Posts Tagged ‘Laws’

Driving laws in california

Saturday, June 16th, 2012
Driving laws in california

General Information

Right-of-way rules, together with courtesy and common sense, help to promote traffic safety. It is important to respect the right-of-way of others, especially pedestrians, motorcycle riders, and bicycle riders. Never assume other drivers will give you the right-of-way. Yield your right-of-way when it helps to prevent collisions.

Respecting the right-of-way of others is not limited to situations such as yielding to pedestrians in crosswalks, or watching carefully to ensure the right-of-way of bicyclists and motorcyclists. Motorists must respect the right-of-way of others by not violating traffic laws, such as failing to stop at a stop sign or traffic light, speeding, making unsafe lane changes, or illegal turns. Statistics show that right-of-way violations cause a high percentage of injury collisions in California.

Pedestrians

Pedestrian safety is a serious issue. A pedestrian is a person on foot or who uses a conveyance such as roller skates, skateboard, etc., other than a bicycle. A pedestrian can also be a person with a disability using a tricycle, quadricycle, or wheelchair for transportation.

In California, pedestrian deaths occur in approximately 19 percent of all traffic fatalities. Drive cautiously when pedestrians are near because they may suddenly cross your path.

Pedestrians may be at risk walking near hybrid and electric vehicles because these vehicles are virtually silent while operating. Use extra caution when driving near pedestrians.

  • Respect the right-of-way of pedestrians. Always stop for any pedestrian crossing at corners or other crosswalks, even if the crosswalk is in the middle of the block, at corners with or without traffic lights, whether or not the crosswalks are marked by painted lines.
  • Do not pass a vehicle that has stopped at a crosswalk. A pedestrian you cannot see may be crossing the street. Stop, then proceed when all pedestrians have crossed the street.
  • Do not drive on a sidewalk, except to cross it to enter or exit a driveway or alley. When crossing, yield to all pedestrians.
  • Do not stop in a crosswalk. You will place pedestrians in danger.
  • Remember, if a pedestrian makes eye contact with you, he or she is ready to cross the street. Yield to the pedestrian.
  • Allow older pedestrians, disabled pedestrians and pedestrians with young children sufficient time to cross the street.

Important: Blind pedestrians rely on the sound of your vehicle to become aware of your vehicle’s presence; so, it is important that you stop your vehicle within 5 feet of the crosswalk. Driv-ers of hybrid or electric vehicles must remain especially aware that the lack of engine noise may cause a blind pedestrian to assume there is not a vehicle nearby. Follow this cue:

Crosswalks

A crosswalk is the part of the roadway set aside for pedestrian traffic. Most intersections have a pedestrian crosswalk whether or not lines are painted on the street. Most crosswalks are located at corners, but they can also be located in the middle of the block. Before turning a corner, watch for people about to cross the street.Pedestrians have the right-of-way in marked or unmarked crosswalks.

Crosswalks are often marked with white lines. Yellow crosswalk lines may be painted at school crossings. Most often, crosswalks in residential areas are not marked.

Some crosswalks have flashing lights to warn you that pedestrians may be crossing. Look for pedestrians and be prepared to stop, whether or not the lights are flashing.

Multiple and single lane traffic roundabout

Intersections

An intersection is any place where one line of roadway meets another roadway. Intersections include cross streets, side streets, alleys, freeway entrances, and any other location where vehicles traveling on different highways or roads join each other.

Driving through an intersection is one of the most complex traffic situations motorists encounter. Intersection collisions account for more than 45 percent of all reported crashes and 21 percent of fatalities according to the Federal Highway Administration.

  • At intersections without “STOP” or “YIELD” signs, slow down and be ready to stop. Yield to traffic and pedestrians already in the intersection or just entering the intersection. Also, yield to the vehicle or bicycle that arrives first, or to the vehicle or bicycle on your right if it reaches the intersection at the same time as you.
  • At “T” intersections without “STOP” or “YIELD” signs, yield to traffic and pedestrians on the through road. They have the right-of-way.
  • When you turn left, give the rightof- way to all vehicles approaching that are close enough to be dangerous. Also, look for motorcyclists, bicyclists, and pedestrians.

    Safety suggestion: While waiting to turn left, keep your wheels pointed straight ahead until it is safe to start your turn. If your wheels are pointed to the left, and a vehicle hits you from behind, you could be pushed into oncoming traffic.

