I am down in Fla, and on the drive down I was listening to public radio in Gainesville, Fla. The topic was Halloween parties and people drinking. When you go out to dinner and plan on having one of two glasses of wine, you are pretty certain not to get arrested for DUI; however when you are going to a party and KNOW that you will be drinking more than two drinks, remember these tips: (more…)

Although we are approximately the same age and share the last name, I can tell you from recent statements made by Chief Justice John Roberts that we are definitely not in the same family when it comes to our views of freedoms guaranteed to American citizens by our Constitution. (more…)

One of the most common questions I get from the public is,”what do I do if i am stopped by the police and asked to do field sobriety test?”
Roadside “field sobriety tests” are commonly used by police officers in DUI investigations to determine whether a driver is under the influence of alcohol. Typically, they consist of a battery
of 3-4 tasks, such as walk-and-turn, one-leg-stand, finger-to-nose, or
nystagmus (”follow the pencil with your eyes”).

Based on 3o years od defending DUI suspects, my advice is to NEVER take the field tests. My compatriots agree. Los Angeles DUI lawyer Lawrence Taylor, author of the best-selling legal
treatise Drunk Driving Defense, argues that although these DUI tests have an
aura of scientific credibility to a jury, they have no real basis in science
and are almost useless in determining intoxication.

First, Taylor says, any honest officer will admit that the decision to arrest
for DUI is usually made at the driver’s window. Since the officer has already
made up his mind, his subjective decision as to whether a person passed or
failed the tests is suspect: as with any human, he will “see” what he expects
to see.

Second, the conditions under which field sobriety tests are taken almost
guarantee failure: usually late at night, possibly cold, along a graveled or
sloped roadside, cars passing a few feet away with bright headlights and
buffeting the suspect with wind waves, the officer’s moving flashlight and his
patrol car’s blinding headlights providing the lighting. Add the fact that
the DUI suspect is nervous, possibly frightened and completely unfamiliar with
the tests.

Dr. Spurgeon Cole of Clemson University conducted a study on the accuracy of
roadside field sobriety tests. His staff videotaped individuals performing six
common field sobriety tests, then showed the tapes to 14 experienced police
officers and asked them to decide whether the suspects had “had too much to
drink and drive”.

Unknown to the officers, the blood-alcohol concentration of each of the 21 DUI
subjects was .00% — stone sober.

The results: the officers gave their opinions that 46% of these innocent
people were “too drunk to drive” (Cole and Nowaczyk, “Field Sobriety Tests:
Are they Designed for Failure?”, 79 Perceptual and Motor Skills Journal 99).

In other words, the field sobriety tests
were hardly more accurate at detecting intoxication than flipping a coin.

So based on the above, would I ever take a field sobriety test? NEVER!!

The State of Florida used the Intox 5000 breath testing machine until a couple of years ago, when It started using the Intox 8000. The State of Georgia still uses the Intox 5000, but you have to wonder why. (more…)

You may have seen where Mel Gibson was able to have his DUI arrest deleted or expunged. Anytime someone is arrested and fingerprinted, that arrest goes on both a State and Federal computer records system. The DUI arrest stays on the criminal history forever, unless it is expunged. Many folks call me and ask if their DUI arrest can be expunged. The answer, at least for Georgia, is NO. (more…)

The push to ban texting while driving seems to be gathering steam, according to a New York Times article last week (more…)

GWINNETT COUNTY — A 53-year-old Stone Mountain woman was killed Sept. 27 when her car hit another driver head-on in Lilburn, said Gwinnett police.

Investigators said it is unknown why Maureen Kalkstein’s 2000 Ford Escort crossed into over the center line of Five Forks Trickum Road near its intersection with Pounds Road. However, authorities say the fact she was not wearing her seat belt contributed to her death.

Police said Kalkstein was driving eastbound on Five Forks Trickum Road shortly before noon when her car crossed over into the westbound lane of a 2001 Chevrolet Monte Carlo. They hit head-on.

Kalkstein, who had critical injuries when emergency personnel arrived, was taken by ambulance to Gwinnett Medical Center in Lawrenceville. She was pronounced dead upon arrival.

The driver of the Monte Carlo sustained non-life threatening injuries. She was also taken to Gwinnett Medical Center, where she was treated for her injuries and released that day.

The Police Department’s Accident Investigation Unit reported that of 31 motor vehicle accident fatalities this year not involving motorcycles or pedestrians, in 14 the deceased was unrestrained at the time — 45 percent. Thus, said officials, the Gwinnett County Police Department emphasizes that wearing seat belts saves lives.