Jacksonville DUI
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Mothers Against Drunk Driving (MADD) have come out against a new batch of T-shirts from Urban Outfitters that they claim promotes teenage drinking which eventually leads to teenage drunk driving. As reported by The New York Daily, some of these T-shirts are imprinted with alcohol-themed phrases, including “I Drink You’re Cute” and “I Vote For Vodka”. These T-shirts are marketed to teenagers, which makes MADD even more concerned about their suitability. They believe that these T-shirts are inappropriate, and even more so for teenagers.
“As a mother I believe that these shirts are not acceptable for anyone under the age of 21,” says Jan Withers, president of MADD. It’s not hard to see why she is concerned about this issue — her teenage daughter was killed in an accident involving a drunk driver. About this new batch of T-shirts for teenagers from Urban Outfitters, she says that, “these T-shirts send the message that it is cool to drink. The dangers of underage-drinking are well known. We also cannot ignore the fact that underage drinking is illegal.”
Janet Evans, spokesperson for the Federal Trade Commission, was sympathetic to the concerns raised by MADD, but said that the T-shirts cannot be banned because they are protected under laws which allow promotion of branded goods and merchandise by a seller.
Urban Outfitters was also in news recently because of another set of controversial shirts which featured the Star of David. The Anti-Defamation League had come out against those shirts because they found that the design was reminiscent of the sign that the Jews were made to wear under the Nazis during the World War II.
Withers is of the opinion that the release of these T-shirts gives us an opportunity to discuss the dangers of underage drinking with teenagers. “Research shows that the best way to fight underage drinking is to have regular dialogue with your children,” she says.
Does MADD, and Jan Withers, have a point when they want Urban Outfitters to withdraw this set of T-shirts? What do you think about it?
If your teenage child is ever arrested for teenage drunk driving, you will need a good DUI defense lawyer. Musca Law’s legal team has years of experience, therefore, you can rest assured that your child’s defense team will expertly handle the case.
Drunk driving cases have been increasing steadily, especially among young people. You will however have to agree with me that some cases are both unbelievable and funny. I came across a list of unbelievable drunk driving stories that just made my day.
Son, Mom And Dad All Arrested For Drunk Driving
This South Canterbury family must have set a record of some kind. It all started at around midnight when their teenage son was arrested for drunk driving. The kid blew 529 which is more than three times the youth limit. The cops called the kids mother to pick him up but she was also booked for drunk driving. She blew 776 which is almost twice the legal limit. The mom decided to call her husband and guess what; he was also arrested for drunk driving.
Drunk Woman Calls Cops On Herself
It goes without saying that it would be advisable to take a cab home after a night out with your friends. However, a 49 year old Wisconsin woman deiced to call wrong kind of cab. She called 911 to report a drunk driver which is very responsible of her especially because the drunk driver was her.
Employees Who Pushed Their Boss’s Car Home
A group of ten Chinese employees decided to push their employer’s car home because none of them was sober enough to drive the boss home which was three miles away. Passers-by were astonished by the group who were singing and laughing as they pushed the car. The cops said that so long as the engine was not running, it would not be classified as a drunk driving offense. What a way to show loyalty to your boss.
Man Who Got Arrested For Driving a Motorized Beer Cooler
An Australian man was arrested for driving a make shift vehicle while drunk. Surprisingly, the man had customized the beer cooler and installed a 50cc engine. When the cops caught up with him, he was already the motorized beer cooler down the road.
It would be advisable not to drink and drive but in case you do and you get arrested, you will need a reputable and experienced lawyer to defend you against the drunk driving charges. At Musca Law, we pride ourselves in being the best DUI lawyers in Jacksonville. Our lawyers have over 100 years of combined experience. Therefore, you can rest assured that your case will be handled by a lawyer with years of experience. If you ever get arrested for drunk driving, give us a call and let us spearhead your defense.
When it comes to DUI related offenses, the subject of international travel is not often in the forefront of the minds of the offender. However, travel may be one of those activities greatest affected by such an infraction due to the stain it may leave on one’s criminal record. Although many DUI offenses may fall under the category of a misdemeanor, having such a charge on your public record may be just enough cause for a border official to deny your entry into a country. It is for this reason that one may want to consider the services of a respected DUI attorney.
