Your Legal Liability if Your Guests Drive Home Drunk

You host a party where there’s food, music, cheering and alcohol. Then a guest, who has had a few drinks, gets into their car and drives home while under the influence. Are you liable to be held responsible if your guest or anyone else gets hurt in an accident? If you are having a party that includes alcohol, you should ensure that everyone who drinks gets home safe with the help of a driver, a cab or a room to lie in after the party is over. In case of bartenders and licensed establishments, there is a clear legal duty to cut out the alcohol if patrons seem intoxicated and to ensure they get home safely but for individuals who throw private parties, the law isn’t clear. However, the risk of legal liability exists and legal responsibilities may be broadening scope wise.

A case in Canada Childs v. Desormeaux, where a woman was paralyzed and her boyfriend killed in a car accident struck by the driver who had been drunk. The woman sued the hosts of a New Year’s party attended by the drunk driver who bought his own alcohol to the host’s home. According to personal injury lawyer Jeremy Diamond, the Supreme Court of Canada concluded that the social hosts do not owe a duty of care to third parties injured by intoxicated guests and added that the case did not determine whether there was a duty of care in other circumstances, such as foreseeability of harm is present for the guests themselves.

In order to reduce the risk of liability there are a few things hosts can do apart from providing accommodation and transportation such as not making drinks the focus of the party, cutting out alcohol well before time, take car keys away from the guests if necessary and avoid guests having serve themselves. Otherwise, with the inclination of the law to change itself according to the need of the hour it appears there would be a time when hosts will have to hire an impaired driving attorney for them in the near future.

Read the full article here: https://globalnews.ca/news/3926502/drunk-driving-canada-social-host-liability/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Things You Need to Know About Your Breath Test Sample if Stopped for a DUI

Stopped for suspicion of driving under the influence of alcohol and given a breath alcohol test? Well, here is all that you need to know:

According to lawyer Ziad Youssef of MyTrafficMan.net the Draeger 9510 is the breath alcohol instrument most commonly used in Washington DUI investigations and like the DataMaster, which is an obsolete instrument, it analyzes breath to help police estimate the level of alcohol in a person’s blood.

According to the prevalent laws in most of the states, the legal limit for breath alcohol has been set at .08, which means that anyone with a breath alcohol level of .08 is assumed to be driving under influence. However, recent developments in DUI defense strategies have created reasons to doubt the results of the instrument. The Draeger 9510 works with the help of software that has yet not been validated by the state. The said software controls the data when the breath alcohol sample is collected. It has sensors that check and record flow rate, volume, breath alcohol level and time to ensure the minimum criteria for a breath sample.

As per the DUI law in Washington, the instrument has to test only the last portion of air exhaled by the driver into the Draeger among other things. Challenging the reliability or accuracy of a Draeger 9510 breath test or its functioning have not resulted in the inadmissibility of the test results which means the hearings officer at a Department of Licensing hearing and the jury in a criminal trial will likely see results and they may consider the challenge in deciding what weight to give the test result. Presenting evidence of an invalid test is critical to successful hearing and may save the driver from DUI penalties since the burden of challenging the weight of a breath test is on the driver.

Read the full article here: https://www.heraldnet.com/marketplace/stopped-for-a-dui-heres-what-you-need-to-know-about-your-breath-test-sample/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/dui-news/

The Problem of Detecting and Proving DUI in Case of Marijuana

Using Cannabis for recreational purposes is legal now in California and since DUIC has always been a crime, recreational cannabis will increase the DUIC cases. As in the case of driving under the influence of alcohol where some people who are innocent get arrested based on the standard used by police while making an arrest. The problem of innocent people being wrongfully arrested of DUIC is greater than DUI-alcohol because cannabis is different. A century-old research of alcohol consumption and driving impairment, it is generally believed that everybody who has blood alcohol content above 0.08 percent is under the influence of alcohol for the purpose of driving.

The law enforcement evaluation tools currently in operation are not proper for evaluating DUIC. A 12 step Drug Recognition Evaluation sponsored by the International Association of Chiefs of Police is designed to assist an officer to decide whether a suspect has recent prior exposure to one of seven drugs including cannabis and is not designed to help evaluate whether a person is impaired for driving purposes.

