Claris Law Legal Blogging Community

Editor: Bob Battle
Profession: DUI Defense Lawyer

Virginia General Assembly Passes Bill Raising Speed Limit to 70 mph

Category: Virginia Reckless Driving/Speeding

The Virginia General Assembly has passed legislation increasing the maximum speed limit for certain rural areas from 65 miles per hour to 70 miles per hour. As has previously been posted (see Dinwiddie County Reckless Driving for 11 mph over Speed Limit), the speed limit is already 70 miles per hour in certain well-known speed trap areas like Dinwiddie County and Mecklenburg County, both located off of Interstate 85 in Virginia. Governor Bob McDonnell supports the new legislation. To read more about this legislation, click Virginia passes law raising speed limits.

Virginia DMV claims that 30 % of drivers on the road after the Super Bowl are drunk

Category: Virginia DUI

A press release from the Virginia Department of Motor Vehicles (DMV) reminding people attending Super Bowl parties to choose a sober designated driver before the party claims that three out of ten drivers on the road between 10:00 p.m. and 2:00 a.m. after the Super Bowl are drunk. This is an "estimate" from unnamed "researchers." The article also states that more than one third of these drivers have been drinking at someone else's home. The Virginia Highway Safety Office of the DMV is stating that nearly 50 % of drivers arrested for DUI are normally social to moderate drinkers.

The press release states that the average BAC of "drinking drivers" in Virginia was .14. It states that in Virginia in 2008 that 31,469 people were convicted of DUI and 25,758 people tested with a BAC of .08 or greater. Of course the press release misstates this average of people who were drinking because it only refers to "tested drinking drivers." The only reason someone would be tested is because they have already been arrested for DUI. To read the entire press release, click Prevent Super Bowl Sunday Drunk Driving Tragedies.

FROM RICHMOND VA DUI LAWYER BOB BATTLE: Reading between the lines, these DMV press releases mean that there will be extra police out on Sunday night. The Monday after Super Bowl Sunday has been referred to as "an unofficial national holiday." Be careful, don't drink too much and drive. As a matter of fact, stay home. To real football fans, most Super Bowl parties suck. They are filled with people who talk during the game and shut up to watch the commercials.
Bob Battle

Football Game Results In DUI Arrests Nearly Tripling

According to a report from Idaho's KTVB, the rivalry game between Boise State and Idaho on November 14 resulted in a dramatic increase in arrests for driving under the influence.

According to police, crowds inside and outside the stadium were well-behaved and they believe the patrols caught potential problems before they had the chance to become more serious.

The police had held from Nampa, Caldwell, and Idaho State Police in their patrols. That DUI task force is funded by a state grant.

Between the hours of 5 p.m. on November 14 and 4 a.m. on November 15, police made 36 arrests for DUI. That number approximately triples the number of DUI arrests on a typical weekend night.

HGN Field Sobriety test called "Fraudulent" in Science Journal

Category: Virginia DUI

California DUI lawyer Lawrence Taylor wrote an excellent article in his "DUI Blog" about a published article in a respected scientific journal by J.L. Booker in which Booker concluded that government claims about the ability to measure impairment and alcohol concentration by using the Horizontal Gaze Nystagmus test constitute "deliberate fraud!" The paper by Booker, titled "The Horizontal Gaze Nystagmus test: fraudulent Science in the American courts," is published in Science & Justice (2004 44 pp. 133-139). The Horizontal Gaze Nystagmus, or HGN test, involves the officer asking the motorist to follow the tip of a pen with their eyes. Based on observation of nystagmus, which is basically the involuntary jerking of the eye, the officer is supposed to be able to make conclusions re whether the person tested has a BAC above .10. Taylor, who has referred to the test as the "Voodoo Eye Test," points out that "HGN as a test for intoxication is fundamentally flawed and rarely understood or properly administered by police officers."

The Booker paper points to the deliberate lack of peer review by government agencies and the attempt to get judges to ignore scientific research criticizing the tests as some of the evidence of fraud.

As Taylor states:

Deliberate fraud. Pretty strong language for a scientific journal. After reviewing the flawed and deceptive justifications for using nystagmus in DUI investigations, the researchers concluded that the test was essentially without scientific validity.

