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Penalties for Driving Under the Influence Conviction

"Conducir bajo la influencia" se define como operar un vehículo motorizado mientras deteriorada por alcohol, otras drogas o intoxicante compuestos y metanfetamina. Un conductor se considera legalmente a estar bajo la influencia si tiene una concentración de alcohol en la sangre (BAC) de.08 o más, ha utilizado cualquier sustancia ilegal o está deteriorada por la medicación. BAC de un conductor se basa en la proporción de alcohol en sangre o aliento. Sin embargo, un individuo con un BAC entre.05 y.08 puede ser condenado por DUI si evidencia adicional determina que el conductor estaba deteriorado.

Las penas por DUI es varían dependiendo de las circunstancias de la detención y condena. Estas circunstancias pueden incluir la edad del conductor, nivel de BAC del conductor, si el conductor estaba transportando a un niño menor de 16 años y si el conductor tiene convicciones DUI anteriores. Cualquier ofensa DUI resultando en cargos de felonía se clasifica como DUI agravado.

Primera condena

Si cometido con una BAC de 16 o más - además de las sanciones ni multas, multa obligatoria mínima de $500 y obligatorias mínima de 100 horas de servicio comunidad.Si cometido mientras transportaba a un niño menor de edad 16 - Además de multas, ni penal-ties posible pena de prisión de hasta 6 meses, multa obligatoria mínima de $1,000 y 25 días de comunidad servicio en un programa que beneficia a niños.Si es cometido mientras transportaba a un niño menor de edad 16 e involucrado en un accidente que resultó en daños corporales al niño (DUI agravado); Delito de clase 4 - además de cualquier otro criminal o administrativo sanciones, obligatorio multa de 2.500 dólares y 25 días de servicio comunitario en un programa que beneficia a niños.

Segunda condena

Si comprometido con una BAC de 16 o más - además de las sanciones ni multas, prisión obligatoria de 2 días y multa mínima obligatoria de $1,250.If cometieron mientras transportaba a un niño menor de 16 años de edad (DUI agravado); Delitos de clase 4.Si es cometido mientras transportaba a un niño menor de edad 16 e involucrado en un accidente que resultó en daños corporales al niño (DUI agravado); Delito grave de clase 2 - Además de cualquier otro criminal o administrativo sanciones, obligatorio multa de 5.000 dólares y 25 días de servicio comunitario en un programa que beneficia a niños.

Tercera condena (DUI agravado)

Si cometió con BAC de encarcelamiento obligatorio.16 o más - además de las demás sanciones penales o administrativas, de 90 días y mínimo obligatorio fino de $2,500.If cometidos mientras transportaba a un niño menores de 16 años - además de cualquier otro criminal o administrativo sanciones, obligatorio bien de 25.000 dólares y 25 días de servicio comunitario en un programa que beneficia a niños.

Cuarta condena (DUI agravado)

Si cometido con una BAC de 16 o más - además de las demás sanciones penales o administrativas, mínimo obligatorio fino de $5,000.If cometidos mientras transportaba a un niño menores de 16 años - además de cualquier otro criminal o administrativo sanciones, obligatorio bien de 25.000 dólares y 25 días de servicio comunitario en un programa que beneficia a niños.

Quinta condena (DUI agravado)

Condena por sexta o posterior (DUI agravado)

Multas de DUI menores de edad:

Conductores menores de 21 años enfrentan a la revocación de la licencia de conducir mínimo dos años para una primera condena DUI además de las sanciones que se aplican para los delincuentes de DUI mayores de 21 años. El delincuente no es elegible para un RDP hasta el segundo año del período de revocación. Un delincuente menor de 18 años en una suspensión Resumen legal no es elegible para un MDDP y puede ser objeto de educación correctiva o repetición de pruebas antes de la reinstalación de sus privilegios de conducir.

