Monthly Archives: May 2010

What To Do if You Get Pulled Over

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Yesterday, we posted about what to do to avoid getting pulled over. With Memorial Day starting for some people already, DUI checkpoints will be in full-force this weekend all across the country. (Here’s a list of some Memorial Day Weekend DUI checkpoints.)

If you have taken plenty of precautions and still get pulled over, it is understandable that you would feel flustered and intimidated. It is important to stay calm and collected. I’ve been working in the DUI business for years and here is what I think you should do if you get pulled over. Please note that this is not official legal advice. The most important thing you can do is hire an attorney.

DO:

Have your paperwork handy. If you are rummaging through your car like a maniac looking for your license, registration, and proof of insurance, it could read to the officer that you are under the influence. Keep those documents in your wallet or safely organized in a glove compartment.

Be polite. The only information you are required to tell the officer is your name (along with handing him or her your paperwork.) You do not need to answer any of the officer’s questions. Be sure to respond politely. You can say, “I apologize, but I do not wish to respond to that question until my attorney is present.”

Take an evidentiary breath test or request a blood test. When an officer requests that you take a BAC test, first ask if it is a PAS test (a preliminary alcohol-screening test) or an evidentiary test. You are not required to take a PAS test, but you are required to take an evidentiary one. It is best for you to ask to be taken to the station for a blood test. If that is not possible, be sure the breathalyzer test is evidentiary.

DON’T:

Like I said, you do not have to answer any question. You also don’t have to take a field sobriety test. (In some cases, it might be better if you don’t take a test, especially if you feel flustered or have a physical hindrance from performing the test adequately.)

To summarize, the only requirements when getting pulled over is stating your name, handing over your paperwork, and taking an evidentiary BAC test. Above all, be cooperative and hire a lawyer as soon as you can.

Today's Notable DUIs

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Not one, but two doctors have been arrested for DUIs recently. One doctor was even on his way to surgery! Was he intending on performing surgery while drunk? I suppose this DUI arrest saved more lives than we think…

Joyce DeWitt, Probation is Waiting for You. Joyce DeWitt, who played Janet on my favorite rerun (Three’s Company), received a three year probation for her DUI last year.

Another Person Added to the “Two-in-One-Day File”. A HI woman received two DUIs in one day, each DUI within five hours of each other. I bet she had a terrific day.

Tips for Not Getting Pulled Over This Weekend

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As we all know, the police keep a close eye out for drunk drivers during holiday weekends. This Memorial Day Weekend, people have more of a chance of getting pulled over. To avoid this, it is important to be aware of checkpoints. (We posted some Memorial Day Checkpoints in our last post.) There are a few other things you can do to avoid those dreaded red and blue lights flashing in your rearview mirror.

Make Sure Your Car is in Good Condition

Many times, cops pull people over with a broken taillight or blinkers. The cops end up charging these drivers with a DUI if they sense he or she is intoxicated. Make sure everything in your car is working properly.

Additionally, make sure your tags are up to date. Cops can pull you over for that, too.

Obey Traffic Laws

This is pretty obvious, but we all have had moments where we forget to signal or don’t come to a complete stop at a stop sign. Take extra precaution this weekend and don’t take any chances – no matter how small they seem.

Have Your Paperwork Handy

Don’t drive without your license and make sure your registration and proof of insurance are easily accessible. When you’re fumbling around your glove compartment looking for your documents, you could give the officer the wrong idea that you’re inebriated. Keep your documents in a place where you can easily grab them and show them to the officer.

Don’t drink and drive.

I mean, come on…

Memorial Day Checkpoints

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I bet you’re as antsy as I am for this weekend, but just know that DUI officers are just as antsy.
There are DUI checkpoints all over the country this weekend. Be safe and responsible.

Here’s a comprehensive list of some checkpoints that will be happening this weekend.

Lake Tahoe

Vermont

Boulder, Colorado

Las Cruces, New Mexico

Columbus, Ohio

Lee County, Florida

Highland and Victorville in San Bernadino County

Cherokee County, Oklahoma

Southwest Ohio

Oregon – statewide

Idaho – statewide – There will also be seatbelt enforcement.

Nashville, Tennessee

San Francisco

Los Angeles, CA

Utah – statewide

Oh the Lindsanity!

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Today's Notable DUI Stories

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Lindsay Lohan Finally Goes to Court. You can breathe a sigh of relief now.

