I really liked the quote from Philip Owens.  He called these "red light cameras" out for what they are, a violation of our constitutional rights and risks for driver safety.  The constitutional rights that come to mind very quickly are "the right to confront your accuser in a court of law" and "the right to a jury trial", just to name a couple.  I have blogged before about the very same type efforts with potential mandatory installation by automakers of "IID's" (ignition interlock devices).  At stake then will be the ability of every driver in America to reasonably and responsibly consume alcoholic beverages and then drive a vehicle, or will that ability be lost?

Some of the prescription drugs that can alter mood, diminish vision or reflexes, and be cited as cause for a DUI include: Xanax, allergy medicines, Valium, Ambien and Zoloft.

In South Carolina some police officers have recently obtained certification as a Drug Recognition Expert (DRE). They are taught to measure your blood pressure, your pulse, your respiration rate and the size of your pupils. With these vital signs, the DRE matches your vitals to a matrix chart to formulate an opinion as to whether or not you are under the influence. Normal blood pressure for one person may be abnormal for another. Certainly your pulse rate increases with the presence of blue lights. Your pupil size may be hard to detect if you have brown eyes and it is in darkness. You probably will breathe faster under the glare of flashing lights. Legitimate medical conditions can account for many of the DRE's findings.

Your medical information is personal. You do not have to share it with a police officer. You do not have to let a DRE take your vitals. You can refuse to answer questions and refuse to allow vitals to be taken without penalty. You do not have to perform sobriety tests. There is no penalty for refusing to perform sobriety tests. The exercise of your rights in refusing vital sign checks, sobriety tests or answering questions is without penalty. While you may anger the officer by refusing such tests, and while he may still charge you with DUI, you are giving him no further evidence to make his case. DRE Police officers are not doctors, nurses or EMTs.

Even if you take prescription medications, there is a "therapeutic dosage"; that dosage which addresses your medical condition without causing impairment. With prescription drug DUI there is no quantification or threshold of a drug in your system unlike alcohol and its .08 threshold. The mere presence or trace of a drug in your system plus the officer's opinion as to impairment can be sufficient to convict you. The law makes no distinction between therapeutic and impairing dosage. Further side effects from these drugs such as drowsiness etc. are usually experienced when first taking a drug. A person on chronic pain medications is likely to show no impairing effects. This is a therapeutic dose.

Protection from DUI Charges

If you face a DUI because you had a prescription drug in your system while driving, contact an experienced South Carolina DUI defense lawyer. A DUI attorney will evaluate the facts of your case, analyze police procedure and help protect your rights and driving privileges.

At the Steve Sumner Law Firm we have over 40 years of combined experience as a prosecutor, defense attorney, police officer and investigator for the benefit of our clients.

     D.C. Attorney General Peter Nickles said the machines were improperly adjusted by city police. The jailed defendants generally served at least five days, he said.

     Nickles's office has begun notifying the drivers, a move that immediately triggered at least one lawsuit against the District and could lead to requests for expungements, new trials and even deeper skepticism about the integrity of testing. Challenging test results is at the heart of drunken-driving cases, and this revelation will only strengthen those challenges, defense attorneys said.

     The District's badly calibrated equipment would show a driver's blood-alcohol content to be about 20 percent higher than it actually was, Nickles said. All 10 of the breath test machines used by District police were wrong, he said. The problem occurred when the officer in charge of maintaining the machines improperly set the baseline alcohol concentration levels, Nickles said.

     The flawed testing does not jeopardize cases involving accidents or injuries, including fatal crashes, because blood or urine samples would have been taken as additional evidence, Nickles said.

Read more...

A judge in Florida recently ruled that a wrongful-death lawsuit against a polo club founder can still go to trial next year even if the criminal charges that have been filed against him haven't been resolved.

The car accident lawsuit was filed against John Goodman after he allegedly ran a stop sign earlier this year and crashed into the car that was being driven by Scott Wilson, according to The Palm Beach post.

It was also discovered that Goodman was driving under the influence at the time of the crash, with a blood alcohol content of .177 - more than twice the legal limit.

Circuit Judge Glenn Kelley recently denied a motion by Goodman's car accident lawyer to postpone the trial, so that the criminal charges the were filed against him could be resolved. His lawyer claims that by not postponing the trial, Goodman could be put in the position of violating his Fifth Amendment right against self incrimination.

