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Courtesy of GreenvilleOnline.com
SAN FRANCISCO (AP) — The California Supreme Court has acknowledged that Breathalyzer results mean different things for different drivers.
The unanimous high-court decision issued Thursday means suspected drunken drivers can attack the accuracy of roadside breath test results in some cases.
Studies have shown the breath-to-blood ratio varies widely among different people and even in the same person depending on such factors as health, menstrual cycle and even the weather.
The one-size-fits-all tests determine the amount of alcohol in the breath and then, using a scientific formula, converts that figure into an estimation of alcohol in the blood.
Lawyers say juries in several other states already are allowed to consider the test's variability. |
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Troopers Announce Plan Of Attack |
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Courtesy of WYFF
GREENVILLE, S.C. -- A new team of South Carolina State Troopers will be working to take drunken drivers off the road this holiday weekend.South Carolina currently ranks second in the country for DUI-related traffic deaths. In 2008, 387 people were killed.State troopers, determined to lower those numbers, announced a plan of attack Wednesday. Beginning this 4th of July weekend, more than 30 troopers will monitor DUI hotspots across the state. Lance Cpl. Scott Edgeworth said, "If there is an area we are seeing a higher volume of collisions involving alcohol, those troopers will identify those areas and go out."The highway patrol said it vows to keep the plan going until there is a major decline in DUI traffic deaths. |
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MADD Canada Responds to Federal Justice Committee Report |
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Steve Sumner Says: "One would think this could never cross over the American border..or will it?"
Article Coutretsy of Marketwire.com - Read Original
MADD Canada Responds to Federal Justice Committee Report
OAKVILLE, ONTARIO, MEDIA RELEASE--(Marketwire - June 18, 2009) - MADD Canada is, overall, very pleased with the recommendations made in the June 18th report of the Standing Committee on Justice and Human Rights, particularly its endorsement of random breath testing. MADD Canada is disappointed, however, with the Committee's lack of progress towards a 0.05% BAC in the Criminal Code.
Currently, police cannot request a breath sample unless they have reasonable suspicion of impairment. But people do not always exhibit obvious signs of intoxication, particularly those who are experienced drinkers. As a result, many impaired drivers are not being apprehended. In fact, 2006 criminal charge statistics and national survey data suggest that only 1 in every 168 impaired driving trips results in impaired driving charges.
"It is so important that police have random breath testing as a tool in the fight against impaired driving," says Carolyn Swinson, MADD Canada's Chair. "The Committee's recommendation for random breath testing, if enacted, will put Canada in line with most other democratic countries which are tackling the same impaired driving issues as we are here."
MADD Canada also welcomes the Committee's recommendation around alcohol ignition interlock systems. "We have long held the position that those who are convicted of impaired driving should be required to drive with an ignition interlock system for a minimum of one year," Mrs. Swinson said.
Disappointingly, the Committee recommended the Criminal Code of Canada BAC limit remain at 0.08%. MADD Canada and other organizations have recommended the BAC be lowered to 0.05%. Equally disappointing is the Committee basing this decision on the same, previously-used arguments against lowering the BAC, namely that it will overwhelm the courts and that it will not have an impact on hard-core drinking drivers. Research and experiences in other countries which have lowered their BACs do not support these arguments.
"Research has shown that nearly every jurisdiction that lowered permissible BAC limits has experienced significant reductions in impaired driving," says Mrs. Swinson. "It is unfortunate that the Committee did not follow the evidence that indicates a 0.05% BAC will reduce alcohol-related crashes, save lives and prevent injuries."
MADD Canada was pleased to make a submission to the Standing Committee on Justice and Human Rights in March, as part of the Committee's consultation process for its report. MADD Canada's submission can be viewed at www.madd.ca. |
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S.C. DUIs Drop Over New Year's Holiday |
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Courtesy of WYFF.com
GREENVILLE, S.C. - Numbers were released on Friday on the DUI crackdown during the New Year's holiday, and they're not what the South Carolina Highway Patrol expected.
