Tuesday, July 31, 2007
State Toxicology Lab leaves hundreds of DUI cases in question
Accusations against the manager of the state toxicology laboratory in Seattle could leave hundreds of drunken driving cases in question.
Ann Marie Gordon resigned on July 20th after the State Patrol began investigating an anonymous tip about work done in the lab. She is accused of signing sworn statements that she tested ethanol-water solutions to make sure breath-test machines were working properly without making the tests.
DUI Defense lawyers say that if such a high-ranking official was lying, questions may be raised about criminal cases in which she's testified - as well as affect whether breath-test readings can be used against drunken driving suspects in court.
As of yesterday, though, state toxicologist Barry Logan said there had been no evidence that any of lab results were compromised." Officials explain that other analysts did test the solution, so the results are still valid. Meanwhile, the State Patrol investigation is continuing.
Contact top DWI attorney Mark Deming solmarsv@aol.com for assistance.
Losing license a strong DUI consequence
It might be the bane of college students driving home after a night of drinking and dancing in downtown Gainesville. But the state's stringent laws that mandate immediate loss of a driver's license after an arrest for driving under the influence saves hundreds of lives a year, a new University of Florida study found.
States that suspend drivers' licenses immediately after a DUI arrest, called administrative license suspension, are better at deterring alcohol-related deaths than states that suspend licenses after conviction, the study shows. The 41 states that automatically suspend licenses reduce alcohol-related deaths by 5 percent and save about 800 lives year nationwide, said Alex Waagenar, a UF professor of epidemiology who co-authored the study.
The immediacy of the loss burdens drivers arrested for DUI, Waagenar said. He and co-author Mildred Maldonado-Molina spent three years researching states that changed their license suspension policy between 1976 and 2002. They compared the states' alcohol-related deaths before and after the immediate-suspension laws took effect as well as fatalities in the nine states that don't have such a law. Waagenar said other states should adopt immediate-suspension laws.
"It's a modest penalty for the seriousness of the offense," Waagenar said.
In Florida, drivers arrested for a first-time DUI offense have their licenses suspended immediately but, if they choose to fight the DUI charge in court, they can appeal and obtain a temporary license for 10 days. That 10-day license likely won't give them a reprieve until their court hearing, however; as state law mandates a court date only within 30 days of the appeal. If the DUI charge leads to a conviction in court, those convicted can have their licenses suspended for six months.
Florida's strict suspension laws have cut the amount of repeat offenders, said T.N. Prakash, chief of the state bureau of driver improvement.
"People almost can't survive in this country without driving," he said.
Prakash said only about 10 percent of people who had their licenses suspended for their first DUI conviction were convicted for a second DUI offense.
Of the states that implemented automatic-suspension laws, Florida had the second-highest number of alcohol-related deaths in 2005, when 1,471 people died in alcohol-related crashes.
The state's administrative license suspension policy deters repeat offenses locally, said Art Forgey, a crime prevention specialist with the Alachua County Sheriff's Office. Drivers learn to fear the loss of income and freedom that comes from losing their license.
Monday, July 30, 2007
Al Gore's Son enters drug diversion program to drop charges
LAGUNA NIGUEL, California
Al Gore's son pleaded guilty Monday to possessing marijuana and other drugs, but a judge said the plea could be withdrawn and the charges dropped if he successfully completes a drug diversion program.
Authorities have said they found drugs in Al Gore III's car after the 24-year-old was pulled over on July 4 for going 100 mph in his Toyota Prius.
He pleaded guilty to two felony counts of drug possession, two misdemeanor counts of drug possession without a prescription, and one misdemeanor count of marijuana possession, the district attorney's office said.
Jaime Coulter, senior deputy district attorney, said Gore's sentencing will be continued until Feb. 7. If he has complied with all the conditions of the diversion program, the sentencing will be continued again for another year, with charges possibly being dropped in 2009.
"At that point, he will be able to withdraw his guilty plea as if he never entered it," Coulter said.
Gore has been at a live-in treatment center since his arrest, said Allan Stokke, his attorney.
"He's actually doing more than what other people do as far as treatment goes," Stokke said. "He's got great family support."
Gore's parents did not attend the hearing at the request of their son, but they were in California to support him, Stokke said. A spokeswoman for the Gore family said they would release a statement later.
Deputies who pulled over Gore said they discovered less than an ounce of marijuana and a variety of medications, including Xanax, Valium, Vicodin and Adderall. Authorities said he did not have a prescription for any of those medications. Gore also was charged with a traffic infraction for speeding.
The son of the former vice president and Democratic presidential nominee was previously arrested for marijuana possession in Maryland in 2003, when he was a student at Harvard University. Gore completed substance abuse counseling to settle those charges.
Star Lane Garrison relives drunk driving death
Fighting back tears and with his voice trembling, Garrison has gone back in front of the cameras -- to record a powerful and graphic public service announcement was directed by Andrew Gallery for The Troy and Alana Pack Foundation.
Hoping to prevent people from making the same deadly mistake he did in the December 2006 crash, Garrison warns drivers, "Just don't drink and drive, it's not worth it, it's just not worth it." Eerily realistic recreated footage of Garrison's tragic night, which resulted in the death of 17-year-old Vahagn Setian, plays between clips of Lane's emotional plea. Amid the devastating wreckage, a frantic woman can be heard screaming "My boyfriend is dead!"
Garrison pleaded guilty to vehicular manslaughter, felony DUI with bodily injury and one misdemeanor count of providing alcohol to a minor. Sentencing is scheduled for August 2.
No bail for Drunk Driving in some countries?
Deputy Chief Minister R R Patil said that these measures would include making the offence non-bailable and increasing the fine to Rs 1 lakh and imprisonment to 5 years, action against errant Road Transport Office (RTO) employees and even tests for driving licence holders from outside the state.
Patil was replying to a question by Sachin Ahir (NCP) and others in the state assembly on Monday about the increasing number of accidents on Palm Beach road in Navi Mumbai. Patil admitted that the current set of laws lacked teeth to deal with the problem. The state has seen 11,300 road accident deaths in a year and this number could go up as the number of vehicles on the road increases, he said. Also, an eight-day drive in Mumbai had netted 1975 drunk drivers and the situation could be worse in other areas.
However, under the current laws, drunk driving is a bailable offence with a fine of Rs 2,000 and/or jail for five months and hence, the drivers are able to get off by paying a fine. Hence, the state government was planning an amendment, which would make this a non-bailable offence, and increase the fines and the quantum of imprisonment.
“We need to change the laws considering the changing mindsets,” Patil added.
Patil admitted that getting a driving licence was easy and agents could procure them for people who were even unable to drive. The state government would also act against officials from the Road Transport Office (RTO) who granted licences to such people.
The state also saw people coming here with driving licences procured from outside Maharashtra. The state government would examine whether these licence holders from outside the state could be subject to separate tests.
The state government would also take a stand in favour of permanent cancellation of licences of the offenders, he said.
Folded Motorcycle Used to Avoid DWI
Unique way to prevent a Drunk Driving:
The Barley Room Bar & Grill offers a service in which General Manager Phil Lovato will ride around on a motorcycle that might look at home in a three-ring circus.
As funny as that might sound, it isn't meant to be amusing.
"Our main goal is to make sure people stay safe," Lovato said one day last week as he folded a circus-clown-size motorcycle into a package the size of a large suitcase.
The Northeast Heights restaurant sees the tiny motorcycle as an innovative way to help its patrons get home with their own vehicles and, most important, without driving drunk.
Here's how it works: The motorcycle, once folded, is placed in the trunk of a bar patron's vehicle. A member of the restaurant staff drives customer and car home. Once there, the Barley Room worker unfolds the motorcycle and drives it back to the restaurant.
The customer ends up home safe without driving drunk and the vehicle parked in the driveway rather than at the bar.
The Barley Room, 5200 Eubank Blvd. N.E., charges $20 for the service, which has been available for about a month. That covers maintenance costs for the restaurant's single motorcycle, although owner Scott Bollinger said staff wouldn't turn away customers who can't afford the fee.
"A lot of people just don't want to leave their car (at the bar). That's the main thing we offer," Bollinger said.
"You can get home safe for a relatively small cost compared with the cost of a DWI, and your car is in the garage."
The Barley Brigade, as Bollinger calls it, was born out of the restaurant's quest to find a more efficient way to help patrons get home safely.
Bollinger said the Barley Room always offered rides home to customers in need. But that often meant using two staff members — one to drive the customer home, the other following behind.
"Resources-wise, we were losing two people who could be in the bar observing other customers, making sure people weren't overserved," Bollinger said.
Bollinger's wife and co-owner of the restaurant, Jamie, searched for solutions online and came across a similar program in Los Angeles called Home James. Other large cities offer similar programs, all using a tiny Italian foldable motorcycle made by DiBlasi Industriale that costs about $2,500.
Jim Valentine, chairman of Folding Motorbike Inc. in Atlanta, which imports the motorcycles from Italy, said about 30 companies have sprouted across the country that use the bikes for anti-DWI services.
One of them, Zingo Transportation Inc., is owned by Valentine, who has expanded the business by offering franchises in Florida.
Rachel O'Connor, New Mexico's DWI czar, lauded companies like the Barley Room for seeking solutions to the state's drunken-driving problem.
"I think it's great that bars and restaurants are looking at creative ways to partner with us in reducing DWI," O'Connor said, "as long as people understand that you still can't overserve."
Bollinger said the $20 charge isn't for driving the patron home but for the cost of riding the motorcycle back — a nuance he said helps the Barley Room avoid being subject to a chauffeur license or other regulatory issues facing taxi drivers.
The Barley Room checks first to see that the patron's vehicle is covered by an auto insurance policy, Bollinger said. The restaurant's staff are covered by an auto insurance policy while driving the motorcycle, he said.
The Barley Room's drivers are required to have a motorcycle license. They're also given a test to check their competency on the bike and are required to wear a helmet, gloves and protective eyewear while driving back, Bollinger said.
The rides are generally limited to about a five-mile radius. Barley Room drivers are instructed to return using less-traveled side roads, he said.
Bollinger said restaurant staff will suggest the service to customers who appear as though they might appreciate it.
But this week the staff has begun putting postcards on restroom display boxes, and the bike is parked outside the restaurant next to a large sign advertising the service. The company also is working with an Albuquerque liquor distributor to create small displays to place on tables, Bollinger said.
"The main idea is to get them to see it as they're walking in," Bollinger said.
Bollinger sees the Barley Brigade as a business model he hopes to expand citywide under a company he formed, Rough Riders LLC.
Sunday, July 29, 2007
Woman on Beach hit by San Diego DUI Driver
A woman sitting on the sand at Mission Beach was hit by an alleged San Diego drunk driver who had crashed her car into a parked vehicle and trash can on Ventura Place before she drove onto the beach near Belmont Park early Sunday.
The San Diego DUI driver was chased by witnesses to the Mission Beach jetty, where police arrested her shortly after 2:30 a.m. S
he faces charges of felony hit and run and San Diego driving under the influence / DUI .
The victim was taken to the hospital.
Saturday, July 28, 2007
DUI defense for Lindsay Lohan? "Acting Defense"
Criminal Defense lawyer & attorney legend Roy Black -- who has represented William Kennedy Smith and Rush Limbaugh -- says a method acting defense is "somewhat unique" and concedes that it "sounds somewhat logical, but it wouldn't work as a matter of law." Black adds that he thinks Lindsay will be in the lockup for at least as long as Paris Hilton -- and probably more.
Meanwhile, Garcelle Beauvais, one of the co-stars of Lindsay Lohan's latest -- and possibly DOA -- flick, "I Know Who Killed Me," told Yandek that life's definitely "imitating art and vice versa," and adds she's disappointed in Lindz after the DUI, asking her folks, Michael and Dina, to "step up for once."
Beauvais, actress and Playboy's August cover girl, admits that she didn't really lend any particular support to Lohan during shooting. "We just really wanted to get the job done," she said, adding that she thinks that for Lohan, life's imitating art and "vice versa." Still Beauvais says Lindsay's very nice and sweet.
Drunk Driving on Spacecraft? Astronauts deny LWI
Launching While Intoxicated?
A report in an aviation magazine that NASA astronauts have flown the space shuttle while intoxicated on at least two occasions was vehemently rejected by an attorney for the unnamed astronauts as “just another example of spacial profiling.”
“Astronauts are different than mainstream Americans,” said the unnamed attorney. “They look different, they dress different, they talk different…and because of the stereotypes, people discriminate against them.”
The alleged cases of LWI, Launching While Intoxicated, have brought intense media scrutiny to the already beleaguered space agency.
NASA insiders, none of whom would go on the record with their remarks, said they’re surprised that the incidents did not come to light sooner.
“The space shuttle was weaving in and out of the clouds, slowing down, speeding up,” said one source, “Everyone at mission control had his fingers crossed, and we’re just grateful that there’s not much to bump into at 70,000 feet. Those guys were at least three sheets to the wind.”
Friday, July 27, 2007
Nicole Richie to go to jail for California DUI
Richie, 25, pleaded to a California DUI charge of driving under the influence of drugs or alcohol.
Richie, 25, was sentenced to 96 hours, or four days, in jail. She will also be on probation, attend a multiple offender program, pay a substantial fine, etc.
The daughter of pop singer Lionel Richie was arrested early on Dec. 11 after witnesses reported seeing her black Mercedes-Benz sport utility vehicle headed the wrong way on a freeway in Burbank.
The California Highway Patrol said she was found parked in the car pool lane.
Richie told authorities she had smoked marijuana and taken the prescription painkiller Vicodin, a CHP officer said at the time.
No drugs were found on her or in the car.
Richie also had a June 2003 DUI conviction that made her eligible for a sentence of 90 days to a year in jail, a fine of $390 to $1,000 and suspension of her license.
Richie's situation follows that of Paris Hilton, her co-star on the reality TV show "The Simple Life." Hilton was released after spending about 23 days in custody for violating probation in an alcohol-related reckless driving case.
911 call led to Lindsay Lohan's California drunk driving arrest
In the tape, the mother of the actress' former personal assistant can purportedly be heard frantically pleading for help because a mysterious SUV was following her through Santa Monica.
Police later said the SUV was driven by the 21-year-old actress, who was subsequently arrested on suspicion of drunk driving and cocaine possession.
The woman contacted a Santa Monica police dispatcher at 1:34 a.m. Tuesday near 7th Street and Wilshire Boulevard, just hours after the woman's daughter had quit as one of Lohan's assistants.
Santa Monica Police Lt. Alex Padilla said the call led police officers to the Santa Monica Civic Auditorium parking lot, where they found Lohan and the woman and subsequently arrested the actress.
"We were just about to park our car. We are turning home and out of nowhere a huge white GMC came up," the woman told the dispatcher. "We're being followed by a GMC. Oh, my God, sir, they're following us. We need help."
During the nearly three-minute 911 call, the woman can be heard describing her movements through Santa Monica's downtown. The dispatcher repeatedly asked the woman where she was going. The woman eventually said, "We are heading for the police station."
"Oh, my God, what is he doing?" the woman in near hysterics yelled as the dispatcher asked what the GMC was doing.
The woman drove her black Cadillac Escalade into the Civic Auditorium parking lot, about a block from the police station, followed by Lohan driving a Yukon sport utility vehicle, police said.
"They're in front of HQ now," the dispatcher can be heard saying. "Roll somebody code. Ma'am, what's going on there? Hello? Hello? Ma'am? Hello?"
Police soon arrived at the parking lot, where the woman identified Lohan's vehicle as the one that followed her.
According to Blair Berk, her California DUI attorney, Lohan was arrested in May on suspicion of drunk driving and has twice been in rehab this year, indicated Lohan suffered a relapse.
2 officers shot during DUI stop
Suspect shot in exchange of gunfire
26 Jul 2007
An Arapahoe County Sheriff's Deputy and a Colorado State Patrol Trooper were shot during a DUI stop Thursday night. SideBar
DENVER
2 officers were wounded Thursday during a scuffle with a person armed with a gun that went off.
The suspect was shot in the head, Denver Police Chief Gerry Whitman said.
Wounded were Arapahoe County Sheriff's Lt. Steve Curti, a 27-year law enforcement veteran who was shot in his left wrist, and Colorado State Trooper Dennis Wilder, a nine-year veteran who was shot in his left foot, Whitman said.
Another Denver police officer suffered a possible broken nose.
About 45 police officers from metro area law enforcement agencies were staffing a DUI Task Force checkpoint when Wilder stopped a small SUV for a broken windshield. The driver pulled into a convenience store where Curti and another deputy were stopped.
After a background check, the driver was taken into custody and Cobernick arrived to assist. He opened the passenger side door and that's when the armed suspect emerged.
All four officers were wrestling with the suspect that ended when an Arapahoe County sheriff's deputy drew his gun and shot the suspect.
Lindsay Lohan Missing? 6 months Jail for DUI?
July 26, 2007
Where in the world is Lindsay Lohan now? The Hollywood starlet has been rumored nearly everywhere but a report claims no one can find her. One report said she spent the night at her California DUI attorney's house but that has been denied. It was first reported she was headed back to the Promises treatment facility but that apparently did not happen.
There is speculation that she would take rehabilitation seriously this time and head to betty ford to get her life together before heading to multiple California DUI court dates in Los Angeles but sources close to Lohan have also denied that.
One statement right after gave this: "Addiction is a terrible and vicious disease. Since Lindsay’s transition to outpatient care, she has been monitored on bracelet and tested daily in order to support her sobriety. Throughout this period, I have received timely and accurate reports from the testing company. Unfortunately, late yesterday I was informed that Lindsay had relapsed. The bracelet has now been removed. She is safe, out of custody and presently receiving medical care.”
But where? Star Magazine reports that two days after Lindsay Lohan was arrested for her second California DUI and cocaine possession, she seems to have disappeared. A well-placed source tells Star, "There's a 'rumor' going around amongst people in the know that none of Lohan's 'people' — managers, agents, lawyers, publicists — can find her and that she's missing."
The magazine muses, "Well, one thing is for sure. The paparazzi seemed to have lost their firm grip on the 21-year-old I Know who Killed Me star, who has been missing in action for the past two days."
Lindsay Lohan’s best bet for avoiding jail time is to go back into rehab yet again and remove herself from a high-flying party lifestyle. If not, she could be facing up to six months behind bars, legal observers speculate.
Lohan, 21, was less than two weeks out of a recovery program and was voluntarily wearing an alcohol-monitoring device when she was arrested Tuesday in Santa Monica for investigation of misdemeanor California DUI driving both under the influence and with a suspended license, and felony cocaine possession.
Her lawyer, Blair Berk, has said she had a "relapse" and was receiving medical care at an undisclosed location.
The actress completed more than six weeks in rehab less than two weeks ago, and had checked into another recovery clinic in January.
Over the weekend, she was photographed at a party in a pink bikini, with the monitoring device on her ankle.
That behavior won’t cut it anymore and neither will spa-style clinics, said Barry Gerald Sands, a Century City defense attorney who’s also a certified drug and alcohol counselor.
"Whatever you have done in the past, do a 360-degree turn and go the other way," Sands said Wednesday. "She has to change her alleged friends, people sharing or selling her drugs. She has to lead a clean and sober life.
"Silk-sheet recovery homes don’t do the job."
If Lohan is charged with a crime, she could ask a judge to order her to remain in rehabilitation while she awaits trial, Sands said.
A "recovery team" should be in place that includes doctors and addiction specialists who can give the judge alternatives to jail. And if she is convicted, the rehab time would count against whatever jail sentence is issued, Sands said.
Lohan has never been convicted of a drug or alcohol crime and judges routinely place first-time DUI offenders on probation rather than behind bars. However, Lohan’s case could be complicated because she also was arrested for investigation of felony DUI in Beverly Hills on Memorial Day after her Mercedes-Benz crashed into a curb.
That case was submitted to the Los Angeles County district attorney’s office last week and is being reviewed, spokeswoman Jane Robison said.
If she is convicted of two felonies in the two cases, she might be eligible for 18 months or more in state prison but such a sentence is unlikely, said Lawrence Taylor, a former Los Angeles prosecutor who runs one of the nation’s top DUI defense law firms.
"Our prisons are packed already," he said. "We don’t need some recreational (drug) users with a small amount of coke with a clean record."
On the other hand, Lohan probably will have to do some time in county jail simply because prosecutors and judges saw the backlash when Paris Hilton was briefly allowed to serve her DUI sentence at home instead of jail.
"They’re going to see how sensitive everything was ... Everything was being looked at with a microscope and broadcast to the entire world, literally," Taylor said. "They saw what happened and judges do run for re-election, and deputy DAs are aware that their bosses run for re-election."
Figure skater Nobunari Oda arrested for drunk-driving
Japanese figure skater Nobunari Oda was apprehended by police and handed a traffic ticket after he was caught riding a motorcycle under the influence of alcohol / DUI on a road.
Police apprehended the 20-year-old skater at about 12:45 a.m. on Friday on suspicion of violating the Road Traffic Law by drinking and driving, and handed him a traffic ticket.
Oda, a third-year student at Kansai University, had reportedly been drinking with university acquaintances at a sauna facility in Osaka.
$10,000 if a DUI
You could end up spending in excess of $10,000 if you arrested for a San Diego California DUI .
The Police Department's Traffic Safety Unit, the Johnson County Sheriff's Office and the Kansas Highway Patrol will conduct a DUI sobriety checkpoint Friday night. The goal of the checkpoint is to reduce drunk driving, alcohol-related auto accidents and discourage impaired driving within the city.
Municipal Court officials have estimated that a person arrested for a DUI in Overland Park can expect to spend more than $10,000 for an attorney, court fees, and more.
So before driving drunk after drinking alcohol, consider asking a friend to drive, or hire a taxi. Either one is cheaper than $10,000 .
Thursday, July 26, 2007
.30 Drunk Driving Dad Gets 6 years prison for killing 6 year old son
A San Diego County father was sentenced to 6 years in prison Thursday for a San Diego drunk driving crash that killed his 6-year-old son.
Rodrigo Mendoza and his wife, Rosa Iris Carachure, were arguing over his lack of sobriety when he started swerving the family's large SUV back and forth on northbound I-15 near El Norte Parkway to prove he was not impaired.
The father lost control of the SUV and it rolled over numerous times. Six-year-old Brian Mendoza, who wasn't wearing a seat belt, was hurled from the SUV.
