Sheriff: 3 dead in suspected DUI crash

Three people, including a 6-year-old child, were killed in a crash Friday afternoon, according to the Hart County Sheriff's Office.
Sheriff Mike Cleveland said the accident happened on Lavonia Highway, near the Lavonia Speedway at 3:30 p.m.   Witnesses told investigators that a man driving a van crossed the center line, hitting the victims' car head-on.
Cleveland said that a 6-year-old girl, her mother, and a third adult were killed in the crash.  They victims were all from Franklin County, Georgia.  The driver of the van was taken into custody under suspicion of driving under the influence.  He is currently being treated at AnMed Health for back injuries. Cleveland said the injuries are not life-threatening.
The Georgia State Patrol is investigating the accident.

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Holiday DUI checkpoints to be out in full force this weekend

PHOENIX -- Wednesday is the day before Thanksgiving. That means that night is traditionally one of the busiest nights of the year for Valley bars and restaurants.
That is because many college students are in town to visit family and friends for the holiday and may be heading out for a night on the town. With the holidays in mind, some newly elected political leaders are helping to get the word out that police in Arizona will be out looking for drunk drivers this holiday season.
Over 80 law enforcement agencies will be taking part in holiday DUI checkpoints and/or saturation patrols across the state starting on Friday night.
Governor-elect Doug Ducey said at a press conference at the Arizona State Capitol on Tuesday that if you are drunk and behind the wheel, you are asking for trouble.
"Arizona is known for the toughest law enforcement in the country for DWI," Ducey said. "I think that's right, and I think that's good."
Attorney General-elect Mark Brnovich agreed with Ducey that you should not drink and drive.
"If you do, there are a dedicated group of public servants and law enforcement officials here that will make sure that if you break the law, you will be arrested, and you will be prosecuted," Brnovich said.
Phoenix Police Chief Daniel Garcia believes that stepped-up enforcement of DUI laws saves lives.
"We will never know how many lives law enforcement has saved by making an arrest, and we'll never know how many lives that we'll save by moving forward on this initiative today," said Garcia. "But we do know one thing. You must not drive impaired in the state of Arizona."
There is one sign that people may be getting the message that if you "drive hammered," you will "get nailed" in Arizona. The total number of DUI arrests dropped by 600 between 2012 and 2013.

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Albemarle Police Increase Traffic Enforcement During Holiday Travels

In the midst of the busy Thanksgiving travel week, the Albemarle County Police Department is participating in the national Click-It-or-Ticket campaign.
The nationwide campaign is currently underway and will conclude on Thursday, November 27th.
Additional ACPD officers will be on the roadway enforcing traffic laws with a strong emphasis on speeding, seatbelt usage and child safety seat usage. Wearing a seatbelt is the single most effective way to save your life while on the road. We ask that all citizens obey the posted speed limits, always have everyone in the vehicle buckle-up and always have a sober driver.
As the holiday season continues, we also want to remind people about the dangers of drinking and driving. December is National Drunk and Drugged Driving Prevention Month.
During the month of December, the ACPD will be conducting extra enforcement for DUI and drugged driving. As you plan for holiday parties and events, plan ahead with a sober driver.
Traffic safety and enforcement remains a top priority for the Albemarle County Police Department. Our goal through the Click-It-or-Ticket campaign and DUI enforcement is to enforce the law in order to save more lives.
Drive safe, drive sober and make it home for the holidays.

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HPD has no plans to purchase body cameras

