June 2012

Last month I wrote a post on the topic of out-of-state priors. I mentioned that in California, for someone to be charged with driving under the influence, the suspect must have actually and voluntarily driven a vehicle.

The following facts are fairly typical of what happens in a disturbing number of DUI cases:   Ohio: Federal Court Overturns Bogus DUI Arrest Chillicothe, OH.  June 19 — A sober woman is fighting back after she was falsely arrested and imprisoned for driving under the influence of alcohol (DUI). The Sixth Circuit US Court […]

Roger Hernandez, a month before his own DUI arrest, introduced a bill that would allow misdemeanor offenders, including DUI offenders, who are sentenced to jail to receive work release credit for participating in educational, vocational, drug treatment, or other programs instead of jail time.

The case of Helmandollar v. Department of Motor Vehicles essentially allows the court, with the agreement of the judge, prosecutor and defense attorneys, to conduct a quasi-trial for the sole purpose of obtaining an acquittal on the 23152(b) charge so that defendant’s licenses may be reinstated.

I've written in the past about the guilty-until-proven-innocent approach to DUI license suspensions and the almost complete lack of due process.  See, for example, "Due Process" for DUI License Suspensions, Secret Memo: DMV License Suspension Hearings Rigged and Judge: DUI License Suspension Hearings "Unacceptable".       In California, for example, when a citizen is suspected of […]