The Kipness Law Firm, P.C

Driving under the influence of drugs

January 19th, 2010

If you take prescription or non-prescription over-the-counter drugs or alcohol while driving, you can be in trouble. According to the law, anyone under the effect of drugs found driving or being in charge of a vehicle may have to go to court. Whether you have been advised these drugs by your doctor or health consultant, driving under their influence means you are breaking the law.

Traffic authorities are given the power to check any one for a random drug test, especially those who are found to be suspicious. This can include the way a person is driving the car and physical signs and performance of the driver. Normally, the police carry out a random drug test by taking a sample of the drivers saliva and checking it for levels of cannabis, MDMA or ecstasy and methylamphetamine or ICE. Any non-zero levels of these three drugs mean the driver is breaking the law. Currently, the saliva test can only detect levels of these three drugs, and the police can take a blood test or urine sample at any point if they feel that the driver is under influence of some other drug such as alcohol. A breathalyser can also be carried out to find if the driver has any alcohol in his system. However, for alcohol, the threshold level for drug in the blood is safe anywhere between zero and 0.05, and blood alcohol levels or BAC higher than this can cause trouble for the driver. This threshold limit can be changed by the law anytime, as deemed appropriate. A prosecution drug recognition expert can also be used as a testimony against the driver.

When a person is under the influence of drugs, whether it is alcohol, an addictive drug, prescription drug or over-the-counter drug, his or her mental or physical capacity of being able to work properly and comprehend things can become impaired. Driving under the influence of drugs, also known as DUI, or driving while impaired or intoxicated or DWI can become a problem not only for the driver, but for other passengers riding in the vehicle and also for the passerbyes. A drug can be categorized as just anything which affects a person’s mental or physical capability, whether it is a cold medicine, pills of coffee or caffeine etc. According to the definition used in California, “A drug is anything capable of affecting the nervous system, brain or muscles of an individual as to impair, to an appreciable degree, his or her ability to drive a vehicle in the manner that any ordinarily prudent and cautious person, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions.” If you or someone you know has been charged for DUI, you will need to consult a specialized DUI lawyer or a DUI attorney, who has qualified DUI Laws. A lawyer not specialized in this field may not be able to defend you as it takes real know-how to handle cases accused with DUI.

According to definition, DUI includes driving under the influence of alcohol, including driving while intoxicated, drunk driving, operating a vehicle under the influence of drugs, where as a vehicle can include anything from bicycle, boat, airplane, to wheelchair, tractor or horse. In most counties and states of America, DUI and DWI are considered a criminal offense and are dealt with severe charges. It is a serious health hazard and causes 39% of vehicle related deaths each year. Most courts will disqualify the accused of holding or obtaining a driver’s license for a specific period of time, whereas in serious cases, the charges can be severe. These charges can include a fine, appointment of a community service or even prison. The court also takes away the right of eligibility to apply for a work licence and if the driver is convicted with a serious offence of driving or being in charge of a vehicle while under the influence of a drug.

Some states may have the same punishment for DUI drug cases and DUI alcohol cases. However, in states where the punishments are different, it is important to hire a DUI Laws lawyer who can relieve some of the harsher punishments imposed by law. Whether you have been accused of drunk driving DUI, DWI or driving while impaired or intoxicated, DUII or driving under the influence of intoxicants, OUI or operating under the influence of drugs, OUIL or operating under the influence of liquor, MVI or operating a motor vehicle while impaired or simply accused of reckless driving while drunk, a knowledgeable and skilled defence DUI lawyer should be consulted. Do not waste time with inexperienced lawyers, as your driver’s license can be cancelled. Consulting a skilled criminal defense lawyer who concentrated on DUI and DWI defense should be your first choice to save yourself from a lot of trouble.

Dallas Car Accident Lawyer: New Organization Seeks Tougher Laws on Cell Phones Used by Drivers

January 19th, 2010

Safety advocates, such as the National Safety Insitute and the Department of Transportation announced the creation of FocusDriven, which is a organization dedicated to creating public awareness about the dangers of talking on cell phones or texting when driving.

