DYING TO HAVE ONE MORE DRINK?
Feb. 20, 2015
Think again about that one more drink. Consider that the Coachella Valley has more DUI fatalities than anywhere else in California... per capita. This does not mean YOU have to have been drinking. You also have to be aware of the other guy who had one to many.
This large number of fatalities is probably because we have so many visitors who come to the desert on vacation and drink with impunity...and with lots of friends. Travelers do not believe anything wrong could happen while on vacation.......but you know what happens!
From now through the New Year's weekend, locals and snowbirds will get together to celebrate the holidays, resulting in a higher volume of holiday travelers, including a significantly higher number of alcohol impaired drivers. They are expected to be sharing our local roads...and about 28,000 Americans nationwide will be seriously injured in auto accidents. Many of these will be alcohol related.
During the holidays 2 to 3 times more people die in alcohol related crashes. Statistics show that 40% of traffic fatalities involve a driver who is impaired by alcohol. The percent of roadway deaths related to alcohol is 40% during Thanksgiving; 37% during Christmas time; 58% during New Years; 40% during the entire Holiday season and only 31% for the rest of the year.
The 2015 Holiday Season will yield a record high of DUI incidents and drinking violations. It is said that Blackout Wednesday is the biggest drinking day of the year for bars in many larger cities. This is even bigger than New Years and St Patrick's Day.
The Thanksgiving holidays yield 40% of highways death linked to alcohol. This is in part because the holiday season brings increased rates of binge drinking, DUIs and alcohol related ER admissions.
If you encounter a DUI checkpoint or are stopped for a DUI, politely advise the officer you would be happy to talk and do anything he wants. However your attorney asked you to remain Silent and not talk without his permission. Ask the officer to contact attorney Dale Gribow 760-837-7500/ firstname.lastname@example.org, for permission to speak with you.
They won't call me, but it gives you an excuse for remaining silent and makes ME the bad guy and not you. If a lawyer represents a client properly, the lawyer should always be the "strawman" and always take the fall for the client.
Courteously tell the officer your attorney advised you the at the scene voluntary Field Sobriety Test (FST) is Optional and thus you OPT not to take the FST (walk the line, finger to nose and alphabet etc.). Then explain your attorney said the "at the scene" Breath test is also optional (unless on probation) and you Elect not to take it.
Courteous explain you want to cooperate and would be happy to take a Blood Test. Of course they will arrest you since they do not have evidence you were not under the influence but as a rule if they stop you and have you take tests they are going to arrest you anyway.
Not only should you not talk to anyone other than your lawyer but you should not post anything on social media until the legal matter is concluded. Remember law enforcement officers, prosecutors and insurance adjuster are NOT your friends. They are doing their job and making a case...and their latest trick is to check your FB page etc. to look for incriminating evidence.
If you have questions or ideas for future columns please contact Dale Gribow at 760-565-0533.