Year after year, the number of those charged with driving under the influence during the holiday has increased -- but not this year.
According to the SCHP, in the first few hours of 2008, there were 32 DUI arrests made in the Upstate. In 2009, there were 22.
"Just from what we've seen, the traffic wasn't as great as it was last year," said Kathy Hiles, of the SCHP.
Also in the Upstate, there were 18 DUI collisions a year ago on New Year's Eve. This past holiday, there were only nine.
"We do like to see our numbers decrease," Hiles said.
Troopers attributed less wrecks and fewer arrests to the ailing economy.
"We do think the economy did help us in that way, in that a lot of people did stay home, visited with friends, they didn't travel as far or went to major events," Hiles said.
The fear was, Hiles said, that the downturn in the economy would have done the opposite, but it didn't. Officers said, for that, they are thankful.
Troopers said they are actually making more and more DUI arrests at unusual times of the day -- like in the morning and around lunchtime. |
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Big Brother Is Watching... |
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Courtesy of Washington Times
President Obama's pick to head the National Highway Traffic Safety Administration raises a few red flags. If confirmed by the Senate, Chuck Hurley, CEO of Mothers Against Drunk Driving, will drive motorists over the cliff with regulation.
The nation's traffic-safety czar has broad powers to control the roads and road-going habits of Americans. Mr. Hurley has a history of pushing laws that harass millions of law-abiding citizens to ensnare a few lawbreakers. He supports returning the 55 mph speed limit to our highways as well as roadblocks and random pullovers to make sure drivers aren't doing anything wrong. This methodology is based on a presumption of guilt - not innocence - of the average driver who is doing nothing wrong.
Mr. Hurley has promoted a mania of overregulation at MADD. Absent from his advocacies is the principle that a punishment should fit the crime, or that a crime even needs to be committed to incur a penalty. Under this influence, MADD has been lobbying to lower the allowable blood-alcohol content (BAC) for drivers to .04 - which means one glass of Pinot can land anyone behind bars. We do not condone drinking and driving, but the constant lowering of BAC limits has separated what is punishable from what is actually dangerous.
As a result of MADD-fueled binges for tougher laws, extreme drunken driving punishments - such as loss of driving privileges, jail time, fines and legal fees beyond $10,000 - often apply to individuals who were not drunk and in some cases were not even driving. Last month, the Connecticut Supreme Court unanimously upheld a driving-under-the-influence conviction against a man who was sleeping off his bender in his car even though the keys were not in the ignition. In 2005, the North Carolina Court of Appeals upheld a DUI sentence for a tipsy man riding a motorized skateboard. The Georgia State Police charged a woman with drunken driving for riding a horse.
Such absurd cases will continue to proliferate as long as the breathalyzer machine is the sole determinant of guilt rather than evidence of unsafe conduct. Machines are prone to error, and basing guilt on a digital reading leaves little room for the specific facts of an individual situation. The same reliance on machines can be seen in Mr. Hurley's obsession with red-light and speed cameras. Mr. Hurley is a former board member of the National Campaign to Stop Red Light Running. The innocuous-sounding outfit frequently testifies at congressional hearings as if it were a nonprofit victim's advocacy group. In reality, it is a well-heeled lobbying shop for big business.
The so-called National Campaign's phone number - (202) 828-9100 - is answered by a receptionist at the public-relations firm Blakey and Agnew. Among that firm's big-ticket clients are the traffic-camera companies Redflex Traffic Systems of Australia, Gastometer BV of the Netherlands and Lasercraft Inc. of Britain. These foreign corporations all seek to rewrite state laws to allow machines to issue traffic-camera tickets, thus reaping huge profits for the companies that operate them - including Redflex, Gastometer and Lasercraft.
