Blog - DUI In The News
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Saturday, 20 October 2007 |
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In Florida in 2005, a judge threw out the case against a
46-year-old woman accused of operating her electric wheelchair while
under the influence of alcohol.
Judge Peyton Hyslop reasoned,
"While sitting at home in a wheelchair taking prescribed
medication, a person could be charged and convicted of DUI," said
Hyslop. "A wheelchair-bound person overindulging in alcohol at a
wedding, in a restaurant, at a professional football game or in the
sanctity of her own home would also be subject to arrest for DUI."
The ruling came on the Judge's final day as a county judge in Florida, the end of
a colorful and controversial 15 years on the bench. Defeated last fall
by a tough on crime, take no prisoners, and give no quarter former prosecutor, the Judge was often viewed as
too lenient.
The Death of Common Sense is all too real in the American Judiciary
as Judges become politicized and zealously prosecute DUIs instead of
balance the rights of Defendants against the overwhelming resources of
the State, while State prosecutors paralyzed by fear of political
retribution refuse to exercise discretion and practice a "we'd rather
try'em and lose'em than reduce them" philosophy.
This isn't an isolated incident. In Peachtree City
Georgia, golf cart drivers are regularly arrested for DUIs and the
police hold roadblocks on the golf cart paths. In North Georgia a
electric wheel chair operator with MS is charged with DUI in his wheel
chair. A friend is arrested in Athens Georgia for DUI on his
mountain bike, although the charges were later dismissed. When
did we all go crazy. We need to let prosecutors, police and judges
exercise independant discretion and not pass the buck to the jury which
is both expensive and time consuming. We could spend that money
on better things like schools.
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Wednesday, 10 October 2007 |
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The Illinios Supreme Court
remanded a case to the trial Court to determine the scientific
reliability of the Horizontal Gase Nystagmus Test or HGN test.
The HGN test pretends to determine the level of alcohol in a person's
system based on a jerking of the eyes. However, there are over 43
different factors in addition to alcohol that can cause the eyes to
jerk. The ruling puts Illinois on a short list of states where
the scientific admissibility of HGN tests
for purposes of court evidence in DUI prosecutions is undecided. A 2002
federal
court opinion recorded that 43 states have ruled on the admissibility
of HGN tests. They are not admissible in three states including
Kansas, Mississippi and
Pennsylvania. In most state including in Georgia, courts have
decided that the results of HGN tests are admissible in evidence in a
DUI trial.
The National Highway
Traffic Safety Administration Standardized Field Sobriety Training
Manual says HGN tests have a 77% reliability
rate in positively identifying drivers potentially impaired by alcohol,
making such tests the most
reliable roadside evaluations for impairment. The "walk the line"
test and "one leg stand" test are 65% and 68% reliable
respectively. Meaning that these "field evaluations" are not much
better than a coin toss.
Circumstances from head
trauma to flashing lights to nicotine to motion sickness can result eye
jerking during HGN DUI testing. On September 20, 2007 the
Illinios Supreme Court wrote that “HGN testing
appears to have as many critics as it does champions.” The
Court reversed and remaned the case back to a Peoria County trial
court to determine the accuaracy of the test. The Supreme Court
reasoned that the accuracy of HGN tests is sufficiently in dispute that
the
trial court must hold a hearing to determine whether the tests are
scientifically valid, something that has never been done in
Illinois. The last hearing to determine the reliability of the
HGN test was held in Washington State in 2000. The Illinios high
court decision was unanimous.
The HGN tests are
favorites for Georgia DUI officers especially Atlanta DUI Officers and
Henry DUI Officers. Some Georgia State Patrol DUI offiicers
claim they can tell if you DUI based on HGN alone. However, what
may work in the quite darkness of a doctors' office is not necessarily
accurate in the field on the side of a busy highway with strobe lights
flashing everywhere.
