What is a DWI Court?

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If you have been arrested and charged with a DWI in Missouri, there are some options that may help you avoid incarceration. DWI court is a program that allows you to get treatment for your alcohol or drug use disorder.

If you are facing a DWI, it’s important to contact an experienced Missouri DUI attorney as soon as possible. They will analyze your case and driving record to determine if DWI court in Missouri is right for you.

What is a DWI?

A DWI is an offense that involves driving while intoxicated or impaired by alcohol or drugs. This offense is a serious charge that can put your life on hold and leave you with a criminal record.

The National Highway Traffic Safety Administration says that 30 people die in drunk-driving accidents every day. This is why it’s important to know your rights and what to do when you’re stopped by a police officer for a DWI.

Depending on your age, you may face a DWI charge for operating a vehicle while under the influence of drugs or alcohol. In Missouri, you can also be charged for a DUID, which stands for “driving under the influence of drugs”.

If you’re arrested for a DWI in Missouri, contact the attorneys at The Missouri DWI & Criminal Law Center right away. Our team of experienced lawyers will work to fight for your freedom and defend you from the charges against you.

What are the penalties for a DWI?

A DWI in Missouri is a criminal charge that can result in jail time, fines, license suspension or revocation, probation, community service, and mandatory enrollment in alcohol school. The penalties are based on the severity of the charges.

A first offense DWI results in a minimum of 90 days of license suspension, which can be shortened to 30 days with the installation of an ignition interlock device. A judge can also suspend the sentence if you have no prior alcohol-related traffic offenses.

Second DWIs are usually a class A misdemeanor. However, if you have a first DWI and a subsequent one within 5 years, the charge will be classified as a “persistent offender” offense, which means it is a class D felony.

In addition, drivers of commercial motor vehicles have a heightened standard with which to comply when they drink and drive. If you refuse to take a breath test when pulled over for driving while intoxicated, you can be disqualified from using your CDL for one year.

What are the benefits of a DWI court?

DWI courts are specialized, post-conviction programs that focus on changing a defendant’s behavior due to alcohol dependency and/or severe abuse. They are typically implemented by a unified court system, with a staff of judges, treatment practitioners, probation officers, and other professionals.

A centralized approach to supervision and treatment ensures that offenders are monitored closely to avoid re-offense and to deter the use of drugs or alcohol. Individualized sanctions are also used to address behavior issues as they arise.

These individualized treatment and supervision models have been shown to be effective in reducing recidivism, saving money, and helping the community become safer. However, these results must be backed by a credible evaluation (see NADCP guiding principle 9).

The best way to evaluate a DWI court is to study its data over a long period of time. This will allow a DWI court to prove its effectiveness, which can then be used to convince the community of the program’s efficacy.

How do I know if I’m eligible for a DWI court?

If you have been charged with a DWI in Missouri, it’s important to know whether or not you qualify for a DWI court. A DWI is a criminal charge that involves proving beyond a reasonable doubt that you operated a motor vehicle while intoxicated.

In Missouri, a DWI is typically prosecuted as a Class B misdemeanor. This means that you will face up to 180 days in jail and a fine for a first offense.

The penalties for a second DWI are much more severe, and it’s important to talk to an experienced attorney about your case before you decide to plead guilty or take the matter to trial.

You also need to know that if you refuse to take a breath test or a blood alcohol content test, your driver’s license will be automatically revoked. Moreover, you will have to go through an administrative license hearing.

Mike

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Common Mistakes When Hiring a DUI Attorney in Grand Rapids & Wyoming

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Don’t Make These All Too Common Mistakes When Hiring a DUI Attorney in Grand Rapids & Wyoming

Hiring any such legal person may be complicated, people do have some common mistakes to make which should be avoided to help better selection and to help you out, we are going to discuss them to clear things and settle them out. 

However, you can also take expert advice for which simply you can look to connect to a Grand Rapids & Wyoming criminal defense attorney who can help you with the right selection to make your case strong at court and make sure your legal accusation can be cleared. 

In case of more severe DUI angles, you can take smart advice from specialists for which you can consider a Grand Rapids & Wyoming DUI attorney who can help you with close angles and can take smart views and tips to have the right selection to hire an attorney for your case. 

Before you try to avoid most elemental mistakes while hiring any such attorney, there are a few things to consider and they may include: 

  • Level of charges applied against you 
  • Evidence that makes you stand in the legal term 
  • Terms to check-in process to clear charges 
  • Cost, measure, and experience of the attorney 

And these are a few things that do make such steps critical so you need to check for the first and then clear out basic terms to cover such a process and hire such an attorney smartly. 

Personal debate 

The first thing you won’t do as a minimal step against your own position is to debate with such an attorney, it’s not good for you to leave in front and such lawyers are very straightforward in legal terms so you have to make sure that while you go for the hiring process, it’s better to stay calm and make sure technical things are clear from both sides for resolution.

Questioning status 

In another case, while a person starts to hire an attorney for a DUI case, he or she is not fit to ask status, but if you do wish to, try to find your means or cross-check elemental arguments, then it can make matters critical so you better need to not ask such things which can affect you. 

