SAN DIEGO, Nov. 23 /PRNewswire/ -- A San Diego DUI attorney claims that the ability of most police officers to determine intoxication is little if any better than that of lay citizens -- and cites studies to prove it.
San Diego DUI lawyer Lawrence Taylor, author of the legal textbook Drunk Driving Defense, points out that the validity of DUI arrests depends heavily upon the subjective opinions of the arresting officer. His ability to correctly assess DUI symptoms of intoxication -- driving, appearance, behavior, answers to questions, performance on field sobriety tests -- will largely determine what, if any, criminal charges will be filed by the prosecutor. And his testimony at the DUI trial will largely decide the guilt or innocence of the person he arrests.
To determine how accurate the police are, the San Diego DUI attorney says, researchers at Rutgers University's Alcohol Behavior Research Laboratory conducted a series of experiments.
For purposes of comparison with officers, 49 non-police witnesses were first tested. The lay social drinkers sat in a room as various DUI "suspects" were brought in one at a time for observation and questioning. Each suspect had either consumed varying amounts of alcohol or had consumed nothing; each had been tested for blood-alcohol levels. Each of the 49 witnesses was then asked to judge each suspect's state of sobriety or intoxication.
Taylor says that a second group of 12 bartenders was similarly tested.
The researchers then turned to 30 experienced DUI officers. Separated into two groups, the first group of 15 officers was tested under laboratory conditions similar to those used with the lay social drinkers. The second group of 15 officers was tested under circumstances commonly encountered in a drunk driving traffic stop at night, with the subject behind the wheel of a car who was then asked to step out and conduct a series of DUI field sobriety tests.
The scientists' findings, the San Diego DUI lawyer says, were disturbing:
"When police observers in the laboratory conditions were compared to social drinkers who had experienced an identical procedure, no difference in rating accuracy was found. Officers in the arrest scenario were somewhat more accurate than their colleagues in the laboratory condition but not significantly so."
According to the San Diego DUI attorney, the scientists concluded that "the results of the three experiments described here are not reassuring. All three of the subject groups studied -- social drinkers, bartenders and police officers -- correctly judged targets' levels of intoxication only 25 percent of the time." Langenbrucher and Nathan, "Psychology, Public Policy and the Evidence for Alcohol Intoxication", American Psychologist 1070.
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Monday, February 15, 2010
Thursday, January 28, 2010
John Kerry’s Daughter Arrested for DUI
Saturday, November 21, 2009 – Senator John Kerry’s oldest daughter was arrested after she was pulled over for a DUI.
Alexandra Kerry was reported to be stopped for an expired automobile registration and then refused to take a preliminary alcohol screening at the scene so the police arrested her and went to the Police Station and she took the test there and was then released because the breathalyzer showed her to be below the legal limit.
Police have the option to arrest someone if there is suspicion of drunken driving under the policeman’s opinion of impairment of the motorist.
A spokesman for the Police Gus Villanueva stated “It depends on the expertise and opinions of the officers at the time.”
Alexandra’s case is turned over to prosecutors who will make the decision of formally charging her or just dismiss the case. A Los Angeles City Attorneys Office spokesman stated that the case was under review.
It has been rumored that the 36 year old film maker is in pre-production as a director and co-writer of a new film based on a Jessica Shattuck novel called “The Hazards of Good Breeding.”
Source
Alexandra Kerry was reported to be stopped for an expired automobile registration and then refused to take a preliminary alcohol screening at the scene so the police arrested her and went to the Police Station and she took the test there and was then released because the breathalyzer showed her to be below the legal limit.
Police have the option to arrest someone if there is suspicion of drunken driving under the policeman’s opinion of impairment of the motorist.
A spokesman for the Police Gus Villanueva stated “It depends on the expertise and opinions of the officers at the time.”
Alexandra’s case is turned over to prosecutors who will make the decision of formally charging her or just dismiss the case. A Los Angeles City Attorneys Office spokesman stated that the case was under review.
