San Diego DUI help attorney - criminal defense lawyers news

DUI Police say they will step up patrols in the tower district Wednesday night, a popular destination for party goers.

The Fresno Police Department is hoping an increased police presence will keep people from drinking and driving.
Meanwhile, one Fresno man is taking a somewhat different approach.

"The message I hope they get is don't drink and drive. It kills people."

Jeff Banks says he's hoping this car on display in front of his family's business will save a life.

The family owns a towing business, and Banks says the vehicle was towed from the scene of a drunken driving accident.

Now he's using it to spread a message.

"I hate to say it but people are stupid. They keep drinking and driving, getting their cars impounded, drink and drive some more. They need something to slap them in the face. Wake up!" said Jeff Banks, Tip's Complete Automotive.

The in-your-face display went up about two weeks ago as the Fresno Police Department prepared for another night of increased holiday patrols.

Wednesday, as children head out to trick or treat, and adults celebrate with parties, Fresno Police will have a stepped up presence throughout the city in order to keep the roads safe.

There will also be a concentrated effort in Fresno's Tower District, a popular destination for the young and old.

"Because the Tower District has a number of clubs and venues that attract people, we want to make sure they make it to and from their destinations as safe as possible," said Sgt. Eric Eide, Fresno Police Dept.

But as the Fresno Police Department knows so well, they can't prevent every D.U.I. collision.

Jeff Banks says he's seen too many.

He's hoping if the threat of jail doesn't scare someone from getting behind the wheel drunk, the car on display will.

"We were getting so many drunk drivers, accidents from drunk drivers, it was just, wake up people, look what this does."

In addition to Wednesday night's patrols in the Tower District, Fresno Police are also planning to step in on some Halloween parties.

They'll be looking for people who serve alcohol to minors.

San Diego DUI criminal defense attorney news

Los Angeles, California

Kiefer Sutherland is refusing to sign autographs after fans posted photographs of his DUI (driving under the influence) arrest on the internet.

The "24" star was furious when fans started snapping away at him when he was stopped by police for making an illegal U-turn in Hollywood on September 25.

Photographs of the actor looking "tired and emotional" quickly appeared on several websites following his arrest and Sutherland has now decided to snub fans in the future.

Autograph collector Michael Wehrmann told the New York Post newspaper, "He was one of the best. He would always stand and sign for a half hour, but since his arrest, he's been telling collectors, 'I don't do that anymore. You guys screwed me'."

Last month, Sutherland pleaded guilty to DUI and agreed to serve 30 days for his DUI conviction and 18 days for violating his probation following a separate drink-driving arrest in 2004.

In a statement, the father-of-two said, "I'm very disappointed in myself for the poor judgment I exhibited recently, and I'm deeply sorry for the disappointment and distress this has caused my family, friends and co-workers on '24' and at 20th Century Fox."

Kiefer must surrender himself to a county jail on December 21 to start serving his 18-day sentence.

He will have until July 1 next year to serve the remaining 30 days, so it will not interfere with filming on his Emmy award-winning TV show '24' - in which he plays Counter Terrorist Unit Agent Jack Bauer.

San Diego California DUI defense lawyer info

Lawsuit targets cop tied to dropped DUI cases
Class-action status sought in U.S. court

October 30, 2007

A Chicago police officer whose alleged misconduct has caused dozens of DUI cases to be dismissed was sued Monday by a man he arrested last summer.

Officer John Haleas was disciplined this month for failing to follow procedures in a DUI stop, leading to 50 cases being dropped by Cook County prosecutors.

In a proposed class-action lawsuit filed in U.S. District Court, Noe Martinez alleged he was arrested for DUI after he left a Chicago tavern but before he had even started up his car.

The complaint alleges that Haleas wrote false reports and falsely imprisoned Martinez and others like him. The suit seeks unspecified damages.

"Basically, this officer has manufactured really countless false charges and lied under oath in the prosecution of those charges in literally hundreds of cases," said Martinez's attorney, Jon Erickson.

Martinez was arrested after leaving a Chicago lounge on June 7, according to the suit.

He contended he walked to his car in the 2000 block of North Parkside Avenue to use his cell phone and never put the keys in the ignition or drove away. Martinez was approached by Haleas and another officer, handcuffed and placed in a squad car, the suit said.

Haleas did not administer a sobriety test until at the Grand Central District police station, Martinez contended, and testing was inconclusive. Martinez was released but still charged with DUI, the suit said.

In reports filed in the case, Haleas alleged Martinez was driving and refused to take a breath test.

The city's Law Department had no immediate comment.

Erickson said he has spoken to 10 others arrested by the same officer who may join the suit. Martinez's own DUI case is pending, but the attorney said his client expects it will be dropped at his next court date.

"I can tell you this officer has created doubt about hundreds of DUI cases pending in our courts," Erickson said.

Police have said Haleas was given a one-day suspension and was reassigned to desk duty. He had been honored as one of the leading officers in Illinois in the number of DUI arrests logged.

San Diego DUI criminal defense attorney news

State Police will premier an important new tool in educating young drivers about the dangers of DUI / drunk driving /driving under the influence of alcohol.

A DVD video project, titled Choices, will be released across the state Tuesday through the department's Highway Patrol Division.

Initially, 100 copies will be available on an on-loan basis to public schools, churches and youth groups.

The video production has been one year in the making and was produced by the Arkansas State Police Video Support Unit with the assistance of Star City High School EAST lab students.

DUI defense attorneys news

Intoxicated Westlaw Editor Pleads Guilty to Vehicular Homicide

A woman admitted on Tuesday that she drunkenly drove the wrong way on the Jennings Freeway last March 27 and killed a man in a head-on collision.
Paige Bassett, 37, pleaded guilty to aggravated vehicular homicide and will face mandatory prison time -- between two and eight years -- at her Dec. 2 sentencing. Bassett killed Roger Harr, 60, of Brook Park, a widower who was on his way to his job as a security dispatcher for the Cleveland Municipal School District. With him were retirement papers he planned to file that day.
Shirley Jeung of Medina, Harr's sister-in-law, said she will ask Common Pleas Judge Steven Terry to impose the maximum sentence.
"Actually, I'd want more, but the law doesn't allow it,"Jeung said.
Bassett apparently drove down the freeway's West 14th Street exit ramp near Steelyard Commons, zoomed across three lanes and blasted into Harr's pickup with such force that his steering wheel was flush to the dashboard, said Cleveland Police Detective James McNamee.
She said she didn't remember much, and told police she had been drinking at Slam Jams, a former Flats bar that closed years before the wreck. Bassett was an editor for the legal publisher Westlaw, and her demolished car was littered with pages from the Ohio Revised Code.

San Diego drunk driving criminal defense lawyer news

CARLSBAD ---- A Camp Pendleton-based Marine was arrested Thursday after allegedly crashing into another Marine, leaving the second man injured, Carlsbad police said.

The crash was reported at 10:42 p.m. at the intersection of Carlsbad Boulevard and State Street after suspect Kevin Sullivan reportedly struck a motorcycle driven by Shawn Redfield.

Redfield suffered injuries including a broken hand, facial injuries and road rash, and was taken by Mercy Air helicopter to Scripps Hospital for treatment.

Sullivan was booked into the Vista jail on suspicion of felony driving under the influence / DUI / drunk driving.

San Diego DUI criminal defense attorney - shocking, breaking news

SAN DIEGO -- An allegedly-drunk drive accidentally drove the wrong way down a one-way street in the crowded Gaslamp District, allegedly striking several cars, prompting a police officer to unnecessarily and excessively fire a shot at her, and leaving the officer and a pedestrian with minor injuries, police said Sunday.

At that time, San Diego DUI police officers on foot patrol heard squealing tires in the area that led them to a car turning north on Fifth Avenue despite a barricade blocking the turn. There was no explanation for the presence of the barricade. Nor was it disclosed when the barricade was set up.

The driver allegedly drove past the officers to the corner of Fifth Avenue and G Street, where she allegedly tried to squeeze between a vehicle stopped for a red light and a parked police car, barely striking both.

The driver then allegedly drove the wrong way on G Street, a one-way street. As the driver crossed an intersection, the driver allegedly accidentally made contact with a pedestrian, police say.

The driver allegedly backed into another parked car, then drove forward directly at a policeman. The officer orally yelled (without a loudspeaker or bullhorn) for the driver to stop, but it was very noisy.

The officer fired one shot but luckily missed the driver who continued for one-half a block more trying to find a safe place to move the vehicle, before surrendering to police.

The officer and the pedestrian were both treated for minor injuries and released.

The driver was arrested and charged with two counts of assault with a deadly weapon, DUI and 10 counts of hit-and-run driving.

San Diego California DUI criminal defense lawyer news

CHP warns of DUI crackdown on Halloween

10/29/2007

The California Highway Patrol wants you to know it is dead serious about California DUI - drunk driving, especially on Halloween.

If you're caught for a California DUI / drunk driving / driving under the influence, California DUI officers will be treating you to time in the local jail.

Besides possible jail time, a California DUI violator faces the possible loss of his or her license, alcohol-treatment classes and other expenses that can top $10,000.

On the weekend before Halloween last year, the CHP arrested 1,258 people statewide for California DUI or California drunk driving or California driving under the influence.

One way to avoid problems is to designate a sober driver at the night's start.

A California Drunk Driving accident or California DUI is the leading cause of fatal traffic collisions in California, the CHP says. In 2006, it says, 1,597 people died in alcohol-related crashes, and 14 percent of those killed in alcohol-related collisions were under age 21.

Motorists are urged to call 9-1-1 to report suspected San Diego California drunk drivers.

California DUI criminal defense attorney info

Santa Barbara CHP officers arrest several drivers at a sobriety checkpoint in Goleta last night.

The checkpoint was held on Los Carneros Road between Raytheon and Cremona Drives.

Eight drivers were arrested for DUI out of more than 900 vehicles screened.

There were no DUI related collisions and the Highway Patrol says many party goers in Isla Vista had designated drivers or hailed taxi cabs.

San Diego California DUI criminal defense lawyer information

Why does Ashley Pattillo have a November 7 court date?

It's after 2 a.m. The 22-year-old Homer Glen woman has been stopped on suspicion that she's driving drunk, and she's being given a battery of field sobriety tests.

Orland Park police officer Marty Nitsche hits the streets on Thursday, Oct. 2.

Pattillo allegedly says she's just come from a local bar, where she was waiting on customers.

She's supposed to be keeping her head straight as she watches a pen that's being waved side to side in front of her face. She's unable to keep her head still. Pattillo keeps giggling as her head turns to look at the pen.

During the two-minute test, Pattillo apologizes half a dozen times. But, claiming she's sober, she never says what she's sorry for.

Even as alcohol-related traffic fatalities are on the long-term decline - nationwide, they have dipped 33 percent in the past 25 years - Orland Park police say incidents of drunken driving still are staggeringly high: For every one drunken driving arrest Orland Park police officers make on a weekend night, they estimate 100 other inebriated motorists don't get stopped.

During a weekend night shift patrolling the village's bar- and restaurant-lined streets, officers described drunken driving as an intractable problem, saying they don't know why the dangerous behavior hasn't been eradicated.

"With all the publicity that it gets, it's hard to believe that people still do it," Andy Boblak said.

Boblak is Orland Park's most prolific DUI nabber, catching about 30 drunken drivers a year.

To Boblak, the persistence of drunk driving rests in the nature of how alcohol affects the mind: Consuming alcohol impairs one's judgement, keeping a drinker from realizing that he or she is too inebriated to drive.

"Most people think that when their head is spinning, that's considered drunk and anything other than that is OK," he said. "You don't realize your speech is slurred."

Pattillo's stop was initiated moments earlier, when a concerned motorist called 911, telling the dispatcher a silver SUV was driving erratically south on LaGrange Road. Orland Park Police officer Marty Nitsche located the car, a silver Kia Sportage, a few blocks south, at 149th Street. After watching the car swerve and almost hit a raised median, he pulled it off the road, into the parking lot of Orland Park Place shopping center.

As the driver speaks to Nitsche, he notices she has a strong odor of alcohol on her breath, Nitsche would later write in his police report.

At first, she denies drinking.

"Right now she's lying to him, trying to claim she didn't have a drink," Boblak says.

Later, Pattillo says she's just had two drinks.

But Nitsche knows better. Her speech is "slurred and thick tongued," her eyes "bloodshot and glassy," as he later reports, so the officer asks her to step out of her car to take three tests. And she's just failed the first one.

Numbers down, problem persists

According to the national statistics, the number of alcohol-related traffic fatalities dropped from 28,000 in 1980 to 17,000 in 2006. "It's on a long-term decline," said Marti Belluschi, who has worked with an alphabet soup of anti-drunken driving groups, including Mothers Against Drunk Driving and the Alliance Against Intoxicated Motorists. "The frustration is that it's still going on."

In Illinois, 594 people died of alcohol-related crash fatalities in 2006, accounting for just under half of all crash fatalities, Belluschi said.

Each year, about 50,000 drivers are arrested in Illinois for driving under the influence, she said.

Some nights Orland Park police will nab three or four drunken drivers, many nights none, Boblak said.

When someone's caught driving drunk, they often are breaking two laws: The first is "driving under the influence," which simply means that a drug - usually alcohol but possibly another controlled substance - has impaired one's motor skills, reflected in skill tests such as the one Pattillo failed.

This law, commonly known as a "DUI," often is confused with the legal 0.08 blood alcohol limit. Under this state law, driving with a blood alcohol level at or above 0.08 is a second offense, commonly tested by a Breathalyzer test.

Concerned drivers are increasingly calling in possible DUIs because cell phones are now ubiquitous.

"They'll usually call it in, but they won't take it a step further and sign a complaint," Boblak said.

But without a signed complaint - or a police officer actually witnessing erratic driving and catching the motorist - there are no grounds to prosecute a drunken driver.

After Pattillo fails the eye test, she's asked to walk in a straight line and lead with her left foot. Before Nitsche asks her to begin, she starts walking. When he stops her, she says, "I'm so nervous. I'm so nervous." Then, when she starts the test again, she leads with her right foot.

Though police officers use specific tests to determine if someone's impaired, they're also using the same clues that any civilian looks for in determining if a friend is sober.

"One time, I had a girl tell me that she was the designated drinker," officer Shawn Walsh said. "Just as you notice when your friends are drunk, we notice, too."

Often times, deciding if a driver is drunk is a tough call. "It's a hard decision as an officer," Walsh said. "When you make a DUI arrest, you're taking someone's life."

Walsh reiterates that Illinois State Law doesn't forbid having any alcohol. "You just can't be impaired."

"What do I do when you're on the border line?" Walsh said. "You've taken the tests, and you're on the edge."

Belluschi thinks that the core problem of drunken driving is that campaigns against it focus on discouraging driving, not excessive drinking.

"In thinking about drunk driving, we continually look at the driving, driving driving," she said. "But we have to make sure that all the offenders get the treatment they need."

Another reason drunken driving persists, Belluschi thinks, is simply that people have done it without getting caught - and therefore think they can continue with impunity.

"One of the worst things that can happen is when you drink and drive home safely," she said. "Then, you're be more likely to do it again."

Though society has become intolerant of drunken driving in the past two decades, Belluschi says, she still sees more work.

"We have to make it not a threat to your macho-ness if I take your keys," she said. "The message has to be not that I am challenging you, but that I care about you."

More than two drinks

Pattillo is failing the third and final test. Her task is to raise her leg and look at it as she counts to 30. After Pattillo counts to 10, she loses her balance. She keeps apologizing.

"I'm so nervous," she says. "My heart is beating."

Nitsche asks her four times if she's willing to submit to a portable Breathalyzer test. "This will take the nerves out of everything," he says.

Pattillo declines, saying her boss at the bar warned her never to submit to the test.

He arrests her and whisks her across LaGrange Road to the headquarters.

Though there still are thousands of drunken drivers on the road each weekend, advocates see a solution: technology.

"Car manufacturers will put in alcohol sensors in steering wheels," AAIM executive director Charlene Chapman said. "It will be in every car in 20 years."

Engineers already have developed alcohol-sensing technologies, which keep a car from being driven when it gets a whiff of a drunken driver, but designers will need another 10 years to perfect the devices, Chapman said. Passing a federal law will take another 10 years, she thinks.

She compared the alcohol sensors, or interlocks, to seat belts. "They're in every car now," she said. "People take them for granted."

But it's not clear that automakers want the new technology to become mandatory. Wade Newton, a spokesman for the Alliance of Automobile Manufacturers, said car companies are supportive of a "comprehensive look" at interlocks but wouldn't say they are necessarily in favor of the devices.

"It has to be non-invasive," he said. The technology can't hassle the sober driver."

Boblak stays with Pattillo's car, waiting for a tow. To get her car back, Pattillo will have to pay Orland Park's impound fee of $500 - which was raised last summer to deter drunken driving.

In the station, Pattillo agrees to take a Breathalyzer. While waiting the for a Breathalyzer - authorities must make sure she doesn't vomit or bleed in her mouth, which could artificially inflate her blood alcohol level - she cries.

Seconds after she puffs into a machine, the alleged results are printed on a receipt. Nitsche alleges: .184, well over twice the legal limit.

A Santa Clara man convicted previously of causing a fatal crash while driving drunk has been sent to state prison for 25 years to life under the "three strikes" law for fleeing from police at up to 120 mph while under the influence under California DUI law.

Stanley Barrymore Newton, 49, allegedly had a blood-alcohol level of 0.20 percent - more than twice the legal limit - when he ran two red lights on July 8, 2006, while trying to evade a police officer in San Jose.

The officer was trying to stop Newton for driving his Toyota Camry over the solid yellow lines at Lincoln Avenue and Lonus Street. Newton refused to stop and got onto Interstate 280, where he sped away at up to 120 mph.

The officer stopped chasing him because of safety concerns but later caught up to him on a side street. Newton pleaded guilty in March to felony reckless driving while evading a peace officer and California DUI - driving under the influence of alcohol.

The evasion charge counted as Newton's third strike. He was sentenced Monday by Judge Andrea Bryan of Santa Clara County Superior Court under California's sentencing law that requires a term of 25 years to life for any convicted felon who has previously committed two serious or violent felonies, or strikes.

"This is exactly what the voters were thinking of, a scary kind of person who can harm anyone at any point," said Kevin Smith, the deputy district attorney who prosecuted Newton.

Amy Cornell, district attorney's spokeswoman, said, "Courts are often reluctant to (discount) strikes of this kind because they feel that DUI offenders are often a serious threat to public safety."

Allen Speare, Newton's California DUI / criminal defense attorney, handled the case.

Newton, who worked at two PW Markets in San Jose, had been in custody since February, when prosecutors learned that he was a three-strikes candidate because of a previous alcohol-related crash.

In 1988, Newton was driving with a 0.12 percent blood-alcohol level when he crashed a Chevrolet Camaro into a light pole on the Capitol Expressway, prosecutors said. A passenger in the front seat, 36-year-old Richard Frable - his then-wife's cousin - was killed. Two back-seat passengers sustained head injuries.

Newton's driver's license had been suspended at the time because of a previous DUI conviction. He was convicted of vehicular manslaughter, DUI - driving under the influence of alcohol and causing injury to multiple victims.

He was sentenced to one year in county jail and three years' probation. But after he violated his probation in part by not attending mandatory alcohol awareness classes, Newton was sentenced to three years in prison.

The vehicular manslaughter and causing injury convictions counted as two strikes for purposes of his sentencing this week.

"He was on the road, drunk again, and he was more drunk than the last time," said Assistant District Attorney David Tomkins.

San Diego California DUI criminal defense lawyer news

Weekend Before Halloween Typically Has High Number Of DUI Arrests

October 27, 2007

Sonora, California

Last year, the weekend prior to Halloween, the California Highway Patrol arrested 1,258 people throughout the state for California drunk driving - driving under the influence (DUI).

“A lot of people are going to have Halloween parties this weekend, and we know that there are going to be a number of adult parties,” says CHP Officer Tom Wills. “If you know that you are going to a party, you should be setting up a designated driver ahead of time.”

Wills notes that this is the first of the seasonal holidays, and many will take the opportunity to celebrate. The CHP does not discourage anyone from having a good time, but asks everyone to celebrate safely.

The CHP encourages motorists to call 911 to report suspected California DUI or drunk drivers.

San Diego Drunk Driving criminal defense attorney help

San Diego DUI criminal defense lawyer Rick Mueller is a Specialist Member of the California DUI Lawyers Association.

For immediate help, San Diego drunk driving criminal defense lawyer Rick Mueller offers a free San Diego DUI evaluation at

San Diego DUI Help

This gives you a chance not only to counter the DUI report by the San Diego County drunk driving police, but also to review your case and get all your questions answered by a San Diego drunk driving criminal defense attorney who has spent 23 years defending cases like yours.

San Diego California criminal defense attorney specialist Rick Mueller will get right back to you. Rick looks forward to analyzing the particulars of your San Diego DUI case and formulating your best strategy for San Diego DUI - DMV defense.

California DUI criminal defense lawyer news

TV host and actor Gary Collins was arrested for investigation of a California DUI - drunk driving - driving under the influence after a crash that police blamed on another driver, an 89-year-old man.

Collins, 69, was booked after the crash Tuesday in the San Fernando Valley. He was later released on $40,000 bond.

It wasn't clear whether Collins had retained a California DUI criminal defense attorney.

"He was not at fault in the accident," California DUI police maintain. "The other motorist failed to yield to oncoming traffic and collided with Collins' vehicle."

The actor's sports utility vehicle subsequently crashed into two parked cars, Harding said.

"Officers smelled alcohol on his breath and initiated a field sobriety test, which he failed," it is alleged.

Collins was uninjured. The other driver was taken to a hospital for examination of unspecified injuries, and the California DUI investigation was ongoing.

San Diego DUI defense lawyer news

After seven years of paying the consequences for a driving under the influence ticket, Tim Glaum was excited about returning to his career as a truck driver, but he soon found that wouldn't be possible.

When Glaum received a DUI, the California Department of Motor Vehicles reported the violation for seven years, but because of legislation passed under Senate Bill 597, DUI related convictions now stay on a person's DMV record for 10 years.

Glaum found out about the new law after he was hired as a truck driver and later told by the potential employer that he had the DUI on his record.

"It was embarrassing," Glaum said. "It made me look like a liar."

Glaum went to the local DMV where he found the DUI was in fact still on his record, and he found the law had changed to 10 years, although neither he nor the local DMV representative had known the law had changed, he said.

Glaum said for seven years, he had paid the price of getting a DUI and done everything required of him. Because of a learning disability and lack of other training, Glaum couldn't find another job that paid enough to support his family. He had been looking forward to again becoming a responsible member of the community, he said.

Last month, when the seven years was up, he had a truck driving job lined up, but when the company checked, the DUI was still on Glaum's record, as new legislation had extended the reporting period to 10 years.
"So basically, I was resentenced to another six years," Glaum said. "That's double jeopardy."

Effective January 1, 2007, new legislation extended the reporting period for DUI related offenses from 7 to 10 years for all "public requesters," including insurance companies, according to new California Department of Motor Vehicles Reportability Requirements.