The Judge imposed a 6 year prison term, noting Mendoza endangered his family and the San Diego community when he chose to drive with a blood-alcohol level of 0.30 percent – nearly 4 times the legal limit.
Man on Lawmower gets Felony DWI
July 26, 2007
A man is accused of driving a lawnmower while intoxicated / DWI .
About 2:30 this morning, a Wayne County Sheriff’s deputy stopped Floyd P. Sincerbeaux , 29, of Lyons, Wayne County, who was driving a Cub Cadet lawnmower south on Leach Road in Lyons.
Sincerbeaux reportedly told deputies that he had been drinking and was driving the lawnmower to a relative’s house in Geneva, Ontario County.
Sincerbeaux was charged with felony driving while intoxicated / DWI and first-degree aggravated unlicensed operation of a motor vehicle, a misdemeanor, deputies said. He was also ticketed for operating an unregistered motor vehicle, operating an uninsured motor vehicle and unlicensed operator.
Sincerbeaux was arraigned in Lyons Town Court and remanded to the Wayne County Jail in lieu of $2,500 cash bail, according to jail records.
Ex-Cop Goes to Prison for DWI Death of Pedestrian
July 25, 2007
NEW YORK -- A former police officer will go to prison for killing a pedestrian while speeding drunk in the wrong direction in a closed lane of the Queensboro Bridge.
Brandon Colon, 31, pleaded guilty on June 4 to second-degree manslaughter in the death of Julio Ortega-Moncada. He was sentenced Wednesday to two to six years in prison after a plea deal; he had faced up to 15 years if he had been convicted after trial.
State Supreme Court Justice Carol Berkman called the death "a dreadful loss" and said, "I extend my condolences to the family."
At his sentencing, Colon addressed the victim's family, many of whom were in court. "I do regret it," he said. "I can never escape what happened. I want to personally apologize to the family. I am truly sorry."
Colon admitted that he hit Ortega-Moncada, 31, on March 28, 2006, while speeding on the bridge, which spans the East River between Queens and Manhattan. He was off duty at the time.
Ortega-Moncada, a Mexican immigrant and restaurant employee, was married and the father of a now-8-year-old boy. He apparently was walking back to his Queens home after taking photographs from the famous bridge, which was featured in the 2002 "Spider-Man" movie and in the opening credits of the "Taxi" sitcom series.
Colon also admitted he was driving in the wrong direction on the closed lane, that he had been drinking for about two hours before he got behind the wheel, and that he felt his sport utility vehicle hit something.
A felony complaint said Colon had a blood alcohol level of nearly 0.14. In New York a blood alcohol level of 0.08 or higher is considered legally intoxicated.
Colon said he stopped briefly and then drove off. He did not tell police when they stopped him later that he might have been in an accident, said Edison Alban of the Manhattan district attorney's office.
Ortega-Moncada's widow, Leticia Valle, has filed a $20 million lawsuit against Colon and the city.
Colon, who worked at an East Harlem housing development, joined the police force in 2000. He was suspended after his arrest and fired after his plea.
MADD had no comment on this.
11th DUI arrestee keeps Drunk Driving Lawyers busy
Current DUI laws are reviewed by the Staet after a man with a valid driver's license was arrested for the eleventh time for suspected DUI / drunk driving.
Deputies arrested Roman David Spears, 57, of Chapmanville last Friday after an alleged hit-and-run incident.
Deputies caught up with Spears later after he allegedly hit a vehicle on W.Va. 85 near Bim and fled the scene.
Spears was jailed briefly and released on an unspecified bond Monday.
Though Spears has a record of DUI arrests in Boone and Logan counties dating back to 1981, he had a valid, unrestricted driver's license at the time of his latest arrest.
Eleven years separated Spears' seventh arrest for DUI in 1994 and his eighth DUI arrest in 2005.
Prior DUI arrests and convictions that happened more than 10 years ago cannot be used to lengthen the revocation period for a person's driver's license.
So, regardless of the fact that Spears was arrested for the eighth time in 2005, as far as the motor vehicles division was concerned, it was his first brush with the law.
Had the agency been able to use prior arrests, and if arresting officers had showed up at two DMV hearings, Spears at least would have been required to install an ignition interlock system on his vehicle, which would prevent him from starting it if he'd consumed alcohol.
"I would say the jury's definitely going to be out on Mr. Spears as if any amount of equipment in his car is going to modify his behavior," said Steve Dale, the agency's deputy commissioner.
Dale said in light of Spears' case, the agency would be reviewing its 10-year rule, which was passed by the Legislature 15 years ago.
"I think that there was a concern about stiffer penalties for the individual who gets a DUI during his college days, then perhaps gets another DUI at age 40," Dale said.
A subcommittee of lawmakers is currently reviewing the state's DUI laws.
A look at Spears' driving history shows some revisions are in order.
He started off in 1981, when he was pulled over for suspected DUI and refused to take the breath test.
Beginning that year, the DMV could revoke a person's driver's license for a DUI arrest even if he or she was never convicted for the crime. The DMV can act on an officer's sworn statement.
In Spears' case, sometimes those statements were turned in, sometimes not.
That first time, the statement was completed and DMV revoked Spears' license for a year. The division never received any information about a conviction.
Spears was arrested again two months later in 1982 and was convicted, though no officer's statement was turned in. His license wasn't valid anyway.
He got his license reinstated in 1984 and was arrested again in 1985. The DMV revoked his license, but never heard anything about a conviction.
Later in 1985, Spears was arrested again for DUI. Then again in 1986. Each time, the DMV took revocation action on his license.
"We continued to revoke this individual, but all it does is add time to his revocation," Dale said.
From 1986 to 2004, Spears' license was invalid. However, between those years, Spears continued to drive and was arrested two more times for suspected drunk driving, the last time in 1994.
Spears eventually got his license back in 2004 and was arrested again for DUI a year later.
But since there was more than a decade between the 1994 and 2005 arrests, the DMV treated it as his first arrest.
Spears' license was revoked for 90 days. He took some safety classes and got it back on Aug. 10, 2005.
Last year, Spears again was nabbed for DUI. The DMV revoked him for second-offense, but Spears requested an administrative hearing, so the revocation was stayed.
Then, at the hearing, the arresting officer failed to show up, so the DMV's action was dismissed. Dale said drivers lose their license appeals 90 percent of the time if the officer shows up to testify.
Spears eventually was convicted of this DUI, but the DMV couldn't act because it already had its chance with Spears, Dale said.
Later in 2006, Spears was arrested for DUI. The DMV acted at once on his license.
But he requested an administrative hearing and the action was held off. And again, the arresting officer failed to appear at the hearing and the proceedings were dropped.
Spears was back on the road, with 10 DUI arrests under his belt and a clean driver's license.
After this last arrest, assuming everything goes the DMV's way, Spears' license will be revoked for a minimum of one year. Then he'll be required to use the ignition interlock for three years.
Dale still has his doubts.
"I have to wonder if jail may be the only way to keep these offenders from getting behind the wheel drunk," Dale said.
"The ignition interlock system is a great tool for the DUI offender who is interested in rehabilitation and behavior modification, but how do you keep someone with absolutely no regard for any laws for the safety of others on the road from just getting in any vehicle and driving?"
Contact writer Justin D. Anderson at justin@dailymail.com or 348-4843.
Roman David Spears' purported DUI record
1981 — Was pulled over for suspected DUI and refused to take the breath test. His license was revoked for a year.
1982 — Arrested again and convicted.
1984 — License reinstated
1985 — Arrested and DMV revoked his license. Then he was arrested again. Each time DMV took revocation action on his license.
1986-2004 — Spears’ license was invalid, but he continued to drive and was arrested twice more for DUI.
2004 — License reinstated.
2005 — Arrested again. Since there was more than a 10-year gap between arrests, DMV treated it as his first arrest. License reinstated after 90 days following completion of safety course.
2006 — Arrested twice for DUI. Convicted of first offense. DMV acted immediately, but officers failed to show up at the license hearings, so the actions were dismissed.
2007 — Arrested after suspected DUI in hit-and-run incident. If DMV suspends, license will be revoked for at least a year. But his DUI attorney may prevail.
Drunk Driver Saved by Officer after DUI crash & chase
DUI patrol car dashboard camera records the chase, a fiery DUI crash and the rescue of a driver suspected of driving drunk in a stolen car .
According to DUI police, a drunk driver was pulled over at 1:30 a.m. Sunday after the sport utility vehicle he was driving was seen weaving on Beach Boulevard.
After being pulled over in a parking lot, the driver, later identified as Jose Villalona, 18, spun the SUV around several times, drove toward Officer Folin Christmas' police car, then sped off.
The report said Villalona took off again, headed north on San Pablo Road.
When the officer caught up with the SUV again, it had crashed into a brick wall and some trees and caught fire.
Christmas pulled Villalona free of the crumpled steering wheel of the burning car and out of the car.
"I grabbed the driver and pulled on him several times, trying to pull him out of the driver's side window," Christmas wrote in the police report. "I felt the suspect would burn to death in the vehicle if I did not get him free."
Villalona was checked over by rescue personnel, who determined he did not need to be transported to the hospital and he was placed under arrest for DUI .
DUI accidents + speeding at California location
City officials and law enforcement representatives agree.
Something needs to be done about the S. Auburn Street hilltop near Sherwood Court. That has been the site of three major accidents between Nov. 25 and July 16.
The accidents occurred between midnight and 1 a.m. to drivers in their 20s.
And whether it's the city manager, a sergeant or neighbor talking, the accidents could have been avoided by reducing speed and not DUI nor driving under the influence.
The first accident Nov. 25 started as a result of a law enforcement vehicle stop on Highway 174. Driver Charles Brunkhorst, 20, of Applegate California, allegedly refused to yield and continued traveling at a high rate of speed near Sierra Market, according to Sgt. Troy Minton-Sander of the Placer County Sheriff's Department. Brunkhorst then allegedly ran two stop signs, drove unsafe speeds and crossed into another lane.
The sheriff's department accident report states that Brunkhorst's vehicle reached the top of the hill, bounced and took out a tree. The driver and a passenger were air-flighted to Sutter Roseville Medical Center and two other passengers were taken to another hospital.
Brunkhorst was charged with two felonies - a California DUI felony resulting in injury and an evasion felony resulting in injury.
"His blood alcohol content was almost three times the legal limit. A blood alcohol content of .08 is arrestable," Minton-Sander claimed.
A crime report of the next major accident on June 18 is being submitted to the district attorney's office as a California DUI, the sergeant said.
That alleged California DUI accident occurred when driver Caleb Davidson, 26, overturned his vehicle on S. Auburn Street and rolled down the embankment onto the Interstate 80 shoulder. Right before, Minton-Sander said, Davidson was allegedly going at an excessive speed.
"The deputy determined alcohol intoxication," Minton-Sander maintained. "All had consumed alcohol. Six beers, one victim said." Excessive speed and alcohol were allegedly involved once again. California DUI attorneys may assist.
DUI Man drives Jeep into DUI Courthouse
Courthouse DUI Crasher Charged
07/26/2007
Kenneth Ring, the man who allegedly drove his Jeep Cherokee into the rear entrance of the Centre County Courthouse last week, has been charged with DUI .
According to a report, Ring's blood-alcohol content was allegedly .202 percent, more than two times the legal limit, at the time of the drunk driving crash.
Records claim Ring has been convicted of DUI in two previous incidents in the past.
Lindsay Lohan is innocent of California DUI / Drugs charges
21-year-old actress Lindsay Lohan was arrested and released on bail for investigation of California DUI and driving with a suspended license, and felony cocaine possession, in Santa Monica, California, about 2 weeks after completing her second trip to rehab.
"I am innocent ... did not do drugs they're not mine. I was almost hit by my assistant Tarin's mom I appreciate everyone giving me my privacy," Lohan wrote in an e-mail.
Police allegedly found cocaine in one of Lohan's pockets during a pre-booking search, Sgt. Shane Talbot said. Police initially said Lohan was also being booked for investigation of transporting a narcotic but later said she was not.
Police received a 911 call from the mother of Lohan's former personal assistant saying that Lohan was chasing her in an SUV, said Lt. Alex Padilla. The assistant had quit hours before, he said.
Authorities found Lohan and the woman in a "heated debate" in the parking lot of Santa Monica's Civic Auditorium at about 1:30 a.m.
Lohan's arrest comes as she still faces California DUI allegations connected to a Memorial Day weekend hit-and-run crash in Beverly Hills. The actress completed more than six weeks in rehab less than two weeks ago, and had checked into a recovery clinic in January.
She had worn an alcohol-monitoring ankle bracelet since her July 13 release from rehab and was tested daily to support her sobriety, per her California DUI attorney, Blair Berk.
Lindsay Lohan's bracelet worked, but when her California DUI lawyer may have tried to find the star after her SCRAM bracelet went off, it was too late. Lindsay Lohan's California defense lawyer was the one to receive the signal from Lindsay's SCRAM bracelet, indicating that the star was drinking, and actually went out to try to find her before she got into trouble. Unfortunately for Lindsay, she was busted by police before her California defense attorney could get to her.
Lohan had relapsed and was receiving medical care at an undisclosed location. Lohan's publicist, Leslie Sloane Zelnik, had no comment.
Lohan allegedly joins a long list of young actors who have battled problems with drugs, alcohol, or both. They include River Phoenix, Drew Barrymore, Corey Feldman, Anissa Jones, Danny Bonaduce and Macaulay Culkin.
Phoenix, who starred in Stand By Me as a teen, died outside a Hollywood nightclub in 1993 from a lethal combination of cocaine and heroin. He was 23.
Feldman, his co-star, also battled addiction and was arrested for heroin possession when he was 19.
Jones, who played Buffy on TV's Family Affair, was just 18 when she died of a drug overdose in 1976. Bonaduce found fame at 10 as a star of The Partridge Family, only to struggle with addiction and homelessness as a teenager. Culkin, best known for his starring turn in the kid-friendly Home Alone films, was busted in his early 20s for possession of pot and Xanax.
Barrymore, 32, has fared best. After going to rehab for drugs and alcohol at 13, she is a sought-after actress and filmmaker with her own production company, Flower Films.
Dr. David Deitch, an addiction specialist for more than 40 years and director of Phoenix House, a national nonprofit provider of substance-abuse treatments, said the glitter and glamor of Hollywood could be partly to blame: Hollywood Califoirnia life is all about the excitement, drama and peak performance followed by a letdown that gets medicated with entertainment and medication.
Deitch said the average age at which children start using drugs has dropped every decade since the 1960s, and that today's youngsters start experimenting with drugs about age 12.
"The earlier the age of onset of chronic drug-taking, the greater the prognosis is for long-term problems," he warned.
The actress was chastised last summer for repeatedly arriving late to the set of Georgia Rule, and her latest legal troubles may cost her movie roles. She was set to start shooting Poor Things, a comedy featuring Shirley MacLaine, when she entered rehab in May. The film's producers, who previously had supported Lohan, would not say Tuesday whether she would be part of the production.
Lohan is still set to appear in the film Dare to Love Me, which is to begin shooting this summer, said Michael Sands, a consultant for production company Bowline Entertainment. Lohan's latest film opens July 27.
Liquor License for Casino in hands of engineers?
July 26, 2007
A traffic engineer opined yesterday on the Barona casino's liquor license and San Diego County DUI accidents.
But this engineer, who works for the county, said the liquor license at the 2,000-slot Barona Valley Ranch Resort and Casino has led to more such San Diego drunk driving crashes.
“The issuance of the alcohol permit increased the number of DUIs on Wildcat Canyon Road,” Robert Goralka said.
On Tuesday, a traffic engineer hired by Barona said alcohol sales at the tribe's casino and resort since 2004 hadn't led to more San Diego DUI accidents.
An administrative law judge is hearing evidence at the County Administration Center in downtown San Diego on whether Barona should continue serving drinks at its hotel, golf course, steakhouse and VIP gambling rooms, and at special events such as weddings.
The judge said he would write a recommendation on the license to the state Department of Alcoholic Beverage Control in a few weeks. For now, Barona is using an interim liquor license.
Most gamblers at the casino near Lakeside can't buy alcohol, which makes up about 2 percent of food and beverage sales there.
Sheriff Bill Kolender wrote a letter in opposition to the license last month in which he said alcohol-related crime near the casino is up and San Diego drunk driving accidents have doubled.
Several neighbors told Judge Rodolfo Echeverria about harrowing experiences on the only road leading through the reservation.
Barona's traffic engineer dismissed all but 3 of 39 San Diego DUI crashes on Wildcat Canyon Road from 2003 to earlier this year as irrelevant because, in his opinion, they didn't involve people who had been served alcohol at Barona.
Take away the liquor license, and fewer people will drive drunk near the casino, it was said. “If Barona continues to have a liquor license, the number of DUI accidents will remain high and probably increase as the business grows.” This is subject to dispute.
Wednesday, July 25, 2007
American goes to jail for Drunk Driving into Canada
July 25, 2007
An American spent three days in jail after attempting to drive drunk into Canada last week.
She pleaded guilty in Sarnia court on Monday to driving while her blood-alcohol level exceeded the legal limit on July 15.
A customs officer at the Blue Water Bridge smelled alcohol on her and gave her a roadside breath test.
She failed that test and further tests showed her blood-alcohol level was more than 1 1/2 times the legal limit.
She was held in jail until July 18, when $500 cash bail was posted. "These matters are taken very seriously in this country," said Justice Anne McFadyen as she imposed a $600 fine the minimum under the Criminal Code.
Fines levied in Lambton County are usually higher.
McFadyen said she would have imposed a larger fine if not for the time the woman had spent in jail.
In addition, the woman was prohibited from driving in Canada for one year. McFadyen said there may be repercussions in the U.S. as well due to the conviction.
Some states apply Canadian convictions on residents' driving records.
Artists Against DUI
07/25/2007
Their faces no longer will be seen in true-life form, but a local artist is making it her goal to keep their memories alive by painting the portraits of those who have died in drunken driving accidents throughout New Mexico.
"The goal of the project is to give a voice to the victims," said Nikki Smith, an Aztec resident and founder of Artists Against Drunk Driving.
The artists will host an open house and viewing for the public to see the finished oil portraits from 5 p.m. to 7 p.m. Thursday at the Aztec Chamber of Commerce, 110 N. Ash St.
Smith, a former board member of the Chamber of Commerce, creates portraits of drunken driving victims to make the public be aware of the risks and consequences of driving drunk.
There have been 15 portraits completed so far by three other artists and herself, Smith said. Families that have lost a loved one to drunk driving have sent in pictures, were sent to artists to be painted.
About 500 people are expected for the first open house and viewing on Thursday. Gov. Bill Richardson's staff and Mothers Against Drunk Driving representatives were invited.
Priest Popped for a Deuce
Robert Hufford, 63, is the chaplain to the Convent of the Transfiguration.
He is allegedly facing charges of public indecency and drunk driving .
On July 14, DUI police arrested him at an I-75 rest stop .
Taking Drivers' Licenses spooks Drunk Drivers
A new study shows that there's a much more direct and effective way to take drunk drivers off the road: state laws that revoke a driver's license on the spot, rather than waiting until after a possible criminal conviction.
The study, published in the August 2007 issue of Alcoholism: Clinical & Experimental Research, looks at data from 46 states and is one of the most comprehensive studies on the impact of drunk-driving laws in the U.S. It finds that suspending a drunk driver's license immediately at the time of arrest reduces alcohol-related fatal crash involvement by 5%, which translates to at least 800 lives being spared in the U.S. per year.
Alexander Wagenaar, a professor of epidemiology at the University of Florida's College of Medicine and lead author of the study, says that the reason revoking a drunk driver's license right away works better than waiting until after a conviction, which can take up to a year in some states, is simple timing: if you do something wrong, you should suffer the consequences immediately. It's a basic behavior-curbing tenet called negative reinforcement that works on rats in the lab, and on humans just as well. "The speed with which the punishment is applied is very important, and in our society we've had a long-standing focus on the severity of the punishment," says Wagenaar. "The punishment does not have to be draconian to have an effect in shaping the behavior that we want to deter, in this case drunk driving. A driving-license suspension for a couple of months is a modest penalty, but when it's applied immediately it's effective."
In states that have the law, officers can revoke a driver's license when the driver fails or refuses to take a breathalyzer test, and the revocation is separate from any criminal DUI charges the driver will incur. The law is mostly administered by the state's Department of Motor Vehicles; either the arresting officer seizes the license or the DMV sends the driver a letter stating that it is no longer valid. The suspension usually last 90 days but varies by state, and drivers have the right to appeal.
In his new study, Wagenaar looked at monthly statistics on fatal alcohol-related car crashes in 46 U.S. states over 26 years — from January 1976 to December 2002 — to analyze the effectiveness of such laws. Wagenaar found that in the states that had implemented immediate driver's license-suspension policies, alcohol-related crashes declined pretty much across the board after the passage of the law. "The study shows very clearly an intervention that works if states want to reduce the death rate due to these alcohol-related crashes," he said.
Still, drunk driving remains a huge and deadly national problem. Approximately 17,000 people are killed in alcohol-related crashes per year, according to the National Highway Transportation Safety Administration, and the Substance Abuse and Mental Health Services Administration reports that in the past year, 17% of drivers in the U.S. admitted getting behind the wheel after drinking.
Forty-one U.S. states currently have license-revocation laws on the books.
The nine that don't are Kentucky, Michigan, Montana, New Jersey, New York, Pennsylvania, Rhode Island, South Dakota and Tennessee.
Most of these states have policies that allow officers to revoke a driver's license after conviction, or immediately with repeat offenders, but Wagenaar's study found that such laws do little to deter drunk driving or to reduce fatalities.
Anne Readect in Michigan's Office of Highway Safety Planning admits that her state has often lagged in DUI legislation reform.
Kids learn Drunk Driving Lessons at Summer Camp
Det. Rowden: Today were doing teenage DUI awareness.
At a Police Department summer academy.. 26 kids ages 9 to 15 are getting a different view of drunk driving.
Det. Rowden: We have several pairs of fatal vision glasses.
Kid No.1: Wow! Theres like three of you.
Kid No. 2: Oh, my gosh!
The goggles disturb coordination and impair vision.
Det. Rowden: The same way it would be at different blood alcohol levels.
Once the glasses are on &
The cops run the kids through several sobriety tests.
