MADD pushes for mandatory ignition interlocks for West Virginia DWI/DUI

Bluefield, WV

"Last year, drunk drivers killed 129 people in West Virginia..."

...and 460 West Virginians were killed by drug overdoses last year. Overdose has become the leading cause of death for adults younger than 45 in West Virginia — more than car wrecks, heart attacks or cancer. It has the highest drug overdose death rate in the country.

There must not be enough money in preventing drug overdoses to interest MADD.

A proposed change in West Virginia’s drunken driving laws that would enhance safety measures while also alleviating jail costs for counties appears to be a win-win situation for all.

The revision would toughen penalties on motorists with a blood alcohol content of .15 or higher by making the crime “aggravated DUI” and requiring Interlocks on their vehicles. An Interlock system prevents ignitions from starting if the driver has ingested any alcohol. The crime would also carry a mandatory jail term of two days to six months.

Another element in the new legislation would eliminate the mandatory 24-hour term, which could provide relief to counties and cities struggling with high regional jail costs. The proposed bill would also allow first-time DUI offenders to choose to install Interlocks to trim the current 30-day license suspension to 15 days.

Donna Hawkins (donna.hawkins@madd.org), state director of Mothers Against Drunk Driving, called the bill “a historical, landmark piece of legislation for West Virginia.”

“This is going to save lives. It’s going to get offenders back on the road quicker. It’s going to save on regional jail costs. It has a lot of great elements in it,” Hawkins said.

Last year, drunk drivers killed 129 people in West Virginia and were responsible for 2,600 non-fatal injuries.

Although MADD wanted the state to require the use of Interlocks for first-time DUI offenders with a blood alcohol content of .08 to .149, the group acknowledged the proposed legislation offers “a great incentive” for those with low BAC levels.

At a Senate Finance Committee Hearing Tuesday, Hawkins said as many as 7,000 first-time DUI offenders are jailed each year. More >>

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Michael Phelps DUI prosecutor himself charged with DUI

hyp·o·crite [hip-uh-krit]

–noun

1. a person who pretends to have virtues, moral or religious beliefs, principles, etc., that he or she does not actually possess, esp. a person whose actions belie stated beliefs.

2. a person who feigns some desirable or publicly approved attitude, esp. one whose private life, opinions, or statements belie his or her public statements.

[Origin: 1175–1225; ME ipocrite < OF < LL hypocrita < Gk hypokrits a stage actor, hence one who pretends to be what he is not, equiv. to hypokr(nesthai) (see hypocrisy) + -tés agent suffix]

Salisbury, MD

A state's attorney who once prosecuted Olympic swimming star Michael Phelps for drunken driving has been arrested for the same infraction.

Wicomico County State's Attorney Davis R. Ruark was pulled over Friday night after officers observed him speeding and crossing the center line, Ocean City police said.

Ruark failed a field sobriety test, and a breath test later showed he had a blood-alcohol content greater than 0.08 percent, Maryland's legal limit, police said. He was charged with driving under the influence, speeding and failure to keep right of center.
"This, by far, is the saddest day of my professional career," Ruark said Saturday, according to The Daily Times of Salisbury. "I made a tremendous error in judgment."

He said he would try to get his case heard as soon as possible. In the meantime, he said he would not handle any alcohol- or drug-related cases that involve vehicles.

It was Ruark's first drunken-driving arrest, and court records show no other run-ins with the law.
Ruark, a Democrat, has been state's attorney in Wicomico since 1989. He is a member of the county's Drug and Alcohol Abuse Council, and he prosecuted Phelps in 2004. The athlete pleaded guilty to driving while impaired and received 18 months' probation. More >>

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LA cop batters handcuffed woman suspected of DWI, leaves her in pool of blood

Shreveport, LA

Police chief Henry Whitehorn said Wednesday the district attorney and the Justice Department will investigate the case of a woman who is seen in a police department video lying in a pool of blood in an interrogation room. Angela Garbarino, 42, said she was beaten after her Nov. 17 arrest on a drunk driving charge.

Wiley Willis, the police officer who was fired Feb. 5 in connection with the case, said through his attorney that Garbarino fell.

Excerpts from a police video tape show Garbarino struggling with an officer in the interrogation room. But the camera was turned off for a time. When it was turned back on, Garbarino is seen on the floor in a pool of blood.

