Caught On Tape: georgia Judge Arrested For dui - WSBtv.com
Caught On Tape: georgia Judge Arrested For duiWSBtv.com, GA - 16 hours agoVines pleaded guilty to dui charges in April. He has since spent three nights in jail, paid fines, done community service and was on house arrest. …
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Teen arrested for suspicion of driving under the influence - kjrh.com
Teen arrested for suspicion of driving under the influencekjrh.com, OK - May 15, 2008Tulsa police arrested a teen they say may have been driving drunk when he caused an accident. the 17-year-old allegedly drove his truck into the back of a …
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Video of Judge Arrested for dui - WTVC
Video of Judge Arrested for duiWTVC, TN - 9 hours ago… was released by the georgia State Patrol. Vines was the State Court Judge in Chattooga County and presided over all traffic violations and dui arrests. …
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Teen arrested for suspicion of driving under the influence - kjrh.com
Teen arrested for suspicion of driving under the influencekjrh.com, OK - 26 minutes agoTulsa police arrested a teen they say may have been driving drunk when he caused an accident. the 17-year-old allegedly drove his truck into the back of a …
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dwi defendants face fates in NYC officers' deaths - Newsday
dwi defendants face fates in NYC officers' deathsNewsday, NY - 7 hours agoNEW YORK (AP) _ One drunken driving defendant was sentenced to prison and another's fate was handed to a jury Wednesday in two separate crashes that killed …
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Dalton Police Officers Receive Awards From MADD - The Chattanoogan
Dalton Police Officers Receive Awards From MADDThe Chattanoogan, TN - 1 hour agoMADD asks yearly that law enforcement agencies from across georgia to nominate officers from their department for their efforts in dui Enforcement. …Pomona police deserve praise Inland Valley Daily Bulletinall 2 news articles
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Police: Drunk tuxedo-clad man took mower for ride - The Associated Press
Police: Drunk tuxedo-clad man took mower for rideThe Associated Press - 2 hours ago… with felony driving while intoxicated and aggravated unlicensed operation. They say the charge is a felony because the man had a previous dwi conviction.
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One of my favorite blogs, Lifehacker, alerted me to an article in Car & Driver entitled "Busted! What Should I Do Now?"   The magazine spoke to police officers and state troopers all over the country to get their feedback about how to act during a traffic stop. The Car & Driver article sets out five things you should do if you are stopped, and five things you should not do.
The Five Things You Should Do
The Five Things You Should Not Do
Filed under Arrest issues by Georgia DUI Law blog editor
The University of Georgia police arrested a man and charged him with DUI when they found him fixing a flat tire while intoxicated. The story in the Athens Banner Herald is very brief and there may be additional facts, but I suspect that most first year law students can see the problems with a DUI charge.
There is no indication that the police officers saw the suspect engaged in driving his vehicle. If the flat tire happened four hours prior to the arrest, and the suspect decided to visit a bar while waiting for road service, there would be a reasonable argument that there is insufficient evidence that he was in actual physical control of the vehicle while intoxicated.
On the other hand, Georgia Courts (and the United States Supreme Court) have given somewhat wide latitude to the police when it comes to arrests arising from driving. The courts recognize that a driver possesses an means to escape (the vehicle) and that there is a public benefit arising from keeping impaired drivers off the road.
That being said, I think that in this case, a capable DUI defense lawyer should have a reasonable chance at bargaining down the DUI charge to some lesser offense. Now it does appear that this defendant has other problems than DUI, but, assuming that he kept his mouth shut, the DUI charge seems susceptible to a challenge.
Filed under Arrest issues, DUI laws by Georgia DUI Law blog editor
Dallas criminal defense lawyer Robert Guest recently posted a very useful interview with field sobriety test expert Dr. Greg Kane. Robert contends that the field sobriety test guidelines that are a standard part of police officer training are based on flawed science. Dr. Kane's observations suggest that attorney Guest may have some valid points.
Specifically, Dr. Kane contends that researchers who validate the accuracy of currently used field sobriety tests do not test a cross section of the population - instead, the population tested is heavily weighted to include heavy drinkers. The tests, therefore, are designed to suggest that almost everyone taking a field sobriety test is impaired. In one review of the validation studies, 93% of individual whose blood alcohol content was below the Texas limit of .05% s failed the field sobriety tests. At a .08 BAC, the field sobriety test was only 29% accurate, meaning that 71% of defendants convicted based on field sobriety tests would be wrongfully convicted.
Dr. Kane goes on to say that the legitimacy and accuracy of field sobriety tests has been accepted as a given for so long that most defendants and their counsel fail to challenge the premise behind the tests, i.e. that the tests themselves have some association with a blood alcohol levels contemplated by DUI statutes.
If you are facing a DUI charge that is based on your performance on field sobriety tests, Dr. Kane's research may offer the foundation for an aggressive defense.
Filed under Field sobriety testing, Pre-trial actions by Georgia DUI Law blog editor
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