March 2008 - Posts

• 90 Teenagers Breathalyzed for Root Beer

  I think they’ve finally lost it… Cops Bust High School Root Beer Kegger Wausau, WI. Mar 28 (AP) – Cars lining the street. A house full of young people. A keg and drinking games inside. Police thought they had an underage boozing party on their hands. But though they made dozens of teens take breath tests, none tested positive for [...] Posted Mar 31 2008, 03:26 PM by DUI BLOG Filed under: Duiblog

• One Drink = Felony DUI

  It Took Less Than One Drink to Get Shannon Wilcutt Busted for Felony DUI Phoenix, AZ.  Mar. 20 – The businessman was meeting with clients for lunch at Mimi’s Café when he noticed the woman. Sitting a few tables over with her 4-year-old boy, she seemed groggy — yet she was drinking a mimosa. It got worse. [...] Posted Mar 27 2008, 10:08 AM by DUI BLOG Filed under: Duiblog

• N.J. Supreme Court Rules on Breathalyzer Challenges

  I’ve posted repeatedly in the past concerning the inaccuracy and unreliability of the various brands of breath testing machines.  (See, e.g., How Breathalyzers Work – and Why They Don’t.)  The Supreme Court of New Jersey has just turned back a challenge from defense attorneys in that state.  In New Jersey v. Chun, the Court reluctantly admitted that there [...] Posted Mar 20 2008, 03:14 PM by DUI BLOG Filed under: Duiblog

• Another of MADD’s “DUI SuperCops”

  Another one of those news stories that needs little comment… Officer Who Shot Chargers Player Honored for DUI Arrest Record Del Mar, CA.  Mar 17  — A police officer who shot Chargers linebacker Steve Foley after following the player on suspicion of drunk driving has been named Coronado’s Outstanding DUI Officer of the Year. Coronado’s city manager [...] Posted Mar 18 2008, 11:28 AM by DUI BLOG Filed under: Duiblog

• Let’s Hope MADD Doesn’t See This….

  Traffic police in Minsk in the Republic of Belarus have apparently adopted a new tactic in the War on Drunk Driving.  According to a news release yesterday from Russia Today, police were ordered by superiors to stop a reported drunk driver on a highway.  Their solution:  they randomly stopped four cars and forced the drivers to line up [...] Posted Mar 15 2008, 03:49 PM by DUI BLOG Filed under: Duiblog

• Why Cops Can Only Testify to Incriminating Evidence in DUI Trials

  How does a police officer testifying in a drunk driving trial recall every detail of a DUI investigation conducted months earlier? When an officer stops a motorist and suspects that he may be under the influence of alcohol, he begins to mentally record various observations. Was the driving erratic, and in what way? What was his [...] Posted Mar 15 2008, 02:57 PM by DUI BLOG Filed under: Duiblog

• The National College for DUI Defense

  Until a few years ago, attorneys attempting to defend a client against drunk driving charges were general practitioners who had little, if any, understanding of the nature of the offense. They were unfamiliar with such DUI investigatory methods as field sobriety tests, and there was an almost complete lack of seminars on how to defend [...] Posted Mar 11 2008, 09:55 AM by DUI BLOG Filed under: Duiblog

• Catheter Forced Up Penis After DUI Arrest

  I don’t think the following story needs any commentary from me: Tube Inserted Into Man Who Refused to Give Urine Sample Kelso, Wa.  March 4  –  When a man who was suspected of drunken driving in Longview refused to give blood and urine samples he was taken to a hospital. His lawyer says he was held down kicking [...] Posted Mar 05 2008, 11:50 AM by DUI BLOG Filed under: Duiblog

• “The Federal DUI Immunity Act of 1998″

  My last two posts, concerning the notorious lack of convictions for drunk driving when a cop, prosecutor or judge is involved, has triggered a flood of email…wanting to know about “The Federal DUI Immunity Act of 1998″. Hmmm…Sorry, folks, that was just my attempt at humor.  Or perhaps sarcasm.  Or maybe anger. Posted Mar 05 2008, 11:35 AM by DUI BLOG Filed under: Duiblog

• “Do As I Say, Not As I Do” (redux)

  Apparently, Utah does not subscribe to the provisions of the Federal DUI Immunity Act of 1998 that I mentioned in yesterday’s post….or at least not as to DUIs committed by heads of the Highway Patrol’s DUI Enforcement Unit.  Former Head of UHP’s DUI Unit Ends Appeal of Alcohol-Related Conviction West Jordan, UT.  Mar 3  – The former commander of the [...] Posted Mar 04 2008, 11:19 AM by DUI BLOG Filed under: Duiblog

• “Do What I Say, Not What I do”

  The latest example of the ubiquitous DUI Double Standard: Regional Agency Head Suspended After DUI Arrest Palm City, FL.  –   The leader of a Treasure Coast-wide agency established to provide classes for people convicted of driving under the influence of alcohol or drugs was suspended from her job Wednesday in the wake of her DUI arrest Monday. The Comprehensive Offender [...] Posted Mar 03 2008, 12:46 PM by DUI BLOG Filed under: Duiblog