DUI Accidents and the Legal Matters Involved

A DUI arrest brings with it several legal consequences, and those consequences become more serious when an accident is involved.
In DUI accidents, it isn’t just the drunk driver who has to attend to legal matters. The victims, whether another driver, a pedestrian, a passenger in the drunk driver’s car, or the family of those who died or were seriously injured in the said accident, also need to understand their rights under the law so they can take appropriate legal action. Here are some of the legal matters involved in DUI accidents that all parties need to understand.
The civil liability of drunk drivers
In any DUI accident, it is imperative for authorities to establish that the driver who caused the crash was indeed drunk when it happened.
Breathalyzers, field sobriety tests and blood tests should help the police determine the blood alcohol content (BAC) levels of the DUI offender. Once the tests confirm that the driver was indeed drunk, he or she will be exposed to civil liability suits from the victims of the accident.
As a respondent in a civil case, the at-fault driver may also be compelled by the court to compensate the victims who have filed property damage and personal injury claims.
Criminal liability
A DUI is already a crime, so those arrested for drunk driving will be prosecuted in court and if convicted, will have to pay stiff fines and will likely spend some time in jail, depending on the judge presiding over the case. The legal consequences are only going to become more serious in DUI accident cases, particularly when other people suffered injuries or there is property damage.
And when somebody dies because of the accident, the at-fault driver will be facing vehicular manslaughter charges, a felony with more severe consequences once the driver is convicted.
Dram shop laws
In DUI accidents, authorities are tasked to look beyond the drunk driver when determining liability. Under “dram shop laws,” DUI accident victims can sue business establishments that served drinks to a person who later caused the crash that caused injury, property damage, or death.
These dram shop laws, which are currently enforced in 38 states, also hold liable for any drunk driving accident the hosts of a social gathering who allow a guest whom they know to be intoxicated to get behind the wheel and drive away.
In cases where the drunk driver who caused the accident is a minor, victims can also file a case against the adults who provided alcohol to the at-fault driver. Some states are even stricter when it comes to their dram shop laws. If a minor causes a drunk-driving accident and law enforcement finds out that he or she had been drinking in a certain home right before the crash, its owners will be facing charges as well, and it doesn’t matter if they know the minor had been drinking inside their residence or not.
Whichever party you are in a DUI accident, it is important that you get an experienced DUI attorney by your side to help you see all the legal matters through until the conclusion of the case.

Arizona DUI Team

Mac Miller arrested for DUI


Mac Miller has allegedly been arrested for driving under the influence of alcohol.

 

The 26-year-old rapper is believed to have been drinking before he got behind the wheel of his 2016 G-Wagon, which he allegedly crashed into a power pole in the San Fernando Valley at around 1am on Thursday (17.05.18).

According to TMZ, Mac – whose real name is Malcolm James McCormick – and two passengers who were in the car at the time allegedly fled the scene on foot.

It has been claimed that an eyewitness called police and told them which direction the group had gone, and when cops arrived on the scene, they ran the plates on the vehicle at retrieved Mac’s address.

The publication reports that when police arrived at the home of the ‘My Favorite Part’ rapper, he allegedly “confessed to driving drunk and fleeing the scene.”

A law enforcement source is quoted by TMZ as saying: “He was the most polite and nice intoxicated person we’ve ever seen.”

Mac was allegedly taken to jail, where his bail was believed to be $15,000, and was released from the facility later on Thursday.

The alleged incident comes after the rapper recently split with his girlfriend of two years Ariana Grande, who took to Instagram earlier this month to voice her “endless support” for her former beau.

Posting a picture of the pair on her Instagram story last week, the 24-year-old singer wrote: “Hi! This is one of my best friends in the whole world and favorite people on the planet Malcolm McCormick. I respect and adore him endlessly and am grateful to have him in my life in any form, at all times regardless of how our relationship changes or what the universe holds for each of us! (sic)

“Unconditional love is not selfish. It is wanting the best for that person even if at the moment, it’s not you. I can’t wait to know and support you forever and I’m so proud of you!! (sic)”

 

http://qctimes.com/people/mac-miller-arrested-for-dui/article_2f534504-1470-57dd-a54b-0b997965f89e.html

Police: Taxi driver pulled over near strip club was under influence of marijuana

SPRINGFIELD, Ore. — Springfield Police pulled over a taxi driver who they say was under the influence of marijuana early Monday morning.

Police say 61-year-old John Jelley of Eugene was driving the taxi on Mohawk Boulevard without headlights or tail lights on with a customer in the car.

Springfield Police say the taxi was taking the customer from the Sweet Illusions Strip Club when the officer stopped the vehicle.

Police say the driver showed signs of impairment when speaking to the officer.

“The officer contacted the driver and subsequent investigation determined that the driver was driving on intoxicants, specifically marijuana,” said Sgt. Brian Humphreys.

According to police, there was a distinct smell of burnt marijuana in the taxi.

In a search of the vehicle, police say they found marijuana paraphernalia.

Jelley was arrested and sent to the Springfield municipal jail.

Police stress to drivers that operating a vehicle under the influence of marijuana is dangerous. They say don’t get into a car with someone you think may be impaired.

“Driving is a divided attention task and when you start to impair that it makes the task dangerous,” said Sgt. Humphreys. “So a lot of the things that officers look for, with impaired driving can stem from the use of narcotics, and stem from the use of marijuana–prescription drugs there is a lot of things, that can impair our ability to drive safely above and beyond just the use of alcohol.”

According to police, Jelley called another taxi driver to take the customer home.