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Monday, 08 October 2007 |
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The Daily Herald of Provo Utah reported on October 5th, 2007 that Red Bull Energy drink when consumed in quantities can mimick alcohol intoxication. The Herald reported "A Lehi teen recently failed a field sobriety test after being pulled over for erratic driving. Police determined the teen had been drinking only Red Bull, Alba said." "'A police officer pulled over the car and gave a field sobriety test, and this individual failed it miserably,' he said, noting that anecdotal evidence from around Utah Valley is beginning to show the problem may be wide-spread."
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Monday, 08 October 2007 |
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The Georgia Governor's Office of Highway Safety has taken federal funds and made DUI arrest quotas a condition of supplemental funding for local police departments DUI enforcement units. These units call "HEAT" Units must made monthly performance objectives or performance standards to receive the "free" state and federal money. A performance standard is just another word for quota. In 2006, there were almost $4.5 millions dollars in "HEAT" grants distributed in consideration for instituting DUI quotas. In fact the Cobb DUI Heat Unit received MADD's award for agency of the year. There are Heat Units in the following police agencies: Barrow DUI Heat Unit in theSheriff's Office, Carroll County DUI HEAT Unit in the Sheriff's Office, Cherokee DUI HEAT Unit in the County Sheriff's Office, Coweta DUI HEAT Unit in the County Sheriff's Office, Dougherty DUI HEAT Unit in the County Police Department, Douglas DUI HEAT Unit in the County Sheriff's Office, Dublin DUI HEAT Unit in the Police Department, Duluth DUI HEAT Unit in the Police Department, Hall DUI HEAT Unit in the County Sheriff's Office, Henry DUI HEAT Unit in the County Police Department, Richmond DUI HEAT Unit in the County Sheriff's Office, Albany DUI HEAT Unit in the Police Department, Savannah ChathamDUI HEAT Unit in the Police Department, Georgia State Patrol DUI HEAT Unit, Atlanta DUI HEAT Unit in the Police Department, College Park DUI HEAT Unit in the Police Department, Walton DUI HEAT Unit in the County Sheriff's Office, Cobb DUI HEAT Unit in the County Police Department, Clayton County DUI HEAT Unit in the Police Department, DeKalb DUI HEAT Unit in the County Police Department, Bibb DUI HEAT Unit in the County Sheriff's Office, Morrow DUI HEAT Unit in the Police Department, Sandy Springs DUI HEAT Unit in the Police Department, Valdosta DUI HEAT Unit in the city police department.
View the Inside Edition DUI Expose': Sober But Under DUI Arrest
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Saturday, 06 October 2007 |
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In Mount Vernon, Washington, Prosecutors are sweating as challenges to the calibration methods for DUI breath tests are being challenged on Monday, October 8, 2007. This could threaten numerous DUI prosecutions and is expected to draw both prosecutors and defense attorneys from across the state to attend the hearing. This emphasizes that Atlanta DUI breath tests and DUIs throughout Georgia depend on Breath machines maintained by Troope J of the Georgia State Patrol known as "area supervisors" they jealously guard the operators manuals from CMI, Inc. to make sure DUI defense attorneys don't get their hands on useful information. Which begs the question, what are they hiding? If these tests are so reliable why not share the operators manual and the source code from the Intox 5000 or "magic box." Is it science or smoke and mirrors? The only secret worth keeping is a lie.
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Friday, 31 August 2007 |
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In a recent high profile case, a Minnesota drunken driving defendant sued for the right to the source code for the Intoxilyzer 5000EN in order to fight his charges in court. The Minnesota Supreme Court recently ruled in the defendant's favor.
Minneapolis, MN (PRWEB) August 30, 2007 -- When Dale Lee Underdahl was arrested in February 2006, his dui lawyer launched an interesting defense claiming that they required the source code for the breathalyzer machine that showed he was over the legal limits for alcohol. After legal wrangling for the past year and a half, the State of Minnesota Supreme Court in case #A06-1000 has now ruled that it is the defendant's right to have access to the source code.
Breathalyzers are essentially mini computers that analyze the breath blown into it. The source code is what makes the machine run and ultimately tells the police officer if the driver is under or over the legal limit. The defendant in this case alleges that not he nor the courts or the police could know definitively that the breathalyzer unit used would yield valid results.
