14 Dec

Drugs and driving

Are those that occur when consumed depression and functions of psychic

Biological. This does not mean that produce sadness or mental states of depression, but a delay or reduction of the impulses. Within this group would include drugs such as alcohol, opiates (morphine, codeine, heroin, methadone or pentazocine, among others), hypnotics and sedatives (barbiturates and non – barbiturates).

These drugs produce sedation, relaxation and sense of wellbeing. Regarding its impact for driving safety, it should be noted that at least affect attention, visual perception and the ability to identify stimuli-produce a slowdown in processing information and responses subject when operating a vehicle.

Stimulants or drugs.

These are substances whose effect is stimulation and produce a state of excitement or acceleration of psychic or biological functions. They act, therefore, on the Central Nervous System increasing activation, such as amphetamines and derivatives, cocaine, xanthine’s (tea, coffee) or, and designer drugs such as ecstasy.

The effects produced by eutrophication, alert and intensified cause hyperactivity in the individual a tendency to feel especially capable for driving. Other consequences of gravity are meant decreasing the feeling of fatigue, overconfidence and decreased ability to make decisions and assess the risks, which often leads to a very dangerous risk behaviors.

Hallucinogenic drugs.

Are those drugs can significantly alter perception, resulting in the subject different perceptual distortions, illusions and hallucinations of varying intensity? This group would include, among others, drugs such as cannabis and its derivatives (marijuana, hashish and hashish oil), hallucinogens (LSD., Psilocybin, mescaline and peyote), inhalants (solvents, glues, adhesives, certain sprays and aerosol, etc.), and certain types of drugs (antidepressants, corticosteroids, anticholinergic, beta blockers, etc.).

These drugs produce strong states of tempura-spatial disorientation with subjective feelings of well-being, relaxation and disturbance, cause a decrease in reaction to stimuli causing distractions of all kinds. Its negative consequences for driving lie in altered states of consciousness, perceptual disturbances, and difficulties in fixing the attention and a significant decrease in reflexes and motor coordination in general.

Implications of drug use on driving and road safety.

The effects that drugs in the driver, both physically and behavioral depend on a whole complex set of variables, among which can be highlighted: the quantity and quality of poison that has been ingested, age and General psychophysical state of the individual, possible simultaneous or cyclic mixtures with other products, the time of making the substance, the psychological state at the time of intake, route of ingestion and metabolizing process and the type of substance or drug that question.

07 Dec

DUI – Driving under the influence

A DUI arrest is traumatic. Most people arrested for DUI have never been exposed to the criminal justice system, nor handcuffed and taken to jail. If you have been arrested for DUI, we can meet with you to review the case and explain your options. Understanding the process and options you have can reduce stress and anxiety you may be feeling.

It is understood that there are two important parts in a DUI case: the first is the administrative process performed by the Maryland Department of Highway Safety and Motor Vehicles regarding the suspension of its driver’s license; the second is the fact that legal action by the prosecution.

The administrative process

After being arrested for a DUI, normally the agent takes away your Florida driver license and gives you a temporary permit with duration of 10 days to drive.

It must take action immediately. If you want to fight the license suspension only has 10 days from the date of arrest to request a hearing with the Department of Highways and Motor Vehicles.

The criminal case

The state prosecution in the county where he was arrested process your case in the county court or the judicial district. The attorney meets all police reports, videos and results of studies so you can determine how convincing the prosecution’s case is. Police may make mistakes which can result in reducing the charges against you, or in some cases, the dismissal of the case.

30 Nov

Drunk driving

Drunk driving by age: According to data from NHTSA, in 2013 the percentage of drivers in fatal crashes who were alcohol impaired was highest for 21 to 24 year old drivers, at 33 percent, followed by 25 to 34 year old drivers, at 29 percent, and 35 to 44 year old drivers, at 24 percent. The percentage of alcohol-impaired drivers in fatal crashes was 20 percent for 45 to 54 year olds, 17 percent of 16 to 20 year olds, 14 percent for 55 to 64 year olds, 8 percent for 65 to 74 year olds and 5 percent for drivers over the age of 74.

