Drunk Driving

News & Analysis as of

Motorcyclists and “Riding” Under the Influence

Drunk driving is a problem year round, and particularly during the holiday season. Recent reports show that over 16,000 people were injured in drunk driving accidents in California in one year. That number is far too high....more

Drinking + Driving = Losing Your Visa?

With Thanksgiving and the holidays right around the corner, Fisher Phillips would like to remind our clients to be extra careful when driving home after a night out. In addition to the criminal and financial ramifications of...more

Tips for a Safe and Happy Holiday Party

It’s holiday party time! The company holiday party can boost employee morale and celebrate the company’s successes in the past year, but a holiday party may also create a few legal pitfalls for the unwary employer. If you are...more

Office Christmas Party–strategies to avoid the legal fallout

You may be wondering why I selected to write about a movie that is not yet in the theaters. Truthfully, I do not need to see the movie to write about its relevance to HR issues. In fact, all that’s necessary is to read the...more

The Most Dangerous Days for DUI Crashes

Although a DUI crash can occur at anytime, some days of the year are riskier than others. Major spikes in the number of DUI crashes are seen during times of celebration; mainly surrounding holidays and during the summer...more

DUI Defense Lawyer | DUI For a Busted Tail light?

How can they charge me with DUI when I was stopped for a busted tail light? Before becoming an Arizona DUI defense lawyer, I was a police officer for several years and received specialized training in DUI enforcement....more

DUI Arrest Could Now Lead to Visa Revocation for Employees in U.S. Even Without a Conviction

Employers should be aware that foreign nationals in the United States on nonimmigrant work visas (such as H-1B, L-1, and O-1 visas) are subject to severe consequences following an arrest for driving under the influence (DUI)...more

Claimants’ Demand for Superfluous Wording In Release Does Not Excuse Insurer’s Failure to Accept Policy Limit Offer Within Time...

In Barickman v. Mercury Casualty Co. (No. B260833, filed 7/25/16, ord. pub. 8/15/16) a California appeals court affirmed a $3 million bad faith award against Mercury Casualty Co. based upon its failure to accept a policy...more

While your home is your castle where privacy is concerned, not so much for your car: Or what does automotive technology, privacy...

For a number of years, auto manufacturers have been quietly installing something akin to black boxes in passenger cars. Originally, these devices were solely for airbag deployment, but today, these boxes or SDM’s (Sensing...more

When a Policy Limits Offer is Not Enough: A Cautionary Tale of a Failure to Settle Case

In a recent unpublished decision, the California Court of Appeals upheld a $3 million judgment against an auto liability insurer that rejected proposed language in a settlement agreement, notwithstanding the insurer’s policy...more

July 4th Auto Accidents

While a time for celebration, the long Independence Day weekend can also bring with it a number of serious personal injuries, including car accidents from drinking and driving, illegal firework injuries, and dog bites....more

Supreme Court Update: Mathis V. United States (15-6092), Utah V. Strieff (14-1373), Birchfield V. North Dakota (14-1468) And...

The Court finished up OT15 this morning with decisions in Voisine v. United States (14-10154), holding that a reckless domestic assault qualifies as a "misdemeanor crime of domestic violence" under the federal...more

The Supreme Court - June 2016 #6

The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

You Should Know - June 2016

Has Legalizing Pot Caused More Road Accidents, Injuries or Deaths? Elizabeth Kemble, a widely admired advocate for kidney health in Oregon, was out for a walk following her third kidney transplant when she was killed by...more

DUI Driver’s License Suspension Changes | DUI Defense Attorney

Arizona Finally Removes Driver License Disparity in Misdemeanor DUI Cases - As a former police officer turned DUI defense attorney, I have represented numerous misdemeanor and felony DUI clients in every county in...more

Prom, Graduation and the Dangers of Under-Aged Drinking. Who is Liable?

It’s the season for proms and graduation parties, which means increased underage drinking and serious safety concerns. What many adults do not know, is that they can be found liable when a teen consumes alcohol on their...more

Personal Care Home Had No Duty to Restrict Resident’s Movements

Several days ago, the Pennsylvania Superior Court issued a non-precedential decision in the case of Hackenburg v. Grane Healthcare Co. In this matter, a resident of a personal care home (Amber Terrace) was struck and killed...more

Defence & Indemnity - April 2016: IV. PRACTICE ISSUES

A. Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission? R. v. Glenfield, [2015] O.J. No. 1212, per Hambly, J. [4175]...more

Save the MAMILs - Cyclist Injury & Death Statistics

According to a recent government report, MAMILs (Middle Aged Men In Lycra) are the likeliest of all age groups and genders to be killed or seriously injured while riding a bicycle....more

National Transportation Safety Board Targets Impaired Driving

Industry professionals should remain aware of trends in policy and technology that may lead to changes in our nation’s laws to combat drunk driving. On January 13, 2016, National Transportation Safety Board (NTSB) Chairman...more

Holiday Season Proves Disabling, Deadly for Many Drivers

According to a report by the National Highway Traffic and Safety Administration (NHTSA), there were an alarming 6.1 million police reported vehicle accidents in the United States in 2014, resulting in an alarming 2.3 million...more

Kansas: Safe harbor for insurer faced with settlement demand to only one insured

What should an insurance company do when liability of the insured is clear, the damages clearly exceed the limits, and the claimant sends a settlement demand that would exhaust policy limits while releasing only one out of...more

Labor Day Weekend and Drunk Driving Accidents

For many, the upcoming weekend signals the end of the summer. For others, Labor Day Weekend is the perfect reason for a three day party. In a community like the San Fernando Valley, where public transportation is not the...more

Virginia Supreme Court Decides Punitive Damages Case

In the recent case of Cain v. Lee, the Virginia Supreme Court determined that the Circuit Court for the County of Stafford erred when it granted a jury instruction that provided that “punitive damages are generally not...more

July 17th, 2015 Womble Legislative Update

In Limbo - You may recall that the General Assembly did not enact a new budget in time for the fiscal year that began July 1st. Instead, a continuing resolution was passed that keeps spending static until its expiration...more

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