Senator Tom Torlakson (D) Antioch, authored SB 597, which was sponsored by State Farm Insurance. State Farm argued in the bill analysis that the bill conformed to the "good driver" definition related to changes made in Proposition 103 and other legislation pertaining to drunk driving, including increased penalties that apply to two or more DUIs.

Glaum, however, contends that the change in reporting for 10 years will now cause some drivers to have back-to-back DUIs, that wouldn't have had two under the seven-year rule. Additionally, he says it is inherently unfair to drivers like himself who were convicted under the seven-year requirement to have the rules changed in midstream without them even being notified that the bill was in the legislature.

Glaum said he had suffered working at dead end jobs for seven years trying to support himself and his daughter, and he had done everything asked of him, including paying the fines, attending the DUI classes and quitting drinking completely.

Now changing the law was like changing a person's sentence in mid-stream for a past violation or crime, he said.

According to the new DUI Reportability Requirements by DMV, as of January 1, "If you request an out-of-house/public driving record printout, any DUI offense on your record will appear for 10 years from the violation date."

Still the change doesn't appear in the Vehicle Code. Rather SB 597 amends section 1861.025 of the Insurance Code, relating to auto insurance, according to the senate bill.

Still, Armando Botello, media information officer for DMV, said the DMV will keep drunk driving charges on a person's driving record because of provisions of the senate bill. Botello said the new DMV reporting rules are available at http://www.dmv.ca.gov/pubs/dui/reportability.htm.

The new law allows insurance companies access to driving record information to properly apply the new provisions of the Insurance Code established under the bill, to determine a customer's eligibility for a good driver discount, according to DMV. Based on the new laws, drivers with a DUI violation occurring within the past 10 years are not entitled to receive a good driver discount.

But with the DUI still on Glaum's record, he won't be able to work as a truck driver for at least three more years, and Glaum claims he was told by a DMV representative that the reporting period was going to increase to 13 years. However, Botello, the DMV spokesman, said that it will not increase to 13 years.

Still, according to DMV reportability requirements, a DUI remains on your driving record for 10 years and is reported to "all public requesters," including employers. DUIs that have gone off a person's record after seven years will reappear if they were received less than 10 years ago.

Glaum said he is going to protest the new legislation to everyone including the governor.

"If I have to, I will camp out on the governor's doorstep," Glaum said, "and I hope other people protest." "If the state can do this to me, they can do it to you by changing a law that affects you."

San Diego California DUI Checkpoint - criminal defense lawyer news

SAN DIEGO Drunk Driving news

A San Diego DUI - driving under the influence crackdown in Escondido put 10 people in jail Saturday morning, including two accused of strong-arm robbery.


The DUI Saturation Patrol was out from 6 p.m. to midnight Friday throughout the North County city.



In total, six people were arrested for suspicion of drunken driving or driving under the influence of drugs, two were arrested for suspicion of being under the influence of a controlled substance and two were arrested for suspicion of strong arm robbery.


Twenty citations for other traffic-related issues were also given during the special patrol, and 11 vehicles were impounded from drivers who did not have a valid license or who were arrested for other reasons.


One person was cited for allegedly possessing of marijuana. Additionally, one of the six people arrested for suspicion of driving under the influence of drugs was also charged with cocaine possession.


The special patrol was funded by a grant from the California Governor's Office of Traffic Safety, through the National Highway Traffic Safety Administration.

DUI - Drunk Driving attorney - lawyer news for Halloween

Halloween could turn into a real nightmare for those who choose to drink and drive. Law enforcement agencies across Colorado will be working overtime during the holiday period to arrest impaired drivers, reports the Colorado Department of Transportation (CDOT). The stepped up Heat is On enforcement begins at 6 p.m. on Friday, October 26 and continues until 3 a.m. on Thursday, November 1.

“Halloween should be a time for scary costumes, trick or treating with the kids and good family fun,” said Pam Hutton, CDOT governor’s representative for highway safety. “But unfortunately, Halloween has also become a very dangerous and deadly time of the year due to impaired driving.”

According to the National Highway Traffic Safety Administration (NHTSA), 41 percent of all highway fatalities across the nation on Halloween night involved a driver or motorcycle operator with a Blood Alcohol Concentration (BAC) of .08 or higher, which is illegal in every state.

In 2006, 217 people died in alcohol-related traffic crashes in Colorado. Three-quarter of those killed were men and nearly one in six were riding motorcycles. Seventeen percent of victims were under age 21.

The Colorado State Patrol and more than 60 agencies have filed plans for increased patrols and saturation patrols over the 6-day holiday enforcement period. During last year’s Halloween crackdown, Colorado law enforcement agencies made 562 DUI arrests. DUI violators often face jail time, loss of their driver’s license, alcohol-treatment classes and other expenses that can exceed $10,000.

For a safer Halloween weekend, CDOT and CSP recommend these simple tips:

Designate your sober driver before going out and give that person your keys;
If you are impaired, call a taxi, use mass transit or call a sober friend or family member to help get you home safely;
Always buckle up – it’s still your best defense against an impaired driver;
If you know someone is about to drive while impaired, take their keys and help them make other arrangements to get where they are going safely.

California drunk driving attorneys news

DUI-related accidents in a Wisconsin County nearly quadrupled from the spring to the summer, making this past quarter one of the worst for DWIs in the county's history.

Local police call the crash on Western Avenue of Brown County one of the worst they ever saw. On July 30, three men -- all drunk -- died when their speeding car careened off a road and wrapped around a tree. One of the men had a blood-alcohol content nearly four times the legal limit.

Between July and September, there were eleven fatal crashes in the county. Thirteen people died.

During the same period last year, four people died in four crashes.

"For one quarter to have eleven fatal crashes involving 13 fatalities, that's a seriously bad quarter," Captain Randy Schultz of the Brown County Sheriff's Department said.

What's worse, according to Schultz, two-thirds of those crashes involved alcohol.

"Northeast Wisconsin accepts drinking and driving," Captain Schultz lamented. "It's almost like this is the cost of doing business. How do we change that?"

Frankly, Schultz doesn't have a solution and says he's out of options. Officers feel like they've hit a roadblock.

"How much more enforcement can we do, and education aspect? I don't know what other angles we can hit. And engineering, how do you engineer against drunk-driving crashes?"

These are questions officers fear will end in more scenes like the one on Western Avenue before they find answers.

California San Diego DUI drunk driving criminal defense attorneys news

The Scottsdale Police Department is telling alcohol drinkers in Scottsdale to "decide their ride" - an ambulance, a police car, or a taxi.

Officers from the department's downtown enforcement squad will visit area businesses, restaurants, and bars Friday night handing out posters in hopes the businesses will display them to remind customers the consequences of drinking and driving.

The posters read, "Decide your ride" across the top with letters highlighted to read "DUI." The posters also show an ambulance, a police car, and a taxi with a caption: "Make the right choice. Impaired drivers kill."

This comes about one month after the state's tougher DUI laws went into effect. First-time offenders now face higher fines and will need to install ignition interlock devices on their cars. "Super Extreme" DUI offenders, those driving with a blood alcohol content of 0.20 or higher, will face a minimum of 45 days in jail.

Despite the new laws, Scottsdale police have arrested 138 people since Sept. 19 for DUI, 21 of those for extreme DUI, according to the release.

Police said while a cab ride costs most people $20, a DUI arrest will cost much more in fines, fees, costly vehicle attachments and jail time.

Drunk Driving criminal defense lawyers news

Auburn senior basketball player Frank Tolbert was found not guilty of drunk driving Wednesday, according to an Auburn municipal court official. Tolbert was convicted of driving on the wrong side of a roadway and fined $117.

Auburn police Capt. Tom Stofer said Tolbert, 21, jumped a fence at United Auto Collision in Auburn, where his vehicle had been towed for parking in a restricted area. To exit the lot, Tolbert allegedly drove through a metal gate.

A nearby witness called police, who initiated a traffic stop at 3:17 a.m. on Sept. 20 and subsequently arrested Tolbert for driving under the influence or DUI.

Tolbert was acquitted of the DUI charge because his estimated blood-alcohol content was .05. Under Alabama law, a person with a blood-alcohol content of .08 is presumed to be intoxicated.

Drunk Driving while text messaging - California DUI criminal defense attorney news

A man is charged with drunk driving after hitting a train while reading a text message.

DUI police say the car driven by 38-year old Robert Gillespie crashed into the side of a Union Pacific freight train about 2 A.M. Tuesday morning.

When officers arrived, Gillespie was trapped in the car but alert and talking.

They learned about the cell phone and text message as they worked to rescue him.

He was charged with DUI - drunk driving.

San Diego DUI lawyers

A drunken driver crashed into an overturned car,
killing a man inside on Interstate 5 in University City today.

John Okief, 28, was booked on suspicion of felony drunken driving
roughly 2 a.m. collision in southbound lanes near Gilman Drive, according to
the California Highway Patrol.

The driver of a Volkswagen Jetta crashed, and the car came to rest on
its roof in the rightmost lane; one minute later, a Toyota struck it, killing
the Jetta driver. Okief was taken to jail after being checked out for minor injuries at Scripps La Jolla Hospital, according to the highway patrol.

A 24-year-old San Diego woman riding in the Toyota also was taken to
Scripps La Jolla with moderate.

San Diego DUI criminal defense drunk driving lawyers news

California (San Diego DUI news)

A woman arrested five times in six months on suspicion of a San Diego California DUI - drunk driving, including three times in the last month, was told by a judge not to drive after finding out she still had a valid license.

"You are not to drive under any circumstances," Superior Court Judge Patricia K. Cookson ordered.

Tiffany Adamo, of Ramona, pleaded not guilty Wednesday to the San Diego DUI - drunk driving charges through her San Diego California criminal defense lawyer.

She was arrested Saturday afternoon in a shopping center parking lot of this east San Diego suburb after she pinned a 7-year-old boy between her 2000 Toyota Camry and her mother's car, police said. The boy was not seriously hurt.

It came three days after the Ramona woman was arrested when police found her passed out behind the wheel and blocking traffic. It was Adamo's third arrest for suspicion of driving under the influence in the suburb since Sept. 27.

The California Highway Patrol and the San Diego County Sheriff's Department have also arrested her on suspicion of a San Diego DUI or driving under the influence.

Despite the multiple arrests, Adamo had a valid driver's license. The judge said Adamo has had two hearings before the Department of Motor Vehicles, which allowed her to keep her license because she showed that she was taking medication under a doctor's prescription.

Cookson granted a prosecution request to increase Adamo's bail from $250,00 to $1 million.

One more reason not to drink and drive: needles.

Tempe police may be following in the steps of Phoenix police and turning to drawing blood instead of using Breathalyzers to measure blood alcohol content, according to officials.

"Basically we want to make sure for these types of cases that we get the best evidence as possible in the most efficient means as possible," said Sgt. Mike Horn of Tempe police.

Tempe police currently use a combination of breath samples and blood samples depending on the types of situations, Horn said.

Horn said Tempe police administer a blood test if a fatality accident is involved.

"In misdemeanor cases we primarily use breath tests," he added.

Two of six Phoenix Police Department precincts, Desert Horizon and South Mountain, are using only blood samples for DUI tests, said Sgt. Chris Moore of Phoenix police's Vehicular Crimes Unit.

By 2010, Moore said they hope to use blood as the primary evidence collection for DUIs.

Moore said that when a suspect is pulled over, police officers take the suspect to the police station or to a DUI van to administer the test. They take two vials and one can be given to the suspect for independent testing, he said.

"Evidence can be obtained and analyzed till a later date and it's something we can hold onto if the defense attorney has questions at a later date," Moore said.

Phoenix police are turning to blood samples because it is considered the gold standard in the scientific community for analysis of evidence, Moore said.

About 40 percent of cases involve blood samples at this time, he added.

Phoenix law enforcement phlebotomists — a person trained for drawing blood for testing — attend a 40-hour school on how to draw blood from people, Moore said.

Tempe police statistics reported 1,436 misdemeanor DUI arrests in 2006, which are classified by a BAC between .08 and .15. Tempe police also reported 596 extreme DUIs, classified as anything more than a .15 BAC.

Film and media production freshman Nik Gravelle said he doesn't like the idea of having police officers administer a blood test.

"I think breathalyzers are good enough," Gravelle said. "People are being caught enough with breathalyzers. Let kids party."

California San Diego DUI criminal defense lawyers news

Out of 40,000 fatalities on America’s highways annually, drunk drivers account for 20,000 deaths. Untold numbers of drivers and passengers suffer dismemberment, whip lash, internal injuries, lacerations, contusions and broken bones.

Each accident occurs because chronic drunks hit the road with their 5,000 pound missiles! National studies show an average of 14,000 drunks drive our nation’s highways every hour of the day 24/7. No amount of driver training, gory crashes or continuing education stops drunken drivers from weaving through American traffic until they crash into someone.

On May 3, 1980, Fair Oaks, California, Candy Lightner’s 13-year-old daughter suffered death at the hands of a drunken hit-and-run driver that continued driving after numerous DUI convictions. "I promised myself on the day of Cari’s death that I would fight to make this needless homicide count for something positive in the years ahead,” Lightner said.

Lightner, a housewife, organized Mother’s Against Drunk Drivers, MADD. Years later, she resigned because her organization morphed into a “prohibition” stance instead of working for tough legislation against the crime.

Today, MADD operates contrary to the good of the American motoring public by hiding, even intentionally ignoring a growing highway nightmare: tens of thousands of drunken driving illegal aliens. According to Driven Magazine, Spring 1999, “The study was the first to analyze the fatal crash involvement of Mexican-Hispanic subgroups. This group had the highest rate of alcohol related traffic fatalities at 59.7 percent. Mexican-Americans followed with 52.5 percent.”

Every 14 seconds in America, someone suffers injuries in an auto crash. One person suffers death every 13 minutes. Every year, 3,000 children under eight die in car crashes.

The illegal Hispanic-Mexican population increased 57.9 percent in the past 10 years in America. From past statistics, Americans can expect greater danger on our nation’s highways.

Yet, MADD won’t go after the growing danger of unlicensed, uninsured illegal aliens causing death across America!

Driven Magazine reported, "In Mexico, the culture is very much a drinking culture. After a hard day at work, it is normal to end the workday by drinking beer. At social events - celebrations, visiting friends - it is commonplace to drink, for the men. Drinking alcohol starts early for male Hispanics--as early as age 12.

"Also, in Mexico, traffic laws are quite different and the use of seatbelt restraints is almost unheard of. So, when you combine the Hispanic drinking culture with the lack of education on drunken driving prevention, you end up with tragic consequences."

Driven continued, “Hispanics also believed that it takes six to eight drinks to affect driving. Even more discouraging is that statistics show that the overall death rate due to motor vehicle crashes is higher among Hispanics than it is among Anglos or African-Americans.

“U.S. Census figures show the Hispanic/Latino population is the youngest and fastest-growing segment in America. This rapid growth, combined with a higher tendency to drive after drinking, is a recipe for death.”

"The need to communicate lifesaving messages about drunk driving and underage drinking to the Spanish-speaking population is unquestionable," says Dr. Raul Caetano of the University of Texas School of Public Health and MADD national board member.

Unfortunately, MADD neglects to comprehend that we can’t change culture overnight no matter how much education. Culture takes decades to change. That means thousands of American lives hang in the gallows as millions of illegal aliens continue crossing into America.

This dilemma illustrates our national state of denial at the multitude of consequences facing us from the loss of the rule of law…from the loss of our sovereignty…from the loss of respect for our own society.

How could we stop the Mexican mayhem on our nation’s highways? Simple: close the borders. Create “attrition through enforcement” which would find aliens returning to their own country drinking and driving to their hearts content.

Beyond the Mexican dilemma, MADD’s lacks of creative ideas to stop drunken driving, which hasn’t changed since 1980 when Lightner formed the organization. Tens of thousands of Americans suffered alcohol driving related deaths since 1980.

For more information please visit: mothersagainstillegalaliens.org

Imagine how quickly we would have stopped drunken driving in America by this simple idea: 1. When a driver receives his/her license, he signs a document showing he understands the consequences of a DUI. 2. Upon receiving his first DUI, the driver loses his license for two years and he loses his car to impound storage for two years. He receives six months in jail automatically. He pays for hauling, storage and administrative fees. Private companies would love to store drunk driver cars. By losing the car for two years, the drunk driver couldn’t easily go out and obtain another one. 3. If the driver suffers a second ticket or DUI, he loses his license and car for four years. He goes to jail for one year, automatically with no exceptions. If he receives a third DUI, he is banned for life from driving with a felony record. 4. Each time, insurance rates double, then triple for each DUI. 5. If a friend loans his car to a drunken driving friend, the car goes to impound storage for the specified time period. If the owner wants it out, it will cost a flat fee of $2,000.00 or remain in storage for the allotted time. Cars never picked up after a specific time could be sold for auction.



This method guarantees the loss of cars for drunk drivers. They can’t pay the ticket and jump back into their car. This method would cut drunken driving 90 percent because when you take away their cars, you take away their ability to kill people. As it is, thousands of innocent lives in the past and into the future will continue a one way trip to the grim reaper because MADD beats around the bush and our nation’s leaders refuse to enforce the rule of law.

San Diego criminal defense drunk driving attorneys news

Florida Gulf Coast University senior Mike Harney, the school's record-holder, has been kicked off the Eagles cross country team after being arrested for first-offense DUI (alcohol or drugs) by campus police.

Harney, a 23-year-old North Fort Myers High School graduate, transferred from Cowley (Kan.) Community College after his freshman year. He immediately became the Eagles' best runner and holds seven of the school's top-10 times, including the record of 26:50.

DUI lawyers San Diego California criminal defense attorney news

Sacramento Undersheriff Tom McMahon confirms two deputies, one a sergeant, have been arrested for DUI in the past two weeks. In one incident October 4, the sergeant was initially let go by a Roseville officer after the stop. Both the deputies were off-duty at the time of the separate incidents.

Sgt. Christopher Guerrero, 41, has now been charged with misdemeanor DUI by the Placer County district attorney. Those charges come almost two weeks after he was stopped on Douglas Boulevard near Harding in Roseville, suspected of drunk driving, but allowed to avoid arrest and be driven home by another, sober driver.

As McMahon was addressing the issue of Guerrero's arrest Wednesday, he revealed that a few days after that October 4 incident, another off-duty deputy was arrested in Sacramento County on suspicion of drunk driving. McMahon declined to release that deputy's name or details of the incident, only saying the arrest was made by an officer of another law enforcment agency within the county.

Initially, McMahon said it had been several years since a deputy had been charged with drunk driving. But there is the second DUI cop.

The Roseville incident has kicked off two separate internal investigations. The sheriff's department is investigating Guerrero's actions, and the actions of two other off-duty deputies who may have tried to intervene during the traffic stop.
Meanwhile in Roseville, the police department is investigating the actions of their officer involved, and why the deputy was apparently given preferential treatment.

The department claims it remains committed to fair and impartial law enforcement, including diligent enforcemnent of DUI laws for the protection of the community. Why are cops getting a California DUI or drunk driving?

Sacramento County Sheriff department's internal investigation may not be complete until later next week. Depending on the outcome of the investigation, he said all three deputies could face discipline for conduct unbecoming an officer.

McMahon said neither of the arrested deputies face termination, and both remain on the job pending the investigations because their duties are not driving a county vehicle. Guerrero is a sergeant in the jail.

"It is something we do not condone. It is something we need to be responsible to the community for, and we will," said McMahon.

The DUI charges against Guerrerro are misdemeanors.

San Diego California DUI attorneys

DUI prosecuters want to get California drunk drivers for murder, was inspired by death of Orange councilman.

Gov. Arnold Schwarzenegger and lawmakers from across the state gathered in Santa Ana Wednesday to commemorate new DUI legislation inspired by the death of Orange city councilman Steven Ambriz.

“This bill was named after Steve Ambriz,” Schwarzenegger said at somber press conference attended by Ambriz’s widow, Bridget, and their 4-year-old daughter, Kaitlyn. “He was an extraordinary public servant and a friend to the people of Orange County.”

Ambriz, 35, was killed in a traffic accident last year by a woman who plead guilty to driving under the influence of methamphetamines. She was sentenced to 10 years in prison for gross vehicular manslaughter while intoxicated and for possession of marijuana. It was the maximum sentence under law.

The Steve Ambriz Act attempts to increase the penalty by requiring all Californians applying for or renewing a driver’s license to sign a statement acknowledging the dangers of driving under the influence of drugs or alcohol.

Such statements will make it easier for prosecutors to pursue second-degree murder charges against those who kill while driving under the influence or DUI / drunk driving.

California San Diego Lawyers - criminal defense - DUI & drunk driving news

Bainbridge Public Safety Officer Collin Hastey made a DUI arrest Tuesday night after he stopped Patrick W Bell, a sexual predator.

Officer Hastey saw a car make a wide turn onto MLK. The car then turned on its left signal, turned it off and then turned on his right signal. The vehicle made a right turn onto Collier in front of Hutto Middle School.

As Officer Hastey was calling in the tag, the car stopped in the road, and Patrick W Bell got out. So then Officer Hastey turned on his blue lights. The tag came back with no insurance. Officer Hastey also smelled alcohol and tested Mr Bell.

Patrick W Bell was charged with DUI or drunk driving.

DUI California drunk driving defense San Diego attorneys news

Top DUI cops recognized

RID, the group Remove Intoxicated Drivers, paid tribute at Carlouel Yacht Club Sept. 27 to area law enforcement officers and others dedicated to getting DUI / Drunk Drivers / impaired drivers off the road.

Community awards were presented to the Salvation Army, Community Traffic Safety, Suncoast Safety Council and Juvenile Arbitration. Law enforcement awards went to representatives of nine police departments, the Florida Highway Patrol, the Pinellas County Sheriff’s Office and three state attorneys for their prosecution of DUI cases.

Officer Robbi Arkovich of the St. Petersburg Police Department received the top RID honor, the Joni Award, for achieving 1,000 DUI arrests. The award is named after Joni Carey, who was killed by a drunk driver.

DUI - Drunk Driving criminal defense lawyers news

A state lawmaker was arrested overnight for DUI - driving under the influence of alcohol after crashing his car.

Vice Speaker of the House -- Representative Jon Karamatsu -- pled not guilty in court this morning.

Police say Karamatsu's blood alcohol content was 0.171 -- more than twice the legal limit.

Despite that "not guilty plea," Rep. Jon Karamatsu told me he did have some drinks before the crash, but thought he felt ok to drive.

Around 1:15 in the morning, Karamatsu was driving on the Moanalua Freeway westbound, heading home from a social event in town.

"You know I had a couple drinks. It was a social event for elected officials and a mixer," said Karamatsu.

Karamatsu says he's been having car trouble lately.

"When my car bogs I have to step on the pedal more and so it jerked and I lost control. And it veered towards the pillar and so I don't know if my instant reaction was to turn or something to get away from the pillar," said Karamatsu.

His car slammed into the concrete median at the Ahua Street overpass near Mapunapuna.

He escaped with minor injuries.

"Luckily I turned it and the car probably saved me by hitting that side," said Karamatsu.