The organization is patterned after M.A.D.D. and will lobby states for tougher laws for texting and cell phone use in cars.   Nineteen states and D.C. have banned texting when driving a car and restricted cell phone use.  

Focus Driven will be lead by Jennifer Smith, a daughter whose mother was killed by a driver talking on his cell phone.

Dallas Medical Malpractice Lawyer: Medication Errors Can Result In Death or Serious Injuries

January 19th, 2010

The Wall Street Journal has reported that medication errors result in at least one death per day and cause personal injuries to 1.3 million Americans per year.  

Nurses can misunderstand abbreviations on a pharmacy order.  Examples of deaths from medication errors are: (1) accidental overdose of a drug that slows the heart rate; (2) i.v. fluids administered at too high of a level after surgery on a child; and (3) confusion over drug names that leads to addition of insulin to infant’s i.v. instead of the correct medication such as an anti-clotting drug.

The Institute for Safe Medication Practices and the American Society of Health-System Pharmacists launched the National Alert Network for Serious Medication Errors.  This network will send e-mail alerts to pharmacists, doctors, and nurses when a life-threatening or death causing medication error is reported.  The goal is to spread the word about the consequences of medication errors.

Medication errors have increased because of pressure for hospitals to cut costs via stretching of their staff in these tough economic times.  A survey of 850 nurses and pharmacists revealed 20% of them reported making a medication mistakes with insulin, narcotics, heparin, and chemotherapy.

Consumers can sign up for customized alerts about medications they take and report problems to http://www.consumermedsafety.org.     To avoid medication errors, consumers should ask healthcare providers to explain what medications are being given and what are the correct dosages. 

Some patient safety experts say this network is not enough and there needs to be other techniques implemented such as electronic medical records (elminates bad doctor handwriting) and bar coding systems (confirms drugs match with patient’s age, condition, or diagnosis). 

The reporting of medication errors by health care providers is confidential and cannot be used in a medical malpractice lawsuit.

Hopefully, this network will decreased the amount of indviduals who are victims of medical malpractice due to medication errors committed by their healthcare providers or pharmacists.

Dallas Car Accident Lawyer: Sprinklers on During Freezing Temperatures Can Cause Auto Accidents

January 8th, 2010

Fox 4 news of Dallas-Fort Worth, Texas reported an accident involving a Richardson, Texas police officer.  Apparently, this accident was caused not by driver error but because sprinkers were on during freezing temperatures.

The accident happened at Audelia Road and Walnut Street when the Richardson officer was pursuing a speeding vehicle.  When the car hit the ice, it slid into a utility pole and was flipped upside down.  Fortunately, the officer was not injured.

This accident should be lesson to all to make sure sprinklers are turned off during freezing temperatures.  In many cities in the Dallas-Fort Worth Metroplex, it is a city code violation to have sprinklers on during freezing temperatures and/or not having a freeze sensor on your sprinkler system.

DALLAS PERSONAL INJURY LAWYER: TOP 10 DOs and DONT’S AFTER AN INJURY CAUSING ACCIDENT

January 8th, 2010

If you have been involved in an accident, to get the most value from your Dallas personal injury claim, you should:

  1. Do seek medical attention quickly for your injuries and follow your doctor’s orders;
  2. Do contact a personal injury lawyer before you speak to the insurance company
  3. Do not admit fault for causing an accident;
  4. Do not sign any insurance company forms before you speak to a Dallas personal injury lawyer;
  5. Do take photographs of the accident scene and your injuries;
  6. Do document non-visible injuries such as stress and pain;
  7. Do not give an insurance company access to your health information;
  8. Do disclose any pre-existing injuries to your doctor and lawyer;
  9. Do not exagerate your injuries;
  10. Do not wait too long to contact a personal injury lawyer

Dallas Car Accident Lawyer: Fatal Flower Mound Car Accident

January 6th, 2010

Multiple children were injured in car accident on January 5, 2010 in Flower Mound, Texas.  At least one child, a 12 year old six-grade male student at Liberty Christian School in Flower Mound, Texas is dead and two others were injured.

