FAYETTE COUNTY STATE COURT: Single Vehicle Accident – Refusal – Motion In Limine Denied: Client Found NOT GUILTY of All Charges
The client was in a single-vehicle accident near Highway 270 and Helmer Rd. The client was in a friend’s car ready to leave the scene when an officer arrived. He approached the passenger side of the vehicle and notice the odor of an alcoholic beverage and vomit emitted from our client. When asked to perform […]
Read MoreMISSOURI V. MCNEELY – 11-1425 – PART I: Supreme Court to Rule on Warrantless Blood Draws in DUI Cases
Soon the United States Supreme Court will rule on Missouri v. McNeely, a case that will decide if warrantless blood draws for drivers suspected of DUI are constitutional. Extensive analysis is already available, so we’ll stick to parsing out the precedent and applying it to the facts of the case. At issue in this appeal is the balance of […]
Read MoreNew iPhone App. Used to Capture Horizontal Gaze Nystagmus May Expose Errors in the Seminal Field Sobriety Test
A new iPhone app called Breathaleyes uses the iPhone camera to capture Horizontal Gaze Nystagmus, the common field sobriety test that looks for eye movements caused by alcohol. To measure its accuracy, officers from the Huntsville Police Department put the app to the test. Three volunteers drank three beers in an hour. Thirty minutes later […]
Read MoreA DUI Conviction Could Mean a One Year Restriction on Buying Alcohol: North Dakota Reform Bill Gains Momentum, Could Set Example
After 3 tragic deaths resulting from two separate DUI-related incidents in Fargo, ND, a bill is gaining momentum that would prohibit an individual convicted of DUI from buying alcohol. After a DUI conviction, the law would require that an individual’s license be marked with a symbol denoting the restriction. The restriction would last for one […]
Read MoreWILLIAMS v. STATE – A12A1116 – Free Roadblocks For Everyone! – Constitutional Constraints on Illegal Sobriety Checkpoints Go Through the Wringer
At around 2:00 a.m. officers of the Bibb County Police “HEAT” unit stopped James Williams at a roadblock. The officers observed that Williams was intoxicated and arrested him for suspicion of DUI. On appeal, Williams does not argue the factual findings of the court but contends that the trial court erred when it denied his […]
Read MoreIowa Man Blows Whopping .627 on Breath-Test Machine, Stuns Police
In late September a DUI arrest wowed officers in Iowa when the suspect in question blew a .627 BAC on a State-administered breath test. Multiple officers confessed that the result was the highest reading they had seen in their entire careers, some spanning 20 years. According to one officer, he was told in DUI training […]
Read MoreHARKLEROAD v. STATE – A12A1079 – Improper Motions Let the Prosecution Take a Breather
In the early morning of February 10, 2002, Mary Harkleroad was pulled over for speeding in Savannah, Georgia. The officer approached the driver’s side of the vehicle and noticed a strong odor of alcohol. Harkleroad’s eyes were bloodshot and her face was flushed. The passenger in the car claimed that he had been drinking and […]
Read MoreHow Much Probable Cause is “Enough” for an Initial Stop? A DUI Arrest? A Blood Warrant? According to Police, it Varies
In the second paragraph of this article in the Atlanta Journal-Constitution about DUI refusals prompting warrants for blood, there is a telling quote from a Douglas Chief Deputy: “If we have someone refuse, and if we have enough probable cause, we contact a State Court judge and request a search warrant for that person’s blood.” How […]
Read MoreWhen DUI Arrests Go Up, ‘DUI-Related” Collisions Go Down: A Correlation Not Tied to Convictions
In Glendale, California DUI arrests are up 103%. Officer Bryan Duncan, a Glendale policeman awarded for netting around 100 DUI-related arrests this year, is partially responsible for the percentage increase. Duncan is a lauded DUI specialist who received a Traffic Safety Excellence Award from the California Office of Traffic Safety and a Mothers Against Drunk […]
Read More