Rodney's DUI Talk

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Increase Of Traffic Offenses On Highways And City Streets

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The first laws and regulations regarding traffic began to appear in the 1920s, and due to the fact that they are a huge issue, they constitute a tremendous share of most state codes. Ninety percent of the those in the United States who are over the age of sixteen are licensed to drive, owed to the fact that there is more than one automobile registered for each on of them traffic control is a big issue. Every single year in the United States will play host to trillions of miles driven on the highways and city streets across the country . owed to the shear aggregate of miles driven by the surplus of drivers in the United States the aggregate of traffic laws that will be broken is no doubt in the millions. These traffic offenses or violations are divided into three unalike categories felonies, misdemeanors and infractions.

Violations and infractions are liability crimes, which means that no criminal intent is required in order to prove guilty an individual of one of these offenses. The exclusive thing needed to prove guilty is substantiation that the prohibited act was committed. Violations and infractions take in offenses such as omission to signal, omission to yield, parking in restricted areas, parking meter violations, speeding violations. Most times these violations and infractions can be handled administratively which allows them to be handled without the use of a criminal courts. nonetheless the rate of these violations can be costly when you add up the rate of the disregard and the impact on driver insurance rates.

Violations and infractions attend to the objective of deterring individuals from unsafe driving, studies exhibit that most individuals observe the laws. Although some drivers continue to violate traffic laws and aggregate innumerable infractions, this can lead to stiffer penalties and even loss of drivers license.

Misdemeanors and or felonies can turn into a felony really speedily when ruining of property or an impairment /damage /injury@#$ o a livingsoul is involved. Road rage situations in which a driver purposely causes damage to another motorist can become vehicular homicide. Another way to turn a simple traffic abuse into a felony situation is the involvement of alcohol. DWI and DUI laws differ by state, but most states have instituted stiff and costly punishments that usually take in the disbarment of the guilty parties drivers license.

The pre-eminent state to take up drunk driving laws was New York, which was followed by others; these laws were adopted around 1910. At pre-eminent these new laws did not offer a definition as to what intoxicated was. nonetheless the pre-eminent blood alcohol limit was .15 which is significantly higher than the BAC limits today.

Now There are two ways in which the operator of the machinery or motor vehicle can be proven to be intoxicated. The pre-eminent way is by showing that a certain aggregate of alcohol or illegal drugs were in the operators system. The second way is to show that the operator was impaired.

Proving that the operator had a certain aggregate of alcohol or drugs in their system. Currently the BAC limit in Texas is .08. The mode that the operator BAC is determined is by blood or breath testing. The exclusive way to challenge a failed test is to prove that a omission occurred testing procedure. A omission in the testing procedure can take in faulty testing machine, improper sampling, foreign media in the mouth (breath test), or omission to properly preserve data .

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Drunk Driving: You've Been Had

The DUI Statistics You Hear

“In the United States the National Highway Traffic Safety Administration (NHTSA) estimates that 17,941 people died in 2006 in “alcohol-related” collisions, representing 40 percent of total traffic deaths in the US. Over 500,000 people were injured in alcohol-related accidents in the US in 2003.  NHTSA defines fatal collisions as “alcohol-related” if they believe the driver, a passenger, or an occupant of the vehicle (such as a pedestrian or pedalcyclist) had a blood alcohol content (BAC) of 0.01 or greater. NHTSA defines nonfatal collisions as “alcohol-related” if the accident report indicates evidence of alcohol present.  NHTSA specifically notes that “alcohol-related” does not necessarily mean a driver or nonoccupant was tested for alcohol and that the term does not indicate a collision or fatality was caused by the presence of alcohol. On average, about 60 percent of the BAC values are missing or unknown. To analyze what they believe is the complete data, statisticians simulate BAC information. Drivers with a BAC of 0.10 are 6 to 12 times more likely to get into a fatal crash or injury then drivers with no alcohol.”

