Drugged Driving Rising – A Life Threatening Concern

stopdrivingDo you know how perilous drugged driving is? Being under the impact of any drug or narcotize that acts on the central nervous system and brain, tarnishes a drivers driving skills, attention, coordination, balance, perception, reaction, judgement and time. Even little consumption of some drugs can prove hazardous. It puts not only the driver in danger but also the passengers and other pedestrians who share the roads and close-by passageways.

Drugged Driving Laws

In all states but New York and Hawaii, driving under the influence of drugs (DUID) is considered as offensive as driving under the effect of alcohol. The only issue with drugs is that they cannot be easily tested for. They are available in varied sizes and shapes, and it is arduous for lawmakers to sustain. Although DUID laws are different worldwide, states mostly litigate drivers based on one or more of the following norms:

1. Impairment: The most common law states that the driver must be incapable of driving or impaired by a given object, to be guilty of a DUID- which means that to get a belief, prosecutors have to prove that the driver was actually harmed behind the wheel. These states do not set a legal blood limit.

2. Habitual Use: Another form of DUID law makes it illegal and unauthorized for habitual users or drug fanatics to drive at all. This is pertinent in five states with an exception of California, that make allowances for drug addicts who are members of drug treatment programs.

3. Incapacitation: Incapacitation law in the 14 states requires the prosecutors to prove that the driver is incapable and unfit to drive safely. The prosecution has to prove that the driver was not only highly drugged but also the drug effect rendered them incapable to drive safely.

4. Zero Tolerance: This law states that any spec of drugs in your system while driving is a crime in itself, even if the drugs are not active in your brain.

Drugged Driving Statistics

According to a Survey by National Survey on Drug Use and Health in the year 2013, approximately 11 million people aged 12 or older, reported driving under the impact of illegal drugs. The rate was higher than the rate in the previous years.

Drugged Driving Penalties

There are a few penalties that are common in all the states such as license suspension, jail time, imprisonment and heavy fines. California, for instance, requires a minimum 4 days of imprisonment and fine ranging from few hundreds to many thousand dollars along with other penalties.

Drugged drivers should therefore be either kept off the road, or held accountable for their actions and encouraged to get proper treatment in order to protect themselves and others

Different Types of Legal Defense Strategies

cropped-law.jpgInsanity Defense

This type of defense was made popular by movies and TV shows. It states that the alleged crime was committed but the defendant didn’t know what he/she was doing is wrong.To have a successful insanity defense, the defendant must have had a serious mental illness, defect or mental disease at the time of the crime. Clear and convincing-evidence must be presented to show that the defendant had a mental defect or disease and that the mental disease resulted in him/her not understanding that his/her actions were wrong.
Relying on the insanity-defense can be quite risky. By using this defense, the defendant will be admitting that the crime was committed which means if the jury happens to reject the insanity-defense, it will most likely find the defendant guilty.  To prove insanity the defendant must:

-Prove a defect/an illness of the mind.
-Prove that the illness or defect made them un-able to understand the nature-of their actions

Intoxication

Although using the intoxication defense will not necessarily clear the defendant(s) of most-crimes, it can at times negate an element-of a crime. However keep in mind that voluntary-intoxication is not a defense.

Duress, Coercion or Compulsion

Coercion, duress or compulsion is a legal defense which basically says that the defendant was forced or coerced to commit the crime because he/she was threatened with unlawful-force. The force or threat-of unlawful force doesn’t have to be necessarily threatened against the defendant but rather, it could’ve been used against another individual like a spouse or a family member.

Self-defense and defense-of-property

This type of defense states that the defendant’s actions, which would otherwise be considered criminal, were carried out to defend oneself.

Alibi defense

Alibi defense can be used when the defendant claims not to have been present when the crime occurred. However, evidence must be presented to proof that the defendant was somewhere else.

Necessity

This type is defense can be used if the defendant was justified in breaking-the-law so as to avoid a greater-harm or to achieve a greater-good.