The state's argument for the field sobriety tests does not rest on proof of merit, but upon qui tacet consentit reasoning that those tests have been so widely accepted they must have been subjected to some kind of review prior to adoption in the many jurisdictions where they are used, that somewhere along the way someone would have spotted the flaws and shortcomings. Considering that the student manual was originally considered to be a confidential state document and was only obtained through an Open Records Act request, silence from the scientific community cannot be considered an endorsement of the program.
-J>L> Booker

DUI Defense Practice Pointer- Bob Battle has written frequently that the roadside tests are designed for failure- click to view "Roadside Sobriety Tests: The Basics." Richmond Virginia DUI DWI Lawyer Bob Battle always objects to admission of any field sobriety test, but especially the HGN since it is purported to be based on science. Many practitioners fail to require the prosecution to meet the burden required by the Virginia Supreme Court. In the case of Billips v. Commonwealth, in November 2007, the Virginia Supreme Court held that, when the prosecution offers scientific evidence at trial, the prosecution has the burden of proving the reliability of the scientific method offered.
Even the Illinois Supreme Court stated in People v. McKeown in September 2007 that ""HGN testing appears to have as many critics as it does champions." In its opinion , the Illinois Supreme Court quotes a scientific study done by Dell'Osso & Daroff which states:

"Unfortunately, that alcohol can produce horizontal gaze-evoked nystagmus has led to a 'road sobriety' test conducted by law-enforcement officers. Nystagmus as an indicator of alcohol intoxication is fraught with extraordinary pitfalls: many normal individuals have physiologic end-point nystagmus; small doses of tranquilizers that wouldn't interfere with driving ability can also produce nystagmus; nystagmus may be congenital or consequent to structural neurologic disease, and often a neuro-ophthalmologist or sophisticated oculographer is required to determine whether nystagmus is pathologic. Such judgments are difficult for experts to make under the best conditions and impossible to make accurately under roadside conditions. It is unreasonable to have cursorily trained law officers using the test, no matter how intelligent, perceptive, and well-meaning they might be."

DUI defendants should not be subject to a "DUI exception to the Constitution," nor should they have any evidence based on "junk science" admitted at their trials. Remember, ANY evidence is admissible at trial if you have hired a lawyer who fails to object to its admissibility!
Click the link to read Lawrence Taylor's article "A 'Fraudulent' Field Sobriety Test?"

Supreme Court won't review Virginia case re anonymous tip about suspected drunken driving

Category: Virginia DUI

By a vote of 7-2, the U.S. Supreme Court denied cert. in Virginia v.
Harris. The question was whether police need some corroboration of an
anonymous tip that someone is driving drunk in order to make a traffic
stop. The Virginia Supreme Court said the police needed some corroboration to make the stop Constitutional. The Attorney General (Solicitor General Steve McCullough) asked the U.S. Court to adopt a "drunk driving" exception to the Constitutiion, so as to be able to stop the car on the basis
of the anonymous tip alone.

The full Supreme Court said it will not review the 4 to 3 decision by Virginia's Supreme Court. As usual, the justices did not give a reason for denying the commonwealth's request to review the decision.
However, in dissenting to his fellow justices' decision not to review the VA Supreme Court decision, U.S. Supreme Court Chief Justice John Roberts argued for yet another DUI exception to the Constitution:

"I am not sure that the Fourth Amendment requires such independent corroboration before the police can act, at least in the special context of anonymous tips reporting drunk driving," he wrote.

This is a rare victory for the Fourth Amendment, which has been repeatedly ignored in DUI cases by the U.S. Supreme Court.
The Harris v. Commonwealth case involves an arrest and conviction for DUI in Richmond, Virginia after the police received an anonymous tip regarding an intoxicated driver. The officer observed no unusual driving prior to pulling the driver over.

