Tipsy Tow returns for the holidays

If you are out this Thanksgiving weekend and find that you have had a few too many, take advantage of the Tipsy Tow service offered by AAA Oklahoma. Tipsy Tow will give a free tow and ride home to anyone that has had too much to drink and makes the wise choice not to drive. There is a limit of 15 miles. The Tipsy Tow service is available from 6 pm Wednesday through Midnight Sunday Nov. 28 in metro Oklahoma City, Tulsa, Lawton, Ardmore, Enid, Muskogee, and Shawnee. This is a very proactive way to reduce Oklahoma DUI s and drinking and driving.

To request a ride, call 800-222-4357.

The Hunsucker Legal Group and Edge Law Firm promotes resposible social drinking and encourages our friends and clients to take advantage of this offer to avoid an Oklahoma drunk driving charge if they have a little too much to drink.

Powerful DUI Ad

Although the Hunsucker Legal Group protects responsible social drinking, we are aware and concerned about the problem of obvious impaired drivers taking the wheel.

The Australians have produced a 5 minute video encouraging safe driving and discouraging drinking and driving. It is a very powerful video and I highly suggest it as a means to make your young drivers aware of the potential life consequences of drinking and driving. It is moving and somewhat graphic but is well done and will hopefully make your and your family's holiday a safe one.

The ink is:

http://www.youtube.com/watch_popup?v=Z2mf8DtWWd8

John Hunsucker

http://www.okdui.com/

Russian DUI Camera

Imagine going to dinner with a girl that you had just started dating. You have a soda and she had a glass of wine with dinner. In her nervousness, she accidentally spills part of it on her blouse. After dinner, you are taking her to her house. It's 1 am, dark and the road is empty. You are violating no laws. All of the sudden, a patrol car comes out of nowhere with its lights flashing and you are summoned to pull over. Then, you are pulled out of the car and requested to perform roadside agility tests that most people can not do if completely sober. All of this is front of the new girl you are trying to impress. This can't happen in America where the 4th amendmant protects me from unreasonable seizures. Think again.

There is a new device that the manufacturer claims can detect alcohol vapors in moving cars. the Russian firm Laser Systems claim their Alcolaser, using spectroscopy, has a range of 65 feet and can be used on vehicle traveling up to 75 mph. The device is available as a hand held gun the size of a radar gun or as a fixed mounted unit in a patrol car.

Taking about a half second to scan a car, the manufacturer claims the device can detect quantities as small as a quart of beer or 3.5 ounces of vodka without interference from other sources of ethanol. When a person has consumed alcohol, he will exhale alcohol vapors when he breathes. Using spectroscopy, the device looks at how light is specifically scattered after hitting a specific type of molecule. The problem lies with the device not being able to distinguish whether the vapors are coming from the passenger, beer spilled in the floor, or the driver.

In my opinion, using this device to justify stopping vehicles for suspicion of Driving Under the Influence (DUI) would be a violation of the 4th amendment, I can also see where the political pressures to stop drunk drivers could give leeway for some courts to say this is ok. Remember, you could be stopped just because your son/daughter did the right thing and called you for a ride when they had too much to drink.

DUI Arrest Champ Faces Same Charge

Wednesday, November 11, 2009 2:59 AM
By Greg SowinskiThe Lima News LIMA, Ohio --

An Ohio State Highway patrolman once honored as a post trooper of the year and for the number of drunken-driving arrests he made was arrested Sunday on a charge of drunken driving. Gerald L. Gibson, 45, was charged with drunken driving and a lane violation, Auglaize County Municipal Court records show. Gibson's arraignment is scheduled for Thursday in Wapakoneta.Gibson, whose most recent assignment has been as an investigator at Allen Correctional Institution in Lima, has taken a leave of absence because of his arrest, said Sgt. Richard Reeder, a spokesman for the State Highway Patrol.Waynesfield police made the arrest, Reeder said.Waynesfield Police Chief Nathan Motter said he stopped Gibson at 12:24 a.m. Sunday on Rt. 196. Gibson's vehicle had drifted left of center at least twice, he said.Motter noticed several signs of alcohol and asked Gibson to take a breath test, which he refused, Motter said."There were multiple reasons that led me to believe he was intoxicated," he said.Motter said Gibson was off duty at the time and in a personal vehicle.Gibson was named the 2002 trooper of the year at the patrol's Lima post. He was chosen based on leadership, professional ethics and enthusiastic work attitude. Mothers Against Drunk Driving honored Gibson in 1997 for the most drunken-driving arrests by a Lima post trooper.Gibson joined the patrol in May 1990.

Intoxilyzer 5000 Problems

The Intoxilyzer 5000 has had numerous issues over the years. However, the government always falls back on the position that the machine runs a self diagnostic check to ensure that it is working properly. This is fine if the self diagnostic test actually works. Dr. Stephen Rose and Charles Smith, International Forensic Research Institute located at Florida International University ran various diagnostic tests on the Intoxilyzeer 5000 with key parts disconnected. They found that the machine does not ahave the ability to recognize when key parts are disconnected and still showed the diagnostic test to be OK. Some of these key parts were vital to ensure that outside interferents would not affect the test.

LIST OF ITEMS THAT CAN BE DISCONNECTED-INTOXILYZER 5000


INTOXILYZER 5000- Model 6600

1. External breath tube Diagnostic OK
2. RFI external antenna Diagnostic OK
3. RFI connector on the mother board Diagnostic OK
4. Cooling fan Diagnostic OK
5. Internal breath tube heater Diagnostic OK
6. Solenoid #1 Diagnostic OK
7. Solenoid # 2 Diagnostic OK
8. Sample chamber heater Diagnostic OK
9. Pressure switch Diagnostic OK
10. Internal pump Diagnostic OK
11. Key Board Diagnostic OK
12. LPT (DATA) port Diagnostic OK
13. Reset switch Diagnostic OK
14. Start button Diagnostic OK
15. Display Diagnostic OK
16. External breath tub heater Diagnostic OK
17. Dip switches Diagnostic OK
18. Partial Power supply Diagnostic OK
19. Printer pin control Diagnostic OK
20. I.R. Source Diagnostic OK
21. Filter wheel motor Diagnostic OK
22. Power supply No response
23. Printer head controller Processor error
24. Thermostat assembly Processor error
25. Unplugged from wall No response

The machine used was model 66 each part was disconnected singular, all other parts were still connected. The device gave the above listed messages after the self diagnostic program was run. All tests were conducted under the supervision of Dr. Stephen Rose and Charles Smith, International Forensic Research Institute located at Florida International University

Oklahoma License Modifications

This is very positive news. My understanding is that the law will take effect November 1, 2009. No word on whether it will be retroactive BUT there is case law which states that the law in place at the time of the request for modification is controlling. So, we can request modified licenses on clients currently suspended and not eligible for modified licenses under the current law after November 1st and the new law should control making the suspended driver eligible.

Positive New Law

The Governor recently signed a new law which will allow modification of 1 and 3 years suspensions due to DUI. In the past the drivers were barred from driving and there was no legal relief. The new law will allow drivers to install an interlock device and drive any vehicle on which it is installed. Also it appears that a hard license will be available to these drivers rather than the previous paper license they had to carry.

This is positive for the driver who can still maintain a life, protect their jobs, get groceries, medical treatment and do the daily things that requires an automobile in Oklahoma.
It is positive to the general public because people will not be forced to drive without a license, drive with out insurance and they will be driving with an interlock device so they cannot be drinking and behind the wheel.
It is a win for both sides of the equation.