Archives

Even the blizzard warning didn’t keep people away from the MADD Colorado kick-off of the 2009 Walk Like MADD campaign at the Pepsi Center today. Denver’s 4th Annual Walk Like MADD event helps raise money and awareness to support MADD’s Campaign to Eliminate Drunk Driving, which calls for lifesaving alcohol ignition interlocks for all drunk drivers, sobriety checkpoints and/or saturation patrols, community support and the development and exploration of advanced technologies that will one day make a vehicle inoperable by a drunk driver.
read more…

Lawmakers in Harrisburg are trying again to change DUI laws so first-time offenders would have ignition-interlock devices installed in their vehicles.

Ignition-interlock devices require a driver to blow into an alcohol sensor when starting the car. If the device senses the driver’s blood-alcohol content is too high, the car won’t start.

State law says interlocks can be imposed after a second DUI, not a first conviction, according to state Rep. Paul Clymer, a Bucks County Republican who’s looking to amend the law.

Clymer submitted a bill March 19 that would allow ignition-interlock devices to be installed on a first DUI conviction. The bill has one Lancaster County co-sponsor, GOP state Rep. Tom Creighton of Rapho Township.

“I think when people have a drinking problem, they lose the ability to make rational decisions,” Creighton said Monday. “As a safeguard, this makes them jump through some hoops before they can drive.”

Clymer said he was inspired by a letter from a Quakertown High School student who asked for such legislation.

“I agree that installation of these devices has proven to be a relatively simple way of ensuring that those individuals who are convicted of drunk driving are prevented from repeating a potentially deadly mistake,” Clymer said in a news release. “Why are we waiting for these individuals to be convicted a second time to implement this precaution?”

A similar bill was introduced in January 2008, but because it was not passed by the end of the 2007-08 legislative session, the proposal had to be reintroduced.

The proposed change in the law has found a few supporters among Lancaster County law-enforcement officials.

“I’m for anything that is a deterrent for drunk driving,” Lancaster city police Chief Keith Sadler said last week. “Your average Joe Citizen that didn’t have any brush-ups with the law can have one night (when he) had too much to drink … . There’s been too many accident deaths from that type of behavior.”

Manheim Township police Sgt. Tom Rudzinski agreed.

“Anything that could improve safety of the highways is always a good thing,” Rudzinski said.

How frequently ignition interlock devices are used in Lancaster County is unclear. District Attorney Craig Stedman was not available for comment Monday.

With only 22 co-sponsors in the 203-member state House, the bill’s future is uncertain. It is now in the hands of the House Transportation Committee.

Clymer’s proposal would make the cost of purchasing and installing a device the responsibility of the DUI offender.

Source

Miami-Dade Circuit judge refuses bail of drunk truck driver who killed two.

Miami, FL (JusticeNewsFlash.com)–Thomas D. Cypress, the 54 year-old brother of Miccosukee Indian tribe Chairman Billy Cypress and a former Everglades airboat driver, was ordered to stay behind bars by a Miami judge on Thursday for two driving under the influence (DUI) manslaughter charges. As reported by the Miami Herald, the court ruling, by the judge, came after prosecuting attorneys argued a strong case. Miami-Dade County District Attorneys cited Cypress’ blood alcohol level was three times the legal limit when he plowed his pickup truck into the motor vehicle of two retired school teachers from Maryland on Tamiami Trail. The crash killed the Maryland couple.

Cypress’ criminal lawyer had requested he be released to a substance abuse treatment center which is culturally sensitive to Native Americans. The judge refused because none of the proposed treatment centers were locked facilities. Prosecuting attorneys presented Cypress’ prior driving history. Cypress was on a Broward County, Florida bond and awaiting trial for a July DUI arrest, in Davie, when he wrecked his pickup truck killing the innocent driver and passenger. Cypress had been arrested twice before the Broward County bond for DUI in 2004 and 1997.

Source

Have you been accused of Florida DUI?

BOZEMAN, Mont. (AP) — Miss Montana Jennifer Hepner has been charged with driving under the influence and has been suspended from her duties with the pageant.

The 23-year-old University of Montana graduate student had been pulled over Jan. 3 and refused to submit to alcohol screening, breath or blood tests. Her license was seized and suspended.

The Bozeman Daily Chronicle reported Wednesday that Hepner has pleaded not guilty. She is also fighting the license suspension.

Her lawyer says her requests to speak with an attorney during the traffic stop were denied.

The lawyer says Hepner was allowed to participate in the Miss America pageant Jan. 24, but her Miss Montana duties were suspended Feb. 16.

The Miss America Organization says Hepner will retain her tiara until the next Miss Montana is crowned June 20.

Source

Find a Montana DUI Lawyer.

A judge dropped charges in a DUI case after a police officer’s report didn’t match video from the squad car camera.

On July 7, 2008, a Chicago Police Department squad car camera captured video of a traffic stop on Lake Shore Drive. The driver of the vehicle, Raymond Bell, was arrested for allegedly driving under the influence, going over the speed limit and negligent driving.

