The drivers alleged that the machines were improperly calibrated and produced inaccurately high results. It is also thought that many as 400 people were convicted in that metropolitan area based on results that were likely incorrect.
]]> That the city was willing to pay drivers this amount indicates that even city officials understood the damage that a wrongful conviction for DUI can bring as such a result. Offers have also been made to others convicted for DUI as well, but these individuals have not yet accepted the offer proposed.Without question, legitimate convictions do serve a purpose in getting drunken drivers off of the road. Thousands of individuals are injured or killed every year due to people getting behind the wheel when they are intoxicated.
However, the credibility of law enforcement officers will be lessened if convictions are based upon inaccurate readings of blood alcohol levels. It will also compromise a court system that is based upon the admission of evidence that is reliable and relevant.
Lawyers have the right to challenge such evidence as the burden of proof concerning DUI convictions is upon the prosecution. Someone charged with a DUI cannot be convicted until proven guilty.
Source: Claims Journal, "District of Columbia to Pay 4 Motorists in Breath-Test Lawsuit," by Eric Tucker, May 10, 2012
]]>The judge in one particular case did not allow in evidence showing that Ditka's son had a blood alcohol level of .16. The judge made a determination that such results could have been tainted by the use of tobacco juice.
]]> It's difficult to know what was produced that would lead a judge to make such a determination. However, undoubtedly evidence was produced that put into doubt whether the blood alcohol reading was correct. If tobacco juice by itself could affect breath test readings, how many other factors may affects such results as well?Such breath tests are being challenged throughout the country by attorneys representing individuals charged with DUI. Though many individuals charged with DUI are convicted based upon such readings, such a presumption that a breath reading automatically leads to guilt needs to be challenged. This is especially true when a large number of factors can throw such readings off.
The results can vary depending on how the test was administered, where it was administered and when it was administered. Improper recording or handling of the test can also lead to questionable results. Occasionally, it has even been found that certain breathalyzer machines will bring back varied results.
The stigma and the consequences that come along with being arrested for DUI are too severe to be based upon evidence that is faulty or not reliable. The burden must be on those prosecuting DUI cases to present evidence that is credible.
Source: Deerfield Patch, "Ditka DUI Evidence Tossed," May 11, 2012
]]>The driver has also been charged with driving under suspension and for failure to surrender his suspended license. It has also not been reported if he as of yet has an attorney.
]]> Considering the charges such an individual faces, he would strongly be advised to retain an attorney at the earliest possible time. When an individual is arrested for felony DUI, that person is generally subjected to a number of field sobriety tests, asked to take a breath test and possibly a blood alcohol test, and then forced to undergo interrogation by arresting officers.At any point, an attorney being present could assist the individual arrested from unknowingly supplying the police officers additional evidence that can be used against him in a court of law. And when such a person is arraigned, he may face even more additional criminal charges that could add years of imprisonment to the penalties he already faces.
Few individuals are prepared financially or emotionally for the kinds of penalties such an individual might be facing. A felony DUI alone can lead to years of imprisonment, thousands of dollars of fines, and suspension of a driver's license. In addition to already comprehending the events of the accident that occurred, this person also faces an additional social stigma.
Such an individual needs all the help that they can get.
Source: The Republic, "Man charged with felony DUI after striking pedestrian near Columbia bar district," May 5, 2012
]]>When asked how much he had to drink, he was reported as saying, "I drunk a beer." Police then reported that the councilman threatened to kill one of the officers while riding back in the police vehicle. He also was recorded saying to another officer: "You might not have on the right uniform. You might need to put on a robe and a hood."
]]> The police chief is now calling for the councilman to resign for racist and unprofessional statements made after his arrest. Another councilman referred to such statements as being "reckless and frivolous."Without question, anyone pulled over for a DUI would wish that they kept their mouth shut and did a lot of things differently. If someone is pulled over for a DUI, one of the wisest things they could do is immediately contact an experienced attorney before answering any questions. This could save a great deal of potential embarrassment for the person arrested. In the case of the above mentioned councilman, it may have at least kept the media quiet on the arrest because they would not have had as much material to work with.
