TEXTING VS. DRINKING WHILE DRIVING: LOL OR SOL?

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On November 8, 2014, University of Oregon linebacker Joe Walker returned a fumble one hundred (100) yards against the University of Utah for a touchdown.[1] Both football fans and the National Highway Traffic Safety Administration (NHTSA) agree—this is a long distance. A NHTSA report states that “sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds, the equivalent—when traveling at 55 mph—of driving the length of an entire football field while blindfolded.”[2] Despite the inherent dangers of intoxicated driving, NHTSA alleges that texting while driving makes teenage drivers twenty-three (23) times more likely to crash.[3]

Thirty-nine (39) states have banned texting while driving, which the Harvard Center for Risk Analysis Study attributes to over 3,000 deaths and 33,000 injuries per year.[4] Car and Driver Magazine tested individuals’ reaction times on a closed road course while sober, at the legal intoxication limit of .08, reading a text, and sending a text.[5] A red light in the vehicle indicated when the driver should brake while driving at speeds of 35 mph and 70 mph. Each trial tested the driver’s reaction to the signal five times, with the slowest reaction time (the amount of time between the activation of the light and the driver hitting the brakes) dropped from consideration and averaged the remaining four trials’ results.[6] The results under each condition (intoxicated, reading and writing a text) are displayed below with their sober, undistracted performance being the baseline.  The attribution for the “Worst Results” chart below is noted in the following footnote.[7]

Ultimately, texting had the most substantial, negative effect on the test drivers. While drunken or drugged driving has been the focal point of major regulations, texting has quickly become a hazard to traffic safety. For instance, intoxicated driving fatalities have decreased approximately 25% between 2002 and 2011, whereas texting fatalities have increased significantly.[8] Some studies equate texting’s effect while driving to that of a driver after consuming four beers.[9]

Similar to how intoxicated driving may be prevented by using designated drivers, texting related incidents may be prevented by responding after a safe arrival or using hands-free communication devices such as Bluetooth. In the future, it can be expected that more states will provide more stringent texting regulations. For instance, in New Jersey, cell phone use while driving is “unlawful except when the telephone is a hands-free wireless telephone” and is enforced by fines up to $800 for repeat violators.[10] Of course, state laws vary on this subject, so be aware of the applicable penalties and relevant repercussions in your state.

About the Author: Steven Oberman has been licensed in Tennessee since 1980, and successfully defended over 2,000 DUI defendants.  Among the many honors bestowed upon him, Steve served as Dean of the National College for DUI Defense, Inc. and currently serves as chair of the National Association of Criminal Defense Lawyers DUI Committee.  Steve was the first lawyer in Tennessee to be certified as a DUI Defense Specialist by the Tennessee Commission on Continuing Legal Education and Specialization and the NCDD.

He is the author of DUI: The Crimes & Consequences in Tennessee, updated annually since 1991 (Thomson-West), and co-author with Lawrence Taylor of the national treatise, Drunk Driving Defense, 7th edition (Wolters Kluwer/Aspen).  Steve has served as an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions.  He is a popular international speaker, having spoken at legal seminars in 23 states, the District of Columbia and three foreign countries.

You may contact Steve through his website at www.tndui.com or by telephone at (865) 249-7200.

The author would also like to recognize and thank Matt Wayne, a second year law student at the University of Tennessee College of Law, for his research and editing contributions of this article.

[1] Utah celebrates TD too early, ESPN, http://espn.go.com/college-football/story/_/id/11845079/oregon-ducks-return-fumble-100-yards-utah-utes.

[2] Alcohol, Problems and Solutions, http://www2.potsdam.edu/alcohol/files/Driving-while-Texting-Six-Times-More-Dangerous-than-Driving-while-Drunk.html – .VG4DYYfleGN (emphasis added).

[3] Id.

[4] Todd Wilms, It Is Time For A ‘Parental Control, No Texting While Driving’ Phone, Forbes Business (Sept. 18, 2012).

[5] See Phil LeBeau, Texting And Driving Worse Than Drinking and Driving, CNBC (June 25, 2009), http://www.cnbc.com/id/31545004#; see also Michael Austin, Texting While Driving: How Dangerous is it?, Car and Driver Magazine, http://www.caranddriver.com/features/texting-while-driving-how-dangerous-is-it.

[6] Id.

[7] Id. (There were two test drivers that are represented by the brown and white vehicles labeled “Alterman” and “Brown” respectively.)

[8] State Alcohol-Impaired Driving Estimates, U.S. Department of Transportation, available at http://www-nrd.nhtsa.dot.gov/Pubs/811776.pdf.

[9] Strayer, Drews, Couch, A Comparison of the Cell Phone Driver and the Drunk Driver, University of Utah (2006), available at http://www.distraction.gov/download/research-pdf/Comparison-of-CellPhone-Driver-Drunk-Driver.pdf.

