Tag Archive for: Crime

Ignition Interlock Device: Part 2. As I discussed in my previous post, Alabama has now passed an ignition interlock device law.  It was also discussed which violations would warrant the installation of an ignition interlock device.  For those drivers who are ordered to have an ignition interlock device installed, the next consideration should be how much the device will cost initially. Furthermore, the cost of the continued operation of the ignition interlock device.

Initially individuals who have to install an ignition interlock device will have to pay the sentencing court $75 per month.  This $75 fee will be paid for the first four months while their driver’s license is suspended.  After this initial fee, drivers will have to pay a third party ignition interlock device provider different fees.  The different fees will be for the purchase/lease of a device, installation, and calibration of the ignition interlock device.  The priciest portion of these fees will likely be for the provider to calibrate the device.  Under the new law, all ignition interlock devices must be calibrated on a monthly basis.

Unfortunately the amount of these fees is unknown.  Under the law, the Department of Forensic Sciences has been tasked with establishing rules and determining which providers may install devices.  At this time, the Department of Forensic Sciences has not finalized the rules. In addition, determined which providers will be eligible to install devices.

The new law also opens drivers and other individuals up to new criminal liability.  Once a driver is ordered to install a device, they cannot operate a motor vehicle without the device being installed.  This means that a driver cannot borrow, rent, lease, or operate a motor vehicle without a functioning ignition interlock device being installed.  This law was codified in 32-5A-191.4(h)-(i).  Any individual that attempts to provide a clean breath sample may also be prosecuted criminally under 32-5A-191.4(j)-(k).  If a driver or another individual were convicted of these offenses, they can be sentenced to six months in jail and/or a $500 fine.

The attorneys of Boles Holmes White have a history of success in the court room and are ready to represent clients nationwide. If you find yourself facing DUI or DWI charges, it is important to find an experienced DUI attorney to represent you.

Ignition Interlock Device: Part 1. In 2011 the State of Alabama became the last state in the United States to pass an ignition interlock device law.  An ignition interlock device is placed in the vehicles of certain individuals convicted of DUI.  The device is connected to the vehicle’s ignition system.  In order for the vehicle to start, the driver must register a blood alcohol content (BAC) of .02% or lower.   With the passage of the ignition interlock device, Alabama joined a list of states that make it mandatory for installation of the device if a person is convicted of providing a BAC of .15% or higher or if the person is a repeat offender.

There are several ways that a person may be ordered to have an ignition interlock device installed.  If a person is convicted of a second offense within five years or a third offense within five years, those individuals will be required to have an ignition interlock device installed.  Even some first offenders will be subject to installation of an ignition interlock device.  There are really four ways that a first offender may be subject to the ignition interlock law:

1) A driver has a BAC of .15% or greater

2) A driver who refuses to provide BAC sample

3) A driver convicted of DUI who had a passenger below 14 years of age

4) A driver who causes another person to be injured.

Whenever an individual is ordered to have an ignition interlock device installed, there are several different time frames that may be imposed.  Firstly, if on a first conviction, a driver has a BAC of less than .15% then the ignition interlock device will be installed for two years.  If on a first conviction, a driver has a BAC of .15% or greater or refused to provide a BAC, then the ignition interlock device will be installed for four years.  

Secondly, if on a second conviction within five years, a driver has a BAC of less than .15% or then the ignition interlock device will be installed for two years.  Thirdly, if on a second conviction within five years, a driver has a BAC of .15% or greater or refused to provide a BAC, then the ignition interlock device will be installed for four years.  Fourthly, if on a third conviction within five years, a driver has a BAC of less than .15% then the ignition interlock device will be installed for three years.

 Furthermore, if on a third conviction within five years, a driver has a BAC of .15% or greater or refused to provide a BAC, then the ignition interlock device will be installed for six years.  If on a fourth conviction within five years, a driver has a BAC of less than .15% then the ignition interlock device will be installed for five years.  If on a fourth conviction within five years, a driver has a BAC of .15% or greater or refused to provide a BAC. However, then the ignition interlock device will be installed for ten years.

Unfortunately for those individuals subject to installation of an ignition interlock device, these time frames do not begin to run until the issuance of a valid drivers license.  This means that when a driver’s license has been suspended/revoked, the time requirement does not begin to run until the license is reinstated.  There are numerous issues involved with the new ignition interlock device law.  Anyone facing this issue should contact the DUI attorneys and Boles Holmes White.  Check back for my next post where I will discuss the issues drivers face with installation of the ignition interlock device along with some costs.

