Drinking under the influence an issue that affects a number of students. According to Alcoholalert.com, Georgia ranks sixth in the nation for number of alcohol related deaths. Defensive driving courses offer a plethora of information regarding DUI punishment.
By definition driving under the influence means anyone operating a vehicle after recently consuming alcohol or drugs.
In terms of alcohol, there are two statutory offenses. The first is if the driver appears to be under the influence, for example, driving erratically or failing field sobriety tests. The second is if the driver has a blood alcohol concentration level higher than 0.08%. However, commercial drivers require a BAC level of 0.04% and 0.02% for persons under 21.
Implied Consent Law states that a licensed person operating a vehicle gives automatic consent to be tested for alcohol when pulled over by an officer. If a person refuses to be tested, they are liable to be arrested.
According to Fieldsobrietytests.org, there are only three standardized tests as approved by the National Highway Traffic and Safety Administration. These tests are the one-leg stand, walk and turn and horizontal gaze nystagmus test. Officers may also use non-standardized tests like counting backwards, Rhomberg stationary balance test and the hand-pat test among others.
Factors that affect BAC include age, gender, altitude, body weight, food consumption, illness, and medicine consumption.
To measure the BAC level, a breathalyzer is usually used. Though the device estimates the BAC level, they are fairly accurate and permissible in court.
“There is no fail-proof way to outsmart the breathalyzer. The common myths to confuse a breathalyzer are sucking on pennies and consuming mints or mouthwash. Actually, mouthwash would give someone a higher BAC level because of its alcohol content,” said Gary, a DUI offender.
These offenses are usually considered a misdemeanor punishable for up to 1 year in jail. However, multiple offenders and offenders who cause injury, death or property damage are felonies punishable for a longer jail sentence in state prison.
Possible consequences for a DUI conviction include: $300 to $5000 fine, 24 hours to 12 months jail time, 40 hours of community service, and probation, Risk Reduction Program, and license suspension for one to five years.
“I lost my freedom. You never know how valuable just being able to drive to the store when you want to is until you don’t have that freedom to do so,” said Gary. “I didn’t realize the severity of consequences both personal and those that affect others.”
The first DUI offense is three days in the Risk Reduction Program and the second offense is 17 weeks in the program. The Risk Reduction Program can include clinical evaluations and defensive driving classes. It is a very time consuming commitment with some classes lasting as long as six hours for one session.
A probation officer requires a monthly fee in addition to a fine, payment of classes and license reinstatement. Everything in total could add up to be around $14,000 depending on the severity of the offense.
It may also be required to install an ignition interlock device once the suspension is completed. IID prevents drivers with a high BAC from starting a vehicle. You must blow into the breathalyzer device before you start the car and every 15 to 30 minutes throughout the duration of your drive. Five minutes is allowed after the IID signals to blow into the device, so it is suggested to pull over immediately to complete the test. If the breathalyzer detects alcohol it will lock the ignition. The IID costs $150 to install in the car and $75 monthly, which does not include the maintenance fee each time a technician has to come to re-calibrate the device if it locks.
“The IID records everything. If it loses power from the battery dying or un-hooking the wires it records it. Every use is recorded and re-calibrated monthly,” said Gary.
Leigh Codner, licensed professional counselor for the West Georgia DUI Risk Reduction in Carrollton said, “A lot of people think that with a little extra effort and concentration they’ll be fine, but that’s not the case. Consuming alcohol impairs your reaction time, judgment and a lot of people just do not know their limit.”
Driving under the influence involves more people than just the driver. Any person sharing the road with the driver is also in danger.
“In February 2008, I was hit by a drunk driver, driving on the wrong side of the street, by the CVS Pharmacy on Maple Street. I was just happy to be alive and be with my mother later that evening. Her irresponsibility and selfishness almost cost me my life. If I had anything to tell her now, I would simply say to think about your actions because you don’t know how they will affect others. People should always have a designated driver if they are going to drink, even just one drink,” said UWG senior Annalysce Baker.
