How DUIstopped.us started ~

DUIstopped.US announces plans to stop DUI’s and put an end to the MADDness of MADD. Intimidation and prohibition will not stop DUI's no more than the death penalty has stopped murder. DUIstopped.US has a 5 point plan to address the flaws in our DUI system, promote transparency in DUI enforcement and force accountability in DMV hearings and the criminal judicial process. This plan will help ensure that drunk drivers are held accountable for their error in judgement and not put back on the road endangering the public. It will also stop thousands of responsible drinkers from becoming a victim of the flawed DUI system, and address the flaws in our nation's DUI enforcement and the judicial process.  We will have our 5 point plan in 5 Change.org petitions for people to sign on-line and on our 2014 Nationwide DUIstopped.US tour so check back for info on the Change.org Petitions

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1.) DUIstopped.US wants the United States Congress to enact Nationwide Mandatory Breath Testing Requirements (MBTR). It is irresponsible for the federal government to pass a law requiring all states to be 0.080 compliant and then not require mandatory annual/monthly breath testing standards for the states to follow in their breath alcohol testing program. The lack of MBTR creates a fundamental fairness argument in the judicial arena because it creates an unfair advantage for the states and tips the scales of Lady Justice in the state’s favor. If we have standardized Field Sobriety Test (FST) why shouldn't we have Mandatory Breath Testing Requirements (MBTR) for every state? DUIstopped.us will lobby the federal government to develop MBTR and require all states who accept federal monies for agreeing to be .08 compliant to implement the MBTR by 2016.

Change.org Petition Example: Change.org Petition # 1 - Mandatory Standardized Breath Testing Practice For All States

2.) Nationally, many leading scientists say forensic labs shouldn’t be administered by police or prosecutors but instead by impartial parties, which the National Academy of Sciences recommended to Congress two years ago. The academy argued that forensic scientists “sometimes face pressure to sacrifice appropriate methodology for the sake of expediency.” The academy recommended that Congress help states and communities pay for independent labs. DUIstopped.US will lobby all 50 states to pass statutes requiring state crime lab testing to be conducted by independent, impartial parties.

3.) “Our nations’ DUI enforcement and judicial system is broken and the defects in this system cause lifelong hardships and financial duress to hundreds of thousands of innocent people caught up in the bowels of justice. We need sweeping changes in to fix the flaws in our broken DUI system that allows manipulation from both the defense and the state , i.e.: the lack of transparency in videotaping all DUI arrests, breath tests, monthly maintenance and calibrations tips the scales of Lady Justice in the states favor. DUIstopped.US will lobby all 50 states to enact mandatory videotaping polices requiring all law enforcement agencies to create videotaping policy and procedures for all DUI arrests, all DUI breath tests, all monthly inspections and calibrations for the state’s breath test devices.

4.) Record keeping and destruction of paper records and video. The lack of standardized breath test result reporting allows some states produce printed breath test and monthly inspection documents while other states till use handwritten documents for both. The lack of impartial, independent record keeping record allows for manipulation of evidence by the state. In addition, there is also a problem with destruction of evidence by the states (both documents and video evidence) before a DUI case runs through the entire legal process, i.e., an appeal or ineffective assistance of counsel or new evidence claims. Allowing states to destroy video in 30 days, and destroy report records in just 3 years is ethically irresponsible in the day and age of electronic data storage. In Florida the defense bar recently found out the breath test machine (Intoxilyzer 8000) in use since March 2006 is NOT approved and NOT listed on the Department of Transportation (DOT) Conforming Product List (CPL) because the manufacturer (CMI, Inc.) modified the Intoxilyzer 8000 after it was listed on the DOT CPL. Both CMI, Inc. and the Florida Department of Law Enforcement Alcohol Testing Program (FDLE/ATP) conspired to cover-up this information from the defense and prosecutors for 8 years. This void in transparency and lack of impartial, independent record keeping tips the scales of Lady Justice in the states favor. DUIstopped.US will lobby all 50 states to enact statutes to require standardized breath test reporting and independent record keeping with destruction policies and procedures.

5.) A person should not have to ‘pay to prove their innocence’ when a state employee makes a mistake in the performance of their duties. If a law enforcement officer makes a bad DUI arrest, the officer should be liable for his Attorney fees. If a Judge makes a bad ruling and the defendant appeals wins the appeal, the judge should be liable for the defendant’s Attorney fees for that Appeal, if the DMV Hearing Officer makes a bad ruling and sustains the license suspension and the defendant appeals and wins the appeal, the DMV Hearing Officer should be liable for the defendant's Attorney fees for that Appeal. If you can sue a doctor because of malpractice then the defendants should be able to sue the officer, the Hearing Officer and the Judge. DUIstopped.US will lobby all 50 states to pass 'Accountability Statutes for law enforcement officers, DMV Hearing Officers and Judges. If your defense attorney is required to carry malpractice insurance, shouldn't law enforcement, DMV Hearing Officers and Judges be required to carry the same insurance?

All states should pass ‘Accountability Statutes for State Employees’ (ASSE) that require all judges to carry errors and omissions (E&O) insurance and statutes that require that all law enforcement and DMV Hearing Officer.

A person should not have to ‘pay to prove their innocence’ when a state employee willfully or unintentionally makes a mistake in the performance of his/her duties. If a law enforcement officer makes a bad DUI arrest, and the defendant lawyer’s up and the attorney gets the case dismissed or the defendant loses the case and has to file an appeal and wins the appeal the officer should be liable for the defendant’s Attorney fees and court cost. If a Judge makes a bad ruling and the defendant appeals and wins the appeal, the judge should be liable for the defendant’s Attorney fees and court cost for that Appeal, if the DMV Hearing Officer makes a bad ruling and sustains the license suspension and the defendant appeals and wins, the DMV Hearing Officer should be liable for the defendant's Attorney fees and cost for that Appeal. If you can sue a doctor because of malpractice then the defendants should be able to sue the officer, the Hearing Officer and the Judge.  All  50 states need to pass ‘Accountability Statutes for State Employees’ (ASSE) that require all law enforcement officers errors and omissions (E&O) insurance, DMV Hearing Officers and Judges to carry a professional liability insurance. 

This will be another check and balance in the flawed judicial system.  If the insurance carrier for a law enforcement officer, for a DMV Hearing Officer or for a Judge have to pay damages for a set number of claims against the insured, the carrier drops the insurance for the customer.  No insurance, no job…. self cleansing through monetary controls.  

If your defense attorney is required to carry malpractice insurance, shouldn't law enforcement, DMV Hearing Officers and Judges be required to carry the same type of insurance?

Evidence of the flaws in our DUI system: Two people who were wrongfully arrested and charged with DUI in Chicago recently won a $450,000.00 settlement. THis is a perfect example of why this type of statute is necessary. The defendant should not have to bear the financial burden and ‘pay to prove his innocence’ because some Rogue DUI cop with a 'warrior cop mentality' decided to abuse his authority and disregard a defendant’s Constitutional Rights to unreasonable search and seizures and then compound ‘willful’ disregard for Constitutional Rights by making an unlawful arrest. 

It’s time for theMADDness to stop...

Ben Franklin said it best:

Justice will not be served until those who are unaffected are as outraged as those who are.

Get OUTRAGED!  Demand that your state legislators pass 'Accountability Statutes for State Employees' (ASSE).

Ei incumbit probatio qui dicit, non qui negat

Proof lies on he who asserts, not on he who denies.

Julius Paulus Prudentissimus