Florida criminal law and prosecutorial misconduct
Here is a rather stark case of alleged prosecutorial misconduct by a federal prosecutor in Florida.
Jail Time Consulting » TABLES TURNED ON FEDERAL PROSECUTORS!: "Lead prosecutor, Seth Cronin, admitted making the mistakes and stated he did not intend to withhold evidence. Lead Prosecutor Cronin said, ‘I simply wasn’t thinking.’ Right Seth! Judge Gold apparently did not buy Cronin’s apology as he said that the government’s actions were more than just mistakes and should have consequences. I agree. Illegal acts by government prosecutors and their agents must stop and should be dealt with sternly. Their purported purpose of upholding the law and the furthering of justice can hardly be accomplished if they break the very laws they are directed to uphold. Especially, as in this case, if they use fabricated evidence and a fictitious complaint as an excuse to spy on the defense team."
(Via Jail Time Consulting Blog.)
If a criminal defense lawyer were to be accused of the exact same thing as this prosecutor, do you think he or she would be viewed as worse? My guess is probably.
Do closed circuit court appearances prejudice defendants?
Have you ever watched "video court" in the judge's courtroom where he or she is staring at a computer screen or television and making decisions about defendants' lives? I have, and my perception is that the judges take less time with each defendant, and are less likely to view them as human and act with compassion. Here's one judge's take on the subject:
The Columbus Dispatch : Video blunts impact, judges say: "The woman's blank stare worried Union County Common Pleas Judge Don Fraser.
He was about to send her to prison for a fairly long time on a probation violation, yet she showed no emotion. He wondered whether her distance made the difference. She was participating in the proceedings via video link between the county jail and Fraser's courtroom, about 16 miles away.
'I found myself wondering if, maybe, that young woman shouldn't be here looking me in the eye,' the judge recalled. 'At that moment, it struck me as so impersonal that I made up my mind I wasn't going to do it anymore.'
And as quick as that, the man who took over the bench in February after longtime Judge Richard Parrott retired ended the practice of video hearings that Parrott had long embraced.
Fraser said he will continue to use the video hookups that allow prisoners to stay at the Multi-County Jail for their initial appearance because arraignments are routine, with little room for conversation.
For everything else, he has decided he wants to see the defendant in person.
As technology advances, budgets for transporting prisoners shrink and courtroom security draws greater scrutiny, the potential of remote hearings is debated more often.
The Franklin County Common Pleas Court has considered the practice for years but still doesn't use it. Some of the judges are wild about the idea while others hate it, said Judge John P. Bessey, who led a committee that studied the possibility of such a system.
Bessey said that, like Fraser, he would never use a video system for matters other than an arraignment, but it makes perfect sense in those initial appearances.
At arraignments, the judge takes care of routine matters, such as setting bail and inquiring about a lawyer. Bessey said he timed an arraignment once and it took 90 seconds.
There is little reason, then, that the sheriff and the court should have to pay for and deal with the security issues that surround the shackling of 20 or 25 inmates at a time each day and herding them to a courtroom, he said.
He hopes Franklin County will embrace a video system once the new courthouse opens, if not sooner."
If budget is the main concern (not security), and efficiency rules the day, then we have truly lost our way as a nation of justice. If you are accused of a crime you are entitled to YOUR DAY IN COURT. That should mean something, right? After all, it is not "you are entitled to a quick Skype chat with some dude in a black robe who has the power to remotely sentence you to jail.
Strange Ohio DUI Case: Ohio OVI on Barstool
This one takes the cake for creativity. Near Columbus, Ohio, a man decided to turn a barstool into a motorized vehicle and, of course, drive it after drinking (when else would one attempt to drive a barstool?). Here's part of the story:
The Columbus Dispatch : DUI charge is filed, but man never left bar stool: "Gerrit Konink was sitting in his living room around dinnertime earlier this month when he heard somebody down the street fire up what he thought was a lawnmower.
He figured one of his neighbors was getting a jump on his yard work.
Instead, it was someone jumping on a motorized bar stool.
From his window, the 66-year-old Konink then saw something buzz down Kelley Lane in Newark.
'I knew it was something strange, and then it was gone,' he said. 'It was too fast.'
Newark police say that Konink saw a neighbor riding a motorized bar stool shortly before the man wrecked while trying to make a U-turn.
Police say that Kile Wygle, 28, had one too many before wheeling his homemade oddity around the neighborhood on March 4.
Wygle was charged with driving the bar stool while under the influence of alcohol and driving while under suspension. He has pleaded not guilty to the charges and asked for a jury trial. No court date has been set.
According to a report by Officer Michael Trotter, Wygle told him that his bar stool can reach a speed of 38 mph but that he was traveling only about 20 mph when he wrecked.
At Licking Memorial Hospital, where Wygle was treated for minor injuries, he chuckled about his bar stool. Wygle told Trotter that he'd had about 15 beers before the wreck. The man refused to take a blood-alcohol test.
When Trotter informed Wygle that he was investigating a traffic crash, Wygle reportedly replied that he wasn't driving a vehicle -- he was driving a bar stool."
This guy's lucky he ended up on this website rather than the Darwin awards. He should put that creativity into something useful to society, like curing a disease or the country's economic problems.
Pregnant woman arrested for Indiana DUI
It is hard not to be sympathetic towards pregnant women, but this one really stretches the imagination of even the most forgiving amongst us. If the allegations turn out to be true, and she was above the legal driving limit while near full-term, she is not only breaking Indiana DUI law, she is also flirting with child-abuse.
Some states charge child abuse for having a child in the car when DUI. This, one could argue, is even worse because not only did she put the child's life in danger by the drinking and driving, she also developmentally jeopardized the baby by drinking in the first place.
Pregnant woman charged with drunk driving | IndyStar.com | The Indianapolis Star: "An eight-months pregnant Fort Wayne woman was arrested early Saturday morning for drinking and driving, her second such arrest in 2009, state police said in a news release today.
Originally stopped for driving without head- or taillights around 4 a.m. Saturday morning, Molly E. Gram, 21, had a ‘strong odor of alcohol, bloodshot eyes and slurred speech,’ said Sgt. Ron Galaviz of the Indiana State Police’s Fort Wayne District.
‘After Trooper (Caleb) Anderson asked her to exit her vehicle, he promptly realized she was pretty far along (in her pregnancy),’ Galaviz said. ‘Gram also confirmed she was eight months pregnant.’
Gram failed several field sobriety tests and a portable breath test, but Galaviz said he only knew she tested above 0.08, the legal limit in Indiana. She later refused a chemical alcohol test for intoxication. Galaviz didn’t know where or why Gram had allegedly been drinking that evening."
I'm a DUI defense lawyer, but this would be a hard one to defend.
Ryan Moats Video - this is disgusting
Here's the video clip of the Ryan Moats traffic stop from CNN.
Truly disgusting police behavior.
Georgia DUI News: House struck by high BAC driver in Rome
There are people who are barely able to stand and function at the legal limit of 0.080. Then there are people who are highly functional at twice that. Here is some news from a Georgia DUI case about a man who was four times the legal limit at the time he hit a car and a house.
Rome News - Tribune: "A Rome man is in jail today, charged with ramming into a parked car and a house on his way home Sunday night.
According to Floyd County Jail records:
Pedro Coj Ruiz, 37, of 812 Darlington Way, was arrested late Sunday and charged with DUI, driving without a license and striking an unattended vehicle.
Police said Ruiz was driving a 2009 red Ford Aerostar on East Ninth Street about 8 p.m. when he sideswiped a 1993 Jeep Cherokee and continued onto Maple Avenue.
A witness provided a license number and officers contacted 911 for the address.
Upon arriving at Ruiz’s Darlington Way home, police found him leaning up against his van, talking to a neighbor whose house he had just hit as he pulled into the drive.
Ruiz reportedly smelled of alcohol and was ‘unstable,’ so an officer helped him sit in his van while he was questioned. A field sobriety test was not conducted because he was unable to stand on his own.
