Blog Topic

Another One Bites the Dust(in)
Posted by: Zach Peagler
April 21, 2009

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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The Snake Slips Through The Hands of Justice?
Posted by: Zach Peagler
November 14, 2008

Finally, a topic that should peak the interest of natives of my home state, although to varying degrees: Auburn fans were secretly (or not-so-secretly) hoping for a black eye to the Alabama nation, while Alabama fans are reveling in the recent acquittal of one of their most famous (and infamous) former players... Hall of Famer Kenny "The Snake" Stabler was recently acquitted of charges stemming from an arrest for DUI last summer. (http://www.al.com/news/press-register/metro.ssf?/base/news/1226225809139990.xml&coll=3&thispage=1) or (http://legalschnauzer.blogspot.com/2008/11/stabler-dui-case-raises-questions-about.html)

This probably does not come as a surprise to the general public. It has been my experience in talking with people outside of the legal community, that they believe that a famous person with a healthy bank account will always win. Never has this theory gained more empirical evidence than in the case of O.J. Simpson (part 1 - part 2 he lost because he no longer had any money). But the interesting part, to me, lies in the legal nuances used by the defense to secure acquittals. In OJ's case, it was the now famous, "if the glove don't fit, you must acquit" line delivered by the late, legendary Johnnie Cochran. In Stabler's case, it was not nearly as sexy, but the defense attorney used a venomous procedural tactic to help defeat the prosecution's case.

In Alabama, by statute, an arresting officer must monitor a driver suspected of driving under the influence for 20 minutes after his or her arrest prior to attempting to administer a breath test. This procedural mechanism is in place to ensure that there are no factors present that can skew a breath test, such as alcohol, gum, breath mints, or vomit in the mouth. Perhaps because a defendant's liberty is in jeopardy in a DUI case, procedural safeguards such as this are taken very seriously by most courts. For example, we have had cases dismissed or our client's Driver's License Suspension stayed for failure of the arresting officer to sign the AST-60, or for failure of the officer to appropriately state the probable cause for stopping our client for suspicion of DUI.

In Stabler's case, the Municipal Judge agreed with the defense that because this procedural safeguard was not observed, the evidence that Stabler, in fact, refused to take the breath test was inadmissible. Without this evidence, the prosecution's case fell apart. Apparently, the video evidence of the arrest did not show Stabler in an apparently intoxicated state, nor match up with the arresting officer's testimony that Stabler's speech was slurred. To many, this was just another example of a lawyer manipulating the system to gain the acquittal of an apparently guilty man. However, it is important to remember that Stabler maintained his innocence from the outset. Remember that old adage from elementary school? One of the greatest principles of this country is that an accused is innocent until proven guilty. To me, it's a case of the system getting it right.

Drive Safe,

Zach

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Even the Famous Aren't Immune
Posted by: Zach Peagler
June 21, 2008

While browsing for updates or interesting stories from this week, I came across this story (http://www.usatoday.com/life/people/2008-06-19-young-jeezy_N.htm) claiming that famous performer "Young Jeezy" was recently charged with DUI near Atlanta, Georgia. Two interesting points came immediately to mind upon browsing the article:

1. Do Not Drive without a license tag! Ever. But especially if you're going to have a few drinks with dinner. That's a obvious, but it's also important to remember to renew your tag before it expires. I am as guilty as anybody on this front, as I've been pulled over (and ticketed!) each of the past two years for forgetting to renew my tag. In each instance, I had moved and not received notice to renew like I was accustomed to; now I set myself a calendar reminder and don't rely on the government to remind me! Anyway, a common and easy excuse for a police officer to pull you over is for an expired tag, and if you're on your way home from dinner with a couple of glasses of wine, it may be all the excuse they need to legitimize their traffic stop and charge you with DUI.

2. I found it interesting that the police would not say how fast "Young Jeezy" was traveling. In this particular case, the police can likely legitimize their stop if it is in fact true that the vehicle had no tag, but in other cases this information would be critical. Remember, the police need a legitimate reason to pull you over! And hiring good legal counsel should ensure that these type issues are explored!

Drive safe,

Zach

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