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Tag Archives: steven oberman

Do Police Have to Get a Search Warrant to Obtain the Blood of an Unconscious Driver?

Have you ever wondered whether a police officer needs to request a search warrant when attempting to obtain a blood sample from an unconscious suspected drunk driver?  The United States Supreme Court recently answered that question.  The Court agreed that there is no question that our Fourth Amendment constitutional right against unreasonable searches and seizures applies when blood is taken from the body of a person suspected of driving under the influence (DUI, DWI, or OUI). However, the Court was ... Read More »

News Alert for Tennessee Motor Vehicle Habitual Offenders

Tennessee Governor Lee has signed into law an amendment repealing the Tennessee Motor Vehicle Habitual Offender Law (Tennessee Code Annotated 55-10-601, et seq.), more commonly known as the Tennessee Habitual Motor Vehicle Offender Law (HMVO).  Previously, those who qualified as habitual offenders were required to have their driver’s license revoked without any opportunity to drive on a restricted license. This meant that those who were declared habitual offenders were not allowed to drive at all for at least 3 years.  ... Read More »

Ignition Interlocks Reportedly Causing Injuries and Death

The Portsmouth, Virginia CBS affiliate television station, WAVY, has reported that ignition interlock devices may be the cause of injures and death on the roadways.  Not only are false positives a problem for those using the devices, but distractions from the alerts and blowing into the devices while driving have caused crashes. According to the news report posted May 16, 2019, the Virginia Department of Motor Vehicles indicates that the number of crashes due to the device has gone up ... Read More »

Hangover Free Alcohol on the Horizon

Alcohol that makes you feel drunk without a hangover may be available within five years. Today’s generation has become more health conscious than generations before, causing a decline in alcohol sales in many countries. Therefore, the market for a healthier alcohol alternative is on the rise. This market interest in a healthier alcohol alternative has caught the attention of Scientist David Nutt. Nutt is a professor from England, famous for his research on how psychedelics affect the brain.  His latest ... Read More »

Drunk Without Drinking?

A man in Maine was arrested and charged in August of 2016 with operating under the influence after police found him with a blood alcohol level nearly four times over the legal limit. There was just one catch: he said that he hadn’t touched a drop of alcohol in months. While this seems far-fetched, there is a medical explanation for being intoxicated without actually drinking alcohol. This medical explanation, called auto brewery syndrome, actually does affect a rare, small group ... Read More »

False Advertising?

A motorist was stopped on I-80 in Berkley, California for weaving on the highway on February 24, 2019, according to USA Today.  While the driver was arrested for Driving Under the Influence of an Intoxicant (DUI/DWI), California Highway Patrol Officer Baza couldn’t help but notice the irony of the large sign on top of the vehicle.  It stated, “I should probably get a ride home” (with the word “probably” crossed out) and “Buzzed driving is drunk driving.” Interestingly, the National ... Read More »

Drugged Driving Now More Dangerous than Alcohol

The crime of Driving Under the Influence (DUI, DWI, OWI, etc.) may be committed by driving while impaired due to any intoxicant or combination of intoxicants.  These include, among other intoxicants, alcohol, prescribed medication or illegal drugs.   A 2016 study by the Governors Highway Safety Association (“GHSA”) shows a trend in fatal drug related crashes surpassing deadly accidents involving alcohol. Experts say this trend derives from states legalizing marijuana combined with the current opioid epidemic in America. According to ... Read More »

Does .18% Compel One to Mow a Lawn? Apparently Yes

An Indiana man was arrested for driving his lawn mower while intoxicated.  As reported in USA Today, Barry Ridge drove his riding lawnmower onto someone else’s lawn and started mowing the grass.  He then headed down the road.  Once stopped by the police, they observed his eyes to be “glassy” and gave him a breath test.  He registered .189%. The truly amazing fact is that this is the second time Ridge has been arrested for driving his lawnmower while under ... Read More »

Have or Need a Commercial Driver’s License?

If you have, or if you are planning on getting, a Commercial Driver’s License (CDL), you need to know a little bit about how and why prosecutors take such a hard stance on traffic and other related violations when they involve drivers with a CDL. One way to get a good overview is to review, “Commercial Drivers Licenses: A Prosecutor’s Guide to the Basics of Commercial Motor Vehicle Licensing and Violations (Second Edition).” This guide was funded, at least in ... 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 »