Criminal Law

Are you sure the blood they tested was yours?

Posted on November 18, 2009
Let me tell you about one of our DUI cases that ended up on the front pages of the Los Angeles Times. My law firm had a young client, I’ll call him "Steve", who had been arrested for drunk driving by the Los Angeles Police Department and a blood sample drawn from his arm...

DUI Cop Framing Gay Drivers for Drunk Driving

Posted on November 14, 2009
I’ve posted in the past about how easy it is for a police officer to falsely arrest a driver for DUI and to fabricate evidence.  Some of these cops carry this to extremes.  These so-called "DUI SuperCops" receive awards from MADD, departmental promotions, and huge overtime paychecks for testifying in court...

In the ?Physician Heal Thyself? Department

Posted on November 11, 2009
The endless hypocrisy of MADD’s "War on Drunk Driving" continues… Ohio Trooper of Year Charged With Drunk Driving Lima, OH.  Nov. 10 -  A state trooper in northwest Ohio who was honored by Mothers Against Drunk Driving in 1997 for the number of drunken-driving arrests he made has been charged with drunken driving… Gibson was off duty Sunday when [...

No Surprise: Dirty DUI Cop Goes Free

Posted on November 06, 2009
I’ve posted in the past about so-called "DUI Super Cops", who get promotions, awards and lots of money by racking up huge numbers of drunk driving arrests — legitimate or not.  See, for example, DUI SuperCops and SuperCops…and SuperCons...

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?Due Process? for DUI License Suspensions

Posted on November 04, 2009
So you got stopped last night and arrested for drunk driving. And right after the Breathalyzer showed a blood-alcohol reading of .12%, the officer confiscated your driver’s license and gave you a a piece of paper that said it was immediately suspended...

DUI?.in a Lounge Chair

Posted on October 24, 2009
The latest news from the front lines of MADD’s "War on Drunk Driving": Man pleads guilty to DWI in motorized La-Z-Boy Duluth, MN.  Oct. 22 – A Minnesota man has pleaded guilty to driving his motorized La-Z-Boy chair while drunk...

Police Plan Fundraiser in DUI Double Fatality?for the Drunk Driver

Posted on October 22, 2009
So two people are killed by a drunk driver with a blood alcohol level over three times the legal limit.  So maybe there’s going to be a fundraising benefit for the families of the victims, right? Wrong.  The benefit is for the drunk driver — if he’s a cop...

DUI Quotas

Posted on October 21, 2009
DUI attorneys have long contended that many police agencies impose quotas on their officers for drunk driving arrests.  And police agencies have long contended that this is simply not true.  Imposing quotas, of course, has a coercive effect on officers to make arrests — even if those arrested are innocent...

A ?Fraudulent? Field Sobriety Test?

Posted on October 13, 2009
The critical part of any drunk driving investigation is the administration of "field sobriety tests" (FSTs).  These usually consist of a battery of excercises involving balance, coordination and mental agility — and are difficult to perform for even a sober person under ideal conditions (see "Field Sobriety Tests: Designed for Failure?")...

Another ?DUI Super Cop?

Posted on October 07, 2009
I’ve written repeatedly in the past about the growing phenomenon of the so-called "DUI Super Cop".  See, for example, DUI SuperCops, How to be a "Top Cop" and SuperCops: The Smoking Gun.  The are cops who rack up high numbers of drunk driving arrests — resulting in awards from MADD, departmental promotions and higher salaries from overtime...

?Immaculate Intoxication?

Posted on October 01, 2009
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...

More News From the Battlefront?.

Posted on September 25, 2009
Another potential killer removed from our highways: Man Rides Motorbike in Court Woodstock, IL.  Sept. 25 – A Marengo man charged with drunken driving rode his motorbike in court Tuesday, not to it. Carl Ahrens, 36, said he rode his Razor MX500 from Judge Thomas Meyer’s bench to the back of the courtroom in an effort to prove [...

Where Are We Going?

Posted on September 23, 2009
The latest from the front…. ER Nurse Sues Cop for Handcuffing Her During Dispute Over Drawing Suspect’s Blood Chicago, IL.  Sept. 21 –A head emergency room nurse at Advocate Illinois Masonic Hospital has sued the city and a Chicago Police officer for handcuffing her and putting her in the back of a squad car during a dispute [...

The Business of MADD

Posted on September 21, 2009
As I’ve mentioned before, Mothers Against Drunk Driving is a huge, politically powerful prohibitionist organization.  It’s also a very profitable one.  According to the required IRS annual reports posted on its own website, the organization makes about $50 million each year in contributions — about $12 million of which goes to professional telemarketers and "management"...

DUI Cops Now Armed with Guns, Batons?and Needles

Posted on September 16, 2009
Coming soon to a neighborhood near you… Police Draw Blood from DUI Suspects Federal program tries roadside tests in Idaho, Texas Boise, ID.  Sept. 14 – When police officer Darryll Dowell is on patrol in the southwestern Idaho city of Nampa, he’ll pull up at a stoplight and usually start casing the vehicle...

Sleeping Under the Influence

Posted on September 14, 2009
A recent dispatch from the front: Monmouth County Man Accused of Drunken Driving in Morris County Madison, NJ – A Holmdel man was charged with driving while intoxicated after police found him lying on the grass near his parked car, police said today...

The DUI Double Standard

Posted on September 07, 2009
I’ve  written ad nauseum about the double standard that is pervasive when it comes to citizens accused or convicted of drunk driving.  See, for example, The DUI Exception to the Constitution.  The following news story is only the latest reflection of this neo-prohibitionist attitude: County Wants DUI Convicts to Pay for Jail Stay Tucson, AZ...

DUI Cops Inspired by CIA?

Posted on September 04, 2009
The latest news from the front in MADD’s "War on Drunk Driving"…. Man Says Police Forcibly Collected Urine Sample Lawrenceburg, IN.  Sept. 3 — An Indiana man has filed a lawsuit claiming that police forcibly withdrew urine from his body during a drunken driving arrest...

The Disappearing Right to Jury Trial…in DUI Cases

Posted on September 04, 2009
Ok, the cop said I failed the field sobriety tests, but I have an injured knee and I was really nervous – and, anyway, 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...

Trial by Machine — But How Good Are the Machines?

Posted on September 04, 2009
All states now have two drunk driving laws: (1) driving under the influence of alcohol (aka “DUI”, with local variations, such as “driving while intoxicated” or “DWI”), and (2) the so-called per se law of driving with ...

“How Can You Defend Drunk Drivers?”

Posted on September 04, 2009
First off, I don’t defend drunk drivers:  I defend citizens who have been accused of being drunk drivers.  And no, that is not just a technicality — at least not in this country.  Not yet. But it always surprises me how many people are outraged that I would defend someone accused by the police of a crime – particularly when it’s DUI...

How Smoking Can Affect Your Breathalyzer Test Results

Posted on September 04, 2009
I have mentioned that a primary problem with blood alcohol analysis is that no two individuals are alike in their physiology and metabolism of alcohol (see, for example, Convicting the Average Person, Racial Differences in the Metabolism of Alcohol and High Blood Alcohol - or a Zinc Deficiency?...

The Difference Between DUI and DWT is….?

Posted on September 04, 2009
A rash of recent studies confirm that DWT (driving while texting) is more dangerous than DUI.  For that matter, so is driving while talking on a cell phone.  See, for example,  my previous posts Inebriated or Texting: Which is More Dangerous While Driving?  and Feds Crack Down on DUI…and Cover Up DWT...

DUI Suspect Shot by Bounty Hunters

Posted on September 04, 2009
Maybe MADD’s "War on Drunk Driving" has gotten a little out of control.  From yesterday’s Los Angeles Times: Bounty Hunter Shoots Man in Sun Valley Sun Valley, CA.  Aug. 3 –Three bounty hunters were involved in a shooting after they tried to arrest a suspect in Sun Valley who was wanted in connection with a misdemeanor DUI [...

