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Drunk driving arrests aren't solely based on breath tests

Most Louisiana residents are under the mistaken impression that as long as their blood alcohol concentration is not above the state's legal limit of .08 that they will not be arrested for DUI. Unfortunately, most arrests for drunk driving are based on more than just a roadside breath test. This is because many people rightfully question the accuracy of a breath test in court.

In fact, if enough "evidence" of intoxication exists, a person's BAC does not have to reach .08 to preliminarily substantiate an arrest. BAC results between .05 and .07 could also result in an arrest. Officers often rely on other evidence and testing in an attempt to bolster their contention that a driver was intoxicated. For example, field sobriety tests are common and often recorded as evidence. The problem with this is that any number of physical conditions can cause a sober person to fail these tests.

Will accident victim's family file a wrongful death claim?

Losing a loved one is never easy, but when that loss comes unexpectedly and violently, it can devastate those left behind. In the aftermath of such a loss, a family may not be thinking about the financial impact of it. However, at some point, monetary losses could prompt surviving family members to seek restitution through the filing of a wrongful death claim.

The surviving family members of a 32-year-old Louisiana man may consider filing such a claim in the aftermath of his death. According to preliminary reports from the Louisiana State Police, the man was riding a motorcycle at the time of the crash. As he headed west on Louisiana 36, a vehicle traveling in the opposite direction began turning left into the rider's path.

The dangers of accidents with semi trucks

While all traffic accidents can be serious and cause physical harm, the consequences are far worse when there is a large difference in size between the motor vehicles involved. One of the most dangerous crash combinations is a semi truck and passenger car.

Tractor trailers come with a high risk of accident due to so many unique variables, such as how much sleep the driver gets, what the weather conditions are and how often the truck undergoes maintenance. Crashes with semis result in the following lasting damages.

Medical malpractice claims could settle before going to trial

Like veterans of the Armed Forces who reside here in Louisiana, many veterans rely on VA hospitals for their health care needs. They trust that the doctors working in those facilities have the patient's best interests in mind when searching for a diagnosis and creating a treatment plan. When something goes wrong, and it looks like it was the fault of the VA hospital and its medical staff, a medical malpractice claim could be an appropriate course of action. If the opportunity to settle arises, it could provide a swift and painless end to protracted litigation.

One Army veteran filed a lawsuit against the VA medical center in his area due to medical mistakes from which he may never fully recover. A VA doctor determined that the man needed a surgical procedure due to a "near completely blocked carotid artery" back in 2015 -- mistake number one. The man was told to stop his normal regimen of taking aspirin daily approximately one week prior to the procedure. That was mistake number two, and that policy changed after this man's procedure.

Could admissions of drunk driving be used against a driver?

Most people in Louisiana who drink alcohol are often no longer in control of their faculties. This often includes making statements while their judgment is impaired that they may otherwise not have made. The question becomes whether making admissions of drunk driving to non-law enforcement personnel would be admissible in court.

This could be an issue that a 19-year-old woman's criminal defense counsel raises as part of her defense. She was involved in a serious accident on Dec. 1, 2016. Police say that she was driving recklessly and ran a red light. Her vehicle then slammed into a vehicle already in the intersection. Both drivers suffered serious injuries.

Man charged with felonies will have right to confront witness

Ordinarily, contacting tip lines such as Crimestoppers allows callers to remain anonymous under Louisiana law despite the fact that it does not provide the accused with the right to confront all witnesses against him or her in court. A tipster in a case involving felonies connected to the death of a woman in June 2015 had this protection at one time. However, the judge presiding over the criminal case recently ruled that the tipster's subsequent actions nullified that protection.

The shooting death and subsequent burning of the victim and her car was the subject of an episode of the television show "The First 48." After the show aired, the tipster came forward and provided a recorded interview to police. The witness then identified the man accused of the crimes in a lineup. By taking these actions, the witness is no longer protected by Louisiana law and can be called as a witness in the case.

Fire presents an additional danger in auto accidents

Predicting what will happen during a motor vehicle collision is nearly impossible. Unexpected consequences arise in many auto accidents, and one of them is fire. When vehicles catch fire, the occupants face an additional danger that could cost them their lives. Fire more than likely contributed to the death of a Louisiana man in a recent crash on Interstate 10.

The accident occurred sometime before 5:30 p.m. on April 19. Preliminary reports indicate that traffic had slowed on I-10, but the driver of an 18-wheeler failed to slow in response to this change. The mammoth vehicle slammed into the back of one vehicle, which was pushed onto the shoulder, but not before it struck the back of a third vehicle.

What does expungement mean?

With an arrest, charge or conviction comes a criminal record that is open to the public. Anyone from potential employers to your neighbors can find out your criminal history and make moving on with your life difficult.

There is good news, however. You may be eligible for expungement. This means that certain parts of your record will become confidential, allowing you to leave your criminal past behind you where it belongs.

Some victims initially survive auto accidents only to die later

Even when family members are notified that a love one was involved in a serious crash here in Louisiana, they rejoice in the fact that he or she is, at least, alive. They might retain hope that their family member will walk out of the hospital someday. Unfortunately, far too many victims of auto accidents end up succumbing to the injuries they suffered in those wrecks days or weeks later.

This was the situation for one family who recently lost a loved one due to life-threatening injuries she suffered in an accident on April 2. Sadly, as she drove westbound on Interstate 10, she encountered a wrong-way driver. The 24-year-old woman's car was hit head-on by the other vehicle.

Drunk driving and pedestrians don't mix

Everyone knows that Louisiana has its share of impaired drivers. As people travel the state's roadways, they know to be on the lookout for a vehicle that could be driven by someone under the influence. Pedestrians also need to remain aware since they have even fewer protections when they encounter someone who is drunk driving.

A 43-year-old Louisiana man was walking along the southbound shoulder of LA 24 on a recent Monday night. At around 9 p.m., a vehicle headed southbound on that same highway. The driver suddenly veered onto the shoulder and careened into the unsuspecting pedestrian, who succumbed to fatal injuries there at the scene.


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