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Archive for the ‘Drinking Law’ Category« Older EntriesIntoxicated Driver in Clinton Hits Patrol Car during DWI StopPosted on Oct 19, 2011
A resident from Clinton was taken into custody for drunk driving following a collision with a law enforcement vehicle belonging to the Oneida County Sheriff. The marked law enforcement vehicle had stopped another car on the side of the rode before Robert J. Rowland, a man in his mid-twenties, allegedly hit the cruiser. The Driver Was Apparently IntoxicatedAccording to the deputies, Rowland was traveling southbound in the far right lane of an arterial road adjacent to Burr stone Road, when this incident took place. Rowland failed to apply proper care when moving to the right lane where the law enforcement unit was parked with flashing red emergency lights. He zeroed in on the unit due to his apparent inebriation. Deputy was assisting on another DUI StopDeputy Jay Sorrentino, was the officer in charge of the law enforcement vehicle that took the brunt of Mr. Rowland’s incursion. The deputy was not in the unit at the time of the collision as he was assisting a second deputy with the arrest of a DUI suspect. Rowland decided that Deputy Sorrentino did not have enough to handle so he chose to increase the deputy’s paperwork load. There was no comment by the sheriff’s office on any possible over time caused by the incident. However, this does not rule out the possibility of collusion between the deputy and Mr. Rowland who also could not be reached for comment. Air Bag Saves the Drunk DriverMr. Rowland’s car slammed into the left rear of the unit, knocking the helpless vehicle over a curb and into a railing that was placed on the side of the road to prevent vehicles from tumbling down an embankment. Rowland’s air bag seemed to be in working order and protected him from getting serious injuries. His vehicle came to a stop in the left-hand lane. The Collision Caused a Road ClosureThankfully nobody was hurt; however two cars were seriously damaged and were last seen being towed off from the area. Other drivers had to find another route home as the road had to be closed for over an hour. Brand New State Law to Be TestedRowland will get a chance to hire a lawyer to test the constitutionality of the state’s new Ambrose-Searle’s “Move Over Act” that got implemented at the start of the year. DWI law, which he apparently violated, was made to prosecute drivers that endanger the lives of Deputies Officers, and Emergency workers as they do their jobs along the sides of the states roadways. If convicted of this violation and DUI, Mr. Rowland will face possible jail time where he will be able to sit and contemplate his next excursion, preferably without the aid of intoxicants. DUI, Drinking Law, Drunk DrivingNo Comments »Drunk Driving DUI DUI Arrest DUI Laws DUI Lawyer DWI Stop Intoxicated DriverHow to Stop Binge Drinking in Colleges? – A Student’s PerspectivePosted on Sep 28, 2011A lot of attention has been directed towards the issue of binge drinking on college campuses. However the students perspective on the effects of binge driving can hardly be found. Binge drinking has been defined by some as “people drinking an extremely large amount of alcohol in a small amount of time”, but there is no universally agreed upon definition of binge drinking. This is a cause of concern as the underlying causes and solutions to control binge drinking can only be devised once the term has been defined. Binge Drinking Is Not a Simple Notion to Understand For StudentsTo date, the number of drinks one must consume in one sitting for it to be regarded as binge drinking incident have not been pinned down. Experts cannot agree on the volume of drinking and the time period for binge drinking episodes. Recently a survey of college students was published that stated that the majority of co-eds believe that binge drinking constitutes drinking 5 or more standard drinks for men, and 4or more for women, in one hour. However this definition is indistinct and there are variables that are not taken into account in this definition. Drunk driving can be defined by the results of a test of bodily fluids, or motor skills, however binge drinking avoids easy definitions. The Dilemma in Passing Tough Binge Drinking LawsIf a college student attached a funnel to a keg of beer and attempted to consume its contents, would this be considered as binge drinking? Most people would think so. However, it does not fit the definition of binge drinking according to college students surveyed. Think about the unpredictable results of the above action. It could lead to anything from death via alcohol poisoning to a student waking up with a hangover the next morning. This example reveals how hard it is to pass a law against such actions with offers such mixed results after completion. No Legislative Solution Possible to Curb Binge DrinkingLike students most lawmakers see the dilemma of this solution and realize how unfeasible it is to find a person guilty of binge drinking without an agreed upon definition of the problem. In addition, many students see binge drinking as a problem that only affects the drinker. If they get behind the wheel of a car, there are already laws that cover drunk driving; also there are laws against public drunkenness and underage drinking. Therefore, this problem seems to defy legislative solutions. A Drinking Deterrence Approach– The Only Way to Stop Binge DrinkingSome experts suggest that in order to stop binge drinking, laws targeting drinking specifically will have better results. Considering this, many students have proposed that campuses begin efficient anti-alcohol consumption programs to curb binge drinking. Community Effort is Required to Curb Binge DrinkingIt appears that the solitary solution to stop binge drinking will be a change in societies’ view on consumption of alcohol in general. Limiting or ending this kind of conduct requires community effort as this is something that students cannot manage by themselves. Alcohol, Drinking Law, Teenage Drunk Drivers, Underage DrinkingNo Comments »Alcohol Binge Drinking Colleges Drinking LawsMinimum License Suspension for 1st DWI Offense in Popular StatesPosted on Dec 06, 2010Almost every state in the union has made it an offense to operate a motor vehicle with a blood alcohol level of .08 percent or above. The minimum license suspension time for the 1st DWI offense in the popular states varies. License Suspension Common in Most StatesLicense suspension, which refers to the loss of driving privileges for a certain amount of time, is a common penalty for DWI in many states. This is called administrative license suspension, which means that the driver’s license can be suspended while they are only charged with DWI and yet have not been convicted. The procedures involved in the administrative license suspension are separate from the criminal court procedures. However, the arrangement of this kind works very well in most of the states. Minimum Suspension Times for DWI First OffenseStates that suspend license for 90 days are:
States with Longer Duration of Minimum License Suspensions States that suspend license for 180 days are:
The remaining states either suspend the license for a shorter span of time or they do not suspend those licenses administratively. Administrative License Revocation and Administrative SuspensionSince the majority of the states perform these administrative suspensions, there are states that use the term revocation instead. DWI lawyers call it Administrative License Revocation (ALR) or Administrative License Suspension (ALS). Basically it’s the same administrative process because the legal ramifications are same in the majority of the states all over the country. Burden of Presenting Proofs with Administrative Suspension HearingsThose who have been placed on administrative suspension need to remember that the proof must be provided at any hearing. This makes it easier for an individual to get their license restored at the administration hearing, which takes place before any criminal trial. Legal Representation after the Administrative License SuspensionSeeking proper legal representation is vital while looking for a license’s restoration lost due to the administrative license suspension. So if you face DWI charges you should hire a DWI defense lawyer immediately after it. DWI Issues, DWI Laws, Drinking Law, Drunk DrivingNo Comments »DWI offense License Suspension |
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