Una persona menores de 21 años condenada por DUI puede ordenarse por un juez, como una condición de libertad condicional o de descarga, para participar en el programa de visitas de la juvenil estado de embriaguez del conductor. El delincuente se someterá a una sesión de asesoría integral antes de la visita para determinar si el programa es apropiado. Si se aprueba, el delincuente puede enviarse en una visita a un lugar donde pueden verse los resultados de alcoholismo o DUI accidentes supervisada.

Abogado de DUI Omaha proporciona conducir borracho 24 horas Omaha DUI detención liberación ayuda y defensa. Llame las 24 horas 402-393-8080. Votar este artículo

Multas por conducir bajo la influencia ConvictionNot clasificación todavía

Jessica Robin ha publicado 4 artículos. Artículo enviado el 27 de agosto de 2013. Conde de la palabra: 743

Todo el mundo puede cometer un error de vez en cuando y para su primera conducción bajo los cargos de influencia es poco más que un peso muy bien y generalmente un período de prueba con servicio a la comunidad. Sin embargo, la segunda conducción bajo la carga de influencia puede ser una evento que cambia la vida.

Escrito por: Robart Alex

Una condena DUI es surgido de conducir bajo la influencia de acusación. Según las normas y reglamentos de cada estado de los Estados Unidos está prohibido a conducir con alcohol u otras sustancias intoxicantes.

Escrito por: Mirjan Z Stojanovic

Conducir bajo la influencia es ilegal en todos los Estados del país, y ser arrestado por manejar bajo la influencia puede devastar su vida. Además de tener su licencia revocada, podrías obtener una sentencia de cárcel y terminan siendo una multa de cientos o miles de dólares.

Escrito por: Tabitha Mwendo

Conducir ebrio es conocido por ser el delito más frecuentemente cometido en América. Es responsable del mayor que 40 por ciento de incidentes inducida por el alcohol que causan la muerte. Además, las cifras también han demostrado que los accidentes que fueron causados por la persona intoxicada al volante...

Escrito por: Brad Travers

Omaha DUI Lawyer, Nebraska Drunk Driving Defense Attorney

Defenses Made for DUI offenses by Attorneys

Generally you are able to tackle issues on your own and generally you wish specialists to deal with it. They need in-depth knowledge in dealing differing kinds of criminal cases. Criminal activities have increased significantly in modern world. Drunk driving is the crime of driving a motor vehicle with consuming lots and lots of alcohol in excess. It means not only alcohol but even consuming other drugs and driving it a criminal offense. Generally, it is may seems to be a minor offense, but in fact it's the most complicated criminal charges for the attorneys to fight in behalf of you.

Recently, law enforcement is cracking down on motor vehicle drivers who are suspected of driving under the influence of Alcohol or Drugs and also who do not pass their roadside test routinely. A field sobriety test or failed breath test constitutes serious evidence against the driver. In most of the jurisdictions, a measurement for Blood Alcohol Content (BAC) is taken when anyone is being arrested or charged for drunk under the influence of alcohol in excess. There is specific threshold level calculated for this criminal offence such as 0.05% or 0.08%defines intoxication. In most of the countries, if anyone who is caught or convicted for injuring or killing someone under the influence of drunk driving, those people are heavily fined and also put to sentence to death.

With the advent of a scientific test taken for Blood Alcohol Content (BAC), Law enforcement charges for the offense to strict liability based on driving while having more than a prescribed amount of blood alcohol. Using the Blood Alcohol Concentration Chart this simple test is conducted and measured in percentage of how much alcohol is been consumed. There are three categories for finding out the BAC. They are:

WHITE: .01% to .04%GRAY: .05% to .07%BLACK: .08% and up

Fines for Drunken Driving Offense:

The penalties and punishments may vary from state to state. All drunken driving offenses have maximum of jail sentence. But, for the first offenders it is only lesser punishments like Fines, driving license being cancelled, Mandatory attendance of AA meetings and driver's education classes etc. After this an "ignition interlock" device will be installed in the vehicle for the driver requires passing a Breath Test in order to start ignition. This is only for the first time offenders. If they have been found again for a drunken driving offense, the result is DUI conviction. For this Omaha state will impose higher sentences on the particular person. Habitual drinkers face more problems and severe action imposed on them.Underage Laws and Consequences as follows

