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Kentucky May Not Use Ignition Interlock Devices
March 23, 2009

The Kentucky State Senate is debating whether or not to require repeat convicted drunk drivers as well as DUI / Drunk Drivers with a conviction that has aggravating circumstances to install an ignition interlock device as part of a DUI / Drunk Driving sentence. However, some state senators want to look into the issue further to determine the financial benefit private companies who provide the devices would receive if the law goes through. The state senators also want to determine if this bill would create a cottage industry with one cottage.

Tough New DUI / Drunk Driving Law In Illinois
March 16, 2009

In Illinois, starting in 2009, people arrested for DUI / Drunk Driving can now apply for a Monitoring Device Driving Permit (MDDP) which will allow a first time offender to drive 30 days after a DUI / Drunk Driving arrest for work, school, family reasons, and under a limited number of other circumstances. In order to receive an MDDP, the driver must pay for and install a Breath Alcohol Ignition Interlock Device in a vehicle they with to drive during the period of the MDDP. There is an exception for an employee owned vehicle. If the driver allows someone else… Read More

California Looking To Suspend Drivers’ Licenses For “BUI”
March 12, 2009

Recently, a California State Senator introduced a bill to allow the Department of Motor Vehicles to suspend a person driver’s license if convicted of Boating Under the Influence (BUI) of alcohol and/or drugs. Currently, the DMV does not have the authority to take any action against a driver’s license upon conviction for BUI. However, courts can take into consideration at sentencing for a DUI / Drunk Driving conviction any prior convictions for BUI.

More Drunk Driving / DUI deportable convictions
March 10, 2009

A recent U.S. 9th Circuit Court of Appeal held that an immigrant who is convicted of DUI / Drunk Driving while their license was supended or otherwise restricted is a crime involving moral turpitude and is a deportable offense. This case may also set a precedent for U. S. citizens when courts interpret a convicted person’s background when sentencing someone for any type of new offense committed in the U.S.

Voodoo Science finds it’s way into U.S. Courtrooms
February 27, 2009

According to the LA Times, a National Academy of Sciences report concludes that evidence about fingerprints, ballistics, bite marks and other forensic evidence often have little or no bais in science. Of course in DUI / Drunk Driving cases, breath, blood and urine testing methods and results come with the field of forensic science. A highly skilled DUI / Drunk Driving defense attorney is aware of these scientific shortcomings and uses this information to make sure people arrested for DUI / Drunk Driving are treating fairly. One of the recommendations made in the report requires crime labs become independent of… Read More

Hospital Blood Tests Not Privileged in New York
February 26, 2009

For years, DUI / Drunk Driving defense attorneys, myself included, have been saying the DUI / Drunk Driving laws have been eroding our civil rights. If someone has a blood test done in a hospital after a DUI / Drunk Driving accident, in many states, the blood vial itself and the blood tests results are now discoverable by the prosecution in a DUI / Drunk Driving case. In New York, a Court of Appeals held that a driver’s blood and the blood test results are not privileged because under traffic laws, drivers automatically consent to a toxicology test (breath, blood,… Read More

DUI / Drunk Driving on a bicycle!
February 18, 2009

A while back, I received an email from a person in Ohio who was arrested for OVI while walking his bike across his front yard. ( OVI is Ohio’s version of DUI / Drunk Driving.) He was convicted in the trial court and the Court of Appeals upheld his conviction. From time to time, I hear of very unusual stories of people arrested under strange circumstances. We once represented a client who was arrested for DUI / Drunk Driving while driving in his golf cart. What the government wants people to do is not drink and drive any vehicle whether… Read More

Maryland Seeking To Install Yellow Plates For 3rd Time DUI / Drunk Driving Offenders
February 9, 2009

A Maryland State Delegate will introduce a bill in the Maryland General Assembly that will require 3rd time DUI / Drunk Driving offenders to install an identifying yellow license plate on their vehicles for 5 years. This concept repeatedly surfaces in many states over the years, including California, but rarely gets passed into law. While I’m sure the intentions of the politicians are good, the potential negative unintended consequences usually win out and the legislation doesn’t get passed. Some of the unintended consequences are that other family members who drive a repeat offender’s auto will be held up to ridicule,… Read More

First DUI / Drunk Driving laws in United States
January 28, 2009

According to DUI-News, the first DUI / Drunk Driving law that went into effect in the United States was in New York in 1910. Makes sense since New York City probably had the most number of automobiles and drinkers than anywhere else in the country.

DUI / Drunk Driving Checkpoints Raise Revenue for Local Law Enforcement
January 22, 2009

According to the Orange County Register (1/21/09), the California Office of Traffic Safety granted the city of Costa Mesa $236,882 for DUI / Drunk Driving checkpoints. Also, the California Office of Traffic Safety has granted the Orange County Sheriff’s Department 1,207 for DUI / Drunk Driving checkpoints as well. While many people are adamently opposed to the concept of DUI / Drunk Driving checkpoints as being contrary to American principles, there is strong evidence to suggest that DUI / Drunk Driving checkpoints do have a deterrent effect in the areas where they are conducted and publicized. The legality of DUI… Read More

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