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U.S. DUI News

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 »

The “Auto Brewery Syndrome”

Can alcohol be created by the human body itself — without any drinking? Apparently so. In an interesting scientific article, two physicians at Union Memorial Hospital in Baltimore reported that they detected the odor of beer in three of their patients. This was in an isolated hospital setting; there was no access to alcoholic beverages. The doctors had urine samples taken and analyzed by gas chromatography. Result? All three showed the presence of alcohol in their systems. Two of these ... Read More »

California Gets Tough on Nurse DUI Laws

Nurse DUI Laws in California It used to be the case that nurses would not run into a problem with the California Board of Registered Nursing for a first offense DUI conviction. At most, the nurse might be asked to submit a copy of the police report and explain what he or she is doing to avoid any future problems with the law. Although this remains generally the case, formal disciplinary action may be instituted by the Attorney General where ... Read More »

Virginia DWI/DUI News: You don’t need to be driving to be convicted in Virginia. What constitutes operation?

We commonly call the offense we defend “driving under the influence” or “driving while intoxicated.”  But in Virginia, you don’t need to be driving to be convicted.  Virginia criminalizes “operating” while impaired also: “It shall be unlawful for any person to drive or operate any motor vehicle . . . .” Va. Code 18.2-266. But what constitutes operation?  If you start to feel the effects of alcohol can you pull to the side of the road and sleep it off?  ... Read More »

Ignition Interlock for All DUIs in Virginia

This July, Virginia will require everyone convicted of DUI to install an ignition interlock device if they want a restricted license.  Judges differ whether the July 1st date applies to all those convicted after June 30th or those arrested after June 30th and subsequently convicted. The Washington Post estimates that the new law will cause 18,000 people per year to spend about $500 for a six month installation.[1]  The Post also estimates a 400% increase in the amount of people needing installation.  In some areas of ... Read More »

SUMMER IN MAINE: WHO ARE YOU?

As summer officially begins, many young adults will find themselves home for the summer or preparing to leave for college for the first time. Of course, college is a place where freedom abounds and, often, this new-found freedom results in an urge to party. This naturally leads some kids to be tempted to purchase alcohol, in order to liven up their nightlife. While for the older collegiate this may be perfectly acceptable, trouble arises when underage students use all too ... Read More »

Synthetic Marijuana (“Spice”) DUI Charges Hard To Prove Based Upon Georgia Crime Lab Tests

The following article was recently posted in a Georgia newspaper.  It is interesting that the only comments sought by the reporter were from a DUI Task Force cop.  What the article and the cop fail to report is that, not only do crime labs in Georgia and across the nation have the inability to test for this substance in blood and urine, police have no training in what to look for when a driver is detained by police and they ... Read More »

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 »