Ann Toney is now the Colorado DUI Attorney representative for several counties
DUIAttorney.com is pleased to welcome Attorney Ann Toney as our Colorado DUI Lawyer representative for several CO counties including. Soon, she will be able to be found at:
Morgan County DUI Attorney
Hawaii DUI Attorney Richard Holcomb Joins DUIAttorney.com
I am pleased to announce that Richard Holcomb has joined DUIAttorney.com as the Hawaii DUI Attorney representative.
Rick is an experienced DUI lawyer who recently moved from Tennessee to Hawaii, and is starting his own law practice. His office is located in Honolulu, and he will provide service to all of the outer islands as well.
DUI Forum Launched
DUIAttorney.com announced the re-launch of its DUI forum today. The forum is open for public registration.
When Police Officers Get DUIs
It happens every month. Police officers get arrested for DUI. They cause accidents while driving drunk. They commit other crimes too. So do defense lawyers, prosecutors and judges. Its a fact of life and shouldn't come as a shock to anybody.
Some people seem to relish the hypocrisy of somebody in law enforcement getting caught breaking the law.
To me, it's not the fact that an arrest happened or didn't happen that matters most. The big question is what the officer does after the fact. They can either run and bury their head in the sand, or the can use the experience as President Obama might say as a "teachable moment."
Hats off to Chief David Baker for agreeing to go on the radio to talk about his experience.
Police Chief David Baker to appear on Ridin' Dirty DUI radio show : DUIAttorney.com: "Baker was arrested for driving under the influence after a car crash in Arlington County. He had a blood alcohol level of .19 which is more than twice the legal limit. ‘I offer no excuses for my bad decisions and behaviors because there are none, and I am , and will be, forever haunted by the personal embarrassment and humiliation I caused to those who have supported me…’ said Baker."
DUI Homicide Penalties
From state to state and county to county, DUI penalties are all over the map. Even more varied are the penalties for killing somebody while in the act of driving under the influence.
I recently reported on a California DUI case, Santa Cruz DUI Manslaughter Plea, where the guy got 8 years. Then there's the now infamous case of Stallworth and Miami DUI Pleas - Wealthy Person Style.
Is there a different set of DUI penalties for the rich and powerful? I posed this question more in depth in a post called Can Wealth Buy Better Results in DUI Cases?
I've already asked Bart Herron and John Musca for their takes on the issue. I'm going to be asking other DUI lawyers over the next several weeks and will report the results of the informal survey.
How to tell your parents you got a DUI
So you got a DUI and now you are trying to figure out how to tell your parents?
You probably fall into one of two camps:
1) You need to tell them because you need help with your legal fees;
2) You feel a need to tell them because, well, that's how you cope, or feel better, or forgive yourself or whatever.
The first thing that you should do is evaluate yourself.
How old are you?
If you are under 21 it is probably a no brainer that you should tell them. You got a DUI before you are even old enough to drink, so you probably lack the emotional maturity to handle this by yourself. If this applied to you, just come right out and tell them. You don't need to make a special dinner or anything. You don't need to butter them up. Just come right out with it.
If you are over 21 you might think twice. You are probably trying to assert your independence from then as an adult. If this applies to you, you might consider growing up and trying to handle it on your own.
If you are over 30 years old and you are telling you parents for any kind of emotional or financial support, you might consider instead taking a good hard look in the mirror. Perhaps your parents or your relationship with them is part of the problem, not the solution. Perhaps it is time to cut the umbilical cord and take responsibility for yourself before you are 40 years old and living in their garage.
If you look at telling your parents as a sort of confessional, consider going to church, or synagog or mosque, get a shrink, go to some support group meetings, go get lost in the woods for a week and find yourself. I guarantee that if you are a legal adult and need to lean on mom or dad for this, then you have larger issues than the DUI arrest anyways.
Think about your parents.
What will the knowledge of your DUI arrest do to them? Will it hurt them? Is it better to spare them that pain?
Is it revenge?
Perhaps you somehow blame your parents for your DUI. What didn't they give you? Do you come from an alcoholic home? Do you want to hurt them with the knowledge of your DUI? If so, then you should tell them only after you are through it and safely on the other side. Your best revenge may be to succeed, and nothing says success under these circumstances better than getting through a major life obstacle without the help or guidance of your parents.
In a nutshell:
Evaluate why you want to tell your mom or dad about your DUI arrest. If your motives are pure and the good of telling them outweighs the bad, then just come right out and tell them. No sense in beating around the bush.
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.
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.
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."
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.)
DUI Law Blog: We're back
After a several week hiatus to put the finishing touches on a newly designed DUI Attorney.com, and do a jury trial, I am now back and will be working on catching up on the case law updates from around the country (of which there are many) that I missed over the past weeks.
Announcement:
DUI Attorney.com is now live and available to people in every state. We are hard at work filling in state-specific information, and are beginning to talk with dedicated attorneys from around the country about contributing state and local information to the project.
I want to welcome our first DUI lawyer to join, Washington State DUI Lawyer Aaron Wolff. Aaron brings nearly a decade of DUI experience in the Seattle area to the table. Aaron
For people looking for my Arizona DUI Attorney information, it is still there, just in a different section of the site.
DUI Attorney.com now has two active blogs: One at blog.duiattorney.com, and the other at www.duiattorney.com/blog. For the time being we will keep them both active.
We are hard at work on the following states, which should be done within the next week:
Any dedicated attorney from states other than Washington and Arizona who wants to talk to be about getting involved in the project can reach me at:
Office: 480-951-3200
or fill out the form for potential DUI attorney partners on the website.
