Injuryboard Commentary - Drunk Driving

Minnesota State Patrol Has Increased Holiday DWI Patrol

Mike Bryant — Tue, 08 Dec 2009 12:42:00 GMT

This past week, law enforcement groups in Minnesota have been stating that DUI patrols will be increased for the holiday season. Since a lot of our work is in Stearns County, which ranks Sixth deadliest county for DUI deaths in the State of Minnesota this is significant news. The patrol is an effort to combat that problem.

In the Duluth News Tribune, Dr. Christopher Delp, an emergency physician at St. Luke’s, in Duluth pointed out:

December is the busiest month in the emergency room for motor vehicle crashes. Almost 40 percent of the major trauma victims have alcohol levels well above the legal limit, he said. Walking into the waiting room and seeing the hopeful faces of a victim’s family and friends — and then having to tell them that their loved one is in critical condition or has been killed by a drunken driver — is one of the most difficult jobs he must do.

The announcement is intended to remind people of the dangers of drinking and Driving and also add to the ongoing discussion about the problem. With the number of deaths caused by driving while intoxicated increasing in the State, this is a noble effort.

It's important we all keep the following in mind:

Don't Drink and Drive

Use designated Drivers

Always remember that the more you drink the increase chance you will make bad choices.

As Drivers on the road: It's also worth keeping in mind, the deadliest roads in Stearns county to try to stay away from at night.

Originally posted at InjuryBoard by Mike Bryant

I-94 Head On Collision Sends Two To The Hospital

Mike Bryant — Sun, 06 Dec 2009 22:46:00 GMT

Saturday night, a Toyota Tundra hit a Toyota Sienna sending a mother and her son to the hospital. The Tundra was driving wrong way on a ramp from I-94 at 49th Avenue. Five other children were also injured in the van with the hospitalized pair. Investigation continues, but it is suggested that alcohol played a role.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

Originally posted at InjuryBoard by Mike Bryant

Safe Holiday: Thanksgiving Weekend Let's Have No Drinking And Driving

Mike Bryant — Thu, 26 Nov 2009 09:33:00 GMT

In particular, the holiday weekends have been targeted as times that need the extra vigilance. To many people take to the roads after drinking. It is important that this not happen.

From 2005 to 2007, 23 people died in Minnesota traffic accidents during the Thanksgiving holiday weekend. Thirteen were alcohol-related crashes. Therefore, it was identified by the State Patrol as the deadliest weekend.

Operation NightCAP is a federally funded program that puts overtime police officers on extra patrols in Minnesota’s 15 deadliest counties. The thought behind identifying the holiday increase is to get the word out so that drunk drivers may think twice about taking to the roads. “The goal here isn’t to stop people from having a good time,” State Patrol Lt. Mark Peterson said.” “The whole idea is for [drunk drivers] to believe that they’re going to get caught.”

In any drunk driving collision, there are a number of issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a past article for the Minnesota Lawyers Trial magazine. Beyond the accident, there may be Dram shop issues that have to be investigated.

Originally posted at InjuryBoard by Mike Bryant

Drunk Driver Found Guilty For Killing Woman After Running Red Light

Mike Bryant — Tue, 24 Nov 2009 17:15:00 GMT

Late last week, a Crystal man was found guilty of fleeing police and causing the April 18 death of a woman after he sped through a red light at the top of an exit ramp off Interstate 35E and crashed into the car she was riding in with her husband. Hopefully, her family will find a little solace in the drivers going to prison. Sympathy goes out to all those that suffered from this loss.

Recent research indicates that deaths involving motor vehicles are down in Minnesota, but deaths linked to drinking and driving have also increased. The rules are simple and must always be followed:

Don't Drink and Drive
Use designated drivers
Always remember that the more you drink, the more your odds of making bad choices increase.
As drivers on the road: It's also worth keeping in mind, the deadliest roads in Stearns county to try to stay away from at night.

Originally posted at InjuryBoard by Mike Bryant

Beach Attorney Recognized for DUI Prosecution Efforts

Rick Shapiro — Tue, 24 Nov 2009 10:20:00 GMT

Local prosecutor Charisse Black last week received a national award for keeping alcohol- and drug-addled divers off the streets of Virginia Beach.

Mothers Against Drunk Driving tapped Black as one of 15 recipients of its 2009 President's Criminal Justice Award for "her thorough gathering of facts, complete knowledge of current Virginia DUI laws and her ability to convict the majority of the cases she presents." Black's supervisor, Commonwealth's Attorney for Virginia Beach Harvey Bryant also praised Black for "seeing that those who drive drunk are convicted and punished without delay.' Bryant also said that "Charisse embodies the ‘get tough’ attitude that this office has toward drunk drivers."

