Breathalyzer Use Still a Point of Contention
March 22, 2009 by christy · Leave a Comment
It’s not rocket science, although one might wonder when faced with some of the latest breathalyzers on the market. The fancier they get, the more legal challenges they generate.
Law enforcement loves breathalyzers for what secrets they tell about a driver suspected of operating a vehicle under the influence of alcohol. The problem lately is that some of the newer models being used in the field – the Intoxilyzer 5000 and Intoxilyzer 8000 – are being fought tooth and nail by attorneys because of the admissibility of the results.
It seems the major problem is that the company that makes these interesting machines isn’t in any mood to share their source code. While this may be just a company protecting its technology and the right to protect its patent, etc., it is also a major stumbling block with DUI attorneys who are rightfully pointing out that their clients can’t get a fair trial without being able to see if the source code actually works properly and more importantly, accurately.
While this might not concern too many people, it concerns the legal community because recently a Florida judge booted more than 100 DUI cases out of court because the court couldn’t get a look at the source code. “This makes a major difference in how people are defended. It’s their basic rights we’re talking about,” stated Francis.
The issue is that unreliable or possibly inaccurate source code in these machines may offer inaccurate blood alcohol test results. “If that happens,” added Francis, “this may mean convicting innocent drivers.” Although many of the courts across the country are ordering manufacturers to cough up the code so the defense may inspect it, there hasn’t been much success to date.
Where this issue will end up is anyone’s guess, but suffice it to say that it certainly goes right to the heart of an accused’s right to have all relevant information at their disposal. If we are charging and convicting people who are innocent of the crime of driving while under the influence, we need to remedy this situation before further injustice is done.
To learn more, visit http://www.francislawgroup.com.
Adviatech Corp., PR for FrancisLawGroup.com
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017
Drinking and Driving Don’t Mix
March 22, 2009 by christy · Leave a Comment
While most people get the picture that drinking and driving don’t mix, there are still those who think the rules don’t apply to them because they are the exception and will not get caught.
Drunk driving education has been in effect in all American states for many years now, and yet, devastating accidents continue to happen. “No matter how graphic the pictures of the carnage, crashes due to an inebriated driver are regular occurrences on police blotters across Florida,” said Tony Francis of the Francis Law Firm in Orlando.
On the upside of this story is the fact that in 2006, drunk driving deaths dropped to 959 fatalities, a significant drop from 2005’s number of 1,271. While there is definitely room for improvement here, the numbers are encouraging. However numbers like these are still cause for concern and this is one of the reasons that all 50 states have two statutory offenses for those charged with operating a vehicle while under the influence of alcohol.
“The first offense and it’s considered to be the original one,” explained Francis, ” is called either driving while under the influence (DUI), driving while intoxicated (DWI) or operating a vehicle while impaired (OWI).” What a driver is charged with is usually at the discretion of the police officer that pulls them over. The second offense is called illegal per se, which basically means operating a vehicle with a BAC of 0.08% of higher.
“Floridians are nothing if not creative,” indicated Francis, as he outlined an interesting program launched in Maricopa County called DD 24-7 that stands for Designated Drivers 24-7. It was started in December of 2008 and became a virtual overnight success when they offered people and groups (there’s even an executive membership) a pick up from where they were drinking and a drive home safely. “The program takes the person’s car and them home safely,” he added.
It’s a fairly straightforward service. Anyone who has been drinking and isn’t able to drive calls DD 24-7 and within 30 minutes a team of designated drivers shows up. The first driver handles the member’s car, the member, and any guests by dropping them off at home. Driver number two follows along and then takes the first driver back to the office.
Without getting into the wherewithal of payments, tips or any fees that may be required for this service, it’s a sign of the times that private individuals are taking matters into their own hands to make a difference in waging war on drunk drivers. Along the way they have demonstrated that people can make a difference in dealing with the problem of drinking and driving by thinking outside the box. Would the government have the same capacity to address this issue in a more successful manner?
“Drinking and driving is not the smartest thing to do,” commented Francis, “but if you do indulge and get stopped, do not take any of the roadside sobriety tests. Wait until you have contacted an attorney before you say a word. It may mean a trip to the police station, but on the other hand, it may also mean I might be able to save your license,” he added.