Chief: You will have to take 9 heel to toe steps.
They look like theyve been drinking and cops say these are the same stumbly reactions typical of many drunk drivers.
The camp teaches kids about the law
Theyve learned it pretty much, from A to Z.
and the consequences of getting behind the wheel while under the influence of drugs or alcohol.
You dont escape the punishment no matter what your age.
>> 13-year-old Ryan Walsh had a chance to view the distortion effect from a moving vehicle.
Det. Rowden: Youre going to see it through the eyes of a drunk driver.
Ryan Walsh: Everythings like this (he motions left). Im going to fall off.
The goggles simulate what police say is a typical night drinking 4 or 5 beers for an average man.
Det. Rowden: Whats the straight stretch look like? Ryan Walsh: A big swerve.
Depth is distorted, so parking is a problem.
Ryan Walsh: Keep going, keep going. Det. Rowden: Weve just pulled on top of another car.
Ryan Walsh: I cant even imagine why people would do it. It's crazy even going just 3 m.p.h. I thought I was going to die.
>> Its a view of drunk driving police hope these campers take with them.
Lots of $ spent for CHP to increase DUI patrols & California DUI checkpoints
California CHP gets money for DUI crackdown on Highway 1
California's Office of Traffic Safety is giving 250,000 dollars to the California Highway Patrol to attempt to reduce the number of California drunk driving crashes along Highway 1 near Moss Landing.
The grant will begin Aug. 1 and continue until July 30, 2008. During this time, CHP officers will increase DUI patrols along a 13-mile segment of Highway 1 from just south of Castroville to the Santa Cruz County line in Watsonville.
CHP enforcement efforts will include roving, DUI patrols and Drunk Driving sobriety checkpoints during times with historically high incidences of DUI violations.
DWI Not Guilty But Still on Drunk Driving Offenders List!
Acquitted man's mugshot appears on DWI offenders list
Wednesday, July 25, 2007
Police and court officials are apparently blaming each other for a mistake that put a man who had been acquitted of DWI on a list of convicted DWI or drunk drivers.
A Metro Court jury found Michael Predika not guilty of aggravated DWI in February. But on Saturday, Predika's mugshot unfortunately showed up on a four-page list of DWI offenders published regularly in The Tribune and the Albuquerque Journal.
The list is a paid advertisement run by the Albuquerque Police Department under an ordinance passed last year by the City Council. It should feature only people convicted of DWI, not folks acquitted (found not guilty) of Drunk Driving.
Predika's acquittal was initially entered correctly into a court computer system, but a clerk later inadvertently changed the entry. The mistake was caught during a routine review and was corrected on April 20.
APD spokesman John Walsh said the department collected information on February convictions before the mistake was fixed in April. The list of DWI offenders is submitted to Albuquerque Publishing Co. weeks or months before it's published as the Drunk Driivng offenders list.
California DUI charges dropped for Shemar Moore
Shemar Moore Gets Probation for Speeding after California DUI charges dropped
WEDNESDAY JULY 25, 2007
Shemar Moore was sentenced to 3 years probation – and agreed to do 80 hours of community service – in a Los Angeles courtroom Tuesday.
The Criminal Minds actor, 37, had pleaded no contest.
The charges stemmed from Moore's California DUI arrest June 1, when the California Highway Patrol stopped him for driving faster than 65 m.p.h. on a city street, officials said.
On June 22 he was charged with California drunk driving / DUI / driving under the influence and having a blood-alcohol level of .08 percent or above.
As part of a plea deal through his California DUI Lawyer, the California DUI charges were dropped.
Moore, a former model who recently was captured on-camera nude on the beach in Hawaii, also agreed to serve California DUI type conditions, which means he cannot drive with alcohol in his system.
Tuesday, July 24, 2007
San Diego DUI Lawyer news - Lohan DUI
According to police reports, Lindsay Lohan was arrested for DUI in Santa Monica early this morning after officers stopped her chasing another car. During the arrest Lindsay Lohan refused to take a Breathalyzer test, failed a sobriety test and was found to have all sorts of cocaine in her pockets. It's been a week since Lindsay Lohan checked out of her six-week rehab stay, by the way, so - working at this current speed and taking into account her fondness for troublemaking - we've estimated that Lindsay Lohan has probably been arrested for DUI another 83 separate times since you started reading this article alone.
There aren't many universal truths in life, by one of them has got to be 'don't ever let Lindsay Lohan near a bloody car ever again because she'll only get it stuck up a tree or something.' In the history of useless celebrity drivers - we're talking Britney balancing a baby on her lap and Paris getting arrested for drink-driving and Nicole driving into traffic on drugs here - Lindsay Lohan stands head and shoulders above everyone else as the absolute, hands-down, most shitheaded celebrity driver going.
Although she crashed her car in 2005 and crashed her car in 2006, 2007 looks like it's going to be the vintage year for Lindsay Lohan not being able to drive a car properly. In May Lindsay Lohan was arrested for DUI after she crashed her car; an event that promptly sent her off to rehab for the second time this year. While in rehab it was claimed that Lindsay Lohan not only had cocaine in her system when she crashed but was also a bit of a suicidal OxyContin addict on the sly, too. But then last week Lindsay Lohan left rehab kitted out with an ankle bracelet that monitors alcohol consumption, and she recovered from her addictions and went onto win several Oscars for her moving portray of a stripper in that film about strippers.
No wait, scrap that last bit. Instead of recovering from her addictions and winning an Oscar, we meant to say that Lindsay Lohan staggered about for a week and then got arrested for DUI again. Because that's what happened to Lindsay Lohan this morning, as MSNBC reports:
Santa Monica police Sgt. Robert Hernandez says Lohan was behind the wheel of a vehicle pulled over just after 2 a.m. on Main Street near the Civic Center in Santa Monica. According to police, she was chasing another car when she was pulled over. Officers determined she had been drinking and she was arrested for drunken driving and driving with a suspended license. During booking, cocaine was found in her pants pocket. According to KNBC, Lohan refused to take a Breathalyzer test at the scene but failed a field sobriety test. She reportedly did agree to take the Breathalyzer exam at the Santa Monica police station, which registered a .12. The legal limit in California is 0.08.
Following the arrest Lindsay lohan was bailed for $25,000 and will be arraigned next month. Coming four days after Lindsay Lohan was charged for her last DUI arrest, it's hard to really get a grasp of how stupid Lindsay Lohan has to be to get arrested for the exact same thing so soon after the last time. As our parents are fond of saying, we're not angry with Lindsay Lohan, we're just disappointed.
Traffic deaths decline in 2006
Juy 24, 2007
Traffic deaths in the United States fell to their lowest total in five years in 2006, and the rate of deaths per miles traveled dropped to a record low.
Highway crashes killed 42,642 people last year, Nicole Nason, administrator of the National Highway Traffic Safety Administration, said yesterday. That compares with 43,510 deaths in 2005. The fatality rate of 1.42 deaths per 100 million miles traveled in 2006 was the lowest rate recorded by the Department of Transportation.
Factors for the decline include strong law enforcement and better safety features in cars,
Pacific Classic Champion Lava Man's Groom loses arm after hit by alleged San Diego DUI driver
A driver heading south drifted into an adjacent lane near the Lomas Santa Fe exit and hit the rear bumper of the van driven by Garcia, who was traveling from his Los Angeles home to the stable area in Del Mar for his early morning duties, per San Diego CHP.
Garcia's van overturned and he was ejected, the CHP said. His left arm was severed, and he suffered head injuries. Garcia was allegedly not wearing a seat belt.
CHP claims the other driver fled but was arrested in Carlsbad after a second incident was reported. He was booked in the Vista jail on a San Diego County California DUI and hit-and-run charges.
Garcia was taken to Scripps Memorial Hospital in La Jolla. Yesterday evening he was awake and alert.
Garcia worked for O'Neill for the past 11 years and been entrusted with several top horses. His proudest achievement might be grooming the winners of four Hollywood Gold Cups, Sky Jack in 2005 and Lava Man the past three years.
Radio station reads names of DUI folks
Famous radio station mentions names of DUI arrestees
WNOU-FM (93.1) is taking a unique stand against DUI & drunk driving in Indianapolis by reading the names of the previous week's alleged offenders every Monday during its morning radio show.
To the tune of Inner Circle's "Bad Boys" song, hosts of "The Morning Mess" highlighted a handful of drivers charged with DUI last week and quoted details from incident reports.
On Monday, Sgt. Ray Poole of the Indiana State Police offered anecdotes about DUI / drunk driving arrests he has made. Upcoming speakers include anxious members of Mothers Against Drunk Driving, and Governor Daniels.
Lawmaker arrested for alleged DUI
Wichita state Rep. Jim Ward spent part of Saturday morning in the Shawnee County Jail after the Kansas Highway Patrol arrested him on suspicion of DUI or drunk driving.
Ward allegedly refused to take a sobriety test, which could result in him losing his driver's license for a year.
Under state law, a driver who refuses to submit to and complete any breath, blood or urine test requested by a law enforcement officer will lose his license for a year for the first occurrence, two years for a second, three years for a third, 10 years for a fourth and have it permanently revoked for a fifth.
Ward, 49, confirmed his arrest Monday.
The Democrat was elected to the Kansas House in 2002. A lawyer, he is a former Wichita school board and City Council member. He also was an assistant Sedgwick County district attorney and city prosecutor.
Ward said prosecutors in Topeka were weighing evidence to determine if formal charges were warranted. A spokeswoman for the prosecutor's office in Shawnee County did not return a call from The Eagle on Monday seeking information about the case.
Ward said Monday he was back in Wichita. He serves District 88, an area of southeast Wichita bounded by I-35, from Kellogg to 31st Street South and west to about Hillside.
Sen. Phil Journey, R-Haysville, a lawyer whose practice includes DUI defense, said it's almost automatic to lose one's license for refusing the test unless the officers making the request did not read the required warning.
People who refuse the test have 10 days to request a driver's license hearing, he said.
San Diego DUI investigation crashed upon
July 23, 2007
SAN DIEGO DUI news
A CHP investigation of an alleged DUI-related highway crash early Monday was interrupted when another vehicle crashed into an unoccupied patrol car.
3 people injured as a result of 2 separate crashes on State Route 94 near North Euclid Avenue were treated at Scripps Mercy Hospital. No San Diego California CHP DUI officers were hurt.
The first crash left one vehicle overturned and another engulfed in flames, authorities said. The CHP car was struck about 2:15 a.m.
Judge pleads to lesser charge in DUI case
07/23/07
After getting charged while driving more than twice the legal drinking limit last month, State Court Judge Donnie Peppers pleaded guilty to a reduced charge.
Some complain that this is a case of the “good old boy” network in action.
“The only fact is that he was twice the legal limit,” said Jack Denny, a retired master trooper from the Georgia State Patrol. “A liability to himself and everyone else he came in contact with while driving ‘drunk.’ It is a slap in the face to the arresting officer who we empower to enforce the ‘applicable law’ on all fairly, giving ‘due consideration’ to the existing circumstances.”
Denny, who retired 10 years ago after serving 34 years with the state patrol, said he didn’t harbor any sour grapes, but felt Peppers was being allowed to slide through the system with lesser charges than those he hands out in his own courtroom.
Peppers was charged with DUI with a blood- alcohol level of allegedly nearly 0.17, twice the legal limit of 0.08, after he was stopped on Mack Smith Road on Saturday, June 8.
According to the “drink wheel” at the Walker County Sheriff’s Department’s website, a 185-pound male would need to drink approximately 12 beers steadily over four hours to have a blood alcohol concentration of 0.17. Go to http://www.walkerso.com/wheel .
Underage DUI soldiers face crackdown overseas
July 24, 2007
Starting August 1, 2007, it will be illegal for drivers under 21 to have any alcohol in their system when driving on Germany’s roads. Drivers caught defying the zero-tolerance policy face a fine of up to 1,000 euros, driver education courses and point penalties.
“Beginner drivers have not yet been sufficiently sensitized to the dangers of alcohol at the wheel,” German Transport Minister Wolfgang Tiefensee said earlier this month as he explained the purpose of the new law. “Driving and drinking are incompatible.”
While the law is intended to discourage risky behavior among younger German drivers, some soldiers, to whom the law also applies, say the regulation is heavy-handed.
“I think it’s pretty stupid. It (alcohol) affects you the same way. Why does it matter how old you are?” said Nycole Papineau, 19, of the 502nd Military Intelligence Battalion in Baumholder.
Nonetheless, Papineau said she has nothing to worry about.
“When I go out drinking, I take a taxi,” she said.
Papineau’s friends, Pvt. Zoila Gil, 18, and Sgt. Michael Roach, 23, concurred, saying that young people can drink just as responsibly as the old.
“I feel that age shouldn’t make a difference. It should be the same law for everybody,” Roach said.
While the German law takes effect in a couple of weeks, it will take between 30 and 60 days for U.S. Army Europe to draft new post regulations that correspond with the law. The post regulations are in the midst of being updated, said Tom Lorenzini, registrar of motor vehicles at USAREUR’s Office of the Provost Marshal.
“I’m sure the command will adopt the law,” Lorenzini said, noting that it would not make sense for there to be two different laws.
Since there is no magistrate, violations on post can’t carry a monetary penalty. Other punishments, such as revoking a license, can be imposed, Lorenzini said.
While one beer can make for legal trouble if you’re under 21 and behind the wheel, it’s another matter if you’re not driving. At Army and Air Force Exchange Service facilities, the legal age for purchasing alcohol is 18, according to AAFES spokesman Lt. Col. David Konop.
The German zero-tolerance crackdown comes at a time when DUI rates among soldiers stationed in Europe are at a six-year low.
In 2006, there were 4.1 DUI incidents per 1,000 soldiers, compared to 6.6 in 2005 and 9.4 in 2004, according to USAREUR’s Office of the Provost Marshal.
For drivers above the age of 21, there is no change. It remains illegal to get behind the wheel with a blood-alcohol content level of .05 and above.
Driver runs over man, may face California DUI
Deputies say a man accused of running over one person and injuring two others might have been under the influence at the time and could face California DUI charges.
Kern County Sheriff's Deputies say the accident happened Sunday night at the Bakersfield Sports Arena in Southeast Bakersfield. Thirty-three-year-old Miguel Triana of Bakersfield was allegedly California DUI or driving while under the influence.
Security guards later sprayed him with pepper spray and he was arrested. The condition of all three victims is unknown at this time.
Toddler killed by alleged underage DWI - follows puppy onto highway
07/22/2007
A Bossier Parish toddler who got out of his house in the middle of the night was killed when he followed his puppy onto the highway out front.
The hit-and-run motorist who killed the child and the dog is a 19-year-old who was driving drunk, said Louisiana State Police, who said they are investigating where the underage driver got the alcohol.
The tragid accident happened about 12:30 a.m. Sunday on Highway 157 near Haughton.
Killed was 2-year-old Nicholas Hayes.
Arrested on charges of vehicular homicide, hit-and-run driving and underage DWI was Kevin Theriot, 19.
Theriot left the scene of the accident but returned later with his father and was arrested, troopers said.
Troopers said Nicholas somehow managed to get out of the mobile home. He was following the puppy when both wandered onto the highway.
Former DARE Police Officer arrested for DUI
State police said Joseph L. Cadrin, 47, of Oakham was stopped by a state police sergeant at 12:20 a.m. July 16, after his 2002 Ford Explorer allegedly failed to stay within marked lanes. He is a lieutenant on the Oakham force.
According to court documents, Lt. Cadrin’s vehicle allegedly drifted into the center lane, as state police Sgt. Brian Watson followed it north on Interstate 190 and onto Ararat Street. In a report, Sgt. Watson wrote that he stopped the vehicle and found the driver smelling strongly of alcohol. He wrote that the driver was speaking but could not be understood. The sergeant had to shut off the ignition himself because the driver did not seem to understand the request to do so.
After giving the sergeant his license, Lt. Cadrin allegedly told him “in a very loud, slurred voice” that he is a police officer. He handed over a police identification indicating his position with the Oakham department, the report further indicated.
Sgt. Watson wrote that Lt. Cadrin was very unsteady on his feet and nearly fell, after being seated on the cruiser’s crash bar. He refused to complete DUI field sobriety tests and later declined to take a Drunk Driving Breathalyzer test.
Monday, July 23, 2007
MADD about DUI ignition interlock systems
Because of the strong backing of MADD Michigan, pending legislation targets repeat offenders but also first-time violators whose blood-alcohol counts are 0.15% or more or nearly twice the 0.08% limit at which a person can be convicted of drunk driving or DUI / DWI .
First-time Michigan offenders would face a mandatory 45 days without a license, alcohol assessment and appropriate treatment, and then the remainder of one year breathing into an ignition interlock that doesn't allow a vehicle to start if a driver blows into it and the device detects measurable alcohol.
Repeat offenders would be punished similarly but with progressively longer periods of mandatory use of ignition interlocks, until they face imprisonment for too many convictions. Offenders would face jail if they're caught circumventing the device or driving someone else's vehicle.
The provisions for first-time offenders could prompt more-heated debate. The measure is already raising opposition, but supporters say it takes heavy or extreme drinking for someone to reach 0.15%.
"It's not average behavior at all. It's extreme behavior," said MADD Michigan Executive Director Homer Smith, adding that people who reach that level account for nearly 60% of all alcohol-related crashes.
State Rep. Marc Corriveau, D-Northville, said studies show that "someone has gone way beyond social drinking into a dangerous area" if his or her blood-alcohol count is 0.15% or more.
The action comes as the Michigan Office of Highway Safety Planning reports that the number of deaths from crashes involving alcohol rose to 383 in 2006 from 360 in 2005. The jump goes against the state's long-term decrease in alcohol-related traffic deaths. The number was 555 in 1996.
But it mirrors a national increase. Preliminary federal data show U.S. drunken-driving deaths increased to 17,941 in 2006 -- a level not seen since 1992, said Mothers Against Drunk Driving.
Statewide, 1,084 people died in car crashes in 2006, and 440 of those deaths -- about 40% -- were in crashes involving alcohol, drugs or a combination of them, highway safety spokeswoman Nikki Klemmer said.
The Michigan Licensed Beverage Association, which represents bars, restaurants and other purveyors of alcoholic beverages, opposes the interlock measure. It argues that the 0.15% threshold is too low to be considered extreme, takes discretion away from courts and that the cost of the penalties would create undue hardships for low-income people.
"Judges already have the ability to install these ignition interlocks," said Cathy Pavick, the group's executive director. "We believe for good public policy that these decisions should be left up to judges, so that they have the ability to look at each individual case and decide the best course of action."
Offenders would pay costs of the ignition interlock systems -- about $2.50 a day -- and court-ordered treatment. The interlocks would be monitored by private companies that would report regularly to the courts or the Michigan Department of State, said Gary Naeyaert, a spokesman for the Michigan Ignition Interlock Providers Association.
Michigan would be among a handful of states to make interlocks mandatory for first-time offenders. Supporters say New Mexico, for one, made interlocks mandatory in 2005 for all convicted drunken drivers and in the year afterward saw a reduction of about 20% in alcohol-related crashes.
MADD's national office in 2006 made as one of its top priorities passing the interlock requirement in all states for all DUI / DWI / drunk drivers.
Vehicle breath test machine to be tested by Nissan
The system claims to detect the alcohol level on a driver's breath and disable the ignition if it exceeds a certain limit. But it needs to be tested.
Nissan test it in cooperation with authorities in several locations around Japan.
The automaker said the tests were still at an early stage and there were no firm plans yet to launch the technology.
It's probably going to require a lot of legislative support or a government push for making it a requirement, or it could be available as an option, indicated the Nissan Motor spokeswoman. It can be installed on the vehicles but there is the question whether or not customers want such a machine.
Toyota, meanwhile, is researching a system of sensors on a vehicle's steering wheel to purportedly measure the alcohol level in a driver's sweat, while mobile telephone operators have developed a combined breathalyzer and telephone.
Man dragged & dies trying to stop girlfriend from driving drunk
"You're going to get arrested," Louis Wiederer, 26, of Westbury, warned his girlfriend, a witness allegedly heard them arguing late Saturday. "You can't drive like that!" "Leave me alone!" she allegedly said.
With that, Vega, 27, of Carle Place, put her key in the ignition and drove off -- as Wiederer hung onto an open window. She continued north, dragging him on the pavement, then underneath her car, before coming to a stop three blocks later.
Jay Steiner, 60, a retired nurse, who lives near the scene, rushed to the man's aid.
"Oh, my God," Steiner recalled Vega allegedly telling him. "Don't tell me I just killed my fiance."
Wiederer was pronounced dead at the scene. Vega was arrested and charged with driving while intoxicated / DWI .
Sunday, July 22, 2007
San Diego Drunk Driving Accidents Increased after Barona Casino's alcohol permit
July 22, 2007
Barona Valley Ranch Resort and Casino's liquor license may be jeopardized since Sheriff Bill Kolender's opposition.
A judge will hear testimony from county officials and neighbors who say steep, winding Wildcat Canyon Road is too dangerous to allow the resort and casino to serve alcohol.
The sheriff now says that the doubling of San Diego DUI / San Diego drunk driving crashes on Wildcat Canyon Road since alcohol service began is a good reason to take the license away.
Gamblers can't get alcohol on the main floor of the 2,000-slot casino, owned by the 450-member tribe. Alcohol at the casino is limited to people with some money to spend.
Even so, Kolender said in a letter last month that San Diego drunk driving crashes on Wildcat Canyon Road have doubled since the casino got its liquor license, from five in 2003 to 10 in 2006. County officials said they later learned of an 11th San Diego DUI / San Diego drunken-driving crash in 2006.
The state Department of Alcoholic Beverage Control issued a liquor license for the Santa Ysabel Resort and Casino over the objections of county officials, who worried about DUI / impaired drivers on roads under construction near the casino.
Al Gore III charged with felony drug possession , not DUI
24 year old son of former Vice President Al Gore was charged Friday with felony and misdemeanor drug possession after his California arrest for allegedly driving more than 100 mph on the San Diego Freeway.
Albert Gore III is scheduled to appear in a Laguna Niguel courtroom on Aug. 1. He is free on $20,000 bail.
Gore is charged with two felony counts of possession of a controlled substance stemming from the prescription drugs Adderall and Vicodin he allegedly possessed without a prescription, two misdemeanor counts of possessing a controlled substance without a prescription -- stemming from the Xanax and Valium -- and a misdemeanor charge of possession of marijuana. He was also charged with allegedly driving at a speed greater than 100 mph.