"I had an opportunity to view the tape. I was outraged at what I observed," Whitehorn said at a news conference at police headquarters. "I immediately ordered an internal affairs investigation. That investigation determined that numerous policy violations had occurred."

Garbarino said Willis, 30, tried to force her to take a breath test against her will and that he beat her after turning off the camera.

Willis' lawyer, Eron Brainard, was not immediately available for comment when called Wednesday by The Associated Press. He told The (Shreveport) Times that Willis did not beat Garbarino.

"After her refusal to take the breath test, officer Willis turned off and saved the videotape in accordance with normal practice," Brainard said in a story published Wednesday. "The suspect again tried to leave the room. In the process of (Willis) stopping her, she fell and injured herself."

Paramedics took her to LSU Hospital in Shreveport, where she was treated for a broken nose, a fractured cheek bone and bruises on various parts of her body. Two of her teeth were knocked out.

Garbarino had been taken into custody for DWI testing after someone saw her crash her vehicle into other cars in a casino parking garage and a light pole on a city street, according to police.

Whitehorn said it is police policy for an officer to turn off the videotape of a sobriety test when testing is over and the officer is preparing to book the offender.

Policy will now be changed to where two police officers are in the room at all times, authorities said.

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Ohio man sentenced to 8 years in prison for 19th DUI

Hamilton, OH

Q: How many "steps" would Stephen Wolf have taken had he completed a 12-step program after each of his drunk driving convictions?

A: 228

A Hamilton man has been sentenced to eight years in prison and his driver's license has been revoked for life for his 19th drunk driving conviction.

"I can't imagine anything but a prison sentence is warranted in this case," said Butler County Common Judge Noah Powers said Tuesday, Feb. 20, upon handing down the sentence.

Stephen Wayne Wolf, 51, of the 5000 block of Ellison Avenue, pleaded guilty last week to operating a vehicle under the influence of alcohol following his arrest July 13, 2007.

The arrest came after witnesses saw him crash into an oncoming vehicle in Fairfield Twp. and leave the scene. At the time of his arrest, Wolf's blood alcohol content was .203, more than twice the legal limit, and he was found to be driving on a suspended license, authorities said.

Officials with the Butler County Prosecutor's Office report that Wolf received his first drunk driving conviction in 1978.

Wolf's lawyer, Robert Qucsai, asked the judge to give a sentence of treatment — not jail time. Of Wolf's prior convictions, Qucsai said only two were in the past 15 years. However, Qucsai admitted Wolf had a span of three years in which he had nine drunk driving arrests. More >>

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New Mexico man arrived at court drunk be sentenced on his 11th DWI conviction

Las Cruces, NM

The only thing worse than showing up in court drunk to be sentenced for your 11th DWI is having gotten drunk before court at a 100th birthday party...

A Las Cruces man was sentenced Tuesday on his 11th drunken driving conviction, almost 40 days after his original sentencing date, for which he arrived drunk.

Anthony Sierra, 34, was given the maximum sentence of three years, six months in state prison by District Judge Mike Murphy in addition to a $10,000 fine and five years probation after being released from prison.

Sierra was given three years for a third-degree felony aggravated drunken driving and six months for a petty misdemeanor charge of concealing identity.

"This is a very interesting case from where I sit, tragic from where your wife and children sit and I can't imagine what it's like where you stand," Murphy told Sierra.

Sierra pleaded guilty to the charges last September and later unsuccessfully attempted to withdraw his plea. He was to be sentenced Jan. 11 but was instead found in criminal contempt of court by Murphy because he arrived drunk, and was given a 40-day sentence at the Doña Ana County Detention Center.

Sierra's three-year, six-month sentence will begin Thursday when his 40-day sentence expires.

District Attorney Susana Martinez said Sierra indicated he had been drinking at his grandfather's 100th birthday party.

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High-ranking South Carolina Sheriff’s officer arrested and charged with DWI DWI

Charlotte, NC

When the Sheriff's spokesperson says his arrest was "a tragic mistake," does she suggest that the arresting officers should have given him a free pass? Has she ever referred to the DWI arrest of a non-cop as "a tragic mistake."

One of the highest ranking officers at the Mecklenburg County Sheriff’s Department was charged early Saturday morning with DWI.

Rick Sanders is commander of the Office of Professional Compliance.

