June 30, 2007

California Drunk Driving / D.U.I. Checkpoint Nets One Arrest

Santa Clarita Sheriff’s Station conducted a D.U.I. Sobriety checkpoint Friday from 7pm through 3am Saturday morning. The checkpoint was conducted on eastbound Lyons Avenue, east of Wheeler Road. There were a total of 882 vehicles that passed through the checkpoint. Of those, 832 vehicles were screened. Seven vehicles were pulled off the line where the drivers received further California DUI field sobriety testing.

One of those drivers was arrested for California DUI - driving under the influence of alcohol / drunk driving at the California DUI checkpoint.

June 30, 2007

DETROIT Michigan

Michigan introduced new legislation to include all DUI / DWI /drunk driving incidents that occurred in the United States when prosecuting a Michigan driver.

If passed, the legislation would allow prior DUI / DWI / drunk driving convictions in other states to be taken into consideration and may be used to increase the punishment if the person is prosecuted in Michigan for drunken driving.

The legislator does not want Michigan to be known as a safe harbor for drunk drivers.

California DUI lawyer news

June 30, 2007

BAKERSFIELD, California

This holiday weekend, California DUI officers will be out in full force looking to catch California drunk drivers.

This weekend, officers from all of the law enforcement agencies in Kern County will be working.

The Avoid 18 program reminds drivers to do their part. In addition to increased patrol officers, officers will again be setting up California DUI checkpoints.

DUI award for most arrests

DUI Police Officer Ed Koczan makes one DUI arrest on the average of every 2.6 hours he patrols.

"We keep track of our own stats, but to hear them together like that ... I didn't realize the numbers," the top South Bend Indiana DUI officer said. Koczan, along with three other officers in St. Joseph County, were honored Friday morning during a news conference for being top officers when it comes to DUI arrests in the past quarter.
An enthusiastic crowd of community leaders, family members and law enforcement officials crowded the room at the city's Commerce Center, and nodded approvingly when the official figures on arrests and citations were read. "To be recognized today is a great thing."

June 29, 2007

LOS ANGELES, California

Vivica A. Fox purportedly called a California Highway Patrol officer a "racist white cop" during her California DUI arrest, according to a CHP report.

The 42-year-old actress, who is black, was pulled over in March after passing a CHP officer who said her Cadillac was doing 80 mph (129 kph) and weaving in its lane on the Hollywood Freeway.
The officer noticed that Fox's eyes were red and watery and she had a "strong odor" of alcohol, according to the report.

After she allegedly failed a series of California DUI field sobriety tests, the officer arrested Fox for investigation of a California DUI / driving under the influence / drunk driving.

"Fox began to walk away, yelling at my partner, 'Brother, help a sister, are you going to let this racist white cop do this... well, are you?'" according to the report.
The arresting officer is identified as Officer Laubscher and his partner Officer De Alba.
Fox continued to speak in a "condescending manner" as she was placed in the patrol car, the report said.
She was taken to the Van Nuys jail, where a breath test was conducted but had to be stopped when she "burped quite loudly," the report said.
Breath tests indicated her blood-alcohol level was greater than .08 percent, California's legal limit for a driver.

She was charged with two misdemeanor counts of California DUI / driving under the influence of alcohol and driving with a blood-alcohol level above the legal limit. Her arraignment is scheduled for July 19. If convicted, Fox could face six months in jail and a $1,000 + California DUI fine. Fox has appeared in such films as "Kill Bill: Vol. 1," "Soul Food" and "Independence Day."

Lindsay Lohan may be facing a cocaine charge to go along with her alleged California DUI.

Someone apparently leaked an alleged report claiming the troubled actress had cocaine in her system and a blood-alcohol level nearly double the legal limit after the accident.

But the Los Angeles County District Attorney's office is still awaiting toxicology results and no charges have been filed against the 20-year-old Mean Girls star.

On Memorial Day weekend, she allegedly plowed her Mercedes over a curb and into some trees. Police said they discovered a "usable amount" of a substance believed to be cocaine on the scene of the crash. Two days later, Lohan reportedly went to Promises Malibu to sober up.

Lindsay reportedly spent the first stage of her treatment detoxing from alcohol and narcotics, including the painkiller OxyContin, and then would receive intense counseling to avoid using again. Lindsay was expected to check out of rehab earlier this week, but Lindsay may be extending her stay. She cancelled her much-hyped 21st birthday celebration originally scheduled to be a multiday blowout in Las Vegas next week. We hope she gets better.

La Salle County sheriff's deputies likely saw red after a disturbance at Hideout Tavern in rural Sandwich, Illinois led to a DUI suspect damaging a police car and spitting blood in the face of an arresting officer.
Bryant V. Pawson was arrested at 2:50 a.m. Saturday for allegedly DUI / drunk driving / driving under the influence of alcohol, illegal transportation of alcohol, leaving the scene of an accident with property damage, felony aggravated battery and felony criminal damage to state-supported property.

Deputies were handling a disturbance at the Hideout Tavern when a vehicle driven by Pawson struck a parked vehicle and left the scene. He was stopped by police south of the tavern.

Pawson allegedly had two open containers of alcohol in plain view inside the vehicle. After being handcuffed and placed in the back seat of a squad car, Pawson reportedly became violent and kicked both back windows out. While being restrained by deputies, Pawson allegedly spit blood in the face of an officer.
Pawson was taken to La Salle County Jail, where he is being held without bond but with blood.

A CHP lieutenant allegedly aggressively promoted his daughter's business to companies seeking California Highway Patrol contracts he oversaw, signed a state purchase order for a deal involving her firm and listed himself as her venture's sole contact in state tax records, according to allegations in warrants used to search the officer's home and bank.
The CHP started scrutinizing Lt. Gregory Williams after issues relating to his purported role in awarding $600,000 in CHP license plate scanning system deals. Investigators subsequently discovered, the search warrant alleges, that key e-mails were deleted from Williams' police computer and that videos he made of scanning system field tests had gone missing.
CHP Sgt. Angela Ditzenberger outlined details of those allegations in sworn statements used to obtain four search warrants in January.

Censored versions of those warrants were unsealed Thursday after a four-month legal battle to make them public. The California Supreme Court rejected a last-minute bid by Williams' lawyers to keep them sealed.
Williams, Ditzenberger alleged, "negotiated, influenced, recommended and/or co-signed contracts on behalf of the CHP that directly and/or indirectly involved a company called Miner Fabrication, owned by his daughter Krystal and son-in-law, Chad Miner."
Since the January searches, the CHP has recommended to the Sacramento County District Attorney's Office that Williams be charged with a felony conflict of interest. The district attorney is still reviewing that recommendation, said spokeswoman Lana Wyant.
Williams has made no public comment since being put on administrative leave last November, though his daughter has said that neither she nor her father did anything wrong. Christopher Wing, a Sacramento attorney who represents Williams, declined to comment Thursday, saying he had not received nor read the warrants.
A CHP person would not say whether the deleted e-mail or missing videos were recovered.
CHP officers use license plate scanning systems to identify stolen vehicles automatically, without having to manually enter each plate.
One of the search warrants states that a month before officers raided his house, Williams had his CHP union attorney give an assistant chief a package of original scanning system documents he had kept at his home.
At the time, Williams had "primary oversight" for the scanning program, Ditzenberger alleged in her search-warrant application. She cited documents, witness statements and e-mails suggesting that Williams favored one Tennessee vendor, PIPS Technology Inc., over rivals and that he had been in close contact with PIPS since 2004.
During that time, PIPS hired Miner Fabrication to supply metal brackets that attach the scan systems to patrol car light bars. PIPS also used Miner as a small-business agent that resold its systems to the CHP. State officials interviewed by the CHP said they were unaware of the Williams family link to Miner Fabrication and that Williams did not disclose it, according to the search warrants.
Records for Williams' state- issue Nextel cellular telephone account also show he contacted Miner Fabrication multiple times in one week in May 2005 during bidding for a CHP license plate scanning system contract.
A witness whose name was redacted from the documents told the CHP that Williams "knew the contents of all the bids received by fax because (the witness) discussed them with him throughout the process." Miner Fabrication got the $101,000 contract a month later.
The unsealed documents also allege:
• Williams recommended to state officials strategies designed to steer contracts to Miner Fabrication and avoid Department of General Services bid procedures.
• Though a rival company called Home Electronics submitted a slightly lower bid, Miner Fabrication was awarded another $12,331 CHP contract for police antennas in November 2006 before officials canceled it as the conflict-of-interest probe continued.
• Williams attended seminars in California and Nevada and "promoted PIPS Technology systems" while on CHP assignment.
• Several witnesses, whose names and jobs were redacted from the documents, told CHP officers "they heard statements by Lt. Williams that they believed showed favoritism to PIPS Technology" during the CHP field testing of the systems.
• Williams told CHP officials that he might have a conflict of interest. He was put on leave that same day.
• An electronic folder of Williams' e-mail exchanges with PIPS Technology was cleared from CHP computers. The CHP did not shut down his mail until Dec. 1, four days after he was put on leave.
When a CHP investigator contacted PIPS Technology, an executive with the company agreed to turn over all documents describing its financial links to Miner Fabrication.

