Friday, September 05, 2008

Driving Under the Influence

We have heard so much of it from our parents, our teachers, and even our government, and as if these warnings were not enough even private institutions and actually even those selling the same are stating that you must avoid driving under the influence of liquor. Well, as hard as a rock, the human mind has its way of doing just the opposite.
We have heard so much of it from our parents, our teachers, and even our government, and as if these warnings were not enough even private institutions and actually even those selling the same are stating that you must avoid driving under the influence of liquor. Well, as hard as a rock, the human mind has its way of doing just the opposite.

In almost all accidents on the road which are brought about by the negligence of another party, the proximate reason for the same is because such party was driving with a dazed mind because of alcohol. What makes the marriage between driving and drinking so attractive to people in our society? Well the answer is quite obvious, it is a status symbol, and much as they wouldn’t want to be a victim of an accident because of such carelessness, they would rather be caught drunk driving than be a boring square at parties or several gatherings.

Our celebrities particularly have been a common subject for cases involving driving under the influence of alcohol. After coming from a celebrity blow-our or clubbing, they have the confidence and courage to run about the streets driving their highly engineered motor vehicle like a daredevil. As if their day would not be complete without causing any injury to an innocent by-stander or a working man who is just trying to find his or her way back home. The irony is that, when they are caught and such conduct is made subject of media attention, their value actually increases, as if they have just done a task a fraternity wants them to successfully accomplish and they get rewarded for it. Poor victim, aside from suffering physical pain and discomfort, he or she is even cursed in public eye for being the antagonist to the actor’s road to fame.

Our laws and judicial system must do a better job in penalizing violations involving driving under the influence of alcohol regardless of whether the perpetrator is a famous actor or an ordinary man. A stringent system that would serve as a deterrent to such serious act must be set. If this could not be set enforced, then there would come the day when driving and drinking would now be the rule, and with a toothless law governing it then any person can actually find his or her way around, above, or even under it.

For more information, visit our Los Angeles Personal Injury Lawyers at http://www.personalinjurylawyerinc.com/

Guest Post by Atty Gabriel Cosh, a legal advocate and a pratitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.

Tuesday, September 02, 2008

A Few Points Worth to Know about Kentucky’s DUI Law

What Is Kentucky's DUI Law? What Does It Mean?

DWI/DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentucky's DUI law has an "Illegal Per Se" provision. "Illegal Per Se" (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.

Highlights of Kentucky's DUI Law

Here are highlights from Kentucky law on driving under the influence (KRS Chapter 189A). Legal terms associated with drunk driving in Kentucky.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .18

Implied Consent Law: Yes

License Suspension 1st Offense: 30 days

License Suspension 2nd Offense: 1 year

License Suspension 3rd Offense: 2 years

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: Yes

Hardship License while license suspended: No

Open Container Law: For driver and passenger

These are highlights of the main provisions of Kentucky law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

Source: KRS Chapter 189A

Another Important Fact to Know: 90% of DUI arrests occur between 10PM and 3AM.

How Can I Clear My DUI Record?

you may have some options available to clear your record. Your first option after a DUI conviction is to seek a new trial from the court. If there was an error in the admission of evidence at your trial or some other procedural problems, your attorney can ask the court for a new trial. If the judge grants your request for a new trial, you will be allowed to present your entire case again, this time before a new jury. If you're found not guilty after your second trial, then your record will be cleared and the legal effect would be as if you never were convicted. If the judge refuses to grant you a new trial, or you lose at your second trial, you may be eligible to appeal your DUI conviction. If there is an error of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument-you will not be required to appear or participate in the appeal. If your appeal is successful, your conviction will be reversed, and your record will be cleared.

The Truth about Lawyers - Even though lawyers are the brunt of a lot of jokes out there, they really are in the legal industry to help you. You could hire one of the most expensive lawyers out there to represent you for your DUI case, and you will still pay less money to him than you would to the court system. If you had the option to pay a certain amount of money to the court, have your license taken away, have to go to jail and spend a weekend at a conference where they describe to you how bad drinking and driving is... OR, pay a lawyer a smaller amount of money, have a good chance of keeping your license, have a better chance of having the DUI dropped and to stay out of jail, wouldn't that be better?

Guest Post by Andy Taylor runs websites on DUI Lawyer. DUI Lawyer Guides provides free information on DUI related issues please check www.dui-lawyer-guides.com.