Showing your budget 

No matter whatever financial cover you have, it’s never good to show off all budgets, a lawyer or an attorney can see his or her own ways to benefit and can extend the legal term that long so it can cost you hard, so it’s always good not to make such a mistake to show the entire budget. 

Allocating criminal charges 

However track record may show you how such an attorney has performed, you may be able to find out criminal charges and it’s better you drop out such person instead of asking to be hired and also claim for criminal charges allocated so it may only make matters worse and may leave you in very close proximity of being punished at court. 

Proving attorney wrong 

Lastly in the process of the case when arguments go on, scrutiny takes place and your attorney fight for you, sometimes the heat of the moment goes up and you make the attorney prove wrong which makes him or her leave the case in the midst and cause you a more heavy lump sum to find a new one, so you have to go well with process and fix prior calls. 

Conclusion

Measures can step in to choose smartly when hiring any such attorney but you need to be tipped by an expert first and for that, you can consider a Grand Rapids & Wyoming criminal defense attorney who can help you search outsmart ones and avoid common mistakes done while selecting the right person. 

However, in DUI cases things can be more complicated, you need experts in a special field to cover elemental mistakes, and to help you further it’s better to consider aid from a Grand Rapids & Wyoming DUI attorney who can help you choose the right person and hire the perfect legal expert for your professional case.

Mike

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A Reputable DC DUI Attorney Can Help You Avoid a License Suspension

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If you have been arrested and charged with a DUI, you need to know that you have rights. You should be able to challenge the accuracy of the evidence and the admissibility of any other evidence. This can be very important in your fight for lessened charges or even a dismissal.

Avoid suspension of your driver’s license

If you are arrested for a DUI in the District of Columbia, you have the right to a hearing. Your attorney can help you to avoid a license suspension. A reputable DC DUI lawyer can provide legal counsel and help you fight your charges.

Before you go to the DMV for a hearing, contact an experienced defense attorney. You can also conduct your own research to ensure you have the information you need. It is also a good idea to get a copy of state laws. The laws are subject to change, so it is important to be familiar with them.

Your attorney will be able to explain the process and answer any questions you have. He or she will also provide you with the tools to fight your DUI charge. For example, a skilled DC DUI attorney can provide you with additional evidence to contest a DUI case. Statute of Limitations DUI Georgia

In the event that you have been arrested for a DUI, you must apply for an administrative hearing within ten days of the arrest. Failure to request an administrative hearing within this time frame will result in a license suspension.

Fight for reduced or even dismissed charges

If you have been charged with driving under the influence (DUI), you should immediately seek legal counsel. You may face serious penalties, including jail time. A skilled DC DUI attorney can help you get the best possible outcome for your case.

There are various factors that can lead to a reduced charge or dismissal. Some of these include:

Refusal to submit to a blood alcohol analysis is a common reason for a license suspension. The DC Department of Motor Vehicles has the ability to suspend a driver’s license for up to three years. However, a request for a hearing can be made within 15 days.

Using the correct legal tactics to fight your DUI charges can be difficult. In addition to challenging the validity of the evidence, an experienced DC DUI attorney can provide you with additional evidence to strengthen your case.

An experienced DC DUI attorney can also help you understand the complex DC Superior Court system. Your lawyer can also prepare you for the court hearing and represent you at trial.

Fight to decrease the impact of a DUI conviction on your permanent criminal record

Having a DUI conviction on your record can have a negative impact on your life. It can mean losing your driver’s license, a loss of employment, and a reduced income. If you’re facing a DWI charge, you’ll need a skilled attorney to help you minimize the consequences.

A DUI will be recorded on your permanent criminal record for the rest of your life. This means that you’ll always have to disclose it to employers when you apply for jobs. While some employers may accept your job application, others will require a criminal background check. Also, a DWI can affect your ability to travel internationally. You might also have to install an ignition interlock device in your vehicle. Even worse, a conviction could prevent you from getting a new license.

Hiring an attorney is not a guarantee of success, but it can give you more options than you would have on your own. Often, a Riverside DUI lawyer can reduce your sentence or have charges dismissed.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Prescription Drug DUI Defenses in Georgia

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Whether you’re a first timer or a seasoned driver, prescription drug DUI charges can be difficult to defend against. You may be asking, “What are the defenses for Prescription drug DUI in Georgia charges?” Here are a few things to consider.

Legal implications

Taking prescription drugs can be a risky proposition. The effects of some prescription drugs can be similar to those of alcohol. While they may not cause intoxication on their own, they may be detectable in a breath test or urine sample. This can lead to a DUI charge.

Prescription drug DUIs are not a new phenomenon. Law enforcement officers have been paying close attention to these types of cases for some time now. This is good news for the driver in question, because there are legal defenses available. In many cases, a person may not be guilty of driving under the influence of prescription medications, if they were only taking the medications prescribed to them.

A blood test can also reveal if prescription drugs are present in the system. However, the blood test is not the same as proving impairment at the time of the traffic stop. If you are charged with a prescription drug DUI, you should speak to a qualified attorney. A qualified attorney can refute test results and provide a legal defense.

Penalties for a conviction

Taking prescription medications can impair a driver’s ability to operate a vehicle. This can lead to a DUI charge. If you have been accused of driving under the influence of prescription drugs, it is important to consult with a criminal defense lawyer. You may be able to fight the charges and avoid the harsh penalties.