STOP

Let's analyze this carefully and see if we can gleen what is going on here.  I'll go point by point to make sure we're on the same page:

1. NHTSA puts out yearly statistics

2. they contend that 40% of all traffic fatalities are "alcohol related"

3. alcohol related "fatality" is defined by them as - driver, passenger, occupant or even a pedestrian, or pedacyclist has a BAC of 0.01 or greater.

4. alcohol related "non-fatalities" is defined by them as - alcohol is somehow present at the scene of the accident: including passenger compart; trunk of car.

5. alcohol related - as defined by them, does not imply that anyone was tested for a BAC.  60% of the reports they receive have no BAC tests whatsoever.

6. based on their experience NHTSA simulates the presence of BAC information - meaning they make it up with no evidence.

I have it on good authority, data present by a different source that says of all traffic only 2% is actually alcohol related.  This source also concludes that "driver inattentiveness" is the number one source of all traffic accidents.  2% is a far cry from 60%.

Follow the Money

The question is, why would the NHTSA put out such outrageous claims?  You know when you hear illogical facts like this, you must always say to yourself "follow the money".  Who is benefiting from these statistics?

The first benefactor of these statistics, that comes to mind, is MADD [ mothers against drunk drivers ]  However, MADD, if you look deeper are simply the simptom and not the root of the problem.  Yes MADD makes blunder after blunder like - nominationg a cop for cop of the year who then turns around and get arrested himself for drunk driving; or nominating a cop for cop of the year - who turns out is sent to jail for thousands of complaints of him stopping and sexually harassing female drivers; or worse putting out statistics showing how data shows drunk driving is on the rise and is the cause of huge percentage of accidents when in fact the source was in error and the true data wa nowhere near those numbers.

No MADD is not the root of this illogical process.  Next, it could be the state?  The state benefits from a plethora of fees and fines.  The police gets a cut of these tickets they right as direct support of their budget.  I'm sure that plays a heavy roll in them even stopping vehicles.  There is definately and incentive to do so.  I often see traffic cops one a month sitting in a parking lot stopping car after car.  When asked what they are doing, they tell you quite frankly, they are meeting their quota.  No the police are merely the thugs, the hired muscle in the process and the state benefits from these thugs, but that doesn't go to the heart of the problem.

In any situation where you are trying to follow the money, it always ends up at the feet of a private citizen or business, even if the government is involved.  Governmental involvement is simply the smoke and mirrors of it.

The person holding the smoking gun, that benefits from these statitics, that puts forth tougher DUI laws resulting in more fees and fines and Americans losing their freedom and going to jail are the private run jails and prisons.

Private prison is a booming, multi-billion dollar business.  Since 1971 privately held prisons have skyrocketed and has squirreled away billions from tax payers.

1. illegal immigration laws? - privately held prisons

2. dui laws? - privately held prisons

3. war on drugs laws? - privately held prisons

4. every major criminal law on the books? - privately held prisons

They have backed, started, encouraged and endorsed every piece of criminal legislation in every state since 1971.

The Solution to DUI

So what's the solution?  Well obey the constitution first of all.  A lot of these laws and legislations completely violate the constitution.  Next remove all incentive for cops to "meet their quota".  A police department shouldn't even be in the mindset to "run at a profit."  Lastly, sending a U.S. citizen to jail should be the last resort for DUI.  2% of all traffic accidents doesn't warrant the witch hunts.  2% doesn't warrant villagers with pitch forks and torches at the gate.  2% doesn't warrant a multi-million dollar ad campaign during the super bowl.

Sure it's tragic when a teenager dies from a drunk driver.  Sure it's tragic when a person is ruined financially from the medical bills from an accident.  However, it's also tragic that we are selling our own up the river when there is tampering with these tests results, outrageous claims of statistics and the highest rate of encarceration in the entire world, including communist China.

We don't need to be lied to.  We don't need to be sold a bill of goods.  We need to hold politicians feet to the fire and these quasi governmental agencies like the NHTSA from reporting bad numbers.  We are made to fear the roads.  We are made to be angry at drunk drivers and want to toss them in jail and throw away the key.

