Driver with 78 license suspensions pleads guilty to 15th DWI, 2 more DWI charges still pending

Morristown, NJ

The man is 40 years old and has had his license suspended 78 times in the past 20 years. That's an average of 3.9 license suspensions per year. He has just pleaded guilty to his 15th DWI and still has two more DWI cases pending.

I admire the optimism of his lawyer, who states: "[He] will not be driving for a very long time."

On issues unrelated to the case, the lawyer also stated, "The Easter Bunny and Santa Claus do exist, Bigfoot is real, and Lee Harvey Oswald acted alone."

A 40-year-old man with 14 prior drunken driving convictions pleaded guilty today to his 15th, admitting he was plastered on beer when he struck a vehicle with a Chatham father and young daughter inside in April in Morris Township.
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Shaun Campbell pleaded guilty before state Superior Court Judge Salem Vincent Ahto in Morristown to one count of assault by auto on April 23, and to the motor vehicle offenses of driving while intoxicated and driving with a suspended license.

Morris County Assistant Prosecutor Brian DiGiacomo said Campbell's blood-alcohol level was .288 percent, or more than three times the .08 percent level at which a motorist is deemed legally intoxicated in New Jersey.

The prosecutor's office is seeking the maximum sentence it can for Campbell, whose driving record also shows 78 revocations in about 20 years. Defense lawyer John Paul Velez said Campbell still has two DWI summonses pending in Pequannock and Wayne.

The state will seek 18 months imprisonment on the assault-by-auto charge, and consecutive terms of 180 days and 180 days on the motor vehicle offenses of driving while intoxicated and driving while suspended. His driver's license would be revoked for a minimum of 10 years but Velez said that with other revocations banked, Campbell "will not be driving for a very long time.''

The judge revoked Campbell's $50,000 bail, which he has never been able to post, and he will remain in the county jail until his sentencing on Aug. 7.

''What did you drink?'' the judge asked Campbell, who was polite throughout the hearing.

''Beer. Quite a bit. Enough to not know what was going on,'' he replied.

“This defendant has pleaded guilty to the maximum time allowed under the law. We need to ensure that these cases are handled sternly to ensure, as best as is possible, the safety of the community from the dangers of drinking and driving. This is especially so with a person who has shown an utter disregard for the law, as this defendant has,” Robert A. Bianchi, Esq. said.

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Criminal defense lawyer arrested on DWI charge on way to court for murder trial, maintains innocence

New Boston, TX

The Sneeze Defense: "The lawyer told The Associated Press that he lost control of his car during a sneezing fit brought on by allergies and black pepper sprinkled on catfish he had just eaten."

The lawyer, exhausted from working around the clock to prepare for the trial, demanded a breath alcohol test, which the cop refused to administer.

I'm very interested to see how this case turns out...

A state district judge declared a mistrial in a murder case and ordered a defense attorney to reimburse Bowie County for jury costs after the attorney was arrested on suspicion of driving while intoxicated on his way to court.

Bryan Simmons of nearby Atlanta was taken into custody Tuesday after a car wreck near New Boston.

On Friday, he told The Associated Press that he lost control of his car during a sneezing fit brought on by allergies and black pepper sprinkled on catfish he had just eaten. His car left the road and landed in a ditch with a flat tire.

Simmons says he was "not under the influence of alcohol or any illegal drugs." He said he was just really tired from having kept late hours preparing for the murder trial.

"I might have been too tired to be driving, but hindsight is 20-20," Simmons said.

He demanded a Breathalyzer test but the officer didn't administer it, he said. The results of a blood test he submitted to won't be known for several weeks.

District Judge John Miller declared a mistrial halfway through jury selection Tuesday.

At a Thursday hearing, Miller ordered Simmons to pay the county $318 for the 53 $6 checks it had to give potential jury members, the Texarkana Gazette reported.

"I agree with that," Simmons says of the payment. "But again. I'm entitled to the same presumption of innocence as everyone is."

His client, Thomas "Hunter" Davis, is accused of fatally shooting Sammy Glass on Sept. 9, 2007, in a park in the Liberty-Eylau community.

Simmons says he was not the lead attorney on that case. He was scheduled to handle a suppression hearing later that day and that his co-counsel was prepared to oversee jury selection.

But Miller told Simmons on Thursday that he was considered lead counsel because he was slated to conduct direct and cross-examinations of witnesses on Davis' behalf.

"I'd like to apologize to the court, to my partner, to my client and to the Glass family," Simmons said. "If any wrongdoing on my part caused this, I do apologize."

The trial is now slated to get under way Aug. 10.

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New study: Texting and driving worse than drinking and driving

New York, NY

Maybe so, but MATD just doesn't sound right...

Admit it.

You've done it.

You've been driving down the side street (and yes, the highway as well) when your phone, blackberry, or whatever you use to call and text with goes off.

You immediately grab it, even though you are driving in traffic and really shouldn't.

It's a dangerous and terrible habit American drivers have developed.

The folks at Car and Driver Magazine have now documented just dangerous it can be.

Rigging a car with a red light to alert drivers when to brake, the magazine tested how long it takes to hit the brake when sober, when legally drunk at .08, when reading and e-mail, and when sending a text. The results are scary. Driving 70 miles per hour on a deserted air strip Car and Driver editor Eddie Alterman was slower and slower reacting and braking when e-mailing and texting.

The results:

* Unimpaired: .54 seconds to brake
* Legally drunk: add 4 feet
* Reading e-mail: add 36 feet
* Sending a text: add 70 feet

When I took the test for reading e-mail or texting, I was just as slow to react. On average, it took me four times longer to hit the brake. Mike Austin at Car and Driver told me in blunt terms that I was "way worse" than the average driver.

None of this should surprise you.

Sure, the headline about texting and driving being more dangerous than drinking and driving got your attention.

Maybe that's because the American public correctly views drinking and driving as wrong. But when it comes to texting and driving, we are not as outraged.

Probably because many of us have done it and still do it (even though it's banned in 14 states).

Sadly, it will likely take more accidents and more deaths to change that attitude. There are countless stories of teens dying in accidents because the driver was texting while driving.

Unfortunately, I fear there will be more. Too many people have become too accustomed to checking e-mail or sending a text while behind the wheel, even though it's as dangerous as drinking and driving.

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Intoxilyzer alcohol breath test results thrown out in Flordia counties

Sarasota County, FL

Judges realize that the crux of the argument in favor of the Intoxilyzer is "just trust us" and they aren't buying it anymore.

Two Sarasota county judges have struck another blow to the breath-test machines police use to catch drunken drivers, throwing out the results in 72 more DUI cases.

Like other legal battles over the Intoxilyzer 8000, the latest one centers on technical aspects of how the machine works.

Defense attorneys questioned exactly how the machines use an infrared spectrum to detect alcohol in a driver's breath. When prosecutors could not answer detailed questions about the machines, the judges threw the test results out. Now the DUI cases are stalled while prosecutors appeal the ruling.

The cases join about 450 DUI cases in Sarasota and Manatee counties that already have been delayed for up to four years because defense attorneys questioned the reliability of the machines, and judges have ruled that the defendants should have access to the computer code inside the Intoxilyzer.

Judges threw out breath-test results in those cases when the manufacturer refused to turn over the computer code to defense attorneys. Prosecutors appealed and lost, and the cases are now set to proceed to trial.

The rulings have not stopped law enforcement from using the Intoxilyzer 8000 to test suspected drunken drivers. The breath-test results are a key piece of evidence in DUI cases, but even in cases where the tests results are thrown out, prosecutors can still try to prove the case using testimony from law enforcement officers who administer field sobriety tests.

Defense attorneys across the state have made similar arguments, but the rulings last week are the first throwing out breath-test results based on the infrared spectrum.

In this latest challenge, prosecutors could not convince judges that the Intoxilyzer 8000 measures alcohol in the breath at exactly the same wavelength in the infrared spectrum that the manufacturer says it does.

Without that, prosecutors cannot prove the machine is the same one approved for use in Florida, the judges ruled. And state law only requires drivers to submit to breath tests using an approved machine.

"These are the rules they need to follow to make sure they have a reliable machine," said Venice defense attorney Robert Harrison, who has led the fight against the Intoxilyzer 8000s. "They can't just pick any machine."

County judges David Denkin and Kimberly Bonner issued the ruling on these 72 cases, but two other judges heard the same arguments and could rule similarly on another 27 cases, Harrison said.

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Florida man arrested for DUI, attempting to bribe officers

Kissimmee, FL

It seems to me that the cop wouldn't have been so by-the-book had the alleged bribe not ben such a paltry amount. I don't think this story would have been a story at all had the man offered the cop $3,000-$4,000...

A motorist stopped for driving recklessly last week guaranteed his day in court by offering to bribe deputies, according to the Osceola County Sheriff's Office.

After being stopped Friday morning on Poinciana Boulevard, Carlos Rocha-Nevarez was unable to tell deputies where he was drivingo or where he had been, according to the arrest report.

The 44-year-old motorist told the deputies he had $300 to $400 cash in his pocket and he would pay them to resolve the problem there, the report stated.

"The defendant approached with a roll of cash in his hand," a deputy wrote. "The defendant then proceeded to count out the money and put it in my pocket. I advised the defendant that I did not want his money."

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Cops: Man charged with DUI after driving into lake

Middlefield, CT

Almost 40 years ago, on July 19, 1969, Sen. Edward Kennedy borrowed his chauffeur's keys to his Oldsmobile limousine and offered Mary Jo Kopechne a ride home from a party on Chappaquiddick Island in Massachusetts...

A 41-year-old man Meriden was charged with DUI after his car ended up in Lake Beseck early Friday morning.

Police say Telmo Ordonez was driving west on Lake Road when he lost control of his car and drove into the lake.

His vehicle was partially submerged and police say he got out of the car and left the scene. He was not injured, they said.

Ordonez was charged with DUI, failure to drive in lane and evading responsibly

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DUI enforcement cop arrested for drunk driving after crash

Yet another hypocrite cop has been busted for drunk driving.

Virginia Beach, VA

Police in Virginia Beach, Va., say a drunken driving charge has been filed against a DUI-enforcement officer.

Police said Master Police Officer Bryan K. Womble, a member of the department's Selective Enforcement team, was arrested Saturday after a two-vehicle crash, The (Norfolk) Virginian-Pilot reported Sunday.

The Selective Enforcement team, which has eight members, focuses on enforcing drunken driving laws in Virginia Beach.

As a member of the unit, Womble arrested former NFL star Bruce Smith on a drunken driving charge in May.

The Virginian-Pilot said in 2007 alone, Womble was responsible for 70 DUI arrests.

A police spokesman said Womble, 36, has been assigned to administrative duties following his arrest. He posted a $500 personal recognizance bond, the Virginian-Pilot said.

There were no injuries in Saturday's accident but further details were not reported.

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Retired NY trooper found guilty in fatal DWI crash

Buffalo, NY

Yet another hypocrite-cop-drunk-driving-killer...

How many non-cops do you think would be out on $1,000 bond awaiting sentencing after being convicted of vehicular manslaughter, criminally negligent homicide and misdemeanor drunken driving charges?

David M. O'Brien, a retired State Police investigator, was found guilty as charged Tuesday of the drunken-driving head-on crash that killed a Seneca Allegany Casino cashier last year.

The jury verdict cane after a two-week trial before State Supreme Court Justice Richard C. Kloch Sr. he jury deliberated about an hour and a half before finding O'Brien guilty.

O'Brien, 69, of Boulder Ridge Road, Allegany, insisted he only remembered waking up in his car in a ditch after the incident.

