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California Drunk Driving Law Center - Lectures - The DUI Exception to the Constitution Site Map :: Disclaimer California DUI Laws and Legal Information The DUI Exception to the Constitution Lawrence Taylor Click Here to Listen ... been a law professor. He specializes in drunk driving as an attorney. Welcome Larry. Thank you, Gene. Thank you. Thank for the invitation to speak and to appear and take part in this really exciting gathering. I’ve been looking forward to this for quite a time. Particularly, I’ve been looking forward to coming and listening to my—one of my personal heroes, Charles Murray, speak. And I did listen to him this morning and I was certainly not disappointed—well, maybe a little disappointed. After 27 years of being an attorney and finding out I have absolutely no social value is disappointing, but then I guess Abraham Lincoln would have been disappointed too. We can all just hope and pray very strongly that Mr. Murray is never arrested by a police officer, wrongly or otherwise and forced to confront the powers, overwhelming resources of the state in front of a jury of his peers. Or if he does, let us hope and pray that he knows a very good physician or accountant to defend him. I hope to convin—is this working? It doesn’t sound like it—I’m getting any—I hope to convince you in the next hour, some of you, convince some of you, in the next hour that the greatest single threat to our freedoms, the freedoms set forth in our Bill of Rights to our constitution. The single greatest threat is not from China. I don’t think it’s from Choostan. I don’t think it’s from the extremists of the Muslim world. The threat as it has always been throughout history is internal. It is from within. I do not think it is from the American Communist party or extremists on the right. I hope to convince a few of you the greatest single threat to our freedoms today is a group of American housewives. They call themselves the Mothers Against Drunk Driving, MADD. I am fully aware that some of you belong to MADD. And I am certainly not here to make fun. Many of you who are in MADD are—have had tragic losses at the hands of drunk drivers. Others of you here do not belong to MADD, but you have contributed to MADD and many more of you here, perhaps most of you here, are in complete sympathy with their goals and their activities. But I hope to convince you after one hour that you might want to reassess your view of that particular organization. And I do not take them lightly in terms of their intentions. But we know that throughout history it is the well-intentioned zealots—those who believe strongly in the rightness of their cause—that are most willing to impose those ideas upon others. I do not, by the way, for a moment suggest that we should legalize drunk driving. I'm going to make that clear at the outset. But it is the true believer who is the greatest threat. And I should at the outset acknowledge my tremendous debt to Mr. Eric Hoffer who wrote that book, The True Believer. He was a longshoreman when I was going to school at Berkeley in the 60’s. Did not have a high school education, but he was teaching Philosophy at the University of California Berkeley and wrote this tremendous little jewel of a book that has been terribly influential in my own thinking. I would like you to imagine for a moment that you’ve gone to a friend’s house for dinner. In the course of a very good dinner you’ve had a couple of glasses of a good Petit Serah and it is now time to drive home. I would like you to imagine that you are on your way home—and, I will tell you parenthetically, by the way, that two glasses of wine will not, in any state, put you under the influence of alcohol or over the legal limit of .08, or .10 depending on your home state. As you are driving along the highway, you see ahead of you some flashing lights and barricades and police cars accordioned across the highway, with flashing lights directing you into an increasingly small channel. And, as you go in, you are stopped and two police officers approach you and stick a flashlight in your face and say, "Breath on me. Have you been drinking tonight? Please step out of the car." Some of you say, "Well that can’t happen in the United States. We have the Fourth Amendment to the constitution, which says, 'police officers have to have probable cause to stop you. They have to have a reason to believe you’ve done something criminal before they can stop and detain you.'" And so said the Michigan Supreme Court in the case of Sitz vs. Michigan. The Supreme Court of Michigan said, "The Fourth Amendment does not permit these types of roadblocks." And reversed the DUI conviction. They went up to the United States Supreme