Archive for the ‘DUI politics’ Category

False positives on Breathalyzers from dieting.

Friday, August 6th, 2010

Lawrence Taylor, in his excellent duiblog (duiblog.com), points out that “breathalyzers” do not measure alcohol: they actually measure the presence of a molecular group in chemical compounds. Ethyl alcohol (aka ethanol) contains the group, and so when the machine detects its presence (or, more accurately, infrared energy is absorbed by it), it simply assumes that the detected compound must be ethyl alcohol.

Problem: there are thousands of compounds containing the molecular group — of which well over one hundred have been found on the human breath.

Breathing gasoline or paint fumes, for example, or merely absorbing the fumes through the skin, can create false breath test results for days afterwards. And as Dean taylor has posted in the past, the problem is particularly acute when the suspect happens to be a diabetic, as diabetics often have high levels of acetone in their breath — a compound which contains the group in its molecular structure.

However, you do not need to be a diabetic to have high levels of acetone. Scientific research has established that acetone can exist in perfectly normal individuals at levels sufficient to cause false high breath-alcohol test readings.  See “Excretion of Low-Molecular Weight Volatile Substances in Human Breath: Focus on Endogenous Ethanol”, 9 Journal of Analytical Toxicology 246 (1985).

Fasting or radical dieting, such as with the Atkins diet, can also cause significantly elevated acetone. Studies have concluded that fasting, for example, can increase acetone in the body sufficient to obtain breathalyzer readings of .06%.  This is cumulative — that is, the .06% will be added by the machine to any levels actually caused by alcohol or other compounds.  Thus, a true breath alcohol of .03%, for example, would be reported by the machine as .09%. “The Likelihood of Acetone Interference in Breath Alcohol Measurement”, 3 Alcohol, Drugs and Driving 1 (1987).  And low-carbohydrate diets have long been associated with high levels of acetone production.

Of course, for many years law enforcement denied that any such problem existed.

How reliable are breathalyzers? Not very.

Archive for the ‘DUI politics’ Category

False positives on Breathalyzers from dieting.

Friday, August 6th, 2010

In what can only be called “guilty until proven innocent”, California defense attorney Jon W. Woolsey got a court order requiring the California Highway Patrol to turn over any templates or forms used by the officer who arrested his client for DUI.  The following is the template that was used:

FIELD SOBRIETY TESTS

All FST’s were explained and demonstrated.  I asked Name if he/she understood each test completely and he/she stated that he did.  All tests were performed on a Location dirt/asphalt Parking lot/Shoulder that was free of debris.  The weather was cool, clear/cloudy, and daylight/dark.

1)Horizontal Gaze Nystagamus:

Name eyes showed lack of smooth pursuit, distinct nystagmus at the extremes and an onset prior to 45 degrees.  Name’s eyes showed vertical gaze nystagmus.

2)One leg stand:Name lifted his/her right/left foot and dropped it immediately on the count of 1000.

3)Romberg:Name estimated 30 seconds in 0000 seconds.  Name body swayed in a circular motion 1 to 2 inches from center of mass.

4)Finger Count:I explained the test to Name

5)Preliminary Alcohol Screening Device:

I admonished Name regarding the Preliminary Alcohol Screening Device (PAS) and he/she agreed/refused to take the test.  I administered the PAS to Name at 0000 and 0000 hours with BAC results of .000% and .000%.

Other Factual Information:

All times are approximate and may vary from the times on the Preliminary Alcohol Screening Device, the breath test and times provided to me by dispatch.

First Observations:

On 0-00-07 I was on routine patrol in a fully marked CHP patrol vehicle, with my partner officer nnn.  I was traveling

Observations After Stop:I contacted the driver and advised him/her the reason for the stop.  As I spoke with the driver I smelled the strong odor of an alcoholic beverage emitting from his/her breath.  I noticed that the driver had red watery eyes, as well as slow and slurred speech.  I asked the driver for his/her driver’s license, which he/she provided me.  I identified the driver using his/her CaliforniaDriver’s License as John Doe 00-00-00. I asked the driver if he/she had anything to drink and he stated, “–.”  I asked the driver to exithis/her vehicle and meet me at the right front of my patrol vehicle.  I noticed that as the driver walked he had an unsteady gate.  As I spoke with the driver I noticed that he/she had an odor of an alcoholic beverage emitting from his/her breath and person.  I also noticed that the driver was unsteady on his/her feet swaying in a circular motion 1 to 2 inches from center of mass, he/she had slow slurred speech, and red and watery eyes.  I advised the driver that I smelled a strong odor of alcohol emitting from his/her breath and askedhim/her how much he/she had to drink and he/she stated, “—-.”  I explained and demonstrated several FST’s to Name, which he/shecould not complete as explained and demonstrated.  

