Thursday, September 3, 2009

Driving Under the Influence - The Impact, Fatalities and Casualties

DUI - driving under the influence, or DWI - driving while intoxicated, has become prevalent in the news headlines lately; from celebrities, to teenagers, to college frat parties and so on. This has become very common between adults and teenagers. Lindsey Lohan, Mel Gibson, Tony Rock (Chris Rock brother), Mike Tyson, Rebecca De Mornay, Nick Bollea, Parris Hilton, Nicole Richie, Ray Liotta, Vivica A. Fox; Tony LaRussa, Warren Moon, and Shia LaBeouf are just some of the celebrities who have been caught in the Celebrity DUI Spotlight. Apparently we are not paying much attention to the statistics and the news because on average, someone is killed every 40 minutes by a drunk driver.

DUI or DWI has become prevalent in our society today. In 2002, 2.3 Americans 18 years and older were surveyed and reported alcohol impaired driving. When compared to the 1997 survey of this same population, the number for that year was 2.1. According to the National Commission Against Drunk Driving (NCADD) over 20% of all traffic fatalities in the United States each year is cause by drunk driving. DUI or DWI is proving to be deadlier than we previously knew. Drivers often over look the fact that DUI or DWI is dangerous. People do not take the time to understand DUI and the tragic consequences underlying this hazard.

I understand that we live in a very secular society and that partying and good times are a part of human nature, but the simple key is responsibility. I am sure you have heard some MADD (Mothers Against Drunk Driving) and SADD (Students Against Destructive Decisions) campaigns out there. MADD is a non-profit organization that seeks to stop drunk driving, support those affected by drunk driving, prevent underage drinking, and overall push for stricter alcohol policy. The organization was founded in 1980, in Irving, Texas by Candice Lightner, after her 13-year-old daughter was killed by a drunk driver, Clarence Busch. On the other hand, SADD, founded as Students Against Driving Drunk in 1981 in Wayland, Massachusetts, has grown to become the nation's dominant peer-to-peer youth prevention organization with over 10,000 chapters in middle schools, high schools, and colleges in the USA (United States of America). In 1997, in response to request from SADD students themselves, SADD expanded its mission and name, and now sponsors chapters called Students Against Destructive Decisions. SADD continues to endorse a firm "no use" message related to use of alcohol and other drugs. With its expanded focus, SADD now highlights prevention of all destructive behaviors and attitudes that are harmful to young people, including underage drinking; substance abuse impaired driving, violence and suicide.

Most campaigns states drink responsibly. Being responsible includes planning your party booze ahead of time. This entails getting a designated driver, planning to sleep over a friend's house if the party is being held there, or sleeping in your car if you find yourself at a bar or club. Do not become a statistic or a part of statistics. We need to be responsible enough to understand the consequences and the impact that drunk driving places on you as an individual and society. I like to introduce some families to you. Here is my first family. Picture yourself, your 3 children and mother attending a great family reunion and on the way home, your kids are ridding with their grandmother and their car is ahead of you. All of a sudden, a driver going the wrong way, drunk, hits your family head-on. Your 3 children and mother dies instantly right in front of your eyes. Imagine this pain, hurt and suffering that you will have to endure for the rest of your life. Someone decided to take a chance with his life, and took the lives of four instead of his own.

This is what happened to Cassie Crapps a 26 year, on February 6, 2008 in Arkansas. Her 3 children and mom were killed by a repeat offender who decided to be irresponsible. He wanted to party and take a chance. "You cannot eat your cake and have it." This saying is so true. When it comes to human lives, especially where others are concern, you cannot take chances. Life is not about gambling; LIFE IS SO PRECIOUS. It is one of the things that you cannot give back to someone when it is taken; you do not have that power. You can hurt someone by saying the wrong thing and apologize to them, and they will forgive you. Though you hurt a person's feelings, there will still be a way to make him or her understand through your apologies. You may damage something from someone and be able to pay back in cash or other products and services. However; when you injured a person or take a person's life, you will never replaced the devastation, hurt, disappointment, pain, anguish and suffering felt by the love ones left behind to carry this burden or to care for the injuries. It is a pain that is indescribable. The hole is so deep that no matter how many condolences received, it cannot fill that place that person once occupied.

