Sober Drivers Getting Falsely Arrested for DUI

From http://www.dui.com/dui-library/news/sober-drivers-getting-falsely-arrested-for-dui:

"Aggressive police tactics lead to increase in innocent motorists being charged with drunk driving."There has been an increase in the numbers of sober drivers being falsely charged with driving under the influence across the United States. Despite laws that establish a blood alcohol content for intoxication at .08%, law enforcement agencies in several states, Ohio in particular, have adopted a zero tolerance position on alcohol. Both Maryland and the District of Columbia have criminal drunk driving penalties for motorists with a BAC under the legal limit. Drunk driving is a serious issue though the effort to make the streets safer has lead to many innocent drivers being caught up in a legal nightmare.

"A man from Corvallis, Oregon is one such case. Brian Noakes was charged with suspicion of Oregon DUII after a traffic stop for having bloodshot eyes. He explained that he had a cold though the police officer was convinced that he was driving under the influence. While being arrested, Noakes wife asked what was happening and police threatened to Taser her. A breath test showed that Noakes had no alcohol in his system and a urine test came back negative for drugs. The district attorney declined to prosecute the case though Noakes will continue to have a permanent arrest record for drunk driving.

"Washington, like several other states, does not allow arrests for traffic offenses, including driving under the influence, to be removed or expunged from a person’s record. That means that even if a defendant is found innocent or never formally charged, he or she could suffer the consequences of a false arrest for the rest of their life. Noakes’ arrest, in fact, cost him his job.

"Noakes is suing the city of Corvallis and David Cox, the arresting police officer, for violation of his civil rights and false arrest. He also wants an unspecified amount of money for reimbursement of legal fees and damages. An internal police investigation found that the arrest was unlawful and the threats were improper. It was also determined that Cox had a known pattern of unjustified DUI arrests of motorists who were not legally intoxicated. Those arrests helped earn Cox praise for being one of the top DUI enforcers. He has since resigned from the force and left the state.

"The pattern of false arrests for suspicion of driving while intoxicated is not limited to one state or one jurisdiction. More than 150 arrests for drunk driving in Cook County - Chicago were dismissed after a single officer was indicted for felony perjury for falsifying arrest reports. A motorist was accused of Arizona DWI because of what the officer described as slurred speech, when the defendant had actually just had denture work performed. A blood test showed a BAC of .22. Even without evidence of intoxication, the prosecutor filed three felony charges and the defendant eventually spent $12,000 in legal fees to defend herself.

"Last year the National Highway Traffic Safety Administration, with input from the American Beverage Institute, updated its anti-drunk driving slogan to ‘Over the limit. Under arrest’ in effort to acknowledge that one can engage in responsible social drinking and legally drive after. Texas however clings to the old slogan ‘Drink. Drive. Go to Jail.’, leading an Austin DWI attorney to note that a percentage of his clients were not legally drunk at the time of their arrest."

The posts contained in this blog are not intended as legal advice for any specific situation. You should always hire an aggressive attorney with more than 100 jury trials and whom goes to trial every year. There is a difference between someone who will go to trial. Someone who will fight if your are charged in Tallahassee, Florida, Crawfordville, Florida, Quincy, Florida, Perry, Florida, Marianna Florida, Live Oak Florida, Madison, Florida, Lake City, Florida, Apalachicola, Florida, or any of the following counties: Leon, Jefferson, Wakulla, Gadsden, Liberty, Calhoun, Bay, Gulf, Franklin, Taylor, Madison, Dixie, Holmes, Washington, Panama City, Florida, Panama City Beach, Florida for Arrest, Charges, Jail, DUI, Drunk Driving, Driving While Intoxicated, Possession Charges, Trafficking Charges, Drug Possession Charges, Murder, Gun Charges, Firearm Charges, Battery, Aggravated Battery, Aggravated Stalking, Stalking or any State Criminal Charge in the State of Florida.

