DUIDrinking and Driving News - 1995
Driver Performance Institutes
330 Townsend St #106
San Francisco, CA 94107
DMV Makes Mistake Driver Get License Back
Los Angeles Daily Journal, 9.94
Some drivers whose licenses were revoked may be able to get them back in the wake of the sate Attorney General's Office acknowledgment of a snafu in the vehicle code, Beverly Hills defense attorney Gerson Horn, said.
Horn represented Paul Louk, of Thousand Oaks, Louk was stopped, arrested for a DUI and lost his license under Vehicle Code 13353.2 (BAC above .08 = loss of license). Louk received two points on his license for conviction of his DUI.
Then while on suspension he was stopped and given a ticket for driving on a suspended license. DMV officials then added two additional points, for a total of four. Making Louk a negligent driver (VC12810.5)
The snafu, as Horn explained it, is that the Legislature apparently neglected to include VC 14601.5 (driving on a DUI suspended license) on its list of violations for which points can be added to a persons record.
DMV rejected Louk's appeals. But when Horn appealed Louk's license revocation to a Ventura County Superior Court judge, the judge indicated he would rule in Louk's favor. Before he did so, Elizabeth Hong acknowledged the problem in the law and agreed to give Louk his license back.
New Law Allows Work Related Restricted License
Starting January 1, 1995, all persons arrested for DUI may apply for restricted license that allows driving to and from work and in the course of employment. Prior to this new law persons arrested for DUI were only allowed to have restrictions to and from a treatment program. The new law allows those persons arrested to have this restriction if they (1) completed a 30 day 'hard' suspension (2) enroll in an approved DUI program (Form DS-626) (3) pay the necessary fees (4) show proof of financial responsibility (SR-22).
Complied and edited by: Ed Reither DPI - January 1995 905.5555 - f.905.5565
4 Cops Killed After Leaving Bar
Montreal - Quebec police said yesterday that they are investigating a car crash that killed four off duty police officers. The officers, who were taking a week long training course on breathalyzer training, were returning from a bar early Thursday when their car skidded and hit a truck near Trois-Rivieres, Quebec. The truck driver was uninjured.
ADULTS ARRESTED AFTER BABY GIRL INGESTS DRUGS
The 10-month-old girl couldn't stop screaming in the Fremont emergency room, as her heart beat at twice the normal rate.
The reason for her pain: She had consumed alcohol and methamphetamine while in the care of family members who allegedly used the drug, police said Monday.
As a result of the weekend incident, the baby's grandmother and her father's girlfriend who were caring for the child face child endangerment charges, while her father and uncle have been arrested on warrants that allege drug offenses.
The girl has been placed with Child Protective Services, Fremont police said. Her current condition was not known.
It was not clear how the drug got into the baby's system, although she was sitting at a table at her Hayward home at which three adults may have used the drug Saturday, according to a police report.
''When they're sitting around and shooting up and tooting up, they're off in their own world enjoying themselves,'' said Sgt. Bob Armstrong.
According to the 1992 annual report of the American Association of Poison Centers, methamphetamine was involved in only 2,142 of the 454,689 cases in which children under 6 years old were exposed to narcotics.
Charged with felony child endangerment were the girl's grandmother, Jean Marie Villa, 43, of San Jose; and Julie McCafferty, 30, of Hayward. McCafferty. The girl's father, James Siebels, 26, was arrested on warrants.
DRIVING SIMULATORS TO FOCUS ON HEALTH PROBLEMS OF ELDERLY
WASHINGTON, Dec. 22 The head of the National Highway Traffic Safety Administration (NHTSA), Ricardo Martinez, M.D., said today that a new advanced driving simulator will be used to identify driving safety problems involving older drivers who are over-represented in crashes.
According to Dr. Martinez, "Conducting meaningful driver research in actual traffic situations is not possible because of the risk of physical harm.
However, technology learned from the space and defense programs will soon result in a motor vehicle driving simulator that will realistically replicate driving conditions and measure skills."
Dr. Martinez said that older Americans are the fastest growing segment of the U.S. population. In the years ahead it will become increasingly important to understand the driving ability and possible limitations of older drivers. State motor vehicle administrators will need this information to make licensing decisions while preserving the mobility of seniors.
