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Tag Archives: Drunk Driving

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 »

“Slurred Speech”: Evidence of Intoxication?

As with the odor of alcohol on the breath, few DUI police reports will fail to include an observation by the arresting officer that the drunk driving suspect  exhibited “slurred speech”.  It is a standard criteria for detecting alcohol impairment.  The officer fully expects to hear slurred speech in a person he suspects is under the influence, particularly after smelling alcohol on the breath, and we tend to “hear” what we expect to hear. And hearing it supplies the officer ... Read More »

Sealing or Expunging your Massachusetts Record

You may be wondering if it is possible to have your OUI conviction expunged from your record.  The short answer is no.  An expungement order is a court order to remove and destroy records so that no trace of the information remains.  There are two instances, as it relates to DUI, where your record may be expunged.  First, a judge may have your name changed to “John or Jane Doe” on the criminal complaint and expunge your record if someone was charged ... Read More »

DUIs are Forever . . . in Virginia

Among the Top 10 Questions that I am asked:  “How long will a DUI be on my record?” Virginia makes the answer easy:  DUIs are forever. Virginia has no provision to erase or expunge any misdemeanor or felony conviction no matter how much time has passed.  It is true that a first or second DUI (both misdemeanors) will only “count” against you as a previous DUI for 10 years, but as of July of 2013 felony DUIs now count against ... Read More »