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California DUI Review and News
Thursday, 24 December 2009
Ignition Interlock Devices As a Way to Prevent Drunk Driving
Now Playing: Ignition Interlock Devices As a Way to Prevent Drunk Driving

The ignition interlock is a device that is installed in the car, and if someone has to drive the vehicle, he/she provides a breath sample by blowing into the device. The car will not start if the IID detects alcohol on the breath. 

Many people have looked into ignition interlock devices being a key component in drunk driving prevention.  In fact, Governor Schwarzenegger signed a law this past summer that requires Ignition Interlock Devices (IIDs) be installed on vehicles owned and operated by motorists convicted of driving on a suspended license due to a previous alcohol-related conviction. 

The DMV must notify the court if you fail to submit proof of installation of an IID within 30 days from date of notice. A person who is required and fails to install an ignition interlock device is guilty of a misdemeanor and will be punished by imprisonment in the county jail for not more than six months or by fine of not more than five thousand dollars ($5,000), or both.

Last year AAA conducted a poll and found that 80% of those who were surveyed liked the idea of mandating drunk driving offenders to have ignition interlock devices installed in their vehicles.

What do you think about ignition interlock devices?  Will they help prevent drunk driving?

Related Post:
Are IID's Really Worth It?

************************

Get help with your San Diego DUI.  Contact an experienced and professional San Diego DUI attorney.


Posted by Maria Palma at 4:07 PM PST
Updated: Thursday, 24 December 2009 4:09 PM PST
Ignition Interlock Devices As a Way to Prevent Drunk Driving
Now Playing: Ignition Interlock Devices As a Way to Prevent Drunk Driving

The ignition interlock is a device that is installed in the car, and if someone has to drive the vehicle, he/she provides a breath sample by blowing into the device. The car will not start if the IID detects alcohol on the breath. 

Many people have looked into ignition interlock devices being a key component in drunk driving prevention.  In fact, Governor Schwarzenegger signed a law this past summer that requires Ignition Interlock Devices (IIDs) be installed on vehicles owned and operated by motorists convicted of driving on a suspended license due to a previous alcohol-related conviction. 

The DMV must notify the court if you fail to submit proof of installation of an IID within 30 days from date of notice. A person who is required and fails to install an ignition interlock device is guilty of a misdemeanor and will be punished by imprisonment in the county jail for not more than six months or by fine of not more than five thousand dollars ($5,000), or both.

Last year AAA conducted a poll and found that 80% of those who were surveyed liked the idea of mandating drunk driving offenders to have ignition interlock devices installed in their vehicles.

What do you think about ignition interlock devices?  Will they help prevent drunk driving?

Related Post:
Are IID's Really Worth It?

************************

Get help with your San Diego DUI.  Contact an experienced and professional San Diego DUI lawyer.


Posted by Maria Palma at 4:07 PM PST
Updated: Thursday, 24 December 2009 4:11 PM PST
Wednesday, 16 December 2009
Are You a Minor Who's Been Arrested For a DUI in San Diego?
The state of California follows "Zero Tolerance" policy when it comes to drunk driving.  If you are under 21 and are have a BAC (blood alcohol content) of 0.01% or higher, the arresting officer will confiscate your driver's license. 
 
Typically anyone who is pulled over for suspected drunk driving has the right to refuse a breath test in the state of California.  However, if you are under 21-years-old, it is a requirement that you submit to any blood or alcohol test.

What happens after I'm arrested?
 
As a minor, you have a right to a DMV hearing where it will be determined whether or not your BAC was indeed greater than 0.01%.  This hearing must be scheduled within 10 calender days of being arrested. 
 
You have the right to be represented by a San Diego DUI defense lawyer at the time of the hearing.  Although it isn't required to hire a DUI lawyer, it's highly recommended, especially if you're unfamiliar with DUI laws and the court process.

If you lose the hearing, the DMV will suspend your driver's license for 1 year. 

If you were arrested for having a blood alcohol level of 0.05% or more, the court may require you to attend an alcohol education/rehabilitation program.  If the BAC is 0.08% or above, it's possible that you could be charged as an adult. 

Posted by Maria Palma at 9:57 PM PST
Updated: Wednesday, 16 December 2009 9:58 PM PST
Sunday, 29 November 2009
Drunk Driving: It Only Takes a Few Minutes to Save a Life
We all know the dangers of drunk driving, and yet to this day people still don't take it very seriously.  Most people are under the impression that a DUI is a minor traffic violation, however, a DUI arrest is indeed a serious matter that should not be taken lightly. 
 