“I have a wife and a daughter. How am I supposed to provide for my family if I can’t do something as simple as driving to and from work? I want people to know that driving drunk is not worth it. People always told me about the consequences of driving drunk, but I didn’t listen. Please don’t have to learn from your mistakes, some could be deadlier than others,” said Gary.
Source
Tuesday, December 15, 2009
Saturday, November 28, 2009
DUI: IT'S NOT ONLY ABOUT DRINKING AND DRIVING
It's widely assumed that DUI (driving under the influence) refers to drunken driving only. The reality is that law enforcement officers frequently issue DUI citations to impaired drivers operating a vehicle while under the influence of illegal drugs and even prescribed drugs.
Here in Arizona, the governor recently signed a bill into law eliminating a DUI exemption for methadone users. Methadone is a synthetic opioid used to treat heroin addiction. Recovering addicts using methadone had been allowed to drive after taking the substance. Now they are subject to the same impairment standards as all other drivers.
A 2006 study of drivers showed that 13.3 percent drove under the influence of an illicit drug or alcohol at least once that year. The percentages of impaired drivers was especially high among teens and young adults, peaking with 31.8 percent of drivers aged 22 admitting that they'd driven at least once in a year's time while under the influence of drugs or alcohol.
That same year, Arizona drunk drivers killed 585 people across the state.
Arizona is one of 15 states in which it is illegal to operate a motor vehicle if there is any detectable trace of a prohibited drug in the driver's blood.
In most first-offense Arizona DUI cases involving drugs, the main legal repercussion is license suspension. If you're convicted of a DUI drug offense, your license is automatically revoked for a year. You're also ineligible for a permit allowing you to drive to and from work.
Contrast that with a DUI conviction involving alcohol: you may get your suspended license back after 90 days, and you may be eligible for a work permit as well.
Source
Here in Arizona, the governor recently signed a bill into law eliminating a DUI exemption for methadone users. Methadone is a synthetic opioid used to treat heroin addiction. Recovering addicts using methadone had been allowed to drive after taking the substance. Now they are subject to the same impairment standards as all other drivers.
A 2006 study of drivers showed that 13.3 percent drove under the influence of an illicit drug or alcohol at least once that year. The percentages of impaired drivers was especially high among teens and young adults, peaking with 31.8 percent of drivers aged 22 admitting that they'd driven at least once in a year's time while under the influence of drugs or alcohol.
That same year, Arizona drunk drivers killed 585 people across the state.
Arizona is one of 15 states in which it is illegal to operate a motor vehicle if there is any detectable trace of a prohibited drug in the driver's blood.
In most first-offense Arizona DUI cases involving drugs, the main legal repercussion is license suspension. If you're convicted of a DUI drug offense, your license is automatically revoked for a year. You're also ineligible for a permit allowing you to drive to and from work.
Contrast that with a DUI conviction involving alcohol: you may get your suspended license back after 90 days, and you may be eligible for a work permit as well.
Source
Sunday, November 15, 2009
Grant money to fund DUI task force van
The Pinal County Sheriff's Office recently received a $300,000 grant from the Arizona Governor’s Office of Highway Safety to purchase a regional DUI Task Force van.
Sheriff Paul Babeu is holding a press conference at Carr-McNatt Park in Casa Grande on Friday, Oct. 2, at 5 p.m. to allow the public to view and tour the van. Aberto Gutier, director of the Governor's Office of Highway Safety and other community leaders also will be on hand to answer questions.
The Pinal County Regional DUI Task Force van will be used to conduct weekly enforcement efforts throughout the county and will provide a strong visual deterrent to warn drivers about the dangers of driving while impaired by alcohol and drugs.
