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Tag Archives: DWI

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 »

The Dookhan Disaster

Annie Dookhan, a former Massachusetts chemist is making national headlines for allegedly “dry-labbing” as many as 60,000 drug samples used in 34,000 criminal cases over the past eight to nine years. The count of current inmates affected is now over 1,100. “Dry-labbing” is a term used in the laboratory community for when a person claims to follow proper protocols for research and testing, but in reality, pulled the results out of thin air without doing any research or testing.  For ... Read More »

2012 Tennessee DUI Legislation Update

Tennessee DUI Laws 2012 Two new Tennessee DUI laws now make it more difficult to defend persons accused of driving under the influence.  In another change, the DUI penalty when the driver is accompanied by someone under the age of 18 has increased. The 2012 Tennessee Legislature amended Tennessee Code Annotated § 55-10-406 (the Implied Consent Law).  This law applies after an officer concludes that a person is probably under the influence of an intoxicant and then requests the suspect ... Read More »

Virginia DWI/DUI News: You don’t need to be driving to be convicted in Virginia. What constitutes operation?

We commonly call the offense we defend “driving under the influence” or “driving while intoxicated.”  But in Virginia, you don’t need to be driving to be convicted.  Virginia criminalizes “operating” while impaired also: “It shall be unlawful for any person to drive or operate any motor vehicle . . . .” Va. Code 18.2-266. But what constitutes operation?  If you start to feel the effects of alcohol can you pull to the side of the road and sleep it off?  ... Read More »

Ignition Interlock for All DUIs in Virginia

This July, Virginia will require everyone convicted of DUI to install an ignition interlock device if they want a restricted license.  Judges differ whether the July 1st date applies to all those convicted after June 30th or those arrested after June 30th and subsequently convicted. The Washington Post estimates that the new law will cause 18,000 people per year to spend about $500 for a six month installation.[1]  The Post also estimates a 400% increase in the amount of people needing installation.  In some areas of ... Read More »

Canada, Oh Canada

If you had previously been convicted of DUI in the United States and were 18 years of age or older at the time, your chances of entering Canada were slim to none as you were considered criminally inadmissible under Canada’s Immigration and Refugee Protection Act (IRPA). Under the new guidelines, which started March 1, 2012, this has changed.  The new policy allows the grant of a one-time fee exemption (normally $200) for a Temporary Resident Permit (TRP), which covers DUI ... Read More »

RMV Dealt Blow on License Suspensions

The Massachusetts Supreme Judicial Court has dealt a blow to the Massachusetts Registry of Motor Vehicles policy of suspending licenses for repeat offenders based upon prior cases that had been continued without a finding. The decision in Souza v. Registrar of Motor Vehicles will affect thousands of drivers who either pled guilty or were found guilty of second or subsequent offenses. The license losses for refusing the breathalyzer depend on whether the individual has prior offenses. If a person has ... Read More »

Trooper of the Year?

In 2007, Lisa Steed was named Utah Highway Patrol’s “Trooper of the Year” for making over 200 DUI arrests. Now, her credibility is on the line for admittedly violating procedure in a 2010 DUI arrest. During that arrest, Steed admitted that she deliberately left her microphone in her car to prevent her supervisor from knowing that she severely deviated from standard protocol by used a portable breath test (PBT) before conducting field sobriety testing. Steed’s attorney claims that her admission does not affect her ... Read More »

Red Sox Player Charged

After his alleged hit-and-run DUI arrest in Florida, Bobby Jenks stated “I am embarrassed by the situation and apologize to my teammates and to the Red Sox organization for any distractions I may have caused.” Jenks, a relief pitcher for the Red Sox, was arrested 9 days after his 31st birthday. According to the booking details on the Lee County Sheriff’s Office website, Jenks was charged with five misdemeanors including DUI and leaving the scene of an accident involving damage to property. In ... Read More »

Massachusetts First Offender Bill

Massachusetts’s lawmakers are currently considering and will likely pass a bill that would require first offenders to install an ignition interlock device (IID) in their vehicles. The law currently requires the device after a second or subsequent conviction. By taking this action, Massachusetts would join a minority of states that mandate an IID for anyone convicted of OUI.  This device would cause the cost of admitting to a first offense to rise by nearly $700.00 and would by its passing make fighting the case ... Read More »