Wednesday, October 31, 2007

YouTube - The answers you need for your DUI case

The answers you need for your Michigan DUI case

Michigan DUI DWI Attorney Patrick Barone provides information on Michigan Drunk Driving Law

False Results - Don't Take a Breath Test!!!

California DUI Attorney Darryl genis proves how a breath test can falsely over-report a breath test by more than double the true amount!!

Sunday, July 08, 2007

Police step up DWI enforcement during the summer

By TERENCE CORCORAN THE JOURNAL NEWS

(Original publication: July 8, 2007)

State, local and county police have made more than 18,000 arrests for driving under the influence on Lower Hudson Valley roads since 2002, yet some drivers still insist on getting behind the wheel after knocking back a few drinks.

Although the number of arrests appears staggering, police agencies throughout Putnam, Rockland and Westchester counties remain undaunted in their year-round efforts to get drunken and drugged drivers off the roads.

"You would think that people would get it by now, that our enforcement is not going away," said state police Lt. Douglas Larkin of Troop K in Westchester. "If you're going to drink, do it at home, designate a driver or hire a taxi. We're not saying there's anything wrong with drinking - just drinking and driving."

A statewide effort targeting intoxicated drivers began June 29 and continues through today to coincide with the July 4 holiday and summer vacations. "The Fourth of July holiday is the second deadliest holiday period in terms of impaired driving. Only New Year's is greater," said Westchester County Executive Andrew Spano. "This type of enforcement saves lives and reduces the number of alcohol-related injuries as well."

Since 2002, DWI arrests have been on the rise in all three counties, save for a couple of years when the numbers went down slightly.

"It's always a priority for the state police to look for DWIs," said Capt. Steven Nevins of Troop F in Rockland. "You find that a lot of fatal accidents involve people driving while intoxicated."

In 2002, police in Rockland made 641 arrests. By 2006, there were 996. Putnam had 295 DWI arrests in 2002. It was up to 397 last year. In 2002, police in Westchester charged 2,338 motorists with DWI. Last year, the number was 2,515.

"For whatever reason, some people aren't getting the message," Larkin said. "If you're still out there drinking and driving, we're going to make sure you get the message."

Westchester STOP-DWI Coordinator Tom Meyer said county police will team with local departments this summer to find and arrest drunken drivers.

"Everyone has a cell phone these days. If you've had too much to drink, call a cab," Meyer said.

Police employ a variety of methods to combat drunken driving. These include fixed sites - where they set up a DWI checkpoint at a specific location - and saturation patrols, in which extra officers are put on the roads to search specifically for intoxicated motorists.

Most drunken-driving arrests are made in the evening and overnight, police said, and most drunken drivers implicate themselves by their inability to drive safely.

"The simple fact is that if you're driving drunk, you're not going to keep the car between the lines," Larkin said. "That's when you'll get pulled over."

Trooper Greg Kalarchian, who works the overnight shift in northern Westchester and was among the leaders in DWI arrests by troopers last year in the county, said many drunken drivers make it easy for police.

"Most DWI arrests come from (traffic) stops. They cross the double-yellow line, they weave, or they got stopped for speeding," Kalarchian said.

Kent Police Officer Raymond Beauchesne is always among the leaders of DWI arrests each year in Putnam County. Beauchesne's success in getting drunken drivers off the road is the result of simple observation: If he sees a car weaving, failing to signal a turn or crossing the double-yellow line, he pulls it over.

"He's a very aggressive officer when it comes to DWIs," Kent police Lt. Alex Divernieri said.

Once the driver rolls down the window, Kalarchian said, it's easy to tell if he or she has been drinking.

"The first thing that hits you is the odor of alcohol -it's so obvious," he said. "I've had a few drivers who know they've been drinking and try to play it down, but the odor on their breath gives them away."

Larkin said the worst aspect of drunken driving is having to respond to the accidents, or worse - having to inform a parent that a son or daughter has been killed in a DWI-related crash.

Despite the increased police efforts and advertising campaigns, some people will continue to break the law, said defense lawyer Glen P. Malia of Cortlandt.

"From my observations, there are two different types of DWI defendants," Malia said."There are those who have made the mistake and will never make it again. It's not a stigma but a personal embarrassment, the entire arrest. ... The other defendants are those who have a drinking problem and are likely to recommit."

Wednesday, June 13, 2007

Movement Afoot To Repeal Breath Tester Mandate - Local News Story - KPHO Phoenix

Movement Afoot To Repeal Breath Tester Mandate - Local News Story - KPHO Phoenix Just like I have said - These devices do notihign to reduce drunk driving, except for the additional business owners who now can afford limousines based on the money they make from these things! PHOENIX -- The Arizona House signaled its support Tuesday for repealing a new requirement that first-time drunken driving offenders install breath-testing ignition interlocks on their vehicles for at least a year after resuming driving. Republican Rep. John Kavanagh of Fountain Hills urged lawmakers to back out of the earlier decision, saying he has since reviewed studies that conclude the devices don't lead to a reduction in traffic accidents or repeat offenses by first-time offenders. "All I am doing is allowing us to gracefully retreat from what appears to have been a mistake until we can get more data and then make a decision based on fact -- and not wishful thinking," said Kavanagh, who had previously voted for the bill containing the interlock requirement. After clearing its first hurdle at the Legislature, the proposed repeal now moves to a formal vote by the House. Supporters of the interlock requirement said it was an alternative to fines and penalties that don't do enough to change offenders' behavior. Opponents said the requirement unfairly burdens first-time offenders. A drunken driving sentencing bill signed into law nearly a month ago by Democratic Gov. Janet Napolitano made Arizona the only state besides New Mexico to have an interlock requirement for first-time drunken driving offenders. The law would take effect later this year. State law now requires repeat drunken drivers or those convicted of extreme or aggravated DUI to use interlocks when their driving privileges are restored. The devices won't allow a vehicle to start if the person's alcohol content is above a certain limit. Republican Rep. Andy Biggs of Mesa, leader of the effort to keep the interlock requirement, said studies show the devices contribute to a reduction in repeat offenses and wrecks. "We may not be able to prevent the first-time offenders, because people get out there and drink, but we can reduce the second-time offenders by using this," Biggs said. Democratic Rep. Chad Campbell of Phoenix, who voted for the bill that contained the interlock requirement but now supports the proposed repeal, said the financial penalties and embarrassment of a drunken driving conviction are probably enough to prevent first-time offenders from making the mistake again. "There is no definitive answer about the impact (the requirement) would have," said Campbell, who, like Kavanagh, had previously expressed reservations about the interlock requirement. Republican Rep. Russell Pearce of Mesa, who wanted to keep the requirement, said the studies cited by repeal supporters were flawed, because some people who were convicted of drunken driving may later operate a vehicle while impaired but may not get caught doing so. "It is your choice not to drive intoxicated," Pearce said. "It is our choice to make that life pretty miserable for you if you make that bad choice."

Friday, June 01, 2007

Scalia's daughter gets probation for DUI - CNN.com

WHEATON, Illinois (AP) -- The daughter of U.S. Supreme Court Justice Antonin Scalia was sentenced to 18 months of court supervision after pleading guilty to drunken driving.

Ann S. Banaszewski, 45, of Wheaton, Illinois, on Wednesday accepted a plea agreement under which prosecutors dropped four other charges including endangering the life of a child and failure to secure a child younger than 8 in a child-restraint system.

She was arrested February 12 while driving away from a fast-food restaurant in Wheaton, 20 miles west of Chicago. Three of her children were inside her 1996 Ford van when someone called police to report a suspected intoxicated driver, authorities have said.

Banaszewski didn't contest the automatic six-month suspension of her driver's license for refusing to take a breath test.

A DuPage County judge also sentenced her to 140 hours of public service and to attend counseling sessions, according to Paul Darrah, a spokesman for the DuPage County state's attorney's office.

Banaszewski's attorney, Donald Ramsell, said the plea agreement was fair to both sides.

Scalia, who began serving on the Supreme Court in 1986, has nine children.

