The next DWI College will be held July 19-22, 2010 at the Westin Austin at the Domain in Austin, Texas.
New Judicial Resource Liaison - read about it here.
More info available on the DWI website!
Driving While Impaired = Driving While Medicated
Anecdotally, we know that we are seeing more impaired driving cases where defendants have used illicit drugs or prescription drugs alone, or in addition to alcohol. This article discusses the same trend in Arizona and explores the unique challenges these cases present to law enforcement and prosecution.
The Arizona Republic
Arizona Sees Surge in DUIs Tied to Medicine
Apr. 8, 2010 12:00 AM
The driver was wearing his tennis shoes on the wrong feet, and he could lift his arms only halfway to his chocolate-covered face when officers stopped him at a Tucson fast-food restaurant.
He seemed impaired. Yet there was no alcohol in the 44-year-old's system.
It would take a toxicology test to learn that a cocktail of five different drugs was coursing through the driver, who was later charged with DUI.
Cases like that, experts say, have become commonplace. Legally prescribed drugs are more accessible. And when they are mixed and mingled - occasionally for legitimate therapeutic purposes but more often because of abuse or ignorance - they often land people behind bars.
In the Tucson case, the stop for erratic driving eventually revealed that the motorist was under the influence of anti-anxiety drugs and anti-depressants.
Careless use of prescription drugs, better police training to recognize impairment and cutting-edge equipment that detects even traces in blood samples are responsible for a soaring number of drug-related arrests for driving under the influence, authorities say.
The number of drug-related DUI cases handled by the Arizona Department of Public Safety rose from about 4,400 in 1999 to more than 14,700 last year, an increase of more than 230 percent. The state's population in that period rose about 38 percent.
2010 DWI Court Team Training
This May the Texas Center for the Judiciary hosted the 2010 DWI Court Team Training at the Westin Austin at the Domain in Austin, May 17-20. Faculty from the National Center for DWI Courts along with facilitators from the Texas judiciary helped train four teams from Bexar, Calhoun, Harris, and Montgomery counties.
Judge Jo-Ann De Hoyos, Judge Alex Hernandez, Judge Mark Atkinson and Judge Patrice McDonald all brought different staff members to this intensive training. Judge Randy Gray, Judge Dibrell Waldrip, Judge Ray Wheless and Judge Tim Wright attended as shadow facilitators throughout the conference; they provided help with Texas law and shared their experiences as DWI court judges.
Judge David Hodges acted as host and presenter and Ms. Tana Petrich, Associate Director, Ms. Sherry Ballance, Conference Coordinator, and Ms. Rebecca Pitts, Program Assistant, provided staff support throughout the three-and-a-half-day conference. The training was videotaped so it may be posted on the Texas Center for the Judiciary’s DWI website to help train new members of existing DWI Court Teams. We’ll let you know when the videotaped sessions will be available online.
If you’re interested in applying for next year’s 2011 DWI Court Team Training, please contact Judge David Hodges or Rebecca Pitts for further information.
Chemically Altered THC is Available at Your Local Head Shop
At least four different strains of chemically altered THC are being marketed in Texas as “herbal incense” at local head shops and some convenience stores. In addition, there are approximately 100 such products available on the internet. Most of these products are manufactured in China or other parts of the Far East by drying different herb and plant leaves and spraying or infusing them with THC that has been chemically altered to be one molecule different than the THC labeled as illegal, and thus not detectable in urine tests. Research shows that the high from smoking these “herbal incense” products is almost identical to that of marijuana. To read more about this exploding market and why it has already been banned in Europe, read this article:
K2, Spice Gold, and Herbal 'Incense'
Legal Herbal Products Laced With Designer Drugs: Not Your Father's Marijuana
By Daniel J. DeNoon
WebMD Health News
Reviewed by Louise Chang, MD
March 5, 2010 - K2, Spice Gold, and dozens of other currently legal "herbal incense" products are spiked with powerful designer drugs -- and they don't show up in drug tests.
As early as 2004, this type of product began appearing for sale on the Internet and in head shops in Europe. By 2008, sales throughout Europe soared; U.S. and Canada sales took off in 2009.
"I believe it is everywhere in the United States," Marilyn Huestis, PhD, chief of chemistry and drug metabolism at the National Institute for Drug Abuse, tells WebMD.
Package labels feature psychedelic art and claim that the contents are a mixture of various herbs. But unlike smoking the herbs listed on the label, smoking the products produces effects similar to those of marijuana, hashish, and other forms of cannabis.
"Hospitals in Europe began to report instances where a person appeared with all the symptoms of cannabis intoxication, but their drug screen was negative," Huestis says.
Users, parents, public health officers, and enforcement agencies all want to know: What really is in these products? How safe are they? Are they addictive?
Poker Night Without the Beer?
The next time you have poker night with the boys (or girls), try drinking an energy drink instead of beer.
A recently concluded study by Nova Southeastern University reveals that professional and amateur poker players are heavy users of performance enhancing drugs. Nearly 80% of the poker study participants admitted as such. Players were initially surveyed at the World Series of Poker tournament in Las Vegas. Other professional and amateur players were contacted online in locations all over the world. The majority of the surveys participants were men in their 20s.