MADD Criticizes Obama for Beer Summit

Posted on September 04, 2009
It’s interesting that Mothers Against Drunk Driving has taken no position against texting or talking on a cell phone while driving — practices which have repeatedly been proven more dangerous than drunk driving...

DUI on a Horse

Posted on September 04, 2009
More idiocy from the "War on Drunk Driving" front… Charges Dropped in "DUI On Horse" Case Dalton, CA.  Aug. 1 –Two men charged in for driving under the influence on a horse have had their charges dropped… District Attorney Kermit McManus told the Citizen that it came down to distinctions in the case–between a vehicle and a horse...

Cops Frame Woman for DUI

Posted on September 04, 2009
How easy is it for a cop to frame someone for drunk driving?  Very….if you forget there’s a video tape running in the patrol car: Charges Dropped Against Woman Framed by Cops Miami, FL.  July 29 – Alexandra Torrensvilas was the target of cops who pinned a DUI on her for an accident they caused...

DUI Cops Inspired by CIA?

Posted on September 03, 2009
The latest news from the front in MADD’s "War on Drunk Driving"…. Man Says Police Forcibly Collected Urine Sample Lawrenceburg, IN.  Sept. 3 — An Indiana man has filed a lawsuit claiming that police forcibly withdrew urine from his body during a drunken driving arrest...

The Disappearing Right to Jury Trial?in DUI Cases

Posted on September 01, 2009
Ok, the cop said I failed the field sobriety tests, but I have an injured knee and I was really nervous – and, anyway, 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...

Trial by Machine ? But How Good Are the Machines?

Posted on August 25, 2009
All states now have two drunk driving laws: (1) driving under the influence of alcohol (aka “DUI”, with local variations, such as “driving while intoxicated” or “DWI”), and (2) the so-called per se law of driving with ...

?How Can You Defend Drunk Drivers??

Posted on August 20, 2009
First off, I don’t defend drunk drivers:  I defend citizens who have been accused of being drunk drivers.  And no, that is not just a technicality — at least not in this country.  Not yet. But it always surprises me how many people are outraged that I would defend someone accused by the police of a crime – particularly when it’s DUI...

How Smoking Can Affect Your Breathalyzer Test Results

Posted on August 15, 2009
I have mentioned that a primary problem with blood alcohol analysis is that no two individuals are alike in their physiology and metabolism of alcohol (see, for example, Convicting the Average Person, Racial Differences in the Metabolism of Alcohol and High Blood Alcohol - or a Zinc Deficiency?...

The Difference Between DUI and DWT is?.?

Posted on August 11, 2009
A rash of recent studies confirm that DWT (driving while texting) is more dangerous than DUI.  For that matter, so is driving while talking on a cell phone.  See, for example,  my previous posts Inebriated or Texting: Which is More Dangerous While Driving?  and Feds Crack Down on DUI…and Cover Up DWT...

DUI Suspect Shot by Bounty Hunters

Posted on August 04, 2009
Maybe MADD’s "War on Drunk Driving" has gotten a little out of control.  From yesterday’s Los Angeles Times: Bounty Hunter Shoots Man in Sun Valley Sun Valley, CA.  Aug. 3 –Three bounty hunters were involved in a shooting after they tried to arrest a suspect in Sun Valley who was wanted in connection with a misdemeanor DUI [...

MADD Criticizes Obama for Beer Summit

Posted on August 03, 2009
It’s interesting that Mothers Against Drunk Driving has taken no position against texting or talking on a cell phone while driving — practices which have repeatedly been proven more dangerous than drunk driving...

DUI on a Horse

Posted on August 02, 2009
More idiocy from the "War on Drunk Driving" front… Charges Dropped in "DUI On Horse" Case Dalton, CA.  Aug. 1 –Two men charged in for driving under the influence on a horse have had their charges dropped… District Attorney Kermit McManus told the Citizen that it came down to distinctions in the case–between a vehicle and a horse...

Cops Frame Woman for DUI

Posted on August 02, 2009
How easy is it for a cop to frame someone for drunk driving?  Very….if you forget there’s a video tape running in the patrol car: Charges Dropped Against Woman Framed by Cops Miami, FL.  July 29 – Alexandra Torrensvilas was the target of cops who pinned a DUI on her for an accident they caused...

Feds Crack Down on DUI?and Cover Up DWT

Posted on July 27, 2009
We all know about the federal government’s MADD-influenced "War on Drunk Driving" during recent years, forced on the states with the threat of withholding highway funds.  More recently, however, we’ve learned that driving while using a cell phone — and especially driving while texting ("DWT") — is actually more dangerous to human life...

The ?DUI Exception? Continues?.

Posted on July 23, 2009
As many of you may know, I’ve written and lectured ad nauseum about the extensive loss of constitutional rights in drunk driving cases.  See The DUI Exception to the Constitution.  For those who are unclear what this means, the following from today’s Washington Post presents a clear example: A Valid Legal Theory That Crumbles With Each DUI Arrest Washington, D...

Inebriated or Texting: Which Is More Dangerous When Driving?

Posted on July 21, 2009
Which is more deadly – driving while intoxicated or driving while texting?  Ok, so….which is a serious crime and which is not? DWT Should Be as Socially Unacceptable as DUI Halifax, Nova Scotia.  July 12  – DRIVING while intoxicated has become such a social taboo that most people recognize the acronym DUI (driving under the influence) used by police and [...

New Federal Traffic Cops

Posted on July 16, 2009
Traffic Enforcement Initiative Planned for Wednesday Erie, PA.  July 13  –  State police will ramp up patrols of highways on Wednesday as a part of a tri-state traffic enforcement program. Pennsylvania State Police, in a joint effort with the Ohio Highway Patrol, New York State Police and U...

DUI Roadblock: 1131 Stops, 114 Tickets, 0 DUI Arrests

Posted on July 13, 2009
While MADD continues to praise the efficacy of DUI roadblocks (aka "sobriety checkpoints"), most experts have come to recognize that they are simply ineffective at apprehending drunk drivers.  See Do DUI  Roadblocks Work? and Do DUI Roadblocks Work? (Part II)...

California Supreme Court: DUI Defendant Permitted to Defend Self With Truth

Posted on July 10, 2009
I’ve expounded on this blog at great length in recent years on the unreliability and inaccuracy of the various machines used to measure the breath of citizens accused of drunk driving.  See for example,  "Trial by Machine "– But How Good Are the Machines?...

Drunk Driving Entrapment

Posted on July 07, 2009
Suppose a police officer asks or orders an individual to drive a vehicle — and then arrests him for DUI when he complies? This situation comes up more often than you might think. Take, for example, the following case that eventually made its way to the New Jersey Supreme Court…...

Fast-Food Dragnet Fails

Posted on June 29, 2009
A few days ago I posted about the latest police tactic: stationing cops in fast-food drive-thrus and nabbing drivers if they appeared to have DUI symptoms.  See Burger With Fries…and Field Sobriety Tests.   So how has that brilliant scheme worked out? Plan To Get Drunks at Drive-Thrus Falls Flat Tucson, AZ  –  A plan by the Pima County Sheriff’s Department [...

Driving While Intoxicated vs Driving While Texting

Posted on June 25, 2009
Which is more dangerous to human life: driving  under the influence of alcohol — or driving while texting?  Texting Could Be More Dangerous Than Drunken Driving June 25 –This morning, NBC’s “Today” show featured a story on how driving while texting could be more dangerous than driving while under the influence of alcohol...

DUI ?Scarlet Letter? License Plates Another Bust

Posted on June 19, 2009
I’ve railed long and hard in the past about the growing trend of humiliating citizens convicted of drunk driving by forcing them to have special license plates on their cars (no matter who is driving).  See, for example, The Scarlet Letters, The Return of the Scarlet Letter, and Washington State Says "No" to DUI Scarlet Letter ...