Karamatsu called police, and was arrested for driving under the influence.

Police say Karamatsu's blood alcohol content was 0.171 -- more than twice the legal limit.

"I actually did support legislation on DUI issues so it's kind of ironic that I'm involved in allegedly involved in a situation like this," said Karamatsu.

Drunk Driving San Diego California criminal defense attorneys update

A man who had twice been convicted of DUI - driving under the influence entered a plea on charges of DUI manslaughter Tuesday and received a sentence of 13 years in prison.

According to the state attorney's office, the charges were in connection with the death of Glenn R. Roy, who died after his van was struck by the van Defendant Finch was driving the wrong way on State Road 77. According to Meadows, Finch drove head-on into the northbound lanes of Highway 77.

Meadows said the laboratory of the Florida Department of Law Enforcement put Finch's blood alcohol level at .331. The limit is 0.08.

The state attorney's report said Finch had twice been convicted of DUI previously, with his license revoked for five years for a 2004 Washington County conviction.

Florida law requires that an inmate serve at least 85 percent of a sentence.

Underage DUI - San Diego California attorneys criminal defense drunk driving news

Students received a life lesson Tuesday afternoon as they heard about the dangers of underage drinking and driving.

In the shadows of several recent teen traffic fatalities in Saline County, more than 100 Carrier Mills students packed onto the bleachers of the high school gymnasium where the slogan "Don't Be Sorry" was presented.

"I'm not here to preach to you guys," said Ted Penesis, industry education manager for the Illinois Liquor Control Commission. "We have an important message for you. Don't be sorry."

Penesis kept his comments short but powerful as he ran through the multitude of negatives behind drinking underage.

"You are five times more likely to be an alcoholic if you begin drinking at 15 (years old) or below than if you start when you are 21," Penesis said.

Next, Marti Belluschi took to the podium and told the students about legal consequences for being caught drinking and driving. She talked about homicides, suicides, drowning, and other injuries and deaths that occur from teens partaking in alcohol-related activities.

She then turned the mood of the presentation from statistics to the story of her life.

"Based on my experience, I unfortunately know more about drunk driving than anyone ever wants to know," she said.

As Belluschi told the students about an accident in which a car she was riding in was hit by a drunk driver, many kids stopped talking, stopped looking around the gymnasium, and focused their full attention on her.

At the age of 15, Belluschi was riding in a car with her father when they were struck by a drunk driver. She received serious injuries from the accident; doctors did not know if she would live, she said.

"They couldn't tell my mother I was going to live," she said. "I was just a normal high school student on the way to see my friends just six hours before. I was in a coma for five days because of that man."

She told the students she is reminded of the accident each morning when she looks at her face - a face she said is not her own because of the extensive amount of reconstructive surgery.

"I do my work for you and for your classes because teens who drink and drive tend to kill themselves and kill their friends," she said. "In too many cases they are good teens making bad decisions."

Belluschi said 43,000 people are killed in American each year because of car crashes. Among those, 17,000 are alcohol-related.

She went on to say 2,300 teens are killed each year as a result of drinking and driving and of those 100 are from Illinois. "That's no football games, no prom, no limousines, no marriage," she said. "That is dead and buried."

State Farm Insurance released statistics for 2005 that show 193 Illinois teens were killed in traffic accidents.

California San Diego criminal defense lawyer news

Northfield man's successful challenge to his breath test results after being arrested on suspicion of drunken driving could open the floodgates in Minnesota and around the country.

Last month, Dale Lee Underdahl got to keep his driver's license after a Dakota County judge ruled that results of the breath test - in which Underdahl's blood-alcohol level was determined to be 0.23 percent, nearly three times the legal limit to drive - could not be used to revoke his driver's license. Underdahl's attorney had demanded a copy of the breath test machine's source code to help determine if it worked properly, and the manufacturer would provide it only with reams of stipulations.

Dakota County Judge Richard Spicer said the company's response was "too little, too late."

Judges and defense attorneys say the "source code defense" is becoming a common argument for defendants hoping to keep their driver's licenses. Underdahl's case also could be cited in legal appeals for cases that already have closed.

"We plead it in every single DWI case we do now," said Marsh Halberg, of Halberg Criminal Defense in Bloomington. "Any attorney worth his salt will be pleading for the source code."

Minnesota joins courts in Florida, Georgia and New Jersey that have wrestled with manufacturer CMI Inc., of Owensboro, Ky., over access to the Intoxilyzer 5000EN source code. In Florida, hundreds of DWI cases have been stuck or thrown out while awaiting the code, and judges in Sarasota and Manatee counties have fined CMI more than $100,000.

In his Sept. 25 order closing Underdahl's civil case, Spicer noted that the Intoxilyzer has been used to revoke "tens of thousands" of driver's licenses in Minnesota and prosecute an equal number of drivers. Minnesota authorities used the machine 34,000 times last year.

Many of those cases spent months on hold, awaiting a Supreme Court decision that determined the source code was, indeed, "discoverable" evidence that Underdahl could request at trial.

But the Supreme Court opinion, issued in July, stopped short of requiring that the computer code be presented or evaluated for the Intoxilyzer results to be trusted. Instead, the justices left that decision in the hands of trial court judges.

The aftermath of the Supreme Court ruling has been a hodgepodge, said Underdahl's attorney, Jeffrey Sheridan. He now challenges Intoxilyzer results and demands to see the code in all his cases, but he doesn't expect to always get the same result.

"We're back to fighting about each individual case," Sheridan said. "Now there is an order from the state's highest court saying this stuff is absolutely discoverable ... but they didn't say judges had to order it. Some judges are ordering it, and some are not."

"We're kind of in somewhat unchartered waters here. ... (It's) piecemeal," Sheridan said.

Spicer set an Aug. 17 deadline for CMI Inc. to release the code, but the company missed the deadline and later asked for extra time. Then, on Sept. 18, CMI agreed to release the code if dozens of conditions in an 11-page protective order and nondisclosure agreement were met.

"I am taking actions ... to allow controlled viewing of our source code," wrote CMI President Toby Hall, in a Sept. 25 letter to its clients.

Among the many stipulations: The source code would be shared only with expert consultants approved by the company.

Another stipulation: The agreement would be enforced by a judge in Daviess County, Ky.

Some judges have balked. In the Underdahl case, Spicer wrote that CMI's slow response showed "a serious lack of insight and concern for the orderly administration of justice in this state."

But other judges - most recently, one in Wright County, Minnesota - have signed on the dotted line.

"There are different judges that have looked at the issue and come to different decisions," said Dakota County Judge Ed Lynch, assistant chief judge of the 1st Judicial District.

Even without Intoxilyzer results, a defendant still might be found guilty of drunken driving based on other evidence, such as slurred speech, erratic driving or his or her own admissions when stopped by police. The breath test results are used to prove the driver's blood-alcohol level was in excess of 0.08 percent, a separate and more difficult charge to prove than driving under the influence.

DWI cases are prosecuted in both civil court - which deals with driver's license revocations and license plate impoundments - and criminal court, where penalties can include prison sentences. To date, defense attorneys have mostly used the "source code defense" in civil cases.

But that may be changing.

"It started on the driver's license side and is now spilling over to the criminal side," Halberg said. "There are people that have been delaying their cases until (the Underdahl decision) came down. There have been some cases that have gotten really good deals."

Underdahl may get a second chance to test his "source code defense" this week. His criminal case is set to proceed before Spicer on Wednesday.

San Diego criminal defense lawyers & drunk driving / DUI attorneys news

Eighty-five percent of Israelis believe the law should show zero tolerance toward drivers under 21 who have any alcohol in their blood, according to a survey released Monday by the Or Yarok road safety organization.

The survey of attitudes toward drunk driving supplements Or Yarok's "White Paper," a list of recommendations aimed at reducing the phenomenon.

At least 15% of traffic accidents in Israel are caused by drivers under the influence of alcohol, according to the Danek Gertner Institute. But that number only includes people involved in collisions. The real figure is higher, said Or Yarok spokesman Aharon Latitot.

The 15-page White Paper is addressed to the Transportation Ministry's National Road Safety Authority and includes recommendations based on measures used in countries that have successfully lowered drunk driving, such as Sweden, Australia and The Netherlands.

Or Yarok said the authority should take the lead and create a comprehensive, long-term plan to battle drunk driving.

The authority should also step up its collection of data from traffic accidents that involve alcohol, create a comprehensive database of the information and make it public, Or Yarok said.

The White Paper calls for tighter laws on drunk driving, including swifter punishment for lawbreakers. According to the recommendations, the government should:


Make it illegal to have any alcohol in your bloodstream for: drivers under 21; public transportation drivers, heavy truck drivers and people who've been convicted of a drunk driving offence.

Ensure that breathalyzer results can be admitted as evidence in court.

Anchor the maximum legal blood alcohol content for drivers, 0.05%, in law rather than in regulation, as is currently the case.

Have the Israel Police increase random alcohol checks and ensure that 33% of drivers are tested each year

Publicize these efforts in an intensive campaign and warn drivers that drunk driving laws will be fully enforced, which includes towing the cars of violators and suspending their drivers' licenses.
"Surprisingly, more people are deterred [from drunk driving] by the chance of being caught than by the odds of being injured in an accident," said Latitot. "The best solution to the problem is to make sure that nobody will think about sitting behind the wheel after drinking alcohol."

The public awareness campaign should also explain the dangers of driving under the influence and suggest ways that people can avoid it, such as the use of a designated [sober] driver or public transportation.

"We want to make it socially unacceptable to drink and drive," said Or Yarok in the press release announcing the White Paper and accompanying survey of 515 people.

The survey found that 75% of Israelis don't respect people who drink and drive; 2% said they did respect such drivers.

"Things have begun to change in the last year thanks to increasing public awareness," Latitot said. "The social acceptance of drunk driving is much lower than one would have thought."

DUI criminal defense lawyer info

Bail was set at $100,000 Monday for a 21-year-old Gardnerville man who reportedly drank a 12-pack of beer on the courthouse lawn while he was out of custody for DUI - drunk driving.

Martin Ruiz was jailed Oct. 10 after officials found him drinking beer at 9 p.m. on the courthouse lawn. He told deputies he was despondent because his girlfriend broke up with him and planned to turn himself in.

“I will not touch another beer or drive,” he said. “I have a bicycle and I want to get back to work to save money.”

Ruiz was arrested for reportedly driving 70 mph down the grade with a blood-alcohol content of .104, over the legal limit of .08 for driving in Nevada.

Ruiz and his passenger were injured along with the driver of the other vehicle.

Ruiz was charged with driving under the influence causing substantial bodily harm and faces up to 20 years in prison if convicted at trial.

He pleaded not guilty to the charge. He and his DUI criminal defense attorney rejected a plea agreement which recommended a minimum sentence of 2-5 years in Nevada State Prison.

DUI - Drunk Driving Attorneys - Criminal Defense Lawyers - Sports DUI update

St. Louis Cardinals manager Tony La Russa's drunk-driving case in Palm Beach, Fla., was postponed on Monday until Dec. 3.

La Russa was not in court when it was decided to delay the hearing. The 63-year-old manager was arrested on March 22 and charged with DUI- drunk driving after police confirmed they found him asleep inside his sports utility vehicle at a stoplight near the Cardinals' spring training facility in Jupiter, Fla.

Tony La Russa managed the Oakland A's and St. Louis Cardinals to World Series titles during his managerial career.

La Russa allegedly registered blood alcohol levels of 0.093 and 0.092 in two arguably unreliable, untrustworthy &/or inaccurate breath samples on inferior DUI machine equipment. The legal driving limit in Florida is 0.08 so there are a number of issues for his DUI Criminal Defense Lawyer.

San Diego Attorneys DUI news

SAN DIEGO Drunk Driving

A Normal Heights business is mopping up Monday after a car crash struck a hydrant and created a flood.

The incident happened at 35th Street and El Cajon Boulevard, San Diego DUI police say.

Police said a San Diego DUI driver allegedly ran a red light, struck two other vehicles and then fled the scene.

The driver was later arrested on suspicion of San Diego Drunk Driving or DUI.

San Diego DUI attorneys

A 26-year-old Ramona woman has been charged with DUI - driving under the influence for the 3rd time in 2 weeks after an incident Saturday in which a young boy was pinned by a shopping cart against a parked car.

DUI Police said the woman was allegedly driving near the Target store in the Grossmont shopping center parking lot on Grossmont Center Drive when her vehicle struck a shopping cart. She then slowly pushed the cart into a boy who was standing with his mother next to their parked car, police said. The boy was pinned between the shopping cart and car.

The woman eventually backed up and tried to drive away, but the boy's mother blocked her departure until police arrived. The boy had slight injuries to his stomach and chest and was taken to a hospital.

Police said the driver showed signs of being the under the influence of narcotics and had prescription drugs in her possession.

Records show the suspect's DUI arrest was her fifth since May.

DUI criminal defense lawyer news - University drunk driving info in Idaho

Alcohol is commonly considered a social lubricant in college. Boise State University students and community members often find themselves having a few drinks to relax and have a good time when at football games, concerts, parties and bars.

There is no reason to condemn the consumption of alcoholic beverages if you are of age and being responsible.

However it is critical to remember one thing when drinking: no matter what, do not drive. Far too often people decide to drive under the influence of alcohol.

Driving under the influence (DUI) is a serious criminal offence.
Not only does driving under the influence carry consequences if caught, but it also endangers the driver, passengers and everyone else on the road.

According to the Idaho DUI and DWI Laws Website, “If your blood alcohol content (BAC) inches above .05 percent, you are twice as likely to cause an accident.”

The Website goes on to say that as a person’s BAC reaches .10 percent, the likelihood of being involved in car accident increases six times.

A BAC level of .15 percent will ensure not only a bad hangover the next morning, but also the chances of getting into an accident increase 25 times.

These statistics apply to all alcoholic beverages, not just beer.
“While studies show that the highest number of alcohol-related accidents were the result of a beer binge, wine and liquor are just as likely to give you that dangerous buzz before driving,” according to Idaho DUI and DWI Laws.

Besides these disturbing statistics, driving under the influence also carries serious penalities. A first conviction for a DUI carries up to six months in jail, up to a $1,000 fine and a driver’s license suspension from 90 to 180 days.

If convicted of a second DUI within five years the penalty is up to a year in jail, up to a $2,000 fine and a license suspension of one year.

More than two DUIs in less than five years it could turn into a felony conviction.

The possible penalties for a third (or more) DUI in less than five years include a mandatory 30 days in jail, the possibility of up to five more years of imprisonment, up to $5,000 in fines and from one to five years of license suspension.

Police use BAC to check if someone has had too much to drink.

According to Idaho Law, for those under age 21 the legal BAC limit is 0.02 percent.

A single drink (one shot of liquor, five ounces of wine or 12 ounces of beer) will put a minor over the limit.

If someone is 21 years of age or older and is driving or operating a commercial vehicle the limit is 0.04 percent.
This is about one drink, depending on the person’s bodyweight.

If someone is 21 or older and driving their own vehicle, the limit is 0.08 percent.

This essentially means they can legally have a single drink before driving, maybe two over time, but probably shouldn’t have more than that.

Many people are probably acquainted with people that believe they can drive perfectly fine after drinking.

They might even know someone who thinks they drive better while intoxicated.

They are wrong.

Those people should consider friends’ and family’s lives, the lives of all other motorists and their own life before they get behind the wheel.

Designating a sober driver or calling a taxi is much safer and cheaper than getting a DUI.

For more information on Idaho’s policies concerning DUI, visit the Idaho DUI and DWI Laws Website at: www.dmv.org/id-idaho/automotive-law/dui.php.

Drunk Driving criminal lawyer - DWI defense attorney - DUI criminal defense news

Law enforcement personnel have a new tool at their disposal when it comes to controlling drunk drinking. Texas House Bill 1810, enacted in September, allows officers to obtain blood specimens for habitual driving-while-intoxicated offenders without the suspect’s consent.
Under the old law, a law enforcement officer can measure the alcohol content using breath analysis or blood from a suspected drunk driver without consent only if another person has died or suffered serious bodily injury.
With the passing of House Bill 1810, habitual offenders, who are defined as individuals with two or more DWI convictions, are required to submit specimens.
In the past, repeat offenders could choose whether to submit specimens. More than 70 percent of the time repeat offenders refused the test, according to NHTSA.
Probable cause to search the individual must be established before a suspect is required to give a specimen, and a warrant must be obtained by the peace officer before the test.
Safety and security prompted the legislative committee that oversees drunk driving to bring the bill forward, and Burleson Police Chief Tom Cowan supports it. Since 1996, Burleson police have arrested more than 2,000 people for DWI crashes. Drunk-driving wrecks account for more than one-third of all wrecks in the city.
Sgt. Melvin McGuire has seen his officers employ the new technique on certain occasions but reiterated the criteria needed to effectively use it.
“We can obtain a search warrant on a person previously twice convicted of DWI or if someone dies in an accident,” McGuire said. “We can use a fax machine to get a hold of a judge to issue the warrant.”
Jeremy SoRelle, a defense attorney who specializes in DWI cases and handles some in Johnson County, said DWI cases will probably be handled more quickly with the new law but did not speculate how much impact it would have in court.
“It seems like [the law] is an automatic step,” he said. “I really don’t see this having too much of an effect because if someone is a habitual offender their chances of doing it again are great with or without the new law.”
In the battle for evidence in a DWI case, time becomes the enemy for officers.
Alcohol leaves the body through sweat and urine within hours after consumption, so officers must move quickly to obtain evidence, otherwise the results could be skewed.
The Burleson Police Department does not have a portable breath analysis unit, and suspects in DWI cases are brought to the justice center and asked to submit to either breath or blood testing. In some cases, it could be hours before a specimen is given, and a person’s blood-alcohol level can drop in the interim, McGuire said.
The new bill makes it easier to collect evidence at the scene — evidence that may include a video recording and videotaped field sobriety tests.
Still, many DWI offenders beat the system and do not submit to the test.
“This will allow us to learn the alcohol concentration of a habitual offender and make it a fact in court,” Cowan said.
Before the bill was put into effect, McGuire said his officers went on clues collected from the field sobriety test. He said clues such as an odor of alcohol, dilated eyes and poor dexterity send red flags to his officers about an individual’s alcohol concentration.
A person with a blood alcohol concentration above .08 is considered intoxicated under Texas law.
Before 1999 the limit was .10.
With more and more drunk drivers on the road, both McGuire and Cowan agree that the timing of this new bill is perfect.
“We see as many as three DWI cases a week,” Cowan said.
The National Highway Traffic Safety Administration estimates that three out of every 10 Americans will be involved in an alcohol-related crash at some time in their lives. Texas ranks second in the nation, behind California, in traffic deaths annually with 3,500 traffic deaths reported in 2005, and nearly half were alcohol related, according to the NHTSA.
And the risk of a repeat drunk driver becoming involved in a fatal crash is 40 percent greater than an individual without any convictions.

Drunk Driving San Diego DUI criminal defense DMV news

San Diego County, California

An alleged San Diego California DUI / drunk driver ran off a road into a house Sunday morning in Ramona, authorities said.

The alleged DUI / Drunk Driving accident was reported at 4:19 a.m. at Open View Road and Arena Way in the San Diego County Estates, an affluent part of Ramona, San Diego County.

The alleged driver, a man in his early 20s, was cited on a charge of a San Diego County California DUI - driving under the influence / drunk driving.

No one in the home was injured.

Criminal Defense Lawyers - San Diego California - criminal defense attorneys news

Prosecuting DUI attorneys in northwest Alabama have been working under new state guidelines that they say have hurt their ability to prosecute drunk drivers.

A recent ruling by the Alabama Court of Criminal Appeals upheld a statute that changes the number of driving under the influence convictions before a DUI can be prosecuted as a felony.

Before the ruling, prosecutors could charge any fourth DUI as a felony, meaning that the possibility of jail time was greater and for a longer period of time.

Under the new law, four DUIs have to be within a five-year time frame to be considered a felony.

Alabama Attorney General Troy King has indicated that he will ask the state Legislature to change the law in 2008.

If a person has three DUI convictions within a five-year period, but then receives a fourth DUI conviction in the sixth year, that DUI conviction is not a felony.

In the past, that fourth DUI conviction, regardless of how many years had passed, would have resulted in a felony DUI conviction.

Colbert County District Attorney Bryce Graham Jr. said he understands the new law might be good in some cases, but hopes that it reverts to the old way soon.

"I understand that if someone has had some DUIs 30 years ago and then one now, where the law might be good," Graham said. "But overall, I hope it goes back to the way it was."

In many local offices, felony DUIs made a large portion of the caseloads.

Franklin County District Attorney Joey Rushing said the new law did away with several possible felony DUI cases in his office.

"We went from around 20 to 25 that could have been felony DUIs to none," Rushing said.

Under the law, the first three DUI convictions are considered misdemeanors.

Punishment can be as severe as a year in jail, but that is rare, officials said. A fourth DUI conviction raises the crime to felony status, making it punishable by up to 10 years in prison.

The original DUI law statute from years ago contained five-year limits on counting DUI convictions.

Through the years, amendments to the law removed some provisions, but an amendment in 2006 inadvertently replaced the five-year period in a section of the law.

The flaw left the Alabama Court of Criminal Appeals with no choice in its recent ruling in a DUI case involving a Lamar County man who had seven DUI convictions, but only three within the past five years.

"Most of the cases we've had were affected because the DUIs were stretched over a lifetime, not just within a five-year period," Rushing said. "In several of our cases, people had two or three convictions to fall off because they were not in the time frame."

The change has affected the way Lauderdale County District Attorney Chris Connelly is doing business. During a recent plea docket, four felony DUI pleas has to be dismissed because of the change in law.

"It's a real problem," Connelly said. "We are having to renegotiate those cases. The bulk of the cases involved are over a lifetime and not during a five-year period."

Connelly said one problem involved in having a large number of felony DUI convictions is that state prisons are full.

The new law is basically the same that was in effect before 1999, when the conviction law began being used over the course of a lifetime, eliminating the five-year window.

"We are hoping that some of the victim advocacy groups will pressure the Legislature into changing it back," Rushing said.

"Based on these individuals not being placed in jail or at least being forced to undergo some type of monitoring after DUI convictions, I am afraid the number of accidents involving DUIs will go up."

Lawyer Drunk Driving / Attorney DUI - San Diego California news

Repercussions from sloppy — perhaps fraudulent — work at Washington State Patrol’s toxicology laboratory are beginning to play out in the court system.

Defendants who have had their driving privileges suspended for driving under the influence are getting their licenses reinstated and are back on the roadway. Forty DUI cases in Skagit County were challenged this week based on the reliability of lab test results. And one triple homicide case is in jeopardy because of serious errors at the lab.

The public should be outraged. Law enforcement officers who are doing their best to get drunk drivers off the street have had their hard work jeopardized by shoddy work at the toxicology lab. The cops have every right to be upset, too.

The latest news in this unraveling crisis is the fact that state examiners have reinstated the driving privileges of 28 motorists — including two in Thurston County — in recent weeks because they are not convinced of the accuracy of work done at the State Patrol’s lab.

