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Home / Tag Archives: Drunk Driving

Tag Archives: Drunk Driving

Coming Soon: Roadside Testing for THC

The national trend toward marijuana legalization results in more drivers with THC in their systems. Law enforcement agencies currently test for THC at a laboratory after a driver is arrested for DUI (called ‘OVI’ in Ohio). Law enforcement desires to use a device to test for THC before a driver is arrested, and the instruments used in crime labs are much too large to be used in the field. That creates a market for companies to manufacture roadside THC testers. ... Read More »

The Body Making its Own Alcohol can Result in a DUI

It may sound like an off-the-wall defense theory, but auto-brewery syndrome is real.  Our bodies can produce alcohol.  Alcohol (ethanol) is basically the product of fermented sugar and yeast.  We ingest yeast in various foods, and at least one kind of yeast is in the human body naturally.  Also present in the body is sugar, either through direct consumption or through the break-down of carbohydrates into glucose.  This means the body is capable of producing alcohol.  Driving with that endogenous ... Read More »

Ohio Supreme Court Clarifies ‘Marked Lanes’ Rule For DUI Cases

In DUI cases across the country, one of the most frequent reasons drivers are pulled over is for a Marked Lanes violation. Laws related to this offense vary from state-to-state. If a police officer observes a Marked Lanes violation, the officer is permitted to make a traffic stop. In Ohio, there has been confusion about what constitutes a Marked Lanes violation. That confusion was recently clarified by a case in the Ohio Supreme Court. Read More »

Justin Bieber Reflects on 7th Anniversary of Miami DUI Arrest: ‘I was hurting’

Jan. 23, 2021, 8:51 PM EST / Source: TODAY By Francesca Gariano Instagram (Justin Beiber Official Page) Justin Bieber is reflecting seven years after his arrest in Miami Beach on Jan. 23, 2014. Beiber was charged with DUI, resisting arrest without violence, and an expired driver’s license. The 26-year-old singer admitted that he was not proud of where he was in his life at age 19 sharing a photo of his arrest on Instagram, above, using the caption to look ... Read More »

DUI Case Certain To Be Heard By Kansas Supreme Court

In Kansas, the penalty for a DUI conviction depends largely on how many prior DUI convictions the defendant has.  For instance, the penalty for a first DUI requires 48 hours in custody and a $750 fine while the penalty for a fourth DUI requires 72 hours in custody and a $2,500 fine.  Judges in DUI cases order a criminal history report that includes a list of all prior convictions.  To determine whether the prior out-of-state DUI conviction can be used ... Read More »

Alcoholics Anonymous May Actually Work

As USA Today reported in 2020, Alcoholics Anonymous (AA), has long been criticized for not having any medical research to back up its efficacy.  However, a new study published by the medical journal Cochrane Database of Systematic Review, reverses a 2006 study by now concluding that AA and similar twelve step facilitation (TSF) programs interventions usually produced higher rates of continuous abstinence than the other established treatments investigated.  This study purposes that, “AA/TSF may be superior to other treatments for ... Read More »

Recent DWI Trends in Missouri- Alcohol and Drug Impairment

According to recently released statistics from the Missouri State Highway Patrol (MSHP), Missouri roads were safer this New Year’s holiday compared to last year. There were zero deaths on the road this year and no injuries. There were 11 deaths were recorded last year. Driving While Intoxicated (DWI) arrests by Highway Patrol troopers were markedly lower than last year. Troopers made 56 arrests for DWI in 2020. Last year, troopers made 130 arrests. Sgt. Jeff Kinder of the MSHP credits ... Read More »

MASSACHUSETTS PROSECUTORS AND DEFENSE BAR CONTINUE BREATH TEST NEGOTIATIONS

District Attorney offices throughout the Commonwealth continue negotiations with representatives of the defense bar regarding the admissibility of breath test results at trial. Some possibilities include expanding the time of presumptively excluded breath tests to include all tests performed since the Dräger 9510 machines were put into service in 2012 through at least 2017. Another potential outcome is to give both prosecutors and defense counsel online access to all maintenance and service records for each machine. We expect that all ... Read More »

Blood and Breath Tests Disallowed in Many Tennessee DUI Cases

On February 6, 2018, the Tennessee Court of Criminal Appeals issued an opinion ruling that Tennessee Code Annotated section 55-10-413(f), which gives the Tennessee Bureau of Investigation a fee of $250 for each DUI conviction that is obtained using a blood or breath test, is unconstitutional. The TBI does not receive this fee in the event of an acquittal. This landmark decision is considered to be limited only used to the persons who were actually parties to this case (over ... Read More »

UPDATE ON THE CONTINUING CHALLENGE TO THE DRÄGER 9510 BREATH TEST MACHINE IN MASSACHUSETTS

The latest hearing regarding the Massachusetts defense bar’s challenge to the Dräger 9510 breath test machine was held by Judge Brennan in Concord on Thursday, February 15, 2018. At that hearing, both Brennan and the defense bar, represented by Joseph Bernard, expressed their dismay that discovery previously withheld by the government continued to trickle out or had even been lost “due to dysfunction at the OAT [Office of Alcohol Testing].” The government pressed Brennan for a schedule that would give ... Read More »