Your Legal Liability if Your Guests Drive Home Drunk

You host a party where there’s food, music, cheering and alcohol. Then a guest, who has had a few drinks, gets into their car and drives home while under the influence. Are you liable to be held responsible if your guest or anyone else gets hurt in an accident? If you are having a party that includes alcohol, you should ensure that everyone who drinks gets home safe with the help of a driver, a cab or a room to lie in after the party is over. In case of bartenders and licensed establishments, there is a clear legal duty to cut out the alcohol if patrons seem intoxicated and to ensure they get home safely but for individuals who throw private parties, the law isn’t clear. However, the risk of legal liability exists and legal responsibilities may be broadening scope wise.

A case in Canada Childs v. Desormeaux, where a woman was paralyzed and her boyfriend killed in a car accident struck by the driver who had been drunk. The woman sued the hosts of a New Year’s party attended by the drunk driver who bought his own alcohol to the host’s home. According to personal injury lawyer Jeremy Diamond, the Supreme Court of Canada concluded that the social hosts do not owe a duty of care to third parties injured by intoxicated guests and added that the case did not determine whether there was a duty of care in other circumstances, such as foreseeability of harm is present for the guests themselves.

In order to reduce the risk of liability there are a few things hosts can do apart from providing accommodation and transportation such as not making drinks the focus of the party, cutting out alcohol well before time, take car keys away from the guests if necessary and avoid guests having serve themselves. Otherwise, with the inclination of the law to change itself according to the need of the hour it appears there would be a time when hosts will have to hire an impaired driving attorney for them in the near future.

Read the full article here: https://globalnews.ca/news/3926502/drunk-driving-canada-social-host-liability/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Man From Des Plaines With 15 DUI Convictions Accused Of Driving On Revoked License In Hit And Run Crash

Christopher Clingingsmith, aged 52, has been charged with violating the terms of his bond in a pending DUI case as he was driving on a revoked license and possessed a fake ID in a hit and run crash, according to prosecutors. Clingingsmith is a Des Plaines man who has about 15 DUI convictions and a pending DUI case and was involved in a hit and run crash last weekend in Arlington Heights, Cook County on a revoked license. He had been free on a $400,000 bond on the DUI charge and the said bond was revoked at a hearing on Thursday, in Rolling Meadows branch court. Judge Steven Goebel, set bail at $1 million for charges related to the crash. According to the judge, Clingingsmith has the potential to be very dangerous as he has 15 prior DUI’s and was operating a two-ton motor vehicle.

Clingingsmith was involved in a hit and run crash and was arrested in Rolling Meadows after the crash took place early Saturday near White Oak Street and New Wilke Road in Arlington Heights. He faces up to 30 years in prison if he is convicted of the current DUI charge which is a Class X felony. He faced four previous prison sentences for DUI and other convictions according to authorities.

In the pending DUI against him, Clingingsmith was arrested by Arlington Heights police after he fled away from a hit and run crash in Des Plaines in June and crashed into another vehicle on Northwest Highway and Arlington Heights Road and was taken into custody thereafter, as per prosecutors. Clingingsmith’s next court hearing on the DUI case is April 25 in the Rolling Meadows branch court and it appears that no impaired driving defence will be helpful to him looking at all the previous convictions and pending case.

Read the full article here: https://www.chicagotribune.com/suburbs/ct-met-repeat-dui-offender-court-hearing-20180323-story.html

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/dui-news/

Things You Need to Know About Your Breath Test Sample if Stopped for a DUI

Stopped for suspicion of driving under the influence of alcohol and given a breath alcohol test? Well, here is all that you need to know:

According to lawyer Ziad Youssef of MyTrafficMan.net the Draeger 9510 is the breath alcohol instrument most commonly used in Washington DUI investigations and like the DataMaster, which is an obsolete instrument, it analyzes breath to help police estimate the level of alcohol in a person’s blood.

According to the prevalent laws in most of the states, the legal limit for breath alcohol has been set at .08, which means that anyone with a breath alcohol level of .08 is assumed to be driving under influence. However, recent developments in DUI defense strategies have created reasons to doubt the results of the instrument. The Draeger 9510 works with the help of software that has yet not been validated by the state. The said software controls the data when the breath alcohol sample is collected. It has sensors that check and record flow rate, volume, breath alcohol level and time to ensure the minimum criteria for a breath sample.