Though David A. Foley, the special prosecutor handling the case, sought to have O'Brien jailed or forced to pose substantially higher bail given the state prison term he faces,

O'Brien remains free on $1,000 bail pending his Sept. 9 sentencing.

O'Brien declined to comment following the verdict. However, his attorney, Edward C. Cosgrove, accused the jury of a "lack of courage" and faulted Kloch for not allowing him to call character witnesses on behalf of O'Brien. The verdict will be appealed, he said.

A state trooper for 26 years until his 1986 retirement O'Brien, faces a prison term of up to to seven years on vehicular manslaughter, criminally negligent homicide and misdemeanor drunken driving charges.

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DWI deaths called 'pandemic' in Houston

Houston, TX

Pandemic - pan·dem·ic (pān-děm'ĭk)
(adj.)

Etimology. 1666, from Gk. pandemos "pertaining to all people," from pan- "all" + demos "people". Modeled on epidemic. The noun is first recorded 1853, from the adj.

Definition. 1) (adj.) disease occurring over a wide geographic area and affecting an exceptionally high proportion of the population ; 2) (n.) a widespread epidemic affecting a whole people or a number of countries; everywhere epidemic.

plague
  [pleyg] noun, verb, plagued, pla⋅guing.
–noun
1. an epidemic disease that causes high mortality; pestilence.
2. an infectious, epidemic disease caused by a bacterium, Yersinia pestis, characterized by fever, chills, and prostration, transmitted to humans from rats by means of the bites of fleas. Compare bubonic plague, pneumonic plague, septicemic plague.
3. any widespread affliction, calamity, or evil, esp. one regarded as a direct punishment by God: a plague of war and desolation.
4. any cause of trouble, annoyance, or vexation: Uninvited guests are a plague.
–verb (used with object)
5. to trouble, annoy, or torment in any manner: The question of his future plagues him with doubt.
6. to annoy, bother, or pester: Ants plagued the picnickers.
7. to smite with a plague, pestilence, death, etc.; scourge: those whom the gods had plagued.
8. to infect with a plague; cause an epidemic in or among: diseases that still plague the natives of Ethiopia.
9. to afflict with any evil: He was plagued by allergies all his life.
Origin: 1350–1400; ME plage < L plāga stripe, wound, LL: pestilence

Related forms: plaguer, noun

District Attorney Pat Lykos says the "DWI problem" in Harris County is a "pandemic plague."

I say Pat needs to pull his head out of his ?*#?! and push his face into a dictionary.

Harris County has the highest rate of alcohol-related traffic deaths among the nation’s most populous counties, researchers say, and a series of horrific crashes blamed on drunken drivers in recent days seems to back the claim.

Experts agree the county’s high DWI fatality rate is partly a byproduct of limited public transportation for the region’s 3.9 million residents and an urban sprawl leading them to drive many miles. Stepped-up enforcement by more officers patrolling the roadways at peak times for drunken driving offenses, meanwhile, keeps the county jail full of DWI suspects. Adding to the deadly mix is a stubborn reluctance to rely on designated drivers, or cabs and other services that keep the intoxicated from driving.

“We don’t make our plans before we drink, we try to figure out how we’re going to deal with it after we start drinking — that’s our biggest problem,” said officer Paul Lassalle, with the Houston Police Department’s DWI task force.

District Attorney Pat Lykos, citing around 10,000 driving while intoxicated cases filed each year, has called the county’s DWI problem a “pandemic plague.”

The most recent victims of crashes that authorities have blamed on intoxicated drivers include: a housewife from The Woodlands whose pickup was forced off a Hardy Toll Road overpass, a Pakistani immigrant killed while helping a stranded motorist on the Southwest Freeway, a volunteer firefighter from Cy-Fair left legless after being hit in an auto parts store parking lot, and a veteran Houston police officer critically injured while directing traffic around a crash on the Southwest Freeway.

Lykos hopes to lower DWI rates by offering first-time offenders a pretrial probation term that avoids a conviction, in hopes of getting more into treatment. In recent years, most of those charged with drunken driving in Harris County have pleaded guilty, served jail time and paid a fine, rather than be placed on supervised probation where alcohol education and treatment assessment is mandatory. Probation for DWI fell from 4,700 cases in 2000 to 2,150 in 2007, according to the district attorney’s office.
Not really that bad?

Lykos announced the new DWI policy at a recent meeting of the Houston/Harris County Office of Drug Policy, which released a report noting the county has been designated the worst in the nation for alcohol-related fatalities per capita. And about 60 percent of the county’s traffic fatalities are alcohol-related, twice the national average, the report states.

Hope Rangel, head of Mothers Against Drunk Driving’s Houston-area chapter, said those who drink any amount of alcohol should not drive.

“It’s about choice. We don’t have enough folks who are really being cognizant about what their responsibility as a driver is when they get behind the wheel of a car,” Rangel said.

But some question that worst county designation, arguing the statistics are manipulated to make a serious problem appear worse.

“I’m not saying there are no intoxicated drivers; clearly there are. But I don’t think it’s as bad as statistics make it appear,” said attorney JoAnne Musick, president of the Harris County Criminal Lawyers Association. “As far as I’ve been able to tell, the statistics don’t differentiate between those that are DWIs and those that are not.”
Statistics can differ

Finding the exact number of DWI fatalities in Harris County can be confusing.

The city-county report, citing the National Highway Traffic Safety Administration and other sources, lists 174 fatalities in 2006 involving drivers who were legally drunk. In contrast, The Texas Department of Transportation lists a significantly lower toll of 145 deaths in 2006 in crashes in which a driver had any measurable amount of alcohol.

Lassalle, with HPD’s DWI task force, provided figures showing the NHTSA ranked Harris County first in per-capita alcohol-related deaths among 10 of the nation’s most populous counties in 2006 based on 232 alcohol-related traffic deaths and 203 traffic deaths in which a driver was legally drunk. Second was Dallas County, followed by Phoenix’s Maricopa County.

“You have a huge population covering a huge territory and they’re doing it all in their own vehicles,” Lassalle said.

Houston’s DWI task force receives about $480,000 a year in grants to pay overtime for officers to catch and process drunken drivers, said task force member Don Egdorf, also HPD’s liaison with the district attorney’s vehicular crimes unit. “I don’t know if there are more drunks on the streets, but there are more officers looking for the drunks so there are more of them getting picked up,” he said.

Troy McKinney, a Houston attorney who specializes in defending DWI cases, said alcohol-related deaths are being “massively overstated” and notes large numbers of DWI cases are eventually dismissed by the courts.

“The realty today is, if you’re drinking and driving and are stopped by police, you’re going to jail whether you’re intoxicated or not. That’s the default,” McKinney said. “The attitude making its way to the government is: People shouldn’t be drinking and driving at all, but it’s not against the law.”

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DWI machine’s source codes will soon be given to MN defense attorneys

Minneapolis, MN

Attorneys of suspected drunken drivers can breathe easier. The breathalyzer source code impasse is over.

Monday, the Minnesota Department of Public Safety (DPS) announced it had reached a settlement with the manufacturer of the Intoxilyzer 5000EN, the country’s most widely used alcohol detector for suspected drunken drivers.

Defendants in drunk driving and implied consent cases will now have access to the computer codes used to calibrate the breath machines.

A recent Minnesota Supreme Court decision granted them that right, throwing DWI prosecutions into turmoil.

Defense attorneys wanted the codes to see if their clients had been wrongly convicted due to a faulty mechanism in the machines, or were wrongly charged.

CMI, the Kentucky manufacturer, contended it was a trade secret. DPS sued the company in federal court over the codes, which law enforcement officers don’t have.

It appears, however, that access to see the actual codes will be provided only at company headquarters out of state. But attorneys are entitled to view a hard copy of the code in Minnesota, and CMI will provide up to $50,000 for experts to interpret and analyze the highly technical computer codes that run the machine. CMI will have to defend it under attack by defense attorneys.

The settlement is contingent on court approval and a hearing June 11. “We are very pleased that we have given the defense attorneys everything they need to analyze the source code,” said DPS Commissioner Michael Campion in a news release. “The settlement should finally put to rest the issue of the Intoxilyzer’s reliability.

“Law enforcement needs the Intoxilyzer 5000EN to keep drunk drivers off our roads.”

According to DPS, there were 38,699 impaired driving incidents that occurred in Minnesota in 2007 and were entered onto people’s driving records.

The Intoxilyzer 5000EN was used in approximately 24,000 of those cases.

Hubbard County Attorney Don Dearstyne said he’s not sure what the case means for future prosecutions until he’s seen the decision.

Currently one defendant is asking for the source code in a Hubbard County DWI arrest.

“Nothing will happen until after June 11,” Dearstyne said.

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Demonstration: Texting while driving "as dangerous" as driving while intoxicated

Charlotte, NC

"Mothers Against Texting While Driving" just doesn't seem to have the same political appeal as "Mothers Against Drunk Driving."

A recent study found drivers who use their cell phones behind the wheel perform just as poorly as legally drunk drivers.

While texting, the average driver spends two to three seconds looking at their phone and only one second looking at the road.

If you think that won't really affect their driving, think again.

"Four out of five drivers say texting while driving is dangerous. Yet half of those say they text while they drive," notes Tom Crosby, president of the AAA Carolinas Foundation for Traffic Safety.

Crosby and troopers with the North Carolina Highway Patrol set up a challenge course to show people just how bad driving while texting really is.

Elisabeth Crosby volunteered to put her driving and texting skills to the test.

When Crosby sent two text messages, she was a full nine seconds slower on her time, and she hit 13 additional cones.

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Court rules that DWI defendants can request Intoxilyzer 5000 code

Park Rapids, MN

No blow, no mo'. Get stuck or pee in a cup. What do you think the new Minnesota DWI slogan should be?

Suspected drunken drivers in Hubbard County will either have to urinate into a cup or give a blood sample after being pulled over if they flunk a field sobriety test.

That’s because Hubbard County Attorney Don Dearstyne has asked law enforcement agencies to stop using the Intoxilyzer 5000 breath machine in the wake of a recent state Supreme Court decision that has wide-reaching ramifications for past and future DWI cases.

The court ruled in late April that defendants have a right to request the breath test machine’s “source code” to determine if it has been calibrated correctly and the results are reliable.

But there’s a problem inherent in that ruling. Cops don’t have the secret codes. Intoxilyzers are made by a private Kentucky company that refuses to divulge its trade secret as to how the machines are calibrated.

“The source code is not in any county attorney’s possession,” said Dearstyne, reiterating the difficulty now facing prosecutors. “It belongs to CMI, which manufactures the Intoxilyzer.”

DWI suspect Joshua Allen Zubke, facing two counts of DWI and one count of careless driving in Hubbard County, is the first defendant hoping to capitalize on what could become a systemic loophole.

His attorney, Blair Nelson, of Bemidji, wants to either get the machine blueprints and expose deficiencies in it, or wear prosecutors down to the point they have to dismiss the charges because they can’t produce the source code.

Dearstyne, an assistant attorney general and Nelson will be filing briefs Friday before Judge Robert Tiffany on their opposing positions.

The larger ramifications are that prosecutors throughout the state could be stymied by the ruling and be forced to dismiss hundreds, perhaps thousands of pending DWI cases.

The Supreme Court bought into the argument that if voting machines could have faulty source codes as found in the Minnesota Senate race, so, too, could breath test machines be flawed.

Blood-alcohol tests will back up the Bureau of Criminal Apprehension lab as prosecutors await results of the blood or urine samples, Dearstyne worries. The cost will be enormous at a time when the state is strapped financially and the lab is already overloaded, BCA officials said.

There are 260 Intoxilyzers in use throughout the state, said Department of Public Safety spokesman Andy Skoogman. DPS, which oversees the BCA, is currently embroiled in a federal lawsuit with CMI to get the codes, which the company maintains are proprietary information that, if revealed, would put the company at a competitive disadvantage, or out of business.