The position of NHTSA chief requires an administrator of sound judgment, not a zealot beholden to special interests. Mr. Hurley's associations and background raise the specter that he could use NHTSA regulations and safety grants to benefit his friends and coerce states into adopting his overbearing pet policies. Mr. Hurley should be offered one (but only one) for the road and sent on his way. |
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Fountain Inn police join DUI enforcement effort |
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"Fountain Inn police join DUI enforcement effort" - courtesy of GreenvilleOnline.com
FOUNTAIN INN -- The Police Department in this Golden Strip city will increase its efforts to stop motorists who are driving under the influence of alcohol and-or drugs through the holiday season.
“We are entrusted by the public to protect our citizens," Police Chief Keith Morton said. "We will do our part to minimize vehicle collisions and other criminal activity presented by intoxicated drivers."
Police will increase saturation patrols and sobriety checkpoints through Jan. 1, according to a statement released by Travis Graham, a department traffic enforcement officer.
State law enforcement agencies and the Department of Public Safety have increased their DUI enforcement activities during this holiday season. |
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Upstate Police Agencies Win Dodge Chargers |
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"Upstate Police Agencies Win Dodge Chargers" - courtesy of GreenvilleOnline.com
Spartanburg, SC - Three Upstate law enforcement agencies -- out of more than 160 statewide -- have been awarded Dodge Charger police vehicles for excelling in a nine-month long traffic enforcement initiative.
The vehicles were awarded to the Spartanburg County Sheriff’s Office, the Travelers Rest Police Department and the Anderson Police Department.
The Anderson Police Department also was awarded a checkpoint trailer and equipment.
The Highway Patrol and State Transport Police also received incentive items.
The agencies were acknowledged for increasing safety belt use, slowing down speeders and reducing impaired and aggressive driving. The initiative ran from Dec. 14, 2007 to Sept. 1, 2008.
South Carolina Department of Public Safety Director Mark Keel said, ""Because these vehicles will be used strictly for traffic enforcement, the communities that these agencies serve are the true winners. High-visibility patrols are instrumental in reducing traffic collisions, which in turn saves lives.""
Next year, up to 16 cars and two SUVs, all fully equipped with police packages, will be awarded. To qualify to win a car, agencies will participate in a traffic initiative focusing on DUI enforcement.
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More Police Learning To Draw Blood |
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Excerpt From Article "More Police Learning To Draw Blood" - courtesy of The Arizona Republic
Steve Sumner Comments "The war on DUI gets more scary...."
If you're drunk behind the wheel in Arizona, chances are increasing that an officer might draw your blood to prove it.
During the past 15 years, most large law-enforcement agencies statewide have moved from using Breathalyzers in favor of using blood to determine alcohol levels.
Thanks to a grant from the federal government, more small and midsize police forces are putting officers through a five-day course to learn the art of phlebotomy.
The grant allowed the Governor's Office of Highway Safety to put about 170 officers through the program this year, in addition to the 100 it paid for last year.
The money is part of a $4.5 million grant package the state annually receives because the National Highway Traffic Safety Administration considers Arizona an "opportunity state," with nearly one-third of its traffic fatalities tied to drinking.
"Breath testing is primarily used throughout the state, but blood is being used more and more," said Alan Haywood, a Department of Public Safety officer and program coordinator. "We call it the CSI effect: Juries and judges want evidence, and they like the blood."
Defense attorneys aren't quite as pleased. The move toward blood-only testing has removed a key underpinning of a DUI defense: faulty equipment.
Tucson attorney James Nesci wrote a book about DUI defense in Arizona, and he claims to have had more than 400 results from Breathalyzer tests thrown out of courts in Pima County.
He has one message for his clients: Cooperate. The police are going to get the evidence they need one way or the other.
"In Florida, they can't draw blood, period. In places like California, it's the motorists' choice on what type of test to take. In Arizona, it's the cop's choice," he said. "If the cop chooses blood or breath or urine here, and you refuse to take the test, you lose your license for 12 months."
Nesci said his greater concern is with officers drawing blood during tense situations.
