Discretion: The Courtroom’s Unseen Force
I call it the Big “D”. The magic word that is possessed by those who control your destiny when you end up being charged with a crime involving drugs or alcohol. It starts with the police, flows through the prosecutor and rests with the judge. The Big “D” is discretion. How it is used may […]
Dumb and Dumber in Baton Rouge
One would think that when it comes to the Constitution, people would show some respect and just leave well enough alone. Not so in Baton Rouge. Act of the 2012 Louisiana Legislature amends the law providing the right of those accused of driving under the influence to confront those who made the allegations, the police […]
New Bills Before Legislature Seek to Crack Down on OWI’s
Gov. Jindal announced seven new legislative proposals which will seek to crack down on impaired driving. If approved all of these proposals will severely change the landscape for OWI offenses. These proposals include: 1. Authority to allow multiple tests to prove impairment; 2. Dual suspension of license through administrative and criminal processes; 3. Substance abuse […]
If Senator Perry Has His Way…
State Senator Jonathan Perry is a good guy. I have known him for many years now. He is a conscientious legislator and responsible public servant. But, when he asks that first time OWI offenders should receive mandatory jail sentences he is dead wrong. He ought to know better. Currently first offenders will normally receive suspended […]
I Am On Camera? Save It For Me, Please!
The supreme court of the State of Illinois sanctioned the state and barred it from introducing testimony concerning what was contained on a video of a traffic stop in Illinois v. Kladis, (No. 110920, Dec. 2011). Traffic stops, detention and field sobriety tests for those suspected of drinking and driving while generally be recorded on video […]
Can I Get a Free Sniff?
OK, Franky is good. As a K-9 drug detector dog, he can smell marijuana inside a home from outside the closed door of a home. The problem is, Franky’s handlers, the Miami-Dade Police Department, violated the homeowner’s rights in snooping for a sniff outside the home when other evidence to justify the action did not […]
I Thought the Legal Limit Was .08
If you are over 21, it is – sort of. Under Louisiana law, if you are over 21 and you test above .08 on a breath or blood test, you are presumed to be impaired at the time of operation of a motor vehicle and it is up to you to overcome the presumption. That does not […]
It’s Just a Machine
Ever wonder why people place such trust in the reading of a breath testing device? I do all of the time. Police, prosecutors, judges and the general public, unfortunately, do not. We use the Intoxilyzer 5000 in Louisiana. It is manufactured by CMI, a company in Kentucky which creates these devices for law enforcement use. […]
How Much is Too Much?
Let me start with a disclaimer: I do not encourage anyone to get behind the wheel after consuming alcohol. Everyone is different. Your body, in effect, is its own unique test tube which processes alcohol in ways that are special to you. Each person has their own set of variables which affect how they metabolize […]
The BAT Bus
The Lafayette Police Alcohol Traffic Action Campaign (“ATAC”) has recently acquired a specialized vehicle specifically designed as a tool to combat drunk driving. The unit, called a Breath Alcohol Testing bus or “BAT” was acquired via a $350,000 grant paid for by the Louisiana Highway Safety Commission. It will serve as a mobile operations unit […]