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U.S. DUI News

Clerical Error May Cause Wrongful Revocation of Driver’s License

On January 25, 2013 the Knoxville News Sentinel reported that this month, the Tennessee Department of Safety (TDOS) commenced driver license revocation actions against at least 1,279 people without proper legal justification.  According to this publication, an error occurred when Knox County officials submitted a list to the TDOS of people that had not timely paid their litigation taxes and/or fines (commonly referred to as “court costs”).  After receiving letters from the clerk’s office that noted a failure to pay ... Read More »

Revenue Shortages Cause Policy Changes In DUI Prosecutions

Revenue shortages continue to plague California’s judicial system—a phenomena bringing both good news and bad news to those facing DUI charges for allegedly driving under the influence. The good news for individuals accused of violating California Vehicle Code sections 23152(a) (driving under the influence) and 23152(b) (driving with a .08 percent or higher alcohol content), is that many District Attorney offices have been forced to cut back on salaried prosecutors, relying instead on inexperienced volunteers from civil firms looking for ... Read More »

Handling a DUI traffic stop/arrest in West Virginia

Virtually since the day I started practicing DUI defense in the Fall of 1999, I have been routinely asked by many friends, colleagues, family members and strangers throughout the land on how to handle a DUI traffic stop in West Virginia. What should I say? What do I do? Do I submit to any roadside or police station testing? Do I agree to be interviewed? Do I ask for a blood test? On and on. Here at The Wagner Law Firm, West ... Read More »

APPROVAL OF NEW ALBAMA DUI IGNITION INTERLOCK DEVICE IS COMING

I have heard from a source close to the matter that the Alabama Department of Forensic Sciences is about to approve another ignition interlock device for persons convicted of DUI in Alabama.  Since September 2012, Alabama’s DUI law began requiring ignition interlock installation for all multiple DUI offenders and even on some first time offenders.  The Alabama Department of Forensic Sciences was given responsibility for drafting regulations for ignition interlock installers and for maintaining a list of approved ignition interlock ... Read More »

Unnecessary Unrelated Recommendations in MA

In a recent press conference, Massachusetts State Police stated their drunk driving arrests increased over 30% from 2011 to 2012 – 3,728 to 4,866 respectively.  Overall conviction rates, however, are 42% with jury trials and 14% with bench trials according to a recent 148-page report by Jack Cinquegrana, special counsel commissioned by the Massachusetts Supreme Judicial Court to investigate operating under the influence (OUI) acquittal rates. As opposed to assuming that those charged, but not convicted of OUI were in ... 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 »

DUI Roadblocks and Sobriety Checkpoints

New Year’s Eve celebrations are almost upon us.  Alcohol consumption is often an integral part of these celebrations.  As a result, most law enforcement agencies, including the Tennessee Highway Patrol, the Knox County Sheriff’s Department and the Knoxville Police Department plan to increase enforcement during the holiday.   Like the majority of the nation, officers in the state of Tennessee will be conducting sobriety checkpoints (also known as DUI roadblocks) and driver license checkpoints from now through January 1, 2013. In ... Read More »

Are Asthmatics Criminally Punished for Inability to Provide a Breath Sample?

Almost all states now have increased penalties for refusing to submit to blood-alcohol testing, usually involving added jail time and/or longer license suspensions. A few states even make refusing a separate and distinct crime. A large percentage of those charged with “refusing” are innocent. One of the most common refusals is the failure to breathe hard enough to produce a breath sample. The various breath machines all require the suspect to breath through a narrow breath tube hard enough to ... Read More »

Washington State Marijuana Legalization: Could it Pit Medical Users v. Recreational Users When it Comes to Driving??

On Friday, Judge Lisa Sutton in Washington rejected a request by a user of medical marijuana to block Washington state from implementing tougher rules on “stoned driving.” After approving a measure for legalizing the use of recreational marijuana in November, from this Thursday, Washington became the first U.S. state to not only legalize marijuana recreational use, but also bring into effect new checks and balances. The new rules, especially those related with driving under the influence of marijuana has a ... Read More »

Georgia Legislator Will Introduce Mugshot Legislation

Representative Roger Bruce Will Introduce LegislationTo Protect Against Exploitation of Headshots for Profit Atlanta, GA – December 7, 2012 – Representative Roger Bruce has recently caught the attention of national media with talks on introducing legislation in 2013 to protect individuals who have headshots for police records, commonly known as “mugshots.” These headshots are visible to the public on the sheriff’s county website and there are no guidelines on the usage of the headshots. This allows third-parties to post the headshots ... Read More »