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Refusing alcohol test can lead to license suspension, court rules

Thursday, April 26, 2007

SAN FRANCISCO -- A suspected drunken driver can have her license suspended for refusing to be tested for alcohol, even though police only found her passed out in the car and never actually saw her driving, the state Supreme Court ruled today.

The unanimous decision in a case from San Mateo County resolves a conflict that has existed in lower courts for nearly 20 years, with some courts requiring proof that someone was seen driving erratically and others requiring only evidence that the person had been driving while drunk. The court endorsed the latter view today.

Californians who drive motor vehicles implicitly agree to have their blood tested for alcohol, subject to a one-year license suspension if they refuse, Chief Justice Ronald George said in the ruling.

State law "does not require evidence that actual driving occurred immediately prior to the arrest,'' but merely an officer's "reasonable belief'' that the person had been driving while intoxicated, George said. "A contrary interpretation of the implied-consent law would disserve the public-safety policy'' behind the law, he said.

The court upheld the one-year license suspension of Terry Troppman, who was spotted by a police officer in Belmont slumped in the driver's seat of a parked van in January 2003.

Troppman failed field sobriety tests and admitted she had been drinking from a wine bottle found in the van, but said she hadn't started drinking until she parked. Her license was suspended after she refused to complete a test for alcohol.

Filed 4/26/07

IN THE SUPREME COURT OF CALIFORNIA



TERRY TROPPMAN, )
)
Plaintiff and Respondent, )
) S132496
v. )
) Ct. App. 1/3 A105287
GEORGE VALVERDE, as Director, etc., )
) San Mateo County
Defendant and Appellant. ) Super. Ct. No. CIV434258
)

