Increased Alcoholism among Baby Boomers

Baby boomers are all nearing the age of retirement if they haven’t already and studies have shown this generation may have an increased chance of alcoholism, especially among women.

Increased age, increase alcohol use

Photo by: Katina Rogers

The National Institute on Alcohol Abuse and Alcoholism stated in a 2008 study ”about 40 percent of adults ages 65 and older drink alcohol.” Multiple studies conducted since that study in both in the U.S. and the UK have shown a dramatic increase of drinking among older adults than in previous years. Additionally, the amount of alcohol consumed by older adults is also increasing; in many case adults over 65 are drinking more than double the recommended weekly limit.

Older women at higher risk

While there have always been a higher amount of men who drink heavily compared to women, the rate of binge drinking among older women is increasing more rapidly than that of older males. Some theorize women over 65 may be increasing their heavy drinking due to it being more socially acceptable, to handle pain that comes with age, or even to fill the time of a life that may be slowing down with other activities.

Health risks

Photo by: Jeffrey Fairchild

Older women who drink heavily are at an increased risk of severe health problems related to alcohol abuse. According to the NIH, Those who are heavy drinkers could increase health problems such as “diabetes, high blood pressure, congestive heart failure, liver problems, osteoporosis, memory problems, and mood disorders.” They also note that “women typically start to have alcohol-related problems at lower drinking levels than men”. Additionally, many medications that those 65 and older take regularly can have dangerous reactions when mixed with alcohol.

Legal ramifications

Beyond the wide range of health risks, both men and women over the age of 65 should be aware of the legal risks that can be associated with binge drinking.

• As reaction time and memory recall decreases with age, alcohol can magnify this effect. The combination of age and alcohol could increase the chance of individuals putting others in harm whether through trying to operate a vehicle or other heavy machinery or by increasing the chance of accidental home fires that could result in injury or death. The NIH stated “Aging can lower the body’s tolerance for alcohol. Older adults generally experience the effects of alcohol more quickly than when they were younger. This puts older adults at higher risks for falls, car crashes, and other unintentional injuries that may result from drinking.

• Alcohol has been shown to be a factor in many aggravated criminal cases such as homicides, assaults, and sexual crimes. Alcohol does not discriminate in regards to age. Those who have a tendency to show increased agitation when they are drunk at 40 may also face the same reaction when they are over 65. Age is never an excuse for violent behavior.

• In a little over a year, Utah will be decreasing the BAC limit for drivers. Most drivers, especially women who typically weigh less than men, will not be able to drive legally after even one drink. All drivers should consider planning ahead for a designated driver whenever alcohol is to be consumed.

Set limits

The NIH recommends those who are over 65, healthy, and not on medication (or planning on driving) should limit their amounts of alcohol to no more than “3 drinks on a given day” and “7 drinks in a week”. Although alcohol is legal for all adults over the age of 21, it may be wise to recognize problems of binge drinking and take precautions to curb excess drinking before health or legal consequences ensue. For any adult regardless of age that is facing criminal charges stemming from an alcohol related offense, it is best to consult immediately with a criminal defense attorney.

Utah Man Arrested For Enticement of a Minor after Contacting Authorities Himself

A Utah man was arrested for enticement of a minor after contacting authorities himself following an issue with the minor’s parent.

Opening an investigation on himself

Photo by: Andrew_Writer

54 year old Nichalos Deelstra put in a call to the FBI to report that someone on Craigslist was trying to get him to pay for repairs to their vehicle. It turns out the person asking Deelstra to cover repairs was the father of the minor boy Deelstra was soliciting over the internet. The father of the minor wanted Deelstra to fix the family car after the boy caused bodily damage to it while attempting to meet up with Deelstra. Deelstra was subsequently charged with enticement of a minor.

Enticement of a Minor

Utah Code 76-4-401 states: “A person commits enticement of a minor when the person knowingly uses the Internet or text messaging to:

(i) initiate contact with a minor or a person the actor believes to be a minor; and
(ii) ( . . . ) by any electronic or written means, solicits, seduces, lures, or entices, or attempts to solicit, seduce, lure, or entice the minor or a person the actor believes to be the minor to engage in any sexual activity which is a violation of state criminal law.”

The punishment for enticement of a minor is one degree below what the punishment would have been if the sexual act had been carried out.

