Kids- Cars- Consequences

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Kids, Cars, And Consequences : 

Kids, Cars, And Consequences Reinhardt Law Offices 61 Stow Road Boxborough, MA 01719 (978) 881-0019-w (508) 517-6561-c [email protected] Copyright © 2010 all rights reserved By Michael R. Reinhardt, Attorney at Law

Keeping Our Children Safe : 

Keeping Our Children Safe According to SADD: 60% of all teen deaths in car accidents are alcohol- related In a family of five, there is a 200% chance that at least one family member will be involved in a drunk driving accident at some point in their lives

Talking to Your Kids : 

Talking to Your Kids At the moment, do you: Avoid the topic completely? Lecture loudly about the risks of drinking? Set incredibly strict standards, with non-negotiable consequences ?

A better alternative: Kid-centered discussion : 

A better alternative: Kid-centered discussion Studies show people remember the sound of their own voice best when recalling a conversation Ask kids to list possible legal, monetary, and personal consequence Shows them you are involved and concerned about their well being

House Rules Tips : 

House Rules Tips Have a no-questions asked ride policy, so children know they can ALWAYS call for a ride Openly discuss every drug/ alcohol rule and decision- let them know your feelings Have the punishment fit the crime- if they were Involved in drunk driving, take their keys away

Kid Have a Greater Risk of Being Stopped : 

Kid Have a Greater Risk of Being Stopped Police can stop any vehicle for an equipment issue Police can also make a stop for any observed violation Police could also stop a vehicle if “reasonable suspicion” a violation is occurring i.e. violation of Junior Operating Rules

What Are the Consequences ? : 

What Are the Consequences ?

OUI License Suspension : 

OUI License Suspension OUI 1st Offense- 24D Disposition (210 day loss of license) Second Offense- 2 year loss of license CWOF is considered a conviction by the RMV Driving after suspension is a mandatory 60 days in jail Junior Operator Suspensions Violation of Passenger Restrictions- 30 day suspension, 60 days for second offense  Speeding or Racing-Upon second offense, 180 day suspension, 3RD offense-1 year suspension.

Drug Offense License Suspensions : 

Drug Offense License Suspensions Unlawful possession of most drugs will equal 1 year suspension Exception, possession of < 1 oz of marijuana Distribution, possession with intent to distribute = minimum 2 year suspension Must be conviction

Refusal of Breath Test : 

Refusal of Breath Test Refusal of informal field sobriety breath test, administered at roadside, will not trigger license suspension Refusal of officially administered breath test, after required warnings, if < 21 will result in 3 year license suspension Suspension for refusal is separate from (and may be in addition to) suspension for conviction or admission But, refusal may not be used against defendant at trial If found Not Guilty or case is dismissed, judge may order termination of suspension for refusal, but is not required to.

Failure of Breath Test : 

Failure of Breath Test Failure equals reading of .02 if under 21 o Failure equals reading of .08 if 21 or over Failure, if under 21 and charged with OUI, typically results in 6 months loss of license.

Financial cost of OUI 1st Offense : 

Financial cost of OUI 1st Offense 24D Program, 20 weeks- Approx $600 + Bar ½ Day Program- $50 + Probation Supervision Fund, 65x12- $780 + Victim Witness Fee- $50 + Head Injury Fun Assessment- $500 Total before legal fees = $1,980 Legal fees will add $1-10,000 depending on type of case, whether case goes to trial.

Put the Cost in Their Terms$2000 could buy … : 

Put the Cost in Their Terms$2000 could buy …

Other Financial Impacts : 

Other Financial Impacts Insurance Surcharge- Will last for years and add hundreds of dollars to premiums. OUI/ Reckless Operation- Will add 5 points (the max) to driving record, need three years of no incidents to lose a point. Employment- No job involving driving for employer, or driving customers

Impact on Criminal Record : 

Impact on Criminal Record Will this go on my record?! Every time a person appears before a judge it is recorded by Probation Department In MA most employers are restricted to ask about convictions (misdemeanors less than 5 years old, felonies less than 10) Possibility of relaxation of CORI laws in near future Record sealing: pros and cons, not always possible

Collateral Consequences : 

Collateral Consequences Immigration Issues- non-citizens may have difficulty re-entering country, becoming naturalized. High School- dismissal from sports teams, band, extracurriculars College Acceptance-rescinded or reconsidered

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