Mistake of Fact

This type of defense can be used when there’s an honest-mistake regarding the circumstances (for example, not knowing that it’s marijuana). However, mistake-of-law cannot be a defense in certain cases (for example, not knowing that possession of pot/marijuana is illegal)

Provocation

This type of defense can be used if something caused the defendant to lose his/her self-control (for example, an insult)

Entrapment

This type of defense can be accepted if the defendant proves that he/she was set up or was trapped-into breaking the law.

Automatism

- Unconscious and/or involuntary behavior (like amnesia or sleepwalking)

Why Do I Need a Criminal Attorney?

ladyjusticeIf you have been accused of committing a crime, you need to make sure that you get a criminal lawyer to represent you in court. Many people normally think that their knowledge of innocence is all that they need to get of the accusations but in reality that is not necessarily true. When you have been accused of crime or arrested, you will quickly come to realize that there is a lot that you actually dint know about the legal system. When you have been accused and arrested because of crime you will not be thinking to your full capacity. As a result, you may make decisions that may bring more trouble than good. When you have been arrested because of crime you need to get a criminal attorney because of the following reasons.

Comprehension of criminal proceedings

Criminal cases are normally considered as severe cases and can involve very serious complications. Hiring an experienced criminal lawyer can help ease out the legal procedures. He/she can actually help you understand the twist and turns of your case thus simplifying things for you. A professional criminal layer is well knowledgeable of many hidden legal rules that an average person cannot easily know how to find .Proper interpretation of criminal laws can make the difference in the final judgment of the case.

Emotional stability

A criminal attorney can help you cope with the frightening circumstances that are surrounding you especially on emotional level.

Power of negotiation

A criminal lawyer can negotiate on your behalf and that can help reduce you charges or penalties. Prosecutors normally cooperate well with attorneys as opposed to individuals who defend themselves.

Enlightens the defender

When accused of criminal charges, you will already be under a lot of pressure and as a result, you will be liable to commit careless mistakes in the legal processes. A criminal attorney possesses the knowledge and skills about formalities and steps of the court proceedings. He/she can enlighten you to make you understand the circumstances you are in, how long the case may take and the chances of winning the case.

Stands for the defendant

If you have been accused of criminal activities, you need a person who will stand by your side throughout during the court proceedings. A Lansing Criminal Defense lawyer will not only defend you but he /she will also stand by you. The attorney will provide extra support more than legal support which is extremely helpful when it comes to court proceedings. The lawyer will assist you in filling the court petition; notify you what is happening in the court among other support.

Dealing With The Consequences of Drunk Driving

beerbottleIn legal terms, DUI is a term referring to drivers who are caught driving under the influence. According to statistics, over eighteen million Americans are alcoholic. Thus, their chances of falling into this category are substantial. Consequences and ramifications of DUI are not limited to financial and legal liabilities. Drunk driving can have a severe impact on your and someone else’s life. Here are some serious consequences of driving under the influence.

Fatal Accident – This is one of the most obvious consequences of driving under the influence. You may get involved in an accident which proves to be fatal. When a person consumes alcohol, it suppresses his ability to think and function properly. Thus, he is unable to control his car, which may lead to a fatal crash. If not fatal, such crashes may cause permanent disability.

Unnecessary Harm to Other People – Without any reason, someone else may have to bear the consequences of your mistake. Many pedestrians and bicyclists get involved in crashes and accidents because of drunk drivers. A person can easily lose control of his car and hit a passerby. The other person may be severely injured, or even die. Therefore, a drunk driver not only puts his own life at stake, but may also cause harm to other people.

Low Self-esteem – DUI cases also lead to emotional consequences. The driver’s self-esteem may hit a low. A person causing an accident may not be able to trust himself again. He may be unable to drive normally in the company of friends or family members. A traumatic experience may change his abilities and skills required to properly drive a vehicle.

If you’ve already had too many drinks in the club or at home, you need to think twice before picking up the car keys and driving somewhere. Drunk driving can not only be dangerous for you, but also other people on the road. When you put those car keys in the ignition in a drunk state, you risk every person’s life who’s present on the road. Drunk driving can have some serious consequences.

If you have been arrested for driving under the influence (DUI), you will have to hire a professional and experienced DUI lawyer to help you. This may prove to be a costly affair. However, it will be a key factor in ensuring your freedom. You need to make sure you hire a professional and experienced DUI lawyer to handle your case.