May 18, 2007

Smooth Start To California’s DUI Reduction Story

California, known more perhaps for its number of freeways and the cars on them, is also getting a lot of credit for its recent work in limiting drunken driving.

According to an article in The Sacramento Bee , which reported on the results of a newly completed study by the U.S. Department of Transportation, federal investigators find California pulling well ahead of other states like Florida, Missouri, South Carolina and Texas in terms of reducing DUI numbers on its roads. The Congress-mandated study, the first of its kind, compared the effectiveness of different states in fighting drunken driving.

California scored well in channeling its considerable resources into innovative DUI reduction programs that include targeting areas with increased impaired driving activity, the use of special drunken-driving task forces and additional online innovations.
The success of its programs has Chris Cochran, a spokesman for the California Office of Traffic Safety commenting, “Other states do come to us, to see how we do things. We all trade ideas back and forth.”

The number of drunk driving related fatalities in 2005 was 16,885 people, nationally. The fatality figures, taking into account the number of drivers and highway miles, were 0.52 deaths in California for every 100 million vehicle miles traveled, 0.73 deaths in Florida, 0.75 deaths in Missouri and 0.94 deaths in South Carolina.

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May 17, 2007

A DUI Could Break Your Wallet, If Not Ruin Your Life

Often, we talk about lives lost and the emotional devastation that all parties suffer as a result of a drunk driving arrest. What most people don’t realize is the tremendous financial impact they will have to endure if convicted of operating a motor vehicle under the influence. According to an article posted on InsWeb, an insurance association Web site, drunk drivers must be prepared to cough up about $10,828 in total costs.

The first noticeable difference after a DUI conviction is skyrocketing insurance rates, the article states. Expect your car insurance rates to range between $3,600 and $6,600 a year.
Depending on how long a DUI remains on your state’s driving record, these rates are known to continue for up to seven years. Any additional incidents or tickets could make them shoot up even more, almost triple those rates.

Depending on the state you live in, additional costs range from:

Towing: $300 - $1,200
Bail: $250 - $2,500
Fines and Court Fees: $500 - $2,500
Attorney Fees (average): $2,500
Mandatory Education and Treatment: $350 - $2,000
Electronic Home Monitoring: $150 - $2,250
Ignition Lock: $730 - $2,800

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May 15, 2007

More and More States Urging Interlock Devices for DUI Offenders

State lawmakers in Arizona are trying to make sure people who drive drunk won’t do it again for at least a year. This would be accomplished by requiring those convicted of driving under the influence to install an ignition interlock on any vehicle they drive and keep it in place for a year, according to a news report in the East Valley Tribune.

The interlock device basically prevents the car from starting if a breath sample from the motorist shows traces of alcohol — even if the person is not legally intoxicated. Arizona lawmakers attached the provision to a measure already approved by the State Senate that requires the “drunkest of drunken drivers to spend at least 45 days behind bars,” the newspaper reported. That includes those whose blood alcohol content is at least 0.20 — more than twice the legal driving limit of 0.08. That’s 35 days longer than current law. A second offense within seven years would mean six months in jail.

According to the National Conference of State Legislatures (www.nscl.org), New Mexico has such a law, with Nevada and Nebraska requiring an interlock device as a condition of a motorist being placed on probation. Lawmakers in Connecticut are considering forcing “serial drunk drivers” to have the interlock devices, according to a news report in the New Haven Register. Currently 21 states mandate these devices for DUI offenders, but mostly for repeat offenders.

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May 12, 2007

Lunesta and Ambien - Result in DUI Charges

A couple of weeks ago, drug company Sepracor announced that its earnings have fallen this year. While their press release didn’t say why, one reason is easy to guess: A major product for Sepracor, the sleep aid Lunesta, has generated a storm of negative publicity recently. Like Ambien, which I wrote about here recently, Lunesta is often reported to cause people to do strange things in their sleep that they don’t remember on waking -- including driving while asleep. Like Ambien, Lunesta is implicated in an increasingly large number of DUIs. And studies show that Lunesta is longer-acting than Ambien, meaning it takes longer to clear your system. This opens early risers to the possibility of being cited for driving to work while technically intoxicated -- from something they took more than eight hours before.

Interestingly, according to this article in the New York Times, a 1998 study published in a British medical journal called The Lancet makes a direct connection between car accidents and zopiclone, the chemical parent of Lunesta (whose generic name is eszopiclone). If this is also true of eszopiclone and other variants on the drug, Sepracor and other companies that market these sleep drugs owe us some very severe warnings on the label!

