Monthly Archives: January 2016

What Are the Typical Cases Handled by a Traffic Lawyer

laOne of the turning points in a young person’s life is the moment when he/she learns to drive. This signifies a transition to adulthood, responsibilities, and of course, the freedom and independence of having a vehicle. Driving is a skill that needs to be learned and practiced constantly. It is not enough to merely have a working knowledge of how to run the vehicle, it is vital to be fully informed of the rules of the road as well. Everyday roads in nearly every part of the globe are teaming with cars, some roads more than others, as evidenced by the traffic jams.

Driving Experience Level

Each of these cars is being commandeered by a driver with his or her own experience level. How different are each person’s driving style, really? There are two kinds of drivers according to studies:

  1. there are those take the education very seriously and earn their driving license, and end up being expert defensive drivers who are apt in avoiding accidents;
  2. and there are those individuals who seem to have a range of minor or major accidents every now and then. Some folks might call it luck, since the second type of driver considerably impacts all other drivers.

These are the types that are often in need of some expert guidance or legal advice from a traffic attorney.

Common Traffic Violations

The most typical traffic violations that drivers experience involve: parking violations, moving violations and various illegal vehicular or transport activities. Reckless endangerment of self, passengers or pedestrians, or driving under the influence are just some of the examples of illegal activities while driving. These types of road violations and their accompanying penalties vary depending on location or state. These violations can include the absence of child seats for safety, the absence of seat belts for drivers or passengers, the use of handheld mobile devices, and so on.

Traffic lawyer Assistance

However, across the United States, there are many moving, parking and traffic violations each day which need the assistance or guidance of a licensed traffic attorney. No parking zones, improper implementation of car signals, failure to stop for signs or red lights and improper turns are the most regularly ticketed driving violations. There are of course more severe violations that involve harming or threatening the lives of other people – driving without headlights at night, improper lane changes and lack of signals, or erratic driving regardless of reason. These instances can cause a drive to hit another vehicle or person by the road.

Road Safety First

There are numerous instances that can influence your case, and thus the hearing of your case in court. A driver’s background is essential to his case, and every detail will be scrutinized; so always bear in mind the consequences of failing to abide to any of the rules of the road whether, you are moving or parking. One wrong move can affect your life or someone else’s for the rest of your lives.

 

What Can a Traffic Lawyer Do for You

traWhenever you are having problems with the law, it is crucial to find a lawyer that will best suit your particular needs, to have a better chance of winning your court case; at the same time, you can avoid paying a heavy fine, among other penalties, or – if you are aiming for this – you can get a compensation for yourself. You will need a criminal layer for criminal court cases, while for divorce settlement, you will need a divorce lawyer.

The Type of Lawyer To Choose

It is extremely important to select the right type of lawyer that will be fit for the particular area of law involved in your case. This way, you can be sure that this lawyer has enough significant experience and expertise to help you in winning your case – which is better than having a wide range of knowledge that has less depth.

Role of Traffic Lawyers

When it comes to parking tickets and disputes over car accidents, traffic lawyers can provide help in these circumstances. In case you are caught speeding or violating a traffic rule, but you believe that it is not your fault, you can ask the help of a traffic lawyer to defend you so that you will not get marks on your license, plus you will not have to pay an expensive fine.

How Can Traffic Lawyers Help?

In any of the aforementioned situations, traffic lawyers can assist in several, different ways. When it comes to speeding ticket cases, there are several loopholes that can let you find a way out. For example, if a speed sign or a road sign appears to be unreadable or may be hard to decipher, you can argue that you are not aware of the speed limit and this can help prevent you from getting a ticket.

Various Circumstances

Traffic lawyers can provide help in a lot of related cases, since many times, drivers pay for speeding tickets which they should not pay for; furthermore, if they lose their license in the process, it will significantly change their lives for the worse. When it comes to road accidents, a traffic lawyer can either come to your defense or prosecute another party in a civil case. In such cases, the role of a criminal lawyer may coincide with that of a traffic lawyer, where you may be prosecuted for causing a crime while driving, like hit and run.

