Criminal Law

Reaction to CEO of MADD Heading Federal Agency

Posted on April 28, 2009
I posted a few days ago about the recent appointment of Chuck Hurley, the CEO of Mothers Against Drunk Driving, as head of the National Highway Traffic Safety Administration.  See Ex-CEO of MADD to Set Vehicle Safety Standards.  One inevitable consequence:  You can expect ignition interlock devices (mini-breathalyzers) installed as standard equipment in all vehicles in [...

Does Marijuana Affect Driving Ability?

Posted on April 23, 2009
It is against the law to drive while under the influence of marijuana. It has always been assumed that cannabis, like alcohol, impairs the perception, coordination, reflexes and judgment necessary for the safe operation of a motor vehicle. And, of course, there have been governmental studies addressing the question: Does marijuana impair driving? Interestingly, however, the [...

Ex-CEO of MADD to Set Vehicle Safety Standards

Posted on April 18, 2009
I commented a few days ago that Chuck Hurley, the CEO of Mothers Against Drunk Driving, had been appointed to head the National Highway Traffic Safety Administration — the federal agency that, among other things, sets safety standards for auto manufacturers...

Who Will Guard the Guardians?

Posted on April 16, 2009
In today’s "Physician, heal thyself" department, a look at drunk gun-toting cops: Alcohol a Growing Problem in the L.A. County Sheriff’s Department, Report Says Liquor-related arrests of department employees have nearly tripled since 2004, watchdog agency finds...

To access this complete feed in the blog feed reader login or register for free.

New Bill Presumes Innocence in DUI Cases?Expected to Fail

Posted on April 12, 2009
I’ve posted ad nauseum about the disappearance of our Constitutional rights in drunk driving cases.  See The DUI Exception to the Constitution.  One of the more notable examples is the disappearance of the presumption of innocence...

Ignition Interlocks Coming?as Standard Equipment

Posted on April 09, 2009
I’ve commented in the past about MADD’s love affair with ignition interlock devices (IIDs) — what the National President of MADD has characterized as the way to "literally wipe out drunk driving in the United States"...

Public Reacts to Police Blood Draws

Posted on April 06, 2009
I’ve posted in the recent past about the growing practice of allowing police to forcefully draw blood themselves from citizens suspected of drunk driving.  See  Blood Draws in the Back Seat by the Dashboard Light,  Forced Blood Draws by Cops Spreading , Would You Want a Cop Taking Blood from You? and Forced Blood Draws: Citizen Backlash? Despite the [...

Professional Courtesy

Posted on April 02, 2009
What would happen if you were arrested for drunk driving?  What if you were arrested for DUI after crashing your car – twice the same day?  A long stretch in the local jail?  Not if you’re a prosecutor… Calif...

Another Drunk Driving Conviction ? With No Driving

Posted on March 27, 2009
Yesterday I posted about a Minnesota appellate court’s mind-boggling ruling that driving was not required to be arrested and convicted of drunk driving.  For those who think this was an isolated moment of judicial insanity, consider the latest wisdom from the appellate bench: State’s Highest Court Rules In Drunken Driving Case Hartford, CT...

Convicted of Drunk Driving?Without Driving

Posted on March 26, 2009
Want to know how crazy things have gotten?   Minnesota Court: You Needn’t Be Driving to Be Guilty of DWI Appeals court upholds conviction of man found passed out in parked car.  Minneapolis, MN.  Mar. 24 – Daryl Fleck was drunk and asleep in his car in the parking lot of his Crookston apartment building when someone called police...

The Scarlet Letters: DUI

Posted on March 21, 2009
If there is any doubt about there being a "DUI double standard", one need only look at the widespread use of public humiliation in drunk driving cases (urged on by MADD).  See my past posts The Scarlet Letters, The Scarlet Letter – Version 2, The Return of the Scarlet Letter, More MADDness and Washington Says [...

?DUI SuperCops? To Be Monitored

Posted on March 20, 2009
The "DUI SuperCop" phenomenon is getting so bad in Chicago that the Illinois Attorney General is stepping in and requiring the top "DUI-busters" to have their police cars equipped with videotaping equipment to justify their arrests. Prosecutor Says Top DUI Cops Need Squad-Car Cameras Lawrence X...

Another ?DUI SuperCop? Caught Framing Innocent Citizens

Posted on March 16, 2009
As I’ve indicated in previous posts, there is a growing phenomenon of cops across the country trying to get the acclaim, promotions and money that come with "DUI SuperCop" status — by framing innocent motorists.  See, for example, SuperCops…and SuperCons, SuperCops: The Smoking Gun and Another DUI SuperCop...

.02% Blood-Alcohol = 25 Years to Life in Prison?

Posted on March 09, 2009
As with our Constitution, so have our laws become increasingly malleable when it comes to drunk driving.  In keeping with MADD’s neo-prohibitionist agenda, it seems even the mere presence of alcohol is now enough… La Porte Parolee Charged in Head-On Fatal Collision Houston, TX...

