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Posted on in DUI

A DUI verdict that was delivered in a small juvenile court has reverberated across the country. A judge in a Fort Worth Juvenile Court recently sentenced a 16-year-old boy to 10 years of probation after he confessed to charges arising out of a fatal drunk driving accident that occurred on a rural road. Four people were killed in the accident, and at the time of the crash, the teenager tested positive for a blood alcohol concentration level that was at least three times the legal limit of .08.

His defense lawyers brought to the stand a psychologist who testified in his defense that he suffered from a condition called affluenza. According to the psychologist, this was a syndrome that prevented children like this teenage boy, from learning that bad behavior can have serious consequences. As a result of the syndrome, the boy failed to realize that bad behavior and breaking the rules can have serious consequences, and hence, his poor judgment in driving under the influence of alcohol. The psychologist also brought attention to the fact that the boys parents had failed to punish him for equally poor behavior in the past.

Prosecutors understandably are livid at the judgment, especially since they had sought the maximum sentence in this case, which would have amounted to 20 years in prison. However, the lawyers were very successful in convincing the judge that what the boy needed was not time in prison, but rehabilitation.

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Earlier this year, officials found mistakes in testing at the Orange County Crime Lab that put the results of hundreds of DUI alcohol tests in jeopardy. Now comes news that even more errors have been discovered at the same lab.

The announcement of the earlier errors was made after officials found mistakes in testing that likely produced incorrect lab test results. Those incorrect results are believed to have occurred over at least 5 months. Several persons, who submitted samples for alcohol testing, and whose test results were affected by the error, have already been contacted by the district attorney's office. Prosecutors have also contacted people who were convicted for driving under the influence or pleaded guilty to DUI, as a result of those botched DUI tests. Not surprisingly, these people are extremely upset about the fact that errors in testing, resulted in convictions for them.

The new error is believed to have been discovered during an audit of the lab's operations after the earlier errors were discovered. Under crime lab procedure, a blood test sample is tested twice using two different machines. The average reading is then taken. However, this error is believed to have occurred when the lab calibrated one of the machines, and failed to input the appropriate data in the software. That meant that the results were skewed by as much as .003 percentage points.

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Tagged in: DUI DUI Testing Errors

Public opinion in support of legalization has grown stronger in California, and a recent poll by Gallup estimated that as many as 50% of Americans are in favor of the legalization of pot. Soon, California could legalize marijuana, and companies are already experimenting with so-called pot breathalyzers that would help determine the amount of marijuana in a person’s system.

Obviously, before we have a breathalyzer on the market, it is first necessary to determine the maximum legally permissible marijuana level, similar to the permissible blood alcohol standard that we currently have to determine the incidence of DUI in California. Besides, according to experts, any kind of breathalyzer that is designed to help determine the presence of marijuana in the system is not likely to work like an alcohol breathalyzer, simply because there are several modes of consumption of marijuana. The different modes of consumption could lead to different quantities of marijuana showing up in a person’s system.

As California moves towards legalization of marijuana, it will be looking to other states that have already legalized the drug for lessons in this area. Currently, the only two states that have legalized marijuana are Washington and Colorado. In Washington, for instance, possession of an ounce of marijuana is legal, but it is not legal for a person to drive under the influence of 5 ng of THC per mL of blood. That level is already controversial on Washington, where experts have held that the limit is not scientifically accurate, or reliable. Many experts do seem to agree that it will be very difficult to come up with a standard legal limit that is accurate.

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Tagged in: Breathalyzer DUI

Posted on in DUI

If you are driving in the Martinez area over the next few weeks, expect more numbers of DUI checkpoints. The increase in checkpoints is part of a special targeted effort to increase enforcement action by the Martinez Police Department.

According to the Police Department, the increased DUI enforcement is part of a new campaign that is being funded by a traffic safety grant. The grant, which amounts to approximately $21,515, comes from the California Office of Traffic Safety. The money will be used to specifically to enforce DUI laws, and reduce the numbers of drunk drivers on our streets.

As part of the increased DUI enforcement action, residents of Martinez can now expect to come across more numbers of DUI checkpoints. The grant will be used in efforts to reduce the numbers of people being killed and alcohol-related accidents across markets. It will be used not just to increase enforcement action against DUI offenders, but also to implement awareness campaigns that educate people about the dangers of driving under the influence of alcohol. The campaign will also include specially trained DUI officers.

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Tagged in: DUI checkpoints

When police officers are trying to pull you over on suspicion of driving under the infant of alcohol, it is typically better to comply. Failure to do so may result in additional charges being filed against you.

A man in Cleveland who was driving under the influence of alcohol, refused to stop his car, even during a police chase. The police were alerted to the man's DUI, when a pedestrian called in to report an SUV driving at excessive speeds that nearly struck him. However, when the police responded to the scene, they found the SUV backing out of a McDonald's drive through. They began to give chase, but the man continued to drive on.

When the SUV finally came to a stop, the driver admitted that he continued driving because he wanted to finish his Big Mac!

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