Police officers are forced to make DUIC arrest decision based on the evaluation tools that are ill-suited and observations associated with cannabis use according to their training like inability in crossing one’s eyes, dry mouth, red and watery eyes or the odor of marijuana among others. Cannabis consumption has the potential to cause impaired driving just like prescription medication, but simply driving a vehicle after consumption of Cannabis is not DUIC. So, until and unless there are more sophisticated and advanced methods of investigation, people are going to get charged with a DUI of cannabis and there will be a lot of innocents getting arrested.

Read the full article here: https://www.vcstar.com/story/opinion/columnists/2018/03/17/trouble-detecting-and-proving-marijuana-dui/433642002/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

8 People Injured On Icy Reno Roads With 15-20 Cars Involved In Thursday Crash

The Nevada Highway Patrol asked people to stay off the roads on Thursday evening after several multi-car crashes put the freeways in a shut-down state in the area. Officer Matt McLaughlin stated that around 15-20 cars piled up in a mid-afternoon shut down on the eastbound lanes of Interstate 80 east of Mustang. According to him the number of injuries was unclear, but McLaughlin stated that about eight people were transported by emergency response teams.

According to McLaughlin it was also virtually impossible to get from Carson City to Reno on Thursday afternoon, as northbound lanes on both Interstate 580 and Old U.S. 395 were closed. Another 15-20 car pileup triggered after a Nevada Highway Patrol Vehicle was struck and the I-580 closure was caused. McLaughlin stated that tow trucks and emergency response teams were working at “max capacity”.

In the northeast part of Nevada, the eastbound I-80 was closed for approximately four hours after two people were injured in a six-vehicle crash just before noon in the Carlin Tunnels west of Elko.NHP Trooper Jim Stewart stated that one victim suffered a possible broken leg but none of the injuries was considered life-threatening.However no one is reported to have been charged with a DUI or any other offence. In north-central Nevada, a record-breaking 3.6 inches of snowfall was reported in Winnemucca as it broke the old record of 2.9 inches set in 1919 according to the National Weather Service.

In the north of Reno, Stead, seven inches of snow had fallen.As per reports, the National Weather Service stated that 3.5 inches of snow was reported in three hours at Reno-Stead Airport and five inches was recorded in two hours in nearby Cold Springs during the Thursday morning commute. School was delayed two hours throughout Washoe County and five schools in Reno reportedly canceled classes. As per the forecast, up to 6 inches of snow was predicted into Thursday night at Lake Tahoe.

Read the full article here: https://www.rgj.com/story/news/2018/02/22/washoe-schools-2-hour-delay-snow-blows-toward-reno/362336002/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

DUI Arrests By New Hampshire State Troopers

Troop A Blotter

Kevin Joensuu aged 49 was arrested at 8:22 p.m. on 13th March 2018 for drinking while driving offence on Route 16 in Dover and Mike NjopaFinjap aged 30, was arrested at 8:10 p.m. on 11th March 2018 for driving after revocation or suspension on Route 16 North in Portsmouth. Both are residents of Dover. Christopher Dunkleof Concord, aged 31 was arrested for reckless operation at 8:20 a.m. on March 11, 2018, on Route 101 East in Brentwood near Exit 8. Dwayne Duntonof Milton, aged 34 was arrested at 12:50 a.m. on March 11, 2018, for DUI on Route 125 North in Rochester.Carl Miller, 53, of Moncks Corner, SC, was arrested at 8:50 p.m. on March 9, 2018, for DUI and DUI – adult greater than 0.08 on Route 16 North near Exit 9 in Dover.

Troop B Blotter

Alexander Wentaof Manchester, aged 30 was arrested at 9:30 p.m. on March 15, 2018, for DUI on I-293 North near Exit 2 in Manchester.Todd Rouillier, 50, of Manchester was arrested at 10:45 a.m. on March 15, 2018 for driving after revocation or suspension-subsequent and disobeying an officer on Route 28 in Manchester.Jean Rohena, of Lawrence, MA, aged 30 was arrested at 3:24 p.m. on March 14, 2018, for driving after revocation or suspension on I-93 South in Manchester.

