Fairfax County Virginia DUI Machines Are Inaccurate

Earlier in March, Richmond, Virginia DUI defense attorney Bob Battle cast doubt regarding the accuracy of Fairfax County’s breath testing machines.  According to Mr. Battle, one of the machines used by the county, the 10-year-old Intoxilyzer 5000, has significant weaknesses.  Police officers and courts often use the results of this machine to convict a driver of driving under the influence (DUI) in Virginia.

Bob Battle was representing a driver accused of DUI, when he discovered the weakness in the Intoxilyzer 5000.  According to Mr. Battle, when he received the records of the machine, he found out that one of the motors had been replaced.  After further investigation, he discovered that Virginia had purchased a number of replacement motors from various companies and that they couldn’t even tell you what motor was in the machine.  Without knowing the details of the replaced motors, the entire Intoxilyzer 5000 can be inaccurate.

The Fairfax County, Virginia General District Court judge presiding over the case agreed to allow experts to test the accuracy of the breath machine.  However, the prosecution wanted to avoid the testing and offered to reduce the DUI charge to reckless driving, which allowed the motorist to keep his license.  The deal offered by the prosecution was too good to turn down, but Mr. Battle believes that the breath machine will be tested one day.

"I sincerely believe it's going to be like that scene from the Wizard of Oz.  Once they roll back that curtain, they're going to find that this machine is not the perfect machine they try make it out to be -- that this is an outdated contraption. That's why Virginia, when they contracted for the new replacement machines, one of the conditions was that it couldn't have this type of motor in it," said Mr. Battle.

You Don’t Have to Be Driving to Be Convicted of Connecticut DUI

A ruling by the Connecticut Supreme Court means that you don’t have to actually be driving to be convicted of driving under the influence (DUI) in Connecticut.  The Supreme Court’s ruling, which was 5-0 in the case of Michael Cyr, showed that drunk drivers do not have to be driving their cars to be charged with operating a motor vehicle under the influence of alcohol or drugs.

Michael Cyr had been arrested in Manchester in February 2005 after he was found in a parking lot near a bar.  Cyr had started his vehicle remotely and then sat in the driver’s seat intoxicated.  However, he never put the key in the ignition and did not drive anywhere.

The Appellate Court had thrown out Cyr’s conviction, but Supreme Court Justices have ordered to court to reinstate it and send the case back to Manchester Superior Court for sentencing.

Cyr, a 50-year-old Andover resident, faces a jail sentence of up to one year followed by a three year probation period.  This DUI offense would make it Cyr’s third DUI conviction, as he had prior convictions in 1997 and 1998.

According to Chief Justice Chase Rogers, “In starting the engine of his vehicle remotely then getting behind the steering wheel, the defendant clearly undertook the first act in a sequence of steps necessary to set in motion the motive power of a vehicle.”

The phrase, “motive power,” comes from a 1939 Connecticut court decision, which defined what constitutes “operating” a motor vehicle.

Cyr’s case is one in many that have raised questions concerning the definition of operating a motor vehicle under Connecticut’s drunk driving laws.

Local MADD Volunteer and Warren County Attorney at Odds

Mildred “Millie” Jenkins, a local Mothers Against Drunk Driving volunteer, continues to be at odds with the way Warren County Commonwealth’s Attorney Brian M. Madden’s office prosecutes DUI (driving under the influence) cases.

Jenkins cited four recent DUI cases in the county, voicing concern that a blood-alcohol certificate was not entered for the defendants, during a March 5th story in the Northern Virginia Daily.  The certificate would have triggered mandatory jail time and a mandatory ignition interlock device on their vehicles.  An ignition interlock device will not allow the engine to start if a driver’s blood alcohol level is 0.02 percent or above.

Madden responded to Jenkins’ comments in a March 6th e-mail and press release.  He stated that Jenkins had a dual standard when it comes to the prosecution of DUI cases.  Madden cited a case involving Lauren Peterson Cummings who had a blood-alcohol level of 0.19 percent, more than double the legal limit in Virginia, in his response to Jenkins.  He said that Jenkins had asked for clemency for Cummings because she wanted to volunteer with MADD.  However, the prosecution did not agree to Jenkins’ request.

