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With Florida poised to potentially pass legislation which would allow police to charge drivers for texting behind the wheel, there is renewed interest in the issue of distracted driving. While motorists and experts agree that distracted driving is major issue leading to car collisions in Fort Lauderdale and other cities, however, there is some disagreement about how distracted driving can be defined. The media tends to focus on mobile devices and while these distractions can certainly be a danger on the roads and lead to many traffic accidents in Fort Lauderdale and other cities, most experts agree that distracted driving is a much bigger problem.

A recent study from Erie Insurance confirms this. The insurance companies reviewed data from the Insurance Institute for Highway Safety and concluded that one in ten traffic collisions across the country are caused by distracted driving. According to the study, the most common causes of distraction were:

•Daydreaming or loss of focus (associated with 63% of fatal distraction-related car accidents between 2010 and 2011)
•Cell phone use (12%)
•Outside distraction (7%)
•Passengers (5%)
•Drinking or eating while driving (2%)
•Adjusting car controls or devices (2%)
•Moving items inside the car (1%)
•Smoking (1%)

The problem with these types of distractions is that it is impossible to pass legislation to target these types of behaviors. It is impossible to tell, for example, if a driver is daydreaming or simply not focused on the road – even though this appears to be the biggest danger behind the wheel. While a texting ban may help prevent some truck accidents in Fort Lauderdale and other cities, there is no legal way to address all the possible types of distractions that can lead to collisions.

Instead, it is up to motorists to take the steps necessary to prevent accidents caused by distraction. According to Erie Insurance and other experts, there are a number of things that drivers can do to avoid being in (or causing) a distracted-driving collision:

•Pull over to make phone calls or use mobile devices
•Keep your mobile devices turned off while you drive
•Do not drive when you are having trouble focusing or when you are fatigued
•Provide a good role model for your children by driving responsibly
•Never drink or eat while driving – pull over and eat in your car if you go through a drive-through
•Adjust your mirrors, radio, and other controls before you start to drive
•Secure pets in a cage or kennel while driving – this makes the drive safer for you and your pets
•Keep your windows rolled up on warm days to prevent debris and insects from flying in your car
•Wear sunglasses when driving on sunny days
•Keep the interior of your car tidy

Florida Car Accident Lawyer Blog

A new study recently reported in Science Daily indicates that the mixer used in an alcoholic drink can increase the individual's blood-alcohol level as well as his degree of intoxication: 

Alcohol Mixed with Diet Drinks May Increase Intoxication More than Alcohol and Regular Drinks 

Feb. 5.  – An individual's breath alcohol concentration (BrAC) following alcohol intake is influenced by several factors, including food. While it is known that food delays the stomach emptying, thus reducing BrAC, only recently has the role of nonalcoholic drink mixers used with alcohol been explored as a factor influencing BrAC. A new comparison of BrACs of alcohol consumed with an artificial sweetener versus alcohol consumed with a sugared beverage has found that mixing alcohol with a diet soft drink can result in a higher BrAC.

Results will be published in the April 2013 issue of Alcoholism: Clinical & Experimental Research…

"More attention needs to be paid to how alcohol is being consumed in the 'real world,'" said Cecile A. Marczinski, assistant professor of psychology at Northern Kentucky University. She referenced an earlier field study of bar patrons. "Researchers found that, one, individuals who reported consuming alcohol with diet beverages had the highest BrACs, as compared to all other bar patrons, and two, that women tended to be more frequent consumers of diet mixers with their alcohol. These good naturalistic observations give researchers many ideas to explore in a controlled laboratory setting."

Dennis L. Thombs, professor and chair of the department of behavioral and community health at UNT Health Science Center, was the author of the field study referenced by Marczinski. "Research on artificially sweetened drink mixers is new," he said. "I believe this might be only the third study published to date on this issue, and the findings are quite consistent with ours."

"I am really interested in drinking and driving as a problem, so I wanted to know if the simple choice of mixer could be the factor that puts a person above or below the legal limit," added Marczinski. "I also wanted to determine if any BrAC difference would be something that subjects would notice, since this has implications for safe drinking practices, including decisions to drive."

