U.S. Supreme Court: Citizen Tip Not Sufficient for Probable Cause
The U.S. Supreme Court has let stand a ruling in Virginia that police officers must personally observe erratic driving before stopping a suspected drunken driver.
On Tuesday, October 20, the high court declined to take up an appeal involving a Richmond motorist who was pulled over by a police officer based on an anonymous tip that he was driving under the influence of alcohol.
The issue in the case, Virginia v. Harris, was whether the officer was justified in confronting the driver with a roadside sobriety test, or whether he should have waited until Harris' driving gave rise to a reasonable suspicion of drunk driving independent of the anonymous tip.
The case stems from a December 2005 telephone call received by police. The caller said that an intoxicated driver named Joseph Harris was driving a Nissan Altima, southbound on Meadowbridge Road in Richmond. The caller gave a partial license plate number.
Officer Claude Picard of the Richmond Police Department soon located a Nissan Altima being driven by a man with a license plate similar to the number offered by the caller.
Impaired Driving Down Under
By Judge David Hodges, Judicial Resource Liaison, Texas Center for the Judiciary
I was recently asked to attend and participate in two impaired driving seminars in Melbourne, Australia.
9th Annual Ignition Interlock Symposium
The first seminar I participated in was the 9th Annual Ignition Interlock Symposium, bringing together ignition interlock practitioners and researchers from all over the world. It is significant to understand that the movement in the United States toward protecting the public against impaired drivers by requiring ignition interlocks, combined with license restrictions and suspensions, is a movement that is also being replicated worldwide. In fact, in some respects, it is amazing how similar our Texas statutes are to those in some of the European countries.
For instance, in Germany, the administrative driving licensing authority (not part of the court system) decides whether to re-issue a driving license to those charged with Driving under the Influence. To help make an informed decision, the authorities instruct the offender to undergo a medical-psychological assessment (MPA). The MPA is mandatory for:
- DUI offences with a BAC equal or above 0.16%;
- repeated DUI offences regardless of BAC;
- any other incidents that indicate an alcohol problem or alcohol abuse consumption pattern.
DWI in a Recliner-Chair for Sale
The most notorious recliner in Minnesota was put up for sale on eBay earlier this year. In August 2008, the owner left a bar in Proctor, Minn., and drove the La-Z-Boy into a parked car. He wasn’t seriously injured, the police said, but his blood alcohol level was 0.29, more than three times the legal limit. Several months ago, the owner pleaded guilty to drunken driving and was put on probation for two years. The arresting agency listed the recliner for sale on eBay several weeks later, and the recliner received bids as high as $54,000 before it was inexplicably pulled from the sale. (http://wheels.blogs.nytimes.com/2009/10/26/hot-rod-recliner-up-for-auction/ )
Drug Testing Myths Busted
Myth:
Water is the only fluid that will cause a dilute specimen when consumed in large quantities.
Truth:
Consuming large quantities, about 1 liter, of any liquid will significantly dilute the specimen within 30 minutes to 1 hour of consumption. This is the reason that all specimens tested should have a Creatinine level determined to evaluate whether the sample is too dilute to provide a valid test result.
Insurance Institute for Highway Safety Survey Finds Support for Interlocks
A recent survey conducted by the Insurance Institute for Highway Safety revealed that two-thirds of Americans would support the installation of devices that prevent cars from starting if drivers are impaired, assuming that such technology is reliable. The survey also found that 40 percent of respondents said they would like such devices installed in their own cars if that option was available. This follows a trend among traffic safety researchers and victim advocate groups to develop technology that would make breath interlock devices less obtrusive and more accepted by the general public, and eventually make them available as optional equipment on new vehicles. (http://www.jointogether.org/news/headlines/inthenews/2009/survey-finds-support-for.html )
Upcoming Events
Please mark your calendars for the DWI Court Judges Conference, held in Austin on February 1 http://www.yourhonor.com/dwi/DWICourtJudgesConference.html. This conference is geared specifically toward DWI Court judges; we have space for one member of the DWI Court Team as well. You may find registration forms here: http://www.yourhonor.com/images/Promos/DWICJ10_RegForms.pdf
Course descriptions may be found here: http://www.yourhonor.com/images/Promos/DWICJ10_CourseDescrips.pdf
Grants for DWI Courts Available
On Thursday, Judge David Hodges sent out an email regarding the availability of grant funds for DWI Courts. It follows below.
We always need additional sources of funding to help pay for drug testing, probation officer salaries, SCRAM units, or indigent assistance. Several judges have written their own grant applications and received funding from BJA and SAMSHA; so please take time to review the important information I have provided below.
The two announcements from BJA and SAMSHA are listed on this page. It is important to note that when it says Drug Courts the definition INCLUDES DWI COURTS. DWI Courts are welcome to apply for this grant funding. The deadline for the application is February 11, 2010.
This newsletter has been provided by the Texas Center for the Judiciary pursuant to a grant from TxDOT. If you have suggestions for items to be included in this Newsletter, or wish to be removed from the Newsletter mailing list, please contact:
Judge David L. HodgesJudicial Resource Liaison
dhodges@yourhonor.com