Terry Moogan is claiming that one of the most popular Hollywood actors Tom Hanks and his wife Rita Wilson need to be held responsible for the fact that their son Chet Hanks was allowed to operate their vehicle even though he was “driving under the influence of drugs or alcohol”. Moogan has suffered a whiplash as well as a brain trauma in the accident that took place back in February after he hit his head on the dashboard. In his lawsuit Moogan claimed that both Tom Hanks and Rita Wilson were negligent and, even though they knew that their son Chet is a habitual drugs and alcohol user, they nevertheless allowed him to drive their car.
With that said, Chet Hanks himself tweeted a while ago that he was using too much drugs, namely cocaine and that this fact turned into a genuine problem, so he was doing his best to stop. Some time ago he tweeted that he finally hit his six months sobriety mark and that things are going pretty well for him.
Even though Moogan is claiming that Chet Hanks was driving under the influence, the law enforcement authorities were not called to the scene. This means that there are no records of Hanks being under the influence of drugs or alcohol, no police reports or tests – nothing, except for the words of Moogan himself.
Furthermore, one must keep in mind that Chet Hanks is also 25 years old. This means that his parents cannot be held responsible for his actions. According to the law, parents may be charged for something their child might have done only in case the child is under 18 years of age or is a dependent. Well, surely, Chet Hanks, who already has a great career of his own, cannot be viewed as a dependent in any way. Even though Moogan is trying to build his lawsuit around the fact that Tom Hanks and Rita Wilson were not supposed to allow their son to drive their car knowing about his drug abuse in the past, the overall case is very weak and will not succeed.
One way or the other, being arrested for driving under the influence is not the kind of experience that you would like to go through. However, in case a law enforcement officer is pulling you over and you had a small beer a couple of miles ago, do not panic. First of all, keep in mind that you are not obligated to answer any of the law enforcement officer’s questions. Instead, you can politely tell him or her that you would like to consult your DUI lawyer first, since it is your right.
In addition, keep in mind that having BAC (Blood Alcohol Content) below the .08 threshold is not illegal and simply explains why your breath may smell of alcohol.
Secondly, the law enforcement officer is going to want you to submit yourself to field sobriety tests. These are fairly simple – you will need to touch your nose with your finger, walk a straight line, recite the alphabet backwards and so on. You do not have the right to consult your legal representative prior to the tests, but you do have the right to refuse to submit yourself to those. After all, the law enforcement officer may be quite subjective when it comes to these tests and you may have concerns that he or she is going to make a decision purely in line with subjective considerations.
Then there is the breathalyzer test. The law enforcement officers are commonly using this test in order to determine whether or not you were drinking. In case you are not yet arrested, you have the right to refuse to submit yourself to this test. Nevertheless, one way or the other, in case you are arrested, you will need to go through the test during the arrest and afterwards as well.
Finally, there is the blood test, which is the most accurate form of testing out there. In case you feel that your BAC does not surpass the legal threshold, it means that the blood test is the ideal choice for you. It will give the most accurate results and the sample will be preserved under special conditions, so your legal representative is going to have access to it in the future. You are obligated to submit yourself for this test in case the law enforcement officers have valid reasons to believe that you were actually driving under the influence. Should you refuse, the DMV (Department of Motor Vehicles) is going to suspend your driving privileges for a term of one year. This decision does not rely on the outcome of the DUI criminal proceedings. Of course, you could argue with that decision, but you will need to do so within 10 days after the arrest, otherwise you risk losing your license.
It is very important for you to understand that regardless of whether you were arrested for a misdemeanor DUI or a felony DUI, the legal consequences can be genuinely severe. Especially if you were involved in a DUI accident. We are talking about having to pay expensive fines, being obligated to attend alcohol or drug awareness classes, being obligated to perform community service, having to install the ignition interlock device, losing your driving privileges and even being incarcerated. That is right – there is always a possibility to spend time behind the bars in county jail or state prison.
Furthermore, think about the impact of DUI criminal records on your life – you may risk losing your job, being expelled from college, family conflicts and so much more. Therefore, it is apparent that in case you were charged with driving under the influence of alcohol or any kind of illegal substances, the very first thing that you will need to do would be getting in touch with a qualified as well as genuinely experienced legal representative at the earliest opportunity.
The Seattle DUI Experts
