Posts Tagged ‘MADD’

First Time DUI Offenders Required To Install Breathalyzer

June 19th, 2014

The Columbus Dispatch just published an article (see video above) about the first time DUI breathalyzer bill.  If “Annie’s Law” is passed by the Ohio legislature, it will require first time offenders to put an in-car breathalyzer in their car before they will be allowed to drive.  People who are not yet convicted and presumably innocent until “proven” guilty will face yet another mandatory penalty.  The law now allows judges to order the ignition interlocks, but the House bill would make their use mandatory.  Under current law, only offenders convicted twice within six years must use the devices.  This is another example of the Ohio legislature making tough DUI laws even more harsh.

People arrested for a first time DUI offense would be required to lease the interlock devices, which cost $70 to $150 to install. A $60 to $90 monthly fee includes downloading data to see if a failed breath test prevented the car from starting. “For the first time it’s going a little too far, said Danny Moore of Dayton.  It seems really unfair to me. It seems like a waste of money for someone who just made a mistake, agreed Mary Damar of Dayton.” Regular readers of this blog have been on notice of this bill since it was announced as a MADD priority years ago. (See May 22, April 2,  and March 10).

The loudest voice is the American Beverage Institute, which disagrees with states that force first time offenders to install Ignition Interlock citing the fact that repeat offenders cause the vast majority of alcohol related fatalities.  Interlock search devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a BAC more than twice the state’s legal limit. In Ohio, ignition interlock devices are required for any driver accused of a second OVI (drunk driving) offense and are otherwise discretionary to the judge. NHTSA and MADD want to eliminate these discrepancies and urge the adoption of a model rule which covers first-time offenders with a BAC just over the legal limit and would require the installation of ignition-preventing interlock search devices on hundreds of thousands more vehicles. Currently, only 20 states require the devices for anyone convicted of a drunken driving-related offense.

first time duiCharles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

To schedule a free DUI consultation for a first time DUI, check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburg, Huber HeightsOakwoodBeavercreekCenterville

Keywords in this article include: First Time DUI Offenders, Breathalyzer, Ignition Interlock Device, Annie’s Law

Have You Heard Of Powdered Alcohol? Palcohol?

May 5th, 2014

PalcoholThis week the release of powdered alcohol “palcohol” was approved, then rescinded, then changed to delayed.

First the Alcohol and Tobacco Tax and Trade Bureau, a branch of the Treasury Department issued “label approval” on April 8th.  Apparently this was not the case as many internet sources began reporting that the ATT&T rescinded the approval.  Well now, the news seems to be that there will be a delay as the labeling on the product is changed.  So you will have to wait until the fall for your powdered treats.

On its website, Palcohol says it plans to offer six varieties, including vodka, rum and four cocktails — Cosmopolitan, Mojito, Powderita and Lemon Drop. The site says that a package weighs about an ounce and can fit into any pocket. It warns people that the powder should not be snorted.

Mothers Against Drunk Driving (MADD) has come out hard against palcohol, labeling it a threat and an enticement to underage drinkers.

The following is “Everything You Need To Know” from their website.

1. Who created it and what exactly is it? Mark Phillips created it. Click on the link above for information about Mark.

Imagine a Margarita on a counter. And then imagine if you could snap your fingers and it would turn into powder. That’s Palcohol….without the magic. Palcohol is just a powder version of vodka, rum and four cocktails….with the same alcoholic content.

2. Why create Palcohol? Mark is an active guy…hiking, biking, camping, kayaking, etc. After hours of an activity, he sometimes wanted to relax and enjoy a refreshing adult beverage. But those activities, and many others, don’t lend themselves to lugging heavy bottles of wine, beer or spirits. The only liquid he wanted to carry was water.

So he thought? Wouldn’t it be great to have alcohol in powder form so all one had to do is add water? Since powder is light and compact, it wouldn’t be a burden to carry.

Mark searched for powdered alcohol and it wasn’t available. So he began his quest to create it. After years of research, experimentation and consultation with scientists around the world, he finally came up with powdered alcohol and called it Palcohol.

Now Palcohol is here. A great convenience for the person on the go. One package weighs about an ounce and is small enough to fit into any pocket.

It’s not just for the sportsperson. Palcohol can be transported in your luggage without the fear of bottles breaking. In any situation where weight and breakage is an issue, Palcohol provides the answer. That’s why we say, “Take your Pal wherever you go!”

3. What is the alcoholic content when consuming it? Palcohol, when used as directed, by adding five ounces of liquid to it, is equal to a standard mixed drink.

