Posts Tagged ‘ DUI ’

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.

2013
09/17
CATEGORY
Driving Violation
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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.

2013
08/28
CATEGORY
Criminal
Driving Violation
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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.

2013
06/22
CATEGORY
Driving Violation
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Summer Drunk Driving Statistics

As the summer approaches, more and more people will take advantage of the summer holidays and travel to visit friends and family. Unfortunately, summer is also one of the deadliest times to be on the road.

The U.S. Department of Transportation cites the holidays of Labor Day, Independence Day and Memorial Day as some of the most dangerous times to be driving. They trail only Thanksgiving in terms of the number of accidents and deaths on the road. Since 1982, each of these summer holidays has averaged over 500 traffic fatalities. The number of alcohol related deaths during this same time period has nearly doubled.Drunk Driving Wilcox Law

Overall Decline in the Number of Fatalities

Since 1982, the overall number of alcohol-related driving fatalities in the United States has decreased precipitously from over 26,000 per year to around 13,000. In 1982, 60 percent of all traffic fatalities were caused by drivers with a blood alcohol content over .08%, the current legal limit. In 2008, that number had dropped to just 37 percent. Since 2002, all 50 states have had laws in place making it illegal to drive with a blood alcohol content that is 0.08 percent or higher.

Despite this decline, law enforcement continues to make DUI enforcement one of its top priorities. During busy holiday weekends, police increase the number of patrols and DUI checkpoints. If you spot a suspected drunk driver on the road, it is recommended that you call the nearest state patrol or law enforcement agency with as much information about the vehicle and your location as possible.
Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

2013
04/18
CATEGORY
Criminal
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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.

Image

2013
04/01
CATEGORY
Driving Violation
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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.

2012
03/13
CATEGORY
Driving Violation
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Are there substance abuse groups and resources in the Livingston County area?

If you are dealing with substance abuse, I would urge you to seek help from one of the many resources available to you in the Livingston County area. There are  many fantastic people and organizations out there that want to help and your chances of succeeding with help are far greater than alone.

Here is a list of some of the resources available to you for drug or alcohol related issues. In-patient treatment facilities are also available, but are more expensive. In some cases, funding may be available to you to enter one of these programs especially if a Judge is involved and has recommended a specific program.

Al-Anon

http://www.district15alanon.org/

Phone: 517-546-9350

Complete Counseling Center

http://www.mhweb.org/michigan/complete.htm

Phone: 517-546-4445

The Naz

http://www.thenaz.org/ministries/adults/celebrate-recovery

Phone: 810-227-6600

Livingston County Council on Alcohol and Substance Abuse

casaoflc.org

Phone: 585-243-9210

Community of Mental Health Services

http://www.cmhliv.org/

Emergency Services Phone: (517) 546-4126

Non-Emergency Toll Free Phone: (800) 615-1245

Remember to be kind to yourself and that there are people out there who want to help and know what you are going through.

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.

2012
01/04
CATEGORY
Criminal
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Have a safe New Year’s Eve- drunk driving advice.

As many people know, New Year’s Eve can be a dangerous time to be behind the wheel of a car whether  you have been drinking or not. People understandable want to go out and have a good time to ring in the New Year, but unfortunately many do not take the necessary precautions and plan ahead to make sure they have a way of safely getting home. Deaths typically shoot up about 150 percent during the holidays, as intoxicated revelers get behind the wheel.

Here are a few sobering statistics about drunk driving that might make you think twice about driving even after a few this year:

• One person is killed every half-hour due to drunk driving
• Each year approximately 16,000 are killed in alcohol related crashes
• Alcohol is a factor in almost half of all traffic fatalities
• Every other minute a person is seriously injured in an alcohol related crash

http://dui.lifetips.com/cat/61352/drunk-driving-facts-stats/index.html

In an earlier post, I addressed the common question of whether or not you are required to take a PBT (Preliminary Breath Test) or breathalyzer, when they get pulled over for drunk driving.

The short answer is yes. Holding a Michigan driver’s license implies that you will consent to a PBT if pulled over by law enforcement. Refusing the breathalyzer will cause your license to be revoked for one year.

So this New Year, please plan ahead so that you don’t find yourself in a position at the end of the night where you have the opportunity to make a poor decision. Have contact information for local cab companies, designate a driver or consider staying in this New Year’s Eve.

Have a safe and happy New Year’s Eve!

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.

2011
12/29
CATEGORY
Criminal
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What should I expect after my first alcohol driving offense?

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.

2011
09/14
CATEGORY
Criminal
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