Modesto Injury Lawyer Blog

The Modesto Police Department will be deploying a number of DUI saturation patrols throughout the month of December in an attempt to bust drunk drivers. The DUI patrols are a part of the city's continuing efforts to reduce the risks of drunk driving accidents in Modesto. With the holiday season upon us, motorists are expected to travel throughout the state to gather with friends and family members. Unfortunately, many of these holidays will involve alcohol beverages and many drivers will fail to arrange a safe way home, endangering everyone on our roadways.

The Department says it began enforcing its "Zero Tolerance" policy during the first two weeks of December, setting up patrols on the 2nd, 3rd, 9th and 10th. Officers will be looking for those who fail to designate a sober driver and who choose to endanger innocent motorists on our roadways.

Our Modesto drunk driving accident attorneys understand that there were 10 people killed and another 400 people injured because of drunk driving accidents in the city over the last three years. As we enter the holiday season the number of drunk driving accidents are expected to skyrocket. We're asking all drivers to party safely and to drive soberly through this holiday season.

The Modesto Police Department isn't the only organization out pushing for safe and sober roadways through the holiday season, Mothers Against Drunk Driving (MADD) is celebrating the fifth anniversary of its Campaign to Eliminate Drunk Driving.

For its fifth anniversary, the organization has released a new report that looks at each state's efforts to reduce the risks of drunk driving. Each state was rated out of five stars. The country overall ranked in at three out of five stars. That's not an excellent rating for combating some of the deadliest types of accidents on our roadways.

California was ranked with four out of five stars. Our state was recognized for starting our pilot program for interlock devices. While the pilot program only took place in four counties, covering 13 million people, the program should be expanded statewide, says the report. The report also suggested that our state consider toughening up the child endangerment law. This is the law that lists the punishments for drunk driving with a child in the vehicle.

"Drunk driving is still the deadliest epidemic on America's roads, killing approximately 11,000 people every year," said Ray LaHood with USDOT.

Drunk driving accidents cost the state more than $130 billion every year.

The $132 billion consists of:

-More than $60 billion in monetary costs.

-More than $70 billion in quality-of-life losses.

-The federal government dished out almost $5 billion of the costs.

-Local and state governments covered re than $3 billion of the costs.

-Employers contributed nearly $11 billion to the bill, which included nearly $4 billion for accidents that involved work trips and roughly $7 billion for accidents that happened outside of work involving employees and benefit-eligible dependents.

Continue reading "Local Police and MADD Pushes to Eliminate Drunk Driving Accidents in Modesto" »

Police will be out in full force this Memorial Day holiday weekend in an attempt to decrease risks of a car accident in Modesto. The Modesto Police Department Traffic Unit will be out on our roadways to conduct DUI and Driver's License checkpoints at a number of undisclosed locations. There will also be a special DUI Roving Saturation patrol during the upcoming holiday weekend, according to The City Of Modesto.

Our Modesto injury attorneys urge all motorists to practice caution on our roadways over this Memorial Day weekend. The city of Modesto has seen nearly 400 drunk driving accidents that have resulted in 6 fatalities and nearly 400 injuries over the course of the last 3 years. This holiday weekend brings an increased risk of serious and fatal accidents.

Overall traffic fatalities declined by more than 20 percent throughout the entire state of California during the past few years. The state saw a decrease from 3,995 fatalities in 2007 to 3,081 fatalities in 2009. Alcohol impaired traffic deaths made up the largest category of vehicle fatalities in 2009. More than 30 percent of all traffic fatalities were caused by a drunk driver.

These Memorial Day enforcement efforts are made possible through grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Officers would like to remind you that a DUI arrest can cost up to $10,000, time in jail, skyrocketing insurance and the loss of your driver's license.

The National Safety Council reports that the rest of the United States will be upping its enforcement this weekend to help prevent deadly vehicle accidents as well. The National Highway Traffic Safety Administration will be running their "Click It or Ticket" campaign through the entire weekend.

This campaign will also run through the first week of June. The "Click It or Ticket" campaign has been proven to be the most successful seat belt enforcement campaign ever. Statistics show that the campaign has contributed to the highest national seat belt usage rate - nearly 90 percent. Law enforcement agencies will be enforcing their zero-tolerance enforcement practices of all seat belt laws across the country throughout the campaign.

The NSC estimates that more than 300 people may survive the Memorial Day holiday weekend because they will have been wearing their seat belts. They also estimate that another 103 lives could be saved if everyone wore their seat belts.

A complete list of Memorial Day events in Modesto can be found on the Modesto Bee website.