During a prescription drug DUI arrest, the officer may request a blood or urine sample. The sample is then evaluated to determine if you were driving under the influence of the drugs. If you are found to be impaired, the prosecutor may introduce testimony from an expert on drug recognition. The court may also request a separate field sobriety test.

If you are convicted of a prescription drug DUI, you may be subject to a license suspension, fines, and court costs. You may also be required to perform community service, enroll in drug education classes, and undergo substance abuse counseling.

Defenses available

Using prescription medications while driving can be a very expensive mistake. It may involve a fine, loss of driving privileges and even a loss of your job. It also requires an experienced DUI attorney to navigate the perils of the road. Fortunately, there are a number of prescription drug DUI defenses to choose from.

In the drug DUI world, there is no hard and fast rule of thumb as to what constitutes the legal limits. Some states have specific rules governing prescription drugs, and a blood test is not enough to make the grade. For example, a blood test might show a prescription for one drug, but that’s it.

The most important prescription drug DUI defenses to remember are to avoid taking your prescription drugs while driving. Some states have a higher penalty for using illegal drugs while driving. If you have a child under 14 in the car, the penalties may be even harsher.

Symptoms of a prescription drug-related DUI

Whether or not a person should be taking prescription drugs is a matter of opinion. In some cases, drugs can be safe to drive, while in others, they can cause dangerous side effects. Prescription drugs have many side effects that can be dangerous to both the patient and others on the road.

The best way to avoid being arrested for a DUI is to not drive while under the influence of a prescription drug. The same holds true if you are consuming alcohol. Depending on the state you live in, the legal ramifications could include fines, community service, and even imprisonment. Taking prescription drugs can be dangerous, and can be even fatal if not taken properly.

The best way to determine whether or not you should take a prescription drug is to consult with your physician. This is especially important if you take narcotic analgesics. Narcotic analgesics are commonly prescribed in a variety of scenarios. You may need them to treat a condition such as back pain or arthritis, or you may need them for recreational purposes. Your physician should be able to answer your questions and advise you on whether or not your prescription medications are safe to drive.

Possible defenses to a prescription drug DUI charge

Those who are accused of driving under the influence (DUI) of prescription drugs may have several possible defenses. The prosecutor must prove that the driver was impaired and that he or she could not operate a vehicle safely due to prescription drug use.

Many people who take prescription medication have no problems with the drugs. In fact, some people are taking the medications for years without experiencing any negative side effects. If you are charged with a prescription drug DUI, you should seek legal representation to fight the charges.

Prescription drug DUI can be very difficult to prove. In fact, the law enforcement officer may not be aware of the therapeutic levels of the drugs. If the officer is not thorough enough, the defense may be able to raise reasonable doubt in the officer’s credibility.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Know Your Rights During Your DWI Defense in Missouri

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Whether you’re accused of drunk driving or not, it’s a good idea to know your rights. For one, you have the right to consult with an attorney if you believe you are facing a DWI charge. Also, you have the right to a defense of necessity, if you were stopped for an illegal reason or your BAC was low at the time of the arrest.

You have a right to consult with an attorney

Having an attorney present the case is the best way to go about it. Even if you’re on the road, having a lawyer on hand will help to keep your head in the game. If you’ve been arrested for a DWI, you may be eligible for limited driving privileges after ten days. This may or may not be a bad thing, but you should make sure to ask.

An attorney might be able to help you avoid the embarrassment of a DWI conviction. The right attorney can make the difference between a slap on the wrist and a trip to the tarmac. An attorney’s services can be obtained at reasonable rates if you’re lucky. If you’re looking for a DWI attorney, you’ll want to make sure to hire someone who specializes in this type of case.

Breath testing issues

During your DWI defense, you may have to challenge breath testing results. This is because the breath test is used as evidence of intoxication in DUI / DWI prosecutions. To do this, you must know how to check the reliability of the results.

Breath testing machines must be properly calibrated to provide accurate results. A faulty machine could lead to wrongful convictions.

Breath testing is an indirect measurement of blood alcohol content. The machine calculates the amount of ethanol in the deep lung breath. There are several factors that can cause the machine to report a higher number, including the presence of residual mouth alcohol and blood partition ratios.

A breath test can also be inaccurate if you have elevated body/breath temperature, GERD, or asthma. Chronic smokers can also have higher red blood cell counts.

Illegal stop of a person or vehicle

During your DWI defense, it is important to have an expert dwi defense in KC lawyer who understands the laws. Your lawyer can point out the illegality of a stop, and can also present your case in a manner that can help you in your defense.

In addition, you need to write down everything that you remember about the stop, including the agency names and badge numbers. This can be very helpful if you need to contact a lawyer later on. You may also want to write down injuries suffered by the person you stopped.

The Fourth Amendment provides certain protection for vehicles, but it does not give police unlimited power to stop and search. This means that if your DUI defense lawyer can prove that a stop or search was illegal, the evidence may be suppressed.

Defense of necessity

Whether it’s a civil or criminal case, the defense of necessity may be a great idea, but it is not always a wise decision. Using this defense, you could be accused of a crime that you didn’t commit, or you could be accused of a crime that would have been prevented by a better decision.

