More DUI Arrest Madness

A woman is Arizona is arrested for a DUI. Not a single drink. Breathalyzer shows a 0.0% BAC. Recap here.

You’d almost get the idea that cops will arrest anyone for DUI with virtually no evidence. The culture of arrest everybody and sort them out later is finally here. Civil rights, the presumption of innocence, and other inconveniences in the Constitution have been abolished.

Thanks, MADD! Thanks for all those awards you give out for police officers with the most DUI arrests. That’s a really good use of taxpayer dollars, and police man-hours.

MADD is Seriously Deranged

Via the Agitator, MADD in San Diego is traumatizing high school students with elaborate hoaxes about dead classmates due to drunk driving.

I expect and hope that this will have the opposite effect intended. If I were I student, I would be furious about being lied to about the death of classmates. And, it should make anyone think twice about the honesty of MADD’s propaganda campaigns. They will simply say and do anything.

There is no excuse for this. There is no one so dangerous as he who is certain his is right.

Drunk Driving Poster Girl

Was it fair for the American Beverage Institute to use the image of Lindsay Lohan as an example of irresponsible drinking?

Legally, the answer appears to be yes, it was a public domain photo. And the PR value sparked by the ad and associated free media coverage pretty much makes the answer a resounding yes.

The message of the ad, according to Sarah Longwell of the American Beverage Institute, an industry trade group that advocated safe, responsible, and legal drinking, is to make the distinction between law abiding legal alcohol consumption, and the image of irresponsible drunk drivers, aka Lohan.

It is nice to see some continued backlash against the nation’s creeping DUI laws.

And this kind of publicity can only help promote the idea that everyone who has a drink or two and drives home is not a criminal. This is something MADD does not accept, with their continued drive towards a zero tolerance world.

Drunk Driving in Grand Theft Auto

Following up on the creeping DUI laws watch, today MADD came out against drunk driving in a video game.

If it wasn’t clear before that MADD is an organization that has completely lost it’s way, this should be clear evidence. Not only is it a game, but anyone who has ever played, seen or heard about the GTA series understands that, in the range of bad behavior available to the player in this violent fantasy world, drinking and driving doesn’t even warrant a mention.

And for now, I will even ignore the snippy reference to drunk driving as a violent crime. That’s elves’ beat.

Creeping DUI Laws: Who’s Fighting Back?

Drunk driving laws are a subject that gets many people worked up, and appropriately so, much of the time. No one is in favor of drunk driving. But under the guise of public safely,  our constitutional and legal writes have been eroding at a rapid pace.

Breathalyzer machines have been elevated to judge and jury status, and are legally infallibly and unchallengeable in many states. Driver’s licenses are suspended based on the accusation of a drunk driving charge, without ever having to prove anything in court.

Other than the estimable Lawrence Taylor and some other prominent defense lawyers, there are few who dare to challenge the massive campaign by MADD and other organizations to ban any consumption of alcohol.

She Writes Letters

One person who is trying to stem the tide is Sarah Longwell of the American Beverage Institute. A quick news search on her name will show her as one of the few dissenting voices in the DUI laws war. She is interviewed, and writes follow up letters like this one in the Orlando Sentinel and press releases pointing out the extreme nature of many of these efforts.

Yet, for proposing reasonable, objective analysis, she is clearly in the minority of public opinion. But what drives that public opinion? Interest groups, sensationalized news stories, and statistics.

Fighting the DUI Stats Machine

Frequently sited drunk driving statistics are chock full of bad reporting and misleading statements. The headline reads that “Nearly 30 percent of all fatal auto accidents are blamed on alcohol. The text of the article reads, somewhat more vaguely “30 percent of all fatal accidents involve alcohol”.

This is a phrase that MADD uses often, and it is extremely suspicious by it’s vagueness. Does it mean that 30% of all fatal car accidents are caused by alcohol impair drivers? If they meant that, I’m sure they would actually say it like that.

“Alcohol involved” in an accident could mean many, many things.

• Did the driver have some alcohol in his system, but was not legally impaired?
• Did one of the passengers have alcohol in his system?
• Did the victim have alcohol in his system?
• Did someone have alcohol in their car at the time?

These are questions without good answers.

The bottom line is that we need more opposing voices in this debate before the very notion of “innocent until proven guilty” is complete eroded from our laws.

Drunk Driving Checkpoint - MADD on Hand?

It is an interesting legal notion that drunk driving roadblocks are published ahead of time. This one in particular was announced for a road in Bradenton and south Manatee County.

What is particularly fascinating about this announcement is the fact that MADD representatives will be present at the DUI roadblock checkpoint.

