Showing posts with label Drunk Driving. Show all posts
Showing posts with label Drunk Driving. Show all posts

Sunday, May 20, 2018

Drunk Driving: The International Experience


Why it is important to look at the world experience

The United States has a unique history with drunk driving, but it is worth taking a few moments to look at the experiences of other nations. Drunk driving is as old as the invention of the automobile and poses a problem everywhere. Many interesting facts and debacles have erupted from the issue of drunk driving. Nations across the world have responded differently to the unique facets of drunk driving. From other nation's triumphs and failures, we can better understand the societal and economic forces that promote such behavior.  

Columbia

In 2013, a number of grisly drunk driving incidents rocked Columbia and provided the impetus for a radical change in the way the Columbian police punish inebriated driving. Much like the Americans, Columbians did not think much about drunk driving in the beginning. There was little to no stigma, especially in the rural places where driving is a necessity. This does not mean urban places were immune from the troubles caused by influenced driving. Zona Rosa del Sur, a party district in Bogota, was notorious for the sheer amount of drunk driving incidents that occurred there on weekends.
The country sought to bring the issue front and center by launching a mass media campaign to change the way Columbians think of drunk driving. The campaign was by-all-metrics successful, but as, mentioned above in 2013 notable drunk driving incidents caught national headlines. These headlines lead politicians to enact laws that more severely punished offenders. The idea was the more severe punishment would deter Columbians from making the potentially deadly decision to get behind the wheel under the influence.
The new punishments imposed were tremendous. Any person caught drunk driving for the first time would be given a fine of $880. This may not seem stiff to Americans, but in Columbia the minimum monthly wage is $300 a year. Due to a very high economic inequality rate, most Columbians would be dealt a severe economic blow from which it would be difficult to recover from if they were caught drunk driving even once. This shows the seriousness with which the Columbian government takes the issue of drunk driving. Third time offenders with high-volumes of alcohol in their system will be fined nearly $15, 000 and will suffer the revocation of the individual’s license for twenty-five years.  
    
Poland

Poland has one of the worst road safety ratings in the European Union and this is in large part due to the prevalence of influenced driving there. In response to this issue, the Prime Minister of Poland announced legislative changes to require greater penalties for those caught driving drunk. Before the Prime Minister’s announcement, Polish drunk drivers would get almost exclusively fined or suspended sentences even for repeat offenders. The new reforms will see repeat offenders receive jail time. The leader also signaled that Polish officials will eventually consider making ignition breathalyzer mechanisms mandatory for every vehicle in Poland.
One specific incident in Poland became the posterchild for enforcing more severe standards and fines. In January of 2014, a drunk driver lost control of his vehicle and careened into a group of pedestrians. The driver killed six people including one child. This incident brought the issue to the forefront and the attention of the Polish people. Currently in Poland, the more severe punishments passed overwhelmingly back in 2015. As in Columbia, the more severe punishments and the stigmatization of drunk driving by the media and society-at-large has led to great improvement nationwide.

Interesting Tidbits from Other Nations

The examples of Columbia and Poland are very familiar to us in America. Media campaign and notable incidents raise awareness and stigmatize the act of inebriated driving. Then, legislation follows making punishments more severe. However, other countries have done things that might sound less familiar to us here. For example, Australia publishes the name of those drunk drivers who maim or kill people due to their negligence. This naming goes on for weeks and is meant to promote the shaming of those whose negligence results in maiming. Similar things have been done in the United States, particularly in Texas were public shaming has been used before to deter drunk driving.
Something that is completely foreign to us is the idea of punishing others, not involved in the incident. In Malaysia, when an individual is caught drunk driving their spouse can be in just as much trouble as the driver. The idea behind this law is that drunk driving is a crime that effects innocent people. Therefore, the law is justified in effecting an innocent person in connection to the individual who committed the crime. This is an extreme example, but drunk driving not only violates the law of man in Malaysia. The consumption of alcohol in-general is disallowed in Malaysia. Malaysia is an Islamic country and alcohol violates Sharia law. The consumption of alcohol is considered “haram” or against the teaching of Islam.
Turkey and Saudi Arabia also have more severe punishments for driving under the influence than the United States. In Turkey, drunk drivers can face big fines and serious jail time. They can also face periods of intense and intrusive monitoring and be forced to walk twenty miles home from the police station the night they were caught. Saudi Arabia does the same as Turkish police, but they add the potential for flogging. The government reserves the ability to flog people for getting caught drunk driving. These extra punishments are justified there because these offences also offend their religious laws and are thereby considered even more serious than they are here.