California drunk driving suspect Shot, Killed in Costa Mesa

A DUI suspect was fatally shot in Costa Mesa at the end of a pursuit by Newport Beach police officers.

The shooting happened about 1 a.m. at Cambridge Circle and Aliso Avenue.

The California DUI / California Drunk Driving suspect allegedly used his vehicle to ram an officer’s patrol car.

Steve Foley's California DUI Lawyer ready?

A state appeals court yesterday ruled a driver who is hung over from using cocaine can be considered impaired / DUI even if the drug is no longer in her or his system.

The legal meaning of "under the influence" is expanded. A driver, who had taken cocaine but was not intoxicated when police stopped him, was ruled to still be a danger to other drivers. While the cocaine was no longer active it was the "proximate cause of his impaired behavior," the judges found.
"While the defendant was not 'high,' he was physically impaired," wrote Appellate Division Judge Thomas Lyons in a nine-page opinion, joined by Judges Ariel Rodriguez and Jack Sabatino. "As a result of ingesting cocaine, defendant's condition was such that his normal physical coordination was impaired so as to render him a danger to others on the highway."
Thiscould have an impact on alcohol-related DUI cases. None knew of a similar decision elsewhere in the country.
Now, they said, it could be possible for a person who had been drinking one night to be charged the next day if he or she had severe hangover symptoms.
"The potential impact is enormous," said John Tumelty, who represented the driver, David Franchetta, in the case. "Where do you draw the line? Even though a guy is not high and a drug is not active in the guy's system, if he's tired and sluggish and hung over from previous use, does that makes him under influence? If they say a drug hangover makes you guilty, what about an alcohol hangover?"
The law has traditionally been interpreted to mean a person is under the influence while a substance is pharmacologically active, said Jeffrey Gold, one of the state's leading experts in DUI law.
"The legislature didn't say hangover," Gold said. "They are really painting with a wide brush here to get as many people as possible. It's one more step to getting people off the road who are using drugs."
Richard Saferstein, the former head of the New Jersey State Police crime lab, who testified for the defense in the case, said he could possibly see the definition of "influence" covering more unusual circumstances, like a person having an LSD flashback long after taking the drug.
Vincent Molitor, assistant Cape May County prosecutor, said he was pleased with the decision and said was not concerned about widespread application of the ruling to drunk driving / DUI cases.

The statute covering the revocation of Nevada licenses is NRS 483.460:

NRS 483.460 Mandatory revocation of license, permit or privilege to drive; period of revocation; tolling of period of revocation during imprisonment; eligibility for restricted license; action to carry out court's order.
1. Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:
(a) For a period of 3 years if the offense is:
(1) A violation of subsection 2 of NRS 484.377.
(2) A violation of NRS 484.379 that is punishable as a felony pursuant to NRS 484.3792.
(3) A violation of NRS 484.3795 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955.
Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume upon completion of the period of imprisonment or when the person is placed on residential confinement.
(b) For a period of 1 year if the offense is:
(1) Any other manslaughter, including vehicular manslaughter as described in NRS 484.3775, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
(2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle accident resulting in the death or bodily injury of another.
(3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.
(4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
(5) A violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 and the driver is not eligible for a restricted license during any of that period.
(6) A violation of NRS 484.348.
(c) For a period of 90 days, if the offense is a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792.
2. The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484.379 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.
3. When the Department is notified by a court that a person who has been convicted of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 has been permitted to enter a program of treatment pursuant to NRS 484.37937, the Department shall reduce by one-half the period during which he is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that he was not accepted for or failed to complete the treatment.
4. The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484.3943 but who operates a motor vehicle without such a device:
(a) For 3 years, if it is his first such offense during the period of required use of the device.
(b) For 5 years, if it is his second such offense during the period of required use of the device.
5. A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.
6. In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064 or 206.330, chapter 484 of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court's order.
7. As used in this section, “device” has the meaning ascribed to it in NRS 484.3941.

The highlighted portions of the statute show a revocation for a DUI offense, but the offense has to be “a violation of NRS 484.379”, not a generic DUI. In other words, there is no provision for revoking a Nevada DL for a violation of a DUI statute from another state.

The case of Krahn v. State, Dep't of Motor Vehicles & Public Safety, 108 Nev. 1015, 842 P.2d 728 (1992) held that a violation of a federal DUI statute didn’t trigger the revocation because it wasn’t a violation of NRS 484.379. This same argument sgould apply to DUI convictions from other jurisdictions if a case were taken up on appeal.

June 28, 2007

A woman takes a plea deal, admitting to killing a man while driving under the influence - but it is not your typical DWI/ DUI.

Police say 52-year-old Darlene Kawczak of Feura Bush was driving her SUV last July, just before 11 o'clock in the morning, when she hit a bicyclist on Route 32 in Bethlehem. The victim, Joel Melnikoff, died at the scene.

It took a while for attorneys on both sides to come to an agreement on the case, because they say a popular sleep aid may have had a hand in it.
Tearful in Albany County Court Thursday, Darlene Kawczak pleads guilty to vehicular manslaughter. It is a charge that normally sees a maximum sentence of two-and-a-third to seven years in prison. But Kawczak will spend only six months in jail, and five years on probation - part of an unusual plea deal.
"Normally someone wouldn't be pleading to this sentence - but because of the various circumstances, that's what we decided was the most appropriate," says the Chief Assistant District Attorney.

Those circumstances surround what happened the night before the accident. Prosecutors say Kawczak drank five or six beers, then took a dose of the popular sleep aid "Ambien." But according to reports, that "dose" turned out to be a "double-dose," leading to tragedy the next morning.
"While I think there have been DWI arrests involving the use or misuse of Ambien, to my understanding, there have not been any other cases that have resulted in someone's death," Harris says.
Because of that, among other factors, attorneys on both sides say it was difficult to determine the most appropriate course of action.
"She took the breathalyzer test at the Bethlehem Police Department, it rang up zero - so, there were gonna' be some potential difficulties, that proof, if it went to trial," says Andrew Safranko, Kawczak's attorney.
As another part of her deal, Kawczak will work with the "Albany County Stop DWI" program, teaching about the possible dangers of using drugs like Ambien.

