Criminal Law

Justice vs Profits?.revisited

Posted on January 15, 2009
In my last post, I indicated that the Arizona Judge reversed her earlier ruling that the manufacturer of the breath machine used in that state, CMI, Inc., had to turn over the software for inspection by the defense.  The reversal was based upon the fact that CMI was headquartered in Kentucky, and since they did not [...

Presumed Guilt Continues in DUI Cases

Posted on January 15, 2009
In this country, we have certain constitutional protections.  One of the most important of these is the presumption of innocence.  But as I’ve posted repeatedly in the past, this no longer exists in drunk driving cases.  See, for example, Whatever Happened to the Presumption of Innocence? and If You Can’t Prove It, Make the Defendant Disprove It...

Justice vs Profits: Guess Which Wins?Again?

Posted on January 13, 2009
Guilt or innocence in a drunk driving case commonly hinges on the breath test — and on the accuracy and reliability of the breath machine.  I’ve written ad nauseum in the past about the demonstrated lack of both — and on the success of manufacturers in keeping the inner workings of their machines secret...

Trial by Machine

Posted on January 08, 2009
I’ve posted extensively over past years about the continuing disintigration of the United States Constitution when it comes the the politically-sensitive field of drunk driving.  See, for example, The DUI Exception to the Constitution and Who Cares About DUI?...

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DUI Murder?

Posted on January 07, 2009
In recent years it has become increasingly fashionable and politically advantageous to adopt MADD’s "War on Drunk Driving" — to ratchet up the Draconian penalties while at the same time gradually eliminating inconvenient laws and constitutional safeguards...

Who Judges the Judges?

Posted on January 05, 2009
So you got arrested for drunk driving — after crashing into a parked police car, injuring the cop, making racist remarks to him, and then blowing .16% on the breathalyzer.    So you’re looking at, what…60 days in jail?  120 days?  Maybe felony drunk driving? Not if you’re a judge…...

Which Are More Important: Breathalyzers or Slot Machines?

Posted on December 29, 2008
I’m not sure if this is a sad commentary on our criminal justice system or on the values of society generally, but…the following is from a recent Washington Post comparison of Las Vegas slot machines and electronic voting machines.  I’ve taken the liberty of substituting breathalyzers for voting machines: SOFTWARE SLOT MACHINES:  State of Nevada has access to [...

The Brazilian Experience

Posted on December 26, 2008
As I’ve mentioned repeatedly in past posts, simply creating harsher drunk driving laws and penalties and increasing enforcement has not proven effective.  The simple fact is that despite MADD’s hysterical "War on Drunk Driving", the DUI-related fatality statistics have remained unchanged over the past dozen years...

Growing DUI Trend: Cops Armed with Gun, Club?and Needle

Posted on December 18, 2008
I’ve posted in the past about the emergence in Texas and Utah of a new practice in drunk driving law enforcement: bypassing a licensed blood technician and letting the cop draw the blood himself — on the highway.  See Blood Draws in the Back Seat by the Dashboard Light, Would You Want a Cop Taking Blood from [...

Here Come the Feds (cont?d): Marines at DUI Roadblocks

Posted on December 16, 2008
I’ve posted in the past about the increasing federalization of drunk driving laws and law enforcement procedures.  See Here Come the Feds and The Future of DUI.  But even I wasn’t ready for the latest development… The U...

DUI Roadblocks: Is the Public Finally Starting to Get It?

Posted on December 12, 2008
For years, MADD has loudly and widely extolled the virtues of "sobriety checkpoints" – despite clear evidence to the contrary.   See, e.g., my posts Do Roadblocks Work?, Do Roadblocks Work? (Part II), and DUI Logic: Roadblocks Effective Because They’re Ineffective...

Another ?Successful? DUI Roadblock: 3000 Drivers Stopped, 0 DUIs

Posted on December 09, 2008
I’ve railed long and hard in past posts about the unconstitutionality of DUI roadblocks ("sobriety checkpoints") — as well as about their ineffectiveness and growing abuse.  See, e.g., Do Roadblocks Work?, Do Roadblocks Work? (Part II), DUI Logic: Roadblocks Effective Because They’re Ineffective, Police Using DUI Roadblocks Illegally, Purpose of DUI Roadblocks: "Shock and Awe" and DUI [...

Yes: Ohio Bars Defendants from Challenging Breathalyzers

Posted on December 04, 2008
I’ve received a lot of email from readers who think there was some misunderstanding at the end of my last post, that it could not possibly be true: It looks like Ohio is asking themselves the same question I’ve been asking:  "What are they hiding?"...

Ohio Rejects Popular Breathalyzer: Accuracy Challenged

Posted on December 02, 2008
As readers here know, I’ve posted extensively in recent months about the need to know the secret software controlling various breath-testing machines – and the growing number of courts across the country that are ordering the manufacturers to divulge this critical information...

Here Come the Feds?

Posted on November 28, 2008
As everyone knows, in our federal system of government most laws are enacted and enforced by the individual states.  Burglary, murder, rape, larceny — all are defined, enforced and prosecuted by the state or local governments.  Until recently… The laws, evidence and procedures concerning drunk driving are increasingly coming under the control of the federal government...

