News

DUI and DWI

• Vermont Considering Lowering Drinking Age to 18
  Feb 27, 2010

  
  This is an interesting piece about what the author believes would happen if Vermont lowers its drinking age to 18.  At this time, all 50 states, as well as Washington, D.C., have drinking ages of 21. - 21 - 30

• Family Urges Change to NY DWI Law
  Feb 26, 2010

  
  The blood test of a driver in a 2002 crash that killed a former Olympian was not admissible  because it was taken by an EMT rather than a doctor.  The tests indicated the driver's blood alcohol level was 0.15.  
  
  The victim's family is urging law makers to change the law to try prevent this from happening again. - 22 - 30

• Man Avoiding DWI Charges Gets One...and Many Other Charges Too
  Feb 26, 2010

  
  A Minnesota newspaper reports that a 20 year-old Minnesota man tried his best to avoid the police when they broke up a house party where he was allegedly drinking alcohol.   He fled in a vehicle, and almost hit a policeman who was in the street trying to stop him.  The alleged underage drinker at some point abandoned his car, running through nearby neighborhoods.  
  
  He eventually was located when police discovered the suspect's mother driving around a certain area several times.   They had her call her son's cell phone and were able to locate and arrest him.
  
  He reportedly was trying to avoid being charged with underage drinking and/or DWI, but instead faces 2 felonies and 3 gross misdemeanors  (including DWI and Reckless Driving).
  
  
  - 23 - 30

• Driver Hits Parked Police Car in Arlington, but Doesn't Stop
  Feb 26, 2010

  
  A Woodbridge man who allegedly hit a parked police cruiser on Glebe Road in Arlington early this morning fled the scene, but was found a few blocks away.  Authorities have charged the man with hit and run and DWI. - 24 - 30

• Drunk Drivers in Washington, D.C. May Go Free
  Feb 26, 2010

  
  The Washington Examiner is reporting that potentially hundreds of DWI/DUI cases in Washington, D.C., going back to October 2008 may be in jeopardy because problems were detected with many of the breath test machines the D.C. Police Department uses.  The machines are the Intoxilyzer 5000 EN model.
  
  Charges are being reduced and even dismissed against many DWI suspects because the breath test evidence provided by these Intoxilyzer machines is problematic.
  
  The company that makes the breath machines the D.C. Police use took a hard blow last year in Minnesota when that state's Supreme Court ordered the company to turn over its programming codes.  Click here to read more about the Minnesota issue. - 25 - 30

• Minnesota Supreme Court Says Turn Over Source Codes
  Feb 20, 2010

  
  The Minnesota Supreme Court ruled that the source codes for breath testing machines must be turned over to the defense in certain instances.  This ruling could have implications beyond Minnesota, setting the stage for attorneys in other states to demand these codes.
  
  This could be important to a DUI defense, if the programming wasn't correct, and, as a result, the breath testing machines were not accurately measuring blood alcohol content.  - 26 - 30

• Woman Requesting Conjugal Visit Arrested for DUI
  Feb 16, 2010

  
  
  A 45 year-old Florida woman was arrested for DUI Friday and booked into the very same jail she had just been to -- twice -- to request a conjugal visit with one of the prisoners. 
  
  She initially showed up late for a scheduled visitation appointment, which was not conjugal, because the jail doesn't allow them.   She was not allowed in because of her tardiness, and drove away, but then returned.  Authorities suspected she had been drinking, and had deputies stop her after her second departure.  
  
  Her blood alcohol level was an astounding 0.256! - 27 - 30

• Applebee's Sued By Family of DUI Victim
  Feb 16, 2010

  The family of a man killed by a drunk driver is suing Applebee's and some of its employees, who, they say, continued to serve alcohol to the driver and the driver's friend, even though they were both allegedly clearly drunk.  The family claims the accident could have been prevented had the restaurant employees followed proper procedures and not continued to serve the men, and notified the police before the two men left the restaurant.
  
  One waitress did call 911 when the men left, and when an officer spotted them, they drove off at almost 100mph.  The officer did not pursue them at that point, and the car crashed into another vehicle, killing the occupant of that vehicle before he could be cut from the wreckage. 
  
  One of the men was charged in the incident, but was acquitted because there was doubt about whether he was actually the driver.  He said his friend was driving, but his friend denies that, saying it was the other man.  Both of the men settled with the victim's family, and now the family is going after Applebee's. - 28 - 30

• NY Cop Charged with DWI after Crashing into Tiffany's
  Feb 14, 2010

  
  An off-duty cop was arrested yesterday, charged with DWI and Vehicular Assault after the car he was driving allegedly hit a garbage truck, jumped the curb, and crashed into Tiffany's flagship store on Fifth Avenue in New York.  He and his two passengers had to be cut out of the vehicle, and all were injured.  The cop was reportedly so drunk that he told detectives the year was 2009 and that George Bush was president!
  
  Please click here for a video showing the aftermath of the crash.  - 29 - 30

• Man claims Virginia deputies beat him for burping
  Feb 13, 2010

  
  
  A Roanoke man has filed a federal lawsuit against several law enforcement officers as well as the city.  He claims he was beaten for burping while he was jailed on drunk driving charges.  His burping was allegedly caused by a relatively common health problem -- acid reflux, also known as GERD.
  
  Local Fairfax County DUI Attorney Paul McGlone has commented on this article on his Fairfax County DWI Blog, explaining how the lawsuit highlights Medical Issues and Refusal Defense in DWI cases.  
  
  Please click here to read this particular blog entry, titled GERD Lawsuit Highlights Medical Issues and Refusal Defense in DWI cases. - 30 - 30