Unit 3 case study EMS legal

LEGAL IN EMS

Paul Grasso

CSU

12/13/2017

The scenario

It was sunny evening. The day was on a Thursday. I was in the office just trying to update some reports of the recent incidences that had been occurring. I had no reason to hurry since there was time to update and make everything record to be in order. There was this call that came through requesting if we could as much as possible extend our services to an accident that had occurred. The accident was between two cars. It was a serious accident where the victims were serious injured. Since from the caller, the description of the accident seemed to be serious, we had no option other than to respond immediately. With no time, we were on our way to the scene. From the look of things, it was something that nobody could have wished for. The driver of one car was unconscious. The other one was really crying out of pain. The body was seriously injured everywhere (Jacobs, 2016).

As an aide for the attorney, I did my inspection of the accident. From the accident, the cars seemed to have collided head on head. Also from the scene, it was clear that, one driver was over speeding and in the process he lost control where the car moved to the lane of the oncoming cars. That was beyond his control therefore the accident occurred. Inside the car that had lost control, we could find some liquor. This was enough evidence that the driver was drunk and therefore, he lost control. From the state laws, it is illegal to drive while drunk and this was not going to be taken lightly. The law of action was going to be taken on the driver who lost control. The recent accident that was as a result of drunkenness, the driver was punished severely (Dodds, 2016).

Will the case be tried in a civil or criminal court?

From the case, it is something that has been set right. There are road rules that do govern the road users. If a road user will deviate and violate the rules, then the user will be prosecuted in the criminal court. It is a crime to drive while under influence of liquor. The law states that, if found drunk while driving, the necessary measures should be taken against the victim. From the accident, it was as a result of liquor so the case will be tried in the criminal court. This is because, the driver will have done against the road rules that are set to be followed strictly.

Three questions I feel should be answered by the personnel involved

Driving while drunk is a matter of death and live. There are only two options if one mistakes and drives while drunk. This case is a good example of what a drunk driver is capable of doing. A drunk driver is not capable of making right decisions whenever on the road. Therefore, there are certain questions that the drunk driver should answer first before I can begin to prepare a defense. One of the question will be; what did you think will be the outcome of driving while drunk? What would you suggest the state laws to do or act towards your behavior and careless driving? Will you be able to compensate the damage you have caused and the injuries you have made to the other saloon car driver? These question will make me get some insights on how to handle this case.

Difference in scope and responsibility of any federal, state or local laws and regulations that would impact the outcome of the case

In this case, there is little the victim can do to affect the outcome of the case. With such results, it will somehow hard ad impossible to alter any consequence. The difference that will be due to scope and responsibility of the federal, state or local laws will be to allow the drive to have a lawyer (Jacobs, 2016). Another situation is where the evidence of liquor gets destroyed or is tampered with. In an event where the evidence is tampered with, will be a bit difficult to prosecute the driver. If it is tampered with, then the outcome will be affected. In a situation where the evidence will be concrete, the results will happen as anticipated.

Demonstrating that the personnel involved were aware of these laws

Before one is given a valid driving license to drive on road, he or she has to undergo a training. From the training, he or she has to an exam that will determine the fate. I he or she passes the exam, he is awarded with a valid driving license. During the process of training, the road rules are well taught to the drivers (Dodds, 2016). So once they come out, they are always aware of the road rules and the consequences. Therefore, this proves that, the driver was aware of the rules and laws that should be observed while driving.

Reference

Dodds, J. A. (2016). North Carolina law expands pool of eligible healthcare professionals to oversee executions by lethal injection. Journal of medical ethics, medethics-2015.

Jacobs, L. M., Warshaw, A. L., & Burns, K. J. (2016). Empowering the public to improve survival in mass casualty events. Annals of surgery, 263(5), 860-861.