Legally speaking, you have a good chance of defending yourself from a DUI caused by Lunesta. Just like Ambien, Lunesta causes people to do things they don’t remember in their sleep -- which means that those who drive under the influence of Lunesta are not voluntarily choosing to drive. Under the law, you must intend to drive in order to be charged with a DUI. However, past cases suggest that not following safety instructions could hurt your case. For example, labels advise against combining Lunesta and many other sleep aids with alcohol, precisely because you’ll be significantly more impaired afterward. That means if you voluntarily chose to combine them, you may not be able to dismiss your case. And because sleep aid makers also instruct you to make sure to leave enough time to get a full night’s sleep, you may still be on the hook for early-morning driving under the influence of Lunesta -- depending on how long it’s been since you took it. As always, a skilled DUI defense attorney can help you break down the particulars of your case and fight a DUI you truly didn’t deserve.

May 11, 2007

The Importance of Alcohol Education Classes

Are you sick of Paris Hilton’s DUI yet? I’m sure she is. A small but significant part of her problems was her failure to sign up for alcohol education classes, which are required after a conviction for every type of DUI in California. Not signing up will almost certainly make you look bad to a judge, but more importantly, it opens you up to all kinds of consequences that you’d probably rather avoid -- including jail.

There are actually three types of alcohol classes in California, which are unhelpfully called by the names of the state laws that created them. The kind Hilton got are called SB 1176 classes, and they’re for people who weren’t technically convicted of driving under the influence -- Hilton got her charge reduced to reckless alcohol-related driving (also called “wet reckless”). You can generally plead to this in cases like hers where you have no prior convictions, nobody was hurt and your BAC wasn’t outrageously high. It’s not a DUI conviction, but it counts as a prior DUI conviction if you’re ever stopped for a DUI again. Because Hilton got probation, she also had to sign up for the SB 1176 classes within 22 days. SB 1176 classes take 12 hours to complete and they’re usually broken up over several days. You have to pay for them yourself, at a cost of $200 to $300.

If a first-time offender isn’t able to plead to recklessness and gets a first DUI conviction instead, he or she will be sentenced to AB 541 classes (among other things). The judge has discretion as to whether you get three, six or nine months. Again, you’re required to pay for it yourself, at a cost of around $400 to around $1000, depending on the program and how long you have to be in it. Private providers approved by the state run the classes, so how they break down depends on where you are, but you can expect alcohol education as well as group and individual counseling.

People who have been convicted of more than one DUI within seven years get SB 38 classes, which take one to two and a half years to complete, and cost at least a thousand dollars. Even if a judge doesn’t sentence you to SB 38 classes, you will still have to complete them to reinstate your license (a license suspension of two to five years is mandatory for a multiple DUI offender). Again, you get group counseling, individual counseling and alcohol education; you might be strongly encouraged to attend 12-step program meetings as well.

These classes are not fun -- or for that matter, cheap. In fact, if you look at all the costs of a DUI -- fines, court costs, car insurance rate hikes, finding alternate transportation if your license is suspended, and possible loss of your job -- they’re actually more expensive in many cases than the cost of hiring a lawyer. A good DUI lawyer isn’t cheap either, but he or she can get the charge reduced or dismissed altogether, and significantly decrease some of the penalties associated with a DUI, including non-financial penalties like losing your license. To talk to us about how we can help defend your DUI charge in Los Angeles, Orange County and the Inland Empire, give us a call or click here to fill out a case evaluation form online.

May 10, 2007

Paris Hilton sentenced for DUI

The news has been buzzing all weekend about Paris Hilton, who received a 45-day jail sentence Friday for charges that originally stemmed from an arrest for driving under the influence. Hilton pleaded no contest to a DUI charge in January, had her license taken away and was put on probation. This could have been the end of the story; unlike many Californians charged with driving under the influence, Hilton can afford a driver. But she was pulled over later that month and given a written warning, and again in February, when she was cited for driving on a suspended license and violating her probation. Her failure to sign up for alcohol education classes after that incident was what landed her in court.

Hilton’s defense was a fairly common one: She claimed she didn’t know her license was suspended. In fact, news reports suggest that a staffer told her she was cleared to drive after 30 days. “I have people who do that for me,” she said. “I just sign what people tell me to sign.”

Hilton is catching a lot of flack in the celebrity press for this statement, but in fact, not knowing your license is suspended can actually be a defense. The key is showing that you didn’t know it. Since notification comes by mail -- which can be unreliable and easy to lose -- jurors are often sympathetic to defendants who testify that their paperwork just got lost in the shuffle of daily life. Prosecutors must prove beyond a reasonable doubt that you did receive and understand it, a difficult burden to meet. Unfortunately for Hilton, this was not a defense in her case because she had a written warning from January and was carrying paperwork related to her DUI in the back of her car when she was pulled over.

