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The latest in DUI Defense READ MORE
Jul
8

New device “Hawkeye” to Detect HGN

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AcunetX, a California firm, has developed a device that will aid police in determining if a motorist is driving under the influence. The ‘HawkEye’ uses infrared light to test the movement of the eye during a field sobriety test. The results are transferred to a computer.

The technology adds documentation to the horizontal gaze nystagmus test, which requires a motorist suspected of drunk driving to follow an officer’s finger. The officer is looking for jerky motion in the eye which could be a sign of impairment.
Currently the California Highway Patrol has been using the HawkEye only as a training tool, not in the field. A few local police departments have begun trying the device at sobriety checkpoints. The HawkEye still faces the challenge of being accepted as a source of evidence in a DUI trial. The courts typically need time to consider the accuracy and dependability of any new technology.

However, be advised that HawkEye only records eye movement, and it does not reflect whether the officer is conducting the test correctly. There also continue to be medical conditions that cause natural jerkiness in eye movement, meaning the new technology must be used in conjunction with another test for driving while intoxicated, such as a breathalyzer.

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Jul
5

Pre-Written DUI Arrest Reports

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When a deputy makes a DUI bust, the officer writes an arrest report. It’s the official record of what the deputy says happened. But Eyewitness News in Orlando has uncovered dozens of Orange County DUI arrest reports that apparently have come from pre-written templates. One report, for instance, says the suspect “stumbled slightly when walking and swayed moderately … with a three inch to five inch orbital rotation/sway.” At least ten reports, written by the same deputy over a six-month period, use the exact same phrase. Even reports written by other deputies contain that exact phrase.

In many reports, the deputy noticed the “strong odor of an alcoholic beverage within my interior cab.” That exact phrase appears in report after report. And it’s there whether the suspect’s blood alcohol content was anywhere from .03 to .16. 9 Investigates found 11 other reports, written by a different deputy, that use those exact words, again, no matter how much the suspect had to drink.

“It just doesn’t smell right,” said DUI defense attorney Stu Hyman. “It’s a sad state of affairs when somebody hasn’t even committed the offense yet, but the report has already been written.” 9 Investigates found one deputy whose suspects always do an “orbital rotation” and always “counter-clockwise.” Five deputies always leave their suspects in the car for exactly five minutes before smelling alcohol. In one case, a suspect was described as “he/she.”

It all leads Hyman to believe the reports were pre-written. “Why is it that everyone is swaying three to five inches? Why isn’t it two to eight? Why not one to seven inches?” questioned Hyman….

The TV Station found court testimony where a deputy indicated the sheriff’s office has computer DUI templates. The deputy testified, “I’ve been told people use them. I just choose not to.”

Visit our website to learn more www.duilawdefense.com

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Jul
5

DUI in a motorized La-Z-Boy

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Dennis LeRoy Anderson is the Minnesota man who got a DUI in a motorized La-Z-Boy. Apparently he hit a parted vehicle while he was tooling around on his motorized lounge chair. He has pleaded guilty.

Dennis Anderson, 62-years-old, has a pretty unique method of getting around. His motorized La-Z-Boy (pictured above) turns out not to be the best place for him to get soused though. On Monday, October 19, 2009, he appeared in the St. Louis County District Court and pleaded guilty to DWI in connection to an incident in which he hit a parked vehicle while driving his La-Z-Boy under the influence of alcohol.

The driving a recliner under the influence incident happened on August 31st. Apparently, he had used the motorized chair to get himself to a bar in Proctor, where he is from. He told police that when he left the Keyboard Lounge he was driving just fine until a woman jumped on the chair. At that point, he lost control and hit the parked car. He says he had eight or nine beers in the bar. His blood alcohol level at the time was measured at 0.29 percent which is more than three times the legal limit for driving.

According to the Proctor Deputy Police Chief Troy Foucault, Anderson has the chair rigged up using a converted lawnmower Briggs & Stratton engine that is set for different power levels. He’s got it customized with a stereo, cup holders, steering wheel and a National Hot Rod Racing Association sticker on the head rest.

As cool as he’s made the chair, he had to give it up due to the DWI conviction. He had a previous conviction for drunk driving. The police plan to auction off the chair.

Dennis LeRoy Anderson, now known as the Minnesota man who got a DUI in motorized La-Z-Boy, plead guilty. Sixth Judicial District Judge Heather Sweetland sentenced him to 180 days in the St. Louis County jail. He was fined $2,000 plus court fees. She commuted the jail time and half the fine as long as Anderson completes two years of supervised probation and be electronically monitored for 30 days. He is also ordered to submit to a chemical dependency assessment, comply with their recommendations, abstain from alcohol and/or drug use and submit to random drug and alcohol testing.

