Criminal Law

Commando DUI

Posted on July 13, 2009
On Saturday, July 11, Jonathan Schultz was pulled over near Rising Sun, NC for driving 69 mph in a zone marked for 50 mph. According to police, when the deputy approached, he smelled alcohol on the man’s breath. The deputy then noticed the man from Newark, Del...

Skip Being Carded

Posted on July 10, 2009
Pennsylvania is working to perfect face scanning technology to use in place of carding people when buying alcohol. The face scanning kiosk machines will be at local grocery stores and be used by customers looking to buy a bottle of wine. Using your driver’s license, the wine kiosk will use face recognition software to check if [...

NC DUI Offenders May Earn License Back

Posted on July 09, 2009
The North Carolina Senate approved a bill that would allow repeat DUI offenders with suspended driver’s licenses a chance to earn a permit back. If the bill is passed, people convicted of habitual impaired driving will be able to ask the Division of Motor Vehicles to be reinstated if they have had a clean criminal and [...

Cell Phone to Call Lawyer is a Right

Posted on July 08, 2009
On Monday, July 7, a judge acquitted a man on DUI charges because police denied the suspect the right to call a DUI lawyer on his cell phone. According to Ontario Court Justice Randall Lalande, Harvey Whidden’s constitutional rights were violated when he was pulled over on June 13, 2008...

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Celebrating Freedoms

Posted on July 03, 2009
This weekend is one of celebration as friends and family gather to enjoy fireworks, food and fun. Utahans will be celebrating the holiday like many other people, but the citizens of the state have a little more to be joyful over this year. Forty years ago, the state passed a private club law, requiring people to [...

Happy Safe Fourth of July

Posted on July 02, 2009
Total DUI just wants to wish everyone a happy and safe 4th of July! I hope that the weekend weather forecast is shaping up for everyone, and you are all excited about spending a long (for some) weekend away from the office. The Fourth is about celebrating with family, friends, food, fireworks and maybe a little [...

Gallo ?Bleaked Out? Before Crash Killing Angels? Rookie

Posted on June 29, 2009
Transcripts were released on Friday, June 26, detailing what happened before, during and after a DUI accident that took the life of Los Angeles Angels pitcher Nick Adenhart. The 200 page report is the first to give the details about what happened on April 9th, when Andrew Gallo crashed into a car, killing three people...

Long Island Iced Teas To Go

Posted on June 25, 2009
On the morning of June 24, University of Louisiana at Monroe Police pulled over Michele Joseph Jr. for crossing traffic lines while driving and because the rear registration lamps weren’t lit on the vehicle he was driving. When the officer approached Joseph, 28, smelled like alcohol and had slurred speech...

Official Passes out in Meeting with Whiskey Bottle

Posted on June 24, 2009
Many of us dread work meetings and may need a little pick-me-up to help get us through like a soda or afternoon coffee. For the most part, the meeting is over in an hour or two and we move on about our day. That was not the case for one Lehigh Valley, Pa...

Tougher DWI Laws Proposed on Breathalyzer Refusal

Posted on June 22, 2009
According to Louisiana DWI laws, refusing a breathalyzer test can help drunk drivers avoid DUI penalties, so state Rep. Tim Burns, R-Mandeville, is looking to pass stricter DWI laws in Louisiana to combat this problem. If a person refuses a breathalyzer today, he or she may face a 180 day driver’s license suspension...

Cleveland Browns Player Faces Jail Time

Posted on June 17, 2009
Donte Stallworth, wide receiver for the Cleveland Browns, plead guilty to DUI manslaughter today for a drinking and driving incident that resulted in him striking and killing a pedestrian. The plea deal, which was just accpeted by Miami-Dade Circuit Judge Dennis Murphy, orders Stallworth to spend 30 days in jail for the death of Mario Reyes...

Football and Beer May Not Go Together in Texas

Posted on June 15, 2009
Early on Monday, June 7, the general manager of the Dallas Cowboys new stadium was arrested after allegedly failing a field sobriety test. Jack Hill was found a few blocks from the stadium when he was involved in a minor collision. The DUI arrest was a few hours after  a George Strait concert, the stadium’s inaugural [...

Man Drives Under the Influence? to the Police Station

Posted on May 15, 2009
A Pennsylvania man was charged with two DUIs in three hours. The second one after he drove to the police station. To get the prescription drugs police confiscated from his car during the first DUI. Police pulled over the 26-year-old Pittsburgh-area man at around 8:30 p...

Winemakers Lobby Congress over Taxes

Posted on May 14, 2009
California winemakers and Washington lawmakers are facing off this week over a proposed hike in alcohol tax. Congress hopes to fund the forthcoming health care reforms by increasing the so-called “sin taxes,” including taxes from the sale of alcohol and cigarettes...

DUI Dropped over Electronic Ticket

Posted on May 13, 2009
A Maryland judge dismissed a drunken driving case this week over the electronic citation issued by the State Police. It is believed to be the first ruling of its kind in the state, which starting using the e-citations in March, 2008. Raphael J. Santini, the DUI lawyer in the case, argued Monday that the citation violated his [...

