Infographic provided courtesy of https://azduiteam.com/ .
Security Tips To Guarantee Your Safety While Driving
Look At The Bigger Picture
There are a lot of security gadgets you can acquire which will help you ensure your vehicle’s safety; but a strategic, proactive, conscientious approach can provide better overall safety than all of them. You need to know the numbers, know the reality, and act accordingly. For example, you’re going to get in a wreck sometime, according to the insurance statistics.
It depends on the insurance agency you’re considering. Some say you’re going to get in a wreck every seventeen years, some say you’re going to get in a wreck every nineteen years. You can split the difference at 18 if you’d like. But according to the numbers, if you start driving at 18, and remain sober and healthy enough to drive until 90 or 94, you’re likely going to have at least four wrecks; they’ll either be your fault or someone else’s.
So knowing this, you want to plan in advance proactively. Full insurance makes sense right out the gate. Exercise the options available in your vehicle’s warranty, and ensure you keep it properly maintained at all times. You won’t have to worry about your brakes failing if you have them serviced well before the “red line”, as it were.
Beyond vehicular maintenance, you need to exercise defensive driving. That is to say: you need to drive several miles down the road. It’s not enough to be just a few car-lengths ahead. If you really want to be the best you can, you might want to plan your trips out a few days in advance.
Consider Southern California. Most the time, if you’re near the coast the weather is going to float right around 80 degrees. But occasionally a heat wave comes through and jacks the temperature up to 110+, Fahrenheit. If you see there’s such a wave coming, you might leave on your daily commute an hour early before it’s too bright out.
Then, you avoid your car getting hot initially, you avoid traffic, and you can find a shady spot to park for your shift. The sun and water will wear down your vehicle steadily over time, even if you’ve got a fine garage and you wash the vehicle regularly. Strategically considering these things helps you offset such fallout, maintaining reliable operability over the long-haul.
Something else you need to take into consideration is the status of your vehicle when you buy it. Look, the newest car on the lot probably isn’t a deal. As soon as it arrives at your home, it loses value; and continues to. Your investment is eroded steadily unless you buy used. But used vehicles will have problems you’ve got to address. It’s a taut balancing act.
You can check out this driving guide for more information; you’ll be able to educate yourself in areas from “buying certified pre-owned vehicles”, to “how-to” articles on “car financing”. Comprehensive resources like this can be integral in helping you cover all your bases in automotive use as well as care.
It’s important to have preparedness strategies in place as well. You should always have a food and water parcel in the trunk of your vehicle. You want a few gallons of water and a few days’ rations where you can get at them if you get in a wreck, or run out of gas, or have some other mechanical issue that stands you in the boonies.
In short, there are a lot of things which come with owning a vehicle. If you’re going to make the best of it, you’ll need to be strategic, and use the resources available to you. Taking such an approach can help you preserve both yourself and your investment in your vehicle. Taking this approach additionally betters your community by reducing your negative impact locally.
How Orange County DUI Lawyers can help you
Life can be unpredictable. Accidents may occur anywhere and anytime. A person in Orange County, California may find himself or herself arrested for driving under the influence (DUI). The innocence of the person accused always remains to be determined by the court. So, it is important to have an advocate in court to act as their DUI lawyer. If you, or a loved one, need such legal services, you should consult with and have access to a reliable, qualified and experienced Orange County DUI lawyer.
Experienced Orange County DUI lawyers are familiar with all court procedures. When it comes to your case, you need to follow the required process, which includes making all court appearances and participating in your defense. Our Orange County DUI lawyers will come to your defense to see that you get the aid required in defending your case. DUI defenses are scientific in nature, as well as legal, and can be a lengthy and complex procedure. We also analyze all the possible outcomes of your case making you psychologically prepared and empowered to make decisions, knowing the options available to you. While the services of an effective attorney may be expensive, the Orange County DUI lawyers at Miller and Associates provide quality service at lower prices and even allow payments.
One major advantage of having access to an experienced and competent DUI lawyer before there are problems is to be ready if you are faced with unexpected arrest. The law allows you to make a phone call to your lawyer, and a licensed legal practitioner can come to the rescue of the accused person at the police station on a mere phone call. Also, the courts and jail allow a person arrested to contact a lawyer. Keeping contact with a reliable and experienced lawyer is very important, as a person accused of the charges does not have to rely on someone he scarcely knows. A good DUI lawyer keeps himself up to date with the constantly changing laws of California, as well as the local procedures unique to Orange County. They will explain all the rights to their client and act as a buffer with the police. Most ordinary people are not acquainted with the laws of the State. So, prior knowledge will not allow any unscrupulous police officer to take undue advantage of the person arrested.
