Archive for July, 2009

Drunk Driving: A Habitual Crime

Thursday, July 30th, 2009

A lot of people underestimate the dangers of drinking and driving. Some, like teenagers simply lack the maturity to make better choices while some, well, despite their age, lack the wisdom to do the right thing.

Take for example, Elizabeth Franck from Windsor who at her age of 46 years old, is still getting caught drunk driving.

According to the California Highway Patrol (CHP), Franck was arrested on suspicion of drunken driving after driving the wrong way on Highway 101 north of Santa Rosa. It was reported that Franck’s red Chevy Aveo was weaving across lanes, hit several construction cones and even bumped into the center divider.

Franck, after playing bump car, apparently got into more trouble when she took the Airport Boulevard off-ramp and got stuck. She ended up trying to drive northbound in the freeway’s southbound lanes.

Authorities also say that Franck has three prior DUI convictions in the last 10 years. She was driving on a suspended license and was on probation for a DUI offense. She was charged with felony drunken driving and booked into Sonoma County Jail with a $31,000 bail.

Drunk drivers are recidivists, meaning, they are people who are likely to commit the same offense over and over again because of habit. Franck is a classic example, despite having prior convictions and a suspended license, she still got behind the wheel intoxicated.

DUI is already illegal on its own but her act of driving on a suspended license is a crime.  According to Mothers Against Drunk Driving (MADD), 50 to 75 percent of drunk drivers whose licenses are suspended continue to drive.

As mentioned above, these drunk drivers, even after convictions and penalties imposed, continue to underestimate the effect of alcohol-impaired driving unless the results become tragic. Usually, it would take an accident resulting to grievous injury or wrongful death to open the eyes of a habitual drunk driver.

It was fortunate that Franck’s drunken ride did not result to injury or damage but the next time might not turn out half as well. Others, who also commit the same crime might get away now but then again, another drunk driving incident could set off a series of unfortunate events.

The Problem with Boats, Booze and Bad Boys

Wednesday, July 29th, 2009

A middle-aged problem child – is this another case of the poor little rich boy, err, man?

Robert Ray Huizenga, the troubled 47-year old son of the former owner of Miami Dolphins football team was arrested for boating under the influence (BUI) and probation violation in Fort Lauderdale this week.

According to the police, Huizenga was arrested in a boat after a reported burglary at a home in Fort Lauderdale. They alleged that he refused to take a BUI test even though he strongly smelled of alcohol and was slurring his speech.

Patrick Stewart, 44, a man he was reportedly with at the time of the incident was arrested for trespassing and drug possession.

Huizenga’s lawyer said that his client is pleading not guilty to the charges of BUI.

At his age (and given the fact that he already has records and is currently under probation), Robert Huizenga really should have known better than to get intoxicated. Alcohol isn’t called the devil’s brew for nothing and people under the influence could really do stupid and potentially dangerous things.

Fortunately, Huizenga didn’t manage to hurt anyone else except himself and well, maybe also his father’s wallet. Litigation would be a pain from this point on and he would need lawyers who can get him off the hook and that’s most likely going to take a lot of money in view of his record.

Aside from the fact that boating and driving under the influence of either alcohol or drugs is considered a crime by most states, in California, people are required by law to submit to a chemical test to determine the alcohol and/or drug content of their blood when requested to do so by a peace officer.

According to the California Department of Motor Vehicles, offenders 21 years of older at the time of arrest who refuse or fail to complete a blood or breath test, or (if applicable) a urine test will be penalized with:

•    1-year license suspension for the first offense.
•    A second offense within 10 years will result in a 2-year license revocation.
•    A third or subsequent offense within 10 years will result in a 3-year license revocation.

It’s such a shame that people sometimes think to get away from the consequences of their action and while it seems that the rich often get to go free, they end up paying more than they want. And sometimes, when enough is enough, all the money is the world will not buy them their freedom.

Luv N’ Care Gel-Filled Teething Rings Recalled

Thursday, July 23rd, 2009

How ironic that a manufacturer named Luv N’ Care would have to announce the recall of its gel-filled teething rings because the gel inside the rings would make babies sick.

The Food and Drug Administration announced that the Louisiana-based manufacturer has voluntarily recalled its products after the FDA found Bacillus Subtilis and Bacillus Circulans in the gel samples from the teethers.

Although there have been no reported illnesses, the bacteria in the teether can cause stomach pain, vomiting, diarrhea and more serious disease if ingested by infants and children with weakened immune systems.

These gel-filled teething rings are sold under brand names such as “Nuby”, “Playschool” and “Cottontails”.

Consumers are advised to immediately stop using them, they may also ask for a full refund at the place of purchase.