Court, unfortunately and that august body decided 5 to 4 that somewhere in the constitution there is something called a DUI Exception. And in a 5 to 4 vote sent it back to Michigan saying there is no violation here. What’s interesting is the Michigan Supreme Court, bless them, for there are fewer and fewer of them, said, "Well, if you will not protect our citizens in the state of Michigan from this kind of police conduct, we will. And we again reverse the conviction and this time we rely upon our own state constitution." (Applause) The state of Washington and three other states have followed suit. In 46 states today it is legal to stop you for absolutely no reason other than the fact that you are driving a car. But only to check you out for drunk driving. You have been stopped, you have been taken out of the car and you have been handcuffed. You are placed in a police vehicle and you are on your way back to the police station. About this time you’re probably wondering—I’ve seen this TV show somewhere—they’re supposed to read me something aren’t they? Something called Miranda? Aren’t I supposed to have a right for an attorney? A right to remain silent? Because, as you’re driving, the officer's asking you all kinds of questions. Like, "Where have you been?" "Where are you coming from?" "How much have you had to drink?" "How long ago was it?" "When was the last drink?" "Do you feel the effects?" "Where are you now?" "What time is it?" Well, again, a state Supreme Court said, "Hey, this person’s handcuffed under arrest, you’ve got to advise him of his constitutional rights under Miranda." And again, it went to the United States Supreme Court in the case of Birkemer vs. McCarty in 1984. The Michigan vs. Sitz case was 1990, by the way. In Birkemer vs. McCarty, the [United] States Supreme Court fooled around for about 20 or 30 pages of opinion and finally concluded that there was a DUI exception to the constitution. And that, "Well, we really can’t tell you when you’re supposed to give Miranda in a DUI case. We do know that it is later than in other types of criminal investigations." So, U.S. Supreme Court has told us we don’t know when Miranda is supposed to be given in DUI cases, but it is clearly some time later. Return to Lectures Previous | Page 1 of 8 | Next Home :: DUI FAQ's :: Drivers Guide :: Lawyer's Guide :: DUI Research :: DUI Checkpoints The DUI Officer :: DUI Books :: Audio Lectures :: DUI Nationally :: DUI Firms This site is hosted and maintained by: Law.Net ® Return to Top © 1998 Lawrence Taylor :: All Rights Reserved



Penalties for Driving Drunk  You are here: About > Health & Fitness > Alcoholism / Substance Abuse > Drunk Driving > Penalties for Driving Drunk Health & Fitness Alcoholism Essentials First Time Here? Drinking Problem? A Family Disease Frequently Asked Questions Issues for Women Topics Alcoholism 101 About Drug Abuse Effects of Alcohol Do I Have A Problem? How to Quit Find a Meeting 12 Step Recovery Domestic Abuse Support for Families College Drinking Issues Facts for Teens Drunk Driving Research and Statistics Treatment / Rehab Women and Alcohol Buyer's Guide Before You Buy Top Picks Recovery Classics Recovery Books Recovery Videos Product Reviews Forums Help FREE Newsletter Sign Up Now for the Alcoholism / Substance Abuse newsletter! See Online Courses   Search Alcoholism / Substance Abuse Stay up to date! Email to a friend Print this page Suggested Reading Alcohol and Trauma Alcohol-Related Impairment DUI - The Costs More Information The Dangers The Penalties The War Most Popular Alcoholism Screening Quiz Adult Child of Alcoholics Screening Quiz Symptoms of Alcohol Withdrawal Drug Abuse Screening Quiz Alcohol Screening Quiz What's Hot Sleep Problems in Recoverin... Long-Term Pot Effects? Cocaine May Play Role in De... Alcohol-Deterrent Drugs Different Kinds of Pot? Related Topics Attention Deficit Disorder Bipolar Disorder Depression Mental Health Resources Panic / Anxiety Disorders Penalties for Driving Drunk From Buddy T , Your Guide to Alcoholism / Substance Abuse . FREE Newsletter. Sign Up Now! Penalties For Drinking and Driving Get Stiffer Every day drivers are arrested for driving under the influence, or driving while intoxicated, as law enforcement agencies continue to crackdown on these dangerous offenders. For many of these drivers it will not be their first DUI offense. So, what fate awaits these drunk drivers? They may be surprised to find that penalties for DUI, even the first offense, have been increased since they last checked. Due to the efforts of groups like Mothers Against Drunk Drivers (MADD), some 1,600 new DUI laws have been passed nationwide since 1980. All states have adopted 21 as the legal drinking age. Two-thirds of the states have now passed