When a law enforcement officer finds an apparently intoxicated person in a vehicle parked on the side of a road under circumstances that provide the officer reasonable cause to believe that the person had been driving while under the influence of alcohol or a drug, and the person fails to submit to chemical sobriety testing as requested by the officer, may the Department of Motor Vehicles (DMV) suspend the person’s driver’s license based upon the circumstance that the officer had reasonable cause to believe the person had been driving while under the influence, or is suspension of a driver’s license permissible in this setting only if the DMV finds that the person actually had been driving the vehicle immediately prior to the officer’s request?
This question requires us to consider two statutes in the Vehicle Code  section 23612, the “implied consent” law (deeming motorists who have been lawfully arrested for driving while under the influence to have consented to chemical testing) and section 13353, setting forth the consequences (including suspension or revocation of a driver’s license) of a motorist’s refusal to submit to chemical testing.
The issue presented by this case has divided our Courts of Appeal for several years. Three decisions have concluded that proof of actual driving immediately prior to the suspect’s arrest for a driving-while-under-the-influence offense is required before a driver’s license may be suspended or revoked for refusing to submit to chemical testing. (Weber v. Orr (1969) 274 Cal.App.2d 288 (Weber); Medina v. Department of Motor Vehicles (1987) 188 Cal.App.3d 744 (Medina); Jackson v. Pierce (1990) 224 Cal.App.3d 964 (Jackson).) Two decisions have disagreed, concluding that proof of actual driving immediately prior to a suspect’s arrest is not required for license suspension or revocation under these circumstances. (Rice v. Pierce (1988) 203 Cal.App.3d 1460 (Rice); Machado v. Department of Motor Vehicles (1992) 10 Cal.App.4th 1687 (Machado); see also 2 Witkin & Epstein, Cal. Criminal Law (3d ed. 2000) Crimes Against Public Peace and Welfare, § 228, pp. 774-775 [discussing the split in the case law].)
We conclude, consistent with the latter two decisions, Rice, supra, 203 Cal.App.3d 1460, and Machado, supra, 10 Cal.App.4th 1687, and with the Court of Appeal’s opinion in the present case, that consent to testing pursuant to section 23612 applies broadly and generally to “those who drive” — that is, to those who take advantage of the public streets, roads, and highways to operate motor vehicles in this state — but that this statute does not require proof of actual driving immediately prior to lawful arrest for driving while under the influence of alcohol or a drug. We further conclude that revocation or suspension of a license under section 13353 and related statutes for refusal to submit to chemical testing under the implied consent law — a consequence conditioned upon only four requirements, including that the arresting officer had reasonable cause to believe the person had been driving a motor vehicle while under the influence, but not including a finding of actual driving — similarly does not require proof that the person actually was driving immediately prior to the arrest.
I
The relevant evidence, derived from the administrative hearing conducted by the DMV, is summarized as follows.
In early January 2003, at approximately 10:45 p.m., Belmont Police Officer Richard Wheaton observed plaintiff Terry Troppman “parked on the side of the road passed out behind the wheel.” Wheaton approached the vehicle and attempted to contact Troppman. After knocking upon the driver’s side window and receiving no response, Wheaton pounded the window with his fist. Troppman raised her head and peered out the front windshield, mumbling incoherently.
Wheaton opened the driver’s door and encountered a strong odor of alcohol. When he inquired as to Troppman’s condition, she repeatedly replied, “Yeah, ok.” Asked to produce her driver’s license and relate her date of birth, she was unable to do so. In response to the officer’s inquiry concerning how much she had had to drink, Troppman replied, “A little bit.” Asked how much was a little bit, Troppman reiterated, “A little bit.”
Wheaton thereafter asked Troppman to exit from the vehicle and move toward the sidewalk. As Troppman complied, she used the vehicle door to maintain her balance. At the curb, Wheaton continued to detect a strong alcoholic aroma emanating from Troppman. He observed that her eyes were bloodshot, red, and watery; her speech was slurred; and her physical movements were extremely slow. Wheaton thereafter administered a series of field sobriety tests, which Troppman failed.
Belmont Police Officer Lewis arrived at the scene to assist Officer Wheaton. After obtaining Troppman’s permission to search for her driver’s license inside the vehicle, Lewis found a half-empty 1.5 liter bottle of wine tucked inside a plastic bag on the floor next to the driver’s seat. Lewis asked Troppman whether she had consumed the wine, and she replied, “Yes,” adding that she was an alcoholic. Wheaton then asked Troppman whether “she was driving the vehicle,” and Troppman “told me she was.”
Wheaton thereafter placed Troppman under arrest for violating section 23152, subdivision (a) (driving while under the influence of alcohol or a drug), and section 23222, subdivision (a) (possessing an open container of an alcoholic beverage while driving). Wheaton explained the required chemical testing alternatives, to which Troppman replied that she preferred to take a breath test. Wheaton thereafter transported her to a facility for chemical testing.
At the facility, Troppman failed to complete a breath test and refused to continue. Wheaton thereafter read to her the “Chemical Test Refusal Admonition,” but she again refused to submit to testing. After briefly resisting, she was handcuffed and transported to the San Mateo County Jail, where she was booked on the Vehicle Code charges described above, and for resisting arrest (Pen. Code, § 148).
The DMV conducted a telephonic administrative hearing in mid-February 2003, at which Troppman was represented by counsel. In accord with the requirements set forth in section 13558, subdivision (c)(1), the scope of the hearing was confined to “only . . . those facts listed in . . . [s]ection 13557[, subdivision (b)(1)],” as follows: (1) whether the law enforcement officer “had reasonable cause to believe that the person had been driving a motor vehicle [while under the influence of alcohol or drugs]”; (2) whether “the person was placed under arrest”; (3) whether “the person refused or failed to complete the chemical test . . . after being requested by a peace officer”; and (4) whether “the person had been told that . . . her privilege to operate a motor vehicle would be suspended or revoked if . . . she refused to submit to, and complete, the required testing.” (Italics added; see also § 13353, subd. (d) [setting forth the same four factors].)
At the hearing, Troppman testified that she is an alcoholic and had been one for several years. She asserted she had abstained from drinking during the holiday season, but that while driving on the night of her arrest she had an “uncontrollable urge” to drink. In response to that urge, she stopped at a supermarket, purchased a 1.5 liter bottle of wine and a corkscrew, and then drove to search for a place where she could drink “safely.” After driving a few blocks, she observed a wide dirt area off the side of the road. She drove onto that area, turned off the vehicle’s ignition, and placed her car keys in the bag with the wine bottle. She thereafter consumed much of the wine, and next recalled an officer knocking on the window of her vehicle.
Troppman denied consuming any of the alcoholic beverage prior to driving her vehicle, but admitted consuming approximately one-half of the contents of the bottle while seated in the vehicle. She did not recall the details of her purchase of the wine, of parking her vehicle, or of the time that elapsed prior to noticing the officer knocking on her window.
In early April 2003 the hearing officer issued findings and a decision suspending Troppman’s driver’s license, finding: (1) the peace officer had reasonable cause to believe Troppman had been driving a motor vehicle while under the influence of alcohol or drugs (that is, in violation of sections 23140, 23152, or 23153); (2) Troppman lawfully was arrested; (3) Troppman was informed that if she refused to submit to or complete a chemical test, her driver’s license would be suspended for one year, or revoked for two or three years; and (4) Troppman refused to submit to, or failed to complete, a chemical test after being requested to do so by a peace officer.
Following the administrative proceeding and decision, the DMV suspended Troppman’s driver’s license for one year pursuant to section 13353 for failure to submit to a chemical test.
Troppman thereafter filed a petition for a writ of mandate, challenging the suspension order on the basis that there was no finding that she had been driving immediately prior to the time she was arrested. The superior court granted the petition and ordered the suspension of Troppman’s license set aside, based upon the absence of proof that Troppman actually had been driving a vehicle immediately prior to the arrest while under the influence. In so ruling, the superior court simply stated: “The court finds the Jackson[, supra, 224 Cal.App.3d 964] logic to be more compelling. So, the Court is going to grant the writ.”
The DMV appealed, and the Court of Appeal set aside the lower court’s order. The appellate court held that pursuant to section 13353, the license of a motorist suspected of driving while under the influence of alcohol or a drug may be suspended or revoked for refusal to submit to a chemical test, notwithstanding the absence of a finding that the person actually had been driving a motor vehicle immediately prior to his or her arrest for the alleged offense. Both the Court of Appeal’s majority opinion and the concurring opinion reasoned that if the Legislature had intended to condition the suspension of a license under section 13353 upon a finding that the licensee actually had been driving immediately prior to the arrest for the alleged offense, it would have added such an express requirement to the findings enumerated in sections 13353 and 13557.
As noted, we granted Troppman’s petition for review in order to resolve the conflict among appellate court decisions.
II
A
Resolution of the issue presented in this case requires us to consider two statutes  section 23612, the implied consent law, and section 13353, the license suspension/ revocation statute.
Section 23612, quoted in the margin, provides that “[a] person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her
blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for” a driving-under-the influence offense (§ 23612, subd. (a)(1)(A)), and that such testing “shall be administered at the direction of a peace officer having reasonable cause to believe” the person was driving while under the influence of alcohol or a drug. (§ 23612, subd. (a)(1)(C).) In subsequent subsections, the statute sets forth in detail the circumstances under which, pursuant to this implied consent, the arresting officer may require a chemical test, the various test choices available to the arrestee, and the procedure to be followed by the officer with respect to the arrestee’s license in the event the arrestee refuses to take or complete a required test. (Id., subds. (a)(2), (b)-(g).)
Section 13353 is a related statute that works in tandem with section 23612. Section 13353 specifies actions to be taken by the DMV in the event a person refuses an officer’s request to submit to a chemical test. Subdivision (a) of section 13353 authorizes the DMV to suspend or revoke the driver’s license of “a person [who] refuses [a law enforcement] officer’s request to submit to, or fails to complete, a chemical test or tests pursuant to Section 23612, upon receipt of the officer’s sworn statement that the officer had reasonable cause to believe the person had been driving a motor vehicle” while under the influence of alcohol or a drug. (Italics added.) Section 13353 also confirms the process by which the arresting officer is personally to serve upon a recalcitrant arrestee a notice of suspension or revocation “pursuant to Section 23612.” (§ 13353, subd. (c).) Finally, section 13353, together with related statutes governing the scope of the administrative hearing, specifies four factual findings to be made by the DMV when a suspension or revocation action is subjected to administrative review or hearing. In order to confirm such action, the DMV must find that: (1) the law enforcement officer had “reasonable cause to believe that the person had been driving a motor vehicle in violation of [one or more specified vehicle code sections]”; (2) the person “was placed under arrest”; (3) the “person refused to submit to or did not complete the test or tests after being requested by a peace officer”; and (4) the “person had been told that his or her driving privilege would be suspended or revoked if he or she refused to submit to, or did not complete, the tests or tests.” (§ 13353, subd. (d); see also § 13557, subd. (b)(1).) Pursuant to section 13558, subdivision (c)(1), those four factors are the “only” issues to be resolved at the administrative hearing concerning license suspension or revocation. (Italics added.)
B
1
Troppman contends that because the implied consent law, section 23612, subdivision (a)(1)(A), states that it applies to “[a] person who drives a motor vehicle,” the statute must be understood to require actual driving immediately prior to the arrest for a driving-while-under-the-influence offense, and that absent such evidence, license suspension or revocation is not triggered under section 13353 even if the other four factors listed in subdivision (d) of that section and in related provisions (§ 13557, subd. (b)(1), quoted ante, fn. 7; see also § 13558, subd. (c)(1), quoted ante, fn. 8) are met.
In support, Troppman relies upon three decisions, Weber, supra, 274 Cal.App.2d 288, Jackson, supra, 224 Cal.App.3d 964, and Medina, supra, 188 Cal.App.3d 744. In Weber, officers observed the licensee’s car parked partially upon an access road. The licensee admitted he was intoxicated, and after being arrested for driving under the influence of alcohol, he repeatedly refused to submit to a chemical test. At the hearing before the DMV, the licensee’s privilege to operate a motor vehicle was suspended based upon his refusal to submit to a chemical test as prescribed by former section 13353, the implied consent statute in force at the time (currently, section 23612). The trial court upheld the suspension. Applying section 13353, the Court of Appeal set aside the suspension, holding: “The fact that the officer has reasonable cause to believe that a person was driving upon a highway is not sufficient if actually he was not so driving,” and absent such driving, there is no “implied[] consent to the test, no matter what the appearances to the officer may have been.” (Weber, supra, 274 Cal.App.2d at p. 291.) The court in Medina, addressing similar circumstances, agreed with the court’s analysis in Weber, concluding that Weber’s “construction of the implied consent law seems mandatory. Consent must be implied from some act of the arrestee, not from a peace officer’s ‘reasonable belief’ that the arrestee has so acted.” (Medina, supra, 188 Cal.App.3d at p. 750.)
Thereafter, the court in Jackson determined that under the plain language of the implied consent law, “it is the act of driving a motor vehicle . . . which activates the admonition and testing procedures.” (Jackson, supra, 224 Cal.App.3d at p. 970.) The court reasoned as follows: “The Legislature has . . . made the officer’s reasonable suspicion enough to warrant giving the tests to every individual who may have been driving while intoxicated. By doing so, the immediate goal of the law, to preserve the best evidence of a suspect’s blood-alcohol content, is achieved. [Citation.] [¶] However, the suspension of an individual’s license is another matter. Suspension is the result of the person’s failure to do what he or she has consented to do ― submit to a test. The first 19 words of [the implied consent statute, now section 23612 ― “A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing . . . .”] clearly proclaim that the consent is implied by law from the act of driving. If the person was not driving, he or she did not impliedly agree to submit to the test and, under the statute, has every right to refuse to take it. A person who has no obligation to comply with a law should not be punished for failing to comply with it.” (Jackson, supra, 224 Cal.App.3d at p. 971.)
2
By contrast, the People assert that although the implied consent law, section 23612, refers to “[a] person who drives a motor vehicle” as deemed to have consented to chemical testing if lawfully arrested for a driving-while-under-the-influence offense, that language does not require evidence of actual driving immediately prior to the lawful arrest for driving under the influence, and hence license suspension or revocation under section 13353 is not limited to situations in which the individual who refuses chemical testing was observed actually driving immediately prior to being lawfully arrested. The People argue instead that (a) section 23612 provides general notice to “those who drive” (that is, to “the motoring public”) that any person lawfully arrested for driving while under the influence of alcohol or a drug is obligated to submit to chemical testing upon threat of license suspension, and (b) section 13353 is a corresponding “enforcement provision that authorizes the DMV to suspend a person’s driving privileges upon proof of the [four] elements specified in the statute” (see §§13353, subd. (d), 13557, subd. (b)(1), and 13558, subd. (c)(1)) — and that nothing more need be proved. In support, the People rely upon Rice, supra, 203 Cal.App.3d 1460, and Machado, supra, 10 Cal.App.4th 1687.
In Rice, supra, 203 Cal.App.3d 1460, the Court of Appeal departed from the analysis set forth in the cases relied upon by Troppman. After the licensee in Rice was arrested for driving while under the influence, he refused to submit to chemical testing as required by the implied consent law. At a subsequent DMV hearing, the licensee argued he was not required to submit to testing, because he had not been driving the vehicle. The DMV rejected this position and revoked his license. (Id., at pp. 1461-1462.) The licensee thereafter petitioned the superior court for a writ of mandate to compel the DMV to lift the revocation. Relying upon Medina, supra, 188 Cal.App.3d 744, the licensee again asserted the revocation order was invalid because the referee had not made a finding that the licensee actually had driven the car immediately prior to the arrest. (Rice, at p. 1462.) The trial court granted the petition, and the DMV appealed. (Ibid.)
In reversing the trial court’s order, the court in Rice observed that the legislative purpose underlying the implied consent law (section 23612) “is two-fold: (1) to obtain the best evidence of blood alcohol content while ensuring cooperation of the person arrested, and (2) to inhibit driving under the influence.” (Rice, supra, 203 Cal.App.3d at p. 1465.) The court reasoned: “It would serve no useful policy to permit an intoxicated person suspected of driving a vehicle to refuse to take a chemical test for alcoholic content. To require an additional finding [beyond the four required by the statute] that the arrestee was actually driving, would undermine the important goals of cooperation and deterrence.” (Ibid.) The court concluded that Medina’s interpretation of the implied consent statute gave “inadequate deference to the state’s broad police power to legislate for the common health and welfare ― i.e., ‘ “to fulfill the need for a fair, efficient and accurate system of detection and prevention of drunken driving.” [Citation.]’ [Citation.]” (Id., at p. 1464.) In support of that view, the court in Rice observed that the implied consent law “refers to any ‘person’ lawfully arrested” for having violated section 23152 or 23153, and that the statute “does not speak in terms of the lawful arrest of a ‘driver.’ (Cf. definitions of ‘person’ in § 470 and ‘driver’ in § 305.) A lawful arrest for driving under the influence requires that there be reasonable cause to believe the person was driving (Nona v. Cozens (1973) 34 Cal.App.3d 691, 694), not proof beyond a reasonable doubt the arrestee was in fact driving. [¶] . . . [¶] The statute . . . [provides] that upon a lawful arrest for driving under the influence, a person must submit to one of the chemical tests administered at the direction of a peace officer. Upon failure to submit, the person shall suffer loss of his driving privileges. This interpretation is consistent with the very important purpose of the statute to keep persons who are reasonably suspected of operating a vehicle while intoxicated off the road and to secure the civil cooperation of all persons privileged to drive by providing objective proof of their sobriety when suspected of driving under the influence. [Citations.] Other than to cite to Medina, plaintiff makes no showing why we should disregard the plain language and engraft an additional requirement onto the statute. In light of our interpretation of the statute, we decline to follow Medina.” (Rice, supra, 203 Cal.App.3d at pp. 1465-1466.)
Finally — and most recently (in 1992) — in Machado, supra, 10 Cal.App.4th 1687, the DMV suspended a licensee’s privilege to operate a motor vehicle because he failed to submit to chemical testing following his arrest for driving while under the influence of alcohol. (Id., at p. 1689.) At the administrative hearing held to determine the propriety of the suspension, the licensee claimed he was not the driver and therefore was not required to submit to such testing. (Ibid.) The hearing officer found that the licensee was the driver and affirmed the suspension. (Id., at p. 1691.) The licensee thereafter sought a writ of mandate in the superior court, which concluded that the hearing officer’s finding that the licensee was the driver was not supported by substantial evidence. The court, however, upheld the suspension on the ground that the implied consent law requires only that, in order to trigger the chemical testing requirement, an officer have probable cause to arrest the licensee for committing the offense of driving while under the influence. (Id., at pp. 1691-1692.)
In affirming the trial court’s order, the appellate court in Machado examined the conflicting interpretations of the implied consent law, as set forth in Medina and Jackson on the one hand, and Rice on the other, and concluded that “the Rice case correctly interprets the statute and legislative intent.” (Machado, supra, 10 Cal.App.4th at p. 1696.) The court in Machado concluded that, when “[c]onsidered in its entirety,” the language of both the implied consent statute (currently section 23612) and section 13353 “plainly applies to persons who are lawfully arrested for drunk driving when the arresting officer has probable cause to believe the person was driving. The introductory language of [the implied consent statute] (‘Any person who drives a motor vehicle’) operates to describe the general class of persons to whom the law applies ― those who drive. The language does not limit application of the laws to those who are proved to be actually driving at the time of the lawful arrest. Rather, the language of the sections specifically conditions their application on whether a peace officer has probable cause to believe a person was driving.” (Machado, at p. 1698, italics added.)
As explained below, we agree with the People and with Rice, supra, 203 Cal.App.3d 1460, and Machado, supra, 10 Cal.App.4th 1687.
C
“The fundamental principle of statutory interpretation is ‘the ascertainment of legislative intent so that the purpose of the law may be effectuated . . . .’ ” (Pollack v. Department of Motor Vehicles (1985) 38 Cal.3d 367, 372.)
As observed above, the court in Rice identified a dual legislative purpose underlying the implied consent law, section 23612: “(1) to obtain the best evidence of blood alcohol content while ensuring cooperation of the person arrested, and (2) to inhibit driving under the influence.” (Rice, supra, 203 Cal.App.3d at p. 1465.)
Similarly, this court has outlined in Mercer, supra, 53 Cal.3d 753, the purpose of both the implied consent law, section 23612, and the related license suspension/ revocation law, section 13353. We explained in Mercer that the Legislature adopted the implied consent law in 1966 in response to the United States Supreme Court’s decision in Schmerber v. California (1966) 384 U.S. 757). Schmerber approved forcible chemical testing of persons arrested, so long as (i) the test is incident to a lawful arrest for driving under the influence of alcohol or a drug, (ii) the circumstances require prompt testing, (iii) the arresting officer has reasonable cause to believe the arrestee is intoxicated, and (iv) the test is conducted in a medically approved manner. (Id., at pp. 766-772.) We observed in Mercer (quoting People v. Superior Court (1972) 6 Cal.3d 757 (Hawkins)): “ ‘Although it is clear under Schmerber that a person who has been lawfully arrested may have a blood sample forcibly removed without his consent, provided [conditions described above are met], nevertheless such an episode remains an unpleasant, undignified and undesirable one. [¶] However, the shocking number of injuries and deaths on the highways caused by drunk drivers has compelled society to adopt extreme measures in response.’ ” (Mercer, supra, 53 Cal.3d at pp. 759-760.) We observed in Mercer and Hawkins that by enacting the implied consent law, thereby providing an alternative method of compelling a person arrested for driving while under the influence to submit to chemical testing, the Legislature afforded officers a means of enforcement that does not involve physical compulsion. We stated: “ ‘It is noteworthy that in so doing, the Legislature took pains to condition’ ” use of this alternative method of compelling chemical testing “ ‘upon the reasonable belief of the peace officer’ ” that the arrestee had been driving while under the influence of alcohol or drugs. (Mercer, supra, 53 Cal.3d at p. 760, italics added, quoting Hawkins, supra, 6 Cal.3d 757, 765. )
Harmonizing the two statutes here at issue — section 23612, the implied consent law, and section 13353, the license suspension/revocation law — we agree with the People, first that section 23612 reasonably should be construed to apply broadly and generally to the motoring public (that is, to those who take advantage of the public streets, roads, and highways to operate a motor vehicle), and that the statute does not require evidence that actual driving occurred immediately prior to the arrest for driving while under the influence. As Justice Pollak observed in his concurring opinion below, such a construction — under which “consent may be implied by the act of driving at any time, not only during the time period immediately preceding the individual’s arrest” — is “consistent with a literal reading of section 23612.” Indeed, as the court observed in Rice, supra, 203 Cal.App.3d 1460, 1465, a contrary interpretation of the implied consent law would disserve the public-safety policy that apparently underlies the legislative intent reflected in the statute.
We further agree with the People, and with Rice, supra, 203 Cal.App.3d 1460, and Machado, supra, 10 Cal.App.4th 1687, that the primary focus of both statutes (section 23612, the implied consent law, and section 13353, the license suspension/ revocation law) is upon whether the officer had probable cause to believe the person had been driving while under the influence, and therefore whether the person lawfully was arrested — and that revocation or suspension of a license under section 13353 does not require proof beyond the four factors listed in sections 13353, subdivision (d), and section 13557, subdivision (b)(1), and made exclusive by section 13558, subdivision (c)(1). In other words, no requirement exists, under either the implied consent law, section 23612, or under the license suspension/ revocation statute, section 13353, of proof that the person actually was driving immediately prior to his or her arrest for driving while under the influence.
The legislative history of section 13353 and related statutes confirms our construction of the legislative scheme. Within one year after the Court of Appeal’s 1988 decision in Rice, supra, 203 Cal.App.3d 1460, created a conflict by disagreeing with Medina, supra, 188 Cal.App.3d 744, and declining to add an “actual driving” requirement to the four factors listed in section 13353, the Legislature in 1989 enacted sections 13557, subdivision (b)(1), and 13558, subdivision (c)(1). (See Stats. 1989, ch. 1460, §§ 13 & 14, pp. 6512-6514.) As noted above, section 13557, subdivision (b)(1), reiterated the four factors set forth in section 13353, subdivision (d) and its predecessor provisions — including, as the first factor, that the law enforcement officer had “reasonable cause to believe that the person had been driving a motor vehicle” while under the influence — and made clear that those four factors are to be considered by the DMV in its administrative review of orders suspending or revoking a person’s license to drive. Section 13558, subdivision (c)(1), specified that those same four factors “shall be” “[t]he only issues at the hearing. . . .” (Italics added.) When viewed in the context of the then-recent Rice decision, these 1989 amendments to these closely related statutes — particularly the amendment to section 13558, subdivision (c)(1) — constitute an implicit confirmation of Rice’s holding that the four factors, none of which includes actual driving, are the sole factors necessary to trigger suspension or revocation penalties under section 13353.
In light of the foregoing, we conclude that the Legislature’s omission of actual driving immediately prior to a suspect’s arrest for a driving-while-under-the-influence offense as a requirement with respect to license suspension or revocation under section 13353 was a considered and deliberate decision, and one that we are obliged to honor.
Finally, we reject Troppman’s suggestion that the inclusion of the statutory language “pursuant to section 23612” in section 13353 — a phrase added to that statute in 1985 (see Stats. 1985, ch. 735, § 2, p. 2386 [incorporating the words “pursuant to section 23157” — the predecessor to section 23612]) — implicitly might reflect an intent on the part of the Legislature to incorporate into section 13353 an actual-driving requirement. Troppman’s premise is that the implied consent law, section 23612, itself contains an actual driving requirement — but as observed above, we reject that premise, and instead agree with the People that section 23612 applies broadly and generally to “those who drive” — that is, to those who avail themselves of the public streets, roads, and highways to operate motor vehicles in this state. This is a category that clearly includes Troppman, who drove to the very spot, remote from her home, where she eventually was arrested. This category also includes anyone else — licensed or otherwise — who uses public streets or roadways in driving a motor vehicle in this state.
Although nothing in the legislative history we have reviewed concerning the 1985 amendment reveals why the language “pursuant to section 23612” was added to the statute at that time, there also is no indication that the Legislature in taking this action intended to impose or incorporate an actual-driving requirement. In view of the foregoing legislative history, we cannot conclude that the Legislature intended to require actual driving immediately prior to the person’s lawful arrest under either the implied consent law, section 23612, or the suspension/ revocation statute, section 13353.
III
When a law enforcement officer observes a person inside a motor vehicle and has reasonable cause to believe that person has been driving while under the influence of alcohol or a drug, and the four findings required by section 13353, subdivision (d) are made, that person’s license to operate a motor vehicle may be suspended or revoked. Such sanctions under section 13353 are applicable whether or not the individual was driving immediately prior to his or her arrest.
Accordingly, the DMV was not required to find that Troppman actually was driving immediately prior to the time of her arrest, and the superior court erred in concluding otherwise. The circumstances that Troppman, by her own admission, drove her vehicle shortly before a law enforcement officer observed her slumped over the wheel (and a bottle of wine partially consumed by her that evening within her reach), that she acted in a manner that provided the officer with reasonable cause to believe she had been driving while under the influence of alcohol and thus to lawfully arrest her, and that she subsequently refused to complete chemical testing, provided the DMV with a sufficient basis under section 13353 to suspend her driver’s license.
IV
The judgment of the Court of Appeal is affirmed.
GEORGE, C. J.
WE CONCUR:

