El Cajon, California Man to Face Trial for Drunk Driving Accident
El Cajon, California Man to Face Trial for Drunk Driving Accident
Author: Robert Reeves
An El Cajon, California man will stand trial in a drunk driving accident case that occurred in July of this year. 35-year-old Shannon Shimp is charged with two counts each of murder, as well as gross vehicular manslaughter in the deaths of Ian Kinney and Joseph Warren Edwards. The accident took place on Highway 78 on July 22nd. 19-year-old Tessa Medearis was in a Lexus with her boyfriend, 19-year-old Ian Kinney. A pickup driven by Shimp attempting to pass three vehicles skidded out of control, and into the westbound lanes. It crashed into the Lexus, which was also westbound, ending up on top of the car. Ian was killed instantly. Also killed was Shimp’s passenger, 58-year-old Joseph Warren Edwards. Both men died at the scene. Ian left behind his parents, while Edwards is survived by his wife. Tessa suffered moderate injuries, and had to be extricated from the wreckage. After the accident, Shimp, who had suffered injuries in the car accident, was taken to the hospital for treatment of his injuries, and then arrested on suspicion of driving under the influence. He was found to have been driving with a blood alcohol level of 0.19 when tests were conducted two hours after the car accident. On Wednesday, Tessa appeared in court to testify about the car accident that killed her boyfriend. The Superior Court Judge ruled that there were grounds for a trial. There will be a hearing on December 3rd to decide on a date for the trial. For the two families that lost the most in this tragedy, it seems like justice gets nearer every day. They have had to face the pain of losing their loved ones though no fault of their own. California has a multi-pronged approach to dealing with the DUI menace. Not only does it have some of the most severe drunk driving laws in the country, but it has also had a significant amount of success in bringing down accident rates in the state, through better awareness programs for motorists, stronger checks and monitoring of drivers, as well as graduated licensing programs for teens that encourage them to be fully educated before they are allowed to drive on their own. The stringency of these laws has led to criticism from groups who believe that license suspensions and the focus on passing breath tests, are unfair. When we continue to have drivers like Shimp who think nothing of tanking up with alcohol that’s more than twice over the legal limit, it’s clear that these criticisms are baseless.
Article Source: http://www.articlesbase.com/personal-injury-articles/el-cajon-california-man-to-face-trial-for-drunk-driving-accident-673381.html
About the Author:
The Reeves Law Group is a California law firm of dedicated California Accident Lawyers & Personal Injury Attorneys . Need a California Car Accident Injury Lawyer, Auto Accident Attorney , or a California Drunk Driving Accident Lawyer ? Call (800) 644-8000 for a free consultation.
Driver Faces Felony Charges After Fatal Yuba City, California Drunk Driving Accident
Driver Faces Felony Charges After Fatal Yuba City, California Drunk Driving Accident
Author: Robert Reeves
A Yuba City, California driver can expect to be charged in connection with a drunk driving accident in which two of his close friends were killed. The accident that occurred on Highway 99 near Live Oak, California on November 16th, is just one more reminder of the needless risks we take with the lives of those closest to us when we drink and drive. The driver in this car crash, 20-year-old Abdul Umar Hay, was returning from an all-night party with his friend Rafael Courtland Walker and Matthew Stephen Fair. Initial reports say that Hay must have dozed off at the wheel, causing the car to zip though a stop sign. A short while later, it was broadsided by a Ford Explorer. The impact of the crash caused Hay’s car to be pushed over into a nearby orchard. Both Walker and Fair were declared dead at the scene of the car accident. Both were 20-years-old. Hay was the only survivor, and was arrested on suspicion of drunk driving. He can now expect to be charged with felony vehicular manslaughter and felony driving under the influence causing injury. He doesn’t have a previous criminal record, but could be looking at a minimum of 6 months in prison, if found guilty. The reactions of Walker’s and Fair’s parents were a study in contrast. Fair’s father remains indignant at the thought of a six-month sentence for the man he holds responsible for killing his son, while Walker’s mother, who is a member of MADD (Mothers Against Drunk Driving), insists that prison time is not an appropriate sentence. Last Friday, the families of the two victims took part in a memorial service that