Memorial Day weekend is a time to honor and show appreciation to all who selflessly serve our country. Of course, unofficially it marks the beginning of the summer season and a time to celebrate and spend time with family and friends. Traditional Memorial Day weekend festivities involve a lot of food and drink. The three-day hiatus compels the masses to overindulge on these amenities – sometimes alcohol – often creating dangerous situations that cause serious accidents on our roadways. Our San Diego automobile accident attorney recognizes the increased risk of car accidents during this time.
This year there was a bit of good news locally.
During this past Memorial Day weekend, according to an article in CBS8.com, the California Highway Patrol arrested 68 motorists on suspicion of driving while intoxicated in the San Diego area. As reported by the California Highway Patrol, this number was 15 fewer than last year. Even more encouraging news is that no fatalities occurred on the local roads in the San Diego area during the Memorial Day weekend.
However, the fatality statistics on a statewide level was not as favorable. During the holiday weekend, there were a total of 25 deaths caused by automobile accidents – three more than during the Memorial Day weekend in 2011.
Every injury and death caused by negligent driving is unacceptable. Our San Diego car accident attorney appreciates the significance of understanding the legal and emotional consequences of a DUI charge so as to decrease the number of automobile accidents related to the consumption of alcohol. Pursuant to the California Vehicle Code § 23152(b), it is unlawful for any person who has a blood alcohol level of .08 percent or more to drive a vehicle in San Diego County. If it is established that an individual was driving while under the influence, it is presumed that the impairment was a result of the consumption of alcohol. Therefore, if it is found that an individual’s BAC is at a level of .08 percent or more, then he/she cannot assert the defense that the impaired driving was a result of some other cause.
California DUI law is even more stringent for minors under the age of 21. California has zero tolerance for minors driving while under the influence. A minor operating a motor vehicle with a BAC of .01 percent or more is deemed to be driving under the influence. Minors driving while intoxicated are more prone to suffer not only severe legal consequences but also serious injuries from the increased risk of car accidents.
Of course those laws refer to criminal penalties that those convicted of DUI might face. In addition to criminal proceedings, any individual hurt in an accident caused by drunk driving can file a civil lawsuit to recover compensation for the losses they incurred.
We are hopeful that the city will continue to be successful at decreasing incidents of automobile accidents resulting from driving under the influence. However, in the event that you or a loved one are the victim of a car accident in San Diego, or any other accident causing personal injury, please contact our San Diego County personal injury lawyer to learn what can be done to help you recover.
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