My Civil Advocate

Fact is, most people don't even know their rights if they're pulled over! Here's a quick list of the most important rights you need to know and how the conversation may go if you are pulled over: "Do you know why I pulled you over?" It's typically the first thing you'll hear. It's also deliberately designed to get you to admit to certain behavior. Be polite and simply ask, "Why do you ask?" and then wait for a response. Do not comment. That phrase "anything you say can and will be used against you in a court of law" is truer than you'll ever know, trust us. "Have you had anything to drink tonight? " If you truthfully have had nothing to drink that night, say, "No." If you've had something to drink, you don't have to share that information! Telling the officer that you've been drinking will be evidence used against you. Instead, say, "I have no statement to make." While it may seem u...

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...

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...

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. ...

Shoulder injuries often occur as a result of car accidents, partly due to the actual structure of the shoulder itself but also because of other important factors. Here's why: A shoulder is an extremely complex part of the body, with a lot of moving parts working in concert. One key component of the shoulder is a ball-and-socket joint (shoulder socket) in which the ball at the end of the arm's humerus bone (upper arm) rests within a small depression of the scapula (shoulder blade); however, the ball is larger than the socket. This allows the joint to swivel in many directions, providing great range of motion. But this benefits comes at a price. That price is instability of the shoulder joint. What stability the shoulder does have originates from the soft tissues-muscles, tendons, and ligaments- that wrap around it, not from bone, meaning the shoulder is more susceptible to injury. Soft-tissue damage, fractures (i.E., collarbone, shoulder blade, humerus), nerve impairment, ...

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...

Spring means high school and college graduation for may people in the Myrtle Beach area. For some, celebrating includes drinking alcohol. (Of course the legal drinking age is 21, and violations can mean steep penalties.) But if you or a loved one chooses to drink, the Law Office of William Luse wants to make sure you stay safe by following a few tips: 1. If you are drinking, designate a 100% sober driver. The only completely safe approach is for a designated driver not to drink at all. Even one drink can impair a driver. It's illegal to drive with blood alcohol content (BAC) of .08 percent. For a 120 woman, just one small glass of wine can mean  BAC of .04 which can significantly affect driving. For a man of 180 pounds, just two beers can result in .04 BAC with similar results. Any amount of alcohol could be risky if not accompanied with food. 2. If you're drinking, consider a local driver or taxi service. Using a local driver or taxi can be an enjoyable and reasonabl...