Still, it must be remembered that there are always more than one side to every story. Some critics of the police department feel that the councilman was targeted for arrest and may have been pulled over because of racial profiling. Though there's no way to know if this really was true with the amount of evidence we currently have, it will likely be an avenue that needs to be explored.
Source: WSPA.com, "Calhoun Falls Councilman Arrested for DUI, Wants To Address Council Thursday," April 19, 2012
]]>Such legislation obviously is controversial and this is possibly the reason why it has been stalled in both South Carolina legislative houses. Currently two or more DUI convictions are required before such interlock systems are installed. Once installed, the driver would have to take an alcohol breath test before the system will unlock and the driver can then start up the car.
]]> Whether such legislation is beneficial or harmful probably depends on who you ask. However, lawyers could find fault behind the policy for creating such legislation. Though many first time offenders have gotten behind the wheel while intoxicated in the past, this does not mean that this applies to all individuals pulled over and convicted for drunken driving.Putting such legislation in place means that all DUI convictions will be treated essentially the same instead of looking at the individual circumstances of each case. Nobody wants to have drunken drivers on the road. However, we do need to pass balanced legislation that prevents an automatic presumption from being made based on a single conviction.
Source: The Item, "Victims urge legislators to pass tougher DUI legislation," by Noelle Phillips, April 29, 2012
]]>What has been reported is that certain counties in South Carolina and throughout the country will be upping the number of police patrols that will be on the road. Such law enforcement officers will also be checking out passengers as well as drivers to see if underage drinking is taking place. Such officials have also asked hotels and motels to watch out for underage drinking and report and suspected activity.
]]> It goes without saying that the penalties accompanying underage drinking can be severe. Sadly, a single mistake on the part of a teenager can result in long term consequences for a possible arrest.When such arrests do occur, it is always a good idea to contact a lawyer experienced in working with suspected underage offenders. Such lawyers can often prevent circumstances from getting out-of-hand and minimize any adverse consequences.
Though underage drinking is a problem that needs to be taken seriously, most teenagers are going to partake in drinking events at some time or other during their high school years. A minority of such cases deals with teenagers experiencing substance abuse problems, but many other young people participating do not make a habit out of it. That's why every underage drinking arrest needs to be treated individually to make certain the consequences of what has occurred are appropriate.
Source: CBS 6 Albany, "Higher Police Presence Promised On Roadways As Prom Season Kicks Off," April 30, 2012
]]>The number one reason why such results should be questioned, however, is the fact that such results are not always reliable. In Colorado, the department of health is now re-testing more than 1,700 blood alcohol samples as an employee purportedly misreported several test results. Simply stated, he reported blood alcohol levels incorrectly and such incorrect results may have resulted in DUI convictions.
]]> The employee that supposedly misreported the results has since been fired from his job. But though such actions were taken, it would be difficult to assume that this individual was the only employee to ever make mistakes with such results.Defendants in a court of law are presumed innocent until proven guilty. For evidence to be admitted into court it must be reliable. Also, the burden of proving the reliability of evidence has to be on the law enforcement officers using such evidence to convict suspected DUI offenders.
Those charged are often not in the position to challenge the results of tests that may not be reliable. That's why it is always a good idea for individuals charged with DUI to be represented by an attorney that can make certain that such challenges are addressed. Otherwise, innocent individuals may face significant fines and even jail.
Source: CBS Denver, "Samples From DUI Cases Being Re-Tested," April 20, 2012
]]>There apparently were students on the buses at the time the accident occurred, but none of them were injured. The driver has now been placed on leave by the school district.
]]> Probably someone charged with DUI that also happens to be a school bus driver is not going to receive a great deal of sympathy from the public. Yet it is precisely this kind of individual that is going to require any kind of legal assistance he or she can receive after being charged with drunken driving.Such individuals face possible fines, jail sentences and suspension of their driver's license. In this particular case, suspension of the license also could mean the loss of a job. In South Carolina in particular, first time offenders can face fines of up to $1,000 and 90 days in jail. Repeat offenders can be fined up to $10,000 and serve as many as three to seven years in prison.