DPS says 80 percent of Minnesota DWI cases involve the use of an Intoxilyzer test.

Defense attorneys like Nelson want the codes to determine the machine’s reliability. Dearstyne believes that argument is a red herring and cautions: Be careful what you wish for.

“In one Minnesota case the defense did obtain the source code, but they had to sign a non-disclosure, protective order not to reveal it.” He said. “That was a couple years ago. Interestingly enough, once they got the source code they came in and pled the case.”

And, he said it will take extensive testimony from a computer geek to explain what the “thousands and thousands of printout pages of computer codes are. I just can’t see what the advantage is to the defense bar and I used to be a defense attorney.”

Dearstyne also used to be a cop. “I ran thousands of Intoxilyzer tests as a cop. It’s an incredibly accurate machine,” he maintains. In test comparisons with blood samples, he said the machine was “surprisingly accurate.”

CMI Inc.’s Web site stands by its machine, asserting: “No unproven technology here!”

“Right now we’ve fortunately got, as part of the field sobriety, to give them a portable breath test (PBT) so that at least gives us a thumbnail of what their blood alcohol content is,” Dearstyne said.

“It’s not admissible in a trial except in a refusal case but at least it gives us information enough to do the charging and then we just await the results of the lab. Then we amend the complaint to comport with what the test is. It’s a lot of extra work.”

And that may be what Nelson and Zubke are banking on. They don’t have an automatic right to the code. The Supreme Court ruling says they must request the code and show it is essential to proving Zubke’s innocence before Judge Tiffany will weigh the request.

“Until the federal lawsuit is settled, in the meantime it will cost the state of Minnesota, which can’t afford it, thousands and thousands of dollars in defending this type of action,” Dearstyne said.

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Man who drove truck into house charged with DWI

Potomac Park, MD

"Those pesky houses just keep getting in my way..."

A man has been arrested in Allegany County after police say he drove his truck into a house.

The owner of a home on Flower Street in Potomac Park says she heard a loud bang yesterday afternoon.

When she went to check it out, she saw Michael Kuykendall in the driver's seat, attempting to back his truck away from her home.

When he couldn't, Kuykendall ran from the house on foot but was eventually caught by police.

He faces a number of charges, including DUI, DWI and failure to avoid a collision.

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Scranton cop on restricted duty after suspected DUI

Scranton, PA

Do what I say, not what I do...

A city patrolman is on restricted duty under suspicion of DUI after crashing his car Monday morning, said Chief David Elliott.

Nick Hurchick, 24, of Scranton, was off duty when he crashed into a wall at 1502 N. Washington Ave. at 2:27 a.m. Monday, Chief Elliott said.

Patrolman Hurchick admitted to drinking, and was taken to a hospital for a blood-alcohol test Chief Elliott said. Pending the toxicology report, Patrolman Hurchick will be "on a restricted-duty status," the chief said.

There were no injuries in the crash, the chief said.

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Mock DWI scare tactics used to "educate" highschool stuents

Dunkirk, NY

In a continuing effort to indoctrinate children into the cult of MADD and forward its agenda, propaganda techniques carefully calculated to traumatize children are employed. Save me from the good guys.

Tonight is Dunkirk High School's prom at the Dunkirk Moose Club. Will some of the prom goers show up under the influence of alcohol or drugs? If they do, they will likely get caught and not be admitted to this important traditional dance. How?

At a mock DWI demonstration Friday, an administrator announced that the prom is a school function and all school rules and regulations apply. Every student entering the Moose Club will be subjected to a Breathalyzer test, he said.

Whether to prove they were above such warnings or simply didn't care, a number of the students appeared not to be impressed by this cautionary speech. What did impress them however, was the mock driving while intoxicated presentation they witnessed on the Dunkirk High School's football field.

It was sponsored by the school's SADD Club, working together with the Dunkirk Police, Dunkirk Fire Department, Alstar Ambulance Service, Starflight Helicopter, county coroner Warren Riles and the Mackowiak Funeral Home.

In an ironic twist of fate, the funeral director's cousin, senior Bridget Mackowiak, agreed to represent the fatal victim in the mock two-car crash. When asked afterward what it felt like, lying on a backboard with a bloody sheet thrown over her body she said it was weird. "I tried to avoid bad thoughts as I lay there," she said.

Among the list of charges placed against Josh Sobilo, a junior, was driving while intoxicated and vehicular manslaughter. He experienced a mock arraignment before Dunkirk City Judge Walter Drag and was jailed in lieu of $10,000 cash or $20,000 property bond bail.

At he mock funeral, Bridget spoke to the audience one last time. "I'm asking you not to drink and drive. If you consider it, think about what a DWI did to me. I'm in a good place now; remember, this is not goodby it's 'see you later,'" she said.

The curtain in the high school auditorium drew to a close and there was a round of applause for the SADD performers.

Bridget's friends Giana Porpiglia and Hannah Catalano were particularly moved by her mock death. "I felt terrible and it was hard to watch; I can't imagine what it would be like to have it really happen," Giana said.

Hannah said it made her cry. School counselors were available to help students who were particularly upset by the demonstration. At least one student was escorted from the field.

During the auditorium presentation, Coroner Riles and Dunkirk Police Chief David Ortolano spoke to the students about their personal experiences in real life DWI cases. The chief told of having to notify a fellow police officer and friend of his about the death of this friend's son in a car crash that involved alcohol. "These memories stay with you," he said.

Coroner Riles said a friend of his who sat on the stage with him hours before in a graduation ceremony was killed when his car was hit by a train. "I was working for a funeral home at the time and was assigned to respond to the scene," he said, noting that alcohol was also involved in this tragedy. "I graduated 50 years ago and each time my graduation class gets together, this death so long ago is always brought up."

Noting proms and graduations should be happy occasions, Coroner Riles said, "Don't become a similar topic for your class."

Chief Ortolano said the mock DWI presentation is not a joke and is not something to laugh at. "This is about as real as we can make it for you guys.

"I want all of you to give what you see and here today serious thought and give it the respect it deserves," he said, adding, "Make sure you make the right decision. If it prevents one DWI crash, we've done our job."

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Amish teen ticketed for having beer in buggy

Buffalo, NY

It is hard to fathom that this article was published by Associated Press, not The Onion.

Police cracking down on rowdy Amish youths ticketed a teenager for having beer in his horse-drawn buggy when they pulled him over on a western New York road. They said the 17-year-old was charged with underage possession of alcohol after he was stopped by deputies late Monday night in the town of Leon, 40 miles south of Buffalo.

Detective Nathan Root said the teen admitted drinking beer, but passed a field sobriety test.

Root says another Amish man in the buggy, a 22-year-old, was charged with providing the beer. Both are scheduled to be arraigned June 22.

Patrols were stepped up after an Amish elder's property was vandalized when he confronted youths about their drinking and listening to radios.

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Police Chief charge with DWI pleads not guilty

Stratham, NH

What's good for the goose is good for the gander. What a hypocrite! What a self-righteous clown!

Police Chief Michael Daley likely will face trial in July on a drunken-driving charge following his arrest in North Hampton last month.

Daley has pleaded not guilty and has remained on paid administrative leave since his April 11 arrest.

The case has been moved to Strafford County to avoid any potential conflicts in Rockingham County, where Daley has worked in law enforcement for many years and has served as police chief in Stratham since 1992.

"We'll be aggressively and vigorously defending the case," said Andrew Cotrupi, a well-known Seacoast defense attorney who is representing Daley.

Strafford County Attorney Tom Velardi could not be reached for comment yesterday.

Daley was due to be arraigned in Hampton District Court on May 18, but his not-guilty plea already has been entered and the case is headed to trial.

Daley was arrested at North Hampton State Beach when police found his vehicle in the parking lot just before 2 a.m.

According to the North Hampton police log, an officer said he checked the beach parking lot and saw Daley's vehicle in the lot after hours. The officer "made contact" with Daley, the log said, and a field sobriety test was performed.

Daley subsequently was arrested without incident and charged with driving while intoxicated and transporting alcohol.

Police have declined to discuss details of the arrest because the case is pending.

Two days after his arrest, Daley told Stratham selectmen that he plans to retire Jun`e 1. Lt. Richard Gendron, the department's senior ranking officer, has been in charge of the department since Daley was placed on administrative leave.

With Daley's retirement only a few weeks away, selectmen are expected to begin searching for a replacement soon. The process could take several months.

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PA man pulled over twice in 3 hours for DUI, second time at station

Pittsburgh, PA

Further proof that alcohol consumption may impair one's judgment. Oops!

A 26-year-old man from Pittsburgh has been arrested twice in three hours for driving under the influence. The first time, the man failed a sobriety test and various pills were found in his car. He was dropped off at his mother's home.

Later that night, the man returned to the police station, seeking medication that had been seized in his initial arrest. He told officers that he had been given a lift, but they were able to pull him over when he tried to leave on his own.

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Pa. woman gets 2 1/2 years in prison for 11th DUI

Greenburg, PA

It's good to hear she now is serious about alcohol rehabilitation

A western Pennsylvania woman will spend 2 1/2 to 5 years in prison for her 10th and 11th drunken driving offenses since 1993, but a prosecutor and Mothers Against Drunk Driving say the sentence is too lenient.

Westmoreland County District Attorney John Peck and MADD wanted 41-year-old Jessica Snyder to be sentenced to 7 to 14 years on Wednesday.

Court records show Snyder has spent seven of the last 10 years incarcerated for drunken driving-related offenses.

While still on parole she was arrested in June and again in August, both times with a blood-alcohol content nearly three times the state's legal limit.

Snyder's license is suspended until 2030. Her attorney says she's now serious about alcohol rehabilitation.

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Woman charged with DUI after driving into lake, saved by man in boxers

Orlando, FL

It all starts with the name. Ms. Cainong must have thought for a second her name was Ms. Canoeing. I wonder if the pedestrian she was trying to avoid also was stripped don to his boxers.

Authorities say a Good Samaritan stripped down to his boxers and jumped into an Orlando lake after an intoxicated woman drove into the water.

Police say 30-year-old Romelli Bernadeze Cainong drove into Lake Eola early Saturday morning. She told officers she was trying to avoid a pedestrian. Police say Cainong smelled of alcohol and failed all sobriety tests. She later told officer she had two vodka cranberry drinks at a downtown club.

Charles Dalton, who was still at the scene when police arrived, told officers that he was in a taxi when he saw Cainong's car go into the lake. He jumped in and pulled the woman from her car.

Cainong was arrested on a DUI charge and posted bail over the weekend.

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Man attending victims’ impact panel charged with felony DWI

Poughkeepsie, NY

I've heard that the standardized field sobriety testing in Poughkeepsie includes the suspect being asked to spell "Poughkeepsie" backwards.

When a man attending a victims’ impact panel meeting in the Town of Poughkeepsie was determined to be intoxicated, he was arrested on a number of charges.

Dutchess County Sheriff’s deputy at the session on Thursday spoke with Kashik Metha, 61, of Wappinger, and determined he was under the influence of alcohol. He was attending the session as per a court order on a recent DWI conviction.

Police said he had driven himself to the meeting under that condition.

Metha was charged with felony DWI, felony operating a motor vehicle with BAC .08 percent, and violations of a conditional license.

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SC cop resigns after being charged with DUI

Walhala, S.C.

A South Carolina police officer has resigned after being arrested on charges of drunken driving and child endangerment.

Thirty-nine-year-old Walhalla Police Lt. Scott Richard Stanley resigned Monday after being charged by the Highway Patrol last weekend.

