first DUI offenders, the
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DUI Arrest Ohio Supreme Law Dork: Ohio Justice Resnick's DUI Arrest -- Chris Geidner's Law Dork Legal, political, and media commentary from a new Ohio lawyer with a strong interest in LGBT and ethical issues. « Skim: Media Moments | Main | Did Someone Say DeRolph ? » February 01, 2005 Ohio Justice Resnick's DUI Arrest Ohio Supreme Court Justice Alice Robie Resnick was arrested for a DUI yesterday afternoon (yes, about 2 p.m. on a weekday) after several people called Ohio State Highway Patrol / 911, with one saying she was "swerving all over the place." Hear the tapes here hosted at cleveland.com . Another caller: "I didn't wanna pass her 'cuz she's side-to-side." The dispatcher at one point to another dispatcher from a different law enforcement agency: "I musta had a million calls on it." The Toledo Blade has some of the "developing story" here . Among the facts reported in the story, which also was reported on this evening's news, is that "[c]ourt officials said there is no automatic disciplinary action when a judge is charged with driving under the influence." Which means . . . Matt Naugle wins the Irresponsible Partisan Blogger of the Day Award , for his assertion: "So now there is an empty seat on the Ohio Supreme Court." Um, sorry, but you're wrong. [See UPDATE below.] Resnick is a favorite target of Republicans for her votes holding that ohio's school-funding system is unconstitutional and that Ohio's tort-reform statute was unconstitutional as well. ALSO READ: Micah has art, and notes his "favorite part of the story": that reportedly she initially refused to take a field test, rolled up her window, and headed back on the road. Another Day Closer also is excited about a GOP-only court (as Resnick is the only Dem on the court currently). NixGuy is concerned that she was blowing a .216 (on the portable breathalyzer) at 2 p.m. on a weekday. Idiotic People proclaims that Resnick is one. [UPDATE: Although Matt Naugle was wrong in his post about Resnick losing her seat for the arrest, his comment that the Ohio News Network, to which he links in his post, was the one who had it wrong is likely true. So, I will instead give him the Irr ational Partisan Blogger of the Day Award for his assertion that anyone who supports the DeRolph school-funding decisions is not actually a Republican (which he later clarifies to mean a conservative, meaning -- I suppose -- that only conservative Republicans are real Republicans, or something).] Posted by at February 1, 2005 10:50 PM| TrackBack Comments Chris- The article on ONN was changed. I wish I copied the 2nd sentence in the article, as it no longer exists anymore. And its not a GOP-only court- I don't consider any justice who voted that the school funding situation in Ohio to be "unconstitutional" in DeRolf vs. Ohio to be a Republican. Posted by: Matt N. at February 1, 2005 11:30 PM Justices Douglas (nominated as a Republican) and Sweeney (nominated as a Democrat), who voted with the DeRolph majority, are no longer members of the Ohio Supreme Court. Other than Justice Resnick, Justice Pfeifer (nominated as a Republican) is the only justice remaining on the court from the DeRolph majority. So, therefore, even by Naugle's incredibly constraining definition (at least he makes the litmus test he uses clear), there are only two non-Republicans on the court. Incidentally, to show how irrational Naugle's definition is, Pfeifer worked for Republican Ohio Attorney General William Saxbe, was a Republican member of the state House, was a county prosecutor, and was a Republican in the Senate for four terms (including time as Judiciary Committee Chair and Minority Leader) before joining the court. It also appears he was the Republican nominee for the U.S. Senate in 1982. Incidentally, Justice Cook, who dissented in DeRolph , also is no long on the court (having moved on to the Sixth Circuit). The three no longer on the court have been replaced by three who won Republican nominations: Justices O'Connor, O'Donnell, and Lanzinger. A college student opposed to DeRolph , which simply said that all students in Ohio deserved an equal education -- I wonder where Matt went to high school . . . Posted by: Chris at February 2, 2005 12:12 AM I was using the litmus test to show what I define as a republican. Maybe my definition is too strict. In Ohio many Republicans are not Republicans in my book, that we end up being the minority party. Maybe I'm just looking for "conservatives" instead. I went to school in Avon Lake (Lorain County). Posted by: Matt N. at February 2, 2005 12:38 AM And the problem wish DeRolph is that the court somehow equates dumping more money in a school district somehow makes the school better. Schools don't need more money- Instead, they need to spend money effectively, and the legislature needs to