Richmond VA DUI Lawyer Bob Battle, in Part 2 of his book (which was published prior to the VA Supreme Court ruling in Harris) "How to Choose a DUI Lawyer in Virginia," which is subtitled "20 Ways Lawyers who are 'Asleep at the Wheel' of your VA DUI Trial can Lose Winnable Cases" wrote as his 4th of 20 Ways:

4. Anonymous tip of drunk driving from citizen. In this day and age where everyone has a mobile phone, more and more suspected drunk drivers are being pulled over based on a 911 call from a citizen. Virginia law requires that, prior to being able to pull a vehicle over, the officer must obtain sufficient corroborating evidence from a caller to verify who the caller is, how they obtained their knowledge and what this knowledge is that leads them to conclude that someone is driving while intoxicated. If the officer does not obtain sufficient corroboration, the stop is invalid and the charge must be dismissed.

Man Arrested For Third DUI Within 17 Days

The Associated Press reports that police have arrested a 50-year-old man from Reno, Nevada on suspicion of driving under the influence for the third time in less than three weeks.

According to Reno Police Sgt. Tom Robinson, the man was pulled over on October 19 on a U.S. Highway 395 off-ramp on the south end of town after police were alerted to his erratic driving by a concerned citizen.

Police checked the man's record and saw that between October 2 and October 19, he had been arrested on the same charge two other times.

Henrico County VA Policeman J.L. Crain Convicted of Extreme DUI

Category: Virginia DUI

HENRICO COUNTY, VA-Henrico County Police Officer J.L. Crain plead guilty yesterday to DUI stemming from a September 20, 2009, accident when he was off-duty. Crain had a whopping BAC of .28, over 3 times the legal limit in Virginia. Virginia's "extreme DUI" penalties which are found at Virginia Code 18.2-270(A) (ii) require a 10 mandatory minimum sentence for having a BAC above .20.
Henrico County General District Court Judge John Marshall sentenced Officer Crain to 10 days in jail. Under Virginia law, there is no "good time" for mandatory minimum sentences, meaning that Crain will serve the full 10 days.
Ironically, Officer Crain once worked with a Henrico County Police unit that investigated underage drinking called the Party Crashers. Henrico County DUI Lawyer Bob Battle has often been critical of their efforts for arresting college students who were not drunk, were not driving and were honest to the police when asked if they had been drinking, while other partygoers who lied about their age or drinking were let go. I guess we now know what happened to the booze they confiscated.

Nude Motorcyclist Arrested For DUI

The Associated Press reports that authorities say a man in Florida has been charged with driving under the influence after police spotted him riding his motorcycle in the nude.

The Marion County, Florida sheriff's deputy who spotted 45-year-old J. Dante Krauss spotted what appeared to be a nude man on a motorcycle on September 16. He stopped Krauss after catching up with him at a red light.

According to Capt. Mike Rolls, Krauss was unable to explain where he had come from or why he wasn't wearing clothes. Rolls said the deputy asked Krauss if he had been drinking, to which he answered yes. A breathalyzer test showed his blood-alcohol content to be in excess of 0.08 percent, the legal limit.

Police charged Krauss with what Rolls said was his fifth offense of DUI. According to jail records, he was later released on $20,000 bail.

Officer Arrests Same Woman Twice In One Night For DUI

The Associated Press reports that woman in Lincoln, Nebraska apparently wasn't done after being arrested by police for driving under the influence. Hours later, she was arrested a second time in a separate vehicle.

According to police spokeswoman Katie Flood, an officer pulled the woman over shortly after 1 a.m. on August 12 after she allegedly made an illegal turn and was swerving down a street in south Lincoln.

According to the officer who stopped her, the woman's blood-alcohol content was 0.19 percent, more than twice the legal limit of 0.08. She was cited on suspicion of DUI and negligent driving and taken to a detoxification center.

Flood said that nearly two hours later, the woman was pulled a second time by the same officer, this time while driving her boyfriend's car. The officer said her blood-alcohol content for the second arrest was 0.154 percent. She was again arrested for DUI and negligent driving, but this time was taken to jail.

Man Arrested For DUI Smears Feces On Cell And Self

Connecticut's TheDay.com reports that according to the incident report, a 33-year-old man from Norwich, Connecticut arrested for DUI likely did not endear himself to police after he smeared his feces both on himself and in and around the holding cell he was in at the state police barracks in Montville on August 15.