RePost of Champion Article: 15 Red Flags

Print or Email This Page July 2003, Page p3115 red flags for identifying potentially difficult clientBy John Wesley Hall; Edited by Elizabeth KelleyThis is my list of “15 Red Flags” for potentially difficult criminal defense clients. It was first compiled based on my 30 years of experience both as a practicing criminal defense lawyer tempered by practicing in a medium-size legal market. I also consider what I’ve learned as chair of the NACDL Ethics Advisory Committee and hearing and reading and writing about criminal defense ethics complaints, malpractice suits, ineffective assistance claims, and requests for fee refunds, from which none of us is immune.1 Take them for what they are worth; this is just my own experience,2 and following them will help you avoid, or at least better deal with or just tolerate, problem clients: 1. Who referred the client to you? If it was a former client or word of mouth in the community or even the jail or prison, that means your name is out there. But, if you are so prominent, why did not this person recognize your name and call you first? People who have never been in trouble with the law before usually don’t know what criminal defense lawyers to call. As a result, they may just be shopping around (see number 11). If the client was referred to you by a lawyer, why did that lawyer not want the case or the client? What did that lawyer see wrong with the client or case? If the referral is by a fellow criminal defense lawyer, ask yourself why, and call the lawyer and find out why before you commit. There are multiple possible explanations: the lawyer does not do criminal cases (or that type of criminal case) or did not have time, the lawyer was fired by the client, or the client could not afford the other lawyer’s fee. 2. Is the client a substance abuser? It is axiomatic that this is a common problem in drug cases, but it can show up in other types of cases. Meth abusers are paranoid, usually (but not always) difficult, and virtually always in denial; crack abusers are just in denial but at least can be reasoned with; marijuana abusers are mellow and are seldom a problem. 3. Does the client too readily assign blame for his or her predicament to others?Again, this is a product of denial. If the client is responsible for the crime, is he willing to admit it, or is he always giving excuses and blaming others? If so, he will blame everybody else, including you, for his conviction. If the client is truly innocent, he has a right to assign blame to others. But even the truly innocent will not always blame others. 4. Is the client unduly angry about what got him into the criminal justice system? If so, at whom and why? Is it justified? It may be. The client has a right to blame the cops for the illegal search or some other violation of his or her rights in the conduct of the investigation, but without some acceptance of responsibility that the client knew that what happened was wrong, the client is in denial. 5. Is the client whining about police mistakes as an out?3 Does the client see every potential mistake by the cops and prosecution as an escape route? Whiners invariably ask.6. Is the client obsessed with his case in trying to find excuses? As a corollary of number 5, does the client come in with many pages of handwritten notes about the case? If the notes are a straightforward presentation of the facts, this is good; if they show excuses and unrealistic denials or demonstrate his paranoia, this is bad. Later in the case, do you get reams of repetitive handwritten notes, letters, or e-mails about all the things the cops did wrong or what you need to do? 7. Is the client’s wife or mother the one trying to dominate the conversations? This is always bad in my experience. This usually shows up on the telephone, and it can sometimes be funny: wife, girlfriend, or mom4 is filling in the blanks for the client in the background every time the client speaks a sentence. Cut to the chase and talk directly to her. 8. Does the client argue about your original assessment of the case? That is, does the client have unidentified legal information from “the street” or prison.5 “And what lawyer told you that?” always smokes them out. 9. Always avoid clients who think they know the law better than you. Do they argue with you over the applicable law? You never want them as clients. Tell them that if they think they know the law so well they should represent themselves. 10. What is the client’s reaction to your fee requirements? Never bargain your fees (setting fees is the subject of another column). When they say “money’s no object,” I’ve found that 9 out of 10 times it is, but that’s just my experience. This factor depends upon the lawyer’s experience and normal fees. 11. Avoid clients just shopping around. To me, this is revealed by their not immediately recognizing my name when I return their telephone call. I know from that they have called numerous lawyers, and my name is not immediately apparent to them. They want just anybody. 12. What is your secretary’s or receptionist’s opinion about the client and those with him? Sometimes they say or do strange things while waiting for you. Caution your secretary or receptionist to share such things with you before you commit to taking the case. 13. If your gut tells you “no,” listen. Your gut instinct about the client being a potential troublemaker for you is usually correct. 14. Do you avoid the problem client entirely or do you take the case and factor a multiplier into the fee because you will have to deal with the client? I unabashedly have called this the “AF,” the “asshole factor” at at least two dozen CLEs. Life is too short to put up with assholes, even if they are paying you. If you have to put up with one, make it worth your while. 15. If you took the case and it turned out to be a serious mistake, can you fire the client before it is too late? Counsel may withdraw for good cause, such as the client engaging in conduct that tends to degrade or humiliate the attorney or client’s refusal to cooperate.Notes 1. Yes, even the author has had ethics complaints, malpractice suits, ineffective assistance claims, and requests for fee refunds made by disaffected clients. It happens to all of us at one time or another. We can’t make all clients happy, no matter how hard we try, because some of them have unrealistic expectations. Unrealistic expectations must be avoided (this will be the subject of a later column). The problem here is that these clients have created the unrealistic expectations themselves. 2. Caveat: What I say about fees below obviously does not apply to public defenders. 3. A common refrain: “They didn’t read me my rights.” “Did you make a statement?” “No, of course not.” “Then it doesn’t matter.” “I thought they had to read me my rights.” “Only if they are intending to try to get a statement.” 4. I’ll leave the psychological issues for others, but I’ve often found that the client’s relationship with his mother can be the larger cause of his social problems. 5. Some information from prison legal sources can be quite valuable even to the experienced lawyer, but 90 percent of it is just plain wrong.
