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U.S. DUI News

(Barely) Driving Under the Influence in Mississippi?

On Tuesday, May 14, 2013, the national Traffic Safety Board (NTSB) announced its new set of strategies for combating drunk driving.  The goal of the proposed interventions would be “to eliminate alcohol-impaired driving crashes.”  And chief among the proposals is lowering the threshold blood alcohol concentration (BAC) across the country.  Specifically, the NTSB is now urging all states to lower the threshold from .08 percent BAC to .05 percent BAC, a reduction of 37.5 percent.   But what does this ... Read More »

.15 down to .05 BAC: Isn’t it Amazing How the Human Body Has Changed Since 1954?

A little cursory research of DUI laws related to blood alcohol “legal limits” in Georgia reveals that as early as 1954, the Georgia General Assembly outlawed blood alcohol concentrations at a certain level.  House Bill 128 was approved January 11, 1954 and provided that “If there was at that time 0.15 percent or more by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.”  Fast forward to May ... Read More »

Follow the money: Florida shortens yellow light time at intersections with red light cameras

A local Florida station reports that Florida changed its rules to allow shorter yellow light times at intersections.  The result:  millions of dollars in additional revenues in red light camera fines.  Did Florida cities and counties inform their citizens that “the times were a’changing?”  Of course not!  Why?  Millions of dollars from red light camera fines! As it turns out, the Florida Department of Transportation reduced the yellow light time below federal recommendations.  Why?  Research apparently indicated that if you ... Read More »

NTSB wants to lower DUI Limit to 0.05

Have 2 Drinks, Drive & Go to Jail  The NTSB has announced today (May 14, 2013) that they are seeking to lower the prohibited blood alcohol content for DUIs from 0.08 to 0.05 across the nation. Of course, they announced this on the anniversary of the worst drunk-driving accident in U.S. history. On May 14th, 1988 a drunk driver collided with a school bus full of children returning from a church-outing on Interstate 71 near Carrolton, Kentucky killing 24 children, ... Read More »

Texas passes bill to fight wrongful convictions

A Bill to Bolster the Fight on Wrongful Convictions Clinton Bamberger lost the most important case of his career, but most legal experts consider that 1963 United States Supreme Court decision a crucial victory for criminal justice. Enlarge This Image Callie Ricmond for The Texas Tribune Michael Morton was jailed for years before his exoneration.   “Everybody thinks I won it,” said Mr. Bamberger, 87, now a professor emeritus of law at the University of Maryland. He represented John L. ... Read More »

The Implied Consent Myth

I originally intended to blog about the April 2013 decision of the United States Supreme Court in Missouri v. McNeely.  (I’ll do that in a future blog.)  But, while doing research, I was once again shocked at the number of newspaper articles and attorneys that don’t understand “implied consent.” An oft repeated refrain goes something like this: “It’s called the implied consent law and everyone signs the form when they get their driver’s license.”  One article goes on to state ... Read More »

Colorado Senate Passes 5ng Bill

Recently in this blog, we’ve reported on the efforts Colorado lawmakers have made to establish a THC-blood limit for drivers in the Rocky Mountain State. At the end of April, a Senate committee rejected a bill proposing these changes to Colorado DUI law, however the measure quickly regained momentum. On Tuesday, May 7, the Senate voted 24-11 in favor of House Bill 1325, which states that motorists who have 5 nanograms of active THC in their blood are too stoned to drive ... Read More »

MAINE PROM & GRADUATION SEASON 2013

It is that time of year again.  It has taken forever, but it is spring!  Hopefully summer will be here before the Fourth of July.  And with that comes more young people out and about, particularly those that are attending prom and graduation ceremonies.  If you are under the age of 21, PLEASE remember that involving drugs and/or alcohol in your celebration not only doubles the danger but it doubles the consequences too. In Maine, the “Zero Tolerance” law as ... Read More »

Bill to create marijuana BAC equivalent fails in Colorado Senate

As we’ve been reporting on this blog for some time, a proposed bill has been circulating in the Colorado legislature that aimed to establish a legal limit on the nanograms of THC per 100 milliliters of blood that state drivers could register in blood tests given by law enforcement officials.  The bill, formally known as House Bill 13-1114, would have made 5 nanograms of THC per 100 milliliters marijuana’s equivalent of the 0.08 blood alcohol content limit for drivers who are ... Read More »

Landmark WV Supreme Court Ruling

On Monday, April 22, 2013, The Wagner Law Firm, West Virginia’s Premier DUI Defense Firm, owned and operated by West Virginia DUI Defense Attorney, Harley O. Wagner, received a telephone call from the West Virginia Supreme Court, advising that State of West Virginia ex rel. Pamela Jean Games-Neely v. The Honorable Joann Overington, Magistrate, Berkeley County, West Virginia, had been upheld by our state’s highest court, 5-0 unanimous. The significance of this landmark ruling is that any citizen who gets arrested and accused of ... Read More »