Illegal Blood Alcohol Levels Could Change

CHARLESTON, WV, July 27 – Blood alcohol levels are different from state to state. In West Virginia and Ohio it’s .10, but in Kentucky it’s .08. Now there’s a push to make all states .08 so that drunk drivers face the same consequences wherever they drive.

Right now only 18 states have a blood alcohol content of .08. Research shows there are fewer drunk drivers on the roads in those states.

Mothers Against Drunk Driving want all states to have the same blood alcohol level; .08. That’s a tougher law than what is currently on the books in West Virginia. If states don’t comply, they would suffer the consequences.

“If a state chose not to drop it to .08 it would have to give up some federal highway dollars and in a state like West Virginia, we can’t afford to do that,” says Bill Woodrum, executive director of MADD of WV.

Parents like Warren Estes feel this would make our roads safer.

“You would be taking a lot of people who think they’re not drunk, which they are, off the road and save a lot of other people’s lives,” Estes says.

Nancy Naylor believes lowering the blood alcohol level would be unfair.

“If you lower it, individuals won’t have the independence to frequent restaurants that have lounges and bars to have wine or a cocktail,” Naylor says. Zane Garrett is a manager at a bar and restaurant in Charleston. He supports the change but doesn’t think it’s going to change people’s drinking habits.

“I don’t think it would hurt our business at all because people are still going to come out to eat and drink and have a good time,” Garrett says.

Lawmakers from the U.S. House and Senate will discuss changing the blood alcohol limit so it’s the same in every state. The Senate included the .08 change in one of its bills but the House didn’t. The two sides will meet to iron out their differences. If this becomes legislation, states that don’t comply could lose federal highway dollars.

Illinois Governor George Ryan Calls on Lawmakers to Reform Drunken Driving Penalties

ARLINGTON HEIGHTS, Ill. (AP) — Gov. George Ryan said judges and lawmakers should consider more stringent measures to curb repeat drunken driving in Illinois.

His ideas range from making treatment or counseling a mandatory sentence for those convicted of driving under the influence to revamping laws that allow first-time offenders to wipe their records clean.

Ryan responded to a statewide study by the (Arlington Heights) Daily Herald that found that more than 160 people had at least five DUI convictions between 1996 and 1999. Almost 5,400 people had two or more DUI convictions in that period. And more than 185,000 drivers have logged more than one conviction or court action since record keeping began.

As secretary of state, Ryan successfully lobbied lawmakers to lower Illinois’ blood-alcohol limit for DUI convictions from .10 to .08. But he said he is outraged at the court system’s treatment of multiple offenders.

“They walk out of the courthouse after seeing the judge, get in their car and drive away,” Ryan said. “The judge ought to ask him, ‘How’d you get here today? How are you leaving here today?’ and ‘Who’s driving?”’

Ryan suggested lawmakers rethink court supervision — a finding of guilt that is not treated as a conviction by the legal system and that is kept off public driving records — for DUI offenders. Anti-drunken driving activists want to abolish supervision for DUI offenders, but some lawyers believe supervisions deter some first-time offenders from driving drunk again.

Patrick McGann, the supervising judge for the Chicago Traffic Center, said jail time should be a part of the conditions of supervision. But he said probation and alcohol intervention efforts outside of jail should be used more often in dealing with repeat drunken drivers.

The Daily Herald also found that a group of 10 of the worst repeat drunken drivers habitually drove without valid licenses. McGann said lawmakers should consider holding auto salespeople liable for selling cars to drivers with bad records in much the same way some governments are considering holding weapons dealers liable for selling guns to criminals.

“This is a societal issue, and all of us have to get involved,” McGann said.

A new program that includes extensive drug and psychological testing as well as a more thorough examination of DUI offenders’ records was beginning Monday for offenders within the city, McGann said.

Montana Woman given 30-year term for 8th DUI

Anne Palmersheim, who pleaded guilty to her eighth offense of drunken driving in May, was sentenced Monday to 30 years in the Montana Women’s Prison, with all but 13 months suspended.

Yellowstone County Deputy Attorney John Petak said later in the day that he believes Palmersheim will have to be resentenced.

Palmersheim appeared Monday morning for the sentencing before District Judge G. Todd Baugh. Baugh initially postponed the sentencing for a week because Palmersheim’s lawyer, Billings attorney David Duke, wasn’t in the courtroom. Duke showed up just before the court session ended, and Baugh proceeded with the sentencing. Petak said his office recommended a sentence of seven years at the women’s prison, with two years suspended.

Because Palmersheim had been convicted of a second felony within five years of the first, the county attorney’s office charged her as a persistent felony offender. That means Palmersheim should have been sentenced to be incarcerated not less than five years and not more than 100 years, Petak said.