Evidences That Work to Your Advantage

If you are not guilty, there are a lot of small pieces of evidence which can work to your advantage. As an example, a spot on the street can let the court know where you stepped on the break or your exact trajectory. At the same time, witnesses and CCTV can add more to the evidences, as they show clear details with regards to the damage to property and vehicles. You will definitely find a traffic lawyer helpful in listing the names of possible witnesses, including their numbers and any other details that may be significant, later on. If you want to have positive results in your court case, you should definitely seek a traffic lawyer to help you with your legal issues.

 

Street Racing A Dangerous Pastime

defThe Fast and the Furious movie franchise has achieved a status of popularity that I am sure far exceeds the expectations of everyone involved in the making of these films. The producers of these movies may have had an inkling that they would be doing a sequel, but I doubt it ever occurred to them that there would be seven of these films made over the course of 14 years with an eighth in the series set to be released in 2017.

Fast cars, competition, drama, excitement, attractive men and women – these movies definitely have something to offer a vastly diverse audience. There is, however, one common element in each of them, and that is the exhilaration brought on by speed. Of course, this franchise is not the first time there has been mass exposure to the concept of street racing. It has been a core theme in many Hollywood productions such as Grease, Death Race 2000, and Cannonball Run, among others.

Street racing is not a new phenomenon, by any stretch of the imagination; however, we do seem to hear about it much more frequently these days. It’s probably impossible to determine if this is due to it happening more frequently, if accidents that result from its practice are more widely reported, or if it has simply grown in popularity. Whatever the reason, street racing may be exhilarating for those who participate in it, but it can often have tragic consequences.

Sometimes these races are set up among friends or associates – a matter of meeting at a certain place and time where there will be light traffic and fewer cops – but sometimes there seems to be little concern about these matters and the street racing may be impromptu between drivers who don’t know each other. It can result from as little provocation as one driver revving his engine at a traffic light and some sense of ‘machismo’ kicks in. (Although women are involved in illegal street racing, the drivers at such events are usually male.) It would seem that such was the case when, on July 1, 2013, a West Delray mother of two was the apparent victim of a street race gone wrong because it is believed that the drivers did not previous know each other.

According to reports, the woman was pulling onto a roadway shortly before 9 a.m. when she struck the passenger door of one of the cars speeding past her while threading in and out of rush hour traffic. After the initial impact, the other driver who was racing then plowed into the driver’s side of the woman’s car, killing her instantly. It is estimated that the two drivers who were speeding were traveling at speeds of approximately 100 mph in a 45 mph zone.

Sadly, this type of tragedy is not an isolated incident. Another such incident occurred in Tamarac late last year in which a popular 20-year-old woman was killed when the car she was riding in hit a palm tree. According to one account, the car was racing a motorcycle when the driver lost control of the vehicle and hit a tree. After examination of the car’s sensors, it is believed that the driver of the vehicle was speeding at 42 mph over the posted speed limit.

Generally, those involved in this type of activity tend to be young males, but as with everything in life, there are exceptions to that generalization. A 42-year-old man was arrested in Palm Beach County when law enforcement broke up a group of approximately 50 motorcyclists who were involved in racing. The 42-year-old is the only suspect that was unable to evade the officers. The charges he now faces are racing on a highway, reckless driving, and he wasn’t licensed to drive a motorcycle.

I have already mentioned the excitement that many may gain from street racing, but the costs can often be devastating. Sometimes it is the racers themselves who suffer the consequences of these actions, but all too often, the victims of street racing bear no culpability in what befalls them. In both of the heart-wrenching cases mentioned above, an innocent person lost her life. It is impossible to say if the second victim I mentioned was an active participant, but it seems clear that the first victim certainly had no awareness of what was taking place. She was, in fact, just on her way to work when calamity struck.

“All of our dreams and happiness now have been shattered,” the mother of this victim told a Palm Beach County circuit judge.

