Miami DUI Court Richard

Drunk Driving Deterrence Becomes

FOXNews.com - Views News - Straight Talk - When Drunk Driving Deterrence Becomes Neo-Prohibition SEARCH E-MAIL STORY PRINTER FRIENDLY FOXFAN CENTRAL When Drunk Driving Deterrence Becomes Neo-Prohibition Thursday, October 06, 2005 By Radley Balko ARCHIVE This fall Mothers Against Drunk Driving marks its 25th anniversary. The organization certainly has much to celebrate: Deaths from drunk driving are down more than 35 percent since the early 1980s. We no longer chuckle at the bumbling drunk who can barely get his key into the ignition — we scorn him. Hopefully, we arrest him, too. Unfortunately, MADD has come to outlive and outgrow its original mission. By the mid-1990s, deaths from drunk driving began to level off, after 15 years of progress. The sensible conclusion to draw from this was that the occasional drunk driver had all but been eradicated. MADD's successes had boiled the problem down to a small group of hard-core alcoholics. It was at about this time that MADD began to move in a different direction, one not so much aimed at reducing drunk driving fatalities but at stripping DWI defendants of basic criminal rights. MADD also seemed to expand its mission to one of discouraging the consumption of alcohol in general — what critics call "neo-prohibition." MADD's biggest victory on this front was a nationwide blood-alcohol threshold of .08, down from .10. But when two-thirds of alcohol-related traffic fatalities involve blood-alcohol levels of .14 and above, and the average fatal accident occurs at .17, this move doesn't make much sense. It's like lowering the speed limit from 65 to 60 to catch people who drive 100 miles per hour. In fact, the U.S. Government Accountability Office reviewed all the statistical data and concluded "the evidence does not conclusively establish that .08 BAC laws by themselves result in reductions in the number and severity of crashes involving alcohol." (Story continues below) ADVERTISEMENTS Advertise Here Indeed, many critics of the .08 policy predicted that the new law could make matters worse by using up scarce law enforcement resources to go after these new "drunk" drivers who don't pose much of a threat to highway safety. This is primarily done through the use of highly-publicized roadblock sobriety checkpoints, in which 12 to 20 police officers stop every passing car to make sure the driver hasn't been drinking. The Supreme Court gave its OK to the road blocks in 1992, despite conceding that they may violate the Fourth Amendment. Former Chief Justice William Rehnquist wrote that the threat to public health posed by drunk drivers was reason enough to set aside concerns about searches without probable cause. Given that they're usually publicized, the primary effect of these roadblocks is to deter social drinkers. The hard-drinkers, the real threats to highway safety, know to avoid them. Sure enough, after former President Clinton signed .08 into law in 2000, drunk driving fatalities began to inch upward again — after two decades of decline — suggesting that the real drunk drivers were successfully avoiding the roadblocks. Thankfully, fatalities fell again last year, but that hardly proves MADD correct — deaths continued to go up in those states that employ sobriety roadblocks. The corresponding fall in fatalities in states that refuse to use the roadblocks more than made up the difference, suggesting that, freed from roadblock duty, law enforcement was able to work more effectively to catch drunk drivers. Many local police departments have noted the inefficiency of roadblocks and given up the practice, despite the prodding from MADD and the federal funding that comes with them. Of course, many states and municipalities still use roadblocks. But they use them under the guise of looking for drunk drivers, then ticket motorists for a variety of infractions, only a small percentage of which involve driving while intoxicated. In other words, they've become revenue generators. A newspaper account of one recent North Carolina checkpoint, for example, found officers ticketing motorists for more than 45 infractions. Only three involved driving under the influence. That's actually high. Nationwide, less than .02 percent of motorists stopped at road blocks are arrested for DWI. MADD has also worked to undermine the criminal protections of accused drunk drivers — protections routinely granted to accused murderers, rapists and other felony crimes. MADD, for example, has pushed to impose tougher penalties on motorists who refuse to take roadside breath tests than on those who take them and fail — effectively turning the Fifth Amendment on its ear. The organization also favors "administrative license revocation," which means the revocation of the driver's licenses and, in some cases, the confiscation of the vehicles, of those accused of drunken driving before they're ever given a trial. The organization is also pushing