I am happy to add my congratulations to Black and to express my appreciation for her work. Drunk and drugged drivers cause untold tragedy in our area and across the United States. While statistics on fatalities, injuries and monetary damages caused by drivers impaired by drugs and alcohol are kept, those numbers do not come close to telling the story of how DUIs can ruin and end lives.

Prosecuting drunk and drugged drivers is only part of the solution, of cpursse. Drivers need to take responsibility and stay out their cars if they have been drinking or doing drugs. Also, as we kickoff the holiday party season, hosts and guests need to watch their friends and head off potential drunk drivers by ensuring safe rides homes for those who need them.

Until people do assume their full responsibilities, however, it is good to know that prosecutors like Black are protecting us.

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Safe Driving Is Something to Be Thankful For

David Mittleman — Tue, 24 Nov 2009 10:17:38 GMT

This holiday weekend, people will be traveling in droves to reunite with their families and to celebrate Thanksgiving. Given that airline tickets are prohibitively expensive for most people with the current state of the economy, much of the Turkey Day traffic will be on our roadways. Unfortunately, this could translate to a higher chance of being involved in an accident.

With millions of Americans traveling such significant distances, the opportunity for disaster also climbs. You can do your part to minimize the risk to you and your family by practicing safe driving behaviors:

Driving too fast is widely recognized as dangerous, but driving too slow can also cause hazardous situations as well.
If you're tempted to drive a few extra miles to get to your destination despite being sleepy, don't. Drowsy driving can be as dangerous as driving drunk.
Be patient. People will be clogging highways from Wednesday night through Monday morning. Be prepared to deal with delays to avoid road rage-type behavior.
Weather can be a factor. If the skies open up with rain or snow, be sure to adjust your driving accordingly.

Many law enforcement agencies will be patrolling the highways this weekend, on the lookout for these behaviors. Their goal is to keep everyone safe by ticketing violators and, hopefully, detering motorists from dangerous driving.

If you're traveling this weekend, use caution and common sense. Careful driving means you can avoid traffic tickets and hazardous situations. Celebrate Thanksgiving with your loved ones for many years to come - travel safely.

Originally posted at InjuryBoard by David Mittleman

Car & Driver reports: Texting more dangerous than driving drunk

Doug Landau — Fri, 20 Nov 2009 00:23:00 GMT

Car & Driver reports: Texting while operating a car or truck is more dangerous than driving drunk. Aldie, Prince William and Loudoun County car crash lawyer Doug Landau notes that a study by Car and Driver magazine demonstrated that texting while driving can be even more dangerous than driving while drunk.

ABRAMS LANDAU trial attorney Landau also observes that all of the driving in the Car and Driver study was done in a straight line on an 11,800-foot runway. After conducting the texting tests on both subjects at 35 and 70 miles per hour, the subjects then drank alcoholic beverages until they reached the legal driving limit of 0.08 percent blood-alcohol content. Then, they went back behind the wheel and ran the identical test without any texting distractions. The results showed that even on a straight road without any traffic, road signals, or pedestrians, and looking just at reaction times, the texting results were even worse than the alcoholic impairment results. The lesson to be learned: DO NOT ATTEMPT TO TEXT AND OPERATE A MOTOR VEHICLE. BE SAFE. BE SMART. PULL OVER AND TEXT.

Originally posted at InjuryBoard by Doug Landau

Alcoholic Energy Drinks Come Under FDA Scrutiny

David Mittleman — Mon, 16 Nov 2009 10:02:36 GMT

Alcoholic energy drinks have gained in popularity, particularly among younger drinkers. But now, the drinks, marketed under flashy names like Evil Eye or Max Fury, are coming under the Food and Drug Administration’s scrutiny. The FDA has never approved of the addition of caffeine to alcoholic drinks, but the producers of these beverages claim that their products are safe. Nevertheless, the FDA is concerned that the addition of caffeine can mask the effects of alcohol, potentially leading to more instances of drunk driving, sexual assaults or other destructive behaviors.

