Archive for the ‘DUI Statistics’ Category

Anti-Alcohol Forces Find Obstacles in South Carolina DUI Laws

April 10th, 2014 at 12:30 pm

Kerry

Interlock Ignition Laws Are Being Proposed by Groupds Tied to IID Companies in Every State

The prohibitionists are attempting to push through a bill that would mandate breathalyzers in all cars of first offenders. The truth is, these groups are supported through donations from the companies that make or install the breathalyzers. The MADD groups use statistical data to claim that the laws are well more successful than they actually are – there is no cross-comparison between states who mandate and those who do not – rather they simply cite to statistics that show a reduction of DUI arrests following passage of the law as proof of its success. That trick is called “Post Hoc Ergo Proctor Hoc.” Of course, these groups never accept responsibility for past proposals that have failed to reduce arrests. Nor do they ask for those other draconian laws to be lifted from the books when proven unsuccessful.

As reported:

“Emma’s Law, the state’s first get-tough effort on drunken drivers in years, ran into a roadblock Tuesday in the S.C. Senate, when one senator blocked the bill for a day.”

“Emma’s Law was amended slightly in the House, and Lourie and his supporters want the Senate to approve the House version of the bill. Due to parliamentary rules, supporters say, if the Senate changes the House version in any way, that likely could doom the bill’s chances of becoming law. The bill would then have to clear numerous new legislative hurdles to be passed.”

The House made several amendments to the Senate version of Emma’s Law. One would raise the blood alcohol level requirement to .15 from .12 for the standard requiring any person pleading guilty to or being convicted of first offense DUI to use an ignition interlock device.

For two years, Lourie and some other lawmakers, along with victims and safety advocates, have pushed – sometimes with fierce resistance from trial lawyers – to get the bill first through the Senate and, earlier this month, the S.C. House. For more than a year, the bill was mired in an obscure House subcommittee, four of whose five members are lawyers.

South Carolina’s current DUI laws contain numerous loopholes that allow accused and convicted drunken drivers to hire lawyers and get quickly back on the roads. Defending drunk drivers in the various courts of appeal and getting them back driving is a booming $100 million-a-year legal business in South Carolina.

South Carolina has one of the highest rates of drunken driving fatalities in the nation. The proposed law is named after Emma Longstreet, a 6-year-old Lexington girl killed by a repeat drunken driving offender in 2012. Since Emma died, drunken drivers have killed more than 500 other South Carolinians.”

Read more here: http://www.thestate.com/2014/04/08/3375784/anti-drunk-driver-proposed-emmas.html#storylink=cpy

Man Charged with DUI after Slamming into Cop Car

January 23rd, 2014 at 10:41 am

Alex Tapia-Aguilar, 34, of Round Lake, was charged with drunken driving and arrested after slamming into a police car while intoxicated, according to the Chicago Tribune. Tapia-Aguilar was driving on the wrong side of the road when he hit the squad car, and injured a police officer in the process. He is now facing “two counts each of aggravated driving under the influence and DUI,” according to the Chicago Tribune. “After the crash, the officer had to climb out of his window to stop Tapia-Aguilar because of the extent of the damage to his vehicle,” the Tribune reports. The officer was taken to Vista Health System, treated for his injuries, and released. Tapia-Aguilar refused medical help at the scene.

DUI Police Crash IMAGEDamage to both cars was extensive, the Tribune reports. It isn’t clear if sobriety tests were administered immediately following the crash, but Tapia-Aguilar told police that “he thought the car might have been delivering papers,” according to the Tribune. Tapia-Aguilar was also “charged with driving without a valid driver’s license, driving without insurance, improper lane usage, failure to reduce speed to avoid an accident and criminal damage to state-supported property,” the Tribune reports.

Aggravated DUI carries a heavier punishment than DUI, according to the 2014 Illinois DUI Factbook. “Any mandatory term of imprisonment or community service is not subject to suspension or reduction,” the Factbook states. An aggravated DUI can apply to a number of different scenarios including (but not limited to):

  • A third or subsequent DUI
  • DUI committed while driving a school bus carrying one or more persons age 18 or younger
  • DUI resulting in great bodily harm
  • DUI committed without a valid license
  • DUI committed without car insurance
  • DUI committed after a previous conviction for reckless homicide while DUI
  • DUI resulting in death

Illinois is a Zero Tolerance state, which means that if you’re pulled over and your BAC measures .01 or greater you can be ticketed. To have a BAC of .01 a normal adult of any weight needs only to consume one drink in an hour.

If you or someone you know has been charged with DUI in Chicago, don’t go through it alone. Contact Ramsell & Associates today.

 

With Marijuana Legalization Comes Marijuana DUI Laws

January 11th, 2014 at 2:06 pm

On January 1, “Illinois’ medical marijuana pilot program laws officially went into effect, but individuals that would qualify for the state’s program may have to wait another year or more before they’re able to utilize said laws,” reports the Huffington Post. With marijuana legalization laws going into effect in Washington and Colorado states, there has been much discussion about changing DUI laws to specifically limit marijuana. Such legislation was introduced into the Colorado Senate as early as May 2013. The measure, according to a different Huffington Post article, “sets a THC-blood limit for Colorado motorists—a concept which has failed six times in the last three years in the state legislature.” With Marijuana Legalization Comes Marijuana DUI Laws

DUI marijuana bills are hard to pin down, however. “Opponents stay that the 5 nanogram standard is too low for frequent pot smokers, especially medical marijuana patients, who regularly have this level of THC in the bloodstream,” reports the Huffington Post. Legalization of marijuana for medical use, such as the law that just went into effect in Illinois, is usually the first step toward further legalization of the drug. If marijuana is ever legalized in Illinois, there will likely be a DUI law debate similar to the one currently underway in Colorado.

According to the Marijuana Policy Project, Illinois has some of the harshest marijuana penalties in the nation. Drugged driving laws, of course, are necessary—“drugged driving puts at risk not only the driver but also passengers and others who share the road,” according to the National Institute on Drug Abuse (NIDA). According to a National Survey on Drug Use and Health in 2012, “an estimated 10.3 million people aged 12 or older reported driving under the influence of illicit drugs during the year prior to being surveyed.” After alcohol, according to the NIDA, THC (the active ingredient in pot) “is the substance most commonly found in the blood of impaired drivers, and motor vehicle crash victims.”

If you or someone you know has been accused of drugged driving, the most important first step is to seek the counsel of a DUI attorney. Contact the Law Offices of Ramsell & Associates today.

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