Home Resources Blog - DUI In The News
Blog - DUI In The News
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Friday, 18 July 2008 |
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Fort Collins, CO (PRWEB) July 17, 2008 -- Eighteen-year-old Shaun Malone has a few people to thank for being able to plead "Not Guilty" to a speeding offence - his parents, who installed a GPS device in his car, and Rocky Mountain Tracking, the service provider of that device.
"Because of our GPS tracking data, Malone and his parents can protest the imposition of an unfair speeding ticket," says Brad Borst, Founder and President of Rocky Mountain Tracking, and who is also a former Police Officer.
A police radar had found Malone driving at 62 mph in a 45-mph zone. However, Malone's parents, who had installed the Rocky Mountain Tracking GPS device in his car to monitor his driving, found that the device tracked him driving at, and not above, the speed limit.
The most telling testament to the accuracy of the Rocky Mountain Tracking Rover GPS tracking device came, ironically, from a GPS expert who originally helped find Malone guilty in a trial-by-affidavit. Dr. Stephen Heppe, the expert, had written a report affirming that, going by the GPS data, Malone had to have been traveling faster than 45 mph.
The GPS device sends out a signal every 30 seconds, as well as an email alert whenever the driver exceeds the speed of 70 mph.
However, when he took the stand to begin his testimony, Dr. Heppe corrected that written report, saying that the Rocky Mountain Tracking device was "very" accurate, to within a couple of meters on location and to within 1 mph on speed. Dr. Heppe also pointed out that the GPS device released instantaneous data, and not data averaged over a distance.
"This case has caught the attention of the nation, and it will set a precedent on how police departments use speed traps in the face of an increased GPS presence," says Borst. "The accuracy and reliability of GPS has helped bring this important issue into the limelight."
New technology continues to evolve and can be used by cutting edge Atlanta DUI and Georgia DUI Attorneys to uncover police misconduct and outdated and inaccurate law enforcement devices like the Intox 5000 was relies on the same computer chips used on Business Calculators in the 1980s. GPS and in car video systems can level the playing field against those who would otherwise abuse power and authority.
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Friday, 18 July 2008 |
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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*
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Weighted Police Rankings |
Percent change from last week |
| City of Atlanta DUI arrests |
31 |
out of 486,411 (7/2006 U.S. Census Est.) |
.0000657 |
6 |
decrease 36% |
| Gwinnett County DUI arrests |
108 |
out of 757104 (7/2006 U.S.Census Est.). |
.0001426 |
4 |
increase 33% |
| Dekalb County DUI arrests |
32 |
out of 723602 (7/2006 U.S. Census Est.). |
.0000442 |
7 |
decrease 39% |
| Fayette County DUI Arrests |
10 |
out of 106671 (7/2006 U.S. Census Est.). |
.0000937 |
5 |
n/a |
| Clayton County DUI Arrests |
n/a |
out of 271240 (7/2006 U.S. Census Est.). |
.00 |
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n/a |
| Henry County DUI Arrests |
30 |
out of 178033 (7/2006 U.S. Census Est.). |
.0001685 |
3 |
no change |
| City of Doraville DUI Arrests |
10 |
out of 9862 (2000 U.S. Census Est.) |
.0010139 |
1 |
no change |
| City of Roswell DUI Arrests |
19 |
out of 78,229 (2003 U.S. Census Est). |
.0002428 |
2 |
71% increase |
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*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.
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Wednesday, 09 July 2008 |
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On July 8, 2008, Paulette Bourke sued the City of Gulf Port, Florida and Officer Joshua Stone for arresting her for DUI. Ms. Bourke had been at a restaurant with her sister where she had two sips from a glass of wine. She was pulled over by Gulf Port Police for driving under the speed limit, making a wide turn, and driving too close to the curb. The Officer reportedly smelled alcohol and ordered her out of her car to perform DUI field sobriety evaluations. The Officer would not let her wear her eyeglasses which she reported made her very nervous and uncomfortable as she could not see. The Officer alleged that she failed the field sobriety evaluations. She was arrested for DUI. She was handcuffed and transported to the police station where she gave two breath samples on a DUI breath testing machine which registered 0.00. She was then compelled to submit to a urine test which indicated negative for drug use. She was arrested for DUI. The case was later dismissed by prosecutors for a lack of evidence. Ms. Bourke is seeking compensatory and punitive damages as well as attorney's fees against both the arresting officer and the city. These situations are not unique to Florida. Field Sobriety evaluations are standardized nationally and Georgia DUI Police and Metro Atlanta DUI Police make false arrest based on field sobriety evaluations with accuracy ratings from 66% to 77%. This translates into 1 in 4 false arrests. We have encounted many clients who were arrested for DUI and tested 0.00 or well under the legal limit. Don't be fooled by "over the limit, under arrest" slogans. It is a war on social drinking.