4. What’s in it? It varies per version but basically, alcohol….and in the cocktail versions, natural flavorings and Sucralose as a sweetener. The ingredients of each version are listed on the front of the package. Palcohol is gluten free.

5. How is it made? If we told you, we’d have to shoot you. We are in the process of patenting it and it is currently patent pending.

6. What flavors are there? We plan on releasing six versions sold in a pouch that is the equivalent to one shot of alcohol:

V which is powder made from premium vodka distilled four times.
R which is powder made from premium Puerto Rican rum

V and R can be used two ways. One way is by adding five ounces of your favorite mixer to make a Rum and Coke, Vodka and Orange Juice, etc. Another option is adding five ounces of water to the powder and then adding a flavored drink powder to make it any flavor you want. The result is equivalent to one average mixed drink.

The four cocktail versions are:

Cosmopolitan
Mojito
Powderita – tastes just like a Margarita
Lemon Drop

Just add water to these four flavors for an instant cocktail.

7. Who owns Palcohol? Palcohol is owned by a privately held company called Lipsmark. There are no investment opportunities at this time nor do we plan on going public anytime soon.

8. Are we looking for investors, distributors or employees? No, no and no but thanks for offering. For those people who want to sell it or buy packages of it, please subscribe to our mailing list to receive that information down the road.

9. Where will it be sold? Think of Palcohol as liquor….just in powder form. It will be sold anywhere where liquor can be sold and a buyer must be of legal drinking age to buy it. It will be available both in the United States and abroad and it can also be bought online.

10. Can Palcohol be added to food? Beer, wine and spirits are often added to dishes to enhance the flavor. When you add Palcohol to food, you’re not really adding flavor to the dish, just alcohol. We’ve been experimenting with it like adding Powderita powder to guacamole, Cosmopolitan powder on a salad, V in a vodka sauce, etc. It gives the food a kick.

As Palcohol is a new product, we have yet to understand its potential of being added to food. As always, please use it responsibly. Because it adds alcohol to the dish, do not serve the dish to minors.

11. Can I snort it? We have seen comments about goofballs wanting to snort it. Don’t do it! It is not a responsible or smart way to use the product. To take precautions against this action, we’ve added volume to the powder so it would take more than a half of a cup of powder to get the equivalent of one drink up your nose. You would feel a lot of pain for very little gain. Just use it the right way.

12. When will it be available? We expect it to be for sale this fall. No samples will be released ahead of time.

14. What is the calorie content? Well, it depends on what liquid you add to it. The powder by itself is about 80 calories per bag.

And lastly, we want to emphasize again, when Palcohol is available, to use it responsibly and legally.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

To learn more about palcohol check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

 

New DUI Punishment Coming To Ohio

April 2nd, 2014

dui punishmentThe Ohio legislature is considering H.B. 469 (Annie’s Law) which would bring a harsh new DUI punishment to the State.

Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a BAC more than twice the state’s legal limit.  In Ohio, ignition interlock devices are required for any driver accused of a second OVI (drunk driving) offense and are otherwise discretionary to the judge.  MADD has pushed to eliminate these discrepancies and urge the adoption of a model rule which covers first-time offenders with a BAC just over the legal limit and would require the installation of ignition interlock devices on hundreds of thousands more vehicles.  Currently, only 20 states require the devices for anyone convicted of a drunken driving-related offense.

Opponents to the law argue interlocks are too expensive and harsh for a first time offender, because they’re responsible for the cost of the DUI punishment. It costs about $2.50 a day, or $75 a month plus a hefty installation fee.  While there are numerous different designs, the typical ignition interlock requires the driver to blow into a tube that measures breath alcohol levels. If a person fails he or she may try again, before the vehicle is locked down.  At random times after the engine has been started, the IID will require another breath sample. The purpose of this is to prevent someone other than the driver from providing a breath sample. If the breath sample isn’t provided, or the sample exceeds the ignition interlock’s preset blood alcohol level, the device will log the event, warn the driver and then start up an alarm (e.g., lights flashing, horn honking) until the ignition is turned off, or a clean breath sample has been provided.  Other versions may also use cameras to record a person’s behavior behind the wheel. Courts may access the data recorded and, in some jurisdictions, a motorist who blew over the limit may face additional penalties.  No one has considered the proportionality of this DUI punishment.

Radley Balko argued in a December 2002 article that MADD’s policies are becoming overbearing. “In fairness, MADD deserves credit for raising awareness of the dangers of driving while intoxicated. It was almost certainly MADD’s dogged efforts to spark public debate that effected the drop in fatalities since 1980, when Candy Lightner founded the group after her daughter was killed by a drunk driver,” Balko wrote. “But MADD is at heart a bureaucracy, a big one. It boasts an annual budget of $45 million, $12 million of which pays for salaries, pensions and benefits. Bureaucracies don’t change easily, even when the problems they were created to address change.”