Seekonk musician joins anti-drunk driving campaign

June 28, 2007

There remains a connection between rock music and alcohol isn't always a flattering one: Images of intoxicated artists tripping over instruments and fumbling song lyrics while drunk fans flail around in mosh pits may come to mind.But Seekonk resident and musician Phil Ayoub is helping to forge a different relationship between alcohol and music through his involvement with the Ground Control drunk-driving prevention campaign.The campaign was started last year by Ron Bellanti, founder and president of Beverly-based Illumina records, after a 15-year-old girl died in his arms as the result of a drunk driving crash.Ground Control spreads the drunk driving prevention message through a number of programs that leverage the power of music and art, including music-oriented presentations in schools, music festivals, fashion shows, a "Rock & Roll Circus," an art series with the anti-drunk driving message at its core and compilation CDs."What better way to create awareness or get somebody's attention than with music or the arts?" said Brooke Anido, vice president of operations at Illumina Records.

Ayoub, 33, will appear on both the Providence and Boston "Rockers for Life" compilation CDs, which fund Ground Control's programs and media campaigns while giving local artists greater exposure.The CDs are sold through Discarc.com and Newbury Comics as well as through the musicians featured on them; each musician is required to buy 50 copies of the CD with the option to sell them or give them away.Artists are promoted on the Illumina Records Web site, the "Rockers for Life" MySpace page, as well as posters and other promotional material.They are selected for inclusion on the CDs based on their desire to help as well as the quality of their music.
"This is not a talent competition," Anido said. "We're looking for talented people, of course, but at the same time we're looking for people with good hearts."Ayoub - a full-time musician in the Americana/pop/rock genre who cites his influences as U2, Bruce Springsteen and Bob Dylan - was contacted by Illumina Records through his MySpace page. Although he hasn't been personally affected by drunk driving, Ayoub said he was immediately interested in the cause."It's a two-fold thing," he said. "It gets my music out there, which is sort of of secondary importance to helping out the charity. Any sort of good cause, if I can be a part of it musically or any other way, I will."Ayoub has taken part in charity efforts to benefit several causes, including multiple sclerosis, homeless pets, and the Jimmy Fund. As a musician performing in locations where liquor typically flows freely, he said the issue of drunk driving is particularly relevant.
"It's difficult because sometimes if I'm onstage or talking to people in the crowd, I sort of get a sense for how drunk they are," he said. "And sometimes I do sit and wonder to myself, is this person going to be driving home? Obviously I can't be a policeman to everybody, but it is something you sort of ask yourself: Where is this person going from here, and how are they getting there?" Visit www.myspace.com/philayoub.

Ground Control drunk driving prevention campaign: www.preventdrunkdriving.net or www.myspace.com/rockersforlife

Here comes yet another tougher stance on drunk driving / dwi / dui.

Starting Sunday, a new law aimed at keeping reoffenders from climbing back behind the wheel takes effect.
Right now, it doesn't matter how many DUIs you have, they're all misdemeanors.
Starting Sunday, that'll change. On your fifth DUI it'll automatically be a felony.
It doesn't matter, one, two, ten, right now, even if you've killed someone while behind the wheel, drunk driving remains a misdemeanor.
So in response to constant reoffenders, the state is making drunk driving an automatic felony if you're convicted five times in a ten year period.
"I mean I understand everybody makes a mistake, but five times. Five convictions for a dui is way too many before they do something more serious," said one driver.
"I've seen some very damaging things, and a lot of broken families and homes as a result of it," said another.
The change comes after 25 years of political wrangling for tougher punishment for drunk drivers.
For the state patrol, they say it's way too often they pull over a person with multiple previous convictions. Usually those reoffenders have alcohol problems.
"About the only way you can take somebody that's got a drinking problem out from behind the wheel is to put them in jail or to make the punishment so severe that it will prevent them from driving in the future," said Sgt. Roger Wilbur with WSP.
The majority of offenders will never reoffend, but for those who do, a fifth conviction could carry as many as five years in jail.
"Those small group of DUI offenders, they do seem to be, they are better off in Superior Court, facing a prison sentence," said Benton County Prosecutor Andy Miller.
That time won't be in the county jail. Miller says it'll be in prison, with a felony on your record.
Washington is one of only a few states that doesn't have a felony DUI law.
It takes effect Sunday, just in time for the Fourth of July.

June 28, 2007
Breaking News Alerts

PHOENIX, Az

A 65-year-old St. Louis man is missing after Amtrak personnel, mistaking his diabetic shock for drunk and disorderly behavior, kicked him off a train in the middle of a national forest, according to police in Williams, Ariz.

Police said Roosevelt Sims was headed to Los Angeles but was asked to leave the train shortly before 10 p.m. Sunday at a railroad crossing five miles outside Williams.

"He was let off in the middle of a national forest, which is about 800,000 acres of beautiful pine trees," Lt. Mike Graham said.
Police said there is no train station or running water at the crossing, which is about two miles from the nearest road, at an elevation of about 8,000 feet.
Amtrak personnel told police dispatchers that Sims was drunk and unruly.
The Sims family said Sims is diabetic and was going into shock.
Sims' brother, Brian Mason, said his family tried to call Sims on his cell phone that night, but Sims was incoherent.

Williams police told CBS 5 that Amtrak has used the abandoned crossing as a drop-off site in the past. Graham said that whether drunk or not, no one should be dropped off there.

The Sacramento man accused of killing four people in a DUI crash is facing up to 17 years in prison.

Vellanoweth is accused of driving drunk on South Land Park Drive in Sacramento on March 26, when his Jeep Cherokee slammed head-on into another car. Three women and a toddler in the other car were killed.

A fifth person was injured.Among the victims were Rice's daughters, 21-year-old Brizchelle Rice and 17-year-old Brittanya Nash. Rice's grandson, 19-month old Kamall Osby, was also killed. The fourth victim was a family friend, Shanice Carter, 18."The accident reconstruction investigation is still ongoing, and we don't have those complete reports yet," said prosecutor Albert Locher. "There's no point in moving forward until we have those completed reports."After the hearing, Locher explained the situation to Rice and other family members in the hallway.

He said the police reports should be complete within a few days and expects the case will move forward at the next appearance August 2."I know you're frustrated. I am too," Locher told them.Vellanoweth, a 63-year-old political activist, was freed on bond just a couple of days after the crash.

He hasn't entered a plea to the charges of four counts of vehicular manslaughter with gross negligence and two counts of felony California drunk driving /DUI .

A police officer was arrested Wednesday night after state police say they suspected him of DUI - under the influence of alcohol.

Police officer Jamie Stamper was off duty when he was allegedly spotted at a gas station. A Kentucky state trooper noticed some strange behavior when he questioned the officer. Stamper was then taken into custody and charged with driving under the influence / DUI / drunk driving.

Chris Healy was re-elected Tuesday night as Republican state chairman, two weeks after informing the GOP's state central committee he was an alcoholic and had been convicted of drunken driving / DUI / DWI for the second time in five years.

Healy, 49, who has followed a program of counseling and support for years, was elected without opposition to a two-year term by committee members willing to view Healy's recent conviction as a lapse by a colleague struggling with a disease.