The August police shooting death of Michael Brown in Ferguson, Mo., has spurred debate across the country, including locally, about whether or not police should be equipped with body cameras.
The Ferguson officer who shot the unarmed teen was not wearing such a camera, leaving many to ask the question: If he had been, would the aftermath of that situation unfolded in the same way?
Highland Police Chief Terry Bell said body cameras could increase police accountability and transparency while also preventing and/or de-escalating confrontational situations between police and the public. The devices could also protect officers if false accusations of abuse or misconduct are made against them.
Bell said he has seen dashboard cameras “save” a number of police officers’ careers more than it has ever hurt them during his 26-year law enforcement career.
He recalled a DUI arrest several years ago in Collinsville, where a dashboard camera video “saved” an officer. In that case, the suspect, who was facing his fourth DUI arrest and jail time, accused a Collinsville police officer of soliciting a bribe while making a traffic stop, Bell said.
Bell later watched the dashboard video with the suspect and arresting officer.
“The stop was textbook perfect,” Bell said.
After watching the video, the suspect looked up at Bell and said: “I must have had a brain tumor.”
HPD currently has dashboard cameras in its patrol cars, which officers use to record their traffic stops. Some officers even use the dashboard camera videos to supplement and write their reports, Bell said.
But HPD is taking a wait-and-see approach before it purchases body cameras for its officers.
“Until the legislation is finalized and is put down in dry ink, I am not going to do anything,” Bell said. “I’m not going to waste my money.”
In September, state Sen. William Haine, D-Alton, and state Rep. Jehan Gordon-Booth, D-Peoria, introduced a measure that would bring in funds to provide officers with both body and dashboard cameras. The proposal would impose a new fee on traffic violations and guilty pleas involving criminal offenses in order to pay for the equipment, but the legislation has yet to go anywhere.
An Illinois Supreme Court Ruling earlier this year that struck down the state’s eavesdropping law, which prohibited the audio recording of any person in the state without their consent — even in a public setting — has also created another legislative twist the General Assembly will need to consider.
Bell believes the General Assembly will ultimately require all police officers to wear body cameras.
But Bell expects the state will impose restrictions on body cameras once police get something on tape legislators don’t want to see.
“That seems inevitable to me,” Bell said. “We value our privacy too much.”
While the pros of body cameras are pretty clear, there are also concerns of logistics.
Bell questioned how long law enforcement agencies should retain camera footage.
“We now store our (dash camera) footage for six months,” Bell said.
But there is no standard. The Illinois State Police, for instance, currently stores its footage for only 90 days.
And when should such video should be released to the public?
“And then who has access to it?” Bell asked. “Does the media and public get to have access to every interaction?”
Bell also had questions on when body cameras would need to be activated and deactivated and where all of the data would be stored.
All of these things need to be addressed by the General Assembly, Bell said.
Then there’s the cost. Body cameras run between $400 and $600 apiece — just for the camera.
But the bigger expense might be the additional computer hardware needed to store the videos, Bell said.
Bell hopes the state will offset body cameras expenses with grants.
“Just look at our cost, and we’re not that big of a department,” he said.
Bell estimated it will cost Highland Police alone about $10,000 just to buy about 20 body cameras.
“If the state makes it mandatory for all police officers to have body cameras and it becomes an unfunded liability, this will be a difficult proposition for some departments to enact,” he said.

Read more here: http://www.bnd.com/2014/11/25/3530627/hpd-has-no-plans-to-purchase-body.html#storylink=cpy

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A new DUI test, in case you’re driving while drugged

Quebec City (Quebec) 25 November 2014 – As if the breathalyser test wasn’t enough, there is a new ‘out to getcha’ gadget to determine whether or not you’re driving under the influence of marijuana, cocaine, heroin or even amphetamines. It’s called Drugwipe or Drugtest and the Federal Government is about to introduce a new amendment to the criminal code to allow the use of the new gadget by police forces across the country.
They are already being used in countries such as Australia and France.
Like the breathalyser, police will be able to stop you and ask to take a sample of your saliva to detect whether or not you have taken some sort of illegal drug while driving. The results are instantaneous, just like the breathalyser, allowing the officer to detain the driver on the spot.
The old method of asking a driver to take a physical test, like walking a straight line or touching your nose with your finger, will become taboo with the new detectors.
The new gadget is not completely flawless leaving the door open for legal battles if the results are not necessarily conclusive.
In most cases however the two devices are infallible and have been found to be very efficient from tests done in Europe.
Other tests are being performed by the RCMP, here in Canada, and the whole idea is being fully supported by the Mothers against Drunk (Drugged) Driving, (MADD) lobbying group.
The new change to the law will be most likely tabled in May 2015. The timing is important because the Liberal Government has said they would legalize marijuana if they were to become the next government.
The NDP would like a clause pertaining to the amount of drugs used by any one individual.

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The Bachelor’s Jade Roper’s Shoplifter DUI Past Exposed

Reality TV just got a bit more “real.”
ABC’s “Bachelor” Chris Soules may need to keep an eye on Jade Roper.

