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March 8, 2013

New Rhode Island DUI Legislation Targets Under-21 Drivers

Rhode IslandNew Rhode Island DUI Legislation is cracking down on underage drunk driving with a batch of bills that will strengthen the state’s current DUI laws and improve highway safety. One of these bills, which were presented to the House Judiciary committee on Tuesday, March 5, aims to close a loophole in the state’s DUI laws.

Currently, the legal blood alcohol concentration (BAC) limit for adults over the age of 21 is .08, at which point the charge is a criminal offense. Yet for drivers under the age of 21, the BAC limit is .10 before drinking under the influence becomes a criminal offense.

The proposed bill was created after Alexander Whitehouse, the underage son of Sen. Sheldon Whitehouse, was arrested in 2012 for driving while intoxicated. Despite registering a BAC of .091, Whitehouse was let off with a non-criminal driving while impaired charge because his BAC was under the .10 limit. Now legislators are pointing out that it doesn’t really make sense to treat drivers under the age of 21 less severely than those of legal drinking age, especially when those drivers are already committing the illegal act of underage drinking.

However, when the the legal limit was changed to .08 ten years ago, lawmakers did not intend to exclude drivers under the age of 21, according to Rep. Donald Lally, who spoke to NBC10 News on the issue and stated that the 18-to-21-year-olds just slipped through.

Other DUI-related bills to be presented include:

  • Allowing courts to order the use of an ignition interlock system as a condition of a sentence for any alcohol-related driving offense, rather than just on second and any following offenses
  • Extending the state’s “look back” period on repeat alcohol-related driving offenses from 5 years to 10 years
  • Increasing the penalties and penalty range for DUI convictions resulting in death or serious bodily injury and adding “driving under the influence resulting in injury” as a criminal offense

Article by Editorial Staff Filed Under: Laws, News

March 8, 2013

Aggressive Driving: Tips to Keep Your Cool on the Road

Aggressive driving continues to be a serious problem on the road and is the cause of more than half of all traffic accidents. In fact, 56 percent of fatal car crashes are at least a partial result of aggressive driving behavior, according to AAA Foundation for Traffic Safety.

Fortunately, February is Aggressive Driving Awareness Month, the perfect time for all drivers to reflect on their driving habits, become more aware of aggressive driving, and spread that awareness throughout their community to decrease the number of traffic accidents resulting from aggressive behaviors and promote a safe, friendly driving environment.

While you might define aggressive driving as “road rage,” the two terms are not interchangeable, though one can certainly be a cause of the other. According to the National Highway Traffic Safety Administration (NHTSA), road rage is a criminal act in which driver uses his or her vehicle to assault another person with willful disregard for safety and the intention of causing harm while aggressive driving occurs “when individuals commit a combination of moving traffic offenses so as to endanger other persons or property.” (Source: http://www.nhtsa.gov/Aggressive)

According to NHTSA, running a red light is considered the most dangerous aggressive driving behavior (Source: http://www.nhtsa.gov/people/injury/enforce/aggressdrivers/aggenforce/define.html).

No matter what other drivers are doing around you, always act courteously to avoid making the situation worse. Not sure what to do when confronted by an aggressive driver? Follow these tips:

  • Don’t engage aggressive drivers
  • Keep your distance
  • Avoid eye contact
  • Don’t respond with obscene language or gestures
  • Don’t pull off to the side of the road to confront an aggressive driver

If an aggressive driver follows you or continues to put you in harm’s way, do not get out of the car or drive home. Instead, drive to a well-populated area and call the local police for assistance and to report the driver.

Are you an aggressive driver? Follow these tips to keep your cool on the road:

  • Keep your emotions and stress levels in check and avoid driving while angry
  • Give yourself enough time to drive to your destination and allow for delays
  • Keep a three-second distance between you and the vehicle ahead of you
  • Use your turn signals when turning and changing lanes
  • Let aggressive tailgaters pass and don’t tailgate other drivers
  • Use your horn sparingly
  • Focus on the road and your surroundings and avoid distracting activities, such as eating or talking on the phone
  • Remain in one lane rather than weaving in-and-out of traffic
  • Thank other drivers who let you cut in or signal an apology if you perform an accidental action, such as forgetting your signal when changing lanes, that other drivers might mistake for aggressive behavior

Increase aggressive driving awareness in your community by reporting aggressive driving to the proper authorities and campaigning for new or improved aggressive driving programs in your community, city, or state.

Article by Editorial Staff Filed Under: Opinion

March 5, 2013

What is a Drug Court?