The accident involved four vehicles on Hwy 377 at Stonecrest Road near Liberty Christian School.   One of the injured students was taken, via CareFlite, to Harris Methodist Hospital. 

The police are still investigating the cause of the accident.  No names have been released.

Dallas Car Accident Lawyer: Wrong Way Signs Posted on NTTA To Stop Car Accidents

December 15th, 2009

According to the Dallas Morning News, the NTTA posted six wrong way signs to prevent wrongful death and serious personal injuries from car accidents happening in Dallas, Texas on the Dallas North Tollway.

Two signs were posted at the Cotton Gin exit in Frisco, Texas; two signs were posted at the State Highway 380 exit in Frisco, Texas  and two signs were posted at the Harry Hines exist in Dallas, Texas.

The signs are part of projected started by NTTA driver task force.  More wrong-way signs will be posted on the Dallas North Tollway if the current ones are found to be effective in reducing car accident wrongful deaths and personal injuries.  The NTTA also uses reflective buttons near exit ramps to signal proper direction of travel.

In 2009, there have been four wrong way crashes resulting in wrongful death of other drivers.   Almost every wrong way accident on the Dallas North Tollway is a result of drunk driving.

Hopefully, these efforts will prevent wrongful deaths and serious personal injuries arising from car accidents on the Dallas North Tollway

Dallas Car Accident Lawyer: Woman Dies in Crash With Off-Duty Fort Worth Police Officer

December 11th, 2009

According to the Fort Worth Police Department, a 27 year old women, named Sonia Baker, died from a car accident that occurred at 2:30 a.m. on December 11, 2009  in the 3800 block of Columbus Trail.

Sonia Baker was driving on the southbound lanes of 7800 block of Evening Star.  Jesus Cisneros, an off-duty Fort Worth police officer was driving westbound in an unmarked police vehicle on Columbus Trail.  The car accident occurred when Sonia Baker attempted to turn east on Columbus Trail.

Jesus Cisneros was severely injured in the car accident and was taken to JPS Hospital in Fort Worth.

Investigators discovered alcohol consumption by Jesus Cisneros may have played a role in this wrongful death drunk driving accident.

If medical evidence shows Jesus Cisneros was drinking and driving, he will be placed on restricted duty and if blood results show .08 or higher, he could face DWI and possible intoxication manslaughter charges.

This tragic accident is yet another example of how deadly and dangerous car accidents can be when alcohol may be involved.

Dallas Car Accident Lawyer: Texas Auto Insurance Requirements

November 3rd, 2009

The minimum amount of auto liability insurance in Texas to cover a car accident is:

  • $25,000 for a single death or injury;
  • $50,000 for death or injury to more than one person; and
  • $25,000 for property damage

Failure to carry auto insurance can result in the suspension of your driver’s license.

If you move to Texas, you need to confirm your auto insurance company will still cover you.  If you are involved in a car accident, you must report the accident to the police if:

  • more than $500 of property damage was done to a car or
  • if anyone is injured, no matter how seriously

Each driver must make a report to the Texas DPS.  If a law enforcement officer investigates the car accident, the officer’s report will take care of this filing requirement. 

You should purchase as much insurance as you can afford.  Many personal injury and wrongful death cases involving car accidents are worth more than the policy limits.  You may be personally responsible for any personal injury cases if the jury returns a verdict above your policy limits.

Texas Injury Lawyer: Tips to Avoid Car Accidents Around Children

November 3rd, 2009

Children do not always obey safety rules.  They may suddenly dart out into a street to chase a ball or friend.  One needs to drive carefully when around playgrounds, schools, or parks.

The speed limit in school zones is 20 mph.  When driving around schools, watch for pedestrians and bicycles.  Looks for safety patrols or school crossing guards.   You also need to be on the lookout for school buses that may stop.  When a school bus is flashing red lights you must stop until the children have boarded or exited the bus.  This rule applies to traffic approaching a bus and traffic behind the bus.

You should stop for anyone crossing a street on foot and do not pass a pedestrian from behind.  Do not drive on a sidewalk.

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