If you are charged with a DUI, you face penalties such as fines, jail time, driver's license suspension, mandatory DUI classes or rehabilitation, and insurance cancellation.  On top of that you could be publicly humiliated.  If you've hurt or injured other people, the ramifications spread to their friends and family. 

Is it worth all the heartache?

Is it worth all the stress and humiliation?

Before you go out to drink and party, take just a few minutes to plan how you will get home.  Bring a sober friend with you.  Call a cab.  Make arrangements with someone to pick you up if you have to.  Just a few minutes of planning not only can saveyour life, but it can save the lives of other people who share the roads and highways with you. 

If you are arrested for a DUI in San Diego, make sure to hire an experienced lawyer to help you with your case.

 

Posted by Maria Palma at 10:14 PM PST
Wednesday, 18 November 2009
New DUI Trend: Driving Under the Influence of Drugs
Field Sobriety TestsThe National Highway Traffic Safety Administration reports every year that thousands of people are arrested for drunk driving.   It's been said that 10 to 22 percent of crashes are alcohol related.

Here's something else to think about....An article at TransWorld News says that a new trend with DUI's has surfaced.  It looks like nowadays more people are arrested for being under the influence of drugs versus being under the influence of alcohol. 

Well, we could continue to talk about how drunk driving is an issue, but what I want to know is...What is it exactly that will prevent this from becoming a bigger issue?

I believe that the root of the drunk driving problem is based on the idea that people have personal and development issues that cause them to turn to alcohol to get away from their problems.  Creating support systems for people who have been charged for drunk driving could be one step that we could take to help.  The state of California currently imposes mandatory DUI classes as one form of punishment, but I think most people need help beyond 30 days or even 6 months.  People need one-on-one help - especially those people who are repeat offenders. 

If you do have a drug or alcohol problem, get the help you need.  There are plenty of alcohol and drug rehab facilities in the San Diego area!  Your San Diego DUI attorney can also provide you with resources and community programs. 

Posted by Maria Palma at 5:28 PM PST
Friday, 23 October 2009
Drunk Driving: What We Need Right Now
Even though we've heard about the serious consequences of drinking and driving, to this day many people still insist on drinking and driving.  Law enforcement and nonprofit groups have taken action to help alleviate the problem, and yet the issue of drunk driving remains.  Are we not taking the problem of drunk driving as serious as we should be? 

We have to remember that drunk driving doesn't just affect the people who are involved in the accident, it affects all the loved ones of the victims. Despite the knowledge of the ramifications of drunk driving, there are many people who still think drinking and driving isn't a big deal and it's this type of attitude that contributes to the problem.

There is another issue that needs to also be addressed in terms of helping DUI offenders.  Currently most states mandate that offenders take DUI classes, but often times this is not enough - especially for repeat offenders.  People who repeatedly drink and drive have underlying issues that need to be looked at. 

Creating more awareness about drunk driving is what we need.  We need more people and organizations who are committed to helping people with alcohol or drug problems. 

If you've been arrested for a DUI in Orange County and need help with a drinking problem, there are many resources available to you.  You just need to take that step and ask for help.

Posted by Maria Palma at 6:53 PM PDT
Updated: Friday, 23 October 2009 6:55 PM PDT
Monday, 19 October 2009
New Solutions To Prevent Drunk Driving

For many years now drinking and driving has been an ongoing issue in the U.S.  With this blog I've proposed many solutions to prevent drunk driving.   One solution that I've proposed is to educate kids about the dangers of drunk driving at an early age.  Another solution I've proposed is to have more TV commercials or public service announcements warning people about drunk driving.

There are quite a few states that are experimenting with new solutions to prevent drunk driving.  The state of New Mexico was the first to require ignition interlock devices on first-time drunk driving offenders. Since implementing this requirement, the statistics show that New Mexico has had fewer drunk driving-related accidents.

One would think that this would cost the government quite a bit of money to have these installed for every drunk driver, but New Mexico is actually requiring the convicted offender to pay for the device. Some say that a more effective solution would be to revoke drivers' licenses, however, I think people would still continue to drive. With the ignition interlock device, at least the car wouldn't be drivable if the person was drunk.

