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How to Convict a Drunk Driver of Murder

In California as in most states, the crime prescribed by statute in the event of a death caused by drunk driving is manslaughter. In recent years, however, MADD’s "War on Drunk Driving" has encouraged prosecutors to find creative ways of charging murder. Let’s...

Posted to DUI Blog (Weblog) by Anonymous on 10-09-2008
The Disappearing Right to Jury Trial…in DUI Cases

Ok, the cop said I looked bad on the field sobriety tests, but I know I’m not guilty: I only had two drinks and I’ve got witnesses. No matter what the police say, I can tell my side of the story to my fellow citizens and let them decide. Right? Well….Not necessarily. This right to jury...

Posted to DUI Blog (Weblog) by Anonymous on 10-04-2008
Police Roadblocks in the New America

When the U.S. Supreme Court in a 5-4 decision validated DUI "sobriety checkpoints" (aka police roadblocks), Chief Justice Rehnquist admitted that they were a clear violation of the Fourth Amendment to the Constitution. However, he wrote in Michigan v. Sitz, the "minimal intrusion"...

Posted to DUI Blog (Weblog) by Anonymous on 09-30-2008
DUI…or Anemic?

I’ve commented repeatedly in the past about the inaccuracy and unreliability of breath-testing devices used in DUI investigations. This is due to a wide range of factors, including inherent design defects (see, for example, my previous post “Why Breathalyzers Don’t Measure Alcohol”...

Posted to DUI Blog (Weblog) by Anonymous on 09-26-2008
Do DUI Laws Discriminate Against Women?

If you are arrested for DUI and a breath test shows a blood alcohol concentration (BAC) of .08% or higher, you are guilty. It does not matter, of course, whether you are a man or a women: the laws do not discriminate. Maybe they should… Researchers at the University School of Medicine in Trieste...

Posted to DUI Blog (Weblog) by Anonymous on 09-22-2008
Perspectives and Priorities

Now if MADD were truly interested in saving lives on our highways rather than in eradicating the “evils of alcohol”… Study: Texting More Dangerous Than DUI LONDON, Sept. 19 (UPI) — Young drivers who send text messages while operating a motor vehicle are at more...

Posted to DUI Blog (Weblog) by Anonymous on 09-19-2008
Who Cares About Drunks?

For many years now I’ve written and lectured extensively on drunk driving litigation – on the science of blood and breath alcohol analysis, the flaws in breathalyzers, the ineffectiveness of field sobriety testing. In recent years, however, my focus has increasingly shifted to the gradual...

Posted to DUI Blog (Weblog) by Anonymous on 09-17-2008
Judge Orders Secrets of Breath Machine Revealed

As I’ve written in past posts (Secret Breathalyzer Software Still Secret), defense attorneys have repeatedly tried to gain access to the secret software used to run the various models of breath-testing machines. As the geeks say, "garbage in, garbage out": erroneous or badly...

Posted to DUI Blog (Weblog) by Anonymous on 09-13-2008
Immaculate Intoxication

Can alcohol be created by the human body itself — without any drinking? Apparently so. In an interesting scientific article, two physicians at Union Memorial Hospital in Baltimore reported that they detected the odor of beer in three of their patients. This was in an isolated hospital setting;...

Posted to DUI Blog (Weblog) by Anonymous on 09-11-2008
Ready-Made DUI Arrest Reports

An increasing number of police officers are using pre-written arrest reports in drunk driving cases. In other words, they are writing out a batch of phony reports — including driving symptoms, slurred speech, failed field sobriety tests, admissions of drinking — and then just filling in the...

Posted to DUI Blog (Weblog) by Anonymous on 09-05-2008

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