Drunk driver gets it in the eye from German police Tue Jan 31, 12:05 PM ET



BERLIN (Reuters) - Officers soon saw through a German driver who posed as an acquaintance when he was stopped for drink driving -- he forgot his alter ego had a glass eye, police said on Tuesday.


Police in the western city of Bochum said the driver's details seemed to be correct when he told them who he was -- until their records showed the man matching his description was registered as having a glass eye. A torch beam shone in face soon disproved this, however.

"His eye responded to stimulus. So then he said he used to have a glass eye, but didn't any more," said a Bochum police spokesman.

"It seems he was impersonating someone he knew well.

A search uncovered the man's true identity, and that he had already lost his licence for a previous offence.

Ex-'SNL' Star Pleads Not Guilty to DUI

LOS ANGELES — Former "Saturday Night Live" star Tracy Morgan is heading to court after pleading not guilty to charges of drunken driving, prosecutors said Thursday.
Morgan pleaded not guilty Jan. 13 to two misdemeanor charges of driving under the influence of alcohol after being arrested in Los Angeles on Dec. 2, city attorney's spokesman Frank Mateljan said. He is due in Superior Court for a pretrial hearing Feb. 23.


Actor Tracy Morgan arrives for the world premiere of the movie 'The Longest Yard' in this May 19, 2005 file photo, in the Hollywood section of Los Angeles. Former 'Saturday Night Live' star Morgan is heading to court after pleading not guilty to charges of drunken driving, prosecutors said Thursday, Jan. 26, 2006.
His attorney, Blair Berk, declined to comment.

The 37-year-old comic, who has starred in various films and TV shows, is known for "Saturday Night Live" characters Astronaut Jones and Brian Fellow.

Woman seriously injured in suspected DUI crash



January 16, 2006

SAN DIEGO – One woman was seriously injured when the car in which she was riding crashed on Interstate 15 at University Avenue early Monday.
The car's driver was arrested on suspicion of drunken driving, the Highway Patrol said.



The women were driving northbound just before 1:30 a.m. when the car they were in rolled over three times and came to rest at the center divider, according to the California Highway Patrol.

The passenger was ejected from the vehicle and suffered major injuries.

Woman seriously injured in suspected DUI crash



January 16, 2006

SAN DIEGO – One woman was seriously injured when the car in which she was riding crashed on Interstate 15 at University Avenue early Monday.
The car's driver was arrested on suspicion of drunken driving, the Highway Patrol said.



The women were driving northbound just before 1:30 a.m. when the car they were in rolled over three times and came to rest at the center divider, according to the California Highway Patrol.

The passenger was ejected from the vehicle and suffered major injuries.

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Gas Main Break Leads To Marijuana Garden

POSTED: 3:24 pm EST January 12, 2006

TUCKER -- Gwinnett County police say a gas line broken by a drunken driver who ran into an apartment building led to the the arrest of a resident who was growing marijuana inside his apartment.

Police say the Gwinnett County Fire Department was called to check for gas leaks at the Westwood Apartments in Tucker Sunday morning and found what appeared to be marijuana.

The resident of the apartment refused to give police permission to search, so they obtained a search warrant. They say they found about 182 marijuana plants and seized more than three-thousand ounces of the drug.

Police say the resident, identified as 50-year-old Rickey Baker of Tucker, has been charged with marijuana trafficking and has been released on $22,000 bond.

Divide is growing over roadside sobriety tests

Standards have police, scientists, lawyers at odds


Heels together. Toes out. Hands at your sides. Raise the leg of your choice in front of you, 6 inches off the ground, leg straight, toe pointed. Keep your eyes on your raised toe and begin counting aloud from 1,001 until I say stop . . .

Some night on the side of the road, police lights flashing behind you, your freedom may depend on how well you do this.

Did you sway? Raise your arms for balance? Hop, or put your foot down? If you did any two, an officer will conclude with 65 percent accuracy, as stipulated in the prevailing science, that you may be too drunk to drive. advertisement




The one-leg stand is one of the three scientifically researched standardized field sobriety tests, blessed by the National Highway Traffic Safety Administration, that officers call "the holy grail" and give on the roadside to help them decide whether to make a drunken-driving arrest.

