Archive for the ‘ Driving Violation ’ Category

DUI Indicators- According to the Police

The National Highway Traffic Administration has conducted research to help determine what police officers look for to identify drunk drivers. Contrary to what you might think, speeding is not a clue of insobriety. This is because studies show that a person who speeds often exhibits signs of heightened awareness in the form of quicker judgment and reflexes.

Drunk Driving Indicators

The higher the clue is on the list, the higher the probability of impairment. This information certainly isn’t to help you avoid getting caught, but to help you realize they are looking for any indication you are driving impaired and it’s incredibly difficult to game the system.

  1. Turning with a wide radius
  2. Straddling center of lane marker
  3. “Appearing to be drunk”
  4. Almost striking object or vehicle
  5. Weaving
  6. Driving on other than designated highway
  7. Swerving
  8. Speed more than 10 mph below limit
  9. Stopping without reason in traffic lane
  10. Following too closely
  11. Drifting
  12. Tires on center or lane marker
  13. Braking erratically
  14. Driving into opposing or crossing traffic
  15. Signaling inconsistent with driving actions
  16. Slow response to traffic signals
  17. Stopping inappropriately
  18. Turning abruptly or illegally
  19. Accelerating or decelerating rapidly
  20. Driving with headlights off

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

Is it legal to drink and operate a boat?

It’s hard to believe summer is winding down to a close already as we approach the Labor Day weekend. For many, this will be their last opportunity to squeeze in some boat time on the water. If a weekend of boating is on your agenda and you plan to have a few brews out there, here are a few things you might want to know first.

Michigan law does not prohibit drinking on the water.Boating_and_Drinking

However contrary to popular belief, it is illegal to operate a boat under the influence. Having a BAC (blood alcohol-content) of .10 or more constitutes being under the influence. Coast Guard officials will often stop a boat for safety checks if they see the operator drinking.

Even if you refuse a breath test, you can still be detained and be taken back to shore. Michigan law says that by operating a vessel on Michigan waters, you have consented to be tested

But unlike operating or being in an automobile, it is legal to have open containers on the water.

It’s also wise to keep in mind the effect the elements will have on you when you are drinking on the water. For instance, three beers may have a stronger effect on you while you are sitting out in the sun all day compared to consuming the same amount indoors.

I hope this helps you have a safe and fun Labor Day!

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

What should I expect from my first alcohol driving offense?

Unfortunately the number of drunk driving related arrests and accidents increases as the weather warms up.

Here is a bit of what you can expect if you find yourself being arrested for a first time offense. drunk_driving_wilcox_law

In general, you should expect to serve probation for 6 -18 months and pay $1,000 in fines. You may also be required to attend alcohol counseling sessions.

In Livingston County, serving jail time for a first offense is not typical, but this is not guaranteed. Factors to determine potential jail time are your BAC (blood-alcohol level), if an accident took place and if you have a prior criminal record.

You will also need to complete a drug or alcohol assessment.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

Warmer months bring on more drunk driving incidents

Here in Michigan I know everyone is excited to see warmer weather, myself included. Unfortunately the spring and summer months also tend to bring an increased number of drunk driving incidents. Memorial Day is the official start of summer.

According to the National Highway Traffic Safety Administration (NHTSA), 397 people died over the three-day weekend in 2010, the latest year for which data is available. Of those crashes, 40 percent were alcohol-related.

The NIAAA pamphlet, “Rethinking Holiday Drinking,” recommends that people who do decide to drink should not have more than one drink per hour.

So as you start to enjoy the coming warmer months, remember to be safe and smart about how you decide to ring in the summer.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

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How do I get my license back?

The Secretary of State (SOS) is the entity that handles license disputes and normally it will be necessary to participate in a DLAD (Drivers License Appeal Division) hearing.

The first step is to obtain a copy of the driving record.  If the suspension is alcohol or drug related, you will need to attain an assessment from a local counselor and acquire recommendation letters. There will be a list of questions and procedures to review prior to the hearing. The panel or person to preside over the hearing will write an opinion as to whether you will be eligible for a license normally within a couple of weeks.

The entire process will usually take a couple of months.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.