Even if it is not those who are speeding through our streets who are injured or killed, their lives are also devastated. In this case, the two men who were involved in this incident were only 22 and 23; one of whom was a college student. In the second incident, the driver was a 21-year-old Tamarac man who had plans to join the Marines. One of these promising young men pleaded guilty to vehicular homicide and is now serving four years in jail. Even after his release, he will still have to face four years of probation. If he violates his probation, he could receive 15 years in prison.

The mother of the victim, however, stated, “Whether it is one day in prison or 50 years in prison, our daughter will never return, but a proper prison sentence may discourage similar driving by you some day, and/or another person, and thus save an innocent victim.”

The second driver is charged with reckless driving, vehicular homicide, manslaughter by culpable negligence, and unlawful speed, but the case against him is still pending. It is expected that he will stand trial later this year.

In cases such as these, those engaging in street racing which results in someone’s death can be charged with vehicular manslaughter, vehicular homicide, or both offenses, as well as other charges. These charges can be either first or second degree felonies, the consequences of which can be as severe as life imprisonment or the death penalty.

Yes, speeding can be exhilarating, but in addition to the macho attitude of many who engage in street racing, the enticement of this practice also stems from the inherent understanding that it is patently dangerous. Anyone who engages in street racing surely realizes the risk involved or the rush they get from doing so would not exist. This action is much more severe than going a just few miles over the speed limit because you are late for work. The ramifications, both legal and otherwise, are usually much greater than that of an ordinary speeding ticket.

Unfortunately, the choice to speed at whatever level can end in more than just a traffic ticket. Life-altering consequences are certain if an accident occurs. Lives are lost, the lives of victims’ families are forever changed, and the lives of the drivers are also irrevocably altered.

 

Construction Zone Traffic Laws

buInstagramming photos, snapchatting, emailing and texting, these actions are all completed with the help of a smartphone. And according to the Pew Research Center, 56 percent of American adults own a smartphone. This means that these individuals are also of the driving age. Given this high percentage of smartphone ownership paired with American’s high car ownership rates, there’s a good chance that many of these individuals have participated in texting while driving at some point in time.

Given the pervasive influence technology now has on most people’s lives, it now seems that it has become a relevant issue when debating the severity of texting and driving vs. drinking and driving. This debate is a daily concern because both activities have greatly impacted the amount of car accidents, ranging from minor fender benders to serious car accidents involving fatalities. While drinking and driving has been banned by all 50 U.S. states, there has not been a law for texting and driving that extends to every state.

Texting Vs. Drinking Alcohol – Which is More Dangerous While Driving?

The imbalance in the way that national laws treat these two behaviors has sparked ongoing debate about which one is worse. While both are extremely dangerous and ill-advised while operating a vehicle, it can actually be determined through studies and statistics that texting and driving may be more dangerous to the individual driver, their passengers and fellow drivers on the road.

Texting and driving has become a deadly activity by forcing drivers to take their eyes off the road and become focused on another highly distracting activity. This type of distracted driving has led to almost 6,000 fatalities and over half a million injuries reported in 2008 by the National Highway Traffic Safety Administration.

A study by the Transport Research Laboratory in London also examined the dangers of texting and driving vs. drinking and driving. By testing response times, the researchers found that those who texted while driving had 35 percent worse response times than those that drove without any distractions. As for those under the influence of alcohol, their response times were 12 percent worse than sober drivers. This study confirmed the belief that the risks associated with texting and driving may actually be even worse than drinking and driving.

In the end, just because one is worse than the other doesn’t mean that either one should be tolerated. It is important when driving to stay alert and practice safe driving techniques. Avoiding mixing alcohol consumption with driving, and putting your cellphone away when you are behind the wheel, are great ways to keep you, your passengers and fellow drivers at a lower risk of harm. Drinking and texting are voluntary behaviors and it’s up to you to make sound decisions when operating a vehicle. If you become a participant of these types of distracted driving, know that personal injury lawyers are always available to help you with your case.