In Alabama, a DUI charge has administrative implications on an Alabama drivers license separate from the criminal prosecution. Under the “implied consent” law a driver who operates on a public roadway consents to providing a breath sample, currently the Draeger machine. If you refuse, on the first occasion, your license will be suspended administratively [...]
Published by Rutledge & Yaghmai
“I just paid a fine and did some classes. I didn’t plead guilty”
I have received a number of inquires by clients who use the phrase, “I just paid a fine and did some classes. I didn’t plead guilty.” This incorrect statement often leads to future trouble. In the DUI context, people without lawyers walk into court, sign a waiver of counsel and plead guilty. He/she thinks after [...]
DUI +Death = what charge in Alabama?
Under Alabama law, a person may be charged with the following when a DUI is coupled with a death:
1) Murder
2) Manslaughter
3) Vehicular Homicide
4) Criminal Negligent Homicide
Alabama makes no distinction in degrees of Murder. Thus, someone charged with intentionally shooting someone is the same degree felony as a DUI murder.
Another challenge with Alabama law [...]
Minnesota man convicted of DUI while sleeping in his car despite it being inoperable
“Actual physical control” is legal term that is highly litigated in DUI law which the prosecution must prove beyond a reasonable doubt to sustain a DUI conviction.
The Newspaper.com reports in January 2010, the Minnesota Supreme Court affirmed the conviction of a man who was found asleep in his vehicle in his apartment complex. This [...]
Drunk Officer discharges firearm in back of squad car
A female police officer experienced a night on the town in the Dallas area. After becoming highly intoxicated a fellow officer put her in a squad car to rescue her. The police car video reveals that she pulled out her weapon and fired it inside of the vehicle. Go to approximately the one [...]
Improper Calibration of breath machine nets wrongful DUI convictions
More than 400 DUI convictions in Washington, DC were a result of improper calibration of the breath machine. The 10 machines all had the improper baseline for breath tests that read 20% higher than actuality. The Washington Post reports this lead to several people wrongfully being convicted or inducing them into pleading guilty and many [...]
Ultimate Defense – “Murder victim” reappears
I guess one sure fire way to win a murder trial is have the alleged victim show up alive. Reuters reports that a Chinese man who was supposedly “hacked” up in a fight reappeared to his town ten years later. The Chinese police obtained a “confession” from the defendant. Who knew police torture would ever [...]
Cop who falsified DUI arrests WON’T be charged with crime
I previously posted (click here) about a Chicago Officer who would falsify evidence in police reports in order to make DUI arrests. Richard Fiorito has been sued civilly for targeting classes of individuals and making fake DUI arrests. On my prior post the video of one such arrestee clearly showed him not failing the FSTs [...]
Alcohol Found in Everday Items and Why That Could Matter
People generally attach to numbers when they hear them. For example, Julia Roberts makes $20 million dollars per film. No one considers how much she actually puts in her pocket after taxes, agent fees, paying a publicist, etc. Without the exact numbers, she probably pockets 8 to 9 million dollars per film which is a [...]
Is walking home intoxicated more dangerous than driving home intoxicated?
People often hear that if they are too drunk they should either catch a ride or if close to enough to home, then walk home. Makes sense? Maybe not. I am currently reading Superfreakonomics by Levitt & Dubner. This is the follow up to their best selling book Freakonomics. Levitt, an economist by trade, examines [...]