In order to make a good case, you must prove that a crime was justified by its consequences. The defense of necessity, for example, may be used in a situation where an action would have been illegal, but it was necessary to avoid serious bodily injury.

The defense of necessity is usually interpreted in two different areas of the law, but it’s only allowed in jurisdictions that apply a test of proportionality. For instance, the defense of necessity is not allowed in cases where the defendant is accused of murdering innocent people.

Penalties for drug-DWAI and combination-DWAI

DWAI, or Driving While Ability Impaired, is a crime in New York. It is an offense that is charged in addition to a DUI. A DWAI is charged when a driver is impaired due to drug or alcohol consumption.

The first offense for DWAI carries a fine of $500-$1,000. A second offense carries a fine of $500-$750. The third offense is a Class D Felony and is punishable by up to seven years in prison.

Drug DWI convictions carry the same penalties as DUIs. This means that if you are convicted, you will not be eligible for certain licenses. It also means that you will have a criminal record. It will also mean that you will have trouble finding employment.

Drug DWIs can also result in jail time. If you are convicted of DWAI Drugs, you will have a criminal record that will last for your whole life.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

What Happens If You Get a DUI in Kansas?

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If you have been stopped by the police for drunk driving, you might be wondering what happens if you get a dui in kansas. Whether you’ll spend a night in jail or lose your driving privileges, it’s important to know your rights and the consequences of a DUI conviction.

BAC limits

In Kansas, you are not allowed to drive if you are over the legal limit for alcohol. The BAC limit is 0.08 for people aged 21 and over and 0.04 for commercial drivers. The penalties for driving under the legal limit include up to 48 hours in jail, 100 hours of community service, and the requirement to complete an alcohol education and treatment program. In addition, your vehicle may be impounded for up to one year.

The state of Kansas has zero tolerance for drunk drivers. If you are under the legal age to drive, your BAC is 0.02 percent or higher. If you are found guilty of driving under the legal limit, your license will be suspended for thirty days and you will lose your ability to drive for one year. If you have a history of DUI arrests, the penalties will get worse and harder.

If you get a DUI in Kansas, you will face a harsh punishment. The law defines driving under the influence of alcohol or drugs as a class B nonperson misdemeanor, and stipulates that first time offenders will be jailed for 48 hours and can face up to six months in jail. A fine of up to $1,000 will also be assessed. In addition, first-time offenders will be required to complete alcohol treatment and alcohol evaluation.

Jail time

Jail time for a DUI in Kansas is a serious matter. If you are convicted of DUI, the state will require you to spend a minimum of two days in jail and take part in a treatment program. A probation period will also follow the jail time. This is typically two to six months. A Kansas DUI lawyer can help you navigate the process and make sure that you get the best outcome for your situation.

DUI cases in Kansas are thoroughly investigated. A thorough review of police reports, paperwork, in-car police DVD, and supporting documents is necessary. In addition, a blood test is necessary in some cases. Jail time for a DUI in Kansas is determined by several factors, including the circumstances of the case and the validity of the test.

First-time DUI offenses in Kansas are classified as class B misdemeanors. A person convicted of DUI may face a jail sentence of up to six months. They may also have to complete 100 hours of community service. In addition, their license may be suspended.

Suspension of driving privileges

If you get a DUI in Kansas, you may be facing a suspension of your driving privileges. DUI offenses in Kansas are criminal in nature, which means that you will have to appear in court. A DUI lawyer is an essential component of the legal defense process. The attorney must be knowledgeable about the Kansas DUI laws and the procedures involved in obtaining and defending against a suspended license.

The duration of the suspension depends on your BAC at the time of arrest and whether you have prior DUI convictions. A BAC of 0.8% or less will lead to a 30-day license suspension, while a BAC of 0.15% will lead to a 6-month suspension. If this is your first DUI, you may also have to install an ignition interlock device in your car to avoid driving while under the influence.

If your license is suspended, it is critical to get legal counsel immediately. Many people assume that their license will be automatically reinstated, but this is not the case. The Department of Revenue will not automatically reinstate a license unless you request it.

Diversion agreement

Diversion agreements are a legal way to avoid jail time and the consequences of a DUI conviction. You may not have to appear in court to receive a diversion agreement, but you may have to agree to certain terms and conditions. These conditions include submitting to alcohol evaluations and recommendations from licensed providers.

Diversion agreements may not be the best option for every case. You must be sure to consult an attorney who is experienced in Kansas DUI law. A qualified lawyer will be able to negotiate the most favorable agreement for your case. Diversion agreements are a legally binding contract between the prosecutor and the defendant and are often drafted to favor the government.

When deciding whether or not to enter a diversion agreement, it is important to understand that it may cost you money. Most jurisdictions require that the defendant pay for the diversion fee up front. However, a few will allow you to make payments on the fee. Another important thing to understand is that a diversion agreement does not completely clean your record. Most jurisdictions report diversion agreements to the Kansas Bureau of Investigation, the repository of all criminal records in the state. Furthermore, your records will remain public for five years after signing a diversion agreement.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Aggressive Driving Law in Indiana

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Indiana is one of eleven states that specifically target aggressive driving in an effort to reduce traffic accidents and fatalities. Under Indiana law, aggressive driving is a Class A misdemeanor, which may be punished by up to one year in jail and a $5,000 fine.