Sunday, May 27, 2007

Lindsay Lohan’s DUI Feature Story

Lindsay Lohan’s DUI Lindsay Lohan’s DUI 27-May-2007 Written by: Jackson Reeves Lindsay Lohan charged with DUI after police find cocaine in her crashed car. Lindsay Lohan, whose movie Georgia Rule premiered May 11, crashed her 2005 Mercedes SL-65 on a curb on Sunset Boulevard, in Beverly Hills, CA at 5:30 a.m. on May 26. Police investigators found what appeared to be cocaine at the scene of the accident. Lt. Mitch McCann stated that Lohan was not in immediate possession of the illegal drug, and that Lohan was released to hospital custody for treatment of minor injuries from the crash. However, police still charged Lohan with the misdemeanor of driving under the influence, since the crash seemed to have resulted from speeding, possibly caused by a cocaine-induced, hyperactive state. The 20-year-old actress and pop singer will need to appear in court to answer the DUI citation, as reported by the website X17 Inc. Earlier this year, Morgan Creek Productions CEO James G. Robinson admonished Lohan, in a now well-publicized memo, for “discourteous, irresponsible, and unprofessional” conduct – probably resulting from the same source as her DUI: her notorious partying lifestyle – during filming of Georgia Rule. Lohan admitted to dabbling with drugs after achieving star status with 2004’s Mean Girls, but she denied ever using cocaine, Vanity Fair reported in its January 2006 issue. The Catholic-raised Lohan cited her estranged father, Michael Lohan’s abuse of cocaine and resultant jail time as her prime reason for her anti-cocaine resolve. However, after exiting rehab for alcohol abuse in early May, Lohan returned to drinking, and grainy pictures surfaced soon-thereafter (and later…a movie version that currently circulates the web!), depicting Lohan snorting a line of cocaine off of a toilet in Teddy’s nightclub in L.A., reported the News of the World. On the day before her car accident, Lohan stated that she was growing more mature and that her notorious partying lifestyle, which aligned her with the likes of Paris Hilton and Britney Spears, was just a character-type that she is dramaturgically trying on for size. She said, “I’m just a girl, but I’m growing up; I’m learning,” as support for her developing maturity and an insistence that she had changed, reported Hollywood.com. Unfortunately, Lohan makes no signs of slowing down in spite of her DUI, with regards at least to alcohol. She has already publicly proclaimed that she will spend her 21st birthday – the first time that she will legally be allowed to drink alcohol – drinking vodka at her Svedka sponsored bash on July 2, as reported by Us Weekly.

Missouri Chemical tests for alcohol content of b

Section 577-020 Missouri Chemical tests for DWI alcohol content of breath or blood

Missouri Revised Statutes

Chapter 577 Public Safety Offenses Section 577.020 August 28, 2006

Chemical tests for alcohol content of blood--consent implied, when --administered, when, how--information available to person tested, contents--videotaping of chemical or field sobriety test admissible evidence.

577.020. 1. Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent to, subject to the provisions of sections 577.019 to 577.041, a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood pursuant to the following circumstances:

(1) If the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition; or

(2) If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law enforcement officer has reasonable grounds to believe that such person was driving a motor vehicle with a blood alcohol content of two-hundredths of one percent or more by weight; or

(3) If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law enforcement officer has reasonable grounds to believe that such person has committed a violation of the traffic laws of the state, or any political subdivision of the state, and such officer has reasonable grounds to believe, after making such stop, that such person has a blood alcohol content of two-hundredths of one percent or greater;

(4) If the person is under the age of twenty-one, has been stopped at a sobriety checkpoint or roadblock and the law enforcement officer has reasonable grounds to believe that such person has a blood alcohol content of two-hundredths of one percent or greater;

(5) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or a readily apparent serious physical injury as defined in section 565.002, RSMo, or has been arrested as evidenced by the issuance of a uniform traffic ticket for the violation of any state law or county or municipal ordinance with the exception of equipment violations contained in chapter 306, RSMo, or similar provisions contained in county or municipal ordinances; or

(6) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or serious physical injury as defined in section 565.002, RSMo.

The test shall be administered at the direction of the law enforcement officer whenever the person has been arrested or stopped for any reason.

2. The implied consent to submit to the chemical tests listed in subsection 1 of this section shall be limited to not more than two such tests arising from the same arrest, incident or charge.

3. Chemical analysis of the person's breath, blood, saliva, or urine to be considered valid pursuant to the provisions of sections 577.019 to 577.041 shall be performed according to methods approved by the state department of health and senior services by licensed medical personnel or by a person possessing a valid permit issued by the state department of health and senior services for this purpose.

4. The state department of health and senior services shall approve satisfactory techniques, devices, equipment, or methods to be considered valid pursuant to the provisions of sections 577.019 to 577.041 and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the state department of health and senior services.

5. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.

6. Upon the request of the person who is tested, full information concerning the test shall be made available to such person. Full information is limited to the following:

(1) The type of test administered and the procedures followed;

(2) The time of the collection of the blood or breath sample or urine analyzed;

(3) The numerical results of the test indicating the alcohol content of the blood and breath and urine;

(4) The type and status of any permit which was held by the person who performed the test;

(5) If the test was administered by means of a breath-testing instrument, the date of performance of the most recent required maintenance of such instrument.

Full information does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the state. Additionally, full information does not include information in the possession of the manufacturer of the test instrument.

7. Any person given a chemical test of the person's breath pursuant to subsection 1 of this section or a field sobriety test may be videotaped during any such test at the direction of the law enforcement officer. Any such video recording made during the chemical test pursuant to this subsection or a field sobriety test shall be admissible as evidence at either any trial of such person for either a violation of any state law or county or municipal ordinance, or any license revocation or suspension proceeding pursuant to the provisions of chapter 302, RSMo.

(L. 1977 S.B. 60, A.L. 1982 S.B. 513, A.L. 1983 S.B. 318 & 135, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 1998 S.B. 634, A.L. 2001 H.B. 144 & 46, A.L. 2006 S.B. 872, et al.)

(1985) The arrested person does not have a choice of which statutory test to take. If a choice were allowed, the person could avoid taking the test by choosing one which was unavailable. Kiso v. King (A.), 691 S.W.2d 374.

(1987) Department of Health rules on approved methods and techniques for chemical analysis of blood alcohol relate to evidence, are procedural and may be applied retrospectively. State v. Kummer, 741 S.W.2d 285 (Mo.App.E.D.).

Tuesday, May 22, 2007

Man busted while drunk driving in wheelchair | Oddly Enough | Reuters

Man busted while drunk driving in wheelchair Oddly Enough Reuters BERLIN (Reuters) - A wheelchair-bound German stunned police when they pulled him over for using the road and found he was 10 times over the legal alcohol limit for drivers. "He was right in the middle of the road," said a spokesman for police in the northeastern city of Schwerin Tuesday. "The officers couldn't quite believe it when they saw the results of the breath test. That's a life-threatening figure." The 31-year-old told police he had been out drinking with a friend and was a little over a mile from home when a squad car stopped him as he passed through the village of Ventschow. Police said that because the man was technically traveling as a pedestrian, he could not be charged with a driving offence. "It's not like we can impound his wheelchair," the spokesman said. "But he is facing some sort of punishment. It's just not clear yet what exactly that will be." Illinois DUI Attorney Donald Ramsell's comments: A Wheelchair is considered a vehicle in most of the United States.

Thursday, May 17, 2007

Scalia's daughter denied bid for restricted license | Chicago Tribune

Scalia's daughter denied bid for restricted license Chicago Tribune Scalia's daughter denied bid for restricted licensePublished May 17, 2007 A DuPage County judge Wednesday denied the daughter of U.S. Supreme Court Justice Antonin Scalia her request for a restricted driver's license.Ann Banaszewski, 45, a Wheaton mother of five, had her license automatically suspended on March 30 for six months when she refused to submit to a Breathalyzer test after being arrested in February on drunken driving charges. Her attorney, Top Illinois DUI Attorney Donald Ramsell, sought a restricted license to allow her to drive her children to school, arguing state law permits such licenses to allow people to drive to and from work during the suspension of their license."She is employed as a homemaker," said Ramsell. "No doubt, this is work, this is employment. This is not for her benefit, but for her children and husband."The request sought permission for her to drive her children from 8 a.m. to 5 p.m. and to AA meetings.DuPage Judge Daniel Guerin ruled the request improper under state law."This is certainly an interesting and progressive viewpoint," he said. "I certainly understand her household chores. But I am limited by the specific language of the state statutes."Ramsell and DuPage prosecutors were unsuccessful in reaching a negotiated settlement of the case before Guerin's ruling.The case has been continued until May 30.

