Rodney's DUI Talk

sentences for dui in florida

U.s. Has 7.2 Million Under Criminal Supervision!

I wish to digress for the purposes of this article from being your Florida D.U.I. Lawyer to that of simply a lawyer. Recent statistics suggest that in the United States of America there are roughly 7.2 million individual under supervision either in state or federal prison, county jails or on probation or parole. In a country of approximately 300 million this would mean that you either know someone under this supervision or you know someone who has a family member or friend under supervision.

Why the dramatic increase in incarceration rates? Both the US Congress and the individual state legislatures pass more and more laws designed to incarcerate individuals for longer terms of imprisonment. Another reason is that theses elected officials in their rush to look and act tough on crime are increasingly stripping judges of sentencing discretion. Example, I bet most of you think that President Bill Clinton was a liberal. Did you know that under his presidency, black men were lock up at a faster rate and for longer periods of time than at any other point in the history of the United States!

What do you think it means? Well, for one thing it means that law enforcement almost always gets the increased budget that it wants (similar to the U.S. defense department). This is because law enforcement is always screaming that more money is needed to keep the population safe (similar to the defense department or Fatherland Security) from criminals. It also means that essentially a permanent sub- class is being created! In this day and age when an individual leaves prison (same with a county jail or parole and some probationers) he leaves with a record. This means that when a job search is conducted and application is filled out for employment the potential employer becomes aware of the status. How much weight will a potential employer actually give to an individual with a conviction on their record? In all probability the employer will hold it against the individual and not give the person a chance. So consider a person is released, perhaps without a support system in place, he is unable to gain employment, and since he is unable to gain employment he is unable to feed himself or unable to afford a place to live. What do you think he will do next? Do you think it is possible that a criminal act might be committed?

Another reason for the increase in prison population is that this country continues to build prisons and county jails at a rapid pace. Often the contracts to build and run a jail or prison are handed out to private companies. So millions upon millions in taxpayer money are handed out to build jails and prisons that maybe we don’t need!. So when the prisons and jails are finished what then? Well you have to fill them up!  There are actually counties in the State of Florida where the main source of employment is the prison system! It is the old use them or lose them argument!

It just seems to me that maybe it’s time for another approach. Maybe something new needs to be tried. Maybe if more money was spent on education and job training and job creation. For example, while in prison the offender earns a Microsoft certification certificate and upon release the state has contracts with private employers to employ the offender for up to two years. At the end of two years an evaluation is performed by both the private employer and the State to evaluate the performance of the offender. Do you think that maybe the recidivist rate may go down? It just seems that a country that can spend 12 billion dollars a month on a meaningless conflict can find alternatives to the present system.

Please feel free to visit my websites at www.duilawyerofpalmbeach.com and www.expungemyfloridaarrest.com.

Copyright 2008, by Timothy Foster. All rights reserved!

About the Author

Mr. Foster holds a B.A. in Political Science, a B.A. in Legal Studies and a J.D. in Law. Mr. Foster is a member of The Florida Bar and practices primarily in the areas of criminal defense with a special emphasis on defending D.U.I.s and in the area of Family Law. He maybe reached at 561-616-8700 7 days a week. Feel free to visit his blog at http://floridaduidefense.blogspot.com or his website at www.duilawyerofpalmbeach.com and www.expungemyfloridaarrest.com.

DUI Lawyer in Florida - What penalties do I face if I am convicted?

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John Musca Law Background

John Musca
Florida Drunk Driving Statistics

n Florida, the percentage of alcohol related fatalities peaked in 1983, while the actual number of alcohol related deaths peaked in 1986 and the lowest number of drunk driving deaths occurred in 1997. In 2006, out of all traffic fatalities, 29% involved a blood alcohol concentration (BAC) of 0.08 or higher, with 959 fatalities, which was a big drop from the year before.