The report said that the man, Przemyslaw Panfil, was charged with third-degree criminal mischief for the temporary damage he caused to the cell.

The report says that Panfil spent nearly three hours "decorating" his cell before being moved to Corrigan-Radgowski Correctional Center.

Originally, Panfil had been charged with driving under the influence of alcohol or drugs, evading responsibility, and improper passing.

Proposed Virginia Bill for Special Legislative Session August 19, 2009

Category: Virginia DUI

Virginia State Senator and candidate for Attorney General Ken Cuccinelli has proposed a bill attempting to remedy the ruling of the United States Supreme Court in Melendez-Diaz v. Massachussetts holding that laws allowing affidavits by persons who tested alcohol, blood or drugs in criminal cases in lieu of live testimony violated the confrontation clause of the U.S. Constitution.
Click the link to view Senator Cuccinelli's proposed legislation.

As usual, Virginia State Police write over 2,000 Reckless Driving Speeding Tickets over 4th of July weekend 2009

Category: Virginia Reckless Driving/Speeding

The Virginia Department of Motor Vehicles issued a Press Release prior to the 4th of July warning of a crackdown on drunk driving and Reckless Driving Speeding. The reality is there is ALWAYS a crackdown on the highways of Virginia and 4th of July 2009 was no exception. 2,140 motorists were ticketed for Reckless Driving over the 3 day weekend according to the Virginia State Police. Trust me, the vast majority were for Reckless Driving Speeding. This is strikingly close to the 2,077 who were charged in 2008. In 2006, the number of Reckless Driving charges issued over 4th of July weekend was over 3000.
If you were one of the unlucky 2,000+ to get a traffic ticket for Reckless Driving Speeding, Virginia Reckless Driving Speeding Lawyer Bob Battle has written a free consumer guide titled "The Shocking Truth about Reckless Driving Speeding in Virginia," which details that this charge is a very serious criminal matter in Virginia.

Chesterfield County Police "Start Safe, Stay Safe" to Crack Down on Reckless Drivers

Category: Virginia Reckless Driving/Speeding

Chesterfield County Police began today and will continue for the entire summer a "crack down" on reckless drivers and boaters. Chesterfield County Reckless Driving Speeding Lawyer Bob Battle who sees the overflowing traffic court dockets year round at the Chesterfield courthouse, predicts that there will be far more charges of Reckless Driving Speeding than there are for Driving While Intoxicated, Boating While Intoxicated or Reckless Driving Accidents.

The Chesterfield County program, called "Start Safe, Stay Safe," had Chesterfield police promising an aggressive, summer long enforcement program:

"It's going to be weekdays, weekend, different hours, just to get the message out there that we need to be aware of our driving and we need to drive safely," said Major Karl Leonard.

There will be an increased number of traffic checkpoints. Officers will be targeting drivers who are drunk, speeding, or violating any traffic law. There will also be an increased police presence on Lake Chesdin.

In Virginia, any speed above 80 mph or 20 mph above the speed limit can be charged as "Reckless Driving Speeding." Bob Battle's consumer guide "The Shocking Truth About Reckless Driving Speeding" has recently been featured in the Baltimore Sun, WBAL radio in DC and Baltimore and CBS6 TV in Richmond. To get a copy of this free consumer guide explaining Virginia's harsh reckless driving speeding laws, click here.

Category: Case Results

THE RESULTS OF SPECIFIC CASES REPORTED ARE NOT MEANT TO BE A PREDICTION OR GUARANTEE OF ANY OTHER CASE. EACH CASE CONSISTS OF FACTORS UNIQUE TO THAT CASE.

Henrico County VA Reckless Driving Speeding Lawyer Featured in Baltimore Sun article

Category: Virginia Reckless Driving/Speeding

March 30, 2009- Henrico County Virginia Reckless Driving Speeding Lawyer Bob Battle and his consumer guide "The Shocking Truth about Reckless Driving Speeding in Virginia" were featured in an article by columnist Michael Dresser in today's Baltimore Sun titled "Speeding costs you more in Virginia than in Maryland."

As Dresser points out drivers from Maryland and other states are often shocked to find that Virginia is the toughest state in the country on speeders.