In case you thought the Bachelor’s  Season 19 crop of potentials were all teachers, nurses, and nice girls, take a gander at Jade Roper, a Nebraska girl with a past.
While Jade’s LinkedIn says she’s a business manager for Altruistic Cosmetics, and her website claims she “has a degree in culinary arts from the Cordon Bleu, got her start as a pastry chef in a Las Vegas supper club, ” it is her criminal past that the tabloid unearthed.

Life & Style has learned that the 27-year-old Nebraskan, who posed nude for Playboy Amateurs, has had multiple run-ins with the law.
From Life&Style:

According to Nebraska state records obtained by Life & Style, aJade was charged with possession of alcohol in October 2004, and ordered to complete six months of probation and perform 20 hours of community service.
In December 2005, she was sentenced to 15 days in jail after being charged with a DUI, followed by six months of probation. Just as her probation ended, she found herself in trouble again — in April 2006, she was hit with two counts of petty theft amounting to less than $499.
Scotts Bluff County police officer Brian Wasson tells Life & Style the charges (which were later dismissed) came from her then-roommate, who returned from vacation with her boyfriend to find “their laptop and Xbox missing.” Rounding out her rap sheet, police nabbed Jade in April 2011 for allegedly shoplifting.
A police report claims Jade lifted Maidenform bras and panties, blush, a necklace and a pair of earrings from a Kohl’s department store. (A judge dismissed the charge when the items were recovered.)

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Silent Witness offers cash for DUI drivers

Yavapai Silent Witness board of directors has decided to help in the battle against impaired drivers in Yavapai County. Silent Witness is now offering a $100 cash reward to callers who supply information to Silent Witness at 1-800-932-3232 when an active DUI driver is arrested in the act. The board feels that this Christmas season is the perfect time to get involved and help make the streets safer.

Callers must call the Silent Witness 800 number and supply the necessary information for law enforcement to locate and arrest the impaired driver to qualify for the reward. Callers will be ask to follow the DUI vehicle in order to monitor the direction of travel and direct law enforcement to their location. In addition they'll need to supply the make and color of the vehicle, the direction of travel and the street the vehicle is traveling on. The caller should also try to supply a license plate number.

Callers are reminded that they can call Yavapai Silent Witness 7 days a week 24 hours a day and they never have to give their names.

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California police looking for men posing as officers

FRESNO, Calif. --

There is a warning from police in California, as they are looking for two men impersonating law enforcement.

Investigators say they are very concerned about finding and stopping the fake officers. They say a Fresno man was approached in his car, while at an intersection, by a man shining a flashlight in his eyes early Sunday morning.

Authorities say two fake officers ended up allegedly robbing the man.

"He believed they were cops," said Lt. Joe Gomez, spokesman for Fresno police. "He never thought twice of it."

Police say the victim left a bar in Central Fresno around 1 a.m. and later admitted he was drinking and driving when the two suspects approached him about three miles away.

"As he's making a turn there at that intersection he sees a car pull up next to him," Lt. Gomez said. "He describes it as a gray sedan, similar to a police car."

While stopped there, police say the suspects reportedly sounded very much like officers. They told the victim they smelled alcohol on his breath and wanted to see his wallet. Police say the victim never saw weapons or badges, but the suspects had on what looked like green law enforcement vests.

"So he believed they were working undercover for the sheriff's department, and their car matched that, too," Gomez said. "So he thought nothing of this. He thought he got a break on the DUI."

The sheriff's department had no one working there that night, FPD said. Investigators added there were no Fresno police officers in the area either.

The victim left his car locked up at the scene, convinced the so-called officers let him off the DUI charge with a warning.

The next morning, he told authorities he noticed $300 missing from his wallet.

Being careful of suspicious stops, police say, is OK.

"If you believe it's suspicious, drive to a well-lit area, convenience store is good, if you're close to a police department or sub-station that'd be excellent, but where people are," Lt. Gomez said.

Police say the victim is brave for stepping forward. The only decent description they have of these suspects is one man was Hispanic with a medium build, in his 20s with heavy acne.

