August 15, 2008
- Intoxication Assault
Sec. 49.07. INTOXICATION ASSAULT.
(a) A person commits an offense if the person, by accident or mistake:
(1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or
(2) as a result of [...]
July 3, 2008
- Texas DWI charge dropped against judge
SAN ANTONIO — A special prosecutor said insufficient evidence prompted him to seek dismissal of a drunken driving charge against a state district judge.
Tony Hackebeil wouldn't elaborate on why he asked County Court-at-Law Judge Michael Mery to dismiss the charge stemming from a February traffic stop involving Raymond Angelini, a longtime judge. Hackebeil's motion was [...]
June 8, 2008
- The Horizontal Gaze Nystagmus Test: fraudulent science in the American Courts. By JL Booker
If you have recently been charged with a Collin, Dallas or Denton County DWI and submitted to field sobriety tests then you NEED to read this article by JL Booker from the journal of Science and Justice Journal volume 44 pages 133-139 (18 June 2002) about the Horizontal Gaze Nystagmus Test (HGN).
Download file
The HGN test [...]
May 31, 2008
- Men’s Health - America’s Drunkest Cities
Atlanta ranks 12th on this list.A sort of interesting article. They rely on various factors such as liver disease, DUI arrests and some statistics from MADD in determining the ranks.
See article HERE.
Continue . . .
May 27, 2008
- DWI Field Sobriety Tests: How accurately do the SFSTs predict intoxication?
Law enforcement officers in all 50 states utilize Standardized filed sobriety tests (SFSTs) to determine the impairment of a person’s driving due to alcohol influence. The SFSTs are comprised of a battery of three tests: 1) Horizontal Gaze Nystagmus test (HGN), 2) Walk and Turn Test (WAT) and 3) One Leg Stand Test (OLS). [...]
May 26, 2008
- Intoxilyzer Source Code Litigation - What has CMI been hiding?
Thanks to lawyers that have been fighting for the source code that controls the operation of the Intoxilyzer it looks like the tide is turning. Previously, prosecutors all over the country have been objecting to turning it over because it is a “trade secret” and that the State does not have it in their [...]
- FDA finally releases the study that confirms that sleeping pills can cause ’sleep-driving’
“All prescription sleeping pills may sometimes cause sleep-driving,” federal health officials warned Wednesday.
Sleep driving is a variation of sleepwalking. It involves getting in the car in the middle of the night, driving around, and with absolutely no memory of the drive.
The Food and Drug Administration wouldn’t say exactly how many cases of sleep-driving it [...] - DWI - Driving While Intoxicated
There are many different types of driving offenses, all of which hold penalties and consequences for those guilty of committing them. The most serious and expensive driving offences is DWI. Being found guilty of this particular offense can result in serious consequences and have serious implications for the future. The undesirable effects of being charged [...]
May 25, 2008
- Should I hire a DWI Attorney?
A qualified DWI attorney can review your case for defects, compel discovery of calibration and maintenance records for breath machines, can have your blood samples analyzed independently, negotiate for a lesser charge or reduced sentence and obtain expert witnesses for your trial. A skilled lawyer can also debate if the blood technician received adequate training, [...] - Random Boat Stops and the 4th Amendment
§ 31.124 of the Texas Parks and Wildlife Code states, “an enforcement officer may stop and board a vessel . . . and may inspect the boat” to determine whether it is in compliance with the various provisions of the Code.
What this means for the average lake-goer is that an officer has the power to [...]
May 23, 2008
- Could your blood inflate your blood alcohol level?
Your hematocrit level is the ratio of aqueous portions and solid portions of your blood. When alcohol enters your bloodstream it is carried in the plasma (liquid portion). Alcohol does not get absorbed into the red blood cells and other solid material in your blood Someone with a higher hematocrit level will [...] - Richie Sambora
Richie Sambora has been arrested for DUI in Laguna Beach, California. According to news reports, he was cooperative with officers and was arrested without incident. He reportedly took some field sobriety tests prior to getting arrested. It appears that in addition to the DUI, he will also be charged with child endangerment since his daughter [...]
- Wisconsin Cops Target Root Beer.
Wausau, WI. Mar 28 (AP) – Cars lining the street. A house full of young people. A keg and drinking games inside. Police thought they had an underage boozing party on their hands.
But though they made dozens of teens take breath tests, none tested positive for alcohol. That’s because the keg contained root beer.
The party [...]
May 22, 2008
- Austin Police are getting a new BAT Bus - in hopes of catching more DWIs
The City of Austin has decided to replace their current BAT Bus (Breath Alcohol Test Bus) with a new improved BAT Bus.
The city agreed to buy a breath alcohol testing bus so officers don’t have to make the trip to the county jail.
The new Bat Bus will have to stations for Intoxilyzer 5000s as well [...]
May 21, 2008
- Pilot finds out the hard way that the Atkins diet can affect the Breath Test
A Virgin Atlantic pilot was removed from a transatlantic flight after failing a breathalyser test. He has finally been cleard of this charge after it was discovered that his low-carbohydrate diet triggered a false reading.
Subsequent blood tests on the pilot showed a blood-alcohol reading of just over a fifth of the limit set for [...]
May 20, 2008
- Richie Sambora
Richie Sambora has been arrested for DUI in Laguna Beach, California. According to news reports, he was cooperative with officers and was arrested without incident. He reportedly took some field sobriety tests prior to getting arrested. It appears that in addition to the DUI, he will also be charged with child endangerment since his daughter [...]
May 18, 2008
- Wisconsin Cops Target Root Beer.
Wausau, WI. Mar 28 (AP) – Cars lining the street. A house full of young people. A keg and drinking games inside. Police thought they had an underage boozing party on their hands.
But though they made dozens of teens take breath tests, none tested positive for alcohol. That’s because the keg contained root beer.
The party [...] - Assembling or Operating Amusement Ride While Intoxicated
Sec. 49.065. ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED.
(a) A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride.
(b) Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor with a minimum [...]
May 17, 2008
- Boating While Intoxicated
Sec. 49.06. BOATING WHILE INTOXICATED.
(a) A person commits an offense if the person is intoxicated while operating a watercraft.
(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. [...]
May 16, 2008
- Flying While Intoxicated
Sec. 49.05. FLYING WHILE INTOXICATED.
(a) A person commits an offense if the person is intoxicated while operating an aircraft.
(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. [...]