If you're a speed-happy Marylander who occasionally drives into Virginia, you'd better leave your lead foot on this side of the Potomac. Unlike in Maryland, where cotton-candy traffic laws virtually invite extreme speeding, Virginia takes such behavior seriously.

Under the laws of the commonwealth, exceeding the speed limit by 20 mph or more is classified as reckless driving. Going 80 mph or more, no matter what the speed limit, is also reckless driving.

That's a Class 1 misdemeanor under Virginia law, punishable by a jail term of up to a year and a fine of $2,500. A conviction on that charge will go on your criminal record - permanently. Your driving privileges in Virginia can be suspended for six months - potentially jacking up your insurance rates. If you hold a commercial driving license or a security clearance, your career could suffer.

Mr. Dresser points out that motorists caught at speeds that in Maryland could be resolved without even needing to hire a lawyer, under Virginia law, this exact same speed could have the incredibly harsh results that lead to jail, license suspension, huge fines, dramatically increased insurance and/or a permanent criminal record.

As Mr. Dresser concludes:

Now Battle is a lawyer who specializes in getting out-of-staters off the hook for reckless driving, so naturally he urges people to hire an attorney when facing such charges. Vested interest aside, that's probably good advice. Prosecutors don't like to cut bargains with nonlawyers.

Click this link to get a copy of "The Shocking Truth About Reckless Driving Speeding in Virginia."

Fairfax VA agrees to Reduce DUI charge hours before Court Ordered Intoxilyzer Inspection

Category: Virginia DUI

THE RESULTS OF SPECIFIC CASES REPORTED ARE NOT MEANT TO BE A PREDICTION OR GUARANTEE OF ANY OTHER CASE. EACH CASE CONSISTS OF FACTORS UNIQUE TO THAT CASE.

A client charged in Fairfax County with a DUI was allowed to plead to a reduced charge of Reckless Driving with no license suspension. The accused's Breath Result was a .14 according to the Fairfax County Intoxilyzer 5000 machine. However Richmond, Virginia DUI Lawyer Bob Battle convinced the Fairfax County General District Court Judge that the use of unknown replacement parts, including a replacement "chopper motor," merited an inspection of the machine by his expert, Thomas Workman. (Click to read Fairfax Judge Orders Inspection of Breath Machine.)
Just hours before Mr. Workman was set to test the machine, the Fairfax County prosecutor contacted Bob Battle with the plea bargain offer.
Bob Battle was interviewed about the Case and Intoxilyzer 5000 issue. Here is the video.

News Flash! St. Patrick's Day Celebrations Usually Include Alcohol

Category: Virginia DUI

A Virginia Division of Motor Vehicles Press Release Declares "St. Patrick's Day Celebrations Usually Include Alcohol." Really? Who knew?

Thank you Captain Obvious. But seriously ladies and gentlemen... if you're going out to drink a few green beers on St Paddy's Day, don't drive or you may wind up in the Paddy wagon! The Press Release goes on to recommend that you "always have a designated sober driver." Again sage advice- your drinking buddy, you know, the Irish Notre Dame grad who is President of the local Ancient Order of Hibernians, who not only has just hurled into his plastic green bowler hat but has put it back on his head- not a good choice to drive you home.

NEW SOBRIETY TEST FOR MARCH 17: If you find yourself at a pub and you not only are singing the words to the Unicorn Song, but you are making the green alligator, the long neck geese, the humpty back camel, etc. gestures with your hands, you are definitely too drunk to drive.

For the sobering stats on St. Patrick's Day drunken driving, read the Virginia DMV Press Release.

Fairfax VA Judge Orders Inspection of DUI Breath Machine

Category: Virginia DUI

Fairfax County General District Court Judge Ian O'Flaherty ordered that a defense expert would be allowed to examine the Intoxilyzer machine used to take samples of a defendant's breath. The lawyer for the defendant, Richmond Virginia DUI Lawyer Bob Battle, who was the first lawyer to convince a Virginia judge to allow inspection of a retired Intoxilyzer machine, became the first DUI defense lawyer to convince a judge to allow inspection of a Intoxilyzer breath machine that was still in service.

