The Neo-Prohibition Watch Page
This page is an information center for opposition to the new neo-(alcohol)-prohibitionist wave in the US, which takes the form of Draconian DUI/DWI laws. I started this page to keep track of all the news and background materials related to the topic, after I myself was arrested for driving not-drunk.
Note: To contact me for anything related to the general information here, or about my case in specific, email me at akrowne@vt.edu. I am interested in sharing information, and in anyone willing to put resources forward to make my case into a constitutional test (and there are plenty of independent aspects to test).
— Aaron Krowne
News
- 2008-05-29: Heather Squires was arrested for DUI without drinking a drop of alcohol - ``Wasn't underage, wasn't past curfew, wasn't drunk. Wasn't even drinking. The arrest should never have happened. And though Mesa police quietly dismissed the charges against her a month later, I think her case still raises serious questions.''
- 2007-08-09: Police Blotter: Defendant wins breathalyzer source code - Good. This is the one they used on me!
- 2007-07-02: The David Albo Employment Act - Virginia lawmaker and traffic lawyer David Albo has been making a nice living, flying under the radar, getting laws passed to stiffen punishments for traffic infractions.
- 2006-06-29: Driving While on Cell Phone Worse Than Driving While Drunk - Any bets on whether they will ever crack down on cell phone use while driving as much as having any nonzero blood-alcohol content?
- 2006-04-14: Texas halts arrests of drunks in bars - The course of events is getting predictable: (1) government cracks down on alcohol consumption in an outrageous and Draconian, if not illegal manner, (2) people suffer in obscurity as a result, (3) news breaks about the government abuses, (4) government retreats in embarassment, making no explicit apologies or reparations.
- 2006-03-22: Texas arresting people in bars for being drunk - It was only a matter of time. And what a great way to sweep up "riff-raff" and make them fear the power of the state! When the law is interpreted as widely as possible and then enforced, everyone is a criminal, and what you've got is a police state.
- 2006-01-19: States push tougher DUI breath test laws - States begin trying to close the "loophole" of refusing to implicate one's self in a breath test (they dont like that crazy fifth amendment thing). Of course, doing so would already have gotten your license suspended (a punishment without due process, mind you).
- 2006-01-11: Grogginess as dangerous as drunk driving - What's next—random sleepalizer tests? My guess is if anyone were to really study this phenomenon, they'd find that tiredness-related fatalities (and economic impact) dwarf alcohol-related ones—just think of how many groggy people are out there for the morning commute 5 days a week!
- 2006-01-09: Maryland Woman Assaulted in DUI Arrest in Virginia - A perfect case of trumped charges and police brutality. The woman was given field sobriety tests, did fine on them, and was arrested anyway, thus proving again that these extra-legal "tests" are only there for you to fail.
- 2005-12-22: DUI tests frequently tossed out; 2004 law backfired - (Washington State) A 2004 state law which attempted to remove Judicial discretion in DUI cases (a violation of separation of powers) is being challenged (and generally nullified by judges in the courtroom). Let this be a lesson to other states...
- 2005-12-08: Biker cleared after 128mph chase - The state attempted to convict Jacob Carman on reckless driving purely for speeding, a statutory maneuver which is so widespread as to be almost universal in traffic law these days. However, the state failed, because there was no one else on the road and there was no passenger in the vehicle (which was a motorcycle). Some of these facts may bear on statutory DUI cases, challenging statutorily piled-on charges like reckless driving.
- 2005-11-03: US judge forces breathalyzer to open source (and an Ars Technica article) - Having a device which is used to ascertain guilt, but whose workings are secret constitutes, effectively, secret laws, something which should be abhorrent to any free society. This ruling is a major victory for the rights of the accused. However, I believe to be fully honest, the entire workings need to be open to the general public, not just a small pool of examiners. When technology becomes ethics, it requires the fullest disclosure possible to society. Just as wide a disclosure as we expect for laws themselves.
- 2005-11-02: In its first week, Melanie's Law has Registry scrambling - Mass. introduces "Melanie's law", which creates a life suspension for DUI offenders. I think six arrests are required, and therein lies the rub. Arrests trigger the suspension—if you happen to not be guilty in a court of law, the onus is on you to appeal the (immediate) suspension. Presumption of innocence is apparently deemed a quaint concept (at least when it comes to the drunk driving boogeyman).
- 2005-10-17: Va. Judge Dismisses Drunk Driving Cases as Unconstitutional - One judge in Virginia stands up against the unconstitutionality of the .08-guilt-presumption.
- 2005-10-20: US drink/drive laws could push open source - 150 Floridians are fighting the state to force the Intoxilyzer 5000 manufacturer to disclose the device's source code.
- 2005-10-15: DC Council Hastens To Revise DUI Law - Once revealed to the public (in the previous story), apparently, DC's astoundingly strict DUI laws didn't last long. This is encouraging in that it shows neo-prohibition thrives on stealth, and publicity and public outrage can change that.
- 2005-10-12: Single Glass of Wine Immerses D.C. Driver in Legal Battle - Mild-mannered metro area lawyer jailed for minor traffic offense and registering .03.
Editorial
- When Drunk Driving Deterrence Becomes Neo-Prohibition - A great Radley Balko article that nicely sums up the whole issue. Points out that the data shows the mid-90s-era, stricter nationwide DUI laws have failed to help the core problem they were intended for, and instead have criminalized responsible drinkers. The end result has been no decline in DUI traffic fatalities.
Research
Links
- R.I.D.L. - Responsibility In DUI Laws; an organization to bring visibility to the DUI neo-prohibition issue. Their primary goal is to repeal the coercive, unconstitutional nationwide .08 BAC limit. However, they also publicize all aspects of the situation. There are many more good links from their web site.
- The DUI Blog - Run by DUI attorney Lawrence Taylor in California. Up-todate and very insightful.
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last modified 2006-01-11