Drunk driving by vehicle type: NHTSA data for 2013 show that 27 percent of motorcycle drivers involved in fatal crashes were alcohol impaired, compared with 23 percent of passenger car drivers and 21 percent of light truck drivers. Only 2 percent of large-truck drivers involved in fatal crashes in 2013 were alcohol impaired.

Social host liability: The Massachusetts Supreme Court ruled in February 2012 that social hosts could be held liable for off-premise injury to people caused by the drunk driving of a guest only if the host served alcohol or made it available. People who host “bring your own” parties are free from liability, even if the guest is underage. The court rejected an attempt by the parents of an injured 16-year-old to sue a party’s 18-year old host. The younger person suffered injuries in a crash in a car driven by someone who brought his own alcohol to the party. At issue was the fact that the driver, not the party host, supplied the liquor. Although the lawsuit contended that the host should be found negligent for allowing the driver to drink at her home, the court said that earlier rulings showed that hosts can’t be responsible for their guests’ drinking if they don’t control the supply of alcohol. Massachusetts law and court cases have held social hosts liable if they supply alcohol.

Also in February 2012 the New Mexico Supreme Court said that circumstantial evidence of a driver’s intoxication was sufficient to support a jury finding that the driver was intoxicated, overruling a decision in a 2004 case. Evidence presented in the earlier trial showed that a driver who struck and killed a motorcyclist had a 0.09 percent blood alcohol content five hours after the crash. The owners of the gas station where the driver worked and consumed a number of beers bought at the gas station pleaded ignorance of the driver’s condition. The court ruled that the blood test results were enough to prove that the driver was intoxicated.

23 Nov

Drunk driving

Alcohol is a major factor in traffic accidents. Based on data from the U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA), there was an alcohol-impaired traffic fatality every 52 minutes in 2013.

Alcohol-impaired crashes are those that involve at least one driver or a motorcycle operator with a blood alcohol concentration (BAC) of 0.08 percent or above, the legal definition of drunk driving. According to NHTSA, 10,076 people died in alcohol-impaired crashes in 2013, down 2.5 percent from 10,336 in 2012. In 2013 alcohol-impaired crash fatalities accounted for 31 percent of all crash fatalities, the same proportion as in 2012.

The definition of drunk driving is consistent throughout the United States. All states and the District of Columbia define impairment as driving with a BAC (blood alcohol concentration) at or above 0.08 percent. In addition, they all have zero tolerance laws prohibiting drivers under the age of 21 from drinking and driving. Generally the BAC in these cases is 0.02 percent.

Anti-drunk-driving campaigns especially target drivers under the age of 21, repeat offenders and 21-to 34-year-olds, the age group that is responsible for more alcohol-related fatal crashes than any other. Young drivers are those least responsive to arguments against drunk driving, according to NHTSA.

To make sellers and servers of liquor more careful about to whom and how they serve drinks, 42 states and the District of Columbia have enacted laws or have case law holding commercial liquor servers legally liable for the damage, injuries and deaths a drunk driver causes. Thirty-nine states have enacted laws or have case law that permit social hosts who serve liquor to people who subsequently are involved in crashes to be held liable for any injury or death.

RECENT DEVELOPMENTS

Data from the National Highway Traffic Safety Administration (NHTSA) indicates that the 10,076 alcohol-impaired fatalities in 2013 accounted for about one out of three highway deaths on U.S. roads.

As part of its program to address drunk driving, NHTSA worked with the National Center for DWI Courts to help develop new alcohol ignition interlock guidelines, which were released in July 2013. Ignition interlock systems require drivers to blow into a breathalyzer-like device to ensure the individual is sober before allowing the vehicle to start. The new guidelines will help familiarize courts that adjudicate “driving while intoxicated” cases about ignition interlock systems.

In July 2012 President Obama signed the Moving Ahead for Progress in the 21st Century Act, or MAP 21, a bill to reauthorize federal highway funds and highway safety construction programs. Among other improvements for highway safety, the bill launched a new incentive grant program to reward states that adopt ignition interlock programs for all offenders, including first offenders. The Insurance Institute for Highway Safety (IIHS) said that people convicted of drunk driving for the first time are less likely to reoffend if they are compelled to install ignition interlocks. The IIHS cited a study conducted in Washington State that found that after the state included first offenders in its interlock law, the recidivism rate for these offenders fell by 12 percent. Researchers said that only about one-third of offenders went through with the interlock installation. If all of them had, the recidivism rate for first offenders would have fallen by nearly half.

