Private citizens can arrest other motorists suspected of driving under the influence of alcohol (DUI), the Louisiana Court of Appeals ruled Tuesday. A three-judge panel considered the case of Tracy L. Common who was stopped in Westwego by Gretna Police Detective Brian Rico at 9pm on December 31, 2006. Rico was off-duty and outside his jurisdiction.
That night, Rico saw Common’s Chevy S-10 pickup truck swerving on the road and felt the driver was seriously impaired. He activated the lights on his unmarked car and conducted a stop without waiting for the local police to arrive. When Common hopped out of the car, Rico conducted a pat-down search which turned up 50 pills and $1100 in cash. A later search of his car by local police uncovered $2000 and some marijuana.
Though Rico was a police officer, the court assumed he was acting as an ordinary citizen, citing the 2008 appellate case Louisiana v. Lavergne which upheld a DUI traffic stop performed by a volunteer firefighter from Texas.
An Oregon man attempted to escape conviction for driving under the influence of alcohol (DUI) by claiming he was “sleep driving” and not responsible for his actions. On Wednesday, a three-judge panel of the state Court of Appeals shut down the argument as utterly irrelevant. Even if what he said were true, driving while drunk and asleep would still be a crime.
Jeffrey McCave was sentenced in a county court to thirty days in jail, two years of probation and a $1000 fine for listening to music in an undriven car parked on his father’s driveway while drunk. The Nebraska Supreme Court on Friday used the case to clarify that the charge of driving under the influence of alcohol (DUI) does not apply in a personal driveway.
This handy pocket chart (print out and laminate), brought to you courtesy of the Freep, shows you the good and bad parts of the Detroit Metro when it comes to driving under the influence. We supply it in extra large, because- well, you know.
As you can see, in Detroit proper, the consequences of getting caught over the limit are pretty benign.
North of 8 Mile Road, matters get dicey. And the map tells only half of the story. (Read More…)
In 1998, South Carolina lawmakers mandated that police use dashboard mounted cameras to document the arrest of anyone arrested for driving under the influence of alcohol (DUI). The state supreme court on Monday ruled that the town of Mount Pleasant was not in compliance with this statute, which states a suspect “must have his conduct at the incident site and the breath test site video recorded.”
A US district court judge ruled Tuesday that James B. Ferrari had a point when he sued Suffolk County, New York over its seizure of his 2003 Ferrari 360 Spider. Ferrari was arrested on suspicion of driving under the influence of alcohol (DUI) in the city of Bellport on May 26, 2009. That gave county officials an excuse to grab a car that sold for $190,000 when new.
“Ferrari is not the most sympathetic plaintiff, to put it mildly,” Judge Joanna Seybert wrote, overruling the county’s motion to dismiss the case. “But the Due Process clause protects everyone — even repeated drunk drivers. Here, Ferrari has adequately pled that Suffolk County violated his due process rights.”
Though I’m generally too much of a libertarian to be a huge fan of the work of the neo-prohibitionists at Mothers Against Drunk Driving, this in-car breathalyzing technology is definitely the kind of active-safety mandate I can get behind. After all, the social debate over the the effects of and responsibility for drunk driving has taken place, and despite heavy penalties against it, drunk driving still kills too many people. Unfortunately, since this technology won’t be usable for another ten years, we’re all going to have to live with the risk of drunk drivers for quite a bit longer… and by the time this hits the streets, you had better believe that distracted driving will be a far more relevant risk factor. After all, if the current state of debate over distracted driving were compared to the drunk driving debate, the automakers would still be arguing that in-car kegerators help keep the danger out of in-car drinking… and the government would be working to set voluntary safety standards for those kegerators.
The moral of the story: by the time we recognize societal safety problems as real problems, we are already halfway to solving them… and the final 50 percent of the problem can take years afterwords to solve.
Being arrested for driving under the influence of alcohol (DUI) can cost a motorist thousands of dollars in court fines, insurance costs and attorneys’ fees. At least 79 accused drivers were notified last Friday that the police officer that charged them with drunk driving had likely falsified at least one piece of evidence. Sacramento County District Attorney Jan Scully threw out the cases after an investigation into the conduct of Sacramento Police Officer Brandon Mullock, 24.
The New Mexico Supreme Court on Thursday expanded the ability of police to jail suspects for driving under the influence of alcohol (DUI) by allowing arrests to be made solely based on third-party tips. The ruling was handed down two weeks after the same court had relaxed DUI arrest rules so that motorists sleeping off a night of drinking in their automobiles would not be hit with the same penalty as if they had driven away (read decision).