Fortunately, these products have been recalled and announced before any actual harm has been done.

However, if babies have been harmed as a result of the gel-filled rings, under product liability laws, a product liability claim may be instituted to compensate for damages.

However, in order to make a claim successful, there are certain elements that should be present in the case:

•    The consumer was injured or suffered losses

•    The product is defective.

•    The defect of the product caused your injury

•    The consumer was using the product as it was intended

For parents whose children are using the gel-filled teethers, it is best to throw them away or ask for a refund as soon as possible. It is actually much harder to tell if children are not feeling well as they could not express themselves well.

Sometimes, even the symptoms such as vomiting and diarrhea mentioned above can be brushed off by the parents themselves as harmless ordinary illnesses experienced by a young child.

But in case of injury or damage, parents whose child gets sick because of the bacteria from the gel-teething rings may opt to file a product liability case against the manufacturer.

The Danger of Driving While Intexticated

Friday, July 17th, 2009

NBC Los Angeles recently posted a video where texting while driving was put to the test. According to the video, law enforcement officers have a much harder time identifying drivers who text rather than drivers who talk on the phone.

The California Highway Patrol and San Jose police in that video say that texting while driving is extremely dangerous and it can only lead to accidents.

The stories of Amanda Martin, a 17-year old girl who died in a car accident because she was texting while driving on her way to school, and of the twenty-five people who died in a train when the operator texted, were both mentioned to emphasize the gravity of the problem.

Texting is more dangerous than talking on the phone because the driver’s eyes and attention is not on the road. The first driver who tried the exam, even at the speed of 10mph hit two cones while texting.

All the drivers hit cones and sent barely readable text messages. Most drivers spent more time looking at the phone than on the road. All drivers, including the reporter admitted to not being able both texting and driving well at the same time.

In the report, the officers even shared an amusing story of a man who used both hands to text and ended up driving with his knees, the police say that mixing texting and driving could cost the driver and other people their lives.

According to the Cellular Telecommunications and Internet Association, Over 600 billion text messages were sent in the United States in 2008. A lot of people think that texting while driving is harmless and that they could easily just snap their attention back to the road.

However, a lot of studies have shown that driver inattention is the leading factor in most crashes and near-crashes and texting definitely, is a dangerous distraction. The dangers of text messaging while driving is already associated to driving while under the influence of alcohol—clearly, both are extremely risky driver behavior.

Text messaging is now banned for all drivers in 14 states and the District of Columbia. But just like the addiction of drinking while driving, texting while driving has proven to be a habit that’s just as hard to break.

With nearly 40 percent of drivers aged 30 and below who admitted that send or read text messages while driving, texting is indeed the new alcohol and the new killer on the road.

Minor Driver and Passenger Face DUI Charges

Tuesday, July 14th, 2009

It never ceases to amaze how much trouble a teenager can get into, especially when it comes to cars.

Most recently on the news, two Santa Rosa teenagers were involved in a car crash after driving under the influence of alcohol and speeding on Hall Road. However, as it turns out, the driver isn’t the only one guilty. His minor female passenger had apparently, tried to wrestle the wheel away and caused the crash.

According to the California Highway Patrol, while the car was traveling at 70-80mph when it skidded off the road, hit an oak tree and overturned. The two suffered moderate injuries and were taken to Santa Rosa Memorial Hospital.

The 17-year-old male driver may be charged with DUI. The 17-year-old female passenger, was over the .08 percent BAC limit and was also arrested on suspicion of felony drunken driving causing injury.

The names of the teens involved in the crash will not be released as the driver may be arrested and the girl because she is a juvenile facing a criminal charge.

Underage drinking is inextricably linked to risky behavior, especially such as driving under the influence. While the legal age for drinking is 21, it is still a popular activity for America’s youth because it is relatively easy for minors to get their hands on alcoholic beverages.

According to the Department of Motor Vehicles, if teenagers are convicted of using alcohol or a controlled substance and if they are between the ages of 13 and 21, the court will tell DMV to suspend you for one year.

If the driver doesn’t have a license yet, the court tells DMV to make you wait a year longer before you can apply for a license. The driver can also be required to go to a DUI program. Any restriction, suspension, or probation will continue past the teen’s 18th birthday for its full term.

Other stronger actions can be taken if the driving record or the incident justifies them. In California, once the driving privilege has been suspended or revoked, one cannot drive in California with any license or permit.

Teenagers, when once they have the opportunity to drive should be in mind one very important advice: Don’t drink and drive. If they take that lesson to heart, they will be saving not just their lives but a good deal of trouble and inconvenience in the future.