Countries such as Canada have very strict laws preventing the entry of those convicted of DUI or DWI. Knowing one’s legal options ahead of time is the only true precaution in avoiding such a restriction.
What Can a DUI Lawyer Do To Aid Travel?
The case of a DUI is certainly not one that should be taken lightly. DUI offenses are the leading form of motorized deaths in North America and the only true cure for such a gross misjudgment is through education and prevention. That being said, as people we are prone to making mistakes and assuming that the DUI offense did not result in death, serious injuries, damages or is a repeat offense then it should not inhibit one’s right to cross borders. A DUI attorney has the ability to assess each instance on a case by case basis and determine the best approach in having the charges either reduced or (in some cases) removed. Therefore, allowing for travel on international soils.
Traveling is a part of any healthy lifestyle. Whether for the purposes of business or pleasure, the freedom to come and go as one pleases is a luxury that shouldn’t be taken for granted. If you have been convicted of a DUI offense your best recourse may be to contact a legal professional to evaluate your next steps.
Blood Alcohol Content or BAC is a numerical basis for the degree of intoxication due to alcohol. It is widely used to help law enforcers and doctors assess the physical and psychological state of an individual. This is taken directly from the percentage of alcohol in the blood, and therefore 0.07% yields 0.07 BAC. It is important for authorities to quantitatively gauge people’s levels of intoxication as drivers past a certain point pose a real danger to others as well as to themselves.
Blood Alcohol Content and Its Effects on the Body
With very low levels of alcohol, an average person will still seem normal even though slight changes are already beginning to occur inside the body.
When the BAC gets in the range of 0.030 to 0.059:
- concentration dims
- the body relaxes
- inhibitions begin to diminish
Up to 0.09:
- vision starts to get affected
- inhibitions totally fade away
An increase to about 0.19 will result in:
- the loss of balance
- slower reflexes
- slurred speech
- wild emotional swings
- even temporary erectile dysfunction.
Approaching the 0.29 level, individuals will no longer understand what is going on around them and may not remember what happened afterwards. This increases vulnerability to crimes and accidents.
Between 0.30 to 0.39, people have been known to fall unconscious, with their bladder function becoming impaired and their heart rate getting erratic.
At 0.40 to 0.50, displays of inappropriate behavior may occur if the person is not already unconscious.
Beyond 0.50, the alcohol in the bloodstream becomes so high that the toxicity could result in poisoning – a possibly fatal condition.
Factors Affecting Blood Alcohol Levels
The body has natural mechanisms to manage alcohol levels as well as innate predispositions to intoxication. The rate at which the BAC will rise depends on:
- weight
- sex
- race
- health
- body fat percentage
- amount of food recently eaten
- and tolerance to alcohol.
For instance, Asians often have issues metabolizing alcohol leading to more painful hangovers. Urinating frequently helps the body get lower the BAC.
The Legal Limits of Alcohol Consumption
Countries around the world differ in their appreciation of BAC for purposes for law enforcement. Some Eastern European nations like Russia, Slovakia and Romania operate on a rule of zero tolerance for drunk drivers. The US imposes a 0.08 limit for adults in most states and 0.00 for underage drinkers. The Cayman Islands allows the highest legal limit at 0.10. Penalties range from fines to cancellation of license to prison time for repeat offenders. To mitigate the penalties, drivers who are charged with DUI are encouraged to seek legal representation from a specialized DUI defense attorney, like Musca Law.
Conclusion
The Blood Alcohol Content index serves as a guide for both citizens and law enforcement officials regarding acceptable behavior when driving. Intoxicated drivers are responsible for thousands of accidents and fatalities every year. Responsible drinking must be exercised by all to prevent further tragedies.
Law enforcement organizations need to be on top of the crime situation at all times. This is why these organizations always come with new policies to deal with crime rates and reduce criminal activity. Once in a while, experts in law enforcement come up with smart and innovative methods of reducing criminal activity. One of these innovations was the establishment of the first drug court in Miami, Florida in 1989.
