January 2009 - Posts

• “Do as I Say…Not as I Do” (cont’d)

  In my last post, I presented three news articles from the previous three days reflecting the double standard in  how cops, prosecutors and judges are treated when they are caught driving drunk.  In the judge’s case, despite aggravating facts she avoided any jail time…But surely she’ll be removed from sitting on the bench, right? Secret Discipline of $150,000-a-year DUI [...] Posted Jan 28 2009, 11:05 AM by DUI BLOG Filed under: Duiblog

• “Do as I Say…Not as I Do”

  What happens when cops, prosecutors and judges get busted for drunk driving?  A sampler from the past 3 days’ news… Officer Not Charged with DUI Pekin, IL.  Jan. 23 – A Pekin police officer arrested for DUI on Dec. 19 will not be charged with DUI because of a lack of evidence. Patrolman Andrew J. Thompson, 29, of [...] Posted Jan 24 2009, 10:42 AM by DUI BLOG Filed under: Duiblog

• Are They Finally Getting It?

  As readers of this blog are aware, one of my biggest peeves is the demonstrated unreliability of breathlyzers which largely determine an accused citizen’s guilt or innocence….and of the continuing refusal of manufacturers to let the defense or prosecution inspect the critical software – even to the point of ignoring lawful court orders.  See, for example, Breathalyzer Manufacturer Thumbs [...] Posted Jan 23 2009, 12:23 PM by DUI BLOG Filed under: Duiblog

• Driving Under the Influence of…Ice Cream?

  I’ve posted repeatedly in the past about the multitude of problems with breath-alcohol machines – including the disturbing fact that they are non-specific for ethyl alcohol.  In fact, they don’t actually measure alcohol, but rather the presence of the methyl group in the compound.  See Why Breathlayzers Don’t Measure Alcohol. Unfortunately, there are thousands of compounds that [...] Posted Jan 21 2009, 02:32 PM by DUI BLOG Filed under: Duiblog

• Breathalyzer Manufacturer Avoids Court Order

  I’ve often reported of the ongoing struggle of defense attorneys across the country to get breathalyzer  manufacturers to disclose the secret software that runs their various breath testing machines.  Unreliable or inaccurate software code will produce inaccurate blood-alcohol results — and the conviction of innocent citizens.  Increasingly, courts across the country are ordering manufacturers to produce the code for defense inspection.  See, for example, Judge Orders [...] Posted Jan 19 2009, 11:13 AM by DUI BLOG Filed under: Duiblog

• Presumed Guilt Continues in DUI Cases

  In this country, we have certain constitutional protections.  One of the most important of these is the presumption of innocence.  But as I’ve posted repeatedly in the past, this no longer exists in drunk driving cases.  See, for example, Whatever Happened to the Presumption of Innocence? and If You Can’t Prove It, Make the Defendant Disprove It.  And [...] Posted Jan 15 2009, 12:52 PM by DUI BLOG Filed under: Duiblog

• Justice vs Profits….revisited

  In my last post, I indicated that the Arizona Judge reversed her earlier ruling that the manufacturer of the breath machine used in that state, CMI, Inc., had to turn over the software for inspection by the defense.  The reversal was based upon the fact that CMI was headquartered in Kentucky, and since they did not [...] Posted Jan 15 2009, 09:34 AM by DUI BLOG Filed under: Duiblog

• Justice vs Profits: Guess Which Wins…Again?

  Guilt or innocence in a drunk driving case commonly hinges on the breath test — and on the accuracy and reliability of the breath machine.  I’ve written ad nauseum in the past about the demonstrated lack of both — and on the success of manufacturers in keeping the inner workings of their machines secret.  See, for example, [...] Posted Jan 13 2009, 11:03 AM by DUI BLOG Filed under: Duiblog

• Trial by Machine

  I’ve posted extensively over past years about the continuing disintigration of the United States Constitution when it comes the the politically-sensitive field of drunk driving.  See, for example, The DUI Exception to the Constitution and Who Cares About DUI?.  One example of this is the growing use of presumptions of guilt – in direct violation of our constitutional [...] Posted Jan 08 2009, 02:12 PM by DUI BLOG Filed under: Duiblog

• DUI Murder?

  In recent years it has become increasingly fashionable and politically advantageous to adopt MADD’s "War on Drunk Driving" — to ratchet up the Draconian penalties while at the same time gradually eliminating inconvenient laws and constitutional safeguards. Perhaps the most glaring example of this approach has been the relatively recent phenomenon of politically ambitious prosecutors charging suspects in [...] Posted Jan 07 2009, 12:20 PM by DUI BLOG Filed under: Duiblog

• Who Judges the Judges?

  So you got arrested for drunk driving — after crashing into a parked police car, injuring the cop, making racist remarks to him, and then blowing .16% on the breathalyzer.    So you’re looking at, what…60 days in jail?  120 days?  Maybe felony drunk driving? Not if you’re a judge….. Cofield Accepted Into Alcohol Rehabilitation Program Hartford, CT.  Dec. 8, 2008 - In [...] Posted Jan 05 2009, 05:36 PM by DUI BLOG Filed under: Duiblog