Kentucky DUI Defense Lawyer

Researchers Discover Chemical to Stop Craving in Alcoholics and Treat Eating Disorders

Researchers at Melbourne's Howard Florey Institute discovered that blocking the brain's orexin system can also inhibit craving for alcohol according to a report by the BBC News. Work is reportedly underway to develop drugs which could act as orexin blockers.

Orexin cells, located in the hypothalamus, provide a chemical involved in the "high" felt after drinking alcohol or taking illicit drugs. Dr. Lawrence reported that if they can develop a drug to block the human orexin system, then an alcoholic’s craving for alcohol may be stopped.

The research further indicated that the same orexin producing cells are believed to play a part in regulating feeding. It is believed that the same drug which will help alcoholics may also help treat eating disorders.

Researchers further recommend treatment of alcohol dependence with pharmacological treatments in conjunction with psychological therapies.

Further information can be found in the BBC News Article.

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Post by Lexington Kentucky DUI Attorney, Stephen J. Isaacs, Isaacs Law Office.

Common Mistakes Police Officers Make In DUI Arrests

Police Officers frequently make mistakes when they investigate and arrest a driver for driving under the influence in Kentucky. Many of these mistakes include, but are not limited to the following:

1. Assuming that "witnessed" driving behavior (i.e.: weaving, cell phone use, distraction) is related to alcohol consumption.
2. Observing driver behavior from a distance and attributing the behavior to the driver and not to the road conditions (i.e.: swerving to avoid potholes or animals in the roadway)
3. Assuming that the odor of alcohol means a person consumed alcohol and is intoxicated, when in fact the odor may be due to other causes (i.e.: mouthwash, denture solutions, alcoholic drink which was spilled on the driver's clothes, etc.)   
4. Failing to investigate a driver’s potential medical problems which could imitate intoxication (such as diabetes, knee / ankle / leg / foot problems, inner ear disturbance, etc.).   
5. Requesting all people submit to Standard Field Sobriety Tests (SFST), regardless of whether the person is physically unable to pass the exercises even while totally sober.   
6. Failing to eliminate distractions and obstacles during the SFST which invalidate the test (i.e.:   loose gravel, unlevel surfaces, wind blowing, darkness, strobe lights, moving traffic, etc.)   
7. Failing to properly instruct the driver during the instructional phase of the SFST's.
8. Failing to properly instruct the driver during the administration of the SFST's.   
9. Failing to properly follow the sequence of the SFST as described in the National Highway Traffic Safety Administration (NHTSA) Manual or the Kentucky Department of Justice Center for Training (KDOJCT) Manual.
10. Administering invalid field sobriety “tests” which are not supported by research studies.
11. Failing to properly administer the Portable Breath Test (PBT), causing a false positive result (i.e.: not following the law and waiting 20 minutes before administering the test) to support a probable cause for arrest. (Note: PBT results are not admissible in Kentucky courts.)
12. Not having the Intoxilizer 5000EN breath test within 2 hours of cessation of the vehicle operation.

The above list of police officer mistakes is only a partial list of mistakes made by officers. It applies to Kentucky DUI / DWI arrests. If any of the above mistakes exist in a Driving Under the Influence matter, then a good defense may exist to the DUI / DWI charges.

Post by Kentucky DUI Lawyer, Stephen J. Isaacs, Isaacs Law Office.

DUI Blog Review - 2006 - Week 52

The Austin DWI Lawyer featured an article by Attorney Jamie Spenser entitled Watch The Witness, which described how officers use cheat sheets to answer defense lawyer's testimony in the courtroom.

The Underdog Blog featured an article by Attorney Jon Katz discussed the many reasons unrelated to alcohol which can affect a suspect's performance on field sobriety tests.  He discusses the junk science used to support the Field Sobriety Tests (FST's) and the fact that the tests only show the presence of alcohol in one's body and not the level of alcohol present. He further discusses that too many judges rely on the FST's to find probable cause to arrest a suspect, request a breath or blood alcohol test, and to enter a guilty verdict for driving while impaired or driving under the influence of alcohol.

Washington State DUI Blog posted an article about how police in Washington conduct the Finger to Nose field sobriety test. The post notes that most sober individuals cannot perform this test, so it is not a valid indicator of sobriety.  Note, in Kentucky, Field sobriety tests are voluntary.  They are primarily used to gather evidence of impairment.

Guy Sharpe reported on the Georgia DUI Blog a Canadian study which suggests that birth control pills produce an enzyme that most Breathalyzer test machines will interpret as blood alcohol content, leading to the overestimation of true breath alcohol and erroneous test results.

Post by Nicholasville Kentucky, Personal Injury, Criminal Defense, and DUI Attorney, Stephen J. Isaacs.