Police Chief Tim Chastain told the Anderson Independent-Mail that Stanley was an eight-year veteran who was a good officer who made a mistake. Stanley could not be reached for comment.

The Highway Patrol says Stanley had picked up his 10-year-old daughter from Walhalla Elementary School on Friday and was headed to pick up a second child when he ran off the road and hit a culvert. No one was hurt.

Stanley had a blood-alcohol level of .01 percent. Under state law, a level of .008 is the standard for being legally drunk.

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Limo driver arrested for DUI, turned in by promgoers

Lowell, MA

Prom night teens spew righteous indignation at an allegedly drunken adult. That's a switch.

Several Lowell high school students spoke out on Sunday, reflecting on a prom night that was disrupted when their limo driver was arrested on suspicion of being drunk behind the wheel.

"It's supposed to be the best night for seniors to remember and he definitely ruined a lot of it," said Bianca Crowley, a senior at Lowell Catholic High School.

On Friday night, Crowley and prom date John Harris shared a white Cadillac Escalade limo with seven other couples. The group had no problems getting to the prom. It was on the way home that the students knew something was wrong.

"Everyone just got this huge whiff of alcohol through the divider," said Crowley. "And then we saw this huge cup."

According to Harris, the limo driver - 45-year-old Brian Harrison of Tewksbury - was "flying off the highway, speeding, and hitting curbs."

It was then that the group demanded Harrison to pull over at a nearby Showcase Cinemas. Crowley immediately called her mother, Maureen Tierney.

"He put his hands up and said, "I'm sorry, I'm sorry, I made a mistake," over and over again" said Crowley.

When Tierney recieved the phone call from her daughter, she immediately notified police. According to reports, Harrison initially left the teens, drove away, and returned several minutes later. It was then that he said he was sorry and tried to persuade them to return to the vehicle.

"Oh, I immedately started shaking when I recieved the phone call," said Tierney.

Harrison was arrested and charged with driving under the influence. Now out on bail, attempts to contact him at his Tewksbury home were unsuccessful. According to the general manager of Lynette's Limousine Service, Harrison had been a good employee during his three years with the company.

"I'm devastated by this," said the general manager, who fired Harrison immediately after hearing the news. "I take a lot of pride in this company because this was a driver I hired personally myself."

According to published reports, this is the fourth time in ten years that a Lynette driver has been arrested for suspicion of driving under the influence. And while Crowley and Harris are happy that no one was hurt, the incident put a damper on what was supposed to be a memorable evening.

"We get talked to all the time at school and by our parents about drinking and driving," said Crowley. "Then someone we trust and pay for our safety completely lets us down."

Harrison is scheduled to be arraigned on Monday in Lowell District Court.

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Minnesota Supreme Court rules DWI defendants have right to Intoxilyzer breath test machine source code

Minneapolis, MN

"...an analysis of the source code may reveal deficiencies that could challenge the reliability of the Intoxilyzer" - MN S.Ct.

The breath alcohol test manufacturer says, "Just trust us." They also said, "The check is in the mail," "I'll respect you in the morning," and "It's not about the money, it's a matter of principle."

Note: The company's other product is pictured above.

Minnesota may be forced to drop thousands of driving-while-impaired cases and change the way it prosecutes others in the wake of a state Supreme Court ruling Thursday, prosecutors and defense attorneys agreed.

The state's highest court ruled that defendants in drunken-driving cases have the right to make prosecutors turn over the computer "source code" that runs the Intoxilyzer breath-testing device to determine whether the device's results are reliable.

But there's a problem: Prosecutors can't turn over the code because they don't have it.

The Kentucky company that makes the Intoxilyzer says the code is a trade secret and has refused to release it, thus complicating DWI prosecutions.

"There's going to be significant difficulty to prosecutors across the state to getting convictions when we can't utilize evidence to show the levels of the defendant's intoxication," said Dakota County Attorney James Backstrom.

"In the short term, it's going to cause significant problems with holding offenders accountable because of this problem of not being able to obtain this source code."

Law enforcement officers can still have a motorist's blood-alcohol level determined through blood tests or urinalysis, but that option comes with a pricey, time-consuming caveat: Most of those tests are done only in the lab run by the Minnesota Bureau of Criminal Apprehension in St. Paul.

"The BCA labs are overwhelmed now with their current workload, and I'm not sure they
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can handle doing blood and urinalysis tests in all DWI cases in Minnesota," said Backstrom. "It's going to be a big problem."

"I think there's going to be a lot more blood and urine tests asked for," said Derek Patrin, an attorney involved in the cases decided by the Supreme Court. "And that will back up the BCA. They're short-staffed already, and with the budget crisis we've got already, well, that's one of the reasons they wanted to use the Intoxilyzer in the first place. It was inexpensive to use."

Andy Skoogman, a spokesman for the Department of Public Safety, the BCA's parent agency, said officials there felt it was "premature" to stop using the Intoxilyzer. But he said the lab would be able to handle the workload if police agencies switched to blood tests and urinalyses.

"The BCA will make adjustments," he said. "We'll look at retraining staff and perhaps look at purchasing more test kits until this situation is resolved."

The Intoxilyzer 5000EN is the standard device used by Minnesota police to determine if a driver is impaired. The state bought 260 of the machines from the manufacturer, CMI of Kentucky, in 1997, and state law presumes the devices' results to be reliable.

The device is used with nearly eight of every 10 suspected drunken drivers who are tested in Minnesota.

But defense attorneys have argued that if they can't examine the source code, the computer program that runs the machine, they have no way to tell if the Intoxilyzer is reliable. District judges across Minnesota have handled defense requests for the source code with a patchwork of rulings: Some say a defendant has a right to examine it; others say it isn't relevant.

The Supreme Court's ruling came in two driving-while-impaired cases that Backstrom's office prosecuted. In each, district judges ordered that the source code be turned over to the defendants, but when Backstrom appealed to the Minnesota Court of Appeals, the rulings were overturned.

The appeals court said the defendants hadn't shown why getting the source code was relevant to their guilt or innocence.

But the Supreme Court said that at least one of those defendants showed that the code was relevant. The court noted in its 18-page ruling a list of evidence that defense attorneys may now use as a blueprint to request the source code.

Police had stopped the defendant, Timothy Arlen Brunner, 38, of Farmington, in July 2007 and the Intoxilyzer showed his blood-alcohol content was 0.18. Minnesota law presumes that a driver with a concentration greater than 0.08 is impaired.

Patrin, his attorney, asked a district judge to order prosecutors to turn over the source code. He accompanied his request with a memorandum and nine exhibits. Among them: a computer science professor's testimony that defects had been found in the code used in voting machines, as well as a report saying problems had been found in the code used in the breath-testing machine used by police in New Jersey.

The Supreme Court said Brunner's submissions "show that an analysis of the source code may reveal deficiencies that could challenge the reliability of the Intoxilyzer and, in turn, would relate to Brunner's guilt or innocence."

Skoogman, the Department of Public Safety spokesman, said the agency was disappointed in the ruling.

"We feel it is premature at this stage of the game for our law enforcement partners to test for only blood and urine," Skoogman said. "We continue to stand by the Intoxilyzer and the accuracy of the test results. Our message to law enforcement is to stay the course at this point as we examine our options."

The state's access to the source code is the subject of a separate lawsuit in U.S. District Court. Hearings are scheduled in the case May 22 and June 4.

Backstrom said the source code issue would haunt prosecutors until it is resolved, and the Supreme Court decision makes things worse.

"I believe that this decision is a significant setback to law enforcement's ability to protect our communities from drunk driving, at least in the short term," he said. "We're not going to be able to use the Intoxilyzer machine until we get the source code."

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Man sleeping in car charged with DWI in New York

Buffalo, NY

Ouch.

A Hamburg man was arrested early Sunday after troopers found him asleep at the wheel of his vehicle with the motor running and lights on at an Elma gas station.

J.G.B., 37, of Haviland Place, was charged with aggravated driving while intoxicated.

Biddlecom was seen driving erratically shortly after 2 a. m. on Southwestern Boulevard in Orchard Park and West Seneca. Troopers said they found him at the Kwik-Fill gas station on Transit Road in Elma.

Troopers David Schwing and Christopher Sullivan took Biddlecom back to the State Police barracks in Elma, where his blood-alcohol content was measured at 0.22 percent. Biddlecom was charged with aggravated DWI be-cause the reading was above .18.

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Minnesota man gets 2 DWI tickets within 2 hours

Forest Lake, MN

The judgment of the cops was as bad or worse bad as the man they arrested twice...and the cops (presumably) hadn't even been drinking.

It just wasn’t a good night for a Stacy man who was arrested twice by police in Forest Lake within two hours for driving while intoxicated.

The man was given two tickets and spent the night in the Washington County Jail after being arrested for the second time at 1:49 a.m. on Tuesday.

It all started at shortly past midnight when Johnson was pulled over by a Forest Lake officer for suspicion of drunk driving.

According to Forest Lake police reports, Johnson’s truck was seen leaving the Northland Mall parking lot and turned north on US-61 (Lake Street) without signaling a left turn. After the vehicle crossed over the center line, it was stopped by police on Lake Street at 11th Avenue.

Johnson was taken to the Forest Lake Police Station where he posted a breath test of .15, nearly twice the legal limit and was ticketed for fourth-degree DWI.

He was released to a sober party and convinced police to not tow his vehicle which had been parked on 11th Avenue and would be moved by a sober party.

The first arrest came at 12:34 a.m.

At 1:49 a.m., a second Forest Lake officer, not directly involved in the first arrest, observed Johnson’s white truck traveling on US-8 near the I-35 exit at a speed roughly 15 miles per hour below the posted limit.

The truck was stopped and Johnson was found driving the vehicle.

He was taken into custody and transported to the Washington County Jail in Stillwater where he was charged with a second count of fourth-degree DWI, police said.

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Stratham, MA police chief arrested on DWI charge

Stratham, NH

Police Chief Michael Daley was arrested in North Hampton on drunken driving charges, the Portsmouth Herald reported today.

Daley has been placed on paid administrative leave and has announced he will retire June 1, though the latter was not attributed to his arrest.

Daley was arrested by North Hampton police at 1:41 a.m. April 11 and charged with driving while intoxicated and transporting alcohol, according to Lt. John Scippa of the North Hampton Police Department.

"I can’t confirm anyone’s employment, but I can confirm that a Michael J. Daley was arrested for DWI and transporting alcohol at North Hampton State Beach," Scippa said.

Asked what brought Daley’s vehicle to the attention of a North Hampton officer, Scippa would not comment.

"I can’t get into the details of the case because the matter is pending in court," the lieutenant said. "I can confirm the arrest and that his car was towed."

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Ohio man seeks trial over getting DUI on motorized barstool

Newark, OH

If you can't get drunk on a bar stool, where can you get drunk?!

An Ohio man says he is seeking a jury trial on a charge of driving under the influence that was slapped on him after he crashed the vehicle he was piloting -- a barstool.
The barstool was welded to a small metal frame attached to a five-horsepower lawnmower engine.

The barstool was welded to a small metal frame attached to a five-horsepower lawnmower engine.

"It was just an accident. I mean a little minor accident," Kile Wygle, 28, explained in an interview this week with CNN affiliate WSYX.

His homemade vehicle was made from a barstool welded to a small metal frame attached to a five-horsepower lawnmower engine, four wheels and a lawnmower steering wheel, according to the Newark, Ohio, police accident report.

Officers responding to a report of a crash with injuries March 4 said they found Wygle nursing his injuries and highly intoxicated. According to the police report, when asked how much he had had to drink, Wygle responded, "a lot."