Top Criminal Defense Lawyer Al Stokke fairly indicated he will evaluate our position once he gets all the information concerning the case.
Gore could face up to three years and eight months in prison but may be eligible for a drug diversion program instead of jail.
Gore was driving a blue Toyota Prius south on the San Diego (5) Freeway about 2:15 a.m. July 4 when a sheriff's deputy stopped him at the Crown Valley Parkway exit, not far from the courthouse.
The deputy smelled marijuana and searched the car, finding less than an ounce of marijuana, but also the prescription drugs Valium, Xanax, Vicodin, Soma and Adderall, which is used to treat attention deficit disorder.
The Harvard graduate said he did not have a prescription for the drugs and admitted smoking marijuana shortly before being stopped.
However, authorities did not book him on suspicion of California DUI because they decided Gore was not "impaired" by the marijuana.
Gore was arrested on suspicion of drug possession and speeding and posted the bail.
Appearing on NBC's "Today" show for a previously scheduled interview, the former vice president said the arrest was being dealt with as a private family matter. He expressed love and support for his son.
The program Gore could qualify for would require him to plead guilty but judgment would not be entered right away and the case would be dismissed if Gore completes certain requirements.
Gore was allegedly ticketed for reckless driving by North Carolina police in August 2000 for allegedly driving 94 mph, and in September 2002, military police arrested him on suspicion of drunk driving near a military base in Virginia.
Gore, the youngest of four children, graduated from Harvard in 2005 and works as an associate publisher of Good magazine, a startup published in Los Angeles. In April 1989, he allegedly nearly died in a car accident in Maryland.
This should not affect Al Gore's upcoming monumental announcement.
Saturday, July 21, 2007
Florida Marlins star pitcher Olsen arrested for DUI
Police Lt. Michael Bentolila said Olsen was arrested in the Miami suburb of Aventura, where an officer clocked him driving 48 mph in a 35 mph zone and attempted to pull him over at about 3:40 a.m.
Olsen continued to drive about one mile, running a stop sign before stopping at his Aventura home, Bentolila said.
The pitcher got out of his car and sat down on a plastic chair in front of his home. When backup officers arrived and tried to arrest him, Bentolila said Olsen allegedly kicked at the officers, who used a stun gun on the 6-foot-5 pitcher.
Olsen then allegedly failed a DUI field sobriety test and refused an alcohol breath test, Bentolila said. A booking photo showed Olsen had two scrapes on his forehead over his right eye.
25 years in prison after fatal DUI crash kills Mandolin Maker
An illegal immigrant convicted in a fatal DUI wreck on Friday described the U.S. as a great country and apologized to the family of the renowned Nashville mandolin maker he killed.
But Julio Villasana's words did little to reduce the pain felt by the widow of Charlie Derrington, who died in an August 2006 head-on collision as he rode home on his motorcycle along Briley Parkway.
After his comments, Villasana was sentenced to 25 years in prison for causing the accident by being drunk and driving the wrong way into oncoming traffic. A federal agent who testified during the hours-long hearing said Villasana, 34, had been deported from the U.S. 14 times before the deadly wreck, only to return each time.
He had 4 previous DUI arrests.
"I don't know how that can happen," said Derrington's wife, Susan. "I'm very much in favor of closing the borders."
Loss is still painful
Losing her husband of 24 years, she said, has been almost unbearable.
"Just getting out of bed at times has been a daunting task," Susan Derrington said. "I missed two months of work because I could barely function."
Under Tennessee law, Villasana must serve 30 percent, or 7½ years, of the sentence before becoming eligible for parole.
"I just don't know that there's anything short of a maximum sentence that can protect the citizens from Mr. Villasana's outright disregard and flagrant violations of the laws of the state of Tennessee," Davidson County Criminal Court Judge Mark Fishburn said in imposing the sentence.
Villasana's blood-alcohol level was more than four times the legal limit when he crashed into Derrington's motorcycle on Briley in west Nashville.
Fatal DUI Crash kills Matteson Man on the Southside of Chicago
On July 19, 2007, Regina Gonzalez was driving a 2003 Toyota Highlander north-bound on Crawford Avenue near Vollmer Road when she allegedly veered into the southbound lanes and struck a 2004 Toyota Camry. The impact spun the Camry into a ditch, killing its driver, 66-year-old Therese Kriss, DUI police said. Kriss, of the 100 block of Candlegate Circle, Matteson, was pronounced dead at the scene.
After being treated and re-leased from St. James Hospital in Olympia Fields, Gonzalez was arrested and charged with aggravated DUI / driving under the influence and improper lane usage.
Police Chief's Son arrested for DWI / Drunk Driving
Police chief’s son faces DWI charge
Joseph Bergamine, the 18-year-old son of Fayetteville Police Chief Tom Bergamine, was charged last weekend with drunk driving, reckless driving and hit-and-run.
Court records say Joseph Bergamine was arrested by a Fayetteville police officer after an alleged car accident that was reported about 12:45 a.m. July 14 on Arnish Court in Fayetteville. A citation accuses Joseph Bergamine of hitting a wood-framed flower bed and failing to stop following the accident. No injuries were reported.
His blood-alcohol level was allegedly 0.13 by a DWI testing machine.
State DWI czar creates Drunk Driving Buster hotline
The hot line, which motorists can reach by punching the pound sign and three digits — #394 — into a cell phone, was set up in December 2005 as a way the public could help police deal with the state’s chronic DWI problem.
“There’s nothing better for the morale of a New Mexican than calling in a drunk driver and watching the arrest,” state DWI “czar” Rachel O’Connor proudly proclaims. “New Mexicans these days are becoming the enforcers.”
State Department of Public Safety spokesman Peter Olson says the 24-hour hot line is strictly for people to report what appear to be DUI / DWI / Drunk drivers.
While the numbers of calls and arrests have increased, Olson said the arrests this year — 73 for nearly 5,500 calls — have been vastly underreported because 60 percent of the calls have come from Albuquerque, and the Albuquerque Police Department has not reported its DrunkBuster arrests. Last year, there were 36 arrests and 2,579 calls.
In Santa Fe, 613 calls have been made to the hot line this year compared with 170 in all of last year, according to state statistics.
Both Olson and Sgt. Anthony Rivera, head of the Santa Fe Police Department’s DWI unit, said they didn’t know how many DWI arrests have been made in the city. Olson said the city department receives about four or five DrunkBuster calls a night, and they lead to an arrest about once every other night.
Last February, DrunkBuster was credited with helping in the arrest of a man driving the wrong way on Interstate 25 near Glorieta. A trucker who called the hot line just after 1:30 a.m. gave police enough information to find and stop 61-year-old Thomas Lopez of Pecos. And a half-dozen people called 911 in the interim to report him.
Although not every call results in an arrest, Rivera said, he encourages people to call the DrunkBuster number because it helps him and other DWI officers know where to look for drunken drivers.
It’s an important tool not just for getting drunk drivers off the road and arrested but for giving the average person on the road the ability to take part in the fight against DWI.
Albuquerque police Deputy Chief Mike Castro said the department hasn’t reported its DrunkBuster arrests because there was a lot of turnover among operators it trained to do the reporting. Soon, there was no one left who knew how to do it, he said.
The department now is relying on officers to report to it whether they made contact with a vehicle reported through the DrunkBuster number, Castro said.
The Albuquerque Police Department makes more DWI arrests than any other department in the state.
O’Connor said the state has five DrunkBuster operators but two of the positions often have been vacant.
The DrunkBuster program has a budget of between $200,000 and $250,000.
How it works
The DrunkBuster hot line lets people report suspected drunk drivers by calling #394 (#DWI) on cell phones or 877-DWI-HALT on other phones.
Authorities say callers should try to report the make, model, color and license plate number of the DUI suspect’s vehicle as well as its direction of travel and last known location.
A DWI state police spokesman said callers also should describe the suspicious activity they see, such as a driver drinking an alcoholic beverage, swerving or having difficulty staying in the correct lane.
Friday, July 20, 2007
Sheriff's Deputy gets DUI
DUI Police said Joel Glaser rear-ended a car stopped at a red light on Roosevelt Boulevard at Collins Road. Neither driver was hurt but officers noted in the drunk driving arrest report that Glaser allegedly had an odor of alcohol on his breath, was slurring his speech and was unsteady on his feet.
Officers said Glaser told them he had two beers. Yeah, right.
Glaser refused to take a DUI field-sobriety test. He was arrested and booked.
Officials said Glaser works a regular patrol shift and has worked for the County Sheriff's Office since 2005. Glaser was placed on paid administrative leave.. He can still clear himself. He needs a San Diego DUI attorney.
Judge's DUI : I was not drunk, I was drinking tea
Witnesses claim he swore and refused to take a drunk driving breathalyzer test.
The case involves the arrest of Judge Motata on January 5 after he crashed his Jaguar through a suburban wall in Hurlingham, Sandton. At the time, Joburg metro police and the South African Police Service refused to confirm the identity of the judge, except to say that an official of the justice department had been charged with drunk driving and malicious damage to property.
A witness at the scene said he had been shocked to find out that the man was a judge - something he discovered when he looked into the car's open boot.
Immediately after the crash, another witness recorded an exchange between Judge Motata and the owner of the smashed wall on his cellphone.
A transcript of this conversation records Judge Motata allegedly saying: "I know the law. Ja, you must not look at me as a black man. Let me go before the law. F*** him. F*** him. Anybody who insults me, I say f*** you."
The judge denies this. He later told a newspaper: "I was not drunk at all. I had been with one of my colleagues earlier that night drinking tea."
Prosecutor Zaais van Zyl stated that "new developments" had come about since Judge Motata's last appearance in May, which had resulted in neither the prosecution nor the DUI defense being ready to proceed with the trial.
The first was that the state had managed to get a statement from an expert witness.
Officer suspended for DUI
July 20, 2007
A Saskatoon Police Service constable who admitted to causing an accident while driving drunk has been suspended without pay for 30 days.
Matthew F. Ward pleaded guilty in Saskatoon provincial court to driving with a blood-alcohol level over .08. Ward was off-duty at the time of the April 16 collision at Cumberland Avenue and Main Street. He drove through the four-way stop at Cumberland, slamming into the front right side of a car with three people inside. No one was injured in the DUI collision.
Ward failed a DUI / DWI breathalyzer at the scene and was taken to the police station, where he gave another breath sample. The readings were .13 and .12. The DUI incident prompted Ward to seek counselling for his drinking.
He was fined $750 and prohibited from driving for one year.
Star Lindsay Lohan booked on California DUI charge
Star Lindsay Lohan learned this week after she was officially booked at the Beverly Hills Police Department on charges of California DUI driving under the influence and hit-and-run.
Around Memorial Day, Lindsay Lohan allegedly was driving drunk or California DUI when she smashed her car into a set of trees, fled the scene, and appeared later at a hospital where she was treated for minor injuries. There were also leaks from the police report that alleged that a usable amount of cocaine was found in the car abandoned by Lindsay Lohan. After a couple more days of partying, Lindsay Lohan dropped into Promises rehab center, which she was just released from after a 45-day extended program. Now, she's officially been booked.
Lindsay Lohan arrived at the Beverly Hills Police Department yesterday afternoon around 4:15pm and was detained for about an hour. After being booked, Lindsay Lohan posted $30,000 bail and was released on her own recognizance. The arraignment hearing for LiLo is scheduled for August 24th.
On May 26, Lindsay Lohan was driving on Sunset Boulevard after a night of partying. According to reports, Lindsay allegedly lost control of her Mercedes SL-65 and jumped a curb where she landed in some trees. She wasn't booked at the time, after being treated for her minor injuries, because police had determined that alcohol had not contributed to the accident. Two days later, Lindsay Lohan checked in to Promises in Malibu, where she spent much of the last 45 days.
It is questionable if the DUI charges now facing Lindsay Lohan includes the alleged cocaine found in the car. Last month, it was allegedly leaked that cops found cocaine in the system of Lindsay Lohan and that her blood-alcohol level was double the legal limit. This has not yet been confirmed.
Country star Collie charged with DUI
Country singer Mark Collie charged with DUI
July 20, 2007
Country music singer Mark Collie was arrested last night and charged with DUI by a Vanderbilt University police officer.
Officer Jeremy Douglas Baker allegedly found Collie slumped over behind the steering wheel of a car near 21st Avenue and Scarritt Place while responding to a call to check on a man there, per official affidavit.
Collie was in the driver’s seat with the car running and keys in the ignition, the affidavit said.
“When I woke Mr. Collie up and asked if he was ok, he began to speak and (allegedly) had a strong odor of alcohol coming from his mouth,” the affidavit allegedly said. “Mr. Collie (allegedly) stated he had drank a beer. Mr. Collie (allegedly) had bloodshot and watery eyes.”
The officer said Collie agreed to take field sobriety tests, but allegedly was unable to perform the tasks.
The officer also charged Collie with implied consent because he allegedly refused to allow his blood to be drawn allegedly unless his personal doctor was present.
Mr. Collie is a fine family and community man. He disputes the charges!
Felony DUI charged after accident with six injuries
Dingess arrested for felony DUI after Paradise Cove wreck
07/20/2007
LUCERNE California -- Six were injured in a three-vehicle collision that stopped traffic on Highway 20 near Paradise Cove Thursday night, leading California Highway Patrol (CHP) to arrest a Lower Lake man for suspicion of felony DUI.
CHP Officer Adam Garcia said the DUI arrest was raised to a felony because the incident resulted in injuries.
Joseph Dingess was driving a red Ford Ranger west on Highway 20 just east of Cora Drive when according to a CHP press release, he lost control of his vehicle and crossed double-yellow lines. The Ranger hit the left side of a yellow Pontiac Firebird in the opposite lane, then continued out of control, its rear end hitting the front of a silver Toyota 4Runner also headed east behind the Firebird.
Highway 20 was closed at 7:30 p.m. for about an hour, with one-way traffic control for another half an hour.
A total of six were injured, drivers and passengers included, and five were taken to local hospitals.
Thursday, July 19, 2007
MADD goes to Congress on warpath vs. DUI
July 19, 2007
Here's a message from MADD
MADD (Mothers Against Drunk Driving) recently announced that alcohol-related traffic deaths are at an all time high since 1992 and has called upon Congress to hold immediate hearings to address solutions.
According to NHTSA, alcohol-related traffic fatalities exceeded 17,900 for the year 2006, the highest number in 15 years.
Here's what MADD wants to say:
We all have known people who have lost a loved one in a car crash caused by a driver who was legally drunk. Our firm has handled hundreds of cases where alcohol was the cause of a motor vehicle crash that resulted in death or serious injury to innocent victims. MADD believes that the reason people continue to drive drunk, despite the devastating effect it has on families, is because they can. There are 1.4 million drunk driving arrests in this country every year and we must make sure these individuals never drive drunk again. Please support MADD in calling upon Congress to developing a plan of action and support its Campaign to Eliminate Drunk Driving. This is chance to get involved and do all we can to stop this senseless tragedy that affects not only the victims who are killed or injured in the auto accident, but also their families and friends.
Eve Jeffers complies with DUI terms
Rapper/actress Eve, who was due in court Friday to show proof of her sobriety in connection with a DUI plea, appeared early and apparently met all the conditions of her probation.
Eve, whose full name is Eve Jihan Jeffers, pleaded no contest last month to misdemeanor DUI / drunk driving stemming from the April 26 crash of her Maserati in Hollywood.
The entertainer was alone in the gold sports car when it crashed about 2:45 a.m. at Hollywood Boulevard and Sycamore Avenue. No one was injured.
The 28-year-old Grammy Award winner pleaded no contest to California driving with an alcohol level of .08 or above and was sentenced June 28 to 36 months probation by Los Angeles Superior Court Judge Richard Kemalyam.
Under the terms of her probation, she must wear an alcohol monitoring device for 45 days. While wearing the device, called SCRAM, Jeffers can have "no measurable amount of alcohol in her system."
She was also required to enroll in a first-offender alcohol education program for three months and attend 10 Alcoholics Anonymous meetings.
MADD gets another DUI - Insurance Bill
July 19, 2007
Florida Governor, Charlie Crist signed a bill which requires repeat DUI offenders to carry a certain type of DUI / Drunk Driving insurance.
Those with a history of DUI / driving under the influence must carry bodily injury coverage in the amount of $100,000 per person/$300,000 per incident/$50,000 in property damage.
Mothers Against Drunk Driving pushed for the passage of the legislation.
Aggravated DUI for woman who would not stop
The lights are on but woman doesn't stop for police
Jul. 16, 2007
A woman in a stolen vehicle kept driving even though a police car was following her with its lights and siren on because, "I thought you guys weren't allowed to chase me".
Tasha Kaylinn Alexander, 33, was arrested about 3 p.m. Sunday after failing to stop after the officer noticed the stolen vehicle in a Circle K parking lot at Alma School Road and Main Street in Mesa, DUI police said.
Alexander continued driving until she hit a brick wall in the 400 block of West Main Street, police said. Alexander attempted to run from the scene but was apprehended.
"I took off because I thought you guys weren't allowed to chase me," Alexander told police, according to a report. "I couldn't believe you chased me."
Police discovered a 2-year-old in the back seat of the car who was not in a child restraint seat.
Alexander had a warrant for her arrest and told police that she had gotten out of prison in December, police said.
She was arrested on suspicion of theft by means of transportation, unlawful flight from a law enforcement vehicle, aggravated DUI and driving on a suspended license, aggravated DUI with a passenger under 15, endangering the life of a minor and criminal damage, according to police.
Judge Won't take any more DUI cases until his DUI is cleared
District judge won't hear DUI cases until his own is resolved
07/19/2007
Judge John Olwert will not preside over any DUI cases until his own drunk driving charge is resolved in county court.
The Stewartstown judge was stopped just before midnight June 9 at the intersection of Route 30 and the Susquehanna Trail. Olwert allegedly failed field sobriety tests; further tests purportedly revealed his blood-alcohol level was 0.10 percent.
In Pennsylvania, an adult is driving drunk if his or her blood-alcohol level is 0.08 percent. Common Pleas President Judge Richard K. Renn said he reviewed the situation with the help of county court administrator Bob Chuk.
Renn determined that to avoid any appearance of conflict of interest, Olwert would not preside over preliminary hearings in DUI cases. If needed, other judges will take Olwert's DUI cases.
Influential State Legislator's DUI delayed
07/19/07
A court hearing for an influential state legislator was postponed yesterday at his DUI lawyer's request.
State Rep. Ben Harbin (R-Evans), chairman of the House Appropriations Committee, was charged with DUI after slamming into a utility pole on May 20 along Memorial Drive in Atlanta, near Oakland Cemetery.
A police report stated that Harbin smelled of alcohol, had slurred speech and had trouble keeping his balance. He was also charged with striking a fixed object and failure to maintain lane.
His Drunk Driving lawyer Robert Highsmith — a former member of the State Ethics Commission and former counsel on Gov. Sonny Perdue's staff — asked that Harbin's DUI case be postponed. The request to postpone was a routine procedure allowing his criminal defense attorney to get the information necessary to properly prepare a DUI / Drunk Driving case.
Wednesday, July 18, 2007
County Detention Officer busted for DUI
July 18, 2007
County detention officer Christopher Cal-Yuma has seen hundreds of inmates come through the jail facility. The other morning he was one of them after being busted for alleged DUI / drunk driving.
The DUI was allegedly extreme.
According to the police report, Cal-Yuma was driving west on Route 66 when he abruptly changed lanes, not seeing a Flagstaff motorcycle officer right next to him.
"There was no accident, there was no collision, but the officer described the vehicle margin three-quarters of the way into his lane," said Sgt. Tom Baughner with the Flagstaff Police Department.
According to the police report, when the officer asked Cal-Yuma to lift one leg and count to 20, he dropped his leg seven times and couldn't finish the field sobriety test that was administered at the scene. Those along with other things prompted the DUI arrest.
Nobody was at Cal-Yuma's home, but he is still employed with the sheriff's department.
The outcome of the criminal case will determine any disciplinary action.
The second-year officer was cited and released, which begs the question was he given preferential treatment? According to Baughner, no.
"The reason being is we try to cite and release anyone we can because of the cost of the detention," he said.
Cal-Yuma is back to work as a detention officer pending the outcome of the DUI / Drunk Driving charges.
DUI frequency up in Finland
Drunk Driving on the Rise
17.07.2007
The number of cases of drunk driving rose sharply during the first half of this year.
According to Statistics Finland, assaults were up by 16 percent compared with the first half of last year, while cases of DUI driving under the influence rose by 11 percent.
The incidence of reported rapes also rose significantly, up by 14 percent to nearly 400 cases in six months.
Overall, reported crimes and misdemeanours -- including traffic offences -- rose by eight percent during the six-month period.
Villa Park, IL DUI Officers honored for DUI arrests
Eight Villa Park police officers were recognized for their outstanding efforts in keeping drivers from DUI driving under the influence during a Villa Park Board of Trustees meeting on Monday, July 16.
The eight officers were recognized by the Illinois Department of Transportation (IDOT), as well as the Alliance Against Intoxicated Motorists (AAIM) group, whose purpose is to prevent deaths and injuries caused by intoxicated motorists in Illinois, and to help victims and their families.
"These officers are representatives of our very proactive, aggressive program that we have at the department to enforce DUI laws," said Villa Park police Chief John Payne. "The other members of the department, especially the patrol force, are also an active part in that area too."
Police officers who were recognized with pins from IDOT included Jerry Skiba (25 DUI arrests), Kordell Kitching (25 DUI arrests), Bryan Hruby (25 DUI arrests), Tony Perkins (50 DUI arrests), Jose Pagan (100 DUI arrests) and Louis Easton Jr. (100 DUI arrests).
All numbers are since the state started keeping track of individual DUI arrests in 2001.
Villa Park police officers Kevin Conner and James Cihak, who had 72 and 60 DUI arrests in 2006 respectively, did not receive a pin because they are just short of the 300 DUI arrests mark.
All officers received recognition from AAIM.
Payne was very proud of his officers.
"I appreciate all of their efforts," said Payne. "I personally want to thank them for their hard work in all areas, but in particular the issue of DUI enforcement."