No permit for Scalia's daughter :: CHICAGO SUN-TIMES :: Metro & Tri-State

No permit for Scalia's daughter :: CHICAGO SUN-TIMES :: Metro & Tri-State: "No permit for Scalia's daughter May 17, 2007 The daughter of a U.S. Supreme Court justice lost her bid Wednesday to obtain a temporary driving permit as she fights drunken-driving and child-endangerment charges filed against her in DuPage County. Ann Banaszewski, 45, of Wheaton had her license automatically suspended for six months because she refused to take a breath test after being stopped Feb. 12 by police while she was driving with three of her children in a minivan. Illinois DUI Defense attorney Donald Ramsell on Wednesday unsuccessfully sought a limited judicial driving permit for the daughter of Justice Antonin Scalia, contending she needed to drive her five children to school and other activities. "

Prosecutor fired after pot arrest - 05/17/2007 - MiamiHerald.com

Prosecutor fired after pot arrest - 05/17/2007 - MiamiHerald.com STATE ATTORNEY'S OFFICE Prosecutor fired after pot arrest A Miami-Dade prosecutor was fired after being charged with buying marijuana from a street dealer in Coconut Grove. BY DAVID OVALLE dovalle@MiamiHerald.com function PopupPic(sPicURLx, sHeight, sWidth) { var sPicURL = "/460/v-morephotos/story/109355.html"; y=Math.floor((screen.availHeight-sHeight)/2); x=Math.floor((screen.width-sWidth)/2); window.open(sPicURL,"slideshow","width="+sWidth+",height="+sHeight+",top="+y+",left="+x+",scrollbars=auto,resizable=yes").focus(); } COURTESY OF MIAMI-DADE CORRECTIONS Utpal Dighe Blog Crime Scene Prosecutor Utpal Dighe was fired Wednesday, hours after police say he bought marijuana from a dealer in Coconut Grove. The Miami-Dade state attorney's office has asked the governor's office to appoint a special prosecutor to handle his case, which is routinely done to avoid any conflict of interest. Dighe was charged with one count of third-degree felony purchase of cannabis and one misdemeanor count of cannabis possession. ''As a prosecutor, one is sworn to uphold our criminal laws, not violate them. I cannot tolerate one of my prosecutors behaving as if their oath of office required no personal commitment to the law,'' State Attorney Katherine Fernández Rundle said in a statement. Dighe was booked into Miami-Dade County Jail Wednesday morning and has since posted $6,000 bond. He could not be reached for comment. According to a Miami police arrest report, Dighe pulled up in his black Acura to a dealer on Grand Avenue Tuesday night. Detective Willie B. Smith, of the Crime Suppression Team, says he spotted Dighe buying the drugs. His car was pulled over. According to the police report, he told an officer ``Please, just take it. Let me go. I can't go to jail. . . . I will lose my job.'' Dighe joined the state attorney's office in 2004. In November 2006, he was reprimanded after he approved an 18-month plea bargain for a career criminal accused of stealing a police officer's gun. Dighe offered the plea without consulting police or his supervisors, drawing the ire of the Police Benevolent Association, Miami-Dade's police union. Dighe is the third prosecutor to be arrested during the past 13 months. In March 2006, Ramon Sarmiento was arrested after an off-duty police officer working at the nightclub Space said he found seven Ecstasy pills in the man's pocket. He resigned from the state attorney's office; the charges were later dropped. In January, veteran prosecutor George Cholakis was arrested after police say he drove drunk and hit a scooter ridden by two people, seriously injuring them. He has pleaded not guilty and his trial is pending

Sunday, May 13, 2007

Ohio needs to toughen DUI laws

Times Recorder - www.zanesvilletimesrecorder.com - Zanesville, OH Ohio needs to toughen DUI laws

Why do we continue to tolerate drunks who drive, crash and kill people?

Drunken driving is a huge problem in Ohio. For every 10 cars that drive past you, one is likely to be driven by someone convicted of driving under the influence.

According to Department of Public Safety figures dating back to 1973, there are almost 36,000 drivers with five or more drunken-driving convictions in Ohio. There are 312 people in Muskingum County with five or more DUI convictions, including two with a staggering 16 convictions each.

Last year, 52.9 percent of the 528 people convicted in Muskingum County of operating a vehicle under the influence were repeat offenders. That's far above the state average of 41.2 percent for repeat offenders.

After a run of fatalities at the hands of repeat offenders, the General Assembly is belatedly taking action.

Last week, the Ohio Senate unanimously passed a bill requiring Ohioans with multiple drunken-driving convictions to take breath tests when stopped by police, and to wear bracelets to monitor alcohol levels through their sweat.

Blood-alcohol tests would be mandatory for anyone with two or more DUI convictions.

The measure moves to the House, which likely will consider a proposal that would require anyone convicted of drunken driving to install an ignition-locking device. The device won't allow the car to start if the driver has been drinking.

While they are at it, legislators should close the loophole that ties judges' hands when it comes to repeat offenders. A man in Cincinnati only got six months in jail for his eighth DUI in 30 years because of the time gaps between his convictions.

It's impossible to eliminate drunken driving entirely. But tougher laws and greater vigilance among us all can reduce the number of intoxicated drivers - and the deaths they inevitably cause.

Post a Commen

Tuesday, April 17, 2007

Breath Testers Considered For All DUI Convictions - Local News Story - KPHO Phoenix

6abc.com: Not Your Typical DUI

'Breath-test machines' considered for all DUI convictions - ABC15.com: Phoenix, Arizona News, Weather, Radar, Breaking News, Traffic and Web Cams

'Breath-test machines' considered for all Arizona DUI convictions Just another example of Big Brother trting to hook all of us up to government machines: In a move welcomed by advocates for tougher laws against drunken driving, Arizona legislators are moving toward requiring DUI offenders to use ignition interlocks for at least a year when resuming driving after first convictions. The House is poised to vote on a DUI sentencing bill recently amended to add a requirement that convicted DUI offenders equip their vehicles with the breath-test devices to analyze a person's blood-alcohol content. The ignition interlock system will not allow a vehicle's ignition to operate if the person's alcohol content is below a present limit. "It'll more or less get the weapons out of the hands of the drunk driver," said Ericka Espino, executive director of Mothers Against Drunk Driving of Arizona. "We try and educate people about the effects of drunk driving and the laws and some of the penalties, but unfortunately it's not working." If the requirement for first-time DUI offenders is enacted, Arizona would be following the lead of New Mexico. That state adopted a similar mandate in 2005. Arizona already requires that some DUI offenders use ignition interlocks when their driving privileges are restored but not for first offenders of regular DUI. The House on Thursday approved an amendment by Democratic Rep. David Schapira to add the broadened ignition interlock requirement to a Senate-passed bill of DUI sentencing. Among other provisions, the bill would require 45 days of consecutive jail time for first-time extreme DUI offenders with blood-alcohol content of .20 or higher. Arizona's limits are .08 for regular DUI and .15 for extreme DUI. Currently, a first-time extreme DUI conviction requires 30 consecutive days of jail, but a judge can suspend all but 10 of the 30 days. The bill's sponsor, Republican Sen. Jim Waring of Phoenix, said he supported Schapira's addition to his bill - one of several DUI measure's he's sponsoring this year - as long as it doesn't jeopardize passage of the original measure. "There are a lot of victims rooting for this bill," Waring said of the stricter sentencing provisions that he said are aimed at experienced hard-core drinkers who repeatedly drink drive. Schapira, whose amendment drew bipartisan support during Thursday's floor session, said the ignition interlock requirement would augment tougher sentences, partly by taking the decision of whether somebody is fit to drive out of their hands. "We need some further deterrent," he said. "We've got to think outside the box." Cost for the devices, typically $120 for installation and $60-$70 a month for monitoring, would be borne by offenders, Schapira added. Advocates voiced support during interviews Monday. "Anything that's going to make it more difficult for people to get behind the wheel when they've been drinking just makes sense," said Dale Norris, a retired Phoenix police officer who is executive director for the Arizona Police Association. The father of Rob Targosz, a Gilbert police officer killed in a crash involving a man accused of drunken driving, said the state needs to try whatever technological means are available to combat drunken driving. "Most of these accidents occur with the repeat offenders so we' trying to do what we can to lessen the number that are lost every year," said Gene Targosz of Phoenix. The New Mexico Legislature this year expanded that state's requirement to require people who moved to New Mexico with a drunken driving conviction to install an ignition interlock in their vehicle. New Mexico's 2005 law requires interlocks for all New Mexicans convicted of drunken driving - one year of the device for a first offense, two years for a second offense, three years for a third offense and lifetime for four offenses or more.