Administrative License Revocation (ALR) laws, which allow the arresting officer to take the license of drivers who fail or refuse to take a breath test. Many states have now lowered the legal blood alcohol concentration (BAC) limit from .10 to .08 percent for adults, and more than a dozen states have passed Zero Tolerance laws which prohibit drivers under 21 from having any measurable amount of alcohol in their blood system. Moreover, the penalties have increased for drinking and driving, especially for repeat offenders. Many state legislatures have passed laws requiring mandatory jail time for repeat DUI convictions. The fines have gotten larger, the length of license suspension has gotten longer and getting a "hardship" license just to go back and forth to work is getting more difficult. Facing the Consequencies Although laws differ from state to state, here's a typical routine facing repeat offenders: Getting an attorney in hopes of getting a reduced sentence or pleading to a reduced charge is a waste of time and money in many states. The penalties that the judge must impose are mandated by state law. In some states even first offenders may be facing lengthy license suspensions and a weekend in jail. Many states have passed Habitual Violator laws, which provide felony penalties for three DUI convictions. These offenders lose many of their civil rights -- like being able to vote or own a weapon -- as well as their driver's license permanently or for many, many years. In order to get that license back, most states now require that offenders complete some form of DUI school, but it has become a lot more involved than just sitting in class several hours and passing a written test. Now the offender must first go through an assessment interview with a professional counselor before it is determined what steps must be completed before the driver's license is reinstated. Typically, the offender is given a set of questions that are designed to determine the extent of his "drinking problem." Assessment of Drinking Patterns In some states, the certified counselor now has the power to adjudicate the offender into Alcoholic Anonymous or a medical treatment or counseling program. The offender does not have to follow the guidelines outlined by the counselor, but it's the only way he will ever regain his driving privileges. The counselor, based on his assessment of the drunk driver, can mandate attendance at as few as three or four A.A. meetings or, for repeat offenders, 90 meetings in 90 days, or a 28-day residential treatment program, detoxification, or other medical treatment. All of this cost time and money or both -- on top of the fines and probation fees the offender must pay. But that is not the only cost involved. Many states also require additional insurance coverage before returning driving privileges to DUI offenders, and that can run into some serious money. Then there is the fee most states charge for re-issuing a driver's license. All totaled, a DUI conviction can be a very expensive[/link] deal indeed, especially a second or third offense. The costs can be even greater, for those who receive a DUI as the result of a traffic "accident." Drivers who were drinking at the time are finding that the courts are placing more of the liability for damages on them, regardless of the circumstances of the traffic incident. Holding Drivers Responsible The justice system is holding drunk drivers accountable for the damage they do to innocent victims -- families out for a final weekend of summer fun -- who are killed or injured on the highways because the other driver was drinking. The monetary liabilities for such incidents can run into the millions, not to mention the criminal penalties. In some areas, part of the DUI school curriculum puts offenders face to face with victims, who tell their painful stories of how a drunk driver changed their lives forever. Perhaps personalizing the pain that drinking and driving can cause will make the offender stop and think before getting behind the wheel. Simply stated, society is trying to get the point across that drinking and driving is no longer acceptable and will not be tolerated. Important disclaimer information about this About site.   Topic Index | Email to a Friend Our Story | Be a Guide | Advertising Info | Work at About | Site Map | Icons | Help User Agreement | Ethics Policy | Patent Info. | Privacy Policy | Kids' Privacy Policy ©2006 About, Inc., A part of The New York Times Company . All rights reserved. Around About Tips to Losing Weight Guide to Distance Learning How to Travel for Less PHOTOS: Italy PHOTOS: Hybrid Cars What's Hot Sleep Problems in Recoverin... Long-Term Pot Effects? Cocaine May Play Role in De... Alcohol-Deterrent Drugs Different Kinds of Pot?