Let me put the numbers in perspective.  I am saying, out of 100 people who get into any car accident, fatal or not, only 2 people are DUI / DWI.  I repeat, 2 out of 100.  Does that bring it home for you enough?

Yes I am sad about those 2 people, but we are forgetting the other 98 people.

About the Author

Boundless Enterprise presents information for everyday use such as the Nevada DUI Attorney website. http://www.lasvegasnevadadui.com I am a recovering Law School student. Make sure to consult your lawyer for any legal information you ever read or hear about.

POLICE STATE - Proof Cops Are Just Government Revenue Agents With A Ticket Quota System

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The Driving Top Ten

I recently drove from the South to the Midwest and back again. It has been quite a while since I've driven a long distance (about 1,000 miles each way) and it caused me to remember why I don't like to take such trips anymore. We all have our own little idiosyncrasies for driving; for example, older people tend to move more slowly and cautiously than younger people who race pell-mell down the highway; and people tend to drive according to the customs of the geographical region they come from regardless where they currently are. Nonetheless, I have assembled a "Top 10" list of the basic driving habits that really irritates me and, if corrected, would make driving a lot more bearable for all of us. There is nothing earth-shattering here, just some observations on common driving deficiencies:

10. TURN SIGNALS - I guess I'm among the few people who still know what that little stick to the left side of the steering column is all about. It amazes me how many people do not use turn signals anymore. Maybe its because most of us are driving with one hand on the steering column and talking on a cell phone with the other. I guess letting another driver know where you are turning pales in comparison to asking Aunt Edna what to pick up at the grocery store. I tend to believe people who drive with a stick shift are more inclined to use turn signals as they are less likely to be talking on the phone as they are shifting (although I have seen it done). As trivial as the turn signal appears to be, it is a simple and effective means of communicating to other drivers what your intentions are, be it a turn or a lane change. But I think most drivers just want to keep others guessing what they are doing.

9. TAILGATING - You see this a lot in situations where younger and more aggressive drivers are frustrated with the old codgers driving below the speed limit. Its a little nerve-racking seeing someone draft another car like it was the Daytona 500. It makes you wonder why there aren't more accidents. Maybe the best way to overcome this problem is to assign times during the day when we are allowed to drive, thereby overcoming the problem of different driving speeds.

8. OBNOXIOUS TRAFFIC LIGHTS - This is more of a problem with the Department of Transportation than a particular set of drivers. I don't know who programs the traffic lights these days, but someone seems hell bent on gnarling traffic during rush hour. Maybe its a game someone is playing with us as to who can cause the biggest traffic build up. I've had people tell me that traffic lights are becoming very expensive. If this is true, maybe it would be more economical to replace them all with traffic cops who at least know what they are doing. I realize we have some pretty sophisticated computer technology to help us with traffic but I for one don't see how it is helping us. When it comes to traffic control, I still don't believe a computer can match the commonsense of a human being.

7. WEAVING - No, I'm not talking about drunk drivers driving erratically on the highway. Instead, I'm talking about the younger people who are weaving between lanes at breakneck speed, either on motorcycles or high performance vehicles. Weaving has become somewhat of a national pastime on our interstate highways, a dangerous game of "Chicken" that could kill not just the drivers, but the other innocent drivers who are trying to mind their own business as well. Why can't they just stay home and do this on their X-Box or Playstation as opposed to driving the rest of us crazy?

6. LOST "OUT-OF-TOWNERS" - You know what I mean; those people who are just plain lost and instead of reading a map, they are content to slow down at every intersection to see if this is the road they should turn into. Wouldn't it be nice if the out-of-towners simply drove in the right-hand lane with their emergency signals flashing to let us know they are lost and to avoid them? It will never happen.

