Michael C. Heyden Law Office
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New Castle County Law Blog

Be careful how you respond to officers about field sobriety tests

Flashing lights and sirens behind your vehicle signaled that the officer wanted you to pull over. At first, you hoped the officer simply wanted you out of the way to get to someone else, but that didn't happen. Once you pulled off the roadway, the officer approached you and began a conversation.

At some point, the officer suspected you of drunk driving and asked you to step out of your vehicle. You may have known what the next request of the officer would likely be, and that is to administer field sobriety tests. Right here is where you may want to take a pause and carefully consider your response. Your decision could have a significant effect on what happens next.

Staying safe while you're driving over the holidays

The holiday season is here, which means you may be planning on hopping in the car with your family and heading to see loved ones at some point over the next few weeks. It is common for people to travel more during this time of year, which means you could be sharing the road in Delaware with a lot of people at one time. It is especially important for you to remain vigilant and stay safe. 

Late December is one of the busiest travel times of the year. According to the National Safety Council, it is also a time when many fatal and serious car accidents will occur, largely due to the number of people traveling and drunk driving. While you cannot control the actions of others, you can take steps to protect your own personal safety. You can also learn more about what you can do in the event you are in an accident caused by a reckless or negligent driver.

Delaware travelers at risk in road rage collisions

Unless you're a Delaware police officer on traffic duty, you can't do much about another driver's behavior. You might be able to safely distance yourself from a motorist acting recklessly. Then again, high levels of traffic, highway speeds and other issues could prevent you from escaping a collision, especially if there's an enraged driver in your midst.

Road rage is serious problem in Delaware and throughout the country. It's one thing to make an angry face at another motorist while driving. It's quite another to cut a driver off or otherwise use a vehicle for aggressive purposes out of anger on the road. The latter causes many collisions and serious or even fatal injuries.

Slip, trip and fall hazards at hotels and resorts

Staying at a motel, hotel or resort may seem like a routine occurrence. You check in, make yourself at home and hope to enjoy your stay. What happens if your getaway turns into an emergency?

Slip, trip and fall hazards are plentiful at hotels. Negligence by the property owner or staff may cause or contribute to many of these dangerous conditions. If you suffer an injury due to a slip, trip and fall accident, you may want to pursue compensation by filing a premises liability claim. Here are some common hazardous conditions that can cause you to fall at a resort.

5 apps to help you avoid drunk driving

Drunk driving is a serious issue. If you drive while intoxicated, you may endanger lives and face criminal consequences. However, even though you are aware of the risks, it can be easy to overindulge sometimes. 

Thankfully, there are several tools at your disposal that can help you avoid driving under the influence of alcohol. Your phone can save lives and keep you out of jail. Here are some anti-drunk driving apps to consider downloading. 

Understand these myths about Traumatic Brain Injury

Traumatic Brain Injury, also known as TBI, is a potentially devastating medical emergency often caused by a motor vehicle accident. You can receive significant brain damage even in a seemingly mild collision.

TBIs are a significant cause of about 30 percent of all deaths and disability from accidents. Many TBI victims incur life-long disabilities that can also affect their family's quality of life through loss of income, emotional disturbances and difficult at-home care.

How to get help for construction injuries in Delaware

Although nearly anyone can suffer an injury on the job, there are certain occupations with a much higher-than-average risk for workplace injuries. Construction workers rank at the very top among these employees, with a disproportionate risk of injury every day on the job.

In Delaware, there are laws that protect workers from on-the-job injuries, and there are options for getting compensation to pay for medical bills and missed days at work. Construction workers are particularly in need of these protections. The Bureau of Labor Statistics noted that construction is the most dangerous industry in the United States.

A guide to Delaware domestic violence laws

Domestic violence is a serious crime in Delaware. This violent crime comes with criminal punishments, including fines, incarceration and orders of protection. If you face accusations of domestic abuse, you may have concerns about the implications. 

Getting a domestic violence conviction may seriously affect your life. If you have worries about a domestic abuse conviction, you should learn the basics of the law to understand your charges.

You are safe as long as your BAC was under 0.08 percent, right?

Wrong. In many cases, yes, you can avoid a DUI charge if police officers find that your BAC is under 0.08 percent. However, that is not always a guarantee against criminal charges. For example, if you were swerving all over the road, you could face charges even with a BAC of, say, 0.06 percent. Even the  Delaware DMV website states that anything more than 0.05 percent is enough to get you arrested. Part of the reason behind this is that alcohol affects people differently. You may not have drunk in years, so it could have taken just one or two glasses of wine for you to drive unsafely. Meanwhile, someone who regularly drinks may still have been able to drive reasonably safely at a 0.06 percent BAC.

There is also the fact that if you are younger than 21, the BAC limit changes from 0.08 to 0.02 percent.

What are the penalties for DUI in Delaware?

When you are facing a DUI in Delaware, you may underestimate its impact on your life. You may believe it easier to go through the legal motions to get the process over with and move on.

However, doing so can have far-reaching consequences in all areas of your life. Once you are familiar with them, you may realize the importance of having a criminal defense attorney by your side to try to reduce the effects of a DUI.


Michael C. Heyden Law Office
1201 North King Street, Suite B
Wilmington, DE 19801

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Phone: 302-416-4695
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