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Missoula Law Enforcement Uses Body Cameras

MISSOULA - The parents of slain teen Michael Brown, as well as attorneys and civil rights leaders suggest a new law be created, requiring all police officers in every city to wear video body cameras. While this idea is getting attention in light of the shooting, it's not a new one. All of Missoula's law enforcement agencies already use them.The cameras may look small, but Montana Highway Patrol Troopers say their effective.
"It's an officer discretion thing if they want to use them or not, it's not required policy, but more of a tool we use that gives more evidence," said MHP Captain James Kitchin.
About half of Montana Highway Patrol districts started using body cameras two years ago through funding from the DUI Task Force.
Not only are the cameras used to show how an officer handles a situation, but Kitchin says the cameras come into play most often in providing evidence in DUI cases.
"It gives a view of what we see when we're actually talking to a driver. When you get someone passed out behind a wheel, you might not get a judge or juror or attorney to see that.”
The Missoula County Sheriff's Office and Missoula Police Department also use these cameras.
"It's another step towards more, better technology. The idea of wearing body cameras is not new, and its one we're delving in at the time," said Missoula Police Sgt. Travis Welsh.
The sheriff's office has had about a dozen for some time and is looking into purchasing updated ones. The police department has less than 20 cameras patrol officers started using within the last year.
"Officers conduct investigations every day. Any activity an officer gets in, they can prove to be valuable," Welsh said of the cameras.
Right now the cameras are evenly distributed to officers out patrolling the town.
“We're looking to get more, but it's going to be a process," Welsh said.
A year-long study by the national group, the Police Foundation, found wearing cameras was associated with dramatic reductions in use-of-force and complaints against officers.

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Browning State Senator Arrested for DUI; Claims Harassment

Tribal law-enforcement officers arrested a state senator and Blackfeet leader for driving under the influence, a charge he says has since been dropped and was politically motivated.
Outgoing Sen. Shannon Augare told the Great Falls Tribune on Monday he was pulled over late last week and charged with misdemeanor DUI, eluding a police officer and speeding. He says those charges were dismissed in Blackfeet Tribal Court on Monday.
Police Chief Joshua Black Weasel would only confirm that Augare had been arrested on the reservation.

Augare says his arrest was “pure harassment,” noting that Black Weasel dislikes him because he wouldn’t recognize his appointment as police chief.
In May 2013, Glacier County deputies stopped Augare west of Cut Bank. The senator pleaded guilty to DUI, reckless driving and obstructing a police officer.

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Arizona leaders tout holiday DUI enforcement

An average of about 4,000 drivers in Arizona have been arrested for drunken driving in the holidays for the past several years, and a host of politicians and police leaders came together on Tuesday with a simple message as the season approaches: Get a designated driver.
The theme has been a constant message for several years from the Governor's Office of Highway Safety, the state agency that provides funding for task forces that operate throughout Arizona, and officials believe the message is paying off.
The number of sober designated drivers that police contact increased by 28 percent in a recent three-year period even as the total number of drivers contacted dropped by about 10 percent, according to data from the Office of Highway Safety.
Gov.-elect Doug Ducey echoed the sentiment when he took to a podium on the Capitol Lawn surrounded by law enforcement officials from around the state. The men and women who enforce the law are the reason Arizona is one of the toughest states in the nation on eliminating drunk driving, he said.
"I want people to enjoy themselves this holiday season, but be responsible," Ducey said. "Make the right choice to not drink and drive."
Police arrested nearly 600 drivers on DUI charges during the Thanksgiving holiday in 2012, among more than 4,000 suspected drunken drivers picked up during the entire holiday season.
Arizona Department of Public Safety Director Robert Halliday said the number increased to nearly 4,400 drivers in the 2013 holiday season, which stretches from Thanksgiving through New Year's Day, partially due to an increase in officers participating in the DUI task forces.

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Police ramp up DUI enforcement during holiday season

PHOENIX (KSAZ) - The Governor's Office of Highway Safety is working to make sure people stay safe this holiday season.

Governor-elect Doug Ducey and law enforcement leaders from around the state kicked off this year's "Holiday DUI enforcement" and "Sober designated driver" campaigns.

Extra officers and deputies will be out most nights through the end of the year cracking down on impaired driving.

