WINTER 2002
page 2 of 4

San Diego Law Firm Newsletter - Perspective
Driving Under The Influence Driving under the influence (DUI) is wrong, and no one should ever do it. But drivers who have been arrested for DUI have the right to a comprehensive defense against the charge. Those convicted of DUI may go to jail, face severe financial difficulties, and have difficulty obtaining rehabilitative treatment or purchasing auto insurance. DUI arrests are not always impartial or evenhanded. For instance, did the state apply due process fairly? Can police fully justify their evaluation and arrest as proper and legal? Was breath or blood testing accurate? What can drivers do to minimize the potential of DUI arrest?
  • Don’t drive at all when consuming alcohol.
  • Designate someone who will avoid all alcohol consumption and drive others to and from parties and places of entertainment.
  • Select no- or low-alcohol beverages for consumption.
What should drivers do if stopped or questioned by law enforcement authorities for potential DUI?
  • Remember that almost all states impose penalties for refusing to take blood, breath, urine, or other tests.
  • Never try to run or escape from police.
  • Avoid making any statements whatsoever to law enforcement officials.
  • Obtain the counsel of an attorney as soon as you can after being stopped or detained for alleged DUI.

SENIOR SCAMS

senior scams While unscrupulous thieves are indiscriminant in their targets, they know that many seniors have good sums of money saved up and look for ways to fleece them.
Anyone with elderly relatives and friends should caution them about the following dishonest con games designed to take advantage of their good will and friendliness.
Living trusts
Most seniors need a will and some relatively simple estate planning. Law enforcement authorities, however, are hearing about seniors being greatly overcharged for complicated legal documents and services that they really don’t need.
Education scholarships
Grandparents—and their grandchildren— are targeted by phone and mail scholarship scammers. With tuition increases challenging family budgets, everyone should be wary of scholarship offers that require a fee or down payment, or that identify students as finalists in scholarship programs never applied for.
Bank examiners
Sounding very official, a swindler may call a senior and say that computer records show that someone is trying to make withdrawals from their bank accounts. If the senior provides a “confirming” account number, a real withdrawal is made.
RED LIGHT RUNNING
Pedestrians beware
The Department of Transportation’s Federal Highway Administration and its “Stop Red Light Running” program reported that 1.8 million intersection crashes occur annually, with costs to the public exceeding $7 billion. According to 1998 federal government statistics, irresponsible drivers who ran through red lights were responsible for auto crashes that resulted in more than 80,000 injuries and nearly 1,000 deaths.
The situation is serious when more than half of all drivers admit to running red lights, and nine out of ten pedestrians are afraid of being struck by automobiles when they are properly crossing streets at intersections. To be safer, pedestrians should do the following:
  • Look left, right, and left again before entering crosswalks.
  • Listen for cars, too.
  • Follow traffic controls and “Walk/Don’t Walk” signals.
  • Use crosswalks and safety islands. Never cross from between cars.
A jury decides
A young woman properly crossing an intersection was struck by a driver, resulting in severe head injuries and knee damage requiring surgery. A former full-time teacher, the woman could work only part-time. When she sued, a jury awarded a monetary verdict to compensate for her loss of income, noting that the driver was responsible because she failed to stop at a red light.
 

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