KENNARD, J.
BAXTER, J.
WERDEGAR, J.
CHIN, J.
MORENO, J.
KLEIN, J.*
See next page for addresses and telephone numbers for counsel who argued in Supreme Court.

Name of Opinion Troppman v. Valverde
__________________________________________________________________________________

Unpublished Opinion
Original Appeal
Original Proceeding
Review Granted XXX 126 Cal.App.4th 755
Rehearing Granted

__________________________________________________________________________________

Opinion No. S132496
Date Filed: April 26, 2007
__________________________________________________________________________________

Court: Superior
County: San Mateo
Judge: Barbara J. Mallach

__________________________________________________________________________________

Attorneys for Appellant:

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Andrea Lynn Hoch, Chief Assistant Attorney General, Taylor S. Carey, Acting Chief Assistant Attorney, General, Jacob A. Applesmith, Assistant Attorney General, Miguel A. Neri, Fiel D. Tigno and Raymond W. Hamilton III, Deputy Attorneys General, for Defendant and Appellant.




__________________________________________________________________________________

Attorneys for Respondent:

Law Office of John Halley and John A. W. Halley for Plaintiff and Respondent.







Counsel who argued in Supreme Court (not intended for publication with opinion):

Raymond W. Hamilton III
Deputy Attorney General
1515 Clay Street. Suite 2000
Oakland, CA 94612-1413
(510) 622-2223

John A. W. Halley
Law Office of John Halley
620 Jefferson Avenue
Redwood City, CA 94063
(650) 366-6789



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California - San Diego DUI news: Chargers linebacker's friend convicted of assault

SAN DIEGO ---- A jury on Thursday found the woman who was with Chargers linebacker Steve Foley the night he was shot by an off-duty police officer in Poway guilty of assault with a deadly weapon for driving Foley's car at the officer.

But the jury acquitted Lisa Maree Gaut on a separate charge, assault with a deadly weapon on a police officer. That charge alleged that Gaut knew officer Aaron Mansker, who was armed, was a policeman.

Gaut was a passenger in Foley's car in the early morning hours of Sept. 3 when Mansker ---- who was dressed in street clothes and driving his own car ---- tried to stop Foley on suspicion of drunken driving. The ensuing confrontation on Foley's quiet cul de sac left Foley with three .40 caliber bullet wounds, injuries that kept the NFL veteran sidelined for the season. He was then cut from the team last month.


Mansker, who had been an officer with the city of Coronado for little more than a year at the time of the shooting, testified that he repeatedly told the couple he was a police officer, but that he did not show them a badge.

After the verdicts were read, Juror No. 11, Art Mills, said Mansker's failure to show his badge created reasonable doubt that Gaut knew he was a policeman.

"We decided that issue pretty quickly, about an hour's worth of debate," Mills said. "It would have been a different situation if he'd shown his badge."

In court Thursday to hear the verdicts, Gaut swallowed hard, exhaled and looked down as the clerk read the first guilty verdict. The jury also found her guilty on two misdemeanor counts of drunken driving.Near the end of the confrontation, when Foley got out of the car and walked up the street to confront Mansker, Gaut jumped behind the wheel of Foley's car and followed him.

The assault conviction could land 26-year-old Gaut in prison for up to five years.

"We are obviously disappointed with the verdict. We intend to appeal of course," Gaut's defense attorney, Raymond Vecchio said after the hearing. "We have some questions as to how they could come to 'guilty' on count one, but 'not guilty' on count two."

Gaut, her eyes red and moist, stood behind her attorney as he spoke a crowd of reporters but declined to make a statement.

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Man charged with DUI on way to DUI hearing
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HARRISBURG -- A man charged with drunken driving on the way to a drunken driving hearing said he probably will have to quit drinking.

Anthony R. Lilly, 74, of Susquehanna Township, Dauphin County, was arrested when his car struck a guardrail Tuesday as he was driving to District Judge Raymond Shugars' office for a hearing on a Feb. 8 drunken-driving arrest, police said.

An officer found Lilly at the wheel smelling of alcohol, slurring his words and appearing disoriented, township Police Chief Rob Martin said. He said Lilly refused a Breathalyzer test and was charged with drunken driving and related charges.

When arrested Feb. 8, after striking a parked car at an Arby's restaurant and driving away, Lilly had a blood-alcohol content of 0.259 percent, more than three times the 0.08 percent legal limit for driving in the state.

Lilly told The Patriot-News of Harrisburg he did not remember details of Tuesday's accident. He said he was earlier charged with driving under the influence in 1998. Court records showed he also pleaded guilty in a 2004 DUI case and served six months of house arrest.

Lilly described himself as a drinker, but said after the latest arrests he will probably have to stop sitting with the bartender until the early morning hours. "I'll have to quit," he said. "They're going to force me to stop."

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California DUI / California Drunk Driving news:

Drunk man rides horse into bank

A drunk German horse rider rode into a bank foyer to sleep for the night, after having one too many for the road during a stopover at his local beergarden.

Wolfgang Heinrich, 40, from the German town Wiesenburg, had been riding with his Haflinger horse Sammy when he stopped to have a drink with friends.

But when he left the pub he realised he was too drunk to ride all the way home - and because it was cold, he decided to use his bank card to open up a nearby bank foyer and take himself and Sammy inside to sleep it off.

Heinrich and his horse were found in the early hours of the morning by local man Stephan Hanelt, 36, who came to the bank to take out some money.

He said: 'It was a bit of a shock to find a man and a horse asleep in the foyer of the bank. I rang the police straight away.'

Heinrich was let off with a warning and rode home. But bank staff were less than impressed when they arrived and had to clean up after the horse, who had left a deposit of his own on the foyer floor.