Police will also be ensuring motorists are driving safe by using seatbelts

In 2013, officers made 14,284 DUI arrests; of those 1,693 were for aggravated DUI, an additional 3,726 arrests were made for extreme DUI.

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CSP starts DUI emphasis patrols

Colorado State Patrol will have extra troopers on the state’s highways through Monday, as troopers look to crack down on impaired driving over the Thanksgiving holiday weekend.
Last year, 411 people were arrested for driving under the influence during a Thanksgiving enforcement period. CSP and partnering law-enforcement agencies across the state use 12 DUI enforcement periods throughout the year in an effort to increase roadway safety around national holidays and large public events.
“It’s our most important job, along with other law enforcement agencies, to make sure that people get to where they need to be safely for Thanksgiving by getting impaired drivers off of the roads,” CSP Chief Scott Hernandez said in a written release.

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Washington County has state's highest DUI conviction rate

At 89.7 percent, Washington County had the highest conviction rate in Maryland last year for driving-under-the-influence cases.
Washington County State's Attorney Charles Strong said he attributed the 462 drunken-driving convictions in 2013 to good police work.

"We have a good group of police officers in the field making good cases," he said.

Washington County's conviction rate was followed by Howard County at 88.8 percent, Frederick County at 87.64 percent, Charles County at 87.56 percent and Wicomico County at 87.3 percent, according to the Maryland State's Attorney's Association.

The average conviction rate statewide was 77.56 percent.

"We do have a number of experienced prosecutors who have been at it a while," Strong said. 

"Experience breeds success. It goes back to experience at the police level and the prosecutor level," he said.     

Law-enforcement officers made 23,225 DUI arrests across the state in 2013, according to the state's attorney's association. Of those, 6,008 were found guilty and 11,003 received probation before judgment, for a total of 17,011, the statistics show.

Probation before judgment means that the court has heard enough facts to support a guilty finding, but the judge wishes not to burden the defendant with a criminal conviction on his or her record.

The statistics show 1,293 of the people who were charged statewide failed to appear in court, and 72 people died with charges pending. A total of 4,921 people were found not guilty, the state's attorney's association said.

In Washington County last year, 550 people were arrested and charged with driving under the influence or driving while intoxicated. Thirty-five of those cases have not been resolved because one person died, 15 failed to appear in court and 19 were unable to be located, according to statistics. 

Of the 515 cases that went to court, guilty convictions were obtained on 184 of those charged in Washington County, and an additional 278 received probation before judgment, the statistics said.

Fifty-three cases were dismissed.

Lt. Michael Fluharty, commander of the Maryland State Police barrack south of Hagerstown, said aggressive enforcement of drunk or drugged driving has always been a top priority for troopers.

He said he agreed with Strong that the high conviction rate for DUIs should be attributed to the "excellent working relationship between law enforcement and prosecutors."

"Law enforcement has a duty to our community to bring strong evidence for the cases the state's attorney presents for prosecution," Fluharty said. "We must work together to ensure the message gets to the public that any drunk or drugged driving will be strictly enforced and prosecuted." 

Strong said he anticipates that the upcoming holiday season would produce a fresh batch of drunken-driving cases for prosecutors to handle.

"Unfortunately, we're looking at another busy year," he said.  

In Maryland, drivers are charged with a DUI if their blood-alcohol content is 0.08 percent or higher, according to the state Motor Vehicle Administration.

A first offense carries a maximum sentence of a year in jail and a $1,000 fine. The offender also loses his or her driver's license for six months. 

For a DWI, drivers must have a blood-alcohol content of 0.07 percent or lower, the MVA said.

A first offense for a DWI carries a maximum sentence of 60 days in jail and a $500 fine. A 60-day license suspension also applies.

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Drugged driving: The hard-to-prosecute DUI

(WAAY) - When you think of a Driving Under the Influence charge, you might think of alcohol first. But law enforcement is facing some challenges when it comes to prosecuting drugged drivers.
According to the Center for Advanced Public Safety, more than 6,000 DUI-related accidents happened in the state last year, killing 208 people.