ABC GIVES WARNING TO STATE'S LIQUOR LICENSEES
SACRAMENTO, Calif., Dec. 19
Jay Stroh, the Director of theCalifornia Department of Alcoholic Beverage Control (ABC) has warned the more than 70,000 liquor licensees in California they may receive fines or suspensions for serving obviously intoxicated patrons during the holiday season.
Stroh reminded the owners of bars and liquor stores that under the law, "no person may sell or give alcohol to anyone who is obviously intoxicated ... even if the customer is not driving. The maximum fine is $1,000 and/or six months in county jail. And under certain conditions, a liquor license could be revoked.
Said Stroh, "Studies have shown that about half of the driving under the influence arrests were the result of people being served too much in bars and restaurants." Besides the criminal actions against the server, Stroh said licensees also face the prospect of civil actions by victims of DUI collisions.
Stroh noted that even though the number of people killed on the State's roads and highways have dropped over the past two decades, the tragic toll during the holiday season is still high. According to the California Highway Patrol, 156 people were killed last year between December 20, 1993 and January 2, 1994. Of that total, almost half were alcohol related incidents.
Stroh urged licensees to be cognizant of the condition of their patrons. "Responsible serving of alcohol could prevent a family tragedy and prolonged legal problems."
Common Characteristics Of Addiction
- Addictions are normal pleasurable behaviors..sex, food and drinking are essential to survival..but only in moderate amounts! ...the brain works like this: if you taste or experience something that you like, that feels good, you're reinforced to do that again.
- To alter their present state of mind or feeling
- The body develops a physical tolerance
- Removal of the substance or activity produces painful or discomforating withdrawals.
- Addictions cause repeated behavioral problems and activity of use take up a lot of a persons time.
Top Czech Beer Drinker
Prague, Czech Republic - Qualifying was hard enough - downing two pints of beer in one gulp. But that was only the prelude to an arduous bout of elbow-bending.
The winner? A bus driver who rarely indulges in alcohol.
The man, who was not identified by the state CTK news agency, put away 20 pints of brew to triumph at the annual beer drinker' contest in Strakonice.
The contest, held about 75 miles southwest of Prague, was open to anyone who could drain a two-pint glass of beer in one gulp.
Many cleared that hurdle. After a short break, the contest began in earnest - competitors had to down six pints in one hour.
Only eight finalists survived into the evening. And only two mode it to midnight, when the winner was announced.
The driver, received $320 in prize money, said CTK.
Czech have one of the highest beer consumption rates in the world - downing an average of nearly 42 gallons each annually.
SIGNS OF INTOXICATION
- Inhibitions Become Relaxed
- Overly friendly
- Loud
- Changing volume of speech
- Drinking alone
- Annoying others
- Using foul language
- Drinking more or faster than usual
- Reactions Are Affected
- Slurred speech
- Slow and deliberate movement
- Decreased alertness
- Quick, slow or fluctuating pace of speech
- Judgment Is Impaired
- Complains about strength of drink
- Changing consumption rate
- Ordering Doubles
- Argumentative (e.g., low-key
- altercations, confrontations or
- heated arguments)
- Careless with money
- Buying rounds for strangers
- Irrational statements
- Belligerent
- Lighting more than one cigarette
- Loss of train of thought
- Loss of Coordination (muscle control)
- Fumbling with money
- Spilling drink
- Cannot find mouth with drink
- Unable to sit straight on chair or barstool
- Swaying, drowsy
- Stumbling
- Bumps into things
- Falling
- Unable to light cigarette
- Physical Appearance
- Red, watery eyes
- Disheveled clothing
- Sweating
- Smell of an alcoholic beverage on person
- Droopy eyelids
- Lack of eye focus
- Flushed face
Acetaminophen May Cause Liver Damage
CHICAGO (AP) Moderate overdoses of painkillers such as Tylenol can cause severe liver damage in people who are too sick to eat, a study says
But researchers emphasized that acetaminophen, one of the most widely used medications for minor illness and pain, is also one of the safest when taken properly.
