refer Chicago Tribune May 6, 2014

65% of kids in the fatal crashes are riding with impaired driver, study says

If, as authorities allege, a Romeoville man was driving drunk when he struck a median on Interstate 55 and contributed to the death of his 4-year-old son, the incident is an example of an unsettling characteristic in impaired driving deaths nationwide.

Sixty-five percent of children killed in crashes involving an alcohol-impaired driver ride with the impaired driver, according to a decadelong study published Monday. Overall, about 1 in 5 child passenger deaths in the U.S. involve an alcohol-impaired driver, the study authors report.

Dr. Kyran Quinlan, lead author of the analysis and a pediatrician at Erie Family Health Center in Chicago, said many people think impaired-driving deaths among children usually occur when an impaired driver strikes the car in which the children are riding.

The study results represent “a pattern that’s different from what most people might expect,” Quinlan said.

The article, published in Pediatrics, the official journal of the American Academy of Pediatrics, states, “Alcohol-impaired driving remains a substantial threat to the safety of child passengers in the United States.”

The authors suggest expanded use of sobriety checkpoints, tougher enforcement of DUI laws and seat belt laws — especially at night — wider use of ignition locks and even increasing the price of alcohol to reduce the problem.

“These are tragedies that we’ve got to find ways to prevent,” Quinlan said.

The I-55 crash occurred shortly after 2 a.m. Sunday, when, authorities contend, Shannard M.L. Dyer, 29, of Romeoville, was driving a Dodge Journey on I-55 in Bolingbrook. After striking the concrete median wall, the SUV flipped and ejected all three passengers in the back seat, the Illinois State Police said.

Taylor Dyer was pronounced dead at 3:40 a.m. at the scene, according to the Will County coroner’s office. The two other boys, ages 2 and 7, were taken to Lutheran General Hospital in Park Ridge. Condition reports were unavailable Monday.

Shannard Dyer was taken to Advocate Good Samaritan Hospital in Downers Grove, and he was charged Monday with six counts of aggravated DUI. He also was cited for driving too fast for conditions, state police said.

Police took Dyer into custody upon his release from the hospital Monday, and he may be in bond court Tuesday afternoon, state’s attorney’s office spokesman Charles Pelkie said.

The Pediatrics report noted that during the study period — 2001 to 2010 — 2,344 children under age 15 were killed in crashes involving at least one alcohol-impaired driver.

Illinois, which recorded 42 of those deaths during that time, holds one of the lower rates of child passengers killed in crashes involving impaired drivers, the study found. South Dakota had the highest rate. New Jersey, New York and Massachusetts registered the lowest rates.

Of those 2,344 deaths, 1,515 of the children were riding with an impaired driver, according to the study, which analyzed data from the National Highway Traffic Safety Administration. In addition, those impaired drivers were more likely to be male, convicted of DUI in the past three years and be without a valid driver’s license, the authors said.

Most of the drivers in those cashes survived, the study reported, a trait suggesting that a certain number of the children killed might have survived had they been properly restrained.

On the encouraging side, the number of children killed riding with an alcohol-impaired driver decreased by 41 percent during the study period. That trend mirrored substantial reductions in child passenger deaths, alcohol-impaired driving deaths and total motor vehicle deaths during that time, the report stated.

Shannard Dyer had been ticketed for traffic violations four times since July 2012, according to Will County records. Those violations included running a stop sign, driving 81 mph in a 55-mph zone and traveling at 50 mph in a 35-mph zones. In those three cases, he pleaded guilty or was found guilty and paid fines, records show.

His most recent traffic citation before Sunday’s crash was an improper lane usage ticket that Romeoville police issued April 12, records indicate.

In 2009 he pleaded guilty to speeding in a construction zone in DuPage County and received supervision, records show. He also has a pending resisting a peace officer charge and traffic charge in Cook County, stemming from a December incident, according to records.

Along Dyer’s street in Romeoville, a neighbor described the family as “super private, super quiet” and said the home was the site of large family gatherings in the summer. The neighbor, who asked not to be named, said she spoke to Dyer only in passing and that he was a hard worker.

