Santa Clara DUI Update
Here are the first of the numbers for DUI arrests over Memorial Day weekend. These are from Santa Clara California.
MorganHillTimes.com | 115 DUI arrests in Santa Clara County during Memorial Day weekend: "Law enforcement agencies in Santa Clara County reported at least 115 arrests for driving under the influence of alcohol or drugs during the Memorial Day weekend.
The arrests were the result of the ongoing Avoid the 13 campaign, characterized by heightened enforcement of drunk driving violations. Thirteen agencies in the county, including the Morgan Hill Police Department and California Highway Patrol, participate in the annual holiday DUI crackdown."
How to avoid a DUI arrest
Here's a new way to avoid a DUI arrest in Arizona this Memorial day weekend.
Since Arizona DUI penalties are so stiff, using this service makes sense at every level."Tipsy Tow" To Prevent Drunk Driving - KOLD News 13 live, local and late breaking-: "AAA Arizona is launching a new program for the summer called 'Tipsy Tow.' The concept is simple: If you have too much to drink, call AAA and you and your vehicle will be towed home for free. The program is open to everyone. You do not need to be a AAA member to take advantage of this service."
Arizona DUI Accident? Maybe not says local attorney
It appears that a terrible accident which occurred in the Phoenix area yesterday may have been DUI related.
DPS: Wrong way driver slams into semi on Valley freeway - Phoenix Arizona news, breaking news, local news, weather radar, traffic from ABC15 News | ABC15.com: "The Arizona Department of Public Safety is investigating a three-vehicle collision that shut down portions of Interstate 10 on Tuesday morning.
Eastbound I-10 is closed at Queen Creek Road with all traffic exiting at Queen Creek.
The accident, involving a commercial vehicle, has also closed I-10 westbound at Riggs Road with all traffic exiting at Riggs Road.
According to DPS, a driver was heading westbound in the eastbound lanes on I-10 when he slammed into a semi-truck.
The semi burst into flames and crashed into a truck.
In all, four people were taken to the hospital with unknown injuries.
The alleged wrong-way driver was airlifted and is being tested for DUI.
The eastbound and westbound lanes were both reopened before 7 a.m., according to the Arizona Department of Transportation."
"It's really hot right now in Arizona," said AZ DUI attorney Stewart Bergman. "We should not rush to judgment. The heat plays tricks on people's judgment just like alcohol does. We should wait for the test results before we assume that anybody is guilty. That's how the criminal justice system works, and it's what DUI defense lawyers fight for every day... the right to the presumption of innocence."
DUI Forum
Florida DUI and Probation Revocation
Here is an appeal from a probation revocation case that was initiated after a Florida DUI arrest. It discusses whether probation can be revoked on an original offense by virtue of arrest alone, in absence of an admission of guilt to the new offense.
The case was issued on 5/15/09, out of the fifth district court of appeals of Florida. The petitioner's name is Raymond Good. At the time of writing this, there is no official cite available.
This case began as an Anders appeal. Appellant's underlying crime was grand theft over $20,000, a third-degree felony, to which he pleaded nolo contendere and was sentenced on July 30, 2007, to eighteen months of probation. He was subsequently charged with violation of probation. The public defender was ordered to file a supplemental initial brief addressing whether reversible error was committed when Appellant's probation was revoked due to his arrest for DUI. We cited Hines v. State, 358 So.2d 183 (Fla.1978); Lockett v. State, 547 So.2d 1292 (Fla. 5th DCA 1989), and Purvis v. State, 397 So.2d 746 (Fla. 5th DCA 1981), which stand, overall, for the proposition that probation cannot be revoked based solely on proof of an arrest during the probationary period where the sole condition assertedly violated was that the probationer "live and remain at liberty without violating any law" and the only evidence of a violation was hearsay.Appellant admitted that he was arrested for DUI and identified the ticket that he received. He did not admit to the DUI. There was no Breathalyzer test, no arrest affidavit, no video of Appellant's behavior during the traffic stop or booking offered in evidence. The arresting officer did not testify. The only evidence of the law violation was the ticket. The trial court found that Appellant violated his probation based on the arrest and reinstated the probation and extended probation to five years. Without this violation, Appellant's probationary period would have ended January 31, 2009.
In its response, the State urges that this appeal should be dismissed because Appellant is now a fugitive from justice, an arrest warrant having been issued for Appellant on December 12, 2008. Under Griffis v. State, 759 So.2d 668 (Fla.2000), if an appellant absconds after filing an appeal, the reviewing court has the discretion to dismiss the appeal. According to the State's filing, Appellant absconded on or about December 12, 2008, and as of the date the State filed its response, February 18, 2009, he was still missing. Had Appellant gone missing after the end of his original term of probation, we would likely not dismiss the appeal; however, having elected to abscond during the original probationary term, this appeal is essentially moot. Accordingly, we elect to dismiss this appeal.