West Virginia DUI Laws

Charleston Daily Mail recently printed this article on West Virginia DUI Laws: W.Va.'s DUI laws need to be tough Print Story Email Story WEST Virginia's prisons and jails are filled beyond their designed capacities. The 10 regional jails have 1,200 more people than they were designed to hold. The main reason is that those jails house 1,300 people who are waiting to be transferred to prisons. To ease the burden, state Sen. Dan Foster, D-Kanawha, proposed revising the penalties for driving under the influence. Instead of sending people who are convicted of third-offense DUI to prison, Foster proposed the state send them to jail instead, requiring community service and alcohol counseling. But at what price? The question goes beyond dollars and sense, and is measured also in lives. The National Highway Traffic Safety Administration has the statistics to bear this out. Back in the bad old days of 1983, drunken drivers killed 253 people on the roads of West Virginia. Alcohol-related deaths accounted for 60 percent of those killed in traffic fatalities in the state that year. Tougher DUI laws cut those deaths in half. That same federal agency reported that in 2005, drunken drivers killed 126 people in West Virginia. Only 34 percent of the traffic deaths in the state that year were alcohol-related. Under Foster's proposal, more than 200 drunken drivers would be transferred from prison to jail. The bill did not progress, so it's back to the drawing board. Many good people are trying to find answers to overcrowded prisons, overcrowded jails, the cost of public defenders, rising county jail bills, and more. These are real problems. But simply defining deviance down is not the solution. Donna Hawkins, executive director of the state's chapter of Mothers Against Drunk Driving, opposed the bill Foster introduced. "We realize that there is the overcrowding, but DUI is a violent crime and needs to be recognized as such," Hawkins said. The state should not change criminal penalties at the risk of raising the death toll from drunk drivers. A policy of tolerating deviance produces real victims. A state that went from 253 alcohol-related traffic deaths in one year to 126 alcohol-related traffic deaths some 22 years later obviously is doing something right.

Monday, April 16, 2007

Beacon News :: News :: Drug court forum brings tears, rage

Beacon News :: News :: Drug court forum brings tears, rage Drug court forum brings tears, rage April 13, 2007 By MATT HANLEY Staff Writer The fact that two Batavia police officers had to be called to a forum about former Kane County Judge Jim Doyle's drug court -- almost a year after the judge stepped down -- demonstrates how much passion still surrounds the issue. At a meeting called by State Sen. Chris Lauzen Wednesday night, angry accusations and tearful endorsements filled a tense and bizarre hour. Some grads talked about how drug court saved them from certain ruin. RELATED STORIES• New fee supports drug court "Now I'm a good mother to my kids," drug court grad Virginia Tribble testified. "I love that man for what he has done for my life." But others got up and said that for all the good Doyle's drug court did, the program had faults. "Was Jim Doyle a bad man?" asked Tom Ratz, a former drug court participant. "No, but he made mistakes, in my book." Ratz was one of the defendants who felt his civil rights were trampled by Doyle, who forced him to stay in drug court too long and jailed him unfairly, according to Ratz. After the program started in 2000, hundreds of people came through Doyle's courtroom, where they were given a chance to avoid prison while they worked to break their addiction. Doyle received national praise as the program grew to more than 700 participants. But in November 2004, the state Judicial Inquiry Board accused Doyle of abusing "the powers of his office by systematically violating the constitutional and statutory rights of criminal defendants." In June of 2006, Doyle retired before either he or the JIB could present their cases. Judge William Weir now runs the drug court. Weir was not present at the meeting Tuesday, and Doyle declined to speak about the investigation or the JIB Wednesday. Since Doyle's resignation, Lauzen has taken up the case, asking to know how much the JIB spent on its investigation of Doyle. "When a state agency comes after a good person, you have to push back," Lauzen said. "It ain't their money; it's your (taxpayers') money." Lauzen, R-Aurora, called Wednesday's meeting at the Batavia VFW after he was denied the right to speak for six minutes at a state appropriations committee, where Lauzen wanted to present charts showing how successful Doyle's court had been. But Lauzen says he wasn't allowed to speak. "My father was wounded twice (in war)," Lauzen said, adding that his son is an active Marine. "They do not put their lives on the line to muzzle free speech." Lauzen is asking for leadership change in the JIB and more openness. No members of the board were present, and Lauzen did not address the concerns raised in the complaint against Doyle. Anger from people who felt the forum was biased -- particularly Ratz's regular outbursts -- led the police to be called, although the officers stood in the back and made no arrests. No official stance or plan of action was taken at the meeting, but it was recorded to be shown on cable TV at a future date. "There were moments that were difficult, but that's what happens in a country with free speech," Lauzen said after the meeting. "The people who wanted to do damage interrupted."

Sunday, April 15, 2007

Woman dead, man arrested in San Francisco suspected DUI crash in the Sunset

Woman dead, man arrested in suspected DUI crash in the Sunset

A San Francisco woman is dead and a man has been arrested after what police are calling a drunken driving crash in the Sunset District early today.

The solo vehicle crash occurred around 2:30 a.m. as a black Honda was turning onto eastbound Lincoln Way from southbound Great Highway and crashed into the center divide on Lincoln Way, said police Sgt. Steve Mannina.

A female passenger, identified by the Medical Examiner's office as Janice Kim, 28, was transported to the hospital, where she was pronounced dead. Another passenger, a 29-year-old man from San Francisco, was also taken to the hospital with injuries, Mannina said. He did not know the extent of the man's injuries or his current condition.

The driver, whose name is not being released, was also taken to San Francisco General Hospital, where he was treated for injuries and released. Police arrested him on charges of felony driving under the influence and vehicular manslaughter, Mannina said.

Mannina said the driver was wearing his seatbelt, but police are unsure whether the two passengers, both of whom were in the backseat, were belted in.

Investigators are also unsure how fast the car was going when it crashed, he said.

