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Tag Archives: DUI attorney

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 »

DUI Lawyers Allowed to Investigate Juror’s Facebook and Social Media Pages

According to a new decision by the American Bar Association, DUI trial lawyers may review the social media sites of jurors selected for jury service in their drunk driving trials.  This might be done for two reasons; first to determine if a juror is a good candidate for a particular drunk driving trial, and second, to determine if a juror has, during the trial, violated an order of the court by posting anything inappropriate about the trial. Today, jurors are ... Read More »

Do Breathalyzers Measure Alcohol?

Breathalyzers don’t actually measure alcohol. That’s right.  What they actually detect and measure is any chemical compound that contains the methyl group in its molecular structure.  There are thousands of such compounds — including quite a few which can be found on the human breath. And this machine that determines a person’s guilt or innocence in a DUI case will “see” all of those chemicals as alcohol — and report a falsely high blood-alcohol concentration (BAC). Most breath machines used ... Read More »

Drunk Driving Defense Requires Competent Experts

If your life has been suddenly disrupted by a Michigan drunk driving arrest, then be sure to hire a DUI lawyer specialist who also has access to the Nation’s top DUI experts. The reason this is so important is that a Michigan drunk driving arrest will nearly always involve scientific evidence such as a breath or blood test.  When death or serious injury is involved, additional expertise in traffic reconstruction is necessary. Retaining a lawyer who understands this evidence is ... Read More »

New Technology to End Drunk Driving?

In August 2013, National Highway Traffic Safety Administration Chief David Strickland wrote to the CEO’s of major automakers and urged them to continue supporting research and development of in-vehicle alcohol detection systems.  In 2008, research funded by automakers and the federal government began an effort to develop in-vehicle technologies that would prevent intoxicated drivers from starting and driving a car.  Although the Ignition Interlock Devices that are currently used accomplish this same goal, this new technology would differ significantly. Ignition ... Read More »

Proposed Changes to Florida’s DUI Laws May Limit Defenses.

House Bill 299 is a 96 page proposed amendment to Florida DUI Laws. There are numerous proposed changes which will be discussed in future posts, but the subject of today’s post is the proposal that makes it illegal to have a breath or blood concentration of .08 or higher at any time after driving. According to House Bill 299 a person can be convicted of DUI if, “[t]he person has an alcohol concentration of .08 or more grams of alcohol ... Read More »

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 »

Drunk Driving Entrapment?

Suppose a police officer asks or orders an individual to drive a vehicle — and then arrests him for DUI when he complies?  Does this constitute entrapment? This situation comes up more often than you might think. Take, for example, the following case that eventually made its way to the New Jersey Supreme Court…. The defendant asked his brothers at a wedding reception to drive him home because he was too intoxicated to drive. In the parking lot, however, the ... Read More »

Reckless and Careless Driving and DUI

If you’ve been charged with driving under the influence, it is likely that you have also been charged with one or more summary offense.  A summary offense is a minor crime, for example careless driving or reckless driving, and often times, is the reason the officer pulled you over. In Pennsylvania, after being charged with a DUI, or any crime for that matter, the first court appearance is normally at the District Court closest to where the incident occurred. Every ... 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 »