celebrated their lives. You have to understand Richard Fair’s anger. Matthew was his only son and whether the two victims in the car had also consumed alcohol or not, the fact is that only Hay was in charge of driving them home. At 20, Hay is looking at an irredeemable stain on his record. This young man has a lifetime ahead of him, and has voluntarily cast a pall over his ambitions and his future through his negligent actions. Hay will have to deal with a lifetime of guilt for the deaths of his two friends. Underage drinking continues to be a problem, and is cited as a factor in too many California drunk driving accidents for us to take any debate on lowering the drinking age seriously, as proposed by many college deans. What’s needed to tackle the problem is not lowering the drinking age, and giving every 18-year-old in California carte blanche with alcohol, but a joint effort by parents, college administrators as well as the community. In Yuba City, for instance, many parents including Walker’s mother, Jean Hammonds, believes that the area just doesn’t offer enough recreation opportunities for the young to let off steam. The result is underage drinking binges like the one that took place here, and the tragic drunk driving accidents that result from these.
Article Source: http://www.articlesbase.com/personal-injury-articles/driver-faces-felony-charges-after-fatal-yuba-city-california-drunk-driving-accident-673378.html
About the Author:
The Reeves Law Group is a California law firm of dedicated California Accident Lawyers & Personal Injury Attorneys . Need a California Car Accident Injury Lawyer, Auto Accident Attorney , or a California Drunk Driving Accident Lawyer ? Call (800) 644-8000 for a free consultation.
Underage Drinking And Motor Vehicle Accidents
Underage Drinking And Motor Vehicle Accidents
Author: Henry Hawthorne
Alcohol plays a significant role in motor vehicle accidents involving teenagers. Although they are less likely than adults to drive after drinking alcohol, their risk of being involved in an accident while intoxicated is much higher than adults. Teenagers are relatively inexperienced with drinking and driving, thus combining these two activities results in frequent accidents, even at low or moderate blood alcohol concentrations (BACs).
One of the proven methods to reduce drinking and driving among teenagers has been minimum alcohol purchasing age laws. For a number of years, the minimum age for purchasing alcohol was 21. In the 1960s and 70s, that minimum was lowered to 18 or 19 years of age. Studies of that change have shown that there was an increase in the number of under-21 drivers involved in fatal nighttime accidents. As a result, states later raised the minimum purchasing age back to 20 or 21, which then brought about a reduction in nighttime fatal crashes.
In 1984, 23 states had returned the purchasing age back to 21 years old. Since it was proven that this age increase saved lives, federal legislation was created to withhold highway funds from states that did not raise the age again. In 1988, all 50 states, including the District of Columbia, followed suit and returned the alcohol purchasing age to 21 years.
Underage drinking is still a problem however. In some areas of the country, 19-20 year olds are still able to purchase alcohol because of lack of enforcement of the laws. Both high school students and college students under 21 have been able to buy alcohol as some purchasers fail to ask for proof of age. Even when buyers are asked for identification, however, students are sometimes still able to purchase alcohol using false identification. In the past few years there has been a push to crack down on underage alcohol purchases. Laws that have been show to curb underage drinking were already in place. The missing factor was that communities needed to step up enforcement of these laws to make them more effective.
There are many health risks involved with underage drinking that should make reducing the prevalence of it a priority. As the body develops through puberty, various hormones and growth factors are released that are vital for normal organ development and function. Excessive amounts of alcohol before or during this stage of development can adversely affect the body. Another example is liver damage. Elevated liver enzymes indicate some degree of liver damage, which has been found in some adolescents who drink alcohol. Most importantly is the brain. Studies on animals have shown that if the animal is given alcohol while the brain is developing, subtle changes that occur can cause long-lasting impairments. It’s not entirely clear what changes the alcohol produces, but there is a strong possibility that excessive adolescent alcohol consumption can have lasting effects on memory and learning skills.
