Criminal Law

Breathalyzers Soon Mandatory for All Cars

Posted on June 27, 2008
I’ve written repeated posts in the past about the highly unreliable ignition interlock devices (IIDs) which have been widely publicized by MADD as the way to “eliminate drunk driving once and for all”.  See, for example, The Truth About Ignition Interlock Devices, Ignition Interlock Devices: Dangerous but Profitable and New MADD Goal: All Cars Equipped with Breathalyzers...

Anatomy of a DUI Lynching

Posted on June 25, 2008
American citizens are considered to be innocent until proven guilty – unless it involves  drunk driving, in which case a MADD-inspired hysteria takes over. Consider the following news story.. Larchmont, NY.  June 10 - Mike Mezansky, a former star Mamaroneck High School baseball player accused of driving drunk and hitting a child, said his legal problems took [...

MADD ?Statistics? Again Debunked

Posted on June 23, 2008
As I’ve posted repeatedly in the past, MADD’s prohibitionist zealots are fond of twisting statistics to justify their expansion of unfair laws, Draconian penalties and unconstitutional procedures.  See, for example, A Closer Look at DUI Fatality Statistics, MADDness and Lies, Damned Lies and MADD Statistics...

DUI Laws Overrule Scientific Truth

Posted on June 18, 2008
It is an unfortunate fact that law and politics repeatedly trump science when it comes to prosecuting citizens accused of drunk driving?..   In People v. Bransford, to cite one notable example, the California Supreme Court was confronted with a defendant who was challenging his DUI conviction on the grounds that he was not permitted to [...

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MADD?s Latest Weapon: Update

Posted on June 13, 2008
My post last week concerning a California High School’s efforts with MADD to traumatize their students, drew quite a reaction from readers.  The following is an update: School Defends Drunken Driving Hoax Oceanside, CA.  AP, June 12 – School officials in Oceanside, California, are defending a scared-straight exercise that sent some El Camino High School students into hysterics...

The Unknown Variable

Posted on June 12, 2008
The single most important factor in whether an individual will be arrested for driving under the influence (DUI) is not the evidence. It is the individual human differences of the officer himself. A study by the National Highway Traffic and Safety Administration [U...

The Hidden Danger of ?One for the Road?

Posted on June 08, 2008
In previous posts, I?ve explained many of the reasons why breathalyzers are inaccurate and unreliable. See, for example, ?Breathalyzers ? and Why They Don?t Work?; ?Warning: Breathalyzer in Use?; ?Convicting the ?Average? DUI Suspect?; ?Why Breathalyzers Don?t Measure Alcohol?; ?Driving Under the Influence of? Gasoline?; ?How to Fool the Breathalyzer?...

MADD?s Latest Weapon

Posted on June 04, 2008
So where is MADD going with their “War on Drunk Driving”? El Camino Teens Face Heavy Emotions Brought About by Drunken-Driving Dramatization Oceanside, CA.  May 30 – It was an elaborate hoax, but 36 students at El Camino High pulled it off with potentially life-saving consequences...

Due Process and Automatic License Suspensions

Posted on June 03, 2008
So you got stopped last night and arrested for drunk driving. And right after the breathalyzer showed a blood-alcohol reading of .12%, the officer confiscated your driver?s license and gave you a piece of paper that said it was immediately suspended. What happened?, you ask...

How to Get Busted for DUI: Marry a DUI Lawyer

Posted on May 30, 2008
A promising new tactic in the “War on Drunk Driving”:  Go after the lawyers….or their wives. Arrested for DUI Without Drinking a Drop of Alcohol Phoenix, AZ.  May 29 – Heather Squires was the designated driver...

Breathalyzers: Accurate Beyond a Reasonable Doubt?

Posted on May 28, 2008
I?ve written repeatedly in the past about the inaccuracy and unreliability of the various breath machines used to estimate blood alcohol concentrations.  See, for example, How Breathalyzers Work (and Why They Don?t), Why Breathalyzers Don?t Measure Alcohol and Breathalyzer Inaccuracy: Testing During the Absorptive State...

?We do not want a police state?in the name of DUI?

Posted on May 27, 2008
For those who have inquired about the quote in this blog’s heading, the following is from a presiding justice?s dissenting opinion in a Pennsylvania appellate decision affirming a DUI conviction: I must vigorously dissent from the well-written opinion of the majority, as it seems we are coming perilously close to turning a blind eye to questionable [...

Judge Throws Out 49 Breath Tests

Posted on May 20, 2008
An Arizona judge threw out the breath tests in 49 drunk driving cases yesterday….because the manufacturer refuses to let the defense look into its machines.  Thank god for a few honest and gutsy judges still left….  I have posted in the past about a battle being fought in courts across the country — notably in Florida, Minnesota, New Jersey [...

First DUI = West Point Expulsion + One Year Prison

Posted on May 16, 2008
I mentioned in my previous post how new statistics show that millions of Americans admit to having driven with .08% blood-alcohol in the previous month.  As Draconian as DUI penalties have become, one would nevertheless hope that the offense would not destroy the accused’s life, at least for a first offense...

New Statistics: 9% of You Drove ?Drunk? Last Month

Posted on May 14, 2008
What do you do when literally millions of American citizens admit to violating a law on a regular basis — say, at least once a month?  How do you catch that many?  How do you build enough jails?  Or is it time to maybe take a second look at that law?     Study: 9% of Us Admit to Drunk Driving U...