the widespread use of ignition interlock devices, in which a driver must blow into a tube to start his car, then blow again every 20 minutes or so while driving. Washington state recently passed a law allowing judges to mandate the devices in the cars of people merely accused of drunk driving, not convicted. And the states of New Mexico and New York have both considered legislation that would require the devices in every car sold in-state. The New Mexico bill is stalled in the state senate after being passed by the house. The New York bill was initially killed, but it gains more votes each time its determined sponsors reintroduce it. MADD is also pushing its agenda onto family laws, including a zero tolerance policy for divorced parents. Under the bills MADD is trying to push through state legislatures, a parent caught consuming one beer or glass of wine before driving could face penalties that, according to MADD , "should include, but are not limited to" — "incarceration," "change of primary custody," or "termination of parental rights." This means that if you take your kid to the game, have a beer in the third inning, then drive home, you could very well lose your rights as a father. Even MADD's founder, Candy Lightner, has lamented that the organization has grown neo-prohibitionist in nature. "[MADD has] become far more neo-prohibitionist than I had ever wanted or envisioned ...," Lightner is quoted as saying in an Aug. 6 story in the Washington Times. "I didn't start MADD to deal with alcohol. I started MADD to deal with the issue of drunk driving," she said. Unfortunately, the tax-exempt organization has become so enmeshed with government it has nearly become a formal government agency. MADD gets millions of dollars in federal and state funding, and has a quasi-official relationship with the National Highway Traffic Safety Administration. In some jurisdictions, DWI defendants are sentenced to attend and pay for alcoholic-recovery groups sponsored by MADD. In many cities, MADD officials are even allowed to man sobriety checkpoints alongside police. On the occasion of its 25th anniversary, perhaps its time Congress revisit the spigot of federal funding flowing to MADD, and consider revoking the organization's tax-exempt status. Clearly, MADD isn't the same organization it was 25 years ago. It has morphed into an anti-alcohol lobbying organization. There's nothing wrong with that — it's certainly within MADD's and its supporters' First Amendment rights. But taxpayers shouldn't be forced to subsidize them. Radley Balko maintains the The Agitator weblog. Respond to the Writer E-MAIL STORY PRINTER FRIENDLY FOXFAN CENTRAL SEARCH ADVERTISEMENT

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Field Sobriety Testing THE

Field Sobriety Testing - Law Firm Peter J. Peaquin Attorneys Seattle, Washington 720 3rd Avenue Suite 2015 Seattle, Washington 98104 phone: 206-633-3000 fax: 206-467-3152 click here to email us Field Sobriety Testing THE ROADSIDE TESTS ARE VOLUNTARY AND SHOULD BE REFUSED Want to help the police officer build a DUI case against you? If so, take their tests in ignorance. Want the real truth? Then protect yourself and read on. "Field sobriety testing" (or FSTs) as practiced on the city streets and highways of Washington State is not an effective indication of a persons level of intoxication. There are no conclusive studies linking the results of any field test to legal intoxication. The best studies show less than an 80% rate of accuracy. Only three of the tests available to officers have been given any shroud of "scientific" legitimacy by the National Highway Traffic Safety Administration (NHTSA). These tests are: The Horizontal Gaze Nystagmus Test The Walk and Turn Test The One Leg Stand Test All other tests are not validated in any official way. In fact, many of the tests involve closing your eyes and balancing. Without a visual frame of reference, no "balance" test can honestly claim to measure sobriety or intoxication. Therefore, tests such as the Finger to Nose Test, and the Rhomberg Balance Test should be avoided. Other tests, such as counting or saying the ABCs backwards, counting ones fingers, or playing "pattycake" have no correlation whatsoever to ones ability to operate a motor vehicle safely. Officers regularly testify that FSTs are gauged to measure "divided attention." For instance, when you drive, you must divide your attention between several tasks, such as steering, breaking, navigating and signaling. The theory is that alcohol impair one's ability to divide attention. You have the absolute right to refuse to submit to field sobriety testing. If you decide to take the tests, the officer cast his/her own interpretation of your performance on your case. Keep in mind that the officer is already investigating you for DUI, and in all likelihood will arrest you even if you take the FSTs. THE DRAWBACKS OF REFUSING THE TESTS: Contrary to common misunderstanding, refusing the