Benchmarks: ‘Sleep driving’ defense allowed in DUI case 
By:
Pat Murphy
Published: June 7, 2013
Tags: driving under the influence, drunk driving, DUI, sleep driving, sleep walking
An Oregon man has had his felony drunk driving conviction overturned on the ground that he was improperly barred from presenting a “sleep driving” defense at trial.
Drunk-driving crash is ‘accident’ under ERISA plan
Published: May 29, 2013
Tags: accidental death benefits, drunk driving, ERISA
An alcohol-related automobile crash qualifies as an “accident” under an accidental death and dismemberment plan governed by ERISA, the 4th U.S. Circuit Court of Appeals has ruled in reversing judgment.
DRUNKEN DRIVING
Published: April 17, 2013
Tags: blood draw, drunk driving, DWI, exigent circumstances, Fourth Amendment, search and seizure
The mere fact that blood alcohol evidence dissipates over time does not by itself constitute an exigent circumstance justifying the warrantless blood draw of a drunk driving suspect.
See “High court rejects warrantless blood draw in DWI case”
U.S. Supreme
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High court rejects warrantless blood draw in DWI case
Published: April 17, 2013
Tags: blood draw, drunk driving, DWI, exigent circumstances, Fourth Amendment, search and seizure
The mere fact that blood-alcohol evidence dissipates over time does not by itself constitute an exigent circumstance justifying the warrantless blood draw of a drunken driving suspect, a divided U.S. Supreme Court has ruled.
Hotel faces potential liability for evicted guest’s injuries
Published: April 4, 2013
Tags: drunk driving, duty of care, negligence
A hotel may be liable for injuries suffered by a guest in a drunk driving accident that occurred following her eviction from her room, the Colorado Court of Appeals has ruled in reversing a summary judgment.
State couldn’t convict methadone user of DUI
Published: March 5, 2013
Tags: drunk driving
A driver who took methadone by prescription could not be convicted of driving under the influence in the absence of evidence that he failed to take the drug in accordance with his doctor’s instructions, the Iowa Supreme Court has ruled in reversing judgment.
Benchmarks: Police get green light to download vehicle crash data
Published: February 7, 2013
Tags: automobile exception, drunk driving, Fourth Amendment, involuntary manslaughter, SDM, search and seizure, sensing diagnostic module, vehicular homicide
A California court decided Wednesday that police didn’t need a warrant to download data about a vehicle’s speed and braking in the seconds before a fatal accident.
Benchmarks: Segway rider escapes DWI charge
By:
Pat Murphy
Published: January 24, 2013
Tags: drunk driving, DUI, DWI, Segway
Police caught a Minnesota man tooling down the road with a blood alcohol level over twice the legal limit.
But the man doesn’t have to worry about serious criminal charges because Minnesota courts have decided that his Segway isn’t a motor vehicle under the state’s drunk driving laws.
Texas lawyer’s DUI wristbands draw ire from MADD
Published: November 19, 2012
Tags: attorney advertising, drunk driving, DUI, ethics
A Texas criminal defense attorney’s unique advertising method has drawn the attention – and the ire – of Mothers Against Drunk Driving.
Breath test records admissible against DUI defendant
Published: November 15, 2012
Tags: Confrontation Clause, Crawford v. Washington, drunk driving, Melendez-Diaz v. Massachusetts, Sixth Amendment
A DUI defendant’s Confrontation Clause rights were not violated by the admission of the certificate of calibration for the breath test machine used to determine the level of alcohol in his system, the Kansas Supreme Court has ruled in affirming judgment.