Study authors had 16 participants (8 females, 8 males) attend three sessions where they received one of three doses — 1.97 ml/kg vodka mixed with 3.94 ml/kg Squirt, 1.97 ml/kg vodka mixed with 3.94 ml/kg diet Squirt, and a placebo beverage — in random order. The participants' BrACs were recorded, as well as their self-reported ratings of subjective intoxication, fatigue, impairment, and willingness to drive. Their objective performance was assessed using a cued go/no-go reaction time task.

"Alcohol consumed with a diet mixer results in higher BrACs as compared to the same amount of alcohol consumed with a sugar-sweetened mixer," said Marczinski. "The subjects were unaware of this difference, as measured by various subjective ratings including feelings of intoxication, impairment, and willingness to drive. Moreover, their behavior was more impaired when subjects consumed the diet mixer."

When asked why mixing alcohol with a diet drink appears to elevate BrACs, Thombs explained that the stomach seems to treat sugar-sweetened beverages like food, which delays the stomach from emptying. "The best way to think about these effects is that sugar-sweetened alcohol mixers slow down the absorption of alcohol into bloodstream," he said. "Artificially sweetened alcohol mixers do not really elevate alcohol intoxication. Rather, the lack of sugar simply allows the rate of alcohol absorption to occur without hindrance."

Both Marczinski and Thombs were concerned about the risk that diet mixers can pose for alcohol-impaired driving. "In this study, subjects felt the same whether they drank the diet or regular mixed alcoholic beverage," said Marczinski. "However, they were above the limit of .08 when they consumed the diet mixer, and below it when they drank the regular mixed beverage. Choices to drink and drive, or engage in any other risky behavior, often depend on how people feel, rather than some objective measurement of impairment. Now alcohol researchers who are interested in prevention have something new to consider when developing or modifying intervention programs."

Thombs agreed. "Research on alcohol mixers is critically important for improving serving practices in on-premise drinking establishments," he said. "About one-half of all drinking and driving incidents are estimated to occur in persons leaving these settings. This type of research can provide guidance to policy-makers interested in improving the safety of bars and nightclubs."

"We have an obesity crisis in this country," added Marczinski. "As such, individuals tend to be conscious about how many calories they are consuming, and they might think that mixing alcohol with diet drinks is a healthy choice. Yet the average reader needs to know that while mixing alcohol with a diet beverage mixer may limit the amount of calories being consumed, higher BrACs are a much more significant health risk than a few extra calories."

"In natural drinking settings, such as bars and nightclubs, young women are significantly more likely than young men to order drinks mixed with diet cola," said Thombs. "I suspect this occurs because young women tend to be more weight conscious than young men. Thus, from a public health perspective, artificially sweetened alcohol mixers may place young women at greater risk for a range of problems associated with acute alcohol intoxication."

Don't drink diet drinks and drive…

(Thanks to Justin McShane.)
 

DUI BLOG

Proponents of the so-called “standardized” field sobriety tests (SFSTs) have long pointed to field studies which indicate a high correlation between performance on the tests and actual blood alcohol concentrations (BAC).  A new study now calls those conclusions into question.

Originally, the National Highway Traffic Safety Administration (NHTSA) paid a private group, the Southern California Research Institute, to conduct studies to find which among the various field sobriety tests used by police were most effective and to develop a standardized 3-test battery.  SCRI subsequently reported to NHTSA that a battery of walk-and-turn, one-leg-stand and nystagmus provided a strong correlation with breath test results.

Confronted with questions about those conclusions, NHTSA later commissioned the same researcher who had conducted the original studies, Marcelline Burns, to  corroborate the accuracy of her own findings.  Burns accompanied a small number of San Diego police officers conducting actual DUI investigations in the field.  After administering the SFSTs, the officers were asked to guess whether suspects had blood alcohol  concentrations (BAC) over or under .08%.   Burns reported a 91% correlation between SFSTs and BAC over-under estimates, arguably validating the battery of tests she had helped create.