The NHTSA says officers using scores from all three tests will be 91 percent accurate in making an arrest. But in a case that made nationwide last year, an officer in Washington arrested attorney Debra Bolton after determining she failed all three. Bolton, who had had a glass of wine with dinner, challenged the charges. They were dropped.

The NHTSA says the most accurate of the three is the horizontal gaze nystagmus test, or "jerking eyeball" test. An officer holds a small flashlight before you and asks you to track it visually from side to side. If you've drunk too much, your eyeballs will begin shaking about 45 degrees from center.

The two other tests, the one-leg stand and the walk and turn (nine steps forward and back on a straight line), are "divided attention" tests that require both mental concentration and physical coordination. The one-leg stand has its skeptics and its court challenges, but the test is "easily performed by most unimpaired people," the NHTSA says.


Origin of one-leg stand
In 1975, the NHTSA requested proposals to develop a valid standardized test battery easy to use on the side of the road. So it called Marcelline Burns at the non-profit Southern California Research Institute in Los Angeles.

Burns, 77, is a research psychologist who calls herself the "grandma guru" of the standardized field sobriety tests. She has had a long career developing them, testifying in courts nationwide as an expert witness and training police officers to use them correctly.

Her group recruited 238 subjects (mostly men ages 22 to 29) from the local unemployment office, anyone over 21 with a driver's license and who admitted to imbibing a few. Subjects came to the lab at 8 a.m. and were "dosed" with either orange juice or a screwdriver. They were then led to small rooms where 10 California police officers waited. The officers administered six sobriety tests, then made a determination on the subjects' subject's blood-alcohol content and whether to make an arrest.

Burns' final report, "Psychophysical Tests for DWI Arrest," was published in 1977. She wrote that while all six tests were sensitive to alcohol, meaning that drunken subjects tended to perform worse than sober ones, the best tests were the three in use today.

Burns did not test the drunken subjects when sober to see how well they could balance on one leg. "The evidence that it's an easy task comes from the placebo people," she said. "They could do it fine."

So hundreds of thousands of drivers have been arrested, no doubt many deservedly, on the basis of a 30-year-old study that, critics argue, has never been published in a peer-reviewed scientific journal, never tested on a large scale with a control group and has nothing to do with impairment from alcohol. Burns admits that the tests are designed only to gauge blood-alcohol content, not whether you're a menace.


Out of balance?
Burns insists that the average person should be able to balance on one leg for 30 seconds. But 40 percent of Americans will at some point experience a balance disorder. Dizziness and vertigo are the third-leading cause of doctor visits, behind lower back pain and headaches, according to the National Institutes of Health.

Research indicates that the older you get, starting about 50, the less likely you will be able to stand on one leg for very long, and the more likely you will be to fall. It's anybody's guess as to the "normal" ability to balance.

"The human equilibrium is a very complex system," said Richard Gans, founder and director of the American Institute of Balance in Florida.

Ever had migraines or encephalitis, meningitis, shingles, chickenpox, ear infections, cardiovascular problems, numbness or tingling in the extremities? You may be unable to balance. Diabetes? You may not be able to feel your feet well enough to balance.

Officers are taught to ask about medical problems.


Attacking the research
Some forensic psychologists and a slew of DUI defense attorneys have been assiduously picking apart Burns' research on the standardized field sobriety tests for years.



Spurgeon Cole, a Georgia forensic scientist and consultant, has been her chief nemesis in court and expert witness for the defense for years. "How does age or gender affect performance? How does fatigue or practice affect performance?" he has written.

Cole administered the tests to 21 of his students at Clemson University in South Carolina, none of whom had had a drop of alcohol, and showed the videotape of their performance to a group of officers, who reported they would arrest nearly half the students.

"And these people had absolutely zero to drink," Cole said in an interview. "These tests are absolutely worthless."

The battle has raged in the courtroom. In Florida, the courts have decided that prosecutors cannot refer to them as "tests" that one can pass or fail. Rather, they are considered subjective "observations." In Ohio and other states, courts have held that unless the tests are administered in the standardized way, they are "inherently unreliable and thus inadmissible."

Officers' phone records are for sale

The Chicago Police Department is warning officers their cell phone records are available to anyone -- for a price. Dozens of online services are selling lists of cell phone calls, raising security concerns among law enforcement and privacy experts.