No leniency with prior sexual offenses

Those convicted of enticement of a minor can expect no leniency to their sentencing if they have prior sexual offenses on their record. Utah Code 76-4-401 states: “When a person who commits a felony violation of this section has been previously convicted of an offense [such as child kidnapping, rape, object rape, forcible sodomy, aggravated sexual abuse] the court may not in any way shorten the prison sentence, and the court may not:

i. Grant probation;
ii. Suspend the execution or imposition of the sentence;
iii. Enter a judgement for a lower category of offense; or
iv. Order hospitalization.”

With the aid of an experienced defense attorney, those who are facing enticement of a minor and have no prior sexual offenses such as Deelstra may be eligible for a shortened sentence or other reduction in their charges.

Pretextual Stop Gives Police Probable Cause to Search a Vehicle

Anytime a Utah resident is pulled over for a minor traffic violation, that incident has the potential to become a pretextual stop, or an opportunity for police to find probable cause to search a vehicle.

Suspicious vehicle

Pretextual Stop

Photo by: Tony

There are times when law enforcement sees a vehicle that they would like to search but they have no probable cause to allow them access to it. The vehicle may be “suspicious” by fitting a certain profile that would allude to possible criminal behavior by the vehicle’s occupants or officers may want to search a car to help an unrelated investigation. Instead of waiting for a crime to be committed by the driver or getting a warrant to search the car, the vehicle may be followed until it makes a minor traffic violation instead.

Broken taillight = probable cause for a search

Speeding, switching lanes without signaling, no seatbelt, and even a broken taillight are all reasons that police can use to pull a car over and issue a citation. These simple traffic stops can also give law enforcement the opportunity to find probable cause to search a vehicle. A planned traffic stop with a hidden agenda is referred to as a pretextual stop, or an opportunity for law enforcement to search a vehicle for a reason that is actually unrelated to the traffic violation.

Whren v. United States

Photo by: Blogtrepreneur

In 1995, Whren- a driver of Mexican descent- was traveling along a stretch of road known as being a major drug trafficking corridor. Officers spotted Whren and proceeded to follow him for over 20 miles. Eventually a couple minor traffic violations such as failure to use a turn signal at a stop sign and speeding were made. This gave officers the opportunity to pull the vehicle over where they noticed narcotics in Whren’s hand. In court Whren attempted to have the evidence surpressed due to the pretextual stop violating his Fourth Amendment rights, however that motion was denied and he was ultimately convicted.

Pretextual stop not unconstitutional

The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures that are conducted without probable cause. Unfortunately, the United States Court of Appeals stated in Whren’s case that a pretextual stop did not violate Whren’s Fourth Amendment Rights. They explained: “the temporary detention of a motorist upon probable cause to believe that he has violated the traffic laws does not violate the Fourth Amendment’s prohibition against unreasonable seizures, even if a reasonable officer would not have stopped the motorist absent some additional law enforcement objective.” They went on the further clarify that “Detention of a motorist is reasonable where probable cause exists to believe that a traffic violation has occurred.”

Limits to a pretextual stop

Photo by Drew Stevens

Although the U.S. Court of Appeals determined a pretextual stop to be constitutional, there are limits to what officers are allowed to do once a vehicle is stopped. A pretextual stop allows an officer to pull over a vehicle for a traffic violation but not necessarily to search the vehicle. In order to conduct a search, officers would have to have a warrant or probable cause to do a search. Probable cause might include:

• Seeing contraband in plain view;
• Smelling of illegal drugs by an officer or K9; or
• Observing activity that gives officers reasonable suspicion of a crime such as reckless driving that could indicate alcohol consumption or drug abuse.

If an officer cannot find probable cause to search a vehicle during their pretextual stop, they may ask the driver for permission to search. In an effort to cooperate with law enforcement, many individuals wouldn’t dare saying “no” when asked if officers can look in their vehicle. This is often a major loophole that police use to search a car without probable cause. While being respectful, it is perfectly acceptable to refuse officers to do a vehicle search. If they search a vehicle without probable cause, a warrant, or permission and find evidence of a crime, drivers are encouraged to wait politely but silently and have legal counsel discuss the unreasonable search during court. The evidence collected would likely be dismissed along with related charges. With all cases regarding a pretextual stop or illegal searches and seizures, it is recommended to obtain the aid of a criminal defense attorney. An experienced attorney will help ensure that no constitutional rights have been violated and that all searches were made lawfully.