DUI Driving Clues. When an individual is arrested for DUI, the majority of the time a traffic stop has occurred.  The National Highway Traffic Safety Administration (NHTSA) has provided guidelines for certain clues, which indicate impaired driving.  The NHTSA has titled these as “20 clues to Impaired Driving.”

The following are the NHTSA’s clues and the likelihood a person stopped for exhibiting a clue will be intoxicated.

  1. Wide turn radius                                             65%
  2. Straddling center or lane marker                     65%
  3. Appearing to be drunk                                     60%
  4. Almost strike object or vehicle                        60%
  5. Weaving                                                        60%
  6. Swerving                                                       55%
  7. Driving on other than designated roadway       55%
  8. Slower than 10 MPH below limit                      50%
  9. Drifting                                                         50%
  10. Stopping without cause in traffic lane             50%
  11. Following too closely                                      50%
  12. Braking erratically                                         45%
  13. Tires on center or lane marker                      45%
  14. Driving into opposing or crossing traffic          45%
  15. Slow response to traffic signal                        40%
  16. Signaling inconsistent with actions                 40%
  17. Stopping inappropriately                               35%
  18. Turning abruptly or illegally                         35%
  19. Accelerating or decelerating rapidly               30%
  20. Headlights                                                   30%

I drive in Birmingham, Alabama everyday, and if I were a police officer, I could stop someone who could be classified as a suspected DUI driver every day.  These “clues” may be appropriate if some were linked together but as stand alone indicators they seem to be lacking.

The attorneys of Boles Holmes White have a history of success in the court room and are ready to represent clients nationwide. If you find yourself facing DUI or DWI charges, it is important to find an experienced DUI attorney to represent you.

Red Light Cameras Only Good for Producing Revenue. While my practice is primarily devoted to the defense of DUI cases in Birmingham, Alabama and the surrounding areas. I find any news about traffic issues interesting.  One issue I have always disagreed with is the use of cameras to write speeding tickets and red light tickets.

Researchers at the University of South Florida discovered that red light cameras actually increased the number of accidents in Florida.  The reason for this is a driver’s tendency to try and abruptly stop at red lights.

Researchers specifically argued that the only reason for the existence of such cameras was to generate revenue for cities.  Researchers furthered argued that state and city governments should actually look at the evidence. Stop making their decisions based on revenue. Furthermore, should make decisions based on evidence.

In Baltimore, Maryland, city officials recently approved a $450,000 overhaul to replace existing speed cameras with new ones.  The reason for this overhaul was based on the high error rate of the old cameras.  How many tickets were given erroneously prior to the city making this discovery?

In Miami, Florida three speeding cameras issued over a 1000 speeding tickets within the first twelve days of their operation.  Each ticket nets the city $95.00.

Red Light Cameras Only Good for Producing Revenue Conclusion: While my practice is primarily devoted to the defense of DUI cases in Birmingham,There do not appear to be any speeding cameras in the Birmingham, Alabama area but drivers should be aware that this is a possible issue in the future.  However, based on the financial issues being faced by state and local governments it should not come as a surprise to local drivers if some of these initiatives are placed into action.

The attorneys of Boles Holmes White have a history of success in the court room and are ready to represent clients nationwide. If you find yourself facing DUI or DWI charges, it is important to find an experienced DUI attorney to represent you.

Per se drug laws have no impact on traffic fatalities. A recent study by the University of Colorado and Montana State University show that the imposition of per se drugged driving laws, DUI, have no impact on the number of traffic fatalities.

Researchers analyzed data from 1990 till 2010.  The data revealed that the passage of the DUI drug laws had no impact on the reduction of traffic fatalities.  This is interesting since more and more states are pushing for some type of per se drug law.  The same researchers determined that the passage of medical marijuana laws actually led to a decrease in traffic fatalities.

Per se drug laws have no impact on traffic fatalities Conclusion: Currently eighteen states have per se drug laws.  The states currently with per se laws are Arizona, Delaware, Georgia, Illinois, Indiana, Iowa, Michigan, Minnesota, Mississippi, Nevada, North Carolina, Ohio, Pennsylvania, Rhode Island, Utah, Virginia, Washington, and Wisconsin.  Even the White House has issued a statement asking states to pass a zero tolerance per se drug law.

This is not to say that a person in Birmingham, Alabama cannot face a DUI conviction when they are under the influence of drugs.  Although in Alabama there is no per se drug law, officers may still arrest a suspected DUI driver if they can show the driver cannot operate a motor vehicle safely.