In addition, prosecuting attorneys may wish to make an example of such a driver and come down harder precisely because the story made the newspapers and the accident involved the possible injury to school children. Yet it should not be assumed that such individuals are guilty of such offenses simply because such stories are more publicized.
Source: WSPA.com, "South Carolina School Bus Driver Charged With DUI After Crash," April 20, 2012
]]>The prosecution will need to prove that an 84-year-old Charleston man is guilty of a felony DUI. According to a news report, the charges came as a result of an accident involving the 84-year-old man and a 29-year-old motorcyclist.
]]> According to news sources, the 84-year-old was driving an SUV in West Ashley when the accident occurred in the intersection of Glenn McConnell Parkway and Magwood Drive.Apparently the motorcyclist was stopped at a red light when the SUV driver turned south into traffic rather than north with the traffic arrow. The improper turn resulted in the SUV striking the motorcyclist.
The 29-year-old biker was taken to Medical University Hospital where he was reported to be in serious condition. There was no mention of whether he was able to relay any information regarding the crash.
The police estimate that the SUV was going about 20 miles per hour when it struck the motorcyclist.
The news report does not state the circumstances that led the police to believe that the 84-year-old was impaired by drugs or alcohol. However, he reportedly had a blood alcohol concentration of 0.13 percent. The legal limit in South Carolina is 0.08 percent.
There were many details left out of the news report. Were the proper sobriety test procedures followed in the 84-year-old's arrest? Was a breathalyzer used in the field? If so, was it properly calibrated? Were there witnesses to the event?
A felony DUI charge is very serious. Any prison time for a conviction could be very serious, given the man's advanced age.
Source: The Post and Courier, "Man, 84, arrested on felony DUI charge after crash with motorcyclist," Andrew Knap, April 3, 2012
]]>In a neighboring state an individual had a breathalyzer test administered and a reading of .384 cropped up. Such a reading is so high that questions have been raised as to the accuracy of the result.
]]> A representative of an addiction recovery center stated that the individual in question would likely have been dead if these results were accurate. She stated that a man of average size would have had to have downed approximately 20 drinks an hour before the breathalyzer test was administered, and this amount of alcohol could have killed a young person with no tolerance for liquor.She went onto say that even if that amount of liquor didn't kill the young man, it would have least made it next to impossible for him to have functioned. She suggested that he probably couldn't have even driven a car. The suspect himself stated that he was coherent at the time that he was pulled over - though police did say he smelled of alcohol and exhibited signs of drunkenness.
What this says is that attorneys have every right to challenge breathalyzer results in court, and individuals pulled over have the right to refuse to have such tests administered because the results can lead to the erroneous presumption of guilt.
Source: UPI.com, "Driver's Breathalyzer results questioned," March 28, 2012
]]>When asked by officers if he had anything to drink he replied that he had too many drinks. He also told officers that, "I'm 19-years old and underage." When officers asked why he made this confession he replied that it was because he was drunk. When officers asked him where he had been drinking, the student replied that he had been consuming alcohol "everywhere." The student was soon after taken to jail.
]]> This was one of those circumstances where it would have been best for the student to contact an attorney before he spoke to anything. Though it may be true of almost anyone arrested for alleged drinking violations, minors simply do not understand their legal rights when it comes to such arrests.Young people like this student do not have to say anything to the police without the presence of an attorney. They also don't always understand that what they do say may be brought up at a later point in front of a magistrate. Most importantly, they often do not understand the seriousness of the charges brought against them and that the penalties for a conviction can often be quite severe.
The above incident gives us a glimpse of a college student that would likely come to regret what happened the night of his arrest if he even remembers what occurred. Does such a circumstance warrant jail time or other harsh penalties? Young people will make mistakes and care must be taken to not overreact.
Source: redandblack.com, "University student arrested after being found on steps of the Chapel," by Joshua Johnson, March 31, 2012
]]>It is now believed that underage drinking often begins as early as middle school. It is thought that educational programs concerning alcohol and alcohol abuse should be introduced in our schools long before that. It is also thought that much of this behavior is introduced to teenagers through glorified portrayals in movies and in the media.