"This is another Christmas we don't get to have anymore," said Kevin Taylor.
Not a day goes by that Taylor doesn't think about the memories he's missed out on when his brother David was killed in 2002.
"I just collapsed. I was like why, how, what. He said he had been killed by a drunk driver." said Taylor.
The 42-year-old father of two was on his way home to Muscle Shoals from work when a 17-year-old ran a stop sign and slammed into his van.
"He was full of alcohol and drugs both in his system to the point he shouldn't have been walking much less driving," said Taylor.
The teenage driver was sentenced to 20 years behind bars for manslaughter. The accident also led to a change in law. In 2009, the state passed Taylor's Law in his honor, to make teenagers understand driving is a privilege not a right. Now some are calling for another change in the law.
"You never know when one DUI will become the one that cost somebody their life, and I carry that thought with me every time I prosecute a DUI," said Limestone District Assistant District Attorney Matt Huggins.
Huggins handles the majority of DUI cases in Limestone County. But he said he has a tough time getting a guilty conviction when prescription pills and illegal drugs are involved.
"Under current Alabama law, it is difficult for us to prove DUI Controlled Substance and the reason is that there is no legal presumption for a level of intoxication. For example, with DUI alcohol there is a presumption that if your blood level is 0.08 percent or higher that your legally presumed to be under the influence of alcohol. With prescription drugs, there is no such presumption," said Huggins.
In most cases, Huggins said he needs a blood test to prove the level and type of intoxication.
"If the defendant doesn't admit that they have been taking prescription drugs, if we do not find them in the car, it's not very likely we will get a guilty conviction without a blood test," said Huggins.
Now Senator Arthur Orr is sponsoring a bill that would better define the influence limits of illegal and prescription drugs.
For example, the bill would put a legal limit of 5 nanograms per milliliter of blood of THC found in marijuana, a measure that matches other state's laws. Any amounts of cocaine, methamphetamine, and a list of nine prescription medications would also be considered under the influence unless driver's have a prescription for the substance and are taking it as prescribed.
"You see many other states going towards this. And then when I mentioned it to our prosecutors, they were very much in favor of it because we have a lot people driving under the influence of drugs. And it's very hard difficult to prosecute them but they are taking the rest of the driving public's safety in their own hands" said Orr.
It's a lesson the Taylor family will never forget and justice they will never stop fighting for.
"I don't get to say OK Lord, bring him back out of the ground. He's been in there long enough. He got to spend his twenty years like the other guy did. Bring him on back. That doesn't happen," said Taylor.
Senator Orr presented the bill in this year's legislative session but it was indefinitely postponed. He plans to try again next year. If the law were passed, no blood test could be done without the driver's consent or a search warrant.
To read the bill, click here.

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North Carolina: Court Denies Lawyer In DUI Blood Draw

North Carolina Appeals Court denies DUI suspect access to a lawyer during a forced blood draw.Several states have begun cracking down on the the practice of drawing blood by force from motorists in light of the US Supreme Court's McNeely decision (view case), but not North Carolina. The state Court of Appeals decided last week that motorists suspected of driving under the influence of alcohol (DUI) may not have access to legal counsel if they are having their blood forcibly drawn pursuant to a search warrant.

Matthew Smith Shepley, a 26-year-old student, was not behind the wheel of a car, or even a motorcycle at 11:30pm on November 22, 2011. Instead, he was pulled over on 20th Street in Buncombe County while riding a scooter with a non-DOT approved helmet. His driving showed no signs of impairment, and he pulled over in his girlfriend's driveway.

During the traffic stop, Deputy Dean Hannah smelled alcohol and took Shepley into custody. At the Buncombe County Detention Center, Officer Travis Jones apprised Shepley of his right under state law to call an attorney and have a witness present for the breath test, and Raquel Harvey arrived to watch. Shepley asked for the breathalyzer machine to be calibrated, but when the officer refused, Shepley said he would not submit to the test.

Officer Jones went to obtain a warrant and ordered Harvey out of the room while Shepley's blood was taken. The State Bureau of Investigation said the result was a blood alcohol content of 0.14. Shepley was convicted and fined $1250, charged $762 in fees and received a sentence of 7 days in prison plus a year of probation on the condition he attend a alcohol treatment program. His driver's license was also suspended. Shepley's public defender appealed on the grounds that the initial stop was invalid, Shepley did not receive a speedy trial, and the drawing of blood without a witness was illegal. The three-judge appellate panel disagreed.

