Los Angeles DUI lawyer Lawrence Taylor, known nationally as the "Dean of DUI Attorneys", claims that many citizens accused - and convicted - of driving under the influence of alcohol (DUI) are actually innocent. Their crime: diabetes.
Taylor, the author of the best-selling legal treatise Drunk Driving Defense, claims that the symptoms of a diabetic with hypoglycemia (low sugar level) resemble those of alcohol intoxication. Further, he claims, diabetics have a chemical in their breath which causes breathalyzers to register high blood-alcohol levels.
The Los Angeles DUI attorney refers to the phenomenon as the "counterfeit DUI".
The symptoms of hypoglycemia are well-known: slow and slurred speech, poor balance, impaired motor control, staggering, drowsiness, flushed face, disorientation - in other words, the classic symptoms of alcohol intoxication. This individual will look and act like a drunk driver to the officer, Taylor says, and will certainly fail any DUI field sobriety tests.
As one medical expert has observed, "Hypoglycemia is frequently seen in connection with driving error on this nation's roads and highways ... Even more frequent are unjustified DUIs or DWIs, stemming from hypoglycemic symptoms that can closely mimic those of a drunk driver." From "Hypoglycemia: Driving Under the Influence" in 8(1) Medical and Toxicological Information Review.
Nor will a DUI breath test clear him, Taylor claims. The Los Angeles DUI lawyer points out that breathalyzers don't actually measure alcohol on the breath. Rather, they use beams of infrared light which are absorbed by any chemical compound in the breath that contains the methyl group in its molecular structure. The machine is programmed to assume that the compound is "probably" alcohol.
Unfortunately, thousands of compounds contain the methyl group and can register as alcohol. One of these is acetone. And a well-documented by-product of hypoglycemia is a state called ketoacidosis, which causes the production of acetones in the breath. In other words, the DUI attorney says, the breathalyzer will read significant blood alcohol levels where there may be little or none. This has been repeatedly documented in scientific studies such as Brick, "Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study", 9(1) Alcohol, Drugs and Driving.
How often innocent diabetics falsely convicted of DUI? Taylor points out that roughly one in seven sober drivers on the road suffers from diabetes.
For more information, visit the law firm's website at http://losangeles.duicentral.com/ . Inquiries may be directed to the firm's main Los Angeles office: 562.989.4774.
About THE LAW OFFICES OF LAWRENCE TAYLOR
With a national reputation and the highest professional ratings, The Law Offices of Lawrence Taylor has specialized in DUI defense exclusively for 29 years. The firm's California DUI defense attorneys serve clients statewide from offices in Los Angeles, San Diego, Orange County, Riverside and San Francisco.
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Saturday, November 28, 2009
Sunday, November 15, 2009
Pro surfer sentenced to 4 years for California DUI fatality
Professional surfer Milton Willis was officially sentenced to 4 years as a result of a 2008 DUI accident that took the life of his passenger.
Bradley James Dillahunty, a 24-year-old California surfer, was killed during the June 6 accident. Dillahunty was finishing his degree at Cal State Long Beach when his life was cut short. Willis, 53, pleaded guilty to gross vehicular manslaughter and DUI in connection with the accident.
In pre-hearing meetings, the defense and prosecution could not agree on a sentence. Judge Daniel Goldstein handed down the 4-year sentence at the Vista Courthouse - a possible 10-year sentence could have been handed down. Adding to the sentencing was Willis's history of DUI arrest in 2000 for misdemeanor drunk driving.
Willis has made his reputation as a wise surf guru. He co-authored a book with his twin brother, Michael, called "Discover the Greatness in You." The book was about finding happiness and success on the waves. Passages from this book were read by angry Family members of the victim. They testified against Willis as they viewed a picture of the deceased Dillahunty that hung over the hearing.
Willis was driving Dillahunty's car the night of the accident. He ran a stop sign while speeding. Willis lost control, hitting cars and trees. Willis broke his back and neck but has recovered for the most part. Dillahunty died on impact.
Family members specifically believe defense attorneys placed some blame on the victim. Both Dillahunty and Willis were drinking the night of the accident in Solana Beach, near San Diego. Attorney Tom Warwick said that Dillahunty asked Willis to drive him home. This argument was supplemented by the fact that Dillahunty had a DUI on his record. Post-mortally, Dillahunty was found to have a BAC of only .03 % compared to Willis's .18%.
Dillahunty's mother, Suzan, accused Willis of not showing remorse or accepting responsibility. She said the increased speed and reckless driving was Willis's choice alone and his responsibility. This aggressive approach was in sharp contrast to the image Warwick painted of the defendant. He gave information on Willis's record of public service as evidence to his character.
Willis gave free surf lessons to Iraq veterans and needy children. He was famous for partially pioneering "tow-in surfing," meaning he is towed into waves too large for a person alone to catch. During his time in Hawaii, Willis had a reputation of saving lives through his bravado in the water. He received a merit in 1997 for rescuing another person.
These factors were not enough to mitigate the sentence according to Judge Goldstein. He said he considered the information, but based the sentence mostly on Willis's behavior the night of the accident. He additionally said Willis did not appear sufficiently remorseful.
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Bradley James Dillahunty, a 24-year-old California surfer, was killed during the June 6 accident. Dillahunty was finishing his degree at Cal State Long Beach when his life was cut short. Willis, 53, pleaded guilty to gross vehicular manslaughter and DUI in connection with the accident.
In pre-hearing meetings, the defense and prosecution could not agree on a sentence. Judge Daniel Goldstein handed down the 4-year sentence at the Vista Courthouse - a possible 10-year sentence could have been handed down. Adding to the sentencing was Willis's history of DUI arrest in 2000 for misdemeanor drunk driving.
Willis has made his reputation as a wise surf guru. He co-authored a book with his twin brother, Michael, called "Discover the Greatness in You." The book was about finding happiness and success on the waves. Passages from this book were read by angry Family members of the victim. They testified against Willis as they viewed a picture of the deceased Dillahunty that hung over the hearing.
Willis was driving Dillahunty's car the night of the accident. He ran a stop sign while speeding. Willis lost control, hitting cars and trees. Willis broke his back and neck but has recovered for the most part. Dillahunty died on impact.
Family members specifically believe defense attorneys placed some blame on the victim. Both Dillahunty and Willis were drinking the night of the accident in Solana Beach, near San Diego. Attorney Tom Warwick said that Dillahunty asked Willis to drive him home. This argument was supplemented by the fact that Dillahunty had a DUI on his record. Post-mortally, Dillahunty was found to have a BAC of only .03 % compared to Willis's .18%.
Dillahunty's mother, Suzan, accused Willis of not showing remorse or accepting responsibility. She said the increased speed and reckless driving was Willis's choice alone and his responsibility. This aggressive approach was in sharp contrast to the image Warwick painted of the defendant. He gave information on Willis's record of public service as evidence to his character.
Willis gave free surf lessons to Iraq veterans and needy children. He was famous for partially pioneering "tow-in surfing," meaning he is towed into waves too large for a person alone to catch. During his time in Hawaii, Willis had a reputation of saving lives through his bravado in the water. He received a merit in 1997 for rescuing another person.
These factors were not enough to mitigate the sentence according to Judge Goldstein. He said he considered the information, but based the sentence mostly on Willis's behavior the night of the accident. He additionally said Willis did not appear sufficiently remorseful.
Source
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