National Association of Criminal Defense Lawyers (NACDL) 1660 L St., NW, 12th Floor, Washington, DC 20036 (202) 872-8600 • Fax (202) 872-8690 • assist@nacdl.org
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["NACDL News Releases"," http://www.nacdl.org/public.nsf/freeform/NewsReleases?OpenDocument ",1,0,0],
["National News via CrimeLynx"," http://www.crimelynx.com/thisweek.html ",1,0,0],
[" ___________________________ Issues "," http://www.nacdl.org/public.nsf/freeform/News&Issues?OpenDocument ",1,0,0],
["Attorney-Client Privilege","http://www.nacdl.org/public.nsf/whitecollar/waiver?OpenDocument",1,0,0],
["Booker/Federal Sentencing","http://www.nacdl.org/bookerpress",1,0,0],
["Death Penalty","http://www.nacdl.org/public.nsf/defenseupdates/deathpenalty?OpenDocument ",1,0,0],
["Ethics Opinions"," http://www.nacdl.org/public.nsf/freeform/ethicsopinions?opendocument ",1,0,0],
["Grand Jury Reform","http://www.nacdl.org/public.nsf/freeform/grandjuryreform?opendocument ",1,0,0],
["Innocence Protection ","http://www.nacdl.org/public.nsf/legislation/CI_01_005?opendocument ",1,0,0],
["International Criminal Court ","http://www.nacdl.org/public.nsf/freeform/ICC?opendocument ",1,0,0],
["Legislative Priorities","http://www.nacdl.org/public.nsf/freeform/legislation?opendocument ",1,0,0],
["Prison Reform"," http://www.nacdl.org/goodtimecredit",1,0,0],
["Problem-Solving Courts","http://www.nacdl.org/public.nsf/freeform/drugcourt?opendocument ",1,0,0],
["Terrorism"," http://www.nacdl.org/public.nsf/freeform/terrorism1?opendocument ",1,0,0],
[" ____________________ Members Only "," http://www.nacdl.org/public.nsf/freeform/News&Issues?OpenDocument ",1,0,0],
["NACDL Board Minutes "," http://www.nacdl.org/private.nsf/freeform/boardminutes?opendocument ",1,0,0],
["Committee & Staff Reports "," http://www.nacdl.org/private.nsf/Freeform/reports?OpenDocument",1,0,0],
["Public Affairs Committee "," http://www.nacdl.org/private.nsf/d3580d4bbd3f181f852569850065e138/7edbeb9e4b018228852566d3006c5e7c?OpenDocument ",1,0,0],
["Speaker Resources ","http://www.nacdl.org/private.nsf/speakerresources/srindex?opendocument ",1,0,0]
]
HM_Array11 = [
[225,167,210,"#006699","#000000",
"white","white","#996633","white",
0,0,0,1,1,1,"null","null",],
["Calendar of NACDL Seminars & Events"," http://www.nacdl.org/Meetings?OpenDocument",1,0,0],
["Nationwide Affiliate CLE Calendar"," http://www.nacdl.org/public.nsf/freeform/affiliate_cleschedule?OpenDocument",1,0,0],
["Watch NACDL Webcast CLEs"," http://www.nacdl.org/public.nsf/freeform/NACDLcle?OpenDocument ",1,0,0],
["Order Audio & Video CLE Recordings","http://www.nacdl.org/public.nsf/freeform/NACDLcle?OpenDocument",1,0,0],
["Order Manuals from Past CLEs","http://www.nacdl.org/public.nsf/freeform/NACDLcle?OpenDocument",1,0,0],
["Exhibit Opportunities"," http://www.nacdl.org/public.nsf/freeform/Advertise?OpenDocument&ExpandSection=3#_Section3 ",1,0,0],
[" ____________________ Members Only "," http://www.nacdl.org/public.nsf/freeform/Meetings?OpenDocument ",1,0,0],
["CLE Committee"," http://www.nacdl.org/private.nsf/d3580d4bbd3f181f852569850065e138/ab2dd45560b31db9852566d00080d050?OpenDocument ",1,0,0]
]
HM_Array12 = [ //Foundation
[225,167,430,"#006699","#000000",
"white","white","#996633","white",
0,0,0,1,1,1,"null","null",],
["Mission"," http://www.nacdl.org/public.nsf/freeform/Foundation?OpenDocument ",1,0,0],
["Grant Procedures"," http://www.nacdl.org/public.nsf/freeform/foundation?opendocument ",1,0,0],
["Special Letter"," http://www.nacdl.org/public.nsf/freeform/foundation?opendocument",1,0,0],
["Giving Form "," https://www.nacdl.org/public.nsf/FoundationGiving?openform ",1,0,0],
["Board of Trustees"," http://www.nacdl.org/public.nsf/freeform/foundation?opendocument",1,0,0]
]
HM_Array13 = [ //Indigent Defense
[225,167,300,"#006699","#000000",
"white","white","#996633","white",
0,0,0,1,1,1,"null","null",],
["Current News"," http://www.nacdl.org/public.nsf/DefenseUpdates/news",1,0,0],
["Indigent Defense by State","http://www.nacdl.org/public.nsf/DefenseUpdates/ID_by_State",1,0,0],
["Indigent Defense Pleading Index","http://www.nacdl.org/private2.nsf/freeform/pleadings_index?opendocument",1,0,0],
["Innocence Issues"," http://www.nacdl.org/public.nsf/defenseupdates/innocence?OpenDocument",1,0,0],
["Standards and Guidelines"," http://www.nacdl.org/public.nsf/DefenseUpdates/Standards?OpenDocument ",1,0,0],
["Teaching the Right to Counsel", "http://www.nacdl.org/Gideon",1,0,0],
[" ____________________ Members Only ","http://www.nacdl.org/public.nsf/DefenseUpdates/Index?OpenDocument",1,0,0],
["Indigent Defense Committee "," http://www.nacdl.org/private.nsf/d3580d4bbd3f181f852569850065e138/33eab082b7d52aac852566d3005b1349?OpenDocument ",1,0,0]
]
HM_Array13_1 = [
[], //right-to-left
["Committee Reports","#",1,0,0],
["State Reports","#",1,0,0]
]
HM_Array13_3 = [
[], //right-to-left
["Forum","#",1,0,0],
["Pleadings","#",1,0,0],
["National Defender Training","#",1,0,0]
]
HM_Array13_5 = [
[], //right-to-left
["Start An Innocence Project","#",1,0,0],
["Standards & Guidelines","#",1,0,0],
["Federal Innocence Protection Act","#",1,0,0],
["California Innocence ","#",1,0,0],
["Cardozo Law School, NY","#",1,0,0],
["Center on Wrongful Convictions","#",1,0,0],
["Centurion Ministries, NJ","#",1,0,0],
["Innocence Project Northwest ","#",1,0,0],
["New England","#",1,0,0],
["North Carolina","#",1,0,0],
["New Orleans Innocence Project ","#",1,0,0],
["Santa Clara Innocence Project ","#",1,0,0],
["Utah","#",1,0,0],
["Wisconsin Innocence Project","#",1,0,0],
["Links","#",1,0,0]
]
HM_Array14 = [ // Federal Legislation
[225,167,234,"#006699","#000000",
"white","white","#996633","white",
0,0,0,1,1,1,"null","null",],
[" ____________________ Hot Issues "," http://www.nacdl.org/public.nsf/freeform/Legislation?OpenDocument ",1,0,0],
["Death Penalty","http://www.nacdl.org/public.nsf/defenseupdates/deathpenalty?OpenDocument",1,0,0],
["Detention and Due Process","http://www.nacdl.org/public.nsf/legislation/detainee?OpenDocument",1,0,0],
["Public Defender Education Debt Relief","http://www.nacdl.org/public.nsf/defenseupdates/studentloan?OpenDocument",1,0,0],
["Warrantless Domestic Spying","http://www.nacdl.org/public.nsf/legislation/NSA?OpenDocument",1,0,0],
["Other Issues","http://www.nacdl.org/public.nsf/legislation/IssueArch?OpenDocument",1,0,0],
[" ____________________ Resources"," http://www.nacdl.org/public.nsf/freeform/Legislation?OpenDocument ",1,0,0],
["Comments on Rules & Regulations","http://www.nacdl.org/public.nsf/freeform/Rules&Reg?OpenDocument",1,0,0],
["Legislative Priorities","http://www.nacdl.org/public.nsf/Legislation/Priorities?opendocument",1,0,0],
["Letters & Testimony","http://www.nacdl.org/public.nsf/freeform/Testimony?OpenDocument",1,0,0],
["National Grassroots Network","http://www.nacdl.org/public.nsf/legislation/GrassrootsNetwork?OpenDocument",1,0,0],
["Take Action","http://capwiz.com/cj/home/",1,0,0],