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Monday, 07 July 2008 |
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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*
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Weighted Police Rankings |
Percent change from last week |
| City of Atlanta DUI arrests |
49 |
out of 486,411 (7/2006 U.S. Census Est.) |
.0001007 |
5 |
increase 2% |
| Gwinnett County DUI arrests |
81 |
out of 757104 (7/2006 U.S.Census Est.). |
.0001069 |
4 |
decrease 11% |
| Dekalb County DUI arrests |
52 |
out of 723602 (7/2006 U.S. Census Est.). |
.0000718 |
7 |
increase 50% |
| Fayette County DUI Arrests |
n/a |
out of 106671 (7/2006 U.S. Census Est.). |
.00 |
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n/a |
| Clayton County DUI Arrests |
32 |
out of 271240 (7/2006 U.S. Census Est.). |
.0001179 |
3 |
increase 50% |
| Henry County DUI Arrests |
30 |
out of 178033 (7/2006 U.S. Census Est.). |
.0001685 |
2 |
increase 25% |
| City of Doraville DUI Arrests |
10 |
out of 9862 (2000 U.S. Census Est.) |
.0010139 |
1 |
n/a |
| City of Roswell DUI Arrests |
7 |
out of 78,229 (2003 U.S. Census Est). |
.0000894 |
6 |
n/a |
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*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.
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Tuesday, 01 July 2008 |
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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*
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Weighted Police Rankings |
| City of Atlanta DUI arrests |
50 |
out of 486,411 (7/2006 U.S. Census Est.) |
.0001027 |
4 |
| Gwinnett County DUI arrests |
91 |
out of 757104 (7/2006 U.S.Census Est.). |
.0001292 |
3 |
| Dekalb County DUI arrests |
26 |
out of 723602 (7/2006 U.S. Census Est.). |
.0000359 |
6 |
| Fayette County DUI Arrests |
17 |
out of 106671 (7/2006 U.S. Census Est.). |
.0001593 |
1 |
| Clayton County DUI Arrests |
16 |
out of 271240 (7/2006 U.S. Census Est.). |
.0000589 |
5 |
| Henry County DUI Arrests |
24 |
out of 178033 (7/2006 U.S. Census Est.). |
.0001348 |
2 |
| City of Doraville DUI Arrests |
n/a |
out of 9862 (2000 U.S. Census Est.) |
.00 |
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| City of Roswell DUI Arrests |
n/a |
out of 78,229 (2003 U.S. Census Est). |
.00 |
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*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.
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Wednesday, 25 June 2008 |
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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*
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Weighted Police Rankings |
| City of Atlanta DUI arrests |
32 |
out of 486,411 (7/2006 U.S. Census Est.) |
.0000657 |
6 |
| Gwinnett County DUI arrests |
94 |
out of 57104 (7/2006 U.S.Census Est.). |
.0001241 |
4 |
| Dekalb County DUI arrests |
32 |
out of 723602 (7/2006 U.S. Census Est.). |
.0000442 |
8 |
| Fayette County DUI Arrests |
17 |
out of 106671 (7/2006 U.S. Census Est.). |
.0001593 |
3 |
| Clayton County DUI Arrests |
26 |
out of 271240 (7/2006 U.S. Census Est.). |
.0000958 |
5 |
| Henry County DUI Arrests |
36 |
out of 178033 (7/2006 U.S. Census Est.). |
.0002022 |
2 |
| City of Doraville DUI Arrests |
12 |
out of 9862 (2000 U.S. Census Est.) |
.0012167 |
1 |
| City of Roswell DUI Arrests |
4 |
out of 78,229 (2003 U.S. Census Est). |
.0000511 |
7 |
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*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.