In December 2012 the National Transportation Safety Board (NTSB) recommended that all first-offender alcohol-impaired drivers be required to have ignition interlocks installed on their personal vehicles. The NTSB issued the recommendation after finding in its study on wrong-way driving crashes that alcohol-impaired drivers are the leading cause of these collisions.

Drunk Driving by Gender: A NHTSA study showed an increasing trend among women driving under the influence of alcohol (DUI). NHTSA found that from 2007 to 2008 the number of impaired women drivers involved in fatal crashes increased in 10 states and remained flat in five states, despite an overall decline of 9 percent in all drunk driver crashes during the same period. The study confirms FBI statistics showing that arrests for women driving under the influence increased by nearly 30 percent over the 10-year period from 1998 to 2007. Over that same decade, DUI arrests for men decreased by 7.5 percent, although the total number of men arrested during the period outstripped women by about four to one.

Latest NHTSA data show the increase in the proportion of alcohol-impaired driving by women. In 2004, 12 percent of female drivers involved in fatal crashes (1,875 drivers) had a blood-alcohol concentration (BAC) of 0.08 percent or above, the legal definition of drunk driving. By 2013, 15 percent of female drivers involved in fatal crashes (1,657 drivers) were alcohol impaired. In comparison, 24 percent of male drivers involved in fatal crashed were alcohol impaired in 2004 and by 2013 that proportion fell slightly to 23 percent.

16 Nov

Drunk driving attorneys in Maryland

The drunk driving is one of the most common traffic violations in Maryland. It is common that people do not know the permitted legal amount of alcohol in the body, which arrests carried out by the Police Department on charges of DUI (when only influence of alcohol) and DWI (when you are affected or unable to they handled by Alcohol,) are numerous. Here we include those who drive under the influence of any drug since it is also Crime Transit.

Since you are stopped by the Traffic Police Officer, he is taking note of the fact and any criminal conduct that may be used against you in court. Tests and evidence is collected from arrest until the statement in the police station or the application of breath tests. In any arrest by a police officer, you have the right to be silent and not answer any question you asked by the police, especially when he is questioned took many alcoholic drinks. Also you have the right to call your lawyer at that moment. Avoid talk to the police agent because it can be used against everything you say.

Take you consider the following: The Police is collecting data; if handled carelessly, smell and speech, even their appearance will be used against you. It is urgent that you ask to speak to a lawyer as police know you will be arrested and taken to the police station, so you can save hours and unpleasant situations.

Defense driving drunk

Penalties for driving while berried Maryland, are varied depending on the circumstances of each particular case, being in the Judge free to decide whether further applies a corporal punishment of accused prison, according to the parameters determined in the criminal law in Maryland for DUI offenses, ranging according to the following:

  • First sentence: You can have a sentence until December 12 months in prison and the amount of $1,000 fine, with the driver’s license suspended.
  • Second sentence: The penalty can reach up to 2 two years in the imprisonment with an additional fine up to $2,000, with the respective revocation of driver’s license
  • Third judgment: the penalty is increased to 3 three years in prison, the fine can reach $3,000, with the revocation of the license driving.

In the latter case, if the offense occurs within five years after his last DUI, will include a higher penalty of imprisonment and forfeit any right to drive any vehicle by the Vehicle Administration Maryland (MVA for their acronym) was also given a date for their appearance before the Agency.

09 Nov

Drunk driving accident

Choose driving under the influence of alcohol endangers everyone on the road and is a sign of negligence regarding the safety of others. You drive a vehicle with an alcohol concentration in the blood above 0.08 is considered illegal, but even a small amount can affect a driver’s ability to drive safely. Only in 2012, the death toll on the 10,000 step in accidents involving drunk drivers, according to the NHTSA.

Examples of how alcohol increases the risk of accidents include:

  • Decreases reaction time, delaying the ability to quickly avoid potential hazards
  • Impaired ability to make wise decisions
  • It diminishes the sense of sight
  • Reduced reflexes
  • Memory and reasoning deteriorate

With drunk driving often leads to serious accidents and drunk drivers often contribute to extremely dangerous situations if handled speeding, driving in the opposite direction or are mounted on the lines of an interstate highway.