A driver may be charged with aggressive driving if he commits three or more of these infractions during a single driving event:

  • Following a vehicle too closely
  • Operating a vehicle unsafely
  • Overtaking another vehicle on the right side by driving off the roadway
  • Stopping or slowing a vehicle unsafely
  • Sounding the horn unnecessarily
  • Failing to yield
  • Failing to obey a traffic control device
  • Driving at an unsafe speed
  • Flashing the vehicle’s headlights repeatedly

Imagine that another driver improperly fails to yield the right of way to you. You are angry. To show your displeasure, you tailgate the other driver, sound your horn excessively, and flash your lights at him. Under Indiana law, you have engaged in aggressive driving—even though the other driver should have yielded to you. A driver may be charged with this offense if aggressive driving is used to harass or intimidate someone in another vehicle.

If aggressive driving occurs in a highway work zone, the driver may be charged with a felony. If a worker is injured by the driver, a Class D felony may be charged. A Class C felony may be charged if a worker is killed in a work zone. A Class D felony may also be charged if the offending driver had a previous motor vehicle operation conviction in the last five years.

If you have been injured by an aggressive driver, you may be able to recover damages. If the driver was convicted of aggressive driving, you have an easier case. The driver’s conviction may be considered negligence per se, which means that the driver is automatically deemed negligent for having violated the law.

Road Rage

Road rage is a dangerous behavior that often occurs when a driver becomes frustrated or impatient and takes their anger out by driving aggressively without consideration for other vehicles on the road. Every driver that gets behind the wheel of their vehicle assumes a duty of care, which is a legal obligation to drive in a way that is in the best interest of others around them. Those who are driving with road rage are a danger to everyone around them and are typically violating this duty of care.

What Are Some Signs of Road Rage?

If you have been injured in a car accident, you might be wondering if road rage was the cause of that accident. Some of the more common signs of road rage include but are not limited to:

  • Tailgating – A driver who is tailgating is one of the most recognizable and dangerous signs of road rage. Drivers with road rage will often use tailgating as a sign of aggression against other drivers.
  • Speeding – This is one of the most common signs of road rage. Speeding above the legal limit and swerving in and out of lanes to move ahead of traffic often indicate that a driver is displaying signs of road rage.
  • Honking – Honking a horn is one of the easiest ways for a driver with road rage to express their anger. It might appear that a driver is needlessly honking their horn if they are stuck in traffic, and this is often the beginning of aggressive behavior.
  • Flashing their lights – One sign of aggressive driving is flashing lights at other cars. This behavior is dangerous for a variety of reasons and can result in serious accidents.
  • Making physical gestures – Those drivers who are displaying signs of road rage will often be seen making angry gestures in their vehicle, which is one of the signs of road rage.
  • Yelling – Drivers who are displaying behaviors of road rage will often yell at the other drivers around them. This can be extremely distracting and even offensive in some situations.
  • Physically attacking – In some extreme cases, a driver will become so agitated that they provoke physical violence when stopped in traffic.

Learn More About How a Car Accident Attorney Can Help

Car accidents that have been caused by Aggressive driving and road rage can be both terrifying and confusing. When you consider that the accident might have been prevented if the other driver had simply controlled their anger and been aware of the danger they were causing to those around them, the situation becomes even more frustrating.

If you believe that the driver who caused your car accident displayed any of these behaviors, it is advisable to speak with a car accident lawyer in Indiana as soon as possible.

 

Tom Blackburn

Blackburn Romey’s founding partner, Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law.
Since 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.

Tom has been long awarded the distinction of being a top lawyer for personal injury and wrongful death in Fort Wayne.

Traffic Fines to Raise Revenue: Is Law Enforcement Focusing on the Wrong Public Safety Incentives?

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Getting pulled over for a traffic violation is always vexing. While the concept is understandable — and is often necessary — sometimes the system can be considered excessive and monetarily based.

For example, pulling over a motorist who is driving recklessly is crucial to keeping people safe. But what about routine stops for people who are allegedly driving a mile or two over the speed limit, or have a broken tail light during daylight hours, or any other technical, minor infraction?

We are not advocating for freely breaking the law. However, a recent New York Times report revealed that a whopping 730 municipalities raise revenue from precisely these types of traffic stops. The question then becomes: are drivers being pulled over for the right reasons?

The Use of Traffic Fines and Fees to Raise Revenue

Using traffic fines to raise revenue is nothing new or unique to a specific jurisdiction. Between 2010 and 2017, a significant portion of city governments in New York State increased their budgets by about 25% as a result of traffic stop fines.

Two examples include the city of Buffalo, where traffic fines accounted for 24% of revenue for the fiscal year 2019 – 2020, and Poughkeepsie, where such revenue accounted for a staggering 46% for the 2019 budget.

Then there is also Valley Brook, Oklahoma, which is a small town of 870 residents. It raises about $1,000,000 a year in revenue from traffic infractions.