Monday, April 09, 2007

Kansas Court of Appeals says single weave not a basis to stop car

No. 94,503 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. FRED L. ROSS, Appellant. SYLLABUS BY THE COURT 1. In reviewing a district court's ruling on a motion to suppress evidence, an appellate court must determine whether there is substantial competent evidence to support the district court's factual findings and then examine anew whether the facts require the suppression of evidence at trial. 2. When an issue turns on the interpretation of a statute, a matter of law over which an appellate court's review is unlimited, the object is to determine the legislature's intent. 3. When the language of a statute is unambiguous, courts give effect to the legislature's intent as expressed. In doing so, words not otherwise defined are given their common, ordinary meanings. 4. The Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights prohibit the government from conducting unreasonable searches and seizures. Courts determine reasonableness in this context by balancing the State's interest against the individual's interest to be secure from unwarranted governmental intrusion. 5. K.S.A. 22-2402 requires a showing of reasonable suspicion of criminal activity before a law enforcement officer can conduct a stop. 6. Because the stop of a vehicle on a public roadway always constitutes a seizure, an officer must have specific articulable facts and reasonable inferences that criminal activity has occurred, is occurring, or is about to occur to justify the stop. 7. K.S.A. 8-1522(a) requires a vehicle to be driven as nearly as practicable entirely within a single lane and not to be moved from such lane until the driver has first ascertained that such movement can be made with safety. "As nearly as practicable" connotes something less than the absolute. Thus, failure to maintain a single lane does not necessarily constitute a violation of K.S.A. 8-1522(a). 8. The essential gravamen of K.S.A. 8-1522(a) requires a showing that a vehicle's movement from a lane of traffic cannot be made with safety. 9. When a criminal defendant moves to suppress evidence based upon a claimed illegal stop, the burden shifts to the State to establish that the officer had reasonable suspicion to effect the stop. In the context of an alleged violation of K.S.A. 8-1522, this requires more than a showing by the State that a defendant's vehicle moved from the regular lane of travel, since it is not illegal to change lanes when it is not done in violation of some other statute and it is safe to do so. 10. In articulating reasonable suspicion that a violation of K.S.A. 8-1522 has occurred in order to justify a traffic stop, the totality of the circumstances must make it appear to the officer that not only did the defendant's vehicle move from its lane of travel, but it left its lane when it was not safe to do so. Appeal from Harvey District Court; JOE DICKINSON, judge. Opinion filed January 19, 2007. Reversed. William Drexler, legal intern, and Nathan B. Webb, of Kansas Appellate Defender Office, for appellant. Jay Sizemore, assistant county attorney, and Phill Kline, attorney general, for appellee. Before McANANY, P.J., PIERRON, J., and BUKATY, S.J. McANANY, J.: Officer Brandon Huntley followed a northbound automobile driven by Fred L. Ross on Interstate 135 near Newton for about 2 miles when he observed Ross' automobile cross over the fog line, the solid white line at the right edge of the outside lane. This occurred only once. Huntley pulled Ross over for this infraction. Huntley explained to Ross that he stopped him because, although it was not "any real big deal," his vehicle had crossed the fog line a little. The officer assured Ross that he would not receive a ticket because it was a little windy. When the officer requested identification, however, Ross provided only an out-of-state identification card. Ross informed the officer that his license had expired, and the officer confirmed Ross' statement through dispatch. The officer then arrested Ross for driving without a valid driver's license. While Ross was handcuffed, the officer searched Ross' pockets, locating a ratchet socket and $642. The socket contained a piece of Brillo pad and some white residue. When Ross was taken to jail, a further search of his person yielded a cellophane wrapper containing white rocks which, along with the residue in the socket, later proved to be cocaine. The State charged Ross with possession of cocaine; possession of drug paraphernalia; driving with a canceled, revoked, or suspended license; and failing to maintain a single lane. Ross moved to dismiss the charges at the preliminary hearing, arguing that the traffic stop was not supported by reasonable suspicion of criminal activity. His motion was denied. He renewed the motion at trial, and again it was overruled. Following a bench trial Ross was convicted on all but the license charge. He received a sentence of 13 months in prison but was granted 12 months' probation. Ross now appeals. He challenges the district court's determination that the traffic stop was justified by reasonable suspicion that he violated K.S.A. 8-1522(a) by crossing the fog line. He argues that his conduct under the circumstances did not constitute a violation of K.S.A. 8-1522(a). If he is correct, his conviction for violating K.S.A. 8-1522(a) must be reversed, along with his convictions for possession of cocain and drug paraphernalia since all the evidence that supports these drug convictions was obtained as a result of the traffic stop. In reviewing the district court's ruling we look to see if there is substantial competent evidence to support the court's factual findings and then examine anew whether the facts require the suppression of evidence at trial. See State v. Green, 32 Kan. App. 2d 789, 792, 89 P.3d 940, rev. denied 278 Kan. 849 (2004). When the issue turns on the interpretation of a statute, a matter of law over which our review is unlimited, we seek to determine the legislature's intent. When the language of a statute is unambiguous, we give effect to the legislature's intent as expressed. In doing so, we give words not otherwise defined their common, ordinary meanings. State v. Bryan, 281 Kan. 157, 159, 130 P.3d 85 (2006). The Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights prohibit the government from conducting unreasonable searches and seizures. Courts determine reasonableness in this context by balancing the State's interest against the individual's interest to be secure from unwarranted governmental intrusion. Terry v. Ohio, 392 U.S. 1, 20-21, 20 L. Ed. 2d 889, 88 S. Ct. 1868 (1968). K.S.A. 22-2402, which codifies Terry, requires a showing of reasonable suspicion of criminal activity before a law enforcement officer can conduct a stop. State v. Field, 252 Kan. 657, 659, 847 P.2d 1280 (1993). Because the stop of a vehicle on a public roadway always constitutes a seizure, an officer must have specific articulable facts and reasonable inferences that criminal activity has occurred, is occurring, or is about to occur to justify the stop. State v. McKeown, 249 Kan. 506, 510, 819 P.2d 644 (1991). Ross was stopped for a claimed violation of K.S.A. 8-1522(a). The statute, in relevant part, provides: "Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply. "(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety." K.S.A. 8-1522. Ross argues that because the statute only requires a driver to maintain a single lane "as nearly as practicable," his failure to maintain a single lane does not necessarily constitute a violation of K.S.A. 8-1522(a). We agree. "As nearly as practicable" connotes something less than the absolute. Automobiles are not railway locomotives. They do not run on fixed rails. Obviously, K.S.A. 8-1522(a) does not prohibit a vehicle from changing lanes. A driver is permitted to exercise, rather is required to exercise, discretion in deciding when and whether to change lanes. We need not drive through a pothole in the road and damage our vehicle in the process when we may safely avoid it by changing lanes or moving partially onto the shoulder of the roadway. K.S.A. 8-1517 permits us to leave our regular lane of travel to pass a slower moving vehicle when we overtake it. A stalled automobile or a fallen tree limb in the roadway ahead does not require us to wait for its removal. We drive around it. In doing so, the essential gravamen of K.S.A. 8-1522(a) comes into play. We may move from our lane of travel only after first determining it is safe to do so. The issue is whether Officer Huntley, under the circumstances presented, had reasonable suspicion of a violation of K.S.A. 8-1522(a) to justify a traffic stop. When a defendant moves to suppress evidence based upon a claimed illegal stop, the burden shifts to the State to establish that the officer had reasonable suspicion to effect the stop. See State v. Shelton, 278 Kan. 287, 292, 93 P.3d 1200 (2004). In the context of an alleged violation of K.S.A. 8-1522, this requires more than a showing by the State that a defendant moved from the regular lane of travel, since it is not illegal to change lanes when it is not done in violation of some other statute and it is safe to do so. Thus, in articulating reasonable suspicion that a traffic offense has occurred in order to justify the traffic stop, the totality of the circumstances must make it appear to the officer that not only did the defendant's vehicle move from its lane of travel, but it left its lane when it was not safe to do so. The present case stands in interesting contrast to United States v. Cline, 349 F.3d 1276 (10th Cir. 2003). Cline dealt with the legality of a traffic stop for crossing the fog line in violation of the same Kansas statute. However, in Cline the trooper observed the defendant's vehicle cross the fog line and almost strike a bridge rail. "He further testified . . . that nearly striking a bridge abutment was a dangerous driving violation." 349 F.3d at 1287. In United States v. Gregory, 79 F.3d 973 (10th Cir. 1996), the officer observed the defendant's van cross 2 feet onto the right shoulder of the emergency lane on an interstate highway in Utah. The Utah statute was identical to the Kansas statute now before us. The officer testified that the defendant's conduct could indicate he was sleepy or intoxicated. One of his reasons for stopping the defendant was "to see if the driver was awake." 79 F.3d at 976. The court in Gregory observed: "The road was winding, the terrain mountainous and the weather condition was windy. Under these conditions any vehicle could be subject to an isolated incident of moving into the right shoulder of the roadway ,without giving rise to a suspicion of criminal activity. The driver may have decided to pull over to check his vehicle and then have a sudden change of mind and pulled back into the traffic lane. Since the movement of the vehicle occurred toward the right shoulder, other traffic was in no danger of collision. These facts lead us to conclude that the single occurrence of moving to the right shoulder of the roadway which was observed by Officer Barney could not constitute a violation of Utah law and therefore does not warrant the invasion of Fourth Amendment protection." 79 F.3d at 978. In the present case, Ross was proceeding northbound on I-135 near Newton. We presume that the right shoulder of the highway was paved, as is the normal situation, since there is no evidence to the contrary. There was no testimony that there was any obstacle or barrier on the shoulder that presented an immediate danger. There was no testimony that sand, gravel, or debris on the shoulder presented a hazard to a motorist who directed his or her vehicle onto the shoulder. There was not testimony that Huntley was concerned that the driver might have been falling asleep or was intoxicated. Ross' vehicle was not weaving back and forth on the roadway. He was not using the paved shoulder as a regular lane of travel. He crossed the fog line only briefly, for only a short distance, and only once. In short, there was no reasonable suspicion that Ross was engaged in the conduct that is at the heart of the statute: moving a vehicle from its lane of travel without first ascertaining that it could be done safely. Absent any such concern on Huntley's part, there was no reasonable suspicion to warrant stopping Ross and, therefore, insufficient evidence to support his convictions. The district court erred in not suppressing the evidence obtained by this unsupported governmental intrusion. Reversed. END Keyword Name » SupCt - CtApp Docket Date Comments to: WebMaster, kscases@kscourts.org.Updated: January 19, 2007.URL: http://www.kscourts.org/kscases/ctapp/2007/20070119/94503.htm.