In the AAIM 2006 DUI Survey, the village's police department ranked fourth in the state when it came to 2006 DUI arrest rate per officer.
In 2006, the department had 345 DUI arrests with 39 sworn officers, equating to approximately 8.85 DUI arrests per officer.
This was a 27.8 percent increase compared to 2005, when the department had 270 DUI arrests.
Of the 345 DUI arrests in 2006, Conner made 72 arrests, Cihak made 60 arrests, Perkins and Easton both make 48 arrests, and Kitching made 24 arrests.
Police departments ahead of Villa Park on the survey included Wauconda (218 total DUI arrests, 8.85 DUI arrests per officer), Carol Stream (584 total DUI arrests, 9.42 DUI arrests per officer) and Itasca (238 DUI arrests, 9.52 DUI arrests per officer).
Lombard ranked 19th in the state with 359 total DUI arrests with 73 sworn officers, equating to 4.92 DUI arrests per officer.
According to Villa Park police Lt. Ray Fisher, it is a big deal that the department is ranked in the top five considering the size of Villa Park.
"This just shows what is getting done when it comes to DUI enforcement in the village. Everyone in the department is working hard," said Fisher. "Arrests have been increasing, and people are starting to realize that they can't drink and drive."
Funding for extra DUI patrols has been funded by DUI grant money that was obtained through IDOT.
For more information about IDOT, visit www.dot.state.il.us, and for more information about AAIM, visit www.aaim1.org.
University President Frawley's DUI case postponed
July 18, 2007
Frawley's DUI case may be postponed
The DUI case against ousted University of Mary Washington President William J. Frawley is expected to be postponed again.
Frawley, 53, had been scheduled to appear in Fredericksburg General District Court tomorrow. But Fredericksburg Commonwealth's Attorney Charles Sharp today said prosecutors still are awaiting blood-test results subpoenaed from Mary Washington Hospital. The hospital and university are separate entities.
The university's board of visitors fired Frawley "for cause" in late April, after he was charged with DUI / driving-under-the-influence in two separate incidents on consecutive days that month in Fairfax County and Fredericksburg.
He is scheduled to appear in a Fairfax court in September.
DUI Arrests Increase in Hawaii
DUI arrests up 9 percent on Big Island
July 18, 2007
Police on the Big Island arrested 22 motorists for DUI/ drunk driving last week, bringing the number of DUI arrests this year to 714. DUI arrests are up 9 percent over the same period last year, when 656 DUI arrests were made.
Of the 22 arrested last week, three of the drivers were involved in a traffic crash. One of the drivers was under the age of 21.
While DUI arrests are up, major accidents on the Big Island are down 18 percent from a year ago. There have been 1,132 major accidents in 2007, compared with 1,378 during the same period last year.
DUI roadblocks and patrols are continuing island wide.
Ice Cream Truck DUI Driver avoids jail, delivers this summer
July 18, 2007
MILFORD, Conn.
There won't be any time in the cooler for a woman accused of driving her ice cream truck while drunk.
Susan Bottacari, 45, of Milford, was pulled over in May 2006 after being seen driving erratically and nearly striking a security guard at the Southport Brewing Co. parking lot, police said.
A Superior Court judge has allowed her to enter an alcohol education program that would result in the drunken driving charge being dismissed if she attends classes for a year and stays out of trouble.
State prosecutors strongly objected to Bottacari getting the program.
"It was serious. A person who's driving an ice cream truck shouldn't be driving drunk and, if they do, they shouldn't get the (education program)," Assistant State's Attorney Melanie Cradle said this week.
Bottacari's license to sell ice cream was pulled after her arrest last year and she has not applied for a new one, police said. Her driver's license was also suspended for six months.
When police stopped Bottacari, they said she almost fell out of her truck. She refused an alcohol test. Authorities said they found an unopened vodka bottle in a cooler in the truck.
Peter Stark, Bottacari's DUI lawyer, declined to comment. There is no listing for her home phone number.
Bottacari had been driving an ice cream truck in Milford since 1993 and was in the process of renewing her license when she was arrested, officials said. She was already on a form of probation for a narcotics possession charge when she was charged with drunk driving/ DUI / DWI.
DUI for Woman with Roach-Covered Kids in Backseat
July 18, 2007
Woman Arrested for DUI With Roach-Covered Children in Backseat
Officers who pulled over Tammie Nava for suspected DUI discovered her two children, ages 1 and 3, in the backseat covered in feces, urine, and roaches. They were sitting in a pile of garbage.
Tammie was pulled over after hitting a median and swerving into another lane of traffic. Her blood-alcohol level was almost twice the legal limit for a DUI.
When the officer reached into the car to unbuckle one of the children, three roaches ran across his hand. The children are now in the care of their grandfather.
3 Military Officers suspended after Drunk Driving claims
July 18, 2007
ASHIYA, Fukuoka -- Three Air Self-Defense Force (ASDF) officers have been suspended from duty for alleged drunk driving .
A 25-year-old airman 1st class was suspended from duty for 30 days for driving a car on the force's Ashiya base in Fukuoka Prefecture in the early hours of May 13 after drinking alcohol.
Two other airmen aged 20 and 21, who were passengers in his car at the time, were suspended from duty for 20 days.
DUI Lawyer works for acquittals to be sustained
2007-07-17
Arbitrary police detention — no matter how brief — can’t be justified by a “flexible” approach to the law, a DUI lawyer argued today.
DUI Defense counsel Ian Savage said delays of one and four minutes which resulted in drunk driving charges being tossed were unconstitutional.
Savage said Justice Sandy Park should reject a Crown appeal of acquittals of two of his clients after lower court judges ruled their rights were violated.
Prosecutor Shirley Jackson argued provincial court judges Allan Fradsham and Terry Semenuk both erred by ruling roadside breath tests weren’t properly administered.
The judges said cops in both cases acted improperly by not immediately reading a demand for breath samples once they suspected the motorists had been drinking.
Savage said because the demands weren’t given “forthwith” his two clients weren’t properly informed of the reason why they were being detained by police.
Section 10(a) of the Charter says anyone who is arrested or detained has the right to be promptly told why.
If you don’t read out to the suspect the formal reading of the demand and you start taking them some other place ... that’s a 10(a) violation.
“They have a right to be informed of the reason for their detention.”
At issue is two cases involving Calgarians who were pulled over at Checkstops.
In one, Nicole Suzanne Muirhead was stopped by now retired Const. Ray Maynard in the early morning hours of Feb. 25, 2004.
Muirhead, 31, admitted she’d been drinking, but instead of reading her the demand for a breath sample, Maynard walked her to the Checkstop bus and asked for it there.
Fradsham ruled the one minute delay violated her right against arbitrary detention rendering the results of her testing inadmissible.
In the second case, Daniel Robert Wilson was charged with impaired driving and failing a breath test after he was stopped May 27, 2005, by Const. Ross Jackson. Four minutes after Jackson formed the suspicion Wilson, had been drinking, the officer made the demand for a breath test.
DUI Prosecutor gets sweet deal on his own DUI
Richard Guinan of Mount Washington, was one of eight people arrested and charged in Fairfield with DUI driving under the influence at a checkpoint set up on Dixie Highway.
Guinan admitted to an amended charge of operating a vehicle under the influence and wanton disregard, and must complete an alcohol treatment program.
He was also fined $1,000, sentenced to two years of probation and had his licensed suspended.
Guinan works in the prosecutor's office's felony division, where he had in the past tried DUI /drunk driving cases.
He had $750 of his fine suspended, along with a 180-day jail sentence
Tuesday, July 17, 2007
Fatal DUI Crash brings Charge of Murder to 2nd Degree
REGIONAL: FAIRFIELD MAN HELD TO ANSWER TO DUI CRASH MURDER CHARGES
07/17/07
A Fairfield man will return to Solano County Superior Court in August to re-enter pleas to murder, California DUI and drug charges in connection with a fatal California DUI crash.
Isidro Pena Soto, 26, was held to answer after a preliminary hearing Monday to the second-degree murder of 33-year-old Kent Boone of Antioch in a head-on crash March 31 on state Highway 12 east of Fairfield. Soto also faces a trial for California DUI and possession of methamphetamine in his Ford Expedition.
The California Highway Patrol said Soto crossed double yellow lines to pass vehicles at 90 mph and lost control of the Expedition which struck Boone's Ford F-350 truck. Boone, a father of five, died at the scene.
DUI suspect on the run - $50,000 bond forfeited, faces 15 years in prison
DUI suspect on the run
July 17, 2007
BRADENTON Florida A St. Petersburg man accused of crashing a car while driving drunk and killing a passenger last year, is on the run after failing to appear for a court hearing.
Jabe Ira Carney, 24, had been free on $50,000 bond while awaiting his DUI manslaughter trial, set to start Monday.
But when Carney skipped a pre-trial hearing at the Manatee County Courthouse on Friday, Circuit Judge Janette Dunnigan issued a bench warrant for his arrest.
Carney is charged in the Feb. 5, 2006, death of Jason Michael Gibson, 26.
Carney was returning to a drug rehabilitation program in St. Petersburg when the Jeep Grand Cherokee he reportedly was driving crashed on Interstate 275 near U.S. 19.
Gibson, who sat in the back, died during the single-vehicle crash. Angela Marie Doak, who sat in the front seat, also was injured.
Doak told Florida Highway Patrol troopers that she borrowed the Jeep from Carney's mother and drove to St. Petersburg to pick up Carney and Gibson. She said the three friends bought beer and later drank at Three Oaks Bar & Grill and Woody's River Roo in Ellenton. Doak told investigators Carney was driving.
Carney allegedly was on I-275, heading to St. Petersburg, when he swerved to avoid a vehicle that had slowed for the Sunshine Skyway Bridge toll booth. Carney, according to FHP reports, was speeding and lost control of the vehicle, which flipped six times.
He was driving with a blood alcohol content of 0.11, according to FHP reports. The legal limit in Florida is 0.08.
During a conversation at Bayfront Medical Center between Carney and a Florida Department of Law Enforcement trooper, Carney reportedly told a trooper, "I really messed up this time."
In February, a judge ruled jurors won't be allowed to hear that statement because troopers got it before Carney was read his Miranda rights.
If convicted of DUI manslaughter, Carney faces a potential 15-year prison term.
KC Chiefs' Jared Allen suspended after DUI arrests
Allen, with 7 1/2 sacks last season, will sit out first 2 games of season
July 16, 2007
NEW YORK - Kansas City defensive end Jared Allen has been suspended by the NFL for the first two games of the 2007 season and fined an additional game check following two DUI arrests .
Allen told the Kansas City Star last April that he had been suspended for four games. At that time, the NFL declined comment because the case was under appeal.
DUI offenders have psychiatric disorders
"While other studies have examined symptoms of depression as a predictor of change during interventions for DUI offenders, ours is the first to examine formal diagnoses of drug use and other psychiatric problems," said Rebekka S. Palmer, corresponding author for the study.
"We found that 42 percent of first-time DUI offenders reported a lifetime history of drug abuse or dependence," Palmer said in a news release. "Marijuana abuse or dependence was the most prevalent, followed by hallucinogen abuse or dependence, and then cocaine abuse or dependence. Approximately 30 percent of the participants also indicated a lifetime history of anxiety or mood disorder. Social phobia was the most frequent anxiety diagnosis, and major depression was the most common mood disorder."
Drivers With Other Disorders
During the study the 290 participants did significantly reduce their drinking and alcohol-related problems, but some subgroups were less responsive, according to co-author Mary E. Larimer.
"The programs we use to treat DUI offenders to help them stop using alcohol are less effective in the long run for those who have a psychiatric disorder or a drug-use disorder than they are for those who are only experiencing problems with their drinking," said Larimer. "This means those who have another disorder in addition to their drinking problems are at greater risk to drive under the influence of alcohol again in the future, or to be involved in other accidents or harmful situations related to their drinking."
DUI Treatment Should Be Extended
The authors believe current DUI treatment approaches could be modified, enhanced or extended to meet the needs of these subgroups.
"For those with psychiatric disorders," said Larimer, "it may be that treatments need to be longer and more intensive, and/or have specific additional components designed to improve coping resources, teach skills for mood management to counteract the tendency to use alcohol as a way to cope with mood, and help these individuals improve their confidence that they can change.
"This study indicates these individuals are actually more willing and ready to change than those without other psychiatric diagnoses, but they are not sure how and have low confidence in their ability to change, which is reflected in their poorer outcomes."
Targeting Relapse Situations
"For those with other substance disorders, results suggest the need to extend the aftercare components of treatment," Larimer said. "Perhaps clinicians can target additional situations associated with relapse to other drugs that might not be covered in alcohol-focused treatment, and address the ways in which alcohol -- and other drug -- use are related for these individuals."
"Those seeking treatment for multiple disorders might consider investigating the extent to which treatments address issues beyond the cessation of alcohol use alone, and also the extent to which follow-up care is available and easily accessible to meet their needs," she said. "Also, moving these programs into the prevention arena, to reduce rates of DUI prior to citation and conviction, is an urgent public health priority. This is not a simple problem, and one-size-fits-all treatments are not likely to be the solution."
San Diego DUI arrest with injury
July 17, 2007
An Encinitas California man was arrested Sunday night on suspicion of San Diego DUI / drunk driving after he lost control of his car on Interstate 5 near Clairemont Drive in San Diego.
One of the three passengers was ejected and seriously injured.
Witnesses said the car was speeding when it went down an embankment. Two others were also injured.
Northbound I-5 was backed up for nearly two hours after the crash, which was reported about 9:30 p.m.
A San Diego DUI lawyer will handle this case.
NBA star Vin Baker DUI / DWI in drunk driving court today
NBA star Vin Baker faces DWI charge in Norwich court today
July 17, 2007
NORWICH
Former NBA all-star Vin Baker, recently charged with DUI / DWI driving while impaired on Route 2 in Norwich, is scheduled to appear today in Norwich Superior Court.
Norwich and state police stopped Baker, 35, when they observed his black Range Rover operating erratically on Route 2 shortly after 3:30 a.m. June 19.
Baker failed a DUI sobriety test and was charged with driving while impaired / DWI / DUI / drunk driving.
Monday, July 16, 2007
Maryland Chief arrested for DUI
T. Eloise Foster is the Maryland Secretary of Budget and Management. She was arrested for DUI June 9th by a Maryland State Police trooper.
She was charged with failure to drive within a single lane, DUI - driving while under the influence and driving while impaired by alcohol / DWI .
Local Cop popped for DUI
According to the Shawnee County Jail, Justin Wagstaff was brought in for a DUI and for allegedly illegally passing on the right.
Oklahoma State Senior Star charged with DUI - suspended
"We are taking this matter very seriously,” OSU coach Sean Sutton said. "Marcus will be suspended and punished. I'm extremely embarrassed and disappointed. We're going to work hard to re-establish the discipline and attitude of doing the right things and representing this program properly.”
"We've made every attempt to handle certain situations internally, but obviously, the message is not getting through to some of our players. They need to understand and respect what it means to be a member of the Cowboy Basketball family.”
Junior Terrel Harris was arrested for trying to use a fake ID in May and sophomore Obi Muonelo was arrested for being underage in a Stillwater bar on June.
Sutton said he was especially frustrated because he has addressed drinking issues in team meetings numerous times in recent weeks.
NFL star KC Chiefs Allen suspended after DUI
Allen, 25, agreed to enter a diversion program after the first DUI charge and pleaded no contest to the second DUI.
No-Deal DUI Policy clogs Montana court
July 16, 2007
City commissioners Tuesday night in Montana will consider issues including how it deals with drunk drivers.
Commissioners will hear police, prosecutors and the municipal judge discuss the city policy to prohibit plea bargaining in DUI / driving under the influence cases.
The no-deal DUI policy has clogged trial dockets in municipal court.
Kids go for drunk driving ride with mom
A mother who drove with two children in the car while over the alcohol limit has been banned from driving. Police went to Anne Helen North's home near Mold, Flintshire, after there were concerns about her condition when she picked up the children from school.
The 39-year-old gave an alcohol reading four times the legal driving limit, Flintshire Magistrates' Court heard.
She admitted drunk driving and was given a three-year ban, placed on supervision and ordered to pay costs.
Prosecutor Andrew Warman told the court that on 6 June the officers who visited her Penyffordd home could see that she was drunk.
North claimed that she had had her last drink the night before, but she gave a positive breath test and was arrested for drunk driving.
Later at Mold police station, North was tested again and gave a reading of 151 micrograms of alcohol - the legal level for driving is 35 micrograms.
North said she had not realised that she was over the limit.
She said she had drunk four cans of cider the night before, and 90% of another can in the afternoon, before she drove.
But North said she had drunk 90% of another can after she had been driving and before the police arrived at her home.
Describing North's alcohol reading as staggering, defending solicitor Nic Parry added that since the incident she had transformed her life.
Drunk Driving joyride through Town Park results in DUI arrest
Around 4 a.m., Great Barrington MA Police Chief William Walsh allegedly saw Jacqueline M. LaBonte, 20, of 25 Pumpkin Hollow Road driving her pick-up truck over the Town Park lawn and tearing up the grass.
A few minutes later, Officers Ryan Lucy and Joseph O'Brien stopped the truck on Pine Street. The vehicle was covered with mud.
The officers issued several DUI sobriety tests to LaBonte who failed them all. She was subsequently arrested and brought to the police station where she was charged with driving under the influence of alcohol / DWI / Drunk Driving / DUI .
Man fined $75 for not drinking & driving
July 16, 2007
Ross Bayley thought he was doing the right thing when he left his car at work after drinking a few glasses of wine over dinner.
But to Bayley's surprise when he returned to his car at 8 a.m. the next morning, he found a $75 ticket on his windshield after parking his car in a city-run parking lot in downtown Newmarket on Botsford St. near Main St.
I was so annoyed I marched right over to city hall and told them I was being a responsible person by not driving home. They reduced the ticket to $50, but I told them they should reduce it to zero or I'll fight it in court and they wouldn't, so I'm going to fight it in court, Bayley proclaimed.
Bayley, who owns the Theatre On Main, says Newmarket needs to change its parking enforcement bylaws to allow overnight parking in parking lots and town streets downtown.
I could understand being fined a few dollars, but the size of the ticket is just a cash cow, Bayley said.
Statistics show the town of Newmarket has issued 1,282 tickets this year for violating the three-hour parking limit.
Mayor Tony Van Bynen said the bylaws were enacted after two years of discussion with community residents and business owners.
Mr. Bayley did make the correct decision in deciding not to drink and drive and quite frankly, the consequences of drinking and driving / DWI/ DUI / Drunk Driving are much more severe than a parking ticket.
San Diego DUI Crash injures 1, crashes in Bay Park area
Yahoo.com
July 16, 2007
A person was seriously injured when a vehicle driven by someone who police suspect was San Diego California DUI / San Diego Califoirnia drunk driving , crashed in Bay Park area.
The alleged solo-vehicle San Diego DUI / San Diego Drunk Driving wreck occurred about 9:30 p.m. Sunday on northbound Interstate 5 at Clairemont Drive, per CHP.
One of three people in the vehicle, which was being driven at a high speed, was ejected from the vehicle and suffered major injuries.
The driver was arrested on suspicion of San Diego DUI / San Diego California Drunk Driving.
Colleges cutting alcohol & drunk driving
California State Universities have been implementing many programs over the past six years to educate students about responsible behavior and to curb alcohol problems such as California DUI / California drunk driving.
On July 10, The CSU Board of Trustees heard the third biennial report on the success of the Alcohol Policy and Prevention Program.
To educate students and gauge drinking behaviors, the CSU campuses have implemented several online interventional and feedback tools, such as e-CHUG and e-TOKE, which are used at Humboldt State, CSU Sacramento and San Diego State.
The online survey tools were developed by counselors and psychologists at SDSU to act as "interventions" to reduce levels of dangerous use and curb the potential consequences of such use, such as sexual assault, alcohol poisoning and DUI injuries and/or death.
Another program SDSU has introduced is known as "Operation: Campus Sweep," which aims to reduce advertising that doesn't comply with campus posting policies. The strategy behind the program is that many of the illegally posted advertisements are for alcohol-related activities, so it not only improves campus appearance, but also reduces the knowledge of (and therefore access to) heavy drinking locales.
SDSU also participated in the CSU Alcohol and Traffic Safety project. The Office of Traffic Safety funded 16 CSU campuses, totaling $750,000, for 2005 and 2006.
The report highlights showed that during its participation in ATS, SDSU saw an 18.8 percent reduction in incidence of driving after drinking, which is more than twice that of CSU Sonoma and more than three times that of CSU Chico. CSU Fullerton had a reported 50 percent reduction in incidence of California DUI / California Drunk Driving / driving after drinking.
SDSU received nearly $845,000 in grants between 2005 and 2007 to support its alcohol education, prevention and enforcement programs, with the largest grant coming from the National Institute on Alcohol Abuse and Alcoholism.
Vivica Fox California DUI - impairment & name-calling
July 16, 2007
A California DUI / Drunk Driving CHP 202 police report claims actress Vivica Fox exhibited signs of California DUI intoxication and had called a California Highway Patrolman a "racist white cop" during her California DUI / California drunk driving arrest.
Fox was allegedly spotted speeding and weaving on a Los Angeles, California freeway and was arrested for California drunk driving or California DUI.
Fox was held in a Van Nuys, California DUI jail and later released on her own recognizance. Her court date is scheduled for July 19, 2007.
DUI laws in Tennesee - changes in the forecast?
34 year old Tracy Edward Stanfield was stopped when a Hamilton County sheriff’s deputy noted he was ‘‘straddling the white line’’ on the road, a DUI / drunk driving arrest report stated.
Stanfield allegedly told the officer he had had six to eight beers and had been taking Hydrocodone and Xanax. He also said he did not have a license because it had been revoked for DUI.
Tennessee Department of Safety records show Stanfield has had 12 license revocations — eight of which were alcohol-related — and four suspensions. He is eligible to get a new license in June 2009 after paying a $1,582 reinstatement fee, department spokesman Mike Browning said.
Law dictates that fourth or subsequent DUI offenses lead to a minimum of 365 days in jail with a minimum of 150 days served, a five-year license revocation, plus fine payment.
Prosecuting DUIs is tough. The laws in Tennessee are not, as indicated by the county’s DUI prosecution unit.
Hamilton County Sessions judges traditionally give minimum sentences in DUI / drunk driving / DWI cases unless they involve injury, significant property damage or an atrocious driving record.
