The fifth amendment of the U.S. Constitution protects individuals against self-incrimination. The amendment, when applied to digital devices, takes on special meaning because of the physical aspect of mobile devices. When asked to unlock a phone - a passcode, swipe,...
Digital Surveillance And Criminal Investigations: Unreasonable Searches And Seizures
All year long there has been a debate in the public sphere seeking to balance personal privacy and national security. In the case of terrorism, there is greater consensus that the government should be free to investigate the mobile devices and computers of terrorists...
The Trouble With Multiple DWI Convictions: Deferred Adjudication
Many people arrested each year for drunk driving are repeat offenders. In studies conducted by the National Highway Traffic Safety Administration (NHTSA), one third of all drivers arrested or convicted of DWI each year are repeat offenders. Drunk drivers with prior...
Using The Ambien Defense To Beat DWI Prescription Drug Charges: Part IV Of IV
This is the fourth installment in a continuing series about the Ambien defense as used to defeat DWI Prescription Drug charges. As you can see, the defense is available in limited circumstances. We continue this week with the legal response to the Ambien defense....
Using The Ambien Defense To Beat Dwi Prescription Drug Charges: Part III Of IV
This is the third installment in a continuing series about the Ambien defense when used to beat a DWI Prescription Drug Charge. In this week’s post we will begin to explore the various legal responses to the Ambien defense as it relates to DWI Prescription Drug cases....
Using the Ambien Defense to Beat DWI Prescription Drug Charges: Part II of IV
We pick up where we left off last week. So far we have reviewed insomnia and treatment methods including the prescription for Ambien. This week, we begin with an illustrative case of a DWI Prescription Drug case. This is the second installment of a four-part series....
Using The Ambien Defense To Beat Dwi Prescription Drug Charges: Part I Of Iv
The Sleep Health Foundation estimates that one in three people have mild insomnia. While medical treatment of insomnia includes behavior modifications and natural remedies, many people treat insomnia with prescription drugs. To treat insomnia, many people are...
Use Of Social Media To Publicize Dwi Arrest On The Rise
Have you been on Facebook recently and seen a mugshot of a friend, family member, or acquaintance in your news feed? The mugshot is usually accompanied by a description of the cause of arrest – and increasingly targets suspected drunk drivers. The mugshot is published...
The Constitutional Rights Of Drunk Drivers
Drunk driving is a dangerous practice. In addition to being a crime – misdemeanor and felony – the loss of life and injury caused by drunk drivers is devastating to communities. In a rush for judgment and enforcement of drunk driving laws, sometimes local governments...
The Textalyzer
The textalyzer sounds like the name of a villain in a comic book series. If New York State gets its way, the textalyzer will soon accompany police officers and be part of driving while texting case investigations, as one of the tests conducted at the point of...