Source Code Litigation, What's all the Hoopla?

More and more these days we are seeing attorneys discussing source code litigation on their websites. What is it and how can it help a person facing DUI charges.

Well, the long and the short of it is as follows: If you were arrested and chose breath as your test that machine uses software that runs the process. That software is at the heart of the "source code" legal battles, attorneys want the software codes and some manufacturers refuse to turn it over. The lawyers argue that the code is necessary to defend the client against the machine result. On the other side is the breath machine companies that argue it is proprietary and protected and that is the battle. We will see more on this topic in the future.

Instant Breath Testing, the New Age of DUI

For decades the norm in breath testing for DUI cases was to transport the arrestee to the station and have them blow into a tabletop breath machine. Times have changed, today many police departments have roadside breath instruments that can obtain a sample right on the side of the road. These devices present new challenges for reliability and integrity, the jury is still out on the permanency and widespread use of these point of use breath machines.

Judges, Prosecutors and Jurors in Drunk Driving Cases

The crime of drunk driving is viewed much differently than other misdemeanor offenses in the criminal justice system. The danger of impaired driving hits home for most people much more than say a assault and battery. The mere mention of the term evokes very discerned emotion and sometimes even fear. Prosecutors have a much greater political pressure when plea bargaining DUI cases. As such, a very different approach must be taken when dealing with the judicial system, to ignore this can be fatal.

Marijuana and Impairment

The most commonly utilized chemical test for a marijuana after a DUI arrest is a urine test. In most of California typically a suspect detained for DUI will be required to submit to either a breath or blood, but when drugs such as marijuana are suspected the choice is restricted to blood or urine. Because most people will choose to take a leak in a cup over having a sharp needle jabbed in their arm, the most common test seen is that of urine. Problems can come into play with marijuana urine tests. The most often asked inquiry is how long does marijuana stay detectable in a persons urine?

It is commonly accepted in the scientific community that cannabis metabolite (a breakdown product) is detectable in urine for an extended period of time compared to other drugs. Initially, it is important to define what is meant by marijuana metabolite. Very often this term refers to a specific breakdown product of cannabis called delta-9-carboxy-tetrahydrocannabinal (otherwise known as THC). What is crucial to understand in the context of DUI prosecutions is that carboxy THC is not psychoactive and has no effect on ones physical performance or ability to drive an automobile safely. Carboxy THC is an oily substance that accumulates in a person's body fat over time after smoking and is slowly released into the blood and excreted into the urine as a waste product.

This is the main reason why carboxy THC is detectable in the urine for extended periods of time compared to that of other substances and their metabolites. Since the effects of pot seldom last beyond several hours, the presence of carboxy THC in the urine sample collected after an arrest for DUI does not necessarily prove that the individual was DUI or impaired by the recently smoked pot at the time of driving his or her motor vehicle.

How Do the New California DUI Laws Affect Cases from 2009?

The answer to this question is not yet fully resolved. If you read the statute governing the new law the language does not fully explain how the issue of retro activity will be addressed. As such, DUI offenders with cases occurring before 2010 and before July of this year will need to be treated differently than offenses that occur after the law takes full effect. Any comments appreciated.

New California Law to Allow Restricted License for Second DUI Draws Criticism

The new law going into affect in July 2010 allows for second time DUI offenders to get a restricted license after serving just 90 days of a suspension. This new law is a far cry from the old law which mandated a minimum one year suspension before a restriction could be granted. The new ignition interlock restriction still has many in an uproar, particularly MADD proponents and those seeking to turn multiple DUI offenders into felons. Time will tell whether their will be a turnabout on the granting of early license reinstatement in the golden state.

The Emergence of HAMM

With increasing frequency Judges are ordering as a term of probation for DUI that offenders attend a hospital and morgue program, known as HAMM. The Courts want to take a shock approach with probationers and therefore require the programs that show the attendees dead bodies, injured individuals and the aftermath of DUi accidents. These Court ordered programs seeks to impress upon the students that drinking and driving causes death and despair for all. I am awaiting a study that presents any empirical evidence of the program's effectiveness. Anyone with info. please comment.