"You need a license to cut hair in Arizona, but you don't need a license to puncture a vein and draw blood. That in and of itself is frightening," he said. "There are a couple (of) other things that go along with that. Was the person who drew your blood mad at you? Was it an adversarial situation?"
The state requires officers to draw blood from 100 patients successfully as part of the training. They must maintain their qualification with a minimum of 24 blood-draws each year.
That brings many officers to the lab at Carl T. Hayden VA Medical Center, which processes 300 to 400 patients for blood work each day.
It gives officers a good sense of what they may experience on duty, said Mary McCormack, the center's procurement and distribution supervisor.
"We've got everything in here from the healthiest man in the world to an IV-drug user. That's what they're going to see in the real world," she said.
Kori Greene, a Pima County Sheriff's Deputy stationed near Ajo, was in the lab earlier this month. She said the hands-on training made her more comfortable with the prospect of drawing blood from a DUI suspect on the side of the road.
"I was nervous until we came in here," she said. "Coming in here and actually getting to do the draws on people helped."
Greene rolled up her sleeves to show the good (clean marks) and bad (deep bruises) effects of the officers' practicing on each other last week after a little time inserting needles into a dummy.
The discomfort was worth it, Greene said, because with only two officers in her district trained as phlebotomists, resources often are stretched thin.
Lt. Greg Shepherd, patrol commander with the Coolidge Police Department, said that the grant funding paid for six officers to complete the training this year. That equates to more officers on their beats and less time spent transporting suspects from the scene to a station where they can meet a trained phlebotomist, all within the window when it is legally allowed to obtain a blood sample.
Other states have been slower to embrace blood as a determinant in DUI cases, which leaves Arizona on something of an island, Nesci said. Still, it's an island that results in fewer suspects refusing to take a test for blood-alcohol levels, Haywood said, and in more convictions.
"New Hampshire has upward of 80 percent refusal rate. Very few people in New Hampshire get prosecuted for DUI," Haywood said. "Statewide in Arizona, we have an 8 percent or less refusal rate. One thing we can say in (Arizona): We have the toughest DUI laws in the nation and a greater percentage of convictions and prosecutions." |
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First-Time Driving Offenders Don't Get Off Easy |
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Excerpt From Article "First-time driving offenders don't get off easy' - courtesy of CNN.com
Steve Sumner Notes "The good old days are over…"
Now, for the heavy stuff: drunken driving, known as DUI or DWI depending on your state.
In 2006 there were 15,201 alcohol-related fatalities; drivers with blood alcohol content (BAC) with readings of 0.08 or above. This booze-fueled carnage has led governments, law enforcement and other concerned groups to increase their emphasis on ridding the roads of drunken drivers.
The ongoing, heightened efforts of MADD -- Mothers Against Drunk Driving, the National Transportation Safety Board and the Century Council (which is supported by the nation's distillers), are engaged in aggressive programs to stop drunken driving throughout the country.
Their strategies include advertising, education and behavioral change programs. More importantly, serious lobbying for higher penalties has increased, including greater punishments for first-time drunken driving offenders as well as chronic violators.
Fines, penalties, secondary costs and the total negative impact can get downright damaging, oftentimes irreversibly, for first-time offenders.
Depending on where you are arrested for drunken driving and how much blood alcohol level (BAC) your tests show -- plus any additional violations on your record such as reckless driving or speeding -- penalties vary across the nation.
In many states, first offenders are treated quite severely. Here's why: Department of Transportation research from 2006 shows that 54 percent of all impaired drivers involved in fatal crashes were under age 34, with 13 percent between the ages of 16 and 20, making that new driver group most apt to be first-time DUI offenders.
MADD's Operation Memorial Day Court Monitoring Project mirrors national trends with observations in 11 states reflecting national data. It shows that the majority of drunken driving offenders are first-time "arrestees," not first-time drunken drivers, the average age of offenders is 21 to 34 and research shows that first-time offenders arrested for drunken driving have driven drunk more than 87 times before their first arrest. Two-thirds of those whose licenses are suspended for DUI drive anyway.
