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Monthly ArchiveDecember 2006



Uncategorized hudson on 30 Dec 2006

Just In Time For New Years

Recently new technology was introduced in Japan, a cell phone that measures alcohol concentrations. The telephone accessory allows employers to measure the breath alcohol concentration of their employees remotely. The device which attaches to the cell phone, takes a breath sample, photographs the test subject and sends current location information from a GPS satellite. The technology is especially useful for employers who run transportation companies. One can only assume that it will coming to a Best Buy near you…

DUI Issues hudson on 22 Dec 2006

How NHTSA lies with statistics

Alcohol related injury and death statistics maintained by the National Highway Traffic Safety Administration (NHTSA) and publicized by Mothers Against Drunk Drivers (MADD) and other prohibitionists should be viewed with caution.

The loosely worded “alcohol related” deaths and injury statistics will have one more addition. Earlier this year, in North Dakota, a driver was acquitted of negligent homicide when a jury determined that he was not guilty of that charge despite backing over a sleeping drunk in Fargo parking lot.

The driver in this case was not intoxicated, nor was there any allegation involving any alcohol use by the driver, the only alcohol had been used by the “victim” in the case, a 52 year old man who had fallen asleep under the parked car.

This is one more death that will be added to the list that NHTSA and MADD will use to bolster their arguments in favor of continued unconstitutional invasions of our civil liberties.

For the complete story

DUI Enforcement hudson on 15 Dec 2006

Year End DUI Arrest Push

Well it’s that time of year again, law enforcement steps up its annual crack down on drunk driving. In the San Francisco Bay Area it’s called “avoid the” campaign and throughout the bay area local police department’s, sheriff’s and highway patrol officer’s will be extra vigilant for drunk driver’s. It’s also the time of year when the rights of motorist’s are most significantly impacted. Beware as you travel this holiday season you will encounter sobriety checkpoints and extra officer’s will be on duty looking for any reason to stop driver’s, including expired registration or vehicle equipment problems. The 125 law enforcement agencies will be placing extra emphasis on drunk driving over the next 18 days. The special effort will conclude on January 2, 2007

DUI Cases &Notable DUI Defendants staff on 11 Dec 2006

Notable DUI Defendants

With Nicole Richie joining her costar Paris Hilton with a DUI arrest, there will certainly be a new round on the Hollywood talk shows about celebrity DUI’s. Richie’s case certainly has some items to titillate such as numerous reports of a Mercedes traveling the wrong way on the Freeway and possible addition of marijuana.

However, there are a couple of other recent DUI defendants that might lack star power, but they are notable nonetheless. First we have Denver Judge Johnny Barajas who was arrested November 9 for Driving Under the Influence when he hit another vehicle. Judge Barajas often hears DUI cases in courthouse.

Next we have the DUI case of another judge – St. Clair County Circuit Judge Patrick Young who was arrested earlier this month after his SUV collided with a pickup that sent the other driver to the hospital. Judge Young was returning from a St. Louis Rams game with his boss Chief Judge Jan V. Fiss. Together Young and Fiss were able to use their legal training to deal with the situation — Young refused to take a field sobriety and a Breathalyzer test ; Fiss hid an open can of beer.

DUI Law staff on 07 Dec 2006

DUI Scarlet Letters

At various times states have experimented or considered special license plates for drivers with DUI convictions.

In Washington County, Ohio a judge has been ordering scarlet red and yellow and license plates for repeat offenders.

“The plates are somewhat of a deterrent. They stick out like a sore thumb,” Welch said. “But the real hazard is someone driving while impaired and the plates themselves do not guard against that. I’ve opted to require Interlocks on more vehicles.”

While a Florida state senator thinks pink is more the way to go.

Sen. Mike Fasano, R-New Port Richey, has filed a bill that would require “bright pink” license plates on vehicles driven by people with restricted driving privileges resulting from a conviction for driving under the influence.

“Maybe it will embarrass people and keep them from drinking and driving,” Fasano said. “Maybe they’ll think twice.”

Filed Nov. 1, Senate Bill 538 calls for the first three characters on the pink license plate to read “DUI.” The bill also says police “may stop any vehicle that bears a DUI plate without probable cause to check the driver.”

I wonder if vehicles with such license plates will be subject to more vandalism.

Uncategorized hudson on 01 Dec 2006

December is National Drugged/Drunk Driving Month

President Bush has declared that December is “National Drunk and Drugged Driving Prevention Month.” I feel much safer knowing that one month per year is selected to elevate awareness of this issue. It is also of note that this month the Federal government will be partnering with local authorities to increase enforcement efforts and education. Beware, it seems that the revenuer’s are after you again…

Uncategorized hudson on 01 Dec 2006

Mental Illness and DUI

A study conducted in New Mexico, analyzing the arrest records for individuals having been arrested for DUI at least twice in the preceding ten years. The study concluded that the majority of the subjects had at least one mental illness. Almost sixty percent suffered from major depression, OCD, B-Polar Disorder or Post-Tramatic Stress Disorder.

Unfortunately, the State Legislatures and various political groups (MADD) have emphasized the punishment aspect of Drving Under the Influence and neglected factors that may underlie the majority of repeat offenses, mental illness. Our society has taken a kinder approach to drug addiction and the use of illicit drugs, maybe we should reevaluate our approach to repeat DUI offenders. By failing to take into consideration, and treat, the underlying mental illness present the majority of our multiple offenders, we are essentially doomed to fail in our societal goal of reducing DUI.