The Governor’s Task Force on DUI Laws in Tennessee may change DUI laws during the next General Assembly.
The task force — composed of judicial and law enforcement officials and citizen activists — was appointed in March 2006 to recommend improvements for the state’s DUI laws, said Poole, the group’s administrator.
Recommendations include increasing opportunities and funding for drug and alcohol treatment. Poole said a top priority is targeting repeat offenders like Stanfield. He said he hopes to see a measure adopted that would allow administrative license revocation, which would let law enforcement seize a suspected drunken driver’s license upon arrest rather than waiting for the state to take action after a DUI / DWI / drunk driving .
DUI Checkpoint update for California
07/15/2007
FONTANA California DUI news:
Police arrested 13 people after a checkpoint for California DUI / California drunk driving and cited 43 others during a California DUI / drunk driving and driver's-license checkpoint conducted this past weekend.
The checkpoint at Base Line just west of Live Oak Avenue ran from 6 p.m. Saturday to 1 a.m. Sunday, according to a police news release.
Two people were arrested on suspicion of California DUI - driving under the influence, and 11 were arrested for other offenses.
Officers stopped 99 out of the 2,909 vehicles that passed through the California DUI checkpoint.
California Office of Traffic Safety grant money funded the operation.
At least 2 California DUI Defense Attorneys may be consulted.
Miss Nevada is Spokeswoman Against Drunk Driving
Caleche Manos, center, Miss Carson City, was crowned Miss Nevada 2007 at the Grand Sierra Resort. Miss Las Vegas was second runner-up.
She is a spokeswoman for Mothers Against Drunk Driving in Northern Nevada, after her brother, Caylin, was killed at 19 by a DUI / drunk driver.
Escondido DUI Sweep over weekend
July 16, 2007
Escondido California DUI police arrested two San Diego DUI motorists during a weekend patrol targeting drunk drivers.
The operation was conducted between 6 p.m. Saturday and 1 a.m. Sunday.
Police arrested two motorists for San Diego DUI / driving under the influence, issued 37 citations and impounded nine vehicles because their drivers were unlicensed, driving with a suspected license or arrested.
Sunday, July 15, 2007
Police race to get most Drunk Driving arrests
Sunday, July 15, 2007
Trolling two square miles for 4 hours in Waldorf, fishing for drunk drivers.
DUI Officer Lemerise arrests a DUI suspect in Waldorf.
In 2006, he charged 142 motorists with driving under the influence or driving while impaired / DUI - DWI .
Oh, he has made some stops, seven so far. But on this shift, which has stretched into early morning, every driver pulled over for weaving or stop-sign rolling or nicked taillights has been sober.
Why not head somewhere else? Because as the best fishermen like to say: Never leave fish to go look for fish.
Lemerise gets excited as a car whizzes by from the opposite direction on Old Washington Road. He makes a U-turn, hits the gas and races after it.
Over the past two years, Lemerise has arrested more drunk drivers than any of the nearly 1,600 troopers in the Maryland State Police. Last year, he charged 142 motorists with driving under the influence or driving while impaired / DWI - DUI.
Operating from the troopers' La Plata Barrack, Lemerise has caught drinkers ages 17 to 70, at all hours of the day. He recently nabbed a woman who vomited on his shirt, pants, gun belt and hand, and on another occasion filed DUI charges against an inebriated bicyclist who was weaving in the middle of traffic on Route 5.
Drunk drivers regularly kill themselves and others in Southern Maryland. Relative to traffic volume -- measured by total vehicle miles traveled -- Charles County ranked fifth in alcohol/drug-related crashes, Calvert was seventh and St. Mary's eighth, according to preliminary 2006 data from the State Highway Administration. The year before, DUI drivers caused 32 deaths.
DUI / Drunk Driving Survey
500 Kansas adults were surveyed. Here is what they say:
1. In Kansas, DUI is considered a misdemeanor for the first two offenses. Only on the third offense is it considered a felony.
Do you think DUI should be considered a felony for the first offense?
The second DUI offense? The third DUI offense? Or not until after the third DUI offense?
29% First DUI Offense
47% Second DUI Offense
15% Third DUI Offense
8% After The Third DUI
2% Not Sure
Margin of Sampling Error = ± 4.5%
--------------------------------------------------------------------------------
2. Whether a person is on their third DUI offense or tenth DUI offense, the maximum sentence is one year in jail.
Do you think the amount of time a person spends in jail for DUI should? Or should not? Increase with every offense?
83% Should
14% Should Not
2% Not Sure
Margin of Sampling Error = ± 3.3%
--------------------------------------------------------------------------------
3. Have you ever driven a vehicle after drinking more alcohol than you should have or while DUI?
41% Yes
58% No
1% Not Sure
Margin of Sampling Error = ± 4.4%
--------------------------------------------------------------------------------
4. Have you or a family member ever been convicted of DUI or drunk driving?
31% Yes
68% No
1% Not Sure
Margin of Sampling Error = ± 4.2%
Crime lab neglected 16,000 cases
July 15, 2007
Evidence samples from thousands of crime scenes across Massachusetts, including nearly 1,000 homicides and other deaths and 6,500 sexual assaults, were never analyzed by the State Police crime lab.
Failure by the lab to process potentially crucial DNA evidence from 16,000 cases means that killers and rapists could be walking free. The backlog of samples, found in a refrigerated room at the Maynard laboratory, dates to the 1980s and is of crisis proportions. The backlog is far greater than previously disclosed; lab administrators had acknowledged a backlog of only about 2,000 cases.
The investigation also found 4,000 rape evidence kits from as far back as 1989 that were never even opened to determine whether there was biological evidence that could help prosecutors identify and charge rapists.
The study was ordered by the state Executive Office of Public Safety. In a 57-page report, consultants conclude that the crime lab's problems: allowed to fester, led to a crisis which unnecessarily undermined public confidence in a critical law enforcement function.
The report points to deficiencies that include lack of audits or independent outside reviews, serious questions concerning the qualifications of personnel incomplete and improper documentation, and profile mistakes. It did not conclude that any DNA testing was conducted improperly or raise questions about any cases that have already been prosecuted.
The Patrick administration will likely hire a private company and spend as much as $6 million to analyze samples from cases where the statute of limitations has not expired, said the official. State public safety officials will also contact police departments and prosecutors to determine if there are cold cases that they may now be able to solve. The analysis could involve thousands of cases, according to the official. The state hired Vance to conduct a $267,000 top-to-bottom review of the lab's operations after problems surfaced with the handling of evidence in the Combined DNA Index System, or CODIS, the FBI-funded computer network that serves as a national registry for DNA samples collected from convicted criminals and arrested individuals. State crime labs compare crime scene DNA evidence to genetic profiles in the national database to try to identify suspects. Wow.
What happened here? Criminal Defense Lawyers will have a field day.
NFL Drunk Driving & San Diego Criminal Defense Attorneys
San Diego DUI / Criminal Defense Lawyer news,
aka the NFL Criminal Attorney beat:
NFL training camps will be opening next weekend, which means that players are now down to a few days when they can still get arrested without officially becoming a distraction.
Despite this general malaise, some familiar American athletes could not be deterred from keeping the San Diego County police on their toes, and especially maybe California DUI police working the night shift.
Barely two weeks elapsed between the day NFL commissioner Roger Goodell addressed the league's rookies in a Florida symposium entitled "Please Please Please For God's Sake Stay Out of Trouble," and the arrest of San Diego Chargers' Anthony Watters.
San Diego Chargers' rookie Watters avoided AFC Perp of the Week honors as he appeared to be a victim of circumstance. The police report said someone in the vehicle in front of Watters' threw a projectile that broke Watters' windshield. Watters simply called police, but first took the perhaps unncessary precaution of threatening to kill the thrower, merely a rookie mistake.
Cleveland Browns rookie Mike Mason got arrested for refusing to leave a downtown nightclub, but again, extenuating circumstances as it was before the Goodell symposium.
Detroit Lions defensive end Shaun Rogers got in some trouble when a stripper claimed he touched her inappropriately, a bit of unseemly business that Goodell would not likely have prevented even had he included veterans in his captive audience or even further included a brief presentation on the appropriate handling of strippers. No matter, authorities in Michigan dropped the charges on Friday. Insufficient evidence.
The Oakland Raiders and Miami Dolphins rid themselves of troublesome entities while the relevant police reports were still being e-mailed.
Having twice tasered Fred Evans in the back seat of a cab on South Beach, Miami authorities had a more difficult time getting the massive defensive tackle out of a public conveyance than the Dolphins had getting him out of their plans. The same rush was brought by the Raiders in the case of defensive end Bryant McNeal, arrested only last week in South Carolina on an outstanding warrant issued by police in Clearwater, Fla. It was there, police say, that McNeal sold a Range Rover to a pawn shop owner for $15,000. Florida apparently has some strange law that a party engaged in selling something to another party, must in fact own the saleable item. McNeal was had on a legal technicality.
The Steelers probably showed the best quickness in this area, cutting practice squad linebacker Richard Siegler days before he got busted on charges of operating a fledgling prostitution ring in Las Vegas. While the club's corporate and football operations model remains expansive, a pimp is not an official NFL position.
With the exception of Green Bay Packers' linebacker Nick Barnett getting arrested after a dust-up at a nightclub near closing time, the summer's light schedule was absorbed mostly by the housekeeping on old news. The Chicago Bears finally cut Tank Johnson after finding his name on the Physically Unable To Keep From Driving Around At Three In The Morning, Drunk Or Not list, Jacksonville Jaguars offensive tackle Khalif Barnes got probation after apologizing for allegedly calling the DUI officer who stopped him for DUI a "KKK devil who hates all colored people," and a couple of players were forced to change their positions on dog fighting, generally from whatever to against.
Present and former NFL players encounter DUI problems:
Miami Dolphins star Chris Chambers was just arrested for DUI .
Former NFL star and Fox Sports Commentator Maas was recently arrested in East Peoria, Illinois for felony DUI and other charges. Police allegedly found a loaded revolver, five grams of marijuana, six grams of cocaine, and 28 tablets of the drug Ecstasy. The 45 year old and his passenger were both arrested, and presently awaiting a DUI /criminal bond hearing.
Barring the imminent emergence of some spectacular San Diego California COPS footage in the next week, everyone will go about the business of talking football in actual football terms. And if you believe that, San Diego Chargers' Steve Foley was not San Diego California DUI .
DUI Deaths Lead to Roadside Memorials
July 15, 2007
California DUI or California Drunk Driving roadside memorials have become commonplace in America in the past 20 years.
Busy highways and lonesome country roads have sprouted crosses, flower bouquets and stuffed animals that serve as sad reminders of individual tragedies and the heartbreak they left behind.
The most famous roadside memorial in San Luis Obispo County is the one marking the death of actor James Dean, who died in a car accident near Cholame California in 1955. Dozens of other memorials sprinkle the California roadways, each a stark reminder of unanticipated death, often caused by a California DUI driver.
In Atascadero, a county-made sign designates the spot where a California DUI or California drunk driver killed Andrea Harris, whose image would appear posthumously in public service ads.
The memorials are typically created as a public service — to alert people to a dangerous road or about the hazards of a California DUI or California drunk driving — or as a way to honor the deceased.
On daughter’s sign, the first put up by the county, reads:
“Please don’t drink and drive/In loving memory of Andrea Lee Harris.”
For Andrea, whose image once appeared in powerful anti-drunk driving commercials nationwide, it’s a public memorial the county guarantees to maintain for seven years—but is built strong enough to last well beyond that.
Many state highway departments, including Cal-trans, have taken a stance against roadside memorials (California is one of 15 states that has made them illegal on state highways), even though they often leave memorials in place.
California’s highway department offers signs for victims of California DUI or California drunken drivers. But the signs are expensive ($1,000), so few pursue them.
Even so, the official signs lack the personal touch of a roadside memorial erected by family or friends. On Highway 1 in Cayucos, California, a blue sign memorializes Jackie MacDonald, a former California Poly University Police Department dispatcher who was killed after being plowed at a stoplight by a California DUI or California drunk driver .
Muliple offender goes to different state to get license, kills 5
July 15, 2007
32 year old Brian Stone probably should not have been on the road. Presently locked up behind a $1.35 million bond, he may not be for some time.
Stone was allegedly drinking before his pickup truck collided with another vehicle near Morgantown, knocking it across the median, where it collided head on with another vehicle.
5 people were killed. Seven more were sent to the hospital. Stone was not injured.
Stone is held on 5 counts of DUI driving under the influence causing death and one count of 3rd or subsequent offense DUI.
This is not his first brush with the DUI laws. His West Virginia license was revoked in 2004 after the second of three DUI or drunk driving convictions here. He was also facing charges from two other DUI or drunken driving incidents at the time of the crash.
That should have been enough to keep him off the road, though he managed to get a valid Pennsylvania driver’s license. But people with drunken driving convictions — even those with suspended licenses — getting behind the wheel is not an isolated phenomenon.
There are a lot of crashes caused by repeat offenders, per the Insurance Institute for Highway Safety.
Getting a handle on the exact dimensions of the problem is hard, though, because the national data used by the institute tracks only drivers with DUI or drunk driving convictions within the last three years, and only if they’re involved in fatal wrecks.
According to the institute, drivers with a blood alcohol level above the legal limit were involved in about one-third of all fatal accidents in 2005, the most recent year for which statistics are available. Nine percent of those drivers had prior DUI or drunk driving convictions within the last three years.
Many states have loopholes allowing people convicted of DUI / DWI / OWI / drunk driving to regain their licenses fairly quickly.
In West Virginia, a drunken driving conviction brings an automatic 90-day license suspension. Drivers can get their licenses back earlier if they opt for a ignition interlock device .
Alcohol monitoring system on the cutting edge
July 15, 2007
Like an armrest with a small computer screen, it appears simple.
TruTouch alcohol- monitoring system is now being used by Lackawanna County’s Probation and Parole Department and its Work Release Center is on the cutting edge of technology.
The machine, developed by TruTouch Technologies of Albuquerque, N.M., and named one of the top inventions of 2006 by Time magazine, uses near-infrared light to detect alcohol in a person’s system. It can also distinguish differences in skin to match up registered users and prevent fraudulent readings.
The technology is surprisingly simple, to hear TruTouch Chief Executive Officer Jim McNally, Ph.D., tell it. Body tissue that has alcohol in it absorbs more light than normal tissue.
The machine shines light against the skin of the forearm and then analyzes how much light is reflected.
“Think of it like a flashlight,” he said. “You push it against your skin, and your skin glows. It’s the same principal, but with ... an element that gives a broad spectrum of light.”
Lackawanna County is one of a handful of places where the machine is being used, joining counties in Ohio, New York, Maryland and Arizona. It’s being used here on a free trial basis.
County officials are using it in two ways: to routinely screen the 43 people housed at the county’s Work Release Center, who are tested every day on their return from work, and as part of random testing at the Adult Probation and Parole Department.
It’s the next best thing to blood tests which can take weeks for analysis.
The Probation and Parole Department does urine tests to check for both drugs and alcohol. Getting the tests analyzed costs between $7 and $14 each the department’s director. The department does not do blood tests.
While breath tests carry no cost beyond the disposable straws that people blow into, the machine can cost thousands of dollars and requires calibration every month.
There’s nothing wrong with using breath tests but TruTouch is quicker and needs less supervision.
Users register the first time they’re tested, and the machine can recognize each user based on differences in the epidermis, dermis and subcutaneous layers of skin. After registering, the subject can type an individual user code and take the test almost supervision-free.
It's mostly used as a deterrence factor as people know when they come back, they’ll be tested. The breath tests were random.
Any work-release inmate who tests positive for alcohol on the TruTouch machine will take a breath test to confirm the presence of alcohol. If the breath test comes back positive, they wil be sent back to prison.
So far, the Work Release Center has had no true positives, although they have had a few people test positive on the TruTouch, only to be cleared by a breath test.
Jacquie Sheehey, TruTouch vice president of marketing, said the machine is comparable to a blood alcohol test, and information they’ve received from users indicates a 1 percent error rate.
The county’s Probation and Parole Department is using the system to supplement its other tests. Between 40 and 60 people, most from treatment and DUI court, are called in every day for random testing. Last year, the Probation and Parole Department had about 2,011 clients, the majority of whom were tested for drugs or alcohol at random.
Unlike the Work Release Center’s zero-tolerance policy, Probation and Parole sets a threshold for a blood alcohol level. If a person comes in under the limit, he’s fine.
What happens if someone tests over the threshold depends on the situation: there are graduated sanctions, from a verbal reprimand to in or outpatient treatment to jail.
Only three or four people have tested positive for alcohol using the TruTouch system.
TruTouch is just another way the county is staying on the cutting edge of alcohol- and drug-monitoring technology. When the six-week free trial is up, officials will have to decide whether the system is worth paying for. The machine sells for $10,000.
A New Mexico law enforcement agency, the Bernalillo County Sheriff’s Department, is hoping to be the first law enforcement agency in country to utilize the technology for Drunk Driving.
According to the DWI supervisor of that agency, the machine has been field tested during a county-operated DWI sobriety checkpoint in February 2007.
According to the DWI supervisor, arrested Drunk Driving subjects, who had already submitted to an Intoxilyzer 8000 for evidentiary purposes, were asked to voluntarily submit to Trutouch’s machine with understanding that the chemical test results would not be used in any criminal drunk driving action or civil proceeding.
Saturday, July 14, 2007
California Drunk Driver rear-ends Police Car
July 14
INDIAN WELLS, California
A suspected California DUI driver was arrested on Saturday after he allegedly rear-ended a parked California DUI police car and struck a pedestrian who was being questioned by an officer.
21 year old Alberto Palomares of Indio allegedly crashed his gray Toyota sedan into the rear of a police car near the intersection of Fred Waring Drive and Tennessee Avenue at 1:24 a.m. Saturday morning as the officer questioned two pedestrians. The Toyota, which was heading east on Fred Waring Drive, pushed the police car into one of the pedestrians and struck him down. The front wheel of the Toyota was knocked off in the accident, and the car stopped near Tennessee Avenue.
Palomares was arrested by California Highway Patrol officers on suspicion of DUI / DWI / Drunk Driving/ driving while intoxicated.
California DUI Checkpoint report
July 14, 2007
LAPD Screened 266 Drivers Between Friday Night And Saturday Morning
LOS ANGELES During an overnight license and California DUI sobriety checkpoint in South L.A., officers impounded 49 vehicles and arrested 10 persons for California Drunk Driving .
The operation was held at Western Avenue between Martin Luther King Jr. Boulevard and 41st Drive from 6 p.m. Friday evening to 1 a.m. Saturday. Officers screened drivers heading southbound on Western Avenue.
According to the release, 1,224 vehicles passed through the checkpoint. Of the vehicles, 266 drivers were screened. There were 10 California DUI arrests .
Increase in American DUI cases overseas
July 14, 2007
The Joint Multinational Training Command shows a jump in the number of Americans apprehended for DUI / DWI / Drunk Driving / drinking and driving in Grafenwöhr and Vilseck, Germany.
JMTC released data showing last year's incidents of DUI (driving with blood alcohol above .08% BAC) and DWI (driving with blood alcohol between 0.05 and 0.08) recorded by U.S. military police and German police in and around those city U.S. bases.
130 Drunk Driving / DWI / DUI drinking-and-driving cases — 73 DUI and 57 DWI — involving U.S. soldiers and civilians in the Grafenwöhr/Vilseck footprint during the year up to July 1.
That compares to 114 cases — 64 DUI and 54 DWI — during the same time in 2003, the last time the garrison’s population was as high as it is now.
There has not been a drunk driving death in the garrison. But he said the increase in DUI / DWI arrests is a problem which corresponds with the arrival of the 2nd Cavalry (Stryker) Regiment.
A range of programs exists for the Army to use to tackle drinking and driving and vehicle safety.
Among them:
Meetings about dangers of drinking and driving during a weeklong training for arriving soldiers at the garrison’s Indoctrination Training Center.
An online risk assessment tool that records a soldier’s destination, travel companions and plans any time a soldier goes more than 75 miles from his or her garrison.
Risk assessments for soldiers staying close to home during long weekends.
Army Traffic Safety program for soldiers 25 and under — a class that includes information about drinking and driving and that has been taught weekly at Vilseck since May.
POV “toolbox” with suggestions and controls for leaders trying to reduce high rates of DUI in their units.
Loss reports by local safety offices that reveal trends in certain types of accidents.
“McKiernan Sends” safety messages by Gen. David McKiernan, the USAREUR commander.
It is a mental condition. Releasing energy after coming back from downrange. The feeling of invincibility that goes with it. He’s survived 15 months of hell and been shot at and has made it.
Leadership can stand in front of 100 to 200 soldiers and say don’t drink and drive. Soldiers hear it all the time, but when you as their squad leader or team leader ask the soldiers what they are doing and say ‘Call me if you are in a bar and have had too much to drink,’ they know you care. The person most soldiers don’t want to let down is their squad leader.
Many staff duty funds now have money set aside to pay for taxi rides for soldiers who are stuck in town with no cash. Some units issue soldiers cards that are accepted by local taxi companies as payment for a ride home.
Young soldiers can get access to alcohol they could not buy legally in the United States. This obviously contributes to DWI's, DUI's, and drunk driving cases or just drinking and driving.
Miami Dolphins NFL Star Arrested for DWI
Chambers has played six seasons in the NFL with the Dolphins. As Miami's No. 1 receiver, he had 59 receptions for 677 yards and 4 touchdowns in 2006.
He was arrested for DWI at 2:31 a.m. in the 10800 block of S. Tryon St., just south of Westinghouse Boulevard. He was released at about 9 a.m. on $1,750 cash bail.
Abusive Driving Fees Challenged
An online petition has received tens of thousands of signatures since it began.
The new fees took effect July 1st. They were intended to raise up to $65 million dollars for transportation funding.
However, the new fees to raise green, have many drivers seeing red. Chris Dorrier of Fluvanna County says, “I don't think it's fair. I think it's an easy way for state government to raise money and fix the roadways when they couldn't do it another way."
One of the most controversial measures is that these fees only apply to Virginia drivers. That means out of state motorists are exempt.
Dorrier says, "I think if it was equal punishment to every resident of the United States, [including] visitors passing through, maybe it would be more just."
