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‘Melody’s Law’ will prevent tragedies

29 06.10

Just over a year ago, nine-year old Melody Osheroff and her father Aaron were walking hand-in-hand on one of their regular evening walks in their Novato neighborhood.

As they were walking through a residential crosswalk, they were struck by Edward John Schaefer, a motorcyclist who was drunk at twice the legal limit and who had at least 8 prior convictions for DUI.

The damage was horrific. Melody was killed. Aaron nearly died from his injuries, including the loss of a leg. His other leg was nearly lost, and Aaron spent months in the hospital, enduring surgery after surgery.

When we think about the devastation to the Osheroff family caused by this repeat DUI offender – the agony of losing a child, the horror of having your body maimed, the lifetime suffering that this tragedy caused – we also must ask, how could someone who had been convicted so many times of driving drunk and recklessly continue to hold a valid California driver license and vehicle registration?

This heartbreak isn’t an isolated incident; rarely does a week go by without a similar story appearing in Bay Area newspapers. According to the California Department of Motor Vehicles, in 2007 alone there were 2,238 alcohol and drug related traffic fatalities in California – over half of all traffic fatalities reported that year.

And while California is known to have some of the strictest drunken driving laws in the nation, the tragedy that took Melody’s life

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Vince Neil Booked for DUI in LA

29 06.10

LOS ANGELES (Reuters) – Motley Crue singer Vince Neil   has been arrested on suspicion of drunk driving and was being held in a Las Vegas jail, police said on Monday.

Las Vegas police had few details of the arrest but Neil, 49, was expected to appear in court later on Monday.

Celebrity website TMZ.com said Neil’s car was pulled over late on Sunday night after police received a complaint from a woman who alleged Neil had smashed her camera earlier in the evening.

The arrest comes just a week after Neil released his latest album — “Tattoos and Tequila” — featuring cover versions of classic rock songs.

Neil, who split with Motley Crue in 1992 and rejoined the band in 1997, served jail time in 1986 for drunken driving after a car crash that left a drummer dead.

In the past few years he has opened a string of bars and restaurants in Las Vegas and Florida.

Have you been arrested for DUI in Los Angeles? If so, you should waste no time contacting a California DUI lawyer.

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Orlando DUI Lawyers

26 06.10

Arrested for DUI in Orlando? Call 407-443-3729 to schedule your free consultation with Musca Law.

orlando Orlando DUI Lawyers

Driving under the influence of alcohol or drugs (DUI) is a serious offense. A DUI may cause you to lose you drivers’ license, to receive an exorbitant fine, to watch your insurance rates skyrocket, and may even cause you to lose your freedom.

The penalties are even more serious if you were involved in an accident or vehicular homicide while driving under the influence of alcohol or drugs.

You should know you only have 10 days from th

My advice: Contact an Orlando DUI attorney before it’s to late!

How Can Facebook Effect DUI Cases?

26 06.10

Facebook and other social media sites have become a prime place for prosecutors to gather evidence against DUI suspects in Florida and across the country. People, especially underage drinkers, feel posting pictures of themselves partying is harmless, but we are constantly seeing it come back to bite them. For example, if someone is arrested for DUI on 1-1-10 and pleads not guilty, a picture of them at a New Year’s party that night drinking alcohol can go a long way if the prosecutor gets their hands on it (and they will). There was even a story recently in which a juvenile girl was charged with DUI manslaughter where an alcohol related post on Facebook directly caused her to be sentenced as an adult. Apparently, the girl who was charged with killing her boyfriend driving drunk posted a picture of herself captioned ‘drunk in Florida’ just months after the crash. When the judge saw the photo he decided to charge her as an adult.

I am not condoning drinking and driving and I understand pictures of this nature seem OK because you never plan on being arrested for DUI in the first place. All I am saying is be smart. Is it really necessary to show the world (or your group of friends) you were up all night drinking?

Looking for a DUI attorney?

South Carolina Police to Step up DUI Enforcement in July

23 06.10

During the month of July, Conway police officers will be stepping up enforcement of DUI laws.

Alcohol is a major factor in fatal crashes during the July 4th holiday.

In 2008, 32 percent of all drivers involved in traffic related crashes during the holiday weekend possessed a blood alcohol concentration of .08 or higher.

During this year’s holiday period, Conway police will conduct aggressive patrol for DUI enforcement and reminding everyone that “Buzzed Driving is Drunk Driving”.

Drivers can enjoy a safe and festive holiday without jeopardizing their lives and the lives of others who may be on the road.

In need of an attorney in South Carolina?

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Ron Bell Case Illustrates Problems with New Mexico Drunk Driving Laws

23 06.10

SUMMARY: Ron Bell was arrested and charged with DWI on a blood alcohol score of 0.0. That is not a typo. He was charged under New Mexico’s impaired to the slightest degree standard despite the fact that he had no alcohol in his system.

The charges have been dismissed against Ron Bell. The fact is the charges should have never been filed to begin with. Nor should the many under the limits DWI/DUI cases that are routinely charged in New Mexico exposing the under the limits drivers to the full consequences of a DWI/DUI conviction despite the fact that they were under the .08 legal limits. The case against Ron Bell perfectly illustrates the possible problems with the impaired to the slightest degree standard.

Please see full article for more information.

If my driver’s license was suspended for DUI/DWI, can I apply for a hardship license?

19 06.10

Whether or not you are able to apply for a hardship license, as well as when you are able to apply, will depend upon your particular DUI charges. A hardship license will allow you to drive to and from work and school, as well as for essential household needs. To find out if you may qualify and when, it is important to contact an attorney. Your ability to apply for a restricted license may vary greatly from case to case.

