The New York Supreme Court ruled that impaired driving from ‘huffing’ the stimulants in an aerosol is not considered DWI. The reason is that the state legislature outlined the definition of driving while intoxicated to include the influence of alcohol and certain drugs, but not inhalants.

The case stems from a vehicular manslaughter case where the driver who allegedly sprayed a can of ‘Dust Off’ cleaner in his mouth less than a minute before crashing into an oncoming car. While the high court felt the event was ‘reprehensible’, it felt it could not find a determination of intoxication under the current Vehicle and Traffic Law. A 1966 law against driving while under the influence of drugs was not of benefit either, as it covers only specifically listed drugs.

Huffing is the street term for inhaling chemicals given off by aerosols, paints and glues. They replace oxygen in a person’s lungs and blood stream providing a feeling of euphoria. The practice can be fatal.

The court recommended that state legislators address the legal gap. Ironically, a bill that would have included inhalants and glues as causes of impairment under New York DWI laws did not get out of Assembly committee this past Spring.

An energetic crowd greeted Paris Hilton as she was released from the Century Regional Detention Facility shortly after midnight. Her mother, Kathy Hilton told reporters that she and her daughter were “going to go home, put our jammies on and talk.” Rather than being secreted out of jail, Paris walked out the front door smiling and waving. Sheriff’s deputies pushed back fans, photographers and reporters so the 26-year old heiress could depart in her parent’s Cadillac Escalade.

Hilton spent a total of 23 days in jail, including a day and a half under house arrest. The original sentence of 45 days was reduced for good behavior. Hilton had been released from jail briefly for medical reasons that were later described as psychological, but was ordered to return by the presiding judge in her case. After a stay in a medical treatment center for analysis she was returned to the women’s facility in Lynwood, California.

During her incarceration, Hilton phoned Barbara Walters to say she “used to act dumb” but that she had found God and wanted to be more involved with charitable works.

Hilton was sentenced to jail for a probation violation stemming from a California DUI arrest last year. She remains under probation until March 2009 though she can shorten that time frame by performing community service.

Starting on the first of July, ‘civil remedial fees’ will take effect in the state of Virginia. The measure adds an extra fee to certain traffic offenses, including $2,200 for a Virginia DUI and $3,000 for a felony conviction.

State legislators want the penalty to deter bad driving, though the bill is also openly acknowledged as a source of revenue. More than 65 million dollars is expected to be generated through offenses like reckless driving, running a red light, failing to yield, speeding and drunk driving. Money collected from the fees will help pay for state transportation needs.

Those charged with violating traffic laws that are subject to the new fine can pay their fee over three years. Failure to pay will result in the suspension of driver’s license. The fines apply only to residents of Virginia.

For a complete list of offenses and fees, log onto the following site: www.courts.state.va.us/publications/hb_3202.pdf

Nudity, sex and driving in Seattle – Washington State Patrol officers stopped a couple when their SUV was seen drifting between lanes and speeding up and slowing down on Interstate 90, east of Seattle. They found the 19-year driver and his 20-year old female passenger nude, and engaged in sexual activity. The passenger was also witnessed trying to hide a bottle of wine. After failing a field sobriety test, the driver was charged with Washington DUI and “embracing while driving.” The arrested trooper said “There were some acts of physical intimacy going on in the vehicle that were best saved for not driving down the freeway."

A little frisky in New Hampshire – Taryn McCarthy, 21, was charged with DWI after partying. Three days in jail was added to her sentence for grabbing the arresting officer’s genitals not once but four times. Besides jail, fines, loss of driver’s license and mandatory alcohol treatment, the aspiring actress was required to write a letter of apology to the state trooper.

Those good old college days in New Jersey – During a reunion weekend at Princeton University, seven alumni were arrested for New Jersey DWI. Caught up in the revelry were a law firm partner, two corporate vice presidents, two managing directors and two men in their seventies who were back on campus for their 50th class reunion.

When in Rome, do as the Romans – A 24-year old man from Columbia mistook took the Spanish Steps in Rome for a road and careened down the famed steps in his Toyota Celica. Police surrounding the vehicle near the bottom of the 18th century staircase and charged the man with drunk driving.

The state of Illinois joins Arizona and New Mexico in requiring the installation of an ignition interlock device for all motorists convicted of Illinois DUI. The new law includes those arrested for a first time DUI offense.

The legislation is due in part to a nationwide campaign started by Mothers Against Drunk Driving (MADD) in November 2006. The Campaign to Eliminate Drunk Driving has made the mandatory installation of ignition interlock devices for all DUI offenders its main focus. Buoyed by its success in Arizona and Illinois, MADD has said it will continue to push for similar laws in every state. Currently lawmakers in New York, Ohio, Louisiana and Pennsylvania are considering such action.

In addition to working on a state level, MADD has lobbied Congress with its anti-DUI strategies. As part of the Campaign to Eliminate Drunk Driving, MADD advocates the factory installation of interlock devices in all automobiles sold in the United States.

Besides the use of interlock devices, the organization is pushing for increased law enforcement and a grassroots effort to reduce DUI incidents.