Incidentally, although Hilton’s celebrity may have contributed to the harshness of her sentence, 45 days in jail isn’t that unusual for a defendant with a prior DUI and several warnings.

Nonetheless, she may have been able to avoid jail time if she had fought the DUI in the first place -- and she may have been able to mount a good defense, as her BAC was just around the legal limit. After the no-contest plea, she could have reduced her sentence by signing up for the alcohol classes, or taken other steps to show the judge that she was assuming responsibility for her infractions.

May 9, 2007

Probation Violation Gets Paris Hilton Jail Time

Paris Hilton will serve 45 days in county jail for violating her probation arising from an alcohol-related reckless driving case in September 2006.

A Los Angeles Superior Court judge ruled Friday that Hilton must go to jail on June 5 and will not be allowed any work release, furloughs, and use of an alternative jail or electronic monitoring in lieu of jail, according to an article posted on MSNBC’s Web site.

The article said Hilton apologized to the judge during the hearing, but that apparently did not convince the judge. She was then ordered to report to a women’s jail in suburban Lynwood on the set date or face 90 days behind bars. The judge’s ruling excluded her from paying to serve time in a jail of her choice, as some are allowed.

Hilton, 26, pleaded no contest in January to reckless driving stemming from a Sept. 7, 2006 arrest in Hollywood. Police said she appeared intoxicated and failed a field sobriety test. She had a blood-alcohol level of .08 percent, the level at which an adult driver is in violation of the law. She was sentenced to 36 months probation, alcohol education and $1,500 in fines. Prosecutor say two other traffic stops and failure to enroll in a mandated alcohol education program, are what brought Hilton back to court.

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May 8, 2007

Sleep Driving: Ambien's Dark Side

Millions of Americans suffer from insomnia, which explains why more than 26 million prescriptions for a sleeping medication called Ambien were written in 2005. Unfortunately, there is increasing evidence that Ambien’s popularity comes with a dark side: Users report doing strange things in their sleep and remember none of it in the morning. Ambien users have been found by loved ones and strangers sleepwalking; eating the entire contents of the fridge, including strange things like buttered cigarettes; and most dangerously, driving in their sleep.

Unfortunately, this means our nation has seen a rise in Ambien-related DUIs. In fact, the Wisconsin Law Journal reported that Ambien is in the top 10 most commonly detected drugs in many state toxicology labs. A reference to Ambien-related sleep-driving even made it into a recent episode of The Simpsons. People arrested for a DUI under the influence of Ambien don’t usually remember getting in the car and driving; in fact, they’re generally people who previously had spotless driving records. In response, the FDA announced in March that it wanted makers of Ambien and other insomnia drugs to make the warnings that come with these medications increasingly dire.

Because the law requires DUI to be voluntary -- that is, you have to know you’re under the influence and choose to drive anyway in order to be charged with a DUI -- people arrested for Ambien-related sleep-driving may be able to get their DUI charges lessened or dismissed altogether with the help of an experienced DUI attorney. There aren’t many reports on the results of Ambien DUI court cases yet, but having no prior DUIs would certainly help. Consuming alcohol or nonprescription drugs along with the Ambien might hurt your case -- if you remember doing it.

May 7, 2007

Busta Rhymes Busted on DWI charge

Rapper Busta Rhymes, who was arrested last week in New York City on suspicion of driving while impaired, says it was all because of “one little lousy shot of Hennessy,” according to celebrity Web site TMZ.

Officers stopped the 34-year-old rapper at about 12:40 a.m. on May 3 because the sport utility vehicle he was driving had overly tinted windows, according to news reports.

The TMZ news report also states that when the cops accosted the rapper yesterday, he told officers that he’d only had “a shot of Hennessy” before he drove away in his 2006 GMC Yukon Denali. TMZ also got a hold of the Rhymes’ arrest report, which said that the rapper had “watery and bloodshot eyes.”

According to NYPD spokesperson Detective John Sweeney, when officers approached Rhymes’ car, he was found to have a “strong odor of alcohol on his breath” and when they asked him to present his paperwork, “he dropped his wallet to the ground” while showing it to the officers.

Officers also administered a field sobriety test, which he failed, the TMZ report said. It was then that the officers took him to the station, where Rhymes registered blood alcohol content (BAC) of .067 during a breath test. Though the number is below the legal threshold of .08, Rhymes was charged with one count of operating a motor vehicle while intoxicated and one count of operating a motor vehicle while impaired.

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May 6, 2007

Rapper Eve charged with DUI in Los Angeles

City prosecutors filed misdemeanor charges Friday against Eve stemming from a traffic accident in Hollywood last week, according to an article posted on MSNBC’s Web site.

