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  Can You Be Ticketed If Your Blood Alcohol Is Below The Legal Limit?
 


Yes. First, many states make it illegal for a minor (any person below the legal drinking age) to have any significant blood alcohol content while driving a car. (The threshold is usually set around 0.02%, to allow for mechanical error and the use of medications or mouthwash, which may artificially inflate the BAC.)

Second, the key issue is whether your consumption of alcohol materially impaired your ability to drive. Some people have a low tolerance level for alcohol, and show the effects of intoxication even when they are below the "legal limit." Additionally, if you are taking certain medications, the effects of alcohol can be magnified. The police will sometimes seek a court order for a drug test, particularly if they suspect illegal drug use as the cause of your impairment. However, whether the drugs you take are legal or not, if the net effect of the drugs and alcohol is to substantially impair your ability to drive, you can be charged with "drunk driving."

Also, some prescription drugs have a material effect on your ability to drive - the warning label on your pill bottle may specifically warn you not to drive after taking your medication. If you ignore this warning, and your driving is impaired by the medication, you can be ticketed for driving while impaired - even though you never consumed alcohol.

The Georgia Supreme Court ruled last week that criminal indictments against two lawyers must be dismissed, putting to rest a case that the state's criminal defense bar worried could threaten the livelihoods -- and liberty -- of lawyers whose clients are ultimately convicted. The lawyers were accused of stealing from the estate of a murder victim by accepting legal fees from his wife, who first inherited her husband's estate but ultimately pleaded guilty to a murder-for-hire plot.

Trial lawyer Kenneth Turnbull started at King & Spalding on Tuesday, the fifth partner to join the firm's professional liability and securities litigation practices from Orrick, Herrington & Sutcliffe since the beginning of February. David Schaefer, global director of communications for Orrick, said that despite the loss of the five partners, the firm still has a 65 lawyer-strong security and litigation enforcement group and "expects another successful year."

A D.C. judge has dismissed the Filegate lawsuits, ending a case that bedeviled the Clinton White House. Plaintiffs sued after the administration said it had mistakenly ordered up the FBI files of some 400 Bush I and Reagan officials. Tuesday, Chief Judge Royce Lamberth concluded, "After ... endless depositions, the fictionalized portrayal of this lawsuit and its litigants on television, and innumerable histrionics, this Court is left to conclude that with this lawsuit, to quote Gertrude Stein, 'there's no there there.'"





 

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