The issue in the Fairfax County case also revolves around the fact that numerous replacement parts, including a replacement chopper motor, were used in repairing and maintaining this particular machine. To read a detailed analysis of the issues and arguments, go to Goochland Virginia DUI Breath Machine to be Tested by Defense Expert. The machine in question in the Fairfax County case is Intoxilyzer 5000 number SN 68-001538.

COMMENT FROM DUI LAWYER BOB BATTLE- If you have a pending Fairfax County DUI and the Breath Machine was SN 68-001538, make sure you hire a lawyer who is aware of and able to argue this issue on your behalf. Battle, a former Fairfax County prosecutor, wrote the Consumer Guide "How to Choose a DUI Lawyer in Virginia." Part 2 of the book lists 20 specific examples of issues lawyers miss that could win your case or get the charge reduced. To obtain a free copy of this Consumer Guide, click "How to Choose a DUI Lawyer in Virginia."

Goochland Virginia DUI Breath Machine to be Tested by Defense Expert

Category: Virginia DUI

Richmond Virginia DUI Lawyer Bob Battle was the first lawyer in Virginia to successfully convince a Virginia judge to allow a defense expert to examine the breath machine in a DUI case. The machine at issue was an already retired Intoxilyzer 5000 machine.

At issue in this case is the fact that the chopper motor on this particular machine was replaced. Alka Lohmann, former Breath Alcohol Section Chief , the representative of the Virginia Department of Forensic Science ("DFS"), testified that the state has no idea what brand of chopper motor was put into this machine. Bob Battle convinced Goochland Circuit Court Judge Timothy K. Sanner that a defense electrical engineer should be allowed to examine this machine to determine what type of motor was put in the machine and to check to see if this had any affect on the performance of the machine.

Virginia Intoxilyzer 5000 and Chopper Motor Issues

The Intoxilyzer 5000 used in Virginia is a breath machine that is 10 to 12 years old. The manufacturer of this machine CMI Inc. of Kentucky has already developed 2 later generations of intoxilyzer machines and seems to have little or no interest in supporting the model in Virginia. Virginia has wisely chosen not to go with CMI for its replacement breath machine. It signed an agreement with the makers of the machine known as the EC/IRII to replace the Intoxilyzers in Virginia. These machines are already in use in most jurisdictions in the Richmond area.
Here is the background on the chopper motor issue. Harrisonburg, Virginia DUI Lawyer Robert F. Keefer filed a demand under the Freedom of Information Act for records concerning the machine used in Virginia, the Intoxilyzer 5000. In her August 31, 2005 email, Alka Lohmann, ex-Head of VA Department of Forensic Science Breath Alcohol section, wrote:

We need to obtain and implement new equipment because some Intoxilyzer units are already 10 (almost 11) years old. The manufacturer is no longer making all the same parts. The motors the instrument currently uses no longer last very long (due to changes in manufacturing).

In another email to Alka Lohmann and the head of DFS, an employee wrote:

The motors are another issue; the current motor will be discontinued as of January 1, 2006. The "replacement" motors are currently in short supply and have jumped from $5 to $80-$100 per motor...I believe CMI doesn't want to continue.

It's referring to one of the parts of the instrument which is the motor. The current motor will be discontinued as of January 1, 2006, this email says. The "replacement motors" are currently in short supply and have jumped from five dollars to eighty, to a hundred dollars per motor. The rest of the statement goes on to say I believe that CMI doesn't want to continue to support the 5000 line since they have two generations of instruments produced since that time.

Keefer was finally successful in obtaining internal documents from the Department that were submitted in support of an application for funding to replace the breath machines used throughout Virginia with newer models. The following are direct quotes from those documents filled out by DFS Division Director Ronald Layne:

Funding of this request will allow the agency to replace instruments (Intoxilyer 5000 instruments) that are 9-10 years old and for which replacements are not available. These instruments are outdated and the manufacturer is no longer maintaining parts and not capable of fully supporting them since current instruments demonstrate two further generations of technological advancement.