Burger With Fries?and Field Sobriety Tests

Posted on June 15, 2009
Want to know where we’re going with MADD’s hysterical "war on drunk driving"?  DUI Deputies May Be Posted in Drive-Thrus Tucson, AZ.  June 14  –  Drunken drivers with the late-night munchies soon could get more than just a burger and fries at the drive-through window...

Signs of Reason

Posted on June 10, 2009
For years I’ve been preaching that the focus of the so-called "war on drunk driving" should be on the problem drinker — the alcoholic with prior convictions and/or very high blood-alcohol levels — rather than on the far more commonly arrested social drinker...

Another ?DUI Exception to the Constitution?: Double Jeopardy

Posted on June 08, 2009
When a person is arrested for DUI, his driver’s license is confiscated by the arresting officer and he is given a notice of "administrative suspension". He is also given a citation to appear in court to face criminal drunk driving charges...

Pre-Written DUI Police Reports

Posted on June 01, 2009
I’ve commented in past posts that it is becoming an increasingly common practice for police officers to simply use form or template arrest reports in drunk driving cases — what I have referred to in my books as "xeroxed" reports.  See Police Using Pre-Written DUI Reports...

?Close Enough for Government Work?

Posted on May 22, 2009
With more than a little federal coercion, all states have now passed laws lowering the blood-alcohol level to .08%. And most people suspected of violating the law are given breath tests to determine the level of alcohol in their blood...

High Breathalyzer Readings?.from Dieting

Posted on May 19, 2009
I’ve written in the past about how most so-called "breathalyzers" do not measure alcohol:  they actually measure the presence of the methyl group in chemical compounds.  One of those compounds is ethyl alcohol (aka ethanol), and the machine simply assumes that the detected compound is ethyl alcohol...

Investigative Reporter Exposes DUI Attorney Practices

Posted on May 15, 2009
The May 2009 issue of California Lawyer magazine, circulated to all attorneys in the state, has just been published — featuring the cover article "The DUI Defense Bar".  Investigative reporter Tom McNichol takes a hard (and long-overdue) look at the good, the bad and the ugly among drunk driving laws and lawyers...

MADD Chief?s Nomination Withdrawn

Posted on May 13, 2009
As I’ve mentioned in earlier posts, Chuck Hurley, the CEO of Mothers Against Drunk Driving, was nominated by President Obama to head the National Highway Traffic Administration.  See Ex-CEO of MADD to Set Vehicle Safety Standards.  And, along with other MADD objectives, part of Hurley’s agenda inevitably would be to require ignition interlock devices as standard [...

?The Politics of Modern Prohibition?

Posted on May 08, 2009
Recently, it seems that there has been an increasing willingness of the media willing to reject political correctness and MADD’s hysteria, instead adopting a more objective and reasoned approach to the question of traffic safety… Our View:  The Politics of Modern Prohibition Colorado Springs, CO...

Legislator Immunity From DUI Challenged

Posted on May 06, 2009
A few weeks ago, based upon a tip from a reader I posted about an item in the Denver Police Department Operation Manual which essentially instructed officers not to arrest state legislators for drunk driving.  See Legislators Vote Themselves Exempt From DUI Arrrest...

State Supreme Court Orders Breathalyzer Secrets Exposed

Posted on May 04, 2009
If you are arrested for drunk driving, you’ll probably be charged with two crimes.  The first is DUI – "driving "under the influence" (sometimes called DWI – "driving while impaired").  If the reading from a breath test is ...

Drunk Riding

Posted on May 02, 2009
In today’s stop-the-world-I-want-to-get-off department: Cowboy Ticketed for ‘Riding Under the Influence’ Arvada, CO.  May 1  –  A man in a cowboy hat who rode a horse through a Denver suburb has been cited for riding an animal under the influence… Police say deciding what to do with the horse was a "tricky call" because "you can tow a [...

Reaction to CEO of MADD Heading Federal Agency

Posted on April 28, 2009
I posted a few days ago about the recent appointment of Chuck Hurley, the CEO of Mothers Against Drunk Driving, as head of the National Highway Traffic Safety Administration.  See Ex-CEO of MADD to Set Vehicle Safety Standards.  One inevitable consequence:  You can expect ignition interlock devices (mini-breathalyzers) installed as standard equipment in all vehicles in [...

Does Marijuana Affect Driving Ability?

Posted on April 23, 2009
It is against the law to drive while under the influence of marijuana. It has always been assumed that cannabis, like alcohol, impairs the perception, coordination, reflexes and judgment necessary for the safe operation of a motor vehicle. And, of course, there have been governmental studies addressing the question: Does marijuana impair driving? Interestingly, however, the [...

Ex-CEO of MADD to Set Vehicle Safety Standards

Posted on April 18, 2009
I commented a few days ago that Chuck Hurley, the CEO of Mothers Against Drunk Driving, had been appointed to head the National Highway Traffic Safety Administration — the federal agency that, among other things, sets safety standards for auto manufacturers...

Who Will Guard the Guardians?

Posted on April 16, 2009
In today’s "Physician, heal thyself" department, a look at drunk gun-toting cops: Alcohol a Growing Problem in the L.A. County Sheriff’s Department, Report Says Liquor-related arrests of department employees have nearly tripled since 2004, watchdog agency finds...

New Bill Presumes Innocence in DUI Cases?Expected to Fail

Posted on April 12, 2009
I’ve posted ad nauseum about the disappearance of our Constitutional rights in drunk driving cases.  See The DUI Exception to the Constitution.  One of the more notable examples is the disappearance of the presumption of innocence...

Ignition Interlocks Coming?as Standard Equipment

Posted on April 09, 2009
I’ve commented in the past about MADD’s love affair with ignition interlock devices (IIDs) — what the National President of MADD has characterized as the way to "literally wipe out drunk driving in the United States"...

Public Reacts to Police Blood Draws

Posted on April 06, 2009
I’ve posted in the recent past about the growing practice of allowing police to forcefully draw blood themselves from citizens suspected of drunk driving.  See  Blood Draws in the Back Seat by the Dashboard Light,  Forced Blood Draws by Cops Spreading , Would You Want a Cop Taking Blood from You? and Forced Blood Draws: Citizen Backlash? Despite the [...

Professional Courtesy

Posted on April 02, 2009
What would happen if you were arrested for drunk driving?  What if you were arrested for DUI after crashing your car – twice the same day?  A long stretch in the local jail?  Not if you’re a prosecutor… Calif...

Another Drunk Driving Conviction ? With No Driving

Posted on March 27, 2009
Yesterday I posted about a Minnesota appellate court’s mind-boggling ruling that driving was not required to be arrested and convicted of drunk driving.  For those who think this was an isolated moment of judicial insanity, consider the latest wisdom from the appellate bench: State’s Highest Court Rules In Drunken Driving Case Hartford, CT...

Convicted of Drunk Driving?Without Driving

Posted on March 26, 2009
Want to know how crazy things have gotten?   Minnesota Court: You Needn’t Be Driving to Be Guilty of DWI Appeals court upholds conviction of man found passed out in parked car.  Minneapolis, MN.  Mar. 24 – Daryl Fleck was drunk and asleep in his car in the parking lot of his Crookston apartment building when someone called police...

The Scarlet Letters: DUI

Posted on March 21, 2009
If there is any doubt about there being a "DUI double standard", one need only look at the widespread use of public humiliation in drunk driving cases (urged on by MADD).  See my past posts The Scarlet Letters, The Scarlet Letter – Version 2, The Return of the Scarlet Letter, More MADDness and Washington Says [...

?DUI SuperCops? To Be Monitored

Posted on March 20, 2009
The "DUI SuperCop" phenomenon is getting so bad in Chicago that the Illinois Attorney General is stepping in and requiring the top "DUI-busters" to have their police cars equipped with videotaping equipment to justify their arrests. Prosecutor Says Top DUI Cops Need Squad-Car Cameras Lawrence X...