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Arrests/citations involving NFL players, 2000-07





April 22, 2007

BRENT SCHROTENBOER, ERIN HOBBS and MERRIE MONTEAGUDO / UNION-TRIBUNE

Date Name Team Pos. Incident Resolution
2007
4/1/07 Anthony Davis Tampa Bay OT Arrested on disorderly conduct charge in Virginia. Pending
3/31/07 Darrell Reid Indianapolis DE Arrested on suspicion of marijuana possession in N.J. after traffic stop.
3/29/07 Lionel Gates Tampa Bay RB Arrested, charged with hitting pregnant woman in face
3/26/07 Brandon Marshall Denver WR Arrested on charges of false imprisonment, domestic violence
3/25/07 D'Anthony Batiste Carolina OG Arrested, charged with carrying a concealed weapon after traffic stop.
3/21/07 Chris Henry Cincinnati WR Cited for three traffic charges, including driving with suspended license, vehicle impounded.
3/19/07 E.J. Kuale New Orleans LB Arrested on charges of marijuana possession and firearm with drugs after car searched Team waived him two days later
3/19/07 Gerald Sensabaugh Jacksonville S_ Arrested for speeding, carrying a loaded weapon without permit
3/18/07 Joey Porter Miami LB Misdemeanor battery charge at Las Vegas casino vs. Levi Jones
3/13/07 Jerramy Stevens Seattle TE Arrested on suspicion of DUI and possession of marijuana after police stopped his car in downtown Scottsdale, Ariz.
3/10/07 Charles Sharon Jacksonville WR Arrested in Tampa and charged with grand theft of a firearm and carrying a concealed firearm after police said they approached Sharon's parked 2007 Chevrolet Tahoe. Police said they found a stolen gun in car and smelled marijuana.
3/4/07 Deshea Townsend Pittsburgh CB Arrested and charged with simple assault after incident at club
3/4/07 Dominique Byrd St. Louis TE Arrested on suspicion of drunken driving in Los Angeles.
2/20/07 Dominic Rhodes Indianapolis RB Arrested on a drunken driving charge after Indiana state troopers pulled over a GMC truck going 81 mph in a 55-mph zone. Pleaded guilty to reckless driving, $1,000 fine, suspended sentence
2/19/07 Jonathan Babineaux Atlanta DT Arrested at his townhouse in Lawrenceville, Ga., on a felony count of animal abuse.
1/22/07 Johnathan Joseph Cincinnati CB Arrested and charged with possession of marijuana in northern Kentucky after traffic stop. Diversionary program
1/6/07 Ryan Krause Chargers TE Arrested in Pacific Beach on suspicion of driving under the influence. Pleaded guilty to one count, $1,756 fine, 32 hours of volunteer work
1/3/07 DeDe Dorsey Indianapolis RB Charged with misdemeanor of carrying a handgun without a license after being stopped for speeding.
1/2/07 Ross Verba Detroit OG Arrested in Wisconsin on a felony warrant for writing bad checks in Nevada after being pulled over for speeding. Dropped after paid money owed, then cut by team
1/1/07 Travis Taylor Minnesota WR Arrested just after 3 a.m. outside a Minneapolis nightclub. Taylor was charged with three misdemeanors: fifth-degree assault, disorderly conduct and interfering with pedestrian or vehicular traffic.
2006
12/18/06 Terrence Kiel Chargers S_ Cited by police for public urination outside a downtown club. Dropped
12/14/06 Terry "Tank" Johnson Chicago DL Arrested at his home in suburban Chicago and charged with six counts of possessing an unlicensed gun. Johnson was on probation for another weapons charge. Suspended one game, house arrest, four months in jail for probation violation, $2,500 fine
12/9/06 Deltha O'Neal Cincinnati CB Arrested and was charged with driving while intoxicated after being stopped at a traffic checkpoint in Amelia, Ohio. Benched one game, pleaded to reckless operation of vehicle
12/4/06 Dominique Byrd St. Louis TE Charged with assault and armed criminal action for his alleged role in a Dec. 4 nightclub scuffle in downtown St. Louis.
12/3/06 Reggie McNeal Cincinnati WR Arrested in Houston and charged with resisting arrest after being refused entrance to a nightclub.
11/27/06 Cletis Gordon Chargers CB Arrested near the corner at 6th and J downtown on suspicion of drunken driving. Dropped
11/25/06 Adrian Jones N.Y. Jets OT Arrested and charged with operating a motor vehicle while intoxicated.
11/19/06 Antonio Bryant San Francisco WR Arrested for reckless driving, resisting arrest and driving under the influence. Bryant was pulled over off of Highway 101 after traveling "well over 100 mph," police said. NFL suspended four games, cut after season
11/14/06 Fred Weary Houston OL Subdued with a Taser and charged with resisting arrest by Houston police during a controversial traffic stop. Dropped
11/11/06 Marcus Coleman Dallas DB Arrested and charged with driving while intoxicated. Cut by team
11/10/06 Khalif Barnes Jacksonville OT Arrest for driving under the influence, BAC 0.12
11/5/06 Donte Whitner Buffalo S_ Arrested, charged with harassment of girlfriend in domestic dispute Dropped
10/28/06 Adam "Pacman" Jones Tennessee CB Cited for misdemeanor assault after being accused of spitting on a woman in a nightclub Oct. 26. Suspended one game, later for all 2007 after another incident
10/26/06 Robert Reynolds Tennessee LB Charged with domestic violence, assault and criminal damaging as a result of an Oct. 21 incident in Ohio with his estranged wife. Pleaded guilty to criminal damaging, avoided assault charge
10/22/06 Bobby McCray Jacksonville DE Arrested after a traffic stop on a Florida state highway for possession of a controlled substance (painkillers) and reckless driving. Pleaded no contest to reckless driving, $1,000 fine, drug charges dropped
10/9/06 Markus Curry Chargers CB Arrested on suspicion of spousal abuse for allegedly injuring the mother of his child. Dropped
10/6/06 Kenoy Kennedy Detroit S_ Arrested, charged with DUI. Pleaded guilty, 18 months probation, five days community service, $500 fine
10/3/06 B.J. Sams Baltimore DB Arrested and charged with driving under the influence, the second time in 14 months. May 15 court date
9/26/06 Jared Allen Kansas City DE Charged with driving under the influence for the second time in five months. Police pulled Allen over around 1:30 a.m. after following a Dodge Charger that was not staying in its lane. Two convictions, two days in county jail, two days in treatment, one under house arrest
9/26/06 Terrence Kiel Chargers S_ Arrested at the Chargers practice field by Drug Enforcement Administration agents for allegedly possessing and shipping large quantities of prescription cough syrup, a controlled substance. Pleaded guilty to misdemeanor charges, cut by team, counseling, community service
9/25/06 Odell Thurman Cincinnati LB Arrested and charged with drunken driving. NFL suspended rest of the season, pleaded no contest, license suspended, 90-day-sentence suspended
9/3/06 Steve Foley Chargers LB Foley faces two counts of driving under the influence after he was stopped and shot three times by an off-duty Coronado police officer outside Foley's home in Poway. Pending
9/2/06 Brian Williams Jacksonville CB Arrested on drunken driving charges. Pleaded no contest, 50 hours community service, six months probation
8/26/06 Dwight Smith Minnesota S_ Arrested on charges of indecent conduct in downtown Minneapolis. Team suspended him one game, pleaded guilty, 16 hours community service
8/25/06 Adam "Pacman" Jones Tennessee CB Arrested outside a Murfreesboro, Tenn., bar and charged with disorderly conduct and public intoxication. Charges would be dropped if he stayed out of trouble for six months
8/15/06 Koren Robinson Minnesota WR Arrested and charged with fleeing from police, a felony, along with two DWI charges and three other misdemeanors. Also ticketed for driving without valid license Aug. 10. NFL suspended for a year, cut by team, pleaded guilty to felony of fleeing police, sentenced to 90 days jail
8/12/06 Randy Starks Tennessee DT Arrested and charged with domestic assault. Charges will be dropped in exchange for counseling
8/6/06 Barrett Brooks Pittsburgh OT Arrested after fleeing from Pittsburgh police on a motorcycle and charged with fleeing and eluding, reckless driving, driving at an
unsafe speed and other traffic violations. Apologized, pleaded guilty, court costs
8/5/06 Eric Steinbach Cincinnati OG Arrested and charged with boating under the influence on the Ohio River. Diversion program, fine
7/22/06 John Gilmore Chicago TE Arrested and charged with marijuana possession and three other misdemeanors after allegedly refusing to leave a Chicago bar. Dropped
7/22/06 Matthias Askew Cincinnati DT Arrested and charged with obstruction of police business, resisting arrest and two parking violations. Acquitted
6/25/06 Johnathan Sullivan New England DL Arrested in Griffin, Ga., and charged with possession of marijuana, noise and seatbelt violation in traffic stop. Dropped
6/23/06 Cortland Finnegan Tennessee CB Arrested in Nashville for driving under the influence. Pleaded guilty to reckless driving, 20 hours community service, suspended sentence
6/22/06 Jammal Brown New Orleans OT Arrested, charged with domestic abuse battery against wife Dropped
6/21/06 Frostee Rucker Cincinnati DE Charged with two counts of spousal battery and vandalism after an alleged fight between Rucker and his girlfriend.
6/20/06 Jabar Gaffney Philadelphia WR Charged in New Jersey with unlawful possession of a handgun after vehicle stop Diversion program for first-time offenders
6/19/06 Santonio Holmes Pittsburgh WR Holmes was arrested and charged by Columbus, Ohio, police with two misdemeanor counts of domestic violence and simple assault. Dropped
6/14/06 Chris Henry Cincinnati WR Henry turns himself in and is arrested for providing alcohol to three teenage girls in a Covington, Ky., motel room on April 29. Sentenced to two days in jail, 88-day suspended sentence
6/13/06 Cato June Indianapolis LB Arrested after missing court appearance for driving with suspended license Dropped
6/3/06 A.J. Nicholson Cincinnati LB Charged with burglarizing the apartment of a former Florida State teammate the weekend of May 20-21. Pleaded no contest, two years probation, 60 days at work program
6/3/06 Chris Henry Cincinnati WR Arrested and charged with speeding and operating a vehicle under the influence. Henry was stopped on Interstate 275 in Cincinnati at 1:18 a.m., after being clocked driving 82 mph in a 65 mph zone. Pleaded guilty to lesser charge of reckless operation of car, 30-day suspended jail sentence
5/27/06 Santonio Holmes Pittsburgh WR Holmes was among hundreds of people arrested for disorderly conduct as part of a police crackdown on revelers who annually converge on Miami Beach during the Memorial Day weekend. Dropped after paying $250
5/26/06 Cory Rodgers Green Bay WR Arrested in Forth Worth, Texas, on misdemeanor charges of unlawfully carrying a weapon and discharging a firearm outside a nightclub. 15 months probation, 80 hours community service
5/18/06 Ataveus Cash Washington WR Arrested, charged with driving without license Paid fine
5/16/06 Keith Traylor Miami DT Arrested, charged with driving under the influence in Oklahoma One year probation
5/13/06 Wayne Hunter Seattle OL Cited for fourth-degree assault and malicious mischief at sports bar Released by team three days later
5/12/06 Albert Haynesworth Tennessee DT Charged with reckless endangerment in road rage case Dropped
5/12/06 Vincent Burns Indianapolis DL Arrested, charged with disorderly conduct outside Kentucky club
5/12/06 Reuben Droughns Cleveland RB Arrested in a domestic violence case in Centennial, Colorado. Dropped
5/11/06 Jared Allen Kansas City DE Arrested, charged with DUI, speeding See above
4/23/06 Ricky Manning Jr Chicago CB Manning was arrested charged with assault for allegedly attacking a man in a Denny's restaurant near the Westwood campus. NFL suspended one game, three years probation, 100 hours community service
4/21/06 Steve Foley Chargers LB Arrested on suspicion of resisting arrest, battery on a police officer and being drunk in public after an altercation on a University City street at approximately 1:30 a.m. Dropped
4/14/06 Shaun Phillips Chargers LB Arrested on suspicion of obstructing or resisting an officer in the performance of his duty after an altercation downtown. Dropped
4/11/06 Bryce Fisher Seattle DE Arrested, charged with fourth-degree assault on wife Dropped
3/26/06 Dhani Jones Philadelphia LB Charged with failure to obey a lawful command -- a misdemeanor -- after he allegedly refused to stop dancing outside a South Beach club. Pleaded no contest, paid court costs
3/23/06 Adam "Pacman" Jones Tennessee CB Search warrant executed, Jones steps out of corvette reeking of marijuana, according to police report. Dropped
2/18/06 Trai Essex Pittsburgh OL Arrested, charged with disorderly conduct at nightclub in Miami Dropped
2/17/06 Ahmad Carroll Green Bay CB Arrested on charges of third-degree assault on police officer at bar, disorderly conduct Pleaded no contest to reducted charges, $700 fine, plus court costs
2/15/06 Damion McIntosh Miami OT Arrested on a charge of domestic violence. He allegedly knocked his wife to the floor at their Davie, Fla., home. Dropped
2/12/06 Terry "Tank" Johnson Chicago DL Arrested for the second time in eight months in Chicago, charged with misdemeanors aggravated assault and resisting arrest. Dropped
2/6/06 Adam "Pacman" Jones Tennessee CB Arrested on marijuana possession, obstruction charges in Fayetteville, Ga., after officer approached car. Marijuana charge charge dropped, obstruction pending