Arrest: Based on my observations of Name’s driving, Name’s objective signs of alcohol intoxication, and his/her performance on the FST’s, I formed the opinion that Name was driving under the influence of an alcoholic beverage and unable to safely operate a motor vehicle.  I placed Name under arrest for 23152 (a) CVC at 0000 hours.  I advised Name of implied consent and he/she chose theblood/breath test.  I booked Name into the Sonoma County Jail.

Recommendations:

I recommend a copy of this report be forwarded to the Sonoma County District Attorney’s for review, and that Name be prosecuted for violation of 23152 (a) CVC driving under the influence of an alcoholic beverage, and _____

Basically, the report tells the officer what he should have seen — not what he actually saw.   And as any honest cop will tell you, drunk driving cases rarely follow such a neat, pre-described script.  But it is convenient.  And avoids messy complications – like the actual facts.

One size fits all.  Our Newport Beach DUI Lawyers have seen this, unfortunately, way too often.

Archive for the ‘DUI politics’ Category

False positives on Breathalyzers from dieting.

Friday, August 6th, 2010

NEWPORT BEACH – After arresting a woman for driving under the influence, a Newport Beach police officer cited a broken license plate light as justification for the traffic stop, but the patrol car video “clearly demonstrated” the light was working, meaning the motorist was “not lawfully arrested,” according to public documents.

Drunken-driving charges against Dana Point resident Patricia M. Power, 54, were dropped, and the Department of Motor Vehicles, in reinstating her driver’s license, found there was not “reasonable cause” for her arrest.

The city earlier this year agreed to pay $1,670 for her attorney’s fees and towing costs, according to documents released to The Orange County Register as part of a public-records request.

“I don’t think it’s right, what he did,” Power said of the traffic stop by officer Michael Moore.

City officials had no comment as of press time and had not replied to a request for a copy of the video recording. Power says she had just dropped off a friend in a popular nightlife area near John Wayne Airport on May 30, 2009, when the traffic stop took place.

In a police report, Moore wrote: “I observed the vehicle … did not have a functioning license plate light. … I activated my vehicle’s overhead red and blue lights … to conduct a traffic stop on the driver of the vehicle for the violation.”

“While speaking with (Power), I smelled a moderate odor of an alcohol beverage emitting from her breath and person. I also noticed her eyes were bloodshot,” wrote Moore, who was accompanied in the patrol car by Officer Paul Sarris.

A subsequent breath test detected a 0.12 percent blood-alcohol level, and Power was arrested and charged with DUI.

In October, however, DMV officials said the patrol car video “clearly demonstrated that the rear license plate light was lit and functioning well.”

Therefore, she “was not lawfully arrested for a violation of driving under the influence of alcohol,” the DMV report says.

Farrah Emami, spokesman for the Orange County district attorney, would provide only limited comment on the case, saying charges were dropped because prosecutors “could not prove the case beyond a reasonable doubt.”

In late March, the city agreed to cover Power’s attorney’s fees and towing costs. The payment was disclosed recently when the Register requested details on the city’s legal bills.

Of the arrest, Power says, “I’m embarrassed that it happened, especially at my age.”

As for why the stop happened to begin with, Power notes it was prom time and she was near several bars. “I think I was pulled over because I was in that area, and he was more or less cherry picking,” she said.

There is considerable nuance in the laws surrounding traffic stops – checkpoints are generally legal under federal law, for example, but probable cause is generally required before individual motorists can be pulled over.

Ronald D. Rotunda, a constitutional law professor at Chapman University, said police typically cannot stop individual motorists if there is no suggestion they have done something wrong.

“They’ve got to have a reason,” Rotunda said. “You can’t just stop people on the road.”

Archive for the ‘DUI politics’ Category

False positives on Breathalyzers from dieting.

Friday, August 6th, 2010

Roving DUI “Wolf Packs” coordinated by the Orange County Sheriff’s Office protected UCF students from drunk drivers over the weekend, and our Orange County DUI Lawyers have  learned more about the operation through a press release issued by the OC Sheriff’s Department.

A UCF police officer, who participated in the operation, arrested Garsuah Dekontee Reeves, 28, on charges of speeding 107 mph down University Blvd. while drunk. Records show another man was arrested for being nearly three times the legal limit.

