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Alcohol on Breath + No Driving = DUI

In the current climate of political correctness, drunk driving is approaching the status of child molesting — and legislators, police, prosecutors and judges seem hell-bent on expanding the offense far beyond any reasonable interpretation. A recent example: Appeals Court Nullifies Drunk "But...

Posted to DUI Blog (Weblog) by Anonymous on 07-16-2010
Pre-Written DUI Arrest Reports: A Smoking Gun

Earlier this week I posted about the increasing practice of police officers in DUI investigations to write arrest reports before the arrest — in fact, before the suspect is even seen driving. This has gotten to the point that computer templates are increasingly used: the officer...

Posted to DUI Blog (Weblog) by Anonymous on 07-09-2010
Police Writing DUI Arrest Reports…Before the Arrest

In recent years, there has been a growing trend among law enforcement to use pre-written arrest reports in drunk driving cases. In other words, they are writing out a batch of phony reports — including "observed" driving symptoms, slurred speech, failed field sobriety tests, admissions...

Posted to DUI Blog (Weblog) by Anonymous on 07-04-2010
An Interview….

Last week I granted an interview which touched on a broad range of interesting subjects. Videotapes on YouTube of the 50-minute interview may be of interest to readers of this blog, both attorneys and laymen…. DUI: The nature of the crime (5:29) ...

Posted to DUI Blog (Weblog) by Anonymous on 06-28-2010
No Probable Cause Necessary for DUI?

Police agencies across the country continue to deny that they employ DUI quotas — which force officers to make unjustified stops and/or arrests. See, for example, DUI Quotas, Yes We Have No DUI Quotas and "Inside Edition" Documents DUI Quotas Across the U.S. A...

Posted to DUI Blog (Weblog) by Anonymous on 06-27-2010
State Supreme Court: Treat Misdemeanor DUI as Felony

About 20 years ago, I coined the phrase "The DUI Exception to the Constitution" to describe a disturbing but growing treatment of DUI as a "politically incorrect" offense. Created and fostered by the demonization of the crime by Mothers Against Drunk Driving, the pressures...

Posted to DUI Blog (Weblog) by Anonymous on 06-26-2010
The “Selective Memory” Filter in DUI Trials

How does a police officer testifying in a drunk driving trial recall every detail of a DUI investigation months earlier? When an officer stops a motorist and suspects that he may be under the influence of alcohol, he begins to mentally record various observations….Was the driving erratic, and in...

Posted to DUI Blog (Weblog) by Anonymous on 06-24-2010
Double Jeopardy and Double Punishment in DUI Cases

When a person is arrested for DUI, his driver’s license is confiscated by the arresting officer and he is given a notice of "administrative suspension". He is also given a citation to appear in court to face criminal drunk driving charges. These are usually two very different procedures...

Posted to DUI Blog (Weblog) by Anonymous on 06-20-2010
“Yes, We Have No DUI Quotas”

As every experienced DUI attorney (and patrol cop) knows, DUI quotas commonly exist — despite the repeated denials of police bureaucrats. See my past posts DUI Quotas, "Inside Edition" Documents DUI Quotas Across U.S. and "What DUI Quotas?". They may be unwritten...

Posted to DUI Blog (Weblog) by Anonymous on 06-13-2010
400 Wrongly Convicted in Washington: Faulty Breathalyzers

I’ve posted well over 100 times during the past six years on this blog about the multitude of reasons why breath alcohol machines are both inaccurate and unreliable. See, for example, How Breathalyzers Work (and Why They Don’t), Breath Alcohol Testing: "State of the Art"?, Breathalyzer...

Posted to DUI Blog (Weblog) by Anonymous on 06-10-2010

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