Arizona has a targeted program aimed at reducing alcohol-related fatalities; the core of which is an extensive network of DUI task forces conducting multi-agency enforcement and checkpoints throughout the state. The Pinal County Sheriff’s Office, founding partner of the Pinal County Regional DUI Task Force, has partnered with 13 law enforcement agencies across Pinal County to combine resources and implement multi-agency DUI details in an effort to impact impaired driving related incidents.
Sheriff Babeu is a strong proponent of the enforcement of state DUI and impaired-driver laws.
“It was crucial that the largest law enforcement agency in the county, PCSO, spearhead this task force and support the agencies we work with," Babeu said. "Knowing alcohol-related collisions are the leading cause of death for people between the ages of six and 33, and that more than 50 percent of all fatal collisions in Pinal County are alcohol-related shows us there is a serious problem that we can have a definite impact on if we work together through strict enforcement and zero tolerance."
Babeu said he's appreciative of the support from the Arizona Governor’s Office of Highway Safety
“The funding provided for this DUI van will undoubtedly improve the safety of our residents by providing our law enforcement agencies a place to safely and more efficiently process those suspected of driving while impaired,” Babeu said.
Source
Sheriff Paul Babeu is holding a press conference at Carr-McNatt Park in Casa Grande on Friday, Oct. 2, at 5 p.m. to allow the public to view and tour the van. Aberto Gutier, director of the Governor's Office of Highway Safety and other community leaders also will be on hand to answer questions.
The Pinal County Regional DUI Task Force van will be used to conduct weekly enforcement efforts throughout the county and will provide a strong visual deterrent to warn drivers about the dangers of driving while impaired by alcohol and drugs.
Arizona has a targeted program aimed at reducing alcohol-related fatalities; the core of which is an extensive network of DUI task forces conducting multi-agency enforcement and checkpoints throughout the state. The Pinal County Sheriff’s Office, founding partner of the Pinal County Regional DUI Task Force, has partnered with 13 law enforcement agencies across Pinal County to combine resources and implement multi-agency DUI details in an effort to impact impaired driving related incidents.
Sheriff Babeu is a strong proponent of the enforcement of state DUI and impaired-driver laws.
“It was crucial that the largest law enforcement agency in the county, PCSO, spearhead this task force and support the agencies we work with," Babeu said. "Knowing alcohol-related collisions are the leading cause of death for people between the ages of six and 33, and that more than 50 percent of all fatal collisions in Pinal County are alcohol-related shows us there is a serious problem that we can have a definite impact on if we work together through strict enforcement and zero tolerance."
Babeu said he's appreciative of the support from the Arizona Governor’s Office of Highway Safety
“The funding provided for this DUI van will undoubtedly improve the safety of our residents by providing our law enforcement agencies a place to safely and more efficiently process those suspected of driving while impaired,” Babeu said.
Source
Wednesday, October 28, 2009
College board president to plead guilty to Arizona DUI
Maricopa Community Colleges board President announced in a September board meeting that she was arrested for DUI on July 11.
At the time Colleeen Clark was arrested, she had a blood-alcohol level of .204%. She told arresting officers she had consumed just 2 glasses of wine. The arrest occurred in late July, but the announcement was not made until much later. According to Clark, she was waiting to speak with an attorney and determine a course of action before the informed the board of her arrest.
One member of the board is calling for Clark to resign. Debra Pearson says the recent charges is just the latest in a series of behavioral problems for the board president. She claims Clark's behavior has largely escaped media attention until now, but more should have been paying attention in the past.
Pearson says Clark's behavior has been generally irresponsible and has not assisted the board in properly administering the Community College operation. Clark has only been the president for about 9 months, but Pearson claims it will take years to fix the problems she has created by allowing personal issues to get in the way of making much needed decisions for the administration of the campuses.
The DUI is not currently being discussed publicly, but Pearson would like to change that. Clark has already taken responsibility for her actions and announced she intends to plead guilty to the charges. She will face mandatory sentencing under Arizona DUI law. Further information on the DUI arrest and proceedings will not be discussed by the board, according to statements.