In December, the Cook County state’s attorney turned over police surveillance video in the incident, according to Bell’s attorney, Gregory Reeder. The DUI charges were dropped.

“I think he had an overzealous officer who was looking for a DUI arrest,” said Gregory Reeder, attorney for Raymond Bell.

The video did not match up with Officer Parker’s notes, which were given to ABC7 by Reeder. In the report, Officer Parker wrote, there were “numerous clues of impairment.” However, in the video, Bell appears to cooperate with several tests for intoxication, including one where he does the walk and turn testing- walking a straight line and turning around. In the Illinois Department of Transportation DWI student manual, the clues of intoxication include: stops while walking, does not touch heel to toe, or steps off the line.

“He doesn’t turn incorrectly. He walks the correct number of steps and he’s speaking with the officer throughout the entire video,” said Reeder.

During the tests, Bell also stands on one leg. The clues to intoxication in that test include swaying, arms moving and hopping. Bell also appears to clarify the instructions and then proceeds to hold one leg up.
<p”I believe it’s approximately 50 seconds (that) he’s holding his foot up the entire time, even when he doesn’t understand, he puts his foot back up. He asks him the question then proceeds to count,” said Reeder. “Officers are already given the benefit of the doubt. They are out there to serve and protect, and the vast majority of officers do that. There are exceptions to every rule and this is definitely exceptional.”

Sources told ABC7 the officer’s cases were repeatedly coming to court without enough evidence. An internal investigation was launched.

Bell did not want to talk on camera, but according to his attorneys he is relieved the case is over- but upset about the night.

Police release statement

Following ABC7′s report, the Chicago DUI Police Department released this statement: The matter involving Joe Parker is currently under investigation by the Chicago Police Department. AT this time, Parker has been placed on desk duty and relieved of his police powers. The Department will work with the State’s Attorney to ensure that videos available for investigative purposes from in-car cameras are properly and timely used for criminal prosecutions. The Department is also reviewing internal procedures and training to ensure that department members are following proper procedures and protocols in their interactions with the public.

Source

Salinas police plan a sobriety checkpoint and saturation patrols, said Sgt. John Lynn of the Salinas Police Dept., coordinator of Avoid the 18, the cooperative law enforcement DUI crackdown.

Marina Lieutenant Thomas Melendy is sending out a DUI unit on Tuesday. “We will also be directing the beat units to make frequent stops at local bars to discourage heavy drinking,” he said.

The California Office of Traffic Safety funds Avoid the 18 and 40 other similar campaigns up and down the state through the National Highway Traffic Safety Administration.

“Law enforcement is working hard in reversing the trend of increased alcohol-related traffic fatalities,” said OTS Director Christopher J. Murphy. “Through aggressive DUI enforcement and greater vigilance on the part of the public by calling 9-1-1 when they see a drunk driver, we’re getting these dangerous drivers off the road.”

Source

Find a California DUI Lawyer in Monterey County.

Arizona Athlete arrested on suspicion of extreme Arizona DUI

Former UA quarterback Willie Tuitama was arrested Saturday on an extreme DUI charge, police said today.

The University of Arizona senior, 21, was pulled over in the area of North Campbell Avenue and East Hedrick Drive at 2:20 a.m., said Officer Chuck Rydzak, a Tucson Police Department spokesman. The sergeant who pulled over Tuitama was flagged down by McDonald’s employees near Campbell and East Fort Lowell Road, Rydzak said. The employees said there was a person who was possibly intoxicated in the drive thru.

At that time, the sergeant saw a Dodge Magnum pull out and head south on Campbell Avenue, Rydzak said.

The driver — later determined to be Tuitama — stopped at a red light and began making a right turn but stopped and turned the wheel to go straight, running through the red light, he said.
During the stop, there was evidence to indicate that a DUI investigation was necessary, Rydzak said, though he wouldn’t identify that evidence.

As a result, Tuitama was arrested on suspicion of Arizona DUI and Arizona extreme DUI. He had a passenger, but that person wasn’t accused of wrongdoing.

Tuitama was cited and released, and his car was impounded.

The Stockton, Calif., native was arrested two years ago on a charge of being a minor in possession of alcohol — he was 20 years old at the time.

In that incident Tuitama admitted to drinking and driving before he was contacted by University of Arizona police. He handed over two bottles of alcohol, Arizona Daily Star archives show.

He completed a diversion program and was not disciplined by the team.
Tuitama’s arrest comes at a particularly bad time as he is expected to compete in front of NFL scouts Saturday on campus at the UA; a solid showing could boost his draft stock.
Tuitama threw for a school record 9,216 yards and 67 touchdowns during four seasons as the Wildcats’ starter.

He left Tucson in January to train at Competitive Edge Sports, a training facility situated outside Atlanta.
He spent more than a month there before returning to town. He was not invited to the NFL Combine, putting an even greater emphasis on his on-campus drills.

Scouts view Tuitama, a 6-foot-3-inch, 220-pounder, as a late-round pick or free-agent signee.
Tuitama was last enrolled at the UA in the fall 2008 semester. He promised his parents, Lui and Nancy, that he will earn his degree. He is a semester away from graduating.

