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Random checkpoints have a controversial past in America. For many years, law and order proponents basically argued that if you have nothing to hide, you have nothing to fear. But high-profile wrongful arrests, such as the unfortunate Richard Jewell saga here in our hometown, clearly demonstrate that’s not always the case. Because of these concerns, …
The winter holidays are rough on many people. About 20 percent of Georgians struggle with severe seasonal affective disorder or the winder blues, a slightly less serious condition. Many people count on the bottle to get them to Martin Luther King Jr. Day. So, it’s not surprising that alcohol consumption increases about 25 percent during …
A valid chemical test result significantly increases the chances of a DUI conviction. However, the result is inadmissible, unless the gadget met certain legal and technical requirements, and it produced an accurate result. Some common legal, scientific, and technical flaws are outlined below. The Breathalyzer, or rather the Drunk-O-Meter, its predecessor device, and the television …
The unofficial last weekend of summer usually means baseball, hot dogs, and enhanced DUI enforcement. Admittedly, we got this post up too late to discuss the multiple jail release options following a DUI checkpoint stop. But cases usually take several weeks or months to wind their way through the pre-filing process and arrive in criminal …
You may have heard “if you’ve been drinkin’ then suck on Lincoln.” This Breathalyzer trick is partially true. Copper reacts with ethanol and skews Breathalyzer results. Back in the day, a penny was mostly copper, so until the 80s or even the 90s, this trick often worked. But in 1982, the U.S. mint changed the …
Most jurors assume the DUI FSTs are scientifically reliable. But such assumptions are often wrong. Indeed, a closer examination of the NHTSA-approved three-test battery reveals some significant flaws. The FSTs are vital in all DUI cases. Officers use poor FST performance as an excuse to demand chemical samples. If the defendant refuses to provide that …