FAQ from the Florida DUI lawyers of Musca Law.

Are WA DUI Laws To Weak?

19 06.10

After last week’s suspected drunken driving accident that killed two Federal Way teens, the question remains: Why was 50-year-old Alexander Peder behind the wheel of a car?

Peder, a Kirkland resident who had two DUI incidents in the past, crashed into a Honda Civic occupied by Derek King, Nicholas Hodgins and Anthony Beaver on June 9. Peder was charged Monday with two counts of vehicular homicide in the death of King and Hodgins.

Peder’s driver’s license had been suspended, but was reinstated after he followed through with court orders.

“Both times he did what the court ordered him to do,” King County Prosecuting Attorney’s office spokesman Ian Goodhew said.

The fatal crash

King, Hodgins and Beaver were Decatur High School students who were just three days away from graduation. They were returning home after an evening spent with classmates. The three were traveling southbound in Interstate 5, when just past Tukwila near State Route 518, their car became disabled in the second lane of the freeway.

Beaver, the driver, turned on the emergency flashers and called for the state patrol on his phone. At least two cars were able to see and avoid the disabled Civic. Peder, who is suspected of driving drunk, crashed into the rear end of the Civic, destroying the rear half of the car.

King died at the scene. Hodgins died after being taken off life support the next day.

Peder had purchased a fifth of vodka six hours earlier, as well as a pint and a smaller bottle of tequila. State Patrol found receipts for the alcohol in Peder’s 1998 Ford Explorer, as well as the bottle of vodka, half-empty.

Peder’s blood-alcohol content was taken at the scene, less than an hour after the crash, and came back at .16 BAC, which is twice the legal limit.

A past history of DUI

Peder had twice before been arrested for driving under the influence. The first time was in 1998, but the charge was reduced to negligent driving. The district court deferred the sentence and dismissed the charge after Peder completed a DUI victims panel and an alcohol evaluation. According to Goodhew, in that case, the judge threw out Peder’s breathalyzer results, and the prosecutors pleaded down the charge to a lesser charge that would still go on his record.
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New DUI Law Requires Breathalyzers in Vehicles for Offenders in L.A.

19 06.10

It’s nice to see a story about DUI laws that don’t involve a celebrity and an ankle bracelet.

Starting next month, Los Angeles will be one of four counties to require all licensed drivers found guilty of a DUI to have a breathalyzer placed in their vehicles.  If a driver breathes into the breathalyzer and has alcohol on their breath, their car won’t start.  The pilot program will last five years and will track whether or not the devices have an impact in reducing the number of drunk drivers that are repeat offenders.

Not surprisingly, not everyone is happy with the new law, and don’t mind speaking out for the rights of drunk drivers. Mercifully, the opposition does not include AAA, but does include restaurant associations and defense lawyers. The Sacramento Bee reports,

“With this law, you are going to have the occasional drinker who had a half glass of wine too much” and who is unlikely to reoffend, said Ignacio Hernandez, a lobbyist for California DUI lawyers.

He warned the technology could have glitches that cause false positive readings.

It’s just amazing that anyone could actually argue that it’s too much to require a breathalyzer for less than half-a-year for a drunk driver. Later in the same article it discuses a program to help cut the cost of the breathalyzer, $75 for installation and $50 a month for monitoring the system, for low income people. The owner of a breathalyzer company wonders about people that can afford cars and to get drunk, but not the cost of the monitoring system.
For a first offense, a driver must have the breathalyzer lock installed for five months. For a second offender, a year. For a third time offender, two years. That’s right, the lobbyist for the DUI Lawyers Association thinks a law that allows someone to have three DUI’s and still drive on the road is somehow unfair to the offender.

The legislation was authored by Westside Assemblyman Mike Feuer, who also authored the legislation that created Measure R, and was signed by Governor Schwarzenegger earlier this year.  Unless renewed, the legislation will expire in 2015.

Looking for a California DUI Attorney?

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5 Reasons to Hire a DUI Lawyer

15 06.10

Post from Pasco County DUI Lawyers.

Oftentimes people feel they have no need to hire a lawyer after a DUI arrest because they don’t fully (or at all) understand what legal representation can do for them. If you feel this way, you should know that a DUI attorney can:

1. Help you retain your drivers license – After a drunk driving arrest ( in Florida and many other states) you have only 10 days to schedule an administrative review hearing in order to avoid automatic license suspension. By attending this hearing with an experienced lawyer you can be assured everything will go smoothly.
2. Investigate your arrest – Any good lawyer knows how to investigate a DUI arrest to look for unconstitutional doing by the arresting officer(s). Whether you were pulled over without just cause or police improperly administered a breathalyzer test on you, things of this nature can be discovered and ultimately used in your defense.
3. Develop your case – Very importantly, a DUI lawyer will know what defense may work in your defense based on past experience. If you decide to fight your DUI charge, an experienced attorney’s guidance will give you a great shot at winning.
4. Work out a plea bargain – This is the opposite of reason 3, it’s either one or the other. If you decide to plead guilty or no contest you probably don’t know what penalties are average for your circumstances. Guess what? A lawyer’s experience comes into play here yet again. By hiring a lawyer for this purpose alone you are assured you’re not getting the short end of the stick
5. Save you time and money – Whether your lawyer helps you avoid being convicted or minimize penalties via plea bargain, you can count on their service paying for itself. Commonly DUI attorneys are known to turn jail sentences into community service and hefty fines into small bills. Not to mention keeping your criminal record clean which we all know can help you retain or get a job.

Been arrested for DUI in FL?

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