It has been rumored that the 36 year old film maker is in pre-production as a director and co-writer of a new film based on a Jessica Shattuck novel called “The Hazards of Good Breeding.”
Source
Friday, January 15, 2010
Shayne Lamas gets California DUI plea bargain
Shayne Lamas, daughter of Lorenzo Lamas and star of E!'s Leave it to Lamas, accepted a plea bargain for the charge of "wet reckless driving" in lieu of fighting her DUI arrest last month.
The Los Angeles City Attorney's Office spokesman, Frank Matejian, confirmed the report with E! News. Lamas accepted 3-years of probation as a result of the guilty plea. She will also have to complete an alcohol awareness court within a limited amount of time.
Lamas was pulled over in the Venice area of Los Angeles on November 15. She claims she had consumed only one drink, but her breath test put her over the legal limit. The 24-year-old told Usmagazine.com she was traumatized by the event. She admits never taking drinking and driving that seriously until she saw that what she calls "just one drink" can lead to an arrest.
In fact, though it would be uncommon for one drink to put an adult over the legal limit, it is not entirely unheard of. Depending on a host of factors, Lamas, a small woman, could have been over the limit after consuming a single alcoholic beverage.
Women notably process alcohol slower than men, leading to a higher average BAC per alcoholic beverage. Young people have also developed less tolerance for the drug in their blood stream. It is for these reasons drivers must be careful to exercise extreme caution, particularly in the coming months of vigilant police activity, to remain safe.
Source
The Los Angeles City Attorney's Office spokesman, Frank Matejian, confirmed the report with E! News. Lamas accepted 3-years of probation as a result of the guilty plea. She will also have to complete an alcohol awareness court within a limited amount of time.
Lamas was pulled over in the Venice area of Los Angeles on November 15. She claims she had consumed only one drink, but her breath test put her over the legal limit. The 24-year-old told Usmagazine.com she was traumatized by the event. She admits never taking drinking and driving that seriously until she saw that what she calls "just one drink" can lead to an arrest.
In fact, though it would be uncommon for one drink to put an adult over the legal limit, it is not entirely unheard of. Depending on a host of factors, Lamas, a small woman, could have been over the limit after consuming a single alcoholic beverage.
Women notably process alcohol slower than men, leading to a higher average BAC per alcoholic beverage. Young people have also developed less tolerance for the drug in their blood stream. It is for these reasons drivers must be careful to exercise extreme caution, particularly in the coming months of vigilant police activity, to remain safe.
Source
Monday, December 28, 2009
California DUI attorney says field tests may be fraudulent
Prominent Los Angeles DUI Attorney Lawrence Taylor recently discussed how it is possible for a field sobriety test may be entered into a courtroom even though some of the evidence could be "fraudulent."
In any drunk driving arrest, there is an observation period before a breath test can be initiated. This observation period usually consists of a field sobriety test where an officer observes the actions of a driver to determine if there is reasonable suspicion to request a breath or blood test.
The typical field test involves tests of balance, coordination and mental response to a situation. Impaired drivers are thought to have difficulty handling more than one task at a time. Many people, including Taylor, say these tests can be hard for even a sober driver to perform. In an effort to make arrests more procedural, many agencies are adopting a standard battery of tests, according to Taylor.
There are usually signs in the iris's and eye tracking that may lead to drunk driving suspicion as well. Once of the most recognized standard tests is the horizontal gaze nystagmus. Basically, when an officer requests a person to follow a pencil or finger as it tracks back and forth, the eyes of an impaired driver will supposedly shake slightly. Taylor believes this is favored because it appears scientific to jurors in a trial.
Taylor, however, cites a scientific study saying this test is not a valid. The study, published in Science and Justice, says the test is performed incorrectly 95% of the time it is used by an officer. The study points out legal bodies rarely disclose their own reasons for approving these measures with law enforcement agencies. Taylor alleges legal bodies likely know the test is not very accurate. The study agrees, calling the admission of this test as evidence, "deliberate fraud."
