Don't drink and drive...a lawn mower

Image via WikipediaSo, we've learned that it's unwise to drink and then drive a: Russian tanker, Barbie cars, motorized lounging chair, golf cart, and a stroller. Now it's time to add a lawn mower to the growing list of odd vehicles operated by DUI suspects. Last week, a Bloomfield, New York man was charged with operating a "lawn tractor" while under the influence of alcohol, as reported in this WHEC.com article:

Pool was allegedly driving on Route 20A when he turned left without signaling. Deputies say Pool had an open can of beer and was operating the tractor in an intoxicated condition.

Once again, the moral of the story seems to be that if you've been drinking, maybe you should just plant to stay wherever you are rather than getting creative about your mode of locomotion. Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Potent, High-Alcohol Beer Headed to U.S.

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Beware the wicked brew, beer drinkers. According to this National Post article, a highly alcoholic Scottish beer will soon be available in the United States. It's called "Tactical Nuclear Penguin" and has an alcohol concentration of 32%. That 8 times the alcohol concentration of a typical glass of beer, which is just 4% alcohol. The new brew will initially be sold in California and New York and will be available at Whole Foods, among other locations. As explained in the article, surprisingly, Tactical Nuclear Penguin, although initially reigning supreme as the strongest beer, has since been replaced by others:

It had a brief reign as the world's strongest beer, until a German company released Schrosch Bock, with a terrifying 40% concentration. Of course, BrewDog couldn't let this affront to Scottish pride stand, and quickly released Sink the Bismarck!, an even-more-leg-wobbling 41%.

These new classes of high-alcohol beers are just one more reminder to pay attention to what you're drinking and how much. This nifty website is a good start and explains the basics, including how much alcohol can be found in different types of drinks and provides helpful definitions of common terms. The bottom line: drink carefully and responsibly, and when you've had too much, don't drive. That way, the roads will be safer, you'll be safer, and you won't have to hire a DUI attorney. Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

Colorado Springs Crime Lab-Another Case of Sloppy Testing

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Another day, another crime lab making sloppy errors that deprive innocent people of their liberty. This time it's the Colorado Springs crime lab. In April, the Colorado Springs crime lab errors were disclosed to the public. It was revealed that the results of an internal investigation revealed that 167 tests were flawed in 2009 and discovered 39 more flawed tests from 2007. All of the errors were the work of a chemist who had since left the department. District Attorney Dan May explained that "only" 9 of the 206 faulty tests actually affected the rights of those accused of committing a crime. In other words, only 9 people that we know of--people who were potentially innocent of any crime--had their lives ruined because of the egregious errors of Colorado Springs lab technician. Questions still remain following the announcement of the massive string of errors, as explained in this article from the Colorado Springs Independent:

Senior chemist Bobby Striebel frankly says he can't explain how a colleague of seven years made mistakes that boosted the alcohol content of some blood samples by more than 40 percent.

"The error was very difficult to identify," he says, with no apparent pattern or equipment failure to explain.

The lingering uncertainty is uncomfortable. Tim Bussey, a Colorado Springs defense attorney who specializes in DUI cases, puts it bluntly: "If they never really identified the problem, how do they fix it?"

These tests were caused by human error or malfeasance. Who knows how many errors are caused by faulty equipment or materials. The bottom line: blood and breath testing for DUIs is a horribly inaccurate "science" for any number of reasons. The continuing pattern of errors in labs across the country is simply further evidence of that fact. Perfection isn't possible and it's not required, but predictable accuracy is. Until that standard is met, innocent people will be convicted of drinking and driving offenses and injustice will continue to reign supreme. Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!

New Jersey Holds Drunk Drivers Can Recover From Bars That Over-Served Them

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Last week, the New Jersey Law Journal reported on a New Jersey appeals court's ruling in Voss v. Tranquilino, A-5431. In Voss, the court addressed the issue of whether a person convicted of drunk driving can then turn around and sue the bar that over-served them for economic and non-economic damages. The defendant in Voss, the bar at which he had been drinking, asserted that it was immune from liability pursuant to the operation of the 1997 anti-drunken driving amendments to motor vehicle insurance law, at N.J.S.A. 39:6A-4.5(b), which specifically state that a driver convicted of DWI in connection with an accident "shall have no cause of action for his or her injuries." The court disagreed, basing its decision on the the legislative intent behind the law:

(The) legislature could not have thought it could reduce the number of drunken drivers by immunizing liquor establishments from their claims and thus providing a disincentive to the licensees...

The court's decision makes sense. Although some might argue that it encourages people to drink and drive, bar owners should not be exempted from dram shop laws when the natural extension of their negligent action occurs: the drunk person operates a motor vehicle and is involved in an accident. Had the person not been intoxicated he or she might not have made the unfortunate decision to operate a motor vehicle while intoxicated. Where the bar's failure to stop serving alcohol to the injured party may have been at least one cause of the accident, the bar should not be absolved from liability by operation of law. Visit Americas Top DUI and DWI Attorneys at www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!