help local communities set up a voucher system. Schools are never going to become better until there is is a motivation- Such as going out of business. But the selfish unions put their job security ahead of the education of students. You don't solve the education system by dumping a pile of cash on schools, and the Supreme Court needs to butt out. So fine, make a joke about Avon Lake Schools being well-off. My position is still correct. Posted by: Matt N. at February 2, 2005 02:09 AM Regarding the school funding (DeRolph) issue, Matt N. said, "the Supreme Court needs to butt out." No, the Supreme Court was in a proper place at the time. Ohio's Constitution has a "thorough and efficient" clause when it comes to public education. Anytime a specific constitutional provision is needing clarification, the courts, and ultimately the Supreme Court, are the proper forum to resolve that issue. At the time the DeRolph case was originally brought, similar cases were occuring in the high courts of other jurisdictions (I don't recall exactly off the top of my head, but I think KY, NJ, and MI had similar constitutional clauses, with all of their high courts also tackling the issue). If people don't like the thorough and efficient clause, or if they don't like the fact that government is involved in education in Ohio, then their remedy should be to amend Ohio's constitution. As we saw last year with Issue One, it's easy enough to do. Regardless, stating that the Supreme Court needs to butt out of a constitutional question is insane. Matt N. is fun to read because of the consistency with which he makes himself look like a jackass. His writings and arguments make his side look foolish, immature, and petty. And having said that, it's hard for me to believe that he is truly a Republican; I tend to think that he is simply a liberal shill, pretending to be a Republican, and making the Republicans look that stupid. It's hard to believe that any self-respecting Republican (several of whom are my friends) would look so consistently foolish in trying to present arguments. Posted by: DAVO at February 2, 2005 09:16 AM Thanks for the link. I'm probably cheesed off the most by the free ride she gets from the state of Ohio. Why does she need a state car? So she can drive around the state and see the dismal state of the economy that she helped bring about because of her liberal rulings? Posted by: NixGuy at February 2, 2005 08:52 PM When did the comment section of this blog become the temporary holding pen for the Vast Right-wing Conspiracy? Idiocy abounds indeed. Posted by: Steve at February 3, 2005 02:09 PM Steve, it happened because you weren't commenting! They took over! Hope all is well ... ;-) Posted by: Chris at February 3, 2005 05:53 PM If this is same Mat Naugle, and I'm sure it is, this is funny. I remember this guy when he went to school in California. Nobody liked him over there too, of course. So far every far right columnist I've met, three, has a speech impediment. What's up with that? Oh, and he genuinely believes what he says, oddly enough. Posted by: Partially Informed Alarmist at May 25, 2005 05:01 PM Post a comment Name: Email Address: URL: Remember personal info? 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California DMV Says Beverage Industry Press Release Misrepresented Study On Ignition Interlock Devices For DUIs California Home DMV Home Page Online Services DMV Locations & Hours Publications Forms New Arrivals New to California? FAQs Site Map Title & Registration Information Vehicle Registration Boat Registration License and ID Card Information Driver License ID Cards Commercial License Vehicle Industry & Commercial Permits Special Plates Personalized Plates Disabled Placards Other Information Your DMV Records Other Services About DMV Contact Us Legal Notice and Disclaimer My CA This Site California DMV Says Beverage Industry Press Release Misrepresented Study On Ignition Interlock Devices For DUIs California Department of Motor Vehicles Media Relations Office 2415 First Avenue, Sacramento, CA 95818 March 21, 2005 SACRAMENTO - The California Department of Motor Vehicles says a March 15th press release from the American Beverage Institute (ABI) misrepresented the results of a new DMV study of the effectiveness of ignition interlock devices in reducing the incidence of driving under the influence. The ABI press release said "dramatic findings in a recently released study by the California Department of Motor Vehicles show that interlock devices had no statistically significant effect in preventing subsequent drunk driving convictions, but they increase their users' general crash risk by 130%." DMV officials said that statement seriously misrepresents the published conclusions of their study. "It's true that we found court orders to install an ignition interlock device have no significant effect in preventing