Your Michigan DUI lawyer can show that although research into the accuracy of handwriting tests has been conducted, the outcomes are somewhat inconclusive. The results, as your Michigan DUI attorney can explain, indicated that a person’s handwriting does alter somewhat if any alcohol is present at all, but alcohol by itself is insufficient to account for those changes.
Do Other Studies Confirm This?
Not necessarily, as your Michigan DUI attorney can tell you. Ultimately, the research supports the premise that although handwriting was seen to worsen in a study that involved both men and women whose writing was tested before and after alcohol had been ingested, the level of alcohol present could not be accurately discerned. The upshot of the research was that handwriting is not a reliable means of measuring alcohol intake.
First Test of Manual Dexterity
Your Michigan DUI attorney can point to two tests that are intended to measure the level to which manual coordination has been impaired due to alcohol. The first of these involves the subject’s extending one hand in front with the palm facing up. The subject is then instructed to put the other hand on top of the first with the palm down. The hand on top will pat the other as the lower hand is turned up and down repeatedly while building up the speed at which the lower hand moves.
Accuracy of the Test
Your Michigan DUI attorney can tell you that since the lower hand moves faster and faster, it becomes easy to confuse the hand motions rather than giving a precise tap. The subject’s hand may pat twice, or the person might make a chopping movement rather than a pat, or some other misstep.
Second Test of Manual Dexterity
The other test that your Michigan DUI attorney can show involves the subject retrieving coins from the hood of his/her vehicle. The coins are laid out and the subject is asked to pick them up single-handedly. For a subject who is unable due to a medical condition to bend down, this test precludes any additional stress to the person’s back or legs. Scientific research is lacking with regard to this field sobriety test, so its reliability is questionable. It is not a test that is frequently administered.
Contact a Michigan DUI Attorney for More Information
If you have been subjected to any of the above types of field sobriety testing, be sure you have the help you need. Contact the Law Offices of Christopher Trainor & Associates by calling 800-961-8477 today.
In 2015, the city of Flint, MI, gained global attention after the city's water supply was found to have dangerously high levels of lead, thereby exposing residents to lead poisoning. Five percent of children tested in Flint had abnormally high levels of lead in their blood as a result of drinking and bathing in river water that had traveled through the system's old, corrosive pipes. Although Flint has gained worldwide attention, in part because of the number of people affected and the alleged cover-up by Flint officials, the lead situation in Flint is not an oddity. In fact, Flint doesn't even rank among the most dangerous spots with lead pollution in the United States.
In total, Reuters found nearly 3,000 locales with lead poisoning rates that were at least doubled those found in Flint during the height of the contamination problem. Even more frightening is the fact that over 1,100 of these locations had residents with elevated blood levels that were four times higher. Many of the poisoned communities are in the eastern part of the United States, including Warren, PA, where 36 percent of tested children had high levels of lead in their blood. Some cities in the east, including Philadelphia, Baltimore and Cleveland have experienced lead poisoning for generations. In the most affected pockets of these cities, the number of people tested experiencing highly elevated lead levels reached as high as 50 percent.
What many of these affected areas have in common is that they are affected by lead that has been in the area for a long time, usually through old, peeling paint, industrial waste that has been left behind and buried or through old lead plumbing pipes. Residents in the majority of these lead pockets have suffered in silence as scant attention has been paid to most lead-plagued are and little funding has been earmarked to alleviate these problems. Reuters obtained the data used in the report from the U.S Centers for Disease Control and Prevention as well as state health departments, all of which track poisoning rates in each location. The statistics have disturbing implications. Where lead poisoning is common, affected children will experience developmental delays and start school way behind their peers.
Nationally, the CDC estimates that 2.5 percent of younger children are afflicted with elevated lead levels in their blood, but communities targeted in the Reuters report had far higher lead poisoning rates over five- and 10-year periods. As a Michigan resident, you expect the bare minimum of safety, including appropriate chemical levels in your drinking water. When you suffer injuries or sickness due to negligence, a lawyer can help you find compensation. Contact us today for a consultation.
Michigan has the highest car insurance rates in the United States, and it's about to become even more expensive to own and operate a car. In 2017, there will be several new road-funding bills coming into effect, which will raise the cost of registration and increase the gas tax.
As required by law, all Michigan drivers have no-fault car insurance. This insurance has great benefits, but it isn't cheap. According to a 24/7 Wall Street Study, Michigan is the most expensive state for car ownership when considering gas costs, maintenance costs, and insurance premiums. Much of this money goes toward maintaining and improving the state's roads, but new road projects are about to make these costs even higher.