Instead, Baugh sentenced Palmersheim to 30 years with all but 13 months suspended, four years of supervised probation and 25 years of unsupervised probation.

Petak said Baugh was made aware of the persistent felony offender designation, and said it would be up to the judge to decide what to do. Petak said under state law, Palmersheim’s attorney could seek an exception to the mandatory minimum sentencing law.

Palmersheim, of 512 Miles Ave., was arrested on her eighth DUI offense on Feb. 7 after she ran her car into a bathtub in a yard in the 1000 block of Broadwater Avenue. Officers found an uninjured Palmersheim still in her car, which was sitting partially on top of the tub.

According to court records, when the police officer asked what happened, Palmersheim said she didn’t do it. Officers sprayed Palmersheim with pepper spray after she kicked the windows of the patrol car while on the way to the jail. She pleaded guilty on May 8 and admitted that what she had done was wrong.

Are Affluent People Treated Differently In Drunk Driving Cases?

Although incidences of drunk driving happen in states across the nation, some DUI cases capture national attention better than others. This is often because these cases present an issue that is not just specific to one state but is something that can be addressed in other states as well. Take for example the infamous ‘affluenza’ case out of Texas. While this case happened far from Washington’s jurisdiction, it raised questions about the treatment of affluent people after a  DUI arrest.

Now, months later, a case out of Olympia is raising those same questions. You may have already heard about the case in which a man was arrested and charged with drunk driving after a police chase in December 2013. After careful consideration, a Thurston County judge sentenced him to a year of work release with no jail time. It was a sentence that did not sit well with some people in the community.

According to a group of protestors in the area, the man was given special treatment because he was rich. Just like in the case of the ‘affluenza’ teen, the man was given a lesser sentence. The protestors believe this was unfair and pointed to his six prior DUI arrests as proof that affluent people are treated differently in drunk-driving cases.

But with criminal cases such as this, a judge’s duty is not to provide the public with a sense of justice but rather to provide a fair trial to the person who is accused. When it came to sentencing, the judge likely considered the fact that no one was reported to have been hurt or killed in the incident. Also, the man is an important businessman in the community. Sending him to jail might have had a significant impact on his business, which would in turn have affected his workers as well.

And as for those six DUI arrests that protestors are so angry about, reports do not indicate if prosecutors even followed through with pressing charges in those cases. This means that any following DUIs would not have incurred the stacking charges so many are used to seeing. In truth, this may have been the first DUI charge the man had been considered guilty of, which is why the lesser sentence may have been applied in this case and not because of his economic standing in the community.

Were you arrested for DWI contact an attorney today.

What Does a Legal Nurse Consultant Do?

Legal Nurse Consultant Qualifications

  • Experience
    • A strong background in medical-legal consulting and solid clinical experience.
  • Education
    • Nursing education and other medical-related education
  • Professionalism
    • Strong oral and written communication skills
  • Involvement
    • A demonstrated commitment to the field through involvement in national and local professional organizations

Why Hire an MRA Consultant?

Because of the expertise in medical issues our associates can bring the following benefits:

  • KNOWLEDGE; a network of medical and professional contacts
  • EXPERIENCE; clinical experience which includes interpretation of medical records, documents, and medical-legal issues
  • COST-EFFICIENCY; can select a viable case and maximize it’s value or, alternatively, assist in defending the case by mitigating or obliterating the liability or damage issues and award”

What Does a Legal Nurse Do?

In the course of their work, a consultant may be involved in any of the following:

  • Maintain the confidentiality of your practice
  • Conduct client interviews
  • Identify standards of care, causation, and damage issues
  • Conduct research and summarize literature
  • Help to determine the merits of the case
  • Prepare chronologies of medical events and compare and correlate them to allegations
  • Educate attorneys regarding medical facts and issues relevant to the case
  • Assist with depositions and preparing exhibits
  • Organize medical records and other medically related litigation materials
  • Identify and retain expert witnesses

Where Does a Consultant Practice?

An associate can practice in a variety of law-related and healthcare settings and can work for both plaintiff and defense capacities in any of these areas:

  • Law firms
  • Independent practice
  • Insurance Companies
  • Government offices

Assessing Medical Records and Analyzing the Case

  • Identify, locate, review and interpret relevant medical records, hospital policy and procedures, other documents and tangible items Organize, tab and paginate medical records for easy reference.
  • Prepare chronologies of the medical events involved in a case.
  • Summarize, translate and interpret medical records to enhance the attorney’s understanding of healthcare issue.
  • Identify issues of tampering with the medical records.
  • Screen medical malpractice cases for merit Identify, locate, summarize, and interpret applicable Standards of Care and help attorneys identify adherence to and deviations from these standards.
  • Identify causation issues, assess damages/injuries and identify contributing factors.
  • Identify and recommend potential defendants.
    Develop written reports for the attorney’s use as study tools.