DUI ? While Walking a Bicycle

Posted on May 09, 2008
I’ve posted in the past about the insanity of extending the reach of drunk driving laws in MADD’s attempted return to the glory days of Prohibition.  See, for example, Felony Bicycle DUI, DUI on a Scooter, DUI on a Foot-High Toy Bike, DUI in a Wheelchair? and DUI on a Horse?...

The Truth About Ignition Interlock Devices

Posted on May 06, 2008
For the past year now, MADD has trumpeted its latest solution to the drunk driving problem.  After 13 years of essentially unchanged DUI-related fatality statistics (they have actually increased), MADD is now promising in its recent solicitations for money (average $52 million a year) that their latest weapon will ?eliminate drunk driving once and for all?...

Of Hypocrites and DUI

Posted on May 04, 2008
Just the most recent example of the hypocrisy of MADD’s “War on Drunk Driving”…. Texas Lawmaker Who Created $3000 DUI Fine Gets a DUIAustin, TX.  May 2 — A Texas state lawmaker instrumental in the passage of legislation increasing penalties on drunk drivers was himself arrested late Wednesday for driving while intoxicated (DUI)...

Do DUI Roadblocks Work? (Part II)

Posted on April 29, 2008
As I discussed in a recent post, the fatalities statistics used by MADD and government agencies to justify DUI checkpoints are flawed. In fact, the statistics can be viewed as indicating quite the opposite. Well, all right, so checkpoints may not reduce fatalities ? but, according to MADD, they certainly result in more DUI arrests...

New MADD Strategy: Shut Down the Lawyers

Posted on April 23, 2008
The latest weapon in MADD’s “War on Drunk Driving”: Senate Measure Would Ban Lawyers from DUI Advertising Nashville, TN.  AP, April 22 – Defense attorneys would be banned from advertising their expertise with drunken driving cases under a bill advancing in the Senate...

The Sacred Breathalyzer

Posted on April 20, 2008
I’ve written repeatedly in the past about the inaccuracy and unreliability of the various breath machines used to estimate blood alcohol concentrations.  See, for example, How Breathalyzers Work (and Why They Don’t), Why Breathalyzers Don’t Measure Alcohol and Breathalyzer Inaccuracy: Testing During the Absorptive State...

The Latest DUI SuperCop?

Posted on April 16, 2008
I’ve posted repeatedly in the past about the dangers of MADD’s so-called “DUI SuperCop” awards, encouraging police to make greater numbers of arrests — legal or otherwise.  See, e.g., How to be a DUI Super Cop,  Supercops...

Are DUI Roadblocks Effective?

Posted on April 10, 2008
For many years now, MADD has focused much of its considerable manpower (over 600 chapters), resources (revenues of over $51 million a year) and political influence on the proliferation of DUI roadblocks (or, to use the politically correct phrase, ?sobriety checkpoints?)...

Law Trumps Scientific Truth in DUI Cases

Posted on April 05, 2008
It is an unfortunate fact that law and politics repeatedly trump science when it comes to prosecuting citizens accused of drunk driving?..   In People v. Bransford, to cite one notable example, the California Supreme Court was confronted with a defendant who was challenging his DUI conviction on the grounds that he was not permitted to [...

How to Overcome Scientific Facts: Pass a Law

Posted on April 02, 2008
The drunk driving laws make it a criminal offense to drive a vehicle while under the influence of alcohol (DUI) or while having a blood-alcohol concentration (BAC) of .08% or higher. It is not, however, a criminal offense to be under the influence or to have a BAC of ...

90 Teenagers Breathalyzed for Root Beer

Posted on March 31, 2008
I think they’ve finally lost it… Cops Bust High School Root Beer Kegger Wausau, WI. Mar 28 (AP) – Cars lining the street. A house full of young people. A keg and drinking games inside. Police thought they had an underage boozing party on their hands...

One Drink = Felony DUI

Posted on March 27, 2008
It Took Less Than One Drink to Get Shannon Wilcutt Busted for Felony DUI Phoenix, AZ.  Mar. 20 – The businessman was meeting with clients for lunch at Mimi’s Café when he noticed the woman. Sitting a few tables over with her 4-year-old boy, she seemed groggy ? yet she was drinking a mimosa...

N.J. Supreme Court Rules on Breathalyzer Challenges

Posted on March 20, 2008
I’ve posted repeatedly in the past concerning the inaccuracy and unreliability of the various brands of breath testing machines.  (See, e.g., How Breathalyzers Work – and Why They Don’t.)  The Supreme Court of New Jersey has just turned back a challenge from defense attorneys in that state...

Another of MADD?s ?DUI SuperCops?

Posted on March 18, 2008
Another one of those news stories that needs little comment… Officer Who Shot Chargers Player Honored for DUI Arrest Record Del Mar, CA.  Mar 17  ? A police officer who shot Chargers linebacker Steve Foley after following the player on suspicion of drunk driving has been named Coronado’s Outstanding DUI Officer of the Year...

Let?s Hope MADD Doesn?t See This?.

Posted on March 15, 2008
Traffic police in Minsk in the Republic of Belarus have apparently adopted a new tactic in the War on Drunk Driving.  According to a news release yesterday from Russia Today, police were ordered by superiors to stop a reported drunk driver on a highway...

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