Latest Weapon: Scare Kids with Fake DUI Arrests

Posted on November 22, 2008
A few months ago I posted about a staged scene designed by MADD in which police officers came to a high school and falsely told students in 20 classrooms that one of their classmates had been killed in a drunk driving accident...

Truth and Justice in the ?War on Drunk Driving?

Posted on November 18, 2008
As any experienced criminal attorney knows, truth, justice and fairness can be rare commodities in our courts when dealing with a drunk driving offense. This has become such a common phenomena that it has acquired a label: "The DUI exception to the Constitution"...

The DUI Double Standard

Posted on November 13, 2008
So what happens when a cop stops a driver for DUI — and the driver’s a cop?  Deputy, Officer Argue Over DUI Stop Ponce cop heard trying to help county sergeant Ponce Inlet, FL.  Nov. 8  –   A Ponce Inlet police officer who pulled over an off-duty Volusia County sheriff’s deputy on suspicion of drunken driving [...

Breathalayzer Manufacturer Thumbs Nose at Courts

Posted on November 10, 2008
Last week I mentioned how manufacturers across the country were refusing to turn over the critical software code in their breath-testing machines.  See What Are Breathalyzer Manufacturers Hiding?  Just how far are they willing to go to keep us from looking inside these secret black boxes that determine guilt or innocence?  A follow-up story in today’s [...

Why Do Police Refuse to Use Videotapes?

Posted on November 07, 2008
Some police agencies around the country use videotapes as part of their drunk driving investigations.  The vast majority, however, do not — despite their low cost, ease of use and invaluable evidence as to driving patterns, physical symptoms, slurred speech, poor balance, incriminating statements and performance on "field sobriety tests"...

News From the Front?

Posted on November 04, 2008
Well, I’ve posted on drunk driving arrests involving horses, lawn mowers, wheelchairs, walking a bicycle – even playing with a foot-high toy bike, so maybe this will come as no surprise…. Zamboni Driver Charged with Drunk Driving Kingsville, Ont...

What Are Breathalyzer Manufacturers Hiding?

Posted on November 02, 2008
I’ve posted repeatedly in the past about the continuing refusal of the manufacturers of various breath-testing machines to devulge the secret software used to run them.  The readings of these devices are, of course, critical:  tens of thousands of citizens continue to be accused and convicted based based upon them...

Secret Memo: DMV License Suspension Hearings Rigged

Posted on October 28, 2008
Imagine the Presiding Judge of a courthouse telling the other judges, "There have been too many acquittals lately.  I’ve reviewed them and disagree with most of your ’not guilty’ verdicts.  All future acquittals will be submitted to me for review, and if I disagree with them you will be counselled and your fitness to continue serving as [...

Falsifications of Breathalyzer Records Continue

Posted on October 25, 2008
A few days ago I posted about a state breathalyzer inspector who was "fixing" machines in Miami-Dade County by simply deleting evidence of malfunctions. The Florida Department of Law Enforcement fired her — but not until after she had cast doubt on as many as 10,000 DUI convictions ...

?Black-and-White Fever?

Posted on October 22, 2008
Experienced traffic patrol officers are familiar with a phenomenon which is sometimes referred to as “black-and-white fever”. That phenomenon is simply the normal reaction of most drivers to being followed by a marked police car (painted black and white in many jurisdictions)...

How to Prove Breathalayzer Accuracy: Falsify the Records

Posted on October 17, 2008
One way to make sure that there is no evidence of a breath machine’s inaccuracy and unreliability is to simply make sure there is no record of its false results and failures…even if it means innocent people are convicted.  The main thing is to maintain faith in these devices, right? Fudged Breathalyzer Tests Questions DUI Arrests Inspector Turned Machines [...

Why Do Police Destroy DUI Evidence?

Posted on October 13, 2008
As we all know from watching TV, the police are always very careful to preserve the evidence in criminal investigations. Except in DUI investigations. What is the single most important piece of evidence in most drunk driving cases? The Breathalyzer test...

How to Convict a Drunk Driver of Murder

Posted on October 09, 2008
In California as in most states, the crime prescribed by statute in the event of a death caused by drunk driving is manslaughter.  In recent years, however, MADD’s "War on Drunk Driving" has encouraged prosecutors to find creative ways of charging murder...

The Disappearing Right to Jury Trial?in DUI Cases

Posted on October 04, 2008
Ok, the cop said I looked bad on the field sobriety tests, but I know I’m not guilty: I only had two drinks and I’ve got witnesses. No matter what the police say, I can tell my side of the story to my fellow citizens and let them decide. Right? Well…...

Police Roadblocks in the New America

Posted on September 30, 2008
When the U.S. Supreme Court in a 5-4 decision validated DUI "sobriety checkpoints" (aka police roadblocks), Chief Justice Rehnquist admitted that they were a clear violation of the Fourth Amendment to the Constitution.   However, he wrote in Michigan v...

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