Continue reading "Modesto Police Department Join Fight to Decrease Risk of Modesto Car Accidents" »

New in-vehicle technology being initiated by National Highway Traffic Safety Administration and Automotive Coalition for Traffic Safety could reduce the threat of habitual drunk drivers causing fatal

Our Modesto personal injury attorneys know the extreme risks drunk drivers pose to innocent motorists on the roads of California and across the nation. In 2009, over 10,000 fatalities occurred as a result of a drunk driving accident, according to the U.S. Department of Transportation, equating to 32% of total traffic fatalities for the year.

U.S. Transportation Secretary Ray LaHood and NHTSA Safety Administrator David Strickland were among the first to view the new Driver Alcohol Detection System for Safety (DADSS) at a demonstration recently held in Waltham, MA. Early in development, the proposed $10 million initiative will likely keep drunk drivers from being able to operate their car if their blood alcohol concentration (BAC) is detected to be at the legal limit of .08 or higher. One system determines BAC through a touch-based method while the other detects BAC through a breath-based approach.

Unlike ignition interlock devices, which are temporarily installed in the vehicles of some repeat offenders, the new technology could be much more permanent and could even be installed by the manufacturer.

Mothers Against Drunk Driving President Laura Dean-Mooney, also present at the demonstration, welcomed the progress of the DADSS research effort, saying, "Auto makers have stepped up to help turn cars into the cure. This project has made substantial progress and this technology could one day be an important step in our efforts to eliminate drunk driving."

California ranked at the top among states in 2009 for total traffic fatalities at 3,081 according to statistics reported by NHTSA. Data showed that alcohol was involved in 36% of fatal California car crashes in 2009. There were 1,118 fatalities when at least one driver tested positive for BAC of .01 or higher. Statistics show that nationally, drivers in fatal accidents with BAC over the legal limit are 8 times more likely to have a prior conviction than drivers who had no alcohol in their system at the time of a crash.

"Now that we have actual prototypes, a tremendous feat in itself, we'll be working to identify the gaps in performance between these prototypes and the precise standards we've identified as true technology requirements," said Shane Karr, Vice President for Federal Government Affairs at the Alliance of Automobile Manufacturers. "This will point the way forward for the next phase of research."

The new DADSS technology is expected to be a 5-year project. The next phase in development is a practical demonstration of the alcohol detection technologies which will likely take place later this year.

"Whatever the future holds for these advanced drunk driving prevention technologies, one thing remains clear; no technology can, or should, ever replace a driver's personal responsibility not to drive drunk," said NHTSA Administrator Strickland.

Continue reading "Risk of Modesto Drunk Driving Accidents Could be Eliminated by Technology" »

Sports fans will be gathering for one of the most year's popular kinds of parties this weekend, Super Bowl XLV.

Even if you aren't a fan of football, Super Bowl parties are entertaining affairs, typically filled with fun, friends, good food and plenty of drink. Our Modesto personal injury attorneys encourage you to drink responsibly and to be a responsible party host.

Drunk driving crashes are a leading cause of car accidents in Modesto and elsewhere. Nationwide, someone is killed in a drunk driving crash every 45 minutes, according to the National Highway Traffic Safety Administration

Appointing a designated driver can reduce the chances of you, a friend, or a loved one being involved in a serious or fatal injury.
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As part of a national campaign, the NFL, along with National Highway Traffic Safety Administration, the HERO campaign, and Mothers Against Drunk Driving are promoting the slogan Fans Don't Let Fans Drive Drunk. Offering to remain sober and to drive your friends home is a decision you won't regret.

Football is one of America's favorite pastimes, but fans can put themselves in serious danger if they don't plan ahead," NHTSA Administrator David Strickland said. "Whether you're at the game or watching from a sports bar or a friend's house, designate a sober driver before the game. And remember, Fans Don't Let Fans Drive Drunk."

Over 30% of all motor vehicle traffic fatalities were due to an alcohol-related crash in the U.S. in 2009. In 2009 fatal crashes, the rate of alcohol impairment among drivers involved was four times higher at night than during the day. California reported the most traffic fatalities for 2009 at 3,081 -- alcohol was involved in 1,118 (36%).

Hosting a Super Bowl party is the perfect way to control the environment for your friends and family. MADD offers the following suggestions to plan the perfect party:

-Refrain from offering mixed drinks. Mixers like club soda and tonic cause alcohol to be absorbed where fruit juices and sweet mixtures make guests want to drink more.

-As guests RSVP to your party, request the name of the designated driver so you know who is responsible for getting everyone home safely.

-Provide plenty of food and snacks, preferably with less salt. Salty food makes guests want to drink more.

-If some of your guests intend to drive but have had too much to drink, plan to step in and take control of the situation by offering them a ride home or a place to sleep for the night.

