Marijuana DUI laws debated to arrive at a conclusion

marijuana-dui- Karen Roach-34445373_sA research study recently concluded that motor driving after marijuana consumption increases the vulnerability of accident to two fold. People opposing the legalization of this drug marks it a reason for keeping the drug illegitimate. Prior to bigger uproar for implementing stringent DUI laws on marijuana, the risk associated should be discussed in detail to ensure the penalty suits the crime. Although the frail DUI laws compromise on public safety, harsh rules and strict penalties may risk the career of drivers that aren’t impaired.

Something which heightens the vulnerability of accident needs to be avoided. There is hardly anyone that would advocate driving after the consumption of marijuana. NORML is making the smoker aware of this thing by writing in ”Principles of Responsible Cannabis Use”. It says that a responsible consumer of cannabis doesn’t operate motor vehicles or similar machinery after being impaired with cannabis or similar substance like alcohol.

However, marijuana doesn’t impact driving performance in the same intensity as alcohol. Driving under marijuana’s influence heightens the risk of accident to two fold. Comparatively, a somewhat illegal .08 BAC increase the risk factor to eleven fold. However, the penalties remain the same. Post the legalization of cannabis for the use of adults, the legislature also voted for criminalization of driving under marijuana influence. The drivers discovered to be impacted by marijuana were charged with similar crime as the drunk drivers. It made almost impossible to analyze the entire data and applying similar punishments to the two behaviors by varying levels of danger.

Comparatively, the studies reveal how texting also doubles the car crash risk. Making phone calls also increases it by as much as triple fold. Such high-risk behaviors are treated with legal actions. For example, in 2009 Colorado had banned texting while car driving. Initially, offences were punished with as much as $50 ticket but the next series of offences jumped to $100. Later on, the state legislature had rejected a bill pitched to expand the scope by inclusion of phone calls.

Penalties for marijuana DUI are increasingly harsh. Apart from a burden of criminal record, maiden marijuana DUI lands a Colorado convict into jail for five days. A fine of $60 is also imposed along with 48 hours community service. It may also reach one year of imprisonment, 96 hours community service and up to $1,000 fine.

As a section of its campaigns on education, the Colorado state touts the probable cost involved in DUI. It considers rising insurance premiums, legal fees, and similar related expenses. First offence may cost as much as $10,270 which is more than 200 times the price of firs texting offence while driving.  There is hardly an evidence to support such a gaping difference. Law was seemingly more of the legislature’s knee jerk reply compared to any reasoned deliberation. Ultimately, the laws on driving under influence needs to consider the main risk associated instead of political expediency. Impaired driving remains a massive problem and there is an unfortunate rise in texting related and drunk driving cases.

Image credit:  Karen Roach

Parents may require a criminal defense attorney at their speed dials

Parents may require a criminal defense attorney at their speed dialsAuthor of legal books, Lisa Green emphasizes the need among teenager parents to be ready with a criminal defense attorney. She has already penned a book on this matter which would be handy guide for women. Green believes that parents have contact numbers of tutor, music teachers and other people but tend to forget on a lawyer. She has been a lawyer, legal analysts on television and journalist so far in her career.

The author points out how people maintain a distance from law with their set of fears. They believe it’s intimidating and scary with the notion of their kid never getting into legal hassles. She expects people get some lessons from the case involving a teenager who had allegedly sent textual messages to a friend suggesting her to commit a suicide. Michelle Carter, her name reportedly, faced involuntary manslaughter charges which were surprisingly tragic. It shows how little faulty steps can lead to life changing legal consequences. Keep Reading →

Florida drivers approach to DUI checkpoints spark debates in legal circles

Florida drivers approach to DUI checkpoints spark debates in legal circles In Florida, the drivers have started to deal with DUI checkpoints in a manner which has fuelled controversy and debate. Instead of opening the window, the driver maintains silence and signals a plastic bag which hangs loosely from door. The officer uses flashlight to verify the bag which contain copies of driver license, registration, insurance documents and paper slip referred as ‘Fair DUI flier’. The packet is carefully examined by the officer and after glaring the driver, he is allowed to proceed with verbal greeting. Keep Reading →

How to choose a DUI lawyer and relevant things to know

 How to choose a DUI lawyer and relevant things to knowWhile searching for any DUI attorney, you’d talk to many attorneys one of whom may represent you in future. It is a free consultation and don’t forget or hesitate to ask some questions. Qualified and experienced professional attorneys would answer your questions with no hesitation. The attorney will consider it a good sign and would be more curious. He or she is likely to prefer a better prepared client seeking the best possible legal representation.

Mentioned below are certain questions you may ask the lawyers to ensure an informed decision:

  • The number of years he or she is involved in this legal practice.

It tells you about the total experience of the attorney. You may also ask about the things they’ve done throughout the years.

  • How many people they have represented that were charged with this DUI?

Keep Reading →

DUI cases can use body cameras

DUI cases can use body cameras

Police body camera: DUI field sobriety test

The latest rise in DUI cases has implemented the law agencies to inflict their forces to use up body cameras. Drunk Under Influence (DUI) has faced with many illegal facets in the court due to loss in memory of the police or tampered evidence.

The rise in such cases has taken the West by storm as more and more people are being charged with it legally or illegally. The court works through evidence and the dual subjects of speaking from both the parties makes it tough for the jury to get a fast action. It has often been reported of adulterated facts from the police to cover up for a wrong accusation. Body cameras installed on the law enforcers can work wonders in recording such cases live and later tape the record when the case file is been lodged. It is often subjected to loss of memory where both the police and the accused fail to remember the exact incident that occurred during the night of capture. Keep Reading →

Getting A DUI Nowadays Is No Joking Matter

Getting A DUI Nowadays Is No Joking MatterDriving is a right and privilege and the level of personal responsibility is high.

