Terence 'Ernesto' McEnally, III
FAQs

The following FAQs are from the LawInfo.com website.

Do You Have To Be Drunk To Be Guilty Of Drunk Driving?

No. Years ago, a drunk driving charge meant someone was "drunk" in the way all of us commonly understand. But today, intoxication as we know it is not required for one to be guilty of drunk driving. During the last ten years laws against drunk driving have changed radically, and today they are much more severe. You may not think you are drunk. Those around you may not think you are drunk. Indeed, for the purpose of every other situation except driving, you may not even be considered drunk. But your condition may be enough for you to be found guilty of a drunk driving offense under the current definition of the law. And if you are convicted, you will suffer some very harsh penalties.

Can The Officer Pull Me Over For No Good Reason, Ie. At Random?

No. The stop must be justified by probable cause or a reasonable suspicion that criminal activity was afoot. Usually, the officer will base the stop on a violation of the traffic code, such as speeding or weaving in your lane. They can also stop you for not wearing a seat belt or for having illegally tinted windows.

Do I Have To Answer Questions About Where I Have Been And Whether I Have Been Drinking?

No. You are NOT required to answer any questions about where you have been and whether you have been drinking. You are required to identify yourself if requested by the officer. You should NOT answer any questions except to identify yourself.

What Happens To Me If I Am Pulled Over By The Police For Investigation Of Drunk Driving?

If you are stopped, always be courteous and cooperative with the officer even if you are free of any type of alcohol or drugs, and even if you are certain that your driving did not show anything unusual. Never argue with the officer. Law enforcement is a tough, often nerve wracking job and the "attitude" you show to the officer can often make all the difference as to whether or not the encounter will be an unpleasant one for you.

What Should I Do If I'm Asked To Take Field Sobriety Tests (Fsts)?

Unlike the chemical test where refusal to submit may have serious consequences, you are not legally required to take any FSTs. The reality is that officers have usually made up their minds to arrest when they give the FSTs; the tests are simply additional evidence which the suspect inevitably "fails." Thus, in most cases a polite refusal may be appropriate.

I Was Injured In An Accident. What Can I Do Now?

You can make a claim against another person or business and their insurance company if someone else is more at fault for your injury than you are.

How Will I Cover My Costs?

If you were injured in an automobile accident, your automobile insurance policy should include a certain amount of coverage for your medical expenses. This coverage would apply to you and your family members as well as any passengers in the vehicle. Your own automobile insurance policy will compensate you if you are injured by an uninsured driver and you have uninsured motorist coverage.

How Long Do I Have To Hire An Attorney?

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Generally, for personal injury claims, the statute of limitations is three years from the time of injury.

How Will My Claim Be Processed?

If the person who caused your injury has insurance, an insurance adjuster will gather the pertinent records including medical records, medical bills, wage loss verification and the like in an effort to verify your damages. The insurance company may make you an offer to settle the claim. You may find the offer acceptable and once you accept it, the claim process is over. If you do not receive an acceptable offer, you can proceed with filing a lawsuit.

How Can I Determine How Much My Claim Is Worth?

To determine the value of your claim, you need to look at your damages. That would include your actual damages such as medical expenses and wage loss. You are also entitled to damages for personal injuries such as pain and suffering. This can include compensation for emotional distress and mental anguish. The value of your claim may include how your pain and/or injuries affect your ability to participate in activities you enjoyed prior to the injury, such as hobbies, etc