Source
In any drunk driving arrest, there is an observation period before a breath test can be initiated. This observation period usually consists of a field sobriety test where an officer observes the actions of a driver to determine if there is reasonable suspicion to request a breath or blood test.
The typical field test involves tests of balance, coordination and mental response to a situation. Impaired drivers are thought to have difficulty handling more than one task at a time. Many people, including Taylor, say these tests can be hard for even a sober driver to perform. In an effort to make arrests more procedural, many agencies are adopting a standard battery of tests, according to Taylor.
There are usually signs in the iris's and eye tracking that may lead to drunk driving suspicion as well. Once of the most recognized standard tests is the horizontal gaze nystagmus. Basically, when an officer requests a person to follow a pencil or finger as it tracks back and forth, the eyes of an impaired driver will supposedly shake slightly. Taylor believes this is favored because it appears scientific to jurors in a trial.
Taylor, however, cites a scientific study saying this test is not a valid. The study, published in Science and Justice, says the test is performed incorrectly 95% of the time it is used by an officer. The study points out legal bodies rarely disclose their own reasons for approving these measures with law enforcement agencies. Taylor alleges legal bodies likely know the test is not very accurate. The study agrees, calling the admission of this test as evidence, "deliberate fraud."
Source
Tuesday, December 15, 2009
Dumanis warns defense attorneys of problems with LA-based lab
Problems with drug testing of blood and urine at a Southern California lab could affect some San Diego criminal cases.
The lab in question is Pacific Toxicology Laboratories, based in Los Angeles.
District Attorney Bonnie Dumanis sent out e-mails to local defense attorneys Monday to notify them of potential testing problems.
News 8 has learned a small number of drug tests from the lab came back with false-negative results.
Defense attorneys say the results could be far-reaching.
Earlier this year, Dumanis sent out a similar notice after a Riverside County lab technician admitted to falsifying test results.
Source
The lab in question is Pacific Toxicology Laboratories, based in Los Angeles.
District Attorney Bonnie Dumanis sent out e-mails to local defense attorneys Monday to notify them of potential testing problems.
News 8 has learned a small number of drug tests from the lab came back with false-negative results.
Defense attorneys say the results could be far-reaching.
Earlier this year, Dumanis sent out a similar notice after a Riverside County lab technician admitted to falsifying test results.
Source
Saturday, November 28, 2009
Reality TV star Stephanie Pratt arrested for DUI
Stephanie Pratt, star of MTV's "The Hills," was arrested early Sunday morning by Los Angeles Police for driving under the influence.
Pratt, sister of famed Spencer Pratt, was pulled over just before 4:00 AM in Hollywood. The charge is the star's first, and Pratt faces misdemeanor charges. Officers tell the media Pratt was pulled over for driving in a manner consistent with impaired driving. They say she cooperated fully and there were no unique circumstances with the arrest.
Adding to the buzz surrounding the arrest is the fact Pratt was on Twitter earlier in the evening. She tweeted about attending Holly Montag's, younger sister of Heidi Montag, birthday party. Entertainment news sources claim she appeared to be heading home at that point. The tweet read, "Just finished dinner and going to Empire but I'm pretty tired, a.k.a. yes, I am the party pooper."
A first-offense DUI in Los Angeles will be eligible for an ignition interlock mandate according to new legislation but not until July of next year. This means Pratt will not have to use the device. She will have to surrender her license as a result of the arrest. If convicted, Pratt will face jail time and probation.
However, since this is Pratt's first DUI, it is likely she will not serve time behind bars. She will be eligible under California law to have the offense expunged with appropriate probation efforts. These efforts typically include attending alcohol classes, avoiding alcohol and bars, completing community service hours and submitting a drug test.
There is some speculation about the success of these programs, though, among Los Angeles's celebrity crowd. Lindsay Lohan was permitted an extension on her probation when she did not fulfill community service hours because she had been "busy."