[" ____________________ Members Only "," http://www.nacdl.org/public.nsf/freeform/Legislation?OpenDocument ",1,0,0],
["Legislative Committee ","http://www.nacdl.org/private.nsf/committees/legis?OpenDocument",1,0,0],
["State Legislative Network ","http://www.nacdl-legnet.org/",1,0,0]
]
HM_Array14_4 = [
[], //right-to-left
["Crack Cocaine Sentencing Disparity","#",1,0,0],
["Death Penalty & DNA Evidence","#",1,0,0],
["Fair Criminal Procedures","#",1,0,0],
["Federalization of Crime","#",1,0,0],
["Forfeiture & Money Laundering Reform","#",1,0,0],
["Grand Jury Reform","#",1,0,0],
["Habeas Corpus Restoration","#",1,0,0],
["Immigrants & the Justice System","#",1,0,0],
["Indigent Defense","#",1,0,0],
["Federalization of Crime","#",1,0,0],
["Internal Revenue Code Reform: Section 6050I & Form 8300","#",1,0,0],
["Juvenile Justice","#",1,0,0],
["Law Enforcement Abuses","#",1,0,0],
["Mandatory Minimum Sentences & 'Three Strikes'","#",1,0,0],
["Parent-Child Privilege","#",1,0,0],
["Prosecutorial Ethics","#",1,0,0],
["Racism in the Criminal Justice System","#",1,0,0],
["Right to Counsel","#",1,0,0],
["Right to Electronic Privacy","#",1,0,0],
["Search & Seizure","#",1,0,0],
["Self-Incrimination","#",1,0,0],
["Victims Rights Amendments","#",1,0,0],
["'War on Drugs' Fallout: Redefining Citizens Rights","#",1,0,0]
]
HM_Array15 = [ //Champion
[225,167,280,"#006699","#000000",
"white","white","#996633","white",
0,0,0,1,1,1,"null","null",],
["Featured Articles"," http://www.nacdl.org/public.nsf/freeform/championmag?OpenDocument&ExpandSection=1#_Section1",1,0,0],
["Search All Articles","http://www.nacdl.org/public.nsf/$$searchChampion",1,0,0],
["Authors Wanted"," http://www.nacdl.org/public.nsf/freeform/championmag?OpenDocument&ExpandSection=3#_Section3 ",1,0,0],
["Editorial Guidelines"," http://www.nacdl.org/public.nsf/freeform/championmag?OpenDocument&ExpandSection=4#_Section4 ",1,0,0],
["Advertising Rates"," http://www.nacdl.org/public.nsf/freeform/Advertise?OpenDocument&ExpandSection=1#_Section1 ",1,0,0],
["Subscribe Online"," https://www.nacdl.org/public.nsf/ChampionSubscription?OpenForm ",1,0,0],
[" ____________________ Members Only "," http://www.nacdl.org/public.nsf/freeform/ChampionMag?OpenDocument ",1,0,0],
["Full Access to Articles Online "," http://www.nacdl.org/private.nsf/freeform/new_champion?OpenDocument ",1,0,0],
["Champion Advisory Board "," http://www.nacdl.org/private.nsf/d3580d4bbd3f181f852569850065e138/44548681a4111552852566d00080007b?OpenDocument ",1,0,0]
]
HM_Array16 = [ //Members Only
[225,167,220,"#006699","#000000",
"white","white","#996633","white",
0,0,0,1,1,1,"null","null",],
["Password Request"," http://www.nacdl.org/public.nsf/PasswordRequest?OpenForm ",1,0,0],
[" ____________________ Members Only ","http://www.nacdl.org/members.nsf/openprofile",1,0,0],
["Review Online Profile "," http://www.nacdl.org/members.nsf/openprofile ",1,0,0],
["Committee & Staff Reports "," http://www.nacdl.org/private.nsf/Freeform/reports?OpenDocument",1,0,0],
["Board Minutes "," http://www.nacdl.org/private.nsf/Freeform/BoardMinutes?OpenDocument ",1,0,0],
["Briefs & Motions Bank "," http://www.nacdl.org/BriefBank.nsf/List ",1,0,0],
["Committees "," http://www.nacdl.org/private.nsf/FreeForm/CommitteeIndex?OpenDocument ",1,0,0],
["Directory of Members "," http://www.nacdl.org/members.nsf/Directory ",1,0,0],
["Election Procedures "," http://www.nacdl.org/public.nsf/freeform/electionprocedures?opendocument",1,0,0],
["Listserv "," http://www.nacdl.org/Listserv ",1,0,0],
["State Legislative Network ","http://www.nacdl-legnet.org/",1,0,0],
["Tax Information "," http://www.nacdl.org/public.nsf/freeform/taxinfo?opendocument",1,0,0]
]
HM_Array17 = [ //Lawyer Resources
[225,167,306,"#006699","#000000",
"white","white","#996633","white",
0,0,0,1,1,1,"null","null",],
["Bookstore","https://www.nacdl.org/public.nsf/freeform/nacdlbookstore?opendocument ",1,0,0],
["Cost Saving Programs ","http://www.nacdl.org/public.nsf/freeform/Savings?OpenDocument ",1,0,0],
["Employment Opportunities"," http://www.nacdl.org/public.nsf/freeform/jobs?opendocument ",1,0,0],
["Links to Related Web Sites"," http://www.nacdl.org/public.nsf/freeform/Links?opendocument ",1,0,0],
["Publications"," http://www.nacdl.org/public.nsf/FreeForm/Publications?OpenDocument ",1,0,0],
[" ____________________ Members Only ","http://www.nacdl.org/public.nsf/freeform/privateaccess?OpenDocument",1,0,0],
["Briefs & Motions Bank "," http://www.nacdl.org/briefbank.nsf/List ",1,0,0],
["Committee Initiatives "," http://www.nacdl.org/private.nsf/FreeForm/CommitteeIndex?OpenDocument",1,0,0],
["Directory of Members ","http://www.nacdl.org/members.nsf/Directory ",1,0,0],
["Ethics Advisory Hotline "," http://www.nacdl.org/private.nsf/Committees/ethics?OpenDocument ",1,0,0],
["Forfeiture Abuse Task Force ","http://www.nacdl.org/private.nsf/Committees/forfeiture?OpenDocument",1,0,0],
["Lawyer's Assistance Strike Force ","http://www.nacdl.org/private.nsf/Committees/lawyer?OpenDocument ",1,0,0],
["Listserv ","http://www.nacdl.org/listserv ",1,0,0],
["Talking Points & Speaker Resources "," http://www.nacdl.org/private.nsf/speakerresources/srindex?opendocument ",1,0,0],
["U.S.S.C. Oral Argument Preparation ","http://www.nacdl.org/private.nsf/Committees/supcourt?OpenDocument ",1,0,0]
]
HM_Array18 = [ //Affiliate Organizations
[225,167,350,"#006699","#000000",
"white","white","#996633","white",
0,0,0,1,1,1,"null","null",],
["Locate an Affiliate","http://www.nacdl.org/public.nsf/freeform/affiliate_world_map?OpenDocument ",1,0,0],
["International Affiliates","http://www.nacdl.org/public.nsf/freeform/affiliate_world_map?OpenDocument ",1,0,0],
["Affiliate CLE Calendar ","http://www.nacdl.org/public.nsf/freeform/affiliate_cleschedule?OpenDocument",1,0,0],
["Affiliate News"," http://www.nacdl.org/public.nsf/freeform/affiliate_news?OpenDocument",1,0,0],
["Affiliate Manual ","http://www.nacdl.org/public.nsf/freeform/Affiliate_Manual?OpenDocument",1,0,0],
["State Legislative Network"," http://www.nacdl-legnet.org",1,0,0],
["Benefits of Affiliation ","http://www.nacdl.org/public.nsf/freeform/affiliate_benefits?OpenDocument ",1,0,0],
["Affiliate Expectations","http://www.nacdl.org/public.nsf/freeform/affiliate_whatweneed?OpenDocument",1,0,0],
["Apply for Affiliation today!","http://www.nacdl.org/public.nsf/affiliateapplication?openform ",1,0,0],
[" ____ Affiliate Password Required "," http://www.nacdl.org/public.nsf/freeform/Meetings?OpenDocument ",1,0,0],
["Potential Speaker Database "," http://www.nacdl.org/private.nsf/freeform/Affiliate_speaker_index?OpenDocument ",1,0,0],
["Council of Affiliates ","http://www.nacdl.org/private.nsf/d3580d4bbd3f181f852569850065e138/41e00688a14581ee852566d00081e913?OpenDocument&ExpandSection=1#_Section1 ",1,0,0]
]
HM_Array19 = [ // PRESS ROOM
[225,167,167,"#006699","#000000",
"white","white","#996633","white",
0,0,0,1,1,1,"null","null",],
["NACDL Press Releases","http://www.nacdl.org/public.nsf/freeform/NewsReleases?OpenDocument",1,0,0],
["Amicus Briefs","http://www.nacdl.org/public.nsf/newsissues/Amicus?opendocument",1,0,0],