On September 19, 2008 I lost someone very dear to me, my husband. My nightmare all begin September 14. My husband called me on his way home from work and this was the conversion:
Smain: Hi Sweetie,
Lydia: Hi Smain. How are you?
Smain: Are you awake?
Lydia: Yes. I just woke up. I spent all day at the salon. I need to find a different salon. They are too slow at the current place I'm going.
Smain: Did they do a good job with your hair?
Lydia: yes, it is pretty.
Smain: Sweetie, you will not believe what happened to me.
Lydia: What? Are you okay? Are you stuck in traffic?
Smain: No. My car is overheating, I don't understand it. I just took it for servicing.
Lydia: Where are you?
Smain: I am on 695. I am at exit 23, on the left hand side, on the shoulder. I have turned off the car to help cool down the engine.
Lydia: Sweetie, I think you should turn around and try to go to Mom's house. You are not far from there and then I will meet you there.
Smain: No Sweetie. It is late to go to your parent's house. They are all sleeping. I am too tired. I just want to come home.
Lydia: Do you want me to call the tow truck?
Smain: No. they will take forever. You know what? Come and meet me. Bring some antifreeze and I will use that to cool the engine and you can drive behind me. If it continues to give us problem then we will call for a tow truck.
Lydia: okay sweetie, I will see you in a few.
Smain: and oh sweetie, bring me some water to drink, I am thirsty.
Lydia: okay I will be there soon. Bye sweetie.
Smain: bye

In my wildest dreams, I never imagined this being the last conversation that would transpire between my husband and me. When I got to where he was, all I saw was flashing lights, ambulances and police cars. The interstate was shut down. It is about 3-4 lanes on the highway and they were all closed about 1/2-1mile before the crash. I called my husband about a million times and then, it dawn on me that he must have been involved in the crash. The tears started flowing; my legs became weak and numb. I could not feel the pedal beneath my feet. My heart was racing and my pulses were faster than my thoughts. I felt like I was about to pass out. I called my mother. She came running to my aid. I did not know if I wanted to move forward or stop. I knew my world had been turned upside down but I did not know the full details. Finally, after 1 hour or 1 and 1/2 hour, the traffic started to move. I could not wait to see the scene. I was praying and hoping and then I saw my husband mustang. The car windshield became the roof. I just wanted to know my husband where abouts. I was told he was helivac (emergency medical helicopter) to shock trauma. I am a registered nurse therefore; I knew that this could not be good. I raced to the hospital and my husband had been resuscitated x 1 already. My tears were pouring like rain. I could fill a house by then. I was praying like I had never prayed before.

My husband suffered a pelvic fracture, he was greatly loosing blood. He also sustained damages to his lungs. He needed immediate surgery. I told the doctors that he was a full code. This meant that they needed to do everything they could and knew to save his life. My husband made it out of surgery but we were still in grave danger. I was praying. He was intubated but that was not enough. He started dying, blood was everywhere. I am used to this and I find myself in the mist of it all. The doctors and nurses initiated another set of CPR (Cardiopulmonary Resuscitation). From 2am-7am, Smain had been resuscitated x 4. He was placed on an eckemo because intubation alone was not enough. This machine works as an external lung and heart to keep the circulation going. At least that is what I was told. His kidneys started failing. Blood transfusion was started. In fact, the blood transfusion had been initiated in the OR (operating room). From 2am-12pm, Smain received about 30units of blood.

Within 2 days he had received about 80units of blood. I was really scared and only voiced this to my mom. I refused to leave the hospital. I was sleeping on the floor along with my sister-in-law in the visitors waiting area. The hospital could not give any room on the unit because every bed was valuable. I did not want to be away from my Smain, my "Sweetie". When I got put out of his room, I go back and pray, I present every part of his body in pain and anguish to my God. By the third day, which was a Tuesday, Smain went for another surgery. I still did not know what happened at the accident scene. I was on my knees and he made it through. The doctors said to me, I don't know what your family is doing but keep doing it. We were all praying for healing. Thursday, I was sitting beside Smain and telling him that I love him. I told him that God would heal him and all he did was cried. All I saw were tears rolling down his cheeks. I knew he could feel my presence, and touch even though he was in a comma. I tried to be strong when I was around him. I did not want him to hear me cry and give up. I said to him, Sweetie, why are you crying? I love you and I always will no matter what. God will heal you for me. His sister was also talking to him.