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Jun
30

Driver’s license/I.D. checkpoint to be conducted Friday

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Driver’s license/I.D. checkpoint to be conducted Friday

OFFICER KELLY DENHAM / COMMUNITY AFFAIRS UNIT
JUN 30 2010
The Coral Gables Police Department Traffic Enforcement Unit will be conducting a driver’s license checkpoint on Friday, July 2, 2010, at SW 8 St. and Granada Grove Court from 12 p.m. to 2 p.m. They will also be checking for valid vehicle insurance cards, and current vehicle registrations.

This effort is part of the Coral Gables Police Department’s continuing “S.T.E.P.” (Selective Traffic Enforcement Program), initiative to make the streets of Coral Gables safer.

These “driver license checks” are a veiled method of making arrests for other more serious offenses.

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Jun
29

Best Lawyers in Miami

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Jun
28

Alcohol ignition interlock programs for reducing drink driving recidivism

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An ignition interlock device is part of a multi-dimensional program aimed at reducing recidivism in convicted drink drivers. To operate a vehicle equipped with an ignition interlock device, the driver must first provide a breath specimen. If the breath alcohol concentration of the specimen exceeds the predetermined level, the vehicle will not start. As a measure to reduce circumvention of the
device (i.e. someone else blows into the mouthpiece), random retests are required while the vehicle is running. Other components of the drink driving program include information seminars for the driver and downloading data from the device’s data logger, which logs all test attempts and records all passes, warnings and failures.

Objectives

To systematically assess the effectiveness of ignition interlock programs on recidivism rates of drink drivers, by examining rates of recidivism while the ignition interlock device was installed in the vehicle and after removal of the device.

Search strategy

We searched The Cochrane Injuries Group’s Specialised register (Sept 2002), MEDLINE (1966 to August 2002), PubMed (to Aug 2002), EMBASE (1980 to Sept 2002), TRANSPORT (1988 to 2002 issue 06), CENTRAL (The Cochrane Library 2002, Issue 3), The Science Citation Index (1980 to Sept 2002)
National Research Register (2002, issue 3). We also searched the Internet using various search engines.

Selection criteria

Controlled trials in which offenders have been charged with drink driving and have either been sentenced to participate in an ignition interlock program or the usual punishment (either license suspension or some form of treatment program). This study was not restricted by language or status of publication.

Data collection and analysis

One randomized controlled trial (RCT) and ten controlled trials were identified, and also three ongoing trials.Data regarding recidivism while the interlock is installed in the vehicle; after the interlock has been removed from the vehicle and total recidivism during the study were extracted and entered into analyses using RevMan.

Main results
The RCT showed that the interlock program was effective while the device was installed in the vehicle; relative risk 0.36 (95% confidence interval 0.21 to 0.63). Controlled trials support this conclusion, with a general trend − in both first-time and repeat offenders − towards lower recidivism rates when the interlock device is installed. Neither the RCT nor the controlled trials provide evidence for any effectiveness of the programs continuing once the device has been removed.

P L A I N L A N G U A G E S U M M A R Y

Alcohol ignition interlocks may stop repeat drink driving offenses, but only as long as they are still fitted

Convicted drink drivers are sometimes offered the choice of a standard punishment, or for an alcohol ignition interlock to be fitted to their car for a fixed period. To operate a vehicle equipped with an interlock, the driver must first give a breath specimen. If the breath alcohol concentration of the specimen is too high, the vehicle will not start. A number of studies have been conducted to see whether the interlock stops drink drivers from offending again. Most of these studies have not been of high quality. The interlock seems to reduce re-offending as long as it is still fitted to the vehicle, but there is no long-term benefit after it has been removed. However, more studies of good quality are needed to confirm these findings. The low percentage of offenders who choose to have an interlock fitted also makes it difficult to reach firm conclusions about their effectiveness.

For the full report follow this link

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Jun
22

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Jun
22

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The Website Grade for www.duilawdefense.com!

