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Tag Archives: Field Sobriety Tests

New York State Assembly Passes Recreational Marijuana Law

ALBANY, NY (WRGB) — They estimate this could being in 375 million dollars a year in revenue. Lawmakers tell CBS 6 they have made an agreement, But critics of legal marijuana are concerned about what this could mean for public safety, specifically about impaired driving. “We have passed the point of legalized cannabis. It’s in New Jersey it’s in Massachusetts,” Governor Cuomo said in a briefing. The text of the bill hasn’t been finalized yet, but Assembly members say the ... Read More »

Boca Raton Physician Jailed On DUI Charge

BY: ANDREW COLTON | EDITOR AND PUBLISHER Copyright ©2021 MetroDesk Media LLC BOCA RATON, FL (BocaNewsNow.com) — Boca Raton Physician Michael Baskin, MD, was jailed early Friday morning on a DUI charge. According to a police report reviewed by BocaNewsNow.com, Dr. Baskin sped by an officer sitting in his car in the 800 block of South Federal Highway just after midnight. Baskin, according to the police report, flew by the officer at 60 miles per hour in a 35 mph ... Read More »

Boating Under the Influence (BUI)

Were you aware that a conviction for Boating Under the Influence (BUI) may result in the loss of your driver’s license on land?  It can—in some states, just like Driving Under the Influence (DUI). According to Fox News,  in 2020, thirteen states have laws that revoke a person’s driver’s license if they are convicted of Boating Under the Influence.  The United States Coast Guard maintains a chart indicating whether a BUI conviction impacts and offenders automobile driving privileges in their ... Read More »

The Newest in BodyCam Technology

Officers may not particularly like recordings of traffic stops and DUI investigations—after all, who wants all their actions recorded for review by their supervisor and potentially the public? Nonetheless, body cameras are invaluable in protecting both officers and citizens during non-routine encounters because the video footage provides a complete and unbiased recordation of the full situation. In DUI cases, though, the recordings provide experienced defense counsel the opportunity to detect Constitutional violations and procedural mistakes. In particular, lawyers scrutinize the ... Read More »

Avoiding a BWI/BUI Arrest on Memorial Day

Memorial Day weekend begins the boating season throughout the United States.  Enjoying warmer weather with friends and family on beautiful waterways combined with drinking alcohol is an American pastime.  It is not illegal in most states to consume alcohol while driving a boat.  Boaters need to be responsible to ensure that their Memorial Day cheer does not put a dent in their career.  Law enforcement announced increased BWI and BUI enforcement nationwide.  Law enforcement stop boaters for water safety checks without ... Read More »

How Accurate are Field Sobriety Tests?

There are typically three so-called field sobriety tests that Hawaii police officers use when trying to determine if a person is impaired by alcohol.  They were thought up by social scientists pursuant to government grants decades ago.  The science behind them has been examined for years.  There are significant problems.  Besides the fact that many people, completely sober, would fail the tests, the federal government set the bar for employing the tests very low.  The question that was asked was ... Read More »

Diabetes and DUI

Contrary to popular belief, police officers have no inherent skill and little training in detecting levels of intoxication. In fact, they are psychologically predisposed in a drunk driving investigation to “see” what they expect to see, disregarding any alternative explanations. Let’s take a look at one of those possibilities…..As everyone knows, diabetics commonly experience hypoglycemia (low blood sugar levels). And what are the symptoms? Slow and slurred speech, poor balance, impaired motor control, staggering, drowsiness, flushed face, disorientation — in ... Read More »

Michigan’s New Drunk Driving Law Might Be Unconsititutional

At the end of last year Michigan’s law makers presented a bill to Governor Synder which, among other things, made it unlawful to refuse not just the preliminary breath test (PBT), but also, the alphabet or walk and turn test as well.  This is because both fell under the aegis of the phrase “preliminary roadside analysis.”[i]  Specifically, PA 315 removed the phrase “preliminary breath test” and replaced it with the new phrase “preliminary roadside analysis.” According to the Act, the ... Read More »

Michigan’s New Drunk Driving Law Might Lead to More Acquittals

There has been quite a buzz around Michigan lately as the press is waking up to the fact that Michigan’s Legislators blew it last year when they amended the State’s drunk driving laws. Last October Michigan Public Act 315 was signed into law.  This new law, which became effective on January 12, 2015, makes all field sobriety tests inadmissible during the trial of an allegedly intoxicated driver. The law was drafted as part of compromise between those who wanted roadside ... Read More »

Felony DUI Law Coming to Colorado?

Last year, Senate Democrats in Colorado killed a bill that would have made repeat DUI offenses a felony offense in Colorado, much to the surprise and chagrin of the proposed law’s supporters. But now a Weld County state representative is trying again, with a new bill that, if passed, would classify a charged driver’s third DUI in seven years as a class 4 felony.  A class 4 felony carries a 2-6 year prison sentence followed by a mandatory 5 year period of parole.  The ... Read More »