Continue reading "Super Bowl Weekend Increases risk of Car Accidents in Modesto, Stockton" »

As more and more details emerge from the long-running high-profile coverage of prescription medication abuse scandals allegedly responsible for the deaths of Michael Jackson and Anna Nicole Smith, our Modesto car accident lawyers know that illicit and prescription drug abuse is a frequent contributor to serious and fatal car accidents.

Now, a recent study by the National Highway Traffic Safety Administration reveals that post-mortem testing of fatally injured drivers reflects a spike in drug use by drivers involved in fatal car accidents. With that said, the NHTSA notes that drug involvement does not mean the driver was impaired or that drug use caused the crash. It does, however, validate the notion that prescription and over-the-counter medication use and abuse has emerged as a national issue when it comes to driver safety.

Based on the NHTSA's Fatal Accident Reporting System census, in 2009 one in three car accident fatalities involved drivers who tested positive for drugs in a post-mortem screening. This represents a five percent increase over the last five years despite overall falling numbers of drivers killed in car accidents nationwide.

"Drugged driving is a much bigger public health threat than most Americans realize and unfortunately, it may be getting worse," said Gil Kerlikowske, Director of National Drug Control Policy.

In 2009, the NHTSA reports that California screened 1,678 fatally injured drivers for the presence of an array of drugs (prescription and over-the-counter meds included). Of those, 388, or 23 percent tested positive.

The Chicago Sun Times reports that prescription drug abuse is the fastest growing drug problem in the U.S. That deaths from unintentional drug overdoses have increased five-fold over last two decades - killing more people than any other accidental injury save car accidents.

In 2007, prescription painkillers like OxyContin, Vicodin and fentanyl were responsible for more overdose deaths than heroin and cocaine combined.

The surge in prescription drug abuse was first documented in the 1990s and is linked to a change in how medical professionals address chronic pain management. Namely, docs are now writing more prescriptions for opioids, or synthetic opium, commonly administered to alleviate pain. More prescriptions led to more abuse.

A 2010 Centers for Disease Control survey of high school students found that one in five admits to having taken a prescription drug without a prescription. Drugs of choice include Ritalin, OxyContin and Xanax. White students lead the pack for abuse with 23 percent admitting to taking someone else's prescription medication; Hispanics follow at 17 percent, and African-Americans at 12 percent.

Female students were as likely as their male counterparts to abuse prescription medication. More than a quarter of seniors admitted to experimenting with prescription meds, as did 15 percent of freshmen.

Dispose My Meds estimates that nearly 4 billion prescriptions are filled in the U.S. each year and nearly a third of those drugs - roughly 200 million pounds of medication - go unconsumed. Since unfinished meds are a prime source for cribbing (and flushing them down the toilet has been linked to environmental damage), the site recommends taking the following steps to ensure proper disposal of any unused medication:

~ Take remaining meds from their prescription bottle.

~ Mix with an "undesirable" substance - used cat litter, coffee grounds, uneaten foods.

~ Seal mixture in a nondescript container and throw away.

Continue reading "Modesto car Accidents Frequently Caused by Drugged Drivers" »

Penalties for drunk driving in the state of California can be quite severe, especially for repeat offenses. The BAC (blood alcohol concentration) limit is .08 for adults 21 and over. Anything above this level is punishable by varying jail time, fines, license suspension, mandatory DUI programs and more. According to DrivingLaws.org, the state can issue the following consequences for driving drunk:

First DUI Conviction:
- Jail time: 96 hours up to 6 months
- Fine: $390 to $1,000
- License Suspension: 6 months
- Ordered to complete a DUI program
- May have to install an Ignition Interlock Device
- Required CA SR22 Insurance for Restricted License

Second DUI Conviction:
- Jail time: 90 days to 1 year
- Fine: $390 to $1,000
- License Suspension: 2 years
- Ordered to complete a DUI program
- May apply for restricted driver license
- Required CA SR22 Insurance for Restricted License

Third DUI Conviction:
- Jail time: 120 days to 1 year
- Fine: $390 to $1,000
- License Suspension: 3 years
- Habitual Offender Designation
- May apply for restricted license after 1 year
- Required Ignition Interlock Device
- Ordered to complete a DUI program
- Required CA SR22 Insurance for Restricted License

Fourth DUI Conviction (Within 10 years of previous convictions):
- Jail time: 180 days to 1 year
- Fine: $390 to $1,000
- License Suspension: 4 years
- May apply for restricted license after 1 year
- Required Ignition Interlock Device
- Ordered to complete a DUI program
- Required CA SR22 Insurance for Restricted License

Drunk driving is a serious offense with grave consequences in California. If you have been accused falsely of drunk driving, be sure to contact a DUI lawyer right away. A lawyer can examine your situation and the actions of police officers to determine your innocence.