arrested and charged with DWI and careless driving.
]]> It's safe to assume the police thought the man had been driving in his car while he was drunk. However, there are other reasons the man may have been asleep in his car. He may not be able to dispute the fact that he was intoxicated, but perhaps he'd changed his mind about driving and had decided to sleep it off until he could safely make his way home. If anything, he may wish to dispute the careless driving charges, since he hadn't been driving at the time of the arrest.A defense attorney would be able to help the man dispute any charges that he felt were unfair or inaccurate. The law still states that people are innocent until proven guilty. In this case, the officers may need to prove that the man actually committed a crime.
Source: NJ.com, "Driver found sleeping in his car at Target is charged with DWI," Anthony G. Attrino, April 13, 2013
]]>A 35-year-old woman from Long Valley may not have known that refusing to submit to a breath test would result in extra charges. She was pulled over by police after driving her car in the middle of an intersection and causing a traffic delay, then arrested after performing a field sobriety test. Her husband and four children were passengers in the car at the time of her arrest.
]]> At the police station, the woman wouldn't submit to taking a breath test. She was charged with driving while intoxicated, driving while intoxicated with a minor passenger, reckless driving, delaying traffic, and refusal to submit to a breath test.Multiple charges resulting from a DWI can result in serious consequences. People who have been charged with a breath test refusal may not have realized the potential consequences of refusing the test. They may benefit from consulting with a drunk driving defense attorney to help them understand what they could be facing. In addition, having legal representation can make sure they're fairly represented in court, and help them understand the steps they need to take to avoid getting similar charges in the future.
Source: New Jersey Herald, "Mother arrested on DWI with kids in car," April 1, 2013
]]>The mayor of East Greenwich township was arrested for drunk driving charges after being pulled over last July for allegedly driving 91 mph in a 45 mph zone. The police officer says he smelled alcohol on the mayor's breath, and tests revealed his blood alcohol content to be .11, just over New Jersey's legal limit of .08. He has been charged with DWI, speeding, and careless driving.
]]> The mayor apologized for the incident that could possibly cast East Greenwich in a negative light; however, he is pleading not guilty to his DWI charges. In an appearance to set the trial date, attorneys for the case were involved in discussions for almost an hour before requesting a postponement of the trial, due to "discovery issues."The potential consequences for a DWI first offense include a license suspension for up to a year, a fine of up to $400, and additional surcharges of $1,000 for three more years. It may be beneficial to have a defense attorney, to ensure that someone with a first offense is treated fairly in court without receiving undue charges. Also, anyone who is pleading not guilty will need an attorney to present his or her case and any possible evidence that the charges were in any way unwarranted or inaccurate.
Source: NJ.com, "East Greenwich Mayor Fred Grant pleads not guilty of DWI, trial postponed," Rebecca Forand, Mar. 20, 2013
]]>An 18-year-old man faces DWI charges after being in a car crash that resulted in his older brother being injured. Police say he ran a stop sign in Sparta and hit another car going through the intersection. His 24-year-old brother, in the passenger seat, received a gash to the head and was treated and released at a hospital. The teen driver was arrested and taken to the police station for a breath test.
]]> The teen was charged with driving while intoxicated, underage driving while intoxicated, failure to stop and yield, violation of a provisional driver's license, and failure to inspect a vehicle. Police have said he may receive additional charges once the investigation is complete.While at the police station, the teen refused medical treatment more than once and insisted he was just shaken up. It may be argued that the young man has learned his lesson, since his brother was injured in the accident. Since he faces further charges, a defense attorney would be able to advise him on their consequences, and make every effort that he is treated fairly in court.
Source: NJ.com, "Drunken 18-year-old crashes head-on; brother hurt, Sparta cops say," Brendan Kuty, Mar. 17, 2013
]]>A man from Bayonne might be facing this same situation soon. Law enforcement has accused him of drunk driving and causing three accidents as a result of his impairment. In addition to his drunk driving charges, he received other charges, including failure to report a motor vehicle accident, leaving the scene of an accident, failure to observe a red light, and having an open container in a vehicle.
]]> The man's string of accidents began when he rear-ended another vehicle and stopped to exchange his information with the driver. He then hit another vehicle stopped at a red light a block away, but continued without stopping. While attempting to make a left turn north onto Route 440, he allegedly ran a red light and a southbound car clipped him, then spun and struck a car in the northbound lane. There were minimal injuries reported from the other drivers, but the Bayonne man was hospitalized in stable condition as a result of injuries he sustained in the third accident.Because of the amount of accidents the man was involved in during a brief time, as well as his DWI offenses, he may be facing severe potential consequences. A personal injury attorney can help him prepare for his court appointment and can counsel him on the best courses of action he can take next.
Source: NJ.com, "Bayonne cops say drunk driver caused three accidents in 30 minutes," Anthony J. Machcinski, Mar. 7, 2013
]]>A man from Phillipsburg has received drunk driving charges for a boating accident that resulted in the death of one of his passengers. He has been accused of boating while intoxicated after driving a jet boat into boulders in the Delaware River last June. The collision resulted in him and two passengers being thrown from the boat into the water. One of the passengers, a 57-year-old woman, wasn't found for five days, and had died of blunt force trauma.