submit to field testing will not result in the suspension of your driving privileges (unless you are on probation and/or have another case pending in which a Judge has ordered you not to refuse to take the tests). The biggest drawback of refusing these tests is that the prosecutor will argue that you refused out of a "consciousness of guilt." The prosecutor will try to make the Jury believe that you didn't take the tests because you knew you were drunk and would fail them. The other major drawback is that the officer will probably arrest you right away. Usually, this just speeds up the inevitable. The officer might also threaten that if you don't take the tests, you will be booked into jail. If threatened, generally it is okay to do them, just let the officer know that you are cooperating out of respect for him/her and politeness, and that you are doing so under protest. That way, your DUI attorney can later make a motion to suppress the tests because they lacked your voluntary consent. CONCLUSION: As a general rule subject to very few exceptions, I recommend that you politely refuse to take the tests. If you have been accused of Driving Under the Influence, DUI, in Western Washington, including King County and the Cities of Seattle, WA, and Bellevue, Snohomish County and the City of Everett, and Pierce County and the City of Tacoma, please contact us today for a free consultation . Disclaimer: The information contained in these pages is to educate; therefore, nothing in these pages should be relied on as legal advice. Consult a qualified DUI defense attorney. Additional disclaimer information. Home | Firm Overview | Client Comments | FAQs | Practice Areas | Contact Us | Free Consultation 30-day Deadline | Preserve Your Rights | License Hearing | DUI Penalties | DUI Law | DUI Court Process | 10 Tips Newsletter | Latest Legal News | Directions | Disclaimer | Site Map

DUI Defense Specialists Braden

Looking for an Irvine, California DUI Lawyer? Looking for an Irvine, California DUI Lawyer? Been arrested for DUI in Irvine, California? Find the best attorney to representyou here. * This site is not affiliated with any lawyer or law firm. All information is provided for reference purposes only. Please consult a qualified attorney before taking any legal action. DUI.com - A state- by-state listing of everything you need to know about drinking, driving and drugs California DUI Field Sobriety Tests and Breath Alcohol Tests California DUI / DWI Information 10Tips on Hiring a California DUI Lawyer Over the Phone Irvine, California (CA) DUI Lawyer Links Lawyers: Put Your Text Link Here! Put a link on this page for less than you might think. Send an email to duilawyerresource@badjocks.com for details. 1800DUILAWS 1800DUILAWS is a national directory of qualified DUI / DWI lawyers. Find a DUI / DWI specialist in your area with a proven track record of fighting and winning drunk driving cases. Irvine DUI Defense Specialists Braden & Tucci law firm is dedicated to defending and protecting people accused of DUI both in court and at DMV. 24 hour assistance available. Contact us for a free initial consultation. Braden & Tucci DUI Lawyer If youve been arrested for a DUI in Southern California and are looking for a focused DUI lawyer call us today. Orange County Lawyer Referral Service California Bar Certified lawyer referral service will help you find experienced attorneys and law firms in Orange County. Learn about lawyers' records, ratings, and verdicts. Irvine DUI Lawyer We have over 30 years in experience helping our clients win their DUI cases. Local attorney's offices near you, contact us for free case evaluation. CA Narcotic and Drug Cases DUI or drug possession? Need help? Free consultation for advise or representation. I rvine Dui Lawyers Attorneyfind Directory of Irvine DUI Lawyers, with links to their e-mail and websites, for your Free Viewing. Criminal Lawyers - Irvine Learn about DUI law and your legal rights from criminal law lawyers in Irvine. Information on blood alcohol limits, types of punishments and more. CriminalLawLawyerShop.com. Clear Your DUI Record With 8 Simple Steps - New DUI research explains how anyone can successfully clear their DUIrecords and pass background checks. If you are truly looking to put yourmistakes behind you and you really want help, this is the site for you. All that you need to do is read every single word on this website and reallybelieve in yourself and what you can accomplish with the right attitude. For free information, click here. Clear Your DUI Record With 8 Simple Steps - New DUI research explains how ANYONE can successfully clear their DUIrecords and pass background checks. If you are truly looking to put yourmistakes behind you and you really want help, this is the site for you. All that you need to do is read every single word on this website and reallybelieve in yourself and what you can accomplish with the right attitude. For free information, click here.

