Georgia Criminal Defense Blog

Senators in South Carolina seem determined to move ahead with a DUI bill that would create a “tiered penalty system” for drunk drivers. This means, the more drunk you are, the stiffer the penalty. According to an article in the Augusta Chronicle , a legislative panel resumed work last week on the said DUI bill, which is being called a hot topic in the senate.

Under the current law, all drunk drivers are treated equally. Whether a driver is at or over the legal blood alcohol level of .08 or at twice or thrice the legal limit, they are handed out very similar punishment. Of course, the only way it would vary is if the person in question was involved in an auto injury accident or serious or fatal injury accident. In such cases the drunk driver could face a DUI and vehicular manslaughter charge.

South Carolina senators believe H3496 will overhaul the state’s DUI law. While the bill has already passed the house, it needs to get through the Judiciary Committee and the full Senate to become a law. If changed, a special committee of House and Senate members will meet to arrive at a version that will then proceed to pass and become law.

This legislation was reportedly stalled in the House last spring. Among the important issues that came up were whether police officers should have to videotape their questioning of a DUI suspect.

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Nissan has unveiled a concept car that among other things, checks a driver’s soberness and alertness with a mounted camera that monitors blinking. According to a news report from Associated Press, the car’s alcohol detection system also features sensors in the gear shift knob that will test the level of the driver’s perspiration and may even issue a cautionary message in an electronic voice in an effort to prevent Georgia DUIs.

These cars will be available this year in Japan and as early as next year in the United States, the news agency reports. According to Nissan officials, the car was designed in such as way that it can assess danger on its own and interacts with the driver to relay those dangers. Another example of this interaction – if the driver takes his foot off the pedal, the car will automatically apply brakes to stop the car and if the driver continues to step on the gas pedal, the car will keep moving.

From a DUI stand point, the most interesting feature is the way the car’s system measures alcohol levels in a driver’s sweat from sensors in the gear shift. This almost acts like an ignition locking mechanism. In addition, an electronic voice issues a warning. A computerized camera measures the driver’s blinking to check if he or she is intoxicated or drowsy. Nissan officials say they don’t think an average person might want to buy this car, but that it may have its uses in commercial vehicles such as delivery trucks or taxicabs.

Continue reading "Nissan’s New Car Boasts Features That Claim To Prevent DUI-related Accidents" »

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The Augusta Chronicle reports that a former Tybee Island police officer is in legal hot water after being indicted by the Chatham County grand jury on bribery charges involving a 2006 DUI arrest. Prosecutors allege that Jose A. Prichardo, a rookie officer with the Tybee Police Department, took $500 as a bribe from a driver on Sept. 25, 2006 to negate a DUI charge after it had been filed.

The indictment further alleges that Prichardo gave the motorist, Gregory Michael Tyre, a reasonable cause to believe that the then officer would make the DUI charge go away if he paid him the money. The indictment also states that Prichardo did many things out of the ordinary to help Tyre’s DUI charge get dismissed.

He reportedly did not provide results of Tyre’s blood tests to the prosecutor thereby ensuring that there would be no evidence of blood alcohol in the case. The officer then deliberately failed to show up in court, leading to the dismissal of the DUI charge, the newspaper reported.

According to the article, Tybee Police Chief had already fired the 23-year-old police officer for violating department standards and not being able to perform to departmental standards. The officer was reportedly still on probation for his job when he was fired. The said incident occurred only five months after he was hired.

This is an interesting article. It would be interesting when more facts come out during the trial of this officer, who was clearly having other problems performing his functions as a police officer. A Georgia DUI arrest is probably the most common type of arrest an officer will make in his or her career in law enforcement. It is important that police departments ensure that their officers perform to the highest standards.

Continue reading "Former Police Officer Indicted On Taking Bribe In DUI Case" »

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Posted In: DUI Defense

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