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U.S. DUI News

What can I expect from a first offense DUI charge in West Virginia?

When dealing with a first offense DUI charge in West Virginia, it’s important to know how the state handles each case. Not all first time DUI offenses are the same, which means not all punishments are the same either. West Virginia has a two-tier system on a DUI case, where the administrative court and the criminal court have separate dates, buildings, rules and procedures governing. The criminal court will be in a judicial building in the county of arrest. The administrative court will ... Read More »

Facial Recognition by the Tennessee Department of Safety and Homeland Security

Knoxville recently added its third self-service kiosk designed for convenient driver’s license renewal. This kiosk, like the forty others in Tennessee, functions using biometric facial recognition technology to recognize the driver. As of 2013, agencies in thirty-seven states, including the Tennessee Department of Safety and Homeland Security, were using a database of photos for facial recognition: amounting to an estimated 120 million Department of Motor Vehicles (DMV) photos kept in databases around the nation. Be aware, though that the implications ... Read More »

US Supreme Court Deals Another Blow to the 4th Amendment

U.S. Supreme Court Building

The United States Supreme Court dealt another blow to the 4th Amendment’s protection against unreasonable search and seizures when it delivered a deeply divided opinion, declaring that a vehicle may be stopped based on an anonymous 911 tip. Justice Clarence Thomas delivered the opinion of the Court in which Justices Kennedy, Breyer and Alito joined. Justice Scalia, with a keen perspective on reality wrote a well-reasoned and scathing dissent. He was joined by the Justices Ginsburg, Sotomayor and Kagan. An ... Read More »

Combatting Alcoholism – There’s An App For That

Smartphone applications (apps) seem to have permeated every facet of our lives. For people fighting alcohol addiction, there are a host of apps available to help. In a recent interview, Dr. David Gustafson, director of the Center for Health Enhancement Systems Studies at the University of Wisconsin, discussed the benefits of a recently released app, A-CHESS. The application provides a number of services to those seeking assistance. One service involves a GPS monitoring system which triggers an alarm when the ... Read More »

Alcohol Inhalation On The Rise – Yes, Alcohol Inhalation

Though similar devices have been marketed in the past, a fad in alcohol consumption has reemerged in the form of the Vaportini.  The Vaportini is an alcohol inhalation device that enables users to heat their favorite liquors in a glass sphere.  This sphere fills with alcohol vapor; the user employs a straw to inhale the vapors through a small opening in the sphere.  A diagram of how it works can be found here. According to reports in the U.S. and ... Read More »

Man crashed into deputies, charged with DUI

NASSAU COUNTY, Fla. — A Fernandina Beach man is facing careless driving DUI charges after being involved in a crash that injured two deputies Thursday night. According to a report from the Florida Highway Patrol, 25-year-old Stephen Lee Coleman rear-ended a Nassau County Sheriff’s Office cruiser as the officers approached the intersection of Miner Road, near Yulee Elementary School around 7:30 p.m. The deputies were taken to St. Vincents Hospital for treatment of minor injuries. Read More »

Criminal Court Judge Provides First-aid For Crash Victim Set To Appear In Her Court

Reports from Albuquerque, New Mexico, tell of Judge Sheri Raphaelson stopping to aid crash victim Isaac Martinez.  On February 12, 2014 Mr. Martinez was on his way to Judge Raphaelson’s court for burglary charges, when the truck driven by his mother slid off the snowy road.  Judge Raphaelson, riding with her bailiff, saw the crash and stopped.[1] Raphaelson is trained as an emergency medical technician and mid-wife, and was able to keep Mr. Martinez calm until emergency personnel arrived on ... Read More »

DUIs are Forever . . . in Virginia

Among the Top 10 Questions that I am asked:  “How long will a DUI be on my record?” Virginia makes the answer easy:  DUIs are forever. Virginia has no provision to erase or expunge any misdemeanor or felony conviction no matter how much time has passed.  It is true that a first or second DUI (both misdemeanors) will only “count” against you as a previous DUI for 10 years, but as of July of 2013 felony DUIs now count against ... Read More »

New Technology to End Drunk Driving?

In August 2013, National Highway Traffic Safety Administration Chief David Strickland wrote to the CEO’s of major automakers and urged them to continue supporting research and development of in-vehicle alcohol detection systems.  In 2008, research funded by automakers and the federal government began an effort to develop in-vehicle technologies that would prevent intoxicated drivers from starting and driving a car.  Although the Ignition Interlock Devices that are currently used accomplish this same goal, this new technology would differ significantly. Ignition ... Read More »

Proposed Changes to Florida’s DUI Laws May Limit Defenses.

House Bill 299 is a 96 page proposed amendment to Florida DUI Laws. There are numerous proposed changes which will be discussed in future posts, but the subject of today’s post is the proposal that makes it illegal to have a breath or blood concentration of .08 or higher at any time after driving. According to House Bill 299 a person can be convicted of DUI if, “[t]he person has an alcohol concentration of .08 or more grams of alcohol ... Read More »