Results tagged “breath test” from DUI Lawyers & Attorneys News

In Warwick, Rhode Island, a driving under the influence (DUI) case was recently dismissed against a Rhode Island federal prosecutor, Assistant U.S. Attorney Gerard Sullivan.  When Sullivan was arrested, many people speculated that local police treated him favorably because of his career status.

However, this past Monday, a Warwick judge agreed to drop the charges against Sullivan, per a city lawyer's request.

The city lawyer, Robert Sgroi, said that he asked for the case to be dismissed because Sullivan had admitted last week that there was not enough evidence to prove that he had refused chemical breath testing.  Sullivan was pulled over on Thanksgiving morning.  After the incident, he lost his driver's license for seven months.

While stopped by police, Warwick allegedly told officers that he was a federal prosecutor and that he knew their chief.  He made this clear by repeating the same thing several times.

At this time, the police chief of Warwick has made an inquiry to find out why Sullivan was not charged with DUI when he was pulled over.

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According to the Associated Press, a man in Ocala, Florida was charged with driving under the influence (DUI) today.  The man, 45 year old J. Dante Krauss, was spotted by police while riding naked on his motorcycle in Marion County on Interstate 75.  The deputy that made the arrest could not believe his eyes when he saw Krauss cruising by.  He followed Krauss until they reached a red light and then pulled him over for suspicion of DUI.

Captain Mike Rolls said that when he questioned Krauss, Krauss had no idea where he had been or where he was heading.  Rolls asked Krauss if he had consumed alcohol and he admitted that he had been drinking.  Krauss submitted to a breath alcohol test and had a result that was higher than 0.08%, the state's legal limit.

Rolls charged Krauss with DUI shortly after.  It is the fifth time the 45 year old has been charged with driving under the influence.  After his arrest, Krauss was released from jail on $20,000 bail. 

If you have been charged with DUI in Florida, click here to find a DUI defense lawyer!

A recent California Supreme Court ruling from a case in San Bernardino County allows for DUI defense attorneys to challenge the results of a breathalyzer test.

What had been banned by the courts since the early 1990s, DUI defense attorneys in California can now raise a "partition ratio" defense in cases where the defendant failed a breath test.

The current state standard for breathalyzer machines is a 2,100 to 1 partition ratio, which means the amount of alcohol in 2,100 milliliters of breath is considered equal to the amount of alcohol in 1 milliliter of blood.  

In a sense, the ruling acknowledges that ratios can differ widely, depending on the defendant.  Defense attorneys can now argue that a defendant's weight, stomach content at the time of arrest, and overall health can affect the accuracy of a breath test.

Naturally, the new ruling is met with opposition from prosecutors and support from defense attorneys.

"The truth is a breath machine reading is an estimation, not an exact measurement," said Darryl W. Genis, a DUI defense lawyer in Santa Barbara. "If the machine was that right, you would just blow into it and it would turn out a fine and probation at the same time as the blood-alcohol reading. They are not that reliable."

Mark A. Vos, a prosecutor in San Bernardino County, feels the partition ratio defense is "logically irrelevant," asking how defendants could possibly know or re-create all of the conditions at the time of arrest, which is needed to prove the breath test was wrong.

For more information about the recent ruling in California, click here to find a DUI attorney near you.   

In Prescott, Arizona, a female driver by the name of Linda Majenty was arrested for driving under the influence on Highway 260 this weekend.  According to reports, 25 year old Majenty was driving 100 miles per hour before she was stopped for suspicion of DUI.  The Yavapai County Sheriff's Office reports that Majenty is facing aggravated DUI charges and seven counts of endangerment for her behavior. 

 
At this time, police say that Majenty is facing charges of extreme DUI, driving on a suspended license, criminal speeding and having an open container in a motor vehicle. 

When deputies pulled Majenty over, they administered a breath alcohol test.  Her result was .235 percent, which is almost three times Arizona's legal limit.  They report that Majenty had passed several vehicles while speeding and driving on the wrong side of the road in a no passing zone.
 
Police were only able to stop Majenty after she nearly crashed into a parked vehicle near Camp Verde Jail.  Once police approached her vehicle, they noticed that the car had a strong odor of alcohol.  Alcohol could also be smelled on her breath.  Majenty was asked to step out of her vehicle, but she could barely stand without assistance from police. 