The Faculty Association at large has issued a statement saying they are only concerned with the issues the colleges face and not with the personal issues of the board president. For now, the association intends to keep the issue away from matters of board concern.
Source
At the time Colleeen Clark was arrested, she had a blood-alcohol level of .204%. She told arresting officers she had consumed just 2 glasses of wine. The arrest occurred in late July, but the announcement was not made until much later. According to Clark, she was waiting to speak with an attorney and determine a course of action before the informed the board of her arrest.
One member of the board is calling for Clark to resign. Debra Pearson says the recent charges is just the latest in a series of behavioral problems for the board president. She claims Clark's behavior has largely escaped media attention until now, but more should have been paying attention in the past.
Pearson says Clark's behavior has been generally irresponsible and has not assisted the board in properly administering the Community College operation. Clark has only been the president for about 9 months, but Pearson claims it will take years to fix the problems she has created by allowing personal issues to get in the way of making much needed decisions for the administration of the campuses.
The DUI is not currently being discussed publicly, but Pearson would like to change that. Clark has already taken responsibility for her actions and announced she intends to plead guilty to the charges. She will face mandatory sentencing under Arizona DUI law. Further information on the DUI arrest and proceedings will not be discussed by the board, according to statements.
The Faculty Association at large has issued a statement saying they are only concerned with the issues the colleges face and not with the personal issues of the board president. For now, the association intends to keep the issue away from matters of board concern.
Source
Monday, October 12, 2009
DUI in Arizona
Arizona and every other state has DUI laws that are meant to stop drivers from getting behind the wheel of a car after a few glasses of wine, or beer, or alcohol. The limit in our state, sometimes ironically called the "legal limit," is .08%. The best advice any attorney can give you is don't drink and drive. Period. Imagine how many cab rides you can pay for with the money you'd spend on fines and attorneys' fees in a DUI case.
So, let's say you've left the party thinking you're okay to drive only to have the flashing red and blues greet you. How to handle the DUI stop? First, stay in your car unless the officer asks you to step out and if you have your seat belt on, leave it on! Second, know these ten things:
1 - Provide identification. The officer will ask for your driver's license and registration. How easily you find these items will be noted on the officer's report. If you fumble around for them, it will look like you've had too much to drink.
2 - Politely refuse to take field tests. Field tests for DUI are: walking the line, touching your finger to your nose, counting on your fingers, saying your ABCs, holding your leg up while counting, and HGN, the one where the officer asks you to follow a light with your eyes. When you do field tests, you are giving evidence that will be used against you. There is no law requiring you to do the tests. Some officers will tell you they will take you to jail if you don't do the tests. Don't fall for it. They were going to take you to jail anyway.
3 - If asked, politely explain that you will not agree to a search of your car. If the officer has to ask you to agree, it's a red flag. Just say no. If an officer has enough reason to get a search warrant, he or she will. If not, then why search? Usually the question will come at you like: You don't mind if I look in your car, do you? You don't have a problem with my looking in your car? I'm just going to take a quick look inside, okay? Say no--politely, but firmly--and don't explain. And hope your no makes it into the report.
4 - Politely refuse to answer questions. Usually the officer will ask you a few questions about what you've had to drink and then move on to more questions later at the station. Your best response is: "I can only answer your questions on the advice of my attorney." You don't have to call an attorney right then. The statement effectively stops any questioning of you by invoking your constitutional rights. Even when the officer reads Miranda rights to you, the answer should be the same.
5 - Cooperate, cooperate, cooperate. Cooperation means having a good attitude and being polite. It doesn't mean answering questions or doing field tests or talking. Your attitude, appearance and words all become part of the officer's report. Your disposition indicates your level of intoxication. This is not the time to crack jokes, cry, apologize or confess.
Source
So, let's say you've left the party thinking you're okay to drive only to have the flashing red and blues greet you. How to handle the DUI stop? First, stay in your car unless the officer asks you to step out and if you have your seat belt on, leave it on! Second, know these ten things:
1 - Provide identification. The officer will ask for your driver's license and registration. How easily you find these items will be noted on the officer's report. If you fumble around for them, it will look like you've had too much to drink.