California Man Suspected of DUI in Car-Train Collision

Posted on May 12, 2009
Here’s a sign you may be driving under the influence: You drive your car off a cliff, leave it on the train track, and watch it get hit by a train. That’s what police suspect happened after a Union Pacific cargo-line train collided with a car outside of King City, Calif...

Checkpoint in Vista, Calif. Results in nearly 30 Arrests and Citations

Posted on May 11, 2009
Police officers in Vista, Calif. set up a checkpoint for drivers last weekend - and they really laid down the law. According to the North County Times, four DUI arrests were made at the checkpoint, and 25 citations were issued for various offenses. Among the crimes cited were marijuana possession, driving without a license, child seat [...

Officers Arrested for Altering DWI Charges

Posted on March 31, 2009
ABC 11 in North Carolina reported that six police officers were arrested on charges related to changing DWI records and charges. Each of the officers faces multiple felony charges. One officer is facing 65 felong counts! So what does this...

Officers Arrested for Altering DWI Charges

Posted on March 31, 2009
ABC 11 in North Carolina reported that six police officers were arrested on charges related to changing DWI records and charges. Each of the officers faces multiple felony charges. One officer is facing 65 felong counts! So what does this mean for your DUI trial? It means that there may be challenge to the evidence in your DUI case...

DUI Repeat Offenders: A DUI Arrest Every Day

Posted on March 27, 2009
Some people are slow learners. Cases in point: This week we have two examples of people being arrested for DUI on consecutive days. In Brownsville, Texas a man ran a vehicle off the road at 2 a.m. on a Tuesday....

DUI Repeat Offenders: A DUI Arrest Every Day

Posted on March 27, 2009
Some people are slow learners. Cases in point: This week we have two examples of people being arrested for DUI on consecutive days. In Brownsville, Texas a man ran  a vehicle off the road at 2 a.m. on a Tuesday. He was arrested, charged with DUI and released about 11:20 a...

Drunk but Not Driving DUI Arrest

Posted on March 24, 2009
We've mentioned many times that you can get a DUI in vehicles other than cars. This includes drunk driving of snow mobiles, scooters, riding lawnmowers, etc. But, could be arrested for DUI even if you aren't driving. How's that? The...

Drunk but Not Driving DUI Arrest

Posted on March 24, 2009
We’ve mentioned many times that you can get a DUI in vehicles other than cars. This includes drunk driving of snow mobiles, scooters, riding lawnmowers, etc. But, could be arrested for DUI even if you aren’t driving. How’s that? The Connecticut Supreme recently ruled in the case of a man who staretd his car in a parking lot, [...

Changes on the way for DUI Laws in Oregon and Rhode Island?

Posted on March 18, 2009
There could be some big changes in the DUI laws in Oregon and Rhode Island. The legislatures in both states are considering amdendments to the current laws, and, though nothing has been passed yet, you should be aware of the...

Changes on the way for DUI Laws in Oregon and Rhode Island?

Posted on March 18, 2009
There could be some big changes in the DUI laws in Oregon and Rhode Island. The legislatures in both states are considering amdendments to the current laws, and, though nothing has been passed yet, you should be aware of the potential changes. In Oregon, current DUI law makes it difficult to remove a DUI charge from your [...

You Don't Need Luck to Avoid a DUI

Posted on March 13, 2009
St. Patrick's Day is officially Tuesday, but the big celebrations will take place this weekend (See Chicago, Boston, Savannah, Ga.) As they often do for big events, many law enforcement agencies across the country are stepping up their DUI patrols....

You Don?t Need Luck to Avoid a DUI

Posted on March 13, 2009
St. Patrick’s Day is officially Tuesday, but the big celebrations will take place this weekend (See Chicago, Boston, Savannah, Ga.) As they often do for big events, many law enforcement agencies across the country are stepping up their DUI patrols...

Update: Chicago Cop Trumps Up More DUI Cases

Posted on March 11, 2009
The Chicago Sun-Times has more reports that Officer Joe Parker, formerly honored as one of the top DUI in the city, exaggerated DUI arrest reports. The paper's Web site has some great video from a 2008 arrest of Raymond Bell....

Update: Chicago Cop Trumps Up More DUI Cases

Posted on March 11, 2009
The Chicago Sun-Times has more reports that Officer Joe Parker, formerly honored as one of the top DUI in the city, exaggerated DUI arrest reports. The paper’s Web site has some great video from a 2008 arrest of Raymond Bell. The video shows Bell performing a number of field sobriety tests, including walk-and-turn test, the one-legged [...

Utah's "Quirky" DUI Laws About to Change

Posted on March 10, 2009
Utah has some of the most unique liquor laws in the country. The state required bars and pubs to operate as "clubs." They could only admit members and had to charge at least $12 a year in membership fees. Even...

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