New DUI law ready to take affect

Big Island Police are warning the public that the state's DUI law has been amended to target highly intoxicated drivers / drunk drivers. The law, which takes affect on July 1, 2007, has stricter sanctions for those drivers who are arrested with a blood alcohol content of .150 or higher, which is nearly twice the legal limit of .08.
Under the new law, repeat offenders or highly intoxicated drivers who are arrested will have to surrender their motor vehicle registration, driver's license and license plates to the arresting officer. The officer will then issue a temporary registration and plates until a review is conducted. The driver will not be eligible for a conditional driving permit.
There is a mandatory six-month revocation of the driver's license and driving privileges. The maximum revocation is one year. The driver may also face 72 hours of community service, not less than 48 hours in jail, and a fine of $150 to $1,000 if convicted.
"Similar high blood alcohol content laws have been enacted in many other states due to the rise of highly intoxicated drivers throughout the nation," said Sergeant Dexter Veriato of the Police Department's Traffic Services Section.
Hawaii has one of highest alcohol-related fatality rates in the nation and the Big Island has the highest in the state. "While the average for the state is about 45 percent, the Big Island's alcohol fatality rate has averaged about 60 percent over the last two years," Veriato said. "Impaired driving is a big problem in our community. We need everyone's help in saving lives."

Police will increase DUI roadblocks island-wide during the 4th of July holiday period and will also maintain roving patrols that will be out looking for impaired / drunk / DUI / DWI drivers.

California DUI Man Faces Drunk Driving Charges After Hitting Parked Car

PALM SPRINGS, Calif.

A Valley Village man who fled a collision in Palm Springs, then ran into a stopped car, was facing a California DUI / drunk driving charge Wednesday and possibly others, police said.James Justin Mitchell, 45, of Valley Village, was allegedly driving a BMW that collided with another vehicle near Sunrise Way and East Palm Canyon Drive about 6 Tuesday night, police Sgt. Mitch Spike said.About five minutes later, Mitchell's BMW hit a stopped Nissan Altima at Morongo Road and South Palm Canyon Drive, Spike said. No one seriously injured, he said. Mitchell was booked for driving under the influence / DUI / drunk driving.

The state fire marshal has lost the use of his state vehicle and will soon lose his ability to get behind the wheel as part of the fallout from a May drunken-driving / DUI / DWI arrest.But it is not clear whether David B. Foreman’s job is in danger after his May 15 run-in with Springfield police.A spokeswoman for Gov. Rod Blagojevich, who appointed Foreman to the $102,000-per-year post in February 2006, said the governor is awaiting the outcome of Foreman’s court case before taking any disciplinary action.“Before we take any administrative action, we’ll wait until the legal process has played itself out,” said spokeswoman Rebecca Rausch.That’s a different approach than the state used in 2005, when a supervisor in the state fire marshal’s office fought to keep his job after allegations surfaced that he was drinking on the job.In that case, Michael P. O’Donnell was in a state vehicle in Chicago’s suburbs when he crashed. A police officer said he smelled alcohol after the wreck.But, despite not being charged with drunken driving, O’Donnell was removed from his nearly $70,000-per-year state job. The state’s decision was unanimously supported by the Illinois Civil Service Commission in an August 2005 ruling.Foreman’s drunken-driving trial is set to begin July 23 in Sangamon County Circuit Court.Police reports indicate he refused to take a breath test after being pulled over on Springfield’s west side about 4 a.m.He was taken to jail and was bailed out within an hour by a colleague.Patti Thompson, spokeswoman for the fire marshal’s office, said Foreman has been using his own vehicle for state business since the arrest. Once he loses his ability to drive this Sunday as part of a state-mandated six-month license suspension, Foreman will take taxis and hitch rides with co-workers in order to conduct his business while in Springfield, she said.“He lives up in the Joliet area so he’ll be taking a train coming down here,” Thompson said Wednesday. “He can use cabs if he needs to get around. He’ll do like anybody else would when they don’t have a way of getting around.”Unlike other top state agency officials, Thompson said Foreman will not have a driver assigned to him during this time of the DUI.

A Rehoboth Beach, Delaware man faces indecent exposure and DUI charges after allegedly fondling himself in front of a woman in a grocery store parking lot.
Delaware State Police say that on Monday, June 25, at approximately 10 a.m. troopers responded to the Super G parking lot on and County Road 270 after receiving information that a man allegedly exposed himself to a 38-year-old Frederick, Md. woman.
According to police, the woman called 911 after she observed a man fondling himself in a blue Nissan Altima parked next to her car. Police say that as the woman entered her car she looked out of her driver's side window and the man continued to expose his genitalia to her. The woman backed out of her parking space and obtained the Altima's registration number and later provided that information along with the man's description to the police. Troopers responded to the parking lot and located the Altima and a man matching the description provided by the woman.
Upon arrival at the scene, troopers located 30-year-old Lancer Q. Perry, a.k.a. Lance Perry, of Rehoboth Beach, in the driver's seat of the Altima. During the investigation troopers questioned Perry. Police say that during the questioning, troopers smelled an odor of alcoholic beverage coming from Perry's breath. Police say they arrested Perry after failed a field sobriety test at the scene.
Perry was later arrested for one count of second-degree indecent exposure and driving under the influence / DUI / DWI / Drunk Driving.

Bill aligns boat, snowmobile, ORV, road drunk driving laws

June 27, 2007 -

Legislation recently introduced in the state House of Representatives to revise current off-road vehicle (ORV), snowmobile, and boat operation standards has earned wide support from lawmakers and made its way to the Senate.With a vote of 103-5, House Bill (HB) 4789 left the lower chamber for Senate approval, which could make changes effective Jan. 1, 2008.The measure, as it stands by amendment, makes two noteworthy revisions to the current ORV operational codes by aligning those provisions with current automobile operation standards. It prohibits the use of an ORV with a blood alcohol level of .08 grams, lowered from 1.0. It also aligns drunken ORV operation that results in death with the automobile criminal code dealing with homicide, manslaughter and murder.The move essentially makes drinking and ORV operating standards the same as those involving road vehicles.In the House, the bill went through the judiciary committee, on which lakes area state Rep. David Law (R-Commerce, West Bloomfield, Wolverine Lake) serves."I believe this is tying up loose ends," he said. "There were some questions as to snowmobiles, off road vehicles, and things like that. This makes it clear."When the drunk driving standards for road vehicles were recently changed in the state, provisions dealing with ORV operation were left ambiguous. Typically, operation standards are applied across the board, but according to Law, the holes left some gaps that may have allowed offenders to slip away without proper punishment."There was argument on whether the law change from before really dealt with snowmobiles and other ORVs," he said. "So, these provisions make it equal to the automobile change. There should be no questioning now whether it applies to ORVs or not."As a former assistant prosecutor for Oakland County, Law said he hopes this makes it easier for others to make their case against future offenders."I don't think it's right to have different penalties if you kill someone with a car vs. killing them with an ORV," he said. "There were times prosecutors couldn't charge as high a crime as they could have because the law was ambiguous."HB 4789 was received in the Senate and referred to the Judiciary Committee on Thursday, June 14 and awaits a hearing.This bill is tied to several others that specifically address certain types of ORVs. HB 4794 deals with watercraft, HB 4795 with snowmobiles, and HB 4813 provides sentencing guidelines. Those bills also await a hearing before the Senate Judiciary Committee, after also clearing the House floor."Common sense would dictate that if you're driving a motor vehicle of any sort, be it a snowmobile, a car, or motorcycle, or boat, that drinking and driving don't mix," said Sen. Nancy Cassis (R-Commerce, Milford, Highland, White Lake, West Bloomfield, Orchard Lake, Wixom, Walled Lake and Wolverine Lake) . "I'm certainly interested in looking at this legislation. We don't need more people injured or killed in accidents related to (DUI / DWI / Drunk Driving ) alcohol."

Virginia's Exorbitant New Abuser Fees: Happy Motoring!