Some of these fines can cross the line from routine to flabbergasting. NPR’s economics podcast, The Indicator from Planet Money, investigated such practices. One of the people they interviewed, Orlando, FL resident, Celeste Sawyer, related how she was stopped at a red light, when one of her twins saw a police officer, unbuckled her seatbelt and rolled down the window to say hello to the officer. The police officer then pulled over in front of Celeste’s car and issued her over $1,000 in fines for seat belt ticket violations (one for each of her kids).

Turner County and Norman Park (both in rural Georgia) also rely heavily on revenue raised from traffic tickets to finance their governments. And Governing magazine conducted an analysis on such practices. Their findings indicated that hundreds of small towns significantly rely on traffic fines to fund their budgets.

Relying on these stops to raise revenue sometimes places police officers in an uncomfortable situation.. Once a municipality becomes accustomed to relying heavily on these funds for their annual budgets, law enforcement sometimes will look for even the smallest or most technical of infractions.

On a much larger scale, this issue also affects federal funding, since the federal government provides highway safety grants that reward a high incidence of traffic tickets. These grants come in the tune of $600 million a year. Granted, the funds are not simply awarded to applicants with the highest number of traffic tickets alone. However, they are taken into account to evaluate police performance.

The Problems With These Types of Traffic Stops

Every single day, there are legitimate reasons to pull someone over. Driving under the influence of drugs and alcohol, weaving in and out of traffic at excessive speeds, trucks carrying excessive cargo. These behaviors put people’s lives at risk.

And that is precisely what society needs: law enforcement that puts public safety as their first priority (as opposed to raising revenue or meeting quotas). When you switch priorities incentivized by budgetary reasons, it encourages harmful consequences, including:

Civil Rights Violations

In theory, people cannot be imprisoned for failing to pay their debts. Creditors can take debtors to court in a civil case. They also have several ways of enforcing judgments — such as garnishing a portion of a defendant’s wages or placing a lien on their property. But when these debts are the result of traffic stop violations, you can get a warrant for your arrest for nonpayment.

This is why, in January 2021, a group called Lawyer’s Committee for Civil Rights Under Law filed a lawsuit against Valley Brook and three of its public officials. The claim is for alleged unconstitutional debt collection from poor residents.

The plaintiffs’ attorneys in that suit point out how such methodologies of raising revenue have a dire effect — that of sending to jail people who cannot afford to pay them. And this is not a problem just in Valley Brook. This is happening all over the nation.

Traffic Stops that Escalate Quickly

It is no secret that this country has seen its fair share of what were supposed to be simple traffic stops ending with law enforcement shooting a motorist. Things get even uglier when it was a white police officer and an African-American driver. Recent examples include Phillando Castille, Rayshard Brooks, and Daunte Wright. These are just a few instances of traffic stops for minor violations that escalated quickly.

It is easy for people who were not at the scene to point out that if the motorists had followed instructions, they would be alive today. But that oversimplifies the issue and ignores the bigger problem: All of these deaths originated with a traffic stop for a minor infraction, and ended with the shooting of unarmed individuals.

Racial Bias

This is a hot topic, but it would be remiss to discuss the subject at hand without bringing it up. Researchers from Stanford University conducted a study that took a close look at 100 million police traffic stops across 21 state patrol agencies and 29 municipal police departments. That is not a typo. One hundred million. It is a pretty significant sample size. In fact, it is the largest one ever collected.

And here is the unsurprising result: Between 2011 and 2017, police officers stopped minority motorists based on less evidence used to stop white drivers.

By the same token, a recent report issued by the Fiscal Policy Institute (FPI) warns New York governments against attempting to restore the economy in the wake of the COVID-19 pandemic through traffic fines — since this method is often used to exploit low-income neighborhoods and communities of color.

Similarly, after reviewing data from 9,000 cities across the United States, a study conducted by Michael Sances (from the University of Memphis) and Hye Young You (from Vanderbilt University) concluded that using traffic fines and court fees to raise revenue disproportionately affects underserved communities.

This is not a matter of officers being blatantly racist. Few people would readily admit to such behavior — even to themselves. But it does point to the implicit bias and systemic racism that is embedded into many elements of criminal justice.

Raising revenue is an integral part of any government, regardless of its size. However, the main duty of police officers is to protect and serve the community. Balancing the budget sheet should not be a responsibility that is placed on their shoulders — and clearly, there is enough data to showcase the troubling consequences of doing so.

About the author: Matthew J. Weiss, Esq. has a Juris Doctor from Hofstra Law School, where he was a member of the Law Review. Upon graduating in 1987, he became one of the first Hofstra graduates at the New York Court of Appeals (New York State’s highest court). He then went into private practice, focusing on fighting any type of traffic ticket issued in New York.  He eventually reached a level of success in his career where he could focus on areas other than day-to-day operations. This freed up time to pursue other opportunities, such as producing and directing Man in Red Bandana, an award-winning film about an incredible 9/11 hero named Welles Crowther. You can also listen to his TEDx talk about courage.

Mike

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The Future of Florida Traffic Safety Laws

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Anybody who has ever driven in Florida is aware of the atrocious state of commuting. No matter where you’re going, it behooves you to check traffic apps to avoid significant jams caused by accidents. And these are no minor deals, either. While there is a fair share of fender benders, at some point you’ll also see the aftermath of a major crash — from totaled cars to a crane pulling a vehicle from the water underneath a causeway.