It was about 10 or 11pm. The pulmonologist on call was paged. Everything started to go wrong and it did not look like Smain would survive. They called a code (Code= a medical emergency). They began the 5th and final CPR. I was right at his bedside. I was watching and imagining previous codes that I had been in when others lost loved ones. I was praying to God. I was watching my husband die. With all my knowledge and skills as a nurse, when it came to my own, I was helpless, hopeless, weak, weary, faint, sad, angry, hurt, cold, hot, and losing balance. Unable to stand on my feet because they were so numbed, I dropped to the floor. At that point, I felt like I would pee on myself. My body dropped to the ground because I could no longer hold myself up. I was told that it was the end. My sweet, loving, wonderful, husband Smain Aboubakar Abbo was dead at 0047 (12:47am), on Friday, September 19, 2008. He was only 27 years of age. I started searching for answers to some of my questions about the accident. The first thing I learned was that my husband had been hit by a drunk driver, Wayne Arthur Matabar, while parked on the shoulder. Mr. Matabar had geared off the left lane onto the shoulder of the road hitting my husband car from the rear. He had been put through all of this misery by a drunk driver. He had parked on the shoulder wide enough to hold 2 cars to be safe and because someone made the choice to drink and drive, to be "under the influence", to "drive while intoxicated", he took my precious flower, the only one that I loved in the botanic garden.

Read Further: Ezine Articles
Florida DUI Attorney



Tuesday, August 18, 2009

Searching For Criminal Lawyers

If you have found yourself in a bit of trouble (or a lot of trouble), you may be searching for criminal lawyers. Depending on your financial situation, you have different options in choosing criminal lawyers. It is important to remember that, as with everything, you get what you pay for. This means that you will have to determine what kind of money you have to spend on criminal lawyers, if any. First of all, you must decide if you are at all able to pay for criminal lawyers. If not, that leaves you with the option of public defenders, which are assigned to you by the court. While these criminal lawyers are free, and are generally perfectly good lawyers, it is necessary to understand that they generally have upwards of two hundred cases. That means that they will only have so much time to devote to your case. It is important to remember that while your case is the most important to you, public defenders are juggling many cases along with yours.

If you determine that you have money to pay criminal lawyers to represent you, it is important to find someone who specializes in your area of defense. If you need criminal lawyers with experience in defense, you will want to look for someone who handles criminal cases. Some may specialize in driving under the influence charges. If you are on trial for manslaughter, you will probably not want to be your attorney’s first criminal case. Criminal lawyers tend to have specialties. Sometimes these are self proclaimed. Other times, they have simply drifted into a niche. Either way, before hiring criminal lawyers, you will want to know something about their track record. What kind of cases have they won? What kinds of cases have they lost? If you are able to research and find a similar case that had a positive outcome, you may want to seek out that attorney.

There are, of course, several things to consider. Criminal lawyers are not magicians. They cannot turn back the clock and stop you from committing a crime. It is important to remember that it is not their fault that you are in trouble. Unless you are honestly completely innocent and wrongly accused, it is not reasonable to expect criminal lawyers to push a magic button. Get out of jail cards are very rare. If you are guilty of the crime of which you are accused, you should seriously consider seeking a plea bargain. Remember that committing a crime does indeed make you deserving of punishment. Depending on the severity of the crime, agreeing on a plea of guilty can help you receive a lesser sentence. Yes, you will probably be punished to some degree. If you committed the crime, you will probably face some sort of punishment. Your crime will probably be on your record, and you should seriously consider that you probably have earned the record. However, it is unwise to insist that criminal lawyers take you to trial when you are clearly going to be found guilty. The plea bargain is almost always going to be much better than anything that you will get from a judge who finds you guilty. It is especially important to follow your lawyer’s advice.

Source: Article Base
Florida DUI Attorney


Monday, July 13, 2009

A Guide to Criminal Lawyers

A criminal lawyer is someone who specializes in handling criminal cases with implications such as arson, DUI, murder, theft, etc. The primary role of a criminal lawyer is to review evidences and to map-out an effective defense strategy. Criminal lawyers either work as defense lawyers or prosecutors. A criminal defense lawyer will represent the accused, advice the client on legal matters, and assist in the framing of legal documents such as contracts, wills, etc. They can also act as public defenders in cases of indigence. A criminal defense lawyer with substantial expertise in the field will have the ability to interrogate the prosecution witnesses to prove the client?s innocence. In extreme situations, a professional lawyer may negotiate with the prosecution lawyer to mete out charges and punishments in an equitable manner. A prosecutor works on behalf of the government in criminal proceedings. Whether it is defense or prosecution, criminal lawyers can utilize government statistics and other official documents at any phase of the case. The laws governing criminal lawyers vary from state to state, but a basic code law is observed all over the United States. The criminal lawyer?s office will take up the responsibility of meeting the clients, arranging court dates, carrying out background researches of cases, etc.