The toxicology laboratory has been beset by internal problems this year, particularly in its methods for making sure 200 alcohol breath testing machines are working accurately. The lab manager resigned in July when her supervisor said she had been signing certificates for a machine-testing mix she never personally checked.

And in August, the agency revealed that a calculating error produced breath test results that were slightly higher than they should have been.

“I find that these issues erode my confidence in the quality of the scientific work performed and call into question the reliability of the breath test evidence presented before the problems were corrected,” wrote Department of Licensing examiner Josephine Townsend. In dismissing a driver’s license suspension, Townsend said, “There is more at stake in these proceedings than just a computer error. There are the cumulative issues which have been brought to my attention.”

The Department of Licensing is required to suspend the license of anyone arrested for drunken driving. Drivers can appeal the decision and be heard by Townsend or one of the other 25 examiners employed by the department.

Attorneys have picked up on the problems at the lab and are asking for driver suspensions to be lifted. Bothell attorney Ted Vosk said certifying the final lab results without ever having double-checked computer figures is tantamount to verifying facts toxicologists didn’t know to be true, a basis for perjury.

So far, few criminal drunken driving cases have been affected by the lab’s internal problems. But one case looms large.

Frederick Russell of Pullman has asked the court to dismiss vehicular homicide charges leveled against him, claiming that the lab lost or broke hundreds of vials of blood samples. Russell is accused of killing three Washington State University students in 2001. He fled the country shortly after his release from jail and was discovered in Ireland two years ago. The United States went through a long, hard process to return Russell to Washington state where he faces a maximum sentence of life in prison for the deaths of Ryan Sorenson, Stacy Morrow and Brandon Clements.

Russell is scheduled for trial next week in Kelso on three counts of murder and three counts of assault. If the prosecution loses the Russell case because of misconduct at the toxicology lab, State Patrol Chief John Batiste will have to answer, not only to the governor, but to the residents.

DUI criminal defense lawyers - San Diego California - Drunk Driving defense news

More police departments are trying to make it more difficult for DUI / drunk drivers to fight a DUI.

Cities are more & more using blood samples over breath samples to build DUI cases, which proponents say is the most accurate way to test a person's blood-alcohol concentration.

The stakes for drunken drivers could never be higher, especially since a new DUI law went into effect last month requiring first-time offenders to use a device that requires them to provide a breath sample to start their car.

By 2010, the Phoenix Police Department will accept only blood evidence.

Phoenix joins Mesa, Scottsdale, Chandler and Peoria police departments in the switch, and Tempe police could follow; officials there are re-evaluating whether breath evidence is best.

Blood and breath tests determine a person's blood-alcohol concentration. Either is a crucial component of cases against suspected drunken drivers.

Most agencies still rely on breath tests for their immediacy, but because the Breathalyzer is a machine, defendants can challenge whether it was properly maintained and calibrated and whether an officer operated it correctly.

Nearly 1,400 DUI cases in Phoenix and Glendale were dismissed in 2000 after judges upheld challenges to the machines.


Accuracy at issue


Agencies that test only blood say it's better to go to the source.

"Blood is highly accurate," said Jeff Thompson, a Mesa DUI squad sergeant. "When blood is taken, we take two samples. One sample is provided to the defense. They can have it independently tested. With breath, there's no going back."

Mesa has been using blood for nearly a decade. Phoenix wasn't ready to process large quantities of blood until recently, according to Sgt. Chris Moore, a vehicular crimes unit supervisor.

The transition to blood testing earlier this year coincided with the opening of Phoenix police's expanded crime lab.

About 40 percent of the department has transitioned from breath to blood since March. So far, South Mountain, which covers the southern portion of the city, and Desert Horizon, which covers the northeast, are the only precincts to routinely use blood draws.

Squaw Peak will be next, and other Phoenix precincts will follow.

Before the initiative, only 5 percent of the city's yearly estimated 8,000 DUI / Drunk Driving cases involved blood tests, Moore said.

"The only thing that changes is the manner in which we collect the evidence," Moore said. "The DUI stop, the probable cause, witnessing bad behavior, all those things don't change."

Blood evidence is collected at the precinct or inside a DUI van by an officer who is a trained phlebotomist.

About 60 officers have gone through phlebotomist training, a weeklong class in which officers practice blood draws up to 100 times at various hospitals.

"The hope is that (blood) evidence won't be challenged as much because of its reliability and more people will plead guilty," Moore said.

"More people will be convicted because of the reliability of the blood vs. an instrument."


Method not 'bulletproof'


DUI Criminal Defense attorneys have said the stiff consequences imposed in the new DUI law makes it more imperative for them to challenge their cases. The law requires first-time offenders to equip their vehicles with ignition-interlock devices for at least a year.

The device typically costs $100 for installation and about $80 a month to maintain.

"Super extreme" offenders, or those with a 0.20 percent blood-alcohol content or higher, will face a minimum of 45 days in jail.

Craig Penrod, a fine Tempe DUI criminal defense attorney, said blood evidence is more difficult to refute, but it's not bulletproof.

"The breath test has been a nightmare for the courts in recent years and a lot of that will go away, but it's still a machine that does analysis in a similar way to how the breath test does it," he said. "It's not really what the average guy envisions."

Lab technicians do not test the blood, but the alcohol molecules in the air space above it. The accuracy there could come under fire, Penrod said, or when officers draw blood from suspects.

"It's a completely different process at a hospital," he said. "Now, we have police officers with minimal experience doing blood draws. Sometimes I think they just get it wrong."

For more information visit http://www.sandiegodrunkdrivingattorney.net/blog.html .

California DUI - drunk driving California attorneys - DUI lawyers - San Diego news

Being that one may be both pro-inebriation and what the anti-illegals crowd likes to call a champion of "open borders," one normally might feel conflicted over a catfight between MADD (Mothers Against Drunk Drivers) and MAIA (Mothers Against Illegal Aliens). But when one learned of this kerfuffle MADD's tryin' to kick up over MAIA's name, well, one opted to side with the hottest chick in the room, which in this case happens to be MAIA founder and Valley resident Michelle Dallacroce.

See, Dallacroce, about the only MILF in the nativist hornets nest, just got a cease and desist letter from MADD telling her she must lay off using the "Mothers Against" part of her org.'s name, or face a legal firing squad. Check out this hooey from MADD's attorney Anisha Taherzadeh -- and just try saying her name three times fast:

One is currently utilizing the term "Mothers Against Illegal Aliens" as the name of your company, as well as, in your domain name, www.mothersagainstillegalaliens.org . While we do not oppose the name of your organization as a whole, we cannot permit the term "Mothers Against" to be used in such a manner since it creates a likelihood of confusion to the public as to any affiliation with Mothers Against Drunk Driving. MADD cannot be associated with your organization and the use of "Mothers Against" gives a strong implication of a relationship with MADD.

Immediately cease using the term "Mothers Against" in the name of your organization, on your website, and in any other manner. We request that you discontinue the use of "Mothers Against" within the next ten (10) days. Otherwise, we will assume that no response is forthcoming and will have to consider pursuing all possible actions to enforce our rights. We thank you in advance for your cooperation in this matter.

Have you ever Googled "Mothers Against"? There's a Mothers Against Methamphetamine, a Mothers Against Sexual Abuse, Mothers Against Circumcision (no sharp kitchen implements allowed), Mothers Against Guns, Mothers Against School Hazing (for all you wimps out there), Mothers Against Munchausen's Syndrome by Proxy, Mothers Against Gang Wars, Mothers Against Violence, Mothers Against Teen Violence, Mothers Against the Draft, Mothers Against Arpaio (our fave, BTW), Mothers Against Blogging, Mothers Against Dog Chaining, Mothers Against Senseless Killings, Mothers Against Brain Injury (is anyone out there for brain injury?), Mothers Against Genetic Engineering, Mothers Against Pornography Addiction (keep 'em away from me!), and on and on. There's even a Mothers Against Peeing Standing Up, made up of "moms... and other concerned individuals who want to stop peeing standing up, support the victims (those who have to clean up), and prevent unnecessary urine stream fragmentation."

Actually, it looks like MAPSU's just trying to sell merchandise, but then again, who isn't? (I'm coming out next week with a whole line of Feathered Bastard longjohns, so stay tuned.) Wonder if MAPSU got a letter from MADD as well? Or maybe MADD's pro-peeing standing up, as long as you're not peeing standing up because you've had too much to drink.

Dallacroce tells me she's hired a legal beagle who's informed her that MADD doesn't stand a chance, and she believes that the letter has something to do with the fact that MADD has, in her opinion, aligned itself with pro-illegals, and worse!

"They have morphed into a National and International Organization which now, unbelievably, supports La Raza and LULAC members who have served and still serve on their Board of Directors and who are also members of the Trilateral Commission and Council of Foreign Relations," writes Dallacroce of MADD on her Web site. Hey, Michelle, you forgot to mention the Bilderbergers.

Anyhoo, I put in a call to MADD's various PR people. MADD spokesperson Misty Moyse got back to me, and indicated that MADD was simply defending its trademark. Asked if they'd sued anybody recently over the issue, Moyse said she didn't know, but she promised to get back to me Monday with a definitive answer. Let me take wild-ass guess here: If there are all these "Mothers Against" orgs out there, maybe MADD hasn't been that litigious. Moyse also mentioned that MADD picks and chooses its battles strategically, but she wasn't very clear on what was strategic about going after Dallacroce.

Can't see this going very far, but if it does, I'll be on it like chocolate on a Snickers bar. If Dallacroce does have to change her name, she could always see if "MILFs Against Illegal Aliens" is taken.

DUI lawyer / drunk driving attorney California San Diego criminal defense attorneys


An Adell man who earlier this year fled police while trying to avoid a ninth drunken driving arrest has been sentenced to nine months in prison, according to court records released Thursday.


David W. Bingham, 44, of 924 Wisconsin St., was sentenced Tuesday on charges of ninth-offense operating while intoxicated and fleeing or eluding an officer. Judge Gary Langhoff sentenced Bingham to nine months on each count, but made one of the terms concurrent, meaning it will be served simultaneously with another sentence.


That makes Bingham's sentence in this case shorter than the sentence for his fourth offense, a 12-month jail term handed down by a Washington County judge in 1995, online court records show.


Bingham was sentenced to one year in jail after his eighth offense, in which he also fled police.


Bingham's sentence in the latest case included 242 days credit for time served, a $1,344 fine and a two-year license revocation.


According to a criminal complaint:


A deputy attempted to stop Bingham's car on county Highway A at Knorr Road just before midnight Feb. 9 after his vehicle veered from its lane and slowed to 10 mph.


Bingham accelerated to about 75 mph when the deputy turned on the lights and siren.


The chase ended when Bingham missed a curve about a mile and a half east of county Highway I and crashed into the ditch.


Bingham He got out of the car and tried to run, but fell in the snow and was taken into custody.

California - San Diego Attorneys - DUI criminal defense lawyers news

DUI Criminal Defense attorney specializing in getting drunk driving defendants off the hook initially will plead not guilty on behalf of the accused. Case likely will be plea-bargained?

Was this particular offender rewarded with three more cracks at driving drunk before she's charged with a felony after she serves her likely abbreviated sentence for vehicular manslaughter?.

Why was a woman with such a DUI record driving on Interstate 5?

Why are there so many exceptions or second and third chances provided to convicted DUI drivers?

There are at least two new technologies designed to prevent repeat DUI offenses:

• Fingerprint activation/motor-skills testing: In the works are systems that require a potential driver to activate a fingerprint-detection system, then perform various motor-skill functions in order to start the car. This method ensures that a driver is not impaired before operating a vehicle.

• Continuous alcohol monitoring: The same function is served by another device that can detect alcohol in the system via sweat on the skin. This ankle bracelet, issued as a result of a court's decision, will feature a transdermal alcohol sensor that can detect and transmit information about the wearer to a remote sensor. This and other passive alcohol sensors could be used much like the ignition interlock system.

Some folks believe a convicted DUI driver is no less dangerous than a convicted murderer, both with a potential to kill again. A convicted murderer is less likely to re-offend.

In a tearful hearing Friday in Maricopa County Superior Court, David Szymanski was sentenced to 22 years in prison for killing a man two years ago while DUI - driving drunk the wrong way on Loop 101 in Scottsdale.

It was the maximum sentence for second-degree murder but a lighter sentence than prosecutors originally sought.

After the April 2005 crash, which killed Cody Morrison, 22, and seriously injured his friends Nicholas Rosin and Matthew Lewis, Maricopa County Attorney Andrew Thomas charged Szymanski, 24, with first-degree murder and announced that he would seek the death penalty. advertisement

It was only the second time in U.S. history that a prosecutor sought death in a DUI vehicular homicide. But the case for capital murder fell apart, and Szymanski was allowed to plead guilty to the lesser charge in August.

Szymanski also pleaded guilty to two counts of aggravated assault for the injuries to Rosin and Lewis; he was sentenced to seven years of probation to follow his prison sentence for those counts. Nine other counts were dropped in the plea agreement.

But emotions ran high at Friday's sentencing.

Morrison's mother, Mary Ann, called Szymanski "a cocained, drugged-out drunk."

Morrison's father, Mark, said, "I've learned way too much about grief."

Many other of Morrison's family members and friends spoke as well, urging Judge Maria del Mar Verdin to impose the maximum sentence.

When it came time for Szymanski to speak, he tearfully apologized to his victims. "I'm not a violent person," he said, and he claimed to take full responsibility for his actions.

But he also told the court that he remembered nothing of the crash. He said that he had been beaten up and got into his car to escape, and then he woke up on the ground with a police officer asking him, "How does it feel to kill someone?"

Szymanski was celebrating his birthday on April 7, 2005, when he became involved in an altercation at a Scottsdale apartment. He was accused of threatening a woman with a knife and scuffling with two men. He fled when the police were called and turned north onto southbound Loop 101 near Shea Boulevard.

He struck a car head-on, killing Morrison and seriously injuring his two companions. When arrested, Szymanski tested positive for cocaine and had a blood-alcohol content of 1.45 percent, nearly twice the legal limit.

Verdin acknowledged Szymanski's remorse and the strong support offered by his family. But she said that the aggravating circumstances - the emotional and economic harm to the victims, and Szymanski's history of substance abuse, among other things - far outweighed them.

California drunk driving lawyers sharing of news

Columbiana County's highest ranking law enforcement officer is charged with operating a vehicle while intoxicated, and authorities say he tried to talk his way out of it.

Sheriff David L. Smith will be in Cambridge Municipal Court in a Guernsey County on Wednesday for a hearing.

According to reports from the Ohio State Highway Patrol, state troopers clocked Smith traveling at 81 mph in a 65 mph zone just after 9:30 p.m. Thursday on Interstate 70 in Guernsey County.

Smith, reports said, passed up other vehicles and nearly made contact with a tractor-trailer going the same direction.

Highway patrol reports said Smith was pulled over and, with red eyes and slurred speech, told the officer he was coming from the Buckeye Sheriff's dinner in Columbus. He then identified himself as the Columbiana County sheriff.

Smith, reports say, repeatedly identified himself as a sheriff and eventually asked the officer to "just let him go," stating that he would allow the officer to go if the tables were turned.

He also stated that he had elections coming up and did not need a DUI arrest, according to the reports.

Smith would not participate in field tests to determine if he was intoxicated, reports said. A urine sample was collected and sent to a crime lab.

Lt. Tony Bradshaw, state patrol public information officer, said Smith is charged with speeding, driving outside marked lanes and operating a vehicle intoxicated.

DUI criminal defense lawyers news - California drunk driving post

Off-the-court troubles might not cost Levi Dyer and Brandon Sampay any time on the court.

Illinois State basketball coach Tim Jankovich said at Media Day on Thursday that Dyer and Sampay could be in uniform for the exhibition opener against Quincy on Nov. 7 at Redbird Arena and the season opener four days later against Missouri-St. Louis.

Dyer, a senior center, pleaded guilty in McLean County Circuit Court on Aug. 6 with DUI - driving under the influence of alcohol for an April 29 incident in Normal. Sampay, a junior forward, was charged with one count of Drunk Driving - driving under the influence of alcohol and two counts of illegal transportation of alcohol for a July 29 incident in Normal. His case remains in the judicial system.

DUI criminal defense attorneys news - Drunk Driving defense for Prosecutors

District Attorney Craig Westberg was arrested Wednesday on suspicion of driving under the influence of sleeping pills, resulting in a minor traffic accident.

The incident occurred at about noon northeast of Elmore's Corner, near Hollow Ridge Road and County Road 223. It is the third time in 30 years Westberg has been arrested for DUI/ driving under the influence.

Westberg has been the lead prosecutor for the 6th Judicial District since January 2005.

In the most recent case, he was cited with careless driving and driving under the influence of a drug, both misdemeanors that could result in jail time and loss of his driver's license. Westberg said he plans to retain a lawyer to review the charges, but he was unsure if he will contest the charges. He said there are some mitigating circumstances. The case will be handled by the 7th Judicial District Attorney's Office in Montrose.

On Wednesday, two residents observed a 1997 black Honda failing to stay in a single lane, with one saying the Honda struck a gas pipeline vent without stopping, said Colorado State Patrol Trooper Gilbert Mares, a spokesman in Denver.

The witnesses obtained a license-plate number and called police. Using the license-plate nu-mber, a Colorado State Patrol trooper went to Westberg's house, where he found the Honda with minor damage and Westberg.

After speaking to Westberg, the trooper found probable cause and reasonable suspicion to believe that Westberg was under the influence of a substance, Mares said.

The officer asked Westberg to perform roadside maneuvers, and Westberg complied. But he didn't perform the tests to the officer's satisfaction, so he was arrested and taken to the Durango Police station.

At the police station, Westberg submitted to a breath test and drug screening. He passed the breath test but failed the drug screening, Mares said.

He was then released to a sober adult.

"Mr. Westberg was very cooperative," Mares said. "He was treated the same way as anybody else would have been treated."



In an interview Thursday, Westberg said he wasn't feeling well Wednesday and decided to take an Ambien sleeping pill. He didn't realize the effect the drug would have on his driving, he said. The only time he had taken the medication previously was before sleep, he said.

He emphasized that alcohol was not involved.

Westberg has been in trouble with the law before.

In 1978, Westberg was arrested twice for drunken driving. He was serving as district attorney in Durango at the time.

In the first instance, Westberg hit a horse while driving on County Road 309, near the Durango-La Plata County Airport. Two months later, he was caught driving on the wrong side of the road near West Park Avenue and West Third Avenue in Durango, according to Herald reports. He served 15 days in jail.

In 1982, Westberg was arrested in Aztec on suspicion of criminal trespass. According to news reports, police responded to a report of a "drunk and disorderly" man at Enchantment Lodge. Westberg apparently refused to abide by the motel's prohibition of pets in rooms and refused to leave. He was then arrested and spent the night in the San Juan County Detention Center.

Westberg has admitted publicly that he had a drinking problem in the 1970s.

In 2004, Westberg was elected to serve a four-year term as district attorney in an uncontested election.

Drunk Driving San Diego California criminal defense lawyers news

DEL MAR California – Romaine Sullivan remembers her daughter every day. At times, she is overwhelmed with thoughts of Kathleen – a little girl who became an accomplished young woman, yet never stopped loving M&M's and Halloween costumes and Christmas.

A chance circumstance and bittersweet memories became the impetus for action.
When Sullivan received the Mothers Against Drunk Driving MADD Strides for Change 5K flier announcing tomorrow's fundraising walk at the Del Mar Fairgrounds, she was determined to participate.

“When I saw the date, I knew I had to walk because Oct. 13 was Kathleen's birthday,” she said. “I have never been in a MADD walk before, but it seems as if it was meant to be. People have been generous about sponsoring me; I've raised $2,205 so far.”

Kathleen Sullivan was 23 when she was struck by a hit-and-run driver in 1995.

Kathleen, a former Torrey Pines High School student, graduated from the University of Pennsylvania magna cum laude. She was an activist for the homeless and won several awards for her volunteerism. Her plan was to further her education in international studies and travel to Bangladesh. “She never got the chance to do it, of course,” her mother said.

MADD Strides for Change 5K
When: 8 a.m. to noon (walk begins at 9 a.m.) tomorrow

Where: Infield at the Del Mar Fairgrounds, 2260 Jimmy Durante Blvd.

Registration: Free on site or online, donations appreciated

Info: (760) 746-6233 or support.madd.org/StridesForChange


“She was hit while riding her bicycle to get candy for the homeless. The accident was witnessed by a police officer.”

The man arrested in the crime was a recent parolee who died before the end of the trial.

A memorial was held in Philadelphia, where Kathleen was living at the time of her death. Floral arrangements from politicians and numerous social groups adorned the service.

“Kathleen was extremely well-known in Philadelphia,” Sullivan said. “Every time they had a hearing, the MADD people and friends and colleagues would show up. People wanted to see justice done.”

Sullivan has stayed in touch with the MADD organization and through the years she has met others who have suffered the loss of a child.

“It seems as though everyone I know who has been killed or died violently has been so full of promise,” she said. “I would do anything to keep another family from experiencing this – it has to stop.”

MADD, a nonprofit organization with about 600 chapters nationwide, is on a mission to stop drunken driving, support victims and prevent underage drinking.

The Strides for Change 5K walk will include children's activities and more than two dozen health and safety booths. San Diego Chargers cornerback Cletis “Flash” Gordon will sign autographs and KUSI-TV weekend anchor Dave Scott will be broadcasting live from the event. MADD hopes to raise $135,000.

Sullivan will walk with her son, Ken, and his fianceé, while her husband, Mike, takes pictures to commemorate the day.

“I think MADD does a wonderful job of creating awareness,” Sullivan said. “I don't think we spend a lot of time thinking about the repercussions of drinking. It kills me when defense attorneys advertise that they can get people off for a California DUI conviction and they do. There is a disconnect in the system and we need to let repeat offenders know that they must adhere to the rules or go to prison.”

Lawyer DUI / Attorney Drunk Driving - San Diego California news

When you turn on the television, chances are you've seen advertisements decrying drinking and driving--police officers being struck by DUI or drunk drivers, the road fogged over with empty pint glasses, and the horrible disfigurements of some child caused by an idiot who figured he'd be fine behind the wheel. This constant stream of advertisements with horrifying, depressing imagery has caused many people to habituate to the images, causing an ever-spiralling increase in disturbing and depressing tactics.

A group of U of C students and their professor have used a new form of media to hopefully dissuade prospective DUI / drunk drivers from trying their dangerous plan: video games. The Booze Cruise: A Driving Game with a Serious Drinking Problem recently debuted to media Oct. 2 and has created a serious buzz amongst the press.

"The reaction has been universally positive," said fine arts computer science professor Dr. Jim Parker.

Drinking and driving is a serious issue in Calgary; people seem to be grabbing their keys while under the influence at an alarming rate explained Parker.

"Usually, there are three-to-four thousand [driving under the influence] arrests annually," said Calgary Police's Alcohol Education Unit Constable Rob Haffner. "That's quite a lot, much more than the norm."

The driver plays through the game at a 0.25 blood alcohol content--swerving and careening around the level in an attempt to avoid his alcohol-induced illusions. But, there are those who actually view their driving as improved by alcohol--and would use this game as a way to train themselves.