Check back for any Athlete DUI News.

Nevada DUI Lawmakers

Legislators were urged Monday to tighten Nevada laws to ensure that people convicted of drunken driving in urban areas attend meetings with victims or family or close friends of DUI victims.

Assembly Judiciary members were told the victim-impact sessions must be part of the process, along with fines, possible jail time and other penalties, that drunken drivers undergo so that they don’t continue to drink and drive.

Sandy Heverly of Las Vegas-based STOP DUI said AB209 makes clear that people attend the victim-impact sessions rather than be allowed by judges to watch an online video aimed at stopping drunken driving.

Heverly said the in-person sessions keep most people from repeat DUI offenses, while the online video approach “bastardizes the purpose and concept” of the victim-impact meetings. She also said the videos are “a way to make a quick buck with total disregard for the outcome.”

North Las Vegas DUI Law

North Las Vegas Justice of the Peace Stephen Dahl opposed AB209, saying he supports the victim-impact sessions but judges should have an option in such cases rather than be locked into an “in person or nothing” requirement.

Dahl also said he heard of instances in which people were turned away from the panels because they were too crowded, and were told to show up five hours early for the next such session—held monthly—and wait in line. But Heverly said people were only turned away once, during stormy weather in December.

Zachary Larson of LRS Systems, contacted by rural judges to create an online program to meet the victim-impact requirement, said Heverly was off base to say his company was trying to make a “quick buck.”

Larson said the videos are “a very small part” of what LRS Systems does, and any money generated by the online programs goes to victims.

Assemblyman Mark Manendo, D-Las Vegas, told Judiciary Committee members that he was agreeable to an amendment ensuring that judges retain the option of letting people convicted of DUIs skip a victim-impact session if one isn’t available within 60 miles of their homes.

Dahl said that flexibility is important because someone traveling, for example, from Ely to Battle Mountain to attend one of the sessions would have a round-trip drive of more than 400 miles.

Proposed Nevada DUI Law Changes

The committee also reviewed AB210, which requires someone arrested for first-offense drunken driving to go through an alcoholism evaluation if the person’s blood-alcohol level was 0.15 or higher. That’s nearly double Nevada’s 0.08 blood-alcohol limit in DUI cases.

The bill also lowers from 0.18 to 0.15 the alcohol concentration level in state law that requires a person to serve a sentence rather than go through a treatment program for a first-offense DUI.

You know, good Las Vegas DUI lawyers are going to get more important as time goes by. Nevada DUI Laws are getting stricter and aren’t going to stop.

From the Denver Police Department Operations Manual:

205.07.  Violations by Colorado Legislators.

(1)   Pursuant to Article 5, section 16 of the Colorado Constitution, no member of the Colorado General Assembly may be arrested while in route to or from legislative sessions, except for treason or felony violations..

(4)  In the absence of felony violations, should an officer have reason to believe a legislator is driving under the influence, the officer may cite for a violation which caused an accident or was the reason for a traffic stop.  For the safety and welfare of the public and the legislator, the officer will arrange for other transportation for the legislator and his/her vehicle will be parked and locked

So….It’s ok for a politician to drive falling-down drunk on his way to work or back home.
Source

On March 2, 2009, the Georgia Court of Appeals issued a new Georgia DUI opinion reversing the granting of a general demurrer. The court explained that, based on the wording of the charging documents, there could not be any confusion as to what the Defendant was charged with despite the fact that the prosecutor forgot to include the relevant statute.

The case is State of Georgia v. King.

Court’s synopsis:

Jonathan King was charged with driving under the influence of alcohol to the extent that it was less safe to do so (“DUI less safe”)and driving with an unlawful alcohol concentration (“DUI per se”). During the trial, the State Court of DeKalb County granted King’s oral motion for general demurrer as to the DUI per se count. The State appeals, contending that the trial court erred in concluding that the accusation was fatally defective because the State failed to include therein essential words from the relevant statute. We agree and reverse.

Court’s analysis:

Thus, an accusation will survive a general demurrer if it charges an accused with having committed certain acts in violation of a specific criminal statute, notwithstanding the omission of an essential element of the crime.

Here, the DUI per se accusation alleges that King “was in actual physical control of a moving vehicle on Piedmont Road with an alcohol concentration of 0.08 grams or more within three hours after being in actual physical control ended [sic], in violation of OCGA § 40-6-391….” OCGA § 40-6-391(a)(5) provides that “a person shall not drive or be in actual physical control of any moving vehicle while … the person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended.”

Court’s conclusion:

Although the accusation did not specifically allege that King’s alcohol concentration resulted from alcohol consumed before his driving ended, the accusation was not defective because it alleged that King violated OCGA § 40-6-391 and it was titled “Driving Under the Influence of Alcohol (Per Se).” Thus, there could be no confusion over the crime King was charged with. Under these circumstances, the trial court erred in sustaining King’s general demurrer regarding the DUI per se charge.

Source