Nearly 28% of the poker players indicated that they took at least one prescription drug in order to boost their play. The prescription drugs cited as most popular were the following: amphetamines, benzodiazepines (i.e., valium), hydrocodone (i.e., Vicodin) and methylphenidate (i.e., Ritalin). Of the 80% who admitted drug use, the breakdown by drug class or type was the following: caffeine (71%), energy drinks (51%), dietary supplements (46%), marijuana (34%), and alcohol (30%). Poker players also cited the use of caffeine and guarana-infused energy drinks.
Getting a mental edge on an opponent in a poker game can gain a player serious strategic leverage. Stamina in poker flows from one's ability to concentrate and think in abstract mathematical terms. Because poker matches can go on for hours, or even days, the role for stimulant-based performance enhancing drugs is obvious. Use of opiates may serve as a sedative and reduce the display of anxiety clues or cues to competitors. The use of alcohol and marijuana may be counterproductive however. Studies of both alcohol and marijuana indicate that even in small concentrations they can dull cognitive throughput and can increase the tendency towards risk and capricious decisions. So although a significant number of participants admitted to the use of drugs of abuse when playing poker, it may be that their drug use is an issue separate and apart from any real strategy to gain an advantage over an opponent.
RECENT CASES
LEANNE BETH MARTINEZ, APPELLANT v. THE STATE OF TEXAS, APPELLEE
No. 05-09-00147-CR
COURT OF APPEALS OF TEXAS, FIFTH DISTRICT, DALLAS
January 21, 2010, Opinion Issued
PRIOR HISTORY:
On Appeal from the County Court at Law No. 4, Collin County, Texas. Trial Court Cause No. 004-83819-08.
CASE SUMMARY
PROCEDURAL POSTURE: After her motion to suppress evidence was denied, defendant pleaded nolo contendere in the County Court at Law No. 4, Collin County (Texas) to driving while intoxicated (DWI), second offense. Defendant appealed.
OVERVIEW: Defendant argued that the State failed to demonstrate that the officer had reasonable suspicion to make the stop because hitting the curb, by itself, was not a traffic violation and was an insufficient justification for a traffic stop. The court of appeals disagreed. The officer testified to a subjective belief the driver might have been intoxicated and to objective facts regarding defendant's driving, the conditions of the road, and the time of the stop, all of which indicated to the officer that defendant might have been intoxicated. Importantly, the officer testified that defendant was driving on a flat, straight, well-lit road with no obstacles when defendant's vehicle left its lane and hit the curb with enough force to push it back into the lane. In the officer's experience, intoxicated drivers sometimes hit the curb, demonstrating they were unable to safely navigate the road. Further, it was early Sunday morning shortly after the bars had closed, a "high DWI" time. Because the officer believed all of those things indicated the driver might be intoxicated, he stopped the car to investigate further.
OUTCOME: The judgment was affirmed.
Reflections Upon DWI Court Graduation
Many graduates of DWI Courts are given the opportunity to speak at their graduation ceremonies. Here is a speech prepared by a DWI Court graduate from Judge Tim Wright’s Williamson County DWI/Drug Court in Georgetown.
"A little over a year ago, I plead guilty to my second DWI offense and was granted the opportunity to participate in the DWI court program. I walked in broken, lost and confused. Even though I understood my criminal offense, it would be months before I understood, realized and felt the gravity of my negligent, inconsiderate and self-centered behavior. I was void of moral and ethical integrity. I have found myself many times dreaming about things I wanted to do only to wake to the reality of my constrictions. There was once a time when DWI was never a part of my vernacular. Today it is every bit a part of it as “hello” and “goodbye”.
The resonance of David Byrne’s lyrics repeat themselves in my mind daily, “You may ask yourself, well, how did I get here”, “You may say to yourself, my God, what have I done?” Last year, I could have come up with countless reasons to justify my behavior. Today, each and every one are indefensible. I may never know the essence and root of such unfathomable behavior. Does knowing really matter? The past now only represents a reference point from the embankment I leap from into the future.
Throughout the course of the year, I have grown emotionally, ethically and morally. I have taken much time to do self-reflection. I have regained faith in myself and others. Although slow and frustrating at times, I have regained the respect and trust of my children, my parents and my friends. I am once again a good mother, a good daughter, a good friend and a hard-working employee. My oldest graduated from high school and left for college in peace. We have spent much time together as a family and become much closer. My children and family have peace of mind again. Although there is more to pave in this road to redemption, I humbly face the journey with courage and acceptance.
I have come to the end of this year long journey. I am most thankful to my children and parents who stood by my side the entire way. Although they were my pillars of strength, I could not have done it without the love, support, faith and confidence of the others in DWI Court.
Thank you, Patricia Cummings, for making this a possibility. Thank you, Judge Wright, members and staff of the court for granting me the opportunity to participate in this program. Thank you, Sabrina Bentley, for believing in me and for your firm, yet compassionate guidance and direction. Thank you Emily Klein, Truly, and Catherine for your support and genuine interest and care. Thank you Mr. DeLa Rosa for your frankness and for waking me up. And last, but never least, thank you to all the friends I’ve made here, a special thank you to Sheila, Wade, Freddy, and Demetra, who gave of themselves to walk with me along this journey.
For those who remain, I will pray for your success. I have faith that you can."
This newsletter has been provided by the Texas Center for the Judiciary pursuant to a grant from TxDOT. If you have suggestions for items to be included in this Newsletter, or wish to be removed from the Newsletter mailing list, please contact:
Judge David L. Hodges
Judicial Resource Liaison
dhodges@yourhonor.com