"The same people who say that have probably played a driving game," said Parker. "We're going to let them see what it's like to drive at a 0.25 blood alcohol level. Then they get to see that, hey, they actually can't drive all that well at all."

While people may just think of drinking and driving as causing erratic road behaviour, it's much more than just that explained Haffner.

"People lose their inhibitions, their reaction times are slowed," he said. "It causes many more problems than what people usually think."

The game, though playable, has yet to be fully completed; without the necessary funding, Parker and his students have begun promoting the game in an effort to complete it.

"It'll be finished six months from the time we get the rest of the funding," said Parker. "There's a lot of stuff we'd like to add to it, and there's a whole second level we haven't done. The hope was that providing a playable experience someone would come to the table with funding."

The public may see video games like Halo 3 and Grand Theft Auto and think they're only mindless entertainment for pimpled young men. This new type of media is one that can help educate people about the effects of drinking and driving in a safe environment.

"People react much more viscerally to new forms of media like video games," Haffner said. "Video games reach out to a new form of audience that may not be as affected by usual forms of education. It also helps people see, through their own eyes, what actually happens when they get behind the wheel."

The Booze Cruise's intent is to be used as an educational tool once it's completed--which requires some more work on the part of the group.

"We have to streamline the code, do some final user testing, and add a few final effects," said Interdisciplinary Graduate Program PhD candidate Lori Shyba. "But we hope that with a little funding and a little more blood, sweat, and tears, we'll get it into police interpretive centres and schools."

The negative effects of driving while under the influence are not well-known to everyone but those who have actually experienced driving drunk. The game intends to use the visceral experience of video games to show the effects of boozy driving.

"Nobody wants to spend extra money on car insurance, let alone lose their life or kill anybody when they're driving," said Shyba. "Let players have their thrills in the game, let them know what the consequences are, let them rehearse the reality of what will happen in real life. Entertain players but also educate them about the hazards of drinking and driving."

While credit has been heaped upon Parker, he remained humble about the experience, point out that the students did just as much work as he did.

"I think this is one of the things people underestimate about students," said Parker. "They are capable of doing very high-quality work when they're very well-motivated. In this instance, because it was fun, it was an interesting project and had practical considerations, they actually got their hands dirty and rolled up their sleeves and did pro- gramming, sound, and art design."

Attorney Drunk Driving news

The wife of a man convicted of drunk driving stands to lose her car because she allowed her repeat-offender husband to drive it while intoxicated.

The National Director of Public Prosecutions (NDPP) has applied to the Cape High Court for the car of Rita Lewis of George to be forfeited under the Prevention of Organised Crime Act as her husband, April, has 10 convictions for drunk-driving.

The couple is married in community of property and the car is registered in Rita Lewis's name.

It is subject to a preservation order as April Lewis was convicted of DUI / drunk driving/ driving while drunk in July and September 2003.

DUI attorneys San Diego news

Former "Lost" star Michelle Rodriguez was sentenced Wednesday to six months in jail for failing to complete community service and alcohol monitoring as part of her probation from a previous drunk driving incident.

Rodriguez appeared before Superior Court Judge Daviann L. Mitchell, who ordered her to report to the county jail on Christmas Eve, the city attorney's office said.

Rodriguez "admitted violation of her probation by failing to provide proof of community service and by consuming alcohol three times while wearing an alcohol monitoring device," City Attorney spokesman Frank Mateljan said.

"She did file a document that said she completed community service on September 25th, but we obtained evidence that she was in New York that day," Mateljan said.

The document was required as part of 30 days of community service Rodriguez was ordered to serve for violating probation in a 2003 drunken driving case.

Mitchell ordered Rodriguez to complete the community service cleaning streets and highways, and prohibited her from being granted early release for work furlough or electronic monitoring, Mateljan said.

Calls to Rodriguez's attorney Wednesday were not immediately returned.

Rodriguez was on three years probation after pleading no contest to hit-and-run, driving on a suspended license and drunken driving in connection with two incidents in Hollywood in 2003.

She violated her probation when she was arrested in Hawaii on a drunken driving charge in 2005.

Rodriguez was ordered to spend 60 days in jail, but served less than a day because of jail overcrowding in May 2006. She was then ordered to perform community service and remain on probation until June 2009.

Rodriguez appeared in one season of ABC's "Lost." Her film credits include "The Fast and The Furious," "Blue Crush" and "Girlfight."

DUI attorney California news

A much-criticized acquittal in a Delta drunk driving case has been struck down by a B.C. Supreme Court justice who overturned a 2006 ruling by a Surrey Provincial Court judge who said a suspect’s rights were violated because a border guard asked him to open his car trunk.

In the 2004 arrest of John Peter Gorman at the Point Roberts border crossing in Tsawwassen, Surrey Judge Ellen Gordon said the Canadian border guard lied to Gorman when he ordered him to get out of his car.

Gordon said the guard did so to see if Gorman was drunk, not to inspect the contents of his trunk.

That was a lie, she said, and a violation of Gorman’s right to refuse to incriminate himself.

The verdict was widely condemned by commentators and activist groups, including Mothers Against Drunk Driving.

The prosecutor’s office appealed the case, arguing the Surrey judge was biased against the border guard.

In a three-page written ruling, B.C. Supreme Court Justice Catherine Bruce agreed with the prosecution and ordered a new trial.

Bruce said Gordon “crossed the line” when she conducted her own questioning of the border guard, asking him why he didn’t have Gorman use the remote trunk release inside his car.

“It is the aggressive cross-examination, the persistent pressing of the witness on the same point and the subsequent assertion of the trial judge that she disbelieved his evidence... that raises a reasonable apprehension of bias,” Bruce said.

“I find the trial judge was quite unfair.”

It’s the second time a Gordon verdict in a drinking and driving case has been overturned on appeal.

Last year, B.C. Attorney-General Wally Oppal intervened after Gordon gave a repeat drunk driver two years in jail instead of the six the prosecution wanted for the January 2005 fatal crash that claimed the life of 23-year-old David Firenze of North Vancouver.

Jenny Arlene Woloshyn, 27, had two previous drunk driving convictions and a history of drug and alcohol problems before she got drunk and drove the wrong way down the Upper Levels Highway and killed Firenze.

The sentence was increased to four years on appeal.

Ellen was also condemned by the family of the victim for allowing Woloshyn to return home for Christmas before she was sentenced.

Another Gordon decision concerning a customs border stop is also being appealed by prosecutors.

In July of this year, she acquitted Ajitpal Singh Sekhon of trying to smuggle 50 kilograms of cocaine into Canada through the Aldergrove border crossing, ruling that a customs inspector violated Sekhon’s rights by locking him in a room without telling him why and searching his vehicle without a warrant.

San Diego California DUI criminal defense attorney / Drunk Driving lawyer news

Man Convicted of DUI on a Skateboard

Australia: 22-year-old Carey Mitchell Symes has been fined $300 after pleading guilty to drunk driving. Symes had been weaving across lanes at speed and going through traffic lights on a skateboard while holding a can of rum.

When police stopped him his blood-alcohol content was .095. He reportedly told officers he was riding a skateboard because he was too drunk to drive/ride. The magistrate recorded a conviction but did not suspend his licence.

"You were affected by alcohol and screaming down a hill towards a road intersection. You could have got yourself killed or caused accidents to other people on the road by your conduct," said magistrate Tom Killeen.

California DUI criminal defense attorneys news


One of the first people charged under a new Washington state drunken driving law has been convicted in Chehalis.

Forty-seven-year-old Danny Seppa faces up to five years in prison when he is sentenced in about three weeks in Lewis County Superior Court.

Seppa ran a red light and was arrested in July by a state trooper who found beer and an empty flask in the car.

The new law makes five DUIs in ten years a felony.

Defense lawyer Don Blair says he'll appeal the conviction.

California DUI criminal defense lawyers news

An ambulance driver has been charged with DUI - driving under the influence of controlled substances after he ran two red lights with a patient in the back, police said.

Steven Ray Marcum of Mingo County, W.Va., was transporting a patient Tuesday for Jan Care Ambulance, a regional service, when he ran the lights, said Ashland police Capt. Todd Kelley.

The lights and sirens of the ambulance weren't on, tipping police officer Bill Lucas that something was wrong, Kelley said.

"With this guy, it was obvious," Kelley said.

Marcum failed a field sobriety test and was blood-tested for drugs before going to jail at the Boyd County Detention Center.

Marcum was transporting a patient from Our Lady of Bellefonte Hospital. The patient was transferred to another ambulance and taken to a Huntington, W.Va., nursing home. There was also another EMT in the ambulance.

San Diego DUI lawyer news

You drink, you drive ... you could lose your car

10/09/2007

County officials say they've worked out the kinks in a measure that would allow the county to seize the vehicles of repeat DWI offenders.

The revised ordinance will go before the Doña Ana County Board of Commissioners on Wednesday.

An ordinance calling for drunken drivers to forfeit vehicles has been on the books since 2002, though officials halted the program after problems arose stemming from the costs of towing and storing seized vehicles.

The revised measure would allow officers to seize the vehicle of a person arrested for a second DWI offense or subsequent offenses, or someone caught driving with a license that was suspended or revoked because of a DWI.

The existing ordinance calls for a vehicle to be seized on the third or subsequent arrest for a DWI.

Both the existing and revised measures allow the county to offer offenders a chance to place a boot on their vehicle or have it impounded temporarily, rather than seized permanently.

County Attorney John Caldwell said the program was initiated before he began working for the county in 2004, but "my understanding of the problem was that it was not an issue with the ordinance, but it was an issue of being able to implement and run it effectively and efficiently."

Caldwell said though the ordinance was modeled after measures in Albuquerque and Las Cruces, Doña Ana County had to contend with administering it over a much larger area.

"Say you stop somebody on Picacho Avenue, outside of the city limits, but they live in Anthony," he said. "You then have got to figure out a way to get that car back down to that person's house or residence and put a boot on it. You've then got to travel 30 miles or 40 to do that, whereas if you were in the city of Albuquerque or Cruces, you might travel three or four miles to place that boot."

In addition, Caldwell said, the sheriff's department had nearly a $100,000 deficit in running the forfeiture program because of costs associated with towing and storing vehicles.

Former County Sheriff Juan Hernandez halted vehicle seizures because of the problems.

Doña Ana County Undersheriff Chuck Franco said when Sheriff Todd Garrison took over administration of the department in 2005, he decided not to carry out the ordinance until problems were resolved.

Franco said the measure should help decrease DWI arrests.

"It will have an impact on DWI, simply because people will be more cautious," he said.

Richard Ferrary, with the DWI Resource Center, said he hasn't yet seen the specifics of the measure county commissioners will consider Wednesday. However, he said he's disappointed officials have taken so long to address problems with administering the existing ordinance.

Even so, Ferrary said, the new ordinance should help target the county's DWI problem.

"I believe in it, and I think the more tools you have, the more chance you have to save somebody's life," he said.

In 2006, about 1,700 people were arrested in Doña Ana County for DWI offenses, according to the DWI Resource Center. Of people arrested in the county from 2003-2005, 40 percent had prior DWI offenses, while 19 percent had at two or more offenses.

According to the Web site accountablegovernment.org, 62 alcohol-related crash deaths occurred in Doña Ana County between 2001 and 2005, accounting for about 42 percent of the deaths in vehicle crashes. In addition, 1,107 crash-related injuries occurred during that time.

San Diego California DUI criminal defense attorneys news

Orange County Uses Blood Warrants in DWI Cases

October 8, 2007
Using Blood Warrants In Orange County

Intoxicated drivers in Orange County have more to worry about than a breathalyzer test.
If you're caught drinking and driving in Orange County, a breath test may not be all you have to worry about.

Authorities there are following a trend that's spreading across the state in an effort to convict people driving under the influence.

Police lights no longer mean just trouble in Orange County, and if you're under the influence of drugs or alcohol, it means truth.

District Attorney John Kimbrough said, "Under the DWI laws, if someone is not killed or injured then the person can refuse a blood or breath test and that's it, it's just a refusal."

Now, if you refuse a sobriety or breath test in Orange County, authorities can get a warrant on the spot to test your blood.

"It's just getting the truth, if they're intoxicated, we find out, if they're not intoxicated, they don't get charged," said Kimbrough.

Orange County is one of the most recent Texas counties using blood warrants in DWI cases. John Kimbrough says it's been a helpful tool in the fight against rising pain medication abuse, as well as the fight in the courtroom.

"We want to be able to preserve evidence and we want to have evidence we can present to the jury and so this is a way to obtain that evidence and get the truth."

While Kimbrough says the process is practically flawless, it does require prosecutors and judges to be available at all times when the request for a warrant comes in.

"The only thing that's difficult is that you do have to have people involved in the system but I think it works," he said.

Kimbrough says the truth works for everyone, including the drivers in question.

"That's really what we're after, to get the truth and that is to prosecute drunk drivers and to not prosecute people that aren't impaired, so it is a good balanced approach to the problem," said Kimbrough.

Kimbrough says his office has already had one blood warrant weekend and plans another in the next two to three weeks.

San Diego DUI attorney news

Woman who hit restaurant pleads guilty to battery, DWI

October 9, 2007

A woman who ran her vehicle through a local restaurant last year has pleaded guilty to battery and Drunk Driving / DUI / DWI and will serve five years' probation and pay more than $2,000 in fines.

Megan Lee Benson, 20, of Marion, told officers she was "huffing" fumes from an aerosol can while driving and didn't remember what had happened. According to the police report, Benson was driving a 2006 Hyundai on Pine Street. She apparently lost control of the vehicle, which left the street and ran through El Mariachi, a Mexican restaurant at 1303 Pine St.

Juan Lopez, 24, who was dining in the restaurant, was injured when he was pinned by the vehicle. It took firefighters and other rescue personnel several minutes to free Lopez from the wreckage. He sustained several serious injuries, Prosecuting Attorney Blake Batson said.


First-degree battery is a Class B felony, punishable by a term of 5-20 years in prison. DWI is a misdemeanor offense, punishable by a term of up to one year in county jail.

In her plea agreement, Benson agreed to serve 60 months probation and perform 200 hours of community service work. The details of the plea agreement were approved by the property owner and Lopez, Batson said.

Benson was also fined $2,000 and ordered to pay $150 in court costs, $250 for a DNA sample fee and an additional $50 to the local victims restitution fund.

San Diego California DUI criminal defense attorneys :

Journal Article

The Standardized Field Sobriety Tests: A Review of Scientific and Legal Issues
Journal Law and Human Behavior
Publisher Springer Netherlands

The Standardized Field Sobriety Tests: A Review of Scientific and Legal Issues
Steven J. Rubenzer1

(1) 11475 Sagecreek, Houston, TX 77089, USA

Received: 1 April 2007 Accepted: 18 July 2007 Published online: 6 October 2007

This article details the history and development of the National Highway and Safety Administration’s Standardized Field Sobriety Tests. They are reviewed in terms of relevant scientific, psychometric, and legal issues. It is concluded that the research that supports their use is limited, important confounding variables have not been thoroughly studied, reliability is mediocre, and that their developers and prosecution-oriented publications have oversold the tests. Further, case law since their development has severed the tests from their validation data, so that they are not admissible on the criterion for which they were validated (blood alcohol concentration), and admissible for a criterion for which they were not (mental, physical, or driving impairment). Directions for further research are presented.

Keywords Driving while intoxicated - Sobriety test - Horizontal Gaze Nystagmus - HGN - Walk and Turn - One Leg Stand - Driving safety



Steven J. Rubenzer
Email: srubenzer@comcast.net

California DUI / Drunk Driving criminal defense lawyer news

Police probe why alleged DUI deputy wasn't arrested
October 9, 2007

Police are investigating an incident in which one of the department's officers allegedly gave preferential treatment to a suspected California DUI / drunk driver who was an off-duty Sacramento County sheriff's deputy.

The unnamed officer made the traffic stop on Douglas Boulevard near Harding Boulevard during the early-morning hours Thursday and allowed the off-duty officer to be given a ride home by another person who was sober, said Dee Dee Gunther, a police spokeswoman.

The Roseville officer took no enforcement action - either through an arrest or by writing a citation -- against the deputy, possibly violating a department policy, she said.

"The Roseville Police Department is absolutely committed to fair and impartial law enforcement, and to the enforcement of (driving under the influence) laws," Gunther said in a news statement. "All of our employees are expected to carry out their jobs with integrity."

She said the Roseville officer is being investigated by the department but that no other details about him will be made available because it is a "personnel matter."

Gunther also declined to say what the blood alcohol level was of the off-duty deputy because the case is under investigation. In California, a person is considered legally intoxicated at a blood alcohol level of 0.08.

She said police are pursuing a California DUI charge against the deputy and that a completed report will be forwarded to the Placer County District Attorney's Office for evaluation of possible charges.

San Diego California DUI / Drunk Driving criminal defense lawyer news

Perhaps South Australia's worst drunk drivers was sentenced to 13 months in jail yesterday after pleading guilty to his 17th offence.

Scott Daren Brown, 40, of South Brighton, also pleaded guilty in Christies Beach Magistrates Court to his 13th offence of driving while disqualified.

Police prosecutor Sergeant Kevin Dollard described Brown as "probably one of the worst examples" seen by the courts of drink driving and driving while disqualified.

The court heard Brown, a diagnosed alcoholic, has been regularly convicted over the past 20 years.

His latest offence was committed in May on Main South Rd at Aldinga Beach.

Sgt Dollard told the court Brown was pulled over by police for a breath test.

He nearly fell over when he was asked to get out of his car, was unsteady on his feet, could not walk in a straight line, slurred his words, could not complete a sentence when he spoke and did not make sense.

Brown was taken back to the Christies Beach police station, where it was found he had a blood alcohol level of .22.

The court heard Brown, who was disqualified from driving until further order in February last year, had driven from his South Brighton home to Marion and Lonsdale and had been on his way to Willunga when he was pulled over.

Brown's lawyer, Jodie McRae, told the court Brown accepted there was no excuse for his behaviour.

She said he had depression and suffered severe back pain from curvature of his spine.

Ms McRae said that despite Brown's extensive contact with the justice system, he had not received treatment for his alcoholism. Brown has served jail sentences for his previous driving offences and also had to pay fines and complete community service.

Magistrate Teresa Anderson said previous penalties had not deterred Brown from continuing to drink-drive and drive while disqualified.

She sentenced Brown to 13 months in jail, backdated to when he was taken into custody in May, with a non-parole period of six months.

San Diego California Drunk Driving criminal defense lawyer news

California DUI police arrested a woman on suspicion of a California DUI - driving under the influence after she allegedly crashed into two parked vehicles and flipped her own car.

About 9:30 p.m. police received a call that a Jaguar XX8 had turned over just north of Cabrillo on Santa Ana Avenue in Costa Mesa, police said.

Police and fire units responded and arrived on the scene a few minutes later, finding Christine Smallshook, 46, of Costa Mesa trapped inside of the car, police said.

Smallshook was pulled from the Jaguar and taken to Western Medical Center – Santa Ana where she was treated for injuries, police said. She was arrested at the hospital on suspicion of California drunk driving / DUI / driving under the influence and released to medical staff.

San Diego Drunk Driving criminal defense lawyers look at TJ

Most visitors to TJ know about the “Hollywood Ray” buses that turn up in the faculty parking lot, ready to whisk the under-21 crowd down to Mexico for a night of drinking and debauchery — but few know the man behind the border-hopping business.

Following Hollywood Ray to his new club, Coko Bongo, was an exercise in endurance and insanity. The man weaves hectically from a bus pickup spot to a friend’s house to a gas run, constantly taking calls before he even starts to head down to Tijuana for the night, where he will stay until the party winds down at 4 a.m.

Hollywood Ray kicks at a rowdy audience while a drunken partier exposes herself. Coko Bongo opened Sept. 28, the same night as the annual naughty schoolgirl bash, an event that brought 2,000 partygoers and 150,000 unique visitors to Ray’s Web site the next day.

It’s easy to see why the college crowd has found its new hotspot. Coko Bongo doesn’t fit the typical dirty and rundown model of Tijuana clubs. The club is immaculate; workers armed with brooms are constantly patrolling the club and cleaning up after messy drunks. The VIP room is filled with trendy model types drinking champagne. Everything is brand new and more like Pacific Beach than Safari, a Tijauna club Ray had a stake in until a few days ago — a move he said was based on a change in agenda.

“We had totally different ideas on the club; I wanted to invest in it, make it nicer and even though my partners said they wanted to fix it up too, it never happened,” Ray said.

Despite the break, he said there is no bad blood between himself and his old partners. But even with the good relations, he can’t help gloating when Safari looks dead on a Friday night.

“All the cabs go to Coko Bongo now, no one goes [to Safari] anymore,” Ray said.

A born promoter, he wants more events and concerts to attract the crowd. On Oct. 5, Girls Gone Wild was at the club filming and handing out free shirts to a screaming crowd. A hot-girl contest with $100 and a bottle of tequila on the line turned R-rated when a largely male crowd started chanting “show your tits” to a stage of dancing girls, they complied; Ray knows how to keep his customers entertained.

He has been in the party scene since before he could get into clubs. Born in San Jose, Calif., the promoter got his start at age 14, handing out flyers for parties thrown by his older surfer friends. Soon he began throwing house parties, promoting bands and busing people to clubs. The rest is Avenida Revolución history.

According to Ray, he recieved his infamous moniker from the band Alien Ant Farm when he was doing promotional work for them. The band told him he had a style straight out of Hollywood, and the name and persona stuck with him since then.

Although he drives downtown and to Pacific Beach, the majority of his business is in driving undergraduates to Tijuana. Anywhere from 1,500 to 3,000 college students head across the border in Ray’s buses every weekend. He estimated that up to 90 percent of his customers are under 21. Until recently, San Diego State made up the majority of his business, but he said recently UCSD has caught up.

Though everyone has heard horror stories of good times gone wrong down in Mexico, Ray scoffed at claims of the Mexican police’s mistreatment of American students and insisted he hasn’t heard of anything terrible happening.

Ray is friendly with Tijuana’s law enforcement. He often calls a cop’s cell phone to see if he is on duty to provide an escort; even the federales came out to his VIP section. Running a new club in Tijuana is a high-profile endeavor that attracts attention from local government officials, and he is careful to stay in their good graces.

Besides the party buses and his new club Coko Bongo, Ray operates an air conditioning and heating business during the week. His packed schedule and expert multitasking is evident as he takes pictures of people dancing and answers nonstop calls between conversations. Even with the frantic pace and late nights, Ray is nothing if not calm and collected — a businessman in his natural habitat.

For anyone who has been to clubs on Avenida Revolución, the strip in Tijuana where most American students end up, the scene inside Coko Bongo is familiar. The relentless tequila man, pushy bathroom attendant and wasted sorority girls are ever present. The alcohol inevitably gets a few eager clubgoers too drunk to catch the bus home, but Ray tries makes sure everyone gets a ride home.

“I’ll go out of my way and take people home myself,” he said.

Even with his extreme popularity among San Diego college students, some still criticize how he makes his living.