Criminals can use such records to expose a government informant who regularly calls a law enforcement official.

Suspicious spouses can see if their husband or wife is calling a certain someone a bit too often.

And employers can check whether a worker is regularly calling a psychologist -- or a competing company.

Some online services might be skirting the law to obtain these phone lists, according to Sen. Charles Schumer (D-N.Y.), who has called for legislation to criminalize phone record theft and use.

In some cases, telephone company insiders secretly sell customers' phone-call lists to online brokers, despite strict telephone company rules against such deals, according to Schumer.

And some online brokers have used deception to get the lists from the phone companies, he said.

"Though this problem is all too common, federal law is too narrow to include this type of crime," Schumer said last year in a prepared statement.

The Chicago Police Department is looking into the sale of phone records, a source said.

Late last month, the department sent a warning to officers about Locatecell.com, which sells lists of calls made on cell phones and land lines.

"Officers should be aware of this information when giving out their personal cell phone numbers to the general public," the bulletin said. "Undercover officers should also be aware of this information if they occasionally call personal numbers such as home or the office, from their [undercover] ones."

Test got FBI's calls in 3 hours



To test the service, the FBI paid Locatecell.com $160 to buy the records for an agent's cell phone and received the list within three hours, the police bulletin said.

Representatives of Data Find Solutions Inc., the Tennessee-based operator of Locatecell.com, could not be reached for comment.

Frank Bochte, a spokesman for the FBI in Chicago, said he was aware of the Web site.

"Not only in Chicago, but nationwide, the FBI notified its field offices of this potential threat to the security of our agents, and especially our undercover agents," Bochte said. "We need to educate our personnel about the dangers posed by individuals using this site and others like it. We are stressing that they should be careful in their cellular use."

How well do the services work? The Chicago Sun-Times paid $110 to Locatecell.com to purchase a one-month record of calls for this reporter's company cell phone. It was as simple as e-mailing the telephone number to the service along with a credit card number. The request was made Friday after the service was closed for the New Year's holiday.

'Most powerful investigative tool'


On Tuesday, when it reopened, Locatecell.com e-mailed a list of 78 telephone numbers this reporter called on his cell phone between Nov. 19 and Dec. 17. The list included calls to law enforcement sources, story subjects and other Sun-Times reporters and editors.

Ernie Rizzo, a Chicago private investigator, said he uses a similar cell phone record service to conduct research for his clients. On Friday, for instance, Rizzo said he ordered the cell phone records of a suburban police chief whose wife suspects he is cheating on her.

"I would say the most powerful investigative tool right now is cell records," Rizzo said. "I use it a couple times a week. A few hundred bucks a week is well worth the money."

Only financial info protected?


In July, the Electronic Privacy Information Center filed a petition with the Federal Communications Commission seeking an end to the sale of telephone records.

"We're very concerned about Locatecell," said Chris Jay Hoofnagle, senior counsel for the center. "This is the company that sold the phone records of a Canadian official to a reporter 'no questions asked.' "

Schumer has called for legislation to criminalize the "stealing and selling" of cell phone logs. He also urged the Federal Trade Commission to set up a unit to stop it.

He said a common method for obtaining cell phone records is "pretexting," involving a data broker pretending to be a phone's owner and duping the phone company into providing the information.

"Pretexting for financial data is illegal, but it does not include phone records," Schumer said. "We already have protections for our financial information. We ought to have it for the very personal information that can be gleaned from telephone records."

Skiing drunk 'not easy,' Bode says
'It’s like driving drunk, only there are no rules about it in ski racing,' he says
Bode Miller is not afraid to say he's skied under the influence of alcohol. "Try and ski a slalom when ... you hit a gate less than every one second, so it’s risky," he said.

Updated: 8:55 p.m. ET Jan. 5, 2006
NEW YORK - Bode Miller knows he puts his life at risk when he skis drunk, but the outspoken Olympic favorite admits he may try the dangerous activity again.

“Talk about a hard challenge right there. ... If you ever tried to ski when you’re wasted, it’s not easy,” Miller told “60 Minutes” for a segment that will air Sunday. “Try and ski a slalom when ... you hit a gate less than every one second, so it’s risky. You’re putting your life at risk. ... It’s like driving drunk, only there are no rules about it in ski racing.”