Establish and prove negligence by the driver responsible is an important element for successful compensation for victims.

And a driver who chooses to operate a vehicle while intoxicated is a clear sign of negligence. If an accident occurs as a result of this erroneous decision, the drunk driver must take responsibility for the resulting damage.

A collision with a drunk driver can easily cause serious injury or even death. In addition to the physical and emotional consequences associated with personal injury victims could end up responsible for costly medical bills. Medical treatment, medicines, specialized equipment, physical rehabilitation, and other necessary expenses can quickly add up, including many current and future costs. Although insurance companies can offer a seemingly satisfactory arrangement, it is important to note that any payment accepted fully compensate victims of all present and future costs resulting from accidents for driving while intoxicated.

02 Nov

Drunk driving (OUI DWI DUI)

If you are facing the consequences of an arrest for drunk driving Massachusetts, you certainly are aware of the high risks involved. In today’s fast paced world, loss of driver’s license is almost as damaging as a jail sentence.

Criminal penalties for OUI (DUI / DWI)

Operating under the influence may result in severe civil and criminal penalties, even for first OUI offense. People who are convicted of drunk driving may face the following sanctions:

First offense OUI: People facing first offense drunk driving charges may face penalties including fines ($ 500- $ 5,000), license suspension (up to one year) and jail time (up to two and a half years). However, first – time offenders may be eligible to receive reduced sentences to complete a program of alcohol education approved.

Second offense OUI: A conviction for second offense drunk driving can result in fines ($ 600- $ 10,000), suspension license (two years) and jail time (30 days up to two and a half years).

Third offense OUI (and subsequent offenses): Third or subsequent offense drunk driving will result in charges of felony drunk driving, which can lead penalties including fines ($ 1,000- $ 50,000), license suspension (eight years to permanent revocation) and jail time (150 days up to five years).

Beat OUI charges and avoid serious consequences

If the police had no probable cause to stop your car, we will challenge the illegal arrest. Our arguments have, in fact, resulted in layoffs case.

Other details of your case will be examined thoroughly. For example, does the Breathalyzer test he refuses – and if so, what does this mean in relation to a possible license suspension? If you took a Breathalyzer test, what are the odds of successfully challenge the results of the breath test? This is his first offense OUI / DUI / DWI? Is it a relapse? Are you under 21?

Arrested for drunk driving? Protect your rights.

We are able to control their treatment by the police and attorney knowledgeable in their best interest from the time of his arrest until the end of a trial. in addition, if your license has been suspended or revoked, we can explain what is necessary for the restoration.

26 Oct

Drunk driving

HGN- EYE TEST

The HGN test is more of the same, is equal to the balance tests. As in the tests of balance, most officers do not perform eye test correctly. Yet the State contends that can magically tell if intoxicated by moving a pen in front of you for a few seconds.

DWI IS A CRIME OF OPINION

Being intoxicated in Maryland is a crime of opinion. The officer has the view that you are intoxicated and you and the jury have every right to disagree. The standard for intoxication in Maryland is when an individual has lost the normal use of mental or physical faculties.

There is no reliable objective measure to define exactly what “normal use”. That is why we focus on the individual. What are your normal mental faculties? Do you get nervous when questioned by the police? Do you have good balance? How it behaves under stress?

You can fight against the opinion of the officer the truth about who you are and how often. Each person has different balancing skills. Each person will act differently or look different to the stress of a DWI investigation and before the arrest.

Remember, just because an officer told him that “failed” their tests on the road, this does NOT mean he was drunk or should plead guilty.

BREATHE TESTS

Never accept a breath test. These tests are conducted in government laboratories, government machines. The state will never allow counsel access a breath test machine. Defense attorneys are never allowed access to the computer of a test machine , or view programming code. The struggle to keep their secret state machine. If the State is afraid to tell the truth about this machine then why should people take the breath test? I trust in state machines breath on them to do.

If you have taken a breath test should know that there are many factors that influence the result of the breath test. These machines have an “acceptable” level of error. Did you know that this machine will give a higher result the person breathe harder? The state does not want to admit how this machine is defective. I’ll be happy to tell the jury the truth about this machine breath.

