If Senator Perry Has His Way…
State Senator Jonathan Perry is a good guy. I have known him for many years now. He is a conscientious legislator and responsible public servant. But, when he asks that first time OWI offenders should receive mandatory jail sentences he is dead wrong. He ought to know better. Currently first offenders will normally receive suspended […]
I Am On Camera? Save It For Me, Please!
The supreme court of the State of Illinois sanctioned the state and barred it from introducing testimony concerning what was contained on a video of a traffic stop in Illinois v. Kladis, (No. 110920, Dec. 2011). Traffic stops, detention and field sobriety tests for those suspected of drinking and driving while generally be recorded on video […]
Can I Get a Free Sniff?
OK, Franky is good. As a K-9 drug detector dog, he can smell marijuana inside a home from outside the closed door of a home. The problem is, Franky’s handlers, the Miami-Dade Police Department, violated the homeowner’s rights in snooping for a sniff outside the home when other evidence to justify the action did not […]
I Thought the Legal Limit Was .08
If you are over 21, it is – sort of. Under Louisiana law, if you are over 21 and you test above .08 on a breath or blood test, you are presumed to be impaired at the time of operation of a motor vehicle and it is up to you to overcome the presumption. That does not […]
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 […]