5. RUBBERNECKING - This drives me particularly crazy as I have been tied up in miles of bumper-to-bumper traffic too many times only to discover that drivers were rubbernecking to look at some insignificant problem on the highway. I don't care if the problem is large or small, keep your eyes looking forward and drive the car. You can always read about the accident in tomorrow's newspaper. Hey, maybe that's it: Instead of sending out a tow-truck or emergency vehicle to the site of a problem, let's rush a news team to the site first so they can report on the accident which the other drivers can tune into on their radios.

Rubbernecking turns small problems into larger ones.

4. LACK OF COMMON COURTESY - How many times have we seen people cut off others, or someone not allow another driver to enter traffic? Far too many I'm afraid. I tend to believe how we drive is a reflection of our socialization skills. As opposed to cooperating, we tend to viscously compete on the roadways which, of course, leads to road rage. Wouldn't it be nice if we had some other signal to use other than the one finger salute?

3. SLOW TURNS - Lately I've been seeing a lot of drivers who don't seem to know how to make a turn. Instead of just slowing down a bit before making their turn, I'm seeing people come to almost a standstill; kind of like having an invisible red light they are obeying. I hope they are not seeing something that I'm not.

2. EXPRESS LANE DRIVERS - Another name for the express lane is "passing lane" which perhaps more accurately describes the intent of the left lane on our highways. It disturbs me when it isn't used for this purpose. For example, some people get into the express lane and do nothing more than the speed limit, if that. They act like a pace car when the danger flags are out. I don't know why they do this other than they want to deliberately irritate the other people driving around them. It is kind of like them saying prissily, "Well the speed limit is 55 and I'll be damn if I'll let anybody go faster than that." I just wish I had a James Bond type of car where the rear axle would extend with knives on the end to rip out their tires.

1. CELL PHONES - Well, Duh!! What did you think my number one would be? I wish I had a jamming device which would shutdown all cell phones around me when I'm driving. This would force the other drivers to use both hands on the wheel and concentrate on traffic.

The rules and regulations of the road are really not that complicated. I remember when I first took the written test when I turned 16. The one section I found humorous is where they asked you to identify various street signs. For the "Crossroad" sign they gave you the following multiple choices: 1-Crossroad ahead, 2-Church ahead, 3-A person died on this spot. I wonder how many people got this wrong? Interestingly, I remember the Valedictorian of my High School class (a real "Brainiac") failed the written test three times. I guess he was looking for the meaning of life in a stop sign.

Driving should be a simple and pleasurable experience. Unfortunately, it's not. It seems we go out of our way to misinterpret the rules or devise our own on the fly. Which makes me wonder who is passing out the drivers licenses: 1-Homer Simpson, 2-American Foundation for the Blind, 3-Your local gas station attendant (Hint: we haven't had gas station attendants in 30 years).

Back in 1965, CBS aired the National Drivers Test during prime time, the purpose of which was to educate adults and try to determine the level of driver competency. This was well received and helped improve awareness of basic driving techniques. Sounds like it's about time CBS ran it again.

About the Author

Tim Bryce is a writer and management consultant located in Palm Harbor, Florida.
You can find his work on the Internet at:
http://www.phmainstreet.com/timbryce.htm

He can be contacted at: timb001@phmainstreet.com

Copyright © 2007 Tim Bryce. All rights reserved.

How to Fail a DUI Test

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Why You Should Wear a Seat Belt

Although wearing seat belts is the number one safety measure when it comes to traveling in a vehicle, accidents still happen due to seat belts not being worn. Drivers and passengers do not wear seat belts for many reasons. Some forget to wear them, while others are just plain lazy to put on seat belts. After some time, this becomes a really bad habit.

Accidents can happen any time, any day. Some may be minor accidents, and some may be severe accidents. Drivers who don't like wearing seat belts often say that accidents don't happen to them if they are careful enough. But nothing can be further from the truth. Accidents do happen even to the most cautious of drivers. This is because sometimes, accidents are caused by factors that are beyond the control of the drivers. For example, another drunk driver may be the cause of the accident.

So seat belts are there to help protect the drivers (and whoever are in the car) at the moment when accidents happen.

