Saturday , June 6 2020
Home / Tag Archives: driving under the influence (page 10)

Tag Archives: driving under the influence

If a police officer says it then it has to be true…right?

Jason Servo, an Oregon police officer who was arrested and subsequently fired for driving under the influence, has filed a $6 million lawsuit against the city of Gresham claiming that his firing violated his rights under the Americans with Disabilities Act.  The lawsuit alleges that Officer Servo was suffering from alcoholism at the time of the incident and should not have been fired as alcoholism is a recognized disability under the act. In January 2011, after enjoying dinner and drinks ... Read More »

Follow the money: Florida shortens yellow light time at intersections with red light cameras

A local Florida station reports that Florida changed its rules to allow shorter yellow light times at intersections.  The result:  millions of dollars in additional revenues in red light camera fines.  Did Florida cities and counties inform their citizens that “the times were a’changing?”  Of course not!  Why?  Millions of dollars from red light camera fines! As it turns out, the Florida Department of Transportation reduced the yellow light time below federal recommendations.  Why?  Research apparently indicated that if you ... Read More »

The Implied Consent Myth

I originally intended to blog about the April 2013 decision of the United States Supreme Court in Missouri v. McNeely.  (I’ll do that in a future blog.)  But, while doing research, I was once again shocked at the number of newspaper articles and attorneys that don’t understand “implied consent.” An oft repeated refrain goes something like this: “It’s called the implied consent law and everyone signs the form when they get their driver’s license.”  One article goes on to state ... Read More »

Colorado Senate Passes 5ng Bill

Recently in this blog, we’ve reported on the efforts Colorado lawmakers have made to establish a THC-blood limit for drivers in the Rocky Mountain State. At the end of April, a Senate committee rejected a bill proposing these changes to Colorado DUI law, however the measure quickly regained momentum. On Tuesday, May 7, the Senate voted 24-11 in favor of House Bill 1325, which states that motorists who have 5 nanograms of active THC in their blood are too stoned to drive ... Read More »

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 »

Pennsylvania ARD Program for First Time DUI Offenders

Clients often call in panic mode after doing research online and reading the penalties they face for a first offense driving under the influence (DUI) conviction in Pennsylvania.  Those penalties vary depending on what your blood alcohol content (BAC) is and are as follows: Tier 1 (BAC 0.080 to 0.99) 6 months probation $300 fine Safe Driving Classes Court Reporting Network (CRN) Evaluation Drug and Alcohol Treatment Evaluation (if warranted) Tier 2 (BAC 0.100 to 0.159, Minors and Commercial & ... Read More »

Strip Searched for a DUI Arrest?

According to Tennessee House Bill 275, which was introduced this year (2013), strip searches would be allowed regardless of the crime for which one is arrested.  This necessarily incorporates the crime of Driving Under the Influence.  Tennessee Code Annotated § 40-7-119 currently states, “(a) As used in this section, “strip search” means having an arrested person remove or arrange some or all of the person’s clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts ... Read More »

Strange But True – DUI & A Toy Truck

Sometimes DUI defense lawyers come across a story that bears repeating–even at the expense of the poor defendant.  A Jonesboro, Arkansas woman crashed her Pontiac Grand Am into the panels beneath a trailer home. The woman, described by the owner of the damaged property as grossly intoxicated, then jumped into a child’s “Power Wheels” truck and tried to drive away.  Ultimately, she was arrested close by at her mother’s house where she registered .217% blood alcohol on a preliminary breath ... Read More »

DUI Hard-Charger Falls on Hard Times

According to reports from various news outlets, including ABC and Fox News, several hundred DUI arrests in Utah are now in question following a lawsuit filed last month.  The two plaintiffs, Thomas Romero and Julie Tapia, filed their complaint in the U. S. District Court in Utah, alleging civil rights violations by former Utah State Trooper Lisa Steed.  Romero alleges that Steed arrested him for DUI when his BAC was 0.00; Tapia similarly claims that Steed arrested her for DUI ... 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 »