The New York State Assembly passed a bill yesterday that would make it a felony DWI to drive while intoxicated with a child in the vehicle. The bill would also require first time convicted offenders to install an ignition interlock device (IID) in their vehicles. This bill is quickly moving through the New York legislature as it could be passed by the New York Senate and sent to the governor for signature this week. Many sources are saying that if this bill goes into law, New York will have the toughtest DUI / Drunk Driving laws in the nation. To date, ignition interlock devices are now used in some form in 47 states. According to the New York Times, in 2008, 37,695 people were convicted of drunk driving in New York.
Tags: California Dui Laws Prior Dui Offense Drunk Driving Arrests
As a result of a northern California man having numerous lifetime DUI / Drunk Driving convictions prior to his most recent arrest, a northen California State Senator is proposing legislation to have the driver's license revoked after a person is convicted of multiple DUI / Drunk Driving convictions. In California, the law used to consider prior DUI / Drunk Driving convictions within 5 years of a current offense to be considered a prior. Subsequently, the law was changed to 7 years. A few years ago, there was a movement to change the law to consider all prior DUI / Drunk Driving convictions in a person's lifetime to be considered a prior. However, there was a compromise in the California legislature which resulted in the law being changed again to what is currently a 10 year widow for prior DUI / Drunk Driving convictions to be considered a prior in a current DUI / Drunk Drivng charge.
Recently, the US Supreme Court declined to review a DUI / Drunk Driving Virginia case where the police stopped a suspected drunk driver based on a tipster call to police but the Virginia Supreme Court threw out the driver's conviction.The reason why the conviction was tossed was because after receiving the tip,the police followed the car and observed no traffic violations but stopped the driver anyway and arrested the driver for drunk driving. The Virginia courts held there was no reasonable suspicion (probable cause)of criminal activity to justify the stop.Some people argue that this is a good decision because the police shouldn't be able to stop someone based on an unsubstantiated tip. Otherwise, any tipster can just call the police and complain about another driver for no reason other than the tipster doesn't like or wants to get even with another driver.