In reponse to the request form's question, "What are the expected results to be achieved if this request is funded?" the following response was given:

To replace outdated, unstable and unreliable breath alcohol instrumentation used by police officers throughout the Commonwealth to certify whether a driver is or is not impaired.

Continue reading "Goochland Virginia DUI Breath Machine to be Tested by Defense Expert"

Fairfax County Virginia Stats show so-called "Directed Patrols" for DUI are Unconstitutional Witch Hunts

COMMENTARY by Richmond Virginia DUI Lawyer Bob Battle- One of the newest techniques in the war on drunk driving in Virginia and throughout the country is the "directed patrol" for drunken drivers. As I have reported in a previous post, these Virginia DUI Directed Patrols are misdirected!

A "directed patrol" is essentially a saturation of an unusually high amount of law enforcement officers on the highways who are supposed to be looking for impaired motorists. The results of 2 such directed patrols so far in 2009 by Fairfax County Police Officers certainly prove that the officers are clueless about whether certain driving equates to intoxication and, in my opinion, prove that these stops were unconstitutional. The United States Supreme Court has ruled that the Fourth Amendment to the U.S. Constitution requires that law enforcement officer must have a "reasonable articulable suspicion" of a criminal or traffic offense before they can stop a motorist.

So how did Fairfax County's finest do in snaring drunk drivers? 100%? Hey nobody's perfect, maybe 95% of those stopped were shnockered? No, hmm, I am sure they were better than 50% since that is the accuracy of a coin flip! Keep going... and going... and going. The results were that under 3% of the over 100 vehicles stopped during these 2 exercises in futility were arrested for DUI. (Remember these are arrests and not convictions.) Less than 25% were even cited for traffic tickets of any kind.

If you have been stopped by a directed patrol or at a roadblock, you need to have an attorney who is aware of these statistics and knows how to use these stats to your advantage in court. One of the main themes of the Consumer Guide "How to Choose a DUI Lawyer in Virginia" is that you can't win an issue your lawyer fails to raise and recognize. This book is available as an instant free download at www.VirginiaDUILawInfo.com .

Despite the Hype DUI Roadblocks Expensive, Ineffective

Category: Virginia DUI

National campaigns such as the "Over the Limit, Under Arrest" and groups like MADD proclaim the success of police sobriety checkpoints. As is often the case, these claims are not supported by the results. A DUI sobriety checkpoint conducted in Tucson, Arizona on February 21, 2009, saw 2,300 drivers be stopped on suspicion of DUI. Yet out of that large number, only 26 DUI arrests were made.

By and large, a recent article in the Oakland Tribune points out that DUI checkpoints seem to have very little, if any, effect. This article suggests that these roadblocks fail to target the real problem. The article cited American Beverage Institute managing director Sarah Longwell, who said a roadblock often catches no drunken drivers and can cost taxpayers $10,000. Longwell's organization advocates responsible drinking in restaurants.

The article also cited psychologist and Golden Gate University professor Kit Yarrow, who at least partially supported Longwell's statement saying that a roadblock may work as a deterrent if someone saw it before "heading out to party," but most consumers will see them on the way home "when it's too late to do the right thing."

Richmond Virginia DUI Lawyer Bob Battle has previously commented on the history of these roadblocks and the dubious U.S Supreme Court decision that carved out the DUI exception to the Constitution for stopping vehicles. ( See "Merry Christmas! You're Under Arrest!" A History Of Sobriety Checkpoints") More importantly, if you have been stopped at a roadblock and charged with a DUI in Virginia, you need to hire a lawyer who knows how to argue that these stops were not conducted in a proper manner or in a proper location. In his Consumer Guide "How to Choose a DUI Lawyer in Virginia," Bob Battle points out over 20 issues that lawyers who are "asleep at the wheel" of your defense, fail to raise that could win your case.

To get your free copy of "How to Choose a DUI Lawyer in Virginia," fill out the form on the top of this webpage- BobBattlelaw.com

Liquor Commission Member Resigns After DUI

Hawaii's KGMB9 reports that a member of the Honolulu Liquor Commission said that he is resigning his post following his arrest for driving under the influence.

Danny Kim, 33, served as the co-vice chairman of the Liquor Commission.