Another major reason for keeping prior contact with a DUI lawyer is, in case a person gets arrested; his legal representative can immediately help to bail him out. However, the conditions of bail will depend on the severity of the crime the person is charged with, and usually requires a bail bond company. A lawyer can also negotiate the bail amount in court at the first court hearing.
A person without any legal representation puts himself at a disadvantage. Only an experienced DUI lawyer can get the best terms for bail. In case, an offense is done against the person himself; the attorney is the best positioned to advice him when and how to take legal action. The legal representative will also weigh the chances of winning the suit and advise his client accordingly. Even if there is a poor chance of success, the attorney will prepare the client beforehand, so that sudden trauma and stress do not cause harm to the person’s health.
The attorneys have experience and they help a client look at different possibilities and consequences. These lawyers can argue to get a warning or a lesser penalty. People who consider going to courts without these representatives might end up getting heavy penalties and even their driving licenses revoked through the separate DMV process.
These law representatives have a variety of services they offer to individuals. The attorney can have access to your court case, and this means you have higher chances of getting a fair judgment. The law is hard to comprehend for ordinary persons, and the crime leads to serious consequences. The attorney can explain in details the effects and the charges.
A person arrested might be tempted to plead guilty to the offense. Pleading guilty is not the right thing to do as there are substantial penalties. The arrested person needs to get an expert opinion before pleading guilty. The advocates have studied the law and expertise in the niche of DUI defense, so they will be in a better position to analyze the DUI offenses committed. They can advise a person arrested for this crime the consequences and then represent them to get a fair judgment.
DUI is a criminal crime, and as such, a person appointed with DUI should not take this charge lightly. Engaging a cheap attorney for your case may not be a wise choice, especially when the attorney’s track record with that sort of case is not extensive.
Don’t forget that the DMV is a technical hearing that requires special handling, and has different rules and procedures from your Orange County DUI case. You should take action today and get yourself a reliable, reputable and experienced DUI lawyer. The Orange County DUI lawyers that you choose must be trusted and give their services when called. They inform the client of everything no matter how painful it might look. A good reputation means they have been reviewed positively in the past.
DUI specialist Orange County 2018
If you’re arrested for DUI, you will want someone that is not only familiar with DUI cases but also makes it a majority of their practice. A DUI specialist Orange County – someone that handles only Orange County cases, and someone that handles only DUI cases, is who you should consult with for your 2018 DUI case.
A note is appropriate here – a DUI specialist is not an official designation by the California State Bar. The California State Bar only recognizes and certifies attorneys as criminal defense specialists, by requiring them to take an examination showing competency and knowledge in criminal defense. As a criminal defense charge, a DUI is covered under criminal defense certification. The DMV portion of a DUI case, which is handled separately from the court part of a DUI case, is administrative in nature.
Work with an Orange County DUI Attorney
Criminal DUI Penalties in California
- Up to six months in jail
- Mandatory alcohol education
- $5,000 in fines, fees, and costs
- Three years of probation;
- Mandatory alcohol education; and
- Fines and fees that total just over $1900.
- Any Orange County DUI with a high BAC (a blood alcohol content (BAC) of .15% or greater);
- A DUI involving an accident, even if no injury;
- When there is a minor child in the car;
- If you are accused of speeding while DUI;
- If you are on probation for any other case, or have a prior DUI charge within 10 years.
The DUI Suspension of your Driver’s License
You Owe it to Yourself to Work with a Orange County DUI Specialist
- Research, prepare, file and argue motions to exclude evidence, or to dismiss a case;
- Provide information about you, your circumstances, career, and character, as mitigation evidence;
- Outline all the legal defenses, and factual problems, regarding your DUI case, to the prosecution;
- Take your case to trial, and argue any defects in the prosecution’s case, the existence of reasonable doubt, or any problems of proof, and
- Negotiate with the prosecutor, and the judge, towards reducing charges, or minimizing punishment in your DUI case.
Testimonials from past DUI Clients
Yelp Attorney Reviews for DUI Lawyer Robert Miller
DUI Defense Strategies
- Checking the accuracy of the breath machine or blood testing in your DUI case;
- Checking the training, and record of complaints of the police officer involved in your drunk driving arrest;
- Checking the patrol car video, and all audio, data, or photographs involved in your case;
- Checking the officer’s field sobriety test instructions and interpretation; and
- Investigate every aspect of the case and pursue all available challenges.
