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U.S. DUI News

Court Rules DMV’S Hearing Procedure Unconstitutional

     For many years the California DMV has used a single hearing officer to play the role of both prosecutor and judge in its administrative hearings regarding license suspension actions. Moreover, rulings by hearing officers to “set aside” suspension orders were sometimes reversed by Driver Safety Office managers who simply didn’t agree with the ruling even though they did not participate in the hearing.     California’s Second District Court of Appeal, Division 4, has ruled this administrative hearing procedure ... Read More »

Will Alternative Sentencing Become More Available for DUI Offenders in Tennessee?

In proposed 2022 legislation introduced by Tennessee Senator Stevens and Tennessee Representative Farmer, the sheriff or chief administrative officer of a local jail or workhouse would be authorized to use alternative facilities for the incarceration of an offender convicted of driving under the influence regardless of whether the local jail or workhouse has space available. HB2432 and SB2584 is a major change from current law, but makes a lot of sense given that most DUI offenders are non-violent.  The Tennessee ... Read More »

FHP trooper hit by drunk driver, protects runners during Skyway 10K

PINELLAS COUNTY, Fla. (WFLA) – Dramatic video of a Sarasota woman crashing into a state trooper’s vehicle while under the influence was released by the Florida Highway Patrol on Monday. The video shows Kristen Kay Watts, 52, of Sarasota driving her BMW north on I-275 at a high speed when she approached a road closure that was put in place for the Armed Forces Skyway 10K Race on the Sunshine Skyway Bridge. Watts nearly crashed head-on with a vehicle operated ... Read More »

New Obstacle Proposed to Regain a Tennessee Driver License after a DUI Conviction

A 2022 proposed Bill filed jointly by Tennessee Senator White (SB2736) and Tennessee Representative Ogles (HB2270)would amend current law so that a person who was prohibited from driving due to a DUI conviction must, upon seeking reinstatement of driving privileges, provide the Tennessee Department of Safety with a report from an accredited laboratory demonstrating negative screening results for the substance that was the basis of the person’s conviction. The report must be dated within thirty (30) days of the person’s ... Read More »

Tennessee BUI Convictions May Affect DUI Penalties

2022 legislation proposed by Tennessee Senator White and Tennessee Representative Ogles would amend current law so that a prior conviction for the offense of boating under the influence must be treated the same as a prior conviction for driving under the influence of an intoxicant for purposes of determining punishment for a violation of driving under the influence of an intoxicant.  Likewise a conviction for driving under the influence of an intoxicant (or related offenses) must be treated the same ... Read More »

REQUIREMENTS FOR THE ADMISSION OF BREATH TESTING

What are the requirements for the admission of the intoxilizer breath tests in DUI cases? This question has been litigated for years. To some extent, the standards have been modified and changed. The intoxilizer is obviously subject to a Daubert attack.  Johnson v. Commonwealth has held that breath testing may not be flawless; however, it has been determined for years to have sufficient reliability to be admissible in evidence and to sustain a conviction. 12 SW 3d 258, 262 (Ky. ... Read More »

Alabama defensive coordinator’s DUI arrest leaves him ‘deeply sorry’

Source: foxnews.com Alabama defensive coordinator Pete Golding has been arrested and charged with a DUI. Golding was listed as an inmate in the Tuscaloosa County Jail on Thursday morning after he was jailed on $500 bond. No further details were immediately available. “I am deeply sorry for the actions that led to my arrest last night,” Golding said in a statement. “I sincerely apologize to my family, everyone in our organization, including our players, Coach (Nick) Saban, the staff, the University ... Read More »

‘Mob Wives’ star Renee Graziano arrested for DUI after crashing car

Source: pagesix.com “Mob Wives” star Renee Graziano was arrested on charges of operating a motor vehicle while impaired — after she crashed her car into a parked SUV in Staten Island Tuesday night. A spokesperson from the NYPD confirmed to Page Six that Graziano, 52, was driving a 2020 Nissan Murano when she allegedly lost control and collided with an unoccupied 2020 Jeep Wrangler at the intersection of Arden Avenue and Arthur Kill Road around 10:35 p.m. Sources told Page ... Read More »

DUI Convictions Prohibit Handgun Carry Permits in Tennessee

A client of mine have recently inquired about the effect a DUI conviction would have on their ability to obtain a handgun carry permit.  I explained that even though a 2021 Tennessee law (T.C.A. §39-17-1307(g)) essentially eliminated the general requirement for certain individuals to obtain a handgun carry permit, certain locations within the State may still require a handgun carry permit.  See, e.g., T.C.A. § 39-17-1311.  In addition to suspending or revoking a handgun carry permit for a variety of ... Read More »

Suspected DUI arrests increase 17% for Thanksgiving holiday, CHP says

Source: kcra.com Suspected DUI arrests for this year’s Thanksgiving weekend increased by 17% as compared to last year’s, according to the California Highway Patrol. During the Thanksgiving Maximum Enforcement Period, CHP said 1,019 arrests were made for impaired driving. The period ran from 6 p.m. on Wednesday and ran through midnight Sunday. Fifty-seven people were also killed on the roadway during this period, reflecting a 14% increase from the previous year.   Read More »