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Tag Archives: Drunk Driving

Bill to create marijuana BAC equivalent fails in Colorado Senate

As we’ve been reporting on this blog for some time, a proposed bill has been circulating in the Colorado legislature that aimed to establish a legal limit on the nanograms of THC per 100 milliliters of blood that state drivers could register in blood tests given by law enforcement officials.  The bill, formally known as House Bill 13-1114, would have made 5 nanograms of THC per 100 milliliters marijuana’s equivalent of the 0.08 blood alcohol content limit for drivers who are ... Read More »

Mississippi Senate Bill 2183: Ending Beer Discrimination or Enabling Abuse?

With the ratification of the 21st Amendment in 1933, prohibition came to an end.  The federal government, as well as the several states, exercising their new-found authority to regulate the substance, began passing laws to provide for its manufacture, consumption, and possession.  And amid the deluge of subsequent legislation, the federal legislature was kind enough to allow for in-home production of wine; but they apparently forgot about beer.  In fact, it was not until 1979 that the home brewing of ... Read More »

Drunk Driving or Distracted Driving?

The dangers posed by impaired drivers are widely recognized.  Drunk and drugged driving remains a significant problem and should not ignored.   Nevertheless, the lesser-known danger of distracted driving must be addressed as well.  Despite evidence that instances of injuries and death due to distracted driving have increased, public awareness and policy lag far behind awareness and policy for drunk driving. In 2009, 5,400 people died and another 448,000 were injured because of distracted drivers.[1]  Of the 5,400 deaths, 995 were ... Read More »

.02 BAC Violation, Is it a crime??

Often, we get calls from parents telling us their child has been charged with a .02 DUI. Recently on the legal question and answer site AVVO a user posted a question stating that they had been stopped for speeding, given a breath test in which they blew a .03 and were cited for DUI without being arrested. Several local attorneys claiming to be DUI experts or specialists jumped in to answer the question and told the person they needed an ... Read More »

To Sleep or Not to Sleep? The DUI Ambien Defense

To Sleep or Not to Sleep? The DUI Ambien Defense By:       David Katz, Esquire  &  Andrew Nickolaou, J.D.             Even non-drinkers could be in danger of being charged with DUI in Florida.  If you are like the thousands of others who take prescription sleep medication like Ambien every year, you run the risk of a growing phenomenon of “sleep-driving” which could instantly land you in jail charged with drug related DUI and having no recollection of how you got ... Read More »

Florida Fails to Follow Rules for Intoxilyzer Maintainence

Throughout the State of Florida the Intoxilyzer 8000 is the only breath test machine in use. All those arrested for DUI are asked to take a breath test using this machine. To help ensure the accuracy, the State of Florida has enacted rules that must be followed if the prosecution wishes to admit the results using Florida’s Implied Consent Law. When a DUI arrest is made, the driver is taken to a breath testing facility. These facilities are located throughout ... Read More »

How “Expert” Are Cops at Detecting Alcohol Impairment?

The drunk driving case rests heavily upon the subjective opinions of the arresting officer — the abilities of that officer to correctly assess DUI symptoms of intoxication: observations of driving, personal symptoms (slurred speech, flushed face, etc.), answers to questions, performance on field sobriety tests. It is his DUI report (and his opinion in that report) which will largely determine what, if any, criminal charges will be filed by the prosecutor; his decision which will or will not result in ... Read More »

Georgia Police Increasing DUI Enforcement for Labor Day Weekend

As the season winds down and end-of-summer celebrations ramp up, authorities throughout Georgia are launching a crackdown on drunken driving. The Atlanta Journal-Constitution reports the Governor’s Office of Highway Safety announced Friday that police, sheriff’s deputies and state troopers will be aggressively looking to pull over and arrest impaired drivers from now through the Labor Day weekend. State officials say 298 people were killed in highway crashes that were alcohol-related in Georgia in 2010. That was roughly one-fourth of all ... Read More »