According to court documents, Cummings pleaded guilty to DUI and was given a 60-day jail sentence, with all but four days suspended.  Her blood-alcohol certificate was not entered.  Madden commented that, “no one recalls Ms. Jenkins objecting to this result.”

Jenkins has adamantly denied that she asked anyone to give Cummings a break. 

Madden stated in his press release that Jenkins should have come to him or a General District judge before taking her concerns to the newspaper.

Why You May Have Been Pulled Over for DUI/DWI

You do not have to be driving drunk to be arrested for DWI or DUI.  Drivers are frequently accused of driving under the influence, when in fact, they were never drunk.  Even if you have only had a couple of drinks, you can be arrested for drunk driving if you are pulled over by a police officer.

A police officer has to have a justifiable reason to pull you over for suspected drunk driving.    However, it is not difficult for them to find an excuse, but they usually only focus on the vehicles with obvious violations.  For example, if you are speeding, run a red light or roll through a stop sign, chances are that you will be pulled over by a police officer.  You should also be aware that if you have had a prior DUI or DWI conviction and are driving around late at night, police officers will be looking for a reason to pull you over.  Police officers are known to spend a lot of time reading license plate numbers by inputting them into a central database.  A prior DWI or DUI conviction will show up for the registered driver of the vehicle.

The time of day that you are on the road can also make the difference as to whether or not you will be stopped for DUI or DWI.   Police officers will be looking for drunk drivers during regular bar hours and during special events, such as festivals and sporting events.  Try to avoid areas that are highly concentrated with bars and nightclubs, which will reduce your odds of being pulled over for drunk driving.

The article, What to Expect During a DUI or DWI Stop, has more information about this topic.

Hundreds of Arizona Drivers Arrested for DUI During Five-Day Sweep

During a five-day task force sweep that targeted drunk drivers in Arizona, there were 276 total arrests on suspicion of driving under the influence.  The task force sweep involved 300 officers and deputies from the Arizona Department of Public Safety, the Pinal County Sheriff’s Office and at least eight police departments.  Valley police officers made nearly 150 DUI arrest on St. Patrick’s Day, which accounted for close to half of the total arrests during the entire sweep.

The average blood alcohol level for this year’s arrests was .14 percent, which borders on “extreme” DUI of .15.  There were 74 DUI arrests made that fell into this category.

The task force sweep also issued nearly 1,800 traffic citations for speeding, seat-belt violations, and other infractions. There were almost 4,000 initial traffic stops, which is more than twice what it was last year.
 
In Arizona, a DUI conviction can result in jail time, fines and court fees, driver license suspension, vehicle impoundment and a mandatory ignition interlock device.  A DUI conviction is also considered a criminal offense and will go on the driver’s criminal record, which could affect insurance rates, applications for licenses and future employment.

If you have been arrested for DUI in Arizona, you need to contact an experience DUI attorney immediately.  Call 888-DUI-Answer for legal advice today.

Virginia Beach Police Officers Set Up DUI Checkpoints During Holiday

At least five arrests were made at three Virginia Beach checkpoints for driving under the influence on St. Patrick’s Day.  Police set up these checkpoints as a way to catch drunk drivers on the roads.

"I view the checkpoints as proactive rather than reactive," Officer J.M. Baker said. "They make people think, maybe there's going to be a checkpoint on the way home, maybe I should drink responsibly."

St. Patrick’s Day, along with July 4th and Labor Day, are some of the biggest days for DUIs, even bigger than New Year’s Eve, according to Sgt. Scott Wichtendahl, who is the head of the Selective Enforcement Team that specializes in DUI and traffic.  The Selective Enforcement Team made eight DUI arrests this St. Patrick’s Day, which was more than New Year’s Eve.

Police officers at the St. Patrick’s Day checkpoints stopped 328 vehicles between 8:00 PM and 1:00 AM.  The DUI checkpoints were set up in the 2400 block of Shore Drive, on General Booth Boulevard and on the I-264 West access ramp on South Independence Boulevard.  Checkpoints are usually set up in areas where there is a high concentration of bars.

During the stop, drivers were asked for their driver’s license and registration and officers were looking for any sign of impairment.  Some drivers were also asked to complete field sobriety tests.  Many of the police officers are experts in identifying drunk drivers based on their behavior.