Petitions and public outcry have gotten the attention of Virginia lawmakers.
Virginia Delegate Rob Bell says, "Most of us, including me would like to change the difference between in state and out of state drivers. That's something that regardless of how you feel about the fees that we'd like to fix."
Bell says lawmakers will look at the abuser fees and issues people are raising over the next couple weeks, to see if there are some that need to be fixed right away.
Not all the laws have drivers feeling road rage.
"We're not going to change the drunk driving laws and it's obvious that we're not going to make it easier to drive drunk, but there may be certain things within the list that are not, like driving drunk and certainly fix those."
Should San Diego County police get Special Plea Bargain Treatment?
July 14, 2007
San Diego County Sheriff Deputy Lowell “Sam” Bryan Bruce was ready to plead guilty to the greatly reduced charge of Voluntary Manslaughter in the shooting death of his wife.
However, Judge Exarhos refused to accept the favorable plea agreement.
“I do not feel this is in the best interest of the administration of justice,” Superior Court Judge Herbert J. Exarhos said.
Under the rejected agreement, Bruce would have pled guilty to voluntary manslaughter and sentenced to only 15 years.
Judge Exarhos indicated the disparity was too great between the prison term Bruce would get under the agreement vs. the 40-years-to-life maximum penalty he faces if convicted of the initial charge of 2nd degree murder.
The judge said he was concerned the plea deal raised questions about whether Bruce was getting special treatment because of his job in law enforcement.
“You'll have to convince me that the evidence is such that this plea agreement is the best the people could obtain”.
Judge Exarhos pointed out he was concerned that Bruce may have been too quick to accept the plea agreement since it offered such a significantly reduced prison term.
Judge Exarhos said prosecutors should either try Bruce on murder charges as planned or refile the case on lesser charges if they think Bruce should get a lower sentence.
Bruce is charged with allegedly fatally shooting 38-year-old Kristen Maxwell-Bruce on Dec. 14 during an alleged argument in the bedroom of their home.
After the shooting, Deputy Bruce worked in detentions, court services and the Las Colinas / County women's jail, until he was suspended.
His San Diego County Criminal Defense Lawyer apparently did a superb job.
Drunk Driving Son an "Idiot"
July 13, 2007
Melbourne, Australia
The leader of Australia's second most populous state has publicly called his son "an idiot" for allegedly being DUI / DWI / drunk when he smashed his car into a tree.
Steve Bracks is the premier of Victoria, a state that prides itself on enforcing strict road safety laws particularly against DUI or drunk drivers.
"He's been an absolute idiot," Mr Bracks said of his 20-year-old son, Nick.
According to Melbourne radio station 3AW, the Premier's son allegedly recorded a BAC or blood alcohol reading of 0.129 - more than twice the legal limit of 0.05.
A male passenger in the car sustained minor injuries as a result of the alleged DUI accident.
Drunk Driving similar to Drowsy Driving - Mothers Against Sleepy Driving
July 14, 2007
Scientific studies show there is no difference in terms of risk
Police say one of the most menacing hazards on today's roads & freeways is the drowsy driver.
Many of us have probably been there. Driving later or longer than we should when all we can think about is hitting that pillow; blasting the radio or rolling down the windows to stay alert; startled awake by another motorist's horn after nodding off during sticky afternoon traffic on the bridge.
Police, safety officials and sleep experts say it's time for a wake-up call, warning we can't afford to keep ignoring the very real dangers posed by drivers of all ages who fall asleep behind the wheel.
"Driving sleepy is the same as driving drunk," cautions Dr. John Kimoff, director of the sleep lab at the McGill University Health Centre.
"There is no difference in terms of risk. If you can have Mothers Against Drunk Driving, you can have Mothers Against Sleepy Driving, too.
"Sleep deprivation produces an impairment in performance and attention that is really indistinguishable from that associated with moderate alcohol intoxication."
The Highway Safety Roundtable on Fatigue Impairment, a study group whose members are drawn from governments, tourism boards, transportation agencies and the Insurance Bureau of Canada, is drafting guidelines aimed at raising awareness about the risks to life and limb from drivers who are running on empty, weary after a long shift or chronically sleep-deprived and cantankerous.
Scientific studies have shown a motorist who has been awake for 20 hours has the same impairment as a person with a blood alcohol level of 0.5.
No sleep for 24 hours and your driving will be as addled and erratic as a person with a blood alcohol reading of .08, the definition of a DUI , DWI or drunk driver.
Citizens stop California DUI suspect from taking off
John Kiernan was arrested after San Luis Obispo Police allegedly caught him running from a California drunk driving accident he was in when allegedly California DUI / California driving under the influence.
Police said Kiernan was driving south on Higuera Street when he turned right on Madonna Road and allegedly hit a pole as well as some shrubs on the traffic island.
Witnesses attempted to keep Kiernan from driving away by taking his keys from the ignition before police arrived.
He was booked in the San Luis Obispo County jail for California DUI - driving under the influence and hit and run: California Vehicle Code Sections 23152 & 20002 .
California DUI checkpoints nets DUI arrests
San Diego DUI Blog news
7/13/2007
Officers from the California Highway Patrol check possible California DUI drivers for licenses and signs of intoxication Friday night at a California DUI / California Drunk Driving sobriety checkpoint on Central Avenue, McKinleyville, California.
The event began at 7 p.m. with a roving California DUI patrol, and California Drunk Driving officers set up the checkpoint around 9 p.m. It took only 20 minutes before the first California DUI arrest was made.
A California DUI CHP checkpoint in November resulted in five California DUI field sobriety tests, three unlicensed driving citations and two California DUIs.
Eighty percent of the people arrested for California DUI - driving under the influence thanked the California DUI police.
The other 20 percent? They cussed the California DUI police all the way to the jail.
The Ca DUI / DWI checkpoint was made possible by grants from state Office of Traffic Safety.
Friday, July 13, 2007
California DUI Jail Sentences happen
DUI convictions often involve jail
July 13, 2007
Aguilera, Ramon, 26, of Stockton: Second conviction, five years' formal probation, $2,323 fine, 10 days in jail, second-offender drinking-driver program, driver's license restricted.
Barbosa, Juvenal, 36, of Stockton: First conviction, three years' formal probation, $2,323 fine, seven days in jail, first-offender drinking-driver program, driver's license restricted.
Cuevas, Oscar, 31, of Stockton: First conviction, three years' formal probation, $2,323 fine, seven days in jail, first-offender drinking-driver program, driver's license restricted.
Flynn, Leonard, 47, of Stockton: First conviction, three years' formal probation, $2,323 fine, seven days in jail, first-offender drinking-driver program, driver's license restricted.
Murray, Norman, 64, of Stockton: First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.
Ochoa, Luis, 46, of Stockton: First conviction, three years' formal probation, $2,323 fine, seven days in jail, first-offender drinking-driver program, driver's license restricted.
Ross, Daniel, 56, of Stockton: Second conviction, five years' formal probation, $2,323 fine, 35 days in jail, second-offender drinking-driver program, driver's license restricted.
Ryan, Teresa, 19, of Stockton: First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.
Sayasith, Suvamlasy, 23, of Stockton: First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.
Stephenson, Jason, 26, of Stockton: First conviction, three years' formal probation, $2,323 fine, 60 days in jail, first-offender drinking-driver program, driver's license restricted
Doctor's alcohol additions to be kept quiet
SACRAMENTO California drunk driving aftermath
Former trial lawyer and state senator Joe Dunn battled the greedy on behalf of the little guy. He stood up for kids, participated in the national tobacco litigation settlement and investigated officials at Enron.
Now Dunn finds himself leading an organization that's defending a secretive and controversial medical program that some say endangers patients.
Take Dr. Brian West, a plastic surgeon in Long Beach and Beverly Hills. West has been accused of horribly disfiguring several patients when he worked in Northern California a few years ago.
He twice was convicted of California DUI /drunk driving.
The Medical Board of California has never been able to link West's substance abuse to the allegedly botched surgeries, but the graduate of UC Irvine's medical school was able to keep his alcoholism secret thanks to the board's Diversion Program.
Designed to help troubled doctors without ruining their careers, the Diversion Program diverts qualifying physicians from disciplinary proceedings and into rehab.
Diversion is largely confidential, so West's former patients never knew about his alleged drinking problem until he failed out of the program.
San Diego DUI Lawyer - death after San Diego DUI suspect allegedly runs red light
SAN DIEGO California DUI Lawyer news
A woman was killed in University City early Friday morning when she was ejected from an SUV broadsided by a vehicle allegedly being driven by a suspected San Diego DUI / drunk driver who ran a red light.
The woman was a passenger in a 2000 Ford Expedition with three other women, traveling east on La Jolla Village Drive when a man in his 40s driving a 2001 Acura SUV south on Genesee Avenue blew through the light and slammed into them. This is very close to the office of San Diego DUI Lawyer http://www.SanDiegoDUILawyer.com .
The woman, who was sitting in the right rear passenger seat, was thrown from the vehicle. She died at the scene. Both drivers were also injured and hospitalized.
The Acura's driver was arrested on suspicion of San Diego drunk driving / San Diego DUI .
Former deputy / officer faces Drunk Driving charges
July 13, 2007
A former Livingston County deputy is facing drunk driving / DUI charges.
Ryan Vorhies was arrested last month after an accident in Howell, Michigan. The Jackson County prosecutor, who is handling the case, authorized the drunk driving / DUI charges Wednesday.
A warrant for Vorhies' arrest should be filed soon. Vorhies is expected to surrender.
California DUI for cousin of Paris Hilton
Paris Hilton update:
July 13, 2007
The cousin of Paris Hilton will appear in court August after being charged with California DUI - driving under the influence.
Brooke Ashley Brinson was stopped by DUI police in California in 2006 after a California DUI breath test revealed she had exceed the legal BAC alcohol limit.
The 20-year-old was driving a Mercedes Benz registered to Paris Hilton which allegedly caused a four-car collision on the freeway.
Paris Hilton was released from Lynwood, California's Century Regional Detention Center last month after being jailed for violating her probation from a 2006 California DUI /drunk driving arrest
Thursday, July 12, 2007
San Diego California DUI Court Locations
Depending on the location of your San Diego California DUI arrest, San Diego County has these courts:
San Diego Court, 220 W. Broadway, San Diego, CA 92101
El Cajon Court, 250 E. Main St., El Cajon, CA 92020
North County Court, 325 S. Melrose Drive, Vista, CA 92083
South Bay Court, 500 3rd Ave., Chula Vista, CA 92010
Juvenile Court, 2851 Meadowlark Drive, San Diego, CA 92123
14th DUI .... no problem
14th DUI drunk driving charge in Wisconsin and Illinois:
Dworak, whose penchant for DUI / driving drunk seems to be only interrupted when he is in prison, has been arrested and convicted 12 times previously and currently faces an extradition warrant to McHenry County in Illinois, where he is accused of causing great bodily harm by drunken driving.
"Outrageous" was the term used by Assistant District Attorney Michael Verveer as he began to explain to Dane County Court Commissioner Todd Meurer that Dworak has one of the worst drunken driving records of anyone to appear in court here.
Verveer's remarks were cut short when Assistant State Public Defender Luis Cuevas said he was not contesting that cash bail was appropriate in the case, and Meurer set bail at $4,000 for 13th offense drunken driving and $1,000 for operating after revocation.
According to the criminal complaint, State Trooper Michael Vasquez had finished up a traffic stop on Interstate 90-94 in the town of Burke on Sunday about 5 p.m. and was walking back to his squad car when an approaching vehicle veered onto the right shoulder, nearly hitting him. He then got into his squad car and gave chase. Dworak, after again veering onto the shoulder and back into traffic, pulled over and, the complaint says, flunked a series of physical tests and a preliminary breath test that showed he had a blood alcohol content of 0.15 percent.
Dworak, because of his previous convictions, was charged with a felony count of drunken driving that could carry up to six years in prison and extended supervision, plus a misdemeanor of operating after revocation that could get him another year in jail, as well as citations for having an open intoxicant in the car and not wearing a seat belt.
If convicted in both Dane County and Illinois, Dworak would have a total of 14 convictions. That is not, however, the worst ever in Dane County. That dubious distinction belongs to William Skare of Stoughton, who is currently facing his 15th drunk driving offense.
Dworak was in prison from September 2000 until June 6, 2006, when he was released after serving time on his last DUI.
San Diego DUI blotter - President gets 3 years probation for California DUI
He could not immediately be reached for comment Thursday.
Agredano was arrested in Lakewood in January and charged with three misdemeanor violations, including DUI driving under the influence. He pleaded not guilty to the charges in April in Bellflower Superior Court.
Agredano was elected to the school board in 2005.
Jacksonville Jaguars star Khalif Barnes pleads to DUI
Barnes also had his drivers' license yanked for six months and must participate in a DUI class. In addition, he wrote a letter apologizing to D.E. Cullen, the Jacksonville traffic cop who pulled him over, telling Cullen: "I know you were just doing your job."
Last year's incident was embarrassing in the extreme for Barnes and the team. For one thing, it happened during the season, last Nov. 11. And after he was flagged down for reportedly blowing by Cullen at 101 mph in his Mercedes and allegedly failing a field sobriety test, the 6-foot-5, 325-pound Barnes reportedly called the officer "a KKK devil" and (even worse, from fans' point of view) Jacksonville "a hick town."
Mayor charged with DUI
June 12, 2007
Mayor Fred Dewald of Romeoville IL has been arrested and charged with drunk driving and DUI.
He was charged late Monday night after he was allegedly driving recklessly and almost hit another vehicle.
DUI Police stated he was arrested with the help of a witness who stated that there was a "possible intoxicated driver" who almost hit her car.
The mayor refused a DUI test to determine his BAC.
Stiffer DUI Penalties for Higher BAC & Multiple DUI
July 12, 2007
A DUI driver convicted of drive under the influence of alcohol or drugs now faces stiffer penalties in Kansas, especially if his/her blood-alcohol concentration rises to a level nearly twice that of what is considered DUI or drunk driving.
A Kansas motorist is considered to be driving drunk if blood-alcohol concentration hits or exceeds 0.08 percent. A first violation will result in suspension of the driver's license for 30 days and the driver will be restricted to driving to and from work or school for an additional 330 days.
Under changes made by the 2007 Legislature, as of July 1 offenders with a blood-alcohol concentration of 0.15 percent or greater will have their driver's license suspended for a year for a first occurrence, then the offender will be restricted for another year to driving with an ignition interlock device. That device, wired into a car's ignition, will act as a Breathalyzer to detect any alcohol on a person's breath.
For a second, third or fourth DUI at 0.08 percent, an offender's driver's license will be suspended for one year, and permanently revoked for a fifth occurrence.
For additional 0.15 percent DUI occurrences, an offender's driver's license is suspended for one year, followed by two, three or four years of driving with an ignition interlock device. On a fifth occurrence, the driver's license is permanently revoked.
A person younger than 21 with a 0.15 BAC will face the same penalties as an offender 21 or older.
Offenders younger than 21 with a 0.08 percent BAC, will have their driver's license suspended for one year for a first, second, third or fourth DUI. On a fifth occurrence, the driver's license will be permanently revoked.
Wednesday, July 11, 2007
Rapper Busta Rhymes facing DUI charges and then some
Mr Rhymes is accused of DUI / DWI / Drunk Driving / driving while drunk, driving on a suspended licence, assaulting an employee and beating a fan who allegedly spat on his car.
The prosecution could not combine the two assault charges.
The four trials will run consecutively, starting on 5 September.
On hearing the news, the 34-year-old rapper gave a celebratory "high five" hand slap to his DUI / criminal defense lawyer, Scott Leemon.
"The decision today validates the defence's argument," Mr Leemon said.
"We detailed to the court that we have defence to these cases and the court agreed."
Arrests
Mr Rhymes, whose real name is Trevor Jones, also refused for the second time the offer of a year in jail to cover all four cases.
He was arrested most recently this May on a DUI / DWI / drink-driving charge. He allegedly admitted to police that he had drunk a single shot of cognac about an hour earlier.
Nicole Richie's DUI trial postponed until August 16, 2007
Richie's California Drunk Driving DUI attorney said in court that Dr. Terence Sean McGee will testify about DUI tests and conclusions by drug experts used by prosecutors.
McGee's testimony was critical to the California DUI defense, but he is not available to appear in California DUI court until next month.
Witnesses reported seeing her black 2005 Mercedes-Benz sport utility vehicle allegedly headed the wrong way on a freeway in Burbank.
She allegedly failed a California DUI field sobriety test and authorities said she told them she had smoked marijuana and taken a prescription painkiller. No drugs were found on her or in the vehicle.
She pleaded not guilty in February to the California DUI charge.
Richie co-stars on "The Simple Life" with Paris Hilton, who was recently released after spending about 23 days in custody for violating probation in an alcohol-related reckless driving case.
In addition to the California DUI count, Richie's case contains an allegation that she had a prior misdemeanor California DUI conviction in June 2003.
The California Vehicle Code says 2 California DUI convictions within 10 years can bring, among other things, a sentence of 90 days to a year in jail and result in suspended driving privileges.
Richie's legal problems come amid reports that she is pregnant. "I think it's going to be in the back of his mind," said defense attorney Mark Geragos, who has represented Winona Ryder and Michael Jackson.
But since it's a second California DUI offense, it usually carries a mandatory amount of California county custoday time.
25 California DUI arrests friday to saturday
July 11, 2007
A county-wide operation to clear the streets and highways of California DUI / drunken drivers netted 25 California DUI arrests in one night, announced on Monday.
The operation involving Riverside County sheriff's deputies and personnel from other local and state law enforcement agencies ran from 6 p.m. Friday to 4 a.m. Saturday.
Drinking and driving in Riverside County will not be tolerated the Sheriff said. DUI is a crime that is 100 percent preventable. The goal is to reduce alcohol-involved fatal and injury collisions by 5 percent from the 2002 base year total of 1,191 to 1,131 by Sept. 30.
In addition to sheriff's deputies, officers from three Inland-area California Highway Patrol stations, three college police departments, 22 municipal police departments, and agents from the state Department of Alcohol Beverage Control took part in the patrols
The most DUI-related arrests were made in the west county region, comprising Moreno Valley, Corona, Norco and Riverside, where nine California DUI suspects were taken into custody during 78 traffic stops and 17 field sobriety tests.
Between Oct. 1, 2001, and July 7, 2007, the “Avoid the 30” task force made 1,012 California DUI arrests.
High Official surrenders to police on DUI
New tougher laws for DUI
Under new laws a person cited with a DUI for the first time who has a Blood Alcohol Concentration of 0.08 or higher will have their liscense suspended for 30 days. They will only be allowed to drive to work or school for an additional 330 days.
If a person is cited for a second, third, or fourth DUI the offender's driver's liscense will be suspended for an entire year and taken permanently for five or more citations.The law is different for those under 21. For the first through fourth citations the license will be suspended for one year. On the fifth citation the license will be permanently revoked.
If a person is found with a BAC of 0.15 or higher they will have their license suspended for one year on the first offense. After the one-year suspension the person will be restricted for a second year with an ignition interlock device.
This mechanism is wired to the car's ignition and acts as a breathalyzer. It will detct any alcohol on the driver's breath. This will be paid for by the offender.
Political efforts to make mandatory jail time for first time DUI
Mississippi’s DUI laws are already tough. Those convicted of DUI - driving under the influence the first time face hundreds of dollars in fines, a loss of driving privileges for three months, and mandatory attendance of an alcohol safety program. They could also be put in jail for up to 48 hours, although this doesn’t usually happen. For second and third offenses, the fines escalate significantly, and time behind bars not only increases but becomes mandatory.
Making jail time mandatory the first time a person breaks the DUI law would be harsh. Many of those who are caught are minors, doing what young people often do — foolishly experimenting in ways that put themselves at risk as well as others until they learn better. Mississippi’s current laws provide a stern warning, particularly the license suspension.
In egregious cases, where a judge thinks the motorist needs even more of a scare to remind the driver not to make the mistake twice, he can impose a couple days of jail time. They do not want to belittle the seriousness of a DUI offense
San Diego State University Alcohol / DUI decreases
Surveys by CSU campuses also show an increase in the number of students who seek medical assistance for intoxicated friends the last 2 years, according to a staff report to trustees at their meeting in Long Beach yesterday.
These achievements are the result of partnerships with law enforcement, new policies, improved alcohol education and prevention programs, and online efforts, the report said.
In 2001, trustees adopted a policy that requires each CSU campus to design programs that would curtail alcohol abuse. This was done with the recognition that alcohol was the biggest campus problem. Many ills stem from alcohol, he said, from student dropouts to campus vandalism.
Every two years, trustees receive a report summarizing progress on alcohol-related efforts at the 23 campuses.
Ten campuses, including San Diego State and Cal State San Marcos, have participated in a two-year, $750,000 grant funded by the state Office of Traffic Safety aimed at reducing incidences of drinking and driving by 5 percent among 18-to 25-year-olds. Collectively, the campuses reported a 14.6 percent reduction over two years. The program aims to reduce alcohol-related student misconduct by 5 percent over the same period. The overall result was a 5.5 percent drop.
SDSU saw the number of drinking and driving incidents fall nearly 19 percent from spring 2006 to fall 2006, according to a student survey. Cal State San Marcos has shown a 25.5 percent reduction in alcohol-related student misconduct over the last two years, the report said.
Alcohol policies adopted by the universities have also curtailed student drinking.
Cal State athletic events have become mostly dry over the past 18 months. An executive order signed by the chancellor in December 2005 banned alcohol sales at university-owned or university-operated sporting venues at all campuses. At SDSU, the ban started this past school year. It did not affect Aztec football, which plays home games at off-campus Qualcomm Stadium, but did apply to Aztec basketball and baseball, which are played on campus. There are some exemptions for private groups at those games.
While drugs are far less of a problem than alcohol, CSU campuses have reported a rise in abuse of prescription drugs.
Tuesday, July 10, 2007
Baltimore Ravens QB Steve McNair DUI charges dropped
McNair allowed his brother-in-law Jamie Cartwright to operate the vehicle, who at the time was intoxicated. However, because Cartwright's DUI charge has been dropped, the case against McNair has also been dismissed.
Al Under Jr. to plead to DUI
DUI news
Indianapolis 500 winner Al Unser Jr. will plead to DUI - driving under the influence charge stemming from a January crash on a Nevada freeway.