Another ?DUI SuperCop? Caught Framing Innocent Citizens

Posted on March 16, 2009
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...

.02% Blood-Alcohol = 25 Years to Life in Prison?

Posted on March 09, 2009
As with our Constitution, so have our laws become increasingly malleable when it comes to drunk driving.  In keeping with MADD’s neo-prohibitionist agenda, it seems even the mere presence of alcohol is now enough… La Porte Parolee Charged in Head-On Fatal Collision Houston, TX...

Legislators Vote Themselves Exempt From DUI Arrest

Posted on March 06, 2009
We all know there’s a double standard in MADD’s "War on Drunk Driving" when it comes to cops, prosecutors and judges.  See, for example, my post "Do As I Say, Not As I Do".   But it’s always been an under-the-table policy — not an actual law...

Forced Blood Draws: Citizen Backlash?

Posted on March 04, 2009

3rd Chicago ?DUI SuperCop?

Posted on February 27, 2009

More ?DUI Super Cops??And More Innocent Victims

Posted on February 23, 2009
As I’ve documented in past posts, MADD’s "War on Drunk Driving" has been instrumental in the gradual erosion of our Constitution.  See The DUI Exception to the Constitution.  But the hysteria has created other problems as well...

Drunk Cop Kills Woman, Cops Arrest Scapegoat

Posted on February 22, 2009
This one pretty much speaks for itself, too: Victim’s Family: Wrong man Charged Lake County, CA.  Feb. 19  –  It’s very unusual in a manslaughter case for a victim’s family to speak out for the defendant. But that’s what’s happening in the fatal boat crash case in Clear Lake… Lynn Thornton died after a horrible boat crash in [...

Driving + Trace of Marijuana = DUI

Posted on February 21, 2009
In the This-Is-Getting-Ridiculous department: Blood Test for Marijuana Unreliable for DUI Penalty Lexington, KY.  Jan. 17  - Once again, a bill that seeks to punish prior use of a controlled substance with an automatic DUI conviction is before the Kentucky legislature...

The ?War on Drunk Driving? Marches On?

Posted on February 17, 2009
In the no-comment-necessary department…. Man Charged With Drunk Driving on a Bicycle Warwick, RI.  Feb. 16  -  Police have charged a man on a bicycle with driving under the influence. Police said Gary Merritt, 49, was riding his blue Roadmaster bicycle on Sunday in the middle of the travel lane at the intersection of Warwick Avenue and Airport [...

?Trial by Machine??.But How Good Are the Machines?

Posted on February 15, 2009
All states now have two drunk driving laws: (1) driving under the influence of alcohol (aka “DUI”, with local variations, such as “driving while intoxicated” or “DWI”), and (2) the so-called per se law of driving with ...

Blood Test Error Nearly Sends Man to Prison

Posted on February 09, 2009
I’ve posted in the past about various problems, such as fermentation and coagulation, in analyzing human blood samples for alcohol content.   But human error in the lab is just as insidious.  I mentioned in an earlier post one of my firm’s cases in which we had our client’s blood sample analyzed for DNA — which proved that the blood tested was not [...

Ignition Interlocks: Is the Media Finally Getting It?

Posted on February 05, 2009
As most of you know, MADD has focused on ignition interlock devices (IIDs) as the answer to the drunk driving problem in America.  The organization has even widely trumpted the device as the way to "literally wipe out drunk driving in the United States"...

When Judges Protect Their Own

Posted on February 02, 2009
I’ve posted stories over the past week about what happens to cops, prosecutors and judges when they’re arrested for drunk driving — or, more accurately, what doesn’t happen.  Following is yet another example of the prevalent DUI double standard: Plenty of Blame to Go Around in Tarrant Judge’s DWI Case Dallas, TX...

?Do as I Say?Not as I Do? (cont?d)

Posted on January 28, 2009
In my last post, I presented three news articles from the previous three days reflecting the double standard in  how cops, prosecutors and judges are treated when they are caught driving drunk.  In the judge’s case, despite aggravating facts she avoided any jail time…But surely she’ll be removed from sitting on the bench, right? Secret Discipline of $150,000-a-year DUI [...

?Do as I Say?Not as I Do?

Posted on January 24, 2009
What happens when cops, prosecutors and judges get busted for drunk driving?  A sampler from the past 3 days’ news… Officer Not Charged with DUI Pekin, IL.  Jan. 23 – A Pekin police officer arrested for DUI on Dec. 19 will not be charged with DUI because of a lack of evidence...

Are They Finally Getting It?

Posted on January 23, 2009
As readers of this blog are aware, one of my biggest peeves is the demonstrated unreliability of breathlyzers which largely determine an accused citizen’s guilt or innocence….and of the continuing refusal of manufacturers to let the defense or prosecution inspect the critical software – even to the point of ignoring lawful court orders...

Driving Under the Influence of?Ice Cream?

Posted on January 21, 2009
I’ve posted repeatedly in the past about the multitude of problems with breath-alcohol machines – including the disturbing fact that they are non-specific for ethyl alcohol.  In fact, they don’t actually measure alcohol, but rather the presence of the methyl group in the compound...

Breathalyzer Manufacturer Avoids Court Order

Posted on January 19, 2009
I’ve often reported of the ongoing struggle of defense attorneys across the country to get breathalyzer  manufacturers to disclose the secret software that runs their various breath testing machines.  Unreliable or inaccurate software code will produce inaccurate blood-alcohol results — and the conviction of innocent citizens...

Justice vs Profits?.revisited

Posted on January 15, 2009
In my last post, I indicated that the Arizona Judge reversed her earlier ruling that the manufacturer of the breath machine used in that state, CMI, Inc., had to turn over the software for inspection by the defense.  The reversal was based upon the fact that CMI was headquartered in Kentucky, and since they did not [...

Presumed Guilt Continues in DUI Cases

Posted on January 15, 2009
In this country, we have certain constitutional protections.  One of the most important of these is the presumption of innocence.  But as I’ve posted repeatedly in the past, this no longer exists in drunk driving cases.  See, for example, Whatever Happened to the Presumption of Innocence? and If You Can’t Prove It, Make the Defendant Disprove It...

Justice vs Profits: Guess Which Wins?Again?

Posted on January 13, 2009
Guilt or innocence in a drunk driving case commonly hinges on the breath test — and on the accuracy and reliability of the breath machine.  I’ve written ad nauseum in the past about the demonstrated lack of both — and on the success of manufacturers in keeping the inner workings of their machines secret...

Trial by Machine

Posted on January 08, 2009
I’ve posted extensively over past years about the continuing disintigration of the United States Constitution when it comes the the politically-sensitive field of drunk driving.  See, for example, The DUI Exception to the Constitution and Who Cares About DUI?...

DUI Murder?

Posted on January 07, 2009
In recent years it has become increasingly fashionable and politically advantageous to adopt MADD’s "War on Drunk Driving" — to ratchet up the Draconian penalties while at the same time gradually eliminating inconvenient laws and constitutional safeguards...

Who Judges the Judges?

Posted on January 05, 2009
So you got arrested for drunk driving — after crashing into a parked police car, injuring the cop, making racist remarks to him, and then blowing .16% on the breathalyzer.    So you’re looking at, what…60 days in jail?  120 days?  Maybe felony drunk driving? Not if you’re a judge…...

Which Are More Important: Breathalyzers or Slot Machines?

Posted on December 29, 2008
I’m not sure if this is a sad commentary on our criminal justice system or on the values of society generally, but…the following is from a recent Washington Post comparison of Las Vegas slot machines and electronic voting machines.  I’ve taken the liberty of substituting breathalyzers for voting machines: SOFTWARE SLOT MACHINES:  State of Nevada has access to [...

