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Tag Archives: driving under the influence

Citizen’s Arrest or Vigilante Justice?

A recent decision by the Tennessee Court of Criminal Appeals has affirmed that a private citizen may conduct a traffic stop on another private citizen. State v. Wilburn, (Tenn. Crim. App. 2015), was brought to the court’s attention on a certified question of law regarding the denial of the Defendant’s motion to suppress (make inadmissible) all evidence collected against him due to an unconstitutional traffic stop. The Wilburn case involved a driver being pulled over and eventually arrested by a ... Read More »

What is “DUI Manslaughter” in Oklahoma?

If you are charged in Oklahoma for having committed a crime that resulted in the death of someone, under the legal definition of homicide you can find yourself being prosecuted along two basic paths: intentional homicide (that is, murder), or negligent homicide, which is also known as manslaughter. If the death of the other person was in connection with your driving of a vehicle while you were allegedly intoxicated, this situation will almost invariably take you down the manslaughter path ... Read More »

Some Say Hindsight is 20/20 — Can the Same Be Said for Body Cameras?

Across our country police officers are using body cameras to videotape arrests. ABC News posted an article discussing the advantages and disadvantages of body camera use by police officers. A vendor with a photograph of a body camera and more information is: BodyCam. Some experts claim that body cameras will force police officers to follow procedure and allow for every moment at the time of the incident to be documented and reviewed.  Others claim the equipment is too cumbersome or ... Read More »

Why do I have to pay Virginia a “License Reinstatement Fee”?

Why do I have to pay a !@#$%^&* Virginia “License Reinstatement Fee” when I don’t even have a Virginia License? We’ve had a ton of these questions lately. Usually at least a couple of the caller’s favorite expletives are inserted as they rehearse all the costs they have already paid for a Virginia DWI: court fines & fees, ASAP & treatment fees, FR-44 insurance fees, and possibly even reimbursement of arrest costs to the city or county that arrested them ... Read More »

Breath Test Calibration Questioned

In a recent article published by WSMV-TV in Nashville, Tennessee, several Nashville defense lawyers are challenging the results of a specific breath testing device because of some calibration issues with the device that may have affected the results of the breath test. Calibration is a comparison of measurements – often of known samples so that when unknown samples are tested, they will be presumed to be accurate. The breath test device in question is the EC/IR II that is manufactured ... Read More »

Powdered Alcohol Set To Go On Sale This Summer? In Oklahoma?

A new formulation of alcohol in powdered form has apparently been approved by the U.S. Alcohol and Tobacco Tax and Trade Bureau. What this will mean when it comes to state laws governing driving while under the influence of alcohol remains to be fully understood, but some states are already enacting legislation to restrict or even to prohibit the sale of the new product. The inventor of the new product has named it “Palcohol.” The formulation for how it is ... Read More »

Factors Affecting Oklahoma Intoxilyzer and Breathalyzer Tests

Breathing into a Intoxilyzer can feel like testifying against oneself. From the perspective of the person being subject to a breath test, there is no reasoning with it, and no arguing against it. Our faith in modern technology means that technology cannot lie. Or so police officers, prosecutors and their expert witnesses would like you to believe. But is that really the case? Are breathalyzer/Intoxilyzer tests infallible? Part of establishing the existence of a reasonable doubt when it comes to ... Read More »

SCRAM:  Before and After a DWI Conviction in Virginia?

SCRAM – the Secure Continuous Remote Alcohol Monitor – is becoming more popular in Virginia courts both before and after trial.  SCRAM is an alcohol tester that straps on to your lower leg.  It typically consists of two black boxes secured by a locking strap. The most common use of SCRAM continues to be as a condition of bond. If you want out of jail before trial – you have to wear SCRAM. While a number of judges across Virginia require ... Read More »

No Powdered Alcohol for Sale in Tennessee

The Tennessee Senate has approved legislation in 2015 that would ban the sale of powdered or crystalline alcohol in Tennessee. Specifically, Senate Bill 0374 would make it a Class A misdemeanor offense to sell the product. A similar Bill ( HB0404) has been filed in the Tennessee House of Representatives. A Class A misdemeanor generally carries a penalty of from straight probation to 11 months, 29 days in jail; a fine from $0 to $2,500; or both, plus court costs. ... Read More »

Providing Information at a Tennessee DUI Roadblock or Sobriety Checkpoint

At a typical sobriety checkpoint trying to identify drivers under the influence of alcohol and/or drugs, motorists are forced to stop their vehicle, roll down their window, and usually provide certain documentation to an officer.  The documentation generally includes a valid driver’s license, proof of registration and proof of financial responsibility (liability insurance). While the driver is gathering these documents, the officer may also ask questions about what the driver may or may not have been doing before reaching the ... Read More »