1/28/06 Chris Henry Cincinnati WR Arrested in Florida on concealed weapons charges for allegedly possessed a firearm outside an Orlando nightclub. NFL suspended two games, 100 hours community service, two years probation
1/19/06 Greg Wesley Kansas City DB Arrested on charges of threatening to punch a bouncer at bar. Dropped
1/15/06 Sean Locklear Seattle OL Arrested on a charge of assault for allegedly choking his girlfriend outside a downtown Seattle nightspot. Dropped after community service agreement
1/9/06 Reggie Williams Jacksonville WR Charged with misdemeanor marijuana possession, driving with a suspended license Dropped after completion of intervention program
2005
12/15/05 Daunte Culpepper Minnesota QB One of four Vikings charged with indecent conduct, disorderly conduct and lewd or lascivious conduct on a party boat Oct. 6. Dropped
12/15/05 Bryant McKinnie Minnesota OT One of four Vikings charged with indecent conduct, disorderly conduct and lewd or lascivious conduct on a party boat Oct. 6. Pleaded guilty to disorderly conduct, $2,000 fines, 48 hours community service, NFL fined one game check
12/15/05 Fred Smoot Minnesota CB One of four Vikings charged with indecent conduct, disorderly conduct and lewd or lascivious conduct on a party boat Oct. 6. Pleaded guilty to disorderly conduct, $2,000 fines, 48 hours community service, NFL fined one game check
12/15/05 Moe Williams Minnesota RB One of four Vikings charged with indecent conduct, disorderly conduct and lewd or lascivious conduct on a party boat Oct. 6. Pleaded guilty to disorderly conduct, left for St. Louis via free agency
12/15/05 Chris Henry Cincinnati WR Arrested in Covington, Ky., and charged with possession of marijuana after traffic stop. Pleaded guilty, drug rehab
11/25/05 Lionel Dalton Kansas City DT Arrested in domestic violence incident with estranged wife Dropped
11/9/05 Fakhir Brown New Orleans CB Arrested on a charge of driving while intoxicated in San Antonio, Texas. Dropped
11/1/05 Reuben Droughns Cleveland RB Arrested and charged with drunken driving in Strongsville, Ohio. Acquitted
10/31/05 Derreck Robinson Chargers DE Arrested and booked on suspicion of drunken driving after he crashed his car into the center divider on Interstate 8 near 70th Street. conviction, $1,850 fine, 180 days suspended sentence, five years probation, first-time conviction program
10/26/05 Courtney Watson New Orleans LB Booked in San Antonio, Texas on a charge of drunken driving. Pleaded no contest, six months probation, traded to Buffalo in summer, bench warrant out for his arrest as of April 2007
9/23/05 D.J. Williams Denver LB Arrested, charged with DUI Pleaded guilty to driving while impaired, 24 hours community service, one year probation
9/13/05 Torrie Cox Tampa Bay CB Jailed after being charged with driving under the influence, his second arrest on suspicion of drunken driving in nine months. Pleaded no contest, jailed, deactivated one game, $654.50 paid
9/12/05 Larry Johnson Kansas City RB Cited for domestic abuse assault after an altercation with his girlfriend at a bar. The assault charge was later dismissed. Dropped
8/28/05 Kevin Williams Minnesota DT Arrested and charged with misdemeanor fifth-degree domestic assault after altercation involving wife. pleaded guilty to misdemeanor disorderly conduct, $1,000 fine, one year probation
8/17/05 Lawrence Tynes Kansas City K_ Charged with a felony count of substantial battery after he allegedly broke a bouncer's nose in an Aug. 14 bar fight. $397 fine
8/15/05 B.J. Sams Baltimore DB Arrested and charged with drunken driving after a traffic stop in Towson, Md. Probation for driving while impaired
8/14/05 Junior Siavii Kansas City DT Arrested with teammate Greg Wesley on suspicion of disorderly conduct after allegedly getting into a drunken confrontation with police in a Minneapolis hotel. Pleaded guilty to misdemeanor, 80 hours community service
8/14/05 Greg Wesley Kansas City S_ Arrested with teammate Junior Siavii on suspicion of disorderly conduct after allegedly getting into a drunken confrontation with police in a Minneapolis hotel. Ordered to pay $500 in costs and have no similar cases in a year before case dismissed
7/15/05 Rod Coleman Atlanta DT Arrested for misdemeanor disorderly conduct during a traffic stop in DeKalb, Ga. Coleman allegedly cursed at an officer and asked, ``Do you know who I am?'' Pleaded no contest, six months probation, $1,000 fine, two days community service
7/13/05 Adam "Pacman" Jones Tennessee CB Arrested on charges of assault and felony vandalism stemming from a fight at a nightclub. Dropped
7/10/05 Randy McMichael Miami TE Charged with simple battery and criminal trespass in Grovetown, Ga., stemming from an apparent domestic dispute. Pleaded guilty to criminal trespass, 90 days probation, fined one game check
6/23/05 Quintin Williams Miami S_ Arrested on DUI and drag-racing charges. He was clocked driving 111 mph near the Dolphins practice facility, according to the Florida Highway Patrol. Cut from team a day later, pleaded to reckless driving, six months probation
6/11/05 Terry "Tank" Johnson Chicago DL Arrested on a felony gun charge after police found a loaded 9mm handgun in vehicle. Pleaded guilty to misdemeanor, 18 months probation, 40 hours community service
6/4/05 Sean Taylor Washington S_ Arrested and charged with felony aggravated assault with a firearm and misdemeanor simple battery related. Pleaded no contest to misdemeanor assault and battery, NFL fined four games' pay, 18 months probation, provide $1,000 scholarships to 10 schools
6/4/05 Nick Harper Indianapolis CB Arrested and charged with misdemeanor domestic battery for allegedly striking his wife. Diversion program for first-time offenders
5/29/05 Mike Doss Indianapolis S_ Arrested on charges of carrying a concealed weapon and discharging a firearm within city limits. Pleaded guilty to misdemeanors, NFL suspended two games
5/29/05 Kalimba Edwards Detroit DE Arrested on charges of failing to produce a driver's license and resisting arrest during a traffic stop in Southfield, Mich. Pleaded guilty to disorderly conduct, one year probation, $820 fines
5/20/05 Kellen Winslow Jr. Cleveland TE Charged with disregarding safety, a misdemeanor, following his May 1 wreck in a parking lot in Westlake, Ohio, police. Pleaded no contest, missed season with injuries
5/12/05 Tyrone Calico Tennessee WR Cited for public indecency with 18-year-old woman in vehicle. Dropped
5/6/05 Koren Robinson Seattle WR Arrested, charged with DUI Cut by team, pleaded guilty, one day in jail, $2,137 fine, license suspended 90 days
4/25/05 Ahman Green Green Bay RB Arrested in Green Bay after an alleged domestic violence incident. Continuance agreement, 100 hours community service, violence counseling
3/18/05 Tommy Hendricks Jacksonville LB Charged with violating a restraining order taken out by his former wife. Cut by team a week later
3/14/05 Brad Hopkins Tennessee OL Arrested and charged with domestic assault against his wife. Pleaded guilty, NFL suspended one game, year's probation, $10,000 to charities
3/4/05 Larry Ned Arizona RB Ned, who played at San Diego State, was arrested at the Phoenix airport for allegedly stealing another flier's laptop computer. Team cut him soon afterward, retired
3/1/05 Dwight Smith Tampa Bay S_ Arrested and charged with pulling a pellet gun on two fans who approached his car while he waited in line at a McDonald's window. Dropped
2/24/05 Kelly Campbell Minnesota WR Arrested on weapons and drug charges near the Georgia Dome after traffic stop. Campbell is charged with possession of marijuana and theft by receiving stolen property. Reached deal to avoid jail time, released in September 2005
2/17/05 Tank Williams Tennessee S_ Arrested and charged with driving under the influence of alcohol after a police officer saw his car make a rolling stop in Nashville. Pleaded guilty to reckless endangerment, alcohol safety program, community service
2/14/05 Samari Rolle Tennessee CB Arrested on assault charges after a Valentine's Day altercation with his wife. NFL fined one game check, probation, anger management
2/4/05 Frank Walker N.Y. Giants CB Possession of stolen vehicle, use of weapon in committing felony Day in jail, charges dropped
1/21/05 David Terrell Chicago WR Arrested for arriving late for court date on traffic charges. Pleaded guilty to negligent driving, $1,050 fine
1/1/05 Willie Middlebrooks Denver CB Arrested on suspicion of third-degree assault, domestic violence and harassment of his girlfriend early New Year's Day. Pleaded guilty, 36 weeks domestic violence class, 18-month deferred sentence
1/1/05 Montae Reagor Indianapolis DT Charged with harassment and telephone threats to a former girlfriend.
2004
12/20/04 Marques Anderson Oakland S_ Anderson and Woodson were arrested in downtown Oakland on suspicion of being drunk in public. Dropped
12/20/04 Charles Woodson Oakland DB Anderson and Woodson were arrested in downtown Oakland on suspicion of being drunk in public. Dropped
12/15/04 Todd Sauerbrun Carolina P_ Arrested for driving while impaired and speeding all while his license was revoked. Pleaded guilty, one year probation, $100 fine
12/4/04 Torrie Cox Tampa Bay CB Arrested in Tampa on suspicion of driving under the influence. Deactivated two games, pleaded no contest to reckless driving
12/3/04 Bryan Pittman Houston OL Arrested, charged with drunken driving Acquitted
11/16/04 David Terrell Chicago WR Arrested on charges of reckless driving, driving with suspended license and without insurance See above
11/16/04 Paul Zukauskas Cleveland OL Arrested in suburban Cleveland and charged with driving under the influence. Acquitted, fined $150 for improper turn
11/6/04 Matt Schaub Atlanta QB Arrested in Virginia and charged with assault and battery. Acquitted
10/28/04 Sean Taylor Washington S_ Arrested and charged with driving under the influence and refusing a breathalyzer test after being stopped by a Virginia trooper. Acquitted, deactivated for a game
10/22/04 Jarrod Cooper Panthers S_ Arrested for providing false information to officer after traffic stop Cut by team soon afterward
10/19/04 David Boston Miami WR Arrested, charged with simple assault for allegedly striking a gate agent when the attendant would not allow Boston to board a late-night flight at Vermont airport. Pleaded no contest, $500 fine, $211 restitution
10/5/04 Justin Smith Cincinnati DE Arrested and charged with drunken driving after he failed a breath test, in Dayton, Ohio Pleaded guilty, weekend intervention, license suspended six months, $300 fine
9/20/04 Eric Warfield Kansas City CB Arrested on drunken driving charges in the Kansas City suburb of Overland Park, Kan. Pleaded no contest, suspended four games, 10 days in jail, 80 in house arrest
7/18/04 Marquise Walker New England WR Arrested in Tampa, Fla., for driving under the influence. Released by team within week, two more DUI arrests in 2006
6/29/04 Randy McMichael Miami TE Arrested in Fort Lauderdale, Fla., for allegedly hitting his pregnant wife. His wife also was arrested on a domestic battery charge. Dropped
6/27/04 Chris Naeole Jacksonville OG Police used a Taser to subdue Naeole before arresting him on a charge of disorderly conduct at a bar in Jacksonville Beach. Dropped
6/27/04 Wendell Bryant Arizona DT Bryant was arrested on a drunk-driving charge by university police in Madison, Wis. Pleaded no contest, NFL suspended four games in connection with arrest, lost driver's license for six months, $660 costs
6/6/04 E.J. Henderson Minnesota LB Three Vikings players were arrested after a fight outside a downtown Minneapolis bar Dropped
6/6/04 Mike Nattiel Minnesota LB Three Vikings players were arrested after a fight outside a downtown Minneapolis bar Dropped
6/6/04 Steve Farmer Minnesota TE Three Vikings players were arrested after a fight outside a downtown Minneapolis bar Dropped
6/3/04 Cliff Crosby Kansas City CB Charged with disorderly conduct and other offenses for causing problems at a traffic stop in Erie, Pa. Pleaded guilty, 25 hours community service, $125.50 in court costs
5/25/04 Brock Marion Detroit S_ Charged with theft and filing a fraudulent vehicle insurance claim in Plantation, Fla. Pleaded no contest, four years probation, $10,000 to charity, restitution
5/6/04 Marcus Coleman Houston DB Arrested on a driving while intoxicated charge after he crashed his new Mercedes-Benz near a Houston bar. Convicted, three days jail, $2,000 fine, one year suspended license
4/27/04 Jay Bellamy New Orleans S_ Arrested for drunken driving in New Orleans
4/24/04 Leonard Little St. Louis DE Arrested for speeding and drunken driving on Interstate 64 in a St. Louis suburb. Convicted of misdemeanor speeding, acquitted of DUI
4/20/04 Corey Fuller Baltimore CB Charged with gambling and gun charges after being accused of hosting high-stakes card games at his house in Tallahassee, Fla. Acquitted
4/17/04 Ty Law New England CB Arrested in the South Beach section of Miami after he allegedly led police on a brief car and foot chase. Dropped
4/10/04 E.J. Henderson Minnesota LB Arrested, charged with drunken driving in Maryland. Two years probation, ordered to attend shock trauma at hospital
