Gary Smith's Blog Posts

We all know that driving under the influence of drugs or alcohol can impair judgment and put everyone’s lives at risk. But we do not often think of the intoxicating effect of that all-nighter or the common case of “burning the candle at both ends.” If you are running on empty (sleep, that is, not fuel), you are putting yourself and others at risk.

On June 7, a sleep-deprived Walmart truck driver crashed into a car that was carrying, among others, comedians Tracy Morgan and James “Uncle Jimmy Mack” McNair on the New Jersey Turnpike, killing McNair and seriously injuring Morgan. According to New Jersey prosecutors, Kevin Roper, 35, of Jonesboro, Ga., had been awake for a period in excess of 24 hours at the time of the crash. As the NY Times reported, investigations found that Roper swerved at the last minute to avoid a collision with slow-moving traffic up ahead that he had failed to perceive, causing the multi-vehicle crash that killed one and injured several others. [Read more…]

Biking is becoming an increasingly common way of traveling the roadways in cities and towns across the United States, and, as with any other method of transportation, safety is a concern.  Laws against drunk driving are relatively apparent but what about biking under the influence?

The dangers of drunk driving are apparent and so are the consequences of being charged with a DUI.  But, for bicyclists pedaling home after a few drinks at the bar the rules and consequences aren’t so clear.

According to an article from the Huffington Post, this is an issue that is taken rather lightly by citizens and lawmakers.  Events in cities and towns nationwide actually encourage people to head home on their bike after a boozy night out despite well-documented dangers of bicycling under the influence. [Read more…]

As an experienced DWI attorney in New Orleans, Louisiana, I often see confusion within the state about drunken driving terminology. This is to be expected, as different states in the U.S. use different acronyms for the charge, even ones that border Louisiana.

In Louisiana, driving while intoxicated, or DWI, is the term used to describe impaired or drunken driving. Texas also uses the term DWI.

DUI is another acronym for impaired or drunken driving, standing for “driving under the influence.” Mississippi, for example, uses the term DUI.  [Read more…]