Starting on Sunday, if a jerk from Maryland or the District drives recklessly in Virginia, he'll be liable for a $100 fine. But if the jerky driver is a Virginian, he'll get slapped with an extra $1,050 fine on top of the $100. Similarly, if an out of state drunk gets caught on a Virginia road, he'll face a $250 fine if this is his first DUI. But a Virginian caught in the same act will have to pay the $250 plus a bonus fee of $2,250.

Needless to say, this innovation in soaking roadway miscreants is not going over especially well in the Old Dominion.
There's a great uproar about the supposed unfairness of hitting Virginians with giant fees that out of state drivers don't have to worry about. There's a wave of grumbling about how this new fee structure came to pass, with a special focus on the role of the lawyer/politicians who stand to gain big money from this novel way of raising tax dollars.
There's a big bonanza of fees awaiting those law firms around the state that are selected to go chase after the highway miscreants who don't pay their fines in a timely way. Let's take a look at some of the discomfiting effects of this new law. State attorney general Bob McDonnell, who wants to be your next governor, used to work at the firm of Huff, Poole & Mahoney in Virginia Beach, which has an exclusive contract with local prosecutors' offices to go out and collect those unpaid fines. The firm, according to the Virginian-Pilot, earned more than $2 million in collection fees last year. McDonnell, as his staff was quick to remind me this morning, does not give out those contracts and has no financial connection to his old firm. But still, it doesn't exactly breed confidence in the system when lawyers who go on to work for the people of Virginia appear to be in the position of creating law that could help their old friends.
Closer to home, it's northern Virginia Delegate David Albo who's getting slammed as the creator of this new fee structure. It turns out that the Fairfax delegate is, in his off hours from his legislative work, a lawyer at a firm that handles a lot of traffic matters. That, his critics say, puts Albo in a position to profit handsomely from the new fees.
Albo himself defends the abuser fees as a good way to raise state money for transportation improvements--goodness knows we wouldn't want to raise taxes in an open and fair manner--and as a fair tool to wield against the jerks who make driving more dangerous than it ought to be.
"My job as a delegate is to make people slow down and build some roads," Albo told the Post's Tom Jackman. "This bill does both.... It's basically a voluntary tax. If you don't commit a crime on the streets, or run up a huge amount of points, you don't pay anything. We believe its main effect will be to get people to stop driving like maniacs."
This is a bipartisan load: Gov. Tim Kaine said pretty much the same thing yesterday. "I don't have the ability to give driving instructions to 7 1/2 million Virginians, but hopefully the prospect of stiff fines will make people drive right," the guv told WTOP radio.
Ok--I agree with the new law's critics that there's something distasteful and even unfair about smacking the state's own residents with these fees while letting out of state drivers carry on as usual. And I think it's essentially dishonest to rely on sneaky fees like this to raise the money that should be raised with a straightforward tax increase, in this case, by hiking the gas tax.
But Albo is correct about one very important part of this initiative: Confiscatory fees do have a good social impact. In New Jersey, where similar fees have been on the books since 1983 (though they are imposed on all offenders, no matter whether they live in Jersey), drivers have become more careful--the number of points they've accrued has dropped since the fees were imposed. And in European countries, insanely high fines have helped to reduce drunk driving & DUI / DWI.

Man caught drunk driving twice in one day
June 27, 2007

A GERMAN man making a routine trip to the police station to reclaim his stolen car ended up being busted for drunk driving twice in the same day, police said today.
In order to claim the recovered car, the 45-year-old had driven to the station in another vehicle, police in the western city of Marburg said.
After officers noticed alcohol on his breath, a test showed he was over the legal limit and his driving licence and keys were confiscated.
"Officers could not quite believe it when they came across the same man driving his car four hours later," police said.
"He had been drinking in the meantime and a fresh test showed he was even more over the limit," they said.
They called the man's partner to come and pick him up and made sure she drove him home.

News From New York State Department of Motor Vehicles
News from New York State Department of Motor Vehicles
For more information contact: Barbara Kirker, 518-473-7000
Officials Announce Statewide Stop-DWI Effort
Law Enforcement to Crackdown on Motorists that Drink and Drive
ALBANY, NY (06/27/07; 1411)(readMedia)-- Commissioner David J. Swarts of the Department of Motor Vehicles and chair of the Governor’s Traffic Safety Committee (GTSC); James May, President of New York State STOP-DWI; Preston Felton, Acting Superintendent of the State Police; John Grebert, Executive Director of the Chiefs of Police Association; and other local law enforcement officials today announced STOP-DWI efforts that will take place statewide. The crackdown is aimed at making sure people are celebrating wisely and safely this holiday week.
STOP-DWI stands for “Special Traffic Options Program for Driving While Intoxicated”. A STOP-DWI enforcement effort to crackdown on drunk driving during the July 4th holiday period will take place from June 29 – July 8. Law enforcement agencies throughout the state will be out in force to reduce the incidence of drunk driving and to ensure our roadways are safe.
“STOP-DWI efforts have led to significant reductions in the number of alcohol related fatalities, but still too many lives are being lost because of crashes caused by drunk or impaired drivers,” Commissioner Swarts said. “I commend law enforcement for their efforts to ensure the safety of all motorists in New York State.”
James May, President of the STOP-DWI Association said, “The New York State STOP-DWI Association is pleased to join forces with the New York State Police, County Sheriff's and municipal police agencies from across New York for the 4th of July STOP-DWI Crackdown Campaign. Highly visible, highly publicized efforts like the 4th of July STOP-DWI Crackdown serve to remind everyone to driver sober. We hope this special effort by law enforcement helps make our roadways safe during the 4th of July holiday week.”
New York State Police Acting Superintendent Preston L. Felton said, “The New York State Police proudly join the Governor's Traffic Safety Committee and the STOP-DWI campaign in the continued effort to discourage, detect, and apprehend impaired drivers. Scores of senseless deaths occur on our highways because of drinking and driving, speeding, aggressive driving, and improper use of safety restraints. State Police enforcement, combined with safe and responsible driving behaviors by motorists, will give way to safer roadways for all New Yorkers this Independence Day holiday.”
John Grebert, Executive Director of the State Police Chiefs said, “The Association, its municipal partners and STOP-DWI coordinators are committed to this important enforcement initiative. This effort, which targets the impaired driver, will save lives and improve highway safety across the State.”
At the news conference, law enforcement agencies noted they will be stepping up their enforcement efforts throughout the year, especially during the upcoming week of the 4th of July holiday. Last year during the 4th of July reporting period of June 30 – July 4 there were six alcohol-related crashes that resulted in six deaths, which was down from the eight fatalities during the same period in 2005.
While these crackdown periods produce positive results, it is important to keep in mind that every 30 minutes, someone in this country dies in an alcohol-related crash. Last year alone, more than one million people nationwide were injured in automobile crashes in which alcohol was a factor.
The STOP-DWI Crackdowns will target the popular holidays of 2007. This week, through the 4th of July holiday, the target period is from June 29 – July 8. During the Labor Day holiday, September 1-3, will have increased enforcement and the holiday period from December 21 – January 1, 2008 will also be targeted.
The STOP-DWI program was enacted for the purpose of coordinating local efforts to reduce alcohol and other drug-related crashes in a comprehensive and financially self-sustaining highway safety program.
The STOP-DWI program permits each of the state’s counties to establish a STOP-DWI Program which qualifies for the return of all fines collected for alcohol and other drug-related traffic offenses occurring within its jurisdiction.
All 62 counties have opted to participate. Each county appoints a STOP-DWI Coordinator, whose duties include the coordination of efforts by agencies involved in alcohol and highway safety.
Although the development and implementation of STOP-DWI programs rests with the counties, the Commissioner of Motor Vehicles is charged with the task of approving county STOP-DWI plans.