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Friday, 20 June 2008 |
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On July 1st, 2008, Georgia DUI laws will get tougher. The new Georgia DUI law is designed to teach new DUI offenders an additional lesson and increase jail time and consequences for multiple offenders. The Georgia General Assembly passed House Bill 336 with very little opposition in 2008 legislative session. Beginning on July 1st, 2008, people who plea to or are convicted of driving DUI will be subject to more jail time, a felony record in some cases, and additional DUI classes. A fourth DUI in Georgia in ten years will be felony if you are arrested after July 1st 2008. It doesn't matter where the other DUIs occurred as long as the Fourth one is a Georgia DUI. Your first two DUI convictions or pleas are regular misdemeanors subject to a year in jail or a $1000 fine. A third Georgia DUI is a high and aggravated misdemeanors which increases the maximum punishment up to $5,000 and a year in jail generally with limited good time credit for time served, meaning you are likely to serve day for day. A new felony DUI conviction will result in a prison sentence of one to five years but can be probated or suspended by the Judge except for 90 days which is mandatory. Additionally, the measurement for minimum punishments for 1st, 2nd, and 3rd DUIs will increase from 5 years to 10 years. This means that if you had a DUI 6 years ago and get a second DUI you will be subject to minimum punishments of 72 hours in jail as opposed to 24 hours and the additional requirements of a 2nd in Five DUI like 30 days community service et cetera.
The new law will make changes in sentencing for first Georgia DUI offenders. There will be another requirement after a Georgia DUI Defendant completes the Georgia DUI School which is a 20 hour $280 course. For a first Georgia DUI conviction, in addition to DUI School, fines of $300, and 40 hours of community service offenders will have to take a clinical evaluation and complete a treatment program.
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Tuesday, 10 June 2008 |
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A Minnesota DUI defense attorney, on Monday, June 9, 2008, released a copy of an incriminating e-mail from a Minnesota BCA toxicologist to Intoxilyzer 5000 manufacturer CMI Inc. of Owensboro, Ky which laid out tested inaccuracies in DUI breath testing machine.
The e-mail, dated Sept. 27, 2006, indicates that the Intoxilyzer "on occasion" printed out different blood-alcohol readings than what it displayed on its screen. The email also revealed that the amount of air required to provide a breath sample varied depending upon the version of software running the machine and could trigger a false insufficient sample reading which could result in a one year driver's license suspension for refusal to take the test in Georgia. These CMI, Inc. Intoxilyzer 5000 are the "state administered" test in Georgia DUI arrests.
CMI updated the Minnesota version of its Intoxilyzer software in summer 2005. It was first awarded the contract in 1997.
"We performed a variety of tests under different conditions using each version and the results were not the same," wrote toxicologist Pat Pulju in the e-mail to other state and CMI officials.
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Friday, 30 May 2008 |
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At a hearing before the State of Connecticut Department of Motor Vehicles in February of this year, Dr. Michael Hlastala, of the University of Washington, a forensic consulting in human physiology and DUI breath testing and the nature of alcohol in the body, testified that a woman who ingests the exact same amount of alcohol as a man will produce a DUI breath result that exceeds the man's by 5.6 percent.
Dr. Hlastala also testified at the DUI trial that the lung capacity of an African-American male is approximately 3 percent smaller than a Caucasian. "Because of the smaller capacity, an arrestee must expel a greater fraction of his lung capacity, the Intoxilyzer 5000 results are inflated by a factor of 3 percent," Hlastala concluded.
With Atlanta DUI prosecutors aggressively trying DUI's at the 0.08 level and given the inherent variability of deep lung air in successive breath samples of +/- 0.02 as discussed in the Georgia DUI Intox 5000 training manual (2004 Edition) and as evidence by the Georgia statutory over 0.02 sample variance exclusion rule, this could result in margins of error for blacks and women in the 28%-31% range.
Read excerpts from Connecticut Brief by clicking more.
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Read more...
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Friday, 23 May 2008 |
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The Boiseweekly.com reported the nations first Segway DUI arrest that occurred in Oct 2007. The situation had both police and prosecuting attorney's scratching their heads. So they erred on the side of caution and arrested the man for DUI. The legislature clarified the ambiguity and legislated that the Segway was not a vehicle for purposes of the DUI law. Remember a Georgia DUI can occur on mopeds, golf carts, bikes, lawnmowers. DUIs are not just for Cars and Alcohol anymore. Segways are specifically excluded from the definition of vehicles under the Georgia Code so it appears that Drunk Segwaying is legal in Georgia. Remember, this is not legal advice merely an unsolicited opinion. Do not rely on this for purposes of avoiding a Georgia DUI.
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