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A DUI charge against a Mobile, AL DUI lawyer has been dropped due to lack of evidence.

The prosecution was stymied by the defendant’s refusal to take a Breathalyzer test when he was pulled over Dec. 6. He spent a night in the Mobile County Metro Jail and, because he would not take the Breathalyzer, had his driving license suspended for 90 days, in accordance with Alabama law.

His attorney, Richard Alexander, said, “A seasoned prosecutor looked at this thing and made a decision that he was not going to be able to prove the case.”The Mobile DUI Lawyer himself has been quoted in the Press-Register as saying he advises his clients in Alabama DUI cases not to take Breathalyzers.

The prosecution said the threat of not being able to drive in response to refusing a Breathlayzer might carry more weight if state law required a suspension for six months or longer.

“If they refuse to take the test — and DUI lawyers know it best — it makes it difficult to win the case,” Mobile County Sheriff Sam Cochran said Thursday.

This was the second DUI charge dropped against the lawyer who specializes in DUI law. His initial Alabama DUI charge came in 2001. The case was dropped provided he didn’t get another DUI within six months.

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Have you been accused of an Alabama DUI?

Whether you refused your breath test or not, when you are accused of an Alabama DUI you’ll need a DUI lawyer specializing in AL DUI law to represent you. Every DUI case is unique and you will need to go over every detail of your DUI case with your chosen Alabama DUI lawyer. Otherwise, expect to receive the stiffest penalties the state of Alabama has to offer.

As you can see, this man who happends to be a DUI lawyer refused his breath test and was able to avoid a conviction, but not a 90 day license suspension. Just a thought.

Marcus Vick, brother of suspended Falcons quarterback Michael Vick, will return to court over allegations he violated conditions of his drunken-driving sentence.

A hearing is scheduled for Aug. 5 on whether to revoke Vick’s suspended sentence, which could land him in jail, according to the Virginian-Pilot.

He is accused of not complying with provisions of an alcohol safety and awareness program. Vick pleaded guilty in October to driving drunk, eluding a police officer and driving on the wrong side of the road.

A judge suspended a one-year jail sentence, fined Vick $530 and took away his driver’s license for a year. Marcus Vick was released by the Miami Dolphins in 2007.

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Dwayne beach was just a teenager when he died in a car crash on a Stafford County road. His family’s grief will not go away.

And so far, neither have the legal troubles of the young man who was behind the wheel that night. The driver– then 17-year-old Arkee Hall was found guilty of improper driving in juvenile court.

Dwayne’s mom’s grief was still fresh when 15 months after her son died, Hall was behind the wheel for a second fatal accident. This time another passenger– Jeremiah Poyck– died.

In that case, Hall was found guilty of manslaughter and DUI. The judge ordered him not to drive for 20 years. He served his jail time, but just three weeks after his probation ended, he was arrested for DUI in Spotsylvania County. He pled guilty to that, and very early on New Year’s Day of this year, Hall was pulled over again– this time a DUI charge in Florida.

In court on Friday, Commonwealth’s attorney Dan Chichester told the judge:

“There comes a time with some people when the court has done all it can do and I would suggest we have reached that time with Arkee Hall.”

Hall’s mother had nothing to say leaving court on Friday, but Dwayne Beach’s family had a lot to say about the fact that Judge John Alderman is requiring Hall to serve only four years of the eight he could have served for violating his probation.

“I don’t understand the system, and I don’t understand judges that can’t take a look at the record and say, ‘Young man, you’ve got a problem. You’ve got to straighten your life up,’” said Mary Garnder. “I am very disappointed.”

Marcel Jones is Arkee Hall’s lawyer.

“Does he carry this around? Is it a burden to him that he was behind the wheel in two deadly accidents? Like you said, regardless of the legal aspect, he does feel some sort of pressure to a certain extent that two individuals died where he was present,” said Jones.

Arkee Hall will spend at least four more years in jail. When he’s released, he’ll be about 28 years old.

Hall still has one case that hasn’t made it all the way through the court system. That’s the DUI in Florida, and there’s no outcome yet for that case.

More Florida DUI News.

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A Chandler police detective faces jail time after pleading guilty to a DUI charge today in Gilbert Municipal Court.

Richard Garcia, 36, a property crimes detective at the Chandler Police Department, was pulled over while off duty on Oct. 25 near Ray Road and the San Tan Freeway. He had a blood-alcohol level of .088, just above the legal limit of .08.

“This is not the behavior that is expected from a police officer,” Assistant Chief Dave Neuman said in response to inquiries from The Arizona Republic. “Officer Garcia now faces the consequences of his actions both criminally and administratively. The internal investigation is being completed and if sustained, the disciplinary action ranges from suspension to termination.”

After the plea, Garcia was sentenced to 10 days in jail, with nine days dependent upon his completion of substance abuse counseling and 60 days of unsupervised probation. He must also pay $1,879 in fees and fines and participate in a two-hour Mothers Against Drunk Driving victim panel presentation. He has been reassigned to desk duty while the police department completes an internal investigation.

The severity of the reprimand depends on the officer’s prior disciplinary actions and the specific circumstances surrounding the violations, said Detective David Ramer, a Chandler police spokesman. The investigation was opened on Oct. 28 and is expected to be completed in the coming weeks, he said.

Garcia, a 15-year veteran of the force, was initially allowed to remain in the property crimes division, though he was barred from using a city vehicle. After pleading guilty Wednesday, he was reassigned until the final review of the internal investigation and the legal review of his driving restrictions is completed, Neuman said in his statement.

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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.

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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.

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The Washington State Supreme Court said Thursday that the only survivor of a car crash that killed six people in 2001 should not have been convicted as an accomplice to drunken driving.

