Drunk Driving DUI Law

An arrest report says a Sullivan County deputy had to be placed in a K-9 cage after he became belligerent during a DUI arrest.

The Kingsport Times-News reports 47-year-old Samuel Monroe Bledsoe was fired from the sheriff’s office on Monday following an internal investigation of the incident.

The Tennessee State Highway patrol report says Trooper David Osborne arrested Bledsoe on Friday after a Tennessee Department of Transportation HELP truck driver called to report a driver who was “vomiting on himself and seemed very intoxicated.”

Osborne said he had to explain one field sobriety test 18 times to Bledsoe. He performed poorly.

Bledsoe repeatedly identified himself as a Sullivan County deputy and asked to be taken home. Troopers told him they couldn’t do that.

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The Arizona Legislature is hard at work this year trying to make Arizona DUI Law, which is already the nation’s most punitive, a little tougher. This is the first in a series of articles examining the proposed legislation and discussing how it will impact the prosecution and defense of drunk driving in Arizona.

One thing is certain, Arizona DUI law is already mind-blowing in the amount of jail time imposed when compared to every other state in the country. For example, a first time offender must be sentenced to a 45 day jail sentence if their alcohol level is 0.20 percent or higher. Some states still don’t mandate any jail time at all for the identical offense.

In the latest legislation, Arizona Senate Bill 1069 will do several things. Most of the bill will be addressed in future articles. For the purpose of this article, we will look only at the impact the law would have on people with DUI convictions.

A little background first. In Arizona, every DUI conviction results in the the requirement of an ignition interlock device, which is a breath test machine attached to the ignition of a vehicle. The device contains a sensor that detects breath alcohol. If alcohol is present, the device prevents the vehicle from starting.

Opponents of ignition interlocks argue that it is hard to police, and the a lot of people drive without them. Right now, it is a crime to drive without one if you are ordered to have one in Arizona. However, under the new law, it would make it very risky to try.

Should 1069 become law, any person who is convicted of DUI or who refuses to submit to a blood alcohol test while they are required to have an interlock device installed will have to serve a minimum sentence of 4 months in jail.

“The danger of this law is that it’s a lot easier to allege that a person refused to take a chemical test than it is to convict them of DUI,” said Arizona DUI Attorney Stewart Bergman. “At the very least, it opens the door to potential abuses. For example, there are many cases where it’s not so clear that a person is refusing to take a test. There are medical reasons that might look like the person is not cooperating when they are, in reality, physically incapable of providing a sample. Other people just don’t understand their rights.”

Other DUI defense lawyers agree. It puts a lot of power into the officer’s hands. Allege that the person refuses, and they have an uphill battle to avoid 4 months in jail.

The law will effect everybody required to have an interlock device, even underage persons.

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In the near half-century that Win Smith has been a Rotarian, he’s always been most proud of that organization’s willingness to take the lead on issues important to the community.

And now Smith hopes the club is willing to take on another major challenge.

Smith presided over a packed house at the weekly Hamilton Rotary meeting as county and state officials talked about the need to change a long-held mind-set and the laws that govern driving drunk in Montana.

“We’re in the midst of a terrible situation in this state,” Smith said. “I don’t believe that there’s a single Rotarian here who wouldn’t do whatever they can to help save lives by working to keep drunk drivers off the road.”

“This is not a once-in-a-while thing,” Ravalli County Sheriff Chris Hoffman said. “We’re dealing with these on a daily basis.”

There’s need for a grass-roots effort from people across the state to work together toward changing a mind-set that drinking and driving is acceptable, Montana Highway Patrol Capt. Tom Hamilton told the group.

People need to voice their support for tougher laws to their legislators. And, just as important, Montanans need to look each other in the eye and not be afraid to tell their family members, neighbors and friends that they are ashamed when those folks get behind the wheel and drive drunk, Hamilton said.

“It’s a societal problem,” he said. “We need groups like the Rotary and the Kiwanis to take an interest and let their voices be heard.”

***

Every year, about 230 people lose their lives on Montana’s highways, Hamilton said. About 90 of those deaths are alcohol-related.

“It’s becoming clear to all that we need some change in our driving-under-the-influence legislation,” said Ravalli County Attorney George Corn. “There’s not going to be one silver bullet. We’re not going to be able to pass one law and fix this problem.”

To make a change that matters will require a comprehensive approach that includes better education, more access to rehabilitation programs and tougher deterrents, Corn said.