The burden of proving that the caffeine-laden alcoholic beverages are safe falls squarely on the shoulders of the manufacturers. In a September 25^th letter to the FDA, a task force, consisting of the attorney generals of several states as well as several other state, city, and territorial law enforcement officials, stated that “there is a strong emerging consensus of scientific opinion that the combination of caffeine and alcohol…poses a serious public health risk”. Ultimately, the goal is to remove the caffeinated alcoholic beverages from the market. Since the FDA received the letter from the task force, they also issued a letter to the manufacturers of caffeinated alcoholic beverages. Manufacturers have 30 days to respond to the FDA.

So far, larger corporations such as Anheuser-Busch have already removed caffeine from their alcoholic energy drinks. However, other smaller companies such as Los-Angeles based Joose Beverage and Portland, Oregon-based Charge Beverages continue to sell alcoholic energy drinks infused with caffeine. The companies could still challenge the FDA’s request by arguing that their products have already been approved by the Alcohol and Tobacco Tax and Trade Bureau.

Originally posted at InjuryBoard by David Mittleman

DWI La-Z-Boy Isn't - Trademark Foul Kills E-Bay Auction at $43,500

Joe Crumley — Tue, 03 Nov 2009 08:37:39 GMT

E-Bay officials pulled the auction of the infamous DWI La-Z-Boy, aparently after the LaZ-Boy company claimed a trademark violation.

Proctor police chief Walter Wobig got a fax Monday morning from a La-Z-Boy representative, and had what he called a "congenial" phone conversation later. He thought the issue was done, but later in the day noticed the auction had been pulled just 11 hours short of ending.

The Star Tribune reported:

The [LaZ-Boy] representative told the chief to just make sure the eventual buyer doesn't continue referring to it as a La-Z-Boy chair. "And good luck with the sale," he said, according to Wobig.

But all went afoul by nightfall when the chief noticed the chair auction was off the website. Earlier in the day, Wobig said he tried to e-mail and call the folks at eBay but said there was no way to do that.

All he can do now is repost the listing without the trademark name, begin the bidding at $500 once again and hope bidders will drive the price to former heights.

An autographed photo of the former owner, Dennis Anderson, sitting in his chair, fetched $710 on eBay. Anderson's family and friends said the money will be used to help pay legal fines and legal fees after he crashed his recliner into a parked car while driving drunk.

Wobig is a little tired of the whole thing:

Hoping that bidding will begin again today, Wobig said he'll end the auction after three days instead of the original five. He has fielded calls, letters and e-mails from some who love the auction idea and others who "want to string us up for taking the man's chair away."

"In the past four days I've done nothing but dealt with this thing," he said. "I can't go through that again."

The chair is agian up for auction, but the bids have not yet approached the $45,000 that was achieved on the first auction.

Originally posted at InjuryBoard by Joe Crumley

DWI La-Z-Boy Attracts $$Thousands in E-Bay Bids

Joe Crumley — Sat, 31 Oct 2009 11:08:32 GMT

Update here: DWI La-Z-Boy Isn't - Trademark Foul Kills E-Bay Auction at $43,500

_________________________________________

A motorized La-Z-Boy recliner seized by police after being involved in a DWI is attracting large bids on E-Bay.

For details, more photos, and some interesting comments, take a look at my earlier article: Driver Guilty - Drunk Driving a La-Z-Boy?!

The La-Z-Boy was seized from its owner and builder, Dennis Anderson of Proctor, near Duluth, Minnesota. Anderson who was arrested August 31 after leaving a bar and crashing the chair into a car in the parking lot. He had a 0.29 blood alcohol, over 3 times the legal limit, and it was his second DWI. Minnesota law allow seizure of vehicles used in more serious driving while intoxicated offenses.

As of 11:30 PM October 31, the bid was $38,100. The item can be viewed at online aution site E-Bay.

The Star Tribune described the chair:

The chair runs on a converted gasoline-powered lawnmower engine and has a steering wheel, headlights, rear roll bars, a power antenna, stereo and cup holders. It can top out at 15 to 20 miles per hour. Stickers on the back include a National Hot Rod Association logo and one that reads, "Hell yeah it's fast."

All the funds from the La-Z-Boy sale will be kept by the the police, state and the court system, according to the Duluth News-Tribune.

AHow high will the bidding go? Check back here, and I'll update the totals till the auction is finished Tuesday Night.

Anderson is selling an autographed photo of himself sitting in his La-Z-Boy to offset his legal fees, but that offering is getting substantially lower bids. As of 9:30 AM October 31, that bid was "only" $405, but there were apparently problems with those bids. By 11:30 PM, the top bids was $166.

Originally posted at InjuryBoard by Joe Crumley