The attorneys of Boles Holmes White have a history of success in the court room and are ready to represent clients nationwide. If you find yourself facing DUI or DWI charges, it is important to find an experienced DUI attorney to represent you.

Marijuana Induced DUI. In November 2012, the State of Washington legalized the possession of small amounts of marijuana for personal use.  One of the big arguments made by opponents of Initiative 502 was the legalization of marijuana would cause an increase in the number of DUI arrests.  Since the passage of Initiative 502, the opposite has actually occurred.

From December 6, 2012 till January 6, 2013 there was actually a decrease of about 30 DUI arrests from that same time frame the prior year.   Washington has set their legal driving limit at 5 nano grams per millimeter of blood.

Colorado has also been trying to set a legal limit for marijuana induced DUI.  Colorado also wishes to set their drugged driving limit at 5 nano grams per millimeter of blood.  There have been three prior attempts by Colorado lawmakers to pass such a law.  Each attempt has been unsuccessful up to this point.

It would be interesting to see if there is a similar decrease in DUI arrests if 5 nano grams per millimeter of blood were the cutoff in Colorado.  While Alabama currently does not legalize possession of marijuana, the passage of a per se marijuana state is something the citizens of Jefferson County, Alabama may one day face.

The attorneys of Boles Holmes White have a history of success in the court room and are ready to represent clients nationwide. If you find yourself facing DUI or DWI charges, it is important to find an experienced DUI attorney to represent you.

Kentucky Lawmaker Seeks to Toughen DUI Laws. Kentucky representative, Dennis Keene has filed legislation for the fourth consecutive year in an attempt to toughen DUI laws in his home state of Kentucky. House bill 286 would require all people convicted of drunk driving to install an ignition interlock device in their vehicles that would test a driver’s breath before allowing the engine to start.

Despite his bill being “killed” each of the last 3 years in the Senate, Keene is confident this is the year that it will pass because of a new federal law that took effect on October 1, 2012. The law, MAP-21, requires all states to mandate ignition interlock devices or they would risk losing federal highway dollars. It also sets up a discretionary grant program that allows the United States Department of Transportation to provide additional funds to states that adopt alcohol ignition interlock. The cost of the alcohol interlock device is about $3-4 a day and would come at no cost to the Kentucky taxpayers according to Robyn Robertson of the Traffic Injury Research Foundation of Canada.

According to Mothers Against Drunk Driving, alcohol ignition interlock devices reduce repeat drunk driving offenses by an average of 64%.

Kentucky Lawmaker Seeks to Toughen DUI Laws Conclusion: Dennis Keene is a democrat that has served the citizens of the 67th District in Kentucky since 2005 which includes Campbell Country communities of: Dayton, Bellevue, Newport, Wilder, Southgate, Woodlawn and part of Highland Heights. His daughter Kelly Keene Jones was nearly killed in a drunken driving accident in 2002. Keene has since become an outspoken advocate for tougher DUI laws.

For more informative blogs by Alabama Outside Counsel click here.

Standardized Field Sobriety Tests. When stopped for suspicion of DUI, an officer will almost certainly conduct a battery of standardized field sobriety tests.  There are three tests recognized by the National Highway Traffic Safety Administration.  The three tests include horizontal gaze nystagmus, walk and turn, and one leg stand.  As a DUI defense attorney and former police officer, I have had the opportunity to be trained in the testing of the field sobriety tests.

The first test often conducted is the horizontal gaze nystagmus.  There are six “clues” associated with the horizontal gaze nystagmus test.  These clues are 1) lack of smooth pursuit; 2) distinct nystagmus at maximum deviation; and 3) onset of nystagmus prior to 45 degrees.  An officer can notice each of the three clues in both the right and left eye.  The officer will give the “suspect” a set of instructions. Hold a stimulus 12 to 15 inches in front of the “suspect’s” face.  

The officer will look for the nystagmus, which is an oscillating of the eyes, while the “suspect” follows the stimulus.  The National Highway Traffic Safety Administration conducted a study. However, in which “NHTSA research found that this test allows proper classification of approximately 88 percent of suspects.”  This does not take into account the numerous studies in which the fallacies of this test have been pointed out or the fact that there are 38 different causes of nystagmus.  If an officer decides that a “suspect” has exhibited four clues, this is sufficient probable cause to arrest.

