This was a good win. Client was working on a friend’s car; he lives on a dirt road, and was driving the car, when the cops were called to the scene on a “suspicious” vehicle; cops saw NO traffic violation; no field tests, no breath test; cop tried to suspend my client’s license for a year because of refusing to take the breath test; I continued the license hearing long enough to convince the prosecutor that this was not a DUI; should have seen cop’s face when he found out his “iron clad” DUI was really NOT!
This is what my client said:
“When I was arrested for a DUI, I didn’t know what to do; I was scared, embarrassed, and definitely unsure about how it would play out. I quickly retained Mickey Roberts and after looking at all the evidence, he successfully negotiated a plea for a lesser charge. As a result, I kept my driving privileges AND I don’t have a DUI on my record. While not a magician, he IS honest, professional, and up-front about the risks of fighting a case. He did a perfect job of managing my expectations and I was comfortable with all of our decisions. If you have found yourself in a compromising position and need some genuine help, Mickey Roberts is the best man for the job.”

I saw where an Amish man was arrested and charged with DUI Sunday night after central Pennsylvania police found him asleep at the helm of a slow-moving horse and buggy.

According to the East Lampeter Township police, Elmer Stoltzfoos Fisher was found slumped over in his vehicle, which was being drawn by a horse gone astray, the Lancaster New Era reports.

The department received a phone call at about 9 p.m. from Jesse Blank, an off-duty police officer from a neighboring town, who claimed that the buggy was straddling the road’s center line and was moving at a walking pace.

Officers reported that Fisher showed signs of intoxication, smelled of alcohol and had bloodshot, watery eyes, according to the news source. Police say Fisher recorded a 0.18 percent blood-alcohol content on a breathalyzer test, which is more than twice the state’s legal limit for driving of 0.08 percent.

I don’t know about Pennsylvania DUI law; in Georgia, DUI means driving under the influence of a motor vehicle, so I do not think you could be convicted of such a DUI in Georgia.

I fully believe that in 10 years, there will be zero tolerance of drinking alcohol and driving; in the 1980s, the legal limit was a .12. Then .10; now .08. already Ireland has lowered the limit to .05. (more…)

Most of you have seen the TV ads that say, “over the limit, under arrest”. The “limit” is of course a .08 grams alcohol. Yet, most folks are surprised to learn that they can be arrested even if their alcohol level is below the limit. The fact is that as more jurisdictions need more revenue, more arrests are being made of folks who are not above the legal limit of .08. (more…)

I saw where a Pennsylvania Police Department is usin tax payers money for a device they say will help them in apprehending motorists driving under the inlfuence of drugs. I say, BAH HUMBUG! (more…)

Remembering that one is always innocent until proven guilty, here is another example of why poor choices can lead to bad results:

According to news reports, just days before Florida’s showdown with Alabama in the SEC Championship game, Gators junior defensive end Carlos Dunlap was arrested early Tuesday morning and booked in Alachua County jail on a DUI charge.

Florida coach Urban Meyer announced he was suspending Dunlap for Saturday’s game in Atlanta. Meyer said after Tuesday night’s practice that Dunlap had made “a very poor decision.”

“I have not spoke to him or his family yet. … He’s not going to play. But I want to visit with him and his family first and go from there,” Meyer said. “We’ve had distractiom after distraction (this season). This is a very serious one, obviously, so … it is a distraction. But sometimes this team has found ways to get a little tighter in distractions and we have had a few of them this year.”

According to the Gainesville Police incident report, the arrest was made at 3:58 a.m.

The report states that after trying to wake a sleeping Dunlap several times at a traffic light in the middle of an intersection near campus with his car still in gear, police had to unlock the red 2000 Chrysler through a crack in the driver’s window.

Police said they feared Dunlap would take his foot off the break and the car would cause an accident. After entry was gained, the car was put back in park and the engine turned off.

The report alleges that alcohol was on Dunlap’s breath. He took the field sobriety exercises with poor results, according to GPD spokesman Keith Kameg, then refused to take a breath test.

Dunlap, 20, appeared in court and was released on his own recognizance at 9:10 a.m. The judge admonished Dunlap, whose birthday is Feb. 28, for underage drinking. As part of his release, he cannot possess alcohol, illegal drugs and any prescription drugs that are not prescribed to him. He is not to drive a motor vehicle and if caught he will be found in violation of his release and jailed.

“Stunning is probably a good word,” Meyer said of the timing of Dunlap’s problems. “Young guys make decisions all the time and this one is a serious one and it’s stunning.”

A court date has not been set for the DUI charge.

The Tiger Woods accident over the weekend raises several questions regarding police authority over accidents occurring on private roadways. (more…)