The Brazilian Experience

Posted on December 26, 2008
As I’ve mentioned repeatedly in past posts, simply creating harsher drunk driving laws and penalties and increasing enforcement has not proven effective.  The simple fact is that despite MADD’s hysterical "War on Drunk Driving", the DUI-related fatality statistics have remained unchanged over the past dozen years...

Growing DUI Trend: Cops Armed with Gun, Club?and Needle

Posted on December 18, 2008
I’ve posted in the past about the emergence in Texas and Utah of a new practice in drunk driving law enforcement: bypassing a licensed blood technician and letting the cop draw the blood himself — on the highway.  See Blood Draws in the Back Seat by the Dashboard Light, Would You Want a Cop Taking Blood from [...

Here Come the Feds (cont?d): Marines at DUI Roadblocks

Posted on December 16, 2008
I’ve posted in the past about the increasing federalization of drunk driving laws and law enforcement procedures.  See Here Come the Feds and The Future of DUI.  But even I wasn’t ready for the latest development… The U...

DUI Roadblocks: Is the Public Finally Starting to Get It?

Posted on December 12, 2008
For years, MADD has loudly and widely extolled the virtues of "sobriety checkpoints" – despite clear evidence to the contrary.   See, e.g., my posts Do Roadblocks Work?, Do Roadblocks Work? (Part II), and DUI Logic: Roadblocks Effective Because They’re Ineffective...

Another ?Successful? DUI Roadblock: 3000 Drivers Stopped, 0 DUIs

Posted on December 09, 2008
I’ve railed long and hard in past posts about the unconstitutionality of DUI roadblocks ("sobriety checkpoints") — as well as about their ineffectiveness and growing abuse.  See, e.g., Do Roadblocks Work?, Do Roadblocks Work? (Part II), DUI Logic: Roadblocks Effective Because They’re Ineffective, Police Using DUI Roadblocks Illegally, Purpose of DUI Roadblocks: "Shock and Awe" and DUI [...

Yes: Ohio Bars Defendants from Challenging Breathalyzers

Posted on December 04, 2008
I’ve received a lot of email from readers who think there was some misunderstanding at the end of my last post, that it could not possibly be true: It looks like Ohio is asking themselves the same question I’ve been asking:  "What are they hiding?"...

Ohio Rejects Popular Breathalyzer: Accuracy Challenged

Posted on December 02, 2008
As readers here know, I’ve posted extensively in recent months about the need to know the secret software controlling various breath-testing machines – and the growing number of courts across the country that are ordering the manufacturers to divulge this critical information...

Here Come the Feds?

Posted on November 28, 2008
As everyone knows, in our federal system of government most laws are enacted and enforced by the individual states.  Burglary, murder, rape, larceny — all are defined, enforced and prosecuted by the state or local governments.  Until recently… The laws, evidence and procedures concerning drunk driving are increasingly coming under the control of the federal government...

Latest Weapon: Scare Kids with Fake DUI Arrests

Posted on November 22, 2008
A few months ago I posted about a staged scene designed by MADD in which police officers came to a high school and falsely told students in 20 classrooms that one of their classmates had been killed in a drunk driving accident...

Truth and Justice in the ?War on Drunk Driving?

Posted on November 18, 2008
As any experienced criminal attorney knows, truth, justice and fairness can be rare commodities in our courts when dealing with a drunk driving offense. This has become such a common phenomena that it has acquired a label: "The DUI exception to the Constitution"...

The DUI Double Standard

Posted on November 13, 2008
So what happens when a cop stops a driver for DUI — and the driver’s a cop?  Deputy, Officer Argue Over DUI Stop Ponce cop heard trying to help county sergeant Ponce Inlet, FL.  Nov. 8  –   A Ponce Inlet police officer who pulled over an off-duty Volusia County sheriff’s deputy on suspicion of drunken driving [...

Breathalayzer Manufacturer Thumbs Nose at Courts

Posted on November 10, 2008
Last week I mentioned how manufacturers across the country were refusing to turn over the critical software code in their breath-testing machines.  See What Are Breathalyzer Manufacturers Hiding?  Just how far are they willing to go to keep us from looking inside these secret black boxes that determine guilt or innocence?  A follow-up story in today’s [...

Why Do Police Refuse to Use Videotapes?

Posted on November 07, 2008
Some police agencies around the country use videotapes as part of their drunk driving investigations.  The vast majority, however, do not — despite their low cost, ease of use and invaluable evidence as to driving patterns, physical symptoms, slurred speech, poor balance, incriminating statements and performance on "field sobriety tests"...

News From the Front?

Posted on November 04, 2008
Well, I’ve posted on drunk driving arrests involving horses, lawn mowers, wheelchairs, walking a bicycle – even playing with a foot-high toy bike, so maybe this will come as no surprise…. Zamboni Driver Charged with Drunk Driving Kingsville, Ont...

What Are Breathalyzer Manufacturers Hiding?

Posted on November 02, 2008
I’ve posted repeatedly in the past about the continuing refusal of the manufacturers of various breath-testing machines to devulge the secret software used to run them.  The readings of these devices are, of course, critical:  tens of thousands of citizens continue to be accused and convicted based based upon them...

Secret Memo: DMV License Suspension Hearings Rigged

Posted on October 28, 2008
Imagine the Presiding Judge of a courthouse telling the other judges, "There have been too many acquittals lately.  I’ve reviewed them and disagree with most of your ’not guilty’ verdicts.  All future acquittals will be submitted to me for review, and if I disagree with them you will be counselled and your fitness to continue serving as [...

Falsifications of Breathalyzer Records Continue

Posted on October 25, 2008
A few days ago I posted about a state breathalyzer inspector who was "fixing" machines in Miami-Dade County by simply deleting evidence of malfunctions. The Florida Department of Law Enforcement fired her — but not until after she had cast doubt on as many as 10,000 DUI convictions ...

?Black-and-White Fever?

Posted on October 22, 2008
Experienced traffic patrol officers are familiar with a phenomenon which is sometimes referred to as “black-and-white fever”. That phenomenon is simply the normal reaction of most drivers to being followed by a marked police car (painted black and white in many jurisdictions)...

How to Prove Breathalayzer Accuracy: Falsify the Records

Posted on October 17, 2008
One way to make sure that there is no evidence of a breath machine’s inaccuracy and unreliability is to simply make sure there is no record of its false results and failures…even if it means innocent people are convicted.  The main thing is to maintain faith in these devices, right? Fudged Breathalyzer Tests Questions DUI Arrests Inspector Turned Machines [...

Why Do Police Destroy DUI Evidence?

Posted on October 13, 2008
As we all know from watching TV, the police are always very careful to preserve the evidence in criminal investigations. Except in DUI investigations. What is the single most important piece of evidence in most drunk driving cases? The Breathalyzer test...

How to Convict a Drunk Driver of Murder

Posted on October 09, 2008
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...

The Disappearing Right to Jury Trial?in DUI Cases

Posted on October 04, 2008
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…...

Police Roadblocks in the New America

Posted on September 30, 2008
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...

DUI?or Anemic?

Posted on September 26, 2008
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”); ineffective calibration and maintenance of the machines; improper administration of the test; radio frequncy [...

Do DUI Laws Discriminate Against Women?

Posted on September 22, 2008
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, Italy, found [...

Perspectives and Priorities

Posted on September 19, 2008
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 risk than those who drive drunk, a British study released Thursday finds...

Who Cares About Drunks?

Posted on September 17, 2008
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 erosion of constitutional rights in DUI cases...

Judge Orders Secrets of Breath Machine Revealed

Posted on September 13, 2008
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 written software will result in erroneous test results — and thousands of citizens wrongfully convicted [...

Immaculate Intoxication

Posted on September 11, 2008
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...

Ready-Made DUI Arrest Reports

Posted on September 05, 2008
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 names, dates, etc...