The rapper-actress, whose real name is Jihan Jeffers, was charged with driving under the influence, driving with a blood-alcohol level of .08 or above, and failure to provide proof of insurance, officials said. The charges stem from an April 26 arrest when officers stopped Eve at 2:40 a.m. after her car struck a raised concrete center median on Hollywood Boulevard. A breath test showed her blood-alcohol level was above the legal limit, according to the article. The rapper-actress, who is scheduled to be arraigned May 17, faces a maximum penalty of six months in jail and a $1,000 fine.

A statutory minimum sentence would include a minimum of three years’ probation, a fine of at least $390, and an alcohol education program, among other DUI-related conditions. Eve, considered a protégée of gangster rap trailblazer Dr. Dre, has released several solo albums and won a Grammy in 2001 for the single “Let Me Blow Ya Mind” with Gwen Stefani. Her movie credits include “Barbershop,” and once had her own self-titled sitcom.

Is the information provided in this article sufficient evidence to show the actress was driving drunk? Absolutely not. The breath test showed her alcohol level to be above legal limit. There are many reasons why a Breathalyzer test shows a reading higher than it should – from lack of food to the kind of food she ate. Was she distracted by something on the road or in the car before she struck the center median?

May 4, 2007

Fatal DUI Crash Caused by Man Huffing Legal Chemical

In what has turned out to be a landmark DUI case, deputies in Orange County, Florida, finally made an arrest last week in a deadly DUI crash that happened near the University of Central Florida in October 2006, according to a news report in Central Florida News TV’s Web site.

Investigators now say 20-year-old Malcolm Barnes was huffing a legal chemical before the fatal crash. Barnes is charged with DUI manslaughter and vehicular homicide. This is the first DUI manslaughter case connected with huffing.

When Barnes crashed his vehicle head-on into a motorcycle, killing the rider, officials said they thought he had been driving under the influence of alcohol. Detectives knew Barnes was high when he went the wrong way down Alafaya Trail and threw 19-year-old Andrew Brannon off his motorcycle and dragged him to his death in October.

So as part of their investigation, they drew blood and sent it off to a lab. When officials received the results of the test, they did not coincide with how the suspect was acting the night of the crash. Officials said they went back to take a closer look at Barnes’ vehicle and found canisters of 3M Dust remover. That led investigators to believe that this could be a huffing case.
Huffing is the intentional inhalation of a chemical substance in order to get high. Officials say it’s a disturbing trend on the rise, especially among teenagers and young people. Most huffing substances can easily be found in homes. The dust remover, for example, is a product most people with computers own. And while these substances can easily be bought in a store for their intended use, they are still dangerous and treated as illegal substances when abused.
Those who inhale these substances risk losing their lives the first time they attempt huffing. Or as in the case of Oct. 6, they could put someone else’s life in jeopardy. Those who inhale these substances could also be arrested for driving under the influence of a substance – be it legal or illegal.

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May 1, 2007

Top cop faces DUI charges

A Cincinnati police officer who recently received an award from Mothers Against Drunk Driving was arrested last week in Aurora, Ind., on drunken-driving charges, according to a news report in the Cincinnati Enquirer.

Aurora Police charged Officer Charles Beebe, 54, with driving while intoxicated and driving while intoxicated with a blood-alcohol level between .08 and .14. Beebe's blood alcohol was .08, according to the arrest report. A driver is considered to be legally drunk in Indiana with a blood alcohol of at least .08.

Aurora Officer Jared Dausch said in his arrest report that he was parked on Indiana’s Highway 56 when he saw a sport utility zip by at a high rate of speed. The female driver of a car following the SUV pulled alongside the officer and told him that the SUV driver was going to cause an accident, he said in the report. The female driver also told the officer that the SUV “passed her and ran two vehicles off the road,” the officer stated. Dausch then pursued the SUV and stopped it. Once he made the stop, the officer administered a field sobriety test on Beebe, which he failed, the report said. Beebe then agreed to a chemical test.

He was booked into the local county jail. Beebe is a 32-year veteran of the Cincinnati Police Department. He was promoted to specialist in 1990. Earlier this year, Beebe received a Top Cop award from MADD's Southwest Ohio chapter at the group’s annual luncheon. The group released a statement Thursday saying it was disappointed to learn of Beebe’s arrest especially because they had honored him recently for getting drunk drivers off the road.

A Cincinnati police spokeswoman wouldn't provide Beebe's specific salary but said the salary range for Cincinnati police specialists is $58,484 to $60,263 annually. She also said Beebe “will be assigned to desk duty, with police powers suspended, pending the outcome of his court case.”