“They’ve always been very polite, very nice,” the neighbor said. “When he’s home, he’s outside playing with those kids. My heart breaks for all of them.”

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

article from admin

Battery: Definition

Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. Under this general definition, a battery offense requires all of the following:

• intentional touching;
• the touching must be harmful or offensive;
• no consent from the victim.

Battery: Intent Requirement

It may come as some surprise that a battery generally does not require any intent to harm the victim (although such intent often exists in battery cases). Instead, a person need only have an intent to contact or cause contact with an individual. Additionally if someone acts in a criminally reckless or negligent manner that results in such contact, it may constitute an assault. As a result, accidentally bumping into someone, offensive as the “victim” might consider it to be, would not constitute a battery.

Battery: Act Requirement

The criminal act required for battery boils down to an offensive or harmful contact. This can range anywhere from the obvious battery where a physical attack such as a punch or kick is involved, to even minimal contact in some cases. Generally, a victim doesn’t need to be injured or harmed for a battery to have occurred, so long as an offensive contact is involved. In a classic example, spitting on an individual doesn’t physically injure them, but it nonetheless can constitute offensive contact sufficient for a battery. Whether a particular contact is considered offensive is usually evaluated from the perspective of the “ordinary person”.

Some jurisdictions have combined assault and battery into a single offense. Because the two offenses are so closely related and often occur together, this should probably come as no surprise. However, the basic concepts underlying the offense remain the same.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

article by admin findlaw

Assault: Definition

The definitions for assault vary from state-to-state, but assault is often defined as an attempt to injure to someone else, and in some circumstances can include threats or threatening behavior against others. One common definition would be an intentional attempt, using violence or force, to injure or harm another person. Another straightforward way that assault is sometimes defined is as an attempted battery. Indeed, generally the main distinction between an assault and a battery is that no contact is necessary for an assault, whereas an offensive or illegal contact must occur for a battery.

Assault: Act Requirement

Even though contact is not generally necessary for an assault offense, a conviction for assault still requires a criminal “act”. The types of acts that fall into the category of assaults can vary widely, but typically an assault requires an overt or direct act that would put the reasonable person in fear for their safety. Spoken words alone will not be enough of an act to constitute an assault unless the offender backs them up with an act or actions that put the victim in reasonable fear of imminent harm.

Assault: Intent Requirement

In order commit an assault an individual need only have “general intent”. What this means is that although someone can’t accidentally assault another person, it is enough to show that an offender intended the actions which make up an assault. So, if an individual acts in a way that’s considered dangerous to other people that can be enough to support assault charges, even if they didn’t intend a particular harm to a particular individual. Moreover, an intent to scare or frighten another person can be enough to establish assault charges, as well.

We will discuss Battery in the next blog…

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

findlaw by admin

Given the rise in boating injuries and fatalities by recreational and commercial boaters, convictions for boating under the influence can have severe consequences.

You could have a criminal record, not simply a fine like a traffic ticket.

Recreational boat operators could have their boating licenses suspended or revoked. Repeat offenders could face higher consequences, as do boaters convicted of BUI while minors were on board, or who gave alcohol or drugs to minors on the watercraft. Your driver’s license may also be affected by a BUI conviction.

Commercial boat operators could lose not only their license, but their livelihood.BUI convictions can also generate monetary fines and affect your boat and car insurance rates. A court or administrative judge may also require people convicted of boating while drunk or under the influence to get alcohol and drug counseling.

A felony conviction could mean you lose your right to vote.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

information by admin

The U.S. Coast Guard warns that “alcohol is more hazardous on water than on land.” The federal law enforcement agency cautions that BUI regulations exist to prevent and minimize the possibility that an intoxicated person will operate a vessel on the water, reduce the threat of harm to oneself and others, and use criminal and civil laws to discourage operating a boat or watercraft while drunk or under the influence of narcotics. Federal and statute authorities can pull the operator of a boat or other watercraft over, just like on the highway or street if you are suspected of drunk driving. Different factors can affect a boat operator’s physical and mental abilities while on the water. These include heat, sun, noise, wind, glare, and the motion of a boat on the water for a long period of time. These factors are often referred to as ‘boater’s fatigue.’ If alcohol and drugs are also involved, one’s ability to safely operate a vessel on the water can be severely affected.