Drinking and Driving: $300 -6 monthsPossessing, consuming, purchasing alcohol: $100 - $300 - 90 daysPossession of a false ID or altered driver's license: $100 - $300 - 90 days suspension

In Omaha, any driver with BAC, above .08 percent is measured "per se intoxicated" under the law. Because of this, it could be in your best to hire a DUI or DWI attorney's to help. There are many technical defenses available, where an attorney can assist you either in negotiating the charge filed or the reducing the consequences of the charge. The Bottom line of this story is if you're arrested for DUI (Driving under the influence law) or DWI cases hire the best DUI attorney's in your state so that the outcome of the case filed on you may not be very severe.

Common Defenses Rose against Drunken Driving Charges:

There are several common defenses which includes the following:

Incorrect Test Results: An attorney may argue on the charges filed against the drivers that the BAC test figures are incorrect and inadmissible. He argues as the police administration failed to provide the BAC reports properly or the testing device was not properly maintained by them.

Lack of Probable Cause: An attorney may argue on number of grounds for this particular case on the basis of the BAC test has not conducted, which resulted in illegal arrest.

Somebody Else Was Driving: An attorney may argue that somebody else was driving the motor vehicle instead the driver who is been charged for the offense. But this very difficult defense to be raised because the Public prosecution will be very on these grounds.

Rising BAC: An attorney may argue that the driver just consumed the alcohol or drug right before he drove the motor vehicle and that the alcohol contents has not been absorbed completely into the blood but the police has been charged case against the driver.

Omaha DUI Omaha DUI Lawyer providing drunk driving defense and 24-Hour Omaha DUI arrest release help. Call 24-hours 402-393-8080.

Points to Discuss With Your New Jersey Drunk Driving Attorney

DUI and DWI are serious charges that can walk with your whole life. When selecting an attorney to signify you in a New Jersey DUI situation, it's important to select a New Jersey attorney who is competent primarily in such cases. A professional NJ DUI attorney will make sure that your privileges are protected; he or she will be able to figure out methods to remove proof that may outcome in a termination of your DUI or DWI situation. You have been caught for drunk driving and have taken a wise step to seek the services of a New Jersey DUI lawyer to fight against the charges. But your lawyer is only as efficient and excellent as the details you offer him. To prepare a strong defense for your DUI situation your lawyer will need the following information:

Accident reconstruction and other incident reviews - if your DUI situation results in a car crash or accident, your lawyer will most likely seek advice from a car accident reconstructionist. This will offer understanding as to the contiguous circumstances, which may have been the contributory reason for your incident, rather than you're driving under the influence.

Your past driving record - your previous driving history may have a big impact on the result of your DUI case. If you have been charged with DUI convictions before also then a DUI indictment can also result in an addition of driving points, which in some situations can lead to a license revocation.

Officer's report before the final police report - your New Jersey driving under the influence lawyer will learn a lot about your arresting official by studying his prior police reports. This information will be important in planning a good protection.

What was the observation duration - in compliance with New Jersey drunk driving law, if you are not kept under observation by the cops for at least 20 minutes before asking to the breathing analyze, analyze outcomes could be omitted as proof.

Were you being compelled for other tests - Being compelled to give samples of either blood or urine or both can cause the results to be omitted as proof. By law, you can choose not to provide these samples to determine inebriation.

Your previous criminal offenses - if you were involved in any activity that was against the law or have you ever been charged for a traffic ticket can heavily impact your case.

All exculpatory evidence- that indicates the charged did not make the criminal activity he has been charged for or the statement from a witness who declares that he or she saw someone other than the accused make the criminal activity or that the accused was with the witness when the criminal activity happened.

When you look for the services of a New Jersey DUI lawyer, you should have firm faith that your lawyer will do their best either to reduce or to get dismissed all the charges against but in order to defend you , you will first need to discuss all the necessary details about your DUI police arrest with your DUI lawyer.

How Having A Driving Under The Influence Charge Will Affect Your Life?