About Orange County DUI Attorney Robert Miller
- A graduate of the DUI Trial Skills College at Harvard Law School
- Certified in Field Sobriety Testing
- Educated in the science of blood and breath testing
Contact an Experienced Orange County DUI Attorney Now
How Orange County police officers determine probable cause
How Field Sobriety Test Results Determine Probable Cause
- The Horizontal Gaze Nystagmus Test;
- The Walk-and-Turn Test;
- One-Leg Stand Test; and in some cases,
- The Rhomberg Test.
Do your Miranda rights apply to DUI cases?
If you have been arrested for a DUI, you may wonder — do your Miranda rights apply to DUI cases? This page examines that question and the legal issues involved when police arrest you for a DUI case.
As you might know from movies, or television, the police have to read you your rights before obtaining a confession, or admission, to a crime. Most people know, without being an attorney, the following statement:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney, and if you cannot afford one, one will be provided to you free of charge. Having these rights in mind, do you wish to talk to us?”
As an Orange County DUI Attorney, I’ve heard from many people that have been arrested for a DUI that state that the police never read their rights when they were arrested, and want to know if that can be a defense in their DUI case. Unfortunately, in most cases, the police officer’s failure to act in reading you your rights, or giving your Miranda rights, will not end up with the case being dismissed.
Miranda warnings are given to limit the police in situations where coercion can result, specifically in “custodial interrogation”. That term means questioning (interrogation) in situations where you are in custody, or under arrest.
While there is no debate that the questions asked during a DUI arrest are an interrogation, it has been held by California DUI caselaw that questions asked during a DUI stop, for the most part, are asked before the “custody” part of the custodial interrogation takes place. As a result, with a few exceptions, there’s no legal requirement that the police officer advise the person that they even have rights, let alone wait to ask questions.
Consent and Application of Miranda Rights to DUI cases
In most cases, the police will claim two things – consent – that you consented to confess or admit to drinking or driving once they asked you a question, or that they made observations to things out in the open that don’t require reading your rights in a DUI case. Those observations might typically include any of the following:
- an odor of an alcoholic beverage;
- bloodshot, red, or watery eyes;
- an “unsteady gait”; and / or
- slurred speech.
Because those are not considered “statements”, those are not the type of evidence that requires that your rights, including your Miranda rights, be read to you.
Blood or Breath Testing and Your Rights
Likewise, a blood test, or a breath test, and their alcohol testing results, are not the type of evidence that are subject to Miranda rights. In other words, with the observations, and your blood testing results (or breath test results), the prosecutor may be able to make a DUI case against you with admissible evidence, even if you invoke your Miranda rights and say nothing.
So Do your Miranda rights apply to DUI cases?
If a case can only be made based upon your confession, or admission, to drinking and driving, which is rare, then a failure to read your Miranda rights in a DUI case could lead to exclusion of the statements you made. But this is rare, and in most cases, the answer is no.
Contact us if you have questions about a DUI and your rights, including your Miranda rights. We can help you.
Prescription for DUI – How the Meds You Take Could Result in Impaired Driving
Don’t Let Your Medications Become a DUI Conviction
Prescription for DUI – How the Meds You Take Could Result in Impaired Driving. You might assume that if a doctor gave it to you, a drug is safe to take before getting behind the wheel. This is not always the case. In California, as in most states, taking legally obtained drugs can result in a driving under the influence (DUI) charge just as easily as illegal drugs or alcohol if it impairs driving ability. The law makes no distinction between illegal, prescription, and over-the-counter medications when it comes to a DUI charge. Before you take any kind of medication and drive, keep these facts in mind:
DUI Laws Apply to Medications
California Vehicle Code Section 23152 states that a person is not permitted to legally operate a vehicle if he or she has taken illegal drugs or drugs that contain alcohol (e.g., cough syrup) in excess, or if he or she is under the influence of prescription medications or over-the-counter medications. It is up to law enforcement to determine whether or not a driver is “under the influence.” A legal prescription or doctor’s orders cannot constitute a DUI defense, even in the hands of the best Orange County DUI Attorney. If an officer has reason to believe a medication has impaired the ability to drive, the officer can make an arrest on suspected DUI.