In order to practice as a licensed attorney, one should pass the bar exam after completion of a three-year course in a law school. In addition to educational requirements, a criminal lawyer must possess certain qualities such as good communication and listening skills, organizing capabilities, public speaking skills, ability to handle complex criminal cases, and to deal with people from all backgrounds. Since criminal cases would involve a lot of paper work for trials and criminal proceedings and so criminal lawyers should also possess writing skills. Additionally, they ought to be excellent negotiators. The salary of a criminal lawyer will depend upon the jurisdiction and the nature of the case.

Criminal Lawyers provides detailed information on Criminal Lawyers, Criminal Defense Lawyers, Federal Criminal Lawyers, Los Angeles criminal lawyers and more. Criminal Lawyers is affiliated with Las Vegas Criminal Defense Attorneys.

Source: Ezine Articles
Florida DUI Attorneys

Wednesday, June 17, 2009

How Innocent People Get Convicted of Dui

Many people are not concerned about DUI laws as they say they will never drink and drive. Such people assume their actual innocence immunizes them from arrest. Unfortunately, actual guilt is not a predicate for DUI arrest --- all it takes is an officer who says you are drinking.

Police officers are not very good at discerning between people who are .08 and people who are .00. Indeed, few people are very good at determining who is "legally drunk" at .08 and who have no alcohol at all. The reason the police do not detect impairment in subjects with .08 is that there is usually no impairment to see. The .08 standard is an arbitrary standard -- most people are not impaired at .08 despite what MADD, the media and the government tells you. For that reason, in today's America, the police arrest anyone they believe smells of an alcohol beverage.

If this hypothesis is true, that smell by itself merits arrest, then there should be a lot of .00 people who are wrongfully arrested. People who smell of alcohol or the police believe smell of alcohol but actually have no alcohol in their system. Thomas Workman, an electrical engineer with many years of work experience who is also a patent attorney, has done a detailed analysis of Florida's breath alcohol testing program results. Mr. Workman found that one out of every twenty Florida citizen tested for alcohol had two zero (0.000) samples. No alcohol was found. From April 1 2006 to November 30 2007 there are more than 3,900 citizens who provided two samples of 0.000, for DUI tests.

From April 1 2006 to November 30 2007 there are about 58,000 citizen tests with results above 0.000

This works out to 6.7% for Florida as a whole. But do some police officers arrest more innocent people than others?

When you look at the data and identify the arresting officer, some disturbing patterns emerge. The same officers are making these "double 0.000" tests, over and over. While Florida Dept of Law Enforcement claims to be monitoring the tests, they do not look for these kinds of patterns, or if they are, they ignore what they see. This is not the whole story according to Mr. Workman.

For citizens who supply a first sample that satisfies all of the requirements set by Florida, and who then are charged with a refusal, because a second adequate sample is not supplied, it is shocking to look at what the first sample was measured to be.

Of all citizens who do supply a first sample, and then fail to supply a second sample, over 90% of these first samples measure to be 0.000. This means that a citizen is punished for a refusal, which includes the possibility of a jail sentence, when the officer knows that the citizen has no impairment. Why would a citizen with no alcohol in their system refuse to give a second sample?

These citizens, who represent 1% of all tests of citizens, are treated far worse, because they do not have the benefit of the 0.000 result, and they likely are prosecuted, and many convicted. They can also be convicted of the crime of failing to provide a sample, even though it is likely that the second sample was prevented by the officer (again, why would a sober person refuse to provide a second sample?)

Then there are the citizens who are tested with machines that are defective. Mr. Workman will be presenting his findings of these, who represent more than 10% of all tests (that is more than 1 out of ten tested is being tested on broken machines) at the annual NACDL conference in Las Vegas.

We are all indebted to Mr. Workman for his time consuming analysis which indicates that thousands of innocent people are being convicted of DUI with 0.000 blood alcohol. This result supports the hypothesis that since .08 is usually not physically distinguishable from 0.000, people with no alcohol in their systems are subject to arrest, prosecution and conviction for DUI.

If you get arrested despite being innocent and the officer decides that you refused the breath test, you can get convicted despite your innocence. Even the innocent need to be afraid of DUI laws.

Source: http://www.articlesbase.com....
Floriday DUI Attorney