DUI Lawyers Blog Watch

1. Warrant Slapped on Warrant Singer for Skipping Out on Los Angeles DUI Hearings

   As this blog reported, last June 17th, Jani Lane of the 80’s rock band Warrant was arrested for driving under the influence in Los Angeles. The “Cherry Pie” singer is back on the headlines once again after failing to show up for two hearings pertaining to his Los Angeles DUI probation.

   
   The 46-year old singer pled no contest to his misdemeanor L.A. DUI charge and got a relatively light sentence that included three months of alcohol school, one month of community service, and three months of probation. He was due in court on February 23rd, 2010, but he didn’t show up. The judge rescheduled his appearance for February 24th, but Lane again failed to show. According to the website TMZ.com, Lane’s lawyer said that the singer is in the hospital for unknown reasons, and that he will not show up in court until next week.

   The judge in Lane’s case has actually issued a warrant for the lead singer of the band Warrant ...

2. Virginia Toughens Underage DUI Laws

   RICHMOND, Va. – If you’re under 18, drive drunk and get convicted twice, you could lose your license – and your car – under a bill that Gov. Bob McDonnell is expected to sign. The legislation is one of four bills aimed at underage drinkers approved by the General Assembly this week.| Another bill would change current [...]

3. Pienaar Pleads Guilty to DUI

   South Africa international Steven Pienaar has been banned from driving for 12 months and fined 1,000 pounds ($1,496) after pleading guilty to drunk driving. Pienaar was also ordered to pay a 100 pound ($150) fine on Tuesday for failing to obey a traffic signal. The 27-year-old Everton midfielder was stopped by police on Feb. 21, the day [...]

4. Minnesota DWI Lawyer Blogs on Minnesota DWI: This Week's Featured Minnesota DWI Case
   
   The Minnesota DWI Case of the week is   State v. Cypher   which stands for the proposition that it is not nice to try to fool the District Court or the Minnesota Court of Appeals.
   
   
   Mr. Cypher was charged with Felony DWI and his attorney requested a pretrial hearing to contest the validity of the initial stop of vehicle. But then Mr. Cypher's attorney decided to get creative.  Or, as stated by the Minnesota Court of Appeals in its decision:
   
   "We note that when appellant requested a contested omnibus hearing he asserted that the 'sole issue' was the stop, and at the hearing, appellant's attorney reiterated that the 'one issue' was the stop.  But following the arresting officer's testimony, appellant's attorney declared: 'The vehicle was never identified and appellant was never identified, the State can't uphold the stop'.  Appellant challenged the officer's identification of appellant as the driver of the vehicle.  The district court gave the parties an opportunity to respond to appellant's identification challenge before concluding that the officer ...

5. Miranda Warnings in Florida DUI Cases

   Florida DUI attorneys are often approached by clients claiming that following their arrest for DUI, they were not read their rights… i.e. “you have the right to remain silent…”

   Pennsylvania v. Muniz is the most important case in defining when Miranda warnings are required and when they are not required in DUI cases. The Court recalled that Rhode Island v. Innis established the test for interrogation where statements are not made in direct response to questions. Officers' conduct may be considered interrogation if it is the “functional equivalent” of express questioning when considered from the perspective of the accused. Some responses may be considered a product of interrogation, but nonetheless, not require Miranda warnings (for more information and articles on Florida DUI, or if you have been arrested for DUI in Florida).

   In considering this subject in Muniz, the Court recognized four categories of information that a defendant may provide. Those categories are: (1) answers to questions calling for biographical information; (2) answers to ...