Goodman is being charged with DUI manslaughter, vehicular homicide and leaving the scene of a crash, along with being sued by Wilson's parents, according to the news source.

http://www.avvo.com/news/judge--dui-lawsuit-against-polo-club-founder-can-go-to-trial--1130.html

Steve Sumner Says:

At the Steve Sumner Law Firm, we consistently advise clients who have been in accidents and charged with DUI to not discuss the particulars of the accident or charge with anyone on the telephone.  This is particularly correct as it relates to telephone interviews and questionnaires from your insurance company.  Oftentimes, in the several days after a vehicle accident, a claims adjuster from the driver's insurance company will call and conduct a telephone interview.  Please remember that if you have been charged with DUI it is important to not answer questions or give any type of statement prior to consulting with an attorney.  This "right to remain silent" derives from our Fifth Amendment right against self incrimination.  Again, I always advise individuals in this situation to not answer questions or speak with any insurance company representatives until after you have spoken with or retained a DUI defense attorney.

 DALLAS, TX - David Hammock says it was after a late night drive home from a poker game that he was pulled over and arrested for driving under the influence.

"In the most extreme situations, I could not see this happening to anybody," said the retail recruiter.

Hammock says he was close to his home in North Dallas when he hit a curb. He says a Dallas police officer quickly pulled him over and asked if he had been drinking. Hammock says he had an iced coffee, but no alcohol that night about two weeks ago.

Next, Hammock says he was put through a series of field sobriety checks. He says being tall and uncoordinated, he swayed and stumbled with some of the tests. He also says he was nervous about the situation.

"The officer then patted me down and put my arms behind my back and put handcuffs on me." Before he knew it, Hammock was being taken to jail.

"I thought this is horrible, absolutely horrible."

Read more...

     Critically, neither SLED nor the South Carolina Supreme Court has approved any type of PBT as an acceptable evidential breath alcohol test device in South Carolina for DUI charges.

     However, law enforcement agencies in the states of Washington and Texas do allow the use of PBT’s on the road side, and further allow police officers to testify as to whether or not the PBT showed the presence of alcohol and allow the result of the PBT when determining whether or not probable cause existed to arrest a person for DUI. PBT devices in the state of Washington and Texas are used and offered much in the same way as “field sobriety tests”. In other words, both of those states allow the use of hand held PBT’s to determine whether or not probable cause exists to place a person under arrest and charge them with DUI.

Starting today (October 31, 2010), Michigan’s new high BAC (blood alcohol content) drunk driving law takes effect, with enhanced penalties for first-time drivers convicted of operating with a BAC of .17 or higher. Because the new law’s effective date is Oct. 31, it also coincides with additional federally funded drunk driving patrols in 35 counties, which run through Halloween.

Public 462 of 2008 creates a new high BAC category of operating while intoxicated.  BAC refers to the alcohol content in a persons blood, breath or urine. This new operating while intoxicated offense provides for enhanced criminal and drivers license sanctions.

The legislation was sponsored by Sen. Alan Cropsey (R-DeWitt) and Rep. Bob Constan (D-Dearborn Heights). Sen. Patricia Birkholz (R-Saugatuck Township) and Rep. Marc Corriveau (D-Northville) sponsored related legislation that will establish a DWI/sobriety court ignition interlock pilot project in 2011.

Motorists who wish to have limited driving privileges following a  45-day license suspension may do so only after a breath alcohol ignition interlock device is installed on their vehicle. Installation and monthly fees are the responsibility of the driver.

Read more...

DWI No Refusal to be enforced every weekend

HOUSTON (KTRK) -- The DWI No Refusal crackdown is expanding, set to be enforced every weekend in Harris County for the next three years. It's all from funding from a $669,000 federal grant.

The Harris County District Attorney's Office says the new initiative starts this weekend. Under the No Refusal program, drivers suspected of being intoxicated will have to submit to blood draws if they refuse breath tests.

Houston police are part of it. They say two officers are still recovering after their squad cars were hit by suspected drunk drivers.

"Law enforcement gets it. If they are going to run into my marked police car, wow, that's a driver who is really impaired. And that just shows you how many are probably on the roads and need to be removed," said Asst. Chief Brian Lumpkin with the Houston Police Department.

Last year, more than 300 no refusal warrants for blood were issued in Harris County.

 http://abclocal.go.com/ktrk/story?section=news/local&id=7752137

 Steve Sumner Says:

     Could this happen to a South Carolina driver suspected of DUI? In a word, no. Under South Carolina law a driver arrested on suspicion of DUI must first be offered a breath test. If the driver is unable to physically provide a breath same, the arresting offer may request a blood sample. The arresting officer can also request a urine sample from the driver.  As I have reminded South Carolina drivers before, a person arrested in South Carolina on suspicion of DUI has the absolute, complete and legal right to refuse a breath, blood or urine test.