All 50 states in the US now apply two statutory offenses to operating a motor vehicle while under the influence of alcohol. The first (and original) offense is known either as driving under the influence (DUI), driving while intoxicated/impaired (DWI), or operating while intoxicated/impaired (OWI). This is based upon a police officer's observations (driving behavior, slurred speech, the results of a roadside sobriety test, etc.)

The second offense is called "illegal per se", which is driving with a BAC of 0.08% or higher. Since 2002 it has been illegal in all 50 states to drive with a BAC that is 0.08% or higher.
Year

Florida alcohol fatality stats
John Musca Law
It is important to note that the Florida drunk driving statistics, as shown above, include data from individuals who were in an alcohol-related crash, but not driving a motor vehicle at the time. The U.S. Department of Transportation defines alcohol-related deaths as "fatalities that occur in crashes where at least one driver or non-occupant (pedestrian or pedalcyclist) involved in the crash has a positive Blood Alcohol Concentration (BAC) value."

The fatality rates shown above refer to the number of people killed in all traffic accidents and, separately, in alcohol related traffic accidents, per 100 million vehicle miles traveled.
John Musca

Criminal status of DUI laws in Florida

In Florida, 1st and 2nd offenses are misdemeanors, 3rd or subsequent offense is a 3rd degree felony. Citation:§§316.193 & 775.082(2)

Sources for Florida drunk driving information and statistics

US Dept. of Transportation, National Highway Traffic Safety Administration, 12/02
(2) National Conference of State Legislatures, 2004

About the Author

John Musca

Multiple DUI Arrests In Tampa, Florida

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funny drunk driving video clips

where can I find an archive of funny car commercials involving a SUV and a super sludgey cup of coffee?

This SUV commercial aired a few years back and has a really tired man who drinks the ultimate cup of coffee in order to keep driving his SUV. I need a video clip of it for a birthday gift. (PPT presentation for my 70 year old father.)

Try ask.com......it used to be askjeeves.com.....type in your question....and presto....it'll either give you the answer or tell you how to find it!

Funny DUI

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drunk driver checkpoints

Madd' Campaign Against Drunk Driving Gains Momentum

Mothers Against Drunk Driving (MADD) has today announced significant state legislative victories in Arizona and Illinois that mandate alcohol ignition interlocks for all convicted drunk drivers, moving one step closer to its goal of a drunk-driving free America. The legislative progress is part of a bold new offensive in MADD's Campaign to Eliminate Drunk Driving, launched in November 2006.

"Our vision of eliminating drunk driving is one step closer to becoming a reality," said MADD National President Glynn Birch. "As part of MADD's Campaign to Eliminate Drunk Driving, we will continue to work nationwide until every state does what Arizona and Illinois have done."

MADD is likewise calling for congressional hearings to create a comprehensive strategy built upon solutions proven to work. MADD's National Board of Directors met recently with members of Congress to champion the Campaign to Eliminate Drunk Driving and lobby for increased focus on the issue of drunk driving.

The need for the Campaign to Eliminate Drunk Driving has been underscored by a recent federal report showing that drunk driving deaths are at their highest point since 1992, according to preliminary figures.

According to the National Highway Traffic Safety Administration, fatalities involving a driver with a .08 blood alcohol content or higher rose from 13,613 in 2005 to 13,990 in 2006, representing almost a 3 percent increase. At the same time, overall traffic fatalities were down slightly by 0.3 percent.

The Campaign to Eliminate Drunk Driving’s four elements include full implementation of alcohol ignition interlocks for all convicted drunk drivers, intensive high-visibility law enforcement, development of advanced vehicle technologies to prevent drunk driving and grassroots support led by MADD and its 400+ affiliates.

"It's clear that more of the same will not help in the fight to make our roads safer," Birch said. "We still have states without the most effective tools in place to deter and stop drunk driving -- sobriety checkpoints and ignition interlocks. These tools stop higher-risk offenders and first-time drunk drivers. There is no justification for not using the tools we know will save lives and prevent injuries."