As per the DUI law in Washington, the instrument has to test only the last portion of air exhaled by the driver into the Draeger among other things. Challenging the reliability or accuracy of a Draeger 9510 breath test or its functioning have not resulted in the inadmissibility of the test results which means the hearings officer at a Department of Licensing hearing and the jury in a criminal trial will likely see results and they may consider the challenge in deciding what weight to give the test result. Presenting evidence of an invalid test is critical to successful hearing and may save the driver from DUI penalties since the burden of challenging the weight of a breath test is on the driver.

Read the full article here: https://www.heraldnet.com/marketplace/stopped-for-a-dui-heres-what-you-need-to-know-about-your-breath-test-sample/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/dui-news/

Judge Who Told Twin Cities Police Officer “I Am A Ramsey County Judge” Charged With DUI.

Ramsey County District Court Judge G. Tony Atwal was charged with DWI on January 2 as a St. Paul police officer asked him to get into the squad car on New Year’s Eve even though the man had told him “I am a Ramsey County Judge”. Patrick Cotter, who is Atwal’s attorney, stated that Atwal had made “regrettable statements to the arresting officer”. Atwal pleaded guilty to a gross misdemeanor in the afternoon on January 2nd, 2018. Atwal has been re-assigned to handle child protection cases and was earlier assigned Ramsey County District Court’s criminal division. Thomas Sipkins, executive director of the Minnesota Board of Judicial Standards said the board is “looking into the matter”.

Michael Brodkorb who is a blogger and a former state Republican political operative stated that he sought details in the case since he believed Atwal had received special treatment, being a judge. However, Cotter and Minneapolis City Attorney Susan Segal stated that Atwal received no special treatment while her office handled the case to avoid a conflict with their St. Paul counterparts.

Segal stated that Atwal wanted to resolve the case and had hired a defense attorney who reached out to the prosecutor. As per police reports the breath test of Atwal showed alcohol concentration of 0.17 which is way above the legal limit of 0.08 in Minnesota and faced an over 80 charge. Atwal had pleaded guilty to DWI, a gross misdemeanor and most of his sentence was stayed and he served 18 days on electronic home monitoring and received 2 years of supervised probation.

Read the full article here: https://www.duluthnewstribune.com/news/crime-and-courts/4422157-judge-tells-twin-cities-cop-i-am-ramsey-county-judge-gets-dui-anyway

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/dui-news/

Double Fatality DUI Crash Gets Trucker Convicted For 25 Years

A truck driver from Tennessee was sentenced to twenty-five years in prison for causing a crash that killed two people while he was intoxicated and driving with a revoked CDL back in 2016.Truck driver Randall Weddle, aged 55 was sentenced in a Knox County, Maine, court on March 23 after he was found guilty on fifteen charges, including aggravated DUI, failure to provide a specimen and manslaughter.The charges relate to a crash that happened two years ago and Weddle was placed out of service by the FMCSA for the same. Christina Torres-York, 45, and Paul Fowles, 74, were the two people who got killed in the said crash.

As per the FMCSA’s account regarding the fatal crash:

On March 18, 2016, Weddle was operating a large commercial truck for Tennessee-based R&E Logistics, Inc., USDOT No. 942198. At approximately 4:47 p.m., while traveling on Route 17 in Knox County, Maine, thetrailer portion of Weddle’s rig crossed the centerline, tipped over, and began scattering its load of lumber across the roadway. At the time of the crash, Weddle’s truck was traveling approximately 80 miles-per-hour in a posted 55 miles-per-hour speed limit zone.

As the truck and trailer and its load of lumber continued to slide down the roadway at a high rate of speed, a pick-up truck, an SUV, and a minivan, in turn, were struck. The pick-up truck was crushed, killing its driver. The collision with the SUVcaused it to roll over once before it collided with another vehicle. The minivan hit by Weddle’s truck was also partially buried under the lumber load; a fire ensued, engulfing the minivan. The sole occupant of the minivan was killed. Two additional crash victims were airlifted to the hospital.

During investigation it was found out that Weddle was in violation of several federal hours-of-service regulations that have been designed to prevent fatigued driving.Weddle had 48 driving crime convictions prior to the fatal 2016 crash, including 12 DUI convictions in four different states.