  • When you turn right, be sure to check for pedestrians crossing the street and bicyclists coming up behind you on the right.
  • On divided highways or highways with several lanes, watch for ve-hicles coming in any lane you cross. Turn either left or right only when it is safe.
  • When there are “STOP” signs at all corners, stop first then follow the rules listed above.
  • If you have parked off the road or are leaving a parking lot, etc., yield to traffic before reentering the road.

Roundabouts

A roundabout is an intersection where traffic travels around a central island in a counter-clockwise direction. Vehicles entering or exiting the roundabout must yield to all traffic including pedestrians.

When you approach a roundabout:

  • Slow down as you approach the roundabout.
  • Yield to pedestrians and bicyclists crossing the roadway.
  • Watch for signs and/or pavement markings that guide you or prohibit certain movements.
  • Enter the roundabout when there is a big enough gap in traffic.
  • Drive in a counter-clockwise direction. Do not stop or pass other vehicles.
  • Use your turn signals when you change lanes or exit the roundabout.
  • If you miss your exit, continue around until you return to your exit.

Source - http://www.dmv.ca.gov/pubs/hdbk/right_of_way.htm

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Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help

Drunk driver laws california

Sunday, May 13th, 2012

Drunk driver laws california

DUI Answers, Arguments, and Tips

The enormous complexity of California drunk driving law has created meaningful opportunities for the educated and painful traps for the unwary. Wise guidance is essential.

The best source of DUI wisdom has been written by Paul Burglin , Barry Simons , and Ed Kuwatch. Their 1,148-pageCalifornia Drunk Driving Law is chock-full of:

  • Creative defenses. Hundreds of decision-based arguments, generated by Mr. Burglin, Mr. Simons, and Mr. Kuwatch in their decades of creative DUI practice and collected from successful DUI practitioners statewide, bring real leverage to your plea bargaining, trials, and DMV proceedings.

  • Heavily supported motions. Crafted, tested, and polished by top DUI lawyers, these practice-proven documents will materially raise the level of your advocacy. All of the book’s 63 forms are provided both in print and on the free full-text CD, and are easily accessed and modified with either Word or WordPerfect.

  • Answers and solutions. 95% of the questions that arise in day-to-day DUI practice are addressed inCalifornia Drunk Driving Law. References to other sources are provided for the other 5%.

  • Authoritative interpretation of the law. 1,700 cases and every relevant statute and regulation are analyzed and cited.

Learn what to say to your client when:

  • He asks, “What is the punishment for drunk driving?”

  • Your client calls because his driver’s license was taken at the time of arrest.

  • The client refused a chemical test.

  • The city or county sent your client a bill for “arrest services.”

  • Your client is worried about losing his job.

  • The conviction occurred long ago, but now the DMV won’t issue a driver’s license.

  • The car was impounded.

  • Your client is worried about the future cost of insurance if he is convicted.

  • You want to assure your client of your knowledge and expertise.

Valuable Tips

Pretrial

  • How to deal with threats to punish the defendant for insisting on a trial. §356.4

  • How to remind the prosecution of the police’s potential civil liability for failure to turn over material evidence. §552.2

  • Why you may not want to enter a general time waiver when setting trial for a defendant not in custody, but merely consent to a date certain. §311.2

  • How to avoid half-day trials. §311.8

  • How to counter a discovery denial based on copyright infringement. §5:72

  • How to overcome Lively’s “could have been arrested for public intoxication” theory when the arrest is for attempted drunk driving. §7:17

  • How to persuade a hospital not to disclose blood test results obtained during treatment, with model letter. §9:25

Trial

  • Four techniques for defending against the breath-based per se charge. §9:47.5

  • Suppressing Preliminary Alcohol Screening (P.A.S.) test results at trial. §9:48.3

  • Impeaching a cop’s expert opinion on impairment by showing that the Federal NHTSA-recommended methods were not used. §9:50.4

  • Proving a cop’s method of administering the Horizontal Gaze Nystagmus test is not generally accepted. §9:50.5

  • How to block prosecution experts from testifying in low BAC cases that the defendant was mentally impaired even though he or she showed no signs of physical impairment. §1:11.10

  • When to admit a prior conviction sentence enhancement allegation. §9:72.3

Punishment

  • How to circumvent the court’s lack of authority to grant a second offender work/DUI Program restricted license. §10:25.3

  • Obtaining an ignition interlock restricted license prior to the end of the full suspension or revocation period. §10:54.9

  • How to convince collection agencies to drop claims for emergency response costs. §10:121

  • Many attorneys mistakenly think the DMV is requiring completion of a DUI Program prior to reinstatement of full driving privileges after a wet reckless conviction. §3:59.1

Radar and Speed Defenses

  • How and when to assert jurisdictional speed trap defects. §2:13.1

  • What to discover when airplanes or helicopters are used for speed enforcement. §2:14

  • How to challenge radar-based speed trap violations of prima facie speed limits. §2:15.4

DMV Proceedings

  • How to block DMV hearing continuances without good cause, with 8-page motion. §11:39.3

  • What to do when the DMV takes additional evidence in violation of Vehicle Code provisions. §11:49.1

  • Why you should always discover form DS 393, and how to use it to block admission of police-drafted documents, with pattern discovery request. §11:63.4

For answers to all your client’s and your questions, turn to California Drunk Driving Law. This two-volume book and CD provide the most complete coverage of state DUI practice available.