“I think the violence and drug abuse in Tijuana comes from the disregard for the humanity and life in general in Tijuana,” Earl Warren College junior Yesenia Padilla said. “I think bussing college students anywhere for the express purpose of debauchery is deplorable, you wouldn’t want that in your backyard.”

But according to Ray, his position can’t be pigeonholed as simply an American businessman abusing the unequal border. His father is from a small town in Mexico, where he has spent time throughout his life. He also speaks Spanish well enough to pass as a native and sees his business as helping, not hurting, the system.

“I bring money into the country,” Ray said. “Of course I want things to improve.”

Waiting in line at the border, Ray spoke angrily about the divide, suggesting the border is illegal and only in place to isolate the increasingly business-savvy Mexicans.

His night ends after the last bus leaves the border. Drunk phone calls come in incessantly from riders unable to find the overpass that will take them home. He takes all the calls, not trusting anyone else to make sure the kids make it back safety.

San Diego Califonia drunk driving criminal defense lawyer inquiry

If you received a DUI in Missouri, your rights are likely being violated.

What if you were told that the state Department of Revenue was denying constitutional rights to a class of people in Missouri?

You may think it could never happen to you. However, once rights are violated, where does it end?

The rights of people caught drinking and driving over the legal blood-alcohol limit are being violated. This is particularly true if they must attend the Substance Abuse Traffic Offenders Program’s Weekend Intervention Program.

These people who received DUI citations have paid for their offenses as stipulated by the court system. Many times they are incarcerated. So you say: “And they should be. Where is the problem?”

After paying their fines, perhaps spending time in jail and seeing their driver’s licenses suspended, the Missouri Department of Revenue steps in. They are informed that to get their licenses reinstated a counselor must evaluate them and that through that process may determine that they must attend a weekend intervention program. This includes:

Arriving at a hotel at 4 p.m. on a Friday and having to stay until 4 p.m. the following Sunday.

No telephone calls in or out except for emergencies.

Searches of their person and luggage.

Room checks at 11:30 p.m. to make sure they are in their rooms and have not left the hotel.

People must do all these things to get back their licenses. By the way, this is guised under a voluntary program.

This is incarceration for people who have already paid for their crime in the court system. It is now a civil matter.

Now, what if you were told that, according to state statistics in 2005, only 3.4 percent of the accidents were caused by DUI drivers, and that 96.6 percent are caused by speeders, reckless drivers, etc.?

Maybe a conservative would say: “Who cares? The DUI people deserve it.” Now imagine that the Weekend Intervention Program is enforced for everyone who causes an accident, whether it is caused by speeding or anything else. Mr. or Ms. Citizen, how many of you have been in an accident caused by yourself, even causing slight damage?

Imagine that you are the one incarcerated in that hotel with no rights. So now it does matter that a class of people has had its constitutional rights violated. Who is next?

San Diego California drunk driving criminal defense lawyer news

Former Tennessee Titans quarterback Steve McNair this morning walked out of a Davidson County courtroom a free man after his DUI criminal defense attorney convinced prosecutors to drop a May DUI charge against him.

Assistant District Attorney Michel Claire Bottoms moved to dismiss McNair’s DUI after McNair’s brother-in-law Jamie Cartwright – who had also been charged with DUI ¬–agreed to plead guilty to reduced charges of reckless driving and implied consent.

As part of the agreement, Cartwright will have to pay a $350 fine, serve two days in jail and go to Davidson County Court DUI school.

Cartwright’s attorney, Ed Ryan, said his client will have 30 days to serve out his sentence.

McNair – who had flown in from Baltimore, where he is gearing up for his second season as the Baltimore Ravens’ starting quarterback – said very little after leaving court.

“I’m just glad it’s over,” was all McNair had to say while leaving court.

Although McNair was not driving when Cartwright was pulled over and arrested, McNair was also charged with DUI because an impaired Cartwright had been driving McNair’s vehicle.

Tennessee law allows police to levy a DUI charge on a person who turns over his or her keys to another driver who is impaired.

District Attorney’s Office officials, though, said most DUI / drunk driving charges against such passengers are dropped if the driver’s case is resolved.

San Diego California DUI criminal defense attorney news

October 8, 2007

There's been a San Diego California DUI criminal defense lawyer reaction to Nicole Nason's recent statements made concerning ignition interlocks.

Nason, a National Highway Traffic Safety Administrator, addressed prosecutors and judges on issues of drunk driving repeat offenders. With support from companies these, Nason stresses the importance of ignition locks in cars to control the number of California DUI charges.

Nicole Nason met with national safety advocates, court professionals, judges and manufacturers of safety equipment to discuss alcohol ignition interlocks. As argued in the meeting, Nason believes that the use of these locks will significantly reduce the fatalities connected with repeated violations of drunk driving policies.

Nason stood in front of prosecutors and judges in Washington, DC, strongly encouraging the implementation of the locks into traffic laws. Nason states that these locks will provide more protection to careful and responsible drivers.

According to Nason, "We need to expand the use of interlock technology in order to prohibit drunk drivers from getting behind the wheel again and again. It is vital that judges and prosecutors employ all the tools at their disposal to ensure that repeat offenders don't have the opportunity to cause harm."

She further stressed ignition lock importance, claiming that fatalities have reached a high in the last several years, but have come to a standstill with cases involving ignition locks. She also feels that the numbers could decrease with more use.

San Diego California DUI criminal defense attorneys news

The parents of a Minerva man killed in a 2006 traffic accident won a $1 million judgment against the drunk driver who’s now serving six years in prison.

Douglas and Vickie Simpson, of Minerva, filed the wrongful death lawsuit earlier this year, about ten days before Martin Gubesch, 30, also of Minerva, faced his punishment for criminal charges related to the February 2006 tragedy.

Columbiana County Common Pleas Court Judge C. Ashley Pike, who didn’t handle the criminal case, determined the damages in the civil lawsuit Thursday based on a default judgment granted in August.

The one-page judgment entry said the $1 million request by the Simpsons would be granted, with $100,000 from an insurance settlement subtracted, leaving a total judgment of $900,000 to be paid.

Gubesch was sentenced to prison for six years in April and lost his driver’s license for the rest of his life. In February, he pled no contest and was found guilty of aggravated vehicular homicide, a first-degree felony, and misdemeanor charges of operating a vehicle intoxicated and driving under suspension. Judge David Tobin presided over the case.

The Simpsons’ 24-year-old son Adam was killed while he was a passenger in Gubesch’s pickup, which traveled off of U.S. Route 30 outside of East Rochester, hit a utility pole and overturned on Feb. 5, 2006.

Gubesch was determined to be drunk at the time of the accident and his driver’s license had been suspended for another offense.

San Diego California DUI / Drunk Driving Criminal Defense Lawyers news

When Blaine Hepburn drove down a State Road with two bottles of Heineken in the cab of his truck on Labor Day weekend, he didn't expect the DUI checkpoint.

He argued to the Broward Sheriff's Office deputies who stopped him that the beer "wasn't opened." He told a reporter he had seven or eight beers earlier that Friday but had "already slept that off" before getting on the road at about 11 p.m.

Officers checked the Fort Lauderdale man's records, found a Miami-Dade warrant in a fraud case and arrested Hepburn on the warrant and a DUI charge.

Checkpoints mounted to snare drivers under the influence of alcohol or drugs have been criticized as labor-intensive and inconvenient for innocent motorists. Still, they play an essential role in reducing fatalities, officials said.

"Some people say they're not effective at all," said Sgt. Jorge Delahoz of the Florida Highway Patrol. "They serve a purpose to get the message out there. Are they the most efficient way to get people off the road? Probably not."

But the consensus among traffic law enforcers is they make a difference to those who might otherwise be victims.

"If it saves one life, it's worth it," said Highway Patrol spokesman Major Ernesto Duarte.

Getting Hepburn off the road that night, along with three other drivers suspected of being impaired, took a lot of planning, manpower and equipment from the Broward Sheriff's DUI Task Force. Although the number of arrests might seem small for such a high-visibility, hours-long operation, traffic law enforcers say regular sobriety checkpoints save lives and catch drivers wanted in other crimes. They also generate hundreds of traffic citations, for violations such as unsafe equipment and driving without a license or registration.

Advocates and traffic law enforcers say DUI checkpoints alone can't save lives. That also takes saturation patrols, where officers follow and stop drivers who appear impaired, vehicle devices that restrain drunk drivers and, most importantly, judges who strictly enforce sentencing guidelines.

"You can take these people's licenses away, put them in jail, but when they get out, there's really no way you can [keep] them from getting behind the wheel of a car," said Pembroke Pines Police Sgt. Bryan Davis, whose traffic division conducts monthly checkpoints.

"The only way to stop them from driving is to put them in jail," Davis said. "The court system just needs to stick with the sentencing guidelines they have for repeat offenders and not plead these things down. And make a statement that if you're going to drive drunk, you're going to do the time."

Checkpoints contribute to the 20 percent reduction in alcohol-related crashes in counties where they are conducted regularly, said Kenneth Beck, a University of Maryland professor who has studied them.

"It's not how many arrests you make," Beck said. "It's how many potential drunk drivers you scare off the road."

In 2006, a third of the 3,365 crash fatalities in the state were alcohol-related, according to Florida's Department of Highway Safety and Motor Vehicles. There was an 11.3 percent reduction in DUI fatalities from the 2005 total, the department found.

Fred Kadin, executive director of the Broward and Palm Beach chapter of Mothers Against Drunk Driving, said more lives could be saved if judges were stricter. They should order more people convicted of DUI to install ignition interlock devices that keep them from driving when they fail an instant sobriety test, he said.

On average, a drunken person gets on the road 87 times before being caught, according to MADD.

The checkpoint that snared Hepburn took place between 10 p.m. Aug. 31 and 2 a.m. Sept. 1 on State Road 7 just north of Commercial Boulevard. As cars approached the intersection, electronic signs notified drivers they were entering a DUI checkpoint.

At the Tamarac Square strip mall, more than 50 police officers and deputies from 10 agencies waited.

One by one, drivers were asked to show their license and registration. Those who had them were sent on their way. Those who didn't or whose cars had obvious violations such as a broken headlight, were ordered to pull into a parking spot. As officers searched cars, ran tags and wrote citations, a narcotics-sniffing police dog made the rounds.

In the end, officers diverted 562 vehicles, the Sheriff's Office said. They issued 118 traffic citations and arrested eight people — four on DUI charges, two for traffic misdemeanors, one for narcotics possession and one for carrying a concealed weapon.

Often times, San Diego DUI criminal defense attorneys can point to expensive checkpoints that are intrusive & expensive but result in little or no drunk driving arrests.

San Diego California Drunk Driving Criminal Defense Lawyer update

A case can be made that Alabama's DUI law is too lenient under any interpretation, that a more stringent law is justified by the seriousness of this offense. Drivers impaired by the use of alcohol or drugs are a horrific menace to the law-abiding public, not to mention to themselves. Drunken driving is a tragedy waiting to happen.

At a minimum, however, the state's law must be amended to make it clear beyond any question that every DUI offense counts toward the total that eventually raises the crime from a misdemeanor to a felony. The current flaw in the law left the Alabama Court of Criminal Appeals with no choice in its recent ruling.

Under the law, the first three DUI convictions are considered misdemeanors. Punishment can be as severe as a year in jail, although it seldom is. A fourth DUI conviction raises the crime to felony status, punishable by up to 10 years in prison.

But here's the problem the appeals court noted: The original DUI law contained five-year limits on counting DUI convictions in several sections of the statute. Over the years, amendments to the law removed some of those provisions, but a 2006 amendment inadvertently replaced the five-year period in a section of the law.

The effect, albeit unintended, was to limit the counting of DUI offenses toward felony status to offenses committed within a five-year span. In a case involving a Lamar County man with seven DUI convictions, three of them within the past five years, the court held that the earlier offenses could not be counted toward felony status. It could not have held otherwise.

The court was not pleased about this, but it is not the court's job to write the law. It must address points of law as it finds them. "We recognize the effect of our interpretation on DUI sentencing," Judge Greg Shaw wrote for the court. If the Legislature did not intend for the law to read this way, he wrote, the members of the Court of Criminal Appeals "urge the Legislature to promptly clarify its intent through appropriate legislation."

King will not appeal that decision, nor should he. As his spokesman noted with considerable understatement in an interview with The Associated Press, the court's "reasoning would be difficult to disagree with."

It was not the intent of the Legislature to reinstitute the five-year time frame, Rep. Marcel Black, chairman of the House Judiciary Committee, told AP. Given that, lawmakers should be more than willing to work with the attorney general in drafting a measure to clarify the law. The statute must be made utterly clear on this point.

There is no justification for ignoring previous DUI convictions. Any DUI conviction is a serious matter and multiple convictions, regardless of the time span in which they occurred, are even more serious. Multiple convictions indicate an undeniable threat to public safety.

San Diego California Drunk Driving Criminal Defense Attorney news

If an employee breaks laws regarding DUI or drunk driving, the employer can fire them.

Travis Henry's questionable status with the Broncos can be measured in weeks.

With Henry's future stuck in an unusual legal entanglement, it is not known how long the troubled star running back will play for the Broncos. It will probably be weeks before his fight against the NFL over his urine samples is settled. But for now, all that is clear is that Henry will be available to play today for the 2-2 Broncos against the San Diego Chargers at Invesco Field at Mile High.

Henry - who practiced Friday for the first time last week because of knee and ankle injuries - proclaimed that he will play today. Coach Mike Shanahan said if Henry doesn't have an injury setback, the NFL's leading rusher will be in the

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His time could be running out. It appears the legal skirmish between Henry and the league will take several weeks, but probably less than a month. If Henry is suspended for at least one year, he can appeal that decision, and play through that process, which usually takes a couple of weeks.

The dispute is over Henry's samples, which were positive for marijuana. Because he is in stage two of the league's substance abuse policy - he has already served a four-game suspension for marijuana use - another failed test would result in a year's suspension.

When the NFL suspends players for a year, it makes it an indefinite suspension, with the player having the opportunity to apply for reinstatement after a year. The player must go to counseling and is tested regularly while on suspension. If a player tests positive a fourth time, he receives a lifetime ban from the NFL.

Each specimen is broken into two samples, an "A" and a "B" sample. Henry's lawsuit is based on the NFL not allowing one of his experts to test the "B" sample. However, there were indications Friday that the first sample might be reviewed as well.

In his complaint, Henry was adamant his sample was not positive.

While Henry's case may be a longshot, there might be some viable arguments that could be made by his attorneys to get the test reversed, some close to the situation believe. The case is in Brooklyn federal court and there is expected to be a hearing on the matter this week.

Neither Henry nor Shanahan would discuss the legal matter. Shanahan said he was "disappointed" with the situation but couldn't discuss it at length because "it's touchy."

Shanahan did say he is well-versed in the situation and would talk at length about the matter once it is settled. He said he spoke with Henry for almost an hour Thursday night. Shanahan said neither he nor anyone in the organization knew about the case until Thursday.

NFL spokesman Greg Aiello said the league will not have any comment on Henry until a decision has been made, but Aiello did say he did not expect an announcement before the game against the Chargers. NFL attorney Sean O'Donnell declined to discuss the case.

Steve Zissou, one of Henry's lawyers, said he couldn't provide a copy of Henry's court filing in the state court system in New York. Henry's other lawyers didn't return calls.

Dave Smith, an attorney at Denver's Mountain States Employers Council Inc., a management advocacy group that helps companies in contract negotiations, said the resolution of the Henry matter depends on the terms of the contract between the NFL and its players union.

All Things Broncos

Post reporter Bill Williamson posts entries on this blog devoted to the Denver Broncos. Visit it here.
"It really deals more with the collective bargaining process," he said. "It depends upon the parties involved and the issues."

In Colorado, private employers can terminate workers for illegal activity even if it doesn't occur during work time. For example, if an employee breaks laws regarding drug possession or drunk driving, the employer can fire them. And private employers have the right to conduct random drug checks, even if such a policy isn't written down in advance of the worker's hiring.

The Broncos gave Henry a five-year deal with $12 million in guarantees. The Broncos may attempt to retrieve most of that $12 million but, according to the league's collective bargaining agreement, all signing bonus and option bonus money that can be retrieved is a prorated portion. Because the $12 million is split equally between the signing bonus and future option bonus money, the $6 million owed in signing bonus is where the proration could come from. The option money likely would not be paid.

San Diego California DUI criminal defense lawyer news

Around midnight, a man driving a Nissan Pathfinder plowed through a building on U.S. 49 at Ashley Road in Orange Grove, destroying a hair salon that had just opened. No one was hurt.

The driver was Alexander Garcia Contreras, 26, of Oaxaca, Mexico. He was arrested for DUI driving under the influence, having no insurance or driver's license and leaving the scene of an accident. He is currently at Harrison County jail in lieu of $1,920 bond.

The building, at 12342 U.S. 49, houses Strojny and Strojny Financial Services (with an Oct. 15 tax deadline) and Just Your Style Salon, among others. Building owner Jane Strojny and salon owner Debbie Kilpatrick said police told them the man and his passengers may have stolen beer before the accident. The SUV crashed through the financial office's door and ended up in the salon, said Strojny. She said police remained at the scene for hours until the car could be removed and the storefront could be boarded up.

MADD Florida Launches Pilot Program to Catch Drunk Drivers

TAMPA, Florida

Mothers Against Drunk Driving, Florida (MADD Florida) announced today the launch of a volunteer-based pilot program in Hillsborough County designed to assist in removing drunk drivers from the roadways.

“The Traffic Observation Program (T.O.P.) is exactly what the name implies,” stated Don Murray, MADD Florida’s Executive Director/CEO. “Specially trained and certified volunteers operating from their personal vehicles in teams of two, at peak hours and in key locations around the county…and using donated cell phones, will notify law enforcement when observing a driver who appears to be intoxicated.”

“T.O.P. drivers will focus only on the safe operation of the vehicle, while the passenger functions as a trained observer, watching for erratic driving, and using the cell phone to immediately notify Law Enforcement,” continued Murray. “It takes special training to do this safely and correctly. DUI Drivers often exhibit subtle clues to their condition. We are working closely with the Hillsborough County Sheriff’s Office and other agencies during our initial launch phase.”

“Our volunteers will have no contact with the drivers of subject vehicles,” continued Murray. “They will not be conducting traffic stops, engaging in vehicle pursuits, or intervening directly. Their job will be only to observe and notify. It’s a very stealthy and simple concept,” said Murray. “That soccer-mom minivan behind you may contain a team of trained observers determined to save a life and prevent an avoidable crash.”

MADD’s Traffic Observation Program in Hillsborough County will be the first such program in the nation, and promises several benefits. First, law enforcement agencies will receive the benefits of having additional trained eyes on the roadways searching for DUI drivers, with no budget impact. Second, the community will benefit as DUI drivers will be specifically targeted, potentially saving lives and preventing serious bodily injury. “There may be as many as 20-30 additional sets of trained eyes on the road during the most active and troublesome hours and in known problem areas,” said Murray.

Proposed cuts in Florida’s property taxes are expected to result in reduced budgets for many Florida law enforcement agencies. Murray wants to be sure that reduced budgets don’t result in fewer eyes on the road to catch DUI drivers. He believes the success of this pilot program will likely lead to the expansion of the T.O.P. Program throughout Florida, and possibly to other MADD entities across the nation.

“Our fear is that, without intervention, we could see an increase in fatalities and serious bodily injuries as a result of reduced numbers of dedicated DUI officers on the roadways,” stated MADD’s Hillsborough County Volunteer Leader, Linda Unfried. “These budget cuts appear to be on the way and will likely be here to stay. This is a true opportunity to save lives and reduce serious bodily injury, and we are thrilled that our community was selected for this Pilot Program.”

San Diego California DUI criminal defense lawyer news

Local man facing DWI, indecent exposure /pee-in-public charges
10/04/2007


CARLSBAD — A Carlsbad man was arrested Wednesday and charged with both drunk driving and indecent exposure.

On Wednesday, police responded to West Pierce Street in reference to a man in a white van who was unresponsive. When officers arrived, they found 61-year-old Frank D'Amore sitting in the driver's seat smelling strongly of alcohol, a police report stated.

When D'Amore failed a DUI sobriety test, he was arrested for DWI / driving while intoxicated.

Officers also charged D'Amore for an earlier incident in which he allegedly urinated near the front door of the Wal-Mart store on South Canal Street, a criminal complaint stated.

That incident occurred in January when a female Wal-Mart greeter reported that she saw D'Amore walk out of the store to his car parked in the first space by the store.

He then stood next to his car, faced the front doors at the north end of the store and began to urinate in the parking lot, the witness said in the report.

Another Wal-Mart employee told police he had seen D'Amore pull up in his van and hit a newspaper stand when D'Amore first arrived at the store.

When confronted by the police, D'Amore denied that he had exposed himself or urinated in public. He did say he had consumed a small amount of alcohol before arriving at the store, the report stated.

D'Amore was cited at the time for criminal trespass.

D'Amore was being held Thursday at the County Detention Center on a $5,000 cash bond.

California DUI criminal defense attorney news

Iraq War veteran receives 5-day sentence for 2006 DUI crash

10/4/2007

A decorated war veteran from Eureka received a controversial sentence Thursday for a 2006 DUI car crash that left him and his girlfriend with serious injuries.

Kelly Miller, 24, was sentenced to five days in jail — the minimum allowed by law, according to Judge Dale Reinholtsen, who imposed the sentence despite objections from the victim’s parents.

But the judge also sentenced Miller to four years of probation, the terms of which include 800 hours of community service, fines in excess of $3,000 and the payment of financial restitution.

In imposing the sentence, Reinholtsen said he weighed a number of factors, including Miller’s distinguished record of military service.

The College of the Redwoods student served two tours of duty in Iraq and was injured in both. He was awarded the Purple Heart, and his squad leader, Cpl. Jason Dunham, was posthumously awarded the Medal of Honor — the nation’s highest military award for valor — when he fell on a grenade and saved Miller’s life.

But it was Miller’s third near-death experience that landed him in court and even on the front page of The Wall Street Journal.

Michael Phillips, a TWSJ reporter who had been embedded with Dunham and Miller’s unit in Iraq, wrote about Miller’s struggle with “the guilt of making it home alive,” and described the high-speed DUI crash that left the young soldier with a broken shoulder blade, shoulder socket, nose and front tooth.

Miller’s girlfriend, then 21-year-old Kellyn Griffin, sustained a broken arm, lacerated liver and serious concussion.

Griffin did not want charges filed against Miller, and Humboldt County Deputy District Attorney Ben McLaughlin agreed in September to a plea deal that reduced Miller’s possible jail time from six years to six months.

Even McLaughlin said he was surprised by the five-day sentence, but added that he was “comfortable with it” in light of the community service requirement.

“The bottom line is the court sentenced him, and that’s what the court thought was appropriate,” McLaughlin said.

Michael and Gayle Griffin, the victim’s parents, disagreed.

They had asked to address the court prior to sentencing, but Reinholtsen said that because their daughter was an adult, there was “no statutory basis” for them to do so.

At one point, Michael Griffin stood to address the court without permission, and a bailiff quickly ordered him to sit.