Even though first-time offenders are in for more serious punishment these days, most states still have a two-tier system with even more serious penalties for repeat DUI offenders and felony drunken driving crime. Currently in all 50 states the BAC for determining drunken driving is .08.
High BAC offenders, especially repeaters, are commonly sentenced to serve higher mandatory jail time such as Florida's nine months versus six months for lower BAC violators. Arizona gives high BACers 30 days compared to 10 for lower BAC offenders and, if you've had two or more for the road, stay away from New Hampshire. There, a .16 BAC can get you an entire year in jail, a full 365 days.
Are higher BAC violators rare? Not at all. The National Highway Traffic Safety Administration estimates that half of all drivers arrested and half of those convicted of DWI have BACs above .15.
In New York, for example, the two-tier system works as follows: DWI (Driving While Intoxicated or Impaired) is based on a BAC of .08 or higher, while the lower penalty DWAI (Driving While Ability Impaired, which could cover prescription drug effects, etc.) is based on a .05 or higher (which might apply more often, although not necessarily, to first-time offenders).
Even if you get off with only that smaller DWAI fine in New York, do not believe other states are as lenient. Elsewhere, the hole in your pocket can be the size of a 5.9 hemi cylinder bore: up to $5,000 in Indiana, $3,000 in Minnesota and $2,000 in New Hampshire. The smallest listed fines by states are in the $300-500 range but generally include other penalties such as mandatory rehab attendance, community service work, an ignition interlock, loss of license for a period and even some jail time. |
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Police To Get Crash Course On New Alcohol Breathalyzer Machines |
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Courtesy of Beaufort Gazzette
By PATRICK DONOHUE
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
843-986-5531
Over the next five months, nearly 100 law enforcement officers from northern Beaufort County will be trained to use new state-of-the-art breathalyzers, as the state prepares to implement tougher DUI laws.
With a one-time, $1.8-million appropriation earlier this year from Gov. Mark Sanford's office, the S.C. Law Enforcement Division purchased more than 400 DataMaster DMT alcohol breath-testing machines and will begin distributing them to law enforcement agencies across the state early next year.
The new Windows-based operating systems will replace the BAC DataMaster breath analyzer machines that state law enforcement has been using for more than 20 years.
"The new machines are more user-friendly, have touch screens, are easier to read and operate and also allow the officer to immediately scan drivers' licenses rather than having to manually input information into SLED's database," said Melissa Munn, spokeswoman for the S.C. Criminal Justice Academy in Columbia.
Police from around the state will be trained on the equipment at the academy.
Each machine costs approximately $10,000, but the individual departments won't pay for them or any related maintenance costs, Munn said.
"The machines are furnished for the departments by SLED and are all maintained by contractors paid by SLED," she said. "The departments have no initial expense and don't have to pay for the machines ... even the printer paper is furnished by SLED for the first year."
Beaufort County owns two of the old machines and will receive two new machines.
The new machines will begin being used by area law enforcement at noon Feb. 10, the date when new, stricter state DUI laws go into effect.
"The transition to the new machines will take a matter of seconds," Munn said. "On Feb. 10, at noon, all of the old BAC DataMaster machines across the state will automatically become inoperable and the new DMT machines will become fully functional. At that point, state agencies will then be required to use only the new DMT machine."
New laws call for tougher penalties for first-time offenders, such as requiring them to enroll in drug and alcohol treatment programs,and remove community service as a sentencing option for second and subsequent offensives. The law also allows for a tiered penalty system with greater punishments for those found to be grossly intoxicated.
Approximately 4,440 officers statewide who are certified on the old machines need to be trained on the new machines, including 96 in northern Beaufort County, according to the justice academy.
Officers are being required to complete a four-hour DataMaster certification course to operate the new equipment, as well as become educated about the new DUI laws. |
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