2 - Politely refuse to take field tests. Field tests for DUI are: walking the line, touching your finger to your nose, counting on your fingers, saying your ABCs, holding your leg up while counting, and HGN, the one where the officer asks you to follow a light with your eyes. When you do field tests, you are giving evidence that will be used against you. There is no law requiring you to do the tests. Some officers will tell you they will take you to jail if you don't do the tests. Don't fall for it. They were going to take you to jail anyway.
3 - If asked, politely explain that you will not agree to a search of your car. If the officer has to ask you to agree, it's a red flag. Just say no. If an officer has enough reason to get a search warrant, he or she will. If not, then why search? Usually the question will come at you like: You don't mind if I look in your car, do you? You don't have a problem with my looking in your car? I'm just going to take a quick look inside, okay? Say no--politely, but firmly--and don't explain. And hope your no makes it into the report.
4 - Politely refuse to answer questions. Usually the officer will ask you a few questions about what you've had to drink and then move on to more questions later at the station. Your best response is: "I can only answer your questions on the advice of my attorney." You don't have to call an attorney right then. The statement effectively stops any questioning of you by invoking your constitutional rights. Even when the officer reads Miranda rights to you, the answer should be the same.
5 - Cooperate, cooperate, cooperate. Cooperation means having a good attitude and being polite. It doesn't mean answering questions or doing field tests or talking. Your attitude, appearance and words all become part of the officer's report. Your disposition indicates your level of intoxication. This is not the time to crack jokes, cry, apologize or confess.
Source
Monday, September 28, 2009
Services Provided By Arizona DUI Lawyers
In United States several of the toughest laws comes under Arizona when it involve driving under the influence of alcohol (DUI). DUI is a severe crime with major repercussion in Arizona. If we are trapped and thrilled with a DUI fault we can face severe charges including sharp fines, fixed jail term, loss of license, probation and court-mandated meeting.
We need a good lawyer to lead and prevent us from court´s rage, if we are facing DUI charges in Arizona. A skillful equipped DUI lawyer can show us the court method as he or she is already aware of the responsible indicators that the court looks for and he or she also knows the facts that will give the court´s understanding towards us by proving our purity. If proving our purity is not achievable, a good quality Arizona DUI attorney will be capable to cut down the charge and decrease the sentence some, so that we can get our life back.
We can find the best DUI lawyer in many ways that can represent us in Arizona. There are numerous websites where we can find information about many Arizona DUI lawyer, and official companies in Arizona. In these sites we can find complete information on the law firm and lawyer along with their meeting fees and contact information. We can go through the yellow pages and ask families or friends. Once we get a lawyer, we can have good planning with him or her and then make a decision whether to appoint. Our best gamble is do not drink and drive. We´ll protect a lot of aggravation and wealth.
Anyone faced by charges of drunk driving argument in Arizona or the changing cost that potentially chase a DUI capture may wish one of the knowledgeable and most capable DUI lawyer running for them. DUI is illegal offense, which attract illegal liability. Many time people are not alert of the actions regarding the appointment of an Arizona DUI attorney. Online services give a huge collection of resources about lawyer with wide experience in DUI proceedings, which have a character for going to check in suitable cases, rather than demanding out their consumers.
Source
We need a good lawyer to lead and prevent us from court´s rage, if we are facing DUI charges in Arizona. A skillful equipped DUI lawyer can show us the court method as he or she is already aware of the responsible indicators that the court looks for and he or she also knows the facts that will give the court´s understanding towards us by proving our purity. If proving our purity is not achievable, a good quality Arizona DUI attorney will be capable to cut down the charge and decrease the sentence some, so that we can get our life back.