Legislators Vote Themselves Exempt From DUI Arrest

Posted on March 06, 2009
We all know there’s a double standard in MADD’s "War on Drunk Driving" when it comes to cops, prosecutors and judges.  See, for example, my post "Do As I Say, Not As I Do".   But it’s always been an under-the-table policy — not an actual law...

Forced Blood Draws: Citizen Backlash?

Posted on March 04, 2009

3rd Chicago ?DUI SuperCop?

Posted on February 27, 2009

More ?DUI Super Cops??And More Innocent Victims

Posted on February 23, 2009
As I’ve documented in past posts, MADD’s "War on Drunk Driving" has been instrumental in the gradual erosion of our Constitution.  See The DUI Exception to the Constitution.  But the hysteria has created other problems as well...

Drunk Cop Kills Woman, Cops Arrest Scapegoat

Posted on February 22, 2009
This one pretty much speaks for itself, too: Victim’s Family: Wrong man Charged Lake County, CA.  Feb. 19  –  It’s very unusual in a manslaughter case for a victim’s family to speak out for the defendant. But that’s what’s happening in the fatal boat crash case in Clear Lake… Lynn Thornton died after a horrible boat crash in [...

Driving + Trace of Marijuana = DUI

Posted on February 21, 2009
In the This-Is-Getting-Ridiculous department: Blood Test for Marijuana Unreliable for DUI Penalty Lexington, KY.  Jan. 17  - Once again, a bill that seeks to punish prior use of a controlled substance with an automatic DUI conviction is before the Kentucky legislature...

The ?War on Drunk Driving? Marches On?

Posted on February 17, 2009
In the no-comment-necessary department…. Man Charged With Drunk Driving on a Bicycle Warwick, RI.  Feb. 16  -  Police have charged a man on a bicycle with driving under the influence. Police said Gary Merritt, 49, was riding his blue Roadmaster bicycle on Sunday in the middle of the travel lane at the intersection of Warwick Avenue and Airport [...

?Trial by Machine??.But How Good Are the Machines?

Posted on February 15, 2009
All states now have two drunk driving laws: (1) driving under the influence of alcohol (aka “DUI”, with local variations, such as “driving while intoxicated” or “DWI”), and (2) the so-called per se law of driving with ...

Blood Test Error Nearly Sends Man to Prison

Posted on February 09, 2009
I’ve posted in the past about various problems, such as fermentation and coagulation, in analyzing human blood samples for alcohol content.   But human error in the lab is just as insidious.  I mentioned in an earlier post one of my firm’s cases in which we had our client’s blood sample analyzed for DNA — which proved that the blood tested was not [...

Ignition Interlocks: Is the Media Finally Getting It?

Posted on February 05, 2009
As most of you know, MADD has focused on ignition interlock devices (IIDs) as the answer to the drunk driving problem in America.  The organization has even widely trumpted the device as the way to "literally wipe out drunk driving in the United States"...

When Judges Protect Their Own

Posted on February 02, 2009
I’ve posted stories over the past week about what happens to cops, prosecutors and judges when they’re arrested for drunk driving — or, more accurately, what doesn’t happen.  Following is yet another example of the prevalent DUI double standard: Plenty of Blame to Go Around in Tarrant Judge’s DWI Case Dallas, TX...

?Do as I Say?Not as I Do? (cont?d)

Posted on January 28, 2009
In my last post, I presented three news articles from the previous three days reflecting the double standard in  how cops, prosecutors and judges are treated when they are caught driving drunk.  In the judge’s case, despite aggravating facts she avoided any jail time…But surely she’ll be removed from sitting on the bench, right? Secret Discipline of $150,000-a-year DUI [...

?Do as I Say?Not as I Do?

Posted on January 24, 2009
What happens when cops, prosecutors and judges get busted for drunk driving?  A sampler from the past 3 days’ news… Officer Not Charged with DUI Pekin, IL.  Jan. 23 – A Pekin police officer arrested for DUI on Dec. 19 will not be charged with DUI because of a lack of evidence...

Are They Finally Getting It?

Posted on January 23, 2009
As readers of this blog are aware, one of my biggest peeves is the demonstrated unreliability of breathlyzers which largely determine an accused citizen’s guilt or innocence….and of the continuing refusal of manufacturers to let the defense or prosecution inspect the critical software – even to the point of ignoring lawful court orders...

Driving Under the Influence of?Ice Cream?

Posted on January 21, 2009
I’ve posted repeatedly in the past about the multitude of problems with breath-alcohol machines – including the disturbing fact that they are non-specific for ethyl alcohol.  In fact, they don’t actually measure alcohol, but rather the presence of the methyl group in the compound...

Breathalyzer Manufacturer Avoids Court Order

Posted on January 19, 2009
I’ve often reported of the ongoing struggle of defense attorneys across the country to get breathalyzer  manufacturers to disclose the secret software that runs their various breath testing machines.  Unreliable or inaccurate software code will produce inaccurate blood-alcohol results — and the conviction of innocent citizens...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.