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The latest in DUI Defense READ MORE
Aug
22

Celebrity Mug Shots

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http://www.thesmokinggun.com/mugshots/nicolerichiemug1.html

http://www.thesmokinggun.com/mugshots/lohanmug1.html

http://www.thesmokinggun.com/mugshots/melgibsonmug1.html

http://www.thesmokinggun.com/mugshots/mbartonmug1.html

http://www.thesmokinggun.com/mugshots/lohan2mug1.html

http://www.thesmokinggun.com/mugshots/rourkemug1.html

http://www.thesmokinggun.com/mugshots/riptornmug1.html

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Aug
22

Shia LaBeouf Joins The Celebrity DUI Club

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Celebrity members ranging from Paris Hilton to Michelle Rodriguez to Nick Nolte are in the DUI Club.

Somewhere between 2:30 and 3:00 Sunday morning on July 27, 2008, Shia LaBeouf was attempting to make a left turn when his truck made contact with another vehicle, causing his truck to flip. According to sources, it was apparent that the injured Shia was intoxicated; he was arrested for a misdemeanor.

The 22-year-old actor was taken to Cedars-Sinai Medical Center where he was treated for injuries to his head, knee, and hand which required extensive surgery. There was a female passenger in LaBeouf’s car, but neither she nor the driver of the other car was seriously hurt (guess he won’t be the next Lane Garrison or Nick Hogan – not yet anyway).

This is not Shia LaBeouf’s first run-in with the law though it’s by far the most serious. Late last year he was arrested after causing a drunken scene in a Chicago Walgreen’s; the charges were later dropped. Then in the beginning of this year LaBeouf was busted for smoking in a non-smoking area of Burbank, CA.

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Aug
20

Florida Judge Dismisses Breath Evidence in 19 DUI Cases

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Florida Judge Dismisses Breath Evidence in 19 DUI Cases

After a regional alcohol-program coordinator for the Florida Department of Law Enforcement failed to perform a department inspection on an Intoxilyzer 8000 machine, Judge Joyce Williams has opted to toss out breach evidence in nineteen DUI cases that occurred between February 17, 2007 and May 17, 2007.

In most situations, DUI cases are resolved within months of the arrest, but several defense motions have caused delays, according to Assistant State Attorney Greg Marcille.

Judge Williams presided over a hearing where prosecutors attempted to re-introduce breath-test evidence into the effected DUI cases. Without breath-test evidence, the state would be forced to try the cases using other evidence including the smell of alcohol, driving patterns, statements from the defendants, or other physical indicators of intoxication.

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Aug
20

Ignition Interlock Devices and Prosecutors

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        Prosecutors Express Doubt About New DUI Law

Jacksonville, IL.  Aug. 2  - While mandatory ignition locks equipped with a breathalyzer are suppose to prevent convicted first-time, drunken drivers from driving illegally, several area prosecutors doubt they will accomplish that purpose.

The new mandate won’t take effect until Jan. 1, but prosecutors for Morgan, Scott and Greene counties are skeptical about how the offenders will be able to afford the costly monitoring device and pay their DUI fines, which the counties already find difficult to collect…

He and other prosecutors see holes in the system. “It’s a step in the right direction,” said Scott County State’s Attorney David Cherry. “And, yet, it’s a costly device and doesn’t guarantee 100 percent that they won’t drive when they shouldn’t. That’s a problem.”

“If you have a crazy drunk who is going to drink and drive, this doesn’t necessarily stop them from driving,” Mr. Bonjean noted. “It only stops them from driving the vehicle that they put the (breathalyzer) device in.

“That doesn’t mean they can’t go get in their friend’s vehicle or their kid’s vehicle or get in their wife’s vehicle, which would be a violation, and drive that,” Mr. Bonjean said.

Greene County State’s Attorney Matt Goetten echoed the two prosecutors’ concerns, adding, “What’s to prevent them from having someone not drinking blow into it and start the car up?”..

Mothers Against Drunk Driving called the new law one of the most important pieces of DUI legislation passed in Illinois in several years, because ignition interlocks stop vehicles from being driven by those who are drunk, Illinois Secretary of State Jesse White said in a press release he issued last month.

Those on the front lines are skeptical. “I personally don’t think it will have much, if any, effect on DUI offenders,” Mr. Bonjean said. “The only thing I think it is going to do is create a larger market for the (breathalyzer) devices, themselves.

“I think whoever owns stock in these (breathalyzer) companies is probably going to do fairly well, because this opens up a new (sales) avenue for them,” he said.

 

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Aug
16

Slurred Speech

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As with the odor of alcohol on the breath, few police reports will fail to include an observation by the arresting officer that the arrestee exhibited “slurred speech”.  The officer fully expects to hear slurred speech in a person he suspects is intoxicated, particularly after smelling alcohol on the breath, and it is a psychological fact that we tend to “hear” what we expect to hear. And hearing it supplies the officer with corroboration of his suspicions.

Even assuming the honesty of the officer that the defendant’s speech was slurred, there is little evidence that this is symptomatic of intoxication. Impairment of speech is, for example, a common — and sober — reaction to the stress, fear and nervousness that a police investigation would be expected to engender.  Fatigue is another well-known cause.

Skeptical?  Consider the following excerpt from Discover magazine (Saunders, “News of Science, Medicine and Technology: Straight Talk”, 21(1) Discover (Oct. 2000).

Bartenders, police officers and hospital workers routinely identify drunks by their slurred speech. Several investigative groups judged the captain of the Exxon Valdez oil tanker to be intoxicated based solely on the sound of his voice in his radio transmissions. But a team led by Harry Holien, a phonetician at the University of Florida, has found that even self-proclaimed experts are pretty bad at estimating people’s alcohol levels by the way they talk.

Hollien asked clinicians who treat chemical dependency, along with a group of everyday people, to listen to recordings made by volunteers when they were sober, then mildly intoxicated, legally impaired, and finally, completely smashed. Listeners consistently overestimated the drunkeness of mildly intoxicated subjects. Conversely, they underestimated the alcohol levels of those who were most inebriated. Professionals were little better at perceiving the truth than the ordinary Joes….

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