"The message is to follow the directions and be sensible in using any medication," said Dr. David C. Whitcomb, an assistant professor of medicine at the University of Pittsburgh and lead author of the study in Wednesday's issue of the Journal of the American Medical Association.
Previous research has shown that acetaminophen can damage the livers of hard drinkers at lower overdoses than in other people. But the new study shows overdoses can cause liver damage in nondrinkers if they don't get enough to eat.
Moderate overdoses of acetaminophen led to liver damage in 10 of the patients with liver damage treated at the university over 5 1/2 years, a review of records showed.
Eight of the 10 patients had been eating little, and three had been drinking alcohol.
One of the patients died and another required a liver transplant. The rest recovered completely.
A moderate overdose was defined as 4 to 10 grams of acetaminophen the equivalent of eight to 20 extra-strength tablets within 24 hours. The maximum recommended dose is 4 grams, or eight extra-strength tablets, in 24 hours.
The study also found eight additional patients who took high overdoses of acetaminophen more than 10 grams in 24 hours and suffered liver damage. Five had been fasting, and seven were chronic drinkers.
Two of the eight died and one required a liver transplant.
Most of the patients fasted because illnesses made them too sick to eat, Whitcomb said. In some cases it was a severe sore throat or toothache, in others the flu or migraine headaches with nausea and vomiting.
The manufacturer of Tylenol said the study should not change the way consumers use its product.
"In the majority of cases, the overdose was combined with prolonged periods of fasting and-or excessive use of alcohol," said Johnson & Johnson, parent of Tylenol maker McNeil Consumer Products Co. of Fort Washington, Pa. "This is a rare combination of extremes that shouldn't concern the millions of people who have used Tylenol safely for more than three decades."
In the past ten months or so two Accidents, Alcohol and Pot studies have emerged from the National Highway traffic Safety Association (NHTSA) which looked at the safety implcations of various substances with respect to driving.
These studies are readily available in the public domain. Here's a review of one of the studies:
NHTSA Accident Study Finds Alcohol, Not Drugs the Big Danger on the Road; Marijuana By Itself Not an Apparent Driving Hazard A newly released National Highway Transportation Safety Administration study indicates that alcohol is by far the leading cause of drug-related traffic accidents, while marijuana poses negligible danger except when combined with alcohol.
The study, the most comprehensive drug accident survey to date, is dated October 1992, but is only now being released. A researcher familiar with the project says this is because it contradicts the government's official anti-drug line that illicit drugs are a major public safety hazard.
The study investigated blood samples from 1882 drivers killed in car, truck and motorcycle accidents in seven states during 1990 - 91. Alcohol was found in 51.5% of the specimens. Just 17.8% showed traces of other drugs; marijuana was a distant second to alcohol at 6.7%, followed by cocaine (5.3%), benzodiazepine tranquillizers (2.9%) and amphetamine (1.9%). Two-thirds of marijuana- and other-drug-using drivers were also positive for alcohol.
The report concluded that alcohol was by far the "dominant problem" in drug-related accidents. A responsibility analysis showed that alcohol-using drivers were conspicuously culpable in fatal accidents, especially at high blood concentrations or in combination with other drugs, including marijuana. However, those who used marijuana alone were found to be if anything less culpable than non-drug-users. The report concluded, "there was no indication that marijuana by itself was a cause of fatal accidents."
The NHTSA report, "The Incidence and Role of Drugs in Fatally Injured Drivers," by K.W. Terhune, et al. of the Calspan Corp. Accident Research Group in Buffalo, NY (Report # DOT-HS-808-065) is available from the National Technical Information Service, Springfield VA 22161.
New Vehicle Code Legislation for 1995 Vehicles: DUI Procedures
- Modifies reporting and notice requirements of the DMV regarding DUI's
- Eliminated to court's ability to waive the mandatory 10 jail sentience upon subsequent conviction of DUI.
- Expands vehicle impoundment on DUI arrest.
DUI License Suspensions
Revises conditions for administrative suspension of driver's licenses, and for restoration of the driving privilege, following an arrest for driving under the influence. Raises the age limit for driving with a .05 percent BAC from 18 to 21 years.
