The first thing to know in beating a DUI is how a prosecution attorney will try to get a DUI conviction. There are two ways he will try to prove DUI. One way is to attack the driver’s mental and physical condition by presenting evidence that shows the driver was impaired because of alcohol consumption. The other way is by concentrating on the driver’s blood-alcohol content and not focusing on the driver’s physical or mental condition. Or, the prosecutor may use both ways in the same case.

The article notes that a skilled DUI lawyer will address both methods by countering the evidence - attacking the blood test (Did too much time elapse between driving and testing causing the blood to ferment? Was the test conducted properly?) and attacking the physical impairment question (Was physical impairment the result of alcohol, or was it some other factor such as injury or fatigue? Was the roadside test conducted fairly, did it properly address impairment?) to introduce doubt into both avenues the prosecution needs for a confiction.

Massey was charged with aggravated assault, a second-degree felony, and two third-degree felonies: intoxication assault and failure to stop and render aid. A blood-alcohol test showed Massey at .41, the affidavit said; the legal limit is .08.

The woman who was struck suffered broken legs, Massey faces 40 years in prison if convicted.

According to Miami-Dade County prosecutors, they agreed to the 30-day plea bargained sentence because he was remorseful and cooperative and it was what the family wanted. Stallworth also reach a financial settlement with the family, but the terms are not being disclosed.

Meanwhile, Stallworth has been ordered to pay MADD $2500, yet the group is refusing the funds:

“If we took the settlement, we’d be part of the settlement and we don’t agree with the sentence and therefore the settlement,” MADD president Laura Dean-Mooney told Good Morning America this week.

The full story can be found here

 

Police are finding that the impaired drivers they are catching are registering a higher blood-alcohol level — to an average of more than twice the legal limit.

Blackmore said the average blood-alcohol level for those charged up until last week was .165 — that is 165 milligrams of alcohol per 100 millilitres of blood.

Last week, that figure jumped to an average of .178 and the highest reading was .245 — more than triple the legal limit.

Obviously, driving impaired is a bad idea. Driving when you’re three times the legal limit is an awful idea.

Government officials on Wednesday said drunken driving accidents increase each year during the holiday season.

 

Those recently over the legal drinking age are particularly at risk. Drivers aged 21 to 24 are involved in more fatal drunken-driving crashes than any other age group, National Highway Traffic Safety Administration data indicates

Those of you who read this in January because you received a DUI in December take note: judges and prosecutors don’t tend to have much ‘holiday spirit’.

More details can be found here
 

Even in the wake of being charged with homicide by vehicle while driving under the influence for allegedly killing one pedestrian tourist and injuring another last week, 18-year-old Genovese had kept his MySpace profile public - a profile in which he brags of his exploits with pot, alcohol, graffiti and fast cars.

When faced with a pending DUI trial, it’s a good idea not to post stories of illegal activities on public websites.

APRIL 14–NBA star Carmelo Anthony was arrested this morning by Colorado police and charged with drunk driving. According to cops, the Denver Nuggets forward was pulled over after police saw his silver Mercedes weaving and failing to dim its lights

As always, the full story is here:

Following his arrest, Somma resigned from his post:

Gary H. Wente, circuit executive of the US Courts for the First Circuit, declined to discuss Somma’s letter or Carpenter’s comments. Wente had announced Somma’s resignation on Feb. 15, saying the judge had called him from the Caribbean, where he had gone for a previously arranged vacation, and had resigned. At the time, Wente said, the judge had concluded that “it was best to put this behind him.”

On Monday, Wente’s office issued a one-sentence statement saying that Somma’s resignation, scheduled for yesterday, would not become effective until May 15. The statement gave no explanation.

Now, he seems to be slipping back into daily life, withdrawing his resignation and apparently preparing to return to work:

Somma said in a letter to Massachusetts Lawyers Weekly posted online yesterday that an outpouring of support from judges, lawyers, and others had led him to conclude, “contrary to my initial belief, that the media frenzy occasioned by this episode would not be an impediment to my continued service as a judge.”

He said he had accepted full responsibility for his arrest and wished to apologize publicly for “that terrible lapse of judgment and the resultant controversy.”

For more details, check out the story on boston.com here

This week Arizona will enact one of the toughest DUI laws in the nation.

Hardest hit are first-time violators and a new class of “super extreme” DUI offenders whose blood-alcohol concentration registers 0.20 percent or above, which is more than double the legal limit of 0.08 percent.

Beginning Wednesday, new penalties include mandatory ignition-interlock devices for first-time offenders, increased fines and a minimum of 45 days in jail for super extreme DUI convictions.