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Tag Archives: Arrested For DUI

Legally Prescribed Medication May Lead to a DUI Conviction

I receive many calls from persons arrested for DUI by prescription drugs who want to use as their defense the fact that they were taking the dosage of medication prescribed by their physician.  Today, prescription and over-the-counter drugs are a normal part of daily life for many people—many of whom are surprised to hear that taking a legally prescribed medication can still lead to a DUI conviction. Many prescription and over-the-counter drugs may impair a person’s ability to operate a ... Read More »

Chemical Test Refusals May Not be Criminal

In the context of a drunk driving arrest, a handful of states have enacted statutes criminalizing chemical test refusal. These states are Minnesota, Nebraska, Alaska, Virginia, Florida, Ohio and Vermont. The Ohio statute increases penalties for the refusal rather than considering the violation a new crime. These statutes are unusual, and while still relatively uncommon, they do raise unanswered questions regarding the limits of implied consent statutes and the propriety of the imposition of criminal penalties for refusing a warrantless ... Read More »

Unethical for Lawyers to Use Competitors Names to Attract New Clients on Internet

A recent ethics opinion found that it was a violation of a lawyer’s code of professional conduct to use another lawyer’s name on the internet to attract website visitors and potential clients.  This is a practice shady lawyers have used for decades, but this is the first opinion I’ve seen to directly address this topic. The practice of law is more competitive now than ever, and the legal landscape for lawyers has changed considerably in the last 30+ years.  To ... Read More »

Colorado DUI Enforcement: The Myths Behind the Numbers

Law enforcement officials in Colorado say they made 1,342 DUI arrests between August 16 and September 3 — a time period during which they typically ramp up enforcement efforts in preparation for Labor Day Weekend, reports TheDenverChannel.com. Just to put this in context, because it sounds like a lot, this works out to an annual number of 24,973 arrests.  The 10-year average is usually between 30,000 and 35,000 consistently. 1,300 arrests for 100 agencies over 19 days is two arrests every three ... Read More »

Cop Lets Drunk Driver Go Free After Sex With Her

A Florida lawsuit alleges that a Ft. Lauderdale cop turned a blind eye to a female drunk driver after the two of them have sex.  According to the suit, the officer followed a vehicle from a strip bar that was occupied by two women. As reported in the Detroit Free Press: Thomas Merenda, 34 and a 12-year veteran of the department, also turned himself in Thursday night and is out on a $4,500 bond, facing one count of unlawful compensation ... Read More »

How to Choose the Right Attorney for Your DUI Case.

Many attorneys who practice criminal law also take DUI cases. These “Jacks Of All Trades” may or may not have the knowledge needed to help you in your DUI case. Choosing an attorney who focuses his or her practice on DUI defense may have a significant effect on the outcome of your case. Some states recognize Board Certification in the area of DUI and others do not. It is important that you take the time to interview multiple attorneys before ... Read More »

State laboratory to suspend blood-alcohol and blood-drug testing

In a press release issued today, the Colorado Department of Public Health and Environment has announced that it will suspend itself from blood-alcohol and blood-drug testing due to systemic failures and staff incompetence. DENVER – Effective July 3, the Colorado Department of Public Health and Environment will suspend blood-alcohol and blood-drug testing performed at its toxicology laboratory until further notice. During this suspension, the state toxicology lab will complete the work on samples currently in the testing process. Unprocessed specimens will ... Read More »

NORML calls for Colorado Legislature to Reconsider DUID Marijuana Stardard Based on Biased State Lab

Colorado NORML On June 12th, Colorado NORML (National Organization for the Reform of Marijuana Laws), sent a letter to the Governor, Speaker of House Ferrandino, Senate President Morse and Colorado Attorney General asking  the Legislature reconsider its decision to impose an arbitrary DUID-marijuana standard of 5 ng/ml in light of the revelations of the drastic deficiencies in the lab training, qualification, accuracy, standard operating procedures, reporting, and alleged bias of employees of the state toxicology laboratory at the Colorado Department of Public Health and Environment (CDPHE). Next, NORML is ... Read More »

DUI checkpoints near baseball stadiums hits home for Angels fans

After celebrating the New York Yankees 5-4 victory over the Toronto Blue Jays, Yankee fans left the stadium in a hurry in the hopes of beating the post-game traffic only to be stopped minutes later by the four police DUI checkpoints that were set up just blocks from the stadium. The Bronx police reassured fans that the checkpoints were not aimed towards Yankees fans but were part of a citywide effort to crackdown on drunk driving. An effort that Angels ... Read More »

If a police officer says it then it has to be true…right?

Jason Servo, an Oregon police officer who was arrested and subsequently fired for driving under the influence, has filed a $6 million lawsuit against the city of Gresham claiming that his firing violated his rights under the Americans with Disabilities Act.  The lawsuit alleges that Officer Servo was suffering from alcoholism at the time of the incident and should not have been fired as alcoholism is a recognized disability under the act. In January 2011, after enjoying dinner and drinks ... Read More »