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Recent Posts in DUI Laws Category
| April 20, 2011 |
| Faulty Breathalyzers Cause Prior Convictions to be Reexamined |
| Posted By Admin |
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In January, Ventura county deputies first noticed a faulty reading on breathalyzer devices. They continued to see problems in seven more devices. Authorities said the Ventura county sheriff's department will remove all 125 machines from service, and prosecutors will reexamine some convictions. Capt. Mike Aranda said deputies are required to take two tests to confirm a breathalyzer's results and did not get consistent readings on the tests. "We were diligent," he said. "We were the ones that discovered the defects in the machines."
The Alco-sensor V breathalyzers were purchased in December with a state grant. According to Aranda, the sensors cost about $4,800 each. Chief executive of Intoximeters, Rankine Forrester, said testing showed similar results to those reported by Ventura officials, and the company was working on correcting the issue. "We are testing it to death to make sure we have corrected it before we implement it in the field," Forrester said. "It's a process. Obviously it's not in our interest to have instruments that produce erroneous readings."
If you or someone you know has been arrested for DUI and feel that the charges are unwarranted,
contact our office today to set up a free face-to-face consultation. The DUI attorneys at the
Hedding law firm will sit down with you and collect all the facts pertaining to your unique case. We will work hard to defend you and get the best possible results for your case.
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| March 30, 2011 |
| U.S Senators Are Requesting Apple to Get Rid of DUI Checkpoints Alerting Apps |
| Posted By Admin |
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Senators are requesting that Apple and other companies remove the internet applications that inform motorists of DUI checkpoints. On Tuesday, four democratic senators wrote a letter to Apple, Google, and Research in Motion to persuade the companies to remove apps that provide users with information about DUI checkpoints.
"With more than 10,000 Americans dying in drunk-driving crashes every year, providing access to applications that alert users to
DUI checkpoints is harmful to public safety," according to the letter, which was signed by Sens. Harry Reid, Chuck Schumer, Frank Lautenberg, and Mark Udall.
The senators asked the companies to remove the apps.
"One application contains a database of DUI checkpoints updated in real-time. Another application, with more than 10 million users, also allows users to alert each other to DUI checkpoints in real time," they wrote. "Giving drivers a free tool to evade checkpoints, putting innocent families and children at risk, is a matter of public concern."
Some History:
In 1993 the Michigan Supreme Court held that DUI roadblocks were unconstitutional, stating that warrantless stops were a violation of the Fourth Amendment to the Constitution. American citizens are not supposed to be stopped without reasonable suspicion to believe that they had committed a crime.
The United States Supreme Court later reversed that decision in Michigan V. Sitz. According to Chief Justice Rehnquist, the stops were violations of citizens' rights- but found that these were only minimal violations. The importance of ensuring safety on the highways outweighed the minimal violations. The court left to the states the role of determining how to minimize those violations.
In the landmark case of Ingersoll v. Palmer, the California Supreme Court set the guidelines mentioned in Sitz. The mandatory procedures included "advance publicity".
Advance publicity is essential to the maintenance of a constitutionally permissible sobriety checkpoint. Publicity not only reduces the minimal violations, but it also increases the deterrent effect of the checkpoint.
In State ex rel. Ekstrom v. Justice Ct. of State, supra, 663 P.2d 992, at page 1001 it explains the value of advance publicity: "Such publicity would warn those using the highways that they might expect to find roadblocks designed to check for sobriety; the warning may well decrease the chance of apprehending 'ordinary' criminals, but should certainly have a considerable deterring effect by either dissuading people from taking 'one more for the road,' persuading them to drink at home, or inducing them to take taxicabs.
If you or someone you know is being charged with a DUI, contact our office today to set up a free face-to-face consultation with one of our Los Angeles criminal defense attorneys. The penalties involved with a DUI can be very serious and it is important to have an experienced DUI attorney on your side. At the
Hedding law firm, we have a combined 75 years of experience and have been successful in dozens of cases like these.