A breath alcohol test given to him at the station registered results of .342 and .324. The legal limit is .08 for drivers in Georgia."
Most jurisdictions now punish very high BAC drivers more severely than they do low level drivers. I question whether this is right or not. Since you or I may be just as impaired at a .120 as Mr. Ruiz from the article was a .324, would you or I be any less of a danger to ourselves and others? I think not.
Now, if I'm at the same level of impairment at a .120 as Mr. Ruiz is at a .324, who do you think needs help more? I vote for Mr. Ruiz because you have to have a serious alcohol tolerance and probably a serious alcohol problem to be able to get that high. Should we punish him more because of his problem. I argue that we shouldn't, as long as he agrees to get help. Getting Mr. Ruiz help is the only thing that will ultimately make society and Mr. Ruiz safe.
Could Ryan Moats have been shot?
The quoted blog post below poses a simple question. I think everybody knows that an officer as monumentally "challenged" as Powell might well have shot Moats. He exhibited the sense of a half-wit in a lynch mob. But the questions go deeper:
Had Ryan Moats Lost His Cool: "To call Police Officer Robert Powell the poster-boy for the abuse of petty power by a fool with a gun is easy. Even his chief is disgusted by his monumental indiscretion. So do we applaud Moats for having kept his cool, having stopped and obeyed rather than ignored Powell and tried to go inside to his mother-in-law's bedside? Was his choice, missing the one opportunity to say good-bye to a dying woman, the right one given the possibility that Powell would have been so very upset at not being shown the obsequience due him that he would have physically subdued, perhaps even shot, Ryan Moats?"
(Via Simple Justice.)
I think most people who have followed this story wonder:
If Powell will be fired? And if not, why the hell not? Somebody who is capable of doing what he did is not fit to carry a badge and gun, and I'm sure most police officers would agree. He is the type of cop that gives other officers a bad name. Most officers are good and decent people. And then there are the guys like this.
If he will not be fired, what will be done to "rehabilitate" or educate the young man to make sure that he has the tools to keep his ego in check and exercise appropriate discretion on the job.
If he is allowed to stay on the job, when he really hurts somebody, will the police department that knowingly employs him after the Moats incident be any more liable?
Kansas Criminal Case Law Update
The Supreme Court of Kansas issued a new unpubished opinion that deals with the question of whether asking a defendant about remaining silent during cross examination is a "Doyle" violation or an evidentiary question, and whether the questions rise to the level of prosecutorial misconduct.
95088 -- State v. King -- Davis -- Kansas Supreme Court: "The alleged Doyle violation in this case occurred during the prosecutor's cross-examination of King--an exchange that falls squarely within the period when the prosecution and defense offer evidence at trial. See K.S.A. 22-3414 (order of trial). Contrary to King's characterization of his claim on appeal, he has presented an evidentiary question that may only be reviewed upon compliance with the contemporaneous-objection rule. K.S.A. 60-404.
There was no objection to the prosecutor's allegedly improper questions at trial. We conclude that the Court of Appeals therefore correctly determined the issue was not preserved for appellate review."
The Court rejected both of defendant's arguments, sustaining the conviction and sentence for sodomy.
Study shows hints as to why alcohol is addicting
The country as a whole treats people with drinking problems as second class citizens. Addiction to alcohol is typically hidden until it no longer can be. When it comes to DUI arrests, it is easier to criminalize both the act and the individual rather than looking at the physiology behind the cause of the "crime." Here's a new study that looks at more than the dangers of drinking and driving, and delves into the potential reason why people so easily develop alcohol addictions.
Light Alcohol Consumption Linked to β-Endorphin Release - Findings in rodents' midbrain area suggest role in ethanol reward and reinforcement - Modern Medicine: "Low to medium doses of ethanol -- 1.2, 1.6 and 2.0 grams -- led to a significant increase in dialysate content of β-endorphin compared to the saline group, but the 2.4-gram dose did not, the authors write.
'The current investigation demonstrated that at the level of midbrain/VTA systemic administration of ethanol mainly altered the release of β-endorphin in a dose-dependent manner with low to medium, but not high, doses of ethanol increasing β-endorphin release. This ethanol induced increase of β-endorphin release in the midbrain/VTA region may play a significant role in the ethanol-induced stimulation of the mesolimbic dopaminergic system and the initiation of the processes of ethanol reward and reinforcement,' the authors conclude."
The act of drinking may be explainable in terms of chemistry as much as it is in terms of consciousness or will-power. I have long advocated a more treatment oriented approach (as opposed to a punish at all costs approach) to dealing with impaired driving. Emotions never win this argument, as everybody has a visceral reaction that demands a pound of flesh from those who hurt people by driving drunk, and also from those who might have but for the grace of god.
It is always encouraging to see science looking at the issue from an objective perspective.
More than two percent of Virginia in Jail or on probation
This is amazing. One in every 46 adults in Virginia is on probation or in jail. This is a staggering number.
Webb calls for criminal justice review | Richmond Times-Dispatch: "Sen. Jim Webb, D-Va., wants Congress to find ways to cut the prison population -- a sharply divisive issue that has shaped his home state's politics for more than a decade.
Backed by the White House and key Senate Republicans, Webb yesterday called for a national commission to conduct a 1½-year review of the criminal-justice system.
Webb, who has been speaking out on prison issues for the past year, said the bipartisan panel should examine crime control, sentencing, and ways to ease the return of felons to society after completing their penalties.
Webb said incarceration, in particular, is raising concerns at all levels of government because of the exploding cost of jail construction and housing inmates who may be unprepared for life outside prison.
'It's a very emotional issue,' he said in a speech. 'We have a mess here . . . and we have to have a holistic approach to solve it.'
The U.S. has the world's highest incarceration rate, with nearly 2.4 million people behind bars. An additional 5 million are on probation or parole.
One in every 46 adult Virginians is in prison or jail or on probation or parole -- more than double the 1 in 108 in 1982."
With 2.4 million adults in jail and 5 million more on probation in the United States, I think Mr. Webb is on to something.
Wisconsin DUI ignition interlock device video
Here is a video about Wisconsin DUI cases and ignition interlock devices.
Ignition interlock devices are the cause of the day for states that don't already have them. We are monitoring as more states debate requiring them for first offense DUI convictions.
What do you think... should interlock devices be required for all DUI cases?
Dallas police officer who detained Moates
Officer who detained Moats shouldn't see the streets again - Shutdown Corne... - NFL - Yahoo! Sports: "Should the guy be fired? As always, opinions vary. Some say yes, some say no. Maybe it's punishment enough that the guy's going to have to live with the fact that he denied a man the ability to hold a loved one's hand as she passed away. But for that to qualify as punishment, the officer would have to have some sense of human compassion, and maybe I missed it, but I see absolutely no sign of that in the video."
West Palm Beach Florida DUI
Here's another police officer arrested for DUI. This one was in West Palm Beach, Florida.
Fox29 WFLX TV, West Palm Beach, Florida-Video Shows Deputy Arrested for DUI: "West Palm Beach, FL (WFLX)
He's sworn to uphold the law, now he's accused of breaking it.
An off-duty sheriff's deputy crashes his squad car into a palm tree, and is arrested for DUI.
Dash cam video from the night of February 6th shows Palm Beach County Sheriff's deputy Christopher Grube trying to pass several roadside sobriety tests after crashing his marked patrol car on 45th street in West Palm Beach.
The arresting officer said Deputy Grube had bloodshot eyes, slurred speech, and a strong odor of alcohol on his breath. Grube said he was on his way to Palm Beach International Airport to pick up relatives who were flying into town."
(emphasis added to quote above)... anybody ever see a DUI police report that didn't contain at least one of the following:
1. bloodshot eyes
2. slurred speech
3. odor of alcohol
I didn't think so.