Understanding the Drug Court Concept
These special courts are established to make things more convenient for law enforcement agents. They were also set up to deal with the rising incidence of drug use and drug-induced crime in most parts of the US. These courts are judicially supervised court dockets. They handle cases of non-violent substance abuse and they can be considered problem-solving courts. When people are brought before these courts, the first step that the court will do is to establish whether the suspects are users or dealers.
Making the Distinction Between Drug Users and Drug Dealers
In most American states, drug use can be classified as a misdemeanor. On the other hand, drug dealing is a felony. Once the special court establishes that the suspect is a user and not a dealer, the suspect in question can be counseled and rehabilitated. The court will recommend a special program for the suspect and if the suspect completes the program, he or she may be cured of the drug problem and become a useful member of the society.
The Connection Between Drug Use and DUI
The expression “drug court” covers a lot of ground. Most people may associate the court with narcotic drugs like cocaine, heroin, marijuana and opium. The truth is that these courts actually deal with all forms of substance abuse. In cases of DUI, the court will establish the substance that was used by the suspect involved. The court will also investigate the extent of drug use by the suspect and how long the suspect has been a drug abuser. Based on the results of these “investigations”, the court will recommend an appropriate drug rehabilitation program. The point here is that instead of just punishing the driver for the offense of DUI, the court will try to get rid of the substance abuse which caused the DUI situation.
With the assistance of an experienced DUI lawyer, a person charged with DUI will have an opportunity to prove themselves to be worthy of rehabilitation, rather than dismissed as a criminal who is beyond betterment.
Restoration Instead of Retribution
Some people believe that drug courts are not in the business of punishing offenders and they are correct. These courts believe in restoration and rehabilitation. People brought to these courts under DUI charges can complete the rehab program and get much better deal from the court. In some cases, the court may dismiss the charges. In other cases, the court may reduce the sentence or offer the suspect other incentives. This approach has been very successful in Florida. This is why other American states are taking this great option to deal with DUI cases.
The state of Florida has some of the toughest penalties on drunk driving in the United States. The State legislature passed the tough laws on the back of a rising number of drunken driving incidences in the state. In 2008, drunk drivers were responsible for over 1,000 fatalities in Florida. This is according to data from the National Highway Traffic Safety Administration (NHTSA). These grim highway statistics led lawmakers in the state to take action.
State Laws Aimed at Reigning In Drunk Drivers
New laws such as the “Implied Consent Law” are now in place to protect both innocent drivers and pedestrians from drivers who drive while intoxicated. Below are a list of other laws that are in place in the State of Florida.
.08 Per Se Law
It is illegal to drive a motor vehicle in the state of Florida if your blood alcohol concentration exceeds .08 percent. A man weighing 190 pounds may drink three to four beers in order to reach such a state of inebriation. A woman weighing 120 pounds may drink two to three alcoholic drinks to reach this limit. Any person who surpasses the 0.08 percent alcohol intake limit is legally drunk.
A person whose BAC exceeds .08% is likely to suffer from impaired:
- reflexes
- depth perception
- logical reasoning
- peripheral vision
- coordination.
These are hardly the right conditions to drive a car. Driving a car with blood alcohol content of 0.2 percent or less is outright dangerous.
A person whose BAC exceeds .02% is likely to show signs of:
- slurred speech
- staggering
- sleepiness
- slowed reaction time
- occasional blackouts among most individuals.
Sobriety Checkpoint Law
Florida state laws require one to stop, and accede to sobriety testing by law enforcement officers. This is in line with the “Implied Consent Law” that comes into force once someone receives his or her driving license from local DMV Offices. When stopping a driver, a traffic patrol officer can order the driver to take a blood, urine, or breath test, based on the officer’s preliminary observations.
Vehicular Homicide Laws
This law includes the various penalties and sentencing timelines permitted against drivers found guilty of causing death through drunk driving.
Mandatory Testing and Treatment Laws
Under this law, anybody involved in a fatal accident must have his or her blood alcohol content tested. This includes both survivors and persons killed in the accident. In addition, drivers found guilty and convicted of DUI/DWI must undertake prescribed treatment programs for alcohol or drug abuse.
