Category Archives: Opinion

Can We Rely on SCRAM Devices to Help Prevent Drunk Driving?

SCRAM DeviceIn some places like New York City, repeat DUI offenders are required to wear ankle bracelets that signal to an officer if the offender has had a drink.  On the surface, this method of preventing drunk driving seems like a good idea, but many people feel that it is unconstitutional.

These ankle bracelets, otherwise known as SCRAM (Secure Continuous Remote Alcohol Monitoring), are devices that detect alcohol in a person‘s perspiration.  The device sends information via a modem to a central computer.  At any given moment, a probation officer can log into the computer and check to see if the person wearing the SCRAM bracelet has been drinking.  The officer can find out the exact time of day the offender started drinking, their blood alcohol level, and when their body has expelled all the alcohol.

Although the SCRAM device is a step in the right direction in terms of finding ways to keep drunk drivers off the road, we have to keep in mind that a device like this doesn’t come without issues.

Is it safe to rely on technology to determine a person’s innocence or guilt?  There have been many issues with the breathalyzer device – who’s to say that the SCRAM is any different?  These devices will cost money to maintain – will the government commit to making sure these machines will actually work 100% of the time?  What if there was a glitch in the system?

You won’t have to worry about going through this if you commit to making a change after being charged once for a DUI.  Get help from a San Diego DUI lawyer now…

Sobriety Checkpoints and the Fourth Amendment

This Union Tribune article says that DUI checkpoints will increase in Escondido, an area in North County.  The Escondido police department plan to have 12 DUI checkpoints as opposed to 9 which have been set up in the past couple years.  According to traffic Sgt. Dana Ray, the department has made 69 DUI arrests in the past two years.  I don’t know about you, but 69 arrests doesn’t seem like much considering that there were probably so many more people out there who did drink and drive but didn’t get caught.

I often wonder if sobriety checkpoints are truly effective.  The Fourth Amendment comes to mind which is the amendment that guards against unreasonable searches and seizures.  Some would say that checkpoints are not unreasonable considering that they help protect the roads and highways while others feel that checkpoints violate our privacy.

Looking at the Fourth Amendment from another perspective…What if the police came knocking at your door every weekend wanting to search your home to make sure you weren’t harboring criminals?  Wouldn’t you feel violated?  Wouldn’t you want a search warrant?  What makes searching cars any different?

I believe that education is the key to prevent drunk driving, in addition to offering more help and counseling for repeat drunk drivers.

What do you think?

Here’s another article of interest: Legality of Sobriety Checkpoints

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Need help with your San Diego DUI?  Get help from an experienced DUI defense lawyer!  Call 619-244-4068

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Photo Credit:  ZanePaul Photos

The Biggest Misconception About a DUI Arrest

Partying at the ClubDrunk driving is a common occurrence in the United States today and many people don’t take it very seriously.  People tend to view an arrest for a DUI (otherwise known as Driving Under the Influence) as a minor traffic incident, but this couldn’t be further from the truth.

Many people who’ve been arrested for drunk driving attempt to defend themselves in court without a DUI defense lawyer, but come to find out that a DUI is a complex case that requires much research and investigation.  There are many questions to answer such as:  What was the chemical makeup of the defendant prior and during the arrest?  Has the breathalyzer device used been properly maintained?  Is there a chance that any medications or food the defendant ate could have affected the breath test?

Yes, a DUI arrest is something that shouldn’t be taken lightly.  Considering the long-term ramifications of a conviction such as high fines, jail time, a driver’s license suspension, mandatory attendance of an alcohol program (which costs money too!) and an increase in insurance rates, a DUI is indeed something that requires much attention – even if it’s your first DUI arrest and you have a clean record.

Find out about the top DUI mistakes

Isn’t It Time to Change DUI Penalties?

I’ve always believed that simply throwing people in jail doesn’t stop people from drinking and driving…and for someone to be arrested for their 10th DUI means that they don’t know right from wrong.  A woman in Florida, Janet Landrum, has a sad DUI resume to include a 10th DUI arrest this past weekend.

It’s obvious that people with multiple DUI’s don’t have common sense.  After all, people who all these DUI arrests are alcoholics and they shouldn’t just be thrown in jail.  It should be mandatory that they get help.  In California people arrested for drunk driving are required to attend DUI programs or classes, but oftentimes that just isn’t enough.  People need one-on-one counseling to get to the root of their drinking problem.  Of course, all of this counseling would require money and the government really isn’t willing to fork over the money to back this type of initiative.  Instead they keep throwing people in jail which ends up costing more money in the long run.

Isn’t it time to change DUI penalties?  Obviously the current laws aren’t doing anything to deter people from drinking and driving…

If you keep doing the same things, you’re going to keep getting the same results.

If you’ve been arrested for a DUI in San Diego, make sure to hire a lawyer who specializes in DUI laws and procedures.

Related Post:

How Many DUIs Does It Take?

One Way to End Drunk Driving

Turn on the news nowadays and you’re likely to hear a story about a drunk driving incident.  Lawmakers and organizations have tried to come up with ideas to fight this growing issue, but it seems as if there hasn’t been any improvement.  Non-profit organizations like M.A.D.D. have tried to educate the public about the consequences of drinking and driving and yet the problem continues.  Is there indeed a way to stop the problem?

Most people who drink and drive don’t think that they’re drunk when they get in the car.  The mentality is, “Oh, I’ve only had a drink or two”, but in reality they’ve had three or four drinks.  Then there are people who think nothing could ever happen to them, so drink and drive without any thought or awareness of the consequences.

A psychologist will tell you that in order to change people’s behavior, people should be given some kind of positive reinforcement for good behavior.  So based on this idea of rewarding good behavior, we could guess that perhaps the way to end drunk driving is to give drunk driving repeat offenders incentives for not drinking and driving.  Instead of repeatedly punishing them – which doesn’t seem to be working right now – perhaps positive reinforcement will help.

It is possible to end the drunk driving problem in the U.S. or at least decrease the amount of incidences?  All it takes is a little commitment from law makers and consistency in implementing rules and policies.

If you’ve been arrested for a DUI in San Diego, make sure to hire a professional and experienced San Diego DUI lawyer.