DUI Law Blog Posts Being Stolen
California DUI statistics show Placer County has top conviction rate
Placer County California has an astonishingly high conviction rate. While California DUI cases as a whole have just under an 80 percent conviction rate, according to the article quoted below, Placer County is at nearly 100%.
Placer County: More than 99 percent of DUI arrests end up in convictions | SierraSun.com: "PLACER COUNTY — If you’ve been drinking, you don’t want to get behind the wheel in Placer County.
A recent report from the California Department of Motor Vehicles indicates that the Placer County District Attorney’s Office has the highest conviction rate of drunken or impaired drivers in the state.
Placer’s DUI conviction rate is 99.2 percent. The state average is 79.4 percent.
Only two other counties in California had conviction rates of 90 percent or higher. These included Shasta at 96.9 percent and Santa Barbara at 92 percent.
The statistics are based on DUI arrests made in 2006 and their subsequent prosecutions through the end of the 2007 year.
Placer County’s rating marked the fourth consecutive year in which the county had a DUI conviction record of 90 percent or higher.
Capt. Rick Ward, commander of the California Highway Patrol’s Auburn office, said the No. 1 rating by Placer County came as no surprise to him.
‘I’ve worked up and down the state and I can say that the Placer County District Attorney’s Office is one of the hardest-working agencies toward achieving justice that I’ve seen,’ Ward said. ‘This county lets people know that if you come here and are violating DUI laws, you will be held accountable.’
Steve Dragland, supervising deputy district attorney for Placer County, credited the nearly perfect score to an aggressive approach by his prosecutors and by the local law enforcement agencies that made the DUI arrests.
The Department of Motor Vehicles report shows that Placer County convicted 2,257 motorists on misdemeanor DUI charges and 76 others on felony DUI charges. Another 182 drivers who were arrested on suspicion of drunken driving were eventually convicted of reckless driving."
Now, the questions is why? It would be interesting to know how many of these Placer County California DUI cases actually went to trial, and how many pled out. Could it be that in the smaller counties there are fewer DUI attorneys who are willing to take cases to trial? Is there such a grave threat of extreme penalties if a case goes to trial? Or are prosecutors actually offering better deals than in other California DUI cases?
Notice that in the article it says that two other counties in California, Shasta and Santa Barbara have a DUI conviction rate above 90 percent.
Pennsylvania DUI Ignition Interlock proposal gains steam
Here's another take on the new proposed Pennsylvania ignition interlock device proposal, which would change PA DUI law to mandate the installation of a breath test device on even first offenders' vehicles.
Pa. Lawmakers Weigh DUI Crackdown - Pittsburgh News Story - WTAE Pittsburgh:HARRISBURG -- Pennsylvania lawmakers are considering an increased use of ignition interlocks to help curb the state's drunk drivers.
Ignition interlocks prevent a car from starting if the driver's blood-alcohol level is above the legal limit and are currently used for Pennsylvania DUI offenders with multiple convictions.
The new measure would include first time offenders as well.
On Wednesday, the Pennsylvania House Transportation Committee heard testimony on the pros and cons of using the device on first time offenders.
Opponents argued judges should be granted the discretion to make the decision on a case-to-case basis.
Supporters said most first time offenders are not first time drinkers, and the law should apply to them too.
State police average 15,000 drunk driving arrests per year."
Here is a summary of the current Pennsylvania ignition interlock device law. Changing it would bring it in line with Arizona DUI law and New Mexico DUI Law.
King County Assessor says sorry for Seattle DUI crash
The latest public figure to be arrested for a serious Seattle DUI charge has talked with the media after several months of silence, saying that he is an alcoholic, but that he is functional and can continue to do his job.
There are many functional alcoholics in high-powered positions. The fact is that many he was doing his job well, and for all outward appearances continues to do so. If he's missed stretches of days after the accident, well, that's to be expected. Here's the Seattle Weekly's take on it:
The Daily Weekly - Scott Noble Says He's Sorry, Alcoholic...But What's His Strategy? - Seattle Weekly: "King County Assessor Scott Noble's facing a seemingly unwinnable criminal case (possibly followed by a prison term and a seemingly unwinnable civil case) over his drunk, wrong-way crash on I-5 in January. But he hadn't talked to the media until yesterday, when he gave an interview to King-5 News:
'I want to apologize, but I also want to bring up the fact that I'm an alcoholic, I'm a recovering alcoholic and have been for 20 years.'
Despite that admission, Noble insists that he is fit to continue as King County assessor, an elected office he has held since 1992.
'My disease of alcoholism has not impaired the functioning of this office, nor has it impaired my performance as assessor,' Noble said.
Except he's missed stretches of days, pretty much everyone's asked him to step down, and he'll be out for sure if he gets a felony conviction. Nevertheless, the office has seemingly functioned well, winning several awards.
When faced with similar scenarios, many public figures choose to do damage control by taking a break from their jobs and going into inpatient rehab. So why the Blago impression, and what would it mean for his case? We asked DUI defense attorney Dan Fiorito for his thoughts.
Rehab is pretty much a given, Fiorito says, but 'voluntarily entering treatment could have some play with the judge, could give him some sway with the prosecutor,' though he adds it seemed unlikely to be significant."
As I always say, better to give productive members of society who get a DUI and admit that they have a problem with alcohol or drugs a chance to get help and turn their lives around. It doesn't make sense to deprive the public of a good and willing servant if he is able to do his job.
Under Washington DUI law, he faces potentially stiff penalties. DUI cases should not be about exacting revenge or extracting punishment and pain from the accused. If society's goal is truly to keep people safe from drunk drivers, then a therapy oriented approach is best.
Good field tests and bad Illinois DUI Officer
Here's an example of somebody doing very well on the DUI field sobriety tests. Most police DUI investigations would have stopped after the performance on these tests, but not this one. First watch the video, and then read the blurb below it:
Does video catch cop in lie? :: CHICAGO SUN-TIMES :: Metro & Tri-State: "The video from top DUI cop Joe D. Parker's squad car shows a man walking a straight line, without stumbling or flailing his arms.
When prosecutors viewed this video of Officer Joe D. Parker's July 2008 sobriety test of motorist Raymond L. Bell, they dropped DUI charges.
But Parker, a Chicago Police officer who has won acclaim for being among the leading DUI enforcers in the state, told a different story in his police report.
He wrote that Raymond L. Bell lost his balance and used his arms to steady himself. And he arrested the 33-year-old Oak Lawn man on charges of driving under the influence, speeding and negligent driving.
Now, after reviewing the squad-car video, Cook County prosecutors have dropped the July 2008 charges against Bell.
And they're considering filing criminal charges against the 59-year-old Parker, who is one of three Chicago cops whose prolific DUI-busting has now come under scrutiny. Dozens of DUI arrests by Parker alone are under review, sources say.
'There is an ongoing investigation, but we are not going to comment in further detail,' said Sally Daly, spokeswoman for Cook County State's Attorney Anita Alvarez.
Prosecutors have charged one of those cops -- Officer John Haleas -- with trumping up a DUI case. A review of his DUI arrests led to 156 cases being dismissed, Daly said."
That pretty much says it all about what to expect from some police officers in Illinois DUI cases.
Tragic Alaska DUI case set for trial
This is the tragic case of a young woman who has ruined many lives because of her use of alcohol. While not even old enough to legally drink, she had already amassed a history of underage alcohol violations before she got behind the wheel of a vehicle and killed a child.
newsminer.com • Trial set for Fairbanks driver accused of running over boy while driving drunk: "Jessica Paul, 21, faces charges of manslaughter, first-degree assault, driving under the influence of alcohol, minor operating a vehicle after consuming and habitual minor consuming alcohol.
If convicted on all charges, she could spend decades in jail.
Paul attended a brief trial date setting conference Tuesday afternoon with her attorney, public defender Jennifer Hite, though Paul did not speak during the brief hearing.
Superior Court Judge Paul Lyle set the trial to begin May 19. Paul previously was set to go to trial in January and April, but those dates were postponed as attorneys file motions and gather evidence. The trial is expected to last nearly two weeks.