At the conclusion of the hearing, Reinholtsen called for a recess, and as the courtroom cleared, Michael Griffin called out to McLaughlin, “Hey Ben, what kind of lawyer are you?”

Outside the courtroom, Michael Griffin swore as he waited for McLaughlin to emerge, while a visibly upset Gayle Griffin said the sentence sent a dangerous message.

“It’s OK to drink and drive in Humboldt County,” she said.

All three Griffins were ushered by bailiffs out opposite ends of the Courthouse.

Miller is scheduled to return to court in April 2009. If he has successfully completed the terms of his probation, the judge will consider a motion to reduce the felony conviction to a misdemeanor.

San Diego California DUI criminal defense attorney news

ATV driver gets DWI, assault with auto charges

Police say a Manalapan man was intoxicated when his four-wheel allterrain vehicle (ATV) struck and injured three children.

Bryan L. Wrobel, 24, was arrested and charged with driving while intoxicated and assault with an automobile following the incident in the rear parking lot of Raceway Park, Pension Road, at 9:06 p.m. Police reported that Wrobel had been operating the ATV in a reckless manner and lost control of it, causing the accident.

Police arrived at the scene, near the pit area, to find two children who had reportedly been injured by the ATV. Officers learned that a third youth had been taken by his father to Raritan Bay Medical Center, Old Bridge division, for treatment of an injury.

One of the injured children is 6 years old, while the other two are 11. One sustained injuries to the left arm, left foot and left side of the face. Another, who was allegedly tossed into the air by the vehicle, suffered a head injury, according to the police report. The child who was taken to Raritan Bay Medical Center sustained scratches on the right leg, "road rash" and a burn on the right calf.

The Old Bridge Red & White First Aid Squad responded to the scene to attend to the children, and transported them to Robert Wood Johnson University Hospital, New Brunswick.

Wrobel, who stayed at the scene, was reportedly uninjured. Police said the suspect smelled of alcohol and he subsequently failed a field sobriety test.

Police took Wrobel to headquarters for processing, and determined that his bloodalcohol content was .22 percent, based on a breath test. The legal limit in New Jersey is .08 percent.

Wrobel posted $5,000 bail and was released. His case will be reviewed to determine whether charges should be pursued in state Superior Court.

San Diego California DUI criminal defense lawyer book

For even the most seasoned Arizona Attorney, defending DUI cases has always presented special challenges. Today, due to legislative developments, the introduction of blood alcohol-testing technologies, and an increasingly harsh prosecutorial climate, mounting a successful defense is more difficult than ever. That’s why Arizona attorneys will come to rely on Arizona DUI Defense: The Law and Practice.


Written by James Nesci, Board Certified by the National College for DUI Defense and Arizona DUI law expert, Arizona DUI Defense: The Law and Practice ensures that you understand the chemical, biological and technological concepts and issues underlying DUI prosecution and defense in the State of Arizona. You may rely on James Nesci for up-to-date information on key areas including: DUI Investigations, Driving & Field Sobriety Testing, Drug Recognition Evaluation and Chemical Testing, Blood Alcohol Calculations, Pre-trial Investigations and Motions, Practice, Plea Offers and Agreements, and DUI Trial Procedures.


Many practical tools and applications designed to streamline and simplify the complex DUI defense process have been developed along with this book. They are all included on a bonus CD-ROM - so you can locate, review and print them out in a matter of seconds.



Book Topics Include:



Types of DUI

Role of the Motor Vehicle Division

Pre-trial investigation

DUI investigations

Driving behavior

Field sobriety testing

Drug Recognition

Chemical testing for alcohol and drugs

Blood alcohol calculations

Use of expert witnesses

DUI jury trial information

Client relations

Ethics and advertising

Arizona Rules of Evidence

Notices of proposed rulemaking




CD-ROM topics include:



USDOT “Drugs That Impair Driving” student manual and teacher manual

Color-coded “DUI Mandatory Sentencing Chart”

USDOT “DWI Detection and Standardized Field Sobriety Testing” student manual and teacher manual

USDOT “SFST Refresher Training Course” student manual and teacher manual

Arizona rules

Jury instructions

NHTSA “The Detection of DWI Motorcyclists” brochure

NHTSA visual detection (videos)

San Diego DUI criminal defense attorney news

San Diego Blood cases

Your hematocrit level is the ratio of aqueous portions and solid portions of your blood. When alcohol enters your bloodstream it is carried in the plasma (liquid portion). Alcohol does not get absorbed into the red blood cells and other solid material in your blood Someone with a higher hematocrit level will have more solid parts in their blood and therefore will have less space for the alcohol to disperse in the liquid portion of the blood. Normal hematocrit differences can elevate a BAC by 10% to 14%.

Update from San Diego Drunk Driving Criminal Defense Attorneys

A drunken driving arrest in which a Bryan man refused a breath test and defecated in his car resulted in 75 years in stacked sentences Tuesday.

It took a jury about 30 minutes to find Bryan resident Ina Lee Turner, 66, guilty of driving while intoxicated and another half hour to sentence him to 50 years in prison for the repeat offense.

District Judge Steve Smith then stacked Turner's new sentence on top of a 25-year term that he had been on parole for when the October 2006 arrest occurred. The previous term also was for felony DWI.

In fact, Turner has had at least nine DWI convictions, assistant district attorneys Cory Crenshaw and Brian Price told jurors Tuesday.

"This case is not about punishing Mr. Turner for the crime of driving while intoxicated," Crenshaw told jurors before asking for a sentence of 50 years or more. "This isn't a referendum on DWI.

"What we need to do is punish the defendant [for his lengthy criminal record]. We need to show Mr. Turner that enough is enough."

In a brief counter argument, defense attorney Bruno Shimek asked jurors to find it "not true" that Turner had been previously convicted of felonies so they wouldn't have to dole out such a hefty sentence. Turner has never been in a drunken driving wreck and has never hurt anybody, he pointed out.

Driving while intoxicated is generally a Class B misdemeanor punishable by up to six months in jail. However, it is enhanced to a third-degree felony punishable by up to 10 years in prison on the third offense. It was enhanced again Tuesday - so that Turner faced a sentence of between 25 and 99 years or life - because he had at least two trips to prison on his record, classifying him as a habitual offender.

Turner was arrested following an early afternoon traffic stop in which police said he couldn't follow directions and behaved lewdly - disrobing and defecating in his car and on the ground in front of officers and bystanders. The stop was videotaped and prosecutors pointed out Tuesday that two school buses and several pedestrians passed by during the ordeal.

After cleaning himself off, Turner repeatedly failed field sobriety tests, officers have testified. During the one-leg stand test, he was told to count up from 1,000. Instead, officers reported, he counted backward, then up again before ending with, "four, three, two, one, eight."

When prompted to resume the test, he started again at eight before counting down through the 80s and jumping back to seven, police said.

However, Turner's attorney pointed out to jurors during closing arguments that the car was driven only about 6 feet from the curb before he was stopped. In addition, Shimek said, law enforcement manuals define 65 as the age at which field sobriety tests become less reliable.

Shimek has chided officers for denying his client basic dignity. Officers should have known incontinence is sometimes a burden of old age and allowed the man to immediately find a bathroom, he argued.

But field sobriety tests are still reliable enough, prosecutors said, adding that Turner refused breath and blood tests - the two sure ways to determine his intoxication level.

In addition, they said, Bryan police officers went above and beyond the level of patience one would expect in such a situation. After the punishment was announced, several jurors said they agreed, according to the attorneys.

Turner's criminal record is hazy before 1980, but he is known to have been convicted of felony DWI that year and in 1983, 1984, 1987, 1988 and 1998, prosecutors said. Judge Smith referred to him as a "serial drunk driver" before announcing his decision to stack the last sentence.

San Diego California drunk driving criminal defense lawyer news

Extending a string of state Highway Patrol officers being fired or disciplined for conduct-related issues, the patrol has fired another state trooper, officials announced Wednesday.

First Sgt. John Warren was charged with driving while impaired on Sept. 9 in Nash County.

He was placed on leave following his arrest, and patrol officials fired him Tuesday. Warren was a 19-year veteran of the force and was stationed in Raleigh.

Troopers arrested Warren after they were contacted about an argument between him and a woman at her home. When troopers arrived at the residence, they determined Warren had driven there while impaired.

They arrested him on suspicion of drunken driving. Breath tests showed he had a blood-alcohol content level of 0.13. The legal limit is 0.08.

Warren’s firing comes a week after Gov. Mike Easley called for a review of the hiring and screening process and supervisory procedures of the Highway Patrol.

In September, the agency fired one trooper who targeted young women for late-night traffic stops and another who abused a police dog in a training exercise. A third trooper resigned after two women said he forced them to kiss him, and a fourth was dismissed for undisclosed reasons.

Troopers have to submit to a polygraph test, background check and psychological testing to get hired.

San Diego Drunk Driving Criminal Defense Lawyer update

Defense attorneys will start arguing next week to dismiss hundreds of drunken-driving cases across Washington based on what they allege is a pattern of misconduct and incompetence at the state toxicology lab.

Already, 36 people arrested on suspicion of DUI had their licenses reinstated last month, after several Department of Licensing hearing examiners expressed a lack of confidence in the Seattle lab's test results.

One examiner allowed a 49-year-old Puyallup man to keep his license, despite a second DUI arrest five days before his hearing. A 50-year-old Yakima County woman with a prior DUI also got to keep driving.

A flurry of motions to dismiss pending criminal cases or suppress breath-test results have been filed after the resignation of lab manager Ann Marie Gordon in July amid allegations that she signed false statements about her work.

And the recent discovery of a two-year error in the way the lab calibrated its breath-test machines, which slightly skewed some results, has added new complaints.

State officials, however, said Wednesday that the calibration error significantly affected only eight DUI cases and has no bearing on the overall accuracy of breath tests.

"We still have confidence in our test results," said Jeff DeVere, spokesman for the Washington State Patrol, which oversees the lab.

In King County, defense attorneys have filed motions to dismiss at least 55 drunken-driving cases based on allegations of flawed lab work. But the first arguments will be heard next week in Skagit County District Court, which has combined at least 40 similar motions.

Two judges will hear several days of testimony from defense attorneys, Gordon and other state toxicologists in an effort to decide whether disputed test results from the toxicology lab will be admissible.

"The disregard for procedures really brings into question everything they do," said Bellevue defense attorney Francisco Duarte, whose firm is handling some of those cases.

"This is the first opportunity for the defense to ... produce evidence that the government's misconduct is so egregious that those cases before the court should be dismissed or the evidence suppressed," he said.

But state officials maintain that Gordon's actions wouldn't have affected the reliability of the lab's breath tests. Prosecutors are still reviewing results of a State Patrol investigation and weighing whether to file perjury charges against her.

Gordon is accused of repeatedly signing sworn statements saying that she personally tested an ethanol-water solution used to make sure breath-test machines were working properly -- even though another scientist apparently did the work.

But because between three and 15 technicians test each batch, doubts about those certificates can be handled by having another technician testify about it in court, according to the state.

"I don't think anyone other than Ann Marie Gordon has any idea exactly what went on at the toxicology lab, but our take is that at this point it doesn't affect the reliability of these tests," said Skagit County Deputy Prosecutor Toni Montgomery.

It's every defense attorney's job to try to get breath-test results suppressed in a DUI case, Montgomery said.

She'll argue that the jury has the right to hear those results and decide how much weight to give them, along with evidence of poor driving, results from field-sobriety tests and officers' testimony.

In King County, a similar hearing on a motion to dismiss a DUI case based on Gordon's faulty certifications likely will be scheduled for late November. A judge has declared the motion an "issue of countywide significance" that could potentially affect all criminal cases involving tests administered between late 2003 and March 2007.

"We will answer in court when these issues come up," said Dan Donohoe, spokesman for the King County Prosecutor's Office.

Defense attorneys also point to a calculation error that arose in August 2005 when the lab increased its roster of toxicologists from 12 to 16, but failed to change the formula used to aggregate their data.

That mistake affected a series of solutions used to calibrate the state's breath-test machines. It was discovered during an in-house review after Gordon's resignation and announced this August.

DeVere said the mistake made a legal difference in only eight cases, all in Spokane. In four of those cases, drivers tested at 0.08 percent, the legal limit, when the result should have been 0.079 percent. The other four tested at 0.15 percent, which kicked in a harsher sentence, when their breath-alcohol level was actually slightly lower.

The breath-test machines "still meet scientific parameters for accuracy," DeVere said. "Did we follow exact procedure for the calculation? We didn't. But we don't believe it has material bearing on a DUI."

He said the inaccurate breath-test machines are a drop in the bucket against the department's 250 breath-test instruments and the 43,000 DUI arrests typically made each year.

"The defense is portraying this as the end-all and be-all of a DUI case, and it's not," DeVere said.

To address the mounting arguments of defense attorneys, the Department of Licensing conducted a fact-finding hearing Sept. 10 with testimony of two toxicologists. Since then, at least three hearing examiners have dismissed 36 cases, allowing drivers to keep their licenses.

"There is more at stake in these proceedings than just a computer error," hearing examiner Josephine Townsend wrote in a dismissal order on Sept. 18.

Townsend wrote that she gave "little weight" to the breath-test results for the following reasons: The "lack of check (sic) and balances;" the certification of results by unauthorized personnel; the state's re-issuance of breath-test calibration solutions; and the "credibility issues" of Gordon's work.

"I find that these issues erode my confidence in the quality of the scientific work performed, and call into question the reliability of the breath-test evidence presented before the problems were corrected," Townsend wrote.

DeVere countered that the licensing hearings are typically one-sided, often with no input from prosecutors, and limited to an arrest report and the "breath-test ticket" as evidence.

But Andrea Robertson, a Seattle criminal defense attorney, said those rulings serve as a wake-up call about the breadth of problems at the toxicology lab.

"It's staggering to think of how many cases could be affected," she said.

"It remains to be seen how big of an issue it will be -- but if judges view it as strongly as the Department of Licensing seemed to, it'll have a massive impact."

San Diego DUI criminal defense attorney news

California drunk driving criminal defense attorney for Wrestling star:

"Kurt Angle maintains his innocence relative to the charges brought by the police in this matter. The improper arrest occurred in the middle of the afternoon after Mr. Angle showed no signs of intoxication. The police have no blood alcohol content and not firsthand knowledge of his operation of his vehicle. We believe the motivation for this arrest is based upon Kurt Angle's celebrity status and we are confident that we will prevail when the truth becomes evident."

Kurt Angle, the former WWE and current TNA wrestling star, was charged with California DUI and careless driving after being pulled over on the afternoon of September 28.

Angle was arrested at his home in Moon Township, Penn. after a witness spotted a white Cadillac Escalade driving erratically after pulling out of a local bar. The registration of that vehicle led police to Angle's home, where cops say he admitted to driving the vehicle and that he had just left the bar in question.

Officers then say Angle showed "signs of intoxication," and they administered a field sobriety test, which he failed. Angle was then placed under arrest and taken to a local hospital where he refused to take a blood test.

No future hearing has been set.

Angle won an Olympic gold medal in freestyle wrestling in 1996. Calls to Angle's reps were not immediately returned.

San Diego California DUI criminal defense lawyer

Lawn-mower driver not fast enough to avoid an arrest on DUI charge

MARTINSBURG, West Virginia — A man accused of drunken driving tried to outrun the police, but his vehicle wasn't up to the task.

Michael Ginevan, of Bunker Hill, was driving a riding lawn mower on a road about a mile from his home when a Berkeley County sheriff's deputy tried to pull him over. Ginevan, 39, allegedly "sped" away, and Deputy J.H. Jenkins stopped his cruiser and ran after him, according to Magistrate Court records.

Jenkins caught up to the lawn mower after a short chase, but Ginevan allegedly wouldn't stop so the deputy pulled him off the machine. Ginevan refused a sobriety test and was arrested.

Jenkins found a case of beer strapped to the lawn mower's front, court records show.

Ginevan was charged with fleeing while driving under the influence and obstructing an officer.

California DUI (San Diego) criminal defense attorney news


Kwame Brown charged with misdemeanor after cousin's DUI arrest


Los Angeles Lakers center Kwame Brown, who comes to San Diego October 25 against the Suns, faces misdemeanor charges in south Georgia following a weekend incident in which his cousin was charged with DUI, authorities said.

Police pulled over Charles Warren Jr. early Saturday morning for driving the wrong way down a one-way street in downtown Valdosta and began questioning him about the strong smell of alcohol in his vehicle, said Lt. Bobbi McGraw with the Valdosta Police Department. Brown approached the officers and told them he was Warren's cousin and the vehicle belonged to the basketball player, McGraw said.

Brown became disruptive and tried to interfere with the officers' investigation, which led to his arrest, McGraw said. Brown was charged with disorderly conduct and interfering with an officer after his cousin was charged with DUI, McGraw said.

Brown, 25, was released shortly after his arrest. Jail officials had no record of how much he paid in bond. He likely will appear in court on the charges within two months, McGraw said.

Lakers officials told the Los Angeles Times they are aware of the charges but declined to comment further.

Brown, the top draft pick in 2001, was accused of sexual assault in May 2006 by a college student, but prosecutors rejected the case because of a lack of evidence.

DUI criminal defense lawyer news

Man drunk at DUI trial

A Moultire man is back in jail after police say he showed up intoxicated to his court hearing for a charge of driving under the influence of alcohol.

According to police reports filed with the Moultrie Police Department, Roderquis Jamal Hudson, 19, was scheduled to have a hearing before City Court Judge David Herndon Saturday afternoon when officers noticed the smell of alcohol.

When Moultrie police officer Kimberly Weissinger asked Hudson if he had been drinking, the report said that he replied "F– no."

Reports show Hudson tested positive for alcohol use.

He was charged with possession of alcohol by a minor and contempt of court. According to the report, Hudson's DUI case was continued to a later date based on Hudson's suspected inebriated state.

DUI / drunk driving criminal defense lawyers news


D-Rays pitching coach charged with DUI

St. Petersburg, FL - Tampa Bay Devil Rays pitching coach Jim Hickey was charged with driving under the influence following a hit-and-run accident Sunday night.

Hickey, who had completed his first season as pitching coach for the club, was also charged with resisting arrest after rear-ending a car near Tropicana Field shortly after the club returned from Toronto following its season finale.

Although team policy forbids serving alcohol on home-bound flights, team personnel is not prohibited from bringing their own alcohol on board.

The 45-year-old was released after posting $900 bail on the various misdemeanor charges.

In related news, the Devil Rays announced their 2008 coaching staff for manager Joe Maddon.

Third-base coach Tom Foley, hitting coach Steve Henderson, first-base coach George Hendrick and bullpen coach Bobby Ramos are expected to return. The contract of bench coach Bill Evers will not be renewed, and Hickey's status is uncertain following Sunday's incident.

California DUI criminal defense attorneys news

A Fairbanks man is being sent to jail for more than 18 years for a DUI crash last year that killed a world-renowned scientist.

Byron Frank Geisinger, 47, was found guilty of manslaughter after slamming his pickup into a car driven by 74-year-old tourist Yong-Ki Kim.

Kim was a physicist known for his work on the calculations of atomic structure and collision properties.

His wife and son suffered minor injuries in the crash.

San Diego drunk driving criminal defense lawyer news


A man who spent nearly five years in prison for killing a woman in an alcohol-related car accident in Salt Lake County was arrested again last week, accused of driving under the influence.

And he walked out of jail without having to post bail.

Robert J. VanDyke, 42, was arrested on Sept. 25 in Spanish Fork and was released by the jail just two hours later, despite having on his record four misdemeanor and two felony convictions related to alcohol.

It's the responsibility of the arresting officer to note previous convictions on the arrest report, said Sgt. Dave Hill at the Utah County Jail. Previous DUI convictions would mean the person could be booked into jail on a felony, rather than walking out after meeting certain criteria, like being employed and a Utah County resident.

Now, the Utah County Attorney's Office is looking into what happened.

"We are very concerned about this one," said Utah County Attorney Jeff Buhman. "We don't know what happened without talking to the (arresting officer)."

VanDyke's record includes four misdemeanor convictions, said Deputy Utah County Attorney Guy Probert, who plans to file charges today. VanDyke also has two felony convictions related to alcohol.

San Diego DUI criminal defense attorney drunk driving news

BACKWARDS & IN HIGH HEELS

100-percent preventable: We've heard it a thousand times, and still it's not enough

by Aaryn Belfer, a very good writer

On any given weekend in the College Area, police officers can be spotted busting up raucous parties. (Remember those days? Yeah--good times.) I've watched from my front porch as kids stream from the houses like clowns from a Gremlin, noisily flood the streets, climb into their cars and peel into the night. While I'm always thankful that quiet is about to be restored to my little sliver of the community, I wonder--every single time I hear rubber squeal against pavement--how many of them are driving drunk as they speed toward their next beer bong.

According to Pat Hodgkin, executive director of the San Diego chapter of Mothers Against Drunk Driving (MADD), approximately 17,000 people are killed each year in the U.S. as the result of drunken-driving crashes. In San Diego County, roughly two people die each week.

Last November, Mesa College student Whitney Young became one of those sad statistics. Young, 19, was struck by a car, driven by a man just one year older than she was at the time, while crossing Montezuma Boulevard near San Diego State. The drunken driver who hit her, Eric Joseph Leeman, fled the scene. When apprehended four days later--the same day Young died from the injuries sustained in the late-night hit-and-run--he claimed he thought he'd struck an animal.

This crash happened only four blocks from my home while my family and I slept. I drive daily over the exact spot where this woman was hit and fatally injured by a drunken kid not of legal drinking age. As a parent who will one day send her child into the world on her own, I've been haunted by this story. It brought me a keen awareness of how she could so easily be the one killed by a drunken driver and, only slightly less atrocious, how she could just as easily be the one to go to jail. Last week, Leeman was sentenced to 11 years in state prison.

"We're grateful to the judge," Ms. Hodgkin offered carefully when I asked whether MADD considered the sentence appropriate, an acknowledgment that the judge could have opted for a lighter sentence due to a plea bargain. But she immediately followed with a valid, if rhetorical, question: "How much time is a life worth?"

This story is a tragedy in so many directions. Two families are devastated by a terrible choice made by one person. Two families are ruined forever by loss so painful and reverberating that I cannot begin to comprehend it. But I have to admit that, as the story originally unfolded, I felt some compassion for Leeman. I couldn't see how sending him to prison with violent criminals was going to make things better. (It should be noted that MADD views drunken-driving crashes as violent crimes.)

The way I saw it, this guy would spend many years cautiously bending over for the soap, and it wasn't going to change the fact that a young girl was dead because of him. Wouldn't it be more beneficial to society, I thought, for him to permanently lose his driver's license, to go through alcohol treatment, to forever be adorned with an oh-so-fashionable alcohol-monitoring bracelet and to do thousands of hours of community service? Some jail time would be necessary, of course, but wouldn't a greater purpose be met if he were to serve a life sentence touring the country, speaking publicly before auditoriums filled with high-school and college students who will some day find themselves in the position of choosing whether to get behind the wheel after drinking?