Read the full article here: https://cdllife.com/2018/trucker-sentenced-to-25-years-for-double-fatality-crash/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Driver Gets To The Hospital After Accident In North Cornwall

A crash that took place at the intersection of Rocherty and Quentin roads early Tuesdaysent a driver to the hospital. Thirty Five year old Jamie Showers of Lebanon was driving her vehicle westbound on Rocherty Road at the intersection of Quentin Road at6:44 a.m. Tuesday. As per the police, she attempted to make a left turn onto Quentin Road andshe failed to see a vehicle driven by Jessica Templin, aged 42, Lebanon, who was eastbound on Rocherty Road. Showers stated that she did not see Templin and thought it was clear to make the left turn. Showers, was however transported to WellSpan Good Samaritan Hospital and was cited for a turning violation.

Bethel

Fifty five year old Juan Fernandezcosme of Flushing, New York, was operating his vehicle while he was westbound on Interstate 78 at 7:32 p.m. Monday, when he lost control of his vehicle that caused it to roll on the roadway, according to state police at Lickdale. The vehicle stopped against the southern guide rail after rolling over. As per the police,Fernandezcosme received minor injuries from the crash and he was taken into custody for suspicion of driving under the influence of alcohol, and he refused to provide a breath sample. He was transported to central booking and got charges for a DUI.

Schuylkill

OvidiuAnca, aged 47, Kanata, Ontario, Canada, was driving his tractor-trailer southbound on Interstate 81 in the mile marker 104 area at 2:03 p.m. March 21 when the trailer began to sway on the snow-covered roadway as per the state police at Lickdale. The police stated that Anca lost control of the vehicle and hit a steep embankment causing the tractor to get pinned between the trailer and the embankment. No injuries were reported, and Anca was cited for driving on right side of roadway.

North Cornwall

Thirty eight year old Daniel Kreider of Lebanon was operating his vehicle southbound on North Mill Street at Oak Street at 4:21 a.m. Tuesday when he fell asleep and crossed the intersection and struck a broken utility pole before coming to a stop in a field. No injuries were reported.

Read the full article here: https://www.ldnews.com/story/news/crime/police-blotter/2018/03/28/north-cornwall-traffic-accident-sends-driver-hospital/462479002/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

8 People Injured On Icy Reno Roads With 15-20 Cars Involved In Thursday Crash

The Nevada Highway Patrol asked people to stay off the roads on Thursday evening after several multi-car crashes put the freeways in a shut-down state in the area. Officer Matt McLaughlin stated that around 15-20 cars piled up in a mid-afternoon shut down on the eastbound lanes of Interstate 80 east of Mustang. According to him the number of injuries was unclear, but McLaughlin stated that about eight people were transported by emergency response teams.

According to McLaughlin it was also virtually impossible to get from Carson City to Reno on Thursday afternoon, as northbound lanes on both Interstate 580 and Old U.S. 395 were closed. Another 15-20 car pileup triggered after a Nevada Highway Patrol Vehicle was struck and the I-580 closure was caused. McLaughlin stated that tow trucks and emergency response teams were working at “max capacity”.

In the northeast part of Nevada, the eastbound I-80 was closed for approximately four hours after two people were injured in a six-vehicle crash just before noon in the Carlin Tunnels west of Elko.NHP Trooper Jim Stewart stated that one victim suffered a possible broken leg but none of the injuries was considered life-threatening.However no one is reported to have been charged with a DUI or any other offence. In north-central Nevada, a record-breaking 3.6 inches of snowfall was reported in Winnemucca as it broke the old record of 2.9 inches set in 1919 according to the National Weather Service.

In the north of Reno, Stead, seven inches of snow had fallen.As per reports, the National Weather Service stated that 3.5 inches of snow was reported in three hours at Reno-Stead Airport and five inches was recorded in two hours in nearby Cold Springs during the Thursday morning commute. School was delayed two hours throughout Washoe County and five schools in Reno reportedly canceled classes. As per the forecast, up to 6 inches of snow was predicted into Thursday night at Lake Tahoe.

Read the full article here: https://www.rgj.com/story/news/2018/02/22/washoe-schools-2-hour-delay-snow-blows-toward-reno/362336002/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

The Problem of Detecting and Proving DUI in Case of Marijuana

Using Cannabis for recreational purposes is legal now in California and since DUIC has always been a crime, recreational cannabis will increase the DUIC cases. As in the case of driving under the influence of alcohol where some people who are innocent get arrested based on the standard used by police while making an arrest. The problem of innocent people being wrongfully arrested of DUIC is greater than DUI-alcohol because cannabis is different. A century-old research of alcohol consumption and driving impairment, it is generally believed that everybody who has blood alcohol content above 0.08 percent is under the influence of alcohol for the purpose of driving.