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Jun
21

NHTSA, Virginia Tech Transportation Institute Release Findings of Breakthrough Research on Real-World Driver Behavior, Distraction and Crash Factors

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Driver inattention is the leading factor in most crashes and near-crashes, according to a landmark research report released today by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI).
Nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the event. Primary causes of driver inattention are distracting activities, such as cell phone use, and drowsiness.
“This important research illustrates the potentially dire consequences that can occur while driving distracted or drowsy. It’s crucial that drivers always be alert when on the road,” said Jacqueline Glassman, acting administrator of NHTSA. Her remarks were made during a news conference today at VTTI in Blacksburg, VA.
The 100-Car Naturalistic Driving Study tracked the behavior of the drivers of 100 vehicles equipped with video and sensor devices for more than one year. During that time, the vehicles were driven nearly 2,000,000 miles, yielding 42,300 hours of data. The 241 drivers of the vehicles were involved in 82 crashes, 761 near crashes, and 8,295 critical incidents.
“The huge database developed through this breakthrough study is enormously valuable in helping us to understand—and prevent—motor vehicle crashes,” said Dr. Tom Dingus, director of VTTI.
In addition, a follow-on analysis to the 100-Car Study has also been released. Focused on the types of driver inattention and their associated risk, key findings include:
• Drowsiness is a significant problem that increases a driver’s risk of a crash or near-crash by at least a factor of four. But drowsy driving may be significantly under-reported in police crash investigations.
• The most common distraction for drivers is the use of cell phones. However, the number of crashes and near-crashes attributable to dialing is nearly identical to the number associated with talking or listening. Dialing is more dangerous but occurs less often than talking or listening.
• Reaching for a moving object increased the risk of a crash or near-crash by 9 times; looking at an external object by 3.7 times; reading by 3 times; applying makeup by 3 times; dialing a hand-held device (typically a cell phone) by almost 3 times; and talking or listening on a hand-held device by 1.3 times.
• Drivers who engage frequently in distracting activities are more likely to be involved in an inattention-related crash or near-crash. However, drivers are often unable to predict when it is safe to look away from the road to multi-task because the situation can change abruptly leaving the driver no time to react even when looking away from the forward roadway for only a brief time.
The 100-Car Study and its follow-on analysis were co-sponsored by NHTSA, the Virginia Transportation Research Council (the research division of the Virginia Department of Transportation) and Virginia Tech)

See the complete results here: http://www.nhtsa.gov/DOT/NHTSA/NRD/Articles/HF/Reducing%20Unsafe%20behaviors/810594/810594.htm

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Jun
18

How can you defend criminals?

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It always surprises me how many people are outraged that I would defend someone accused by the police of a crime – and particularly of drunk driving. Arrest increasingly means guilt, and there is a public perception of criminal defense attorneys as being obstructionist, nefarious and somehow unethical. Certainly, every defense attorney tires of the ubiquitous cocktail party question: “How can you defend criminals?”

The answer to that question is complex, involving issues of possible innocence, inaccurate evidence, overcharging by the prosecutor, guarding constitutional rights, untrustworthy testimony, ensuring a fair trial, protection from unfair laws and harsh/illegal punishment — and just keeping the government honest.

One of the better answers, however, was provided some years ago by United States Supreme Court Justice Byron White in the landmark case of United States vs. Wade, 388 U.S. 218 (1967):

Law enforcement officers have the obligation to convict the guilty and to make sure they do not convict the innocent. They must be dedicated to making the criminal trial a procedure for the ascertainment of the true facts surrounding the commission of the crime. To this extent, our so-called adversary system is not adversary at all; nor should it be. But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission. He must be and is interested in preventing the conviction of the innocent, but, absent a voluntary plea of guilty, we also insist that he defend his client whether he is innocent or guilty. The State has the obligation to present the evidence. Defense counsel need present nothing, even if he knows what the truth is. He need not furnish any witnesses to the police, or reveal any confidences of his client, or furnish any other information to help the prosecution’s case. If he can confuse a witness, even a truthful one, or make him appear at a disadvantage, unsure or indecisive, that will be his normal course. Our interest in not convicting the innocent permits counsel to put the State to its proof, to put the State’s case in the worst possible light, regardless of what he thinks or knows to be the truth. Undoubtedly there are some limits which defense counsel must observe but more often than not, defense counsel will cross-examine a prosecution witness, and impeach him if he can, even if he thinks the witness is telling the truth, just as he will attempt to destroy a witness who he thinks is lying. In this respect, as part of our modified adversary system and as part of the duty imposed on the most honorable defense counsel, we countenance or require conduct which in many instances has little, if any, relation to the search for truth.

Some fine day, you or someone close to you will be arrested and charged with a criminal offense. That person may or may not be innocent, but you will pray that he or she is defended against the overwhelming forces of the government by a competent attorney.

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