["Board Resolutions","http://www.nacdl.org/public.nsf/freeform/BoardResolutions?OpenDocument",1,0,0]
]
HM_Array20 = [ // STATE LEGISLATION
[225,167,300,"#006699","#000000",
"white","white","#996633","white",
0,0,0,1,1,1,"null","null",],
[" ____________________ Hot Issues","http://www.nacdl.org/sl_docs.nsf/freeform/nationalissues?OpenDocument",1,0,0],
["Crime Labs/Forensics Reform","http://www.nacdl.org/sl_docs.nsf/issues/CrimeLab?OpenDocument",1,0,0],
["Death Penalty ","http://www.nacdl.org/sl_docs.nsf/issues/DeathPenalty?OpenDocument",1,0,0],
["DNA & Post-Conviction Tests","http://www.nacdl.org/sl_docs.nsf/issues/dna_1?OpenDocument",1,0,0],
["Drug Law Reform","http://www.nacdl.org/sl_docs.nsf/issues/drugreform?OpenDocument",1,0,0],
["Expungement ","http://www.nacdl.org/sl_docs.nsf/Issues/Expungement?OpenDocument",1,0,0],
["Eyewitness ID Reform ","http://www.nacdl.org/sl_docs.nsf/Issues/eyewitnessid?OpenDocument",1,0,0],
["Indigent Defense","http://www.nacdl.org/public.nsf/DefenseUpdates/Index?OpenDocument",1,0,0],
["Innocence Issues"," http://www.nacdl.org/public.nsf/defenseupdates/innocence?OpenDocument",1,0,0],
["Problem-Solving Courts"," http://www.nacdl.org/public.nsf/freeform/drugcourt?OpenDocument",1,0,0],
["Recording Interrogations","http://www.nacdl.org/sl_docs.nsf/issues/MERI/?OpenDocument",1,0,0],
["Sentencing Reform","http://www.nacdl.org/sl_docs.nsf/issues/sentencingreform?OpenDocument",1,0,0],
["Sex Offenders","http://www.nacdl.org/sl_docs.nsf/issues/sexoffenderindex?OpenDocument",1,0,0],
[" ____________________ Resources ","http://www.nacdl-legnet.org",1,0,0],
["State Legislative Network-FAQ","http://www.nacdl.org/sl_docs.nsf/freeform/frequentquestions?OpenDocument",1,0,0],
["Advocacy & Lobbying","http://www.nacdl.org/sl_docs.nsf/freeform/legislativeresources?OpenDocument",1,0,0],
["Network Contacts","http://www.nacdl.org/sl_docs.nsf/freeform/networkcontacts?OpenDocument",1,0,0],
["SLN News","http://www.nacdl.org/sl_docs.nsf/SLNNews/DD5A15A00829688585256F790057F81D?OpenDocument",1,0,0],
["Listservs","http://www.nacdl.org/sl_docs.nsf/freeform/welcome?OpenDocument",1,0,0]
]
HM_Array21 = [ // COMMITTEES
[225,167,242,"#006699","#000000",
"white","white","#996633","white",
0,0,0,1,1,1,"null","null",],
["Members Only -- Password Required","http://www.nacdl.org/private.nsf/FreeForm/CommitteeIndex?OpenDocument",1,0,0],
["Committee & Staff Reports "," http://www.nacdl.org/private.nsf/Freeform/reports?OpenDocument",1,0,0],
["Committee Index ","http://www.nacdl.org/private.nsf/FreeForm/CommitteeIndex?OpenDocument",1,0,0]
]
HM_Array24 = [ // WHITE COLLAR
[225,167,300,"#006699","#000000",
"white","white","#996633","white",
0,0,0,1,1,1,"null","null",],
["Attorney Client Privilege","http://www.nacdl.org/public.nsf/whitecollar/attorney-client?OpenDocument",1,0,0],
["Overfederalization","http://www.nacdl.org/public.nsf/legislation/overcriminalization?opendocument",1,0,0],
["Federal Money Laundering","http://www.nacdl.org/public.nsf/whitecollar/moneylaundering",1,0,0],
["Grand Jury Reform","http://www.nacdl.org/public.nsf/freeform/grandjury?opendocument",1,0,0],
["Sentencing","http://www.nacdl.org/bookerpress",1,0,0],
["Other Federal Legislation","http://www.nacdl.org/public.nsf/WhiteCollar/Federal_Legislation",1,0,0],
[" ____________________ Members Only ","http://www.nacdl.org/public.nsf/whitecollar/WhiteCollar_index?opendocument",1,0,0],
["Brief Bank ","http://www.nacdl.org/private.nsf/freeform/WC_brief_index",1,0,0]
]
document.write("");
}
//end
Find a Lawyer - Public Directory
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______________________Press Room
NACDL Press Releases
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_________________________ News
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NACDL E-NEWS
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NACDL News Releases
National News via CrimeLynx
___________________________ Issues
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Booker/Federal Sentencing
Death Penalty
Ethics Opinions
Grand Jury Reform
Innocence Protection
International Criminal Court
Legislative Priorities
Prison Reform
Problem-Solving Courts
Terrorism
____________________ Members Only
" isLastItem="false" index="22">NACDL Board Minutes
" isLastItem="false" index="23">Committee & Staff Reports
" isLastItem="false" index="24">Public Affairs Committee
" isLastItem="true" index="25">Speaker Resources
Calendar of NACDL Seminars & Events
Nationwide Affiliate CLE Calendar
Watch NACDL Webcast CLEs
Order Audio & Video CLE Recordings
Order Manuals from Past CLEs
Exhibit Opportunities
____________________ Members Only
CLE Committee
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Special Letter
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Board of Trustees
Current News
Indigent Defense by State
Indigent Defense Pleading Index
Innocence Issues
Standards and Guidelines
Teaching the Right to Counsel
____________________ Members Only
" isLastItem="true" index="7">Indigent Defense Committee
____________________ Hot Issues
Death Penalty
Detention and Due Process
Public Defender Education Debt Relief
Warrantless Domestic Spying
Other Issues
____________________ Resources
Comments on Rules & Regulations
Legislative Priorities
Letters & Testimony
National Grassroots Network
Take Action
____________________ Members Only
" isLastItem="false" index="13">Legislative Committee
" isLastItem="true" index="14">State Legislative Network
Featured Articles
Search All Articles
Authors Wanted
Editorial Guidelines
Advertising Rates
Subscribe Online
____________________ Members Only
" isLastItem="false" index="7">Full Access to Articles Online
" isLastItem="true" index="8">Champion Advisory Board
Password Request
____________________ Members Only
" isLastItem="false" index="2">Review Online Profile
" isLastItem="false" index="3">Committee & Staff Reports
" isLastItem="false" index="4">Board Minutes
" isLastItem="false" index="5">Briefs & Motions Bank
" isLastItem="false" index="6">Committees
" isLastItem="false" index="7">Directory of Members
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The posts contained in this blog are not intended as legal advice for any specific situation. You should always hire an aggressive attorney with more than 100 jury trials and whom goes to trial every year. There is a difference between someone who will go to trial. Someone who will fight if your are charged in Tallahassee, Florida, Crawfordville, Florida, Quincy, Florida, Perry, Florida, Marianna Florida, Live Oak Florida, Madison, Florida, Lake City, Florida, Apalachicola, Florida, or any of the following counties: Leon, Jefferson, Wakulla, Gadsden, Liberty, Calhoun, Bay, Gulf, Franklin, Taylor, Madison, Dixie, Holmes, Washington, Panama City, Florida, Panama City Beach, Florida for Arrest, Charges, Jail, DUI, Drunk Driving, Driving While Intoxicated, Possession Charges, Trafficking Charges, Drug Possession Charges, Murder, Gun Charges, Firearm Charges, Battery, Aggravated Battery, Aggravated Stalking, Stalking or any State Criminal Charge in the State of Florida.