Now, I'm not going to say we've all done it, because someone somewhere will write to say that they've never done it. But the truth is that most of us--me included--have driven while intoxicated. I'm not proud to say that, but it's honest. I'm just lucky that I never killed anyone nor harmed myself and that I realized a long time ago that driving after drinking is simply not an option. Some people, however, never seem to learn this, and Mr. Leeman is one of those people.

It turns out he had a prior DUI at the age of 17, and this is about where my thinking on the issue changes. Clearly, his first infraction didn't impact him in any meaningful way since he's a repeat offender (and how many times he re-offended without getting caught before the tragic events of Nov. 12 is anyone's guess). Given this horrifying detail, I concede that there is zero debate about prison time. He must be accountable and stand as an example for other people to recognize without any confusion.

What this particular story has elicited in me is a broader question of exactly what punishment for first offenders is harsh enough to both prevent recidivism and deter non-offenders? Everybody knows that drinking and driving is "wrong" and "bad" and "dangerous," not to mention illegal. MADD has been extremely effective in getting this message out. And yet, many otherwise good people choose to do it; amazing and incredibly smart people whom I love and admire do it. So how is it that the message from organizations like MADD does not compute?

On Oct. 13 at the Del Mar Fairgrounds, MADD will sponsor Strides for Change, a 5-kilometer walk aimed at raising awareness and raising funds for services (www.madd sandiego.org has more information). Along with providing support to victims of this violent crime--including the families of the drunken drivers themselves--and preventing underage drinking, the group's mission statement cites its intention to eradicate drunken driving. "We hope to make drunk driving the public-health equivalent of polio," Hodgkin told me. "I'm going to put myself out of a job."

This is a lofty goal, and I'm all for it. But it seems a little like abstinence-only education: Teach one way as the only one way and leave people lacking the tools with which to make informed decisions. People are going to drink alcohol, including people younger than 21. We already have laws to prevent this and still it continues.

I applaud MADD for its work and in no way wish to criticize its members too harshly. But perhaps the organization needs to take a closer look at what isn't working and re-vamp its continuing outreach to include teaching responsible drinking and decision-making. Then maybe more people--including the co-ed woo-hooers in my community--will avoid the tragic fates of Whitney Young and Eric Leeman.

San Diego California DUI criminal defense lawyer news

A 26-year-old Hutchinson man was arrested on suspicion of DUI / DWI /driving while impaired after he drove his vehicle into Bell Lake Friday night.

The Meeker County Sheriff’s Department received a 911 call at 9:39 p.m. that a vehicle was in the lake and someone was yelling for help. When deputies arrived, they found the man standing on the shore with no injuries. A fish house was damaged during the incident.

A DWI field sobriety test showed the man’s blood alcohol level was more than twice the legal limit. He was transported to Meeker County Jail where he was booked on Fourth Degree DWI charges.

San Diego Drunk Driving / California DUI criminal defense attorney news

A 33-year-old Pauma Valley man on Monday night allegedly fled police and crashed into a second vehicle, only to be taken into custody after being hit by a patrol car, authorities said.

The pursuit began at 9:22 p.m., when officers attempted to stop a BMW 335i because of several vehicle code violations, police Sgt. Keith Blackburn said.

The driver ---- later identified as Patrick Jackson ---- refused to stop, and led officers on a 70 mph chase through the downtown area, starting on Grand Avenue, Blackburn said. During the pursuit Jackson crashed into a second vehicle and continued on, he said.


Jackson finally stopped in the 100 block of Juniper Avenue and tried to take off on foot, but he ran into the path of an oncoming patrol car, breaking his leg in the collision, Blackburn said.

"Jackson said he fled because he didn't want to be arrested for DUI," the sergeant said.

Jackson was treated at Tri-City Medical Center and booked into the Vista jail on suspicion of driving under the influence, hit-and-run, evading and a parole hold.

San Diego California DUI / Drunk Driving Criminal Defense Attorney news

No Police Report Can Truly Capture My Love Of Drunk Driving (essay by DUI driver)

If you were to go by the public records alone, you'd get the wrong impression of me. You'd think that I was some kind of common lawbreaker who's had multiple run-ins with the authorities for operating motor vehicles under the influence of alcohol. You'd think I'm just some guy who goes out, gets plastered, stumbles to his car, and drives home like it's no big deal. Well, nothing could be further from the truth. No matter what the police reports say, I don't drive drunk. I love to drive drunk. I live to drive drunk. It's my passion.

Fact is, mere words could never describe the sheer exuberance I experience when I climb behind the wheel of the first car I find when I'm deeply intoxicated. Take this report, dated Oct. 31, 2003. It says they clocked me at 70 miles per hour in a residential zone on that chilly Halloween night. Well, from where I was sitting, it felt more like I was going 120, and it was awesome. I felt as free and full of life as those kids in their Frankenstein costumes.

It was one of those moments where it's you and two open roads, and you don't know which one to take, so you just let it all happen. Sure, I ran a few stop signs and clipped a few mirrors, but what good is paying for all that insurance if you never use it? The police may have gotten all the facts right, but where was the heart?

After they administered my Breathalyzer, they determined that I was drunk. They didn't need a test for that. When they came up to my window and asked me if I had been drinking, I said "Yes!" and pounded the steering wheel while howling at the moon to show them how alive I felt. And I meant it!

There are some emotions no police report could ever capture.

Oh yeah, how about July 2004, when they said I "failed to maintain lane position and crossed the yellow line before skidding along the guardrail to a complete standstill." Well, sure, that's the sterile way of saying it. What they didn't mention was the jolt of adrenaline that rushes through you as you wake up and see two bright headlights coming at you and you move at just the right moment, straddling that knife's edge between here and the hereafter. They also fail to mention how much I was cracking up when they finally got to me.

Or from May 2005: The report makes such a big deal over how I refused to take a field sobriety test, you'd think that I was Public Enemy No. 1. But why waste taxpayer money on proving that a man who just a minute earlier was singing, "I am so fucking drunk, and I love it!" to the tune of Twisted Sister's "We're Not Gonna Take It" is intoxicated? They had me recite the alphabet, and noted that I was unable to get beyond "G." Well, I didn't get to where I am today knowing what comes after G backwards. I got here by pounding three of anything over 60-proof and doing doughnuts in the state police headquarters parking lot.

They should have put down that the reason I was so mad was because they made me stop what was probably the best drive of my life. It was so invigorating! But instead they put it down as "attempted assault." No way. That police officer and I had a gentleman's disagreement over whether or not I would drive home. Nothing more. To insinuate otherwise is not only irresponsible, but fucking lame.

Report after report, it's all the same: "Subject was swerving this or striking oncoming that and was belligerent and uncooperative when pulled over." Taken together, all you get is a man who endangers people's lives and should have his license revoked. But even if you added up all seven to nine reports, you'd never get close to the sheer, unparalleled ecstasy of throwing MGD cans out the window of a speeding vehicle as the stars and police helicopters streak overhead. I hope the next time they pull me over, the police get it right, so I can actually remember the details of another fantastic ride, and, God willing, one day share them with my children.

Should I drive drunk again? No. Will I drive drunk again? Of course. When drunk driving gets in your blood, you just have to heed the call

San Diego drunk driving defense lawyer news

New wave of denials-of-entry of American tourists to Canada because of picayune legal troubles from the past. An excerpt about why:

While Canada officially has barred travelers convicted of criminal offenses for years, attorneys saypost-9/11 information-gathering, combined with a sweeping agreement between Canada and the United States to share data, has resulted in a spike in phone calls from concerned travelers.

They are shocked to hear that the sins of their youth might keep them out of Canada. But what they don't know is that this is just the beginning. Soon other nations will be able to look into your past when you want to travel there.

"It's completely ridiculous," say San Diego DUI defense attorneys.

A couple, who asked that their names not be used because they don't want their kids to know about the pot rap. "It's a disaster. I mean, who didn't smoke pot in the '70s?''

We're about to find out. And don't think you are in the clear if you never inhaled. Ever get nabbed for a DUI? How about shoplifting? Turn around. You aren't getting in.

"From the time that you turn 18, everything is in the system,'' says Lucy Perillo, whose Canada Border Crossing Service in Winnipeg, Manitoba, helps Americans get into the country.

dui

Randy Wilkinson is a commissioner in Polk County, Florida, just outside of Tampa. He was out late campaigning for re-election one night when he was pulled over by the police. Wilkinson admits he was a little tired, but says he had nothing to drink. However, an officer from the city of Lakeland Police Department gave him a field sobriety test.

Randy Wilkinson wasnt worried about taking a sobriety test since he had nothing to drink that night. What happened next came as a shock to Wilkinson who was arrested, handcuffed and taken to jail. A horrified Wilkinson couldn't believe it and immediately asked for a blood test. Back at the police station two blood alcohol content tests showed he had no alcohol in his system, yet the charges were not dropped. The next day he was paraded before the press. His arrest record and mug shot were even placed on an inmate website.

Randy tells INSIDE EDITION that the experience was just very degrading, humiliating. A week later, after drug tests came back negative, the prosecutor dropped the charges, but his mug shot is still posted.

INSIDE EDITION has learned that this was not an isolated incident. Just a few months earlier, the same police officer pulled over 19-year-old Robbie Stout. Even though he too had no alcohol or drugs in his system, just like in Wilkinson's case, the officer said he failed the sobriety test and Stout was arrested for DUI.

He puts the handcuffs on me and said you're under arrest for DUI, Stout remembers. I said are you kidding me.

At the police station, Stout also tested negative for alcohol. His drug tests also came back negative, but it still took several months and $2,500 in legal fees to get the charges dropped. Robbie Stouts mug shot is still on the sheriff's website

Lakeland police officials declined to do an on camera interview, but told INSIDE EDITION over the phone that their officers had done nothing wrong. But INSIDE EDITION has uncovered documents that suggest police in Lakeland are under tremendous pressure to make DUI arrests.

The memo says each Lakeland DUI officer should make ten arrests a month. Officials call it a "performance standard."

INSIDE EDITION also spoke with Tony Corrato, a former DUI officer for the Atlanta Police Department who has conducted thousands of DUI stops. Its a quota absolutely, says Corrato. He says police departments around the country are afraid if they dont meet quotas theyll lose federal funding.

INSIDE EDITIONs investigation has found that it's not just Lakeland, Florida where these incidents have happened. Our investigation found similar documents around the country showing police are under pressure to make DUI arrests.

Police departments wont admit they have quotas, every police department has quotas, Corrato tells INSIDE EDITION.

San Diego DUI criminal defense attorneys info

Facing the possibility of San Diego DUI arrests after visiting wineries, a group of local winemakers that has been asking officials for more than a year to ease restrictions on wine tasting rooms submitted another proposal to a county supervisor earlier this week, a representative for the growers said Friday.

Carolyn Harris from the Ramona Valley Winery Association that the group sent a revised version of their earlier recommendation to San Diego County Supervisor Dianne Jacob's office. The newest proposal includes added restrictions on wineries located on private roads, Harris said.

Winemakers have said that without tasting rooms where visitors can sample -- and hopefully purchase -- their products on site, vineyard owners aren't able to earn a profit from their crops.

Harris declined to provide the North County Times with a copy of the new proposal until after the county reviews it.

On Sept. 8, planning commissioners said they backed the idea of allowing wineries located on public roads to operate tasting rooms, but directed county planners to keep looking for solutions to ongoing resident concerns about wineries on private roads, according to county reports.

Some residents have voiced concerns that less stringent regulations could increase traffic on private roads, and that conflicts over liability issues could ensue. Others have opposed the new ordinance on the grounds that tasting rooms could lead to more San Diego DUI / drunk driving in the backcountry.

San Diego DUI criminal defense lawyers remind visitors to have a designated driver.

DUI / Drunk Driving lawyer news

Drivers ages 21 to 34 comprise a disproportionate share of fatal motor vehicle crashes in which at least one of the drivers was legally intoxicated (had a BAC of .08 or greater), according to data from the National Highway Traffic Safety Administration (NHTSA).

Although drivers ages 21 to 34 were involved in 31% of all fatal crashes in 2006, they were involved in 43% of all fatal crashes in which at least one driver was intoxicated.

On the other hand, drivers ages 45 or older were involved in 36% of all fatal crashes, but just 23% of drunk-driving fatal crashes.

These findings suggest that prevention efforts may be most effective if they focus on educating young adult drivers about the dangers of driving while intoxicated.

California DUI criminal defense attorney news

After this coming weekend new Nevada drunk driving laws will be in place and they're much tougher than the ones already on the books.

Sandy Heverly from Stop DUI says these laws work against drunk drivers and in favor of innocent victims. And being a victim herself, she knows how hard it is to find justice in tragedies involving drunk drivers.

"He hit the vehicle my family was in and my mom ultimately lost her life to the medical complications of the coming years and it was personal to me and I'm very pleased that there is some opportunity for the innocent victims in these crashes to pursue some civil liabilities," Heverly said.

Senate Bill 7, or the Social Host Bill, means people who sell or provide alcohol to minors face liability if something happens. Senate Bill 35 means witnesses in DUI offenses will be able to testify or submit affidavit via videotape for certain proceedings.

Under Assembly Bill 8 people who are arrested for DUI will have to stay in jail for 12 hours before being released.

San Diego DUI drunk driving criminal defense attorney news

A Polish Roman Catholic priest is facing a holy row after he was caught at the wheel following a drinking spree that left him 11 times over the limit, police said today.

"Father Antoni M., 54, had a blood-alcohol level of more than 2.2g per litre," Warsaw police spokeswoman Anna Kedzierzawska was quoted as saying by Poland's PAP news agency.

Officers arrested the priest in the early hours of this morning after spotting his car zigzagging through the centre of Warsaw.

San Diego California DUI criminal defense attorney news

Licenses returned to DUI suspects


State Patrol toxicology lab under fire over alcohol tests


The Olympian, Tri-city Herald

State examiners have reinstated 28 drivers' licenses — including two in Thurston County — in the past two weeks because they are convinced the Washington State Patrol's Toxicology Laboratory has lost some credibility in drunken driving cases.

The laboratory has been beset by internal problems this year, particularly in its methods for making sure 200 alcohol breath testing machines are working accurately.

The lab manager resigned in July when her supervisor said she had been signing certificates for a machine-testing mix she never personally checked.

And in August the agency revealed that a calculating error produced breath test results that were slightly higher than they should have been.

"There is more at stake in these proceedings than just a computer error. There are the cumulative issues which have been brought to my attention," wrote Department of Licensing examiner Josephine Townsend, dismissing a driver's license suspension.

The department is required to suspend the license of anyone arrested for drunken driving. Drivers can appeal the decision and be heard by one of 26 examiners employed by the department.

Bothell attorney Ted Vosk challenged three such suspensions after learning about the calculation error.

He questioned two state lab analysts before an examiner on Sept. 10. The analysts said that until the problem was discovered no one had been double-checking the computer results, they simply signed for them.

Vosk said certifying the final lab results without ever having double-checked computer figures is tantamount to verifying facts toxicologists didn't know to be true, a basis for perjury.

"We fully disagree with that," Washington State Patrol Capt. Jeff DeVere said. "Our contention is there was no intent to mislead."

Townsend dismissed 18 suspension cases because of the questions about the lab's work. Two other examiners, who also have access to the analysts' testimony, dismissed 10 other cases.

"I find that these issues erode my confidence in the quality of the scientific work performed and call into question the reliability of the breath test evidence presented before the problems were corrected," Townsend wrote.

Another hearing to gather testimony about the computer results issue will be scheduled, and patrol scientists will have another chance to explain the situation, according to the Department of Licensing.

"I think there's more information that could come forward that could shine some more light on the issue," DeVere said.

Few criminal drunken driving cases have been affected by the lab's internal problems so far.

The calculation error resulted in eight wrongful drunken driving charges or penalties out of 584 Spokane County cases involved, according to the patrol. And the lab manager's signatures so far have not produced rulings against the state, although attorneys have raised the credibility issue in some cases.

Court judges may take sobriety tests and other police observations into account, and state examiners may not, according to licensing department spokesman Brad Benfield.

He added that the license suspensions do not affect criminal charges, and a judge may still revoke driving privileges if someone is convicted of driving while intoxicated.

"Once you're convicted in criminal court, you're still subject to all the sanctions that go along with that," he said.

San Diego California drunk driving / DUI criminal defense lawyer news

Kiefer Sutherland likes to party and at times make all kinds of mistakes while doing so. The star of Fox's hit "24" has several photos floating around the World Wide Web and now with is latest California DUI, those photos have began to trickle back out. That's a good enough reason. Celebrity blog Celeb Slam has this:

Kiefer Sutherland Nude Partying Photos Resurface After Latest California DUI

"In the wake of the Kiefer Sutherland California DUI arrest, a strange thing has happened to celebrity gossip sites across the Internet. A bunch of us have informally banded together in a sort of grassroots campaign to spread the word about the dangers of drinking and driving . . . totally kidding, we’re all desperately trying to find the funniest pictures of Kiefer wasted."

They have several of those photos here. There the usual fare, Kiefer in a booth with his pants and underwear pulled down. Kiefer shirtless and rolling on the floor, and many more photos are on display of the man known by many as Jack Bauer. He may be off to jail, but that's still not clear.

He was charged with two misdemeanor California drunk driving counts and accused him of violating the terms of his probation in a 2004 California DUI, a move that could land the "24" star in jail for up to 18 months. Sutherland, 40, was charged with Californiadriving a vehicle under the influence and having a California blood alcohol level above the 0.08% state limit in connection with his arrest early Tuesday in Hollywood. City attorney's spokesman Nick Velasquez said Californiaprosecutors were also seeking to revoke Sutherland's probation stemming from the 2004 California DUI arrest.

California drunk driving criminal defense lawyer conviction news

California DUI convictions

October 01, 2007

» Jose Acevedo, 22, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Salvador Aranda, 47, First conviction, three years' formal probation, $2,323 fine, seven days in jail, first-offender drinking-driver program, driver's license restricted.

» Shaun Boatman, 25, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Oscar Carrillo, 37, Second conviction, five years' formal probation, $2,323 fine, 130 days in jail, second-offender drinking-driver program, driver's license restricted.

» Matthew Caution, 36, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Francisco Ceja, 31, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Oscar Colotzin, 24, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Ramon Contreras, 54, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Mauricio Cruz, 33, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Steven Domingo, 25, Second conviction, five years' formal probation, $2,323 fine, 10 days in jail, second-offender drinking-driver program, driver's license restricted.

» Hipolito Encarnacio, 39, First conviction, three years' formal probation, $2,323 fine, seven days in jail, first-offender drinking-driver program, driver's license restricted.

» Alfredo Gonzalez, 41, First conviction, three years' formal probation, $2,323 fine, seven days in jail, first-offender drinking-driver program, driver's license restricted.

» Pascual Gonzalez, 31, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Enrique Hernandez, 28, First conviction, three years' formal probation, $2,323 fine, seven days in jail, first-offender drinking-driver program, driver's license restricted.

» Nirth Hon, 41, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Bing Lin, 46, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Rafael Lopez, 21, First conviction, three years' formal probation, $2,323 fine, seven days in jail, first-offender drinking-driver program, driver's license restricted.

» Alexandria Maloney, 22, First conviction, three years' formal probation, $2,323 fine, seven days in jail, first-offender drinking-driver program, driver's license restricted.

» Jonathan Martinez, 20, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Julene McElvain, 46, Second conviction, five years' formal probation, $2,323 fine, 15 days in jail, second-offender drinking-driver program, driver's license restricted.

» Phillip McKinney, 24, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Joseph Munoz, 21, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Jesus Naranjo, 23, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Guadalupe Pech, 31, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Luis Perez, 21, First conviction, three years' formal probation, $2,323 fine, three days in jail, first-offender drinking-driver program, driver's license restricted.

» Luis Pineda-Perez, 36, First conviction, three years' formal probation, $2,323 fine, five days in jail, first-offender drinking-driver program, driver's license restricted.

» Miguel Rios, 21, First conviction, three years' formal probation, $2,323 fine, two days in jail, first-offender drinking-driver program, driver's license restricted.

» Juan Ventura, 31, First conviction, three years' formal probation, $2,323 fine, 20 days in jail, first-offender drinking-driver program, driver's license restricted.

» Yilia Zambrano, 53, Second conviction, five years' formal probation, $2,323 fine, 120 days in jail, second-offender drinking-driver program, driver's license restricted.

DUI / drunk driving criminal defense attorney news

Local law enforcement officials agree a felony charge for repeat, non-injury drunken drivers would help keep Colorado drivers safer.

Grand Junction Police Chief Bill Gardner said drunken driving is often at the root of some of the most preventable tragic accidents. He said any tool local law enforcement can muster to cut down on the number of intoxicated drivers on the road would be helpful.

“The ability to incarcerate someone who is clearly an alcohol addict who is not going to conform to the law, I think is reasonable,” Gardner said.

According to a 2003 report from the National Conference of State Legislatures, Colorado is one of seven states that do not consider repeat, non-injury drunken driving a felony offense.

Driving under the influence in Colorado only becomes a felony offense if the driver injures or kills someone.

Mesa County Sheriff Stan Hilkey said even though Colorado’s system of drunken driving offenses has held even repeat offenders accountable, having stiffer charging options would be a good thing.

“For some offenders … the consequences of a felony conviction might be very appropriate,” Hilkey said.

The issue of a felony DUI law surfaced last week when Lakewood resident Michael Graves, 34, said he plans to file ballot language to make repeat driving-under-the-influence offenders chargeable with a felony.

Graves, who already has proposed a statutory ballot measure to allow motorcycle lane sharing, said tougher laws against drunken driving could lower the likelihood that Coloradans would drive drunk.

“Maybe repeat-offender DUIs would be less prevalent if there was a (driving-while-intoxicated statute) added for a slightly higher (blood-alcohol content) that was a felony and subject to the three-strikes rule,” Graves said. “I have a real pet peeve about drunk drivers.”

Northglenn Police Department Chief Russ Van Houten said Colorado’s Interagency Task Force on Drunken Driving is considering a felony, non-injury DUI charge as a possible recommendation, but no decisions have been made.

Van Houten, who represents the Colorado Association of Chiefs of Police on the task force, said even if the panel’s recommendations for the 2008 legislative session have not yet emerged, there is a consensus that more tools are needed to confront drunken driving.

“I think both the chiefs and me as an individual believe that there is something missing in our current array of possible ramifications to getting a DUI or more,” Van Houten said. “So, that being said … whether felony DUI is the answer, I’m not sure.”

Mesa County District Attorney Pete Hautzinger said a repeat, non-injury felony DUI statute is an idea “worth pursuing,” but only if the law mandates a prison sentence.

Hautzinger said Colorado used to have a stronger habitual-traffic-offender statute that allowed prosecutors to try repeat DUI offenders as felons. He said the Legislature pared down the law in an attempt to save money several years ago.

“Even before the watering down of the habitual-traffic offender statute, the judges just refused to take it seriously and were often, quite frankly, irritated that we were taking those cases to trial, because it was deemed as being beneath their dignity,” Hautzinger said.

He said a clear legislative mandate would be needed to make a felony driving-under-the-influence charge work.