Blood Draws in the Back Seat by the Dashboard Light

Posted on August 30, 2008
A few years ago, citizens suspected of DUI were given a choice to submit to either breath, blood or urine testing for alcohol concentration.  In the hysteria of MADD’s "War on Drunk Driving", however, things have changed.  Today, citizens (supposedly presumed innocent) are being told they must submit to a blood test — and, if they refuse, are being [...

You Knew It Would Happen?

Posted on August 28, 2008
Well, I suppose it was a logical inevitability.  Mothers Against Drunk Driving has pressured legislators into passing Draconian laws, intimidated judges into ignoring due process, and now….. MADD Volunteers Hit Road for DUI Enforcement Pilot Program Launches Labor Day Weekend in Florida Manatee County, Fla...

Alcoholics and Breathalyzers

Posted on August 26, 2008
It may not surprise you to find out that alcoholics arrested for DUI will generally have higher blood-alcohol readings. It may surprise you, however, to learn that individuals having the disease of alcoholism will generally have higher blood-alcohol readings because they are alcoholics…...

Why Is MADD Pushing Ignition Interlock Devices?

Posted on August 20, 2008
As has been widely reported in the nation’s media, Mothers Against Drunk Driving has been aggressively pushing state and federal legislators to require ignition interlock devices (IIDs) to be installed in vehicles.  MADD’s President has even publicly stated that IIDs will "eliminate drunk driving once and for all"...

The Drinking Age Debate: MADD vs College Deans

Posted on August 19, 2008
The debate over the minimum drinking age has continued for decades, with the recent focus being on whether it makes sense to send American youth to fight and perhaps die in foreign countries – but not to drink alcohol.  Our generals have expressed strong views on the subject...

Ignition Interlock Devices: The View from the Prosecution

Posted on August 18, 2008
I’ve railed in past posts about the ineffectiveness of ignition interlock devices (IIDs).  See The Truth About Ignition Interlock Devices.  This latest sure-fire weapon, which MADD loudly claims will "eliminate drunk driving once and for all", is currently sweeping the country...

Another Life Sentence for Drunk Driving

Posted on August 14, 2008
So what do you do with someone who has the genetic disease of alcoholism – and continues to drink and drive?  Get him treatment for his disease?  Or maybe you throw him in prison for the rest of his life…. Wichita County Man Gets Life Sentence for 10th DWI Wichita Falls, TX...

The Slow Death of the Fourth Amendment

Posted on August 12, 2008
The Fourth Amendment to the United States Constitution protects American citizens from being subjected to police intrusions without "probable cause".  The Michigan Supreme Court held that DUI roadblocks violated this constitutional protection...

DUI Logic

Posted on August 07, 2008
For those of you unfamiliar with the logic of The War on Drunk Driving, consider the following story from yesterday’s news… Recent DUI Checkpoint A Success Pittsburgh, PA.  Aug. 6  -  The final statistics have been assessed from a recent sobriety checkpoint conducted by the West Hills Task Force in Stowe Township...

?Slurred Speech?

Posted on August 06, 2008
As with the odor of alcohol on the breath, few police reports will fail to include an observation by the arresting officer that the arrestee exhibited “slurred speech”. (See my earlier post, “Alcohol on the Breath: Evidence of DUI?”)...

DUI Logic: Roadblocks Effective Because They?re Ineffective

Posted on August 01, 2008
Ok, so DUI roadblocks (aka "sobriety checkpoints") are a violation of the 4th Amendment.  But the Supreme Court found a "DUI exception", ruling that although it is a violation of our rights, it is only a "minor intrusion" which is "outweighed" by government’s interest in identifying and arresting dangerous drivers...

Drunk Driving ? Without Driving

Posted on July 28, 2008
I’ve posted in the past about the ludicrous extent law enforcement and the courts will go to get drunk driving convictions — even where the accused was not driving.  See, for example, Parking Under the Influence and Pulling Over and Sleeping It Off: Still a DUI?...

Drunk Biking

Posted on July 25, 2008
Latest news from MADD’s War on Drunk Driving… Macon Man Charged with DUI After Falling Off Bicycle Macon, GA.  July 24  -  A 38-year-old Macon man was charged with DUI after an officer spotted him weaving as he rode a 5-speed boys’ bicycle on Jeffersonville Road, according to the Macon police… The officer smelled alcohol on (Clifton) Taylor’s [...

Judges Told They Have ?Different Role? in DUI Cases

Posted on July 25, 2008
Most of you out there probably thought that citizens accused of drunk driving were afforded the same constitutional rights as citizens accused of any other crime.  Included in this, presumably, is the right to have a fair and impartial judge hearing your case...

Cops Using Impounded Cars as Personal Rental Fleet

Posted on July 21, 2008
So you you were busted for drunk driving and your car was taken by the police and impounded for 30 days. Ever wonder what’s happening to it? Missouri: Police Caught Driving Impounded Cars Police in St. Louis seized cars, then freely drove them for months at a time...

Cops Cheating on Breath Test Exams

Posted on July 17, 2008
In the Who-will-guard-the-guardians? department: Inspector General: Canton Troopers Cheated on Breathalyzer Exams Columbus, OH.  AP, July 17  -  An Ohio Inspector General report says state troopers assigned to the Highway Patrol’s Canton post cheated on yearly exams required for law enforcement officers who give breathalyzer tests...

Law Trumps Science?in Drunk Driving

Posted on July 16, 2008
It is an unfortunate fact that law and politics repeatedly trump science when it comes to prosecuting citizens accused of drunk driving…..   In People v. Bransford, to cite one notable example, the California Supreme Court was confronted with a defendant who was challenging his DUI conviction on the grounds that he was not permitted to offer [...

The Great Cookie Caper

Posted on July 14, 2008
I posted a few days ago about a typical "rush to judgment" in today’s hysterical drunk driving environment (Anatomy of a Lynching).  Here, the latest example – complete with initial disavowals by MADD, later reluctantly withdrawn: Man Accused of Taking Drug-Laced Cookies to Cops Fort Worth, TX...

More News from the Front?

Posted on July 11, 2008
Apparently, the MADDness isn’t limited to the U.S…. Richmond Hill Man Charged with Drunk Driving on Lawn Mower Toronto, Canada.  July 11  -  A Richmond Hill man faces a drunk driving charge after York Regional Police caught him riding a lawn mower on the sidewalk Sunday allegedly drinking a beer… Police took the opportunity to remind residents any motorized vehicle [...

The DUI Double Standard

Posted on July 07, 2008
So what happens when a cop drives drunk? Ex-Cop Charged with DUI STATE ATTORNEY GENERAL TOOK OVER CRASH CASE   San Jose, CA.  July 4  -  More than three months after San Jose police failed to test a former cop for intoxication or cite her after a serious multi-car accident, the state attorney general has charged Sandra Woodall with [...

0.00% = DUI Prosecution

Posted on July 04, 2008
According to police, prosecutors and MADD those breathalyzers are deadly accurate…unless it contradicts a cop’s opinion. Sober, and Now Outraged as Well DUI Case Was Dropped, But Driver Wants to SueBredenton, FL.  July 3  -  If there is a lucky four-digit lottery number in DUI cases, it is this: a 0...

Another Day on the Frontlines

Posted on July 01, 2008
I think the following typical news story speaks for itself: DUI Checkpoint Nets 2 Citations, No Arrests Made Costa Mesa, CA.  June 27  -  The Costa Mesa police ran a sobriety checkpoint Thursday at Santa Ana Avenue and 18th Street, citing two drivers and impounding two vehicles...

In the who-will-guard-the-guardians

Posted on June 29, 2008
In the who-will-guard-the-guardians department: Ex-Detective Gets More Jail Time in Alcohol Cases Seattle, WA.  June 27  -  A former Seattle police detective who set a breath-test record was sentenced to more than a year in jail and three months in home detention for a series of alcohol-related driving cases, two of which involved minor crashes… Last year, Jarrett [...

