Fight A DUI

The Mississippi Supreme Court refused to review a lower court’s decision regarding a blood sample taken after a fatal DUI crash (the test found a BAC of 0.09 - above the legal limit of 0.08 for Mississippi). The lower court ruled last December that it was unclear whether the defendant (Dr. Samuel Shaw) was under arrest when the blood was taken. The Supreme Court has declined the prosecutors’ request to hear the case, leaving the prosecutors with virtually no evidence against Shaw. They key factor: the Appeals Court says Shaw refused to submit blood samples, which were then drawn without his permission.

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Forbes is one of the many news outlets writing to let us know that Paris Hilton’s DUI Arraignment has been postponed. From the article:

 Hilton was originally scheduled to be arraigned Thursday on charges that she was driving under the influence with a blood-alcohol level of at least 0.08 percent, said city attorney’s spokesman Nick Velasquez.

…

The 25-year-old Hilton was arrested Sept. 7 after being stopped in her Mercedes-Benz SLR while, she has said, on a late-night hamburger run.

Hilton has no prior DUI arrests. If convicted, she could be sentenced to six months in jail and fined $1,000. The minimum penalty for a first-time offender is a fine, probation and alcohol-rehabilitation program.

The $1,000 minimum fine in California probably matters little to her - but it should be interesting to see the heiress in a rehab program.

 

UPI is one of the many to announce that rapper Royce Montgomery was sentenced to 1 year in jail a summer DUI. From the story:

AllHipHop.com reported that a source close to the M.I.C. Records chief executive officer said that despite recommendations for parole for the rapper’s summer DUI, a Michigan judge instead chose to sentence the “Rock City” star to jail time.

“The actual situation was the DUI, but because he lives in the suburbs, you know how that goes,” the source told AllHipHop.com. “The probation people recommended that he do 30 days, but the judge was like ‘no.’ Normally the judge takes the probation people’s recommendations but they sentenced him to a year because they wanted him to think about it.”

Have a DUI? A good lawyer may keep you out of jail…

 

 

Driving Under Influence of Alcohol or Drugs

 

23152 (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for any person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for any person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.

(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.

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