The reasons for drinking while underage are many: a chance to be independent, fitting in with friends at school, just another risk-taking behaviors, as well as many others. Whatever the reason, however, the health effects can be severe. Car accidents and brain and body development risks are only a small part of the big picture. Underage drinking is a problem that should be taken seriously by everyone in order to find a solution soon.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Article Source: http://www.articlesbase.com/law-articles/underage-drinking-and-motor-vehicle-accidents-584245.html
About the Author:
A Minnesota personal injury lawyer at a local law firm can provide you with an experienced Minnesota attorney .
Drunk Driving Accidents – What You Must Know
Drunk Driving Accidents – What You Must Know
Author: Rex Bush, Doctor Of Jurisprudence, Attorney At Law
Drunk driving accidents are completely preventable. They are also taken very seriously and drunk drivers face extreme punishment under the law. Most states have strengthened their drunk driving laws to include severe punishments for even first time offenders. If you are involved in a drunk driving accident then you need to be aware of what may happen if you were behind the wheel.
Understanding Drunk Driving
Many people are guilty of drunk driving. For a lot of those people, they were unaware that they were drunk enough to be considered over the legal limit. The legal limit for the amount of alcohol a person can have in their system while driving varies from state to state. Most states, though, have very strict limits.
In some states, a person is considered drunk if they have consumed a 12 ounce beer, 5 ounces of wine or a 1.5 ounce shot of whiskey. Many people think that having one drink is fine and that they are legal to drive, but as you see, that is often not the case. Even if you are in a minor accident, being found to be under the influence of alcohol means you will be charged with drunk driving. You will face harsh penalties.
Defenses of Drunk Driving
If you are involved in an accident and have been charged with drunk driving you will need to seek legal assistance right away. There are some defenses that can be used to fight drunk driving charges. Such defenses can help keep you from losing your license or from going to jail. Only an experienced lawyer, though, can help you to win your case in court.
While you may not be able to completely get off from the drunk driving charges, you can still fight lawsuits from the other parties involved in the accident. One such defense that you can use to keep another party from recovering damages is contributory negligence. Contributory negligence is when the other person’s actions somehow contributed to their injuries.
Comparative negligence is another form of defense to prevent a party from claiming damages. It reduces the amount of judgment based upon the fault of the plaintiff. For example, if the defendant is found guilty for 60% of the accident then the plaintiff can only claim damages of 40%.
If you are being sued by a passenger that was in your car then, depending on the law in your state, you may be able to use the defense of contributory negligence or comparative negligence or assumption of the risk. This basically means that your passenger knew when getting into the vehicle that you were under the influence and therefore is somewhat responsible for their own injury.
When you have been involved in a drunk driving accident as a result of your own actions, you must step up and take responsibility. You should get help for your drinking problem. If it was a simple oversight and you were not intoxicated, but merely above the legal limit then you should take care in the future to avoid getting yourself in such a situation. Drinking and driving is very serious as every year there are countless people who lose their lives as a result of drunk driving.
Dramshop Claims
If you serve alcohol at a party and one of your guests causes an accident after the party, you could be sued. This is sometimes covered under state Dramshop laws.
Don’t let your guests leave after drinking until you are completely satisfied that they are sober. Have someone at the party keep the keys. That person will remain sober and verify that people who leave are ready to drive. Some wise hosts have their guests spend the night to make sure they don’t leave while intoxicated.
Article Source: http://www.articlesbase.com/law-articles/drunk-driving-accidents-what-you-must-know-1372992.html
About the Author:
Rex Bush handles personal injury cases in Utah. For info on injury issues visit his website: Personal Injury Utah . Should you hire an injury lawyer? Visit this page: Utah Injury Lawyer .
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