November 2009 - Posts

• Guilty…Of Being Average

  One of the greatest sources of error in breath-alcohol testing is the consistently recurring fallacy that the individual tested is perfectly average in certain critical physiological traits. Put another way, obtaining an accurate blood-alcohol reading in a DUI case is completely dependent on the validity of a number of assumptions. Unfortunately for the person being tested, [...] Posted Nov 29 2009, 06:47 AM by DUI BLOG Filed under: Duiblog

• Another “DUI Exception”

  You’ve just been arrested for DUI. And, like in the movies, the officer reads you the "Miranda" rights: "You have the right to remain silent", he tells you, "You have the right to an attorney" And then the very next thing he asks if if you’ll take a breath or a blood test. Now, wait a minute, [...] Posted Nov 22 2009, 04:23 AM by DUI BLOG Filed under: Duiblog

• Are you sure the blood they tested was yours?

  Let me tell you about one of our DUI cases that ended up on the front pages of the Los Angeles Times. My law firm had a young client, I’ll call him "Steve", who had been arrested for drunk driving by the Los Angeles Police Department and a blood sample drawn from his arm. He [...] Posted Nov 18 2009, 12:04 PM by DUI BLOG Filed under: Duiblog

• DUI Cop Framing Gay Drivers for Drunk Driving

  I’ve posted in the past about how easy it is for a police officer to falsely arrest a driver for DUI and to fabricate evidence.  Some of these cops carry this to extremes.  These so-called "DUI SuperCops" receive awards from MADD, departmental promotions, and huge overtime paychecks for testifying in court.  See, for example, DUI SuperCops and SuperCops: The Smoking Gun.  And [...] Posted Nov 14 2009, 11:09 AM by DUI BLOG Filed under: Duiblog

• In the “Physician Heal Thyself” Department

  The endless hypocrisy of MADD’s "War on Drunk Driving" continues… Ohio Trooper of Year Charged With Drunk Driving Lima, OH.  Nov. 10 -  A state trooper in northwest Ohio who was honored by Mothers Against Drunk Driving in 1997 for the number of drunken-driving arrests he made has been charged with drunken driving… Gibson was off duty Sunday when [...] Posted Nov 11 2009, 06:37 AM by DUI BLOG Filed under: Duiblog

• No Surprise: Dirty DUI Cop Goes Free

  I’ve posted in the past about so-called "DUI Super Cops", who get promotions, awards and lots of money by racking up huge numbers of drunk driving arrests — legitimate or not.  See, for example, DUI SuperCops and SuperCops…and SuperCons.  I’ve also written about some of them who’ve been caught.  See How To Be a "Top Cop", Another DUI "SuperCop" and SuperCops: The Smoking [...] Posted Nov 06 2009, 11:02 AM by DUI BLOG Filed under: Duiblog

• “Due Process” for DUI License Suspensions

  So you got stopped last night and arrested for drunk driving. And right after the Breathalyzer showed a blood-alcohol reading of .12%, the officer confiscated your driver’s license and gave you a a piece of paper that said it was immediately suspended. What happened?, you ask. Can they do that? I thought I was presumed to [...] Posted Nov 04 2009, 11:37 AM by DUI BLOG Filed under: Duiblog