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Blog - DUI In The News

Does Georgia's Intoxilyzer 5000 discriminate against African Americans

Thursday, 20 November 2008

A Connecticut Lawyer claims that the Intoxilyzer 5000 discriminates against African Americans too. This is the same DUI Breath Test used in Atlanta DUIs and Georgia DUIs. We already know about the gender basis in alcohol breath testing as given women and men of the same weight who consume the same amount of alcohol, the women will test higher. Now the Intoxilyzer 5000 discriminates against African Americans too. Could DUI law be any more unfair? The Connecticul lawyer is planning to present evidence from Dr. Michael Hlastala, a lung physiologist at the University of Washington, who examined research of other lung physiologists, and concluded that the lung capacity of African American males is an average of 3 percent less than white males which exaggerates their breath alcohol test results. Query: If men, women, and African Americans have breath alcohol variations shouldn't there be different legal limits for different genders and races. Can you say equal protection argument? What is the legitimate governmental interest in treating genders and races the same when they are physiologically different?

Georgia DUI Court Programs: Alternative or Ambush

Wednesday, 19 November 2008

DUI Courts are state funded court programs that generally offer rehabilitation rather than incarceration for repeat DUI offenders. The Fulton County DUI Court in downtown Atlanta has evolved into one of the more reasonable programs for repeat DUI offenders. There are 13 DUI Court programs across the state. Some have good reputations and in some jurisdictions knowledgeable attorney's recommend trial or jail over DUI court. The programs generally involve weekly or biweekly court attendance in the afternoons, weekly AA attendance, weekly counseling, random drug screens and home inspecitions. This can be difficult if not impossible for defendants who have lost their driver's license for one year and are having to take a 17 week DUI risk reduction course to get their license back anyway. In Fulton County the DUI Court is presided over by Judge Susan Forsling. Judge Forsling is generally regarded as reasonable and fair but firm. In Fulton County in return for a probated sentence DUI Court participants are required for the first 90 days to attend three, two and a half hour treatment sessions; three Alcoholics Anonymous (AA) or 12-step meetings every week; two random drug and alcohol screens a week; attend court twice a month, expect random home visits and visit probation every month. If they violate the 90 clock starts over and they have to go through all of that again. In some counties the DUI court requires similar to Fulton Counties can last for up to 18 months. Some defendants feel that they will spend less time in jail than DUI court and figure they will probably lose their job and without tranportation fail to make it to one of their meetings. Other Defendants will do anything to avoid even a day of jail. It is a decision that must be weighed carefully.

In 2002, the Governor’s Office of Highway Safety provided grant funding from the National Highway Traffic Safety Administration to the Administrative Office of the Courts of Georgia to establish specialized court dockets to manage chronic DUI offenders (those with two or more convictions for driving under the influence). Three DUI Courts were implemented in the State Courts of Athens-Clarke County, Chatham County, and Hall County to provide intensive judicial oversight, substance abuse treatment, and offender accountability.

Clayton County in Jonesboro, Georgia; Gwinnett County DUI Court in Lawrenceville, Georgia; Cherokee County in Canton, Georgia; DeKalb County in Decatur, Georgia; Troup County in LaGrange, Georgia. For more information on the Fulton County DUI Court: Click Here

Metro Atlanta DUI Report: 11/3-11/9/2008

Thursday, 13 November 2008

The following is an estimate of DUI arrests in selected Metro Atlanta Counties for one week based on publically available records. The information is only as accurate as the public records from which it is obtained.

Jurisdiction	DUIs	Population	Arrests per Population*	Weighted Police Rankings	Percent change from last week
City of Atlanta DUI arrests	35	out of 486,411 (7/2006 U.S. Census Est.)	.0000719	6	decrease 26%
Gwinnett County DUI arrests	72	out of 757104 (7/2006 U.S.Census Est.).	.0000950	3	decrease 27%
Dekalb County DUI arrests	37	out of 723602 (7/2006 U.S. Census Est.).	.0000511	7	increase 68%
Fayette County DUI Arrests	10	out of 106671 (7/2006 U.S. Census Est.).	.0000937	4	decrease 48%
Clayton County DUI Arrests	n/a	out of 271240 (7/2006 U.S. Census Est.).	.0000	n/a
Henry County DUI Arrests	28	out of 178033 (7/2006 U.S. Census Est.).	.0001572	2	decrease 7%
City of Doraville DUI Arrests	29	out of 9862 (2000 U.S. Census Est.)	.0029405	1	decrease 0%
City of Roswell DUI Arrests	13	out of 78,229 (2003 U.S. Census Est).	.0000766	5	decrease 50%

*Percent under 1000 means a very low risk of DUI arrest per population. Percent over 2000 means DUI Hot Spot very risky to Drive after Drinking. If you would like your counties statistics shown please contact us with information on obtaining the public records.