Field Sobriety Testing Standards

SFST'S, Field Sobriety Tests, FST's, Standardized Field Sobriety Tests DUI Defense DMV Hearings Field Sobriety Testing Walk & Turn Test One Leg Stand Test Horizontal Gaze Nystagmus Florida SFST Study Mature Driver Standardized Field Sobriety Testing Standards for the Standardized Field Sobriety Testing (SFST) Program Psychophysical tests should require evaluation of the subject's appearance and condition, ability to follow instructions, as well as balance and coordination. These types of tests are called Divided Attention Tests. They require the subject to concentrate on more than one thing at a time. They divide the subject's attention between mental and physical tasks. Studies have shown that a person who is under the influence of an alcoholic beverage may be able to perform one of these tasks but rarely both. If under the influence of an alcoholic beverage, people are likely to make certain predictable errors while attempting these tasks. Since the mid 1970's, the National Highway Traffic Safety Administration (NHTSA), with the cooperation and assistance of the law enforcement community, has conducted research that resulted in the development of a battery of three standardized field sobriety tests (Horizontal Gaze Nystagmus, Walk and Turn and the One Leg Stand) to assist police officers in detecting impaired drivers. The program, which was previously termed the Improved Sobriety Testing, was validated in laboratory and field studies conducted by the Southern California Research Institute . These tests were initially developed by the Los Angeles Police Department Training in how to conduct the tests is included in the NHTSA course "DWI Detection and Standardized Field Sobriety Testing." In 1986, the Advisory Committee on Highway Safety of the International Association of Chiefs of Police (IACP) passed a resolution which recommended that law enforcement agencies adopt and implement the field sobriety testing program developed by NHTSA. As the program has grown, it has become apparent that in order to insure continued success, nationally accepted standards must be established. These standards which establish criteria for the selection and training of SFST practitioners would help insure the continued high level of success of the SFST program. In 1992, the IACP Highway Safety Committee recommended the development of this system of nationally accepted standards. In April of 1992, the IACP and NHTSA sponsored a meeting at the headquarters of IACP in Arlington,Virginia. Persons invited to this meeting included SFST instructors from several states, curriculum specialists and training administrators. The participants met in working groups to reach a consensus concerning the many issues relating to the SFST program and to develop recommended minimum standards to the IACP Advisory Committee on Highway Safety. The standards were drafted and presented to the committee for their review at the mid-year meeting in June 1992. The Advisory Committee on Highway Safety by resolution adopted the National Standards for the SFST Program. (The Standards were subsequently approved by voting membership of the IACP). In order to maintain credibility and integrity of the program, agencies that use a training program other than that is currently approved by the IACP must have the alternative curriculum approved by the IACP Advisory Committee on Highway Safety as meeting the required learning objectives. This is supported by the National Highway Traffic Safety Administration. Presently, SFST Training must be 16 hours in length and include at least two controlled drinking sessions utilizing volunteer drinkers. This is accordance with section 1.2 of the Standards For Training In Standardized Field Sobriety Testing. In section 1.4 in order to satisfactorily complete the classroom portion of the training, SFST candidates must complete the IACP-approved final examination with a score of not less than eighty percent. Candidates scoring less than 80% on the final may be retested one time under the supervision of a SFST