A subsequent scientific article called Burns’ conclusions into question.  In Hlastala, Polissar and Oberman, “Statistical Evaluation of Standardized Field Sobriety Tests”, 50(3) Journal of Forensic Sciences 1, the raw data used in the validation study were obtained from NHTSA through the Freedom of Information Act.  The methodology used was then reviewed and the data subjected to statistical analysis.

The methodology was found to be seriously flawed in a number of respects.  For one thing, many of the suspects had very high BACs, making estimates of whether a suspect was over .08% obvious regardless of SFST performance.  For another, there was no attempt to isolate the influence of SFST performance from other factors:  officers estimated BACs after the field sobriety tests, but they also took into account earlier observations, such as erratic driving, slurred speech, odor of alcohol, flushed face, admissions as to amount of alcohol consumed, etc.

The most glaring defect in Burns’ corroborative study was that “all police officers  participating in the study were equipped with NHTSA-approved portable breath testing devices”.  In other words, the San Diego officers already had the results of portable breath tests when they were asked to estimate the BACs later obtained at the station!

After reviewing the flawed methodology, the raw data was then statistically analyzed.  The conclusions:

If we consider three ranges of MBAC [measured blood alcohol content], 0.00% to 0.04%, 0.04% to 0.08%, and 0.08% to 0.12%, the officers’ EBAC [estimated blood alcohol content] overestimated the MBAC 76%, 67% and 48% of the time, and underestimated it 14%, 26% and 28% of the time. 

In other words, officers relying upon field sobriety tests were far more likely to overestimate  BACs than underestimate — particularly with those suspects having low BACs. 

(T)he utility of the SFST depends very much on how intoxicated an individual is.  Accuracy (and specificity) are low when individuals are close to 0.08% MBAC, but if the individuals are quite intoxicated, such as above 0.12%, then accuracy is high.

In other words, in borderline cases involving persons at or under the legal limit, officers were very poor at estimating levels over .08% based upon SFSTs.  And it is these cases, of course, that are critical.  Suspects with high BACs are relatively easy to single out without the help of field tests; it is for the closer cases, particularly those who are innocent (below .08%), that the SFSTs are designed.  And it is with these very cases that the tests apparently fail. 

Put another way, accuracy in using field sobriety tests is high when they are not needed — and low when they are. 
 

DUI BLOG

Researchers at Duke University have identified the two primary drivers for stress-related college student drinking. According to a study published in the journal Biology of Mood & Anxiety Disorders in which 200 students participated, a strong need for a reward and the lack of fear of negative consequences heavily influence heavy campus drinking.

“Imagine the push and pull of opposing drives when a mouse confronts a hunk of cheese in a trap. Too much drive for the cheese and too little fear of the trap leads to one dead mouse,” study researcher Ahmad Hariri, professor of psychology and neuroscience at Duke University, said in a statement.

In the study, fMRI scans were conducted on participants, and researchers looked for activity in the reward and fear centers of the brain. According to the Huffington Post,

Scientists found that students who reported stress-related alcohol abuse also had high reactivity in the amygdala brain region’s threat circuitry and the ventral striatum brain region’s reward circuitry.

This ground-breaking study presents ample opportunity for pre-screening students who may be at risk for stress-related consumption.

Choose Responsibility Blog

Two studies published recently in the Archives of Ophthalmology suggest that physicians and eye doctors may do more to prevent car crashes. As the population ages, experts predict that by 2020, 40 million drivers will be over the age of the age of 65. According to researchers, many of those drivers will eventually develop chronic conditions such as dementia, arthritis, eye problems, and other health concerns that could affect driving ability.

According to the study’s authors, eye doctors may underreport vision problems among elderly patients. The study asked eye doctors to respond to a series of questions. 87% of participating doctors stated that they would often ask about driving ability if the question was raised or if a patient fared poorly on an eye exam. Two thirds of polled doctors stated that they asked all elderly patients about driving. Over half of eye doctors stated that they were reluctant to report patients to agencies regulating driving. They were often worried about liability issues and about compromising the doctor-patient relationship. Only 36% of eye doctors reported unsafe drivers to physicians and only 28% reported unsafe drivers to rehabilitation.

