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U.S. DUI News

Video and Audio Recordings Are Golden Nuggets For California DUI Defense Counsel

California DUI Attorney

     Police agencies throughout the Bay Area are increasingly using Mobile Video/Audio Recording Systems (MVARS) to record DUI investigations that include driving patterns, instruction and performance phases of field sobriety testing, and conversation between officers and motorists.  The California Highway Patrol (CHP) has installed these devices in almost all of their patrol cars roving Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Sonoma counties. Police and their union representatives initially resisted the use of these devices.  They ... Read More »

Canada, Oh Canada

If you had previously been convicted of DUI in the United States and were 18 years of age or older at the time, your chances of entering Canada were slim to none as you were considered criminally inadmissible under Canada’s Immigration and Refugee Protection Act (IRPA). Under the new guidelines, which started March 1, 2012, this has changed.  The new policy allows the grant of a one-time fee exemption (normally $200) for a Temporary Resident Permit (TRP), which covers DUI ... Read More »

DUI Entrapment

California DUI Attorney

Suppose a police officer asks or orders an individual to drive a vehicle — and then arrests him for DUI when he complies? This situation comes up more often than you might think. Take, for example, the following case that eventually made its way to the New Jersey Supreme Court…. The defendant asked his brothers at a wedding reception to drive him home because he was too intoxicated to drive. In the parking lot, however, the brothers got into a ... Read More »

Expunge Your Tennessee Criminal Record

The expungement of a criminal record is now possible for many Tennesseans.  On May 21, 2012, Tennessee Governor Bill Haslam signed into law legislation that broadens eligibility for the criminal expungement statute.  The new law allows for the expungement (also known as cleaning, clearing, erasing and removal) of a criminal charge from a person’s public criminal record.  Many Tennesseans once barred from employment opportunities and stripped of important constitutional rights as the result of a one-time indiscretion, will now be ... Read More »

RMV Dealt Blow on License Suspensions

The Massachusetts Supreme Judicial Court has dealt a blow to the Massachusetts Registry of Motor Vehicles policy of suspending licenses for repeat offenders based upon prior cases that had been continued without a finding. The decision in Souza v. Registrar of Motor Vehicles will affect thousands of drivers who either pled guilty or were found guilty of second or subsequent offenses. The license losses for refusing the breathalyzer depend on whether the individual has prior offenses. If a person has ... Read More »

A Misdemeanor DWI in New York Equals the Ignition Interlock Device

 A Misdemeanor DWI in New York Equals the Ignition Interlock Device In New York, effective August 15, 2010, every person who is convicted of misdemeanor Driving While Intoxicated (“DWI”), is required to install an Ignition Interlock Device (“IID”) in any vehicle that they own or operate for a period of at least 6 months, and DMV places such restriction on the driver’s license.  In fact, several courts in Upstate New York have mandated that the IID be installed for a ... Read More »

Road Signs in Georgia Remember “DUI Victims”

In Georgia, drivers along U.S. Highway 27 South near Attapulgus may have noticed a new sign recently, around Mile Marker 8. The sign, which is blue and has a white Georgia map in the center, features the names of two sisters — the late Joy and Jessica Alexander. They were among the five victims of a two-car crash in April 2011. The Georgia Criminal Justice Coordinating Council’s DUI Memorial Fund offers a program where the next of kin to victims of ... Read More »

What Are Breathalyzers, How Do They Work…and Are They Accurate?

Did you ever wonder how breathalyzers work? There is a website which will give you a pretty fair idea. But first, let’s clear up some confusion…. There are many different kinds of “breathalyzers” — or, more accurately, there are many kinds of breath testing devices. The first of the modern breath testers, manufactured by Smith and Wesson many years ago (yes, that Smith and Wesson), was called the Breathalyzer. Since then, various manufacturers have recognized the growing market and come out with ... Read More »

Trooper of the Year?

In 2007, Lisa Steed was named Utah Highway Patrol’s “Trooper of the Year” for making over 200 DUI arrests. Now, her credibility is on the line for admittedly violating procedure in a 2010 DUI arrest. During that arrest, Steed admitted that she deliberately left her microphone in her car to prevent her supervisor from knowing that she severely deviated from standard protocol by used a portable breath test (PBT) before conducting field sobriety testing. Steed’s attorney claims that her admission does not affect her ... Read More »

Breath Test Discovery Fight in West Virginia

Currently pending before the Supreme Court of Appeals of West Virginia is the matter of Pamela Games-Neely v JoAnne Overington (Docket No.: 11-1648). I am lead counsel for the Respondent. The central issue before the high court of West Virginia is whether or not a citizen charged with driving under the influence may obtain through discovery request the download data, and accompanying maintenance records and associated operation/training manuals, from the specific Intoximeter EC/IR II breath machine used on the accused ... Read More »