Takeaways

Although no silver bullets exist in combatting drunk driving, it seems the greatest lesson from international experience is that the most important thing is attention to the issue. Media campaigns are the real heroes of this issue. Fines and punishments are an important element to deter drunk driving, but media attention and educational programs are the crucial ingredient in limiting drunk driving rates. Some other nations widely differ in the way they punish drunk driving, but it seems that the vast majority of the world has come to a place where drunk driving is a recognized public safety issue. This might not seem like a big deal, but the recognition of drunk driving as something that needs to be condemned and regulated was not always a given.

Wednesday, March 28, 2018

A Brief History of Drunk Driving in America

Alcohol induced injuries have always been a part of society, but the introduction of the automobile has presented unique issues that require a high level of knowledge and experience to navigate.

Originally, automobiles were fairly unregulated. Few people owned cars and as such it was not a high priority to have them under the thumb of law enforcement. 

As cars became more prevalent, it became obvious regulation was essential. In the 1930s, waves of regulation hit the automobile industry and laws were enacted to control the use of an automobile by individuals. 

Indiana became the first state to pass drunk driving legislation. They instituted a maximum blood alcohol content (BAC) of .15% which doubles the BAC limit today

This was truly revolutionary as it was the first legislation that said individuals need to be beneath a certain level of drunkenness to operate their vehicle.

Drunk Driving In the News


Drunk driving was not the stuff of front page news, but two high profile incidents were exceptions. The first was the death of Margaret Mitchell, the writer of Gone with the Wind. She was killed crossing the street by a driver who admitted to having had been drinking. 

Although, this was never proven to the standard we require today, colloquially it is considered the most infamous death attributed to drunk driving in the first half of the twentieth century. 

Next, and perhaps even more infamously Teddy Kennedy drove off a bridge on Chappaquiddick Island. This resulted in the death of May Jo Kopechne who died in the submerged car. It is widely speculated that Ted Kennedy, an alcoholic at the time, was drunk while driving the car. 

These infamous incidents shed light on the problem of drunk driving in America, but respectively each incident failed to gather enough steam to necessitate change.

Legislation that Changed How Drunk Driving Was Viewed


In 1968, The Department of Transportation published a study that found nearly half of the recorded auto fatalities in the United States were in part of entirely due to alcohol impaired motorists. However, by the 1970’s drunk driving incidents continued to be out of control and had reached a level of widespread cultural acceptance. 

The 1980’s brought about remarkable changes. Cari Lightner, a young girl, was killed in California by a drunk driver. This driver had recently been arrested for causing the death of another due to drunk driving.

Formation of Mothers Against Drunk Driving


Lightner’s mother began the group that would become known as Mothers Against Drunk Driving (MADD). After a lifetime movie about the incident, public support for the organization grew tremendously. MADD changed the way people viewed drunk driving. 

Early on, many thought drunk driving was just one of those things that happened. It was not encouraged, but it was not given the contemptuous treatment it receives today. MADD’s aggressive campaigning lead to nearly 700 new drunk driving laws nationwide and was instrumental in stigmatizing drunk driving. 

MADD has also been partly attributed with raising the drinking age to 21 while before them it was 18. This was a major shift in American culture. Despite, how controversial the age-raising was it seemed to work as soon The United States Experienced a drop in drunk driving deaths. These sentiments have been proven over and over again by countless scientific studies conducted by the Center for Disease Control, National Academy of Sciences and even the Insurance Institute for Highway Safety.

Measuring Drunk Driving


So, clearly the situation is better today than it used it used be. This is in large part due to the trailblazing work of activities and receptive legislators, but perhaps no greater improvement to the drunk driving dilemma exists then the invention of the breathalyzer. 

This tool has changed the game and become a instrumental for any police officer looking to keep the roads free of drunk driving. Back in the 1920’s, Dr. Emil Bogen conducted a landmark study showing that drunkenness could be measured by determining what is now known as blood alcohol content (BAC). 