Drunk driving is proven to be the most often committed crime in the United States. This makes up for greater than 40 percent of alcohol-related incidents which result in demise. In addition, statistics have also proven that mishaps that were brought on by the drunk individual driving kill a single person every minute and also hurts 1 every 2 minutes.

Apart from loss of lives, suffered injuries and physical damage to property, driving under the influence of alcoholic beverages additionally costs both the national and local governments within the United States more or less 51 billion each year. On the other hand, a person arrested for this offense can expect to spend approximately 4 to 5 thousand bucks on penalties, a DUI treatment plan, insurance increases, and impound charges. And that is even before you have obtained yourself a lawyer.

The actual legal outcomes involving drunk driving are usually influenced by the quantity of cases which such criminal offense has happened. However, more stringent measures have already been lately enforced even for those who are considered to be first timers.

Blood Alcohol Content tiers can be determined using a breathalyzer test. If a person is taken into custody for possibly an alcoholic or drug-related infringement, the arresting officer will probably request that he submits himself to testing.

Within New York and a few other states, the provisions categorized on the Implied Consent Law are generally observed. It declares that by simply driving a vehicle, an individual has already granted his permission to be tested. Failure or even refusal for this may result in the offender's license being seized on the spot.

Repeat offenders of drunk driving are likely to face penalties like required prison time of 12 to 48 months, having their own driver's licenses revoked for up to 90 days, and charges spanning from about one thousand to 5 thousand bucks.

The long-term outcomes of having driving under the influence conviction in your record are quite startling. Once you already have one, you may be obliged to reveal this in every future application that you submit. Whether or not it's pertaining to work or even financing, you must inform the particular entity you are applying of this fact.

A lot of employers out there tend to be pretty serious when it comes to drunk driving, so this will surely limit your options when hunting for gainful employment. What is more frustrating is that this situation also exists in federal government or state run businesses. Hence, if you're going to join the military or get a city service position, you may want to think about getting in the driver's seat while you are hammered.

Keep in mind it is never ever safe to drive once you've drunk alcoholic beverages or perhaps utilized drugs. Whilst not every single intoxicated or perhaps impaired driver may cause any sort of accident, all are nonetheless potentially dangerous. They present not just risk to themselves but more so people that they come in to contact with out on the street. Consequently, it usually is best to stay away from the liquor should you anticipate finding your self behind the wheel anytime.

Have you ever inquired the issue "when do I need to use an Omaha DUI attorney "? The writer of the post has a site that answers to this targeted question, plus much more. Visit the authors site right now if you're thinking about learning more about working with anOmaha DUI lawyer.

How Having A Driving Under The Influence Charge Will Affect Your Life?

Significant Things You Must Know About Reckless Driving

As with on other parts of the world, reckless driving is a serious offense in the UK. It has been the cause of too much deaths and misery. As why this occurred, a lot of people would point to distractions, alcohol, drugs, stress and personal problems.

The Effects - It has been mentioned that reckless driving is a main cause of death and injury. In fact, in the United Kingdom over 70% of all vehicular accidents were brought on by reckless driving in some manner.

People who caused these types of incidents are the ones who didn't obey or see traffic signs, or once they don't give way to other cars. These types of behavior on the road can lead to some dangerous driving conditions for other drivers.

Statistics shows that teenagers or those below the age of twenty, make up the cases for dangerous driving in Glasgow, UK. As an age group, teenagers are the ones that are most involved with traffic incidents. Since they are relatively inexperienced in handling a vehicle, and they drive with numerous passengers, they are specifically prone to reckless behavior when driving.

Another major problem and cause of dangerous driving is alcohol. Alcohol can reduce an individual's reaction time as well as his motor control abilities. That simply means an individual affected by alcohol will be unable to respond in time when there is emergency that could occur on the road.

Even a small amount of alcohol in your body can seriously impact an individual's ability to control an automobile effectively. This has caused a lot of vehicular accidents.

Lack Of Sleep - Another main cause is insufficient sleep. Whenever a person lacks sleep, his ability to respond and handle a vehicle is greatly impaired. So a sleepy person is currently putting himself as well as others at risk simply by taking on the wheel.