He crashed during his attempt at a U-turn while speeding down the street in front of his home -- a daring move from atop the specialized barstool even for the most nimble and sober of men. Measuring 6-foot-1 and 230 pounds, and after having consumed what he later told an officer was 15 beers, Wygle appeared to be neither.

He was treated at a hospital for minor injuries.
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According to the police report, Wygle claims his unique vehicle can reach a speed of 38 miles per hour, though at the time of the crash he was going around 20.

He entered a plea of not guilty

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"Hungry Eyes" crooner Eric Carmen in the clink for DUI

First off, I take issue with the above headline from E! Online. Hungry Eyes was recorded in 1987, released on the Dirty Dancing soundtrack and peaked at #4 on the charts.

By then, Eric Carmen's best years were behind him. His career peaked over a decade earlier, in 1976, when he left The Raspberries and released "All by Myself" which landed at #2. All by Myself is the song for which Eric Carmen always will be known (and loved?).



Bedford, MA

BEDFORD -- Bedford Municipal Court Judge Peter J. Junkin sentenced Raspberries' lead singer Eric Carmen to 180 days in jail, with 150 days suspended, and a $1,000 fine today after finding him guilty of driving while under the influence of alcohol last September, according to court officials.

Junkin has scheduled Carmen to report to the Solon City Jail at 8 a.m. April 25 to begin his sentence. Carmen is expected to serve until 8 a.m. May 24, court officials said.

Carmen's driver's license also remains suspended until Sept. 9, 2009, with the exception of occupational, medical and probational driving.

Junkin also required Carmen to have installed an ignition interlock system in his SUV, a device designed to prevent someone from driving if intoxicated.

Carmen also will be subject to alcohol testing and has to continue with an alcoholism prevention program he has been attending already.

Junkin also found him guilty of failure to control his vehicle and fined him an additional $150. Junkin dismissed the third charge against Carmen, a blood alcohol charge.

Adding in the $362 in court costs, Carmen paid a total of $1,362 before he left the courthouse, according to Chief Deputy Court Clerk John Garmone.

Carmen had changed his "not guilty" pleas to "no contest" on all three charges before Junkin found him guilty on two of the charges.

On Sept. 9, just before 7 p.m., Carmen crashed his black 2008 Range Rover into a fire hydrant on Chagrin Boulevard in Orange Village.

A blood alcohol test at Bedford Heights Jail later that night showed Carmen's blood alcohol level at .234, almost three times the legal limit of .08.

Orange Village police charged him with operating a vehicle while under the influence of alcohol and failure to control his vehicle.

He had pleaded not guilty to all charges on Sept. 12 through his attorney, his brother Fred Carmen.

In March 2007, Carmen was arrested by Gates Mills police for OVI after driving his Lexus SUV off SOM Center Road there, hitting a mailbox and a sign, then ending up in someone's front yard.

At his 2007 court appearance, Carmen pleaded no contest to the charges. The judge fined him $750 and sentenced him to 30 days in jail, with all but three of those days suspended.

The Raspberries started in Cleveland in 1972 with the Top 5 hit "Go All the Way." Three other Top 40 singles followed.

In 1974, Carmen also launched a successful solo career.

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$500,000 bond for cop accused of DUI in double-fatal crash

Chicago, IL

Bail is set at $500,000.00 for a cop charged with two counts of reckless homicide, two counts of driving under the influence and one count of leaving the scene of an accident. He posts $50,000 (10%) and is released. Protect and serve...

Emotions were high and tempers flared Sunday when the Chicago Police detective charged with killing two men in a drunken-driving accident was given what some of the victims' friends and relatives thought was a low bail.

"This man should be in jail," Andrew Cazares' friend Kenny Dennison Jr. said after Cook County Judge Donald Panarese Jr. set a $500,000 bail for Joseph Frugoli.

"I feel sick to my stomach about this; $50,000 [bond] for two lives doesn't make sense."

Nearly 70 relatives and friends for Cazares, 23, and Fausto Manzera, 21, sat quietly in Panarese's packed courtroom Sunday.

But outside, a few loudly expressed their opinions, insisting that because Frugoli was able to post bond, it was all a police conspiracy.

Freed on bail, Frugoli walked out the facility's main entrance on California Avenue at about 2 p.m., said sheriff's spokesman Steve Patterson.

Cazares and Manzera died in a fiery crash Friday when an intoxicated Frugoli plowed into the back of their disabled car on the Dan Ryan Expy., prosecutors said.

Frugoli, 41, also has been involved in two other serious wrecks, adding to the frustration of the victims' loved ones.

Frugoli has been charged with two counts of reckless homicide, two counts of driving under the influence and one count of leaving the scene of an accident.

"My client and his family are heartbroken over the incident," said Frugoli's lawyer, Gregg L. Smith. "He did not set out that night to harm anyone."

Cook County sheriff's officers Sunday got the small crowd under control and took one man into custody for his own safety, but he was not charged and later released, sources said.

The victims' immediate relatives clung to each other as they left the courthouse. They were not involved in the outside disturbance.

"This is a very sad day for all of us," Cazares' cousin Erik Franco said. "But we respect the decision made here today."

Michael Rihani, Manzera's brother-in-law, said the magnitude of the loss is just beginning to sink in.

Frugoli, an 18-year police veteran, has been relieved of his police powers. He is due back in court today.

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Baseball Mourns Nick Adenhart

Angels Pitc her Is Killed Hours After '09 DebutAngels Pitcher Is Killed Hours After '09 DebutBaseball mourned the loss of one of the game's most promising young pitchers yesterday after Los Angeles Angels right-hander Nick Adenhart, a 22-year-old from Hagerstown, Md., was killed along with two others in an early morning hit-and-run automobile accident in Fullerton, Calif. He was killed just hours after making a successful 2009 setson debut.

Adenhart, 22, died after the Mitsubishi Eclipse in which he was riding with three other people was struck by a minivan that allegedly ran a red light not far from Angel Stadium, where Adenhart had thrown six scoreless innings in the Angels' loss to the Oakland Athletics. Two people in the Mitsubishi were pronounced dead at the scene, while Adenhart and a fourth person were taken to a nearby hospital.

Adenhart underwent emergency surgery but died yesterday morning. The fourth person was in critical condition but is expected to survive.

The minivan's driver, identified by police as Andrew Thomas Gallo, 22, of Riverside, Calif., left the scene by foot but was apprehended nearby. Gallo, who according to police was driving on a suspended license from a previous conviction for driving under the influence, was booked on three counts of murder, three counts of vehicular manslaughter, felony hit-and-run and felony driving under the influence of alcohol.

An Angels spokesman said that Adenhart's father, Jim, had flown to California to see his son's season debut Wednesday night and was "obviously going through a great deal of grief." The spokesman said Adenhart's mother, Janet, was expected to fly to California yesterday evening.
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Adenhart "lived his dream and was blessed to be part of an organization comprised of warm, caring and compassionate people," Adenhart's parents said in a statement released through the team. "The Angels were his extended family. Thanks to all of Nick's loyal supporters and fans throughout his career. He will always be in everyone's hearts forever."

The accident occurred just before 12:30 a.m. PDT. The driver of the Eclipse, who was among the deceased, was identified as Courtney Stewart, 20, of Diamond Bar, Calif. She was described as an acquaintance of Adenhart's who had accompanied him to a country music nightclub called In Cahoots after the game. Henry Nigel Pearson of Manhattan Beach, a 25-year-old passenger in the car, also was killed.

Adenhart, who attended Williamsport High outside Hagerstown, was a former 14th-round draft pick and the Angels' top-ranked prospect entering this season, according to Baseball America. He made the team's rotation partly because of injuries to three other starters. His start Wednesday night was the fourth of his big league career; he made three starts during a brief call-up last May.

"Obviously we're all in a state of shock," Angels General Manager Tony Reagins said at a news conference in Anaheim. "It's difficult to put into words how much Nick will be missed. He was a great person, and we are going to deeply miss him."

The Angels-Athletics game scheduled for last night was postponed, and a moment of silence was observed at other major league ballparks.

In the visiting clubhouse at Oriole Park at Camden Yards yesterday morning, the New York Yankees were preparing for an afternoon game against the Orioles, but the clubhouse stereo was turned off and all conversations ceased the moment the news went up on the television set. Players gathered around and watched grimly.

"You think of a young man who realizes his dream and pitches six shutout innings, and drives home and is gone," said Yankees Manager Joe Girardi, wiping away tears as he spoke of Adenhart. "Life is not supposed to be like that. I didn't even know the kid, and it's hard for me. He's just a little boy who dreamed about playing in the big leagues."

Orioles reliever Dennis Sarfate worked out with Adenhart over the winter near their Arizona homes, and called Adenhart a "really nice guy with a really bright future."

"You don't feel like playing after you hear something like that," Sarfate said. "It's one of those days where you just want to go home and hang out with your family for the day. You just feel terrible."

Adenhart was a phenom from an early age. At 11, he pitched his Little League all-star team to the state championship. At 12, he was so overpowering a rival coach was moved to say of him: "It was absolutely incredible. I'm telling you, it was him and the catcher, and that's all they needed. I mean, you had no chance." At 16, Baseball America named him its Youth Baseball Player of the Year.

"He always played with older guys, and he carried himself like a big leaguer when he was 16," said Dean Albany, an Orioles scout who coached Adenhart on summer league teams as a teenager. "This kid had moxie, but he was always humble and always about the team. This news is just sickening."

He attended Saint Maria Goretti High in Hagerstown as a freshman and sophomore before transferring to Williamsport, where he quickly became dominant. "He's the best I've ever seen," South Hagerstown Coach Ralph Stottlemyer told The Washington Post in 2004.

Adenhart opened his senior season by throwing a perfect game, and he finished 5-1 with an 0.73 ERA and an average of 19.8 strikeouts per nine innings. The No. 1-ranked high school prospect in the country by Baseball America, he was projected to be taken in the first few picks of the major league draft. But in the final regular season game, he suffered a torn ligament in his elbow, requiring ligament-replacement surgery. The injury kept him from pitching in the state playoffs and caused him to fall to the 14th round of the draft, where the Angels took him.

Adenhart, a solid student with a 3.2 GPA and a 1240 SAT score, was prepared to attend the University of North Carolina until the Angels offered a deal: a $710,000 signing bonus (equating to roughly a second-round pick) and the freedom to take two semesters of classes at Arizona State while rehabbing his surgically repaired elbow. Adenhart signed.

After recovering from the injury, he rose through the Angels' farm system, ranking as the organization's sixth-best prospect in 2006 and its second-best in both 2007 and 2008, according to Baseball America. This spring, despite some struggles at both Class AAA Salt Lake City and the major league level in 2008, Baseball America ranked him No. 1 in the Angels' system.

In spring training, he was given the chance to compete for a spot in the Angels' rotation, but wound up making it easily with veterans John Lackey (forearm strain), Ervin Santana (strained elbow ligament) and Kelvim Escobar (labrum surgery) all sidelined with injuries.

Adenhart's start Wednesday night was by far the best of his brief big league career. He struck out five batters and held the A's scoreless through his six innings, departing with a lead that the Angels' bullpen wound up blowing. After the game, he visited outside the clubhouse with his father and his agent, Scott Boras, before heading off with his friends.

"He summoned his father the day before and said, 'You'd better come here, because something special is gonna happen,' " Boras said at a news conference. Adenhart, he said, "was so elated. He felt like a major leaguer."

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Illinois driver who hit courthouse suffers broken neck, charged with DUI

Benton, IL

Oops! This guy must be related to the man who drove the car in the picture.

A Benton man who drove his car into the Franklin County Courthouse on Tuesday suffered a broken neck and has been charged with DUI and several other offenses.

