Welcome 
DUI Enforcers!

News

  • Friday, October 25, 2013 11:19 AM | Anonymous

    Felony perjury charges were filed today against Dr. Joseph Citron, a Georgia Opthomoligist and attorney.   Dr. Citron specializes in eyes, but was largely engaged as an expert witness by DUI defense attorneys.  He is accused of embellishing his credentials in the area of the Standardized Field Sobriety tests to allow him to qualify as an expert witness in numerous courts.   After an FBI investigation, two felony counts and three misdemeanor courts have been filed against him in Pennsylvania--punishable by up to seven years in prison.  Additional counties are expected to file charges against him based on the FBI investigation.

    The indictment is here 

    An article on the story is here. 

  • Wednesday, October 23, 2013 8:22 AM | Anonymous

    The US Supreme Court vacated the defendant's three DUI convictions and ordered the state supreme court to consider the issue anew in light of it recent decision in Missouri v. McNeely.   The Minnesota Supreme Court agreed McNeely changes Minnesota law, but concluded a warrant was not required because the defendant consented following the implied consent advisory.  The court concluded this allowed law enforcement to lawfully obtain both blood and urine in the three cases consolidated on appeal in Minnesota v. Brooks. 

    The full opinion is here: Minnesota v Brooks SC Opinion 10_2013.pdf  

    Congratulations to the prosecutors of Minnesota on a job well done!   Brooks will undoubtedly seek US Supreme Court review of the opinion, so this may be the first test of implied consent laws following McNeely.  

  • Wednesday, October 16, 2013 11:02 AM | Anonymous

    Thursday Oct 17 & again Friday Oct. 18, 5PM PT.  Check your local listings.  

    This National Geographic presentation explores the drug scene in "Junkytown", from cocaine to marijauna. 

  • Tuesday, September 24, 2013 10:36 AM | Anonymous

    Drivers are responsible for more than 90 percent of collisions, but we don't know exactly what happens in the moments leading up to a crash.  A new study involving 3100 cars, including many Seattle drivers, is being conducted by Virginia Tech may help answer those questions.  The Naturalistic Driving Study is being coordinated by the Strategic Highway Research Program, known as SHRP 2, which was authorized by Congress to conduct the work, and administered by the Transportation Research Board. The total SHRP 2 budget is around $70.4 million.

    An article discussing the study may be found here.

    A man uses his cell phone while driving in Newark, N.J.

  • Monday, September 09, 2013 8:30 AM | Anonymous

    22-year old Matt Cordle has not been charged, but he posted a video taking full responsiblity for the death of photographer Vincent Canzani in a drunk driving crash. Franklin County Prosecutor Ron O'Brien said Matt Cordle is a suspect in the deadly wrong-way crash and a grand jury will be asked to indict him for aggravated vehicular homicide.   The video is here.   The CNN story is here. 

  • Thursday, August 01, 2013 11:10 AM | Anonymous

    After over two years of litigation in cases ranging from Vehicular Homicide to DUI, the court decisively settled the Measurment Uncertainty issue.  The defense had argued the State is required to provide measurement uncertainty calculations to the defense as part of its discovery and must also offer that evidence at trial along with the test. 

    History of Case: Following a 6-day hearing involving 4 expert witnesses, the 3-judge trial court panel agreed with the defense and ordered measurement uncertainty calculations be provided in discovery and at trial or risk suppression.  King County was granted a writ of review and Judge Kessler reversed the trial court ruling on all bases.  The Decision on Appeal: The Court of Appeals Division 1, the Fausto court utterly rejected the defense arguments and affirmed Judge Kessler.  

    The full opinion may be read here. 

    Congratulations to the DPAs at King County who worked the issue and both the State Toxicology Laboratory and Impaired Driving Section for their time and expertise on this issue!

  • Monday, July 22, 2013 7:20 AM | Anonymous

     

    Walk like MADD  – September 15th.  Please click the link below for more information.

    If you are unable to attend in person you can also register as a virtual walker. Join us now by registering at www.walklikemadd.org/seattle.

    Click here to view the team page for Trooping to Target Zero
    If the text above does not appear as a clickable link, you can visit the web address:
    http://support.madd.org/site/TR?team_id=83993&pg=team&fr_id=3249&et=uyJZLOKKrhqTYlQrNkUvFA

    If you have any questions, please contact Bobbi Parker at (206) 734-3205 or email bparkermaddwa@comcast.net

  • Monday, June 17, 2013 9:07 AM | Anonymous

    The US Supreme Court reversed itself on whether a jury must decide facts that decide a mandatory minumum sentence or if a judge can find those facts as "sentencing factors."  Previously, the court decided Harris v. United States, 536 U. S. 545 (2002) and held the judge could constitutionally decide facts in support of a higher mandatory minimum sentence.   