Miscellaneous causes of dangerous driving. The deficiency of proper training and knowledge, for instance, with regards to staying risk-free on the road can lead to serious consequences. Being affected by substances apart from alcohol can also affect a driver's capability.

Interruptions due to other people and tools are also a main factor with regards to reckless driving. That's the reason there is an ongoing campaign towards drivers using their mobile devices when they're driving on the road.

Dangerous driving can be prevented, if they know the reason and why it happened. In the event that occurs, then the number of vehicular incidents and the deaths and injuries resulting from those would be greatly reduced. It is also important that one should understand how to prevent dangerous driving.

An essential part is played by educating people, particularly teenagers of the importance of driving safely and securely. Also those who are in the practice of drinking and driving need to understand that those two actions simply do not go together. Becoming responsible is the start of being risk-free when on the road.

Reckless Driving Accidents

For some people, driving is one of the most dangerous activities. Did you know that the leading cause of death for people under 35 are car accidents? Because United kingdom encourages the use of cars, many people are socialized to take cars without doubt. You can seldom see people who are afraid to ride in a car. Although this nonchalant attitude might be difficult to transform into concern-it is achievable to adjust driver behavior.

Careless Driving

Reckless driving can be defined as one of the many driving behaviors which violate traffic laws and is a danger to other's safety. Examples of such behavior consist of:

Over-speeding is one of the most common violations in UK. In our hectic society, lots of people do not think twice before pressing the pedal to the floor and accelerating over 80 miles-per-hour. Regrettably, driving at higher speeds raise one's risk of accident, because it narrows your reaction period window. Additionally, incidents which occur at high speeds will probably cause serious injury or death.

Beating the red light and stop signs - beating the rush hour by accelerating through yellow warning signal instead of slowing down. Irrespective of the intent or motive, running a red light is very dangerous, as directions of other moving traffic has the right-of-way. Accidents caused by this behavior are typically t-bone accidents, that can cause rollovers.

Weaving in or out of traffic -Many carefree and young motorists think it's fun to weave in and out of traffic, particularly on roadways. While this might get your adrenaline rushing, it is not safe for you or any other drivers surrounding you. Any minor error that you can create, or an unpredicted behavior by another driver, can result in a disastrous incident.

Tail gaiting - the practice of driving too close in which drivers experience adrenaline rush on when to hit the brakes. If the driver before you must brake instantly, tailgaters are in an elevated risk for rear end reckless driving accidents. The authorities suggests that cars leave a 3 second window between their car and the vehicle in front of them.

Race - Usually, only young motorists engage in drag racing. For a range of reasons, racing is dangerous. High rates of speed, close proximities, and unpredictable surroundings can cause a serious incident to occur.

Should you be involved with a reckless driving accident, you don't need to pay anything from car repair, medical bills and other associated costs such as lost wages.

Careless Driving is another common form of prosecution in respect of "bad driving". This can be dealt with in all types of court. Solicitor for careless driving Scotland .

Common Driving Offences

Common Driving Offences

With recent news that Manchester City striker Carlos Tevez has avoided jail for driving while disqualified and without insurance, it seems like a good time to investigate the most common driving offences within the UK

A recent report conducted 'Which? Research', has indicated that almost 25% of UK motorists have a driving conviction. But what do people get convicted for?

The overall number of driving convictions is falling, but the following offences still remain all too common.

Speeding

The most common offence - accounting for almost 70% of all convictions - is unsurprisingly speeding and speed related offences. Generally speaking, speeding related offences carry between 3 and 6 penalty points, although, depending on the severity, it can warrant more points or an instant qualification.

Speeding prosecutions have risen considerably over the past years, since the widespread introduction of speed cameras. Mobile radar devices have also become more prominent in recent years.

Careless, Reckless and Unfit Driving

Sometimes referred to driving without due care. The definition of careless driving is when the accused's driving falls below the standard expected of a reasonable, competent and prudent driver.