DWAI as a misdemeanor

LegalSurvival.com - Your Online Resource for Free Legal Advice on Personal Injury, Family Law, Small Business Law, Estate Planning, DWI, Criminal Law, and more! D.W.I. Link Newsletter Volume 2 - September 2002 A monthly newsletter devoted to Driving While Intoxicated law in New York State ---------------THIS MONTH'S TOPIC--------------- Enhanced DWI Charges When does DWI become a felony? Driving While Intoxicated and Driving with Greater than .10% Blood Alcohol Content are usually unclassified misdemeanors. However, Vehicle and Traffic Law section 1193[1](c)(i) makes Driving While Intoxicated and Driving with Greater than .10% Blood Alcohol Content class E felonies if the driver has been convicted of either Driving While Intoxicated, Driving with Greater than .10% Blood Alcohol Content, or Driving While Ability Impaired by Drugs within ten years of his or her most recent arrest. A driver may also face a felony DWI prosecution if he or she has previously been convicted of Vehicular Assault in the First or Second Degree or Vehicular Manslaughter in the First Degree or Second Degree within the past ten years. What happens if the driver has more than one prior DWI within the past ten years? If a driver has two or more prior convictions for DWI, Vehicular Assault in the First or Second Degree or Vehicular Manslaughter in the First Degree or Second Degree within the past ten years and is arrested for DWI, he or she will be charged with DWI as a class D felony. This charge will be enhanced to a class D felony even if both the prior convictions were for misdemeanors. A driver does not have to have been previously convicted of DWI as a class E felony to be charged with DWI as a class D felony (see People v. Homero , N.Y.L.J., April 14, 1997). When does Driving While Ability Impaired by Alcohol become a misdemeanor? Driving While Ability Impaired by Alcohol is usually a traffic infraction. If a driver has two or more alcohol or drug-related driving convictions under any of the provisions of Vehicle and Traffic Law section 1192 within the past ten years and is arrested for Driving While Ability Impaired by Alcohol, the charge will be enhanced to an unclassified misdemeanor under Vehicle and Traffic Law section 1193[1](a). Is DWAI as a misdemeanor a lesser included offense of DWI? It is not uncommon for a driver to be arrested for Driving While Intoxicated, Driving with Greater than .10% Blood Alcohol Content, or both, and subsequently be convicted of Driving While Ability Impaired by Alcohol. When a driver has two prior alcohol or drug-related driving convictions within ten years, and is convicted of the lesser charge of DWAI, there is a question as to whether the accusatory instrument and proof at trial must set forth these convictions for the enhancement to a misdemeanor to apply. In People v. Jamison , 170 Misc.2d 974 (Rochester 1996), the defendant was charged with Driving While Intoxicated and Driving with Greater than .10% Blood Alcohol Content. The jury acquitted the defendant of both misdemeanors and convicted him of Driving While Ability Impaired by Alcohol. No proof was offered during the trial regarding the drivers two prior DWAI convictions. Instead, the prosecution argued that it should be allowed to introduce these prior convictions at sentencing to enhance the conviction from a violation to a misdemeanor. The court denied the prosecutions motion for enhancement to a misdemeanor after trial. In its analysis, the court noted that misdemeanor DWAI could not be a lesser included offense of DWI because both offenses are unclassified misdemeanors and that misdemeanor DWAI requires proof of two prior offenses within the preceding ten years while DWI does not. As a result, it is possible to commit DWI without committing misdemeanor DWAI at the same time. While not raising the conviction to a misdemeanor, the court did allow the prosecution to prove one prior Driving While Ability Impaired by Alcohol violation within five years at sentencing for purposes of any potential enhanced sentence (fines, jail term and license suspension) that the driver may receive. 2002 by Michael S. Taheri, Esq., and James F. Orr. All rights reserved, however, no right is claimed to governmental works. This newsletter does not offer specific legal advice. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. If you have any questions or would like a specific topic covered in the newsletter, please contact Michael S. Taheri, Esq., or Peter J. Todoro, Esq., at Taheri & Todoro, PC, 388 Evans Street, Williamsville, NY 14221, telephone no. (716) 633-0374, e-mail: lawyers@taheriandtodoro.com Click here for the D.W.I. Link Newsletter Archives Michael S. Taheri, Esq., and James F. Orr. All rights reserved, however, no right is claimed to governmental works. This newsletter does not offer specific legal advice. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. If you have any questions or would like a specific topic covered in the newsletter, please contact Michael S. Taheri, Esq., or Peter J. Todoro, Esq., at Taheri & Todoro, PC, 388 Evans Street, Williamsville, NY 14221, telephone no. (716) 633-0374, e-mail: lawyers@taheriandtodoro.com Home | Prepaid Legal Plans | LS Newsletter | D.W.I. Link Newsletter | Attorney Marketing | Bookstore | Checklists | FAQs | Free Legal Forms | Links and Resources | About Us | Disclaimer LegalSurvival.com 74 Main St. PO Box 31 Akron, NY 14001 Phone: (716) 542-5444 rfriedman@legalsurvival.com © 1996-2006 Victoria Square Publishing Co., Inc. All rights reserved