Prescription for DUI – How the Meds You Take Could Result in Impaired Driving. The penalties for a prescription-drug related DUI are the same as for other DUI convictions. If a blood or urine drug test shows the influence of any drug – legal or illegal – that impaired driving ability, the driver can receive a DUI. Penalties for driving under the influence of a prescription drug in California can include six months imprisonment, thousands of dollars in fines, license restrictions, and mandatory enrollment in drug education courses. In the event you were completely in the dark about the drug’s effects, you may be able to persuade the prosecution to drop or lessen the charges against you.
Common Prescription Drugs Can Impair Driving
Although reading the possible side effects of a medication can help, the drug can affect each person differently. There is no real way to tell how a drug will affect you without taking it and finding out. That being said, it’s always a good idea to test a prescription or over-the-counter drug before administering the substance and driving. There are some drugs you should never take before driving, due to the high risk of drowsiness or impairment. The following drugs will typically contain warnings not to “operate heavy machinery” after taking:
- Cold and allergy medications
- Nerve or muscle relaxants
- Diet pills
- Pep pills
- Any drug taken with alcohol
Prescription for DUI – How the Meds You Take Could Result in Impaired Driving. These medications have a tendency to make drivers drowsy, nervous, dizzy, and unable to concentrate. They can also affect vision. These side effects are dangerous and can easily cause the driver to lose control of the vehicle. California police take DUIs very seriously, and are always on the lookout for drivers who may be under the influence. Regardless of whether the drug was legal or illegal, police will issue a DUI if the drug impaired driving. If you cause a crash while under the influence of a prescription drug, you could be liable for civil damages on top of criminal charges. If you are arrested, contact our Orange County DUI Lawyer. Contact us if you need help. But when in doubt, just stay home after taking any medication.
DUI Arraignments in Newport Beach
- To advise you of your rights in a DUI. Your rights are: To be represented by a lawyer;
- If you cannot afford one, the court will appoint one; and also
- You have the right to represent yourself.
2. To advise you of the consequences.
- You have the right to a speedy trial, to question witnesses, to testify or remain silent
- You have the right to know that under California law if you plead guilty to any weapons or violence crime there is a felony crime for possessing a firearm for the next 10 years
- Under Federal law there are immigration consequences – denial of entry, denial of naturalization, deportation, or denial of citizenship for some crimes.
- To notify you of the charges against you. To also give you a chance to decide what you want to do – plead guilty, or not guilty, or to get a lawyer to help you.
Regarding your fines for an Orange County DUI case:
- You should also know that there is a 280% tax on all fines and fees.
- There is also a state restitution fund up to $150 to 1000, and the court imposes the minimum of $150.
- On top of that in every charge there is a $40 court administrative assessment tax.
- On top of that you are required to pay an extra $30 criminal assessment tax.
- On top of that you’re required to pay another 4-6 dollars, and I have absolutely no clue what that is for.
Booking fees for an Orange County DUI case:
- For Irvine DUI cases you owe them booking fees in the amount of 195
- Laguna Beach DUI booking fees are $195.
- The Orange County Sheriff’s Department is $235.
- Costa Mesa DUI cases have booking fees of $280.
- Newport Beach has a booking fee for DUIs that is a whopping $362. I always joke that those departments must give a balcony with an ocean view, cater your meals from the Ritz Carlton, and have the officer give you daily massages to justify those fees.
- We take credit cards as long as they are not stolen;
- We take checks as long as they are not forged;
- We take cash as long as it’s not counterfeit bills.
Beyond DUI: Driving Risks Over the Age of 65
Research statistics show that older adults involved in crash incidents have the lowest incidence of alcohol content, but are still big risks when it comes to driving. Alcohol, although it plays a role in road driving, is not a major concern of mature drivers. When it comes to age, driving does not get any better even if older adults have more experience behind the wheel in comparison to any other age group. Physical and cognitive functioning are important factors to consider when seniors are driving.
Incidence of Accidents Among Seniors
In 2015, there are 40 million senior drivers 65 years and above according to the CDC. It is estimated by AAA that by 2020, there will be a senior adult for every 5 drivers. Although there were 5,700 older adults killed and 236,000 treated in emergency rooms (CDC, 2014), there are several causes of these accidents. DUI which is one of the causes is on the lower end of the spectrum with 6% of older adults over 75 years testing positive for blood alcohol content compared to 20% for the rest of age groups. There are other major reasons why the elderly is involved in accidents and collisions.