"The plain language of the [witness] statute limits its application to situations in which a defendant consents to take a breathalyzer or other test designated by the officer," Judge Sanford L. Steelman Jr wrote foor the court. "We hold that, because defendant's blood was drawn pursuant to a search warrant obtained after he refused a breath test of his blood alcohol level, he did not have a right under North Carolina General Statutes Section 20-16.2 to have a witness present."

The panel also held that riding a scooter without a DOT-approved helmet was justification for the stop. A copy of the decision is available in a 120k PDF file at the source link below.

Source: North Carolina v. Shepley (Court of Appeals, State of North Carolina, 11/4/2014)

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Iowa: Cops May Not Snoop On DUI Consultations With Lawyers

Iowa Supreme Court rules that, if asked, Iowa cops must inform DUI suspects of their right to a private consultation with a lawyer.

A motorist suspected of driving under the influence of alcohol (DUI) has the right in Iowa to consult privately with an attorney to decide whether to take a breathalyzer test, the state Supreme Court ruled Friday. The unanimous decision threw out the evidence against David Joseph Hellstern because a police officer eavesdropped on Hellstern's phone call. Though Hellstern asked for privacy, the officer failed to disclose that private in-person attorney consultations are permitted under state law.

Ankeny Police Officer Brandon Dyer pulled Hellstern over on March 31, 2013, claiming Hellstern's vehicle weaved over the road's center line twice. Officer Dyer smelled alcohol on Hellstern's breath and noted that he was lethargic and somewhat confused. After Hellstern refused the field sobriety tests he was arrested and booked at the Polk County Jail. Officer Dyer read the "implied consent" advisory and asked Hellstern whether he wanted to make a phone call.

Although Hellstern is a lawyer, he specializes in family law, real estate and corporate law. He claims no expertise in DUI or criminal law. As it was 2:19am, none of the five attorneys he called answered. Finally, attorney Meegan Keller returned a message at 3am, and Officer Dyer stood close by while Hellstern consulted with her over the phone.

"Can I have a moment with my attorney?" Hellstern asked.

Officer Dyer refused, thinking the law did not require him to tell Hellstern that he could have a private conversation with the lawyer if she came to the jail in person. At 3:36am, Hellstern took the breath test under protest. He blew a 0.19, more than double the legal limit.

Polk County District Court Judge Joe E. Smith agreed with Officer Dyer that there was no right to be informed about the possibility of a private conversation with a lawyer. He fined Hellstern $1250 and sentenced him to three days in jail. Hellstern appealed on the grounds that he had a constitutional right to counsel and that Iowa law provides a clear right to privacy for anyone arrested.

"An attorney shall be permitted to see and consult confidentially with such person alone and in private at the jail or other place of custody without unreasonable delay," Iowa Code Section 804.20 states.

The high court reviewed case law stretching back to 1990 that held whenever an arrestee invokes a statutory right, even if imperfectly phrased, the police officer must explain what the arrestee is allowed to do.

"In this case, Hellstern unequivocally requested a private attorney-client conference before he submitted to the Breathalyzer test," Justice Thomas D. Waterman wrote for the court. "We hold that Hellstern adequately invoked his statutory right to a confidential consultation with his attorney under section 804.20 by requesting privacy during his phone call, triggering Officer Dyer's duty to inform him that the attorney must come to the jail for a confidential conference. Officer Dyer's failure to explain the scope of the right to a confidential consultation violated section 804.20. The remedy for such a violation of section 804.20 is suppression of the chemical test results."

Chief Justice Mark Cady and Justice Bruce B. Zager agreed with their colleagues but argued separately that the court must go further. The current system where some know their rights and others do not should be changed, they argued.

"No rule of law should work as a trap for any person or the government," the justices wrote in a concurring opinion. "To ensure a fair and neutral application of the statute into the future, our prior cases should be reversed and replaced with a simple rule that a peace officer must advise every arrested person of the statutory right to counsel."

A copy of the decision is available in a 120k PDF file at the source link below.

Source: Iowa v. Hellstern (Iowa Supreme Court, 11/21/2014) 

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