Updated twice-annually. ISBN 0-9703501-3-9 Book price: 9.00



Reader Comments

I have used California Drunk Driving Law not only for DUI cases but in homicide cases, search and seizure cases, and non-alcohol related traffic offenses. CDDL is a necessary book to anyone practicing criminal law – even if you don’t get a lot of criminal cases.
William M. Thornbury
Office of the Public Defender
Los Angeles

“In more than 30 years of DUI practice, I have found no more comprehensive, current or entertaining book on California DUI law. Simply the most comprehensive, up to date treatment of California DUI law ever written.”
J. Thomas Sherrod
Fremont


Visit tohttp://duilawdrivinglawyer.blogspot.com/

Source – jamespublishing.com/books/cddl.htm

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California Counties
Alameda County Marin County San Luis Obispo County
Alpine County Mariposa County San Mateo County
Amador County Mendocino County Santa Barbara County
Butte County Merced County Santa Clara County
Calaveras County Modoc County Santa Cruz County
Colusa County Mono County Shasta County
Contra Costa County Monterey County Sierra County
Del Norte County Napa County Siskiyou County
El Dorado County Nevada County Solano County
Fresno County Orange County Sonoma County
Glenn County Placer County Stanislaus County
Humboldt County Plumas County Sutter County
Imperial County Riverside County Tehama County
Inyo County Sacramento County Trinity County
Kern County San Benito County Tulare County
Kings County San Bernardino County Tuolumne County
Lake County San Diego County Ventura County
Lassen County San Francisco County Yolo County
Los Angeles County San Joaquin County Yuba County
Madera County

Drunk Driving Lawyer – DUI Lawyers DWI Attorneys help

Would Florida Booster Laws Help Prevent Injuries in Aventura Car Accidents?

Saturday, January 28th, 2012

Currently, Florida is one of only three states with no booster seat laws. Most other states have legislation in place making it mandatory for parents to place children over the age of four in booster seats. California has one of the toughest laws, requiring children over the age of four to use booster seats until they are 4 feet 9 inches high or until they are eight years old (whichever comes first). The car club AAA and legislators have been pressuring Florida to pass a booster seat law, arguing that such legislation would help prevent injuries to children involved in car accidents.

The idea behind age-appropriate safety restraints is based on the premise that car safety systems – including car seat belts and air bags – are designed for adults. In fact, these same safety systems, which can help prevent an Aventura brain injury for an adult victim of a car accident, can be life-threatening to children. Since children are smaller, air bags that deflate in an accident can easily suffocate them or cause head injuries. In an Aventura car accident, seat belts can cut into a child’s neck and cause serious injuries. That is why age-appropriate safety restraints are needed.

However, the laws surrounding child safety restraints can be confusing. Small babies are placed in rear-facing infant car seat. Eventually, a child is graduated to a harnessed rear-facing seat and then to a forward-facing seat. However, when children should move from one restraint system to another is not entirely clear. Car seats are based on height, weight, and the age of a child. Since children grow at very varied rates, a child may exceed the weight measurements for a safety seat but still meet the age and height requirements for a different seat. This can be quite confusing to parents trying to make the safest choice for their children.

Most experts agree that children at some point should be placed in a booster seat. This is a cushion that elevates the child so that airbags and seatbelts cannot harm the child in the event of an accident. Some booster seats also come with backrests and armrests. All models are strapped into the car with the car’s seat belt. However, there is a wide range of disagreement about how long a child should be placed in a booster seat. Georgia has a law requiring all children between the ages of four and eight to be placed in a booster seat while in a car. Some experts, however, argue that children do not fit correctly and safely into an adult seat belt until they are ten or even twelve years old.