Teresa Hedlund, who was seriously injured in the one-car wreck on July 21, 2001, near the SuperMall in Auburn, was convicted in 2003. She was 28 at the time of the crash.

In a 5-4 ruling released Thursday, the high court upheld an earlier ruling by the state Court of Appeals, which said state law does not allow a victim of a DUI also to be charged as an accomplice.

The Supreme Court also reversed Hedlund’s convictions for furnishing alcohol and tobacco to a minor. The high court agreed that those charges should have been tried separately and evidence allowed at the trial on the DUI charge was prejudicial to Hedlund.

A four-year legal battle over a DUI defendant’s right to examine the computer code inside the breathalyzer machines used in Florida resulted in a series of rulings in January that could prevent prosecutors in Manatee and Sarasota counties from using alcohol breath tests as evidence.

Whether the rulings will stand remains a question. Prosecutors are expected to appeal once the written orders are filed. Until the legal battle over the computer code is over, the Intoxilyzer will still be used by law enforcement officers across Florida.

If the rulings stand, prosecutors will depend on the testimony of the arresting officers. Observations of slurred speech, the smell of alcohol on the driver’s breath and field sobriety tests already contribute to securing DUI convictions, but the inability to use the breathalyzer test results could mean that charges may be dismissed or reduced more easily than before.

The real goal according to Venice defense attorney Robert Harrison is not to rule out the use of breathalyzer machines. It is to protect the community from machines that do not work properly. The manufacturer of the Intoxilyzer machines used in Florida refuses to release their code. Judge Doug Henderson of Manatee County justifies his ruling to throw out breath test results. He says that this is the only crime where a machine determines guilt or innocence. Until the computer code can be validated accurate, he isn’t ready to convict defendants on that machine’s evidence.

That’s why, prosecutors say, Ortiz — though drunk — headed eastbound on State Road 528 from his Longwood home, prompting at least three drivers to call police as he sped, tailgated and weaved through traffic, passing cars by driving in the emergency breakdown lane.

As the last call was taking place, authorities say Ortiz swerved one last time, barreling toward a black Nissan parked on the shoulder.

Ortiz braked 50 feet before impact, but that wasn’t enough to stop his white pickup truck from hurtling into the back of the Nissan at 77 mph, prosecutors said.

Alexis Rodriguez, 33, his wife, Jacqueline Dieppa, 33, and their 2-year-old son, Nayib Suarez, were killed instantly in the July 1, 2007, crash.

“The car exploded — not fire — but it disintegrated practically,” testified Kenneth James, an Orlando man who stopped to help after witnessing the crash. “Pieces just flew everywhere. … Where the bumper would have been was smashed up against the front seats. You couldn’t see the back seat.”

James was one of at least a half-dozen witnesses who testified Tuesday, the first day of trial for 31-year-old Ortiz.

Ortiz — who prosecutors say had a blood-alcohol level of 0.176, more than twice the legal limit — is charged with three counts of DUI manslaughter, a second-degree felony punishable by up to 15 years in prison per count.

Ortiz’s attorney, Kurt Russell, did not give an opening statement, and declined to reveal his strategy when approached by a reporter.

Prosecutors said the Orlando family had parked just before noon to wait for other relatives to catch up.

Paramedic Christina Hartmann broke into tears, as she described the frantic search for Nayib, whose bloody body she eventually found beneath the wreckage, wedged between the driver’s seat and what used to be the car’s back seat.

The family’s dog, Crispy, survived the wreck with a broken leg, she said, but prosecutors said the dog later died of its injuries.

The couple’s daughter, then 7, was riding in a different car.

James testified that he found Ortiz slumped onto the passenger seat and a liquor bottle on the floorboard when he approached the truck.

Lt. Jeff Hudson, a Florida Fish and Wildlife officer who stopped when he saw the wreck, said Ortiz asked him to “arrest me. Take me to jail. I deserve it.”

Jacqueline Dieppa’s mother, Caridad Gomez; uncle, Francisco Gomez; and 19-year-old son, Leonardo Riveron, said they’d like that.

“We want him to pay for what he did,” Francisco Gomez said.

Hire a Florida DUI lawyer if you have been accused of drunk driving in Florida.

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Tuesday night’s snowstorm turned out to be perfect Chicago Bears weather for former quarterback Robert Avellini, whose 2007 drunken driving charge was dismissed Wednesday because a former Wheaton police officer was unable to fly in from Florida to testify.

Noting the case had been set for trial seven previous times, DuPage Judge Ronald Sutter dismissed the charge against Avellini, 54, of Roselle.

The dismissed charge was the fourth time that Avellini, a Bears quarterback from 1975 to 1984, had been charged with DUI in DuPage County. He was convicted once and had charges dismissed two other times.

Wheaton city prosecutor Peter Baroni told Sutter that the arresting officer had moved within the last year and was now a Tampa Bay-area police officer. He asked for a continuance because the officer could not fly back Tuesday night as planned, but Sutter denied it.

Richard Kayne, defense attorney, said Avellini will be allowed to remove the device from his vehicle that forced him to breathe into a breath analyzer every 20 minutes in order to drive. That device was ordered by a different judge.

In 2002, Avellini was convicted of drunken driving on Interstate Highway 55 near Burr Ridge, ordered to perform 50 hours of community service and fined $750. He later was acquitted of DUI charges in Wood Dale and Downers Grove.

Avellini was stopped at 12:23 a.m. June 15, 2007, in downtown Wheaton after disobeying a flashing red light, police said. The police report said his eyes were bloodshot and glassy, and he had droopy eyelids, slurred speech, poor balance and a strong odor of alcohol on his breath.

Baroni said he would seek to refile the charges.