NHTSA Studies Show Drugged Driving Increasing, But Drunk Driving More Dangerous

The National Highway Traffic Safety Administration (NHTSA) has released two new studies that highlight the changing landscape of impaired driving on America’s roadways.

NHTSA’s most recent Roadside Survey of Alcohol and Drug Use by Drivers shows a steady and significant decline in drunk driving—rates have dropped by nearly a third since 2007, and by more than three-quarters since 1973. NHTSA largely credits the drop to education and enforcement campaigns that target intoxicated driving.

But the good news on drunk driving is countered by skyrocketing rates of drugged driving, which have risen sharply in recent years. According to the roadside survey, “nearly one in four drivers tested positive for at least one drug that could affect safety,” with marijuana topping the list.

The spike in stoned drivers is catching the attention of states that have or are considering making medical or recreational marijuana use legal. Many law enforcement agencies are concerned that people view drugged driving as more acceptable than drunk driving.

Yet the second study released by NHTSA notes that it is not yet clear the extent to which marijuana impairs a person’s ability to operate a vehicle. Researchers attempted to determine if using pot is associated with a higher level of crashes but were unable to definitively show a link. The study shows a correlation between drivers who test positive for THC and a slight increase in crash rates. However, the research was unable to determine if the increase was due to marijuana usage or other risk factors.

In contrast, research has established that drivers with a blood alcohol concentration over the legal limit are 5 to 200 times more likely to be in a crash than someone who is sober. Experts speculate these findings could be explained in part by the differences in how the body processes alcohol and drugs. Drivers with a positive BAC are actively impaired at the time of the test. In contrast, evidence of drug use can remain in the body long after the impairing effects of the drug have worn off.

NHTSA emphasizes that far more research on drugged driving is needed to get a better understanding on how drug use affects a person’s ability to operate a car. What is your jurisdiction doing to address the issue of drugged driving?

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New Year’s Eve Is One of the Most Dangerous Days for DUI Crashes

New Year’s Eve witnesses more than its fair share of Los Angeles DUI arrests.

Between 2002 and 2008, at least 140 people were killed in DUI crashes on New Year’s Eve and New Year’s Day. In fact, 42% of traffic-related deaths during New Year’s Eve and New Year’s Day are consistently related to DUIs. This statistic includes intoxicated pedestrians who inadvertently walk in front of cars.

Russ Rader of the Institute for Highway Safety cited New Year’s as “the worst day for impaired drivers” in a recent article. In fact, half of fatal New Year’s crashes involve a driver who is DUI. Statistics have only increased since this article was written in 2011, with one person killed every half hour due to DUI and one person injured every minute. These statistics also tend to skyrocket after midnight on New Year’s Eve and New Year’s Day, when people are likely traveling home from celebrations.

In recent years, Mothers Against Drunk Driving (MADD) found that, out of the 300,000 people who receive DUI charges every day including New Year’s, 4,000 or fewer wind up arrested. MADD also reports that over half of high school sophomores admit to drinking alcohol. Thus, parents should be particularly vigilant about their teens’ consumption during the holiday season.

To avoid DUI fatalities and harsh sentencing, people should limit their alcohol consumption over the holidays. A good rule might be one drink per party, or perhaps two if glasses are less than standard size. Sober drivers should always be designated before parties, and everyone should have the number of a cab company (or Uber app) saved in his or her cell phone.

Teenagers should not drink at all during the holiday season or otherwise. If a teen suspects that party drinks have been spiked, he or she should seek help from an adult chaperone. Teens should never leave their drinks unattended. They should also educate themselves on the signs and symptoms of alcohol poisoning and call 911 if they suspect poisoning has occurred.

What should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.

If you’ve been arrested for driving under the influence in Los Angeles, contact former-prosecutor Michael Kraut for assistance at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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The Most Dangerous and Deadly Day for Los Angeles DUIs is Approaching…

We’ve actually touched on this issue before in previous posts, but even if you are a regular reader, you might have forgotten. What is the most dangerous day for Los Angeles DUI in the calendar year? Common (but wrong) guesses might include:

•    New Year’s Eve;
•    Super Bowl Sunday;
•    Fourth of July;
•    Memorial Day Weekend;
•    Labor Day Weekend;
•    Christmas Eve;
•    Halloween;
•    St. Patrick’s Day.

All these days actually do witness an above average rate of DUI driving, and you need to take special precautions during those holidays, whether you are driving or walking around as a pedestrian. But there is one day that’s actually substantially more dangerous – and that day is the day before Thanksgiving.

That might strike many people as strange.

