July 2009 Archives

July 24, 2009

Washington DUI Lawyer To Host Justice Seminar

DUIAttorney.com's own Aaron Wolff will be co-chairing the annual WSBA criminal seminar.

Seattle DUI Lawyer Aaron Wolff To Chair Criminal Law Seminar : DUI Law Blog: "Aaron Wolff, an attorney who focuses his practice on Seattle DUI defense will co-chair this year's Washington State Bar Association Criminal Justice Institute, a two day seminar in Seattle which updates practicing lawyers on the latest in criminal law and procedure."

Congratulations to Aaron Wolff for the honor, and good luck with the seminar.
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July 23, 2009

Crestview Florida DUI Story

Here's a DUI story about a man trying to do the right thing. Most people don't realize that in many states, pulling safely off the road before a police officer contacts you is not enough. In fact, there are thousands of DUI prosecutors each year in the United States where the person is asleep in a parked vehicle.

Typically, it is the persons ability to move the vehicle that matters, although different states treat actual physical control laws differently. Florida DUI Law has an actual physical control statute.

Here's an excerpt from the story:

Man admits he is drunk but refuses to prove it | admits, crestview, drunk - News - Northwest Florida Daily News: "‘Well, I pulled over here so I wouldn’t go to jail because I’m drunk,’ he told the officer when awakened and asked if everything was alright.

He was asked to take the keys out of the ignition and get out of his GMC. The man smelled of alcohol, slurred his speech so much that the officer could not understand him and had to use the bed of his truck to balance himself and continue standing.

Sounds like the guy was very drunk and trying to do the right thing.

The major problem that we have with this sort of prosecution is that it sends the message to drunk drivers that if you are already on the road, you might as well try to make it home because you're going to get arrested if you pull safely over and try to sleep it off.

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July 3, 2009

California ranger hit by DUI driver

In Santa Cruz, California, a park ranger was hit by a driver who is suspected to have been DUI.

Police officers regularly put themselves in the line of traffic and have to depend on drivers to be aware and sober. While they are trained to anticipate certain moves that vehicles may make, it is almost impossible to predict what somebody impaired by alcohol or drugs will do.

State Parks ranger hit by suspected DUI driver - San Jose Mercury News: “"It's a sobering reminder of how dangerous it can be for all peace officers, specifically on big holiday weekends," Lingenfelter said. "We're always on heightened alert when doing the duty of putting up measures to keep the public safe but it's difficult to guard against someone driving a car under the influence."”

Under California DUI law, the driver could face charges ranging from DUI and reckless driving to assault.

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July 2, 2009

New South Carolina DUI Patrol

It's official, the new South Carolina DUI patrol is about to begin. Thanks to the influence of MADD, the program may expand.

Highway Patrol announces DUI enforcement team : News : WPDE: “About half of all highway deaths in South Carolina are a result of DUI. More than 420 people died in DUI crashes in our state last year. South Carolina trails Montana for the highest number of DUI fatalities in the nation.

The new enforcement team will begin work this holiday weekend hitting DUI trouble spots in certain areas. Troopers say every available trooper in the area will patrol the roads this holiday weekend.

As DUI crashes decrease in targeted counties, the team will move to other areas experiencing problems.”

Is it true that the only people who lose with heavier DUI patrols are the people who get caught? Some DUI attorneys beg to differ and feel that increased enforcement often times equates to degradation of our constitutional rights.

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July 1, 2009

Everything I need to know about justice I learned from professional football

I'm still waiting for somebody to correct me on pro football's stance regarding the relative evils of killing by driving drunk and simply smoking pot.

It's a little confusing coming from an organization that condones the savaging of its employees bodies and encourages them to play injured and through pain. Anybody truly believe the NFL doesn't benefit from performance enhancement drugs.

So when one of their players kills somebody. Not a big deal. But smoking pot, now that's another ball game. I blogged elsewhere:

NFL says ok to kill while DUI but no smoking pot : DUI Law Blog: "Thanks for the message NFL. If I'm reading you right, you are saying:

a) Killing is okay; but

b) If you smoke pot, well that's just not the kind of example we want around.

So kids, here's the thing. Chose your idols wisely because it may turn out that our supercool drunken killer actually likes to smoke pot."

(Via DUI Law Blog.)

We are so numb to violence in our society that we actually look at smoking a little pot as worse than killing. Does this make sense to anybody?

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