Tag Archives: DUI laws

New App shows locations of DUI Checkpoints

An Anaheim Hills high school teacher, in conjunction with a San Diego developer, has created an app that can be used to show the locations of sobriety checkpoints. Geno Rose, the teacher created the app after being stuck in a checkpoint with his wife and newborn son crying the backseat.  It is a real time app that allows those who have the app to update info live for the other users.  It can be viewed and purchased here : https://itunes.apple.com/us/app/dui-dodger/id429342604?mt=8 

iPhone Screenshot 1

For those who criticize the app, the app serves the purpose of assisting sober drivers, just as well, as drunk drivers, and the evidence that a drunk driver is going to use such an app is entirely speculative. Sobriety checkpoints are illegal in 10 states, per that states Constitution. Those states are: Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin, and Wyoming.  The United States Supreme Court decided in the case of Michigan Dept. of State Police v. Sitz that sobriety checkpoints, properly conducted, did not violate the United States Constitution. The decision was 6-3.

Justice Stevens dissent in this case was a powerful argument against such checkpoints: “This is a case that is driven by nothing more than symbolic state action — an insufficient justification for an otherwise unreasonable program of random seizures. Unfortunately, the Court is transfixed by the wrong symbol — the illusory prospect of punishing countless intoxicated motorists — when it should keep its eyes on the road plainly marked by the Constitution.”

Marijuana DUI’s: Part Two

As a San Diego DUI Attorney, I have been reflecting on the last post regarding the Marijuana DUI issue and the potential implications for society in general. A couple of quick thoughts I wanted to share:

(1) I am not advocating impaired driving.  This has nothing to do with that. That is a common tactic of those advocating in favor of strict driving under the influence laws; that is, to vilify anyone who starts to question the laws in and of themselves.   You are dismissed and labeled as crazy, someone who doesn’t care about safety. The reality is, I am questioning the evidence. There is no evidence, at least that I have seen, that Marijuana impairs your ability to drive.   It is really that simple.

(2) Speaking of evidence, there is no scientific evidence that can determine what level of impairment is too high, if any. That is a major problem. The fear is that an arbitrary number will be set to silence those advocating strict Marijuana DUI laws.  The problem with Marijuana and many drugs, is that they stay in your system long after any impairment is gone.  Studies have shown, that a regular marijuana smoker will also have the impairment level in his blood, even when not impaired.

(3) The implications of this could be devastating for a well functioning society.  The whole concept of Marijuana DUI’s is shaky enough, and the thought of an individual being arrested, and convicted in court of a DUI, simply for having marijuana in his system is outrageous.  What also is horrifying if you smoke marijuana on a regular or non-regular basis, and you simply have it in your system even though you are not impaired is getting involved in a auto accident.  If this happens, and someone is injured, you are potentially facing a DUI with Injury, which can lead to serious prison time, if not for the rest of your life. Especially, for those individuals previously convicted of a DUI with alcohol, you are facing serious, serious time.

(4) If you can go to prison or jail simply for having Marijuana in your system, which is essentially what the crime is, you are in a police state. There is no other way to look at.   This is not what the founding fathers had in mind.