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U.S. DUI News

MASSACHUSETTS HIGH COURT SCHEDULES HEARING REGARDING EVIDENCE OF DRIVING UNDER THE INFLUENCE OF MARIJUANA

The Massachusetts Supreme Judicial Court has scheduled a hearing for January 6, 2017 to hear argument regarding the relevance and admissibility of certain evidence regarding driving under the influence of marijuana. After the case was remanded to the district court for consideration of several questions raised by the high court, it has returned to the SJC after the issues seem to have been distilled to four key questions. Primarily, the court will hear arguments regarding whether there is a scientifically ... Read More »

MASSACHUSETTS LEGISLATURE POSTPONES SOME ASPECTS OF MARIJUANA LEGALIZATION

On November 8, voters in Massachusetts approved Question 4 legalizing recreational marijuana use and regulating it similarly to alcoholic beverages. Implementation of the new scheme is happening in two phases. Beginning December 15, 2016, it became legal for an adult (defined as 21 or older) to possess up to 10 ounces of marijuana in one’s primary residence or up to 1 ounce outside the home (but not to consume it in public). An adult may also grow up to 6 ... Read More »

California man to fight DUI charge after test results only show traces of caffeine

A California man is reportedly prepared to fight a misdemeanor charge of driving under the influence after he was pulled over in 2015 and a blood test only showed traces of caffeine in his system. According to The Guardian, Joseph Schwab was allegedly driving erratically and cut off an officer from the California department of alcoholic beverage control in August 2015 in Solano Country. Schwab’s attorney Stacey Barrett told the paper that he was given a breathalyzer test which showed ... Read More »

VIDEO: Two people killed in San Jose car crash, DUI suspected

SAN JOSE (KRON) — Two people have died Sunday morning in a two-car crash in San Jose possibly as the result of an intoxicated driver, according to the fire department. It happened around 12:28 a.m. when a 25-year-old woman was driving westbound on Capitol Expressway in a 2012 Chevy Malibu. The car went into the center median and collided with a silver 2004 Lexus.   Read More »

Man Pulled Over for Driving Backhoe While Drunk, His Eighth DWI

A New Jersey man was arrested this week after cops say he was spotted drifting between the road and the shoulder in a backhoe while intoxicated. The South Brunswick Police Department received phone calls about a man driving the heavy machinery erratically on Tuesday afternoon. A responding officer saw the driver swaying back and forth in the lane and onto the shoulder of the road while slumped over the wheel of the backhoe, cops said in a statement. After using ... Read More »

Seymour Johnson chief master sergeant involved in DWI crash

GOLDSBORO, N.C. (WNCN) – A DWI accident over the weekend involving a high-ranking official at Seymour Johnson AFB sent a teenager to the hospital with life-threatening injuries, officials say. Chief Master Sgt. Hector Soler was driving a vehicle going 70 mph in a 35 mph zone on S. George St around 11:30 p.m., according to a report by Goldsboro Police. He rammed into a car driven by 17-year-old Johny Watson, of Seven Springs. The collision pushed Watson’s car into a ... Read More »

Off-duty Cape Coral officer crashes into house; DUI suspected

CAPE CORAL, Fla. — An off-duty Cape Coral police officer crashed her SUV into a home at 422 Nicholas Parkway E., the police department said. Officer Emily Zyvoloski, 33, had a blood-alcohol level of .253 — more than three times the legal limit — when the crash took place around 2 a.m. Saturday, according to a police report. She’s at a hospital in fair condition. It’s unclear whether her injuries are life-threatening. Zyvoloski, an officer since 2007, was driving a ... Read More »

Tennessee Adopts a (Limited) Good-Faith Exception to the Warrant Requirement

On November 3, 2016, Tennessee joined the ranks of over a dozen states that have adopted a limited good faith exception to the search warrant requirement in a Tennessee DUI case that involves a warrantless blood draw.[1] A blood draw for the purpose of determining a person’s blood alcohol content is a search under the Fourth Amendment, and a warrant is required unless an exception to the search warrant requirement applies.[2] For example, some exceptions include consent to the blood ... Read More »

MAN DIES AFTER HE WAS STOPPED FOR DWI IN CUMBERLAND COUNTY

FAYETTEVILLE, N.C. (WTVD) — The Cumberland County Sheriff’s Office says a man has died after deputies arrested him for suspicion of driving while impaired. Deputies said 35-year-old Clarence Junior Young started having “medical complications” after he was pulled over and arrested Tuesday afternoon in the Grays Creek area. According to the release, Young initially refused to stop for deputies on Fennell Road. As they followed, they saw items being thrown from his car. When Young did stop on Chickenfoot Road, ... Read More »

Part II: Is your Client Inadmissible to Canada? A 6-step checklist

The best way to determine whether an individual is criminally inadmissible to Canada under Canada’s Immigration and Refugee Protection Act (IRPA) is by breaking down the statute that establishes inadmissibility into six steps. As we have seen in Part I, it is important to establish whether or not the individual is a Canadian citizen, whether the conviction is relevant to Canadian immigration authorities, and whether the offence equates to Canadian federal law. There are also three further considerations that will ... Read More »