He was booked just before 1:30 a.m. and released on $1,000 secured bond.

Sheriff’s Department spokesperson Julia Rush called Sanders’ arrest “a very tragic mistake.”

She said Sanders is suspended with pay until an internal investigation is completed.

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Repeat DWI offender rams cop's SUV, leads high-speed chase

Albuquerque, NM

He'd been arrested 9 times before for DWI...as recently as the previous Saturday. Ramming the cop, then leading them on a high-speed chase: Not a good move.

A man with a record of nine arrests for drunken driving is accused of ramming a deputy’s car when he was pulled over for suspected DWI Tuesday evening.
A deputy says that she pulled over 56-year-old Terry Brooks after receiving reports that he was driving drunk.

But before the deputy could approach Brooks’ driver’s-side window, she says he threw his car into reverse and rammed the front of her SUV, crumpling the hood and front end.

Brooks then reportedly sped off and led officials on a chase of several miles before crashing into a yard. More >>

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Ex-Congressman Robert Roe requests repeal of New Jersey highway name change

Trenton, NJ

Maybe MADD wouldn't be as mad if they named Route 23,"Robert Roe's Two Victims Highway" -- just doesn't roll off the tongue the same...

Former Rep. Robert Roe has asked lawmakers to repeal a measure naming Route 23 in his honor, after critics complained a 1993 drunken driving accident left him undeserving of the tribute.

In a letter to Gov. Jon Corzine, the former congressman said he was grateful for the consideration but preferred to honor the wishes of the two people injured in the accident who opposed creation of the Robert A. Roe Memorial Highway.

Roe, 83, said he regrets the accident that injured two members of the Worosila family on Green Pond Road in Rockaway Township, not far from Route 23, and asked that they find it in their hearts to eventually forgive him.

Route 23 is a 50-mile road that runs north from Essex County to the New York border in Sussex County.

Assemblyman Thomas Giblin (D-Essex), one of the prime sponsors of the bill to honor Roe and who said he had been unaware of the drunken driving incident, said today he would initiate steps to repeal the honor.

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Republican congressional candidate Theodore Terbolizard arrested for DUI

Grass Valley, CA

I think this Republican must have been more drunk when he told The Union newspaper that is DUI arrest will not affect his campaign other than to give him publicity.

Theodore Terbolizard, a little known GOP congressional candidate, is facing possible charges of driving under the influence after Grass Valley police pulled him over for speeding.

Terbolizard was stopped at 1:43 a.m. Sunday for what officers described as excessive speed as he was on his way home from a bar in Nevada City, according to police records.

Police Capt. Rex Marks told The Associated Press that officers arrested Terbolizard on suspicion of a DUI after administering a breathalyzer test. They are waiting for results of a blood-alcohol test, Marks said.

Terbolizard, from Cedar Ridge, is running for the seat being vacated by Republican Rep. John Doolittle, who has announced he will not seek another term.

The candidate told The Union newspaper that is arrest will not affect his campaign—other than to give him publicity.

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MADD loses bid to block naming New Jesery rodway after former U.S. Rep. Robert A. Roe, a convicted drunk driver

Wayne, NJ

Rep. Robert A. Roe served the State of New Jersey in Congress for over 23 years.

Mothers Against Drunk Driving is mad about a plan to name Route 23 after a former Congressman who seriously injured two people while driving drunk.

The group wants Governor Corzine to block the already-approved measure to name the northern New Jersey roadway after former U.S. Rep. Robert A. Roe.

The former lawmaker was convicted of driving drunk when he crashed into a minivan in Rockaway Township in 1993, seriously injuring a woman and her 15-year-old daughter.

A Corzine spokesman says the governor was unaware of the accident when he signed a bill approving the renaming last month. Now, to undo the first bill, a second one will have to be passed.

Roe declined comment through his attorney.

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Washington bill to require yellow license plate for DUI drivers

Seattle, WA

In related news, the State of Washington is considering bring back the pillory for speeders and stocks for J-walkers...

Drunk drivers in Washington state could soon have their own Scarlet Letter in the form of a fluorescent yellow license plate.

In Olympia today, the Senate Transportation Committee is meeting to discuss a proposed bill that would require some drivers convicted of DUI to drive only a vehicle that has front and rear yellow license plates for a year once their driving privileges are restored.