Brandon Mandrell, 28, was headed west on East Main Street about 4:30 p.m. Tuesday when he failed to slow down to make the right hand turn to continue around the Benton Square.

Mandrell's car continued straight through two open parking spots, struck a concrete base separating the sidewalk and courthouse lawn, continued into the air and struck a tree before coming to rest upside down and propped against the building. No bystanders were injured.

Mandrell was taken by ambulance to Franklin Hospital in Benton and transported to an Evansville Hospital. He was charged with DUI, no seat belt, driving too fast for conditions and illegal transportation of alcohol, according to Franklin County Sheriff Bill Wilson.

The force of the vehicle hitting the concrete barrier shot chards of concrete, rock and mud through the window of Circuit Clerk Donna Sevenski's office, Wilson said. As the car struck the side of the building just outside the wall where her desk is located, the window frame flew from the building, shattering glass throughout the room, and banging the wooden frame against her open doorway.

"My office staff had just left," Sevenski said. "I was going to go into my office and take some papers in and close down for the day. I had the papers in my hand and then my cell phone rang, so I put the papers down and it was my son."

Sevenski said she stood outside her doorway, talking to her son on the phone, before going into her office. It was just then that she heard the loud noise of the car striking the building and saw the debris fly throughout the office.

"I was in the courthouse alone and I was so frightened," she said. "I thought it was a bomb. I stepped over and called the sheriff's office and they told me to evacuate the building. I am very fortunate. It (debris) went out into the clerk's office through my open door. The window frame hit my doorway. If it would have hit me, it would have been bad."

Sevenski said she is still a bit shaken up but returned to work at 7 a.m. Wednesday to find her office a wreck.

"There is lots of broken glass and mud everywhere," she said. "I appreciate all the calls of people checking on me."

Election night headquarters is generally stationed at the courthouse but Sevenski said the overwhelming smell of gasoline forced activities to be moved Tuesday night to the county's annex building, about a block away.

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MADD honors cop accused of making false DUI arrests in a scheme to make extra pay

Chicago, IL

Nobody familiar with the DWI industry should be surprised that MADD would honor a cop accused of making false DWI arrests to log more overtime and make more money. The whole point of the DWI industry is to make more money. This cop made 303 DWI arrests in 18 months. Why would MADD care if some (or all) of those DUI arrests were false arrests?!

Seven federal lawsuits have been filed against a Chicago police officer that allege he made false DUI arrests, used excessive force and harassed gays and lesbians.

On Thursday, four Chicagoans filed lawsuits against Town Hall District Police Officer Richard Fiorito in U.S. District Court in Chicago. Three other people filed lawsuits in February.

All the plaintiffs accuse Fiorito of violating their civil rights by falsifying DUI charges and other traffic violations against them.

Last year, Mothers Against Drunk Driving honored Fiorito for making 313 DUI arrests between Jan. 1, 2007, and June 6, 2008, according to the group's Web site.

Attorney Jon Erickson said Fiorito made up DUI charges in a scheme to earn extra overtime pay.

Fiorito could not be reached for comment.

In some of the lawsuits, the plaintiffs have also said excessive force was used against them, including in a suit filed in February, which alleges Fiorito grabbed Shawn Rauch by the throat in the police station, shoved him against a wall and called him a slur for a homosexual.

Of the cases filed, prosecutors dismissed DUI charges against two plaintiffs, and a jury found another not guilty of DUI. In another case, a judge ruled the officer had no grounds to arrest the plaintiff for DUI, Erickson said.

Jennifer Hoyle, a spokeswoman for the city's Law Department, wrote in an e-mail that the city was reviewing the cases and could not comment on the allegations.

Officials at the city's Independent Police Review Authority, which looks into allegations of excessive force and bias-based verbal abuse by officers, said the authority has received complaints, and they are being investigated.

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Charges against DUI taks force officer jeopardizes 200 DUI cases

Miami, FL

A DWI cop copping feels is busted amid allegations of "deliberate and unwelcome touching" of and "inappropriate contact" upon women he pulled over.

The Sheriff's Department is withholding details about the "nature of the batteries."

If he wasn't a cop, but a civilian charged with being a lecherous pig, do you think a single, sordid detail of the charges would be withheld? I don't.

Dozens of DUI cases in Broward County Click here for restaurant inspection reports have been dropped or downgraded because a former sheriff's deputy is accused of inappropriately touching women during traffic stops.

Charles E. Grady Jr., a nearly 12-year veteran with the agency who worked with the DUI task force, resigned Wednesday. He had been suspended since December, when the Sheriff's Office began an investigation.

Broward prosecutors filed charges Monday accusing Grady, 39, of two misdemeanor counts of battery for incidents reported during traffic stops last year.

Each of the first-degree misdemeanors is punishable by up to a year in jail.

Grady's attorney, Alberto Milian, declined to comment Thursday.

The reported Sept. 19 incident stemmed from Grady's DUI arrest of a 38-year-old Boca Raton woman. She was arrested at 3:17 a.m. not far from Solid Gold strip club, where she worked as a dancer.

And on Dec. 19, a 20-year-old Coral Springs woman was stopped at 2:45 a.m. She later complained to Fort Lauderdale police that she "experienced inappropriate contact" during the traffic stop.

Sheriff's Office spokesman Jim Leljedal declined to provide details about the nature of the batteries.

"The misdemeanor battery charge would indicate that there was deliberate and unwelcome touching," he said.

In a statement, Broward Sheriff Al Lamberti said: "I'm extremely disappointed. It disturbs me when any law enforcement officer is accused of tarnishing the badge."

A preliminary case count shows Grady was involved in more than 200 pending DUI cases, said Ron Ishoy, spokesman for the Broward State Attorney's Office.

"Dozens of cases have been affected so far, either with a changed charge or [a dropped charge]," he said. "We have been reviewing each of those cases to determine their strengths and weaknesses with or without his testimony. Some cases have been, or will need to be, dropped."

Todd Onore, defense attorney for the Boca Raton woman, said his client's case is pending and he hopes prosecutors will offer her a reduced charge.

Grady is scheduled for arraignment May 13 before County Judge Robert Diaz.

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Intoxicated driver’s stranded Ferrari plowed by train in Sherman

Sherman, TX

Recipe for a bad day:

1. Get your Ferrari stuck on railroad tracks.
2. Watch your stuck Ferrari get hit by a train.
3. Get arrested for DWI.

Police responded to a bizarre accident early Wednesday morning in Sherman involving a train and a Ferrari, and a very lost and intoxicated driver. First News obtained the 911 call made from the scene early Wednesday morning.

Police say around 3:30 a.m. an intoxicated driver managed to get his 2000 Ferrari stuck on a set of railroad tracks on Howe Drive in south Sherman.

The driver, Jeff Sabold, 48, called authorities for help. They told him to get out of the car shortly before the train he told them he saw approaching slammed into his vehicle.

The car was a total loss. Police say low ground clearance may have been what caused the car to get stuck.

"This is a good example of why people should not operate a vehicle while driving intoxicated. Your judgment is impaired, you not only put yourself in danger, but you put everyone who is in reach of your vehicle in danger to include trains," Sgt. Bruce Dawsey of the Sherman Police Department said.

No one was injured. Sabold was arrested for driving while intoxicated. Additional charges are pending.

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Virginia backs down from drunk driving charge after attorney threatens to test accuracy of breathalyzer machine

Fairfax, VA

Questioning dogmatic faith in the machine...

A Fairfax County, Virginia General District Court judge earlier this month backed away from driving under the influence of alcohol (DUI) charges filed against a motorist after a defense attorney cast doubt on the accuracy of the county's breath testing machines. Police and courts often entrust machines like the ten-year-old Intoxilyzer 5000 with the authority to exonerate or convict a motorist of serious charges that carry significant monetary penalties, loss of license and jail time. Richmond DUI attorney Bob Battle found that this particular machine, which is being phased out in Virginia, has a significant weakness.

"When I got the records of the machine, it showed that one of the motors -- it's called a chopper motor -- had been replaced," Battle explained. "I found out that Virginia bought a bunch of replacement motors from random companies and they couldn't even tell you what motor was in there... it's very important what they are, and if they measure that the Ohms that they use, the frequency, is different than the original, it's going to cause the whole contraption that is this Intoxilyzer 5000 to be inaccurate."

Electrical engineer Thomas Workman, a former quality manager for Hewlett Packard, explained the importance of this particular motor to the Intoxilyzer 5000.

"If a replacement motor rotates at a faster RPM, then the processor may not have enough time to complete all the computations it must perform each revolution of the wheel (since there are more computations that must be done, since there are more revolutions of the wheel per unit of time)," Workman wrote. "Make the motor turn slower and the problem is that the software thinks that slopes are not being met when they should be, making the mouth alcohol detector faulty."

Although the general principles behind the machine's components are well known, the software used to generate the final calculation that determines guilt or innocence is held to be a "trade secret." Manufacturer CMI Inc. has refused to disclose the source code that would allow an independent analysis of the device. The state Department of Forensic Science guidelines only recommend testing Intoxilyzer machine components with an oscilloscope -- something the state has never done.

Presented with the evidence on the motor issue, the judge in the Fairfax County case agreed to allow experts to test the breath machine for accuracy. To avoid this, the prosecutor offered to reduce the DUI charge to reckless driving allowing the accused to keep his license -- a deal too good to turn down. Battle believes one day the machine will eventually be tested.

"I sincerely believe it's going to be like that scene from the Wizard of Oz," Battle said. "Once they roll back that curtain, they're going to find that this machine is not the perfect machine they try make it out to be -- that this is an outdated contraption. That's why Virginia, when they contracted for the new replacement machines, one of the conditions was that it couldn't have this type of motor in it."

In 2007 the General Assembly appropriated $1.8 million to replace the Intoxilyzer 5000. At the time lawmakers argued that replacement was necessary because machines like the Intoxilyzer were "dated, unstable and unreliable."

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New Jersey cop convicted of DWI after 2005 crash in 2nd accident, charged DWI again and suspended

Hudson County, NJ

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]

Hudson County Sheriff Juan M. Perez has suspended the sheriff's officer who was already on modified duty when she was arrested in Manhattan on a drunk driving charge this weekend, officials said.

Officer Aleisha Cruz, 30, of Kearny, was suspended without pay yesterday pending the outcome of the police investigation triggered by her arrest at 4:15 a.m. Sunday at 42nd Street and Dyer Avenue, officials said.

Cruz was apparently involved in a collision near the mouth of the Lincoln Tunnel, and Port Authority police arrested her based on her behavior after she refused to take a Breathalyzer test, officials said.

On March 16, 2006, Cruz pleaded guilty to drunk driving and refusing to take a Breathalyzer test in connection to a July 2005 incident in Lyndhurst, officials said.

In that incident, Cruz became enraged when her date told her he wasn't going to spend the night with her and she repeatedly drove her 2005 Ford Explorer into his car, cops said. When he got out of the car to calm her down, she struck him with the SUV, but he wasn't seriously injured, police said.

Criminal charges of aggravated assault and assault with an automobile were filed against her, but she entered a pre-trial intervention program and the charges were to be dropped if she stayed out of trouble for 18 months, officials said at the time.

Since then, Cruz has been unable to carry a gun based on an order by the Bergen County Prosecutor's Office -- which handled the Lyndhurst case -- and has been assigned duties that can be performed by an unarmed officer, a sheriff's office spokesman said.

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Prosecutor drops DWI charge against man with 0.00 blood-alcohol , says can't prove case beyond a resonable doubt

Atlantic City, NJ

This case clearly illustrates the insanity caused by the DWI industry. This 47 year-old man was arrested and charged with DWI and reckless driving after stopping at a sobriety checkpoint roadblock, despite the admitted facts that (1) no improper driving was observed and (2) a Breathalyzer test resulted in a blood-alcohol reading of 0.00 percent.