Authorities say Paul struck and killed 4-year-old Phillip Lara in August as Lara rode a Big Wheel tricycle just two doors down from his Slater Drive home."
Not many people can muster sympathy for somebody who kills a child, especially when the death is as senseless as in this case.
Everybody can picture an innocent 4 year old boy riding a big-wheel in the neighborhood.
The fact is though that a vast majority of young adults in their late teens and early twenties who get DUIs have a history of drinking, and a good percentage of them have a history of prior minor alcohol violations.
The girl in this story, sitting in jail with a $100,000 bail and facing decades in prison could be any kid who gets behind the wheel after drinking. She is no more evil than thousands of other young people across the nation who have done the same thing, except for one major difference. Most were lucky enough not to have killed themselves or another person.
So here, Ms. Paul, when she faces an Alaska jury in May, will probably pay the price both for her actions and because she is an example of why underaged people are not legally allowed to drink alcohol, and why Alaska DUI law, and drunk driving laws across the nation, are so punitive and strict.
Are DUI cases treated differently by judges?
The article quoted below is a must read for anybody under the impression that DUI cases are treated the same as any other type of criminal case. Amongst DUI defense lawyers, there is a common understanding that there are certain "constitutional exceptions" that remove liberties from DUI defendants that are enjoyed, and even take for granted by others classes of accused criminals, including rapists and murderers.
Judges Taught to Help Prosecutors in DUI Cases: "While most Americans might believe judges are expected to consider all cases with equal impartiality, a prominent judicial standards organization suggests courts should treat differently any case involving driving under the influence of alcohol (DUI). Former Chief Justice of the United States Warren E. Burger founded the National Center for State Courts in 1971 to provide educational services for members of the judiciary. The group is now working in concert with the National Highway Traffic Safety Administration (NHTSA) to promote 'efficient disposal of traffic cases.'"
Although DUI requires no guilty mind (mens rea), people who are accused of committing the crime of impaired driving are viewed as needing to be controlled more than their guilty minded counterparts who engage in other criminal activity.
Fair or not, this is a reality of the justice system in the United States when it comes to DWI cases.
Minimum alcohol price to deter DUIs?
Some countries are looking at legislating a minimum alcohol price in the hopes that by making alcohol more expensive to buy it will cut down on underage drinking and DUI.
The opinion piece quoted below provides the details and the counterpoint.
Hiking the price of alcohol won’t deter the binge drinkers - Opinion - Belfasttelegraph.co.uk:
"It is important, however, to ask the basic question. Would this help to stop underage or excessive drinking? Not surprisingly, the answer to this question appears to be a resounding no. Arguably, underage or excessive drinkers will always be able to find a way or means of funding their habit. Even if prices are raised and age restrictions imposed (it has been proposed to encourage shops to sell alcohol only to those aged 21 and over), dedicated drinkers would most likely scrimp on other purchases in order to be able to continue drinking.
Canada already has minimum prices for alcoholic beverages based on the type of drink involved, but Scotland will become the first country in the world to introduce a standard system calculated purely by alcoholic strength when it is introduced later this year."
My thought is that this is an even worse idea than mandating ignition interlock devices in all vehicles. Any experienced DUI attorney knows that most DUIs are caused by dumb mistakes or by addiction.
The price of a DUI in most states is so high already, by the time you figure in fines and attorney's fees, increased insurance costs and decreased earning potential, that it is difficult to argue with a straight face that cost could be an effective deterrent to drunk driving.
College drinking behavior predicts adult alcohol problems
Interesting study about drinking in college as a predictor of adult drinking patterns.
Newswise Medical News | Study Helps Identify College Drinkers at Risk For Adult Alcohol Abuse: "College students who are problem drinkers using alcohol to cope with personal problems and boost self-confidence are more likely to continue excessive drinking into adulthood, a recent study suggests.
The Ohio State University survey results suggest that adults who are still high-risk drinkers by age 34 may have inadvertently used alcohol to blunt the social and cognitive development that typically occurs during college, including the ability to handle alcohol.
Binge drinking involves consuming five or more drinks for men and four or more drinks for women in a single sitting, as previously described by Harvard researchers. The Ohio State study categorized high-risk drinkers based on their scores on a National Institute for Alcohol Abuse and Alcoholism questionnaire. In all cases, this drinking puts people at risk for serious consequences ranging from fatal injuries and sexual abuse to academic or mental problems and alcohol dependence.
High-risk drinkers in the survey who stopped problem drinking after college typically reduced their alcohol use during school – a sign in itself that their social development was closer to what is considered normal and on track.
If the subset of students most likely to continue problem drinking in adulthood can be identified during college, they might benefit from counseling or programming that specifically aims to lower long-term high-risk drinking, the researchers say. And the junior year might be the best time to introduce the intervention.
‘We saw clear differences that, if they could be identified during college, could potentially lead to interventions that would make a difference in the long term,’ said Ada Demb, associate professor of educational policy and leadership at Ohio State and senior author of the study.
Demb completed this exploratory study with Corbin Campbell, a former master’s student in Ohio State’s higher education and student affairs program now pursuing a Ph.D. at the University of Maryland. The research is published in a recent issue of the Journal of College Student Development.
Demb and Campbell surveyed graduates of a large Midwestern university about their current drinking habits as well as their alcohol use during college. They received responses from 4,428 alumni who graduated between 1983 and 1993."
Jury duty in Scottsdale
When I got the dreaded summons for jury duty to Scottsdale Municipal Court six or eight weeks ago, I knew to almost a mathematical certainty that I would never end up on a jury in that court.
First, I am a practicing Arizona DUI Attorney. Second, I regularly handle DUI cases in Scottsdale. Third, I know all the prosecutors. Fourth, I know all the regular judges. Fifth, I know most of the forensic scientists from the Scottsdale Crime Lab. Sixth, I know most of the police officers who are regularly involved in DUI cases in Scottsdale. Seventh, I know and have interviewed most of the regular phlebotomists that are used by the Scottsdale PD for blood draws.
Since DUI cases are by far the most likely to be heard by a jury in that court, I figured there would be no chance that I would be accepted as a juror. I would be asked the standard "can you be fair and impartial?" No way to say "yes" to that one, no matter how curious I am as to what happens behind closed doors in the jury room.
So I got to court this morning for jury duty, and me and about 40 other people had been summoned for nothing. We sighed in. We filled out paperwork. We were told to leave.
The only eventful thing that happened was that an elderly lady almost stole my keys while I was getting shaken down by security for (heaven forbid) brining my laptop to court.
I was in street clothes. I have to say that the difference in the way I was treated by security in street clothes as compared to my normal Scottsdale security shuffle was stark. No wonder most "civilians" look angry by the time they make it through security.
Ohio DUI ignition interlock device proposal
Here we go again with MADD and ignition interlock devices. This time it is Ohio, which appears to be on the verge of requiring interlock devices for first time DUI convictions.
Tougher Drunk-Driving Law Proposed | NBC4i.com: "COLUMBUS, Ohio—Getting convicted for drunk driving could force you to deal with a new way of starting your car.
Ohio law currently requires ignition interlock breathalyzers to be installed in the cars of people who get two DUIs within six years.
But a lawmaker wants to toughen that rule and require it for first-time offenders, too.
Mothers Against Drunk Driving said it supports the proposal. The group said eight other states have interlock laws, and repeat offenses have dropped 64 percent.
But the American Beverage Institute argued the breathalyzer is fallible and should only be required for repeat offenders and offenders with blood alcohol levels above .15.
‘Waiting for the second time is not effective. We’re missing about 14,000 to 16,000 offenders each year in Ohio,‘ MADD’s Executive Director Doug Scoles said.
‘We do not think it’s appropriate to mandate the technology for somebody who gets caught at .08. We think in that case, a judge should be able to decide whether or not the person who was caught deserves an interlock or not,‘ said Sarah Longwell of The American Beverage Institute.