When a crash occur, especially if a car is traveling at high speed, all passengers in the car are flung forward as the car comes to a sudden stop. When this happens, the fragile human body can sustain multiple injuries. For instance, the head may hit the dashboard, causing injury to the neck area. If the force is great enough, the body may even be sent flying through the windscreen. Such accidents are most likely to be fatal.

So the safety belt helps to safe guard the lives of the passengers should there be an accident. Even when there is a great impact, the safety belt will be able to prevent the body from being flung forward. For serious accidents, the belt may save a driver's life.

Due to the importance of the safety belts, car manufacturers are required to abide by strict safety rules and regulations. Tests are often conducted in laboratories, under controlled environments. Sometimes, video footages of test results are released to the public to remind drivers to wear seat belts when driving. Such video footages often show what happen to crash dummies on the point of impact. In the lab tests, the bodies of the crash dummies are often shattered to pieces during a crash. Hopefully, these video footages can help deter drivers from neglecting their seat belts. After all, the human body is protein based, and unlike crash dummies, there is a soul in that body.

Accidents are unfortunate incidents, but they do happen. Not only do they cause damage to the physical bodies of the victims, they also cause undue distress to family and friends. What do you think will happen to a family if the sole bread winner is handicapped because he or she has forgotten to wear a seat belt? The consequences are dire.

So make every effort to wear safety belts the next time you drive.

About the Author

If you have suffered an injury from the result of a road accident, get in touch with BGRBloomer. BGRBloomer specialise in road accident claims and have represented thousands of clients succesfully. BGR Bloomer are one of the UK's leading personal injury claim solicitors.

A Failed DUI Test

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Person Driving Drunk Kills A Man And Runs From The Accident in Porterville

The 23-year old drunk driver was in a car that recklessly turned in front of the motorcycle at the last minute. The motorcyclist did not have time to react and hit the car, resulting in the accident. The motorcyclist was not killed instantly, but died a short time later. Rather than stop to help the victim of the accident, the drunk driver of the other vehicle drove away, leaving the injured man to suffer alone in the street.

The driver of the vehicle was later apprehended by police officers, and it became apparent why he had fled the scene of his crime. The man was not a licensed driver and was determined to have been drunk at the time of the accident. To the disappointment of the family members of the fatal victim, the drunk driver has only been sentenced to one year in jail for the accident he caused. Following his stay in jail, the man will be required to pay for and attend a substance abuse treatment program and will not be allowed to leave the state of California for a certain period of time. This, however, still leaves the family of the victim feeling unjustified in the death of their loved one.

Perhaps the most significant and distressing aspect of this accident is that the man who died was not doing anything wrong. He was driving safely and according to all traffic laws, and it was only by the reckless behavior and negligence of another person that he was injured and killed. The drunk driver in the vehicle that caused the accident, in contrast, was going too fast and driving completely recklessly while under the influence, yet he sustained no serious injuries of any kind and received a proverbial slap on the wrist in court with a mere one year sentence in jail. His stay in jail will also not satisfy the financial demands that have likely been placed on the victim’s family as they’ve faced the heavy expenses that are unavoidable in funeral arrangements.

If you have a family member that has been seriously injured or killed by a drunk driver, you should get a personal injury attorney. Los Angeles Personal injury attorneys help the family members of victims receive monetary compensation for the pain and suffering they’ve been forced to endure. In this instance, the 48-year old man had a wife and children that relied on him to be the breadwinner of their family. He also left behind parents and siblings that are likely helping to pay for his funeral expenses. The loss of income that his family is likely experiencing and the expensive funeral arrangements that they’ve already been required to pay were the direct fault of the <a href="http://www.robertreeveslaw.com/CM/TrafficAccidents/Motor-Vehicle-Accidents.asp">Los Angeles car accident lawyer</a> who caused his death, and should therefore be paid by him.

About the Author

Joel McLaughlin
Learn more info about Los Angeles personal injury lawyers here.

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