In the fall of 2016, many drivers saw their car insurance rates increase after the state government got rid of a tax credit that had previously been given to insurance companies. Michigan residents can also expect a 20 percent increase in vehicle registration fees as well as a 7.3 cent gas tax increase. Before the increase, Michigan's gasoline tax was 19 cents per gallon. The road-funding project, which was signed by Governor Rick Snyder back in 2015, will require an estimated 1.2 billion dollars.
Drivers with electric and hybrid vehicles should expect to pay even more. Electric vehicle owners will have to pay a $100 surcharge and a $35 gasoline tax. Hybrid vehicle owners will be required to pay a $17 gasoline tax as well as a $30 surcharge in addition to normal vehicle registration fees. Although the increase in costs is inconvenient, many drivers understand why they'll have to pay more. Justin Kreager, a Michigan resident, says, "It's a privilege to drive, so I guess the fees are okay, but it is kind of a hassle to get $100 every single time."
Fortunately, drivers in Michigan will have better roads and bridges after the road-funding project has been completed. The money will be split among all types of roads in the state, with 39 percent of the funds going to state roads, 39 percent of the funds going to country roads, and 22 percent of the funds going to city and village roads. Michigan residents are hopeful that the increase in registration costs now will save them money in the long run as they are less likely to damage their cars on newer and better-maintained roads.
Keep your safety in mind when driving on all roads. In the event of an automobile accident, contact us for any assistance on filing a legal claim with your insurance company or against a negligent driver.
Autonomous cars, also known as self-driving vehicles, could be subjects of mass tort litigation in the not-too-distant future if the software or components that allow these vehicles to operate independently of driver malfunctions. Such a scenario would be particularly likely if property damage, injuries or even death resulted from an electronics or software malfunction. Self-driving vehicles have not been sold commercially, although prototypes have been tested on the roads. While autonomous vehicles seem like a quantum leap, they use technology that is only minimally advanced from vehicles currently in commercial production today.
Many late model vehicles on the road today are virtually rolling computers as they use a tremendous amount of software and miles of electronic wiring for operation. The safety packages now becoming standard on many vehicles have features such as electronic stability control that helps brake your vehicle if sensors anticipate a problem, collision warning, land departure warning, rear backup cameras and much more.
Product liability laws have already been advanced and tested enough to handle claims arising from failure of computers and other electronics in today's vehicles. Such claims could involve flaws or failures which produced an accident but also instances where the installed safety features failed to prevent accident or injuries from happening. Many lawsuits have already been based on equipment malfunctions, most of which involved programming errors within software. The gear shift in the Jeep Grand Cherokee is one example. Drivers have believed their vehicle was in park when it was in neutral. Litigation has also involved airbag systems and sudden acceleration due to computer errors.
The concept of crash risk is another area where litigation could arise. The ability to make a vehicle "safe" during a crash can be compromised by a software glitch where an airbag would fail to deploy, thus putting vehicle occupants at additional risk. Some auto industry groups, however, have advocated an immunity from suit for autonomous vehicles, as studies have indicated that self-driving cars will produce fewer accidents, injuries and death. Legislation providing immunity from suit or caps on damages could be on the horizon if a proposed suit arises against an auto manufacturer.
The argument against immunity is in the current application of product liability law to defective components in the auto industry. Mass tort liability MDL cases, such as those involving Takata airbags, the GM ignition switch and the VW emissions litigation set precedents for flaws in self-driving vehicles to become MDL cases. Remember to stay safe when driving on the roads, whether you or a robot are behind the wheel. If you experience an accident on the road, contact us for an evaluation on whether your case is eligible for a higher insurance claim or lawsuit.
Arguing Back
If the arresting officer alleges that you “failed” one or more of the field sobriety tests administered, your Michigan DUI attorney may try to create reasonable doubt concerning the credibility of the tests or the police officer’s conclusions. The prosecutor will most likely respond to these attacks by attempting one of several things:
Promoting the Officer’s Training
In order to legitimize the officer’s administration of the field sobriety tests, the prosecutor may highlight any special training the officer had to undergo to be authorized to give these tests. Your Michigan DUI attorney knows that the prosecutor will want to make sure that the jury is aware that the officer received training not only at the police academy, but also in the field. Since the officer may personally have been involved in the investigation of hundreds or thousands of DUI cases, the prosecutor may point this out to the jury in an attempt to demonstrate the officer’s experience, knowledge and skill in handling DUI investigations.