Breathalyzers Soon Mandatory for All Cars

Posted on June 27, 2008
I’ve written repeated posts in the past about the highly unreliable ignition interlock devices (IIDs) which have been widely publicized by MADD as the way to “eliminate drunk driving once and for all”.  See, for example, The Truth About Ignition Interlock Devices, Ignition Interlock Devices: Dangerous but Profitable and New MADD Goal: All Cars Equipped with Breathalyzers...

Anatomy of a DUI Lynching

Posted on June 25, 2008
American citizens are considered to be innocent until proven guilty – unless it involves  drunk driving, in which case a MADD-inspired hysteria takes over. Consider the following news story.. Larchmont, NY.  June 10 - Mike Mezansky, a former star Mamaroneck High School baseball player accused of driving drunk and hitting a child, said his legal problems took [...

MADD ?Statistics? Again Debunked

Posted on June 23, 2008
As I’ve posted repeatedly in the past, MADD’s prohibitionist zealots are fond of twisting statistics to justify their expansion of unfair laws, Draconian penalties and unconstitutional procedures.  See, for example, A Closer Look at DUI Fatality Statistics, MADDness and Lies, Damned Lies and MADD Statistics...

DUI Laws Overrule Scientific Truth

Posted on June 18, 2008
It is an unfortunate fact that law and politics repeatedly trump science when it comes to prosecuting citizens accused of drunk driving?..   In People v. Bransford, to cite one notable example, the California Supreme Court was confronted with a defendant who was challenging his DUI conviction on the grounds that he was not permitted to [...

MADD?s Latest Weapon: Update

Posted on June 13, 2008
My post last week concerning a California High School’s efforts with MADD to traumatize their students, drew quite a reaction from readers.  The following is an update: School Defends Drunken Driving Hoax Oceanside, CA.  AP, June 12 – School officials in Oceanside, California, are defending a scared-straight exercise that sent some El Camino High School students into hysterics...

The Unknown Variable

Posted on June 12, 2008
The single most important factor in whether an individual will be arrested for driving under the influence (DUI) is not the evidence. It is the individual human differences of the officer himself. A study by the National Highway Traffic and Safety Administration [U...

The Hidden Danger of ?One for the Road?

Posted on June 08, 2008
In previous posts, I?ve explained many of the reasons why breathalyzers are inaccurate and unreliable. See, for example, ?Breathalyzers ? and Why They Don?t Work?; ?Warning: Breathalyzer in Use?; ?Convicting the ?Average? DUI Suspect?; ?Why Breathalyzers Don?t Measure Alcohol?; ?Driving Under the Influence of? Gasoline?; ?How to Fool the Breathalyzer?...

MADD?s Latest Weapon

Posted on June 04, 2008
So where is MADD going with their “War on Drunk Driving”? El Camino Teens Face Heavy Emotions Brought About by Drunken-Driving Dramatization Oceanside, CA.  May 30 – It was an elaborate hoax, but 36 students at El Camino High pulled it off with potentially life-saving consequences...

Due Process and Automatic License Suspensions

Posted on June 03, 2008
So you got stopped last night and arrested for drunk driving. And right after the breathalyzer showed a blood-alcohol reading of .12%, the officer confiscated your driver?s license and gave you a piece of paper that said it was immediately suspended. What happened?, you ask...

How to Get Busted for DUI: Marry a DUI Lawyer

Posted on May 30, 2008
A promising new tactic in the “War on Drunk Driving”:  Go after the lawyers….or their wives. Arrested for DUI Without Drinking a Drop of Alcohol Phoenix, AZ.  May 29 – Heather Squires was the designated driver...

Breathalyzers: Accurate Beyond a Reasonable Doubt?

Posted on May 28, 2008
I?ve written repeatedly in the past about the inaccuracy and unreliability of the various breath machines used to estimate blood alcohol concentrations.  See, for example, How Breathalyzers Work (and Why They Don?t), Why Breathalyzers Don?t Measure Alcohol and Breathalyzer Inaccuracy: Testing During the Absorptive State...

?We do not want a police state?in the name of DUI?

Posted on May 27, 2008
For those who have inquired about the quote in this blog’s heading, the following is from a presiding justice?s dissenting opinion in a Pennsylvania appellate decision affirming a DUI conviction: I must vigorously dissent from the well-written opinion of the majority, as it seems we are coming perilously close to turning a blind eye to questionable [...

Judge Throws Out 49 Breath Tests

Posted on May 20, 2008
An Arizona judge threw out the breath tests in 49 drunk driving cases yesterday….because the manufacturer refuses to let the defense look into its machines.  Thank god for a few honest and gutsy judges still left….  I have posted in the past about a battle being fought in courts across the country — notably in Florida, Minnesota, New Jersey [...

First DUI = West Point Expulsion + One Year Prison

Posted on May 16, 2008
I mentioned in my previous post how new statistics show that millions of Americans admit to having driven with .08% blood-alcohol in the previous month.  As Draconian as DUI penalties have become, one would nevertheless hope that the offense would not destroy the accused’s life, at least for a first offense...

New Statistics: 9% of You Drove ?Drunk? Last Month

Posted on May 14, 2008
What do you do when literally millions of American citizens admit to violating a law on a regular basis — say, at least once a month?  How do you catch that many?  How do you build enough jails?  Or is it time to maybe take a second look at that law?     Study: 9% of Us Admit to Drunk Driving U...

DUI ? While Walking a Bicycle

Posted on May 09, 2008
I’ve posted in the past about the insanity of extending the reach of drunk driving laws in MADD’s attempted return to the glory days of Prohibition.  See, for example, Felony Bicycle DUI, DUI on a Scooter, DUI on a Foot-High Toy Bike, DUI in a Wheelchair? and DUI on a Horse?...

The Truth About Ignition Interlock Devices

Posted on May 06, 2008
For the past year now, MADD has trumpeted its latest solution to the drunk driving problem.  After 13 years of essentially unchanged DUI-related fatality statistics (they have actually increased), MADD is now promising in its recent solicitations for money (average $52 million a year) that their latest weapon will ?eliminate drunk driving once and for all?...

Of Hypocrites and DUI

Posted on May 04, 2008
Just the most recent example of the hypocrisy of MADD’s “War on Drunk Driving”…. Texas Lawmaker Who Created $3000 DUI Fine Gets a DUIAustin, TX.  May 2 — A Texas state lawmaker instrumental in the passage of legislation increasing penalties on drunk drivers was himself arrested late Wednesday for driving while intoxicated (DUI)...

Do DUI Roadblocks Work? (Part II)

Posted on April 29, 2008
As I discussed in a recent post, the fatalities statistics used by MADD and government agencies to justify DUI checkpoints are flawed. In fact, the statistics can be viewed as indicating quite the opposite. Well, all right, so checkpoints may not reduce fatalities ? but, according to MADD, they certainly result in more DUI arrests...

New MADD Strategy: Shut Down the Lawyers

Posted on April 23, 2008
The latest weapon in MADD’s “War on Drunk Driving”: Senate Measure Would Ban Lawyers from DUI Advertising Nashville, TN.  AP, April 22 – Defense attorneys would be banned from advertising their expertise with drunken driving cases under a bill advancing in the Senate...

The Sacred Breathalyzer

Posted on April 20, 2008
I’ve written repeatedly in the past about the inaccuracy and unreliability of the various breath machines used to estimate blood alcohol concentrations.  See, for example, How Breathalyzers Work (and Why They Don’t), Why Breathalyzers Don’t Measure Alcohol and Breathalyzer Inaccuracy: Testing During the Absorptive State...

The Latest DUI SuperCop?

Posted on April 16, 2008
I’ve posted repeatedly in the past about the dangers of MADD’s so-called “DUI SuperCop” awards, encouraging police to make greater numbers of arrests — legal or otherwise.  See, e.g., How to be a DUI Super Cop,  Supercops...

Are DUI Roadblocks Effective?