Last year, nearly 14,000 people were killed by drunk drivers with an illegal BAC of .08 or above and countless others were injured. This represents more than 1,000 families every month that must live with the tragic consequences of drunk driving.

That’s right. Brand new Honda headlights won’t really make any difference if you’re driving drunk.

About MADD

Founded in 1980, MADD's mission is to stop drunk driving, support the victims of this violent crime and prevent underage drinking. MADD is a 501c(3) non-profit, grassroots organization with approximately 400 affiliates and 2 million members and supporters nationwide. For more information, please visit http://www.madd.org/ or call (800) GET-MADD.

About the Author

Ally Wahlberg is a Computer Information Systems specialist. Ally leads an active lifestyle and he is a fan of extreme sports. He is also a car enthusiast and writing about his interests is one of his passions.

DUI Checkpoints- The danger of a police state

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second offense drunk driving in michigan

Michigan Drunk Driving Accidents & Dram Shop Laws

The number of alcohol related car accidents in Michigan is staggering.  In 2008 alone, there were 379 fatal accidents related to alcohol and drug related offenses.  In that same year, there were over 47,000 alcohol and drug related driving arrests in Michigan.  In addition to the fatal car accidents, there were a significant number of serious injuries caused by drunk driving accidents.

The victim of a drunken driving accident has the right to sue the drunk driver and the owner of the vehicle for injuries and damages caused by the accident.  In addition to these civil claims for compensation against, an injured victim (or family members of a deceased victim) may have a claim for damages against a retail liquor licensee that sold alcohol to a drunk driver.  An example would be a bar that served alcohol to the drunk driver. These claims are brought under, and controlled by, the Michigan Dram Shop Law.  In many circumstances, these claims result in significant additional compensation to the victim.

In order to pursue a claim against a bar (or other retail liquor establishment) under the Dram Shop Law, the injured party must prove that the injury or death was caused by a retail licensee’s unlawful selling, giving, or furnishing of alcohol to a “visibly intoxicated person” or a minor.  Visible intoxication is intoxication “apparent to an ordinary observer.” Furnishing intoxicants to a minor (a person younger than age 21) is per se unlawful and visible intoxication need not be shown.

Under Michigan case law, you must establish that the person was visibly intoxicated when served alcohol through eyewitness testimony.  This requires identifying and locating other people who were present at the time and obtaining testimony from them on how the person looked and acted at the time.  It is important to choose a lawyer as soon as possible after the accident so that an investigator is hired to locate all potential witnesses.

There are shortened time limitations in which to bring a claim against a liquor licensee under the Dram Shop Act. First, there is a 120 day notice provision which requires the victim to send written notice to the licensee within 120 days of retaining an attorney. Second, a dram shop lawsuit must be filed in the proper trial court within 2 years after the injury or death.  It is also necessary to name and retain the drunk driver in the lawsuit.  This is another reason why it is so important to choose your lawyer as soon as possible after the accident.

The Dram Shop law controls liability in cases involving retail liquor licensees.  There are, of course, circumstances in which a drunk driver was furnished alcohol at a private residence, party, or event.  In those circumstances,  Michigan law can impose liability under what is called “Social Host Liability.”  Social host liability is the potential liability of a person or an entity other than a retail licensee for the unlawful furnishing of alcoholic beverages. The liability of a social host in Michigan has been recognized only in the case of providing alcohol to a minor.

The "social host" must knowingly provide alcoholic beverages to a minor or have failed to diligently inquire whether the individual was less than 21 years old. The Michigan Courts have held that the social host must actually provide the alcoholic beverages and not just the setting in which the alcohol is consumed. However, if the minor is under 18, the parents may have a duty to supervise the minor children and this can provide the basis for a lawsuit.

About the Author

Lawrence J. Buckfire is a Michigan personal injury, car accident, and medical malpractice lawyer. He is the author of several books and has achieved the highest possible rating for ability and integrity in the legal profession. For more information on his firm visit http://www.buckfirelaw.com or call at (800) 606-1717.

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