Archive for the ‘Accident lawyer’ Category

DUI Accident – Having an Accident While DUI

Anyone who drinks, then drives should be aware that the chance of their having an accident if intoxicated rises with their blood alcohol level. Using alcoholic beverages or any kind of mood-changing drug will impair the ability of any driver to operate their vehicle safely. A DUI accident is always regarded as being more serious than an accident caused when the driver was sober.

As information about the number of DUI accidents as become more widespread, public indignation over the damage caused by drunk drivers has increased. Stricter laws have been passed in most states to punish those who have caused DUI related car accidents more severely. Every state in the United States now recognizes that anyone with a blood alcohol content of.08% will be considered to be legally drunk, and any accident in which they are the offending party will be treated as DUI conviction case.

If someone is pulled over by the police and found to be intoxicated, this is usually considered to be a misdemeanor, and any penalties will be light, as long as there has been injury neither to people or property. However, if the state of a person’s intoxication has caused a car accident while driving, then the penalty will move into the felony classification, a much more serious phase. Depending on how serious the injuries caused by the drunk driving accident, the offender can face a lengthy jail sentence.

In addition to a long jail sentence, those who have caused a DUI accident involving injuries or serious property damage will also face large fines and probationary periods that will be longer than would otherwise be imposed for a crime of a similar nature. Suspension or revocation of the driver’s license will nearly always result from a drunk driving car accident since keeping a dangerous driver off the road will be a concern. While it is sometimes possible to retain use of the driver’s license until the trial, this is not always the case, and loss of the driver’s license can be immediate. The person causing a DUIaccident will generally also be responsible for court costs and be made to take treatment for substance abuse.

While drunk drivers are not responsible for every traffic fatality, DUI accidents cause 32% of vehicle deaths. Some of these are the drunk driver, as they often neglect to fasten their safety harness, but a good number involve totally innocent people of all ages. In many states, anyone involved in a DUI accident with fatalities will be charged with vehicular manslaughter. If convicted, the defendant can face a long-term in the penitentiary. Although it was formerly possible for a sentence to be reduced by a judge or for good behavior while in prison, most of the states now impose a sentence that will have to be served to its full extent; id est., if the sentence for a DUI accident is 10 years, then ten years is what the offender will serve, there will be no time off.

The best way to avoid a DUI accident and the attendant miseries and troubles for all concerned is to make sure that you are a responsible drinker and driver. Keeping alcohol consumption light or having a safe way to get home is the best ways to keep yourself and others safe.

DUI Case – Worst and Best Case Scenarios?

My twin sister is facing DUI charges, and feels that her attorney or anyone else can not provide her a valid idea on how her case will turn out. Perhaps you all can provide some “real” insight, so she is prepared. Below is the story, and yes it is very sad but please do your best to provide insight, not just opinions.

2 aggravated DUIs in one day (4 accounts total) (BAC slightly higher than .15 for both), but in 2 different jurisdictions.
The first was an Injury Accident, but involved a fender bendor. Injuries were not relevant or reported right away, however, the victim went to physical thearpy for a strain and collected $ from her insurance company. 2nd DUI, after being released from the police station for the first one, she took a cab to her other car. Upon driving home again (still thinking she did not have “a problem” apparently), she totaled her other vehicle, and was airlifted to the hospital where a sample of blood was obtained for investigation. She was the only one injured in this accident.

It has been about a year now, and neither of the cases have been filed with the courts. She already endured a DMV suspension for the first one.