Metro Atlanta DUI Report; 10/27-11/2/2008

Thursday, 13 November 2008

Jurisdiction	DUIs	Population	Arrests per Population*	Weighted Police Rankings	Percent change from last week
City of Atlanta DUI arrests	47	out of 486,411 (7/2006 U.S. Census Est.)	.0000966	6	increase 47%
Gwinnett County DUI arrests	98	out of 757104 (7/2006 U.S.Census Est.).	.0001294	5	decrease 11%
Dekalb County DUI arrests	22	out of 723602 (7/2006 U.S. Census Est.).	.0000304	8	decrease 50%
Fayette County DUI Arrests	19	out of 106671 (7/2006 U.S. Census Est.).	.0001781	2	increase 26%
Clayton County DUI Arrests	41	out of 271240 (7/2006 U.S. Census Est.).	.0001511	4
Henry County DUI Arrests	30	out of 178033 (7/2006 U.S. Census Est.).	.0001685	3	decrease 0%
City of Doraville DUI Arrests	29	out of 9862 (2000 U.S. Census Est.)	.0029405	1	decrease 0%
City of Roswell DUI Arrests	6	out of 78,229 (2003 U.S. Census Est).	.000766	7	decrease 46%

Thousands of DUIs could be thrown out

Tuesday, 11 November 2008

The Associated Press has reported than thousands of DUI cases in Arizona could be dismissed if the Intoxilyzer 8000 manufactured by CMI, Inc. which also manufactures the Intoxilyzer 5000 in Georgia is found to be error prone.

About a decade ago approximately 5,000 DUI cases were dismissed after Arizona prosecuting authorities agreed the alcohol breath-testing device, the RBT IV, manufactured by Intoximeters Inc., was not accurate.

Tucson, Arizona police made approximately 6000 DUI arrests in the past two years which were primarily based on the test results fo the Intoxilyzer 8000.

Pima County, Arizona, Superior Court Judge Deborah Bernini gave CMI Inc. until Monday to turn over the computer source code in an electronic form to be reviewed by Defendants' attorneys and their experts. CMI has refused to release the computer source code flaunting court orders across the country. DUI Defense attorneys have long alleged the Intoxilyzer is not accurate enough to be the basis for criminal convictions.

More and more DUI cases are being thrown out in local Arizona courts because of CMI's curious resistance to disclose the computer source code of the Intoxilyzer. By disobeying court orders, the CMI, Inc. the manufacturer of the Intoxilyzer has earned over $1 million in fines from Florida Courts according the Associated Press.

CMI claims it will reveal the code, on paper, if all recipients signs a nondisclosure agreement. Arizona Defense attorneys have refused to do so.

No luck of the Irish in Dubllin, Georgia: Beer left on Bumper results in DUI

Thursday, 30 October 2008

October 29, 2008. A Laurens County Georgia Sheriff's Deputy noticed a green ford explorer driving with a bud light beer can on its bumper. The officer pulled the driver over and the driver could hardly stand up. He was charged with DUI. More DUI arrests result from bad tail or tag lights, cracked tail lights, talking on the cell phone or other trivial violations. Always do a pre-flight inspection when you drive. Police are looking for excuses to pull you over after midnight.

Metro ATlatna DUI Report: October 20-26, 2008

Wednesday, 29 October 2008

Jurisdiction	DUIs	Population	Arrests per Population*	Weighted Police Rankings	Percent change from last week
City of Atlanta DUI arrests	27	out of 486,411 (7/2006 U.S. Census Est.)	.0000555	6	decrease 28%
Gwinnett County DUI arrests	109	out of 757104 (7/2006 U.S.Census Est.).	.0001439	3	increase 12%
Dekalb County DUI arrests	44	out of 723602 (7/2006 U.S. Census Est.).	.0000608	5	decrease 16%
Fayette County DUI Arrests	15	out of 106671 (7/2006 U.S. Census Est.).	.0001406	4 (tie)	increase 7%
Clayton County DUI Arrests	n/a	out of 271240 (7/2006 U.S. Census Est.).	.0000	n/a
Henry County DUI Arrests	30	out of 178033 (7/2006 U.S. Census Est.).	.0001685	2	decrease 22%
City of Doraville DUI Arrests	29	out of 9862 (2000 U.S. Census Est.)	.0029405	1	decrease 7%
City of Roswell DUI Arrests	11	out of 78,229 (2003 U.S. Census Est).	.0001406	4 (tie)	decrease 32%