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Jury awards ex-Stripper $100K for DUI wreck

BIRMINGHAM, Ala. (AP) – A Jefferson County jury has awarded a former stripper $100,000 in a lawsuit in which she claimed the club that employed her failed to stop her from driving home after her on-the-job drinking. Patsy Hamaker of Bessemer was injured in a wreck after leaving work at The Furnace on Oct. 17, 2007. She said she can no longer dance because of her injuries.

Hamaker said the club disregarded its own safety rules when it let her drive home that night. Attorneys for the club argued that employees tried to keep Hamaker from driving away.

The Birmingham News reported that the jury award made Tuesday is for compensatory damages. No punitive damages were awarded.

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With Super Bowl Sunday right around the corner, police everywhere are setting up to catch drunk drivers, but in actuality will mainly be pestering the innocent. Because of this, I offer this post as a fair warning.

Remember, police cannot setup a DUI or sobriety Checkpoint unannounced so check your local news if you intend to avoid the bother. Some found on Google News Include:

• Lake Tahoe, NV Checkpoint
• Buffalo Grove Checkpoint
• Denver DUI Checkpoints

Have a Great SBS and GO SAINTS!

Police officers in the Tucson Police Department received a large state grant in order to better enforce DUI laws in the coming year.

The funds will be allocated to enforcement of existing traffic laws through selective enforcement efforts, often called saturation patrols. Part of this enforcement includes a DUI checkpoint scheduled in the area this Friday.

DUI checkpoints cost a lot of money to put on. The roads must be closed down and secured. In addition, officers at a checkpoint are often paid overtime due to the high number of officers required to run the checkpoint effectively. Though the cost is high, most police departments expect to make the money back through citations.

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A Virginia legislative committee will take a hard look Monday at tightening more than a dozen DUI laws currently in place.

A House committee is looking a package of bills that would change a number of laws, including the use of ignition interlocks on cars for anyone convicted of drunk driving.

“Right now, to get one of those devices, you either have to be a ’super’ drunk driver, a person driving two or more times the legal limit or a second (time) or more convicted drunk driver,” says Kurt Erickson, president of Washington Regional Alcohol Program.

State lawmakers will consider impounding the car of anyone caught driving on a DUI-suspended license.

The state also wants law enforcement to collect and report data on the last place a person had a drink before being arrested.

“It might be a cry for more [restaurant] server training or some time of intervention to make sure that stops from happening,” says Erickson.

The committee also will look to strengthen underage drinking laws.

If you have already been charged with a DUI in VA you will want to hire an attorney. A lawyer specializing in Virginia DUI’s will get you the least possible penalties.

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A city attorney in Missoula is requesting that all DUI trials be held before a jury in an attempt to get stiffer sentences.

Jim Nugent recently made the request amid concerns some people accused of drunken driving were waiving their right to a jury trial in hopes of getting a lighter sentence from a judge.

And prosecutor Andrew Scott says a recent jury trial resulted in the most substantial sentence he’s seen in a drunken driving case.

Officials say tolerance for drunk drivers in Missoula is decreasing following a year high-profile drinking and driving cases and deaths.

This would indeed make Montana DUI charges all the more serious.

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A DUI suspect who is accused of crashing a Lexus into a block wall told Mesa police he knew he wasn’t supposed to be driving on a suspended license, but that he wanted to test drive the uninsured car because he was thinking of buying it.

The suspect, 37, of Gilbert, was found a block and a half away from the scene of the crash.

He initially admitted that he had been driving the vehicle and had drunk at least three beers, but he then became uncooperative.

Police said the Lexus struck a block wall in the 1000 block of East Vine Avenue Saturday night and fled. The homeowner was able to follow it, and flagged police down in the 1100 block of East Sixth Avenue, about a block and a half away.

The victim saw the driver get out of the passenger side of the car because the driver-side door was too damaged to open.

He, who according to police reports has an extensive court record, admitted to driving the vehicle into the brick wall. As police continued to ask the suspect questions, he became extremely belligerent and was unable to stand still without heavily swaying, police said.

Police later found that the suspects’ license had been revoked and had an outstanding warrant for felony escape, authorities said.

He was booked on aggravated DUI and leaving the scene of an accident.

If you have been accused of a drunk driving offense in Arizona contact an Arizona Attorney today to schedule a free consultation.

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Former USC linebacker Rey Maualuga, coming off his rookie season with the Cincinnati Bengals, has been arrested on drunk driving charges in northern Kentucky.

Maualuga was arrested at 3:11 a.m. EST today and charged with operating a vehicle under the influence and with careless driving, according to Kenton County Jail records.

According to the Associated Press, Maualuga, 23, was being held without bond and no attorney was listed for him.

A second-round pick last April, Maualuga started the first 15 games for the Bengals before suffering a broken ankle that ended his season.

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