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Tag Archives: Administrative Law

.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 »

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 »

Victory in the West Virginia Supreme Court

Victory in the West Virginia Supreme Court On May 22, 2012 I had the privilege and honor of presenting oral argument before the Supreme Court of Appeals of West Virginia in the matter of Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles, Petitioner, v. Mark Thompson, Respondent. Slip No. 11-0891. (*Mr. Thompson’s case was consolidated with another case, Joe E. Miller, Commissioner of the West Virginia Division of Motor Vehicles, Petitioner, v. Justin Brant Wood, Respondent.) ... Read More »

California Gets Tough on Nurse DUI Laws

Nurse DUI Laws in California It used to be the case that nurses would not run into a problem with the California Board of Registered Nursing for a first offense DUI conviction. At most, the nurse might be asked to submit a copy of the police report and explain what he or she is doing to avoid any future problems with the law. Although this remains generally the case, formal disciplinary action may be instituted by the Attorney General where ... Read More »