Dr. Bogen’s invention held sulphuric acid and potassium dichromate in a bladder-like mechanism. After an individual breathed into the apparatus, the shades of color that would result from the chemical reaction would indicate how much alcohol had been introduced into the bladder. 

The invention was groundbreaking, but not practical as it lacked mobility and ease of use. This lead to an arms race of inventors who knew that there would be a tremendous market for a portable measure of drunkenness. These attempts were plagued by missteps and even steps backwards. 

These devices were subject to wide-ranging criticism by many who believed them to be inaccurate. Even in the scientific community, false-positives became a flashpoint of controversy for makers and distributors of any such tests.

Breathalyzer in Use Today


It was at this moment; the breathalyzer became popularized. Robert F. Borkstein, a police photographer, became enamored with such tests and sought to perfect them. It took Borkstein approximately seventeen years to invent, but it immediately revolutionized the field. 

It was lightweight and portable. As such, it could be used by a police officer patrolling their beat or watching the highways. Additionally, it was light years ahead of its competition in terms of usability. Untrained police officers could use the device easily as it was quite simple to operate. 

The breathalyzer became used all over the country in many different police departments. However, this does not mean controversy around the device abated. There was great resistance to the device especially from lawyers who felt it was “push- button justice” and many other who felt that a police officer was a better judge than any machine at detecting drunkenness. 

The above-mentioned Department of Transportation study came along and greatly reinforced the need for law enforcement to be equipped to handle and deter drunk driving. Over the next two decades, the breathalyzer test has become synonymous with protecting pedestrians and fellow drivers by ensuring drunk driving has no refuge in the United States.

Today things have changed a lot


Drunk driving laws are strictly enforced by police and can result in some hefty fines or even jail in severe cases. Such laws are responsible for saving many lives and thus are a welcome addition to American rule of law. 

It is important for you to know what the laws are in your jurisdiction. Nobody is perfect and if you are charged with drunk driving you should know what to do. At the Law Offices of Randolph Rice, we know the history of drunk driving legislation and the important place it holds in our society. 

We want the laws to be tough, but fair. So if you find yourself having been charged with a drunk driving offense, when you hire us you get knowledge and experience.

Tuesday, May 10, 2011

Ravens' Kindle expected to plead guilty in Howard County DUI Case

Ravens' Kindle expected to plead guilty


Ravens linebacker Sergio Kindle is expected to plead guilty Tuesday to a drunk driving charge during a hearing in Howard County District Court.

Kindle, who missed what would have been his rookie season in 2010 after fracturing his skull when he fell down the steps at a friend's Texas home prior to training camp, was arrested shortly after 4 a.m. on Dec. 26 when police said they noticed Kindle's Cadillac driving erratically on Route 1 in Laurel.

According to charging documents, Kindle was clocked at 70 mph in a 55 mph zone, swerving between lanes and coming too close to cars in front of him. After his car was stopped at the entrance of Route 32, officers said they noticed that his eyes were glassy and his speech was slurred. Kindle said that he had "a couple of drinks" at a club in Washington, according to the documents.  Click to read more from the Baltimore Sun.

Howard County, MD
Drunk Driving Defense Attorney
410-288-2900


If you have been arrested or charged with DUI or DWI in Howard County, Maryland, contact our aggressive Howard County Drunk Driving Defense Attorney, G. Randolph Rice, Jr., at 410-288-2900.  His years of experience as a former Assistant State's Attorney and DUI/DWI Defense Attorney can go to work for you in Howard County District Court.


Drunk driving charges in Howard County are serious and can affect your life for years to come.  Make sure that you hire a Howard County DUI/DWI attorney that knows the law and can argue the best possible defense.  From bad field sobriety tests, inaccurate breath tests, and improper traffic stops, we can challenge the police statements and evidence for the best possible result in your Howard County Drunk Driving Case.


Call our office now and schedule a free consultation.  The Law Offices of G. Randolph Rice, Jr., LLC, has been chosen as Baltimore's Top Law Firm for three years in row by CitySpur.


Law Offices of G. Randolph Rice, Jr., LLC
A Maryland DUI and DWI Defense Firm


Main Office:
6914 Holabird Avenue, Suite A
Baltimore, Maryland 21222-1747


By Appointment:
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Towson, Maryland 21286