After participating in a court ordered treatment program, Rip Torn has been cleared of his Connecticut DUI charges. However, he’s also charged with breaking into a bank while intoxicated. Hasn’t he ever heard of the phrase, “Thieves don’t let thieves rob drunk”?

What’s the best way to keep teens from drinking and driving? Finding out Monday morning that their principal got a DUI.

LA Checkpoints this Weekend

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Notable DUI Offenders of the Week

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Kennedy Gets DUI – Ah, that headline feels familiar. Mary Richardson Kennedy, the wife of Robert F. Kennedy Jr., received a DUI this Saturday.

Jail Has Sunday Brunch and Polo, Right? –John Goodman (no, not the guy who played Walter in The Big Lebowski) has been charged with vehicular homicide and DUI manslaughter. Goodman is the founder of the International Polo Club in Palm Springs. He was held on $100,000 bail which was paid within hours of the arrest.

This has been a really tough week for me (and by “me”, I mean Lindsay Lohan) – First we’re all proud of her that she’s attending her DUI classes. Then, she personally disappoints the entire world for missing her court date. (That’s a BIG no-no.) We find out she is in Cannes and there is a warrant for her arrest. However, now, her legal team posted bail and everything will be okay. Oh boy, Lindsay. Thanks for providing this drama, now that Law and Order got canceled.

Girl Scout Leader Finally Gets her DUI Badge – I love Thin Mints. However, if you’re inebriated, I can wait until you’re sober to drive the troupe to sell cookies.

A 911 Call – Enough Evidence to Pull Someone Over

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The Newspaper reported that Utah police can now pull a driver over if a third party calls 911 to report that a drunk driver is about to get on the road.

On August 8th, 2005, Annalee McCaine phoned the police to inform them that her drunk boyfriend at the time was behind the wheel. McCaine informed police that she and her boyfriend, Jose Baltarcar Roybal, had been drinking and had an argument.

Police Sergeant Chat Ledford stopped Roybal following the call. Ledford claimed that he did not pull Roybal over solely based on the phone call. Ledford claims he witnessed Roybal driving recklessly when he was dispatched.

The court argued whether or not Ledford’s action was a violation of the fourth amendment (the prohibition of unreasonable search and seizures.) The court discussed whether Ledford had enough reasonable evidence to stop Roybal. The state high court ended up deciding that Ledford acted in the right.

“Looking to the totality of the circumstances in the instant case, we believe the 911 call was sufficient to provide the dispatcher with reasonable suspicion that Roybal was driving under the influence,” states Justice Michael J. Wilkins.

The issue remains the source of the 911 call. Can the caller be a reliable piece of evidence to warrant an arrest – even if the caller had been drinking as well?

Thursday Evening Checkpoints

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MI DUI Offenders Off the Hook

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A judge’s ruling in DeSoto County, Mississippi caused much controversy as four DUI offenders got off the hook this past Monday.

The reasoning behind this decision was that the arresting offices were not using the correct ticketing form to properly arrest these drivers.

Bill Rasco, the DeSoto County Sheriff, was very upset over this ruling, as he assisted in one of the arrests. “It blows my mind that this is happening,” he states. “Our guys try to protect and serve. It’s unbelievable what’s happened.”

It seems to me that there was some type of communication failure within the police department. Why weren’t these officers aware of the updates to the ticketing system? It seems to me, that when lives are in danger, drunk driving enforcement needs to be as efficient as possible.

[Source: My Eye Witness News]

The Cost of Tougher DUI Laws

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Most people in the United States are really pinching their pennies during this recession. We are budgeting more carefully and changing our spending habits and becoming more vocal on how the government spends our tax money.

In terms of driving safety, anyone with a soul would want drunk driving to never happen again. However, how the government spends our money in ways to prevent future drunk driving tragedies seems to be a source of dispute. How much money during these terrible economic times are taxpayers willing to spend to keep drunk drivers off the road? How do we know that the money we give the government is being effective in drunk driving prevention?

According to an article in the Statesmen Journal, Oregon seems to be having this exact issue. Many bills have been sent to the state legislature only to be turned down. These bills include a proposition to lower the state B.A.C. level and a proposal to increase the number of sobriety checkpoints in the state. The reason for these bills’ failure, in some way or another, has to do with financial matters and high costs.