If the breathalyzer detects a blood-alcohol level higher than .02 it will go into a lockout. But installers said things such as cold syrup, mouthwash and even bananas can also trigger a lockout.
MADD eventually wants all cars to come equipped with breathalyzers even if you are not an offender."
MADD wants to mandate that even people who don't drink at all have to blow into a breath test machine to start their vehicles.
How do you feel about this? We welcome your comments.
Pennsylvania ignition interlock bill gains steam
Pennsylvania DUI update. Looks like the movement to mandate the installation of ignition interlock devices for first offense Pennsylvania DUI convictions is gaining steam again.
LancasterOnline.com:News:Pa. bill would toughen DUI laws:
"Lawmakers in Harrisburg are trying again to change DUI laws so first-time offenders would have ignition-interlock devices installed in their vehicles.
Ignition-interlock devices require a driver to blow into an alcohol sensor when starting the car. If the device senses the driver's blood-alcohol content is too high, the car won't start.
State law says interlocks can be imposed after a second DUI, not a first conviction, according to state Rep. Paul Clymer, a Bucks County Republican who's looking to amend the law.
Clymer submitted a bill March 19 that would allow ignition-interlock devices to be installed on a first DUI conviction. The bill has one Lancaster County co-sponsor, GOP state Rep. Tom Creighton of Rapho Township.
'I think when people have a drinking problem, they lose the ability to make rational decisions,' Creighton said Monday. 'As a safeguard, this makes them jump through some hoops before they can drive.'
Clymer said he was inspired by a letter from a Quakertown High School student who asked for such legislation.
'I agree that installation of these devices has proven to be a relatively simple way of ensuring that those individuals who are convicted of drunk driving are prevented from repeating a potentially deadly mistake,' Clymer said in a news release. 'Why are we waiting for these individuals to be convicted a second time to implement this precaution?'
A similar bill was introduced in January 2008, but because it was not passed by the end of the 2007-08 legislative session, the proposal had to be reintroduced."
Learn more about Pennsylvania DUI law.
Amador County California DUI arrest
Amador County, California - What appears to be a bogus to questionable DUI stop led to a physical struggle between an Amador County deputy and the suspect.
Ledger-Dispatch.com | DUI suspect loses battle with deputy: "An Amador County sheriff's deputy found himself in a minor scuffle Sunday afternoon with a belligerent drunk driving suspect.
The tussle led to a parking lot standoff and then a pair of handcuffs clicking on the furious man in the cold, snowy air.
The altercation began after the deputy, acting on a tip, began following the suspect's car to see if he was driving under the influence. As the suspect's red sedan passed through Pioneer, the deputy threw his lights on. Pulling into the parking lot near the Pioneer Resort Hotel, the suspect ignored the deputy's orders to stay in his car and climbed out for a confrontation. The deputy called for backup assistance, fearing the driver's passenger might also get involved. Officers from the sheriff's office, the California Highway Patrol and U.S. Forest Service arrived on scene.
Based on eye witness accounts, the suspect was threatening and aggressive until he was physically subdued by the initial deputy who pulled him over. The driver sustained cuts to his hand during the scuffle. An assortment of hard liquor was discovered in the man's vehicle as he was being led away to a patrol unit. The suspect faces a list of charges, including assault on a peace"
Missing from the article is any information that the police actually had reasonable grounds to make the stop. Learn more about California DUI law and Amador County drunk driving cases.
Just because somebody calls in a tip to police officers that somebody is driving drunk doesn't mean that the police have a legal right to stop that person without more particular knowledge.
Connecticut DUI Update: Physical control opinion
The Connecticut Supreme Court has issued a new actual physical control opinion, reinstating the conviction of a man who started the vehicle with a remote control and then sat in the vehicle but never drove.
The opinion can be read here.
Here is an excerpt from an article describing the case:
Conn. court restores non-driving DUI conviction - Projo 7 to 7 News Blog | Rhode Island news | The Providence Journal: "HARTFORD, Conn. (AP) -- Drunken people don't actually have to drive their cars to be charged with operating a motor vehicle under the influence of alcohol or drugs, the Connecticut Supreme Court ruled Monday.
The court's 5-to-0 ruling came in the case of Michael Cyr, who was arrested in Manchester in February 2005 in a parking lot near a bar. He had started his car remotely and then sat in the driver's seat intoxicated, but never put the key in the ignition and didn't drive anywhere.
Justices ordered the state Appellate Court, which had thrown out Cyr's conviction, to reinstate it and send the case back to Manchester Superior Court for sentencing.
Cyr, 50, of Andover, faces a year in prison followed by three years of probation. He pleaded no contest after a judge rejected his motions to dismiss the case. It's his third drunken driving conviction, following others in 1997 and 1998.
'In starting the engine of his vehicle remotely then getting behind the steering wheel, the defendant clearly undertook the first act in a sequence of steps necessary to set in motion the motive power of a vehicle,' Chief Justice Chase Rogers wrote in the opinion.
The 'motive power' phrase comes from a 1939 Connecticut court decision, cited by the Supreme Court on Monday, that defines what constitutes 'operating' a motor vehicle."
Clearly it is not a good idea to use your vehicle as a shelter to "sleep it off" if you need to use the vehicle's heater or air conditioning.
Wedding night in jail for DUI arrest
The couple in the story featured below was arrested for DUI in Houston, Texas on their wedding day, and ended up spending their wedding night in jail. Now they are mad, and threatening legal action over a photo that was taken of the bride in her wedding dress and then published.
The ironic thing is that the basis for the threatened litigation appears to be the humiliation that she felt when it was made public. By beating the threat drum, she is causing much more attention. For example, I never heard about this until this article.
9NEWS.com | Colorado's Online News Leader | Couple threatens to sue over wedding night DUI arrest: "HOUSTON - A couple arrested on their wedding day plan to take legal action against the law enforcement officers who arrested and jailed them.
Billy and Jade Puckett were arrested in a driving while intoxicated crackdown.
They ended up spending their wedding night in jail.
Billy Puckett pleaded no contest to a DWI charge and received a probated one-year sentence.
The couple filed a complaint with the Harris County Precinct 8 Constable's Office and plans to file another with the federal government over the way Jade Puckett was allegedly treated while in jail.
The couple said a photographer was allowed to take a picture of her in her wedding dress.
The photograph appeared on the Internet and on television.
'Yes, I spent my time in jail,' Jade Puckett said. 'What I do not deserve was to have my face being exploited and my career being exploited for the promotion of the law enforcement.'
'This is an aberration of my wife and I's wedding night. I have stood up and taken responsibility for my actions. Now I expect law enforcement to do the same thing,' Billy Puckett said.
'I was horrified. It's not any girl's dream to spend her night in jail,' Jade Puckett said."
Billy Puckett pled guilty to DUI, but the questions is, what does the couple really want to get from the police who (according to the guilty plea) rightfully arrested him?
This was obviously a novel thing for law enforcement officers at the jail. It appears that there was no allegation of sexual misconduct. Learn more about Texas DWI law.
A glowing endorsement about a friend
It always makes me happy when I get letters of appreciate from former clients. Now, as webmaster of duiattorney.com, I have the pleasure of posting endorsements when they come in for other lawyers as well.
Here's one we received about Washington DUI Attorney Aaron Wolff:
"I strongly recommend Aaron Wolff for any legal representation needed with regard to DUI … While representing our son, I personally observed his performance and found Aaron to be exceptionally knowledgeable in every aspect of the law. He provided expert counsel during an extremely sensitive and difficult time for our family. With so much at stake … college scholarship and future career plans, Aaron demonstrated the kind of motivation and proactive approach needed to reach the very best outcome for our son. This case required him to be knowledgeable in military regulations - Aaron actively sought out legal counsel from former military Staff Judge Advocates and reviewed military regulations to obtain necessary information for the case … he fought hard and refused to give up on the end goal. As a result of his legal representation, the final adjudication was a reduced charge and complete dismissal from civil record! Aaron Wolff is not only the best attorney for the job, but will forever be a family friend!"