We can find the best DUI lawyer in many ways that can represent us in Arizona. There are numerous websites where we can find information about many Arizona DUI lawyer, and official companies in Arizona. In these sites we can find complete information on the law firm and lawyer along with their meeting fees and contact information. We can go through the yellow pages and ask families or friends. Once we get a lawyer, we can have good planning with him or her and then make a decision whether to appoint. Our best gamble is do not drink and drive. We´ll protect a lot of aggravation and wealth.
Anyone faced by charges of drunk driving argument in Arizona or the changing cost that potentially chase a DUI capture may wish one of the knowledgeable and most capable DUI lawyer running for them. DUI is illegal offense, which attract illegal liability. Many time people are not alert of the actions regarding the appointment of an Arizona DUI attorney. Online services give a huge collection of resources about lawyer with wide experience in DUI proceedings, which have a character for going to check in suitable cases, rather than demanding out their consumers.
Source
Monday, September 14, 2009
5 Things You Should Know About Arizona Super Extreme DUI Convictions
Arizona is one of a few states that has created something referred to as "Super Extreme DUI." A DUI is "Super Extreme" if a person's blood alcohol concentration is .200 or above. While this crime is still a misdemeanor, it carries a minimum jail term that is greater than most first time felonies. There are several characteristics of this crime that make it unique. Here are the five most important:
1. An extended period of an Ignition Interlock Device. All Arizona DUI convictions require a person to install and maintain an ignition interlock device. For a first time regular DUI, the minimum period is one year. A conviction of Super Extreme DUI requires a minimum period of 18 months (or one and one-half years.)
2. Extended jail period. For a regular DUI conviction, there is a minimum jail term of 1 day. For an extreme DUI (BAC result of .150 and below a .200) conviction, there is a minimum jail term of 30 days. For an Arizona Super Extreme DUI, the minimum jail term is 45 days.
3. A better chance of getting your name in lights. The Maricopa County Attorneys' Office has a website that posts booking photos of DUI offenders. While they do not provide explicit details of how they choose who they post pictures of, we do know that they focus on people alleged to have higher blood alcohol test results (i.e. "Super Extreme DUI" and "Extreme DUI.")
4. Out of state offenders will probably go to trial. If you live in another state and get a "Super Extreme DUI", you will have an inherent difficulty with taking a plea offer. Many prosecuting offices offer long periods of jail for these cases. It is not uncommon for them to offer the same amount of jail the person may get if they went to trial and lost. For the person that lives in Arizona, they may be be able to maintain their employment during their jail term if granted work release and / or home detention. However, out of state offenders may not have these options. While most Arizona courts will permit them to do their jail out of state, there are very few out of state jails that will accommodate them. Finding a jail in someone's home state for a few days can usually be accomplished. When it comes to jail terms of 30 to 45 days, it is nearly impossible. Most out of state jails will not accommodate these requests. Consequently, an out of state offender may need to go to trial and fight the Super Extreme allegation. If successful, on that count alone, the minimum jail can be significantly reduced. Thus, trial is often times the best option in these cases.
5. Simply being charged with "Super Extreme DUI" does not mean you will be convicted of "Super Extreme DUI." While prosecutors tend to offer extended periods of jail on these cases, that does not mean a reduction (or even dismissal) is not possible. There are several factors that need to be examined: (1) How far above a .200 is the test result? (2) Were there any problems with the blood testing process? (3) How bad was the driving prior to the traffic stop? (4) Is there a disconnect between how the person was acting and the test result? and (5) Are there any procedural or constitutional violations? Moreover, there are many other factors that may affect the outcome of the case. The general concept is that if the government believes they might lose the case, the better the chance of a reduced plea offer.
Source
1. An extended period of an Ignition Interlock Device. All Arizona DUI convictions require a person to install and maintain an ignition interlock device. For a first time regular DUI, the minimum period is one year. A conviction of Super Extreme DUI requires a minimum period of 18 months (or one and one-half years.)
