The State Legislature is considering a measure requiring a special license plate for those convicted of driving under the influence in Tennessee. The proposed bill would require a judge to sentence all found guilty of TN DUI to obtain a yellow license plate with ‘DUI OFFENDER’ in red letters. The license plate would have to be on the offender

A review of crime and traffic data shows that counties that sell alcohol have distinct differences in crime rates and alcohol related accidents from those that don

A former attorney from the Buffalo New York area, who once had plans of running for a judicial office, has been sentenced to jail. Anne Adams was arrested for driving while intoxicated in NY last September. She attempted to avoid prosecution by asking a sitting judge to declare her not intoxicated and she sought a falsified result for blood alcohol content.

Adams, 46, was sentenced to 15 days in jail and three years probation, fined $395, ordered to perform 100 hours of community service and required to write a letter of apology to the arresting officer in the NY DWI case. She also lost her law license and was dismissed from her position at the University of Buffalo Law School.

The State Supreme Court justice who handled the case called the episode “embarrassing and shameful.”

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A North Carolina DWI defense attorney implicated in the ticket fixing scandal in Johnson County will not be paid for some of his services. The state Office for Indigent Defense Services said that Chad Lee, one of the four criminal defense lawyers whose clients benefitted from the illegal case dismissals, will be barred from payment. The office went on to clarify that payment will not be issued in all cases Lee was appointed to after April 13, citing an inability to provide “quality representation” with criminal charges being filed against the former county prosecutor.

The majority of cases dismissed in the ticket fixing scheme were represented by Attorney Lee.

The State Bar typically only takes action against an attorney after the legal process is completed. Like any other case, there is a presumption of innocence until proven guilty. Some wondered however whether Lee should be permitted to continue handling court appointed cases, given the criminal charges pending against him for his alleged role in the DWI ticket dismissals. Even other defense attorneys say the case against Lee could impair his credibility and thus his effectiveness in court.

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A spike in the number of DWI case dismissals in one North Carolina county led to a review by the State Bureau of Investigation. Records show that 46% of the arrests for drunk driving in Johnston County were dismissed. The state average for DWI dismissals is 21%.

As a result of the investigation, six people, including a former county prosecutor and a former deputy court clerk, were indicted on charges of altering court records and using illegal dismissal forms to get a total of 37 cases dropped.

A District Attorney said a tracking system installed in October 2007 found cases scheduled for trial that had been dismissed months earlier. Of the 37 cases investigated by the SBI, 33 were for alcohol related offenses including driving while intoxicated in North Carolina. Most cases were dismissed on technicalities, such as tests not being completed or a witness not being available, though some were dropped without apparent reason. 70 dismissal forms signed by the Johnson County prosecutor were filed after she had left her position in September 2007. The court clerk was found to have deleted at least two cases from the court computer system.

The 70 dismissal forms were filed for cases involving just four criminal defense attorneys, including one former Johnson County prosecutor. It is not known if the defendants are aware that their cases were dismissed illegally.

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According to a study done by the Denver Post newspaper, one in three drivers arrested for driving under the influence in Colorado are repeat offenders. Between 2005 and 2007, law enforcement records show an average of 31,011 arrests for Colorado DUI. According to data from probation department evaluations, an average 10,835 had at least one prior arrest for drunk driving.

Colorado is one of four states where multiple DUI convictions do not necessarily result in a felony. Of the repeat offenders, 84 had at least 10 prior arrests and 5 had more than 20.

In recent years Colorado legislators have lowered the threshold for intoxication from .10% to .08%. Laws have been passed making it more difficult to plea bargain DUI cases and increasing the penalties for driving under the influence and driving while ability impaired. Citing a tight state budget, lawmakers have not passed a felony DUI law. In addition, the state grapples with prison overcrowding, full court dockets and an over-worked probation system.

A Colorado DUI task force is looking into measures to diminish drunk driving, especially repeat offenses.

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1 traffic stop, 2 Indiana DUI arrests

Austin, Texas

Statistics released by the City of San Marcos show that alcohol related arrests and citations are declining. Incidents of Texas DWI, minors in possession of alcohol and public intoxication have all trended lower since 2005. The number of arrests for driving while intoxicated in San Marcos, TX dropped from over 150 in 2004 to less than 100 in 2007.

A spokesperson for the San Marcos Police Department said that awareness is the largest contributing factor in the declines. Motorists and students are taking more responsibility when they consume alcohol. The city website provides links to numerous agencies and resources pertaining to health and alcohol awareness. Texas State University, located in San Marcos, has initiated a free ride program to students who are intoxicated or otherwise unable to drive. Counseling and educational programs also are available to students.

Even local bar owners are not surprised by drop in Texas drunk driving and alcohol related arrests. They say that police presence and the number of patrons has remained the same, drinkers are simply making smarter decisions.

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Austin, Texas – The Senate approved a measure that would change the troubled Texas Driver Responsibility Program. Currently surcharges as high as $6000 are applied to those convicted of driving while intoxicated in Texas and other driving violations. The charges are in addition to regular fines, and the financial burden has lead to more than one million motorists being unable or unwilling to pay them.

The bill’s author, Senator Eliot Shapleigh, originally called for scrapping the program in its entirety. Negotiations lead to a compromise allowing judges to lower the surcharge based on the case and barring the state from assessing students and the indigent. The legislation also allows motorists to earn credit toward satisfying the surcharge for each year they have no additional traffic violations.

Sen. Shapleigh called the surcharges ‘punitive fines’ to help the state balance its budget. The Texas Driver Responsibility Program was passed in 2003 when the state was facing a $10 billion gap in revenue. The intent claimed at the time was to make the fines so large that it would deter people from speeding, driving recklessly and driving under the influence. The biggest surcharge was levied against those convicted of drunk driving in Texas – $1000 each year for three years and $2000 each year for those with a blood-alcohol content in excess of .16%. The funds generated would go toward highway construction and trauma care. In practice, the percentage for highway funds has been redirected to the state’s general fund and very little money has been spent on medical infrastructure. Of the 1.6 million motorists hit with the surcharge, nearly 1.1 million have not paid what now amounts to nearly $900 million.

A report from the Texas Department of Public Safety indicates that only 25% of those charged with failure to have a valid license paid the fine. 36 percent of those charged with Texas DWI paid. In 2007 the Texas legislature granted partial amnesty and initiated an incentive program for motorists to be in compliance. The DPS has increased its efforts to collect the surcharge, even going to the extent of hiring a collection agency.

The proposed legislation revamping the Driver Responsibility Program was passed by the state Senate by a vote of 23-5.

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