And things are only getting worse. A recent study published by the Advocates for Auto and Highway Safety concluded that Florida is among the worst states when it comes to highway safety. Such revelation is dire, considering that in 2020, data from the U.S. Department of Transportation reflected an increase in auto accident fatalities during the COVID-19 pandemic, despite the decrease in driving on a national level.

 

To add insult to injury, these increases are seemingly pointing to a continued upwards trend, since the U.S. Department of Transportation estimates that deaths from traffic accidents increased by about 11% more in 2021. Since Florida is topping the list, the Sunshine State needs to do something about it.

What’s Causing So Many Traffic Accidents in Florida?

There are a myriad of reasons that contribute to car accidents. No matter anyone’s background or walk of life, a common denominator is that we’ve all seen or heard about the most popular ones, including:

  • Speeding
  • Driving while texting
  • Driving under the influence

Not only are many of these circumstances preventable, but they are made even worse by the fact that almost half of car accident fatalities are the result of not wearing a seat belt. And the numbers of deaths related to DUIs and distracted driving are high enough to merit more serious preventive measures.

Finally, there are two significant additional issues: Teen drivers and the consequences of driving while texting.

While all of these issues occur all over the US, the Fatality Analysis Reporting System issued by the U.S. Department of Transportation includes a breakdown of crash rates as they relate to state population. Florida is among the top five.

Florida Traffic Laws

Florida Statute 316.614 establishes that anyone operating a motor vehicle is required to wear their seat belt. As for front seat passengers, it’s unlawful for anyone 18 or older to ride in a car without wearing it. While this may seem practical, violating this law only carries a penalty of $30.

Florida Statute 316.193 states that anyone with a blood alcohol level (BAC) of 0.08 or more while driving is considered to be driving under the influence (DUI). A first conviction penalty ranges between $500 and $1,000. A second one is between $1,000 and $2,000. Additional consequences may include spending between six and nine months in jail, and installing an ignition interlock device at their own cost for a full year. A third conviction constitutes a felony, and penalties increase accordingly. While these are certainly heftier, they pale in comparison when placed side-by-side with the loss of life.

Florida Statute 322.1615 establishes that the DMV may issue a learner’s permit to anyone who’s at least 15 and has passed driving and eye examinations. The standards are pretty baseline considering the consequences of not being properly trained.

By the same token, Florida Statute 316.302 establishes texting while driving ban. The penalty for a first offense is $30, and it continues to increase with subsequent violations.

While these laws exist to protect public safety, statistics show they are failing as a deterrent. This is why it’s crucial to advocate for more robust penalties.

Proposed Updates to Current Florida Traffic Safety Laws

Some of the proposed legislation to address the road fatalities issues in Florida include:

Advanced Driver Assistance Systems

Advanced Driver Assistance Systems (ADAS) is technology designed to prevent car accidents by providing blind-spot detection, lane departure warning, recognition of traffic signs, automatic emergency braking, and pedestrian detection. They work by installing sensors on motor vehicles.

Some of these applications also include features such as driver drowsiness detection based on the driver’s heart rate, movement of their head, and lane swerving. There has been recent legislation proposed in Congress to install such technologies on trucks. Similar bills would be beneficial at the state level.

Automated Enforcement

Automated enforcement (AE) is most commonly known as traffic cameras. While they already exist in some Florida jurisdictions, installing them more widely could serve as a deterrent for drivers who are gung ho on running red lights if they do so fast enough.

Better Technologies to Reduce Impaired Driving

Interlock ignition devices are nothing new. As mentioned earlier in this article, a third DUI conviction requires one in your car. However, there’s a new research program called Driver Alcohol Detection System for Safety (DADSS), which, together with the National Highway Traffic Safety Administration is lobbying for car manufacturers to install breath and touch systems to measure BAC as safety features in their vehicles.

Autonomous Vehicles

Since so many traffic accidents are caused by human error or negligence, autonomous vehicles could help reduce the number of crashes. This does not necessarily mean that a person would get a car and have no control over it. There are several automation levels that include assistance with steering and braking while the driver monitors operation.

In Conclusion

These proposed solutions are only the tip of the iceberg. And regardless of which ones move forward, it’s evident that the systems that are in place now are not working. So it’s crucial for legislators at the state and federal levels to actively look for ways to not only implement more stringent consequences, but also safety measures that prevent accidents in the first place.

A great starting point is to pay closer attention to current proposed bills and study how well they have worked in other jurisdictions — whether nationally or internationally. And most importantly, get the input from subject matter experts who may take into account details that may otherwise not be considered.

About the Author: Mitchell J. Panter is a founding and managing partner at Panter, Panter & Sampedro, a leading personal injury law firm in South Florida. He is Board Certified Civil Trial Lawyer, and he has been designated as such by both the Florida Bar and the National Board of Trial Advocacy. He has successfully argued before the Florida Supreme Court and has held leadership positions in multiple professional entities within the legal industry.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

What Are the Differences Between Careless and Dangerous Driving?