Ignition Interlocks
First time DUI offenders, with the exception of those aged below 21 years, normally get away with fines and warnings from authorities. Second time DUI offenders are legally required by state law to fit ignition interlock devices on their vehicles. Second time offenders aged below 21 years get their licenses immediately suspended for six months, and are likely to do some jail time, or pay a fine. In addition, they can look forward to insurance penalties.
When faced with the possibility of these stiff penalties, offenders should seek a DUI defence lawyer in Florida like Musca Law.
Florida DUI Statistics in 2011
DMV records from the Sunshine State indicate that there were 33, 625 convictions against drivers under the influence of alcohol in 2011 alone. Law enforcement authorities across Florida from Tampa to Fort Lauderdale issued a total of 55,722 DUI tickets to drivers.
Officer Richard Fiorito of Chicago was pulled out of street duty three years ago after there were allegations that dozens of his charges were false ones. This came as a shock, due to the fact that he was praised by Mothers Against Drunk Driving for his aggressive nature when it came to DUI arrests. After numerous lawsuits, the city awarded $100,000 each to two drivers who were falsely arrested and maliciously prosecuted, as well as $250,000 in total for their lawyers’ fees. Officer Fiorito had another lawsuit against him in 2009, in which the individual was awarded $25,000.
A History of Dishonesty with DUIs
There have since been several people who have come forward with allegations dating back as far as 2003. Attorney Jon Erickson brought a number of these lawsuits, and he stated that he truly was astounded by how brazenly dishonest the Officer has been. Erickson won not-guilty verdicts for four of the drivers who had been arrested under charges of DUI, and he managed to track down 40 others who stated that they had been victimized, as well.
Many of the individuals who came forward are members of the gay and lesbian community in Chicago. They claimed that Officer Fiorito used discriminatory, hateful language towards them. There were people who claimed that he used racial slurs towards them. When Officer Fiorito was questioned about this, he said that they were all lying.
Legal Outcomes of the False DUI Cases Against Officer Fiorito
In total, the Cook County state’s attorney office dropped DUI charges against over 130 individuals. Every one of them besides Steve Lopez and James Dean Jr. did not seek damages, due to the fact that they pled guilty initially for lesser traffic charges in exchange for not being charged with a DUI. Lopez was particularly adamant about pushing the case forward, as he is a truck driver and it would be damaging for this to stay on his record. He has a family whom he must support, and the charge would have ruined their future.
A good DUI attorney, like Musca Law in Jacksonville, will aggressively fight charges on behalf of their client.
Officer Fiorito resigned from his job in December. He maintains that he is not guilty of what others have alleged against him. He states that he did not regret any of his actions during his 13 years on the force.
Jacksonville Jaguars‘ rookie wide receiver Justin Blackmon avoided jail time after a DUI arrest and is looking forward to starting his professional debut today (August 17). Blackmon was arrested in June by police after a traffic stop. A breath test allegedly showed that his blood-alcohol content was three times the legal limit. To make his case even worse, Blackmon was already arrested on a DUI charge in Texas in 2010 that was later reduced to underage alcohol possession.
How Did He Avoid Jailtime?
Despite this being Blackmon’s second alcohol related conviction, he managed to avoid jail time. This was partly due to doing several things right, considering his circumstances:
1) Psychological Assessment
Blackmon agreed to a psychological assessment which determined that his case was not the result of alcohol addiction. The psychologist recommended no additional treatment for alcohol abuse, saying “This is just a one-time thing, poor judgment”.
2) Plea Bargain
Blackmon initially pled not guilty, but due to negotiations between his lawyer and the prosecution, he later pled guilty in exchange for no jail time. Instead, he must pay a $500 fine, $100 fee to a drug abuse and treatment fund, and pay his court costs. He must also complete 50 hours of community service by the end of January.
3) Changed Man
It’s hard to say that this affected his sentence, but it likely helped save his job: Blackman publicly vowed to avoid using alcohol for the time being, saying he’s a changed man.
“Right now, I’m done with all that. … I can’t promise you 10 years down the road that I’m going to be done. I just know that as of right now and what I can speak of. I’m looking forward to getting ready to play football and putting this in the past.”