    In Alleyne v. United States, No. 11-9335 (Jun. 17, 2013) the court expressly overruled Harris and held that the legislature cannot force a judge to impose a higher mandatory minimum sentence unless a jury finds the requisite statutory factual predicates. 

    The case means that in any crime involving a mandatory minimum must now allege those facts in the criminal complaint and prove those facts to the jury before the judge is compelled to sentence the defendant to the greater mandatory minimum.  If the prosecution fails to properly plead or prove the elements for the enhanced penalty, the court may still exercise its discretionary authority to impose the higher sentence, but is not compelled to do so.

    Note: In a footnote, the court affirms its prior decision allows judges to determine prior offense enhancements, as stated in Almendarez-Torres v. United States, 523 U. S. 224 (1998)

    The full case is available here.  

  • Monday, June 03, 2013 2:13 PM | Anonymous

    The justices of the U.S. Supreme Court sit for their official photograph on October 8, 2010, at the Supreme Court. Front row, from left: Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony M. Kennedy and Ruth Bader Ginsburg. Back row, from left: Sonia Sotomayor, Stephen Breyer, Samuel Alito Jr. and Elena Kagan.

    In a 5-4 decision, the Supreme Court held that collecting DNA evidence as part of the booking process by taking a swab from inside the defendant's mouth is not a violation of the 4th Amendment.  Here are two stories on the decision: 

    Justices Allow Police to Take DNA Samples After Arrests

    Adam Liptak

    New York Times; June 3, 2013

    Article attached, or link online here

    Supreme Court: DNA swab after arrest is legitimate search

    Bill Mears

    CNN; June 3, 2013

    Article attached, or link online here

     

  • Friday, May 31, 2013 7:32 AM | Anonymous

    GHSA News Release Header

    FOR IMMEDIATE RELEASE
    May 30, 2013

    Contact:  Barbara Harsha

                  202-789-0942 x120

                  202-669-9750 (cell)

    New Study a Reminder of Importance of Motorcycle Helmet Use

    Statement for Attribution to Barbara Harsha, Executive Director,
    Governors Highway Safety Association (GHSA)

     

    WASHINGTON, D.C. -- Today's study from the Highway Loss Data Institute (HLDI) is a reminder of something we have long known -- the repeal of state motorcycle helmet laws is a bad and dangerous idea. HLDI's study shows that since Michigan's repeal of its universal helmet law in 2012, the medical costs of injured motorcyclists increased substantially, while motorcycle injury crashes also increased. This is consistent with many previous studies showing that repealing a law requiring all riders to wear helmets inevitably and quickly increases motorcyclist fatalities.

    Michigan is one of six states that have repealed their universal helmet law since 1997. Only 19 states currently have universal helmet laws, and no state has enacted a law since 2004. This is despite the fact the helmet use has been cited by researchers as the single most effective countermeasure in reducing motorcyclist injuries and deaths.

    The new data from HLDI adds to the evidence that motorcycle safety is going in the wrong direction. Earlier this month, the National Highway Traffic Safety Administration (NHTSA), reported that helmet use declined six percentage points in 2012, to 60 percent.

    Last month, GHSA projected that motorcyclist deaths increased nine percent in 2012. This would mark the 14th of the last 15 years in which motorcyclist deaths increased. During a period of remarkable progress in other aspects of highway safety, the increases in motorcycle fatalities have been an aberration.

    While the news about motorcyclist safety continues to be disheartening, there is no mystery about what should be done to keep riders safe. As noted in GHSA's recent report, states should address six issues: 

    • Increase helmet use
    • Work to reduce alcohol impairment among motorcyclists
    • Work to address speeding among motorcyclists
    • Increase operator training opportunities
    • Ensure operators are properly licensed
    • Encourage all drivers to share the road with motorcyclists

     # # # 

     

    The Governors Highway Safety Association (GHSA)® is a nonprofit association representing the highway safety offices of states, territories, the District of Columbia and Puerto Rico. GHSA provides leadership and representation for the states and territories to improve traffic safety, influence national policy, enhance program management and promote best practices. Its members are appointed by their Governors to administer federal and state highway safety funds and implement state highway safety plans. Contact GHSA at 202-789-0942 or visit www.ghsa.org. Find us on Facebook at www.facebook.com/GHSAhq. Follow us on Twitter at @GHSAHQ.

     

© Traffic Safety Resource Program
Powered by Wild Apricot Membership Software