Nursing Shortages Put Lives In Danger

The Joint Commission for the Accreditation of Healthcare Organizations [JCAHO] August 2002 media alert stated that, “Nursing shortage puts lives at risk: Joint Commission expert panel issues urgent call to action.” Why has JCAHO issued this urgent alert? Because “patient care is suffering from a dramatic shortage of nurses, who are the front line of care and support for patients . . . too few nurses results in increased deaths, complications and other undesirable patient outcomes.” Although Annex Legal is one of the many legal nurse consultancy firms, the nursing shortage makes it hard for attorneys to correctly assess complex injury claims.

Attorneys are facing the effects of the nursing shortage in their cases. It has affected the complexion and complexity of injury claims and compounds the case analysis. What should have been a fairly straightforward PI case becomes a complex medical malpractice case, presenting difficult liability and causation issues. Further, the already complicated medical malpractice case becomes a veritable maze because understaffing in a hospital setting leads to system-wide failures resulting in multiple negligent omissions or commissions during a single hospitalization.

Nurses are the eyes and ears of the doctors and hospital and have the most contact with patients on a routine basis. If the ability to monitor and observe patients is reduced, a critical link in the system is weakened. Nurses are being required to work longer hours and attend to more patients. With the increased demand on nurses to do more with less, the function of the nurse as a checkpoint in the process to assure appropriate treatment is compromised.

A recent study published in the Journal of the American Medical Association (JAMA) found a 31% increased risk of death at hospitals where there is understaffing of nurses involved in patient care. The JCAHO is studying the issue and is expected to publish mandated nurse staffing levels. Through legislation, California has already mandated safe nurse/patient ratios.

When the attorney suspects substandard hospital care, a detailed review of the records, including nursing notes, is required. The attorney should look for continuity of care. For example, if a physician orders monitoring of a patient’s vital signs at 15-minute intervals, the nursing notes should reflect this pattern. If the pattern varies widely, with vitals signs checked at 15 then 30 then 60 minutes, this could be indicative of the lack of appropriate monitoring and other negligent omissions.

Documentation other than the patient’s medical record is important to substantiate a claim that understaffing has affected a patient’s outcome. The attorney should request nurse staffing records and patient census reports. These should be analyzed for nurse/patient ratios, patient acuity levels (how sick they were and, therefore, how labor intensive were their care needs), and compared to hospital Policies and Protocols on nurse/patient ratios.

Nosocomial (hospital-acquired) infections occur at a significantly increased rate at understaffed hospitals. A simple procedure can turn into a complicated infectious disease process, increasing costs, prolonging hospitalizations, worsening outcomes and complicating prognoses. Understaffing contributes to the infection rates by cutting corners and reducing important monitoring tasks. Statistics regarding the hospital’s infection rate should be obtained. The hospital’s Policy and Protocol manuals should be reviewed for evidence of how the institution should identify, track and resolve nosocomial infections. If the patient underwent surgery, culture records from the surgical suite and equipment should be scrutinized for common links to the patient’s illness.

The issues presented here are only the beginning. If the trial lawyer suspects understaffing of nurses has lead to complications during a hospitalization, please call or contact us to discuss the additional areas to be analyzed with a car accident lawyer in Queens.

Jacksonville Police Officer Involved in Car Accident

Normally when we think about Saginaw car accidents, we imagine the police coming to the scene of the accident in order to provide help to the car accident victims. Yesterday morning, the police arrived at the scene of a car crash but were perhaps surprised to find one of their own already at the scene. A Jacksonville, Florida police officer was involved in a car accident Wednesday morning and when fellow officers arrived at the scene they smelled alcohol on the officer.

A 39-year-old uniformed Jacksonville police officer was on his way home from work when he got into an accident early yesterday morning at 2:00 a.m. The officer was traveling on Greenbriar Road near County Road 210 in St. Johns County when the accident happened. As the officer was driving westbound on Greenbriar Road, he turned into the eastbound lane of the road and struck an oncoming car driven by an 18-year-old male.

The 18-year-old and the 39-year-old police officer suffered minor injuries from the accident; both were taken to a nearby medical facility. As the police officer was being taken to the hospital, a state trooper accompanied him and smelled alcohol on the Jacksonville police officer’s breath. The state trooper requested a blood alcohol sample, but the officer refused. At the accident scene, no containers of alcohol were found in the car, but beer was found spilled on the floor of the officer’s patrol car.

The officer was involved in two prior car crashes. The first one occurred in 2001, and the officer received formal counseling for the accident. The second crash happened in 2004, and the officer received a written reprimand. The same officer also received two other written reprimands for two other incidents. The officer was suspended for five days in 2010 for failing to abide by the department’s drug policy.