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24Jan 2018

Driving "Buzzed" Is Driving Drunk

Massachusetts, our neighbor to the south, has started a new ad campaign informing viewers that driving "buzzed" is driving drunk. We have all heard a friend say they are "fine to drive, just a bit buzzed." Remember, buzzed is not "fine to drive." People are generally unaware how few drinks it can take to put you over the legal limit for operating impaired. In fact,...

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24Jan 2018

Memory And Your Case

Everyone remembers things differently. Scientists call this the "Rashomon Effect," after the Japanese film which shows four people recounting a murder four different ways. Each of remembers events in specifically his or her own way. In fact, if we are not sure of something, our minds will convince us, over time, that what we are not sure of is actually the case. This is a...

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24Jan 2018

Kansas Declares PBT Refusal Crime Unconstitutional

Last month, in Kansas, the Kansas Court of Appeals ruled that refusing to take a PBT (preliminary breath test, the handheld breathalyzer police use) cannot be considered a crime. The reason why it cannot be considered a crime? The crime is unconstitutional.The logic behind the ruling is clear. Our Fourth Amendment rights protect us from from searches. We all have the right to refuse a...

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24Jan 2018

In California, Driving Under The Influence of Marijuana is Subjective

Now that it is legal to purchase marijuana in California, having an ounce or less on you in your car is not going to get you arrested. However, like alcohol, you cannot use it while you are driving. There is a big difference between what can get you charged with an alcohol-related DUI and a marijuana-related DUI. If your blood alcohol limit is above .08...

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03Jan 2018

Holiday State Patrol Season

As in many states, Vermont has ramped up its campaign to crack down on impaired driving during the holiday season. There are ads running on TV, radio and the internet featuring people getting "nailed" who drive impaired. Also interesting is that this year they are focusing almost equally on driving impaired by alcohol or any other substances.In California, the campaign is running under the banner...

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