Facing a DWI Conviction in New York?

If you have been arrested for driving while intoxicated (DWI) in New York, there are some facts you need to know.  In New York, DWI cases can be brought under one of two legal theories – DWI “per se” law, which is solely based on alcohol level, not driving impairment, and common law, where the prosecutor must prove that the defendant was intoxicated.

When it comes to the common law theory, the DWI accusation can be based on the opinion of the arresting officer and does not require a blood alcohol level (BAC) reading.  The arresting officer may conclude that a driver is intoxicated if he or she shows an inability to operate a motor vehicle as a reasonable and prudent driver.

A DWI conviction in New York not only may result in a criminal offense, which will go on the driver’s criminal record, it will also cause driving privileges to be suspended.   There are also fines associated with DWI offenses in New York and possible jail time.  The punishment will depend on whether the DWI arrest was for a misdemeanor or felony.  A felony drunk driving conviction can result in time spent in state prison.

If you have been accused of DWI, you should consult with a New York DWI lawyer immediately.  There are drunk driving defenses available and many drivers are wrongfully accused of DWI.  Contact an experienced DWI attorney today at 888-DWI-Answer.com.

Former New Jersey Judge Convicted of Second DWI

George Korpita, a former municipal court judge in Morris County, New Jersey was found guilty March 19, 2009, of his second DWI charge.

Korpita was pulled over last February 15, 2008 for careless driving as his vehicle was swerving in and out of traffic.  He recently admitted to driving drunk and was convicted of his second drunk driving charge, as well as refusing to take a breath test.

Korpita did announce in court that he has been attending Alcoholics Anonymous (AA) meetings and has been sober for over a year. In light of this information, the judge suspended Korpita’s 45-day jail term ruling and ordered him to go to AA meetings six days a week for two years; however, the former judge will be jailed if he misses any meetings.

The court also suspended Korpita’s driver’s license for two years and fined him $2,000.  In addition, the New Jersey Supreme Court suspended Korpita’s license to practice law after he admitted to driving drunk. 

Korpita’s first conviction came after his admittance to driving drunk in Roxbury in 2007 and threatened police who arrested him.  Soon after his arrest, Korpita stepped down from his position in Dover, Rockaway Borough and Victory Gardens.

Arizona Budget Cuts Turn DUI Offenders into Janitors

In light of the recent budget adjustments, Arizona state officials have been forced to cut full time janitor positions and replace them with prisoners in hopes of saving money.  The new plan is controversial, and state officials find themselves on both sides of the idea.

Arizona has experienced a $1.6 billion budget cut this year, and Allen Ecker, spokesman for the Department of Administration stated, “Every other option has been explored, and this is literally the absolute last resort.”

The Department of Administration recently cut 20 full-time custodians and will bring in low-level offenders to clean the bathrooms. The state has already seen a successful program where DUI offenders worked as janitors in the Department of Corrections and Administration building. 

Supporters of this plan confirm that the inmates would be highly supervised, but others argue that it does not make for a safe work environment to have prisoners in the Statehouse.  The proposed plan could also take place at the Senate, House and other buildings at the Capitol.

Defenses You Need to Know About if You Have Been Arrested on DUI in Virginia

There are many sobriety field tests (SFTs) that police will use on someone such as repeating the alphabet backwards.  What many people don’t know is that this test among others, are not the standardized tests recommended by NHTSA. 

There are only three scientifically reliable tests: the horizontal gaze nystagmus test (follow the pen with the eyes), the walk-and-turn test, and the one-leg stand test. 

Virginia police have been known to make mistakes during a DUI arrest.  For example, in the one-leg stand test an officer should not test people who are 50 pounds overweight or are physically impaired. Also, the SFTs were designed to predict a .10 level or above and the legal BAC limit is currently .08, leaving room for error. Another defense in a DWI case is the reliability of the breath testing machine itself. 

If you have taken one of these field tests, there are many possible defenses available for DUI charges.  An experienced Virginia DUI attorney can help you if you have been wrongfully accused of driving under the influence. 

The article “Is It Possible to Get Out of a DUI or DWI Charge” has more information on this topic.

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