Drug CourtDrug Courts are “problem-solving courts” that offer eligible drug-addicted offenders the opportunity to receive court-supervised treatment in lieu of the traditional justice system’s jail time. Think of it as a court-run treatment program in which judiciary, prosecution, defense bar, probation, law enforcement, mental health, social service, and treatment communities work together to help non-violent offenders recover from addiction, restore their lives, and become productive citizens.

During participants’ 12-month minimum treatment term, these institutions

  • Provide treatment and other services required to get and stay sober
  • Conduct frequent and random drug testing
  • Provide comprehensive supervision and require participants to appear regularly in court for a progress review by the judge
  • Hold participants accountable for meeting their obligations and provide incentives and sanctions for doing well or failing to meet obligations

Research shows that Drug Courts effectively decrease crime, save money, ensure compliance, fight meth addiction, and restore families. But they aren’t just effective… Research also reveals that these specializes Courts are more cost-effective and more successful at reducing drug use and crime than jail/prison time or probation and treatment alone. Check out the numbers on how effectively Drug Courts work!

The first Drug Court was formed in Miami-Dade County, Florida in 1989. Now there are over 2,600 are in operation in all 50 states and U.S. territories. Different types of Substance Abuse Courts and other courts have also evolved from the original Drug Court model, including versions for Adults, Families, DWI Court, and, the newest model, Veterans Treatment Court.

Article by Editorial Staff Filed Under: Laws

March 1, 2013

Skiing While Intoxicated Has Serious Consequences

SWI LawsNo one needs to point out that skiing and snowboarding while under the influence of alcohol is dangerous. Yet, it’s common for skiers and snowboarders to enjoy a round before hitting the slopes or to take a few swigs from a flask while heading up on the chair lift. But did you know that in some states where skiing and snowboarding are common it’s illegal to ski or snowboard while intoxicated by or under the influence of alcohol?

While drinking and skiing/snowboarding won’t get your equipment revoked, it can cost you a fine, jail time, or both, depending in which state you commit the crime:

  • Colorado – Under The Ski Safety Act, using any ski slope while one’s ability is impaired by alcohol or while one is under the influence of alcohol is a class 2 petty offense that can result in a fine of up to $1,000, if convicted. C.R.S.33-44-109 (9) and (12).
  • Wyoming – In Wyoming, the same crime is considered a misdemeanor that can result in up to 20 days in jail, a fine of up to $200, or both. WY Stat 6-9-301.
  • Nevada – In Nevada, skiing or snowboarding while intoxicated or under the influence of alcohol is a misdemeanor, which is punishable by up to six months in jail, a fine of up to $1,000, or both. Nevada’s ski safety provision also notes that any skier or snowboarder responsible for injuring another person in a collision must provide his or her name and address to the injured person, operator, or a patrol member either before leaving the scene of the collision or as soon as possible after leaving the scene to move the injured person to safety. Failing to do so is also a misdemeanor. NRS 455A.170 and NRS 193.150.

But a small dent in your bank account and possible jail time are the least of your worries when it comes to skiing or snowboarding while you’re drunk. As Nevada’s provision implies, skiing or snowboarding while impaired can affect your ability to perform, which puts yourself and others in danger of injury or death.

In a sport where one is moving at fast speeds that require you to be highly alert and aware of your surroundings, impairing your ability to perform with alcohol can be fatal. Just like driving while intoxicated, skiing or snowboarding while intoxicated has the potential to cause physical harm to yourself and others, and, just like drinking and driving, can result in civil or criminal liability.

It makes you wonder…were those beers you had at lunch really worth it?

However, exchanging stories over a cold beer, warming up with a hot toddy or hard apple cider, and socializing over other alcoholic beverages is a big part of the skiing culture, and no one is asking you to give up the tradition. If you decide to drink alcohol while at your favorite ski resort, keep these tips in mind to ensure a fun yet safe experience:

  • Wait to imbibe until after you’re finished skiing. Not only will your performance be better while you’re sober, but you’ll have something to look forward to when you’re ready to relax at the end of the day.
  • Limit your alcohol consumption to one or two drinks if you plan on hitting the slopes the next day. Skiing through a bad hangover is just as dangerous as skiing while drunk.
  • Keep in mind that many hot alcoholic beverages include a lot of sweeteners that can hide the taste (and strength) of alcohol, so be careful not to over consume.
  • Remember that the effects of alcohol increase at higher altitudes, meaning you’ll feel those effects and be considered under the influence sooner and with less alcohol consumption than normal.
  • Don’t drink and drive. Appoint a designated driver or call a cab if your room isn’t within walking distance.

As we enter that popular last stretch of the ski season, we hope that by increasing awareness of these laws and why they’re in effect, people will think twice before consuming alcohol before skiing or snowboarding.

Article by Editorial Staff Filed Under: Laws, Opinion

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