According to the study’s authors, eye doctors need to take a greater role in reporting and helping unsafe drivers. The authors suggested that eye specialists always ask elderly patients about driving ability and refer patients to primary care physicians or driver rehabilitation when needed. Not only can this potentially prevent car accidents, but it can also help drivers stay behind the wheel longer. Driver rehabilitation, for example, can help qualified drivers adjust to mobility issues and vision problems.

Many Miami Gardens car accidents are caused by drivers with medical issues. Each year, people are killed because motorists cause Miami Gardens traffic accidents due to vision problems, strokes, heart attacks, and other medical situations. Having doctors reporting at-risk drivers can help prevent these accidents and can help drivers get help through driver rehabilitation to help prevent Miami Gardens truck accidents and car accidents. Some drivers may be resistant to this idea since it could get drivers banned for health conditions that have not yet caused an accident. With many drivers seeing cars as a form of freedom and independence, the decision to hang up the car keys for medical reasons is a difficult one. Support systems and more transportation options for non-drivers would potentially help with this problem.

Florida Car Accident Lawyer Blog

According to a new research study led by Joanne Brady of Columbia University, more than half of drivers in the US involved in fatal car collisions had drugs or alcohol in their system at the time of their accidents. According to Brady and her researchers, men and those driving at night were the most likely to have controlled substances in their system.

The study, which appeared in the journal Addiction, was based on data from the National Highway Traffic Safety Administration. Researchers looking over the data found that between 2005 and 2008, 20 150 drivers were fatally injured in car accidents in fourteen states. Of these, 57 percent tested positive for alcohol of drugs. About 20 percent had multiple drugs or controlled substances in their system. The most common controlled substance found in these drivers was alcohol, but marijuana, amphetamines, and other stimulants were also found in some drivers.

According to researchers, men were more likely than women to be driving with drugs or alcohol in their system. Less than half of women fatally killed in car accidents had controlled substances in their system at the time of their traffic accident, compared to sixty percent of men. The records did not show how much of a drug drivers had in their system, so according to researchers it is impossible to tell how impaired by drugs the drivers were, and whether any prescription drugs found in drivers were being taken correctly.

In Florida, since the 1980s, groups such as MADD and law enforcement agencies have launched enforcement and education initiatives aimed at reducing the number of Miami drunk driving accidents on the roads. Drivers are well aware of the risks of drugs and alcohol in increasing the risk of a Miami car accident. Nevertheless, as the newest study suggests, many drivers are still making poor choices when it comes to controlled substances and driving.

More can be done to prevent Miami traffic accidents caused by substance abuse. While Brady and her research team did not make specific recommendations based on the findings, the study itself does suggest a number of possibilities. For example, since impaired driving collisions seem more likely at night, perhaps more can be done to provide low-cost and accessible transportation options for drivers in the evenings and at night. In addition, since men are more likely than women to drive impaired, perhaps education and prevention campaigns aimed at reducing Miami truck accidents and car accidents can be tailored at men.

Florida Car Accident Lawyer Blog

A recent study out of the University of North Carolina, Chapel Hill, indicates that online purchases of alcohol among underage teens may be easier than authorities desire. North Carolina officials, including local law enforcement agencies and the North Carolina Alcohol Law Enforcement division aggressively seek to enforce North Carolina underage drinking and underage possession laws. This blog has previously discussed a wide variety of charges brought in an effort to curb underage drinking in the state.

The recent university study suggests that nearly 60 percent of online purveyors of alcohol make little, if any effort at all, to verify that a customer is of age to purchase alcohol. The study was conducted with the assistance of eight volunteers, all between the ages of 18 and 20 years of age. The volunteers were reportedly granted immunity from prosecution for underage alcohol offenses by prosecutors to participate in the study.

The volunteers ordered alcohol products, including wine, beer or other adult beverages, from 100 popular websites that sell the alcoholic products online. Researchers say that 45 orders were received by the underage volunteers, while 28 orders were rejected by the delivery company after attempts to verify the age of the purchaser failed upon delivery. Eleven orders were not delivered when no one was present to accept the delivery. Sixteen deliveries failed for reasons unrelated to age, such as technical glitches.