Wow, what a great note. I've always known that Mr. Wolff is a great Seattle DUI lawyer, but that short paragraph says so much more about him and his ability and willingness to befriend his clients.
Justice Scalia called homophobe
Representative Barney Franks thinks that Supreme Court Justice Antonin Scalia is a homophobe.
Rep. Frank Calls Justice Scalia a 'Homophobe' - Presidential Politics | Political News - FOXNews.com: "Masscahusetts Rep. Barney Frank called Supreme Court Justice Antonin Scalia a 'homophobe' in an interview released Monday on a gay online news site, and said he hoped a challenge to a federal law widely disliked in the gay community will not be heard before the high court until new justices are seated on the bench. "
This tidbit probably won't affect the world of DUI litigation in the slightest, but for those of us used to reading Justice Scalia's opinions, just thought I'd share.
Georgia Police Officer Arrested for Drunk Driving
Here's another police officer arrested for DUI. This one happened in Georgia.
Richmond County Investigator Arrested For Drunk Driving | WJBF: "Augusta, GA—A Richmond County Sheriff’s Office deputy is suspended without pay, pending an internal review.
Investigator Tim Tobias faces drunk driving charges. He was arrested early Thursday morning outside a Washington Road restaurant.
Tobias was in his personal vehicle and was not on duty. Officials booked him into the Richmond County Jail and he bonded out."
Learn more about Georgia DUI Law.
Alcoholism drug Vivitrol: An alternative to DUI sentencing?
There is a little known drug called Vivitrol, which has been shown to have good success in battling alcoholism. The problem is, hardly anybody really knows about it.
One of the main problems is that most non-alcoholics refuse to think of alcoholism as a disease, while most alcoholics refuse to acknowledge that they have a disease or addiction. The net result is that useful drugs are not as profitable for drug companies to concentrate on. The demand may not be there, and interest is hard to stir.
Before the invasion of ignition interlock devices and SCRAM devices into the DUI court system, courts would sometimes mandate the use of Anabuse in exchange for certain privileges, like avoiding jail time. I haven't seen this done in years. Instead, courts have gotten more punitive, taking their cues from legislatures. Until we acknowledge that alcoholism mandates treatment, not punishment, DUI and all of the carnage it causes, will, unfortunately, continue.Makers of alcoholism drug Vivitrol struggle to make way into market - The Boston Globe: "'I would absolutely recommend it [Vivitrol] to anyone who is looking to get sober,' he said. 'I would obsess about drinking all the time, and I just don't think about it anymore.' But when Kyle mentions the drug to other alcoholics, he mostly gets puzzled looks. 'Nobody has any idea what it is,' he said. Despite a litany of similar testimonials about its effectiveness, Vivitrol has largely been a commercial flop. There are several reasons: Many alcohol treatment programs resist using drugs; some doctors contend Vivitrol doesn't work for most patients; and it's expensive - $800 a month. According to the National Institute on Alcohol Abuse and Alcoholism, there are about 8 million alcoholics in the United States, yet only a few thousand use Vivitrol, nearly three years after it went on the market. Alkermes recently predicted it will generate no more than $24 million in sales for this fiscal year, far below initial expectations."
Utah CDL DUI
For DUI lawyers who accept clients with CDLs, it is very important to understand all the details of how not only a DUI conviction, but also an administrative license suspension may affect the client's ability to work.Truck driver arrested for DUI | thespectrum.com | The Spectrum: "A California truck driver was arrested on charges of driving under the influence of alcohol and reckless driving Saturday after rolling a tractor-trailer on Interstate 15 near the Washington City exit at mile marker 10. Douglas David Olson, 47, of Long Beach, Calif., was booked into Purgatory Correctional Facility on $1,919 bail, shortly after he was released from Dixie Regional Medical Center, where he was treated for broken ribs and other minor injuries, said Sgt. Dan Ferguson of the Utah Highway Patrol. Clean-up of the wreckage continued on Sunday, forcing closure of the right-hand lane of southbound I-15 at Washington City and backing up traffic in the area."
Peoria, IL DUI Published Convictions
DUI Dispositions - Peoria, IL - pjstar.com: "The following people were sentenced in Tri-County courts for driving under the influence of alcohol. Some jail sentences may not be served if other conditions are met:"
Ohio DUI News: Aurora police officer arrested
Here is another example of a well-respected police officer getting arrested for drunk driving. This one happened in Ohio.
As I keep saying, being a police officer is very stressful. In fact, police officers and lawyers, as groups, have statistically high rates of alcohol and drug abuse.
Aurora police sergeant on leave after DUI arrest - Metro - cleveland.com: "'Sometimes you can't dictate behavior, but our officers get substance-abuse training every year,' Mayor Lynn McGill said. 'As a police officer, you're expected to be able to serve the public and serve them well.' Piggott is a recent graduate of the Police Executive Leadership College, run by the Law Enforcement Foundation. It's a 105-hour program for police executives. Piggott was on the city's tactical response team and trained other officers how to shoot. Aurora Patrolman Scott A. Garan, 42, was arrested Dec. 19 in Kent, where he lives, on drunken driving and criminal damaging charges. Kent Patrolman Martin Gilliland stopped Garan, who was driving his wife's car. Garan refused to take a breath-alcohol test and damaged property at the police station. A hearing to discuss whether some evidence should be supressed is set for April 15. Garan had been wearing an alcohol-detecting monitor until March 16, when a Portage County judge allowed him to remove it. It was Garan's second drunken-driving charge. He also has a prior conviction in Kent for disorderly conduct. He was demoted from sergeant to patrolman after the incident. He pleaded guilty July 23, 2007, and was fined $130."
My point in reporting police officers who are arrested for DUI is not to "out" or shame them, but to support my ongoing thesis that DWI is truly a crime that touches all types of people, in all occupations and of all responsibility levels.
The "cure" for drunk driving is not heavy prosecution. It is understanding and treatment.
Ohio Criminal Defense Lawyer and Prosecutors Agree
Ohio Criminal Cases Take A Step Forwards
Ohio prosecutors are pushing for open discovery throughout the state in Criminal cases. This push for uniformity is being touted by Ohio Criminal Defense lawyers as a major step forwards towards a fair and equal system.
e said. 'This is a huge step on their part, a substantial leap.'"Ohio's prosecutors serve justice by calling for open discovery across the state: Regina Brett - Regina Brett, Plain Dealer Columnist - cleveland.com: "Champaign County Prosecutor Nick Selvaggio, who is president of the prosecutors group, told me the plan would give defense attorneys the right to inspect all police reports and witness statements before a trial. Right now in Ohio, justice depends on geography. Prosecutors in the state's 88 counties decide whether to grant open discovery. Some offer it; too many don't. The proposal, which was shaped by about 25 prosecutors, also allows prosecutors to protect witnesses who fear harm. In cases where prosecutors can 'reasonably articulate' their concern for danger, they can withhold witness statements. The prosecutors also want to inspect all defense witness statements and expert witness findings or reports before those individuals testify. The defense could still cite privilege as a reason not to disclose some information. Ian Friedman, president of the criminal defense lawyers group, was ecstatic at the proposal on the table. 'We are going to accomplish a more fair system of justice in Ohio,' h
Now, if only the makers of the Intoxilyzer and the prosecutors in states that use Intoxilyzer products would agree to make discovery about the breath test device plain and open.
Warning: TV tainting the criminal justice system
I have noticed during recent jury trials in DUI cases that jurors often come in with expectations of what they are going to see.
When the case is first announced as a drunk driving case, a lot of the potential jurors look bored. Then, when I introduce myself and my witnesses, including a forensic scientist, I can usually tell the CSI fans immediately. They sit a little closer to the edge of their chairs. Their posture improves. They are now listening.
During the presentation of the case, they tune most everything out. Then, when the forensic scientist takes that stand, they are all there, and they are all ears. They hear about partition ratio, alcohol metabolism, proper lab procedure, and many other mind-numbingly boring things. And they listen or so it appears.