Why would the day before Thanksgiving be a time for DUI driving? The answer probably has to do with the behavior of college kids who are returning home from college to their families for the Thanksgiving holiday. For college students who have left home to go to college, Thanksgiving break is often the first time that they get reunited with their high school friends. And even though young people cannot legally consume alcohol until they are 21-years-old, many people who go off to college find ways around these restrictions and end up experimenting substantially with alcohol during their first 2.5 months of college. So when they come home, they may be still in a giddy experimental stage with alcohol. These young college students come home to meet up with their friends who are also experimenting. Thus, things can get a little haywire. Some statistics suggest that the spike in DUI rates over Thanksgiving can be at least partly attributed to this kind of “college student effect,” although more research is needed to determine the real truth.

So why would the night before Thanksgiving be more dangerous than Thanksgiving itself?

The answer again comes back to patterns of behavior. On Thanksgiving, most people stay in with their families and eat and watch football and talk. In other words, there is not a lot of mobility. So even if people might be consuming lot of alcohol on Thanksgiving, they are staying in. On the night before Thanksgiving, however, many people who have already returned home for the holidays, but they are not necessarily hanging out with their families. Hence, we see this spike in DUI accidents on the day before the holiday.

So what can you do if you or someone you love got arrested for DUI driving during the Thanksgiving holiday?

Your first step should be to contact a reputable Los Angeles DUI defense lawyer, like Michael Kraut of the Kraut Law Group. Mr. Kraut has an extensive track record of success as both a prosecutor and a defense attorney; he previously served as a Deputy District Attorney for Los Angeles for nearly 15 years. He and his team can provide critical guidance you need to make your decisions. Call today for a free consultation.

Have you been stopped for DUI in Los Angeles, contact attorney Michael Kraut at (323) 464-6453 or online. Our team is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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Revere Man Charged With OUI Plowing And Assault With A Dangerous Weapon (The Plow) – Attorney Sam’s Take

This winter has presented us with various seasonal weathers...from seemingly Alaskan blizzards to mild Massachusetts spring. It is enough to confuse and to irritate anyone. Apparently, Michael Ciarlone, a 54 year-old Revere gentleman (hereinafter, the “Defendant”), is someone who indeed lost his “cool”.

Allegedly.

According to the Commonwealth, it started when the Defendant used a pickup truck and plow to push snow around a car he believed had parked in his spot on January 14th. When the car’s owner and others came outside, the Defendant is said to have shouted at them and then backed into one man with the truck. Finally, the Defendant is accused of kicking that man in the head and later punching another man in the face, breaking his glasses. According to the Commonwealth, the Defendant was inebriated at the time.

Both recipients were apparently treated for injuries at the scene.

The Defendant was treated to a later arraignment in Chelsea District Court for various charges, including assault and battery with a dangerous weapon, malicious destruction of property, and operating under the influence of alcohol.

At arraignment, the defense denied the charges and argued that the Defendant also was injured in the fracas. In fact, he had been taken to a hospital with a bone fracture on his face. Counsel also alleged that the medical records indicated that the Defendant had not been drinking at the time of the accident.

Over the many years in which I have been practicing criminal law, I have found that many, if not most, assault-type cases take place in the heat of the moment or, as I prefer to describe it, “one very bad moment”. It is the emotion of such a moment that alter, and sometimes end, lives.

In the instant case, I am not aware of what, if any, history existed between the people involved. Generally, the two things that dictate who gets the label “victim” and who gets called the “defendant” are who gets to the police first and who is more injured.

Here, two men were injured as well as the Defendant. Everyone was injured. However, it was the two men who were declared the victims and the one man (the Defendant) who got charged.

As you can see, math does not always rule in the criminal justice system any more than logic does.

In any event, one moment of losing control can result in felony criminal charges. Assault and battery with a dangerous weapon is a felony charge, for example. You may have been surprised to see the Defendant charged with drunk driving. Driving any motor vehicle in a public way under the influence is a crime. That includes plows.

Apparently, there is nothing here to indicate that he tried to out-run, out-wit or out-fight the police. This was an example of taking a bad situation and, while you could make it worse, taking the better part of valor and minimizing damages.

Thus, the Defendant is free today answering to the pending charges.

So, while there are things the Defendant may have done that you might not want to do, copy the one thing he did right. Do not challenge the officers. Keep the peace until you can retain and experienced criminal lawyer to act on your behalf.

If you would like it discuss a criminal matter with me, please feel free to call me to arrange a free initial consultation at 617-492-3000.

To view the original story, please go to : http://www.boston.com/news/local/massachusetts/articles/2011/02/17/revere_man_charged_with_assault_on_neighbors/?p1=Local_Links

View the original article here

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