“I can not express enough to the motoring public how dangerous drinking and driving are and how it would affect them,” OCSO Deputy Claude Leslie told KnightNews.com. “In the US last year over 14,000 people were killed by drunk and impaired drivers with additional hundred thousand injured or maimed.”

In 2008, at least 77 people died in alcohol-related crashes in Orange County. That’s the third-highest ranking in Florida. “So if you live or drive in Orange County your chances of running into a drunk/impaired driver are above average,” Leslie said.

During the weekend DUI sting operation, a total of 26 arrests were made, according to Leslie, who acted as the operations coordinator for the saturation and roving patrol consisting of 10 agencies and 60 police officers. The “Wolf Pack” approach uses roving patrols in the targeted area, instead of a single DUI checkpoint.

Of those arrested, 20 were for DUI arrests, and six other arrests were made on other charges, including possession of cannabis and driving with a suspended license.

It appears that none of the arrests were UCF students, Leslie said. Students on campus are applauding the operation.

KnightNews.com Facebook fan Mindy Degnon wrote on our Facebook wall, “Good they need to catch some drunk drivers who are stupid enough to drink and drive!!”

Elissa Hope, another Facebook fan, wrote: “I am happy that they are doing this good job!!”

UCF police hosted the sheriff’s office mobile blood alcohol testing center during the operation. Mothers Against Drunk Drivers were on hand as well.

MADD’s Kelli Davis believes the “Wolf Pack” approach works.

“They are effective,” Davis told KnightNews.com. “The strong presence of officers on the roads also helps deter driving while intoxicated.”

Leslie told KnightNews.com this won’t be the last time the UCF area should expect to see the “Wolf Pack” out, either.

“The bottom line is that law enforcement is very serious about apprehending and removing drunk/ impaired drivers from our roads and highways,” he said. “Our motto is, ‘If you drink that’s your business, if you drink and drive that’s our business and we are coming for you.’”

For the Orange County Sheriff’s Office, stopping drunk drivers hits close to home. Four OCSO deputies have been killed at the hands of drunk drivers within the last 15 years, Leslie said.

For UCF students, drunk driving should hit close to home, too. Several students have died in alcohol-related crashes over the past few years.

Leslie wanted to remind students that it’s everybody’s responsibility not to drink and drive and to help law enforcement to apprehend drunk and impaired drivers.

“After all, your life or that of someone you love is at stake,” he said.

Archive for the ‘DUI politics’ Category

False positives on Breathalyzers from dieting.

Friday, August 6th, 2010

The Memorial Day Weekend “Avoid the 38” – DUI Campaign concluded this past weekend with the deployment in Orange County of two Sobriety Checkpoints along with DUI Saturation Patrols focusing special attention towards drivers.  Our Newport Beach DUI Lawyers warned you about these DUI Checkpoint Locations in Orange County at the start of the Memorial Day holiday weekend.

From 12:01 AM Friday, May 28, 2010 through Midnight Monday, June 1, 2010 officers representing the “Avoid the 38” Task Force arrested 142 individuals for driving under the influence of alcohol or drugs in the State of California.   There were no DUI deaths reported during this time period.

(**NOTE: These numbers are only provisional with some agencies yet to report**)

Law enforcement officials will be conducting more “Avoid” anti-DUI efforts throughout the county and region during the July 4^th weekend and the 18 day campaign in August ending Labor Day weekend.

You can visit the AVOID website at www.californiaavoid.org for more information about anti DUI efforts in Orange County, or around the state.

Archive for the ‘DUI politics’ Category

False positives on Breathalyzers from dieting.

Friday, August 6th, 2010

LAGUNA BEACH – Four people were arrested on suspicion of drunken driving during Saturday’s checkpoint on Pacific Coast Highway, our Newport Beach DUI Lawyers learned.

Almost 2,000 vehicles passed the checkpoint between 9 p.m. and 2 a.m., and police stopped 705 drivers. The location on the 3100 block of South Coast Highway targeted traffic heading away from the city, according to a Laguna Beach Police release. The Buena Park Police Department assisted Laguna Beach police on the checkpoint, the second of four planned for this year.

Officers gave drivers pamphlets about the dangers of drinking and driving and also checked for valid driver’s licenses. Three drivers were found to be driving without a license, and another three drove on a suspended license.

Patrol officers in other parts of the city arrested two more people on suspicion of drunken driving.

Archive for the ‘DUI politics’ Category

False positives on Breathalyzers from dieting.