3/15/04 Joe Johnson Green Bay DE Arrested, charged with contempt of court for failing to appear on marijuana charge in 2003 Cut a few months later
3/2/04 David Tyree N.Y. Giants WR Charged with drug possession after being stopped for speeding and more than half-pound of marijuana found in car Day in jail, treatment
4/3/04 Joseph Jefferson Indianapolis CB Arrested, charged with DUI, driving with suspended license Pleaded guilty May 2004, probation, community service
2/25/04 Jamal Lewis Baltimore RB Indicted on federal drug charges involving a drug deal in the summer of 2000. He was charged with conspiring to possess cocaine with the intent to distribute, and using a cell phone in the commission of the crime. Pleaded guilty to using a cell phone to set up drug deal, NFL suspended two games, four months in prison
2/15/04 Jason Gesser Tennessee QB Arrested and charged in Honolulu with driving under the influence of alcohol. Pleaded guilty, $457 in fines, fees, 30-day license revocation, alcohol treatment
2/2/04 Levi Jones Cincinnati OT Jones and his cousin Fred Robinson were arrested hours after the Super Bowl after a fight broke out at a Houston nightclub. Dropped
1/14/04 Jeff Garcia San Francisco QB Arrested on suspicion of drunken driving and booked into the Santa Clara County jail. Pleaded guilty, $1,491 fine, seven days in work program
2003
12/5/03 Larry Johnson Kansas City RB Charged with aggravated assault, a felony, and misdemeanor domestic battery for allegedly brandishing a gun during an argument with an ex-girlfriend at his home in Leawood, Kan. Entered diversion program, 120 hours community service, anger management.
11/18/03 Kenny Mixon Minnesota DE Arrested on suspicion of drunken driving in Hennepin County for the third time in 16 months. NFL two-game suspension $4,000 fine, 30 days in county workhouse, 216 community service hours
11/17/03 Joseph Jefferson Indianapolis CB Charged with DUI in Bowling Green, Ky. Pleaded guilty to driving with suspended license, $384.50 fines, 30-day suspended sentence
11/17/03 Kevin Williams Minnesota DT Arrested on a drunken driving charge in Edina, Minn. Pleaded guilty to careless driving
10/27/03 William Green Cleveland RB Arrested on charges of drunken driving and marijuana possession. Convicted of DUI charge, three days in jail, NFL suspension seven games
10/26/03 T.J. Slaughter Jacksonville LB Arrested and spent several hours in jail after two men in a passing car told police the player pointed a gun at them. No charges filed after invervention program, but cut by team the next day
10/21/03 Kenyatta Jones New England OL Arrested for allegedly assaulting his roommate with scalding water. One year probation, team released him within days
10/11/03 Juran Bolden Atlanta CB Arrested and charged with driving a stolen car and marijuana possession. Pleaded no contest to felony possession of stolen vehicle, $3,000 fine, three years probation
10/7/03 Rabih Abdullah Chicago RB Arrested and charged with driving under the influence and leaving the scene of an accident. Pleaded guilty, year probation, $1,344 fines, alcohol treatment
10/1/03 John Abraham N.Y. Jets DE Abraham was arrested and charged with driving while intoxicated after his Hummer was involved in a crash in Baldwin, N.Y. Pleaded guilty to driving while impaired, $330 fine, lost license for three months
9/20/03 Sebastian Janikowski Oakland K_ Arrested on suspicion of misdemeanor assault, misdemeanor vandalism and public drunkenness after an altercation at a Walnut Creek nightclub. Dropped
9/16/03 Jarrod Cooper Carolina DB Arrested during a traffic stop and charged with speeding, driving with a revoked license, driving while intoxicated and possession of a controlled substance. Fine by NFL $137,000, suspended four games
9/14/03 Matt Wilhelm Chargers LB Arrested and charged with driving under the influence. conviction, $1,700 fine, 90 days restricted license, 180 days suspended sentence, five years probation
9/10/03 Rodney Wright Buffalo WR Arrested on four charges, including driving while intoxicated after he was involved in a three-car accident in a suburb of Buffalo. Released by team later that day, week in jail
8/21/03 Leonardo Carson Chargers DT Charged with kidnapping and burglary Aug. 21 in Mobile, Ala., while home to attend his grandfather's funeral. Pleaded guilty, NFL suspended one game, 30 days in jail
8/18/03 Chris McAlister Baltimore CB Charged with DUI in Virginia Dropped
7/25/03 Mike Nattiel Minnesota LB Arrested on DUI charge on day his first NFL training camp opened Pleaded guilty to careless driving, 30 days in county workhouse
7/15/03 Wayne Hunter Seattle OL Arrested, charged with assaulting pregnant girlfriend NFL suspened one game in 2004 and 2005, violence counseling
7/4/03 Dwayne Carswell Denver TE Arrested in Atlanta and charged with simple battery, domestic violence and obstruction of an officer after a fight with his girlfriend. Guilty, suspended one game
5/31/03 Michael Pittman Tampa Bay RB Pittman (Mira Mesa High) was charged with aggravated assault after police said he used his Hummer to ram a car carrying his wife, 2-year-old son and a babysitter. Pleaded guilty to one count, 14 days in jail, NFL suspended three games, plus two paychecks
5/25/03 Jermaine Haley Washington DT Arrested in Miami Beach, Fla., on charges of driving under the influence and causing property damage. Pleaded no contest, year probation, $3,000 to charity
5/22/03 Keith Hamilton N.Y. Giants DT Arrest in N.J., on charges of cocaine, marijuana possession Retired, later pleaded guilty to cocaine possession
5/22/03 Steve McNair Tennessee QB Arrested in Nashville on charges of drunken driving and illegal possession of a handgun. Dropped
5/22/03 Joe Johnson Green Bay DE Charged with marijuana possession in Tifton, Ga., after traffic stop
5/3/03 Ramon Walker Houston S_ Arrested, charged with public intoxication, trespassing at club
4/27/03 Bruce Smith Washington DE Charged with driving under the influence of alcohol after being stopped for speeding in Virginia Beach, Va. Acquitted
4/16/03 Dwight Smith Tampa Bay S_ Charged with brandishing a handgun at motorist in Florida Pleaded guilty, one year probation
4/3/03 Jerramy Stevens Seattle TE Arrested, charged with DUI Pleaded guilty to reckless driving, two days in jail, $1,000 fine
3/29/03 Terrell Suggs Baltimore LB Charged with felony aggravated assault for an incident outside Phoenix Municipal Stadium. Acquitted
3/13/03 Eric Warfield Kansas City CB Arrested on DUI charge in Overland Park Pleaded no contest, two days in jail, three house arrest
2/14/03 Peppi Zellner Dallas DE Arrested in Forsyth, Ga., and charged with possession of crack cocaine with intent to distribute. Dropped
1/14/03 Dwayne Goodrich Dallas CB Charged with two counts of manslaughter after a deadly hit-and-run accident. Found guilty, serving 12 years in prison, ordered to pay $6 million
1/4/03 Damon Moore Chicago S_ Arrested in Columbus, Ohio, on charges of drunken driving. Moore was also charged driving the wrong way on the highway ramp, driving with expired tags and displaying a law-enforcement emblem on his vehicle. Pleaded guilty, later released by team
1/3/03 Kenny Mixon Minnesota DE Charged with DUI, refusing sobriety test Acquitted
2002
12/28/02 John Mobley Denver LB Arrested for DUI in Parker, Colo. Sentenced to seven days in jail
11/28/02 Lamar Smith Carolina RB Charged with driving while impaired, speeding and reckless driving after being stopped by a state trooper outside Charlotte. Put on paid leave, released
11/22/02 Steve Smith Carolina WR Arrested on an assault charge stemming from a film-room fight that sent a teammate to the hospital. One-week suspension, anger management
11/18/02 Victor Riley New Orleans OT Arrested in New Orleans and charged with first-offense DWI, reckless operation and disobeying traffic control signals Earlier probation revoked, two-week jail sentence
10/26/02 Deuce McAllister New Orleans RB Arrested for driving with a suspended license after he was caught doing 70 in a 40 mph zone on his way to the Saints' practice facility. Pleaded guilty to having no license on person, fines
10/18/02 Bryan Robinson Chicago DE Arrested and charged with driving under the influence of alcohol for the second time in less than four months. Also charged with driving on a suspended license Pleaded guilty, 17 days in alcohol treatment
10/7/02 Darren Hambrick Cleveland LB Arrested in Tampa, Fla. on a felony grand-theft charge that he stole a check for $5,682.51 from the Panthers. Pleaded no contest, one year probation
10/2/02 Sebastian Janikowski Oakland K_ Cited for two misdemeanor counts of drunken driving in Oakland. Pleaded no contest, $1,292 fine, three years probation
9/25/02 Lew Bush Kansas City LB Arrested and cited for driving under the influence of alcohol. Guilty, later suspended four games for other substance abuse, let go next summer
9/24/02 Randy Moss Minnesota WR Arrested in downtown Minneapolis and charged with careless driving and failure to obey a traffic officer after allegedly pushing a traffic officer a half-block with his car; marijuana possession. Pleaded guilty to careless driving, $1,200 fine, 40 hours community service
8/31/02 Willie Roaf Kansas City OT Arrested on suspicion of driving under the influence. Diversion program for first offense
8/25/02 Darrell Russell Oakland DT Arrested in Nevada on suspicion of drunken driving and speeding after leaving the Moonlite Bunny Ranch Brothel. Pleaded guilty, 48 hours community service, fines, DUI school
7/25/02 Chris Terry Carolina OT Arrested on a misdemeanor charge of assaulting his wife. Warrant later issued after he failed to appear in court. Dropped after 48 hours community service, counseling
7/23/02 Kenny Mixon Minnesota DE Charged with DUI Pleaded guilty for refusing to take sobriety test, 16 hours community service, 30 days in workhouse
7/18/02 Derrick Rodgers Miami LB Arrested for aggravated battery, simple battery and resisting arrest with violence after an altercation at a South Beach restaurant. Pleaded no contest to felonies and misdemeanors, 100 hours community service, suspended one game
7/13/02 Charlie Rogers Buffalo WR Arrested in the parking lot of a New Jersey go-go bar and charged with committing aggravated assault, making terroristic threats, resisting arrest and disorderly conduct. Acquitted
7/12/02 Marvel Smith Pittsburgh OT Arrested on marijuana possession charges in Tempe, Ariz. Dropped
7/8/02 Najeh Davenport Green Bay RB Arrested in Florida after a woman told police he had broke into her university dormitory room and defecated in a closet. Dropped after community service
7/6/02 Aaron Beasley N.Y. Jets CB Charged with a misdemeanor of simple battery stemming from a bar fight in Jacksonville, Fla. Dropped, paid $25
7/6/02 Mike Rumph San Francisco CB Charged with driving under the influence in Miami Beach, Fla., shortly after being drafted in the first round. Acquitted
7/2/02 Rodney Wright Buffalo WR Arrested on suspicion of felony hit-and-run driving and misdemeanor reckless driving after crash in Fresno. Pleaded no contest, 3 years probation, alcohol treatment
6/26/02 Sheldon Jackson Buffalo TE Arrested on misdemeanor charges of driving with a suspended license and marijuana possession (less than 2.5 grams). Paid fines
6/23/02 Bryan Robinson Chicago DE Arrested on DUI charges in Lake County, one day after his 28th birthday. Pleaded guilty, license suspended
6/18/02 Ricky Williams Miami RB Williams (Patrick Henry High) was stopped and handcuffed by police while they searched his Hummer in Fort Lauderdale. He was ticketed for having expired tags, no driver's license and no proof of insurance.
6/13/02 David Terrell Chicago WR Charged with misdemeanor battery after scuffle with parking valet Dropped
6/12/02 Joseph Jefferson Indianapolis CB Charged with carrying a firearm without a license Acquitted
5/24/02 Jeremy Newberry San Francisco OC Arrested on suspicion of hitting a San Diego woman in a fight on a boat on Lake Berryessa. Dropped
5/18/02 Vinny Sutherland San Francisco WR Arrested for felony hit-and-run and driving under the influence following a single-vehicle accident in Saratoga. Sutherland was driving with a suspended license from earlier DUI charge. Pleaded no contest, 20 day in jail, cut by team a few months later
5/11/02 Plaxico Burress Pittsburgh WR Arrested on a charge of public intoxication in Virginia Beach, Va. One-year deferral
3/27/02 Dominic Rhodes Indianapolis RB Charged with domestic abuse after he was accused of hitting and shoving a woman. Diversion program, mental health counseling
3/13/02 David Boston Arizona WR Arrested and later charged with driving under the influence of cocaine and marijuana. Pleaded no contest, suspended jail sentence
2/8/02 Jarrod Cooper Carolina DB Charged with driving while impaired, reckless driving in Charlotte Pleaded no contest, $800 fine, on year revoked license, 90-day suspended sentence
2/24/02 Ricky Williams Miami RB Arrested for speeding after being clocked driving 126 mph in Crowley, La. Bench warrant later issued for failure to appear in court Paid $500 fine
2/4/02 Leonardo Carson Chargers DT Arrested and charged with harassment and menacing, two misdemeanor charges, for allegedly pulling a gun at a car repair shop in Mobile, Ala. after arguing about repairs and work done on Carson's car. Dropped