He was arrested and taken to jail, his car was towed from the scene, and he had to hire an attorney to defend him against the charges.

The city prosecutor admitted Wednesday she had no case against a Somers Point man who had been charged with drunken driving even though he registered a blood-alcohol reading of 0.00 percent.

Michele Verno dropped both the DWI charge and a reckless driving charge against Tyrone Foxworth on Wednesday in municipal court, saying she could not prove the case beyond a reasonable doubt.

Afterward, Foxworth, a black man who in 2003 led a rally against racial profiling in Linwood, and attorney Justin Laughry questioned whether race was a factor in the initial arrest.

"It's a question in our minds," said Laughry, "and we have to reflect on it."

It was about 3 a.m. Nov. 27, Thanksgiving morning, when Foxworth approached a DWI checkpoint along Shore Road while driving with two friends.

Verno told Judge Matthew Powals that standard procedure at such checkpoints is for every fifth vehicle to be flagged and pulled over.

"I felt as though the stop was arbitrary," Foxworth said Wednesday, "although I agree that there are procedures and practices they're supposed to follow."

When asked by police if he had been drinking, Foxworth said he answered no. He was then asked to perform a sobriety "balance" test, he said, after which he was placed under arrest for drunken driving. A Breathalyzer test, however, resulted in a blood-alcohol reading of 0.00 percent.

It was unclear whether it was alcohol or drug use that was initially suspected by police, however. Laughry said one of the passengers may have been drinking - leading to an the odor of alcohol in the car - while the arrest report by Officer Kristina Ramsi states that Foxworth was suspected of being "under the influence of alcohol/drugs."

Northfield police Chief Robert James said only that there was a "suspicion of intoxication."

"I don't want to say alcohol or narcotics," James said Wednesday.

Foxworth denies using either drugs or alcohol that night. In any event, there could be no evaluation of drug use anyway, since there was no drug-recognition expert available at the time of the arrest.

"It was a multijurisdictional DWI checkpoint," James said. "Officers for several departments were involved. We followed procedure and followed the guidance of the legal adviser on call that weekend."

Foxworth, James said, "was in one of the last cars to go through the checkpoint." Northfield does not have its own drug-recognition expert, he said, and the department had been "utilizing an officer from another agency that had already been released for the night. We were unable to locate (another) one."

No blood or urine was taken for testing, Verno told the court - "And even if they had a drug-recognition expert, I doubt they would have," Laughry said.

The reckless driving charge was tied directly to the DWI charge, and Powals made sure to enter into the court record that there was "no observed improper behavior" on Foxworth's part.

"They didn't pull him over because he was doing anything wrong," Powals said. "It was random."

Foxworth was one of four people to be charged with DWI that night at the checkpoint, which had been featured in a Dec. 1 story in The Press of Atlantic City examining the effectiveness of such stops.

"I presume that their endgame required me to at least get an attorney to get to the bottom of this," Foxworth said of why he believed the charges were not dropped earlier. "I'll be reviewing my options with my attorney how to proceed with regard to whether my constitutional rights were violated."

Foxworth led a rally against racial profiling targeting the Linwood Police Department in 2003. He had been pulled over and charged with DWI in April 2003 by a Linwood officer who, Foxworth said, "lost his temper" and approached him "in a threatening manner."

In an interview in January, Foxworth was more vocal about the Northfield case.

"I don't think any other driver was stopped and got a reading of 0.00 and was issued a DWI," he said. "My car was towed, I had to pay to get my car out and I had to hire an attorney. ... The issue here is simple. I'm 47 years old, and I know that race is an issue in this country. The only way to change that is with exposure."

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Man arrested for DWI after driving to police station to visit friend arrested earlier for DWI

Spring Valley, NY

OOPS!

The Rockland County Sheriff's Department today arrested a man on a drunken driving charge after he came to headquarters to assist a friend who had been pinched on the same charge.

Sergei Marincenko, 22, of Fairview Avenue in Spring Valley, was arrested at 5:10 a.m. today and charged with operating a vehicle with a blood alcohol level of .08 percent and driving while intoxicated, both misdemeanors, the Sheriff's Department said.
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Marincenko went to the Sheriff's Department to visit a friend who was under arrest for an unrelated DWI charge. Marincenko was seen driving his vehicle in a restricted area, was stopped and was found to be intoxicated, police said.

He was arrested, processed at the Sheriff's Department and released on a summons. He is due in Clarkstown town Justice Court March 23.

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Texas prosecutor busted for DWI

Austin, TX

hypocrite
Main Entry: hyp·o·crite
Pronunciation: \ˈhi-pə-ˌkrit\
Function: noun
Etymology: Middle English ypocrite, from Anglo-French, from Late Latin hypocrita, from Greek hypokritēs actor, hypocrite, from hypokrinesthai
Date: 13th century
1 : a person who puts on a false appearance of virtue or religion
2 : a person who acts in contradiction to his or her stated beliefs or feelings
— hypocrite adjective

Austin police arrested a Travis County prosecutor Saturday on the charge of drinking and driving.

Richard Gentry, who works at the Travis County Attorney's Office, was pulled over on West 6th Street for a traffic violation, according to Austin police.

They say an officer gave Gentry a field sobriety test and he agreed to take a breathalyzer test. According to police, Gentry's blood alcohol level was .18. The legal limit in Texas is .08.

Travis County Attorney David Escamilla told KEYE Monday Gentry has submitted his resignation. Escamilla will appoint a special prosecutor to handle the case to prevent conflict of interest.

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Save a Life Tour is on the road, cashing in on DWI prevention

Utica, NY


The Save a Life Tour is the cash cow brainchild of Kramer Entertainment, Inc., "The Nations Leader in High-Tech Entertainment and Attractions."

Kramer Entertainment is a full service agency providing high-tech, crowd gathering entertainment and attractions to colleges, universities, corporate events, conventions and places of business. Attractions include drunk driving simulation and awareness programs, full-motion NASCAR simulators, live acts, interactive events, games shows and much more. Kramer Entertainment is located in Grand Rapids, MI and has been in business since 1949.

Kramer rakes in a per event charge of about $5,000, but that's not all. They also shamelessly go after corporate sponsorship money, including paid product placement in the simulation. Still can't afford the $5k charge, don't worry. Kramer provides information on funding possibilities to help pay their fee.

The Save a Life Tour visits over 250 locations annually. That's $1,250,000 per year in event fees. Not bad for a traveling video game. One only can imagine how much more Kramer is collects in corporate sponsorship fees.

The DWI industry is just that. It's an industry.

Utica College junior Andrew Demyan was swerving all over the road Monday afternoon. He barely missed hitting a woman on the sidewalk as he over corrected after turning down a street.

“I felt like I was driving drunk,” the 21-year-old said after he stepped out of a drunk driving simulator set up in the student center of the college. “I’m definitely going to throw my keys at people when I drink.”

The simulator was part of the Save A Life Tour that stopped at the college Monday for six hours to show students the consequences of drinking and driving.

Brian Beldyga, cofounder of the Save a Life Tour, said the program is designed to grab students at different levels. There is “the shock factor” of an open casket, the more than 30-foot simulator and screens, Beldyga’s speaking and videos showing victims of DWI crashes.

Nine-and-a-half years ago, Beldyga watched his fiancee die after a 19-year-old who had consumed three beers hit the car they were in.

While Beldyga wasn’t drinking that night, he said before that he had gotten behind the wheel “maybe 1,800 times” after drinking.

“I thought I was the exception to the rule,” he said.

Since then, he has toured the country hoping that someone who sees the presentation or drives in the simulator may someday take the keys away from a drunken friend.

“This is for the friend that knows it’s bad,” he said. “Maybe something they learn here will make them say ‘I’ll take the keys.’”

The simulator was sponsored by the Inter-Greek Council to help curb drinking and driving over spring break next week.

“We were looking for something different,” said Maureen Murphy, council advisor and assistant director of student activities. “This has the best shock factor and is real and in your face.”
In the more than nine years Beldyga has been doing the tour, he said he has never met anyone who admits to driving while drunk.

“They never cop to being drunk while driving,” Beldyga said. “Drunk to them is vomiting and you can’t say your own name. But we know it’s a problem. If you have one drink, you’re affected.”

Senior Matt Falso, 22, said he enjoyed the presentation.

“It’s a good tool to encourage people not to drink and drive,” he said. “I’m going to head back to the dorms and grab a couple of people to see it.”

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Schenectady police officer suspended, charged with DWI

A city police officer, apparently returning home from an off-duty fundraiser, was arrested Sunday in Colonie on misdemeanor charges of driving while intoxicated and leaving the scene of an accident, police said.

Officer Michael R. Brown, 27, a five-year veteran, was immediately suspended for 30 days without pay, Schenectady Police Chief Mark Chaires said. Chaires said the suspension took effect immediately after Colonie police released Brown on an appearance ticket.

Brown, of Pattersonville, is accused of rear-ending a vehicle at 10:15 p.m. Sunday on Route 9 at Menands Road, said Police Lt. John Van Alstyne. Brown also allegedly drove away from the accident. Colonie police found his vehicle two-tenths of mile away on Route 78 and police said he appeared to have been drinking.

Brown, who was not on duty at the time, refused a Breathalyzer test, Van Alstyne said. Refusal results in immediate revocation of the person’s driving license. Van Alstyne said police do not know Brown’s blood alcohol content.

Brown, however, smelled of alcohol as he spoke with a Colonie police officer at the scene, according to papers filed in court.

According to papers:

The accident had initially been called in as a hit-and-run, with one of the vehicles leaving the scene. But as the responding officer arrived, Brown’s truck was found stopped a short distance away.

Brown got out of his truck and was bleeding from his head. Blood ran down the front of his face and onto his clothes.

Brown admitted to driving the truck. He was also “very concerned” about the driver of the other vehicle. Upon asking Brown for identification, the officer spotted Brown’s Schenectady police badge in his wallet.

Brown told the officer he played in a band and had been coming from a fundraiser in Charlton to benefit a restaurant that had burned recently.

That was an apparent reference to an event for the Charlton Tavern, which was destroyed by fire Jan. 10. The fundraiser began at 8 p.m. at the Elks Lodge in Clifton Park, according to a published notice.

Brown also allegedly admitted to having a few drinks. There were several beers in the car, some full and some empty. He later told a doctor, in the presence of the officer, that his last drink was at 5 p.m.

As he was being loaded into an ambulance, Brown allegedly declined to take a breath screening test.

Brown’s injuries required a total of nine stitches to close.

The other driver’s injuries were minor, but she sought medical attention, police said. Van Alstyne did not have the woman’s name, nor the extent of damage to each vehicle.

Brown’s vehicle struck the other vehicle, which was stopped at a red light, according to police. The impact sent it the woman’s car into a third vehicle, Van Alstyne said. Brown was heading south toward Albany when the accident occurred. A witness called in the accident.

Chaires said Schenectady police have launched an administration investigation. “There will be some type of sanction. We have zero tolerance for driving while intoxicated,” Chaires said.

Brown came to the police force in 2004 after graduating from the police academy, Chaires said. Brown’s father, also named Michael Brown, is a longtime detective with the police force.

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Cop charged in DWI hit and run crash

Atlantic City, NJ

A 14-year veteran of the Lower Township Police Department is charged in a hit and run accident over the weekend.

Officials say just before 2 a.m. on Saturday morning, a gray dodge pickup truck swerved into the opposite lane and sideswiped a New Jersey Transit bus on Townbank Road near Bayshore Road.

