Drunk Driving Lawyer

The number of alcohol related car accidents in Michigan is staggering.  In 2008 alone, there were 379 fatal accidents related to alcohol and drug related offenses.  In that same year, there were over 47,000 alcohol and drug related driving arrests in Michigan.  In addition to the fatal car accidents, there were a significant number of serious injuries caused by drunk driving accidents.

The victim of a drunken driving accident has the right to sue the drunk driver and the owner of the vehicle for injuries and damages caused by the accident.  In addition to these civil claims for compensation against, an injured victim (or family members of a deceased victim) may have a claim for damages against a retail liquor licensee that sold alcohol to a drunk driver.  An example would be a bar that served alcohol to the drunk driver. These claims are brought under, and controlled by, the Michigan Dram Shop Law.  In many circumstances, these claims result in significant additional compensation to the victim.

In order to pursue a claim against a bar (or other retail liquor establishment) under the Dram Shop Law, the injured party must prove that the injury or death was caused by a retail licensee’s unlawful selling, giving, or furnishing of alcohol to a “visibly intoxicated person” or a minor.  Visible intoxication is intoxication “apparent to an ordinary observer.” Furnishing intoxicants to a minor (a person younger than age 21) is per se unlawful and visible intoxication need not be shown.

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Under Michigan case law, you must establish that the person was visibly intoxicated when served alcohol through eyewitness testimony.  This requires identifying and locating other people who were present at the time and obtaining testimony from them on how the person looked and acted at the time.  It is important to choose a lawyer as soon as possible after the accident so that an investigator is hired to locate all potential witnesses.

There are shortened time limitations in which to bring a claim against a liquor licensee under the Dram Shop Act. First, there is a 120 day notice provision which requires the victim to send written notice to the licensee within 120 days of retaining an attorney. Second, a dram shop lawsuit must be filed in the proper trial court within 2 years after the injury or death.  It is also necessary to name and retain the drunk driver in the lawsuit.  This is another reason why it is so important to choose your lawyer as soon as possible after the accident.

The Dram Shop law controls liability in cases involving retail liquor licensees.  There are, of course, circumstances in which a drunk driver was furnished alcohol at a private residence, party, or event.  In those circumstances,  Michigan law can impose liability under what is called “Social Host Liability.”  Social host liability is the potential liability of a person or an entity other than a retail licensee for the unlawful furnishing of alcoholic beverages. The liability of a social host in Michigan has been recognized only in the case of providing alcohol to a minor.

The “social host” must knowingly provide alcoholic beverages to a minor or have failed to diligently inquire whether the individual was less than 21 years old. The Michigan Courts have held that the social host must actually provide the alcoholic beverages and not just the setting in which the alcohol is consumed. However, if the minor is under 18, the parents may have a duty to supervise the minor children and this can provide the basis for a lawsuit.

Originally published here.

 For far too long, drunk driving in South Africa has largely been ignored by the authorities and has claimed literally thousands of lives of both drivers and pedestrians over the years. This season, however, the powers-to-be have beefed up their presence on the roads with positively resounding results — the casualties on South African roads have virtually halved.

With new innovative technology that has the ability to trace not only the amount of alcohol consumed but the use of illegal drugs as well, it should only be a matter of time together with concerted efforts by all concerned before the statistics plummet even further.

Fifty percent of dead drivers are over the limit

Although road users are clearly delighted at the zero tolerance approach to drunk driving, startling statistics reveal that as many as 50% of drivers who die on our roads are indeed above the legal limit (0.05 grams per 100 ml).

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Figures posted by the Arrive Alive campaign for 2002 and 2003 indicate a marked increase of drivers driving while under the influence of alcohol – from 1.80% to 3.10%. In 2002, it was the North West Province that had the most culprits with as many as 4% driving drunk, but in 2003 Mpumalanga had the dubious honour of topping the list with 4.68%.

Road users in South Africa are far more vulnerable to drunk driving at night and the statistics for 2002 and 2003 make a drastic leap between the hours of 18h00 to 24h00 when as many as 5.50% of all drivers were found to be driving drunk in ‘02 and 5.08% in 2003.

Sadly, the death toll has increased exponentially over the years with its only beneficiaries being the overworked car accident attorneys. A study conducted by the Medical Research Council of South Africa in 2004 indicated that more than half of the 570 drivers killed in accidents were over the legal limit, an unacceptable figure by anyone’s standards.

A drunk driver or pedestrian is killed every 2 hours on SA roads

To put things into sharp perspective, a drunk driver or pedestrian is killed on South African roads every two hours (figures for 2004 — 2006), with the most victims claimed in the Gauteng province, closely followed by KwaZulu-Natal and the Western Cape.

A good car accident lawyer will advise you to avoid the local taxis, especially at night, and for very good reason. In 2005 the taxi industry cracked all records by becoming the most dangerous transportation sector, with 7.70% of drivers driving drunk at night. Interestingly enough, the drivers who are least likely to drive while inebriated are truck drivers.

Originally published here.

Have been ever arrested for a DUI? It is indeed a great mistake that may cost you a lot, more than a few thousands of dollars. Do not make another mistake by hiring the wrong person for the job? You need to be thoughtful enough to find the right person in your interest. It is important to find the best DUI/DWI attorney as the punishment for this criminal offense can be really severe. With the help of a qualified DUI lawyer, it becomes an easy work to avert all the dangers for getting punished in cases of DUI/DWI.

By following the below mentioned steps, you can easily find the right drunk driving defense attorney:

Experience:
Find a person who possesses ample amount of experience in handling issues related with drunk while intoxicated cases. They may charge you a high fee but will surely reduce your chances of being arrested and saves you from all forthcoming tensions and worries.

Search Thoroughly:
After you find the right person to represent you, do not forget to go online and search thoroughly about the person. Gather information which tells you more about the capacity and professional caliber of the chosen attorney.

Ask Recommendations:
You can ask your friends and family members to give you recommendations if they have any similar experience. Consult them and find the person who can actually pull you out from this deadly trap.

Be Presentable:
Your appearance matters a lot. It is mainly because most lawyers don’t want to represent people who look like a felon. Try to act to the best and stand firm on your case.

Find the most applicable representation and get the instant bail!

Originally published here.