Former Prosecutor's view on filing decisions in the Second Circuit, Tallahassee, Florida

I made a mistake years ago in not becoming a Criminal Defense Attorney. Don't get me wrong, I did my job as a public servant and did it well. With the exception of the last few years under Mr. Meggs, I loved my job. Nevertheless, I receive such satisfaction in working in the current office as a Defense Attorney, as someone helping others.
Years ago a great man, Harry Morrison, believed that prosecutors should be cautious in filing charges. "With the stroke of a pen, you can ruin an innocent persons life", is a paraphrase of Mr. Morrison's philosophy (God Rest his Soul). Today's Office here in the Second Judicial Circuit could be characterized as a "Rubber Stamp" mentality. There are very few prudent, experienced prosecutors left in this judicial circuit and those left are given no independent discretion in handling their cases. This is a tragedy, a danger to our Constitution and our local community. Quite simply, it is sad.
The perspective and privilege of having worked for one of the finest elected State Attorneys in the State of Florida, E.J. Salcines (who just retired from the Second District Court of Appeals) and having retired from our local circuit here in Second Judicial Circuit, gives me the experience and the knowledge to comment on filing decisions made in the Second Judicial Circuit. I know this may be a controversial topic as well as ticking some people off with my opinion, so be it.
I currently work for The Law Offices of Don Pumphrey, Jr. located in Tallahassee, Florida (http://www.donpumphrey.com/ the founder also has his own blog spot you should check out http://www.tallahasseecriminaldefense.blogspot.com/). I am the senior attorney in the firm and provide my wisdom and knowledge to everyone in the office. Don and I work as a trial team and we enjoy facing the challenges of trial practice together.
If you have not figured it out, yes, I am Italian and proud of it! Since leaving the local State Attorney's Office my bald head has filled with hair (Don (Don Pumphrey, Jr. http://www.donpumphrey.com/) says I must have some form of secret Italian Olive Oil that makes my hair grow). My love of practice of law has returned and I am disappointed with what I see as far as filing decisions with the local office.
Many years ago, I personally researched, designed, wrote, drafted and implemented the intake system for the State Attorney's Office here in the Second Judicial Circuit http://www.co.leon.fl.us/statty. Much to my disappointment, none of the protocols nor caveats implemented by me years ago are being followed. Why does this bother me? Easy, it allows for unfettered discretion for law enforcement without being questioned about specific facts or omissions of facts, fosters sloppy investigative work by law enforcement, fails to test the credibility of fact witnesses pre-filing, encourages exploitation of evidence and/or inadvertent destruction of evidence (i.e. video tapes, other fact witness information, etc.). This list intern creates a higher filing rate, further creating a burden on an already crippled Criminal Justice System.
I encourage discussions on this topic. If you wish to contact me directly, you can email me Anthony@donpumphrey.com .
Posted by Anthony S. Guarisco, Attorney at 9:43 AM