Asked if the risk meant he would never ski drunk again, Miller replied “No, I’m not saying that.”

In the interview, the 28-year-old Miller acknowledged that his partying has affected his performance in the past.

“There have been times when I’ve been in really tough shape at the top of the course,” he said.

Miller, the defending World Cup overall champion and a two-time silver medalist at the Salt Lake City Olympics, was also blase about the possibility of winning gold in Turin.

“Whether somebody wants me to get five gold medals or whatever it is, I sort of feel like they are all other people’s concerns and issues, not really mine. ... I don’t really care what everybody else says,” he said.

Miller has drawn attention — and criticism — for his outspokenness before. He has called drug rules in skiing that he deems too strict “a joke” and was fined last month for refusing to take a boot test after a World Cup slalom race.

MALIBU – Actor Nick Nolte has successfully completed probation ordered after his 2002 no contest plea to a misdemeanor count of driving under the influence of drugs, a judge ruled Wednesday.

Nolte was present at the hearing before Judge Lawrence Mira.

"I'm about to do 'Pride and Glory,' a film in New York with Colin Farrell, and he'll just be coming out of rehab so he'll have a lot of support (from me)," Nolte, 64, told the syndicated television entertainment show "The Insider" outside court.

Farrell was being treated for exhaustion and dependency on prescription medication prescribed to the Irish actor after a back injury, his publicist Danica Smith said last month.

Nolte was taken into custody Sept. 11, 2002, after being seen driving his luxury car erratically along Pacific Coast Highway then failing a field sobriety test. He was accused of being under the influence of the so-called date rape drug gamma-hydroxybutyrate, or GHB.

His lawyer said later that Nolte apparently consumed GHB inadvertently in the course of taking a weightlifting supplement. The actor voluntarily entered a substance abuse rehabilitation center for several weeks.

In December 2002, Nolte pleaded no contest to driving under the influence of drugs and was placed on three years probation, with the conditions that he undergo counseling and drug testing.

Nolte, who has attended Alcoholics Anonymous meetings since 1989, has appeared in more than 40 movies, including "Cape Fear," "The Prince of Tides" and "48 Hours."

His upcoming project with Farrell is a generational drama about a family of police officers.

Officer Hit at DWI Checkpoint Eyewitness News

(New York-WABC, January 1, 2006) - An NYPD officer was hit by a suspected drunk driver on the Grand Central Parkway New Year's Day morning.

Authorities say it happened around 1:00 a.m. at a DWI checkpoint where Grand Central and the Long Island Expressway meet.
Police say the driver hit the cop when she attempted to avoid the check point.

The officer was rushed to Bellevue Hospital and is said to be stable.

The female driver was arrested at the scene and charged with DWI and driving with a suspended license.

Breathalyzer says Goodbye
Jan 02, 2006

For decades, the Breathalyzer served New Jersey well, but law enforcement officials in the state want to retire it and replace it with a new evidential breath test that relies on advanced technology.

The Breathalyzer proved an accurate tool to measure blood alcohol concentration (BAC), but is no longer being manufactured, and as parts of the equipment wear out, they are becoming increasingly difficult to replace.

That, coupled with the promise of the new test -- Dräger Safety's Alcotest 7110 -- prompted the state to begin integrating the Alcotest county by county. But court hearings loom to determine the product's scientific reliability and whether it will replace the traditional Breathalyzer, used throughout the rest of the state.

The Alcotest is currently being used in 11 of the state's 21 counties. Defense attorneys have challenged the new test, and how judges rule in upcoming court cases will decide the Alcotest's fate in the remaining counties.


Twin Technologies
The Alcotest is really two instruments -- two technologies -- both of which take a breath sample and measure a person's BAC. Proponents say the two instruments act as insurance against each other, because both results must be similar for the defendant to be charged.

Unlike the Breathalyzer, the Alcotest does not rely on the operator's ability to read the device properly, so there's no way the operator can manipulate results. After the Alcotest is administered, a printout that yields test results and documentation of each step taken during the test is produced.