To learn more, visit http://www.francislawgroup.com.
Adviatech Corp., PR for FrancisLawGroup.com
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017
TBI Becoming Higher Profile
March 22, 2009 by christy · Leave a Comment
It’s frightening to know that every year in the U.S. there are roughly 1.5 million Americans who will suffer from the effects of a traumatic brain injury that ranges from mild to severe. This number is higher than the number of people who will suffer heart attacks.
Those who do not survive their initial traumatic brain injury (TBI) number over 51,000 and over 230,000 people land in the hospital with TBI and manage to survive. Most of them survive with some significant memory loss and a definite change in personality — and a dramatically altered life style that changed in the blink of an eye.
Further statistics indicate that over one million people are actively treated in an ER setting for TBI and that roughly $56 billion is spent treating the results of TBI. This is no small potatoes in terms of being a serious and life-threatening event. Once such an injury has been sustained, the victims face dealing with long-term disability and over 90,000 Americans deal with this daily.
The frightening thing about TBI is that it is often misdiagnosed as a bump, bruise or contusion and no further investigations are conducted. This is an injury that does not tend to leave any visible signs; and thus, it goes its silent way, doing more and more damage as it is left untreated. People who have suffered a TBI look normal on the outside, but that can’t be said to be true on the inside.
The issue of dealing with TBI has started to be a major concern these days, thanks to the numbers of Iraq war vets returning home with this type of injury. It’s on the increase thanks to soldiers bodies being adequately protected from bomb blasts, but the protection they were wearing did nothing to shield their brains from massive concussive explosions.
The national spotlight is hotly focused on this issue now more than ever thanks to the story of ABC News Anchor Bob Woodruff who suffered a brain injury last year as the result of a roadside explosion in Iraq. While cases like this serve as a flash point of knowledge for others who may not know about TBI and its effects, most of the cases aren’t happening in the war zone in Iraq. They’re happening in traffic accidents. Over 40% of TBIs happen in car crashes.
With all the protective equipment in cars you’d think people would be safer, and not at a higher risk for such serious injuries. Sadly, it is the result of all this extra “protective” technology – air bags, helmets, and seat belts – that has seen an increase in TBIs over the last ten years. Why is this the case? All this stuff that protects us from dying isn’t protecting us from injuring our brains.
If you’ve been in an accident and suffered a TBI, immediately contact a competent TBI attorney who will be able to guide you through the process of obtaining a just settlement from the courts.
Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more, visit Francislawgroup.com.
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Doing It Out of Court
March 22, 2009 by christy · Leave a Comment
Doing it out of court is sometimes the right answer to getting a case resolved, but that depends on the advice of your lawyer.
If you’re in the middle of a personal injury case and the opposing counsel makes a settlement offer, should you consider taking it? That is the 64 million dollar question and there is usually more than one answer to it as well. While an offer is definitely worth considering, you and your personal injury lawyer will have to sit down and consider the overall ramifications of accepting a settlement.
Settlements can take place before or after a compensation claim was filed. If the offer for settlement is coming before you have filed a claim, then the smartest move you can make is to talk to your lawyer. Usually there is more to settlements than meet the eye, and even if you think it looks good, your lawyer may discover a problem or potential trap if you take the settlement at face value and run with it.
If the settlement offer comes after the claim has been filed, then you already have a lawyer who will discuss this latest case development with you before you make plans to proceed or settle out of court. Something you should understand is that either party in a personal injury case is able to make an offer of a settlement. In most circumstances, however, it’s the guilty party, etc. who makes overtures of settlement. In some cases, a settlement is useful for both sides.
A good example is settling a personal injury case out of court. This will speed up the time frame for receiving financial damages and allow the injured party to get proper medical treatment a lot faster than waiting for a jury trial and eventual settlement. In other words, victims actually get the money when they need it. The bottom line is that settling early saves both sides a lot of money in court costs and attorney’s fees.
You will tend to find that most insurance companies involved in litigation are inclined to offer settlements, again because it is faster and easier for them to deal with the personal injury claim in this expeditious manner. Check out any offers of settling with your experienced attorney who will advise you whether or not it is in your best interest to proceed with a formal lawsuit or take the settlement.
Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more, visit Francislawgroup.com.
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