Friday, April 06, 2007

Justices hear arguments concerning new DWI analyzer | Home News Tribune Online

Justices hear arguments concerning new DWI analyzer: "Justices hear arguments concerning new DWI analyzer Home News Tribune Online 04/6/07 By MICHAEL RISPOLI GANNETT STATE BUREAU mrispol@gannett.com TRENTON — As some 10,000 people await sentencing on drunken-driving charges, the reliability of the new machine used by the police to measure blood-alcohol levels was argued before a crowded state Supreme Court Thursday. At the center of the debate likely to set the foundation of future DWI cases is the Alcotest, a new blood-alcohol analyzer seen by many as an improvement upon the decades-old Breathalyzer. But defense lawyers challenge the test's accuracy, saying that because it has not been independently tested and verified there is no way of telling if it is as accurate as the state and its manufacturers claim it to be. 'We don't know whether (the machine) is ultimately reliable because they haven't given us the information as to how the machine actually runs,' said Evan M. Levow, a Cherry Hill lawyer and member of the defense team. Drager Safety Diagnostics, which manufactures the Alcotest, in the past had refused requests to review of the machine's internal software code, calling it proprietary information, but a tentative deal agreed to by both sides in the legal dispute would allow an independent software house to do a line-by-line analysis of the code. Whether or not this agreement goes forward depend on the Supreme Court's decision. Unlike the Breathalyzer, the Alcotest does not rely on the operator — in most cases a police officer — to properly judge the results. Rather, after the suspect blows into the machine, a printout of the results comes straight from the computer to read. In February, a 268-pa"

Scalia's Daughter Hires Top DUI Attorney - News Story - WMAQ | Chicago

Scalia's Daughter Hires Top DUI Attorney - News Story - WMAQ Chicago: "Scalia's Daughter Hires Top DUI Attorney 45-Year-Old Mom Also Charged With Child Endangerment POSTED: 8:21 am CST February 16, 2007 CHICAGO -- The daughter of a U.S. Supreme Court justice has retained a prominent DUI attorney to fight charges she drove drunk with three children in her van. Ann S. Banaszewski, 45, was arrested Monday by Wheaton police as she drove away from a McDonald's. Banaszewski, the daughter of Justice Antonin Scalia, is facing charges of drunken driving and child endangerment. Attorney Donald Ramsell said he will represent Banaszewski. 'She's a good mom, she's a good wife, a good family person,' he said of his client. Copyright 2006, Chicago Sun-Times Inc."

FresnoBee.com: California: Santa Clara County program brings DUI trials to high schools

Searching for a California DUI Attorney? Visit Americas Top DUI Attorneys FresnoBee.com: California: Santa Clara County program brings DUI trials to high schools: "Santa Clara County program brings DUI trials to high schoolsBy JORDAN ROBERTSON04/06/07 16:34:06 Mark Flores' drunken driving case started last fall when his Lincoln Continental was spotted weaving on a residential street at 2 a.m. A blood test after his arrest revealed an alcohol level at nearly twice the legal limit. The case ended Friday with Flores' conviction in the most unusual of courtrooms: a high school auditorium in front of about 100 fidgety teenagers. Flores, 25, a full-time student in graphic arts, agreed to have his case tried at James Lick High School in San Jose as part of a state-funded program that exposes seniors to real drunken driving trials. He faced a real judge and prosecutor, and he is scheduled to be sentenced later this month on the two misdemeanor DUI offenses. Although first-offense cases like his usually lead to punishments of six days in a weekend work program and a $1,600 fine, defendants who agree to have their cases heard in high schools are offered more leniency. The lighter sentences range from reduced penalties to waiving the fine outright and giving defendants credit for time served. Flores felt nervous and embarrassed on stage, but said he connected with the students in a short speech after the hearing. 'I'm not going to lie - at first I took it because of the deal,' he said. 'But I'd do it again. Now, I don't know if I'd do it on my own time, but I'd do it without the deal if the court wanted me to.' Defendants are selected by the county public defender's office and are usually close to high-school age. The cases often have such overwhelming evidence the defendants would have been urged to plead guilty anyway, said J.J. Kapp, Flores' defense lawyer and a supervisor "

Cincinnati DUI checkpoints go up Friday

The Enquirer - DUI checkpoints go up Friday: "DUI checkpoints go up Friday THE ENQUIRER E-mail Print digg us! del.icio.us! The Cincinnati Police Department and Ohio State Highway Patrol will conduct a DUI checkpoint Friday night somewhere in the city. They won't say where it will be until Friday morning. Checkpoints have become increasingly popular ways to apprehend drunk drivers and cite motorists for traffic violations. Find a Cleveland Ohio DUI Attorney Lawyer to defend you now at Americas Top DUI Attorney Website! Last Friday, Cincinnati police had a DUI checkpoint on Hamilton Avenue at North Bend Road in College Hill 11 p.m. to 3 a.m. They said 711 vehicles passed through in that time. Eight drivers were arrested for drunk driving, six drivers were arrested for driving under suspension, and 105 drivers or occupants were cited for failure to wear a seat belt."

POST-TRIBUNE :: News :: DUI patrols boosted during Dyngus Day

POST-TRIBUNE :: News :: DUI patrols boosted during Dyngus Day: "DUI patrols boosted during Dyngus Day April 6, 2007 --Compiled from staff reports The LaPorte County DUI Taskforce will add patrols on Monday to coincide with Dyngus Day festivities. Additional patrols will consist of at least nine additional deputies and officers, and will begin late Monday afternoon and conclude in the early morning hours of Tuesday. LaPorte County Sheriff's Office and LaPorte and Michigan City Police departments will target impaired and erratic drivers. The city of LaPorte will have Transporte buses available for tavern tour participants until 12:30 a.m. Tuesday, and Michigan City Municipal Coach will offer public transportation until 6:10 p.m." COMMENT: Michigan's Top DUI Attorney, Patrick Barone, is always ready to provide a free consultation.

