Blog Topic

Take Me Away Occifer!
Posted by: Zach Peagler
November 04, 2009

We all know those responsible citizens who help keep our roads safe by calling in suspected drunk drivers via 911. We also all know the lesser responsible citizens who get pulled over as a suspected drunk driver. But I'll wager that you've never known a simultaneously responsible and less responsible citizen that has turned herself in for drunk driving. That is exactly what happened to one woman in Clark County. It conjures a vision of Nicholas Pileggi, "I don't go to jail unless I want to. Unless I make myself get caught." Mission accomplished.

Apparently this woman was driving herself home from a night of drinking several brandy and Cokes when she realized she was driving while intoxicated. She called 911 to report a drunk driver: herself. The dispatcher asked if she was behind the drunk driver, to which she cleverly replied, "No. I am them." She pulled over to the side of the road and turned on her flashers, awaiting the police. The officers gave the driver field sobriety tests, which she failed. Her blood alcohol level was .017.

So while I applaud her sense of civic duty, I find myself asking in disbelief, "Really?"

http://news.aol.com/article/wisconsins-mary-strey-reports-herself-as/747678

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Find a Penny, Pick It Up... But Don't Suck On It.
Posted by: Zach Peagler
November 05, 2008

Here is a story that I recently found on the internet that made me sit back and wonder, "Can you beat a breathalyzer?"

In Blackpool, a United Kingdom electrician tried unsuccessfully to beat a breathalyzer test with a copper coin in his mouth. Martyn Shepherd, 47, was stopped while driving a Vauxhall Combo van in St. Annes.

According to the police report, Shepherd was not steady on his feet and had a copper coin in his mouth, which some believe will have an adverse influence on a breath test. Shepherd had over 61 micrograms of alcohol in his system, although the legal limit in the UK is 35 micrograms.

So, unfortunately for this "bloke," the old wives tale did not work. But, does eating breath mints or chewing gum deceive the machine? Again, no. Breath mints and gum do nothing more than mask the odor of alcohol on the breath and they cannot alter the alcohol content of the breathalyzer. In fact, mouthwash and some breath sprays may actually increase the amount of alcohol registered in your mouth, so think twice before taking a quick pull off the Listerine as the officer approaches your vehicle.

What about burping, I've been asked? Again, myth. Breathalyzers measure air from deep in the lungs and burping may actually increase a reading. To offset these false positives officers are supposed to wait 15 minutes in between administering the two readings required in a traffic stop.

It is assumed that the alcohol which is contained deep in your lungs can be accurately measured from these devices. (Their proponents say that this assumption is based on years of scientific evidence and tweaking.) Following this logic one would also assume that whatever measurement the machine records clearly reflects the amount of alcohol affecting your decision making process. However, from a defense lawyer's standpoint, the sole purpose of the breathalyzer is to make it easier to convict you of DUI. Therefore, we recommend that potential clients keep their lips sealed, and do no field tests if they want the best possible chance of avoiding a DUI conviction... No matter how much loose change, gum, or mouthwash they may have in the glove box.

Drive Safe,

Brett

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WHATEVER YOU DO, DON'T DO THIS...
Posted by: Brett Hollett
July 03, 2008

WHATEVER YOU DO, DON'T DO THIS...A recent story from the NY Times http://www.nytimes.com/aponline/us/AP-Store-Crash.html states a 74 year old woman from Norwalk, CA plowed her car through the front window of a convenience store and then proceeded to get out of her Cadillac and walk over to the cooler and grab a six pack of Budweiser. Needless to say the cashier declined the sale and instead called the police. Mrs. Rice was arrested for DUI and then released on $15,000.00 bail.

Do not drink and drive. If you have had anything to drink try not run into large inanimate objects and do thousands of dollars worth of damage. If this object happens to be your local convenience store, do not attempt to play it off by just going over to the counter and placing a six pack of beer on the counter. I wonder if Mrs. Rice always remembered to leave a penny instead of taking a penny.

Drive Safe,

Brett

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