Recent Legal Posts

Recently, an Appellate Court in California affirmed a second degree murder conviction for a reckless driver who was alcohol/drug free because in part he had a previous DUI / Drunk Driving conviction. The prosecution introduced into evidence in the murder trial evidence of the prior DUI / Drunk Driving conviction and that the defendant attended [...]

Agents of the State Bureau of Investigations for North Carolina discovered that state crime lab analysts either overstated, omitted or falsified results of blood evidence in dozens of cases. In three of those cases, the defendants were executed. Apparently from 1987-2003, prosecutors were aided by agents of the State Bureau of Investigations who were misrepresenting [...]

The Supreme Court of Connecticut recently held that a cross hanging from the rear view mirror was not a sufficient basis to stop a driver which resulted in a DUI / Drunk Driving arrest. As a result, all evidence obtained as a result of the stop was not admissible and the conviction thrown out. The [...]

The Huntington Beach Police Department has recommended to the Huntington Beach City Council that names of drivers arrested for DUI / Drunk Driving be published. The police department considered publishing the names after a local newspaper stopped publishing the names last December. The City of Irvine already publishes the names of people arrested for DUI [...]

As of July 1, 2010, repeat DUI / Drunk Driving offenders will be eligible for early license restrictions. A person convicted of a second DUI / Drunk Driving offense will be eligible for a restricted driver’s license after completing a 90 suspension provided the person installs an ignition interlock device on any vehicle the person [...]

The New Jersey Supreme Court recently held that a Spanish speaking driver arrested for DUI / Drunk Driving should have had the requirements that he submit to a breath test and the consequences for refusing to submit read to him in Spanish. As a result, his DUI / Drunk Driving conviction was overturned. After the [...]

As of July, 1, 2010, all first time DUI / Drunk Driving offenders who are convicted in Los Angeles, Alameda, Sacramento and Tulare counties will be required to install an ignition interlock device (IID) on any vehicle they own or have access to for five months. This is a pilot project that was finalized just [...]

The Supreme Court of Michigan recently reversed a driver’s conviction while allegedly driving under the influence of marijuana because having the presence of “carboxy” in the system in not a crime in Michigan. Carboxy is a metabolite that is created when THC (an active ingredient in marijuana) breaks down. Experts have shown that carboxy can [...]

Recently, the Arizona Supreme Court held that police can only get a blood sample from a DUI / Drunk Driving suspect as long as the suspect consents or the police obtain a warrant. In the case decided by the Arizona Supreme Court, the driver only spoke Spanish and he was not spoken to in Spanish. [...]

As a result of corruption, incompetence and scientific fraud, the National Research Council of the National Academies have issued a report urging reform in the forensic science field for crime labs across the United States. Crime labs are routinely relied on in DUI / Drunk Driving prosecutions across the country. The National Association of Criminal [...]