Recent Blog Posts in June 2010

The Legislature, with the blessing of MADD, has passed a bill allowing those whose licences have been permanatly revoked after being convicted of 4 or more DUIs to apply for a hardship/work permit. Ask me about details and restrictions.

400 Wrongly Convicted in Washington: Faulty Breathalyzers

I’ve posted well over 100 times during the past six years on this blog about the multitude of reasons why breath alcohol machines are both inaccurate and unreliable.  See, for example, How Breathalyzers Work (and Why They Don’t), Breath Alcohol Testing: "State of the Art"?, Breathalyzer Inaccuracy: Testing During the Absorptive Stage, "Close Enough for Government Work" and Why Breathalyzers Don’t Measure Alcohol.

In today’s news, just another example of the tens of thousands of American citizens who face "trial by machine"…and are wrongly convicted: 

 
Wash., DC.  June 10 – Nearly 400 people in Washington, D.C., have been convicted of driving while intoxicated based on faulty breath tests that calculated blood alcohol levels about 20 percent higher than the reality.

D.C. Attorney General Peter Nickles said the problem was caused when a police officer set improper baseline levels on the machines, the Washington Post reports. Nickles’ office is contacting the convicted drivers and their lawyers.

About 200 of those convicted spent some time in jail, the story says. At least one lawsuit has already been filed based on the revelation.

Nickles’ office launched an investigation after an outside consultant indicated a possible inaccuracy.

Birmingham, AL.  June 13 —   The number of tickets for DUI written by state police from the Birmingham post doubled in March after a memo from the acting post commander threatened to punish any trooper who did not make at least three DUI arrests by the end of that month.

Trooper officials defended the memo from now-retired Sgt. Steve Bryant and obtained by The Birmingham News. The memo said each trooper should make at least three DUI arrests by the end of March, and that those who failed to do so could lose their day-shift assignments or opportunities for overtime pay…

"Initially, this issue is lose-lose for both sides of the table; the trooper on the roadway and the citizens of this area," said Whitney Polson, a DUI defense attorney in Homewood.  "The arrest determination should be based upon facts, not threats of lost pay and time away from the family," Polson said.

Polson and another attorney also said they believed the quota in the e-mail could cast doubt on the legitimacy of DUI arrests.

Phillip Price, a Huntsville attorney and author of the legal reference Alabama DUI Handbook, said he believes quotas exist in law enforcement but he had never seen it put in writing like that before…

As of October 1st of this year, a person with four or more DUI's and a permanant driver's license revocation IS eligible for a hardship permit after a ten-year waiting period from the date of the last conviction. MADD is on-board with this new law.  Call me for details and information on the restrictions that apply.