The breathalyzer under fire in this case is the Intoxilyzer 5000 EN, built by CMI and is used in more than 20 states. The lawsuit alleges that this model is based on an ancient Z-80 processor, which was used to power the Radio Shack TRS-80 desktop computer, first available for sale in 1977.
"As far as Minnesota DUI's are concerned, this case is garnering a lot of press and discussion amongst the legal community," comments Douglas Kans, a Minnesota DUI attorney. "If the Breathalyzer really is using outdated technology, then every defendant has a right to analyze the machine and the source code that has essentially put them legal trouble. The Supreme Court recognized that right and has ruled accordingly," Kans explains.
Kans continues, "Just like Mr. Underdahl, every Minnesota DUI defendant has the right to vigorously defend the charges against him using all avenues possible."
Georgia Appellate Courts have not to date followed Minnesota's lead in opening up the Georgia DUI breath testing device, the Intoxilzer 5000 from CMI, Inc., for attorney inspection.
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Wednesday, 22 August 2007 |
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A Sargent with the Sandy Springs Police Department refused a DUI breath test after being arrest at a DUI roadblock held by the Georgia State Patrol at 3 am on Sunday August 19, 2007. Why should anyone take a DUI breath tests when even the police won't. The police know that the DUI breath tests are not accurate. Don't be quick to judge, all Defendants are presumed innocent until proven guilty in Court beyond a reasonable doubt. For more information Sandy Springs DUI Defense click here.
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Thursday, 16 August 2007 |
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The Napersun.com reports on August 14th, 2007 that An Illnois Judge found a man not guilty of DUI and improper lane change recently. The DUI defense lawyer argued that his client who weighed 260 lbs. on a six foot frame was medically obese and could not perform standardized field sobriety evaluations due to his size. The Judge agreed and found him not guilty. The NHTSA DUI Detection and Standardized Field Sobriety Evaluations manual does recognize appropriate surface conditions, age, shoes like high heels, back injuries, leg injuries, neck injuries as limiting factors as to the reliability of field sobriety evaluations but not obesity. Clearly, obese individuals have physical challenges which could manifest themselves in poor coordination in field evaluations and be confused with DUI. The reality is that field evaluations are not scientific and not really even reliable. Some people are just more coordinated than others. At least some judges still have common sense. Read Article
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Monday, 13 August 2007 |
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Tampabay.com reported recently that DUI arrests in Hillsborough County
Florida have increased from 4 in 1998 to 177 in 2006. This
represents almost a 4000% increase. Xanax is an anti-anxiety
medication that reacts strongly with alcohol. More and more
a drug of choice for teenagers who experience an alcohol like euphoria
with no detectable odor for suspecting parents to discover especially
in Henry County. We have also found that the drug is widely used
by exotic dancers in the Atlanta Area. It is also the fifth-most
commonly prescribed drug in America also known as Alprazolam according
to data from health care information companies.
In 2006, 37.5-million prescriptions for it were dispensed, up from
29.9-million in 2002. Unfortunately, Xanax reacts in such a way
that people who consume one or two drinks appear as if they have had
five or more on field tests and in impaired driving
manifestations. In Metro Atlanta, we have gone from one or two
Xanax DUIs a year to it being not uncommon to see one or two a
month. In Georgia, if you have a prescription for a given drug,
the State must prove that your are incapable of driving safely.
If you don't have a prescription, the State must prove only that you
were a less safe driver. Perplexingly, Georgia Appellate Courts
have equated the two standards of "less safe" and "incapably of driving
safely" as being the same.
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Friday, 10 August 2007 |
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The Atlanta Municipal Court announced that Court will no longer be at 7 AM starting after Labor Day but court will be held at 8 AM, 11 AM, and 3 PM. Further, all DUI cases will no longer be held before only Judge Sloan in Courtroom 5C but will be held in all of the Judge's Courtrooms. Every change presents yet another opportunity. Farewell to the 7 AM DUI cattle call is bitter-sweet. Sleep later, go to the Gym before Court, but being finished with Court by 8:30 is gone forever as it will be well after 9:00 AM until the calendar is called once.
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