June 26, 2007

A Niceville woman was charged with DUI driving under the influence after she fell off of her bicycle while an Okaloosa County Sheriff ’s deputy was driving down the street. The woman was on Pine Street when she fell down, left her bicycle in the roadway and walked away from the deputy, who asked her to remove it, according to a Sheriff ’s Office report. Instead of complying, she “staggered away towards the house,” and the deputy followed her, the report stated The report said the deputy could smell alcohol and that the woman had difficulty with the DUI field sobriety test. She was so unsteady on her feet that he noted in the report that he thought it was “unsafe” for her to continue try to pass the test. She told him she had only one drink in the morning. It was about 11 a.m. June 17 when the deputy encountered her. On the breath test, she had a 0.22 and 0.22 BAC.

DUI Incident- Police Sergeant And DUI Suspect In Hospital


A San Diego police sergeant who was hit by a suspected San Diego DUI driver & an alleged San Diego Drunk Driver have been hospitalized.

The sergeant pulled over a vehicle at the corner of University and Granada avenues in North Park . San Diego Police Lt. Lori Luhnow said, While the officers were outside of their vehicle assessing the sobriety of the driver, another alleged San Diego drunk driver hit the rear of the police car with its lights on.

Reports from the police have it that the driver was approaching the eastern part of the University before colliding with the vehicle of the Police officer. The driver who caused the accident was apprehended at the spot.

Injuries were sustained by the officer, the driver and a passenger that was in the car that was collided and as a result, they were taken to the hospital for medical attention.

An alleged San Diego drunken driver that caused the San Diego DUI accident would be arrested for San Diego DUI when released from the hospital.

Illinois DUI / Drunk Driving / DWI police have begun participating in a two-week state program targeting drunken drivers.

The Carol Stream police department will conduct saturation patrols and covert enforcement efforts through July 8 as part of the state's "You Drink, You Drive, You Lose" mobilization.

Funding for the village's increased enforcement effort is being provided by the Illinois Department of Transportation Division of Traffic Safety.

DUI / DWI / Drunk Driving Attorney news:

DUI Breath alcohol machine source code discovery may be done in florida and most probably elsewhere in other states. There may be no silver lining.

http://arstechnica. com/news. ars/post/ 20070625- florida-appeals- court-says- trade-secret- protection- takes-priority- over-election- transparency. html

Protecting trade secrets takes priority over election transparency
June 25, 2007

A Florida appeals court has upheld a lower court decision that denies requests for an independent source code audit of voting machines used by Florida's 13th district, which suffered election irregularities in a highly controversial congressional race.

The appeals court has chosen to support a lower court decision which asserts that forcing voting machine maker Election Systems and Software (ES&S) to provide source code access to independent security auditors would amount to "gutting the protections afforded those who own trade secrets."

It all started when candidate Christine Jennings lost to Rep. Vern Buchanan by only 368 votes in a House race last year, the slimmest margin of any congressional race in the country. Irregularities in the election, particularly high undervote rates, caused Jennings to express doubts about the validity of the outcome. During the election, approximately 15 percent (or 18,000) of the total ballots cast in the district did not include a vote in the disputed race. By comparison, the absentee ballots in the same district and regular paper ballots used in neighboring districts only exhibit a 2 percent undervote rate for congressional races. The high undervote rates have been attributed to the ES&S iVotronic machines used in the 13th district.

Although efforts to get the state to force ES&S to submit to additional independent code audits have failed, a bipartisan congressional task force working closely with the Government Accountability Office is actively scrutinizing the circumstances surrounding election irregularities in Florida's 13th district, and may decide to subpoena ES&S. The congressional task force plans to issue a progress report late next month, but the entire investigation is expected to last until September.

Could the iVotronic systems be responsible for the voting irregularities? A growing body of evidence indicates that electronic voting machines, particularly those that use touch-screens, lead to higher undervote rates. Touch-screen voting machines made by major vendors also frequently exhibit serious technical flaws and poor reliability. In response to widespread voting machine problems, Florida governor Charlie Crist is encouraging the state legislature to pass a law that would prevent districts from buying most kinds of touch-screen voting machines.

A bill that was approved by the House Committee on Administration last month includes source code disclosure requirements which stipulate that voting machine makers would be required to disclose their code to independent third-party auditors who may be required to sign nondisclosure agreements. As Tim Lee pointed out in his article on the subject last month, independent code audit requirements are important for election transparency, but nondisclosure agreements would prevent broad public analysis of source code and could potentially be used to intimidate security analysts. Considering the high level of vulnerability exhibited by mainstream electronic voting technology, Congress needs to do all that it can to help the states protect themselves from faulty products.

RADIO personality Steve Price has appeared in a Sydney court where he will contest a charge of mid-range drink-driving.

Price, who hosts the drive-time program on Sydney radio station 2UE, was charged after a night out on April 14. Police caught him riding a Vespa scooter at Neutral Bay, on Sydney's lower north shore, carrying his wife Wendy as a passenger.

As the 52-year-old faced North Sydney Local Court today, Magistrate Andrew George heard that the level of alcohol allegedly found in Price's system would be a matter of debate.

The court was told Price had been prepared to plead guilty to low-range drink-driving, but prosecutors had refused to accept his plea.

Price's lawyer indicated that his client was pleading not guilty to the mid-range drink driving charge.

A man who survived a double-fatal DUI /drunk driving wreck on Indian Valley Road in Novato two years ago was arrested Saturday on suspicion of California DUI, after his speeding 1998 Oldsmobile Cutlass tore through 25 feet of wood fencing on the same road.

Juan Carlos Ascencio, 21, fled in his damaged vehicle before abandoning it and running south on Indian Valley Road, where he was picked up by Marin County sheriff's deputies about 4:20 a.m. Saturday, according to the California Highway Patrol.

A CHP officer determined Ascencio was DUI / under the influence of alcohol and arrested him on suspicion of California drunk driving and hit-and-run property damage.

The accident occurred at the intersection with Indian Springs Road, about 1.5 miles west of the November 2005 crash site where Novato residents Scott Van Hootegem, 18, and Alex Hunt, 19, were killed. Ascencio was one of two passengers who survived.

"When I found out about it this morning, the previous accident was the first thing that came to my mind," CHP spokeswoman Mary Ziegenbein said. "Obviously, this is a lesson that's really slow to sink in. Drinking and driving just don't mix. It impairs your faculties. You don't realize how fast you're going, your vision and judgment are both impaired."

Ascencio, who was not injured in Saturday's crash, has not yet been charged by the Marin County District Attorney's Office. Toxicology tests generally take two to four weeks.

"One fortunate thing is that no one was hurt and only property was damaged," Ziegenbein said. "It could have been far, far worse."

According to the CHP, Ascencio was driving at a high rate of speed and failed to negotiate a 90-degree turn at Indian Springs Road - near Slowdown Court. The car veered wide around the turn, skidded and ran onto the shoulder of the roadway before striking two ornamental structures and destroying a section of fencing at 1897 Indian Valley Road, the CHP reported.

Ascencio was in the back seat of Van Hootegem's Ford F-250 pickup truck that crashed into an oak tree on a winding turn on Indian Valley Road near Arthur Street in the early-morning hours of Nov. 12, 2005. The crash occurred after a birthday party at which alcohol was served.

In the aftermath of that crash, the county Board of Supervisors adopted a social host ordinance in which fines can be levied against parents and other adults who host parties where alcohol is served to underage youth.

Increased DUI patrols

The Anaheim, Brea, Buena Park, California Highway Patrol, Cal State Fullerton, Cypress, Fullerton, La Habra, La Palma and Placentia law enforcement agencies will be conducting increased California DUI / drunk driving patrols from Friday through July 6.