[10] Jacob Masters, Texting While Driving Vs. Drunk Driving: Which Is More Dangerous?, Brain Injury Society (Oct. 27, 2013), http://www.bisociety.org/texting-while-driving-vs-drunk-driving-which-is-more-dangerous/ (“First time offenders will face a fine of at least $200. . . . a second offense will increase to at least $400 and drivers who are caught a third time will face a fine of at least $600, a possible 90-day suspension of their driver’s license and will be assessed (3) three motor vehicle penalty points.”). N.J. Stat. Ann. § 39:4-97.3 (West); http://www.state.nj.us/mvc/About/safety_cellphone.htm.

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Research Suggests an Intriguing Reason for Why People Do Stupid Things While DUI in Los Angeles and Elsewhere

One of our recent blog posts covered some strange Los Angeles DUI stories, and today’s tale isn’t any less bizarre. On February 17th, an Australian man presented at a local hospital with a deep chainsaw wound that he had allegedly caused himself.

After accidentally cutting his hand with a chainsaw, Timothy Woodrow stitched the wound at home and doused it in gin before taking a few swigs for the pain. He attempted to drive himself to the hospital while intoxicated. Police pulled him over for neglecting to stop at a stop sign. When they tested Woodrow’s BAC, they found he was significantly over the legal limit and arrested him.

Alcohol and Judgment

What makes strange errors of judgment so frequent with DUI cases?

New research into alcohol’s effect on the brain indicates that the same reaction that causes impaired judgment is also responsible for slowing the brain’s “alarm signal” response. This response alerts other parts of the brain that something is wrong.

Researchers measured participants’ moods, perception, and accuracy while performing computer tasks under the influence. Results showed that the affected participants made little effort to correct or avoid errors. The researchers found that alcohol’s influence on the brain doesn’t actually reduce its ability to recognize mistakes, but instead affects the ability to care about them. Participants in the study simply didn’t feel bothered by the mistakes they knew they were making.

Perhaps this is why people sometimes find themselves apologizing to friends the morning after a night of drinking. This may give some insight into why people insist on driving when they know they’ve had too much to drink. An individual may recognize that driving would be a mistake, but he or she feels confident that “everything will be fine” and gets behind the wheel anyway.

If you made a mistake, and police arrested you for a DUI, seek experienced counsel to respond to your charges. Call a qualified Los Angeles DUI lawyer with the Kraut Law Group today to schedule a free consultation.

If police stopped you for Los Angeles DUI, you may be worried and anxious. Contact Harvard Law School educated, ex-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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Tim Jennings of the Chicago Bears Nabbed for DUI While Speeding

The Los Angeles DUI community (and the rest of the country) may be focused on the NFL playoffs, but football fans have been temporarily distracted by yet another NFL DUI arrest.

Police say that Tim Jennings, a member of the Chicago Bears, had been speeding while DUI – he allegedly had been zipping along at 99 mph on a 65 mph highway in Georgia. The trooper that pulled him over said that Jennings had alcohol on his breath and that his eyes were a little red. Jennings admitted to the officer that he had consumed alcohol but had waited nearly ten hours before getting behind the wheel.

Jennings refused both a field sobriety test and a breathalyzer. The officer reported that the football star laughed through questioning and told him that he had been speeding to attend a parent-teacher conference.

In California, excessive speeding can lead to more complicated DUI charges. Calfornia law defines the crime of “driving recklessly” but leaves some ambiguity about what actually constitutes recklessness. Driving 20 to 30 mph over the speed limit will likely net you a “driving recklessly” charge, which can lead to harsher sentences, more jail time and longer license suspension.

Research confirms intuition: speeding is very dangerous. For every ten miles per hour increase after 55 mph, the average vehicle requires an additional hundred feet to make an emergency stop. Jennings, for instance, would have needed a football field’s extra space to avoid an accident.

Fleeing the scene of a DUI hit-and-run accident — especially after causing damage to property or hurting someone else — can result in a maximum sentence of ten years in prison. But even if police stopped you for a standard misdemeanor DUI, you could face diverse punishments, including jail time, mandatory installation of an interlock ignition device in your car, spikes in your insurance premiums, loss of your license and intense probationary terms.

Respond strategically to your arrest and charges by calling a former Senior Deputy D.A. and highly successful Los Angeles DUI defense attorney with the Kraut Law Group today for a complimentary consultation.

Did you get arrested for a DUI in Los Angeles? If so, contact Los Angeles criminal defense attorney Michael Kraut for assistance by phone at (323) 464-6453 or online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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Biking: A Good Alternative To Driving My Car While Under The Influence?

Summer 2014 is here! The summer brings BBQ’s, parties, boating, beach time, Sunday Fundays, cold beers and margaritas, and lots of fun times. It is important, however, to plan ahead so your fun does not end with criminal charges.