Law enforcement officials may also set up BUI checkpoints on the water, just like roadside DUI checkpoints, to question and check boat operators for Boating Under the Influence (‘BUI’). Some states do not even require ‘probable cause’ before law enforcement officials can board your boat. In Delaware, they can just do it.

Will address more Boating Laws in next blog posting……..

An experienced lawyer knowledgeable about defending DUI and BUI cases can help you know your rights and legal defenses to charges of boating while drunk.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

 artictle from Findlaw by admin

                                  Summer Time……. Boats On The Water

States have drunk driving laws that were enacted to help keep drivers, passengers, and the community safe. But did you know that every state and the federal government have laws against Boating Under the Influence (‘BUI’) that allow law enforcement officials to stop boats and other watercraft, and make sure that boat operators and their passengers are safe enough to be allowed on the water?

Being charged with BUI can put your legal freedom at stake, and have serious financial consequences. You could have a criminal record, face jail time, incur heavy monetary fines, and face increased boater and auto insurance rates.

A rise in alcohol and drug-related boating injuries and fatalities prompted state legislatures to enact BUI laws. Over half of all boating accidents involve alcohol or drugs, and alcohol is the leading contributing factor in fatal boating accidents, according to the Insurance Information Institute. The U.S. Guard reports that BUI incidents increase boating fatalities by approximately thirty-four (34%) percent.

Whether you operate a fishing boat, sailboat, yacht, personal watercraft, or sailboard, you could be charged with BUI. Just like driving under the influence (‘DUI’), legal penalties can range from civil fines and the forfeiture of your boating license, to prison time in criminal cases for causing a death while boating under the influence of alcohol or drugs.

Since boating accidents and injuries rise dramatically when the weather is warmer, it is important to annually review boating safety requirements, and know how boating while intoxicated (‘BWI’) and BUI laws and regulations affect you.

We will discuss more laws on Boating in next blog

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

NOLO

information by Admin

DUI Law News

Unfortunately, yes, you can get a DUI even if you weren’t driving the car. A common DUI question is whether a person can be charged or convicted of a DUI even if they were not driving when they were cited for DUI. This typically happens when people are parked in a parking lot getting ready to leave or waiting for somebody. I have seen it happen when people pull off the road because they think they may have had too much to drink and shouldn’t be driving.

The bad news is yes; you can be charged, cited and or arrested for DUI even if you were not driving when the police contacted you. The good news is that it is that it may be difficult for the prosecutor to convict you of DUI if you were not driving when the police contacted you. If you are in this situation, I highly recommend you get an experienced DUI Lawyer to help you. You need a good lawyer because although you have a very good defense to your DUI charge, not every lawyer will understand exactly how to defend this particular issue.

DUI cases that involve people not driving are referred to as Actual Physical Control cases and commonly called “APC cases.” Driving is easy to understand, either you are in your car and your car is in motion or not. On the other hand, actual physical control of a motor vehicle applies when your vehicle is parked. You can be charged with DUI if you are just sitting in your car with engine running trying to stay warm until your ride comes. You can be charged if you have pulled off of the road and shut the car off, but left the keys in the ignition. I have even see prosecutors claim an individual was in actual physical control of their car even though the engine was off and the keys were out of the ignition, sitting on the passenger seat.

DUI prosecutions arise even when the person is not in their car when police arrive. A common scenario I have seen is after a car accident, people leaving their cars and then later, after the police arrive, admitting to the police they were driving. In many cases, the police did not have probable cause to make a DUI arrest until the suspect started offering information to the police and then admitted they had been driving. It is surprising and unfortunate to see people incriminate themselves this way. Again, the good news is that if you have a case like this, you might be able to beat your DUI. You might have a winnable case, but you definitely have a case that should be fought – and fought hard by an attorney who knows how to do it. There are many legal nuances that come into play in these types of cases. Therefore, in these situations, I always recommend you get the assistance of an experienced DUI lawyer.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.