There are a number of offences that can amount to driving without due care, including - but not limited to - the following:

Overtaking on the inside

Driving through a red light

Talking on a mobile phone while driving

Emerging from a side road into the path of another vehicle

Tuning a radio

The punishment to expect from such a conviction can also vary widely - depending on the severity of the incident in question. The maximum monetary fine is 2,500. Penalty points are mandatory, the amount can vary from 3 - 9. In severe cases, disqualification is possible and is down to the judge's discretion.

Careless driving accounts for 12% of total driving convictions, making it the second most common offence.

Drink or Drug related offences

This section covers the charges 'Driving with excess alcohol' and 'Driving while unfit through drink or drugs'. These are very similar offences with very similar sentencing guidelines. The key difference between the two is that in order to charge the accused with the former, the police must obtain proof that the defendant's alcohol level was over the legal limit. This can be done via breath, blood or urine testing.

Drink driving convictions are very circumstantial and as such, the sentencing can vary greatly depending on the severity. Unless there are exceptional circumstances, the court has no choice but to impose a driving ban for drink related offences, this can range anywhere from 12 to 36 months, depending on the severity of the charge. It is worth noting that for all bans over 12 months (first offence only), the defendant has the option of a 25% reduction in exchange for attending a drink driving course at their own expense.

The maximum financial fine is 5000.

In serious cases, the court is also likely to consider either community service or a custodial sentence.

It's worth noting that for more severe alcohol and drug related offences such as causing death by careless driving under the influence of drink or drugs carry a sentence of up to 14 years in prison, an unlimited fine and an obligatory 2-year driving ban.

Motoring convictions related to drink or drugs make up 4.3% of the UK total.

Totting up

Totting up refers to the accumulation of penalty points and the subsequent driving ban.

If a driver accumulates 12 penalty points within a 3-year period, then the court imposes a 6-month driving ban. Although the ban is often thought of as mandatory, the court does have discretion. If a case of exceptional hardship is presented, the court may opt against a ban, although this is rare.

As well as the totting up rule, new drivers have their license revoked if they accumulate 6 points in their first two years of driving. In exceptional circumstances, this could lead to a driver having a ban due to totting up and then having to take their test again at the end of the ban.

Failure to report an accident/failure to stop after an accident

This offence is more common than you might think, this is partly down to the fact that the law covers a wider range of incidents than you might expect. In line with this breadth, the consequences also vary greatly dependant on (you guessed it) the severity of the case.

This offence can range from an accidental dink to another car while parking right the way down to failure to stop after hitting a pedestrian, or hit and run. Cases become particularly serious if personal injury is involved.

In minor incidents where the defendant can prove that they are unaware of any incident or damage occurring, cases often end in acquittal. On the other end of the scale, major incidents can end result in 10 penalty points and a custodial sentence.

The above is a brief outline of some of the more common motoring offences. This text isn't intended as legal advice; therefore, it shouldn't be taken as such. If you are affected by any of the above or feel that you have been wronged you contact a solicitor.

Davenport Lyons is an experienced firm of motoring solicitors. They have a huge amount of experience dealing with a range of motoring and driving offences . Please consult their website for any additional information or contact details.

Drunk Driving Behavior and Dealing with DUI Penalties

For many offenders, drunk driving is a habitual problem. Not only has the average drunk driver driven drunk 80 times before a first arrest, according to the Center for Disease Control, but the Transportation Research Board reports that 50 to 75 percent of convicted drunk drivers continue to drive on a suspended license. It's also true that kids who start drinking young are seven times more likely to be in an alcohol-related crash.

The fact that drunk driving is a recurring behavior and the fact that someone dies from a drunk-driving accident, on average, every 53 minutes, helps explain the stiff penalties associated with this crime. A slap on the wrist simply isn't a sufficient deterrent for the majority of DUI offenders. But whether you're trying to turn your life around or simply minimize the effects of a DUI charge, it's important to understand the potential penalties and consequences and work to address them as soon as possible.