The law enforcement evaluation tools currently in operation are not proper for evaluating DUIC. A 12 step Drug Recognition Evaluation sponsored by the International Association of Chiefs of Police is designed to assist an officer to decide whether a suspect has recent prior exposure to one of seven drugs including cannabis and is not designed to help evaluate whether a person is impaired for driving purposes.

Police officers are forced to make DUIC arrest decision based on the evaluation tools that are ill-suited and observations associated with cannabis use according to their training like inability in crossing one’s eyes, dry mouth, red and watery eyes or the odor of marijuana among others. Cannabis consumption has the potential to cause impaired driving just like prescription medication, but simply driving a vehicle after consumption of Cannabis is not DUIC. So, until and unless there are more sophisticated and advanced methods of investigation, people are going to get charged with a DUI of cannabis and there will be a lot of innocents getting arrested.

Read the full article here: https://www.vcstar.com/story/opinion/columnists/2018/03/17/trouble-detecting-and-proving-marijuana-dui/433642002/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Drunk Canoeing Set to be Removed as an Impaired Driving Offence in Canada

 
The federal government may be gearing up to have stricter laws as far as drunken driving is concerned since marijuana has been legalized, it is also ready to let go of a law that put canoeists in trouble for having consumed a few drinks and then went on to canoe. Impaired driving charges attracted a lot of penalties such as automatic suspension of driving license, demerit points, steep fines, impounding of vehicle and installation of ignition unlocking devices. The police will no longer be able to impose such charges and will probably have to make do with other charges such as being intoxicated in public etc.

In the Ontario province the police is quite active and they patrol the area especially during the summers as the provincial government has stated that kayaks, canoes and inflatable rafts fall under the impaired driving laws. Charges were dropped in two cases where the defendants were in their canoes and were believed to have had a few drinks and the prosecutors decided that there wasn’t much in the cases to end up in conviction.

The criminal code currently stipulates that vehicles need to be motorized to be qualified under the impaired driving laws and also includes water-going “vessels” whether they are motorized or not. The term “vessels” has not been defined clearly and so leaves it open for the prosecutors and the police to decide its meaning. The definition of the term “vessels” is about to change as the vessel propelled by muscular power will not be included under the impaired driving laws. However, since the law is with regard to target those who endanger public, a person who causes harm to others while in a muscular powered “vessel” can still be charged.

Read the full article here: https://nationalpost.com/news/politics/canada-set-to-remove-drunk-canoeing-as-an-impaired-driving-offence

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Veteran Criminal from Pekin to Face the Wrath of Law Soon

It appears that time is up for a man from Pekin with quite a long criminal history. The forty year old Joshua Haynes has entered five guilty pleas and has convinced judges to vacate four of them along with prison sentences two of them produced. He has hired at least five public defense attorneys and aborted a trial just moments before it was about to start and was convicted in another. Haynes has been imprisoned four times in the past and has filed several motions that include claims of an inadequate representing counsel that kept him in Tazewell County Jail for 550 days on a bond of $100,000, a term he would have spent in a state prison much sooner with sentencing and convictions.

However, sentencing finally came in one of the cases pending against him. With the remaining two cases still pending against Haynes, he could face a prison term of around 36 years in all three cases. The Circuit Judge Thomas Keith gave 10 years of imprisonment to Haynes on Wednesday for possessing ingredients necessary for methamphetamine in a case that had begun in mid of 2016. The jury convicted him in July 2017 and he will remain in jail until sentencing on the pending charges of drugged driving with prior offences and violation of a protection order.

Haynes also faces a 20 year jail term in the DUI case filed in 2014 wherein he withdrew guilty pleas twice. In his third guilty plea that has an inclusion of a reinstated DUI charge, sentencing is set for March 15. Haynes made phone contact with his daughters while in jail while his ex-girlfriend who is the mother of the two girls had obtained a court order against Haynes barring any contact with them.

Read the full article here: https://www.pekintimes.com/news/20180208/past-catching-up-to-veteran-pekin-criminal

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/