repeat DUIs among first-time DUI offenders," said the report's lead author, David DeYoung. "But what the ABI press release completely omitted was our finding that when second-time offenders install the device in order to be able to drive with a restricted license, they have a significantly lower risk of repeat DUI incidents - a 41 percent reduction. Since DUI repeat offenders are a major cause of U.S. highway deaths, this misrepresentation by the ABI press release greatly concerns the California DMV. "In quoting our finding that DUI second offenders using the device have a 130% higher risk of a subsequent crash, ABI seems to imply that the device itself somehow increases the likelihood of a crash. That is not what we said. It is not that installation and use of interlocks causes crashes or that the devices themselves are unsafe," said DeYoung. "Obviously if someone who has previously been forbidden to drive is allowed to return legally to the roadways with an ignition interlock and a restricted driver license, their exposure to accidents increases, no matter how sober they are." The ABI release quoted the DMV report as saying: "Because there is no evidence that interlocks are an effective traffic safety measure for first DUI offenders, the use of the devices should not be emphasized." But the ABI release neglected to mention that the DMV report specifically stated that the devices " are effective in reducing subsequent DUI convictions." DeYoung, manager of alcohol and drug projects in DMV's Research & Development unit, said: "We are concerned because the ABI press release quotes our report out of context, presents incorrect information and misstates the findings of our report so completely that the entire tenor of the ABI release is seriously inconsistent with what the report actually says. We are especially concerned because the ABI release uses that misrepresentation as a pretext for urging legislators to "abandon" any attempts to require the devices before a third offense. On the contrary, the DMV report specifically stated that requiring second offenders to install the device if they want to be able to drive with a restricted license significantly reduces further DUIs." DeYoung added: "It's true that our study showed that court orders to first offenders to install an ignition interlock device are not effective in reducing recidivism among that group - perhaps because many first offenders tend to be in denial, resent the devices and refuse to install them. But the ABI press release completely omits our finding that the devices can have a real effect on repeat offenders who are beginning to come to grips with their alcohol problem and who often find the mechanical devices to be helpful in keeping them out of cars when they've been drinking. We urge judges, police, alcohol rehabilitation experts and anyone concerned about the nation's increasing death toll from drinking drivers to study our report." Under current law, California judges are required to order interlocks for drivers convicted of driving while suspended, if the license was suspended for DUI. Judges may order interlocks for first-time DUI offenders with high blood alcohol levels at time of arrest, and for repeat DUI offenders. In addition, there is an administrative program where repeat DUI offenders can, after serving half their license suspension period, install an interlock and obtain a restricted driver license from DMV. The Report #210, " An Evaluation of the Effectiveness of Ignition Interlock in California ," is available on the California DMV Web site, www.dmv.ca.gov. ### News Media Calls Only: DMV Media Relations Office (916) 657-6437 Back to Top of Page © 2003 State of California. Conditions of Use Privacy Policy
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DUI LawyerDUI Law, DWI Law - Association of qualified drunk driving defense lawyers - www.1800duilaws.com Free Consultation Find a DUI LAWS Lawyer :: Select Your State :: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming About 1800 DUI LAWS DUI Laws by State DUI Arrests by State Drinking and Driving Your First DUI DUI Drugs DUI Laws Dictionary BAC Calculator Field Sobriety Tests Driver License The Science Breathalyzers Jail Alternatives Ignition Interlock Criminal Courts Designated Drivers DUI Insurance DUI Schools Tell a Friend //-- Order Your DMV Record Link to DUI LAWS Contact Us Why Expungement? Expungement 101 Felony Expungement Rehabilitation & Pardon Case Evaluation Traffic School Info About The Content About The Quizzes About The Final Exam Student Comments DUI Chat For Attorneys Only Website Development DUI Attorneys, DWI Lawyers, OWI Attorneys, OUI Lawyers, DUI, DWI, OUI, OVI, OWI, OUIL, DUII Attorneys, Drunk Driving Lawyers, Drinking and Driving, National Drunk Driving Law Firms, National DUI Law. No matter what they are called, cases involving drinking