Troop D Blotter

Steven Camara of Westport, MA, aged 52 was arrested at 4:57 p.m. on 11t hMarch 2018, for DUI on I-93 North in Concord. Tracie Marquette of Concord, aged 18 was arrested at 6:26 p.m. on March 10, 2018, for suspension of vehicle registration on I-93 South in Hooksett. Michael Roberts aged 31, of Suncook, was arrested at 3:05 p.m. on March 9, 2018, for reckless operation on I-393 West in Concord.

There were other NHSP arrests as well. Jeremy Sellers of Ossipee, aged 35 was arrested at 12:26 a.m. on March 11, 2018, for drinking and driving, DUI–adult greater than 0.08, and possession of a controlled drug on Route 16 in Albany.Elwood Sherman, 50, of Charlestown, RI, was arrested at 11:18 p.m. on March 10, 2018, for drinking and driving on Route 113 in Albany.

Read the full article here: https://patch.com/new-hampshire/concord-nh/new-hampshire-state-troopers-make-dui-arrests-roundup

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Ignition Interlocks to be Deterrents for Drunk Driving as per the Task Force

More and more U.S. states are passing a legislation vide which all DUI offenders will have to get an ignition interlock device placed in their vehicles whether it’s their first offence or a repeat offense and won’t be able to take an impaired driving defence that they don’t want any such device installed in the vehicle. As per the traffic stats for the year 2016, alcohol-related crashes accounted for 4 percent of all crashes in the state and alcohol-related crash fatalities were 28 percent of the total 1441 crash fatalities in the state of North Carolina, which comes to 402 people in totality.

Mary Beth Cox, who is an epidemiologist at the Injury and Violence Prevention Branch of the Department of Health and Human Services, presented data based on a survey conducted in 2016 which showed that almost 3 percent of adults admitted to drinking and driving during the 30 days prior to the time they were asked the question. The number of teens who said they’d been in a car in the past month with someone who had been under the influence as per a 2015 survey was 18.4 percent.

The mandate that makes it mandatory to get an ignition interlock device in every offender’s vehicle is definitely going to make a difference. A driver needs to blow into the device when they get into a vehicle with an ignition interlock device and the interlock can be set to prevent ignition if the alcohol presence is more than the limit. Around 30 states have already moved forward to make ignition interlocks for all of the people arrested for driving under the influence. The states where interlocks were universal, deaths in alcohol-related crashes decreased by 15 percent and re-arrest rates dropped by 67 percent.

Read the full article here: https://www.northcarolinahealthnews.org/2018/03/08/task-force-backs-ignition-interlocks-as-drunk-driving-deterrent/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Your Legal Options and the Costs if Involved in a Drunk Driving Offence

Drinking and driving is a dangerous act and the most common advice with regard to driving that people give is never to drink and drive. It sounds easy but drunk driving offences are one of the most recurrent offences in the whole of the United States. Drunk driving is the cause of hundreds and thousands of fatalities annually and it also results in grave penalties and consequences that alter the course of life. The people who get convicted for DUI offences experience a lot of consequences such as multiple court appearances, a criminal record, dishonor in society and apart from all of this, it is something really costly.

If found guilty of a DUI crime, the accused is forced to pay financially, professionally as well as legally and these consequences can linger on for several years and in some states, for the rest of the life. The costs of a DUI offence can be really heavy. The court fees may cost between $250 to $1500 and hiring a lawyer may cost another $2000 for a minimum. Then there are costs for license reinstatement and formal hearing which range from $250-$500. Some states demand the attendance of the accused in alcohol abuse classes that cost an additional $100 to $500. Insurance rates are also increased as insurance companies consider DUI offenders as high risk drivers. Apart from all of that a total amount of $1650 goes in the form of various fines and fees.

Those involved in a DUI need to three things legally. First is to document everything as it is essential for the case. Second is to look for potential witnesses that can help strengthen the case. Third is to hire a competent DUI lawyer as the best DUI lawyer can protect the interests of the accused in the most appropriate way. Getting convicted and arrested for a DUI offence is not only embarrassing but is a life altering event that can be really costly and hiring the best DUI defense lawyer is the perfect option for anyone facing a DUI offence.