instructor. The retest shall be completed not less than 15 nor more than 30 days following the completion of the classroom training. The examination used shall not have been administered to the candidate previously. If the candidate does not achieve a passing score on reexamination, the candidate must retake the classroom portion of the training and pass the final examination. In section III it is recommended that each agency develop refresher or in service training, as needed, to ensure that SFST trained personnel maintain their proficiency in the administration of their total DUI/DWI enforcement program. The U.S. D.O.T. requires 35 practice tests within a six month period. A refusal can not be considered a practice test as the evaluation of the suspect must be corroborated by a blood alcohol reading. The officer is trained to conduct the HGN test last during his practice test period and not to formulate an opinion based on the results or use it for probable cause to arrest. They are told not to document the test due to this. At no time may a person that is tested be used more than once on a practice test. As a result of this it is necessary to review the documentation of the practice tests in order to determine if the practitioner was properly recommended for certification. Generally there are three "tests" which are administered on scene. These tests are: Walk and Turn One Leg Stand Horizontal Gaze Nystagmus Some Field Sobrierty Test Articles, Studies and Research 1. Marcelline Burns & Herbert Moskowitz, Psychophysiological Tests for DWI Arrest , Final Report, DOT-HS-802-424 (1977). V. Tharp et al ., Development and Field Test of Psychophysiological Tests for DWI Arrest , Final Report, DOT-HS-805-864 (1981). 2. V. Tharp et al ., supra. Theodore E. Anderson et al ., Field Evaluation of a Behavioral Test Battery for DWI , DOT-HS-806-475 (1983). 3. William A. Pangman, Horizontal Gaze Nystagmus: Voodoo Science , 2 DWI J. Law & Sci. 1 (1987). G. Simpson, Attacking NHTSA’s Three-Test Field Sobriety Assessment , 3 DWI J. Law & Sci., 97. Jonathon D. Cowen & Susannah G. Jaffee, Field Sobriety Tests: The Flimsy Scientific Underpinnings, 5 DWI J. Law & Sci. 121 (1990). Mark Rouleau, Unreliability of the Horizontal Gaze Nystagmus Test , 4 Am. Jur. POF 3d 439 (1990). Jonathon D. Cowan & Susannah G. Jaffe, Proof and Disproof of Alcohol-Induced Impairment Though Evidence of Observable Intoxication and Coordination Testing , 9 Am. Jur., POF 3d, 459 (1990). Ronnie M. Cole & Spurgeon N. Cole, New Proof That Field Sobriety Tests Are ‘Failure-Designed ,’ 6 DWI J.: Law & Sci. 1 (1991). Spurgeon Cole & Ronald H. Nowaczyk, Field Sobriety Tests: Are They Designed for Failure? 79 Percep. & Motor Skills, 99 (1994). Randy T. Leavitt, Horizontal Gaze Nystagmus , 22 Voice for the Defense 17 (1994). Ronald H. Nowaczyk & Spurgeon Cole , Separating Myth From Fact: A Review of Research on the Field Sobriety Tests, The Champion (Aug. 1995) 40. Charles R. Honts & Susan L. Amato-Henderson, Horizontal Gaze Nystagmus Test: The State of the Science in 1995 , 71 N. Dak. L. Rev. 671 (1995). Joseph R. Meaney, Horizontal Gaze Nystagmus: A Closer Look , 36 Jurimetrics J. 383 (1996). 4. Marcelline Burns, First Annual DWI Training Seminar, Houston (2000). 5. V. Tharp et al ., supra . 6. Jack Stuster & Marcelline Burns, Validation of the Standardized Field Sobriety Test Battery at BACs Below .10 Percent, DOT-HS-808-839 6 (1998). 7. Marcelline Burns & Ellen W. Anderson, Field Evaluation Study of the Standardized Field Sobriety Test (SFST) Battery (Final Report Submitted to the Colorado DOT, November, 1995). 8. Marcelline Burns & Teresa Dioquino, A Florida Validation Study of the Standardized Field Sobriety Test (SFST) Battery , (1997). 9. Jack Stuster & Marcelline Burns, supra at 8. 10. Marcelline Burns & Ellen W. Anderson, supra . Marcelline Burns & Teresa Dioquino, supra . Jack Stuster & Marcelline Burns, supra . 11. National Highway Traffic Safety Adm., U.S. Dept. of Transp., HS 178 R2/00, DWI Detection and Standardized Field Sobriety Testing, Student Manual (2000). 