Any one of these goals, if achieved, would have the salutary effect of interfering with the lethal combination of alcohol and gasoline. Advance notice would limit intrusion upon personal dignity and security because those being stopped would anticipate and understand what was happening." |
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| October 08, 2010 |
| Will Matt Keough Serve Time in Prison for Felony DUI |
| Posted By Admin |
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Former major league pitcher, Matt Keough, pleaded guilty in July to a felony DUI and was sent to a 90-day diagnostic program at the California Institution for Men in Chino, so psychiatric experts could evaluate him to see if he was eligible for probation. Keough could learn today whether he will be facing jail time or not. Orange County Superior Court Judge Derek Johnson could decide to either sentence him to probation or 16 months to three years in prison.
Keough was supposed to enter a guilty plea in July, but the judge said Keough was too drunk and told him to report back to court another day. He still smelled of alcohol when he reported back to court, but was sober enough to enter the plea.
Keough's run-ins with the law date back to 2005, all alcohol related. His attorney, Harley, claims that Keough's problems sprung from a hit in the head with a foul ball in 1992 during spring training. "He's been a basket case ever since then," Harley said. "He's just a pathetic person." Harley does not have any medical proof or evaluations that being hit by the ball is what has led to Keough's problems, but the attorney did make a point that his family cites the accident as the onset of all these issues.
Officials of the probation department have evaluated psychologists reports and made a recommendation to the judge. Harley will get a chance to see the recommendation today. If it appears that judge Johnson will sentence Keough to more time in prison, Harley said he will ask for the sentencing to be continued so he can prepare his legal arguments to request the lower term of 16 months.
A DUI conviction can have a serious impact on your life and on the lives of those around you. If you or someone you know is facing DUI charges, call our office today. The DUI attorneys at the Hedding Law Firm have handled hundreds of DUI/DWI cases over the years and we know the appropriate steps to take to assist you in making the right decisions. |
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| October 07, 2010 |
| Hospitalized Drunk Drivers Escaping Conviction |
| Posted By Admin |
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According to Dr. James F. Holmes of UC Davis School of Medicine, among those admitted to the ER with a blood alcohol level above the legal limit "the conviction rate is 59 percent." Holmes and his colleagues looked at data from a large California hospital of 241 drivers who'd been admitted to the ER in 2007. These drivers were admitted with a blood alcohol level above 80 milligrams per deciliter, the state's legal limit. Of those patients, the sickest and those with alcohol levels below 200 were less likely to end up with a guilty sentence.
According to the DMV records, surprisingly the investigating police officers believed 11 percent of the drunk drivers were characterized as having "not been drinking." The ER blood samples showed an average alcohol level of 172 milligrams per deciliter. "Those guys were over the legal limit, although the officers said they hadn't been drinking, and they didn't get a DUI," said Holmes.
It wasn't necessarily out of negligence that these police officers did not report the drivers as DUI. Doctors are prevented from giving out patient information by the Health Insurance Portability and Accountability Act (HIPAA), this includes blood alcohol levels. Police often have to wait around at the hospital until the patient has been treated before they can do further investigation. During this time the patient is breaking down alcohol at a steady pace. Although it is possible to estimate the original levels given the elapsed time, it isn't often done. This could explain why the legally recorded blood alcohol levels average some 50 milligrams lower than the hospital's test results. Officers can require a blood test even if a suspected drunk driver refuses, but they only request them if there are signs of intoxication.
"There is a push among some of the injury prevention researchers at our institution to basically get a state law that would require the (emergency department) physician to report to the police that they have an intoxicated driver," Holmes said.Skeptics worry that such a law might scare injured drivers away from seeking medical attention after an accident.
If you or someone you know is being charged for DUI, call us today to schedule a free face-to-face consultation. The Los Angeles DUI attorneys at the Hedding Law Firm have a combined 75 years of experience. We will collect all the facts and information related to your case and devise a proper plan of action for your unique case. |
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