This coming November, Oregon citizens will have a chance to vote on the Oregon Crimefighting Act. This bill, also known as Initiative 13, will require a 90 day minimum sentence for a third DUI offender and would eliminate the 10-year time frame mandate for offenders committing subsequent felonies. This act will cost taxpayers a lot of money, but will it be a smart investment for Oregon citizens? We shall see when November rolls around.

Student Suspended after Distributing DUI Cartoon

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Program after program urges students to be aware of the dangers of drinking and driving. However, it seems that in Scranton, if you are a teen raising awareness of drinking and driving, it could lead to a suspension from school.

Rashel Shihinski of Dickson City was driving her car to her school, Mid Valley Secondary Center, on April 29th. She saw a Mid Valley bus traveling in her lane and it did not look like it was coming to a stop. Rashel swerved her car to avoid the bus and hit a telephone pole. Rashel and her passenger suffered no injuries, but it will be a financial burden to fix her vehicle.

The day after the accident, Scranton’s Times-Tribune published an editorial cartoon depicting an intoxicated bus driver with a student passenger on the bus, saying, “Has the Supreme Court ever ruled on school bus prayer?” This cartoon came as a result of more reports of a Mid Valley bus driver operating the school vehicle while intoxicated.

Upset over her car damage, Rashel saw the cartoon, made copies, and distributed it all over her school. School officials accused Rashel of degrading the school and she received a three-day suspension.

As a person who always resented any school administrator, I obviously feel there are many things wrong with giving Rashel a suspension. When a person claims that a bus driver was intoxicated, amid reports and actual arrest of an intoxicated bus driver, this is not the time to worry about the school’s reputation over one student distributing a cartoon. Instead, school administrators should worry about students’ safety. If anything, Rashel’s suspension gives students an education that perhaps most people and companies care more about their reputation than the safety of others.

DUID – Unfair to Potheads?

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Russ Belville is the outreach coordinator of NORML – the National Organization for the Reform of Marijuana Laws. He posted a very interesting editorial on the Huffington Post today about the unfairness of the Obama Administration’s plan to adopt Per Se Drug Impairment Laws.

Basically, the Obama administration is urging state laws to recognize the difference between driving while intoxicated and driving while impaired on drugs. They believe that charging a person with a DUI when they were really driving under the influence of drugs makes DUI laws seem unclear “thereby minimizing the possible preventive benefit of DUID statutes.”

Belville believes this is a direct assault on him and other cannabis users. Cannabis can be detected in a person’s urine sample up to 100 days after the person has taken the drug. Therefore, that person can be convicted for a DUID despite the fact that he or she may have used cannabis a while ago. This is unlike harsher drugs (PCP, prescription pills, etc.) which only stay within the body for a few days. Therefore, according to Belville’s argument, a meth addict has more of a chance of not getting a DUID than a marijuana user (post drug test results.)

Belville certainly has a point. However, he does not seem to recognize that there might be a reason these people are getting pulled over in the first place.

Department of Transportation Teams up with DADSS

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Ray LaHood, the U.S. Secretary of Transportation, announced on his blog today that the National Traffic Safety Association along with the Automotive Coalition for Traffic Safety have created a partnership with an alcohol detection research program known as Driver Alcohol Detection System for Safety, or DADSS.

According to their website, DADSS aims to “research, develop, and demonstrate non-invasive in-vehicle alcohol detection technologies that can very quickly and accurately measure a driver’s blood alcohol concentration (BACs).” DADSS wants to avoid the use of ignition interlocks and create a device that would be used by society as a whole – not just convicted drunk drivers.

LaHood considers DADSS’ research to be a huge undertaking. After all, this organization is trying to create technologies to prevent drunk driving without being obtrusive to a person’s daily life. As of now, three companies are developing prototypes to be tested at Harvard Medical School.

If DADSS does create a device that is used by most drivers in the future, what kind of changes will we see to DUI laws? Will they be more lenient? Or could they become harsher than ever?

Yes, You Can Be Convicted of a DUI Without Proof You Were Behind the Wheel

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There has been a major change in DUI laws this week, as West Virginia ruled that a person can still be convicted of a DUI without requiring proof that he or she was driving under the influence.

This was a result of a case where Eric R. Cain was found by police passed out in front of his car. The police did not have any proof that this person was driving, but certainly had reason to believe he did. Cain was convicted of a DUI and, despite appealing to circuit court, the high court upheld Cain’s DUI conviction.