12. Gregory W. Good & Carol R. Augsburger, Use of Horizontal Gaze Nystagmus as a Part of Roadside Field Sobriety Testing , 63 Amer. J. Optometry & Physiological Optics, 467 (1986). 13. See Louis M. Hsu, Diagnostic Validity Statistics and the MCMI-III , 14 Psych. Assess. 410, 410-411 (2002). 14. A. James McKnight et al, Development of a Standardized Boating Sobriety Test , 31 Accid. Anal. & Prev. 147 (1999). 15. A. James McKnight et al ., Sobriety Tests for Low Alcohol Blood Concentrations , 34 Accid. Anal. & Prev. 305 (2002). 16. A. James McKnight et al. , Development of a Standardized Boating Sobriety Test , 31 Accid. Anal. & Prev. 147, 152 (1999). 17. A. James McKnight et al ., Sobriety Tests for Low Alcohol Blood Concentrations , 34 Accid. Anal. & Prev. 305 (2002) 18. Thomas D. Cook & Donald T. Campbell, Quasi-Experimentation: Design & Analysis Issues for Field Settings 2–9 (1979). 19. Id., Donald T. Campbell & Julian C. Stanley, Experimental and Quasi-Experimental Designs for Research (1962). 20. See also Phillip E. Price & Spurgeon Cole, NHTSA Field Sobriety Tests: Validation and Invalidation , The Champion (Apr. 2001). 21. Marcelline Burns & Ellen W. Anderson, supra at 17. 22. See also J.L. Booker, End-Position Nystagmus as an Indictor of Ethanol Intoxication , 41 Sci. & Justice 113 (2001). 23. United States v. Horn, 185 F.Supp.2d 530, 558 (D.Md. 2002). 24. Marcelline Burns & Teresa Dioquino, supra, at 31. 25. Jack E. Richman & John Jakobowski, The Competency and Accuracy of Policy Academy Recruits in the Use of the Horizontal Gaze Nystagmus Test for Detecting Alcohol Impairment , 47 New Eng. J Optom. 5 (1994). 26. National Highway Traffic Safety Adm., U.S. Dept. of Transp., HS 178 R2/00, DWI Detection and Standardized Field Sobriety Testing, Student Manual (2000) at VIII-8, VIII-12, VIII-14. 27. Elazar J. Pedhazur, Multiple Regression in Behavioral Research 147-150 (2nd ed. 1982). Jum C. Nunnally & Ira H. Bernstein, Psychometric Theory 333 (3rd ed.1994). 28. Marcelline Burns & Herbert Moskowitz, Psychophysiological Tests for DWI Arrest , Final Report, DOT-HS-802-424 (1977). V. Tharp et al., supra . A. James McKnight et al ., Development of a Standardized Boating Sobriety Test , 31 Accident Analysis and Prevention 147 (1999). A. James McKnight et al., Sobriety Tests for Low Alcohol Blood Concentrations , 34 Accid. Anal. & Prev. 305 (2002). See also Antti Penttila & Martti Tenju, Clinical Examination as Medicolegal Proof of Alcohol Intoxication , 16 Med. Sci. law (1976) 95. Robert S. Kennedy et al., Indexing Cognitive Tests to Alcohol Dosage and Comparison to Standardized Field Sobriety Tests , 55 J. of Studies on Alcohol 615 (1994). 29. V. Tharp et al ., supra, at 30, 31. 30. Id. 30. 31. Id . 16. 32. Joseph Citron, MD, HGN: How to be Your Own Expert Witness (2002) (unpublished manuscript, http: //www.ncdd.com/ dsp_bookstore.cfm). 33. V. Tharp et al ., supra at 7. 34. New Hampshire v. Dahood, #96-JT-707 (Concorde District Court, April 2002) at 11. (New Hampshire Supreme Court remanded the case to the Concord District Court to hold an evidentiary hearing and rule whether the HGN test incorporates scientific principles. If so, the court was to make findings as to the reliability of the test under New Hampshire Rule of Evidence 702). 35. J.L. Booker, supra . 36. Schultz v. State, 106 Md.App. 145, 664 A.2d 60 (1995). 37.Daubert v. Merrell Dow Pharma- ceuticals, 113 S.Ct . 2786 (1993). 38. United States v. Horn , 185 F.Supp.2d at 557. 39. New Hampshire v. Dahood , supra. 40. New Hampshire v. Dahood, (No. 99-510, December 20, 2002). 41. American Education Research Association, The American Psychological Association, and National Council on Measurement in Education, Standards for Education and Psychological Testing (1999).n DUI Lawyer Front Page > DUI Defense > Field Sobriety Tests Firm Profile | DUI Defense | Drunk Driving Laws | DUI Lawyer | CA DUI Research | Contact Info | Site Map © 2005 Braden & Tucci All rights reserved Legal Disclaimer 82 Discovery - Irvine - California 92618 Telephone: (949) 872-2700 Facsimile: (949) 872-2708