Under the plea bargain, lesser charges, including misdemeanor hit-and-run, failure to render aid in an accident and failure to report an accident will be dropped.
Unser’s blood-alcohol percentage was almost 3 times the legal limit.
Monday, July 09, 2007
Tough San Diego - DUI laws applauded by Responsible Companies
Anheuser-Busch applauds
the Hawaii State Legislature for enacting legislation that took effect last
week to strengthen penalties for those individuals who cause the majority
of drunk-driving fatalities: hard-core drunk drivers who register
blood-alcohol concentration (BAC) levels nearly twice the legal limit when
apprehended. According to the U.S. Department of Transportation (DOT),
those offenders with a BAC of .15 or higher are responsible for two-thirds
of all drunk-driving fatalities, both nationally and in Hawaii.
"We commend the legislative sponsors, Representative Joseph Souki and
Representative Scott Nishimoto, and the legislature for recognizing that
tougher drunk-driving statutes were needed, and for enacting this important
law, which represents a significant milestone in the fight against drunk
driving," said Andrew Baldonado, region vice president of Government
Affairs at Anheuser-Busch. "This law will help further reduce the number of
highway fatalities caused by drunk drivers by targeting the individuals
most responsible for these senseless tragedies."
Under Act 198, drunk drivers with a BAC of .15 or higher are redefined
as "highly intoxicated drivers" and therefore subject to harsher penalties,
including driver license and vehicle registration revocation for periods of
six months to one year.
"This law complements and reinforces the steady progress that has
already been made in reducing rates of drunk-driving fatalities nationwide
and in Hawaii," Baldonado noted. DOT data shows that drunk-driving
fatalities are down 39 percent nationwide and 40 percent statewide since
1982.
For nearly a quarter century, Anheuser-Busch and its nationwide network
of 600 independent wholesalers, including our company-owned wholesaler,
Anheuser-Busch Sales of Hawaii, have led the alcohol beverage industry in
alcohol awareness initiatives by promoting responsibility and respect for
the law, investing more than a half-billion dollars in alcohol awareness
and education programs and partnerships. This includes providing server
training to on- and off-premise retailers that helps educate their staff on
how to avoid over-serving patrons or selling to customers who may have had
too much to drink; displaying point-of-sale materials reminding customers
to drink responsibly; and implementing safe ride and designated-driver
programs.
In Hawaii, Anheuser-Busch Sales of Hawaii partners with the University
of Hawaii and Sodexho to implement Good Sport, a communications, training
and fan management program designed to help stadium operators, team owners
and concessionaires promote a positive crowd environment, at Aloha Stadium,
Les Murakami Stadium and the Stan Sheriff Center. Anheuser-Busch Sales of
Hawaii also implements Who's Your Bud? Choose a Designated Driver and other
designated driver programs at on-premise venues on island. The company also
has sponsored Street Smart speaker presentations to military personnel that
remind them of the dangers of underage drinking, drunk driving, illegal
drug use and not wearing seat belts. In addition, earlier this year
Anheuser-Busch donated $240,000 to the University of Hawaii at Manoa to
continue its social norms program that helps reduce alcohol abuse and
underage drinking on campus.
In 2007, for the fourth year in a row, Anheuser-Busch ranked first in
the beverage industry for social responsibility in FORTUNE magazine's
"America's Most Admired Companies" and "Global Most Admired Companies."
San Diego SeaWorld's Anheuser-Busch drinking area is a responsible zone.
More information about responsibility programs is
available at http://www.beeresponsible.com & http://www.sandiegoduihelp.com .
SOURCE Anheuser-Busch Companies
BUI - Boating under the influence charges on par with DUI
The bill, sponsored by Rep. Ed Staback, D-Lackawanna, gives the Fish and Boat Commission authority to enforce BUI laws and lowers to 0.08 percent the legal blood-alcohol content limit to operate a boat.
Penalties for BUI / BWI / drunk boating will reflect DUI punishments, including fines, prison sentences and safe boating classes.
Whether getting behind the wheel of a car or taking control of a watercraft, doing so while under the influence of alcohol is arguably a dangerous mistake. With his bill becoming law, the penalties will now be in place to punish and perhaps prevent BUI / boating under the influence on Pennsylvania's waterways.
San Diego County Peace Officer hit by San Diego Drunk Driver
July 9, 2007
SAN MARCOS – A San Diego County Sheriff's deputy on his way to a burglary call was rear-ended by car driven by a San Diego California drunk driving / DUI suspect Monday.
The suspected San Diego California DUI accident / San Diego California drunk driving crash happened just after 1:30 a.m. on westbound state Route 78 near Rancheros Drive where construction crews had closed the No. 1 and 2 lanes to do work on the freeway.
500 Holiday DUI arrests made
500 drivers suspected of celebrating the week of July Fourth were arrested at DUI /drunk driving checkpoints throughout Arizona.
The Independence Day DUI Task Force started the crackdown on June 29 and ended it Saturday, netting 180 more DUI / drunken driving suspects than were arrested during the same period last year, the Arizona Governor’s Office of Highway Safety announced Sunday.Representatives of East Valley police agencies said they would release their local holiday arrest totals today. Officers from 114 state law enforcement agencies participated in the task force, created to help prevent drunken driving crashes. Last year, six people died in alcohol-related crashes during the holiday period, down from the 2005 holiday period when 10 were killed, according to the Highway Safety Office. Mesa, Chandler, Scottsdale and Tempe police also led a task force that ran checkpoints which netted 50 drivers they said were drunk. The average blood-alcohol content of drivers arrested during the 10-day enforcement period was 0.149, nearly twice the legal limit of 0.08. Authorities arrested 138 for extreme DUI — cases in which the BAC tested at 0.15 or above.
Nicole Richie's California DUI Trial on Wednesday
"She's just in an unfortunate situation," he said Saturday.
Nicole Richie, 25, is scheduled to go on California trial Wednesday. She was arrested Dec. 11 and pleaded not guilty to a misdemeanor charge of California DUI / driving under the influence. Her case contains an allegation that she had a prior misdemeanor California DUI conviction in June 2003.
DUI Sweep results - Riverside - San Diego County border area
July 9, 2007
A countywide sweep targeting Calfornia intoxicated drivers Friday night and early Saturday resulted in 25 arrests for California DUI / driving under the influence, including six in Southwest County.
California DUI officers from various law enforcement agencies in the county started the operation at 6 p.m. Friday and ended it at 4 a.m., per the DUI division of the sheriff's department.
In Southwest Riverside County, officers from the California Highway Patrol station in Temecula California were joined by police from Lake Elsinore, Canyon Lake, Murrieta, Perris and Mt. San Jacinto College in the effort, which resulted in 90 vehicle stops and 20 California DUI field sobriety tests.
In addition to the six local drivers arrested on suspicion of California DWI / California DUI / California Drunk Driving / driving while intoxicated, three drivers were arrested for lacking a driver's license or having a suspended one.
Sunday, July 08, 2007
11 year old gets DUI
11-year-old charged with DUI
Santa Monica,CA
A police officer spotted a speeding Monte Carlo, threw on the blue lights and started an 8-mile, 100-mph chase. An 11 year old was arrested for DUI .
Saturday, July 07, 2007
San Diego DUI - drunk driving lawyer alert
San Diego Freeway DUI news -
Al Gore III not such a perfect boy :
He was also charged with reckless driving in North Carolina in 2000,
and in September 2002 military police arrested him on suspicion of drunk driving / DUI / DWI.
Wednesday, July 04, 2007
Top DUI Attorney in Alabama on alert
The Huntsville Police Department has announced where they will be on the prowl for his future clients - alleged DUI /drunk drivers.
The department's D-U-I Task Force will set up drunk driving checkpoints throughout the city starting tonight to catch DUI / drunk drivers during the Fourth of July holiday.
Police at the checkpoints will also be looking for motorists who aren't wearing seat belts, don't have a valid driver's license or don't have proof of insurance.
Any motorist arrested for DUI should contact Phil Price immediately.
Keeping medical information private - HIPAA
July 3, 2007
A nurse told Gerard Nussbaum he could not stay with his father-in-law while the elderly man was being treated after a stroke. Another nurse threatened Mr. Nussbaum with arrest for scanning his relative’s medical chart to prove to her that she was about to administer a dangerous second round of sedatives. When Nancy Banks of Bartlesville, Okla., called a hospital about her ill mother, Lourene Trusler, the nurses would not answer her questions.
The nurses who threatened him with eviction and arrest both made the same claim, Mr. Nussbaum said: that access to his father-in-law and his medical information were prohibited under the Health Insurance Portability and Accountability Act, or Hipaa, as the federal law is known.
Mr. Nussbaum, a health care and Hipaa consultant, knew better and stood his ground. Nothing in the law prevented his involvement. But the confrontation drove home the way Hipaa is misunderstood by medical professionals, as well as the frustration — and even peril — that comes in its wake.
Government studies released in the last few months show the frustration is widespread, an unintended consequence of the 1996 law.
Hipaa was designed to allow Americans to take their health insurance coverage with them when they changed jobs, with provisions to keep medical information confidential. But new studies have found that some health care providers apply Hipaa regulations overzealously, leaving family members, caretakers, public health and law enforcement authorities stymied in their efforts to get information.
Experts say many providers do not understand the law, have not trained their staff members to apply it judiciously, or are fearful of the threat of fines and jail terms — although no penalty has been levied in four years.
Some reports blame the language of the law itself, which says health care providers may share information with others unless the patient objects, but does not require them to do so. Thus, disclosures are voluntary and health care providers are left with broad discretion.
The unnecessary secrecy is a “significant problem,” said Mark Rothstein, chairman of a privacy subcommittee that advises the Department of Health and Human Services, which administers Hipaa. “It’s drummed into them that there are rules they have to follow without any perspective,” he said about health care providers. “So, surprise, surprise, they approach it in a defensive, somewhat arbitrary and unreasonable way.”
Susan McAndrew, deputy director of health information privacy at the Department of Health and Human Services, said that problems were less frequent than they once had been but that health care providers continued to hide behind the law. “Either innocently or purposefully, entities often use this as an excuse,” she said. “They say ‘Hipaa made me do it’ when, in fact, they chose for other reasons not to make the permitted disclosures.”
Mr. Rothstein, one of Hipaa’s harshest critics, has led years of hearings across the country. Transcripts of those hearings, and accounts from hospital administrators, patient advocates, lawyers, family members, and law enforcement officials offer an anthology of Hipaa misinterpretations, some alarming, some annoying:
¶Birthday parties in nursing homes in New York and Arizona have been canceled for fear that revealing a resident’s date of birth could be a violation.
¶Patients were assigned code names in doctor’s waiting rooms — say, “Zebra” for a child in Newton, Mass., or “Elvis” for an adult in Kansas City, Mo. — so they could be summoned without identification.
¶Nurses in an emergency room at St. Elizabeth Health Center in Youngstown, Ohio, refused to telephone parents of ailing students themselves, insisting a friend do it, for fear of passing out confidential information, the hospital’s patient advocate said.
¶State health departments throughout the country have been slowed in their efforts to create immunization registries for children, according to Dr. James J. Gibson, the director of disease control in South Carolina, because information from doctors no longer flows freely.
Teaching staff to protect records is easier than teaching them to share them, said Robert N. Swidler, general counsel for Northeast Health, a nonprofit network in Troy, N.Y., that includes several hospitals.
“Over time, the staff has become a little more flexible and humane,” Mr. Swidler said. “But nurses aren’t lawyers. This is a hyper-technical law and it tells them they may disclose but doesn’t say they have to.”
Many experts, including critics like Mr. Rothstein and proponents like Ms. McAndrew, distinguish different categories of secrecy.
There are “good faith nondisclosures,” as when a floor nurse takes a phone call from someone claiming to be a family member but cannot verify that person’s identity. Then there are “bad faith nondisclosures,” like using Hipaa as an excuse for not taking the time to gather records that public health officials need to help child abuse investigators trying to build a case.
Most common are seat-of-the-pants decisions made by employees who feel safer saying “no” than “yes” in the face of ambiguity.
That seemed to be what happened to his own mother, Mr. Rothstein said, when she called her doctor’s office to discuss a problem. She was told by the receptionist that the doctor was not available, Mr. Rothstein said, and then inquired if the doctor was with a patient or out of the office. “I can’t tell you because of Hipaa,” came the reply. In fact the doctor was home sick, which would have been helpful information in deciding whether to wait for a call back or head for the emergency room.
The law, medical professionals and privacy experts said, has had the positive effect of making confidentiality a priority as the nation moves toward fully computerized, cradle-to-grave medical records.
But safeguarding electronic privacy required a tangle of regulations issued in 2003, followed last year by 101 pages of “administrative simplification.”
Senator Edward M. Kennedy, Democrat of Massachusetts, a sponsor of the original insurance portability law, was dismayed by the “bizarre hodgepodge” of regulations layered onto it, several staff members said, and by the department’s failure to provide “adequate guidance on what is and is not barred by the law.” To that end, Mr. Kennedy, along with Senator Patrick M. Leahy, Democrat of Vermont, plans to introduce legislation creating an office within the Department of Health and Human Services dedicated to interpreting and enforcing medical privacy.
“In this electronic era it is essential to safeguard the privacy of medical records while insuring our privacy laws do not stifle the flow of information fundamental to effective health care,” Mr. Kennedy said.
This spring, the department revised its Web site, www.hhs.gov/ocr/hipaa, in the interest of clarity. But Hipaa continues to baffle even the experts.
Ms. McAndrew explained some of the do’s and don’ts of sharing information in a telephone interview:
Medical professionals can talk freely to family and friends, unless the patient objects. No signed authorization is necessary and the person receiving the information need not have the legal standing of, say, a health care proxy or power of attorney. As for public health authorities or those investigating crimes like child abuse, Hipaa defers to state laws, which often, though not always, require such disclosure. Medical workers may not reveal confidential information about a patient or case to reporters, but they can discuss general health issues.
Ms. McAndrew said there was no way to know how often information was withheld. Of the 27,778 privacy complaints filed since 2003, the only cases investigated, she said, were complaints filed by patients who were denied access to their own information, the one unambiguous violation of the law.
Complaints not investigated include the plights of adult children looking after their parents from afar. Experts say family members frequently hear, “I can’t tell you that because of Hipaa,” when they call to check on the patient’s condition.
That is what happened to Nancy Banks, who drove from Bartlesville, Okla., to her mother’s bedside at Town and Country Hospital in Tampa, Fla., last week because Ms. Banks could not find out what she needed to know over the telephone.
Her 82-year-old mother had had a stroke. When Ms. Banks called her room she heard her mother “screaming and yelling and crying,” but conversation was impossible. So Ms. Banks tried the nursing station.
Whoever answered the phone was not helpful, so Ms. Banks hit the road. Twenty-two hours later, she arrived at the hospital.
But more of the same awaited her. She said her mother’s nurse told her that “because of the Hipaa laws I can get in trouble if I tell you anything.”
In the morning, she could speak to the doctor, she was told.
The next day, Ms. Banks was finally informed that her mother had had heart failure and that her kidneys were shutting down.
“I understand privacy laws, but this has gone too far,” Ms. Banks said. “I’m her daughter. This isn’t right.”
A hospital spokeswoman, Elena Mesa, was asked if nurses were following Hipaa protocol when they denied adult children information about their parents.
She could not answer the question because Hipaa prevented her from media discussions.
Tuesday, July 03, 2007
Playboy Playmate Arrested for DUI
Playboy Playmate Arrested On Suspicion Of DUI
July 3, 2007
DUI Police in Oberlin, Ohio pulled over Jennifer Lynn Jackson, a former Playboy Playmate.
She allegedly crossed the double yellow line on state Route 58. Officers asked her to stand on one leg and she allegedly almost fell over.
In addition to DUI / drunk driving / DWI - driving under the influence charges, officers said they found marijuana in her car.
She also faces purported theft charges in connection with a report of stolen gasoline.
Jackson was beautifully featured on the cover of April 1989 Playboy magazine.
DUI Checkpoint results
Staff Reports
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The "Avoid the Eight" DUI task force conducted a checkpoint on June 30. This checkpoint was set up on Oro Dam Boulevard and Veatch Street in Oroville.
There were 625 vehicles screened and 75 vehicles unscreened.
This means the checkpoint had a total of 700 vehicles come through and DUI educational material was handed out to every car that went through the checkpoint. Officers performed California DUI Field Sobriety Tests on five motorists.
The results were one driver was arrested for California DUI; one driver was arrested for driving without a license; and one driver had a warrant for his arrest.
The California DUI "Avoid" campaigns are so named to encourage motorists to avoid being arrested for a California Drunk Driving charge by not choosing to drink and drive. California DUI lawyers are on the alert.
Monday, July 02, 2007
San Diego DUI Lawyer answers ready for trial
San Diego DUI Attorney has his strategy for taking his latest San Diego California dui case to trial.
He vows to keep his client from testifying because:
Many judges may feel the defendant is lying under oath and when comes to sentencing, they give defendant a harsher sentence. The client testifying makes the case about client and client's alleged San Diego drunk driving. By not having his Client testify, the case is about the validity of the prosecutor's case. By placing client on the stand, the prosecutor can bring about inconsistencies and unfairly or unreasonably exploit them.
The Prosecutor offered a wet reckless, the same offer made to Paris Hilton and accepted by Hilton. The client on advice of his San Diego DUI Attorney rejected the offer and the trial will start August, 2007.
Sacramento DUI
SACRAMENTO California
July 2, 2007
Police suspect DUI / drunk driving is to blame in an accident last night in North Sacramento. Officers say two cars got into a small accident. Then, one of the cars allegedly drove off and smashed into a pole. The passenger of the car was injured after his head smashed into the windshield, shattering it. He is expected to survive. The driver allegedly ran off before the police arrived. Officers suspect he may have been drinking & possible California DUI.
Bear Tank Johnson cleared of DUI / drunk driving
Former Chicago Bear Tank Johnson has been cleared of DUI / drunk driving allegations that got him fired from the team.
Police in Arizona pulled him over on Friday June 22nd for speeding.
The officer said he believed Johnson was DUI / driving under the influence. Lots of officers have similar "beliefs."
The results of a blood test released Monday showed that he was within the alcohol limit and was not legally drunk / DUI.
Johnson will not be charged. The Chicago Bears fired him after investigating the alleged DUI incident. Da Bears.
DA Prosecutor picks up a DWI
Prosecutor to be arraigned on DWI charge
July 2, 2007
Assistant District Attorney is expected to be arraigned Monday on DUI / DWI / drunk driving charges. Lindner was arrested at 3:45 a.m. Saturday after initially being pulled over for a traffic violation, according to Lt. Lenny Sanchez of the Palmview Police Department. Palmview Police Chief Christopher Barrera declined to say where she was pulled over or what her BAC will show.
This can happen to anybody!
New DUI laws in Hawaii
The legal limit in Hawaii is 0.08 percent, but the new Hawaii DU law says at the higher limit motorists can have their licenses revoked for six month to a year with no conditional permit. Vehicle registration also is revoked for six months to a year. The Hawaii Department of Transportation said the law includes a six-month absolute driver's license suspension, mandatory substance abuse rehab and carries provisions for jail and fines. All of this applies even if the driver has no drunk driving previous record.
Between 2001 and 2005, there were 674 traffic fatalities in Hawaii, of which 303, or 45 percent, were DUI-related.
Sunday, July 01, 2007
No Pink License Plate for 3rd time DUI offenders
The bill would have shamed 3 time DUI / drunk driving / DWI offenders with a pink license plate.
Committee members rationally thought the pink DUI plates might embarrass other family members who need to drive the car, especially teenagers.
The plate was meant to be a deterrent and not intended to embarrass anyone, proponents claim. Of course, Mothers Against Drunk Driving (MADD) supported the idea.
California man arrested for California DUI, Hit & Run and Auto Theft of mother's car
Man arrested for DUI, hit and run, auto theft
Costa Mesa police arrested a man early Saturday after he allegedly stole his mother's car and drove it through her garage door. Around 5:15 a.m., officers stopped Ryan Stanford Smith, near the intersection of Harbor Boulevard and Fair Drive when they noticed sparks shooting from the undercarriage of his car.
Smith told the officers that his mother was in the backseat of the car, which was untrue. Police went to Smith's house on College Avenue, where his mother claimed, according to Birney, that he had driven her car through the garage door. He was arrested, held for $20,000 bail and charged with California DUI - driving under the influence, hit and run and auto theft.
What to Expect at a DUI Checkpoint
Civilian volunteers - Highway Patrol auxiliaries, Police Explorers, Citizens on Patrol and MADD - also may be there helping to count cars.
It's not illegal in Ohio to turn off before approaching a sobriety checkpoint. But an illegal U-turn likely will attract police in chase cars. Any turnaround could arouse general suspicion of drunk drunking.
DUI Officers may stop every car or every third or fourth car, but the sequence must be planned in advance, not improvised at the scene.
Most stops at DUI checkpoints take less than 40 seconds. Approach slowly, and stop exactly where officers direct you. Only motorists suspected of impairment - based on erratic driving, odor of alcohol, slurred speech, open bottles, etc. - are asked to get out of their cars.
If asked to get out of the car, you will be asked to voluntary acrobatics or DUI field sobriety tests: perform eye-movement or balancing tasks. If you do poorly, you may be asked to blow into an alcohol breath-test machine. Officers need only probable cause, not overwhelming proof, to arrest.
The legal limit is 0.08 blood-alcohol content.
For commercial-vehicle drivers, in California, it's 0.05; in Ohio, it's 0.04. For drivers under 21, in California, it's 0.01; in Ohio, it's 0.02.
In California and Ohio, if you fail or refuse the tests, the officer will seize your driver's license on the spot. If arrested, expect to be handcuffed, taken in and charged. First-time DUI offenders may be released if they can arrange a ride home. A multiple-DUI offender or uncooperative suspect may be incarcerated. In Kentucky, if you refuse a blood-alcohol chemical test and are convicted, the mandatory jail sentence would be twice as long, and you cannot qualify for a hardship license.
Police at checkpoints will take action for other violations, including guns, illegal drugs or not wearing safety belts.
| This website & linked blog is made available by this law firm for general information purposes only and to provide a general understanding of the law, not to provide legal advice. Readers of this website/blog are cautioned that reading the website/blog does not create a lawyer-client relationship between the reader and this law firm. |