BLOOD TESTS

DWI program execution in Maryland has reached a lower level with respect to civil liberties. Activist’s court judges have created a new law that allows officials from biting and stealing his blood.

How do we fight against the results of the blood tests? Blood tests are done in one of two places; in the hospital or at a government laboratory. If he was taken to the hospital and took blood after an accident, the state can and will take your medical records for use against you.

There may be problems in hospital tests. We’ll discuss this in detail during your consultation. The short version is that hospitals do not withdraw blood for forensic purposes. They take blood to provide them with an overview in order to meet the person.

19 Oct

Drunk driving

Are you facing a charge of drunk driving, DWI or DUI? The worst two convictions for misdemeanors in Maryland are DWI (driving while intoxicated) and Domestic Violence. It has to do everything possible to fight for your DWI case and avoid a conviction at all costs, if possible.

What’s wrong with a DWI conviction? Apparently, every two years our legislators add new penalties and charges of DWI convictions. Currently a conviction primary offense DWI has the following sanctions:

  • Up to 180 days in county jail
  • Fine of up to $ 2,000
  • Automotive ignition interlock as a possible condition of probation
  • Mandatory classes “DWI is bad”
  • A sentence of life that can never be erased or canceled
  • A sentence of life that can be used against you forever
  • Thousands of dollars in “surcharges” to maintain their license. These last a year after his conviction
  • Thousands of “court costs” which actually have nothing to do with the court that found you

An experienced DWI defense is an investment for your future.

THE CLIENT

The first thing is to look at you. What do you remember the night of his arrest? How he felt? Let’s talk about your medical history what conditions would cause problems in the balancing test on the road?

The arresting officer has no idea who or how you are. The arresting officer does not care if you have a bad balance or has an old injury or other medical condition that affects your ability to perform the balancing test road. I care and I’ll use this information to help you fight for your case.

THE STOP

In general, the criminal justice system in Maryland is designed to end the defendants and provide only the minimum constitutional protection. However, a law still applies in your case is called the “exclusionary rule” This means that the police must have a legitimate reason to stop the car, stop, investigate DWI and or arrest him. Some cases have been dismissed because the officer had no valid reason to stop the driver.

SOBRIETY TESTS IN THE FIELD

Did the officer asked him to do a balancing test to see “if he was able to drive”? I believe that these tests are a farce. They are designed so that the suspects fail. Unfortunately, our courts of appeal in favor of the sentence allow these “tests” are evidence against him.

First, we need to see if the officer carried out the test correctly. In Maryland, any officer who attends the course of a few hours of sobriety in the field is allowed to carry out these tests with the public. Because the required very little training is not surprising that most officers cannot perform this test or qualify the right way.

That’s right, most of the time the official fails in its own sobriety test by not giving the correct instructions or use the correct qualification criteria. The state will argue that any official error should be ignored.

12 Oct

Drunk driving DWI

Certainty challenge breathalyzer test

As a result of all cases handled drunk, the prosecution must show that the concentration of alcohol in the blood of the accused at the time of the offense was at or above a regulatory limit. In many states, the limit is 0.10 pe rcent, but in others it is. 08 and there is a national movement of 0.08 to the limit in all states. To demonstrate the required level of alcohol in the blood of someone who stopped for driving while intoxicated, it is necessary to obtain a suitable blood sample arrested, urine, or hair at the time of arrest.

The use of a Breathalyzer test is by far the most popular scientific method to establish that driving while intoxicated has occurred. Some defendants have been able to challenge the results of such evidence in court successfully, thereby preventing a conviction. A lawyer experienced in defending cases for driving while intoxicated is in a strong position to advise a client if the test results of “Breathalyzer” may be susceptible.

Drunk driving and car insurance

After serving a sentence and pay a fine, a person convicted of driving while intoxicated is eager to return to life as it was before the indictment. In most parts of the US, live, go to normal school, work, and other activities involves driving, and driving requires automobile insurance. While the worst parts of the load may appear to be behind you, but you are then faced with another consequence: trying to get car insurance after a conviction for driving while intoxicated. An experienced attorney can explain the defense, and perhaps can help avoid the range of consequences of a conviction for driving while intoxicated.