Promoting the National Highway Traffic Safety Administration
Your Michigan DUI attorney knows that if the field tests were administered according to the protocols instituted by the National Highway Traffic Safety Administration, the prosecutor will more than likely emphasize this and will draw attention to the research that was conducted during the development of the tests. To give credibility to the tests’ touted accuracy, the prosecutor will attempt to portray the tests in as scientific a light as possible.
Contact Us
If you have been charged with driving under the influence, consult a knowledgeable and experienced Michigan DUI attorney to maximize your chances of building a successful case. A legal professional can anticipate and overcome the obstacles posed by the prosecution. Please contact the Law Offices of Christopher Trainor & Associates for a free initial consultation by calling today at 800-961-8477.
The holidays bring with it the opportunity to turn your home and property into a festive celebration for yourself and your neighbors. Some neighborhoods even have made decorating for the holidays an annual tradition among neighbors turning the entire community into an impromptu holiday attraction.
Though if your neighbors do not share in your enthusiasm, your decorations can easily be seen less as a festive celebration and more of a public eyesore. It may be hard to distinguish when personal preference crosses over into a public nuisance, opening you up to legal liability.
There are no laws preventing you from expressing your love for the holidays by turning your front yard into a scene better suited for a Macy's or the North Pole but there are a few things to keep in mind while you decorate that could help prevent your holiday cheer into becoming a legal suit.
While there may be no laws preventing you from illuminating your home in millions snowflake-shaped lights, there are regulations about intruding upon neighbors property rights. If your light display is bright enough to cause disruption to your neighbor's life by shining directly into a window or preventing them from safely backing out of their driveway, you may be opening yourself up to legal ramifications. The disruption and creation of unsafe conditions could be enough for your neighbor to bring a legal suit against you and with enough affected neighbors willing to come forward, you could be looking at a public nuisance situation.
Cases brought against homeowners for public nuisance may never actually see any financial repercussions but cases of personal injury can become costly and have a higher chance of seeing their day in court. If your holiday display creates hazardous or unsafe conditions for anyone on your property, as a homeowner you are liable for any injuries that person may sustain. So if you have tripping hazards posed by hundreds of electrical cords or low-hanging decorations, it may be best to address them before an injury occurs.
While it is not necessary to completely cancel your plans to decorate your home because of a potential liability, it would be beneficial to think over your proposed holiday cheer. Also, check to be sure your display poses no hazards to those legally on your property. If you feel you experienced an accident due to irresponsible decorating, contact us today.
Self-driving cars are one of the biggest technological advancements expected to take place in the near future, and Michigan recently became the first state to create comprehensive self-driving rules and regulations. Because Ford, Chrysler, and GM are all located in Detroit, the state has been at the forefront of the development of self-driving cars.
In December of 2016, governor of Michigan, Rick Snyder, signed four bills that regulate the development, testing, and sale of self-driving vehicles. He signed the bills at the Automotive Hall of Fame in Dearborn and expressed his excitement, saying, "We should be proud we're leading the world, right here in Michigan."
In Michigan, self-driving cars are legal for testing and use on public roads. The new laws also permit road testing of self-driving commercial trucks, although each truck must have a person inside in case something goes wrong. Michigan is the only state that does not require a driver in an automated vehicle and the only state that has legalized self-driving ride-sharing cars. However, according to the bills that were recently signed into law, only vehicle manufacturers can operate self-driving cars. Companies like Uber and Lyft will not be able to launch self-driving cars in Michigan.
Google has already taken notice of Michigan's forward-thinking self-driving car laws. To test vehicles, the company bought land in Novi, which is about 20 miles north of Detroit. The National Highway Traffic Safety Administration views Google as an automaker, so they should be able to put self-driving cars on the road in Michigan.
One important matter regarding self-driving cars is insurance. In Michigan, if a self-driving car gets itself into an accident, the automaker must take full liability. Because self-driving cars are supposed to avoid accidents, if an accident occurs because of a malfunction with the automated vehicle, the manufacturer will be found fully at fault.
Snyder says that these new bills allow manufacturers to test self-driving vehicles without inconvenient regulations. Self-driving cars are much safer than cars with drivers, and they could potentially save lives. Snyder supports implementing testing and implementing self-driving cars as efficiently as possible to make the roads in Michigan safer. He says, "It makes Michigan a place where, particularly for the auto industry, it's a good place to do work."
Some 50,000 collisions between deer and various types of vehicles take place every year throughout the Michigan. According to an insurance company that studied the issue, about 80 percent of these accidents take place on smaller, two-lane roads and occur at night. The study also showed that most of the collisions occurred during the spring and fall, the months that deer are more active. In one county alone, 27 such collisions were reported in the month of October. More accidents occurred there in November, with two motorists reporting collisions with other animals, one a bear and the other a wolf.