“All that is required to seek a license revocation under West Virginia Code Section 17C-5A-2 is that the arresting officer have ‘reasonable grounds to believe’ that the defendant committed the offense of a DUI,” states WV Supreme Court Justice Thomas E. McHugh. Nonetheless, the police must give specific facts to testify that a suspect was driving while intoxicated.

How fair do you think this ruling is?

[Source: The Truth About Cars]

Drunk Driving vs Distracted Driving Amongst Teens

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I read in the Department of Transportation’s blog that 80% percent of teens are aware of the dangers of drinking and driving. This seems like a really positive statistic, but it became null when I found out about the amount of teen deaths due to distracted driving.

In fact, according to last Friday’s post on the Department of Transportation blog, there were no corresponding numbers of the jump in deaths of teen drivers due to drinking and driving. However, the numbers of fatalities in teen-driving-related accidents are due to distracted driving and many of these incidents happen during the nighttime.

3 % of teens are aware that nighttime driving is an added risk. Nighttime driving mixed with fatigue and using a cellphone drastically increases this risk.

Despite these rising numbers being unrelated to drinking and driving, it seems to me that the philosophy of these drivers remain the same: they think they will drive home safely. These people think accidents won’t happen to them.

I think it is important for the general driving public to know that you cannot trust that you will get home safely whenever you get behind the wheel with an added risk-factor. There is no way of relying on luck that you will get home safe when you are drunk or distracted on the road. “Risking it” should never be an option.

MI Sobriety Court Gives DUI Offenders a Second Chance

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I came across a very hopeful article in the Lansing State Journal about a program called Sobriety Courts in Ingham County, Michigan. This program offers DUI offenders a right to waive their trial to receive treatment, which is heavily monitored by the court.

On April 27th, Judge Donald Allen congratulated the most recent graduates of Sobriety Court. One of them was Larry Sees – a five time DUI offender. Along with treatment, Sees complied to a mandatory testing schedule and had to report to court every two weeks. Because of this opportunity, Sees completely turned his life around. He is now two years sober and actually plans on donating one of his kidneys to Alcoholics Anonymous.

His touching story is a reminder that anyone is able to turn their lives around. With hard work and the support of others, it is possible to have a second chance to be a responsible citizen and lead a healthy life.

Fox Undercover Leads to Revocation of DUI Offender's Bail

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Scott Green is a repeat drunk driver in the Boston area who had his license revoked back in 2005. He has since been arrested twice for driving without a license. After his second arrest, Fox Undercover recorded him driving. The judge at the Woburn District Court happened to watch that segment of Fox Undercover and decided to revoke his bail from his most recent arrest.

Despite the clear evidence, Green said he was not driving. He even hired a driver who testified on Green’s behalf and even his bible teacher testified that Green was sober and not getting behind the wheel. (There was a bit of a weird outbreak in the court when the prosecutor asked Green’s bible teacher about seeing Green in trouble. The teacher lashed out and responded, “Trouble is part of our life. Trouble makes a bigger man out of him than you will ever be.”)

Even if Green did have a (for lack of a better word) rational argument, it would be tough for him to catch a break. As we all know, the camera doesn’t lie.

[Source: My Fox Boston]

Harsh DUI Laws in San Diego

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In today’s San Diego Gay and Lesbian News, Thomas Hughes, Esq has a very interesting editorial on the harshness of San Diego DUI laws for first time offenders.

Hughes makes comparisons of San Diego DUI laws versus the rest of California counties. Unlike the three year summary probation in other parts of California, San Diego has a five year probation. Furthermore, San Diego fines are double the fines of the rest of the state.

Hughes raises the point that the punishment for a DUI offender is a huge financial burden. They have to pay for their mandatory three-to-nine month DUI class in addition to their fines, along with DMV and insurance expenses.

A first time DUI offender in San Diego is required to take a class offered by M.A.D.D. The offender is required to pay for this class. Hughes questions the legality of this tactic. Although M.A.D.D. is powerful political lobbyist, it is a private non-profit organization that (on paper) is in no way connected to the government. Should citizens be required to give money to such an organization?

Hughes concludes that it is integral to have a qualified DUI attorney in San Diego. Needless to say, it is essential to have a qualified attorney no matter where you get a DUI.