The Henry County Police Department held roadblocks this past weekend on either end of Industrial Blvd. in McDonough, GA effectively block all exits from the Double D's bar in McDonough, Henry County, Georgia.  Reportedly over 60 people were arrested for DUI and a special mobile breath testing vehicle was brought in from Union City along with a tent to process all the DUIs in the rain.  One person commented it was like a "DUI circus."

During the first 3 quarters of 2007 Henry County Police averaged between 168 and 203 DUIs a quarter or between 56 and 67 DUIs a month.  This means that Henry County arrested a month's worth of DUI's in one weekend.  It also coincides with "95.5 the Beat," Atlanta's Premier Hip Hop Radio Station, DJ night at Double D's on November 23, 2007.   Draw your own conclusions. 

The Hartford Courant reported that a ConnecticutI Administrative Law Judge is hearing the fate of the infamous breath test device Intox 5000 to determine whether it is accurate enough to hold up in court.  The State's biggest concern is what to do with 169 Intox 5000's costing $5000.00 a piece.  How 'bout a paper weight?  The Intox 5000 is also the test used and approved in the State of Georgia for Georgia DUIs. Blowing into the Intoxilyzer 5000 is law enforcement's primary instrument in measure blood alcohol.  Why measure blood alcohol with breath when you could just measure the blood?  Atlanta DUI lawyers and lawyers from across the country have been asking this question for years now finally a judge is asking the question.  A reading from the state's breath-testing device is the chief weapon for police officers in proving that someone was driving under the influence.  But in a daylong hearing Tuesday, November 27 at the Connecticut Department of Motor Vehicles in Wethersfield, Connecticut  three DUI lawyers argued that the device is fundamentally imperfect in measuring blood-alcohol content and can even be biased against women, small men and people with respiratory conditions such as emphysema and asthma. 

Steve Weinhoeft, first state's attorney, called the case ironic. "Had he taken the breath test on the front end, he never would have gotten a DUI (charge) to begin with," Weinhoeft said. "He wouldn't have gotten the summary (license) suspension, we would have all gone on our way and he would have saved himself some attorney's fees."   What if the inaccurate test indicated he was impaired and a subsequent test that he was sober.  Simply stated the current state of DUI enforcement could be titled "the death of common sense?"  Atlanta DUI Police and Georgia State Patrol Dui police patrolling Buckhead in Atlanta a DUI hotspot. Regularly, arrest people for DUI they classify with normal speech, moderate odor of alcohol and no unsteadiness or swaying.  Let the citizen beware. 

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.