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The road can be a dangerous place whether you’re a pedestrian, a cyclist or a motorist. Many road deaths are caused due to someone else’s actions. While any person can cause a road traffic accident, motorists are most at risk of causing a serious accident. Vehicles can be extremely dangerous, especially if the driver acts in a negligent manner. There’s a reason why people need to undergo thorough driving examinations and why using the road is heavily regulated by laws.

Fatal road accidents caused by another person can be split into two categories: death by careless driving and death by dangerous driving. Careless and dangerous driving does not suggest an intent to harm someone, which is why it’s called an accident. But with that said, it is still a serious act of negligence. Dangerous driving is clearly the more severe offense and will lead to harsher consequences. However, both careless and dangerous driving can be impactful behaviors and may lead to loss of life. It’s useful to know the differences between the two to ensure you behave like a safe and competent road user.

Fatal Accident Claims is a specialist solicitor service that helps clients with a wide range of accident claims, including road accidents, asbestos-related diseases, and fatal work accidents. They offer victims and relatives advice and claims management support to help them come to terms with their serious injuries or tragic loss. Fatal Accident Claims have provided us with information on the differences between careless and dangerous driving, including the potential penalties and how you can make a compensation claim.

What is Careless Driving?

Careless driving is defined as driving below the minimum standard expected of a competent and careful driver. While the type of actions that fall under this category can be complex and open to interpretation, it is ultimately about falling below the minimum standards. Careless driving can typically be summed up as acting with undue care and attention or having a brief lapse of judgment or concentration. If you drive carelessly, you are doing so without reasonable consideration for other road users.

There are several examples of careless driving. For starters, driving too close to another vehicle, also known as tailgating, would fall under this category. Accidentally running a red light, overtaking on the inside, or suddenly braking would be other examples. Turning into the path of another vehicle or failing to properly assess your surroundings is also careless. Being distracted by the radio, phone, eating or smoking may also fall under careless driving but depending on your specific actions, could also be classed as dangerous driving.

What is Dangerous Driving?

While careless driving is described as driving below the minimum standard, dangerous driving is defined as falling far below the expected standards of a competent driver. Dangerous driving is to operate a vehicle in a completely negligent manner, endangering both yourself and others. Again, there may be some debate as to what constitutes a dangerous action versus a careless one, but it comes down to judgment on how far below the person’s standards have slipped. To be convicted of dangerous driving, there must be significant evidence showing that they were responsible for the accident and are judged to have driven dangerously.

One of the most common examples of dangerous driving is racing with others, driving at excessive speed, or driving aggressively. If you operate a vehicle while aware of a serious fault, then this would also be considered dangerous. Other examples include intentionally ignoring traffic lights or road signs, driving on the hard shoulder, or driving with an unsafe load. Driving while unfit, such as experiencing eyesight issues, is also dangerous. Last but certainly not least, driving while uninsured, disqualified, or under the influence are three of the most serious examples of dangerous driving.

The Penalties for Driving Carelessly or Dangerously

Driving dangerously or carelessly is a serious offense that comes with hefty penalties. Punishments can vary depending on several factors, including what careless or dangerous actions led to the action. A history of offenses and points on a driver’s license can also increase the punishment handed down.

Generally speaking, for careless driving in the UK, you can expect to at least pay a £100 fine and receive three points on your license. If your case goes to court, you may receive as much as a £5,000 fine and a nine-point penalty. The maximum sentence is 5 years in prison and disqualification from driving for a minimum of 1 year. If convicted of careless driving while under the influence of drink or drugs, the maximum sentence is 14 years in person, an unlimited fine, and disqualification for a minimum of 2 years. As for death by dangerous driving, you can expect to be hit with a two-year disqualification and 1-14 years imprisonment. You may also be ordered to pay an unlimited fine and receive three to eleven penalty points.

If the incident transcends that of an accident, then the driver may also be convicted with the more serious charge of murder or manslaughter. In this case, the driver can face life imprisonment and at least years disqualification from driving.

Claiming for Death by Careless Driving

As well as a criminal conviction, a driver guilty of death by careless driving may be liable to pay civil compensation. Losing a loved one is not only tough because of the emotional distress, but also because of the financial problems that death can cause. There may be additional fees to pay such as medical costs and funeral expenses. Therefore, compensation is essential to help the family come to terms with the loss and help them cope financially.

The process of making death by careless driving compensation claim begins by speaking to a solicitor firm who will listen to what you have to say and offer advice on how you can move forward. Solicitors work on your behalf to support you and help you claim the maximum amount of compensation. They will investigate the accident to build the strongest possible case, and most solicitors operate on a No Win, No Fee basis so you only pay if the claim is successful.

There are several types of compensation that you can claim, including the bereavement award and a dependency claim. The bereavement award provides a statutory amount to close relatives while the dependency claim is awarded on the basis that essential services have been taken following the death. Compensation is usually made against the driver’s insurance company. If they have no insurance, then it will be dealt with by the Motor Insurer’s Bureau or a court judge.

 

Author Bio:

Mark Boyle
Mark is a content writer at Fatal Accident Claims, a specialist firm of solicitors based in the United Kingdom. Fatal Accident Claims helps people claim compensation for a wide range of services, including fatal work accidents, dependency claims, asbestos-related diseases, and road accidents.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.