aggressive DUI defense. Massachusetts

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DUI Help - DUI Videos and DVDs Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos DUI Video Catalog Sudden Impact: Drunk Driving Impaired Driving: DWI Can Equal DOA Teens, Alcohol, & Club Drugs Drinking & Driving: A Dead End Crossing Deadly Lanes Drunk Driving: The Party's Over VHS Choosing Your Destiny Dr. Phil - How Do You Look Drunk? Picking Up the Pieces Just Call Me Crash DUI: Dead in 5 Seconds Jenny's Journey It's Not An Accident - Jason Barber Jane Drinking & Driving: The End of the Road Impact Deadly Consequences of Drunk Driving Defensive Driving Doctor's Views on Drugs & the Dangers of Drugs Drivers Education Special Crisis On Campus Alcohol and Abuse Google Search Results DUI Videos and DVDs Sudden Impact: Drunk Driving Revealing look at how far-reaching and devastating these crashes are for everyone involved - By Tom Brokaw NBC News - Dateline MSNBC Video This story is a cautionary tale. There are more deaths from drunk driving crashes on New Year's Day than on any other day of the year. When they are reported, the journalistic shorthand often goes something like this: ‘One dead, four injured in car crash. Drunk driving suspected.” And then that's the end of it, a story briefly reported and quickly forgotten. NY Times Review But we wondered, what happens after the news coverage stops? How do the victims and their families fare? What is the emotional toll? What are their financial costs? A little more than two years ago, we started tracking one such case. As you're about to see, “One dead, four injured” doesn't even begin to tell the story about the trauma to the victims, or as we discovered, to our surprise, how much all the rest of us pay. $99.00, VHS, Running Time 35 minutes, released 2004 Non PayPal Option: Buy Now Impaired Driving: DWI Can Equal DOA We all know that driving after consuming alcohol is a recipe for disaster, yet many of us take the risk anyway. We know this, because 41 percent of all motor vehicle crashes are alcohol-related accidents. Nearly half of all traffic fatalities occur because someone was drinking and driving. Every half hour, someone dies in a crash in which alcohol was a factor; and every other minute, someone is injured in a collision that occurred because a driver drank before getting behind the wheel of a car or a truck. In America, about 18,000 people die each and every year because of drunk-driving accidents, and about 327,000 are injured. These victims are more than statistics; they are people with names and faces; they are people with families and friends. They are people just like you. $99, VHS or DVD, Running Time 20 minutes, grades 5-adult, 2004 Non PayPal Option: Buy Now Teens, Alcohol, & Club Drugs Everyone likes to have fun, but when drugs and alcohol become involved, having fun can become dangerous. Young people learn what alcohol is, what defines binge drinking, and what factors influence someone's blood alcohol concentration. They also find out about different club drugs such as Ecstasy, Roofies, and Speed, and what effects they have on the mind and body, and how to avoid their abuse. Grades 5 - adult VHS, Running Time 21 minutes, Released 2002 - $99 Non PayPal Option: Buy Now Drinking & Driving: A Dead End Designed to get into the "lifescape" of teens viewing the video, this powerful tool teaches teens the legal, physical and emotional ramifications of drinking and driving. Myths about drinking and driving are dissected and destroyed through a question and answer session between high school kids and police officers. Peer-driven with a close, personal look at drinking and driving, this video illustrates how drinking and driving effect a myriad of lives in our society. Emergency room doctors and nurses emphasize the inevitable dangers of blending alcohol with automobiles. Approximately 25 minutes. 2002 Columbus Film & Video Festival Honorable Mention. 2002 International CINDY Competition, Silver Award. 2003 WorldFest-Houston, Gold Award. 2003 Telly Awards, Bronze Award. 2003 Aurora Awards, Gold Award. VHS or DVD, Running Time 22 minutes Release Date: 3/13/2002 Director: Go Media Number of tapes: 1 VHS - $105: DVD - $115: Non PayPal Option: Buy Now Video Pages:   1   2   3   4   5   6 Previous More Videos Home > DUI Videos and DVDs DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us



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