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78 Hour Trooper Blitz Begins Today
Posted by: Brett Hollett
July 02, 2009
Topic: Legislative Measures

Another holiday weekend is upon us and like most people I am trying to get out of the office as soon as possible. I cannot wait to just sit back, fire up the grill and enjoy the company of family and friends. If you are traveling this 4^th of July weekend you are probably already aware that traffic will be heavy. Alabama state troopers will be out in full force this weekend conducting another statewide traffic "blitz". This blitz will start Thursday at 6:00 p.m. and run through Sunday at midnight. Troopers will be conducting random checkpoints and speeding details.

Last year over 4^th of July weekend there were 16 motor vehicle related fatalities. 3 fatalities were alcohol related and 11 involved drivers or passengers not wearing their seat belt.

Therefore, if you are traveling the Alabama roadways this weekend buckle up and pay close attention not only to your own driving but to those driving around you.

Have a safe and happy 4^th.

Drive Safe,

Brett

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Alabama Crackdown to Last Through Memorial Day
Posted by: Zach Peagler
May 22, 2009
Topic: Legislative Measures

Most people know to drive more carefully during holiday weekends. Whether that is due to logical reasoning or fear of an increased likelihood of being ticketed is up for debate. Alabama Government officials believe they have found a causal relation between an increased police presence and traffic stops, and fewer driving fatalities. This "crackdown" or "blitz" will last through the upcoming Memorial Day weekend. See the following article for a full overview: http://www.al.com/news/birminghamnews/metro.ssf?/base/news/124159775780370.xml&coll=2

Last year, Alabama had the fewest number of fatalities on highways since 1985, so maybe the crackdown is working. Of vehicle related fatalities last year, however, 40% involved drunk drivers. If you and your family or friends are traveling this holiday weekend, please pay extra attention, not only to avoid the headache of a traffic ticket, but because there will be a lot more drivers on the road; that, combined with the festive nature of the Memorial Day weekend will lead to more drunk drivers on the road. The combination is a recipe for very bad things.

Drive Safely,

Zach

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Designated Decoy
Posted by: Brett Hollett
May 04, 2009
Topic: Humor

I'm not one to normally forward chain emails but this one caught my eye and I figured it needed to be shared.

The Designated Decoy

From the state where driving while under the influence is considered a sport, comes this true story.

Recently a routine police patrol was parked outside a bar in Gadsden, Alabama. After last call, the officer noticed a man leaving the bar so apparently intoxicated that he could barely walk. The man stumbled around the parking lot for a few minutes, with the officer quietly observing.

After what seemed an eternity, in which he tried his keys on five different vehicles, the man managed to find his car and fall into it. He sat there for a few minutes as a number of other patrons left the bar and drove off. Finally he started the car, switched the wipers on and off; it was a fine, dry summer night, flicked the blinkers on and off a couple of times, honked the horn and then switched on the lights. He moved the vehicle forward a few inches, reversed a little, and then remained still for a few more minutes as some more of the other patron's vehicles left.

At last, when his was the only car left in the parking lot, he pulled out and drove slowly down the road. The police officer, having waited patiently all this time, now started up his patrol car, put on the flashing lights, and promptly pulled the man over and administered a breathalyzer test. To his amazement, the breathalyzer indicated no evidence that the man had consumed any alcohol at all! Dumbfounded, the officer said, 'I'll have to ask you to accompany me to the police station This breathalyzer equipment must be broken.'

'I doubt it,' said the truly proud Redneck. 'Tonight I'm the designated decoy.'

Drive Safe,

Brett 

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Another One Bites the Dust(in)
Posted by: Zach Peagler
April 21, 2009
Topic: Even the Famous Aren't Immune

Most of you don't follow golf the way that I do, but a friend of mine sent me this story (http://www.golfweek.com/story/johnson-dui-news-033109) recently after I dubbed Dustin Johnson to be "The Ray Lewis of the PGA Tour." I say that tongue in cheek obviously, as Johnson may be the closest thing to a bad boy on Tour, now that John Daly has been suspended and has presumably taken his bus to Europe (http://sports.espn.go.com/golf/news/story?id=3801877 ). As the article mentions, this is not Johnson's first brush with the law, as he apparently purchased bullets for a stolen gun that was later used in a gruesome murder. You don't hear that story on the driving range of the PGA Tour every day. Having stared down involvement in a case of that nature, the pressure of winning on the PGA Tour was child's play for Johnson, and I'm sure this DUI charge will pale in comparison as well.

There wasn't much to notice in the short article from a legal standpoint. However, I did note that the article goes to the length of mentioning that Johnson allegedly committed an unspecified "traffic violation" that resulted in the stop by the State Trooper. This serves as a reminder that law enforcement must have the requisite probable cause to stop your vehicle before they can charge you with DUI. (This begs the question of how they get away with road blocks, an issue we'll tackle in a future blog.) If you are arrested for DUI, make sure you, or preferably legal counsel, reviews the ticket or questions the officer at trial regarding probable cause for both your being pulled over and for questioning you about drinking and driving.

Drive Safely,

Zach

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Motion Practice
Posted by: Zach Peagler
March 14, 2009
Topic: Legislative Measures

An attorney friend of mine sent me a link to the following post on the website of the Orlando-based law firm of Katz and Hidock (http://www.katzandhidock.com/press3.htm), regarding the inadmissibility of breath test results in limited circumstances. In the current, "everyday practice" of DUI defense in Alabama, the admissibility of breathalyzer results does not comeup all that often. This, of course, is mainly due to the large percentage of municipalities that offer a deferred-prosecution alternative for most first-time DUI offenders. However, in recently speaking with a Florida DUI attorney regarding a client I am representing in Alabama that has a Florida driver's license, I realized that deferred prosecution is not an option in Florida. Wow! That certainly changes the dynamic of defending drunk driving charges! The attorney went on to tell me that due to the fact that there were no deferred programs, DUI defense in Florida had become largely a "motion based practice." This means that the battles are fought outside the courtroom, i.e. attempting to suppress the admission of breath test results in court.

I truly believe this same fate awaits Alabama DUI defense practitioners. I can't say for sure when, but political interest groups will do everything in their power to stop the ebbing tide of deferred prosecution, and attempt to have prosecutors enforce the stiffest penalties possible for those found guilty of DUI (or even those not "found guilty"). Our firm, therefore, plans to be ready for that day before it comes. We're going to continue talking to and learning from our Florida counterparts to be ready to wage the fight regarding the admissibility of various test results in DUI prosecution.

Drive Safe,

Zach

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