Archives : 2012 : January

1. 2012 Washington DUI Caselaw Update – State v. Morales (January 2012) – Implied Consent Warnings

   Jan 28, 2012 —

   Drivers in Washington State have consented unknowingly have to give a breath or blood sample when an officer has probable cause to arrest for driving under the influence.  But before administering a blood alcohol test of a person suspected of a felony such as vehicular assault, the arresting officer must advise the suspect of his right to … [More]

2. Accused DUI Suspect Held in Solitary for 2 Years Gets $22 Million

   Jan 28, 2012 —

   There are some who believe that draconian measures are appropriate for DUI suspects. These people may have no problem taking citizens who are simply accused of driving while intoxicated, locking them up, and throwing away the key. Well, that’s essentially what happened to a man in New Mexico.  Yes, thats New Mexico, a state in … [More]

3. Can a Person Convicted of DUI Sue The Victim?

   Jan 20, 2012 —

   When an individual is convicted of DUI after an auto accident, it’s very common for anyone who was injured in that crash to file a civil suit against the drunk driver. If the wreck was fatal, surviving family members of the victim can sue the drunk driver on behalf of their loved one’s estate. But … [More]

4. Washington Lawmakers Aim to Improve Public Accessibility to Dashcam Video

   Jan 19, 2012 —

   Police vehicle dashboard camera video systems are among the most important technological advancements in modern law enforcement. The footage recorded by these in-vehicle video cameras can help officers provide evidence of criminal activity during traffic stops – and they also serve to expose inappropriate behavior by the officers themselves. The installation and maintenance of dashcam … [More]

5. BAC DataMaster Technician Need Not Testify In Indiana – Bullcoming Fallout Continues

   Jan 17, 2012 —

   A major storm sits over the entire fifty states following the Supreme Court’s ruling in Bullcoming v. New Mexico.  In that case the Supremes told the prosecutors that they have to honor DUI defendants rights of cross examination and produce all of the witnesses. A continual shower of cases show judges across the nation trying … [More]

6. State Toxicologist Who Conducted Blood Test Must Testify – Bullcoming in New York

   Jan 14, 2012 —

     Yet another court follows the U.S. Supreme Court decision in Bullcoming.  Here, a DUI matter with a blood test (interestingly requested by the defendant) required the actual toxicologist who performed the tests to testify.  The supervisor who reviewed everything wasn’t able to answer all of the pertinent questions under cross examination. In People of … [More]

7. DUI Cases Dismissed Due To DUI Arrest Quotas

   Jan 13, 2012 —

   It’s a sentiment usually uttered by frustrated drivers who have been ticketed by a police officer for a traffic violation: “They just pulled me over because they need to meet their quotas.” But is there any truth to that accusation? Law enforcement agencies will always answer with an emphatic “no,” saying that any traffic citations … [More]

8. Retrograde Extrapolation Of DUI Testing Rejected by Nevada Supreme Court

   Jan 12, 2012 —

   Law enforcement agencies and prosecutors would have you believe that identifying drunk drivers is simple and straightforward. They claim that if you get pulled over and your blood alcohol content is found to be above .08 (the legal limit in Washington), then you’re guilty of DUI. In reality, that’s an oversimplified view of the process. … [More]

9. Is Seattle One of America’s “Drunkest” Cities?

   Jan 5, 2012 —

   With the New Year holiday in our rearview mirror, law enforcement efforts that target drunk drivers have abated a bit. Police officers, deputies, and troopers in and around the Seattle Metro area can now shift their focus away from alcohol-related types of crimes. But it begs the question: how does Seattle stack up against other … [More]

10. Washington DUI Caselaw Summary – State v. Cochrane (January 2011) – Notice of Felony

    Jan 4, 2012 —

    A foundational issue of fairness that triggers constitutional protections is notice.  When the government fails to notify a person why they intend to take their liberty most people regardless of their political orientation are offended.  Here the state failed to put Mr. Cochrane on notice of the charge of Felony DUI by omitting language from … [More]