]]> The boat driver was at first charged with second-degree vehicular homicide and other boat-related offenses. He can receive up to ten years in prison for the vehicular homicide charge. During the trial, a Warren County grand jury decided to add the additional charge of first-degree manslaughter, which could result in another twenty years imprisonment.The additional manslaughter charge carries the possibility of a much longer prison sentence. Anyone charged with a crime during a trial, after the initial charges have already been filed, should consult with an experienced defense attorney about the potential consequences he or she faces with additional charges. Since anyone accused of a crime is to be presumed innocent until guilty, a defense attorney is there to defend him or her against undeserved charges.
Source: LehighValleyLive.com, "Delaware River boater indicted on new manslaughter charge in Lane Alden's death," Kathryn Brenzel, Feb. 21, 2013
]]>A Burlington City woman who is being charged for the death of her boyfriend in a November crash has several accusations against her, including the possession of marijuana in the vehicle at the time of the crash. Among her charges are a third-degree criminal offense of causing death while driving with a suspended license, and with possession of marijuana. She now faces three to five years in prison.
]]> The woman's license had been suspended 24 times stemming from a speeding violation in 2006, for a variety of administrative offenses and failing to appear in court for the violation. Police have not said how much marijuana she is accused of having in the car, or whether she was driving under the influence at the time of the accident.Multiple charges such as these, particularly those that span several years, can complicate a case and affect the outcome of a trial. Certain factors, such as allegations of a controlled substance in the vehicle and whether or not the defendant will receive additional charges, will also require the advice of a skilled defense attorney so the defendant has the best chance possible of receiving fair treatment in court.
Source: PhillyBurbs.com, "Burlington City woman faces criminal charges in fatal crash," David Levinsky, Mar. 2, 2013
]]>Amy Locane-Bovenizer, a former "Melrose Place" actress, drove her SUV while drunk in 2010 and hit another car as the owners were pulling into their driveway, killing a woman inside the smaller car. The woman's husband and son, both from Montgomery County, were visibly upset and left the courtroom just after the verdict was read. The actress had a blood alcohol content of almost three times the legal limit and she faced up to 10 years in prison when she was convicted in November of vehicular homicide.
]]> Given that people lost a beloved family member, the judge's decision couldn't have been easy to make. He took the hardship of Locane-Bovenizer's two children into account when deciding on her sentence, as one of the children has a medical and mental disability.The potential consequences of driving while drunk are severe, and if someone is hurt or killed the chances are high the defendant will receive a lengthy jail sentence. However, the reason for a trial is so a judge and jury can take all individual circumstances into account, which may have an effect on the final charges or conviction.
Source: The Oakland Press, "'Melrose' actress gets 3 years in prison for deadly crash," Feb. 14, 2013
]]>The equipment, a license plate reader mounted inside a police cruiser, works by scanning photos of license plates as they show up in front of the cruiser. Information on the plates is displayed on a mobile screen and shows the officer if any drivers have suspended licenses. In a demonstration, the scanner processed data on more than 180 plates in under an hour before one plate showed up with a suspended license.
]]> Officers say this piece of equipment can help them keep drivers off the road who shouldn't be driving as well as generate over $40,000 for the township this year. But the American Civil Liberties Union is skeptical about the scanner, saying it has the potential to invade drivers' privacy. An ACLU spokesman says using the scanner is akin to searching someone's property without a warrant.The scanner logs each plate with the date and vehicle location with the possibility of storing the information in a police database for up to five years. It's understandable why some people would object to the use of this equipment -- although, as an officer points out, it could potentially be useful in confirming someone's alibi.
Anyone arrested for a driving violation has the right to a fair trial, but a solution to avoid further penalties for driving illegally would be to simply not drive with a revoked or suspended license.
Source: South Jersey Times, "Gloucester County license plate readers help nab suspended drivers," Carly Q. Romalino, Jan. 31, 2013
]]>When Clinton Township police pulled over a man on Route 31 for not staying in his lane, they found that he had a license that didn't match the name he gave the officer. Information from the patrol car's computer revealed the driver's real identity and that he was driving on a suspended license for previous DWI charges. The officer also remembered arresting the Branchburg Township man a few years back for a warrant.
]]> In addition to the new charge of driving with a suspended license, the man was arrested on charges of exhibiting the driver's license of another, hindering apprehension, possession of heroin, possession of hypodermic syringes, and other violations.With the new charges against him while he had no legal right to drive, there's a good chance the man faces permanent license revocation as well as jail time or fines. Multiple penalties for DWI conviction and other driving offenses are severe. Those who are impaired will want to think carefully before driving or risk losing the right to drive. People who have had their licenses suspended or revoked would be better off consulting with a DWI defense attorney about their options.
Source: Hunterdon County Democrat, "Clinton Twp. Police charge man with using another man's license," Feb. 2, 2013
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