A panel of Florida Appeals Court judges ruled that breath test results from an Intoxilyzer 8000 are accurate enough to be used as evidence in a drunk driving case. As a result, motorists charged with Florida DUI cannot cite the suspected faulty equipment as a reason for challenging their conviction.

The case was raised by Palm Beach DUI defense attorneys after a computer software glitch was discovered in 2006 that resulted in 224 Florida DUI cases being dismissed across the state. The attorneys argued that the software problem warranted the invalidation of breath test results taken from Palm Beach County motorists since the county started use of the Intoxilyzer 8000. If the judges had ruled in favor of the defense attorneys, thousands of DUI cases could have been dismissed in Palm Beach County alone. The Intoxilyzer 8000 is used in every county in Florida.

While acknowledging that a programming error had been detected and corrected, the judge’s wrote that, “the Intoxilyzer 8000 functioned in substantial compliance with the Florida Department of Law Enforcement Rules,” and that the defendants did not show that the software issue had directly affected the results of their breath tests.

According to Pasco County Florida DUI Attorney Jason Melton, the degree of accuracy of the Intoxilyzer 8000 remains a question, and he says it will continue to be a DUI defense issue during jury trials.

Arizona state legislators are pushing a new bill that would repeal a recently approved anti-DUI measure. Just last month Governor Janet Napolitano signed into law legislation requiring that all motorists convicted of Arizona DUI install ignition interlock devices on their vehicles. Now legislators are claiming they had incomplete and even erroneous facts surrounding the impact of interlock devices on drunk driving accident statistics.

Ignition interlock devices prohibit a car from being started until the motorist provides a virtually alcohol free breath sample. They also require periodic tests while the car is in operation to ensure the driver is sober. Arizona law previously required interlock devices after someone had been convicted of multiple DUI offenses or had registered a blood alcohol content in excess of 0.15, also termed extreme drunk driving. The recently passed legislation extended the interlock requirement to everyone convicted of drunk driving, even first time DUI offenders.

During discussion on last month’s bill, statistics citing accident reductions from the installation of interlock devices after a first time DUI were provided by the state of New Mexico. New Mexico is the only other state in the country that requires ignition interlock devices for all DUI offenders. It has since come to light that the statistics on the impact of ignition interlocks covered all DUI arrests as well as other traffic enforcement measures. That dilutes the perceived benefit of mandatory interlock devices for first time offenders.

Opponents also cite reports of mixed results on the ineffectiveness of interlock devices. Others are concerned about motorists who rely solely on the use of a motorcycle. As interlock devices cannot be installed on them, the result would be no form of personal transportation. The high cost of installing and renting an ignition interlock device has also been discussed, with a concern on family budgets.

Gov. Napolitano has said she would veto any measure that relaxes the new DUI law.

The DUI and jail saga of Paris Hilton took yet another twist as the judge in her case ordered her back to jail. Hilton was visibly shaken and screamed, “It’s not right!” She then cried out for her mother.

Hilton was unexpected released from jail shortly after midnight early Thursday morning due to an undisclosed medical condition. LA Sheriff Lee Baca authorized the release of Hilton and the imposition of house arrest for the remainder of her jail sentence. That upset Superior Court Judge Michael T. Sauer who had explicitly denied Hilton the option of house arrest at the time of sentencing. It also created a firestorm of criticism from the public, the sheriff’s deputies union, the Los Angeles County Board of Supervisors, civil rights leaders and defense attorneys.

Judge Sauer issued the order for Hilton to return to court Friday and to show cause why Baca shouldn’t be held in contempt of court. During the day’s hearing the city attorney presented a complaint that Sheriff Baca did not have authorization to release Hilton.

Hilton was initially allowed to be in phone contact with the court during today’s proceedings but then a police squad car was dispatched to pick her up. She was taken to court in handcuffs, casually dressed and with disheveled hair. She cried throughout the hearing and was taken from the courtroom screaming after being ordered back to jail to serve her entire 45-day sentence.

Just three days into her 45-day sentence, Paris Hilton was released from jail due to a ‘medical condition. She will be fitted with an electronic ankle bracelet and remanded to house arrest for the rest of her sentence.

The 26-year old socialite was sentenced to jail for violating the terms of her probation stemming from a California DUI charge. Hilton arrived at the all-woman’s Century Regional Detention Facility in Los Angeles Sunday night. During her stay she was confined to her cell for 23 hours each day. There are reports that she spent the first two nights crying.

According to a Los Angeles County Sheriff’s department spokesman, Hilton has been credited with five days of incarceration because she arrived at the jail before midnight on Sunday and left just after midnight Thursday.

Shemar Moore, who stars in the CBS series ‘Criminal Mind’, was charged with California DUI after speeding near Santa Monica Boulevard in Los Angeles. He was clocked at over 65 miles per hour around 1:30 am. California Highway Patrol reported that Moore “displayed signs of alcohol impairment and a DUI investigation was conducted.”

Moore was booked at a nearby police station and released after posting $5000 bail. He is due in court on June 26.

Moore, 37, is a former soap star who appeared in ‘The Young and the Restless’. He won a Day Time Emmy for his role as Malcom Winters and he has received six NAACP Image Awards. He currently plays FBI profiler Derek Morgan on the CBS series.