Posted on April 10, 2008
For many years now, MADD has focused much of its considerable manpower (over 600 chapters), resources (revenues of over $51 million a year) and political influence on the proliferation of DUI roadblocks (or, to use the politically correct phrase, ?sobriety checkpoints?)...

Law Trumps Scientific Truth in DUI Cases

Posted on April 05, 2008
It is an unfortunate fact that law and politics repeatedly trump science when it comes to prosecuting citizens accused of drunk driving?..   In People v. Bransford, to cite one notable example, the California Supreme Court was confronted with a defendant who was challenging his DUI conviction on the grounds that he was not permitted to [...

How to Overcome Scientific Facts: Pass a Law

Posted on April 02, 2008
The drunk driving laws make it a criminal offense to drive a vehicle while under the influence of alcohol (DUI) or while having a blood-alcohol concentration (BAC) of .08% or higher. It is not, however, a criminal offense to be under the influence or to have a BAC of ...

90 Teenagers Breathalyzed for Root Beer

Posted on March 31, 2008
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...

One Drink = Felony DUI

Posted on March 27, 2008
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...

N.J. Supreme Court Rules on Breathalyzer Challenges

Posted on March 20, 2008
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...

Another of MADD?s ?DUI SuperCops?

Posted on March 18, 2008
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...

Let?s Hope MADD Doesn?t See This?.

Posted on March 15, 2008
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...

Why Cops Can Only Testify to Incriminating Evidence in DUI Trials

Posted on March 15, 2008
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...

The National College for DUI Defense

Posted on March 11, 2008
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 [...

Catheter Forced Up Penis After DUI Arrest

Posted on March 05, 2008
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...

?The Federal DUI Immunity Act of 1998?

Posted on March 05, 2008
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...

?Do As I Say, Not As I Do? (redux)

Posted on March 04, 2008
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...

?Do What I Say, Not What I do?

Posted on March 03, 2008
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...

Breathing Paint Fumes = High Breath Test Results?

Posted on February 28, 2008
In ?Why Breathalyzers Don?t Measure Alcohol?, I mentioned one of the many reliability problems breath machines have: they falsely report any of thousands of chemical compounds as ?alcohol?.  Scientific studies have clearly proven this defect, a problem referred to as non-specificity...

How Good Are Cops at Detecting Intoxication?

Posted on February 25, 2008
The drunk driving case rests heavily upon the subjective opinions of the arresting officer ? the abilities of that officer to correctly assess DUI symptoms of intoxication: observations of driving, personal symptoms (slurred speech, flushed face, etc...

The Thin Blue Line Exception

Posted on February 21, 2008
Just the most recent example of the double standard applied when cops, prosecutors or judges are busted by honest officers for drunk driving: Officer Found Not Guilty of OUI Charge Northborough, MA.  Feb. 19  –  A judge has cleared a town police officer of drunken driving after throwing out his blood alcohol reading because it was taken at [...

Washington State Says ?No? to DUI Scarlet Letter

Posted on February 15, 2008
I posted yesterday about the Washington State legislature recently refusing to cave in to the Governor and others interested in resurrecting DUI roadblocks found to be illegal by the state supreme court.  In today’s news, that same legislature again balked at further insanities in the “War on Drunk Driving”...

Washington State Says ?No? to DUI Roadblocks

Posted on February 14, 2008
As many of you know, the United States Supreme Court in Michigan v. Sitz found that although sobriety checkpoints were apparent violations of the Fourth Amendment, they were only ”minor” violations.  Permitting police to stop citizens without reason to believe they had done anything wrong, Chief Justice Rehnquist said, was permissible in view of the government’s ongoing “War on Drunk [...

The Fading Right to Jury Trial

Posted on February 10, 2008
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?...

Fraudulent Crime Lab DUI Tests: Update

Posted on February 05, 2008
My last post reported on the findings of a panel of Seattle judges which concluded that the state’s crime lab responsible for breath testing had routinely engaged in ?fraudulent and scientifically unacceptable? practices that have compromised breath-test readings across Washington...

Judges: Crime Lab DUI Records ?Deceptive & Fraudulent?

Posted on January 31, 2008
In today’s I-told-you-so department: Judges Reject DUI Breath-Test Results Seattle, Jan. 31  –  In a ruling that could affect thousands of cases, a panel of King County judges said Wednesday that the state’s toxicology lab engaged in “fraudulent and scientifically unacceptable” practices that have compromised breath-test readings used to prosecute suspected drunken drivers… In its blistering 29-page ruling, the [...

DUI Double Jeopardy and Multiple Punishment

Posted on January 30, 2008
When a person is arrested for DUI, his driver?s license is confiscated by the arresting officer and he is given a notice of ?administrative suspension?. He is also given a citation to appear in court to face criminal drunk driving charges. These are usually two very different procedures: (1) the administrative suspension for driving with blood-alcohol [...

When is a Refusal Not a Refusal?

Posted on January 29, 2008
When a DUI suspect is arrested, he is asked to submit to a blood, breath or urine test. If he refuses, his license will be suspended ? for a considerably longer time than if a test had shown .08% or higher. In addition, many states impose an increased penalty in the criminal phase, usually a [...

Breathalyzers Don?t Measure Alcohol

Posted on January 26, 2008
That?s right.  What these machines actually detect and measure is any chemical compund that contains the methyl group in its molecular structure. There are thousands of such compounds ? including quite a few which can be found on the human breath...

Breathalyzer Results Depend on Body Temperature

Posted on January 24, 2008
As I have said in earlier posts, law enforcement investigation techniques depend largely upon the fictitious premise that all humans are physiologically identical (see ?Convicting the Average DUI Suspect?). Without that presumption, field sobriety and breath alcohol tests would not be possible...

Justice and Semantics

Posted on January 19, 2008
The latest weapon in MADD’s politically correct War on Drunk Driving: New Law Strengthens DUI Penalties San Jose, CA.  ABC News  –  Each year, an estimated 17,000 people are killed in drunk driving crashes. In October the governor signed a bill that got by-partisan support to strengthen the law against first time DUI offenders...

Today, DUI Roadblocks?Tommorrow?

Posted on January 15, 2008
My last post concerned the current efforts by the Governor of Washington to get legislation authorizing drunk driving roadblocks.  This would trump their own Supreme Court’s holding that these roadblocks  violate the state constitution’s prohibition against stopping citizens for no apparent reason...

Are DUI Roadblocks Effective?

Posted on January 09, 2008
I’ve railed in the past about the unconstitutionality of DUI roadblacks, aka “sobriety checkpoints”, as well as their ineffectiveness.  Increasingly, they are being used as revenue generators and illegal subterfuges to stop innocent citizens for unrelated matters...

Backlash?

Posted on January 08, 2008
Is the tide finally turning?  For years I’ve expected to see a backlash from the citizens of this country as politicians and judges continue to bow to MADD’s hysterical crusade against drinking (and, secondarily, drunk driving) and whittle away at the Bill of Rights and basic concepts of justice and fairness...

What Does a DUI Cost?

Posted on January 05, 2008
Did you ever wonder how much it could cost you today if you’re arrested for drunk driving?  Not necessarily guilty of drunk driving, just suspected of it?  Maybe $500?  Or $1000?… Drunk Driving Could Cost $20,000 CNBC News...

TV?s DUI SuperCops in Action

Posted on January 02, 2008
I’ve commented in the past about the emerging phenomenon of “DUI SuperCops”, and a few days ago about a new TV series starring the heroic DUI warriors of the Fresno Police Department.  Let’s look in on our new media stars…...

The Next Step: Arrest the Passengers

Posted on December 31, 2007
As I’ve pointed out in previous posts, the harsh penalties, convoluted laws and unconstitutional procedures have not lowered the alcohol-related fatality rate.  And MADD is unwilling to consider rational solutions to the problem.  So where does it go from here? Roadshow: Where DUI Enforcement is Tougher San Jose Mercury News, Dec...