Metro Atlanta DUI Report; October 13-19, 2008

Tuesday, 28 October 2008

Jurisdiction	DUIs	Population	Arrests per Population*	Weighted Police Rankings	Percent change from last week
City of Atlanta DUI arrests	37	out of 486,411 (7/2006 U.S. Census Est.)	.0000760	6	increase 76%
Gwinnett County DUI arrests	97	out of 757104 (7/2006 U.S.Census Est.).	.0001281	5	increase 24%
Dekalb County DUI arrests	52	out of 723602 (7/2006 U.S. Census Est.).	.0000718	7	increase 67%
Fayette County DUI Arrests	14	out of 106671 (7/2006 U.S. Census Est.).	.0001312	4	increase180%
Clayton County DUI Arrests	n/a	out of 271240 (7/2006 U.S. Census Est.).	.0000	n/a
Henry County DUI Arrests	38	out of 178033 (7/2006 U.S. Census Est.).	.0002134	2	n/a
City of Doraville DUI Arrests	31	out of 9862 (2000 U.S. Census Est.)	.0031433	1	increase 93%
City of Roswell DUI Arrests	16	out of 78,229 (2003 U.S. Census Est).	.0002045	3	decrease 6%

Tradegy Takes the Life of Heroic Atlanta Police Officer

Saturday, 25 October 2008

By all accounts Atlanta Police Sargent Darrell Johnson was an American Hero, Atlanta Police Officer, Policing Crooked Cops, Family man working two jobs, hard working, and friendly even to his professional adversaries. Another American Hero, Iraqi War Veteran, Brent Jacobs, alleged to be drinking and also allegedly already facing criminal charges of some type was alleged to be fleeing the Douglas County Sheriff's Deputies after a 911 caller reported his vehicle was all over the road. The Media focuses on the "apparent DUI" being murder on our roads and the obvious heroic character of the slain police sargent. The Heroes pathes colliding tragically on Friday Morning, October 24, 2008, when Jacobs is alleged to have crossed the centerline and caused a head on collision. The alleged DUI is the obvious cause. Police authorities indicated in press reports that alcohol "may" have been a factor. Only time and forensic investigations will tell the truth. What is left? Read between the lines and discover what was the real disease (DUI is a symptom not a disease) - high speed police chase for a hearsay traffic offense that could have been a DUI? Apparently traumatized Iraqi war veteran left to his own devices by the military to self medicate with alcohol? A police officer that had to work two jobs to make ends meet sleeping only a few hours a night? Hopefully all the families affected can find peace in these tradegies and their losses in the knowledge that in both life and death a part of a greater divine plan from an infinite God was realized that finite human minds cannot comprehend. The victims lawyers seeking justice should look for economic responsibility in not only impairment of an intoxicated driver's insurance company, but the high speed pursuit policies of law enforcement that fail to protect an innocent public; in a military that does not take care of its own; and a municipal authority whose sleep deprived officer have to work double shifts to make ends meet. For once attack the disease as aggresively as the symptom.

Metro Atlanta DUI Report: October 6-12, 2008

Friday, 17 October 2008

Jurisdiction	DUIs	Population	Arrests per Population*	Weighted Police Rankings	Percent change from last week
City of Atlanta DUI arrests	21	out of 486,411 (7/2006 U.S. Census Est.)	.0000431	7	decrease 50%
Gwinnett County DUI arrests	78	out of 757104 (7/2006 U.S.Census Est.).	.0001030	3	decrease 14%
Dekalb County DUI arrests	31	out of 723602 (7/2006 U.S. Census Est.).	.0000428	6	decrease 43%
Fayette County DUI Arrests	5	out of 106671 (7/2006 U.S. Census Est.).	.0000468	5	decrease 37%
Clayton County DUI Arrests	27	out of 271240 (7/2006 U.S. Census Est.).	.0000995	4	n/a
Henry County DUI Arrests	n/a	out of 178033 (7/2006 U.S. Census Est.).	n/a	4	n/a
City of Doraville DUI Arrests	16	out of 9862 (2000 U.S. Census Est.)	.0016223	1	increase 14%
City of Roswell DUI Arrests	17	out of 78,229 (2003 U.S. Census Est).	.0002173	2	increase 88%

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