What public safety purpose is there in having a victims advocacy group present at a police detail? Are they rooting for arrests? Does that make the police more or less likely to arrest anyone who may have had one drink with a slight smell or alcohol?

Just questions, but it really doesn’t sound right to me.

If you’re facing a DUI charge in Florida, contact out attorneys for a case evaluation.

Update: Lawrence Taylor runs the numbers. Evidence that roadblocks have any meaningful effect is hard to find.

More on Propsed Florida DUI Law Enhancements

MADD, the nations largest drunk driving victim advocacy group, announced new proposed enhancements to Florida DUI laws. The law would require anyone convicted of drunk driving with a .105% Blood Alcohol Content (BAC) to have an ignition interlock device installed in his or her vehicle. A level of .105 is just above the .08 legal limit for drunk driving in Florida.

An ignition interlock device requires the driver to blow into an alcohol detecting device in order to start his vehicle. If the device detects any (.02 BAC) alcohol in his breath, the car ignition will not start, and a violation will be logged.

Ignition interlock device driver’s license restrictions are increasingly popular for those with drunk driving convictions, particularly in the case of multiple offenders with chronic alcohol addition problems. The interlock device allows a person to drive under normal, unimpaired, circumstances, and therefore doesn’t restrict his ability to drive to work and make a living.

Previous incarnations of proposed new Florida DUI laws have included high BAC levels with an ignition interlock requirement at a .15 BAC, almost twice the legal limit of intoxication.

Judge Recused in Florida DUI Case

A circuit judge in Hillsborough County recused himself from presiding over a drunk driving case after a defense attorney argued he hadn’t shown the appearance of impartiality. The issue? The judge mentioned support of MADD, the nation’s leading victim advocacy group for drunk driving laws, on his official judicial web site.

The judge himself agreed that it could be construed as indicating that he might not be impartial in his rulings in a DUI trial in his court. He then immediately had the reference to MADD removed from his web listing.

But, does anyone really believe that simply taking down a line from his web page biography really makes a difference in how he will rule? Defense attorneys may continue to argue that he maintains this bias if they believe it will help their client.

But the larger issue is that, experienced defense lawyers know all judges have biases, tendencies, and patterns in how they rule. Many are fair, some are extremely tough towards defendants, and some are relatively lenient. A smart defense lawyer knows his court and knows the judges. It may make sense to continue or delay a case if you know that you will be in front of a particularly tough judge.

It is a commonly misunderstood fact that justice is not blind, not fair, and not perfect. It is determined by imperfect people, after all. But it can be difficult to understand how the difference between a guilty and not guilty verdict, or a harsh sentence or a minimal sentence is often entirely based on the judge behind the bench or the people in the jury box.

Fairness is a goal of the overall system, but certainly not a standard that is met in every case.

For every advantage in your case, you need the best Florida criminal defense lawyer you can get. You want a lawyer who knows the law, and knows the system, and will work it to get you the best possible outcome. Please contact us for a consultation on your criminal charges in Florida. When you speak to the attorney, ask about similar cases in your courtroom.

Our goal is not fairness, but to fight for you. That is the job of every defense lawyer. Please contact us to find out what we can do to help.

Mortgage Fraud in Florida Tops Nation

According to this article in the Miami Herald, the state of Florida tops the nation in mortgage fraud cases. This has happened in spite of the fact that Florida enacted tough penalties for mortgage fraud last year, which made the crime a 3rd degree felony. A third degree felony is punishable by up to 5 years in prison, and $5000 in fines Florida lawmakers are proposing increasing the charge to a 2nd degree felony, which would carry a maximum penalty of 15 years in prison, and a $10,000 fine.

Mortgage fraud is the crime of falsifying financial records to get or improve the terms of a mortgage to by a home. Florida is one of the hardest hit states for foreclosures on homes and condos, partially due to the wild speculation that was done in flipping condos and vacation homes when the real estate market was booming. The easy money while the market was rising made mortgage fraud a tempting crime, especially when everyone was making money.

But not that the boom times are over,  and banks are desperate to get back some of the loans they issued, the fact that many people were acting in a criminal manner to borrow money is a serious problem.

If you are accused of mortgage fraud, please contact us for a criminal defense consultation.

Enhanced Florida DUI Laws on Tap?

The Florida State Senate Committee on Transportation approved a bill to enhance penalties for “High BAC” DUI Offenders.  Under current Florida DUI law, a person who is convicted of a DUI after blowing a .20 & BAC would be required to install an ignition interlock alcohol Breathalyzer device in their vehicle, for 6 months. Under the proposed new DUI law, that BAC threshold for an interlock requirement would be reduced to .15 BAC, or just under double the legal limit of .08.

The bill must still be passed by the full legislature.