The agencies are part of a two-year grant program funded by the Office of Traffic Safety, which conducts a California DUI / drunk driving enforcement activity each month.

California DUI enforcement activities include California DUI patrols and checkpoints, and California DUI warrant and parolee compliance checks. The goal of the grant is to reduce the incidence of fatalities, injuries and property damage due to California DUI /drunk driving on highways.

California DUI and Driver's license checkpoint to be held Tuesday


Bakersfield Police will be conducting a DUI and Driver's License checkpoint Tuesday morning in Bakersfield.

The checkpoint will be held from 7 am until 1 pm Tuesday at an undisclosed location.

The purpose of the checkpoint is to educate the public about laws dealing with DUI / driving under the influence of intoxicants and the importance of being a legally licensed driver.

Unsigned: DUI law puts government into perspective

June 25, 2007

Read an article in the paper that restores your faith in the U.S. political system. Read something that does the opposite.

A bill signed into law recently by Gov. Janet Napolitano will require any DUI / drunk driving offender - extreme or not, to have an ignition interlock device placed on their vehicle. The device acts as a breathalyzer before the driver can start the engine. The law will also go into play for first-time DUI / drunk driving offenders.

Now, whether you agree with this law or not, that's not really the issue at hand. The issue at hand is that shortly after Napolitano signed the bill, there was talk of changes being made.

With one last DUI bill that could pass through the legislature before the session ended, Rep. John Kavanagh R-Fountain Hills attached an amendment that would repeal the law from effecting first-time offenders unless they caused an accident.

In the end, the bill failed and the DUI law will stay as it is. But the question arises of why would something Kavanagh originally voted for be contested so shortly after becoming law? Is there a good reason? Probably not.

Escondido DUI patrol nets 3 DUI arrests

June 25, 2007

ESCONDIDO ---- 3 people were arrested for DUI during a weekend patrol targeting San Diego County DUI or drunk drivers, Escondido police said.

The patrol was conducted between 7 p.m. Saturday and 1 a.m. Sunday.

Police arrested three drivers on suspicion of driving under the influence / DUI / drunk driving.

Motorcyclist hits deer, faces DWI charges


Victoria Freile
Staff writer



(June 25, 2007) — A man, accused of driving drunk, was seriously injured in a motorcycle accident early today, according to Ontario County Sheriff’s deputies.

Joshuwia R. Szkapi, 22, was driving a motorcycle on County Road 32 in Canandaigua and struck a deer about 12:45 a.m., according to Ontario County Sheriff’s deputies. He was allegedly speeding at the time of the crash and sustained internal injuries and burns, deputies said.

The status of the deer was not available.

Szkapi was charged with driving while intoxicated / DWI / drunk driving and ticketed for unsafe speed.

A study warned against the use of a cell phone while behind the wheel.

In the study, David Strayer and Frank Drews, professors of psychology, showed that cell phone users were five times more likely to get in an accident -- the same risk as a drunk driver with an alcohol level of 0.08 or DUI.

Now their alarming findings are being used to fuel a political debate. In the most recent state legislative session, Kory Holdaway, R-Taylorsville, Utah, used the study to argue for a bill banning drivers from chatting on the phone. The measure failed.

Holdaway, who's been trying for years to pass legislation prohibiting cell phone use in the car, said the study provided vital information that he hopes will convince state legislators to pass the bill next session.

However, some think legislation against driving and talking is an infringement on personal liberties.

Penalties would "have to be stiff" to get anybody to listen.

Although some may view the legislation as an infringement on personal rights, there's no argument when public safety is concerned.

Some people think it doesn't affect them, but everybody is impaired when they talk on their phone and drive at the same time.

Drews said that people are already making changes in their driving habits because they are becoming more aware of the danger associated with talking on a cell phone behind the wheel. He hopes to see lobbying groups in the future similar to Mothers Against Drunk Driving.

The Houston Police Department hopes a new vehicle will help fight the trend of more drunk driving and DUI's / DWI's.

Breath alcohol testing vans will have the equipment. The breath anlyzer equipment will be in the van along with a computer and fax and possibly a small holding cell, reports the Chief.

In a news conference June 25, 2007, the Chief believes these self-contained DWI / DUI / drunk driving processing vans will allow arresting officers to transport suspects faster to jail for DUI / DWI / drunk driving.

June 25, 2007

Nearly 18,000 people were killed in alcohol-related crashes in the last year -- an average of one every half hour. Upcoming holidays like the 4th of July and Labor Day are some of the most dangerous days on the road, in part, because of people who had one too many drinks at parties hosted by family or friends.

Many people lose their lives every year because of drunk driving, an easily preventable act. While many people spend days and even weeks planning the perfect party, they don't give a second thought to how their guests will arrive safely home and what action they will take if someone drinks too much and wants to drive.

While it may seem awkward asking a guest not to drive while intoxicated, it could save lives, and at the same time, spare you possible legal responsibility for your guest's actions should he or she get in an auto accident.

To help reduce the risk your guests will be involved in DUI's or alcohol-related accidents, it is recommends that hosts take the following important steps:

Planning the Party:
-- Let your guests know ahead of time how you feel about drinking and driving, and their need to be responsible about their alcohol consumption.

-- As guests RSVP, confirm each groups' non-drinking designated driver.

-- Plan activities to engage your guests, to take the focus away from drinking.

-- Provide plenty of high-protein foods, like cheese and meats, to help slow the absorption of alcohol and keep guests from drinking on an empty stomach. Keep in mind, however, that food does not affect the pace alcohol leaves someone's system.

-- Avoid salty snacks, like potato chips, that can cause thirsty guests to drink more.

-- Plan to offer unique, non-alcoholic beverages, or "mocktails," with clever names for designated drivers and others who prefer not to drink alcohol.

-- If preparing an alcoholic punch, use a fruit juice instead of a carbonated base, which can speed the absorption of alcohol into the blood stream.

-- Have the number of a taxi service on hand for anyone who may need a ride, or plan to drive any intoxicated partygoers home.

Party Time:
-- Have fun. Remember you are responsible for the safety of your guests, and in some cases, their actions when they leave your party. Good hosts stay in control and don't drink too much in order to make sure guests do the same.

-- Never serve alcohol to someone under the legal drinking age and keep alcohol in a central, visible place, where teen drivers can't "sneak" a drink.

-- Never ask children to serve alcohol at parties.

-- Don't let guests mix their own drinks. Use a reliable "bartender" who can track the size and number of drinks each guest consumes.

-- If a guest is drinking too much, stop serving them and offer them a
non-alcoholic beverage.

-- Close the bar 90 minutes before the end of the party; use the rest of the party to serve coffee and dessert.

-- If guests drink too much, don't let them drive: Drive them home yourself, (leaving another sober guest to fill-in as host while you are gone). Arrange for another guest or a taxi to take guests home, or invite them to stay over.

June 25: In yet another case of DUI / DRUNK DRIVING / “driving under the influence”, a man lost control of his Maruti and ran over three jhuggi dwellers sleeping on the pavement on Bhairon Road. All three sustained injuries. One of them is still in hospital, the other two were discharged after first aid.

The driver, Inderjeet Singh, who runs a dhaba in Indirapuram, tried to flee but has been arrested. Singh was inebriated while returning home from his dhabha along with his four workers around 1.30 am on Sunday. He was reportedly driving at a breakneck speed and the car, eyewitness told police, was careening wildly.

At Bhairon Road, he lost control of the vehicle, which went climbed the pavement, running over three persons.