On the morning of February 19, Kim was arrested by police on suspicion of drunken driving (DUI) in Kahala.

The Liquor Commission released a statement saying that Kim has offered to resign while faced with the allegations. He has been a member of the commission since 2003.

Six-Year-Old Killed In DUI Crash

California's Mercury News reports that a 6-year-old boy heading home from church in San Jose died on February 3 when a man suspected of driving under the influence ran a red light and collided with the minivan he was a passenger in. The victim was identified as Isaac Young.

Gary Westover, 36, was arrested by police and charged with DUI and vehicular manslaughter. Police say he was also injured in the crash.

Westover has a long rap sheet in Santa Clara County that dates back to 1991 and includes a prior conviction for DUI.

At around 10:45 p.m. on the day of the incident, a family of four, including Isaac, was westbound in a Chrysler minivan. As they were passing through and intersection with a green light, a Chevrolet Silverado driven by Westover collided with the van's passenger side, according to police. The van rolled over and Isaac was pronounced dead at the scene.

Police say Isaac was securely buckled into a booster seat. Relatives say his mother is in critical, but stable condition and his father and brother were treated and released from the hospital.

The family was returning home from Light of the World Apostolic Cathedral, where Isaac's mother, 38-year-old Theodoris Young, is co-pastor with her sister. They had just attended a Bible study at the church and had lingered afterward to fellowship with other members, which is why they were out at that hour, according to Sherita Gibson, a cousin.

The boy's death is the third time within an 11-day period that children have died or been seriously injured due to a car accident in San Jose.

According to police, Westover smelled of alcohol immediately after the crash. He was taken to hospital with minor injuries and later arrested on suspicion of DUI and DUI causing an accident with major injury. More charges may follow.

Star Florida Pitcher Suspended After DUI

Florida's Palm Beach Post reports that Stephen Locke, senior pitcher for the University of Florida's baseball team and one of the most dependable starters for the Gators, has been placed on indefinite suspension from the team after his arrest on January 24 for driving under the influence, according to a team spokesman.

According to an arrest report, a Gainesville police officer spotted the 22-year-old driving erratically shortly before 2:30 a.m.

The black Mercury SUV Locke was driving was traveling more than 10 mph below the speed limit and he crossed the double yellow line into oncoming traffic, which forced another vehicle to take evasive action in order to avoid colliding head-on with Locke. He then crossed back into the westbound lanes and drove into the bike lane.

Locke was stopped by police, who say they smelled alcohol on his breath, his speech was slurred, he used his SUV for balance, and he was wearing an armband from the Grog House, a popular college bar.

Locke refused to submit to a field sobriety test and was taken to Alachua County jail.

Locke was expected to be one of the senior leaders on the team. He was the starter for the opening game of the 2005 College World Series, and after undergoing Tommy John Surgery in the fall of 2005, posted a 5-2 record with an ERA of 3.17 in 21 appearances last season.

Florida's season begins February 20.

If you are charged with a DUI in Gainesville, Florida, Bob Battle highly recommends the law office of Gainesville DUI Lawyer Jeffrey Meldon.

Man Charged With DUI After Falling Off Moped

Florida's TCPalm.com reports that a 48-year-old man from Port St. Lucie, Florida was charged with driving under the influence after he allegedly fell over his moped and chipped two teeth with a St. Lucie County Sheriff's deputy behind him, according to an arrest affidavit released on January 26.

A deputy who was southbound on South U.S. 1 shortly before 2:00 a.m. on January 23 began following Jeffery L. Labertew after spotting him leaving a "drinking establishment" on a moped.

The moped began to "wobble" as if the driver was unable to maintain control, before Labertew began to make a U-turn.

The deputy eventually made a U-turn and spotted Labertew near U.S. 1 and Prima Vista Boulevard as he was coming to a stop in a turn lane. Labertew, who smelled of alcohol, fell off of his moped.

The deputy asked Labertew to pick his moped up. While attempting to do so, Labertew fell over his moped, chipping two teeth and splitting his lip open when he struck the asphalt.

Labertew's blood-alcohol content was measured to be more than three times the legal limit of 0.08.