Alpharetta Personal Injury Attorney Blog

This November 2 states voted to make the recreational use of Marijuana legal. Colorado and Washington State voters cast their ballots on November 2, 2012 permitting legal Marijuana use by their citizens. Governor Hikenlooper was not in favor of the measure, but did not have any veto power to stop it. According to a story by Fox News he approved the measure by executive order on December 10 because he believed he should not overrule the wishes of the people.

State Marijuana Laws At Odds With Federal Drug Laws

Both Colorado and Washington still need to work out Marijuana use regulations which will be written next year. Adults over the age of 21 will be allowed to have up to an ounce of Marijuana or six plants but the public use and sale of it is still illegal. Although these two states are allowing the recreational use of Marijuana, they are at odds with Federal law which prohibits Marijuana possession and use.

There has been a lot of speculation on what the outcome will be if Colorado and Washington continue to allow pot use while the Federal government outlaws it. This has also brought up a lot of debate on how Marijuana affects driving. Even though recreational pot use will be allowed, it is still a crime to use drugs and/or alcohol and drive and this includes marijuana. The states are going to have to figure out how they are going to regulate the amount of pot in a person that will cause impairment that is comparable to the amount of alcohol that constitutes driving impaired.

Some proponents for safe driving believe that even people who smoke regular cigarettes should not be allowed to smoke and drive because it is just another distraction on the same level as electronic devices like cell phones. Add Marijuana to the mix and they believe distracted driving accidents may increase dramatically.

Determining Marijuana Impairment While Driving Might be Hard to Prove

Police have years of experience with drunk drivers and they are aided by being able to administer a breathalyzer test to determine the amount of alcohol in a person's bloodstream. With marijuana there is no easy way to determine how much of the mood altering drug is in their system and no regulations as of yet which sets an amount as being over-the-limit. In addition, one blood test for marijuana checks for the presence of the chemical THC. This chemical in marijuana gets stored in a persons body fat for weeks after use and would indicate that a person had used marijuana, but not when such as just before driving.

Continue reading "Will Legalized Pot in Two States Impact DUI and Distracted Driving Legislation Across the Nation?" »

Each Year one-third of the 32,000 Traffic Deaths are Caused by Drunk Drivers

According to Deborah Hersman, chairman of the National Transportation Safety Board, 60% of all wrong-way accidents involve a drunk driver. Each year there are approximately 32,000 traffic deaths in the U.S. and of those roughly one-third are caused by drunk drivers. The number of those severely injured impacts thousands more. These deaths and severe injuries tragically impacts families financially and emotionally for many years.

Ms. Hersman believes that it should be mandatory for everyone who has been convicted of drunk driving, even first time offenders, to be required to have ignition interlock devices installed on their vehicle. An article on locking out drunk drivers in the LA Times believes that we should use the technology of alcohol ignition interlocks on vehicles to help reduce DUI crashes across the nation.

What is an Ignition Interlock Device?

An alchohol ignition interlock device is designed to stop an individual from driving by preventing the engine from starting if the driver is intoxicated. The driver must breath into the device which measures the alcohol content in his system and if it is above the prescribed limit it keeps the engine from engaging.

All 50 states have some type of state alcohol ignition interlock laws, but it is not uniform in all the states. In 14 states there are presently mandatory ignition interlock laws for all alcohol offences. Some states do not require it for a first conviction.

In the state of Georgia an ignition interlock is not required for a first conviction, but second dui offenders and offenders on probation are required to install an ignition interlock on their vehicle and are not allowed to drive any other vehicle unless it is so equipped. In addition, an individual with a alcohol ignition interlock driving permit is limited to driving to work, school, scheduled treatment meetings and/or treatment organizations, and monitoring visits with the ignition interlock service provider.

Continue reading "Should Those Convicted of Drunk Driving be Required to Have Ignition Interlocks on their vehicles?" »

With the Black Friday shopping stampedes behind us and a few weeks before Christmas and New Year Day Sales still to come it is a good time to reflect on how we can all enjoy a safe working and shopping experience.

Under the Occupational Safety and Health Act of 1970 employers must provide their workers a workplace that is both safe and healthy. Part of this includes keeping their employees safe from injury during the holiday shopping season and any other time where special sales or promotions may attract large crowds of shoppers. OSHA has a set of guidelines to help retailers with crowd management safety.

Retailers also have a responsibility under the theory of premises liability to keep their premises safe for their customers and this includes any hazards that might cause injuries to the public from things like inadequate maintenance, falling merchandise, exposure to toxic chemicals, poor planning, or inadequate security to name a few. The responsibility of the retailer for customer safety may also extend into the area around the business such as the parking lot.

OSHA Safety Guidelines During Times of High Volume Sales

In regards to crowd management safety during big sales, special sales, and promotional events which draw large crowds, the guidelines set forth by OSHA can help protect not only workers but also the customers. Some of these guidelines for safely managing high volume sales events include;

• Having police and/or trained security onsite
• Having barricades and/or rope lines set up in advance to maintain an orderly entry
• Have store workers explain the entrance procedure to people as they arrive
• Don't allow more shoppers to enter the store once maximum capacity has been reached
• Provide a safe entrance for people with disabilities
• Provide a separate entrance for workers
• Position sale items in different parts of the store to prevent overcrowding in any one area
• Have signs and/or distribute pamphlets indicating the location of sales items and store exits
• Consider using a lottery system for "hot items"
• Make sure exit doors are not blocked or locked
• Have in place an emergency procedure to address any potential danger

Continue reading "Retailers are Responsible for the Safety of their Customers and Employees" »