It's not clear who would be exempt from the law.

The cost could be $10 per plate for most vehicles and $2 for motorcycles or mopeds. Failing to drive with a fluorescent plate would be a misdemeanor and trying to disguise the plate's color would be a gross misdemeanor.

The fluorescent plates would not be required on a car owned by the driver's employer.

If passed, the new law would take effect January 1, 2009.

Currently, only Ohio has a similar law in effect.

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Nebraska woman's blood alcohol content (BAC) read at .415%

Consider this:

0.25 BAC: All mental, physical and sensory functions are severely impaired. Increased risk of asphyxiation from choking on vomit and of seriously injuring yourself by falls or other accidents.

0.30 BAC: STUPOR. You have little comprehension of where you are. You may pass out suddenly and be difficult to awaken.

0.35 BAC: Coma is possible. This is the level of surgical anesthesia.

0.40 BAC and up: Onset of coma, and possible death due to respiratory arrest.

Gee, did it ever occur to these cops that their infrared spectroscopy breath alcohol testing machine may be inaccurate and unreliable? At .415%, there would have been no driving, no few-minute-long low speed chase, no field sobriety test, no breath test, and no mug shot of a woman who is conscious. At .415%, there would have been a woman in a coma, near death (if not already dead due to respiratory arrest).

Omaha, NE

Sarpy County deputies said they arrested a woman whose blood-alcohol level registered higher than five times the legal limit for drivers. Deputies arrested Denise Thomson, 25, of Elkhorn, after they received a number of calls about an impaired driver on Interstate 80 Thursday afternoon.

In a news release, Sarpy County Sheriff Jeff Davis said his office got calls about a teal vehicle going west that appeared to have children inside. Deputies chased the vehicle at low speeds for a few minutes before pulling the driver over at mile marker 431, the release said.

Sarpy County deputies said they performed a field sobriety test on Thomson, then took her to the Sarpy County Jail, where her blood-content tested at 0.415 percent. Davis told KETV NewsWatch 7 he believes that is the highest blood-alcohol reading he's seen in his career. More >>

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New Mexico legislature knocks down draconian DWI bill for the 7th time in 7 years

Albuquerque, NM

Best quote from the crazy State Senator who introduced the bill that has been shot down 7 times in as many years:

"It's just an absolute crime that we allow our citizens to have to go out on the streets day after day, night after night, getting killed because of multiple offenders."

I agree. He should be charged, tried, convicted, and sentenced to life as a "habitual offender" under New Mexico law based on his frank admission of repeated crimes against the citizenry.

A plan endorsed by the governor and law enforcement to crack down on repeat drunk drivers was shot down in the State Legislature Friday.

The bill would have classified repeat drunk drivers as "habitual offenders" and allowed judges to hand out longer sentences.

Under current law , a drunk driving felony is treated differently than every other kind of felony, which means repeat drunk drivers are not habitual offenders.

The bill, which had the backing of Governor Bill Richardson and state law enforcement, was called too harsh, too punitive, and did not include treatment for drunk drivers.

Senator Joseph Carraro said tougher laws were needed to make the state's roads safer.

"It's just an absolute crime that we allow our citizens to have to go out on the streets day after day, night after night, getting killed because of multiple offenders," Carraro said. "These people have been out there driving thousands of times, but they've only been caught probably five, six, 10, 12, 17 times--but these people need to be off our street." More >>

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K-State assistant suspended after DUI arrest

Kansas City, MO

Kansas State associate men’s basketball coach Dalonte Hill, arrested early Thursday morning on suspicion of driving under the influence, will not be on the bench Saturday when the No. 22 Wildcats play at Missouri.

The suspension was announced Thursday by athletic director Tim Weiser.

“I want to apologize for this incident,” Hill said in a prepared statement. “I am embarrassed for the attention this has brought to our program. I regret this situation taking away any attention from our team’s accomplishments and from our preparation for Saturday’s game with Missouri.”

Hill was pulled over for a routine check around 2 a.m. on McCall Road, according to Pottawatomie County Sheriff Greg Riat.

That was just hours after No. 22 Kansas State upset No. 2 Kansas 84-75 at Bramlage Coliseum.

“During a stop, a deputy developed probable cause to believe he (Hill) was under the influence,” Riat said.

Hill was later released after posting $500 bond.

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