 |
||
 |
 |
 |
DUI Charge for "Backseat Driver" Not Unprecedented
Our D.C. DUI lawyers know that as strange as this sounds, it's not unprecedented. Here's what happened, according to The Roanoke Times: The woman and four others were in a late-90's model Saturn traveling on Virginia 24 when she allegedly scooted toward the edge of her seat in the back, reached over the driver and grabbed the steering wheel. This reportedly caused the vehicle to swerve off the road and flip. As a result, all five occupants were transported to the hospital, though all survived. She was charged with reckless driving and misdemeanor DUI. As the prosecutor explained to the media, a DUI charge can be filed against anyone who takes or has physical control of a motor vehicle. It's the same in D.C. as it is in Virginia. In D.C., there are three potential charges someone in this situation might face. There is DWI, under D.C. Code 50-2201.05(b) in which prosecutors have to show that you were:
This is a lower threshold for DUI, which requires prosecutors to show both of the above, in addition to the fact that you were actually impaired as the result of either drug or alcohol consumption. Then there is OWI, which is perhaps the easiest for prosecutors to prove, as they must only show that your ability to operate a vehicle was noticeably impaired by your consumption of alcohol. No blood or breath testing required. But the common thread in each of these, as in the Virginia case, is that you were in physical control of the vehicle. You may have heard of cases in which a person was arrested for DUI, even though they were pulled over at the side of the road, sleeping in the back seat with the car running only for warmth. It's the same kind of concept, except this case has the added reckless driving charge because when someone allegedly grabs the wheel, there is more of an active role in the situation. Of course, there are some scenarios when a person may grab the wheel out of reflex or for safety. For example, if the driver falls asleep or is also intoxicated, there are some situations where such action might be warranted, even if it doesn't always have the desired positive outcome. That's one possible defense. We do know, however, that the Virginia Supreme Court recently upheld a conviction in a very similar case there. In 2003, a man was found guilty in 2003 of DUI after prosecutors say he was drunk and grabbed the steering wheel of a relative's vehicle and caused it to crash. In this case, the defendant's version of events was not supported by others in the vehicle. Additionally, hospital staff reported she was screaming, shouting and using profanity and abusive language toward them. That is not likely to aid her credibility with regard to her interpretation of the events that evening. She reportedly made no effort to hide the fact that she was intoxicated, but went on to say it didn't matter because she wasn't the person driving. But it does matter, even though officers indicated the act was carried out more as a misguided attempt at horseplay than anything malicious. This defendant's license had already been revoked due to a 2011 DUI conviction. If you are facing DUI charges in D.C., contact the Law Office of Daniel A. Gross, PLLC at 202-596-5716. 
Add new comment
|
A 23-year-old Virginia woman was arrested for DUI recently, although she was never actually in the driver's seat. As far as we know, she never had possession of the keys and she never was reportedly seated in the back seat at the time the crash occurred.
Breathalyzyer Challenge in Florida Could Eventually Impact D.C. Cases
Our D.C. DUI defense attorneys know this case could be important because, while it may not have an immediate or direct impact on us here, a successful win would mean a better working knowledge of how these machines work. In turn, that's going to mean more chances for us to challenge its reliability in court. D.C. police only just started back up again with breathalyzer use, following a two-year suspension of the program amid findings that he machines were spitting back readings that were erroneously skewed too high. Hundreds of pending DUI cases were tossed. Now that the machines are back - and D.C. DUI laws are tougher than ever - we have a real concern that these machines still are not as reliable as police and prosecutors purport. In the Florida case, three defendants argue that they need access to the software in order to prove that they are inaccurate. As the D.C. cases showed, inaccuracy is not a wild, shot-in-the-dark claim. However, the problem for the supreme court is that:
Attorneys for the manufacturer say the data requested by the defendants is a trade secret. Even if that were true (and we don't believe it is), does that outweigh liberty and justice for the literally tens of thousands who are accused of serious criminal charges each year in this country using these devices? In hearing oral arguments earlier this month, the justices indicated they were hesitant to force any company to hand over documents or information across state lines, even if doing so made good logical sense. What they could alternatively do is impose strict, daily fines on the actual agent in the case - law enforcement - until they agree to turn over the information. Of course, it's information they don't have and they would have to get it from the company. If the company refuses to hand it over, Florida prosecutors may be inclined to drop those pending cases, while law enforcement may decline to continue using devices they can't defend in court. But that's only if the court sides with the defendants. Another possibility is that the state legislature could pass some sort of law or the state's department of law enforcement could adopt an administrative rule that would require out-of-state manufacturers of such devices to disclose the information being requested here. All of this may be irrelevant in cases where blood tests have become the favored piece of evidence. But as we in D.C. well know, use of the breathalyzer is still extremely common - and troubling. If you are facing DUI charges in D.C., contact the Law Office of Daniel A. Gross, PLLC at 202-596-5716.