"All the operator does is plug in the defendant's name, date of birth, the date of arrest and then just asks the defendant to take deep breaths," said Camden County Assistant Prosecutor Gladys Rodriguez. "The [Breathalyzer] was very operator dependent. The operator kind of had to eyeball it and say 'OK, I think it's this.' This is operator independent."

During a pilot of the Alcotest between December 2001 and December 2002, 358 people were arrested and charged with driving under the influence, 20 of whom challenged its scientific reliability. Rodriguez presented the cases to New Jersey Superior Court Judge Francis Orlando Jr., who ruled that the technology was scientifically sound and could be admitted as evidence -- without expert testimony.

So far, police in New Jersey who have used the Alcotest are sold on it, said Sgt. Kevin Flanagan of the New Jersey State Police.

"They really enjoy it over the Breathalyzer because there's no operator involvement as far as making mistakes," Flanagan said. "It's pretty automatic. You push a button, you enter data, take breath samples and the results come out of the instrument with no operator manipulation. It's black or white; it's either above the legal limit or below the legal limit."

The Alcotest combines two independent measuring systems -- infrared spectroscopy and electrochemical cell technology -- to analyze and display breath alcohol results, providing the highest possible level of forensic and legal integrity, according to Draeger.

The infrared system operates at a higher wavelength of 9.5 micrometers, is virtually nonsensitive to any potentially interfering substances, and the temperature controlled fuel cell prevents condensation and provides an extended lifetime sensor, while guaranteeing accuracy even at extreme ambient temperatures.

Proponents agree with Orlando's ruling that the technology is sound and the test results are accurate.

The road to replace the Breathalyzer with the Alcotest statewide will travel through the rest of the 10 counties and their courthouses, where judges will decide whether to agree with the ruling in Camden or ask for more hearings.

"We wanted something more state of the art, something that would stay with us for a long time," Rodriguez said "We wanted something very reliable, very scientifically reliable, and where we could get a printout. I think it's good for the defendant and for the state to have something that creates a printout."

The process of getting the Alcotest accepted in Camden County took two years, Rodriquez said. "We brought the instrument out for a year in one town in our county. We trained 12 of their officers to be Alcotest instrument people."

The training for that town -- Pennsauken, N.J. -- was one full day, but some officers thought the training should have been for two days, Flanagan said. "When we hire new police officers from this point on, they're going to attend a three-day course on the new instrument."

But police officers like the fact that user error has been removed from the equation, Flanagan said, explaining that the Breathalyzer required the officers to go through a 15-step checklist. The Alcotest requires the operator to follow an instrumental prompt and does the rest itself.

"The Alcotest really won't let you make a mistake as long as you follow the prompt. You have no deciding factor what the results are," Flanagan said. "Once you take the breath sample, the instrument will analyze that sample by the two different technologies."

Two Alcotests are given to each defendant, which means there will be four BAC readings -- two for each of the electrochemical sensors and two for the spectrometer.

"If the results don't fall within a certain deviation from each other, you would have to go to a third breath test," Rodriguez said. "But that's not usually needed. At the end of all of that, it gives you a printout, and the printout will tell you exactly what each of those four readings were. Then the BAC becomes the lowest of all of those four together."

Another advantage of the Alcotest is that it takes just 2 minutes to complete, whereas the Breathalyzer takes 15 minutes.


Challenging the Alcotest
There has been opposition to the Alcotest; defense attorney Evan Levow claims that the instrument provides erratic results.

"We can show demonstrable errors based on the parameters set in the software by the state and Dräger, as well as errors or bugs in the software itself," Levow said. "Different machines across the state have reported different readings -- so divergent that the readings violate acceptable federal breath testing standards, not to mention the standards set in New Jersey."

In fact, 90 suspected drunk drivers were locked up for "refusal," when they tried to give a breath sample to the Alcotest. At that time, the Alcotest required a minimum blow time of 4.5 seconds; minimum volume of 1.5 liters; and minimum flow through the instrument of 2.5 liters per minute.

If all of those requirements weren't met, the Alcotest would not analyze the breath and the test would be deemed a refusal. At the time, police officers could not determine which of the requirements were not met and had no choice but to charge the suspect with refusal.