According to a member of the Michigan State Police, the increase in accidents is itself related to the increase in hunting activity during those same months. Unfortunately, many animals who are fleeing from the hunters become prey to traffic on the roadways. The problem seems to be getting worse, with some 1,300 more accidents over the previous year reported in 2015. The county with the highest number of deer collisions was Oakland, which is located between the cities of Detroit and Flint.
The threat to humans posed by deer is illustrated by the number of deaths and injuries. In 2015, collisions with animals claimed the lives of 11 people, five of whom were riding motorcycles. More than 1,100 other motorists suffered varying degrees of injury in the same type of accidents. However, such collisions often involve only minimal damage to the vehicle and may not even be reported to local authorities. The human deaths and injuries that do occur normally result from the motorist losing control when trying to avoid the animal.
Motorists are advised to be alert for deer, especially around dusk and dawn and during the months of October through December. Furthermore, deer often travel in groups but may walk in single file, which means that the sighting of one animal should be a warning of more to follow. Drivers who find themselves unable to avoid animals are advised to brake firmly and to avoid swerving. Although a deer would seem to be badly mismatched against an automobile or truck, collisions with the animals cost motorists traveling in Michigan at least $130 million every year.
If you have been in an accident, contact us today for a free consultation.
It is a contention of certain scientists that the speed of an individual's consumption of alcohol can be significant to the peak levels of alcohol in the system. If a person consumes a vast amount of alcohol in short period of time, it can lead to seizure of the pyloric valve. This, in turn, will delay the absorption of the alcohol in the person's body. Alternatively, if the alcohol is consumed over a longer timeframe, there will be more of a chance of elimination of what the body is absorbing. As a result, the blood alcohol level (BAL) will be lower per unit of time. Experienced dui attorneys in Michigan will use this scientific evidence to defend you if you have been charged with dui.
Time Spent Drinking Is Important when Measuring BAL
Your dui lawyers in Michigan will explain that if the drinking of alcohol is done in a social setting, it is likely that the alcohol will be consumed over an extended amount of time. There are studies that have indicated that people who drink in this way might have a more rapid time of absorption than those who drink more quickly.
Sometimes, there is a combination of extended consumption and short-term consumption. For example, a person might be at a social event and drink over a long period. Then, right before leaving, might have a drink or two quickly. The BAL will be higher due to the alcoholic beverages consumed because of the final drinks.
Smoking Cigarettes Can Influence Rate of Absorption
It is important that you inform your dui attorneys in Michigan if you smoke and if you smoked cigarettes at the time you were charged with a dui. There are substances that will reduce the speed of the stomach emptying. Cigarettes will have this effect. Therefore, if you have smoked during or close in time to eating a meal, the emptying of the stomach will be slowed and the amount of time it takes to reach maximum absorption will be increased.
Your DUI Attorneys in Michigan Understand Alcohol Absorption Rates
Different kinds of alcohol have different rates of absorption and it is imperative that your dui lawyers in Michigan are made aware of what you were drinking. If an alcoholic drink has a high concentration of alcohol, it might negatively influence the pyloric valve located between the small intestine and the stomach. If the concentration of alcohol is higher, the pyloric valve will seize. This will lead to delays in the emptying of the stomach for two-to-three hours. There are, however, some alcoholic beverages that will lead to spasms of the pyloric valve. In general, if you are drinking mixed alcoholic beverages, the body will absorb these more rapidly than straight alcoholic drinks due to this spasm of the pyloric valve.
The amount of alcohol consumed might also factor into the BAL. If the alcohol is consumed in lower doses, it will cause an acceleration of the emptying of the stomach, whereas higher doses will lead to delays in the emptying of the stomach. This information is key and must be shared with your dui attorneys in Michigan.
If the drinks are higher in sugar, there will also be a delay in the rate of absorption similar to the manner in which foods can delay absorption. If a sweeter drink such as vermouth is consumed, it will be absorbed more slowly than a drink like champagne.
Contact Experienced DUI Attorneys in Michigan
If you or a loved one have been charged with dui, it's imperative to have proper legal representation by calling experienced dui attorneys in Michigan. Charges of dui are serious and if there are mitigating circumstances such as the amount of time that was spent drinking and how it might have affected the BAL, it could help in your defense.
Speak to qualified dui lawyers in Michigan by calling the Law Offices of Christopher Trainor & Associates at 800-961-8477. Call today.