Tests differ in DUI arrest of police chief's daughter due to inaccurate breath tests- Phoenix, Arizona

Tests differ in DUI arrest of chief's daughter - ABC15.com: Phoenix, Arizona News, Weather, Radar, Breaking News, Traffic and Web Cams Blood tests just released from Scottsdale police could clear 21-year-old Cody Rodbell of drunk driving charges. The tests reveal Rodbell's blood alcohol level at .071, below the legal limit in Arizona of .08, Rodbell was picked up in March for suspicion of drunk driving. An officer clocked her at 17 miles per hour over the speed limit. A portable breath test showed her blood alcohol content as .081 percent. The discrepancy raises questions on how accurate portable breathalyzer tests are to determine blood alcohol content. Members of law enforcement defend them. "They serve a purpose. They determine whether there's probable cause to arrest a drunk driver." said Sgt. Mark Clark, with Scottsdale Police The department has forwarded the blood alcohol results to the County Attorneys office where it will be determined whether the charges will be dropped. COMMENT: It is a well known fact that portable police breath testers are highly inaccurate. They lack such protections as mouth alcohol detectors, interfering substance detectors, and radio frequency interference shielding. NHTSA even issued an advisory about some PBT's that carryover alcohol from test to test. They should not be allowed as a basis for arresting people, when their results are so unreliable. Sadly, however, most states allow for their use because most politicians and courts cater to police demands, and police misrpresentations about these devices. Never EVER agree to blow into one of these things!!

Top court to rule on New Jersey DWI test

North Jersey Media Group providing local news, sports & classifieds for Northern New Jersey! The state's highest court will determine the reliability of a new machine that many police departments in New Jersey are using to test a driver's blood-alcohol content. For police officers, the Alcotest is the latest technology to combat drunken driving. But for defense attorneys, innocent people could be convicted if it's not accurate. document.write(''); "The instrument has potential," said defense attorney Samuel Sachs, "but unless we can verify it, we can't trust it." Sachs and other defense attorneys who represent clients accused of drunken driving told the state Supreme Court in Trenton on Thursday that they want to perform their own tests before deciding the Alcotest's accuracy. But lawyers for the state Attorney General's Office argued that enough tests have been done to determine the machine is reliable. They said all police departments in New Jersey should be equipped with the latest and best technology. Fast facts Breathalyzer: A meter measures alcohol in the breath. Courts have held it's accurate, but authorities say there can be errors, mostly with how police interpret the test. Used in Bergen, Passaic, Hudson, Essex and Monmouth counties. Alcotest: Shoots a beam of infrared light through a breath sample and prints out a paper showing a driver's blood-alcohol level. Proponents say there's no room for human error, but reliability is being debated. Used in 17 counties, including Passaic, where both devices are deployed. "Everything has been put on the table," said Assistant Attorney General Boris Moczula, adding that the state is confident the Alcotest is "100 percent reliable." The ruling is important to police departments in Bergen, Hudson and Passaic counties, which have been waiting for the case to make its way through the justice system before acquiring the Alcotest. The justices gave no indication of when they would issue a ruling. While police departments in 17 counties are equipped with the Alcotest, North Jersey police have had to rely on the Breathalyzer, a 50-year-old machine that is no longer being manufactured. The holdup has put law enforcement agencies in a pinch because they've been forced to use technology that has been phased out elsewhere. Making matters worse, some departments were running dangerously low on ampules, glass containers filled with chemicals that are needed to get readings from the Breathalyzer. The company that made the ampules, Draeger Safety Diagnostics, stopped producing them, and said it would only make more batches if police departments came up with $500,000 to cover manufacturing costs. But chiefs in Bergen County did more research and eventually found a Canadian company that still made them. Because the ampules were being shipped from outside of the country, they first had to get approval from the Food and Drug Administration. "We're OK now, and we still have our Breathalyzers in service," said Ramsey Police Chief Brian Gurney. New Milford Police Chief Frank Papapietro said now that there has been a temporary fix to the problem, departments are trying to figure out how to move forward. "We're just waiting to hear back from Trenton," Papapietro said. "Hopefully, this will all be behind us soon." Some police chiefs said that even though they found a company that sells the ampules -- and even if the court approves the Alcotest -- more needs to be done to solve their DWI testing problems. "We're not out of the woods yet," said Washington Township Police Chief William Cicchetti, who is also president of the New Jersey Traffic Officers Association. "We still have to be trained on the Alcotest, and that hasn't started. It's not as if we get the machines and just start testing people -- we have to be prepared." Sachs, the defense attorney, said he's willing to be patient because the fate of potentially innocent clients hangs in the balance. Falsely accusing someone of DWI has a "devastating effect on the rest of their lives," Sachs said after the hearing. He said trusting the manufacturer or lawyers for the state on the Alcotest's reliability isn't good enough. " 'Trust me' is not good enough for the state of New Jersey," he said. "Not when it's trial by machine."

Thursday, April 05, 2007

Speed Control Bikini Bandits

S&M DUDE GETS DUI

Chris Rock: How Not to Get Your Ass Kicked by the Police

Male firefighter in hot bikini arrested on drinking charge - CNN.com

Male firefighter in hot bikini arrested on drinking charge - CNN.com: "Male firefighter in hot bikini arrested on drinking charge POSTED: 2:18 p.m. EDT, April 5, 2007 Adjust font size: MASON, Ohio (AP) -- A man wearing a woman's wig and a bikini was charged with taking a drunken afternoon romp through an Ohio park, officials said. Steven S. Cole, a 46-year-old volunteer firefighter, told an officer he was on his way to a Dayton bar to perform as a woman in a contest offering a $10,000 prize, the arrest report said. He pleaded not guilty Thursday to charges of drunken driving, public indecency and disorderly conduct. Cole was arrested Tuesday after police received a report that an intoxicated man was walking and driving around Heritage Oak Park in Mason. Police said Cole was wearing a blond wig, pink flip-flops and a red-black-and-white striped bikini with the top filled out by tan water balloons. His blood-alcohol test registered 0.174, more than twice Ohio's legal driving limit of 0.08, the arrest report said. Cole remained free on his own recognizance until trial, set for May 24. Messages left for Cole and his attorney, Charles Rittgers, were not immediately returned. Cole has been a Wayne Township firefighter since 2000. Township officials said he will be placed on administrative leave. Copyright 2007 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed. Florida housing sex offenders under bridge The sparkling blue waters off Miami's Julia Tuttle Causeway look as if they were taken from a postcard. But the causeway's only inhabitants see little parad ... "

10 years jail for DWI

Brenham Banner-Press Online Edition: "Brenham man gets 10 years probation after another DWI Wednesday, April 4, 2007 3:28 PM CDT A Brenham man has been placed on probation for an automobile accident last year that involved alcohol. Thomas Zachary Taylor Jr., 48, 406 W. Fifth St., No. 15, was sentenced here Tuesday in a plea bargain agreement in district court, Judge Terry Flenniken presiding. Taylor was sentenced to 10 years in state prison for driving while intoxicated (third offense) and intoxication assault, but was placed on probation for 10 years for both cases. Authorities said Taylor was involved in an April 24, 2006 accident that resulted in injuries to other people. Taylor must also spend every weekend over the next three months in the Washington County jail. His driver's license was suspended for 180 days. Taylor must also pay $100 to the EMS Trauma Fund, restitution to be determined (in both cases), perform 250 hours of community service, undergo drug/alcohol evaluation and treatment, complete DWI education and intervention programs, submit to urinalysis and attend a victim impact panel meeting. In another court case, Scott Ancheta, 26, 1816 Carriage Club Drive, Cedar Park, Texas, was sentenced to one year deferred adjudication probation for theft ($500-$1,500). He was also fined $750 and ordered to pay court costs and a one-time $75 supervision fee, and to report by mail to his probation officer. Community service requirements were waived. "

Gainesville Officer Dies; Student To Be Charged With DUI Manslaughter - News Story - WPLG Miami

Gainesville Officer Dies; Student To Be Charged With DUI Manslaughter - News Story - WPLG Miami: "Gainesville Officer Dies; Student To Be Charged With DUI Manslaughter Atlantic Beach Driver's Bond Set at $500,000 POSTED: 4:37 pm EDT April 4, 2007 GAINESVILLE, Fla. -- The 21-year-old Atlantic Beach man accused of running down a Gainesville police lieutenant with his pickup truck after celebrating the Gators' NCAA victory early Tuesday morning is expected to be charged with DUI manslaughter after the officer died on Wednesday. Austin Wright was charged with DUI and leaving the scene of an accident causing serious bodily harm. Appearing by remote camera from the Alachua County Jail, Wright was ordered held on $500,000 bond. The judge told him that if he did make bond, he will be prohibited from drinking alcohol, must adhere to a curfew, check in daily with court officials and wear a GPS monitoring device."