]]> Each underage drinking offense is unique, and such offenders should not be tried in court according to an assembly line basis. Even the best behaved of teenagers are going to find themselves in troubling or engaging in behavior that can lead to problems later on. How incidents of underage drinking are handled is of utmost importance. The importance in handling such matters is that a positive solution can be found.Very few teenage girls indulging in binge drinking deserve any sort of institutionalization. What they do deserve is assistance and good advice so that they will not have to face additional arrests or problems in the future. Lawyers that have worked with such young offenders in the past can provide that advice and also provide resources for individuals that may be struggling with an alcohol or drug dependency issue.
Source: Huffington Post, "Teen Girls and Binge Drinking: Younger Girls Feel Pressure to Drink Excessively," April 2, 2012
]]>NFL player, Hines Ward, was recently charged with a DUI in a neighboring state. Ward asked the arresting officer if the incident would be reported in the newspapers to which the officer responded, "Only if you tell somebody." Though Ward was skeptical, the police officer insisted that the media would only get wind of Ward being charged if they knew exactly where to look for the information.
]]> Ward refused to take a breathalyzer test after his arrest. Though Ward had told police he only had two drinks, he did fail a field sobriety test. Whether Ward was or was not telling the truth about his circumstances, his attorney insisted that the facts would show that Ward was not intoxicated.Eventually DUI charges were dropped against Ward (though he did plead guilty to reckless driving), but his arrest for DUI was heavily covered in the media before any conviction took place. The reasons why the DUI charges were dropped are unknown, but a videotape of Ward's arrest was obtained while also showing him expressing concerns about the news being made public.
The penalties for DUI are stiff and are in place to curb drunken driving on our roads. Even so, it is still up to the arresting officers and the prosecution to prove up their claims as an arrest is not the same thing as being guilty of what has been charged. Too often the media rushes to judgment before individuals have had a chance to tell their side of the story.
Source: The Atlanta Journal-Constitution, "NFL's Hines Ward feared DUI arrest getting out," by Christopher Steward, March 13, 2012
]]>Recently South Carolina prosecutors dropped boating under the influence charges of an individual that was operating a boat at the time of a crash that killed two women. The boat operator's blood alcohol level was measured at 0.11 sometime after the crash. However, for whatever reasons the operator was able to pass the initial sobriety checks that were conducted earlier.
]]> There is a great deal of controversy over blood alcohol tests taken in South Carolina. Results can vary depending upon the method that the tests were conducted and in the way that the results were originally analyzed.Procedures are required when such testing is conducted, and if such procedures are not followed an attorney has the right to challenge such results in court. The burden of proof in such matters will be on the prosecution.
There will also always be controversy as to whether the .08 legal limit requirements was a number that presents actual impairment or if it was a number that was arrived at randomly to make it easier to convict drivers accused of being under the influence of alcohol. Not all DUI cases are the same. This is demonstrated by the boater passing sobriety checks while still having a blood alcohol level over the legal limit.
Source: WDEF News, "Drunken boating charges changed in SC deaths," March 6, 2012
]]>The magistrate was arrested after being involved in accident that occurred on a Saturday afternoon. The magistrate's vehicle was found on an embankment of a resident's front yard. It was reported that there was a strong smell of alcohol in the vehicle and that the magistrate failed a field sobriety test. The magistrate was jailed for a short time due to the results of a breathalyzer test, but what the exact results of that test are unknown.
]]> Though by now it is probably apparent to most everyone, individuals arrested for DUI can come from practically anywhere. It involves rich and poor alike and can involve just about every profession. Though there occasionally is criticism that some individuals are granted special treatment when it comes to DUI convictions, there is also the possibility that such individuals will be made an example.The magistrate in question had no prior record of DUI convictions. Nevertheless, he's now been placed in a position where he was required to resign from a position that he had worked very hard to attain. His story will be reported in the local newspapers and television stations and it will likely be sometime before he will be able to regain the trust of the community. All of this has occurred after he has been charged with DUI but has not yet been convicted.
This is why anyone charged with DUI would likely want to consult with a lawyer experienced in DUI defense. Such lawyers can provide options for individuals that are only beginning to comprehend the consequences that they may have to face.
Source: WMBF News, "Magistrate charged with DUI resigns," by Jody Barr, March 14, 2012
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