This is not the first time Majenty faced DUI charges.  In 2007, she was charged with aggravated DUI.

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Louisiana state Rep. Tim Burns (R-Mandeville) has proposed a new measure that would increase the penalties for those who refuse to submit to a breathalyzer test during a DWI stop.

Under the current DWI laws, refusing a breath test can result in a 180 day license suspension, while a second refusal can result in an 18-month suspension. A third refusal can result in criminal penalties.

The new law would enforce stricter penalties, with a first refusal punishable by a one-year driver's license suspension.

"In many cases, a lot of attorneys often advise their clients not to (take the breathalyzer test), and in a way, it evades the purpose and the meaning of the law," said Burns.

Louisiana lawmakers passed the bill, and have since passed it onto Governor Bobby Jindal, who is expected to sign the bill into law.

While the measure hasn't seen much resistance, there are some mixed reactions to it on the streets.  Some people think drivers who're suspected of DWI should be required to submit to a breathalyzer test, whereas others believe making breathalyzer tests mandatory is an infringement on civil rights.

Regardless of any public dissent, Burns stands by his legislation.

"You don't have a right to drive, you have a privilege that's given to you, and you have to abide by the terms of the law," said Burns.  "If you've had stuff to drink, it's real easy, if you've had something to drink, don't drive. Get somebody to drive you, or stay where you are, or plan ahead."

For more information about breath test refusal laws, click here to find a DWI attorney near you.  

In Yamika, Washington, a police officer who is well-known and respected for her work combating gang and drug crimes was arrested and charged with driving under the influence (DUI).  According to reports, the officer had done much throughout her law enforcement to reduce gang fights and graffiti. 

This past Wednesday, 39 year old Officer Tarin Miller, was charged with DUI after probable cause was established by prosecutors in Yamika County District Court.  Deputy Police Chief Kelly Rosenow told news sources that after the arrest, Miller was placed on paid administrative leave pending an internal investigation.

Miller was given a ticket by a State Patrol officer after being stopped by another policeman shortly before midnight this past Wednesday.  When she was stopped for suspected DUI, police asked her to take a breath test.  Her breath alcohol concentration was higher than .16%, which is twice the legal limit in the state of Washington.

Miller is known for being a member of the Yakima Gang Enforcement Team.  Throughout her career, she put immense effort into stopping graffiti and vandalism by gangs in the city.  She is also known for arresting two men that had led a graffiti spree that had cost the city thousands of dollars in 2006.

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This past Tuesday in Spring Hill, Florida, a woman was placed under arrest by local law enforcement for driving under the influence (DUI) after she ran her minivan into the back of a school bus.

According to the Florida Highway Patrol, 45 year old Patricia Kluge was stopped by police after crashing her vehicle into the bus.  Police asked her to take a breath alcohol test, which revealed that her blood alcohol concentration was .242% at the time of the accident.  Kluge hit a Hernando County school bus during the afternoon hours and it is reported that the bus did not have any students on board.  However, the bus driver and an adult passenger incurred minor injuries from the crash. 

Kluge was uninjured but she did resist arrest and struggled with police.  She allegedly head-butted two officers before they were able to handcuff her. 

Kluge was charged with DUI and resisting arrest with violence.  Her bail has been set at $22,000. 

If you have been charged with DUI in Florida, click here to locate a skilled DUI defense attorney!

Today, Dr. Jan Adams, who is famously known for operating on Kanye West's mother and being involved in her death, was sentenced to jail time after he pled "no contest" a misdemeanor DUI offense he was charged with last June.

According to California police, Adams was driving the wrong way in Interstate 680 in his Jaguar when they spotted him.  They pulled him over for suspected drunk driving and asked him to perform a breath alcohol test.  His breath test revealed that he had been driving with a blood alcohol concentration (BAC) of .20%.  In California, the legal BAC limit is .08%.

According to TMZ.com, the famous doctor had performed surgery on West's mother, Donda West, the day before she tragically passed.  He was sentenced with one year of jail time for his involvement in her death after an autopsy revealed that she had died from heart disease and complications she incurred during her plastic surgeries, performed by Dr. Adams. 

If you have been charged with DUI in California, click here to find a skilled DUI attorney!