The posts contained in this blog are not intended as legal advice for any specific situation. You should always hire an aggressive attorney with more than 100 jury trials and whom goes to trial every year. There is a difference between someone who will go to trial. Someone who will fight if your are charged in Tallahassee, Florida, Crawfordville, Florida, Quincy, Florida, Perry, Florida, Marianna Florida, Live Oak Florida, Madison, Florida, Lake City, Florida, Apalachicola, Florida, or any of the following counties: Leon, Jefferson, Wakulla, Gadsden, Liberty, Calhoun, Bay, Gulf, Franklin, Taylor, Madison, Dixie, Holmes, Washington, Panama City, Florida, Panama City Beach, Florida for Arrest, Charges, Jail, DUI, Drunk Driving, Driving While Intoxicated, Possession Charges, Trafficking Charges, Drug Possession Charges, Murder, Gun Charges, Firearm Charges, Battery, Aggravated Battery, Aggravated Stalking, Stalking or any State Criminal Charge in the State of Florida.

How Breathalyzers work (and why they dont)

Here is a post by Lawrence Taylor out of California which is a little dated but worth posting because it still rings true today (with great hyperlinks):

Posted by Lawrence Taylor on May 6th, 2005
Did you ever wonder how breathalyzers work? There is a website which will give you a pretty fair idea. But first, let’s clear up some confusion….
There are many different kinds of “breathalyzers” — or, more accurately, there are many kinds of breath testing devices. The first of the modern breath testers, manufactured by Smith and Wesson many years ago (yes, that Smith and Wesson), was called the Breathalyzer. Since then, various manufacturers have recognized the growing market and come out with their own models, bearing such names as Intoxilyzer, Intoximeter, DataMaster, AlcoSensor, Alcotest and so on; most of these products have been produced in different model versions, such as the Intoxilyer 4011, 5000 and 8000.
To deal with the confusion, the term “breathalyzer” came to be used as a generic term for any breath testing instrument. (To confuse things further, a German company — Draeger — bought the rights to the Breathalyzer brand and have sometimes used that name in some of their models.)
Most of these are evidentiary machines — that is, larger machines generally kept at the police station whose test results are used in evidence. Others are smaller, handheld units carried by officers in the field; generally called PBTs (preliminary breath tests) or PAS (preliminary alcohol screedning), these are less accurate and are usually used as a field sobriety test to help determine whether to arrest a suspect.
The original Breathalyzer operated using a wet chemical method of analysis, employing a disposable glass ampule of chemicals. Although still occasionally found in law enforcement, this relatively primitive technology was replaced in later machines by infrared spectroscopy, gas chromatography or, mainly in handheld units, fuel cell analysis; a couple of the more recent machines use a combination of infrared and fuel cell.
Now that this has been cleared up, you might want to visit the following sites to understand the actual workings of these gizmos:
Chemical (the Breathalyzer) Infrared spectroscopy (the Intoxilyzer) Fuel cell (the Alcosensor)
Note: Gas chromatography is rarely encountered anymore, as it was primarily used in the discontinued Intoximeter 3000.
Note #2: To further understand why these machines aren’t nearly as accurate as law enforcement would have you believe, visit a few of my previous posts:
Breathalyzers — and Why They Don’t Work Breathalyzer Inaccuracy: Testing During the Absorptive Stage Breathalyzer Inaccuracy: Post-Absorptive Breathalyzer Inaccuracy….It Gets Worse “Close Enough for Government Work” Why Breathalyzers Don’t Measure Alcohol How to Fool the Breathalyzer Breathalyzers and Radio Frequency Interference Breathalyzers: Why Aren’t They Warranted to Measure Alcohol?