Friday, August 6th, 2010

http://nakedlaw.avvo.com/2010/04/10-hilarious-celebrity-dui-mugshots/

1. Nick Nolte—There’s just no way you can have this list without putting Nolte at the #1 spot. Greatest. Mugshot. Ever.

2. Lindsay Lohan—After her ridiculous lawsuit against E-Trade, I’m afraid to say anything bad about this young actress. Good thing the picture speaks for itself.

3. Paris Hilton—On this “night in Paris,” the hotel heiress and notorious party girl was charged with a DUI after some erratic driving and a failed field sobriety test.

4. Mike Tyson—The Baddest Man on the Planet was hit with a DUI after running a stop sign and nearly hitting a sheriff’s car.

5. Haley Joel Osment—He seems genuinely happy to be getting arrested for a DUI. Of course, he was also found with some marijuana, so maybe that’s what had him in such a great mood.

6. Rip Torn—In 2006, Rip Torn, who was 75 years old at the time, got ripped and decided to drive. The result was one of the most classic mugshots of the decade.

7. Kim Mattingly—Okay, so this was for public intoxication and not a DUI, but it’s far too great to be left off this list. By the way, Kim Mattingly is ex-Yankees star Don Mattingly’s wife.

8. Natasha Lyonne—Any time you have to tell the officer you’re a “movie star”, you can bet he doesn’t know or care who you are.

9. Cynthia Watros—At last count, 4 actors from Lost had gotten DUIs. But Watros clearly provided the best mugshot of the group.

10. Mel Gibson—Can you believe it’s been almost 4 years since Gibson went on his anti-Semitic tirade after getting arrested in Malibu for drunk driving? Nothing like the good ol’ days.

Which one is your favorite mugshot? Can anyone really top Nick Nolte?

Archive for the ‘DUI politics’ Category

False positives on Breathalyzers from dieting.

Friday, August 6th, 2010

Monday, April 12, 2010 | As Orange County DUI Lawyers, we get asked all the time about how effective DUI checkpoints are.  The answer is: Not Very.  For all of the effort expended by police departments on DUI checkpoints, they’re not the best way to catch drunks behind the wheel.

In 2008, just more than 5,000 drunk drivers were nabbed at 1,740 checkpoints statewide. That number represents about 2.3 percent of all California drunk driving arrests in 2008, according to statistics compiled by the state’s Office of Traffic Safety.

Meanwhile, nearly 215,000 DUI arrests were made by regular police and California Highway Patrol officers on their daily patrols, the Department of Motor Vehicles reported.

But despite these statistics, the checkpoints are here to stay. While they may not be good at catching drunk drivers, they have proven quite effective in capturing something else very important to local police agencies: federal dollars.

Roughly $14 million in federal grant money was spent statewide in 2008 on checkpoints. Orange County law enforcement agencies will receive at least $2.5 million in federal grants this fiscal year for checkpoints.

Grants cover virtually all costs for the checkpoints including overtime for officers so inspections don’t interfere with regular police work.

“If you see a check point, the chances are extremely good that that’s grant funded,” said Chris Cochran, spokesman for the California Office of Traffic Safety which administers federal safe driving grants.

Federal grants for checkpoints jumped nationally in fiscal 2006 from $40 million the previous year to $120 million. For fiscal 2009, grant funding was $139 million, according to the National Highway Traffic Safety Administration.

Both Cochran and Mothers Against Drunk Driving Orange County Interim Director Mary Beth Griffith say there is clear evidence that checkpoints are a deterrent.

They point to the fact that drunk driving fatalities have decreased in recent years and say the drop is at least partly attributable to checkpoints being an effective way to educate the public about drunk driving.

Cochran cited the Office of Traffic Safety’s 2009 performance report which said alcohol-related deaths from driving accidents dropped 9.1 percent from 2007 to 2008 and, since 2005, fatalities have gone down “a staggering 20.1 percent.”

And MADD’s Griffith noted a U.S. Transportation Department report in March that said preliminary statistics show national traffic fatalities in 2009 were at their lowest level since 1954. And the rate has been steadily going down for more than three years.

Griffith said she would “like to believe it’s because more people are being arrested before they could cause a crash.”

However, when the government released the 2009 fatality numbers last month, one of the nations top auto safety watchdogs attributed the drop in fatalities primarily to the Great Recession.

“It’s a consistent pattern that the silver lining in any recession is a dip – and sometimes a significant dip – in highway deaths,” Russ Rader, spokesman for the Insurance Institute for Highway Safety, told the Baltimore Sun.

The government report, according to the Sun’s reporting, shows a downward trend in fatalities that increased as the national economy went into recession and Americans began driving fewer miles. The number of deaths on the nation’s roads prior to 2008 routinely surpassed 40,000.

