I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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Wyatt Emmerich writes about (and against) police DUI practices

Writing in the Northside Sun, Wyatt Emmerich attacks Mississippi practices concerning DUI arrests as dubious and often illegal.

One note:  He cites a “Colorado study that shows “20 percent of those arreted for DUIs had legal blood alcohol levels.”  I made a pretty serious effort to find this study– could find lots of references to it, but all of them point back to this article and a prior printing of it in another of the Emmerich papers.  I wonder about that source.  There’s also a Denver Post article about repeat offenders that seems to make the opposite point.

His essay starts:

“Meanwhile, there were 33,153 Mississippi DUI arrests last year, an astounding number. If DUIs were randomly distributed, every driver in the state would get at least one during his lifetime.

A Colorado study showed that 20 percent of those arrested for DUIs had legal blood alcohol levels. The problem is that residual alcohol in your mouth can distort the results of the unreliable portable breathalyzers police often use to make an arrest.

Applying the Colorado study to Mississippi, 6,500 innocent Mississippians are arrested for DUI each year. Many lack the knowledge or money to fight the charge and just plead guilty.

Kingfish has more from the editorial; h/t to him for the link.

Here’s the whole piece.



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