Monthly Archives: November 2011

Interesting DUI case

Here’s an interesting DUI decision, from the Philadelphia area: Judge Suppresses Evidence.

Why is this interesting? Because in a case involving a political insider, the judge found the police officer was “less than truthful.”

The officer testified that he’s arrested 200 people for DUI, and 100 of them were later determined to be under the influence. The judge, finding that means 50% of his arrests were not intoxicated, said this called into question probable cause for the stop.

We are happy the judge ruled this way in this case, but we have to wonder about the other 100 or so who were apparently found guilty. Why was this new rule suddenly applied in a case involving an elected official?

We agree that stops should only be made with reasonable suspicion, and that arrests should only be made with probable cause. That’s the requirement under the Fourth Amendment to the US Constitution and a host of Supreme Court cases.

We at also believe that these rules should be applied by all judges in all cases, not just to protect political insiders.

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Florida DUI for a Judge?

Interesting story: Florida Judge arrested for DUI.

We love this quote: “Judge Nelson has now experienced the embarrassment that many other innocent people have felt after being arrested and having the news of their arrest make the papers” – that’s what her lawyer says.

Need a Florida DUI Lawyer?

He’s right, of course, but is that how Judge Nelson has treated defendants in her court in the past?

Her judicial assignment is: “40% of All St. Lucie County Court Criminal Cases; One third County Ordinance Cases; Misdemeanor Drug Court,” per her page on the Kathryn Nelson page on the 19th Circuit website. And she spent 15 years as a prosecutor.

To be fair, we don’t know how she ruled as a judge. Maybe she was fair to defendants.

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