Jelley is charged with DUII and reckless driving.

http://kval.com/news/local/oregon-taxi-driver-under-the-influence-with-customer

What To Do If You’re Arrested For DUI

Getting pulled over by a police officer on suspicion of drunk driving isn’t exactly the way you’d like your evening to end, but it’s something that you can’t really do anything about except comply. You’d be in a whole world of trouble if you didn’t.
However, if you do get in trouble by getting arrested for a DUI anyway, there are a number of things you need to do to better your chances of beating the DUI charge.
Consequences of a DUI
Before delving into what you need to do if you get arrested for a DUI, you need to be aware of what would happen if you’re convicted of the crime.
You could face jail time, and the length of the sentence would depend on the DUI charge and other circumstances. You will also be made to pay heavy fines that will definitely make a dent on your finances.
In most states, a first-time DUI conviction also leads to the mandatory installation of an ignition interlock device, which requires the offender to blow into the device before he or she can start the vehicle. The IID measures the alcohol in the driver’s system, and temporarily locks the ignition of the vehicle, effectively preventing the driver from driving and causing harm to anyone.
Get the services of an experienced DUI lawyer
No other step is more important or urgent than actually contacting a lawyer who specializes in DUI cases the moment you get arrested for a DUI. While you can always choose to represent yourself in court or maybe ask a friend who’s a lawyer but isn’t a DUI attorney to defend you, keep in mind that a DUI conviction can get you significant jail time and cost you thousands of dollars in fines. We’re not even talking about the income you’re going to lose or how a conviction could ruin your career potential for the rest of your life. Contact a skilled and experienced DUI attorney who knows the ins and outs of DUI laws and procedures, and improve your chances of dodging a DUI conviction.
Petition the DMV for a license suspension hearing
Would you still want to drive after your DUI arrest and during your DUI legal proceedings? Then request a license suspension hearing within 10 calendar days of your arrest. Fail to do this, and you can say goodbye to your drivers’ license for at least four months, as the DMV will automatically suspend it.
Have your DUI lawyer get hold of all police records about your arrest
You would want to be armed with every possible detail of your DUI arrest, so it only makes sense to obtain all police records related to it. Every question that was asked of you by the police officer, your responses to the said questions, results of breathalyzer tests or field sobriety tests, or even the manner in which the officer stopped your car will all matter during your trial. In some cases, those details might just get you off the hook.
Work with your DUI attorney on your defense
Your DUI attorney knows how to go about defending you in court, but your cooperation with him or her is of paramount importance. Your conviction, acquittal, or reduction in penalties depends on the evidence against you, and your lawyer will need your side of the story and any other evidence you can provide to help him or her decide how to approach your case.
If the evidence against you is overwhelming and conviction is a foregone conclusion, your DUI attorney can find ways to negotiate with the prosecutor for a lesser charge and therefore lesser penalties. Your DUI lawyer can also question the sufficiency of the evidence against you, and even challenge the constitutionality of your arrest. Your input is essential, and your DUI attorney solely needs it to help you out.

Bio:
Kevin Crowley is an experienced DUI lawyer at Lane, Hupp & Crowley PLC, a team of criminal defense lawyers in Phoenix, Arizona. He enjoys writing about law and helping his clients handle their legal needs.

Mom used kids to push wrecked vehicle after DUI crash

MEMPHIS, Tenn. — A Memphis mother is accused of driving under the influence, crashing her vehicle and then trying to push her damaged car away from the scene with the help of her two children.

The incident happened on Mays Glade Drive late Saturday night, according to WREG.

The mother, Krysten Scott, told authorities she was heading westbound when a sedan hit her car, according to the Shelby County Sheriff’s Office. Despite the significant damage to her vehicle, the Scott reportedly tried to drive away. When that didn’t work, witnesses said she jumped out of the vehicle and started pushing it home with the help of her children.

When one witness asked her what she was doing, according to WREG, she simply replied, “Can you help us push my car to my house?”

By the time authorities arrived on the scene, both children had walked home. Scott followed as police were taking witness statements, authorities said.

When investigators arrived at her door, she refused to answer. Several minutes later, she walked out of the house to make a call and was promptly put in handcuffs, according to the sheriff’s office. The arrest report noted Scott resisted officers and then “tested poorly” on the field sobriety test, despite her insistence she wasn’t drunk.

Scott was arrested and charged with driving under the influence, child abuse/neglect, resisting official detention and leaving the scene of an accident involving injury.

Mom used kids to push wrecked vehicle after DUI crash, police say

Sacramento restaurant creates cocktail for beloved bartender killed by drunk driver

Navarrete was driving home after working a Friday night shift around at Zocalo’s University Village location around 12:30 a.m. when he was hit at the intersection of El Camino Avenue and Evergreen Street.

The driver who allegedly hit Navarrete is 38-year-old Xoury Soukouang. He has been charged with gross vehicular manslaughter while intoxicated and is currently booked at the Sacramento County Jail on $350,000 jail.

Navarrete’s friends and co-workers remember their friend as a hard-working, loving person with the most infectious smile.

“He was the light of everyone’s life. He literally lit up the bar,” Jewel Carbone, who manages Zocalo-UV, said.

Nestor Jimenez, who worked with Navarrete for more than six years, said he had the best smile “hands down.”

“Best smile of all three Zocalos,” he said. “No one competes with that.”

A GoFundMe page has been set up to help pay for Navarrete’s funeral expenses.

In addition, Zocalo has created a cocktail in his honor called “La Sonrisa,” which means “the smile” in Spanish. It will be sold at all three Zocalo locations this week. Proceeds will go to Navarrete’s family.

https://www.abc10.com/article/news/local/sacramento-restaurant-creates-cocktail-for-beloved-bartender-killed-by-drunk-driver/103-552141119