My Civil Advocate

If you are arrested for suspicion of DUI/DWI, you are obligated to undergo a chemical test of your breath, blood, or urine at a police station or local hospital. If you refuse, you will incur stiff penalties, including suspension of your driver's license and a longer sentence if convicted. Chemical tests are generally reliable but not infallible. For example, police station breathalyzers may be thrown off by alcohol-containing substances in the mouth, such as breath fresheners and mouthwashes. Low-carb diets produce acetone on the breath, which may be identified as alcohol. Even a burp before blowing into the machine may cause a false-high reading. Urine test are the least reliable of the three chemical tests. It takes longer for alcohol to be metabolized by the body and appear in a person's urine, generally 60-90 minutes. Because of this, a person may be required to give two urine samples - first sample given; bladder voided; wait 20 minutes; give a second sample. This pur...

The stretch between memorial Day and Labor Day has been called the "100 Deadliest Days" by AAA, as the number of fatal car crashes involving teen drivers spikes during this time. Over 5,000 deaths have been reported over the summer for the past five years, a rate that is 16 percent high than other times of the year. Teens drive more over the summer than other times of the year since school is out. They frequently drive greater distances as well, traveling to summer jobs or heading to the beach or other vacation destinations. In addition, teen drivers are generally the least experienced drivers out there and are the age group that's most likely to drive while distracted. All these circumstances make for a violate combination. The AAA Foundation for Traffic Safety found that a whopping 60 percent of crashes involving teen drivers were due to distracted driving. The organization conducted a study from 2007- 2015 in which teen drivers' cars were equipped with a camera...

If a person is charged with possession of illegal drugs, their attorney may seek to challenge the prosecution on one or more grounds: refuting the stated facts, testimony, or evidence; zeroing in on procedural missteps; or pressuring the prosecution to provide all necessary evidence at trial. A defendant has the right to due process of law, including search-and-seizure protocol that is carried out properly. For example, if drugs were spotted "in plain view" in their car, they can be used as evidence. If a trunk was pried open without the defendant's consent, that's another matter altogether. A defendant can also claim they hadn't the foggiest idea that the drugs were in their residence or vehicle, and that the drugs must be someone else's. A skilled defense attorney can put the squeeze on the prosecution to prove "ownership". An attorney will force prosecutors to produce, in court, the actual drugs involved in the case. This isn't always a ...

According to the National Transportation Safety Board (NTSB), over 350 highway deaths each year are the attributable to wrong-way incidents, with the vast majority of them due to head-on collisions at high speeds. One percent of conventional auto accidents involve fatalities; the figure skyrockets to 22 percent for wrong-way collisions. a 2012 report issued by the NTSB stated that over half of wrong-way incidents involved alcohol-impaired drivers, with over 60 percent of them ahving blood-alcohol readings of .15 or higher- nearly double the legal limit in most states. Fifteen percent of wrong-way collisions are initiated by drivers age 70 or above. Confusion and impaired vision are aggravating factors in these accidents. Many wrong-way accidents begin with a driver mistakenly entering a highway from an exit ramp; others originate with people who realize they have missed their exit, so they make a U-turn and head the wrong way back to the exit. Nearly 80 percent of wrong-way acciden...

Auto accident injuries are wide-ranging, but some are more common than others. They can be influenced by seatbelt usage (or lack thereof), airbags, the direction the impact came from, the speed of impact, or the position of the occupant's body when the impact occurred (facing straight ahead or turned). Soft tissue injuries - those involving ligaments, muscle, or tendons - are most common car accident injuries. Whiplash is a noticeable one. Muscles and ligaments of the neck and shoulders are unnaturally stretched to due to sudden, high-energy movements caused by impact. These forces are responsible for many back injuries as well, including serious ones involving the spine. Scrapes and laceration can result through contact with something solid inside the car; loose, flying objects, such as a cell phone, eyeglasses, or a bag of groceries; or getting smacked in the face by an airbag. A blow to the head can cause a concussion, as the brain is slammed against the interior of the skull...

If you are ever arrested for a DUI, the last thing you may be thinking about is whether the police officer who arrested you was unlawful in making the arrest. If the officer was unlawful, though, it may be enough to get your charges dismissed. Unless you commit a traffic violation, such as speeding or running a red light, a police officer can only pull you over if he or she has reasonable cause to believe you are driving under the influence. Reasonable cause is a very broad term, but some of the things that police officers look for can include: Swerving Weaving in between lanes Endangering other vehicles Following other vehicles too closely Driving well under the speed limit Erratic braking By exhibiting any of these actions, you can give a police officer reasonable cause to assume you're driving under the influence. If you are pulled over or are stopped at a sobriety checkpoint stop, remember that a police officer cannot search your vehicle without your consent. ...

Rollover accidents are among the worst for occupants of a vehicle. Although rollovers account for only 3 percent of all serious crashes, they are responsible for roughly 30 percent of fatalities. Any vehicle can roll over, but taller, narrower vehicles (e.g., SUVs, pickups, and vans) are more susceptible since they have a higher center of gravity and tend to be more top heavy. In addition, rounding a curve or a sudden turn at the wrong speed- or overcorrecting for a sudden turn- renders these vehicles more vulnerable to weight shifts that, when combined with gravity, can lead to rollovers. Steering maneuvers aren't the primary cause of single-vehicle rollovers, however. Bumping into a curb at significant speed, striking a pothole, or two wheels countering a soft roadside shoulder can cause a vehicle to "trip." The government estimates that 95 percent of rollovers are due to "trips". Drivers have a say in minimizing rollover danger. Avoid placing heavy load...

If you are arrested for DUI, you will likely want to see the police version of events. You may have to wait a bit, however, as the police report won't be available in most states until your arraignment. And upon review, you may not believe it's referring to you. The police report is a crucial document that possesses the crux of the case against you- namely the account of the incident and all the evidence piled high or low- and can determine if fighting the charge is worthwhile. It will typically contain a checklist for the field sobriety test which consists of three standard tests- a printout of the pas test (a handheld device used to measure blood-alcohol concentration), a print out of the breath machine result, a lab report showing the blood or urine test results- and a written version of events from the police officer(s) at the scene. This written narrative is sometimes a bone of contention. Some police officers fail to treat each DUI as a separate event. They may ...

When it comes to driving under the influence (DUI), many people automatically think "alcohol." However, a myriad of drugs - illegal, prescription, and over-the-counter-- can also impair one's ability to safely operate a motor vehicle and subject a person to DUI charges. The National Highway Traffic Safety Administration estimated that in 2014, approximately 22 percent of drivers involved in fatal auto accidents were impaired by drugs. In over half of those cases, prescription drug usage was involved. Drugs of many varieties can cause drowsiness, dizziness, impaired motor skills, diminished reflexes, sensitivity to light, and impaired judgement-- all of which can make driving a perilous venture. In addition, not all drugs affect people in the same way. Measuring a person's blood-alcohol concentration can be done easily and with a high degree of accuracy at the time of a traffic stop, or shortly thereafter. Measuring a drug impairment is a bit trickier. For instance...