Extends the suspension for drivers under age 21 who refuse a preliminary alcohol screening test. Authorizes a person who has been administratively suspended to request a license hearing as provided for other DUI suspensions. Makes administrative suspension causes for impoundment of a vehicle.
Revises the DUI treatment program provisions by requiring proof of completion of treatment within a time period set by the DMV after conviction.
Makes other technical and clarifying changes.
Drugs; Driver's License Suspension
Directs the DMV to automatically suspend privilege to drive for six months on each conviction of any drug offense, whether or not a driving offense is involved. Driver's licenses are to be surrendered to the court.
Suspended Driver's Licenses: Vehicle Forfeiture
The Safe Streets Act of 1994 authorizes impoundment of a vehicle owned and operated by an unlicensed or suspended licensed driver with a prior violation of driving on a suspended or revoked driver's license. Requires a court hearing on petition of forfeiture and provides for a filing fee of up to $50. Establishes a conclusive presumption that a certified-mail notice of license suspension has been delivered.
Ignition Interlock Devices
Recasts procedures governing ignition interlock devices. Allows a court to prohibit any person convicted of driving under the influence of alcohol beverages or drugs, regardless of whether probation is granted, from operating a motor vehicle without an ignition interlock device.
- Requires the Judicial Council to adopt rules for 'interest of justice' exemptions to mandatory installation
- Establishes additional monitoring duties for courts, and requires the DMV to cross-match driver's license records with records of persons applying for change of ownership or transfer of title and to report matched records to the appropriate court.
Sentence Enhancements: Suspended License
Makes driving aon a license suspended for driving with a blood alcohol content of .08 percent or more or refusing to take a chemical test a priorable offense, resulting in enhanced penalties for other violations related to driving on a suspended license.
ALPA PETITIONS FOR CHANGES IN ALCOHOL TESTING RULES
WASHINGTON, Oct. 27 Federal Aviation Administration and Department of Transportation rules for alcohol testing are in conflict with the constitution, various federal acts, and the bill passed by Congress mandating such tests, and should be revised, according to a petition filed today by the Air Line Pilots Association.
The union's president also has reiterated his call for elimination or reduction of onerous levels of random testing in an industry that already has one of the lowest rates of substance abuse in the nation.
"We knew we were going to have some problems with the new alcohol testing rules, but now that we've had a chance to examine them in detail, it's far worse than we imagined. The rules violate the Fifth Amendment due process clause, the Federal Aviation Act, the Administrative Procedures Act, and the Omnibus Transportation Employee Testing Act of 1991, which authorized alcohol testing in the first place," said Captain Randolph Babbitt, president of ALPA.
"But under the FAA's alcohol testing rule, where my career can be ended instantaneously, I have no recourse.
"We have a zero tolerance attitude toward drug and alcohol abuse in the airlines, and that's as it should be. However, if we're going to terminate workers' careers with a testing program, we absolutely must have a zero tolerance attitude toward testing inaccuracies as well. That means adequate due process and adequate testing standards," Babbitt said.
"The lack of due process is especially offensive when you look at the procedures that are in place for other violations of the Federal Aviation Regulations.
NEARLY 90 PERCENT OF COCAINE USERS USE OTHER DRUGS FIRST
A study of the Center on Addiction and Substance Abuse at Columbia University (CASA) showing a consistent and powerful connection between use of gateway drugs tobacco, alcohol and marijuana and subsequent use of other illicit drugs such as cocaine and heroin.
The report addresses the controversial subject of the relationship of smoking cigarettes and drinking alcohol to the use of marijuana, cocaine, heroin and other illicit drugs. It is the first and most comprehensive national analysisever undertaken of all three relationships among children and adults, as experimenters and regular users.
The study reveals that children (12-17) who use the gateway drugs are up to 266 times more likely to use cocaine than their counterparts who don't use them. And the younger a child uses a gateway drug and the more frequently, the greater the risk of subsequent hard drug use.
The Center's study also found that: children (12 to 17) who use marijuana are 85 times more likely to use cocaine than non-marijuana users. children who drink are 50 times more likely to use cocaine than non-drinkers. children who smoke at least daily are 13 times more likely to use heroin than children who smoke less often.
In the News