Read the full article here: https://theinscribermag.com/the-costs-of-drunk-driving-and-what-to-do-legally-if-youve-experienced-this/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Police plan DUI enforcements on St. Paddy’s weekend

St. Patrick’s Day falls on a Saturday this year, which means many people will celebrate all weekend long.

Police will keep their Irish eyes peeled for impaired drivers.

If you drink green beer, be prepared to see red and blue lights in the review mirror. All weekend long, police will be cracking down on partygoers who choose to drive impaired.

According to a new study by the Centers for Disease Control and Prevention, binge drinking is a big issue for Americans — and not just on holidays.

In 2015, Americans drank more than 17 billion drinks annually; that’s 470 drinks per binge drinker. Half of the bingers are over the age of 35 and 80 percent are men.

State police want to remind people who plan to have one or two drinks that the consequences of buzzed driving are the same as drunk driving.

“With DUI enforcement, the purpose is to save lives,” Trooper Brent Miller said. “We have to take those drivers who are drinking or using illegal drugs [off the road] when they choose to get behind the wheel.”

There are many ways people can avoid needing to fight impaired driving charges. Police encourage anyone drinking to download the Safer Ride app, which can call a taxi or predetermined friend as well as share your location.

Police also encourage you to use transportation services such taxis, Uber and Lyft to party responsibly.

Read the full article here: https://abc27.com/2018/03/16/police-plan-dui-enforcements-on-st-paddys-weekend/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Canadian ski cross racer David Duncan apologizes after drunken joyride at Olympics

Canadian ski cross racer Dave Duncan is apologizing for “behaviour that demonstrated poor judgement” after being released from jail following an alleged drunken joyride at the Pyeongchang Games.

The Canadian Olympic Committee confirmed in a statement Sunday that Duncan, his wife Maja and Canadian technical coach William Raine had been detained by police in South Korea and were now released. The statement came after an investigator with the Gangwon Provincial Police Department told The Canadian Press the two Canadians and an American woman were arrested for drunk driving and stealing a car.

A joint statement from the Duncans offering an apology did not offer specifics, saying only their behaviour “was not up to the standards expected of us as members of the Canadian Olympic Team or as Canadians.” But Raine singled out “the owner of the vehicle that was involved” in his statement.

“I would like to apologize profusely for my inexcusable actions,” Raine said. “Words are not enough to express how sorry I am. I have let my teammates, friends and my family down.”

Raine is the son of Canadian skiing legend Nancy Greene.

Read the full article here: https://www.theglobeandmail.com/sports/olympics/canadian-athlete-wife-manager-allegedly-steal-car-and-drive-drunk-in-winter-olympics/article38104346/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Mom driving with baby arrested for DUI and peeing on a cop

A Florida mom suspected of driving drunk with a baby in the back seat was also accused of urinating on an officer during her arrest.

Nichole Nespolini, 40, of Melbourne, was arrested Monday after rear-ending another car at an intersection in Melbourne, where Nespolini then pleaded with the motorist not to notify police, Florida Today reported.

When cops arrived on the scene, Nespolini walked into traffic and began pushing an officer in the chest and stood on her toes at one point to yell in an officer’s face, according to an arrest report.

Then, as three cops started putting Nespolini in handcuffs, she said, according to the report: “I’m peeing and I hope it gets on you!”

Nespolini then started urinating on an officer’s foot before kicking another cop in the groin as she was taken into a police cruiser. Officers at that point discovered a baby secured in a child seat in the back seat of Nespolini’s car.

The father of the child responded to the scene to pick up the baby as Nespolini was taken to a hospital before being taken into custody at the Braved County Jail. She remains in custody as of early Thursday on $18,500 bond, jail records show.

Nespolini is facing charges of driving under the influence, DUI with property damages, child neglect, resisting an officer with violence, resisting an officer without violence and battery on a law enforcement officer.

Read the full article here: https://nypost.com/2018/02/15/mom-driving-with-baby-arrested-for-dui-and-peeing-on-a-cop/

For more local DUI news and information please visit our website https://www.toronto-dui-lawyer.ca/