2. Extended jail period. For a regular DUI conviction, there is a minimum jail term of 1 day. For an extreme DUI (BAC result of .150 and below a .200) conviction, there is a minimum jail term of 30 days. For an Arizona Super Extreme DUI, the minimum jail term is 45 days.
3. A better chance of getting your name in lights. The Maricopa County Attorneys' Office has a website that posts booking photos of DUI offenders. While they do not provide explicit details of how they choose who they post pictures of, we do know that they focus on people alleged to have higher blood alcohol test results (i.e. "Super Extreme DUI" and "Extreme DUI.")
4. Out of state offenders will probably go to trial. If you live in another state and get a "Super Extreme DUI", you will have an inherent difficulty with taking a plea offer. Many prosecuting offices offer long periods of jail for these cases. It is not uncommon for them to offer the same amount of jail the person may get if they went to trial and lost. For the person that lives in Arizona, they may be be able to maintain their employment during their jail term if granted work release and / or home detention. However, out of state offenders may not have these options. While most Arizona courts will permit them to do their jail out of state, there are very few out of state jails that will accommodate them. Finding a jail in someone's home state for a few days can usually be accomplished. When it comes to jail terms of 30 to 45 days, it is nearly impossible. Most out of state jails will not accommodate these requests. Consequently, an out of state offender may need to go to trial and fight the Super Extreme allegation. If successful, on that count alone, the minimum jail can be significantly reduced. Thus, trial is often times the best option in these cases.
5. Simply being charged with "Super Extreme DUI" does not mean you will be convicted of "Super Extreme DUI." While prosecutors tend to offer extended periods of jail on these cases, that does not mean a reduction (or even dismissal) is not possible. There are several factors that need to be examined: (1) How far above a .200 is the test result? (2) Were there any problems with the blood testing process? (3) How bad was the driving prior to the traffic stop? (4) Is there a disconnect between how the person was acting and the test result? and (5) Are there any procedural or constitutional violations? Moreover, there are many other factors that may affect the outcome of the case. The general concept is that if the government believes they might lose the case, the better the chance of a reduced plea offer.
Source
Tuesday, September 1, 2009
Execution method of lethal injection approved
A federal judge Wednesday removed a major obstacle to executions in Arizona, ruling that the state's lethal-injection procedure is similar to one approved by the U.S. Supreme Court.
Executions have been on hold in Arizona since November 2007, when the Arizona Supreme Court postponed the death of convicted murderer Jeffrey Landrigan pending the U.S. Supreme Court's analysis of how inmates were put to death in Kentucky.
The high court's ruling approved the Kentucky protocol, but left the door open for other death-row defendants to question how it was done in their states.
Federal public defenders in Phoenix quickly filed such an appeal in Maricopa County Superior Court on Landrigan's behalf. And they filed a nearly identical suit in federal court on behalf of nine Arizona death-row prisoners who have not yet exhausted their appeals.
The two cases have been simultaneously working their way through the courts with similar arguments and nuances tailored to state and federal law. But the federal case was decided first.
U.S. District Court Judge Neil Wake on Wednesday ruled in favor of the Arizona protocol.
The Superior Court case has yet to be decided, but its outcome likely will be influenced by the federal court decision.
Assistant federal public defender Dale Baich, who oversees both cases, said he will appeal Wake's decision to the 9th U.S. Circuit Court of Appeals.
But Assistant Arizona Attorney General Kent Cattani said he doubted the Appeals Court would overturn the decision, given the state's similarities to the Kentucky protocol.
"The intent is to have the process be as humane as possible," he said.
The Arizona protocol has changed considerably since the state's last execution because of arguments from Baich's office.
As in most states, Arizona's execution process depends on three drugs: a barbiturate to render the inmate unconscious and deaden the pain the other drugs cause; a paralytic to stop breathing and prevent witnesses from seeing involuntary spasms; and a chemical to stop the heart.
Source
Executions have been on hold in Arizona since November 2007, when the Arizona Supreme Court postponed the death of convicted murderer Jeffrey Landrigan pending the U.S. Supreme Court's analysis of how inmates were put to death in Kentucky.