DUI suspect admits to having a fake residency card

DUI suspect admits to having a fake residency card: "DUI suspect admits to having a fake residency card Eugene Scott The Arizona Republic Apr. 4, 2007 09:38 AM Louis Barroso Zuniga, 22, of Phoenix, was arrested in south Tempe Tuesday night on suspicion of extreme DUI and failure to provide identification. According to police, he was in possession of a permanent resident card that he admitted to police he knew was fake. Barroso Zuniga was arrested at 10:44 p.m. in the 500 block of Warner Road after police noticed he was not staying in his lane on Kyrene Road. When police pulled him over, according to the report, they noticed an odor of alcohol and the results of his breathalyzer were above the legal limit, police said. "

Official's wife gets usual DUI sentence - Orlando Sentinel : Lake County News Official's wife gets usual DUI sentence - Orlando Sentinel : Lake County News

Official's wife gets usual DUI sentence - Orlando Sentinel : Lake County News Official's wife gets usual DUI sentence - Orlando Sentinel : Lake County News: "Official's wife gets usual DUI sentence Kay Ellen Kershaw told the arresting Umatilla officer that her husband was a state prosecutor. Stephen Hudak Sentinel Staff Writer Posted April 5, 2007 TAVARES -- If the wife of an assistant state attorney tried to escape a DUI charge by dropping her husband's name, she failed, a prosecutor said Wednesday. Kay Ellen Kershaw, 40, who pleaded guilty to driving under the influence of alcohol, received the standard sentence for first-time DUI offenders. 'People say all kinds of stuff when they get arrested,' said Kevin Sullivan, an assistant state attorney in Volusia County who was assigned the case by then-Gov. Jeb Bush. 'Obviously she didn't get out of anything.' When stopped Dec. 4 for speeding and swerving in Umatilla, Kershaw told arresting Officer Jarrett Horton that her husband, James, was an assistant state attorney in Tavares. While Horton was writing her ticket, she also drove off -- twice. Horton tacked on a fleeing charge, but Sullivan dismissed the felony. 'When she quote-unquote fled and eluded, in my opinion, that was a result of her intoxication,' Sullivan said. 'She"

The Enquirer - DUI checkpoints go up Friday

The Enquirer - DUI checkpoints go up Friday The Cincinnati Police Department and Ohio State Highway Patrol will conduct a DUI checkpoint Friday night somewhere in the city. They won't say where it will be until Friday morning. Checkpoints have become increasingly popular ways to apprehend drunk drivers and cite motorists for traffic violations. OAS_AD('ArticleFlex_1'); Last Friday, Cincinnati police had a DUI checkpoint on Hamilton Avenue at North Bend Road in College Hill 11 p.m. to 3 a.m. They said 711 vehicles passed through in that time. Eight drivers were arrested for drunk driving, six drivers were arrested for driving under suspension, and 105 drivers or occupants were cited for failure to wear a seat belt.

Print Story: Ala. woman on horseback charged with DUI on Yahoo! News

Ala. woman on horseback charged with DUI on Yahoo! News: "Ala. woman on horseback charged with DUI Wed Apr 4, 7:42 PM ET A woman used a horse to ram a police car during a midnight ride through town and was charged with driving under the influence, police said. DUI charges can apply even if the vehicle has four legs instead of wheels, Chief Brad Gregg said Tuesday. Police in the northeast Alabama town received a call around midnight Saturday about someone riding a horse on a street, Gregg said. 'Cars were passing by having to avoid it, and almost hitting the horse,' he said. An officer found Melissa Byrum York, 40, on horseback and tried to stop her, Gregg said. 'She wouldn't stop,' he said. 'She kept riding the horse and going on.' After ramming the police car with the horse and riding away, York tried to jump off but caught her foot in a stirrup, Gregg said. The officer took her into custody and found she had crystal methamphetamine, a small amount of marijuana, pills and a small pipe, the chief said. The horse, which belonged to York, 'wasn't in the best of health, but it's still alive,' Gregg said. York was charged with DUI on suspicion of riding the horse under the influence of a controlled substance; the nature of the substance was unclear Wednesday. She also was charged with drug possession, possession of drug paraphernalia, resisting arrest, assault, attempting to elude police and cruelty to animals. York was released from the DeKalb County jail on a $4,000 bond and was transferred to a jail in another county on an unrelated charge, Gregg said. It was unclear Wednesday whether York had a lawyer. A message was left with DeKalb sheriff's officials."

Wednesday, April 04, 2007

NH DWI Attorney Mark Stevens Fights New Hampshire Roadblocks in State Supremes

Mark Stevens Fights New Hampshire Roadblocks in State Supremes: "CONCORD -- Arguments for and against so-called sobriety checkpoints were presented to the state's highest court Tuesday, with debate largely focused on whether Portsmouth police provided 'aggressive advanced publicity' prior to establishing DWI roadblocks on July 8 and 9, 2005. The court's decision will affect the outcome of five underlying driving-while-intoxicated arrests made during the roadblocks, as well as state and perhaps national law. A decision is not expected soon, but Supreme Court Chief Justice John Broderick Jr. offered a glimpse into his thinking on the subject of publicizing sobriety checkpoints in advance. 'I live in Dover, and I don't know anything about the checkpoints,' said Broderick during arguments supporting the roadblocks, as presented by Assistant Attorney General Nicholas Cort. Cort told the Supreme Court justices that case law says advance publicity enhances the effectiveness of DWI roadblocks, but is not a requirement. The assistant AG argued that Portsmouth police faxed press releases announcing the roadblocks in advance of the 2005 checkpoints and one newspaper published the announcement the afternoon the first one was held. 'That's aggressive advanced publicity?' the chief justice asked Cort, referencing a petition presented to Rockingham County Superior Court by Police Chief Michael Magnant, seeking permission for the roadblocks. Magnant's petition, approved by the superior court, promised 'aggressive advanced publicity' by notifying numerous news agencies. 'We submit it is,' said Cort, adding police cannot 'compel the media' to publish notices and the court can not mandate that pol"

DUI News: FDA Requests Label Change for All Sleep Disorder Drug Products

FDA Requests Label Change for All Sleep Disorder Drug Products: " FDA Home Page Search FDA Site FDA A-Z Index Contact FDA FDA News FOR IMMEDIATE RELEASE P07-45 March 14, 2007 Media Inquiries: Sandy Walsh Kimberly Rawlings 301-827-6242 Consumer Inquiries: 888-INFO-FDA FDA Requests Label Change for All Sleep Disorder Drug Products The U.S. Food and Drug Administration (FDA) has requested that all manufacturers of sedative-hypnotic drug products, a class of drugs used to induce and/or maintain sleep, strengthen their product labeling to include stronger language concerning potential risks. These risks include severe allergic reactions and complex sleep-related behaviors, which may include sleep-driving. Sleep driving is defined as driving while not fully awake after ingestion of a sedative-hypnotic product, with no memory of the event. 'There are a number of prescription sleep aids available that are well-tolerated and effective for many people,' said Steven Galson, M.D., MPH, director of FDA’s Center for Drug Evaluation and Research. 'However, after reviewing the available post-marketing adverse event information for these products, FDA concluded that labeling changes are necessary to inform health care providers and consumers about risks.' In December 2006, FDA sent letters to manufacturers of products approved for the treatment of sleep disorders requesting that the whole class of drugs revise product labeling to include warnings about the following potential adverse events: Anaphylaxis (severe allergic reaction) and angioedema (severe facial swelling), which can occur as early as the first time the product is taken. Complex sleep-related behaviors which may include sleep-driving, making phone calls, and "

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