DUI Penalties

Between fines, bail money, court costs, attorney fees, insurance, alcohol education classes, drivers license reinstatement fees, and other penalties, a first DUI offense might cost somewhere between $5,000 and $25,000. And this assumes there are no injuries or property damage as a result of the drunk driving. One of the first things to do to determine how much the process will cost and to possibly mitigate some of these costs is to apply for a court-appointed attorney. Many states will pay for attorney services for those who lack financial means.

The worst thing you can do is avoid the issue. Many people who are charged with a DUI can retain their driver's license, at least temporarily, under an appeals process. To make preparations for going without a license and to avoid driving with a suspended license, filing this appeal is an important step, but there is often a short window of opportunity to file this appeal. Often, an attorney can take care of this appeal for you, so again it's wise to seek out legal counsel as soon as possible.

Cost/Benefit Analysis

Needless to say, many people depend on their vehicle to get to work. For this reason, the court may grant a DUI offender limited driving privileges to maintain gainful employment. Even still, there are additional costs associated with maintaining limited driving privileges. To save on indirect DUI penalties, it may be a good idea to evaluate whether there are alternate ways to get to work, or even a different job altogether.

Indeed, individual circumstances can lead certain DUI penalties to hit some offenders harder than others. Most convictions come with a probationary period in which it may be necessary to jump through additional hoops. It may also limit your ability to leave the state-a huge problem for some people and a non-issue for others. Some people even opt to serve jail time to avoid the prolonged hassles associated with probation. This is yet another reason to find legal representation early on in the process. By understanding all your legal options and potential penalties, you can pursue a path that maximizes your ability to prepare for these costs and avoid others altogether.

Virginia Law Makes Distracted Driving a Primary Offense

A new bill has been passed in the state of Virginia increasing the penalty for text messaging and driving, making it a primary offense, marking the country's latest attempt to curb distracted driving. Throughout the month of April, which has been set aside as Distracted Driving Awareness Month, law makers and enforcement agencies have been hard at work targeting drivers who fiddle with their cell phones while driving, passing new legislation and stepping up enforcement on the road, as driving while distracted has quickly become one of the most common causes for fatal car accidents.

Virginia's newly passed legislation, now set to go before the governor for signing, establishing the bill as law, will significantly raise the penalty for drivers caught on their phones behind the wheel, from just $20 for a first offense to $125, and $250 for every subsequent offense. Though the initially proposed bill asked for fines twice as high ($250 for first offense, $500 for additional offenses), raising the behavior to a primary offense brings distracted driving into the same realm as impaired driving. Senator George Baker, who introduced the bill, says he is pleased with its passing, as he has been trying to introduce such a law for years. I'm very pleased, because this is an extraordinarily dangerous activity. The accident rate is 23 times the rate for people that are texting compared to people that aren't, which is a phenomenal differential. It clearly will save lives."

Though text messaging has represented much of the scourge of distracted driving, the law will also punish other actions, says Delegate Scott Surovell. "You can be convicted not only if you are texting, but also if you are reading a text message, if you are sending an email of if you are reading an email."

Some other potential distractions were not addressed by the bill however, such as messaging through voice-controlled systems, or using GPS apps on a smartphone, though Barker believes any gaps in the bill can easily be filled. "Depending on how things work, there may need to be some tweaks in the future. I think what we've gone is adopted a very clear policy here, and if we need to fix the language to clarify that, we can obviously do that in the future."

With the law set to be in place, it is hoped that a stiffer financial penalty will finally send the message to drivers who have proven unwilling to set aside their phones while driving. In a number of studies conducted across the country, a large majority of motorists acknowledge the dangers of using a cell phone while driving, though many choose to do so anyway. The threat of danger has clearly not done enough to influence drivers; instituting more severe fines is likely to make a more significant impact. As the law is implemented, law makers will monitor the impact closely; if distracted driving begins to make a significant downward trend, it is likely that similar fines will be instituted in more states throughout the country.

If you've been hurt in an accident, we at AA Accident Attorneys can help. We can provide you will experienced legal assistance throughout the state of California, and have a personal injury lawyer to repsent you today!