She was severely chemically dependent on alcohol. If she did not maintain a certain level of booze in her body, she would shake violently, and detox from it. She suffered not only a mental addiction to it, but also a physical one. Her tolerance to it is high – for example, when I went to her house, she would have drank half a pint of Vodka by noon, and not seem intoxicated in any way (she just smelled like it).
She took it upon herself to go to rehab because the DUI incident indicated her life was not manageable without help. She went inpatient for 30 days (including detox), then signed up for outpatient for 6 more weeks, and a relapse prevention program that followed for 3 weeks. She even volunteered to take random drug/alcohol tests just to prove to her family, that she could be trusted and was clean and sober. She completed over 100 AA meetings in the first two months after rehab and also completed the 12 step program. She did a full 360, and her recovery has been remarkable and her life is turning around as she’s able to function normally in society again, and has learned her lesson. Just a few months ago, she was awarded back custody of her children, was promoted at work, and graduated with her Master’s degree.

but the DUI is still there… While we try and advise her to take it a day at a time, she can’t help but worry what will happen.
Here’s the catch:
Police officer who reported to the scene took her down to the station, and took her blood. He is friends with her ex-husband as well, and told her ex husband all details of her case and even “over stated” some information (about the BAC being higher, which it wasn’t) on the initial report so he could use it to prove she was unfit and gain full custody of the kids (he was never that involved with the kids before the incident, she raised them all on her own and they were happy, healthy, and provided for… but he gets more $ for having them as his dependents, which is what he was trying to do even before the incident occurred. She thinks he did this to leverage the situation to obtain full custody (which I am glad he did, at first, because she needed time to get well).

The police officer has also been in contact with the person from the first incident who experienced the strain, and was advising him to collect as much $ as he can from the insurance company.

As you see, her case also involves politics.

The officer initially (in my opinion), should have physically taken her license and not have sent her off in a cab with a BAC still that high with her kids too. He released her drunk into public, no holding tank, jail cell, etc. I feel he should have also called CPS (yes, the children were involved), but he didn’t.

New York Elevator Accident Attorney Celebrates National Elevator Escalator Safety Week

The National Elevator Escalator Safety Awareness Week helps New York Elevator Accident Attorney JC Reiter promote public safety.

New York City, NY – (WiredPRNews.com) The Law Firm of Jonathan C Reiter, an experienced New York Elevator Accident Attorney, is celebrating National Elevator Escalator Safety Week. National Elevator Escalator Safety Week runs from November 14th through 20th and is a promotion of awareness for the industry’s sometimes dangerous equipment.

It is reported that there are 60,000 elevators and 2,200 escalators in the five boroughs of New York City. According to NY1 news, more than 100 children have been injured in by an elevator or escalator in New York City since 2004. New York Elevator Accident Attorney JC Reiter and the Elevator Escalator Safety Foundation aim to teach young children proper safety precautions to take when riding elevators and escalators around New York.

Through a series of programs being conducted at local schools, children will learn to “Ring, Relax, and Wait” should an elevator ever become stalled. Panicking children can unintentionally injury themselves by trying to pry open doors to exit a stalled elevator and this catch phrase aim to eliminate the panic. Other safety suggestions given to students include holding onto railings and ensuring shoelaces are tied before getting onto escalators.

An elevator accident can occur anytime, anywhere, and to anyone – not just New York’s children. Elevator accidents can lead to a variety of serious injuries or even death so it is important to take these transportation methods seriously and look at them like the industrial equipment that they are. If an elevator accident occurs in NYC, contact the New York Elevator Accident Attorney JC Reiter and ensure that the owner of the premises will be held liable for damages. It can be difficult to prove that the property owner has acted in negligence and is liable for the accident so consulting with a New York Elevator Accident Attorney who has extensive experience in this area can be vital to the success of your case.

For more information on elevator accident law and premise liability contact the New York Elevator Accident Lawyer JC Reiter at (888)-464-1952

Asbestos attorneys appealing fraud ruling

Two asbestos attorneys in Mississippi are appealing a federal jury’s ruling that they committed fraud in litigation against Illinois Central Railroad.

Attorneys William Guy and Thomas Brock were ordered in March to return $210,000 in settlements secured on behalf of two clients and to give another $210,000 in punitive damages to Illinois Central Railroad, which filed a fraud lawsuit against the two in November 2006.

The attorneys are alleged to have concealed their clients’ previous involvements in a mass action years before their lawsuits were filed against Illinois Central.

Guy and Brock filed their notice of appeal Friday. They are appealing an order granting prejudgment interest, the jury verdict and the opinion and order overruling their motions for judgment as a matter of law and for a new trial.