Many defense practitioners see problems with both types of breath machines. Both are designed to measure the amount of certain chemicals in the subject’s breath. The chemicals are found in consumable alcohol, but also are present in industrial chemicals and certain nonintoxicating over-the-counter medications. They also may appear when the subject suffers from illnesses such as diabetes, acid reflux disease or certain cancers. Even gasoline containing ethyl alcohol on a driver’s clothes or hands can alter the result. These factors can easily cause a driver to score a false positive, Frechette says. … [Read more...] about New Test for DUI Defense
Michigan state police vehicle test
But in other circles, Section 904 was controversial—so much that it became one of the roadblocks to VAWA’s reauthorization. Critics, including Sen. Charles Grassley, R-Iowa, argued that because reservation juries are composed entirely or mostly of Indians, “the non-Indian doesn’t get a fair trial.” Conservative lawmakers also raised concerns that Section 904 would infringe on defendants’ constitutional rights. (Tribes are not subject to the Constitution because they never adopted it. However, the 1968 Indian Civil Rights Act reproduces many of the Constitution’s due process protections, and tribes may enact their own civil rights laws.) … [Read more...] about Indian tribes are retaking jurisdiction over domestic violence on their own land
Police held the dead man’s finger to the phone, but were unable to unlock it, the Tampa Bay Times reports. Police said they didn’t believe they needed a warrant because there is no expectation of privacy after death; experts interviewed by the newspaper agreed with that assessment. … [Read more...] about Florida cops try to use dead man’s finger to unlock his phone; did they need a warrant?
Although difficult to prove, almost all of these incidents are attributable to recreational users. The hobby has exploded with relatively inexpensive equipment and relaxed regulation; primarily, on-line registration, operating line-of-sight, keeping below 400 feet, observing local laws, and operating not within five miles of an airport. Hobby use is personal, non-commercial use. Any aerial vehicle used in business, is required to obtain a "Section 333" exemption from the FAA and operate the UAS by a certified pilot. A thousand or so exemptions have been issued, but dozens are being approved daily. Commercial drones have not escaped incidents, but none appear to have been aircraft related. … [Read more...] about Will New Technology, Legislation Help Drones and Airplanes Share the Sky?
But she was not charged with drunken driving, the LSJ article says, and one of her lawyers says she had not been drinking. Further, Meridian Township police never gave her even a field sobriety test, even though Nettles-Nickerson requested a breath test, says attorney Andrew Abood. The police “arrested her for drunk driving without doing a single, standard procedure in regards to a drunk-driving arrest.” … [Read more...] about Ex-Judge Spends Night in Jail in Reckless-Driving Case