An adult seat belt that fits correctly goes across the thighs. If a seatbelt cuts across the stomach, as it does on many children, and the car is involved in an Aventura car accident, the belt can cause internal injuries. The upper part of the seat belt should be positioned across cross the center of the wearer’s chest. For smaller adults and children, the seat belt cuts across the neck, potentially causing life-threatening injuries if the car is in an Aventura traffic accident. A booster seat raises a child so that the seat belt is positioned safely. Models with head rests and back rests also cushion the head and protect it in an accident. According to SafetyBeltSafe USA, correct booster seat use for a child who does not fit correctly into a seat with a seatbelt can help reduce childhood Aventura personal injuries by as much as 45 percent in the event of an accident.


Florida Car Accident Lawyer Blog

why do political ads not have to abide by truth in advertising laws?

Wednesday, September 7th, 2011

So many of the ads for one candidate or the other that I am seeing , simply are not truthful. When I research their claims, I find the ad is knowingly lying. Why are they not prosecuted under truth in advertising? Freedom of speech doesn’t mean you can lie.

You are correct. Political ads do not need to be truthful. They are exempt from truth-in-advertising laws. The reason is simple: political speech, unlike commerce, is protected by the First Amendment.

Here’s just one of many articles on the subject: http://www.time.com/time/politics/article/0,8599,1843796,00.html


Political Campaign Advertising

Are No-Fault Laws Causing Staged Florida Car Accidents?

Thursday, June 30th, 2011

Twelve states, including Florida, have no-fault car insurance laws, which allow victims of car accidents to recover damages for car accident quickly through their own insurance companies. In exchange, claims are processed quickly but victims can only sue for suffering and pain in cases of severe accidents. These laws were created to ensure that victims – especially those without medical insurance – could recover money quickly. However, some experts claim that the laws are now broken and are contributing to insurance fraud.

In Florida, drivers must have car insurance to drive and this includes personal injury protection (PIP) coverage. This insurance covers the medical costs of the car’s drivers and passengers up to 000. According to the Consumer Federation of the Southeast, however, this coverage has created some unintended effects, so that Florida is now the nation’s leader in staged car accidents.

According to Walter Dartland of the Consumer Federation of the Southeast, the laws have allowed criminals to steal billions of dollars through staged Florida pedestrian accidents and car accidents – by claiming up to 000 at a time. The problem is so bad that experts claim organized crime is involved, sometimes going so far as to smuggle people into the US to take part in staged Florida car accidents.

According to the National Insurance Crime Bureau in Florida, the problem is not so much the law itself as the fact that the system gives people access to money – and anytime there is a possibility of attaining money, there will be a certain element interested in taking advantage of that. Another problem is that it is relatively easy to open a medical clinic in Florida. This allows criminals to work with unscrupulous medical professionals in order to stage Florida car accidents. According to investigators, some of the clinics opened for this purpose provide no medical help at all, but only bill insurance companies.

Florida law requires insurance carriers to pay victims within 30 days of a claim being filed. If insurers fail to pay, healthcare professionals and victims can start legal action against the insurer. In 2010, 2779 suspicious claims in Florida were forwarded to the National Insurance Crime Bureau by insurance companies. This represents a 119% jump in such suspicious cases between 2008 and 2010.

The effects of such fraud are serious. Insurance fraud costs Florida about billion a year and increases the insurance costs for all drivers. In fact, the average family with two cars will pay 0 more annually to cover the losses the insurance industry loses to fraud. There are other, more serious, consequences as well. Even staged Florida car accidents can and do lead to real injuries. When someone stages an accident, they sometimes rear-end other cars or intentionally cause a small accident. Such accidents can still lead to serious brain injuries, whiplash, and other problems for victims. As well, insurance fraud casts doubt on everyone, including real victims of car accidents. Many Florida car accident victims with legitimate injuries find that they have a hard time convincing insurers of their injuries, simply because insurers now look at Florida claims with some built-in suspicion.


Florida Car Accident Lawyer Blog

North Carolina General Assembly stiffens DWI laws

Saturday, June 18th, 2011

The North Carolina House passed a bill known as “Laura’s Law” Thursday on a 114-1 vote. The measure now heads to Governor Bev Purdue’s office. The measure creates a new level of North Carolina DWI offenses, one that is related to repeat offenders and DWI offenses with multiple aggravating factors. The measure includes provisions for longer sentences, higher fines and court costs for people convicted of repeat DWI offenses or DWI offenses with other aggravating factors.

The measure makes a 12 to 36 month prison sentence mandatory for people convicted of driving while impaired when multiple aggravating factors are also present and proven. The measure also increases the maximum fines available to the court in sentencing. Laura’s Law raises the potential maximum fine to ,000. Court costs are also raised 0 in the bill.

