Tag: DUI

Courts, Criminal law

Marijuana Impairment DUI Arrests Face Challenges Due To Inaccurate And Unproven Impairment Studies

By Darren Smith, Weekend Contributor

Marijuana LeafThe standard for which Marijuana Impairment presumptive levels in DUI prosecutions are likely to be under scrutiny due to what some are regarding as unproven scientific evidence. Presumptive impairment levels for THC concentration in blood samples might not satisfy legal requirements from an actual driving impairment perspective. They could in-fact be regarded arbitrary and not scientifically supported.

States do have the legal authority to establish presumptive impairment levels, that is a measurable quantity of a substance sufficient to establish an element of DUI. In fact while the present presumptive alcohol level in the United States for ordinary drivers is .08, states have established .04 for commercial vehicle driving and some states have .02 for those under twenty one years of age who violate analog status offenses that do not define impairment as an element.

Now, the American Automobile Association’s Foundation for Traffic Safety cited a study that differences between individuals can be wide and greatly varied regarding impairment at a set blood THC level. While some drivers show obvious signs of impairment at low levels of THC blood concentration, other persons can have greatly elevated readings and show no outward appearance of signs of DUI.

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Bizarre, Criminal law

Interview Of Applicant For Wildlife Officer Position Leads To Vehicular Homicide Charge

By Darren Smith, Weekend Contributor

muckleshoot-tribe-logo-bwSamuel Hoffer did not exactly get the position he was hoping for when he applied to be a Wildlife Enforcement Officer with the Muckleshoot Tribe. He is now facing charges for alleged Vehicular Homicide after a background interview was reportedly highlighted by his admission to a deadly drunk driving incident occurring in 2012.

This is the latest in a series of articles, HERE, and HERE, where applicants make career and freedom limiting moves by applying for law enforcement jobs and are subsequently jailed for providing incriminating evidence.

We now have another case of déjà vu all over again.
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Bizarre, Criminal law

Career Limiting Moves: WSP Arrests Everett Officer For DUI

By Darren Smith, Weekend Contributor

washington-state-patrol-patchMost DUI arrests are rather uninteresting, others have some rather bizarre circumstances, as is the case where the Washington State Patrol arrested Everett, WA Police Lieutenant Jimmy Phillips for suspected DUI. This in itself was not extremely inordinate but what truly struck me as odd were a number of particulars alleged during the incident that made me wonder, “What were you thinking!”

There are certain commonalities manifest in the run of the mill drunk. Every law enforcement officer has heard these excuses and they oddly seem to be taught by a common teacher in Drunk Driving 101, but we would hope that the very ones who see such graduations would not enroll in the course themselves.

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Bizarre, Criminal law

Police Arrest Woman For Alleged DUI After She Used Streaming Video While Driving

By Darren Smith, Weekend Contributor

Whitney Beall
Whitney Beall

Sometimes drunk drivers by their actions seem to almost want to be arrested, and a woman in Lakeland, Florida allegedly made this all the more apparent.

Whitney Beall, police say, drove intoxicated while video streaming her actions via Periscope. Viewers of the video then telephoned 911 reporting a drunk girl was driving through town.

Police later discovered her and placed her under arrest.  Video follows this article.

Certainly this is going to be a most difficult violation to defend.

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Bizarre

ZUI: North Dakotan Arrested for Allegedly Driving Zamboni Under The Influence

By Darren Smith, Weekend Contributor

Steven Anderson
Steven Anderson

In keeping with an ancient American proverb: “If it can be driven, it can be driven under the influence,” Fargo police arrested Steven Anderson for allegedly driving a Zamboni ice surfacing machine while under the influence.

In a Twitter post with the hashtag “bumperzamboni,” a spectator at the arena reported that, “I’ve never seen a zamboni have so much trouble around the edges.” The incident offered a refreshing nuance to what would otherwise have been a rather ordinary and languishing youth hockey game.

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Animals, Bizarre

Parrot Rats Out Owner At DUI Checkpoint

Submitted by Darren Smith, Weekend Contributor

Sang Like A Canary
Sang Like A Canary

The DUI offender Code of Silence was violated in Mexico after police allegedly contacted a driver at a checkpoint, suspecting him of drunk driving. As Guillermo Reyes stepped out of the car, his parrot called out “Está borracho, Está borracho!” Spanish for “He’s drunk, He’s drunk !” Police at first believed the parrot’s voice to be that of a passenger.

Reportedly the parrot was correct as Guillermo was later arrested for DUI.
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Criminal law, Politics, Society, Torts

Utah Considering Placement Of Breath Test Devices Into Bars

By Darren Smith, Weekend Contributor

CocktailsUtah Legislator Greg Hughes is proposing a law he believes will address successfully some of the DUI incidents that happen within the state. The proposal is in the working stage and has been under several revisions but in essence the device would be installed in bars under incentives from the state so that bar patrons may use the device to test their sobriety levels so that they may make informed choices on whether to drive or not. The measure includes an immunity from civil and criminal liability on bar owners if a customer’s breath alcohol level is high and the customer drives away and the data would not be available to law enforcement to provide a hesitation free attraction.

While the goal of the device is certainly laudable, could the devices be counter productive as indicated by experience with law enforcement breath test devices and their shortcomings?
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Courts, Criminal law, Justice, Society

New DUI Program Requires Mandatory Daily Monitoring: Protection For The Public Or Undue Burden On Offenders?

Submitted by Darren Smith, Guest Blogger

Breath Test DeviceA pilot program has been initiated in four Washington counties and two municipalities. Essentially the program requires those convicted of a second DUI offense are required to 24/7 daily monitoring consisting of a twice daily visit to a jail for a breath test or an ankle monitor capable of reading breath samples. Both options are mandated at cost to the offender. A newly created state law, effective January first, provides for this program named the 24/7 Sobriety Program Pilot Project.

The program is the result of repeat DUI offenders who have posed significant risk to the public and have shown to not be easily deterred from future violations by present statutes and sentencing. Yet some may question the effectiveness of the program and whether it places an undue burden on offenders who might not have the means to comply.
Continue reading “New DUI Program Requires Mandatory Daily Monitoring: Protection For The Public Or Undue Burden On Offenders?” →