When Arizona Police don't take no for an answer
Charles Barkley - A Forced Blood Draw: Barkley declined to submit to a breath test but was given a blood test, which is common in Arizona where the police don’t just take ‘No’ for an answer.
(Via Georgia DUI Blog.)
I agree with the statement "police don't just take "No" for an answer on many levels, but want to explain how the process works in Scottsdale DUI cases. Scottsdale defaults to blood, which means that they always request a blood test. The preliminary breath test (PBT) may be offered, but is not admissible into evidence, and the refusal to take it can't be held against a person. What I presume Barkley refused was the PBT. Now if a person refuses to take a blood test in Scottsdale, the police don't have to, and usually do not take no for an answer. Instead, they seek a search warrant and the forcibly draw blood if necessary.Bent of mind okay in Georgia DUI cases
Georgia Court of Appeals has ruled that an odd “bent of mind” rule that allows for the use of evidence of prior acts in DUI cases to show a propensity to drive drunk is constitutional, although unique to Georgia.
The Cite: Wade v. State, Court of Appeals of Georgia, Issued December 2, 2008 (link will be posted when available)
Excerpts from the opinion:
The State provided notice of its intent to introduce at trial a prior DUI conviction to show Wade's bent of mind and course of conduct, and the trial court held a hearing during which Wade stipulated to the admission of such evidence at trial only to prevent the State's witnesses from having to appear, but reserved, with the court's permission, the issue of the constitutionality of the admission of such evidence for appellate review. We therefore treat Wade's arguments as preserved for appeal.
Wade argues that the admission of similar transaction evidence in a case such as this, a generic DUI charge arising from a roadside traffic stop, violates due process. As Wade notes, the law in Georgia has evolved to the point of allowing the inclusion of similar transaction evidence in the trial of an unrelated offense to prove, among other things, the defendant's bent of mind, as was done here.
Compounding this danger of improper prejudice, the probative value is low in cases such as this, where a generic DUI offense is at issue, because the State does not need evidence of a prior act to show motive, intent, identity, plan, scheme, or other generally accepted rationale for admitting such evidence. As we have already recognized, in exercising discretion as to whether to admit the inflammatory evidence of prior acts,
the court should consider whether the State's need for the similar transaction evidence outweighs the prejudice inherent to the defendant. This consideration consists of at least two questions. First, is the issue for which the State is introducing the evidence a genuinely disputed issue? For example, if identity is the State's announced purpose but is not an issue contested by defendant, then the probative value of the similar transaction evidence is acutely if not fatally diminished.
As Wade's identity was not at issue, and as DUI is not a crime of specific intent, Wade contends that there was no need for the State to introduce the evidence.
Wade points out that Georgia is the only state to recognize the bent of mind exception, and we have found no authority to the contrary. Professor Paul S. Milich has studied the topic and observed that " '[b]ent of mind' is neither a traditional nor widely accepted category for the admission of independent crimes or acts. Indeed, no other American jurisdiction uses it." It is this unique feature of Georgia's law that Wade now challenges.
Nevertheless, we are not authorized to depart from the precedent of the Supreme Court of Georgia authorizing the bent of mind rationale for admitting similar transaction evidence here.
Accordingly, we are constrained to affirm the trial court's judgment, notwithstanding appellant's due process arguments.
My Analysis: Wow. My legal analysis is that this law is stupid and outrageous. The Defense in this case had one of the best and most accomplished DUI defense lawyers in the country, and still got stuck with this terrible ruling. Hopefully the Supreme Court of Georgia will fix this mess.
In the meantime, if you get a DUI in Georgia, the prosecutor can try to prove that you are a drunk in general to show that you were impaired on the date in question.
Really stupid and dangerous. From the opinion it sounds like the Court of Appeals here even thinks that the rule is insane, but doesn't want to overstep its authority and is therefore deferring to the Supreme Court.
Delaying a DUI jail sentence
There are very few public stories that catch our interest, as most fall into the category of propaganda or celebrity gossip. This story is different. It is about a 10-time DUI convict, condemned to another 4 years in prison.
This poor guy's daughter is sick and needs a kidney. The justice system is allowing him to delay his start date for the sentence in order to donate a kidney to her.
Kidney disease is tangible and one that our court's honor and pay attention to. Alcoholism is, for the most part, treated as a criminal rather than medical problem.
Excerpts from the AP Article: (link)
He was given a 4-year prison sentence, but it won't begin until January. Prosecutor Sandra Donaghy said the start of Lawrence's sentence was set back so he can contribute one his kidneys to his seriously ill daughter. Court records show Lawrence has 10 previous DUI convictions in Knox County and one each in Sevier and Union counties. A call to arms for DUI attorneys, and prosecutors: Start educating your colleagues, judges, court staff and the public about the disease of alcoholism. Until we start treating the underlying cause of drunk driving, we will never solve the symptoms, which often come in the form of multiple DWI arrests.
About DUI Law Blog
Drunk Driving Law is one of the most litigated topics. Over the past two decades DUI practice has evolved from a sideline practice area to a highly specialized niche.
As organizations such as Mothers Against Drunk Driving and local politicians have pushed for the expansion of DUI laws, the result has been more high-level litigation and more new case-law, statutes, and administrative code regulations.
This blog is serious and scholarly. It is written by attorneys for attorneys, and for the public with an advanced understanding of DUI law and process. We welcome comments, feedback and debate about the topic covered herein, and no thoughtful input will be ignored or de-published.
This blog tracks the latest in judicial opinions (published and unpublished) from across the country and around the world. It also tracks the latest developments in DUI science and technology, punishment trends, enforcement criteria and all else that is new and relevant to the DUI practitioner and enthusiast.
