The Virginia Court of Appeals recently addressed this question in Gibson v. Commonwealth and found that Miranda warnings (a reading of your rights, including your right to remain silent) are not required before an offer administers field sobriety tests or questions a suspected intoxicated driver about his drinking and/or any physical problems that might affect...
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DUI BLOG
- Kansas Moves To Punish Refusing to Incriminate Yourself in DUI CasesI’ve posted long and hard over the years about the inaccuracy and unreliability of breathalyzers. See How Breathalyzers Work – and Why They Don’t. But at least you could always refuse to take the test. You aren’t required to incriminate yourself, right? I mean, this is America and we have the Constitution to protect us. […]
- Driving Under the Influence of…FoodI’ve written in the past about the focus on the relative dangers of impaired driving due to alcohol versus impairment from drowsiness, texting or talking on a cell phone. Thanks to Mothers Against Drunk Driving, DUI has been demonized and the penalties have become Draconian. But studies show the dangers from distracted driving can be […]
- Colorado Senate Votes to Criminalize Marijuana Levels in DriversOver past years, Mothers Against Drunk Driving has been successful in getting legislation passed across the country criminalizing the presence of a largely arbitrary level of alcohol in a driver’s blood. Whereas previously the drunk driving laws made it illegal to drive a vehicle while under the influence of alcohol, the new ones didn’t […]
- A Fading ConstitutionAs I’ve mentioned in past posts, the U.S. Supreme Court years ago reversed a Michigan State Supreme Court decision and held that DUI roadblocks (aka "checkpoints") are not violations of the Constitution. See Are DUI Roadblocks Constitutional? Since then, a growing number of states have relied upon their own constitutions to ban the practice. See, […]
- The Scarlet Letter Again…In the opening of Nathaniel Hawthorne’s classic novel The Scarlet Letter, set in 17th-century Puritan Boston, a young woman who has been convicted of adultery is led through the streets of colonial Salem, a scarlet letter "A" pinned to her chest. The townspeople watch approvingly, gossiping and enjoying her humiliation. Fast forward….Mothers Agains […]
- State Supreme Court: No Forced Blood DrawsI’ve written in the past about the increasingly common practice of cops to pin DUI suspects down and forcefully withdraw blood from them. In some cases the needle is wielded by medical staff — and in others by the cops themselves. See Taking Blood by Force, Forced Blood Draws by Cops in Back Seat, Forced Blood […]
- Super PACs Now Buying Judges, TooWe all know the impact the Super PACs are having on who will be representing us in our state and national governments. Most senators, congressmen, governors, etc., are now pretty much bought-and-paid-for by Big Money’s deep pockets. This is largely thanks to the U.S. Supreme Court’s recent decision which found that financial limits cannot be […]
- Obama’s Uncle Gets the Royal TreatmentAnd I thought only cops and judges got special handling when they drive drunk…. On the Road Again: Obama’s ‘Drunk Driving’ and Illegal Immigrant Uncle Allowed to Drive Again After Hardship License is Approved Boston, MA. April 3 –Just a week after President Obama’s uncle pleaded guilty to drunk driving and surrendered his driver’s licence, […]
- Court to Cops: Stop Destroying the Blood SamplesI’ve written in the past about how cops have a disturbing tendency to destroy or "lose" critical evidence in drunk driving cases. See, for example, Why Do Police Destroy DUI Evidence?, Why Do Police Erase DUI Videotapes? and Why Do police Always Destroy Breathalyzer Evidence?. Destroying or losing evidence is, of course, a convenient way to make […]
- Identifying and Proving DUI Marijuana (“Stoned Driving”)I’ve discussed in the past how difficult it is (1) to recognize and identify whether a person’s driving ability is impaired by marijuana, and (2) to prove with observable and chemical evidence the existence of that impairment. See, for example, DUI Marijuana: Does Marijuana Impair Driving? and Driving + Trace of Marijuana = DUI. The following news […]
Latest Story
Does an Officer Have to Give Miranda Warnings Before Offering Field Sobriety Tests?
Can I Negotiate With the Prosecutor Myself in a Reckless Driving Case?
In Fairfax County, like a number of other jurisdictions, prosecutors do not meet with or negotiate with unrepresented reckless driving defendants. The prosecutors are too busy and in fact have no involvement in reckless driving cases that do not have a defense attorney. Instead,...
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Virginia Reckless Driving-Is it Really a Criminal Offense?
The Virginia Legislature has essentially criminalized simple speeding. In Virginia, under Va. Code 18.2-862, anytime a driver is exceeding the speed limit by 20 miles per hour or more, or is driving at a speed in excess of 80 (regardless of the speed limit)...
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Virginia Court Holds Passed Out Driver Was “Operating” a Vehicle that Was Not Turned On
In Nelson v. Commonwealth, the Virginia Supreme Court held that a defendant was “operating” a vehicle within the meaning of Va. Code 18.2-266 when he was found passed out...
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The DUI Stop – Why is it important?
The initial stop in a DUI/DWI case can be the most important aspect of the legal defense. Contrary to what many people believe, officers cannot stop a motor vehicle on...
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