Source
Pratt, sister of famed Spencer Pratt, was pulled over just before 4:00 AM in Hollywood. The charge is the star's first, and Pratt faces misdemeanor charges. Officers tell the media Pratt was pulled over for driving in a manner consistent with impaired driving. They say she cooperated fully and there were no unique circumstances with the arrest.
Adding to the buzz surrounding the arrest is the fact Pratt was on Twitter earlier in the evening. She tweeted about attending Holly Montag's, younger sister of Heidi Montag, birthday party. Entertainment news sources claim she appeared to be heading home at that point. The tweet read, "Just finished dinner and going to Empire but I'm pretty tired, a.k.a. yes, I am the party pooper."
A first-offense DUI in Los Angeles will be eligible for an ignition interlock mandate according to new legislation but not until July of next year. This means Pratt will not have to use the device. She will have to surrender her license as a result of the arrest. If convicted, Pratt will face jail time and probation.
However, since this is Pratt's first DUI, it is likely she will not serve time behind bars. She will be eligible under California law to have the offense expunged with appropriate probation efforts. These efforts typically include attending alcohol classes, avoiding alcohol and bars, completing community service hours and submitting a drug test.
There is some speculation about the success of these programs, though, among Los Angeles's celebrity crowd. Lindsay Lohan was permitted an extension on her probation when she did not fulfill community service hours because she had been "busy."
Source
Sunday, November 15, 2009
Gov. Schwarzenegger Signing Legislation Cracking Down on DUI Offenders
All right, we're all ready to go. Good morning, everybody. I'm Dale Bonner, Secretary of the Business, Transportation and Housing Agency for the state of California.
Before we get on to the events of the morning I wanted to just say a special note of thanks to some of the people who've taken some time out to be here with us this morning. In addition to the two authors of the legislation, Assemblymember Michael Feuer from Los Angeles and Senator Bob Huff from Diamond Bar, we also have with us Mary Klotzbach from MADD. I see Sheriff McGinness is with us here from Sacramento County. And part of my Traffic Safety Team; we have Commissioner Joe Farrow from the Highway Patrol, George Valverde from the Department of Motor Vehicles and Chris Murphy from the Office of Traffic Safety. And they have been working very hard with all of the allied agencies all around the state to bring down the traffic collisions all across the state of California and to increase road safety.
And I try to remind everybody that by improving safety on the highways we're not only saving lives but we're improving the quality of life, because it's good not only for human beings and families but also for our state economy. And so the legislation we're signing today is particularly important because we can't control the weather but we can do more and more to control human behaviors that result in unnecessary collisions and that's what we are taking a significant step towards this morning.
So without further ado, let me introduce to you the man who is going to sign the legislation that's so important, that has brought us here this morning, my boss, Governor Arnold Schwarzenegger.
Source
Before we get on to the events of the morning I wanted to just say a special note of thanks to some of the people who've taken some time out to be here with us this morning. In addition to the two authors of the legislation, Assemblymember Michael Feuer from Los Angeles and Senator Bob Huff from Diamond Bar, we also have with us Mary Klotzbach from MADD. I see Sheriff McGinness is with us here from Sacramento County. And part of my Traffic Safety Team; we have Commissioner Joe Farrow from the Highway Patrol, George Valverde from the Department of Motor Vehicles and Chris Murphy from the Office of Traffic Safety. And they have been working very hard with all of the allied agencies all around the state to bring down the traffic collisions all across the state of California and to increase road safety.
And I try to remind everybody that by improving safety on the highways we're not only saving lives but we're improving the quality of life, because it's good not only for human beings and families but also for our state economy. And so the legislation we're signing today is particularly important because we can't control the weather but we can do more and more to control human behaviors that result in unnecessary collisions and that's what we are taking a significant step towards this morning.
So without further ado, let me introduce to you the man who is going to sign the legislation that's so important, that has brought us here this morning, my boss, Governor Arnold Schwarzenegger.
Source
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