The second test conducted is often the walk and turn.  This test consists of two stages, first the instruction stage and then the walking stage.  The instruction stage simply consists of the officer instructing the “suspect” on how to perform the test.  During this stage, two clues may be observed.  First did the “suspect” begin the test too soon and second did the “suspect” maintain their balance during the test.  The next stage is the walking stage.  The clues that may be observed are 1) stops while walking; 2) misses heel to toe; 3) steps off the line; 4) uses arms to balance; 5) turned improperly; and 6) wrong number of steps.  If the officer decides the “suspect” showed signs of two clues, the National Highway Traffic Safety Administration feels that an individual will have a blood alcohol concentration of .08 or greater 79% of the time.

The third test conducted is the one leg stand.  This test also consists of two stages, first the instruction stage and then the balance and counting stage.  During the instruction stage, the officer will instruct the “suspect” to stand with their feet together, keep their arms by their side. Furthermore, maintain that position until told to do otherwise.  The second portion of the test requires the “suspect” to raise one leg in the air. For instance, about six inches off the ground, with their foot pointed out.  

They must also keep their arms by their side, keep their eyes on their elevated foot. In addition, count out loud until told to stop.  This test generally lasts for 30 seconds.  The officer is looking for four clues; did the “suspect” sway, use arms to balance, hop, or put their foot down.  The National Highway Traffic Safety Administration feels that an individual will have a blood alcohol concentration of .08 or greater 83% of the time if two of the four clues are observed.

It is important to remember that you have the right to refuse to take these tests without any reprisal.  Even if a person decides to take the standardized field sobriety tests, a competent DUI defense attorney can point out the severe fallacies with the tests.

Field Sobriety Tests: Not as Accurate as Once Believed. Standardized field sobriety tests are often believed to effectively predict actual blood alcohol concentrations. However, those studies have been called into question.

Several years ago the National Highway Traffic Safety Administration (NHTSA) paid a research institute to conduct studies. Therefore, to determine which of the field sobriety tests used by police were most effective. The results of the test would help them develop standardized tests.

The study found that a test of walk-and-turn, one-leg-stand and nystagmus provided a strong correlation with breath test results. One study reported a 91% correlation with these tests and officers effectively being able to predict blood alcohol levels at over .08%.

However a subsequent article pointed out that the subjects of these studies were often already heavily intoxicated. Which would make obvious a high BAC level regardless of sobriety test performance. The study also did not eliminate other indicators of drunkenness that officers may have observed such as erratic driving, slurred speech, odor of alcohol, flushed face, and admissions of having consumed alcohol.

One huge defect with the study was that officers had portable breath testing devices. So officers already had good estimates of actual blood alcohol concentrations.

Furthermore, officers relying on field sobriety tests were far more likely to overestimate BACs than to underestimate. This was especially true for suspects with very low BACs.

In cases were persons were at or under the legal limit officers were not able to effectively gauge BAC  based on field sobriety tests. This is particularly dangerous in terms of false charges because officers can easily determine when people with high BACs are driving, but it shows that field sobriety tests can not accurately point to when a person is just below the legal limit.

For more informative blogs by Alabama Outside Counsel click here.

Huntsville Alabama: Most DUIs in State. National DUI ranking organization Dragger estimates that Huntsville has the most DUI related arrests than any other city in Alabama.

The 2010 survey showed that Huntsville DUI arrest rate far exceeded other Alabama cities. With a total of 989 in that year alone. Compare that to Auburn, rated second in Alabama for DUIs, which only had 473 arrests.

Although Huntsville had the most arrests for DUI offenses, that does not necessarily mean that Huntsville has more people driving under the influence. The rate of DUI charges more accurately reports the ability of Huntsville police to charge people with driving under the influence.

The conviction rate also does not completely portray the number of persons actually drinking and driving. Although most DUI arrests in Huntsville result in a conviction some argue that this is just because of the court’s inability to properly process the sheer number of DUI cases in the county. Many of the cases result in a plea agreement, which require a guilty plea or lesser admission of guilt although defendant’s may have defenses that would make them not guilty.

Many of the arrests result from the Huntsville police department’s use of checkpoints in the city. Although, these check points result in inconvenience and slight intrusion for motorists, the Supreme Court has ruled that police checkpoints guard against a legitimate threat of drunk driving. As a result the State has a legitimate interest in utilizing the checkpoints.

However, the Supreme Court has also ruled that police should abide by guidelines in carrying out sobriety checkpoints. Police departments like Hunstville follow the National Highway Safety Transportation Authority’s guidelines, which make the checkpoints more predictable to citizens. Huntsville follows these guidelines and announces possible locations for checkpoints ahead of time.

For more informative blogs by Alabama Outside Counsel click here.