Often, people use their bikes as transportation when they know they are going to be drinking alcoholic beverages thinking it will prevent them being arrested for drunk driving. But, they are still at risk of being arrested and here is the law.

If the bike can be propelled, moved, or drawn upon a highway, such as a motor bike, you can be charged with driving under the influence of alcohol, drugs, or a combination of both. All the penalties of a standard drunk driving offense involving an automobile would apply. However, if your bike is self-propelled, you will not be subjected to the DUI statutes. Instead, you can be charged with BUI or CUI, biking or cycling under the influence, under California Vehicle Code Section 21200.5.

This code section specifically states: “…it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood…”

The biggest difference between a DUI and a BUI is that there is no specific blood alcohol limit in a BUI case. In a criminal DUI matter, the “Per Se” limit is a .08. Also, the penalty for a conviction for BUI is a fine of not more than $250.00, which is a substantially lesser penalty than in a standard DUI case.

Riding a bicycle while under the influence is a hard case for the prosecutor. These cases can be attacked on several fronts. If you have been arrested and/or charged with riding a bicycle while under the influence, you deserve to hire the Law Offices of Susan L. Hartman, an exclusively DUI defense firm that will aggressively defend your case.

We offer a free, confidential consultation. Contact the Law Offices of Susan L. Hartman today at 619-260-1122 or use the “Contact Us” form on this page.

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Celebrity DUI: Amanda Bynes hits police car while DUI

An officer suspected 26-year-old actress Amanda Bynes had been drinking, and arrested her for driving under the influence. Bynes was booked at the West Hollywood Sheriff’s Station and bail was set at $5,000 (a booking photo shows the actress with a full head of purple-pink hair). She was released Friday morning without having to pay the bond and issued a citation, meaning she’ll report to court later, according to E!

on the red carpet of robots the movie (Photo credit: Wikipedia)

Amanda Bynes, the Nickelodeon actress known for her TV series “What I Like About You” and movies like “She’s the Man” and “What a Girl Wants,” was arrested early Friday morning on a misdemeanor DUI charge, according to reports. Even worse: She collided with a police car.

The Los Angeles County Sheriff’s Department tells E! News that a police car was preparing to turn right in West Hollywood at approximately 3 a.m. when the actress, driving a black BMW, allegedly tried to pass and collided with the right rear panel of the cruiser, causing minor paint damage to both vehicles.

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This entry was posted on Sunday, April 15th, 2012 at 11:21 pm and is filed under Celebrity DUI, DUI News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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Miami Cop Arrested for DUI While Driving Patrol Car

By guest-writer

When police officers are arrested for a DUI, they usually face more scrutiny than the average citizen who is caught driving drunk, and a recent incident in Miami, Florida serves as no exception.

According to the Miami Herald, 32-year-old Fernando Villa, a veteran officer in the Miami-Dade County police force, was discovered by his colleagues while off duty passed out in his patrol car in the middle of an intersection.

While this story is shocking enough, local officials are also disappointed by the actions of the arresting officers, who did not place Villa in jail after the incident. Their actions have spawned an internal investigation into the matter.

Sources indicate that another Miami police officer discovered Villa’s patrol car idling in the middle of an intersection around 8:20 p.m. on a Tuesday evening. The officer discovered Villa drunk and passed out in the driver’s seat of the idling car.

Upon discovering his inebriated colleague, the officer on the scene contacted his superiors for orders on how to handle the situation. According to the man he called, Police Director Jim Loftus, the officer was instructed to treat Villa “like everyone else.”

Typically, of course, someone accused of drunk driving is taken to jail and booked for the offense. Rarely are drunk drivers simply given warnings by police and allowed to casually drive home. In fact, under Florida law, drivers are released with a promise to appear in court only for low-level, or misdemeanor, DUI offenses.

Contrary to usual police policy, though, the officer who initially arrested Villa did not book the drunk driver, nor did he take him to jail. Instead, Villa signed a form promising that he would appear in court and he was allowed to go home, despite the fact that his offense was probably not a low-level DUI.

This action has drawn a considerable amount of scrutiny from local press, and in response to a public outcry, the Miami-Dade police department’s bureau of internal affairs has launched an investigation into the matter.

Again, the police director Jim Loftus maintains that he instructed the arresting officer to arrest and book Villa, without giving him any special treatment. Somewhere along the line, however, an office disobeyed this order and gave Villa special treatment.

According to Loftus, the police department plans to discover the identity of the “person or persons” who refused to follow their superior’s official advice, and “hold them accountable.”

Thus, it looks like a simple act by one police officer to offer special treatment to his colleague may prove to be very costly for the officer’s career.

Of course, Villa’s career is almost certainly in deeper trouble. Sources indicate that the officer has been relieved of his duties without pay while the police department completes its investigation into the matter

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