There’s no driving like a maniac at high speeds nor disobeying traffic signs and laws because one feels one knows better. There are fines and penalties for all sorts of infractions regarding driving and getting a DUI is one of the worst.

Today, the courts are leaning pretty heavy on DUI charges. The penalties vary from state to state but in general the first bust is the one that will remain on your mind and conscious and record for a long time. You may get off with just a modest fine but you might run into that one judge that feels passionate about DUI charges and they’ll throw the book at you. This could be anything from the maximum number of fines, stays in jail, and even locking devices installed on your car so it won’t operate with a person who is under the influence. Keep Reading →

Driving under the influence checkpoints

Driving under the influence checkpointsOccasionally, the police arrange DUI checkpoints in many states of America for checking drunk or impaired drivers and motorists. The cops put up the checkpoints at mostly frequented highways during the holiday season. The holiday period is famous for alcoholic abuses including 4th July, Memorial Day etc. Checkpoints are usually the roadblocks on intersection points where police officers stop vehicles randomly at consistent intervals. They check every ninth or tenth driver to check the intoxication signs. Federal laws support their legality but these checkpoints are controversial and banned in some of the states. Keep Reading →

Make Sure To Exercise Your Rights With An Attorney Present

Make Sure To Exercise Your Rights With An Attorney PresentGetting arrested for any reason is not a happy camper finale to a day. The police can detain your before an arrest or just detain you until they figure out what to do with you. All the while you are covered by your birthright, your Constitutional Rights which you should exercise immediately during any confrontation with law enforcement.

You aren’t bound by law to answer any questions posed to you by law enforcement. If they start to ask you questions, exercise your right to have an attorney present. It doesn’t mean you’re guilty, it means you’re taking precautions because things can go wrong especially if the officers are opinionated or unprofessional. Should you be brought into the police station, again, exercise your rights to have your attorney present at all times allowed. This is not only to protect you but many police don’t realize it’s also protecting them and the municipality. Keep Reading →

Florida Is Not The Place To Get Busted For DUI

Florida Is Not The Place To Get Busted For DUIIf you’re living in the state of Florida or if you’re planning on moving there, you’ll need to know the penalties for Driving Under the Influence aka DUI as the state does not take this offense lightly.

Florida is known for some pretty hard DUI laws and penalties.  They have a Blood Alcohol Level aka BAL of .08%, as well as any chemical or controlled substance.

Should you get your first bust and conviction, get ready to fork over some money and worse.  You can get fined from $500 on up to $1,000 and if you BAL is .15% or even higher and are unfortunate enough to have a minor in the vehicle your fine will be $1,000 to $2,000.  You may have to do community service as well which is a mandatory 50 hours or even an additional fine of $10 per community service hour.  You may get probation of no more than one year, jail time of about 6 months for less than .15% BAL but higher means you’ll be looking at around 9 months.  Your vehicle might get impounded as well for 10 days which does not include your incarceration time.  Finally you might get your license revoked for up to a year. Keep Reading →

Prevent drunken driving arrest and conviction

Prevent drunken driving arrest and convictionDrinking and driving should never go hand to hand. Many people unfortunately become a part of this mess. NHTSA, a body of United States Transportation Department considers all the drivers at 0.08 blood- alcohol concentration as substantially impaired. Mentioned below are certain steps which you could follow to ensure you are driving within your legal rights and want to prevent DUI arrest.

Ensure that the registration of your car is current       

Make sure that the car you are driving has been registered currently. The patrol officers stop a lot of suspecting car drivers after noticing an expired tag of registration. Although the ideal way to prevent DUI arrest should be not to drive after consuming alcohol, your expired registration tag can be equally troublesome.

Follow the traffic rules

People often get arrested in DUI cases owing to ignorance of traffic laws. Avoid over speeding and make sure your driving speed is within the limits. Never forget to signal before taking turns or changing lanes. The U turn in certain areas such as business hubs or marked places could be illegal. Remember that traffic laws are meant for your safety only.

Check that your car fulfills the legal obligations before hitting the roads

Even if you had a drink before driving by mistake, ensure the car you are driving fulfills the essential legal obligations. If the car is in full working order and isn’t violating the legal orders, you have minimal chances of getting stopped midway. It could be that you aren’t convicted of DUI, but the lack of a front license plate may give rise to unfavorable circumstances.

Never discuss drinking with the officers

Don’t lie about things and remain silent when the officers ask questions related to drinking. It might lead the officer suspect you but you aren’t obliged to answer. If your case reaches the trial, replying the officer that you only had a single drink before the arrest will be of no help. People foolishly express that they’ve been drinking. You should avoid these habits.

Skip the coordination tests   

Some of the officers who stop you on the road tend to claim later that they’ve smelt alcohol on your mouth. He might claim this even if it’s not the case. Certain non-alcoholic drinks may smell like alcohol and duty officer would add in his DUI report that he had smelled alcohol on the suspect’s breath. Remember that you have already passed certain legal tests before getting the permission to drive. There is no law that states that coordination tests are compulsory.

Avoid drinking before driving to prevent DUI arrest  

To avoid the mess up that could surface out of drinking and driving, stay away from this. If you feel like unsafe before a drive, consider waiting a bit longer before a drive.

Where to go if I am already arrested?

If you are already convicted and arrested contact a criminal defense DUI attorney as soon as possible. There are many attorneys with intense dislike for criminal justice mechanism which occasionally overlooks the law and constitution.