The high court's ruling approved the Kentucky protocol, but left the door open for other death-row defendants to question how it was done in their states.
Federal public defenders in Phoenix quickly filed such an appeal in Maricopa County Superior Court on Landrigan's behalf. And they filed a nearly identical suit in federal court on behalf of nine Arizona death-row prisoners who have not yet exhausted their appeals.
The two cases have been simultaneously working their way through the courts with similar arguments and nuances tailored to state and federal law. But the federal case was decided first.
U.S. District Court Judge Neil Wake on Wednesday ruled in favor of the Arizona protocol.
The Superior Court case has yet to be decided, but its outcome likely will be influenced by the federal court decision.
Assistant federal public defender Dale Baich, who oversees both cases, said he will appeal Wake's decision to the 9th U.S. Circuit Court of Appeals.
But Assistant Arizona Attorney General Kent Cattani said he doubted the Appeals Court would overturn the decision, given the state's similarities to the Kentucky protocol.
"The intent is to have the process be as humane as possible," he said.
The Arizona protocol has changed considerably since the state's last execution because of arguments from Baich's office.
As in most states, Arizona's execution process depends on three drugs: a barbiturate to render the inmate unconscious and deaden the pain the other drugs cause; a paralytic to stop breathing and prevent witnesses from seeing involuntary spasms; and a chemical to stop the heart.
Source
Thursday, August 20, 2009
Another Court Challenges Breath Tests
The California Supreme Court has become the latest appeal court to rule that breath testing machines can produce different results for different people and can be attacked in court by suspected drunken drivers. Courts in Arizona and Vermont have made similar rulings.
At question is the way the breathalyzer machines convert the amount of alcohol vapor in the lungs to an estimate of the level of alcohol in the blood.
The breath-test machines use a scientific formula known as "Henry's Law" to estimate blood alcohol content by the amount of alcohol in the lungs. But scientists say breath-to-blood ratios vary greatly from person to person and can fluctuate due to many factors include body temperature, atmospheric pressure and even some medical conditions.
Attacking Henry's Law
Many states have passed "per se" laws that state that anyone who records a blood-alcohol level of .08 is guilty of driving under the influence regardless of any other behavior or appearance. In other words, someone who displays no visible signs of intoxication can be charged and convicted for DUI based solely on their breath-test results.
In California specifically, the state Supreme Court ruled in 1994 that drivers could not challenge the variability of the breath tests in court. Therefore, most defense attorneys have dropped the practice of attacking Henry's Law.
This latest ruling opens the door again for those challenges and was a welcomed ruling by attorneys who specialize in drunk driving cases.
But law enforcement officials and prosecutors said the ruling will make it much more difficult to gain convictions in cases involving driving under the influence.
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At question is the way the breathalyzer machines convert the amount of alcohol vapor in the lungs to an estimate of the level of alcohol in the blood.
The breath-test machines use a scientific formula known as "Henry's Law" to estimate blood alcohol content by the amount of alcohol in the lungs. But scientists say breath-to-blood ratios vary greatly from person to person and can fluctuate due to many factors include body temperature, atmospheric pressure and even some medical conditions.
Attacking Henry's Law
Many states have passed "per se" laws that state that anyone who records a blood-alcohol level of .08 is guilty of driving under the influence regardless of any other behavior or appearance. In other words, someone who displays no visible signs of intoxication can be charged and convicted for DUI based solely on their breath-test results.
In California specifically, the state Supreme Court ruled in 1994 that drivers could not challenge the variability of the breath tests in court. Therefore, most defense attorneys have dropped the practice of attacking Henry's Law.
This latest ruling opens the door again for those challenges and was a welcomed ruling by attorneys who specialize in drunk driving cases.
But law enforcement officials and prosecutors said the ruling will make it much more difficult to gain convictions in cases involving driving under the influence.
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