It’s Just a Machine
Ever wonder why people place such trust in the reading of a breath testing device? I do all of the time. Police, prosecutors, judges and the general public, unfortunately, do not. We use the Intoxilyzer 5000 in Louisiana. It is manufactured by CMI, a company in Kentucky which creates these devices for law enforcement use. […]
How Much is Too Much?
Let me start with a disclaimer: I do not encourage anyone to get behind the wheel after consuming alcohol. Everyone is different. Your body, in effect, is its own unique test tube which processes alcohol in ways that are special to you. Each person has their own set of variables which affect how they metabolize […]
The BAT Bus
The Lafayette Police Alcohol Traffic Action Campaign (“ATAC”) has recently acquired a specialized vehicle specifically designed as a tool to combat drunk driving. The unit, called a Breath Alcohol Testing bus or “BAT” was acquired via a $350,000 grant paid for by the Louisiana Highway Safety Commission. It will serve as a mobile operations unit […]
Bones Regards Spock, The Ultimate OWI Practitioner
It has been said that practicing OWI defense law at its highest level is akin to playing three-dimensional chess. There are nuances and complications in the many and disparate processes at work that seemingly defy reason, logic and rationality. Most practitioners consider representation a linear transaction based on simple, straight-forward moves on a flat surface. […]
Welcome To The New Site
Welcome to the new site. If you got tired of looking at lawyer’s websites which gave appearance of being stuffy and disconnected, I have a confession to make: I did too. Lawyers often become caricatures of themselves and try to sell that portrayal, unwittingly or not, to the rest of the world. I decided on […]
Greatest Myth of the Self-Anointed Legal Dilettante
If you are a public figure in Acadiana, you receive special treatment in the legal system. False. I cannot speak for concert passes, stadium seating or invitations for recreational activity, but when it comes to arrests for criminal activity, particular those involving drinking and driving, the absolute worst case scenario is to be a person […]
Trust Your Lawyer, No One Else (unless he tells you to)
Those arrested for drinking and driving seek solace and advice from the most unlikely sources. The advice is ample and free. It is usually wrong. What happens after an arrest for drinking and driving is complicated stuff. Just because your cousin’s girlfriends ex-husband told you that he heard what generally happens, doesn’t mean that it […]
No Refusal and Forced Blood Extraction
Certain parishes institute a “no refusal” program. Under these programs, an individual who “refuses” to voluntarily submit to a breath test will be served with a search warrant. Once issued, the warrant would allow for a qualified health care professional to extract blood from a person accused of driving under the influence. The blood test […]
Sobriety Checkpoints; What Are They?
Depending on one’s individual perspective, sobriety checkpoints are either considered a part of a comprehensive strategy for the interdiction of possible impaired drivers or an excuse to intrude into the constitutional rights of law abiding citizens. Until 1990, the entire process was generally considered unconstitutional. In the landmark decision of Michigan v. Sitz, the United […]