That problem has since been fixed, and officers can now determine which requirements aren't met. This, Flanagan said, should lead to fewer arrests for refusal. Under the state's implied-consent law, anyone who operates a motor vehicle has consented, in effect, to a DUI test, and those 90 suspects charged with refusal have no legal recourse to challenge their arrests, according to Flanagan.

Rodriguez said the bugs have been purged from the system, and it will prove to be accepted as a viable, maybe even better, alternative to the Breathalyzer.

"The thing about the Alcotest that makes it so different is that it's like two instruments in one, and they check each other," Rodriguez said. "It's like having two independent technologies testing under one roof."

Among the other new laws are:

SB 207 (Scott) : Chapter 656 : Vehicles: driving-under-the-influence:
impoundment

Adds Vehicle Code section 14602.8.

(1). This bill authorize[s] a peace officer to immediately cause the
removal of a vehicle from a person who meets certain circumstances
relating to driving a motor vehicle while under the influence of
alcohol or drugs, or both (DUI), and who has been previously convicted
of DUI within the preceding 10 years. The bill would provide for a 5-day
impoundment of that vehicle if the person has been convicted of DUI once
within the preceding 10 years, and a 15-day impoundment if the person
has been convicted of DUI 2 or more times within the preceding 10 years,
subject to a hearing and certain exceptions.

The bill prescribe[s] procedures to be followed for the release of the
vehicle prior to the end of the impoundment period, including a
requirement that a legal owner who has obtained possession of the
impounded vehicle not relinquish the vehicle to the registered owner
until after the termination of the impoundment period and until after
the registered owner has presented a valid driver's license or valid
temporary driver's license to the legal owner. [A] violation of that
requirement and certain other requirements and restric-tions imposed by
the bill would be an infraction.


AB 571 (Levine) : Chapter 89 : Vehicles: DUI: blood-alcohol
concen-tration: level for sanctions lowered to 0.15%.

Amends Vehicle Code section 23578

When a person is convicted of violating specified
driving-under-the-influence (DUI) provisions, existing law requires a
court to consider a concentration of alcohol in a person's blood of
0.20% or more, by weight, or the refusal of the person to take a
chemical test, as a special factor that may justify enhancing the
penalties in sentencing.

This bill would decrease the required blood-alcohol concentration
(BAC) [before penalty-enhancement is considered] from 0.20% to 0.15%.


AB 979 (Sharon Runner) : Chapter 646 : Driving under the influence:
restricted drivers license.

Amends Vehicle Code sections 13352 and 14602.6.

(1) Existing law requires the Department of%2

A judge who caught a man consuming alcohol an hour after sentencing him for drunken driving ordered the man into rehabilitation on Tuesday.

Jacob Vandeven, 27, of Whitewater, entered a guilty plea before Judge William Syler on Dec. 5 to a reduced charge of misdemeanor driving while intoxicated for causing an accident with injuries.

Vandeven had been charged with a felony after the Nov. 20, 2004, accident, but with his plea was given a six-month suspended sentence and two years probation, according to court records.

The judge went to lunch at a restaurant and bar close to the courthouse less than an hour later. Syler spotted Vandeven drinking, a violation of his probation. A standard provision of probation in drunken driving cases is that the defendant refrain from drinking alcohol, avoid bars and not be around people who are drinking.

On Tuesday, the bar tab receipt was offered as evidence.

The receipt showed Vandeven and his party ordered two beers, two Long Island iced teas and a margarita, assistant Cape Girardeau prosecutor Jack Koester said. Koester said the exact number of people with Vandeven was unclear, but it appeared he was in the restaurant with one or two other people.

Vandeven has been in the Cape Girardeau County Jail since he was arrested Dec. 6. Syler ordered Vandeven to remain in custody until a space opens at a nearby treatment center.

The judge said Vandeven must complete a 30-day inpatient alcohol program. Vandeven must then return to the county jail and appear back in court on Jan. 30. Depending on how well the man does at the treatment center, the judge could restore his probation or impose the jail sentence of up to six months.

Vandeven's attorney, Malcolm Montgomery, told Syler that Vandeven had a drinking problem and was willing to go into treatment.

"I have never had a client so audaciously violate a judge's order that quickly after being placed on probation," Montgomery said.