The victims, Shabnam (20), Irfan (23) and Monu (18) are residents of a nearby jhuggi cluster. Singh tried to flee, but the victims’ relatives raised an alarm. A PCR van parked in the vicinity was informed, which gave chase to the Maruti and arrested Singh for DUI / drunk driving / driving under the influence.

June 25, 2007

WALDRON, Arkansas

A Huntington man faces charges of driving on a suspended license and DUI/ DWI / drunk driving after he reportedly ran over and killed a 3-year-old girl, police said.

Richard Egan was leaving a home in Waldron on Saturday when he allegedly backed over the child, who was bent down playing in the dirt of the driveway or who was playing in the area. After he struck the girl, Egan allegedly left his car and began performing CPR on the child, witnesses told police.

The girl, Dawn Skylar Newell, died Sunday at Arkansas Children's hospital in Little Rock, authorities said.

The Waldron Police Department said Egan registered 0.14 on a blood-alcohol test.

Egan was charged with DWI / driving while intoxicated, driving on a suspended license and careless prohibitive driving, and may face a negligent homicide charge as well.

A San Diego police officer was injured early yesterday morning during a DUI / drunk driving stop.

The officer had pulled over a suspected drunken driver and was standing outside her patrol car administering a field sobriety check, police said. A second driver then crashed into the officer's car, which hit the officer and injured her.

The incident occurred about 2:30 a.m. at University Avenue and Utah Street. Both drivers were arrested on suspicion of drunken driving. The officer was not hospitalized, police said.

While the officers were outside of their vehicle assessing the sobriety of the driver, another alleged drunk driver hit the rear of the police car with its lights on, San Diego Police Lt. Lori Luhnow indicated.

Police said the driver was heading east on University before slamming into the officer's vehicle, which then hit the car already pulled over on the side of the road.

The driver who caused the accident was arrested at the scene, police said.

The officer and the driver that was pulled over, and a passenger that was in the car that collided with the others, were taken to a hospital with minor injuries, officials said.

Police said the suspected drunken driver originally pulled over will be arrested once released from the hospital.

Prosecutor Debunks .08 DUI Myth


High-profile alleged drunk driving accidents has put an increased focus on blood-alcohol content levels.

In May, a DuPage County Illinois prosecutor was killed in an accident where her BAC was later determined to be .25 percent. The driver in an Oswego crash in February that killed five teenagers is accused of having a BAC of around .084. A trial began last week for the alleged driver in a 2006 triple-fatal crash, where at least one report put his BAC at .18.

But if you think it takes an extreme blood-alcohol level to get a DUI conviction, think again.

While it's true that .08 is the legal limit for intoxication, drivers can be convicted of drunken driving with BAC as low as .05.

That means some women could be at risk for a drunk-driving conviction after just one drink; all men would be in jeopardy after three drinks consumed in an hour.

People say a case should be dismissed because the person blew under a .08. Not necessarily is what the State's Attorney says.

At .08 percent blood alcohol, prosecutors do not have to prove you were intoxicated at the time of the traffic stop -- it is presumed you were drunk.

But you can be charged and convicted of drunk driving if your blood alcohol is between .05 and .079 if prosecutors can prove that your driving was impaired at the time of your stop or accident. (Below .05, drivers are legally presumed to not be intoxicated.)

If such a borderline case went to trial, prosecutors would present evidence of the driver's actions or statements to show he or she was obviously too impaired to drive, even if their BAC was below .08. It's obviously a more difficult proposition to prove, but local prosecutors say they have gotten convictions.

Calculating blood-alcohol levels -- the percentage of alcohol in the blood stream -- is based on the amount of drinks a person consumes over how long a period of time measured against that person's weight.

According to the Illinois secretary of state's office, research has shown that critical driving skills are impaired for anyone with a .08 BAC. Skills such as changing lanes, braking and acceleration are affected at that level, according to the Illinois Secretary of State's office.

Barona tribe is trying to change the state's trespassing law to give tribal governments the power to order people off Indian lands and have sheriff's deputies write $250 or $500 tickets.

The change is needed because it has little recourse for keeping non-Indian drug dealers and other criminals including San Diego drunk driving or DUI from coming onto its reservation or casino.

Current state trespassing laws apply when people go onto property that is cultivated, fenced or posted with at least three signs every mile.

The Barona tribe is working to change the law as it applies to Indian lands, which it says are often too large to fence, cultivate or post with signs. The bill would allow tribes to banish nontribal members in writing. Once warned, people would be subject to fines.

A state Assembly committee will hold a hearing on the issue Tuesday.

Tribal officials can tell troublemakers on the reservation's residential areas or casino to stay away, but that's about it. They know they won't be punished. What's the worst that's going to happen? The sheriff is going to put them in the car and take them down the hill. If the tribe-backed bill becomes law, trespassers would face a $250 fine if they return after being warned and $500 if they return again.

Local police agencies, which have jurisdiction on reservations for criminal matters, would be responsible for enforcing the law, and the cases would wind up in San Diego County Superior Court.

Critics say the law could be used to punish people who have angered tribal leaders; it also could be used against non-Indians who have legitimate reasons to be on the reservation.

The California Senate has approved Senate Bill 331, sponsored by Sen. Gloria Romero, D-Los Angeles.

San Diego County Sheriff Bill Kolender and District Attorney Bonnie Dumanis support the bill.

It is scheduled to be heard by the Assembly's Public Safety Committee tomorrow.
A spokesman for Romero said he couldn't comment on the legislation because legislators “are still meeting, negotiating until the very last minute.”

Another bill, written by Dumanis' office, would allow businesses across the state – from Indian casinos to discount stores to taco stands – to exclude for six months trespassers who have interfered with the business.

If they return, they could be arrested on misdemeanor trespassing charges. They're going to get drunk, grab women inappropriately. They're going to steal. They're going to try to cheat.

That measure, Senate Bill 804, sponsored by Sen. Dennis Hollingsworth, R-Murrieta, has stalled because of jail and prison overcrowding.

Several tribes with successful casinos have posted guards at gates to limit access to residential areas of their reservations.

Opposition to Barona's measure is coming from people such as Joe Liska, 46, of El Cajon.

A few years ago, Liska protested the Pechanga tribe, complaining that it wrongly refused to recognize his Indian roots. He later was banished from the reservation near Temecula, where his birth father – he was adopted – is buried.

Pechanga, like several other tribes, including some in San Diego County, has had membership disputes.

There are fears that the proposed law can be used to hurt Indians, particularly those who have been allotted land on reservations other than their own.

The complex and intertwined history of California Indian tribes makes that possible.

Another potential problem is for non-Indians who own property surrounded by reservations or whose property is only accessible by going onto Indian land.

At Barona, neighbors were cut off from their properties after the Cedar fire. The only way onto their land was by driving onto the reservation. After surveying its boundaries when the fire cleared, the tribe strung fencing across their driveways. That might keep out San Diego DUI drivers on those driveways.

Michelle Rodriquez
Jun 24, 2007

Actress Michelle Rodriquez, known to be one of Hollywood's wild set, who is no stranger to the law, claims she's normal...while others in Hollywood are locked up in rehab. To that, we use the old adage...'people in glass houses shouldn't throw stones'.

Here's some history on Rodriquez courtesy of Celebrity Wonder...

June 2006: Michelle claimed not to have a problem with alcohol despite a conviction for drunk driving, saying "My father threw up his liver. If I were going to be an alcoholic, I'd know by now".

May 2006: Michelle, who was sentenced to two-months in a Los Angeles County jail, was released after only serving a few hours, because of crowded conditions.

In addition, Michelle served five days in jail in Hawaii for drunk driving and had to serve 60 d