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U.S. DUI News

Washington State Marijuana Legalization: Could it Pit Medical Users v. Recreational Users When it Comes to Driving??

On Friday, Judge Lisa Sutton in Washington rejected a request by a user of medical marijuana to block Washington state from implementing tougher rules on “stoned driving.” After approving a measure for legalizing the use of recreational marijuana in November, from this Thursday, Washington became the first U.S. state to not only legalize marijuana recreational use, but also bring into effect new checks and balances. The new rules, especially those related with driving under the influence of marijuana has a ... Read More »

Georgia Legislator Will Introduce Mugshot Legislation

Representative Roger Bruce Will Introduce LegislationTo Protect Against Exploitation of Headshots for Profit Atlanta, GA – December 7, 2012 – Representative Roger Bruce has recently caught the attention of national media with talks on introducing legislation in 2013 to protect individuals who have headshots for police records, commonly known as “mugshots.” These headshots are visible to the public on the sheriff’s county website and there are no guidelines on the usage of the headshots. This allows third-parties to post the headshots ... Read More »

Dealing With the Impossible California DMV

Today I want to give you an example of just how frustrating and difficult it can be to deal with the California State Department of Motor Vehicles (DMV), and why you really want to have a Board Certified DUI defense attorney representing you on drunk driving case. Motorists who are cited and prosecuted for driving under the influence of alcohol in California face consequences with both the California DMV and the Court system. The DMV takes an administrative action to ... Read More »

Drowsy or Drunk? More About Drowsy Driving

According to the AAA, Drowsy Driving causes nearly one out of six deadly traffic accidents and one out of eight crashes that results in a hospital visit.  Over 40% of drivers admit to having “fallen asleep or nodded off” while driving according to the AAA’s 2010 national survey of U.S. drivers.  Perhaps most alarming is the fact that these statistics may not reflect the full extent of the problem. Hyperarousal is one reason for the under-reporting of accidents that result ... Read More »

Breathalyzers and the “Mouth Alcohol” Problem

One of the most common causes of falsely high breathalyzer readings is the existence of mouth alcohol. The breathalyzer’s internal computer is making a major assumption when it captures a breath sample and then analyzes it for blood alcohol concentration (BAC): It assumes that the alcohol in the breath sample came from alveolar air — that is, air exhaled from deep within the lungs. Since we are trying to measure how much alcohol is in the blood, rather than in the breath, the ... Read More »

Oklahoma Teen Sentenced to 10 Years of Church

THE SEPARATION OF CHURCH AND STATE? November 17, 2012 It is no surprise that judge  Mike Norman handed down church attendance as part of a plea bargain, but this is the first time it was done for something as serious as first degree manslaughter. The accused, 17 year old Tyler Alfred, was charged with manslaughter after crashing a car and killing the passenger, his friend John Dum. Alfred was under the legal limit for Oklahoma, but had still be involved with ... Read More »

Important Recent Changes to New York’s DWI Laws

On September 25, 2012, the Department of Motor Vehicles promulgated “proposed” regulations that dramatically increase the sanctions for drivers with repeat alcohol- and drug-related offenses.  It is important to note that these regulations do not affect revocation periods that are imposed by statute or by other regulation.  These are waiting periods that are applied to applications for relicensure, and are in addition to any revocation period. These regulations are not only applicable to people revoked for alcohol- and drug-related driving convictions, ... Read More »

.02 BAC Violation, Is it a crime??

Often, we get calls from parents telling us their child has been charged with a .02 DUI. Recently on the legal question and answer site AVVO a user posted a question stating that they had been stopped for speeding, given a breath test in which they blew a .03 and were cited for DUI without being arrested. Several local attorneys claiming to be DUI experts or specialists jumped in to answer the question and told the person they needed an ... Read More »

To Sleep or Not to Sleep? The DUI Ambien Defense

To Sleep or Not to Sleep? The DUI Ambien Defense By:       David Katz, Esquire  &  Andrew Nickolaou, J.D.             Even non-drinkers could be in danger of being charged with DUI in Florida.  If you are like the thousands of others who take prescription sleep medication like Ambien every year, you run the risk of a growing phenomenon of “sleep-driving” which could instantly land you in jail charged with drug related DUI and having no recollection of how you got ... Read More »

Florida Fails to Follow Rules for Intoxilyzer Maintainence

Throughout the State of Florida the Intoxilyzer 8000 is the only breath test machine in use. All those arrested for DUI are asked to take a breath test using this machine. To help ensure the accuracy, the State of Florida has enacted rules that must be followed if the prosecution wishes to admit the results using Florida’s Implied Consent Law. When a DUI arrest is made, the driver is taken to a breath testing facility. These facilities are located throughout ... Read More »