Unfortunately, as you get older, the physical condition is not at its optimum. Aging does not improve endurance or strength. Physical abilities restrict older adults when it comes to driving. Poor eyesight, neck pain, reduced arm strength, leg pain or other medical conditions can make driving difficult for seniors over 65 in their ability to control a vehicle. However, it is these physical abilities that are crucial when on the road. It is vital to react on time when a situation occurs on the road whether there is a human or non-human obstruction or avoiding collisions with another vehicle.
Because older adults are less likely to drink and drive, impairment while driving under the influence is not the major fear. It is their perception of a situation that matters. The decline in cognitive functioning is a primary deterrent for older drivers. They are not able to judge a situation quickly or accurately which can cause accidents or injuries to themselves and others. Reflexes are slower or poorer making driving very risky. Reaction time to a situation is also not as fast as when they were younger.
The bottom line is, not everyone above the age of 65 is fit to drive, even if it means mobility and independence for many. What matters is your safety and that of others. When it is time to hang up the keys, it is important to recognize that and think of alternatives to move rather than risk your life and other motorists.
The above is a guest post by Sally Writes, a contributor to our site. Please contact our Orange County DUI Lawyer for any questions.
How the Internet of Things Will Reduce DUIs in the Future
The California Office of Traffic Safety identified alcohol-related motor collisions as the most fatal in Orange County, with nearly 2,000 injured or killed by drink drivers in 2014 alone. Throughout the state, drink driving accounted for over one-third of all traffic fatalities and claimed a total of 1,053 lives in that same year.
Even more sobering, the National Highway Traffic and Safety Administration estimates that 28 people die in alcohol-related crashes daily in the United States. One life is lost due to a DUI violation every 51 minutes.
In light of this issue, Orange County has a three-point approach to limiting cases of driving under the influence. The first is to deploy policemen in DUI checkpoints across districts and making rounds to apprehend drunk drivers. The county is also training committed prosecutors to persuade juries to convict drunk drivers and deter would-be offenders. Lastly, schools and universities within Orange County are promoting DUI prevention to its faculty and students.
Because of these measures, the numbers have decreased in the past decade, from alcohol-related fatalities amounting to 1,643, or 40 percent of all motor fatalities, in 2004. For many experts on the matter, however, the numbers are not dropping fast enough.
Today, with advancements in technology, scientists are now looking at building safer and smarter cities through the Internet of Things (IoT). IoT, or technology that links devices to each other through the internet, can fundamentally transform our way of life. Scientists are beginning to utilize IoT to create solutions for a wide variety of problems – everything from health and retail, to environmental conservation and, of course, transportation.
Across the globe, companies and governments are learning how to use the technology to improve road safety and address long-standing issues. For instance, Information Age shares that community-based IoT-powered parking in Stuttgart, Germany uses on-board sensors that detect and measure available parking spots in the city. The data gathered by these sensors are then shown on a real-time map on cars within the area. This technology allows drivers to minimize the time wasted when driving around to look for parking.
Closer to home, IoT developments are looking to support existing laws and initiatives to improve road safety. A case in point: The Federal Motor Carrier Safety Administration (FMCSA) ruled in 2015 that commercial drivers must always have an Electronic Logging Device (ELD), to prevent drivers from accidentally or deliberately exceeding their Hours of Service (HoS). This new regulation, set to be fully implemented by the end of this year, is aimed at reducing road accidents caused by tired commercial drivers working in excess of their required HoS.
Under the FMCSA rule, the ELD replaces old paper logging systems with fixed-mount devices or smart device apps, which will need to be connected to the trucking vehicle to automatically record its journey. Fleetmatics indicated that the system can warn drivers when they are approaching their required HoS and automatically update the electronic logs of management. As a result, ELD-assisted operations and businesses are able to minimize cases of driver fatigue, which is proven to significantly increase risks of traffic incidents.
Meanwhile, USA Today reports that tech specialists are further developing Ignition Interlock Devices (IID), which measure blood alcohol levels from a driver’s breath. If the driver fails the test, the system prevents the car from starting its ignition, effectively preventing the driver from DUI and lessening road safety risks. It’s now used in more than 11 states, including California. But to make them more advanced, the concept is also being explored through touch sensors, which could measure alcohol levels from beneath the skin’s surface through an infrared light scanner.
It may take a while before these technologies and further developments can be installed in all vehicles in Orange County. But with continued research and vigilant community support, it’s only a matter of time before smarter cities with safer roads are established.
Exclusively written for Orangecountyduilawyer.com