2/1/02 Darrell Russell Oakland DL Russell (St. Augustine High) was arrested by Alameda police, who alleged that he and two friends gave a "date rape" drug to a female acquaintance before raping her. Dropped
1/20/02 Muhsin Muhammad Carolina WR Arrested on misdemeanor weapon and drug charges after a traffic stop for speeding in Scotland (N.C.) County, about 90 miles east of Charlotte. Pleaded guilty, $150 fine, one year probation
1/19/02 Jeff Graham Chargers WR Arrested in Dayton, Ohio, for carrying a concealed weapon. Dropped
2001
12/28/01 Albert Connell New Orleans WR Arrested on charges of theft following accusations that he took $4,363 from teammate Deuce McAllister. Dropped after he returned the money, suspended rest of season
12/27/01 Bobby Hamilton New England DE Arrested for allegedly assaulting his wife at their Cumberland, R.I., apartment. Dropped
12/24/01 Plaxico Burress Pittsburgh WR Cited for carrying an open bottle of Corona beer in Cleveland at 1:45 a.m. Christmas Eve, arrest warrant issued when he failed to appear Fined
12/18/01 Eric Warfield Kansas City CB Cited for drunken driving Diversion program, league counseling
12/9/01 Neil Rackers Cincinnati K_ Charged with fourth-degree assault stemming from an altercation in a Covington, Ky.nightclub. Dropped
12/7/01 O.J. Santiago Cleveland TE Summons issued in Pittsburgh for marijuana possession stemming from a Nov. 20 search of Gerard Warren's car. $366 fine for disorderly conduct
11/20/01 Gerard Warren Cleveland DT Arrested in Pittsburgh on a felony charge of carrying an unlicensed firearm. Warren and Santiago had attended a party hosted by Plaxico Burress. Suspended one game, pleaded guilty to misdemeanor, one year probation
11/19/01 Mike Sellers Cleveland FB Arrested along with CB Lamar Chapman after traffic stop. He was charged with DUI, felony drug possession Suspended, cut by team, pleaded to DUI, $1,000 fine, driving program
11/19/01 Lamar Chapman Cleveland CB Arrested along with Mike Sellers on drug charges after traffic stop Suspended, pleaded to drug misdemeanor, $750 fine
11/16/01 Terrence Carroll Philadelphia S_ Arrested on drug charges after marijuana was discovered in car. Cut by team, diversion program, 10 hours community service, 30-day probation
11/11/01 Jimmy Smith Jacksonville WR Arrested for speeding and on suspicion of driving under the influence in Jacksonville. Dropped
10/26/01 Travis Henry Buffalo RB Pleaded guilty in Hamburg, N.Y., to a misdemeanor charge of attempted sexual misconduct for trying to have sexual contact with a 15-year-old girl in his home Sept. 23, after the girl told him she was almost 18. 100 hours community service
10/14/01 Damien Robinson N.Y. Jets S_ Arrested outside Giants Stadium for having an assault rifle and ammunition in the trunk of his car. Fined one game check
9/14/01 Vinny Sutherland San Francisco WR Cited for driving under the influence after being pulled over on Highway 101 in San Mateo County. Pleaded guilty to reckless driving, two years probation
9/4/01 Cornell Brown Baltimore LB Arrested in a suburb of Baltimore and charged with possession of marijuana and drug paraphernalia. Cut by team, charges dropped
9/2/01 Eddie Kennison Denver WR Arrested and charged with three misdemeanors after an argument with a bouncer outside a Louisiana nightclub. Dropped
8/31/01 Vaughn Booker Cincinnati DE Arrested on domestic violence charges after police responded to a 3 a.m. call from Booker's wife at the couple's home. Dropped
8/12/01 Corey Fuller Cleveland CB Arrested after a preseason game against Green Bay for refusing to move his car from an intersection in Cleveland's Flats entertainment district. Pleaded no contest, $75 fine
7/21/01 R. Jay Soward Jacksonville WR Charged with disorderly conduct after being arrested while apparently intoxicated at a theme park in Orlando. Pleaded no contest, adjudication withheld
7/17/01 Stacey Mack Jacksonville RB Arrested on charges of propositioning an undercover police officer for oral sex. Pleaded no contest, adjudication withheld
7/14/01 Paul Edinger Chicago K_ Charged with drunken driving after he crashed into mailboxes in the residential community of Punta Gorda, Fla. Pleaded guilty to reckless driving
7/13/01 Aaron Gibson Detroit OT Charged with two counts of misdemeanor assault after a fight outside a nightclub in Pontiac, Mich. Pleaded guilty to one count, community service
7/5/01 Michael Hawthorne New Orleans CB Arrested for reckless driving and possession of marijuana after a traffic stop.
7/4/01 Ben Kelly Miami CB Charged with driving under the influence of alcohol after striking a parked Miami-Dade police car along a state highway. Acquitted
6/23/01 Michael Pittman Arizona RB Arrested for the second time in a month in Tempe, Ariz. on charges of domestic violence, criminal damage and criminal trespassing after dispute with his estranged wife. NFL suspended one game, five days in jail
6/16/01 Alex Ardley Tampa Bay CB Charged with drunken driving after crashing Deuce McAllister's sport utility vehicle into a house in Tallahassee, Fla. Cut by team next day, pleaded to reckless driving, $670 fine, six months probation, 150 hours community service
6/14/01 Chris McAlister Baltimore CB Arrested at Las Vegas' McCarren International Airport and charged with a misdemeanor of disturbing the peace after an argument with a flight attendant over seating arrangements.
6/10/01 Michael Pittman Arizona RB Arrested after an argument with his estranged wife at his wife's apartment in suburban Tempe, Ariz. See above
6/8/01 Mario Bates Arizona RB Domestic violence arrest, slapping girlfriend Dropped
5/23/01 Victor Riley Kansas City OT Charged with felony counts of aggravated assault and criminal damage to property, misdemeanors of child endangerment and leaving the scene of an accident. He allegedly rammed his vehicle several times into a vehicle occupied by his wife and infant daughter. NFL suspended one game, pleaded quilty to aggravated assalt, counseling
5/16/01 Terry Glenn New England WR Arrested in Walpole, Mass., on domestic abuse charges. Dropped
5/14/01 Jeremiah Parker N.Y. Giants DE Charged in Haledon, N.J., with aggravated manslaughter in connection with the death of his live-in girlfriend's 4-year-old son. 10 years in prison
5/4/01 Leon Searcy Baltimore OT Arrested on a misdemeanor domestic violence charge at his Clermont, Fla., home NFL suspended one game, diversion program
5/1/01 Jeremiah Pharms Cleveland LB The fifth-round draft pick was arrested on a first-degree robbery charge in the pistol-whipping and shooting of an alleged drug dealer in Seattle. 41 months in prison
4/1/00 De'Mond Parker Green Bay RB Charged with marijuana possession after police said they found seven grams in his car. Dropped after drug course
3/7/01 Adrian Klemm New England OT Arrested on a misdemeanor charge accusing him of punching another motorist's windshield in a traffic dispute. one year probation, 50 hours community service, $455 compensation
3/2/01 Dwayne Carswell Denver TE Charged with third-degree assault and domestic violence in Pueblo, Colo. Dropped
3/3/01 Jermaine Haley Miami DT Charged with drunken driving after an accident in Miami Beach in March. Pleaded no contest, 50 hours community service, $500
2/14/01 Leonardo Carson Chargers DT Charged with third-degree assault and third-degree criminal mischief. Dropped
2/8/01 Akili Smith Cincinnati QB Smith (Lincoln High, Grossmont College) was arrested on suspicion of driving under the influence of alcohol after he steered his 2001 Mercedes the wrong way on a one-way street in downtown San Diego. Acquitted
1/9/01 Tremain Mack Cincinnati DB Jailed for probation violation, having operated a vehicle when he was not supposed to after alcohol-related incidents in 1997 and 1998. 30 days in jail, cut by team
2000
11/20/00 John Davis Minnesota TE Arrested on suspicion of drunk driving, asleep in car in Wayzata, Minn. Pleaded guilty to careless driving, $200 fine, 40-day sentence suspended
10/28/00 Brian Griese Denver QB Arrested on suspicion of driving under the influence in south Denver. Pleaded guilty to driving while impaired, one year probation, $418 fines and costs
9/21/00 Joey Galloway Dallas WR Charged with misdemeanor assault on a police officer in connection with a May 14 incident in Wheeling, W.Va. Dropped
9/20/00 Dana Stubblefield Washington DT Arrested at home on assault charge against wife Dropped
9/12/00 Damien Robinson Tampa Bay S_ Arrested on bad check warrant for car registration he failed to pay Restitution paid, dropped
8/26/00 Corey Dillon Cincinnati RB Booked into the Washington jail for investigation of fourth-degree assault on his wife. Probation, $750 to women's shelter, counseling
8/24/00 Andre Rison Kansas City WR Charged with passing bad checks totaling $158,000 to a Georgia jewelry store while he was with the Chiefs. Pleaded guilty, two years probation, paid restitution
8/13/00 Darren Perry New Orleans S_ Charged with drunken driving, hit-and-run and careless operation of a vehicle (all misdemeanors) after rear-ending another car. Dropped
8/9/00 Bill Romanowski Denver LB Indicted on four felony charges of fraudulently obtaining prescription diet drugs. Acquitted
8/7/00 Andre Rison Kansas City WR Citing for obstructing police officer by giving false information. He identified himself to officer as "Brock Middlebrook." Fined $219.50, released by team a week later
7/28/00 Darnell McDonald Tampa Bay WR Arrested on felony charges of aggravated battery and burglary of car Cut by team, sentenced to two years probation, anger management, community service
7/20/00 Darnay Scott Cincinnati WR Arrested at his Florence, Ky., home on a charge of theft by deception for allegedly writing a bad check for $5158.92 to motorcycle shop. One night jail, paid check
7/18/00 Patrick Surtain Miami CB Arrested in Miami and charged with speeding and drunken driving. Pleaded no contest to reckless driving, $25,000 to MADD
7/7/00 Leonardo Carson Chargers DT Charged with third-degree assault Dropped
6/23/00 Andre Rison Kansas City WR Ordered to stand trial for theft of $1,000 tape recorder Pleaded no contest, one year probation
6/21/00 Sebastian Janikowski Oakland K_ Charged with one count of felony possession of a controlled substance after being found with a designer drug during a police sweep. Dropped
5/24/00 Charles Woodson Oakland CB Arrested in Ann Arbor, Mich., on outstanding warrants charging him with drunken driving and driving on a suspended license. Pleaded guilty to impaired driving, 60 hours community service
5/20/00 Chris McAlister Baltimore CB Charged with possession of marijuana Dropped
5/19/00 Marco Rivera Green Bay OG Arrested after being clocked him at 95 mph in a 45 mph zone. Tests showed Rivera's blood-alcohol level was 0.19 percent. Pleaded no contest, license suspended seven months, $1,133 fine
5/13/00 Mike Sellers Washington FB Arrested and charged with DUI in Arlington, Va. Found guilty, 18-month suspended sentence, license suspended one year
4/17/00 Tony Hutson Dallas OL Arrested for failure to appear in court on speeding charge. Police find pistol in his car, leading to weapons charge Weapon charge dropped
4/10/00 Mark Chmura Green Bay TE Charged with sexually assaulting his children's 17-year-old baby sitter during a drunken prom party. Acquitted
4/6/00 Steve Foley Cincinnati LB Arrested outside a Monroe, La., nightclub and charged with disturbing the peace. Dropped
3/31/00 Chris Walsh Minnesota WR Arrested, charged with DUI in Arizona, blood-alcohol content .229 Pleaded guilty, 12 days jail, $1,277
3/23/00 Solomon Page Dallas OL Arrested in West Virginia on charges of disorderly conduct, obstructing police Pleaded no contest to lesser charge, fined $200
3/14/00 Mario Bates Arizona RB Domestic violence assault on girlfriend, pleaded guilty misdemeanor NFL suspended one game, three years probation, 100 hours community service
2/21/00 Ricky Williams New Orleans RB Williams had outstanding arrest warrants for a prior traffic violation and failure to appear in court. Trooper pulled him over for improperly signaling lane change. $429 fine, briefly jailed
2/19/00 Benji Olson Tennessee OL Arrested, charged with DUI in Kentucky, blood-alcohol of .09 Pleaded to failure to drive carefully, $100 fine plus court costs
2/6/00 Wayne Chrebet N.Y. Jets WR Charged with disorderly conduct for an incident outside a bar. Pleaded guilty to nuisance violation, $230 fine
2/6/00 Keith Elias Indianapolis RB Charged with disorderly conduct and resisting arrest for an incident outside a bar. Pleaded guilty to nuisance violation, $230 fine
2/5/00 Steve Foley Cincinnati LB Arrested on a domestic violence charge in Monroe, La., after an argument with the mother of his son. Dropped
2/3/00 Fred Lane Carolina RB Arrested on drug and weapons charges in Jackson, Tenn., after traffic stop. Indicted on misdemeanor drug charges before being shot and killed by wife
1/31/00 Ray Lewis Baltimore LB Initially charged with murder, felony murder and aggravated assault in deaths of two men the night of the Super Bowl in Atlanta. Pleaded guilty to obstruction of justice, $250,000 NFL fine
1/24/00 Rod Smith Denver WR Arrested on misdemeanor charges of third-degree assault and harassment for allegedly choking and hitting the mother of his two children at the couple's home in Parker, Colo. Pleaded guilty to verbal harassment, $25,000 conditional NFL fine, group therapy

