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U.S. DUI News

DUI by Ambien® – Sleep Driving

Did you realize that you may commit the crime of driving under the influence of an intoxicant (DUI) even if you are taking medication prescribed by your physician.  Once again, the national media has brought attention to the public about people who “sleep drive.” In mid July, 2012, Kerry Kennedy was arrested in New York after crashing her vehicle which some reported was caused by Ambien® induced sleep driving.  U.S. commerce Secretary John Bryson suffered a similar incident in June, ... Read More »

Anyone can be arrested for Drunk Driving (DUI)

On August 8, 2012, a former Tennessee Highway Patrol trooper, Jonathan Reed, was arrested in Cookeville, Tennessee for the misdemeanor offenses of driving under the influence (DUI) and possession of a handgun while under the influence.  Former trooper Reed had been dismissed from the Tennessee Highway Patrol in June, 2012 for gross misconduct.  More information may be obtained from: http://www.newschannel5.com. A former president of a defunct chapter of Mothers Against Drunk Driving was arrested on February 18, 2011 for drunk ... Read More »

The Field Sobriety “Eye Test”: Science or Fraud?

The critical part of any pre-arrest drunk driving investigation is the administration of the “field sobriety tests” (FSTs).  These usually consist of a battery of excercises involving balance, coordination and mental agility — and are difficult to perform for even a sober person under ideal conditions (see “Field Sobriety Tests: Designed for Failure?“). Although there are many different tests (walk-and-turn, finger-to-nose, one-leg-stand, etc.), an increasing number of law enforcement agencies are requiring their officers to use only the federally-recommended battery of ... Read More »

Did The Defendant Drive Under The Influence?

To convict a person of driving under the influence in California, the prosecutor must prove that the defendant was too impaired to drive with the caution and care of a sober person under similar circumstances. Yet that is not enough for a conviction.  The State must also prove that the defendant actually drove.  Sitting in a car with the engine running is not a violation of California Vehicle Code section 23152 (driving under the influence, or driving with an alcohol ... Read More »

Victory in the West Virginia Supreme Court

On May 22, 2012 I had the privilege and honor of presenting oral argument before the Supreme Court of Appeals of West Virginia in the matter of Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles, Petitioner, v. Mark Thompson, Respondent. Slip No. 11-0891. (*Mr. Thompson’s case was consolidated with another case, Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles, Petitioner, v. Justin Brant Wood, Respondent.) These cases came to the high court ... Read More »

No Refusal Weekends

The media makes a major effort to educate the public when law enforcement agencies decide to have a “No Refusal Weekend.”  Since the first Knox County, Tennessee DUI Enforcement “No Refusal Weekend” in July 2012, those who are mis-informed have generated a lot of incorrect information.  This blog entry will attempt to explain in layman’s terms the underlying Tennessee law. Tennessee DUI law, just like criminal law in general, has allowed an officer to apply to a neutral and detached ... Read More »

And You Thought Beer Cans Were Just for Holding Beer

Imagine yourself lying on a beach in the hot sun, listening to the waves crash against the shore as you finish off another ice cold beer.  Now imagine your skipping across the ocean at 58 M.P.H. in a “sleek, solid looking J-boat built out of a pile” of those very same beer cans.  That’s exactly what the Aussies had in mind when they started the Darwin, Australia Beer Can Regatta 34 years ago. The Australia Beer Can Regatta invites boating ... Read More »

2012 Tennessee DUI Legislation Update

Tennessee DUI Laws 2012 Two new Tennessee DUI laws now make it more difficult to defend persons accused of driving under the influence.  In another change, the DUI penalty when the driver is accompanied by someone under the age of 18 has increased. The 2012 Tennessee Legislature amended Tennessee Code Annotated § 55-10-406 (the Implied Consent Law).  This law applies after an officer concludes that a person is probably under the influence of an intoxicant and then requests the suspect ... Read More »

Necessity Continues to be the Mother of Invention

Joseph Company International of California USA is introducing the first “chill on demand™” pure energy drink this that it believes will become the industry standard in a few years.  The company’s marketing of Chill Can® and Micro-Cool® uses a technology that transforms a warm beverage into a cold refreshing drink with the push of a button.  The company claims the beverage will become chilled in two minutes and stays colder longer than a conventional can by 30 minutes. What do ... Read More »

Victory in the West Virginia Supreme Court

Victory in the West Virginia Supreme Court On May 22, 2012 I had the privilege and honor of presenting oral argument before the Supreme Court of Appeals of West Virginia in the matter of Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles, Petitioner, v. Mark Thompson, Respondent. Slip No. 11-0891. (*Mr. Thompson’s case was consolidated with another case, Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles, Petitioner, v. Justin Brant Wood, Respondent.) ... Read More »