Just in Time
The ruling comes just in time for Blackmon, if it was later than today it could have scarred his football career. Blackmon was the fourth pick of the first draft, and is expected to boost his team forward this year. He plays his first professional game tonight, and will have to put this unfortunate DUI behind him.
Sources: sbnation.com, sportsnet.com.
Planning a trip to Canada can be fun. What you may not realize is that there are certain convictions that can keep you from getting into the country. Most felonies as well as some misdemeanor charges can prevent you from being able to complete your plans to visit Canada. If you have a DUI you may be wondering if you can get into this country. There are a few things you will want to keep in mind with this.
First of all, if you have a DUI conviction, you will be placed on the Canadian Inadmissable status. What this means is that they will not allow you into Canada freely. This is only a list for people who are not residents of Canada so there will be no issue if you are a resident and want to go back home. The DUI ranks among many other charges, including shoplifting, unauthorized firearm and drug charges to name a few. It is important to keep in mind here that the law refers to a conviction.
The good news is that if you do have a DUI conviction or other type of conviction that will keep you out of the country there are still a few options you can use to get into the country. The one thing to think about though is that these methods are labor and time intensive. However, if you need to be able to visit this country, then it is best to know what these methods are as well as how you can take care of it.
Options
Option #1:
First option you have when you need to get into Canada with a conviction is to wait five years from the time you finish the sentence for the charge. After you have completed this wait time, you can apply for a Minister’s Approval of Rehabilitation. The downside to this though is that it does take a while to get all the paperwork to go through. On top of this, you will be facing many fees to submit and get it approved.
Option #2:
The other option you have available is to apply for a temporary resident permit. This is used for those who need to get into Canada, but it has not been five years since the termination of the conviction. This also has many different requirements in order to be able to receive and also comes with fines.
If you need to apply for one of these methods of entry into Canada, then the best place to go is to the Canadian Consulate General. There are five locations in the United States and they are located in New York, Buffalo, Detroit, Seattle and Los Angeles. You will need to apply with one of these offices in order to be able to get into Canada.
The process of applying for entry can be very confusing and time intensive. If you want to ensure that everything goes the way you want it to, then the best thing you can do is seek a lawyer to help you. They will be able to fill out the necessary paperwork for you and get the permit or approval you need. Though this will not be cheap, it does beat doing the work on your own, especially if you find it has been done wrong and must be redone.
Canada is a beautiful country and if you want to experience all the wonders it has to offer when you have convictions of DUI or other charges, then you will need to go about the special methods. Though this is a lot of work, it is worth it to get into Canada as you so need. It is just important to make sure you get all the paperwork done in plenty of time before your trip.
What happens when the people who save other people from DUIs get DUIs themselves? A Jacksonville psychiatrist specializing in substance abuse and addiction treatment was recently arrested for DUI after being spotted by a retired police officer.
The Arrest
The police officer pulled over Mohamed Omar Saleh, 59, when he noticed that his white car was swerving on the road around midnight. The retired officer alerted police, who pulled him over and conducted a sobriety test. They determined that Saleh was impaired and brought him to jail.
Who Doctors the Doctors?
Saleh has been practicing since 1984 and has worked with many patients in several hospitals. Everyone makes mistakes, and they shouldn’t have to suffer forever because of them, but, unfortunately, Saleh’s job is to help people deal with their addictions and keep teach them to avoid DUIs. In that respect, he’s the worst person to be arrested for DUI.
What Does it Mean For Mohamed Omar Saleh?
We don’t know yet whether he will lose his job, but police told reporters that they had received several requests for Saleh’s records by departments such as the DEA, and the department of health. Saleh refused to speak to reporters about whether he would keep his job, but there’s no doubt that he will have to deal with the legal system, and get a Jacksonville DUI lawyer to defend him.
Saleh’s Future
What will the future bring for Saleh? Perhaps once this ordeal is behind him, Saleh will understand better what it’s like to be in the position of his patients, helping him to better treat them. What do you think? Should he get out of the substance abuse field because of this transgression, or should he work harder and stay in it? Let us know what you think in the comments.