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Former deputy sentenced to 8 years for DUI crash

SAN DIEGO CALIFORNIA DRUNK DRIVING & DUI NEWS:

A former sheriff's deputy convicted of drunken driving and injuring two men was sentenced yesterday to eight years in prison.

James Costello, 42, pleaded guilty Feb. 15 in San Diego Superior Court to felony driving under the influence and causing great bodily injury in connection with the Nov. 6 crash.

Costello was a patrol deputy at the Lemon Grove substation but was off duty when the accident happened. Costello's pickup hit the rear of a flatbed tow truck whose driver had stopped to assist a motorist about 3 a.m. on state Route 15 south of El Cajon Boulevard.

The tow truck then slammed into the motorist's Toyota 4Runner, pinning the Toyota's owner and the tow-truck driver between them. Authorities said Costello's blood-alcohol level was 0.2 percent, more than twice the legal limit of 0.08.

The victims, Alfredo Garcia and John Naraka Coston, attended the hearing in wheelchairs. Coston's wife said it is uncertain whether her husband will walk again. Still, she said, the family has forgiven Costello.

Costello apologized and said he has sought treatment for alcohol addiction. “I am exceptionally, truly sorry, very sorry for what I have done,” he said.

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SAN DIEGO -- Jurors in the trial of Lisa Maree Gaut took a field trip to Poway Thursday, to visit the scene where former Chargers linebacker Steve Foley was shot.

Gaut, 26, is accused of trying to run over off-duty Coronado Police Officer Aaron Mansker.

Mansker shot Foley last September, after attempting to pull Foley over on suspicion of DUI.

During the trial, the defense has argued that Gaut was not driving at Mansker, but rather, the car was rolling toward him because the street is on a downhill slope.

The jury was taken, by bus, from downtown to Travertine Court in Poway.

Judge Charles Rodgers, who accompanied the jurors, said, "I think the concern of counsel, among other things, was so they could see the physical layout and the grade that was involved, that is the slope."

Jurors were allowed to look at the scene and take notes, but were not allowed to ask questions. They spent an hour at the scene. The judge said their observations are considered evidence in the case, but none of the jurors were allowed to take any photos nor conduct any experiments.

Jurors returned to court for afternoon testimony, where the prosecution continued with a ballistics expert.

The defense is expected to present its case next week.

Gaut faces two charges of felony assault with a deadly weapon and two misdemeanor DUI charges. She is currently free on bail.

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A Coronado police officer told a jury Wednesday he thought he was going to be crushed by a car driven by Lisa Maree Gaut, the female passenger with former Chargers linebacker Steve Foley.

Officer Aaron Mansker was cross-examined Wednesday in the trial of Gaut, 26. She is accused of trying to run Mansker over with a car last Labor Day.

Mansker said he was not in uniform when he followed Foley and Gaut to Poway, but he said he did identify himself as an officer more than once.

Defense attorney Raymond Vecchio questioned Mansker on why he shot Foley.

The officer said Foley got out of his car and began walking toward him, reaching under his shirt. Mansker believed he was reaching for a weapon.

Vecchio asked, "He could have been reaching for other things, other than a handgun, right?"

Mansker replied, "Not that I thought of, no."

The officer also testified that after the shooting, Gaut said, "Oh my God. What have you done?" and started to drive toward him.

"That's when the vehicle came at me and again I thought for sure that I would be crushed between my door and my car and I fired again," Mansker said.

The defense attorney fired back, saying, "The fact of your perception that Ms. Gaut was going to crush you in the door did not happen, right"

Mansker said, "It did not occur because I fired at the vehicle jaunting it either left or right. It went to the left of me."

Also on the stand was a computer forensic expert who testified that Foley might have been alerted to the fact that police were patrolling.

Records from Foley's cell phone showed he received a text that said, "Police are deep, you OK to drive?"

Shortly after the message was received, Mansker began following Foley, who he said was driving erratically on state Route 163.

It was also revealed in court Wednesday that Gaut's blood-alcohol level was 1.7 the night of the shooting.

Gaut faces two charges of felony assault with a deadly weapon and two misdemeanor DUI charges. She is currently free on bail.

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Results of breath test on Scottsdale chief's daughter questioned
Apr. 10, 2007 California DUI news / California Drunk Driving www.Google.com

SCOTTSDALE - Cody Nicole Rodbell, daughter of the Scottsdale police chief, was headed home from downtown Scottsdale's Next Nightclub at about 2:30a.m. March 28 when one of her father's officers stopped her and accused her of speeding.

The officer's radar gun clocked her red 2006 Toyota Solara at 57 mph in a 40 mph speed zone on Scottsdale Road near Oak Street.

That stop for speeding spun into what Police Chief Alan Rodbell called "challenging days," when it was revealed that his 21-year-old daughter had been arrested on suspicion of drunken driving.

But three Phoenix defense attorneys, who each have handled hundreds of drunken-driving cases, say there may not be strong enough evidence to convict her.

None of the attorneys represents Cody Rodbell, but they were asked to give their opinions in light of test results released last week that showed Cody Rodbell's blood alcohol was 0.072 percent, slightly below Arizona's 0.080 percent level of presumed intoxication. That test was from blood drawn following her arrest at Scottsdale Healthcare Osborn.

It was processed by the Arizona Department of Public Safety laboratory.

Those results differ from the potable blood-alcohol breath test given Cody Rodbell when she was stopped by police, which showed a level of 0.081 percent, just above the state's level of presumed intoxication. But those results aren't admissible in court because of the questionable accuracy of portable testing units.

The officer tested her breath after he noticed that her eyes were bloodshot and watery, her speech was slurred and she smelled of alcohol, according to a police report.

Cody Rodbell's case is in the hands of the Maricopa County Attorney's Office, which will decide whether she will be prosecuted.

The defense lawyers say the case may be weakened by the lack of a field sobriety test, and the second test that showed her blood-alcohol level below the presumed limit.

Defense attorney Woody Thompson said, "If the blood-alcohol content is 0.080 percent, there is no reason to look any further." "Everyone processes alcohol differently," Thompson said. "Some do it very quickly, others very slowly. The amount of food she had in her stomach and when she ate it could also be a factor."

Defense attorney Brian Russo argued that the 105-pound Rodbell could reach the 0.072 reading with a single glass of wine, making it unlikely to convince a jury she was drunk.

Cody Rodbell said she drank two beers between 12:30 and 1:30 a.m. on March 28, according to the police report.

Lawyer Jeffrey Mehrens said her speed likely would not be a factor if her case were prosecuted because she was driving less than 20 miles over the speed limit.

"Nobody would care about that," he said.

Her slurred speech, watery eyes and smell of alcohol observed by the officer also don't prove that she was drunk, only that alcohol was ingested, the attorneys said.

The three attorneys agree that field sobriety tests, which measure suspects' ability to control their movements, could bolster the case for the defense or the prosecution. But in the end, they may prove nothing, they said.

"Some people," Russo said, "can't walk a straight line, or stand on one leg, when they are sober."

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