Nonetheless, Cochran insists that “checkpoints are the best deterrent for DUI (driving under the influence) fatalities.”

One reason for their success, he said, is that they reach both drinkers and non-drinkers, helping educate both groups about the dangers of drinking and driving and, hopefully, inspiring non-drinking family and friends to get behind the wheel when they’re with someone who has been drinking.

“One. Two. Three. Four. Five. Stop!” Shouts a voice from the dark as officers begin their inspection at a recent checkpoint in Fullerton.

The police check for a valid driver’s license and then chat with (and sniff) drivers to see if they seem impaired by alcohol or drugs. Officers also give each driver they stop anti-drinking and driving literature from MADD.

But a recent investigation by the investigative news website California Watch revealed that police agencies do more than just sniff for booze and hand out pamphlets at checkpoints.

They also impounded the cars of unlicensed drivers whether they’ve been drinking or not. And the agencies make big money doing it, according to California Watch’s reporting. The website also found that minority motorists — and often illegal immigrants — were often the most likely to have their cars impounded.

Even with such revelations, Cochran said federal dollars for the checkpoints will keep coming. “It’s a trend more than a spike,” he said.

Archive for the ‘DUI politics’ Category

False positives on Breathalyzers from dieting.

Friday, August 6th, 2010

Los Angeles DUI Sobriety Checkpoint

When: Saturday, April 10, 2010 6:00 p.m. to 1:00 a.m.

Where: Western Avenue between 59th Street and Slauson Avenue In LAPD’s 77th Division

Who:LAPD’s Crime Task Force/Driving Under the Influence (DUI) Enforcement Detail South Traffic Division

Why: DUI Checkpoints are a source of cash from the State and Federal Government funds available for checkpoints, and significantly, from the impound fees from DUI and unlicensed drivers.  They are not as effective as roving patrols in catching drunk drivers.

Contact: For more information, please call Sergeant Egan, South Traffic Division at 213-485-7336, between the hours of 5:00 p.m. to 3:00 a.m.

Funding for this checkpoint comes from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

Archive for the ‘DUI politics’ Category

False positives on Breathalyzers from dieting.

Friday, August 6th, 2010

As Orange County DUI Lawyers, we get lots of press releases, and this one I was tempted to write off as an April Fool’s Joke.  Federal funds to the police department for snarling up traffic with a fake DUI accident?  Here’s the release sent to us:

On Thursday April 1 and Friday April 2, 2010, the Fountain Valley Police Department and Fountain Valley High School will present the “Every Fifteen Minutes” program to the junior and senior classes. This two-day program focuses on personal safety, drinking and driving and the potential consequences of poor decision-making. The program name was derived from statistics which show that approximately every 15 minutes someone in the United States dies or is seriously injured in an alcohol related traffic accident. The goal of the program is to reduce alcohol related traffic collisions in our community. The “Every 15 Minutes” program is presented prior to spring break, prom and graduation ceremonies, which makes it a timely event.

On Thursday, April 1st at 10:15 a.m., a fatal alcohol related traffic accident will be re-enacted. This will take place at Bushard and El Camino streets in front of Fountain Valley High School. The Fountain Valley Police and Fire Departments, Orange County Coroner’s office, C.A.R.E. Ambulance and other agencies will participate in the re-enactment. The injured parties will be transported to a local hospital and the fatality will be transported to the Coroner’s Office. The person responsible for the accident will be arrested and booked at the Fountain Valley Police Department.

Prior to the traffic accident re-enactment, 27 students will be removed from classes by the Grim Reaper at 15-minute intervals. The Grim Reaper will appear in classrooms around the campus and a Police Officer and a Police Chaplain will read the mock obituaries for the ‘living dead’. As this occurs on campus Police Officers and a Police Chaplain will deliver death notifications to the parents of the victims. Although the parents know that this is a staged event the emotional impact of the notifications has proved to be overwhelming to those involved.

On Friday, April 2nd at 9:15 a.m. a school assembly will take place. The entire junior and senior class will be involved. Gary Zelesky, a nationally known motivational speaker will address the students. Police Chief Paul A. Sorrell will also be present. There will be a video presentation of the events surrounding the traffic accident from the day prior. The ‘living dead’, as the accident victims are referred to, will be reunited with their families and several of them will speak at the assembly. This has proven to be another very emotionally charged part of the program.

Due to street closures in the area of this event it is recommended that the press arrive 30 minutes prior to the beginning of the program.

Sergeant Eric Orahood

(714) 593-4472

*Funding for this program was provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration