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Monthly Archives: May 2008
DUI attorney’s wife arrested
How to get busted for DUI – marry a DUI lawyer. The Phoenix New Times reports that Heather Squires, the wife of an Arizona DUI attorney, was arrested and charged with DUI despite not having had a drop of alcohol. … Continue reading
Scott prosecutors publicly challenge judge
Tracey Amick reports that On Friday, Sheriff Ray Nash and Prosecutor Barry Barnette called a press conference to “set the record straight”- claiming the glitch on the tape that dismissed the whole case didn’t exist . . . There was … Continue reading
Posted in DUI DWI Driving Under the Influence, Ethics
Governor vetoes indigent defense funding bill
Our governor has vetoed the statewide public defender system funding bill. Veto message, line 65, $3,993,844.00 non-recurring revenue to fund public defenders and staff. Governor Sanford believes that funding indigent defense sends the wrong message. Message to who? The House … Continue reading
Posted in Legislation
Senator Scott’s DUI dismissed
Senator Randy Scott’s DUI was dismissed today, because the video was missing portions of the audio and no affidavit was submitted by the deputy. S.C. Code § 56-5-2953 mandates videotaping of the incident site, but provides for some exceptions. If … Continue reading
Posted in DUI DWI Driving Under the Influence
The concerned, well meaning citizen – DUI lay witnesses
Often DUI arrests are initiated by other drivers who see someone swerve or are cut off in traffic and then dial 911 to report a drunk driver. Most of the time these people mean well, and sometimes they are right, … Continue reading
Posted in DUI DWI Driving Under the Influence
DUI fanatics
There are things that I read and hear from the get-tough-on-DUI crowd that just amaze me. For example, from George Spaulding’s article yesterday in the Charleston Post and Courier: “Many of us will continue the anti-DUI movement until first-time offenders … Continue reading
Posted in DUI DWI Driving Under the Influence
Mandatory minimum sentences
Woman in Black thinks that a mandatory month in prison should be a prerequisite to working as a judge or prosecutor. I agree. Before we are allowed to make decisions as to just how many months or years a human … Continue reading
Posted in Prison nation
Update on Moncier’s fight in the Eastern District of Tennessee
Any attorney practicing criminal defense law in the Federal Courts should be concerned with what is happening in the Eastern District of Tennessee. Earlier this month, I wrote about how Herb Moncier had been suspended from federal practice. I reviewed … Continue reading
Posted in Ethics
McGrier – South Carolina community supervision statute held unconstitutional
Any person who is convicted of a “no parole offense” as defined in § 24-13-100 must complete community supervision upon their release from jail. Basically, this means when the person is released, after serving 85% of their sentence, they are … Continue reading
Posted in Appellate Opinions
“The DUI Exception to the Constitution”
The DUI Exception to the Constitution, posted by Lawrence Taylor on his DUI blog in 2005, contains a persuasive and often cited speech about the state of our nation’s drunk driving laws. When it comes to DUI’s, there are a … Continue reading
Posted in DUI DWI Driving Under the Influence