Drunk Driving - San Diego news

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.

San Diego DUI Attorney news:

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.

San Diego Freeway California DUI Lawyer News

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.

Former "Prison Break" star Lane Garrison relives the night someone died while he drove drunk behind the wheel of a car.

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.

The state government is planning to add stringent provisions to the law to grant it more teeth in order to crack down on drunk driving. A proposal to make the necessary amendments would be sent to the Central government soon.

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.

San Diego DUI Attorney news

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.

SAN DIEGO DUI Lawyer news

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.

Could Lindsay Lohan's alleged high-speed chase antics have all been an act? And might she use "method acting" as a novel defense in her California DUI case?

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.

San Diego DUI Lawyer Help news

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.”

Nicole Richie came to court Friday to deal with a California DUI charge initially filed nearly eight months ago.

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.

An audiotape of a 911 call led to Lindsay Lohan's most recent California DUI 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.

Two 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.

Report Claims Lindsay Lohan May be Missing

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 apprehended 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.

Weekend San Diego California DUI Could Cost You $10,000+

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 .

San Diego DUI Attorney news

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 lawnmower stopped, charged with 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-policeman sentenced in NYC DWI death

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.

DUI Attorneys "record client":

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.

San Diego DUI Attorney news

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 .

California Criminal Defense Lawyer - California DUI news

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 California - San Diego Criminal Defense Attorney news

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.

California DUI Attorney update

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.

San Diego DUI Attorney news

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.

U.S. citizen was 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 Drunk Driving to unveil portraits

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.

An Episcopal priest at a church in Glendale has been suspended while he's facing criminal charges.

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 .

Lindsay Lohan was arrested for the second time for driving under the influence. Do people learn?

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.

Police say it's important to teach the dangers of drunk driving to kids at an early age. At a summer camp , some kids are getting a unique view of the problem.

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.

California drunk driving attorney news

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.

San Diego DUI Attorney news

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 Attorney news

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.

Never has a girl needed the help of a magical car more - although it's been six weeks since Lindsay Lohan crashed her car, got arrested for DUI and went to rehab, it's being reported that Lindsay Lohan has just been arrested for DUI again.

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.

DUI Lawyer San Diego update

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,

The groom for Pacific Classic defending champion Lava Man, lost his left arm early yesterday in a crash on Interstate 5 after a suspected San Diego drunk driver hit his van.

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.

San Diego DUI update

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 on suspicion of 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.

Empty Patrol Car Hit While Officer Writing Ticket

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.

Good Old DUI . Boy!

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 .

Under 21? Zero tolerance for DUI in Germany

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.

Deputies: Driver who ran over a man could face DUI charges

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 when he follows puppy onto highway; 19-year-old accused of hit-and-run

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.

A ranking member of the Police Department who is a former D.A.R.E. officer was arrested last week in Worcester and charged with drunk driving. He has been suspended with pay since the arrest.

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.

Drunk driving probationers may be be forced to breathe into an in-car system that measures blood and won't allow vehicles to start if measurable alcohol is detected, under legislation making its way through the USA.

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.

Nissan said it will begin testing a new on-board DUI breathalyzer which theoretically will prevent drunk motorists from starting up their cars.

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.