Then they go to the jury room to deliberate and something happens. They judge the evidence, not on its own merits, but by a standard crafted by a team of television writers.
Then they make a decision about my client's life based on an impossible TV standard.
It has now become so prevalent that I have started explaining to jurors that this is not CSI. This is the real world. It often makes no difference. The jurors now consider themselves armchair forensic scientists.
This trend is not limited to scientific testimony in DUI trials. Attorney Scott Greenfield recently wrote about the same phenomena in clients and clients' relatives.
I Watch TV, So I Know: "I told her, 'No, I would not have known. Television has given you unrealistic expectations, and you want your lawyer to meet those television expectations. I could have told you what you wanted to hear, but it would have been a lie. I would not lie to you, even to make you happy. Your lawyer wouldn't lie to you either. This makes him an honest lawyer, not a bad lawyer.'"
(Via Simple Justice.)
Just because it is on a television crime or justice drama does not make it truth. It does not make it relevant to the real world.
I'm starting to think that shows about law and medicine should come with disclaimers before and after the show that the information presented is for entertainment purposes only. It is damaging to the application of justice to judge cases in the real world based on a fantasy television standard.
Double Jeopardy Case in US Supreme Court
This will be an interesting test for SCOTUS. With the current climate so politically charged against greedy corporate executives, will the court send a message that will make it harder for future white collar prosecutions, or harder on white collar criminal defendants?The Associated Press: Double jeopardy in before US Supreme Court: "HOUSTON (AP) — A former Enron Corp. executive is hoping a little known component of the Fifth Amendment's double jeopardy clause will help him avoid a retrial on charges related to financial fraud at the once mighty energy giant. Attorneys for F. Scott Yeager are set to present oral arguments before the U.S. Supreme Court on Monday on the issue of whether double jeopardy prevents prosecutors from retrying individuals after a jury votes not guilty on some charges, but fails to reach a verdict on others that share an element with the acquitted charges. Prosecutors contend retrying Yeager on counts the jury couldn't decide doesn't raise double jeopardy issues. Yeager was one of five former executives from Enron's failed broadband venture who were tried in 2005. They were accused of lying to shareholders and the market about the broadband division's value and hoping to get rich by selling the inflated shares."
Michigan DUI Reasonable Suspicion Case
Learn more about Michigan DUI Law, and about reasonable suspicion in DUI cases.City appealing ruling on DUI tipsters - UPI.com: "TROY, Mich., March 21 (UPI) -- The city of Troy, Mich., says a district judge should not have dismissed a drunken driving case because the suspect was stopped based on a motorist's tip. Troy City Attorney Lori Grigg Bluhm said an appeal of Troy District Judge William E. Bolle's Feb. 24 ruling was filed because the officer involved in the traffic stop had reasonable cause to stop the suspect, The Detroit News reported Saturday. 'We believe the officer's stop was supported by reasonable suspicion, regardless of whether she personally observed erratic driving,' Bluhm said. The case began Nov. 11 when a 38-year-old man, whose identity was not reported, was stopped on suspicion of drunken driving after another motorist contacted authorities. While the suspect was found to above the legal blood-alcohol limit for motorists in Michigan, Bolle dismissed the charges because the police officer never personally witnessed any drunken behavior by the suspect. Mothers Against Drunk Driving representative Richard Rondeau has also questioned the judge's ruling, the News said. 'What are we supposed to do, wait for people to be killed before you arrest a drunk driver?' Rondeau said."
Colorado DUI Record
661 St. Patrick's Day DUI Arrests Break Record / Colorado Springs, Pueblo, Southern Colorado, Breaking News, News, Weather, School Closings, Traffic from KKTV 11 News: "Driving Under the Influence (DUI) arrests for the St. Patrick's Day crackdown broke a record this year with 661 state-wide. Colorado law enforcement agencies say the arrests were made during the recent five-day crackdown that began at 6 p.m. Friday, March 13 and ended at 3 a.m. on Wednesday March 18. Colorado State Patrol says seven people were killed in traffic crashes during the five-day crackdown, and four of those deaths were alcohol-related. The arrests broke a record, with a previous high of 626 in 2004. Last year, 520 people were arrested for DUI over the holiday period. ‘It’s clear that we have a consistent problem that is not going away, despite our constant warnings and reminders about the consequences of drinking and driving,’ said Col. James Wolfinbarger, chief of the Colorado State Patrol."
Yakima police officer charged with DUI
People look at police officers who get DUI arrests or otherwise break the law as hypocrites. What many people who judge them don't realize is that they are under a lot of stress. Like almost every person who gets a DUI, alcohol is used by police officers as a stress relief and a way to deal with work related and personal problems. Hypocritical, yes. More evil or culpable than the average person who gets a DUI, I say no. What do you think?Yakima police officer charged with DUI: "YAKIMA, Wash. -- A Yakima police officer who has been a leader in fighting gangs and graffiti has been charged with drunken driving. Probable cause for the charge against 39-year-old Officer Tarin Miller was established Wednesday in Yakima County District Court. Deputy Police Chief Kelly Rosenow says Miller is on paid administrative leave pending an internal investigation. She was given a ticket by the State Patrol after another Yakima officer stopped her shortly before midnight March 2. Investigators wrote that her blood-alcohol level registered higher than .16, more than twice the .08 threshold for drunken driving. Miller is a charter member of the Yakima Gang Enforcement Team and is known for working to stop graffiti. Two men were convicted after a downtown graffiti spree that caused thousands of dollars in damage in 2006."
Nurse's Florida DUI and Child Neglect Charges
Nurse charged with DUI, child neglect: "TAMPA - A nurse has been arrested and charged with drunk driving after deputies say she left a 15-month-old in her care alone for several hours. Hillsborough County deputies arrested Brenda Sue Singer around 1 a.m. Thursday near I-75 and Morris Bridge Road. Sheriff's investigators said Singer, 44, had been hired to look after a toddler who needs 24 hour nursing care. The child's parents left the house around 10:30 p.m. Wednesday and returned to find the boy alone around 3 a.m. When Singer was pulled over deputies said she was driving with the headlights off, and her blood alcohol level was in the area of .307 to .314, nearly four times the legal limit. 'In this case she was very drunk,' sheriff's spokesperson J.D Callaway said. Singer was booked into the Orient Road jail where she was released on $2,500 bond Thursday afternoon, jail records show. She's charged with felony child neglect and DUI. When the boy's parents found their son home alone, they immediately called the nursing agency and deputies. A short time later they learned the nurse was in jail. 'They sought the help they needed totally unknowing that their child would be left alone. It could have been very very tragic but it did not turn out to be,' Callaway said."
DUI Cameras: Illinois DUI squad cars to get video?
I find this interesting, since many jurisdictions who have experimented with police car video cameras for DUI investigations have later, at the request of prosecutors' offices, abandoned the use of the videos. The reason, presumably, was that the videos contradicted the police reports. With video evidence, it is difficult for DUI officers to fabricate physical symptoms such as swaying and balance issues. It also makes interpretation of the DUI field sobriety tests much less subjective.Prosecutor says top DUI cops need squad-car cameras :: CHICAGO SUN-TIMES :: Metro & Tri-State: "The top prosecutor in Cook County's Traffic Court has asked the Chicago Police to assign video-equipped squad cars to officers who frequently make drunken-driving arrests. Lawrence X. O'Reilly, supervisor of the state's attorney's traffic division, has identified 28 Chicago officers who regularly have DUI cases before the court, sources said. O'Reilly wants them to have video evidence to support their arrests."
DUI Checkpoints on GPS
GPS program finds red light cameras - Seattle- msnbc.com: "SEATTLE – Designers of a controversial new software say it can help you find red light and speed cameras, and even DUI checkpoints."
Such a device could have prevented this needless death by cop.Georgia DUI case misunderstood says Georgia DUI Attorney.
