October 2008 - Posts

• Secret Memo: DMV License Suspension Hearings Rigged

  Imagine the Presiding Judge of a courthouse telling the other judges, "There have been too many acquittals lately.  I’ve reviewed them and disagree with most of your ’not guilty’ verdicts.  All future acquittals will be submitted to me for review, and if I disagree with them you will be counselled and your fitness to continue serving as [...] Posted Oct 28 2008, 02:23 PM by DUI BLOG Filed under: Duiblog

• Falsifications of Breathalyzer Records Continue

  A few days ago I posted about a state breathalyzer inspector who was "fixing" machines in Miami-Dade County by simply deleting evidence of malfunctions. The Florida Department of Law Enforcement fired her — but not until after she had cast doubt on as many as 10,000 DUI convictions .  See How to Prove Breathalyzer Accuracy: Falsify the Records.  I concluded the post with the [...] Posted Oct 25 2008, 11:51 AM by DUI BLOG Filed under: Duiblog

• “Black-and-White Fever”

  Experienced traffic patrol officers are familiar with a phenomenon which is sometimes referred to as “black-and-white fever”. That phenomenon is simply the normal reaction of most drivers to being followed by a marked police car (painted black and white in many jurisdictions). As soon as the motorist becomes aware that a police car is following him, he [...] Posted Oct 22 2008, 10:02 AM by DUI BLOG Filed under: Duiblog

• How to Prove Breathalayzer Accuracy: Falsify the Records

  One way to make sure that there is no evidence of a breath machine’s inaccuracy and unreliability is to simply make sure there is no record of its false results and failures…even if it means innocent people are convicted.  The main thing is to maintain faith in these devices, right? Fudged Breathalyzer Tests Questions DUI Arrests Inspector Turned Machines [...] Posted Oct 17 2008, 10:56 AM by DUI BLOG Filed under: Duiblog

• Why Do Police Destroy DUI Evidence?

  As we all know from watching TV, the police are always very careful to preserve the evidence in criminal investigations. Except in DUI investigations. What is the single most important piece of evidence in most drunk driving cases? The Breathalyzer test. In fact, it’s the ONLY evidence of the crime of driving with over .08% blood [...] Posted Oct 13 2008, 08:33 AM by DUI BLOG Filed under: Duiblog

• How to Convict a Drunk Driver of Murder

  In California as in most states, the crime prescribed by statute in the event of a death caused by drunk driving is manslaughter.  In recent years, however, MADD’s "War on Drunk Driving" has encouraged prosecutors to find creative ways of charging murder.  Let’s eavesdrop on a veteran prosecutor in California explaining the ropes to an ambitious  young prosecutor: Q. [...] Posted Oct 09 2008, 02:51 PM by DUI BLOG Filed under: Duiblog

• The Disappearing Right to Jury Trial…in DUI Cases

  Ok, the cop said I looked bad on the field sobriety tests, but I know I’m not guilty: I only had two drinks and I’ve got witnesses. No matter what the police say, I can tell my side of the story to my fellow citizens and let them decide. Right? Well….Not necessarily. This right to jury trial, [...] Posted Oct 04 2008, 12:22 PM by DUI BLOG Filed under: Duiblog