Alabama Criminal Lawyer Blog

Summer brings with it many opportunities for friends and family to get together for cookouts, concerts, and other festivities. Like it or not, many of these events include alcohol. Because drinking often causes people to make bad choices, it is important that the crucial choices, such as a designated driver, be made before the drinking begins.
I recently read this article that speaks about a group of friends who made some bad decisions which lead to the deaths of two of the friends. I was reminded of a similar experience when my best friend's younger brother was driving with some friends in his truck and was involved in a very serious accident. Fortunately, there were no permanent injuries to any of those involved, but the accident served as a wake-up call to my friend's brother.
In these situations, everyone involved suffers. The families of the deceased feel that their relative was blameless in the tragedy, but the reality is that bad choices were made by passengers and driver. The cost is unbelievably high for everyone. The best way to avoid this tragedy is to make better decisions, such as not getting behind the wheel if you have had too much to drink.

Continue reading "DUI Victims Are Not Always Strangers" »

One situation that has been coming up with increasing frequency in my DUI practice has been when diabetic individuals are charged with DUI. It has been extremely surprising to me that officers involved in these cases have not been trained to understand what diabetes is and how it can mimic intoxication in someone especially when that person is experiencing a low blood sugar episode.

When a diabetic is experiencing low blood sugar, their motor functions can be impaired, causing them to drive erratically. This can easily be the basis for a traffic stop for suspicion of dui. However, this may be just the beginning of the diabetic's problems. Some other symptoms of low blood sugar may include slurred speech, impaired balance, disorientation, and poor motor control. Coincidentally, these are all things that officers look for to identify someone who is too intoxicated to operate a vehicle.

To make matters even worse, there are studies that show that a diabetic can receive a false positive on a breath test. The International Journal of Obesity has written on the subject here.

What should someone do if they are a diabetic and get stopped for DUI? First, you should inform the officer that you are diabetic and possibly suffering from low blood sugar. The most immediate problem is that you could be in a situation where you need medical treatment. Secondly, if you have not had anything alcoholic to drink, you should insist on a blood test rather than the breath test that is normally administered. If you have been drinking in addition to being diabetic, you may want to consider whether or not to submit to any type of test. Keep in mind that the police may get a warrant and take a blood sample without your consent.

Continue reading "Alabama Diabetic DUI Charges" »

This story is a perfect example of why I choose to practice in the areas of Criminal Law and Family Law in Alabama. Sometimes the lines between these practice areas are so blurry that it is difficult to see where one ends and the other begins.

From the information given, there are some difficulties that Mr. Dutcher would face if making this claim and using the defense of entrapment in Alabama. I think that it would be necessary for him to prevail on the criminal charge in order to get back to even footing in the domestic case, therefore, I will focus on the DUI case in this blog entry.

Entrapment is codified in Alabama under Section 13A-3-31 of the Code of Alabama. Basically, the code section states that Alabama adopts the caselaw view of entrapment. As a defense, entrapment is generally recognized to mean that an officer of the law, or someone acting as a law officer persuaded the defendant to commit a crime that the defendant would not otherwise have committed.

In this case, Mr. Dutcher would have to prove that these women were 1) officers of the law or somehow acting on behalf of officers, and 2) that they coerced him into driving under the influence of alcohol when he otherwise would not have done so. Entrapment is a difficult defense to use but very effective if it can be proven. One interesting note is that when the defendant puts forth an entrapment defense, they create a burden to prove the elements where normally a defendant has no burden of proof in a criminal case whatsoever.

Continue reading "DUI Entrapment Claim by Man During Custody Battle" »

Joseph Goolsby, 19, of Pinson, Alabama has been charged with two counts of vehicular manslaughter in the deaths of Edgar Perez and Yasmine Aguilar. The couple had two children in the car at the time of the crash and Yasmine Aguilar was 8 months pregnant as well. The baby was delivered before Ms. Aguilar passed away and the other two children appear to be ok as well.

Reportedly, Mr. Goolsby's B.A.C. (blood alcohol content) was more than twice the legal limit at the time of the crash. The accident occurred at around 2:45 in the morning on Saturday, July 24.

This is a situation that I would consider a "worst case scenario." This is something that we all wish never happened. Two lives have been ended and several have been forever changed by the horrible decision presumably made by Mr. Goolsby to drive while intoxicated. This certainly fits vehicular manslaughter since the outcome was predictable when Mr. Goolsby decided to drive after drinking alcohol.

As an Alabama criminal defense attorney, I am cautious to avoid convicting someone without having the whole picture of evidence, but if what is being reported turns out to be true, Mr. Goolsby stands a very good chance of being convicted of these deaths and serving some time even if it is his first offense. This type of situation often receives relentless prosecution from a district attorney due to the horrendous circumstances.

The legal limit in Alabama for a person's B.A.C. is .08. What this means is that if you are found to have a B.A.C. above that limit, you are presumed to be too intoxicated to drive safely. In other words, you are presumed to be guilty of DUI. Don't let the numbers fool you though, you can still be found guilty of DUI with a B.A.C. of far less than the "legal limit." For example, a 19 year old could be found guilty of a DUI if their B.A.C. is .02 percent or higher, due to the fact that the legal drinking age is 21. Additionally, a school bus driver can be convicted for having B.A.C. of .02 or higher. Any driver can be convicted of DUI if they are observed driving erratically by a law enforcement officer and that officer determines that the driver is under the influence of something to the point where it is unsafe to drive.

Continue reading "Alabama Drunk Driver Charged in Deaths of Kids' Parents" »