We'll see what happens. Keep us posted Rob.State v. Rish - a misunderstood case: "I think it is pretty clear that Rish is wrongly decided and this panel’s reliance on Kellogg is misplaced. The Court completely ignored well settled law on alco-sensors, which are very unreliable to begin with. ALWAYS object to the numerical results of an alco-sensor. Always object to any statement about the results that goes beyond positive or negative. A statement that says it was ‘high’ or ‘over .08’ is also objectionable."
(Via Georgia DUI Blog.)
Another Ignition Interlock Device Proposed Law
Representative wants to toughen DUI law - News- msnbc.com: "Levittown - State Rep. Paul Clymer is again trying to expand the use of ignition locks for DUI offenders. A Bucks County Republican reintroduced a bill Wednesday that would require first-time drunken-driving offenders in Pennsylvania to install a device in their vehicles that would prevent them from starting if the driver has been drinking alcohol. State Rep. Paul Clymer's proposed legislation has drawn supporters in Mothers Against Drunk Driving and detractors in the American Beverage Institute. It now figures to be the center of a heated debate before the state House Transportation Committee next Wednesday in Harrisburg."
Death Penalty for DUI: A checkpoint deathtrap
Trooper In Fatal St. Patrick's DUI Patrol Also Killed Boy Years Ago - News- msnbc.com: "'When officers activated their emergency lights, the driver put the vehicle in reverse and backed down 13th Street at a high rate of speed,' Harper said at a news conference. Haniotakis ultimately crashed into a parked car at Wharton and 22nd streets, where, police said, he refused to comply with the officers' orders and they fired an unknown number of shots. Police said he backed up again before sharply turning toward an officer, at which time more shots were fired."
Seattle Police Lt. in DUI Court
Seattle police Lt. pleads not guilty to DUI - Examiner.com: "SEATTLE (Map, News) - Seattle police Lt. Donnie Lowe pleaded not guilty Monday to a drunken driving charge in King County District Court in Redmond. He was cited by a state trooper Nov. 23 on Interstate 5 and registered 0.11 on a blood-alcohol test. The Seattle Times says despite the arrest Lowe supervised a 42-member Seattle police detail sent to Washington, D.C., to assist in security for the Jan. 20 inauguration of President Barack Obama. Lowe works in the department's Homeland Security Bureau, planning for special events and disaster management."
Washington State DUI and public records
I prefer Washington State's approach because it says that all persons, even those in positions of high power, are treated equally.Illinois, Washington state info policies show marked contrast - Galesburg, IL - The Register-Mail: "In Washington state on Jan. 18, King County assessor Scott Noble, an elected official responsible for determining property values for tax purposes, crashed his SUV on Interstate 5 south of Seattle and was arrested on suspicion of drunken driving. And 2,000 miles makes for a world of difference when it comes to finding out the circumstances surrounding such arrests. What is routinely released by authorities in Washington state is just as routinely kept secret in Illinois, where the state attorney general and other legal experts say state law governing public records is filled with loopholes and vagueness that agencies can use to withhold records. In the case of Noble, the Washington State Patrol responded to a records request in exactly 24 minutes, e-mailing 71 pages of documents to The State Journal-Register that included the results of blood tests indicating that the assessor had a blood-alcohol content of .22 percent. The documents included witness statements, a log that shows every person a police investigator interviewed and statements of troopers showing what they observed when they responded to the scene. ‘Please let me know if you would also like … copies of the photos of the collision scene,’ wrote Duane Ungurs, a public records coordinator with the Washington State Patrol. ‘The files are too large to e-mail, and I would have to mail them to you on a CD.’"
Phoenix DUI arrests: The St. Patrick's Day Numbers
Given that St. P's day was mid-week this year, these numbers are not surprising.148 arrested in St. Paddy's DUI sweep: "Valley officers made nearly 150 DUI arrests on St. Patrick's Day as part of a five-day task force sweep targeting drunk drivers. The 148 arrests on the holiday accounted for nearly half the arrests made during the entire sweep. The St. Patrick's Day Task Force involved over 300 officers and deputies from the Department of Public Safety, the Pinal County Sheriff's Office, and at least eight police departments, and resulted in 276 total arrests on suspicion of driving under the influence."
Oregon DUI Arrest Records: Hope for the falsely arrested
It's unthinkable that this isn't the law in every corner and crack of the United States. After all "innocent unless proven guilty, right?" Perhaps there is an exception that society has been willing to make for drunk driving cases.Bill would let people clear false DUI arrests | StatesmanJournal.com | Statesman Journal: "Existing law bars people from having the records of an arrest expunged if it was for a state or municipal traffic offense, including drunken driving, even if the driver was never prosecuted and the charge was dropped. The bill is a response to complaints arising in Corvallis in 2007, when a police officer arrested at least four drivers for driving under the influence even though they proved to be sober. At least two false-arrest lawsuits were filed against Corvallis. The officer resigned, moved to Idaho and started a private-investigation company, specializing in helping clients defend themselves in DUI cases, the Albany Democrat-Herald reported. Last week, all 60 House members voted to pass the bill, HB 2318. It now is in the Senate. Rep. Andy Olson of Albany sponsored the bill."
DUI Urine Testing
Urine Testing: The Basics: "Urine samples are usually tested for drugs by using a screening test followed by gas chromatography-mass spectroscopy (GCMS). The screening test is normally an enzymatic method of analysis that determines if the ‘signal strength’ is at or above a cut-off level. These tests employ reagents that interact with several different but related compounds (e.g., metabolites) and measure the total ‘signal strength’ of all those compounds. "
(Via Georgia DUI Blog.)
When DUI Officers Lie
Another “DUI SuperCop” Caught Framing Innocent Citizens: "As I’ve indicated in previous posts, there is a growing phenomenon of cops across the country trying to get the acclaim, promotions and money that come with 'DUI SuperCop' status — by framing innocent motorists. See, for example, SuperCops…and SuperCons, SuperCops: The Smoking Gun and Another DUI SuperCop. Here’s another one who simply happened to get caught:"
(Via DUI BLOG.)
Scottsdale DUI Fines
There is a big and scary sign in each courtroom in Scottsdale Municipal Court that says "fines are due on day of sentencing."
Don't let that sign get you down. The Court will allow payment plans. You just have to pay a one-time fee of $20.00 and fill out an application.
Washington State DUI Lawyer Wolff adds local sections
Washington State DUI Lawyer Aaron Wolff has added several local pages to his WA DUI presence on duiattorney.com.
The information is good because it gives useful location-specific facts, websites and contact information for the county and municipal courts in the Seattle area.
Mr. Wolff's goal is to complete all of the major cities and courts in the Seattle area, and thereby answer many of the common questions that he gets through his profile on duiattorney.com.
In the larger scheme of things, it is important for people charged with DUI to realize that what happens in a DUI case is determined, to a large extent, by local rules, customs and procedures. Aaron Wolff gets that.
From an attorney marketing/public relations perspective, it is important to give specific and useful local information.
I believe in giving information away for free. It's out there anyways, why not have it come from us?
Seattle DUI Cases
Aaron Wolff, a Seattle DUI lawyer, posted a blog entry at DUI attorney blog about the details of a Seattle DUI arrest. Mr. Wolff points out that the differences between cities can be stark when it comes to processing a DUI.
For example, the Seattle Police Department uses different forms than other Washington State Police agencies.
Like Mr. Wolff, I think it is important that people appreciate and understand that different cities, even within the same county, treat DUI arrests very differently.
I am curious to hear from lawyers in other jurisdictions about the details of the DUI arrest and court process in their local courts.
Georgia DUI opinion re: demurrer
In a new Georgia DUI Opinion, the Georgia Court of Appeals reversed a DUI dismissal based on defective charging documents.
The case is Georgia v. King, and the opinion was issued on March 2, 2009.
For an indepth discussion of the case, see DUI Attorney News, and learn the Georgia DUI Law basics.