The online purchases generally used private delivery companies, such as FedEx or UPS, as it is illegal to mail alcohol through the U.S. Postal Service. The researchers at the University of North Carolina say that loosened restrictions for online sales of alcohol has led to an increase in access to alcohol for minors. The U.S. Supreme Court held in 2005 that laws banning sales of wine across state lines were unconstitutional under the Commerce Clause.

The recent findings of the North Carolina research were published in the Archives of Pediatrics & Adolescent Medicine.

Source: Bloomberg, “Underage Drinkers Buy Alcohol Online With Few Barriers,” Michelle Fay Cortez, May 7, 2012

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

The federal government released a study late last year that says nearly one-third of Americans under the age of 23 have been arrested at least once in their lifetime. Many people face criminal charges while attending college for underage alcohol offenses and related issues.

Greenville student offense lawyers know that enforcement of North Carolina underage drinking laws around East Carolina University (ECU) and Pitt Community college can be fierce. Alcohol and drug-related crimes can also often be associated with other charges, such as minor assaults, resisting arrest or fake id crimes in North Carolina. The recent federal survey was conducted was look into what exposure to the criminal justice system America’s youth have experienced in recent years.

Many people have commented that the large percentage of America’s youth that have had contact with the criminal justice system in recent years does not reflect a change in behavior among students, but is more reflective of increased police crackdowns on student offenses across the country.

The newly released data was derived from a research that began in 1996 and was updated annually since its inception. The researchers initially interviewed a group of 12 to 16 year old people in 1997. The researchers say that the results show that 30.2 percent of teens and early 20-somethings have been arrested by the age of 23. A similar study released in 1965 set the percentage at 22 percent of Americans under the age of 23.

The lead author of the study hails from the University of North Carolina, Charlotte. He says that arrests of young Americans come in context– that other issues may be going on outside the legal allegations that may have influenced the alleged conduct.

A deputy police chief in a college town along the eastern seaboard says that students are acting more responsibly today than they have throughout his 25 year career. Many commentators have said that police crackdowns and zero-tolerance policies across the country have lead to the rise in arrests among America’s youth.

However, students arrested for an offense can see adverse consequences that reach outside of the criminal justice system, as this blog has previously discussed. Students can see adverse consequences at school and in the job market in the future if an arrest leads to a conviction.

Students facing charges, including underage drinking tickets should consider speaking with an experienced Pitt County criminal defense attorney to learn what defenses and legal options may be available in an individual situation.

Source: The Massachusetts Daily Collegian, “Study finds increased number of under-23 arrests,” Steffi Porter, Feb. 2, 2012

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

A recent article published in Psychology of Addictive Behaviors (discussed here by The Vancouver Sun) has drawn attention to the important topic of college binge drinking. The research presented in the article highlights college students’ perceptions that the positive effects associated with drinking outweigh the negative consequences in terms of influence on future drinking. Unfortunately, there are negative consequences associated with dangerous alcohol overconsumption including death and injury as well as legal and academic problems for many college students each year.

Students overwhelmingly believe that a majority of the time their alcohol consumption levels are safe and generally acceptable. On occasions when college students do feel they have over-consumed, less than a quarter say they result in an experience they would never like to repeat. While a variety of experiences occur when they drink too much, the most frequently cited are short-term and related to the next day’s embarrassment and regret – being physically sick and humiliating oneself – not the serious and/or long-term negative consequences that parents and administrators worry about.

Our Stop College Binge Drinking initiative is a comprehensive, multi-faceted research effort designed to promote new ways of tackling the problem of dangerous alcohol overconsumption on campus among various members of the campus community. Our own research among college students and that from the student led campaigns on campuses corroborates the research findings presented in this article.

Century Council Blog

An underwater Bipole transmission line beneath Lake Winnipeg is not a viable option at this time, a study commissioned for Manitoba Hydro has concluded.

Winnipeg Sun – Manitoba