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Find information on DUI punishment on this blog, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Ignition Interlock Devices For Everyone – We Warned You!

March 10th, 2014

ignition interlockH.B. 469 (Annie’s Law) presented at the Ohio Statehouse on Thursday will require an ignition interlock device  be installed on the vehicle of all convicted drunk drivers, including first-time offenders.  Ohio law currently prescribes “blow to go” devices for repeat drunk driving offenders, but not on a first offense.  We have longed warned (previous story HERE) that this was at the top of MADD’s agenda and a continuation of their desire to impose penalties on a driver before they are found guilty of an offense.  Essentially, this law is an attack on a person’s presumption of innocence.  State Representatives Terry Johnson (R-McDermott) and Gary Scherer (R-Circleville) are the lead sponsors of House Bill 469.

Currently, interlock search devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a BAC more than twice the state’s legal limit.  In Ohio, ignition interlock devices are required for any driver accused of a second OVI (drunk driving) offense and are otherwise discretionary to the judge.  NHTSA and MADD want to eliminate these discrepancies and urge the adoption of a model rule which covers first-time offenders with a BAC just over the legal limit and would require the installation of ignition-preventing interlock search devices on hundreds of thousands more vehicles.  Currently, only 20 states require the devices for anyone convicted of a drunken driving-related offense.

Some studies show that ignition-preventing interlock devices are about 75 percent effective in keeping those previously convicted of drunken driving from repeating their behavior. While there are numerous different designs, the typical ignition interlock requires the driver to blow into a tube that measures breath alcohol levels. If a person fails he or she may try again, for up to three attempts before the vehicle is locked down.  Other versions may also use cameras to record a person’s behavior behind the wheel. Courts may access the data recorded and, in some jurisdictions, a motorist who blew over the limit may face additional penalties.  Ignition Interlock devices typically cost about $150 and may run $80 a month or more to maintain.

Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

 Find information on Ignition Interlock devices on this blog, or check these city-specific sites at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

Is This The End of Drunk Driving Arrests?

March 4th, 2014

drunk driving arrests

Will there still be drunk driving arrests in the future?  This is the question raised by Money Watch and CBS in the article about autonomous cars, “Will Your Car Be Driving Itself By 2020?”  According to the article,  “[i]t all sounds like science fiction: cars that drive themselves, navigate streets and avoid crashes. But last week Nissan said it would have such “autonomous cars” to sell by 2020. And General Motors chimed in that it may have a similar model by then.”  The government is not as convinced. “The car–no matter how automated–is not yet ready to be more than a co-pilot,” said National Highway Traffic Safety Administrator David Strickland in a statement.  There are also significant consumer issues.  “A recent Kelley Blue Book poll found 53 percent of respondents said they would never buy a self-driving car while only 18 percent said they would consider one now if it were available. Twenty percent said they might consider buying if the technology improved in five to 10 years.”

 The implications of these changes could be enormous for attorneys.  If cars can be truly autonomous in the next ten to twenty years will that mean the end of personal injury attorneys? Will it spell the end of drunk driving arrests? It also raises practical concerns over MADD’s legislative agenda.  MADD has been working with major insurance companies and automobile manufacturers to get a passive alcohol system (called DADDS) as mandated equipment in every automobile in the world.  In 2008, at MADD’s urging, the Automotive Coalition for Traffic Safety entered into a $10 million agreement with the federal government to develop such a technology. This system would  search every driver (not just convicted DUI offenders) every single time they started their car.  This year, MADD’s power as one of the nation’s leading lobbying groups resulted in a provision in the Senate transportation bill to ““more widespread deployment of in-vehicle technology” that would prevent drunken driving.  The research will be carried out by the Driver Alcohol Detection System for Safety, a collaboration between NHTSA and the automobile industry.  It will be interesting to see if MADD is looking for a solution or more drunk driving arrests.

If you think the self-driving car is a pipe dream consider this: Nevada, Florida and California have passed laws allowing self-driving cars on their roads for testing with certain safeguards.  The 2014 Mercedes-Benz S class can brake and steer itself for a few seconds under certain conditions. Mercedes, BMW, Lexus and some other luxury brands have implemented automated cruise control that keeps your car a safe distance behind the one ahead and if the radar system senses an imminent crash, puts on the brakes.  The tech giant Google has also put resources behind developing the technology. Analysts believe Google, if successful, would try to sell the system to the auto industry rather than build cars itself.

 

Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Find information on drunk driving arrests and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville