Drunk Driving
Drunk driving continues to plague modern societies. In the United States there has been some success in lowering drunk driving fatality rates, but not at the rate lawmakers and advocates such as Mothers Against Drunk Driving and other organizations hope to one day see. Sobriety checkpoints are one method of deterrence against drunk driving, but many experts say the problem is not with social drinkers but with alcoholic or binge drinkers. Without successfully treating the addiction, it is likely alcoholic and binge drinkers will continue to take the risk of getting behind the wheel.
Posted under Drunk Driving
MADD – 30 Years Later
Three decades after founder Candy Lightner started the organization known as Mothers Against Drunk Driving, or MADD, much has changed – and much remains to be done – in the fight against drunk drivers. In fact, MADD’s focus itself changed to the point that Lightner broke ties with the group in 1985. In a 2002 interview with the Washington Times, Lightner said MADD “has become far more neo-prohibitionist than I had ever wanted or envisioned…I didn’t start MADD to deal with alcohol. I started MADD to deal with drunk driving.” Continue Reading
Posted under Drunk Driving
Dram Shop Laws and DUIs: Criminal & Civil Liability for Providing Alcohol
This summer I had the opportunity to spend time on Cape Cod in Massachusetts. If you’ve never been to the Cape, you are truly missing out. Home of the Kennedys, lobstah rolls and Christmas Tree Shops, the Cape attracts summer visitors of all ages and nationalities. Daytime activities include going to the beach and playing miniature golf. At night, however, social activities are pretty much limited to eating at a restaurant, hanging at a bar, or drinking at home.
Posted under Drunk Driving
DUI License Plates for Drunk Drivers: Will a Scarlet Letter Serve as a Deterrent?
Driving under the influence of drugs or alcohol continues to be a major problem in the United States. A recent study revealed approximately 159 million self-reported episodes of drug driving annually in the US. Perhaps this high number can be partially explained by the fact that alcohol reduces a person’s ability to tell whether they are sober enough to get behind the wheel. Another factor involves the game of chance; California has some pretty lenient DUI laws and, when combined with the relatively small chance of begin pulled over (less than 1%), the threat of a incurring a DUI is incredibly small.
The solution to the DUI problem is two-fold. First, chronic alcoholics need to enter addiction treatment centers for a lengthy stay, and insurance companies need to pay for it. Reduce the number of alcoholics with licenses, and you reduce the number of DUIs. Second, penalties for DUI need to be enhanced. Probation, community service, alcohol school, and scared-straight programs are not scary enough to stop people from driving drunk. States are slowly instituting novel ideas such as the ignition interlock device (IID), which prevents a car from starting if the driver blows over a 0.0 on the installed breathalyzer (some models even require the driver to continue testing during the trip to prevent them from gaming the system). In California, first time offenders in counties such as Los Angeles will need to purchase a device prior to reinstatement of the driver’s license. Statewide, anything other than a first offense will require an IID. These drunk driving laws are new for 2010 and long overdue.
Posted under Immigration Law
Immigration Consequences of Driving Under the Influence (DUI)
As an immigration attorney, I consult with potential clients by phone daily. When I first started out, I would often be unpleasantly surprised to find that a seemingly uncomplicated case became incredibly complicated once the client got around to disclosing his or her past misdeeds. Now I ask about criminal history, especially related to drugs and alcohol, right off the bat. I also encourage green card holders with no criminal record or immigration problems to naturalize as soon as possible so that future problems do not have negative immigration consequences.
Drunk driving laws are different in each country and, thus, aliens who come to the US and drive while under the influence may not realize that they are putting their ability to immigrate to the US in the future at risk. Conversely, US citizens often find themselves inadmissible to foreign countries based on their own criminal histories.
While simple DUI cases involving aliens rarely make the news, cases involving celebrity defendants often do. Scott Weiland, lead singer for the rock band Stone Temple Pilots, recently learned first-hand the effects that DUI can have on immigration in foreign countries. Arrested on November 21, 2007 by the California Highway Patrol for DUI, he was sentenced to 192 hours of jail time at the Van Nuys jail. Weiland did not appear at his arraignment, but rather entered a plea of “no contest” to misdemeanor DUI with a prior conviction through his attorney. He was just over the legal limit. In addition to fines and participation in an alcohol program, he was sentenced to four years of probation. His other band, Velvet Revolver, was forced to cancel scheduled appearances in Japan due to concerns of the effect Weiland’s multiple arrests to have on his ability to enter Japan.