The law provides stiffer penalties for North Carolina DWI offenses associated with aggravating factors. Aggravating factors include allegations a DWI offense while driving without a valid license, causing a serious injury in a DWI accident and a DWI while driving with a person under the age of 16 in the vehicle.

The law allows jail credit for time spent in in-patient alcohol-treatment facilities. The prison sentence would include a period of supervised release during the final four months of the sentence. The supervised release would be accompanied by continuous alcohol monitoring.

The measure passed the General Assembly and is on its way to the Governor’s desk. Governor Bev Purdue is expected to sign the tougher DWI measure into law.

Source: The Times News, “Laura’s Law headed to governor’s desk,” 16 Jun 2011

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

Groups Want DUI Laws Changed to Prevent Florida Drunk Driving Accidents

Monday, March 28th, 2011

Under current state laws, drivers who may be responsible for fatal Floirda car accidents do not always needed to be tested for drugs and alcohol. Some groups want to see those laws changed, claiming that legislation changes can help prevent Florida drunk driving accidents.

Under current laws, police need to have a reasonable suspicion or a probable cause to believe that a driver in a fatal car accident is drunk or using drugs before administering a drug or alcohol test. In other states, drivers who cause fatal accidents are required to submit to a blood test to determine whether alcohol or drugs were a factor in the crash. Currently, this is not the case in Florida.

According to some experts, this legislative environment can mean that drunk drivers are released early, to re-offend. For example, if a driver causes a Florida truck accident and is not tested for drugs and alcohol but is driving impaired, that driver will likely receive a lighter sentence than they would have received if it was known that they were driving impaired. This means that they will be free to re-offend sooner. Without a law requiring all drivers causing car accidents to be tested, there is simply no way to know how many car accidents are truly related to impairment.

Groups and families who have lost loved ones to Florida car accidents have been working to get laws passed which would allow all surviving drivers in fatal car accidents to be tested for drugs and alcohol. There are petitions to change the law as well as media attention on the topic. However, so far there has been little push to change the law.

Groups have been pushing to change the Florida law since 2006, but they claim that some groups, including defense attorneys, have objected to the regulation change. Some defense attorneys feel that any such law would be excessively intrusive and would be unconstitutional. They also note that currently drivers have the option to take a blood test, although drivers have to pay for this test themselves and the test is completely mandatory.

Florida Car Accident Lawyer Blog

Task Force Seeks Stricter Enforcement of Underage Alcohol Laws

Sunday, December 19th, 2010

The drinking age in the state of North Carolina is 21-years-old. A conviction for North Carolina underage drinking becomes part of a young person’s criminal record. The Task Force on Community Preventive Services advocates that states maintain the minimum drinking age of 21-years. The task force would also like to see more enforcement across the country of laws prohibiting sales of alcohol to minors.

In addition to state law, schools in and around Greenville have their own policies and rules concerning underage alcohol use. The Centers for Disease Control and Prevention says that excessive alcohol consumption can lead to poorer performance at school. The CDC says underage alcohol consumption plays a role in more than 4,600 deaths of people under 21-years-of-age in the United States each year.

The task force argues for maintenance and increased enforcement of underage drinking laws based upon evidence that shows a 16 percent reduction of underage car crashes after states raised the drinking age to 21. States with strict alcohol laws tend to have lower rates of binge drinking overall, including among adults as well as college students. North Carolina has a zero tolerance for underage DWI. Any evidence, even an officer’s testimony can support a charge for a North Carolina underage DWI.

Most people that are under 21-years-old that consume alcohol indulge in binge drinking, according to government statistics. The CDC says that underage drinkers are more likely to consume 5 or more drinks in a row than adults, leading to intoxication.

Most states adopted the 21-year-old drinking age in 1991. A 1985 survey of people ages 18 to 20 years old indicated that 59 percent had consumed alcohol within the previous month. In 1991, the number declined to 40 percent that admitted alcohol consumption in the previous month.

The surveys show that in the 21 to 25 year old age group the numbers declined from 70 percent in 1985 to 56 percent in 1991. The task force believes the higher drinking age reduces underage alcohol offenses and tends to lower consumption by adults.

Source: Centers for Disease Control and Prevention, “Age 21 Minimum Legal Drinking Age,” 10 July 2010

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

Toughen DUI laws: mom

Sunday, December 12th, 2010

A Manitoba woman who lost her daughter to a drunk driver says she thinks increasing the penalties for impaired driving offences would convince more people not to do it.

Winnipeg Sun – Manitoba

Drunk driving laws

Saturday, January 5th, 2008

Drunk driving laws

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