and driving are different than any other criminal offense. DUI cases are not a "whodunit" , like a robbery or vandalism type case. Drunk driving cases are based on the opinion of a law enforcement officer , and the results of a chemical test where the accuracy is highly suspect. To find an attorney, click on a region of the map or your state link. You will be redirected to a state map page to further help you find a lawyer in your area. DWI is a political crime. Drunk driving involves issues of revenue raising for local, state, and federal government . MADD and other organizations have lobbied heavily for laws that demonize the accused DUI offender. In most states, a drunk driving arrest gives rise to two separate cases: a criminal case where a person's liberty is at stake , and a Department of Motor Vehicles case, where a person's driver's license may be suspended . Drunk driving is unique. In any other area of the law, this would be considered a violation of the double jeopardy clause of the Constitution, which prohibits being punished twice for the same act. Indeed, most DUI and DWI practitioners consider drunk driving law to be the "DUI exception to the Constitution." Drunk driving defense is a highly specialized area. There are certain DUI defense lawyers around the country that have dedicated themselves to this area of the law. This website allows citizens to find a qualified drunk driving defense lawyer in their area, as well as find resources to answer questions that arise in the face of a drunk driving arrest. If you or someone you care about has been arrested for DUI, DWI, or drunk driving, please call 1.800.DUI.LAWS or 1.800.DWI.LAWS to find a lawyer near you. DUI and DWI laws have changed in recent years - legal limits have been lowered and punishment increased. With the "carrot and the stick" of federal highway funds hanging in the balance, the legal limit has dropped from .15 to .10 to .08. Drunk driving lawyers anticipate that .05 will soon be upon us, and the possibility of zero tolerance looms large. DUI punishment has increased, with mandatory jail for those convicted of drunk driving or a related DWI offense , increased fines, increased car insurance , loss of driver's license , mandatory alcohol schools , mandatory attendance at AA meetings, community service, ignition interlock devices and more. Some states are requiring those convicted of drunk driving to affix a special license plate or bumper sticker to their cars, to alert the world that they have been convicted of DUI, DWI, or a drunk driving offense. Drunk driving defense is a specialized area. Let one of the qualified DUI LAWS attorneys find a solution to your legal problem. Contact a DUI LAWS lawyer near you for a free consultation . | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.
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Blood Alcohol ContentBefore You Drink » The BAE Blood Alcohol Educator » The Century Council Drunk Driving Underage Drinking Resources Press Order En Español Search Home About BAE Run BAE Program CD-ROM Messages Fact Sheet Find Van -- Photo Gallery Send Feedback Sitemap The BAE Blood Alcohol Educator The BAE is an interactive, educational program that is available in English and Spanish. Developed in conjunction with the University of Illinois, the Blood Alcohol Educator (BAE) educates the public about Blood Alcohol Concentration (BAC) levels and how alcohol affects you as an individual. By entering your gender, weight, and the number and type of drinks consumed, you can quickly learn how alcohol affects your BAC level in a safe and alcohol-free environment. The BAE program also shows information regarding your state laws for drinking and driving, the effects of alcohol at various BAE levels, how food impacts BAE levels and how alcohol affects friends differently. To learn more, enter the BAE program . The Century Council: Education for Safer Drivers Education is the best tool that The Century Council, a national not-for-profit organization funded by America's leading distillers, can provide the American public to help keep our roads and highways safe. The Century Council collaborates with all sectors of the community in the fight against drunk driving and underage drinking. More about our programs The BAE Cyber-Van The Century Council has designed a colorful van that builds out into a cyber-café and tours the country. The van allows users to try the BAE program and learn the facts about blood alcohol concentration. Find out more . Latest News | Top of this page B4UDrink.org: Home | About BAE | Run BAE Program | CD-ROM Messages | Fact Sheet | Find Van | -- Photos | Feedback | Sitemap The Century Council: Home | Drunk Driving | Underage Drinking | Resources | Press | Order | En Español | Search Site by Nash Interactive | Legal | Privacy Policy
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