There is a perception that once on felony probation, it is extremely easy to get violated, and an arrest can result in revocation of probation. This would mean that the mere accusation could be enough to send somebody back to prison, even if it is merely an accusation of misdemeanor DUI.
Never blindly trust expert witnesses
Here's a very good, real life, example of why we should not blindly trust expert witnesses in DUI cases (or any criminal case for that matter).
A Forensics Charlatan Gets Caught in the Act: Video from a defense attorney's sting exposes Mississippi bite-mark "expert" Michael West. - Reason Magazine: "Plourd’s video sting ought to move public officials in Mississippi and Louisiana to thoroughly, if belatedly, investigate just how much damage this dentist has inflicted on the judicial systems of those states. There are still dozens of people in prison due in some part to 'expert' tetimony that has been shown to be anything but."
When a person's freedom and life is at stake, it is appropriate to question the methodology, motive and conclusions of any expert witness.
Lifetime DUI Revocations: The next trend
Fool me once, shame on you. Fool me twice, shame on me. That is the thought process of many lawmakers, judges and prosecutors about people with multiple DUI charges or convictions.
Currently, most states allow people with multiple drunk driving convictions to reinstate their license, usually within months or a couple of years of their most recent conviction.
But this is slowly starting to change, and when it reaches a critical mass, then I believe we will see lifetime license revocations (or lifetime ignition interlock requirements).
Most people believe that anybody can make a stupid mistake and get one DUI. However, most people also believe that if you get more than one DUI, meaning you didn't learn your lesson the first time, that you probably have deeper issues and that you are willing to disregard the safety and well-being of others. Different states treat DUI license suspensions differently. For an overview of the suspension process, and a jumping off point to research drunk driving suspensions in all 50 states, refer to DUI license suspensions and driving issues.
People with commercial drivers licenses already lose their licenses for a lifetime on DUI number two. Look for this trend to spill over into regular "citizen" licenses in the near future.
Nevada DUI: Under the legal limit
Nevada could still charge a man who caused a fatal accident that killed an officer with DUI, even though he was below the legal limit of .080.
Attorney: Darling could still be charged with DUI: "The man accused of killing a Metro officer in a deadly crash admits to having a few beers just before the accident. But now, blood tests have put Calvin Darling below the legal drinking limit in Nevada.
So what does this mean for the charges he's facing?
Calvin Darling can still be charged with DUI. Nevada law states that if you are under the influence of alcohol to any degree and it makes you incapable of driving safely, you can be held responsible for your actions. However, it's up to investigators to decide whether his driving was impaired by the beers he said he had."
Prosecutors usually want to get a defendant for something. So if vehicular homicide won't stick, why not charge the DUI. Learn more about Nevada DUI law.
Hawaii DUI Statistics
When I think of Hawaii, drunk driving and DUI related fatalities are not in the top 25 things that come to mind. Here is a sobering reality check that shows that DUI happens everywhere, even in paradise.
KPUA.net - KPUA Hawaii News - Latest Big Island DUI stats: "During the week of April 28, 2009, through May 4, 2009, Big Island police arrested 38 motorists for drunk driving. Two of the drivers were involved in a traffic crash. Seven were under the age of 21.
So far this year, there have been 456 DUI arrests compared with 466 during the same period last year, a decrease of 2.1 percent. The numbers of arrests by district were:
DUI Arrests by District
District Weekly Total Year to Date
Hāmākua 0 2
North Hilo 0 0
South Hilo 13 137
Puna 1 50
Ka'u 2 20
Kona 21 198
South Kohala 1 37
North Kohala 0 12
Island Total 38 456
There have been 558 major accidents so far this year compared with 635 during the same period last year, a decrease of 12.1 percent.
So far this year, there were five traffic fatalities on the Big Island compared with 11 during the same period last year, a decrease of 54.5 percent.
DUI roadblocks and patrols will continue island wide."
DUI roadblocks are legal under Hawaii DUI law.
I always pictured sleeping it off in Hawaii should I ever find myself under the influence there.
Minnesota DUI breath testing on the ropes
It appears that Minnesota may be ground zero in the battle for the release of the source code that powers Intoxilyzer breath test devices.
Intoxilyzer, which is a brand of CMI, Inc., is the most widely used type of breath testing device in the country.
The Minnesota Supreme Court issued an opinion on the matter.
In a nutshell, if you can come up with a reason why the source code might help your case, then, in MN DUI cases, you get it. If you can't think of a reason why you need it, then you don't get it.
The problem with this logic is that there may be a legitimate need for the discovery, which a DUI defendant can't discover until they actually have the source code.
Minnesota DUI Lawyer Charles Ramsay, although not a lawyer named in this case, has been instrumental in the fight to obtain the code in Minnesota.
