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Home / Tag Archives: Drunk Driving (page 4)

Tag Archives: Drunk Driving

Avoiding a DUI – Guaranteed

  Holidays are a time for family, fellowship, and festivities.  However, take precautionary measures if your holiday celebrations include alcohol. Many sober and safe ride services are available during holidays to limit the amount of intoxicated drivers and maintain safe roads.  The National Highway Traffic Safety Administration (NHTSA) has compiled a list of designated driver services across the country, some of which conveniently return you, and your vehicle, back home. [1]  Other services and programs offer designated drivers, scheduled pick-ups, ... Read More »

Colorado DUI Case on it’s way to the U.S. Supreme Court

Arapahoe County prosecutors have asked the U.S. Supreme Court to overturn a decision by a District Court judge and the Colorado Supreme Court, which found that because the officer did not try to obtain a warrant before she ordered a blood draw on Schaufele, the results may not be presented as evidence. Thirteen other states have also filed a petition asking the U.S. Supreme Court to pick up the case. If the high court takes up the case, their decision will have national ... Read More »

How a DUI/DWI Will Impact Your Travel Plans to Canada

Under current Canadian law, a DUI or DWAI conviction in Colorado (or elsewhere in the U.S.) may make you a “criminally inadmissible person.” An “inadmissible person” cannot visit or stay in Canada because they have been convicted of certain crimes in, or outside of, Canada. Despite meeting eligibility requirements, foreign individuals from any country may still be criminally inadmissible to Canada due to previous criminal conduct, or the criminal conduct of their dependents. In particular, if you are convicted of a ... Read More »

IID in PA

IID stands for ignition interlock device and is defined as a handheld breath-alcohol monitoring device that is electronically connected to your vehicle’s ignition. Before starting your vehicle, the IID requires you to take and pass a breath test. If the device detects alcohol, the vehicle will not start. It also requires you to take re-tests while you are operating the vehicle. In Pennsylvania, IID’s are currently required for those who plead guilty or are convicted of a second or subsequent ... Read More »

The Unseen Risks of “One for the Road”

One evening at a restaurant, Martha shares a bottle of wine with a friend.  She nurses one glass over a one-hour dinner.  Nearing the end, another glass is poured from the bottle and she finishes this.  The two friends then order an after-dinner drink.  Noting the time, Martha quickly finishes the drink and leaves.  She is stopped by the police one block from the restaurant.  After questioning and field sobriety tests, she is taken to a police station and tested on a breathalyzer.  The machine shows ... Read More »

The Uber Effect

The Uber Effect – Safety May Be Just One Click Away Launched in 2009, Uber has transformed travel habits through its popular and efficient system of matching potential passengers to Uber drivers and instantaneous wireless payments.  By virtue of Uber’s app or website,[1] individuals may personalize their means of transportation by price and vehicle type.  Expanding to over 200 cities world-wide, Uber has become a viable travel alternative for many. [2] Uber’s success derives from its claim of economic efficiency, ... Read More »

McNeely’s Impact on Colorado DUI Laws

It can’t be denied that the Supreme Court of the United States’ decision in McNeely is making an impact in Colorado, even if that impact is slight and apparent in only the rarest and most serious of cases.  This June, the Supreme Court of Colorado announced its decision in People v. Schaufele, which affirmed a trial court’s order suppressing evidence of a defendant’s involuntary, warrantless, blood draw.  In doing so, the Court found (by a plurality of three Judges) that ... Read More »

“Drive Sober or Pull Over” Versus “Drive Sober or GET Pulled Over”

A couple of weeks ago, a colleague in Tarrant County asked if anyone had a voir dire (jury selection) PowerPoint template for a trial where an accused intoxicated person was parked and not driving. When I volunteered mine, I was shocked and dismayed at how many lawyers had this same type of case. So incensed at the folly of prosecuting people who pull over and try to do the right thing, I gave one of my new associates a project. ... Read More »

The DWI Exception to the Constitution is Alive & Well

There is no actual DWI exception to our Constitutional rights; however, DWI Attorney Lawrence Taylor popularized the term to describe numerous Supreme Court rulings that act as if there were. (See http://dwimanual.com/our-attorneys/what-motivates-us/ for more.) A number of DWI Attorneys have written excellent blogs about the Navarette case – but a previous Virginia case that was before the Supreme Court showed once again that the DWI Exception to the Constitution is alive and well. Harris v. Commonwealth of Virginia shared a ... Read More »

Felony Drunk Driving Now Easier to Prove for Michigan Prosecutors

Effective May 2014, Enrolled House Bill no 5154 makes significant changes to the manner in which an important legal right in felony drunk driving cases is fulfilled.  But first, some background into the felony drunk driving preliminary exam, based on an excellent article written by Cooley Law professor Lew Langham.[i] Currently, every criminal defendant charged with a felony in Michigan is entitled to a preliminary examination, also known as a probable-cause hearing. Once a prosecuting attorney brings criminal  charges against ... Read More »