D.C. Commercial DUI: Lower Threshold, Higher Stakes
Our D.C. DUI defense lawyers know that the stakes in drunk driving cases are much higher for those who depend on their ability to drive in order to make a living. In this case, as in many, it doesn't even matter if the offense occurred while you were actually on the job or in your company-owned vehicle. In this case, the truck driver had gotten both DUI charges while he was off-duty, in his private vehicle. Previously, the truck driver and his attorney had successfully argued in county court that the lifetime ban was invalid because the existing language in the state law isn't crystal clear. The county court agreed. But the superior court judge found that state lawmakers did intend for professional drivers to lose their commercial driver's licenses when they were convicted of two or more DUIS - regardless of whether they were in their own vehicles. The driver here had pleaded guilty to two separate DUI charges in 2010. The second time, he was ordered to serve between six months to a year in jail. This incident too proves why it's generally not prudent to simply plead guilty to these charges, no matter what the evidence. A DUI conviction on your permanent record often has unforeseen consequences well into the future. In D.C., the laws governing commercial drivers and DUIs just got tougher. The Comprehensive Impaired Driving Act of 2012, emergency legislation that went into effect in July of last year, not only set tougher penalties for first-time DUI offenders and those with especially high blood alcohol content, it also took aim at commercial drivers. Commercial driver's licenses are required for more than just operation of a tractor-trailer. Think motor coaches, buses, limousines and taxis. Stripping someone of their commercial license, especially when their other professional experience is limited, can be a one-way ticket to poverty. The new law reduced the allowable BAC content for commercial drivers in D.C. from 0.08 percent, as it is for most other drivers, down to 0.04 percent. For a 200-pound person, that is generally somewhere between 2 and 3 drinks. For those commercial vehicle operators who are arrested for DUI in D.C., they will have to serve a minimum mandatory 5 days in jail, in addition to whatever other penalty they receive. Much of that may depend on your blood alcohol content at the time you were arrested. All drivers with a BAC higher than 0.30 percent will face a minimum of 20 days behind bars, per the new law. D.C. doesn't have a lifetime ban on commercial driver's licenses for DUIs like Pennsylvania, but commercial drivers' privileges are governed by the Federal Motor Carrier Safety Association. That agency bars any operation of a commercial vehicle within four hours of alcohol consumption. Refusal to take a breathalyzer or blood test following an accident could result in commercial license revocation. Further, drivers who are found to have engaged in the "misuse of alcohol" have to be evaluated by a substance abuse professional before they are allowed back on the road. If you are facing DUI charges in D.C., contact the Law Office of Daniel A. Gross, PLLC at 202-596-5716.
|
The Florida Supreme Court is currently weighing a request by DUI defense attorneys in that state to compel the Kentucky-based manufacturer of the Intoxilyzer 8000 breath machine to hand over evidence showing how the device calculates blood alcohol measurements.
A state court in Pennsylvania recently overturned a lower court's decision and ruled in favor of a lifetime revocation of the commercial driving license of a trucker who was twice convicted of DUI.