Unless you are a citizen of the United States, driving under the influence here could get you deported, barred from re-entering the US for a period of time, or prevent you from becoming a green card holder or citizen. Inexperienced criminal defense attorneys make tragic errors when advising clients on DUI matters, often failing to take into consideration the ramifications a particular plea or conviction will have on the immigrant’s legal status in the US. Unfortunately, the criminal justice and immigration systems often do not intersect enough to make these dangers known to defendants who either defend themselves or have an inexperienced defense attorney.
Immigration status has little effect on the punishment received for a DUI, but for the possibility of enhanced penalties for driving without a license, proper registration, or proof of insurance. Typical DUI penalties include loss of driving privileges (if you had them in the first place), fines, mandatory attendance at alcohol classes, and possibly jail time. Recently, states began requiring installation of an ignition interlock device (IID) prior to reinstatement of a driver’s license. Some states will reduce or eliminate some of the penalties if you attend an alcohol treatment center. Penalties increase in intensity with subsequent DUIs.
Each state has its own drunk driving laws and, therefore, the affect a DUI conviction will have on your immigration status could depend on where you were when you were pulled over. And not all convictions will immediately result in negative immigration consequences. For instance, a DUI might not affect a green card holder unless he applied for citizenship.
Posted under Drunk Driving
Prosecutors Fear Men Facing Multiple DUI Convictions Receive Too Lenient Sentencing
It appears that not all DUI convictions lead to a changed life. The Press Democrat recently reported that a Windsor man has been sentenced to one year in a county jail as the result of a DUI. This conviction could be viewed by some as too lenient as this conviction is the man’s fifth in 13 years. Prosecutors urged for a stiffer punishment.
Posted under Public Policy
Changes to Wisconsin Drinking Laws Too Lax According to Critics
Wisconsin citizens who choose to drive while under the influence of alcohol may find themselves facing tougher penalties. According to a recent article in JS Online, votes were nearly unanimous.
Posted under California
2010 Brings New Laws for California Drivers
Most people in California would agree that driving under the influence of drugs or alcohol is a very bad idea. Whether you embrace the moral argument, fearing for the safety of innocent passengers, pedestrians or occupants in other cars or focus more on fiscal ramifications, understanding the enormous financial cost associated with defending a DUI charge (not to mention property damage and personal injury), few would argue that driving while intoxicated is no big deal.
So, why is California’s DUI problem worse than ever? Why are drivers continuing to make poor decisions with regard to drinking and driving? Perhaps it is a combination of factors. On the one hand, being under the influence likely reduces a driver’s ability to determine whether they are legally competent to get behind the wheel, especially those with chronic alcohol or substance abuse problems. On the other hand, California has some pretty lenient DUI laws and, when combined with the relatively small chance of begin pulled over, offers very little in the way of deterrence. Continue Reading
Posted under Addiction & Society
“Pulp Fiction” Writer Transferred to County Jail for Drunken-Driving Sentence
"Pulp Fiction" screenwriter Roger Avary will likely serve the rest of his yearlong sentence for a fatal drunk-driving accident in county jail instead of a lower-security work furlough program, a Ventura County sheriff’s official said Monday.
Posted under New York
Drunk Drivers with Child Passengers in NY to Face Stiffer Penalties
A New York Senator recently introduced two proposals for a Child Passenger Protection Act that would toughen penalties for driving under the influence with children under the age of 16 in the vehicle. First-time offenders would face felony charges, and if convicted, a minimum of 5 days of prison and 30 days of community service. Their driver’s license would be suspended for a minimum of 1 year. They would also increase penalties if the child was injured or killed – a minimum of 5 years in the later case, and a maximum of 25 years. Any driver convicted of a DWI would be required to use an ignition interlock device.
Posted under Drunk Driving
NBA Player Nocioni Arrested for Suspicion of Drunken Driving
NBA basketball player Andres Nocioni of the Sacramento Kings was arrested early Thursday on suspicion of drunk driving. The forward was booked into the Sacramento County at 3:26 AM Thursday and was released later in the day. The arrest came hours after the Kings lost a home game to the Atlanta Hawks.
The Addiction Primer
Everything you need to know to help a loved one struggling with addiction, from the writers and editors of Everything Addiction.