Whether or not this initiative will spread to other states, we'll just have to wait and see.  Earlier this month Governor Arnold Schwarzenegger signed AB 91 by Assemblymember Mike Feuer which creates an ignition interlock device pilot program in four counties for every vehicle owned or operated by a first-time driving under the influence (DUI) offender.  The four counties include Alameda, Los Angeles, Sacramento and Tulare counties.  Read more: Gov. Schwarzenegger Signs Legislation Cracking Down on DUI Offenders

Get help with your DUI case in Orange County by contacting experienced Orange County DUI attorneys.


Posted by Maria Palma at 4:25 PM PDT
Friday, 9 October 2009
Boating, Flying, and Cycling Under the Influence
In the state of California, you could be arrested for operating a boat, plane, or even a bike while under the influence of alcohol or drugs.  Under state law, boating, flying, or bicycling under the influence are considered separate DUI offenses.  Keep in mind that as with an automobile DUI, you can and will be arrested.

Boating Under the Influence - Under California’s Harbors and Navigation Code, boating under the influence (BUI) is defined as having a blood-alcohol content (BAC) of .08% for recreational vessels and .04% for commercial water craft.

Flying Under the Influence - Anyone who flies any type of aircraft can be charged with FUI if he/she has consumed alcohol within 8 hours of the flight or who has a BAC of .04% or higher.  Consequences for a FYI includes huge fines, lengthy jail sentences and revocation of the individual’s pilot’s license.  A person can be charged under state and federal laws.  Furthermore, they have to submit to chemical testing.

Cycling Under the Influence - Even though CUI is not as serious an offense as the others, a person is still subject to penalties including a fine of $250 and a criminal conviction.

As you can see, there are distinct differences between a BUI (Boating Under the Influence), FUI (Flying Under the Influence), and CUI (Cycling Under the Influence).  These offense can affect your driving record with both the California Department of Motor Vehicles (DMV) and the National Drivers Register
 
It's highly advisable to speak with an experienced California DUI lawyer if you are arrested.  If you live in Southern California, contact an Orange County DUI attorney to help you with your case.

Posted by Maria Palma at 9:38 PM PDT
Updated: Friday, 9 October 2009 9:39 PM PDT
Tuesday, 28 July 2009
Can I Get My DUI Expunged?

Being charged with a DUI means that there's a chance that your criminal record may be tarnished.  There are certain cases, however, whereby a drunk driving charge could possibly be expunged if you've displayed proper behavior during your probation. 

There are different definitions of "expungement" and they vary from state to state.  However, generally speaking, an expungement means erasing or eliminating a DUI charge from your criminal record.  Because DUI laws are different in each state, it's highly advisable to hire a DUI attorney to help you investigate your case and figure out what is the best approach for your particular situation. 

In California a DUI expungement does not necessarily mean your record will be free and clear. If you are charged again for drunk driving within ten years, the first DUI incident could still be used as prior conviction.  For example, if DUI charge #1 is expunged but later the person is charged charged again for drunk driving (#2), it could still be considered a second offense. 

So what does a DUI expungement actually mean? 

1.  Your current DUI case will be dismissed by the court - meaning "it never happened"

2.  You do not have disclose the DUI charge when you apply to a school or a job - with the exception of a government or state-related position.

Find out more about DUI law in Orange County...


Posted by Maria Palma at 9:28 PM PDT
Monday, 20 July 2009
Drunk Driving Wake-Up Call

Sometimes in life we are offered many chances in life to learn from our mistakes.  We'll even make the same mistake a few times before we actually wake up and learn our lesson.  Then there are people who seem to never learn from their mistakes.  For John Joseph Taskey, it took five drunk driving incidences before he got his big wakeup call:  15 years-to-life sentence for an accident that killed Rosa Degerman.

Taskey pleaded guilty to second degree murder for the accident that happened in September of 2007.  He was driving west on Interstate 8 in San Diego when his pickup truck ran into the car that Rosa Degerman was in.  She suffered injuries and passed away the next day at the hospital. 

It's a shame that it took a tragic death for Taskey to be put in jail.  What happened to him after his third or fourth DUI arrest, I don't know, but it's obvious that he needed some help.  We could blame the "system" for not taking an active role in helping to rehabilitate John Taskey, however, at the same time Taskey made the decision to keep getting behind the wheel despite his license suspensions. 

Do you think that harsher DUI penalties will prevent repeat drunk driving offenders from committing the same mistake over and over?  What will it take for people to take drunk driving more seriously? 

If you have numerous DUI arrests, ask your Orange County DUI defense lawyer for resources to help with your problem.

Source:  SignOnSanDiego.com


Posted by Maria Palma at 6:27 PM PDT

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