The posts contained in this blog are not intended as legal advice for any specific situation. You should always hire an aggressive attorney with more than 100 jury trials and whom goes to trial every year. There is a difference between someone who will go to trial. Someone who will fight if your are charged in Tallahassee, Florida, Crawfordville, Florida, Quincy, Florida, Perry, Florida, Marianna Florida, Live Oak Florida, Madison, Florida, Lake City, Florida, Apalachicola, Florida, or any of the following counties: Leon, Jefferson, Wakulla, Gadsden, Liberty, Calhoun, Bay, Gulf, Franklin, Taylor, Madison, Dixie, Holmes, Washington, Panama City, Florida, Panama City Beach, Florida for Arrest, Charges, Jail, DUI, Drunk Driving, Driving While Intoxicated, Possession Charges, Trafficking Charges, Drug Possession Charges, Murder, Gun Charges, Firearm Charges, Battery, Aggravated Battery, Aggravated Stalking, Stalking or any State Criminal Charge in the State of Florida.

Evidence does not fit? Alter it?

The above book, and many others displaying empirical information of what occurs as a result of misconduct in which every responsible citizen should and must read before even entertaining judgment on facts presented by the State, Newspaper or even an alleged eyewitness: http://www.truthinjustice.org/books.htm .

The title of this post comes from an article regarding alleged misconduct leading to conviction of innocent citizen. http://truthinjustice.org/jamesochoa4.htm .

Keep in mind that you cannot see the majority of the iceberg.

http://www.donpumphrey.com/

http://www.duidon.com/

DUI in Florida: Slot machines are more important? Lawrence Taylor says it best!

DUI Defense is many times a thankless job. Drinking is looked down upon by a religious right. Once positive organizations, such as MADD, now use this as fodder to further an out of control agenda which influences jurors, judicial officers and prosecutors alike. Of recent, there is a great movement for truth in this country. Not a fabricated truth, but "The Truth" and not ommissions nor misleading information. http://en.wikipedia.org/wiki/Lie . Check out Attorney Lawrence Taylor's latest blog post: http://www.duiblog.com/2008/12/29/which-are-more-important-breathalyzers-or-slot-machines/. If so much is put into slot machines, why not machines that run on the same or similar technology given more stringent checks and balances?

I am appalled that the State of my birth, Florida, is playing games with the source code of the intoxylizer machine. They pretend not to own or have knowledge of the very essence of what determines, in many circumstances, a permanent blemish on a young persons (or any persons) life. It saddens me that good people are mislead and flat out deceived by our own state government.

I dont personally know Attorney Lawrence Taylor (although I have personally met him). I first met Lawrence Taylor in Austin Hall at The Harvard University, Cambridge, Mass. , where the National College for DUI Defense presents their annual meeting. Year before last he gave the final speech and it was impressive to say the least and inspired everyone in the room. Why we do what we do, captured my heart and my attention. I follow his blog and give you the link so you may follow as well.

Police Encounters, what every citizen, student and spring break(er) should know.

I am asked on a weekly basis, "what should I do if the police stop me?". Well here is a little information I acquired through this evenings research.

After preparing for the week of hearings and trials (http://www.donpumphrey.com/), I started doing random research (surfing) on the web and came across a clip from YouTube (http://www.youtube.com/) http://www.youtube.com/watch?v=eDJrQBwJpqk. The clip is from an organization called Flex Your Rights.

From an educational standpoint, visual re-creations or re-enactments can many times emphasize what one should do, how to do it, and most importantly what not to do in a given situation. My practice is located in Tallahassee, Florida where we have two major universities (Florida Agricultural and Mechanical University: http://www.famu.edu/and The Florida State University: http://www.fsu.edu/ as well as a very large community college in Tallahassee Community College:http://www.tcc.fl.edu/) and a collection of school districts: http://www.leon.k12.fl.us/; http://www.gcps.k12.fl.us/ ; http://www.blogger.com/www.wakullaschooldistrict.org/ ;www.franklincountyschools.org/; http://jefferson.k12.fl.us/; http://www.lcsbonline.org/.

Every citizen should closely study the clips from the DVD "Busted" on the website Flex Your Rights (http://www.flexyourrights.org/). Although this is a short blog for this evening, you should forward this post to absolutely everyone you know and everyone who has children in high school or college. It will undoubtedly give them a correct perspective on how to behave and what NOT to do if they have an encounter with the police. http://www.youtube.com/watch?v=uV0g5B1blqk&eurl=http://www.flexyourrights.org/busted/movie_clips&feature=player_embedded

I like the clips because it exposes many tactics or tricks used, by a highly skilled and thoroughly trained officer, on the unwary citizen to gain access to that which is protected by both the Florida Constitution and the United States Constitution. We have better health if we exercise, we will have a better country if we exercise . . . our rights!

Your rights cannot help you if you fail to exercise them!