Authorities followed scrape marks on the street to a home on Crawford Road and found a pick up truck with heavy front-end damage. Officer Douglas Whitten, 44, was charged with driving while intoxicated, leaving the scene of an accident and failure to report an accident.

Officer Whitten is suspended from duty.

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Big Brither interlock pics, photos show who blows into mouthpiece

Albuquerque, NM

Big Brother is watching you.

Convicted drunk drivers will find beating the system to be more difficult now that ignition interlocks come equipped with cameras.

Judges in Bernalillo County Metropolitan Court in Albuquerque will now start ordering some drunk drivers to use the camera-equipped devices.

The devices require someone convicted of DWI to blow into a mouthpiece to confirm they have not consumed alcohol before the ignition can be started.

Traditional interlock devices have been successful in ensuring most people with a history of DWI don't get behind the wheel drunk again, according to the state. However many of them have found ways around it often getting friends or family to blow into the interlock.

The camera device doesn't allow that. It takes a picture of the person who blows into it and then downloads the picture and information on blood alcohol level, so that judges, attorneys and others can see it.

That assures the correct person is behind the wheel.

Metro Court Chief Judge Judith Nakamura said the interlock cameras will not be required for everyone. A judge will have the discretion in which cases to order them, she said.

Unfortunately, Nakamura added, the cameras are necessary for many defendants.

"There are always people who are going to try and beat the system, and it's certainly important to use this tool with those folks," she said. "Ideally it would be great to have a police officer or probation officer following people convicted of crimes around.

"That's not possible, so for those who are trying to cheat in this manner, this is a great tool to have."

At this point the state is against making the cameras mandatory. State officials said in most cases the current interlocks are efficient, which is why they are leaving the decision up to a judge.

Using the camera interlock costs the driver an extra $1 a day. Offenders are responsible for paying for the device, but if they can't afford it there are state funds to help.

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Kansas man arrested for drunken driving on same day he was convicted of an earlier offense

Lenexa, KS

Proving that he's no quitter, a Kansas man ties one on and gets behind the wheel later the same day he was convicted of felony drunken driving by a jury (of his peers?).

Edward Homar must have had a sober moment Tuesday morning after a Johnson County jury convicted him of felony drunken driving, but Lenexa police allege it didn’t last long.

They arrested the Lenexa man late the same day for allegedly driving drunk again. He made his first court appearance Wednesday on a new felony drunken driving charge.

Homar, 60, will be sentenced in April for his first felony drunken driving conviction. He faces up to a year in jail for that, and he’ll still have to deal with the second case.

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Man charged last year in DWI fatality killed by suspected drunken driver

Pasadena, CA

Yet more evidence that truth sometimes is stranger than fiction...

A Pasadena man charged last year in what authorities said was a fatal drunken driving wreck was killed this week, apparently by a drunken driver.

Nicholas Hernandez, 25, was a passenger in a black Ford Mustang that struck a light pole in the 9100 block of the Gulf Freeway service road and rolled several times Thursday. He was ejected from the car.

Police believe the driver, Jose Resendez, 27, was drinking and expect him to be charged with intoxication manslaughter.

If convicted of intoxication manslaughter, Resendez faces anything from two years’ probation up to 20 years in prison.

Harris County Assistant District Attorney Brent Mayr said Hernandez was arrested after the Aug. 3, wreck which killed James Kelleher, 26, and his passenger, 23-year-old Suzanne Penland, who were hit head-on as they drove south on Texas 288.

Mayr said Hernandez was driving a Chevrolet Impala the wrong way on the highway and had a blood alcohol concentration of .30, more than three times the legal limit, when he hit the two friends who were in a Buick LeSabre.

Hernandez was convicted of driving while intoxicated in 2002 and again in 2003. Because a third DWI would be a felony, Mayr said Hernandez was charged in last year’s wreck with felony murder, which carries a sentence ranging from probation to 99 years or life in prison. He had been released from jail on $100,000 bond.

Mayr said he was going to ask jurors to sentence Hernandez to life in prison.

Felony murder is a charge that alleges that death occurred as a result of a felony, such as arson or burglary, but in this case, driving while intoxicated for the third time.

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Pedestrians are cited at Pennsylvania DUI checkpoint

Perry, PA

There's no better way to encourage people to not drink and drive than citing people for walking while intoxicated when they get near a DUI checkpoint intended to nab drunk drivers.

It's all about the Benjamins, baby.

Nudity, sexual acts and bags of cocaine on the dashboard are a few of the odd sights DUI experts have seen at checkpoints.

George Geisler Jr. of the Pennsylvania Driving Under the Influence Association tells the story of a driver who pulled up alongside a police vehicle before the checkpoint was even set up and confessed: "You've got me. I'm drunk."

But no one had heard of someone getting cited with public drunkenness while walking near a DUI checkpoint. Authorities said they thought the two pedestrians cited Saturday morning in Perry County were the first.

"That is a rather unique occurrence," said Geisler, who worked his first checkpoint in 1996. He and C. Stephen Erni, the executive director of the DUI Association, have manned checkpoints, and they run classes training police statewide how to effectively enforce the state's laws against driving under the influence.

"Most people, if they are walking and see a sobriety checkpoint, they go the other way," Erni said. "It's the first time I've heard of somebody walking through a sobriety checkpoint."

The two pedestrians, who were cited between midnight and 2 a.m. Saturday, were walking along and on state Route 34 in New Bloomfield when they were stopped at the checkpoint set up there, state police said. State police didn't release the men's names.

"We were not looking for them," said Cpl. Joseph Cigich of the state police in Newport. "They drew attention to themselves. If they had not been visibly drunk, we probably would not have had any encounter with them."

Cigich, who was at the checkpoint, said the men were staggering and holding each other up as they wove between the street and the berm. Both took breath tests and tested above the blood-alcohol limit at which drivers can be charged, Cigich said.

The two, who had parked their car nearby, were in danger because of their intoxication and were cited because of their behavior, Cigich said.

"It's obviously not against the law to walk after having a drink," he said. "But if you are intoxicated to the point you are creating a safety hazard, we have to get involved."

Perry County has been using DUI checkpoints for about two years, said District Attorney Charles "Chad" Chenot. This was the first time Chenot had heard of someone walking through a checkpoint.

Fran Chardo, a first assistant district attorney in Dauphin County, also could not recall hearing of someone walking through a DUI checkpoint. He said it's a person's behavior, not just drinking, that would leaded to charges.

"Being intoxicated in public is not the crime. It requires a little bit more than that," Chardo said. "The law requires intoxication to a degree that you cause a danger to yourself, others or property."

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Cop wins Ken Jordan Award for DUI Enforcement

Colorado Springs, CO

Who's Ken Jordan? What's the Ken Jordan Award for DUI Enforcement?

I asked the same questions when I first saw the headline. According to the article, "It's named for Officer Ken Jordan, who was killed during a DUI traffic stop in 2006."

The image that came to mind was that of a disheveled slob, blind-drunk, with bloodshot eyes barreling down the road, weaving like crazy (possibly toward a kindergarten class walking single-file through a crosswalk with a crossing guard frantically waiving his sign). Then, in the nick of time, the hero officer pulled in front of the drunken driver, sacrificing his life and saving the day.

Well, that's not what happened. This is what happened. Officer Ken Jordan was shot several times when the driver of a car he'd stopped for suspected DUI opened fired on him. He died of multiple gunshot wounds. The driver, it turns out, was wanted by the police for stabbing his sister about a dozen times.

Their duty is to protect and serve our southern Colorado community and Tuesday, an award honored members of law enforcement who go above and beyond that call.

The Ken Jordan Award for Excellence in DUI Enforcement recognizes officers, troopers and deputies for outstanding performance. It's an honor that holds special meaning for law enforcement in our region.

"It's a great honor," says JJ Wolff, a Colorado State Patrol Trooper, member of the Pikes Peak DUI Task Force and former Ken Jordan Award recipient, "most of the nominees actually know and worked with Ken Jordan, so it's pretty touching."

Ten members of law enforcement from seven different agencies were nominated for the award. It's named for Officer Ken Jordan, who was killed during a DUI traffic stop in 2006. Nominees must go beyond the standards of duty, dedicated to preventing DUIs and educating the community.

"A lot of our officers go to the public schools," Wolff says, "we go to the military installations and we have public forums." This year's winner is Detective Craig Simpson with the Colorado Springs Police Department.

"It's something that affects every one from all walks of the community," Simpson says of DUI enforcement, "and we want to get the message to the public that drinking and driving should never be done."

Simpson was nominated for working to get impaired drivers off the road, teaching enforcement training, serving as a drug recognition expert and for being part of the Pikes Peak DUI Task Force.

"We share information about training," says Simpson of the task force, "any updates, knowledge regarding legislation, stuff like that and it's a way for all of us to come together and help each other out." The winner's agency keeps throughout the year as a reminder of Officer Jordan's dedication to DUI enforcement.

"Ken and I were good friends and this is a very special award," Simpson says, "and I can't say enough how honored I am to receive it." This is the third year for the Ken Jordan Award. The Pikes Peak DUI Task Force presents the honor each year.

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New York snow plow driver gets DWI

Buffalo, NY

Some people get more excited about snow days than others.

Yvonne Andrew is devastated after an accident where he son Allen, known to his friends as Mike, was hit by a snow plow.

"I could not believe it. I could not believe it," she said.

City of Buffalo officials explaining that the 42 year old man was struck just before five in the morning on Kensington. Corporation Counsel Alisa Lukasiewicz says there were three witnesses at the scene, and dispatch was called. She adds they caught up with the driver, Rowan Gaines, a little while later at the Barns. He faces driving while intoxicated charges. Gaines was arraigned this morning at City court, and he pleaded not guilty. He has been suspended without pay. An internal investigation is ongoing

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New Mexico man's 8th DWI arrest

Albuquerque, NM

Ray Lopez may not live his life to the letter of the law. He may not be the most cautious driver. He may not learn from his mistakes. He may not know when to say when.

Judging from the picture, however, he does appear to be a very happy drunk with an incredibly positive attitude. In that respect, more people should be like Ray and his example a lesson to us all.

An Albuquerque man is in jail after receiving his eighth DWI arrest.

State Police Spokesperson Lieutenant Eric Garcia said that Ray Lopez Jr., 51, was driving 50 miles per hour in a 65 mile per hour zone on Interstate 25 south of the Comanche exit at 3:30 pm Wednesday.

The state police officer smelled alcohol, and found two open containers of beer in the 1986 Honda Lopez was driving.

Lopez was then given a field sobriety test which he failed.

In addition to his eighth DWI, state police also charged Lopez Jr. with tampering with evidence, altered or forged registration, driving on a revoked license, minimum Speed, careless driving, open container and failure to signal.

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Wall Street exec sentenced to 16 days for DWI in fatal hit and run

New York, NY

Reminiscent of Tom Wolfe's, The Bonfire of the Vanities, this story proves that truth sometimes is stranger than fiction.

It also shows proves that driving drunk can be safe than walking drunk.

A Wall Street tech executive has pleaded guilty to drunken driving and leaving the scene of a fatal accident and will serve 16 days in jail -- after prosecutors revealed the victim had a blood alcohol level more than twice the legal limit.

George Anderson, about 47, of Brookville, the founder and chief executive of Enterprise Engineering, had faced up to 7 years in prison. Instead, under Wednesday's plea agreement, he will will serve eight weekends in jail, do 200 hours of community service and pay a $350 fine.

At the time of the accident in late January 2008, police said Anderson's breath smelled of alcohol and he was speeding in his Mercedes-Benz sports utility vehicle at more than 60 mph when he hit Florence Cioffi, 59, of Gerritsen Beach.

Cioffi was attempting to cross Water Street in lower Manhattan when the SUV slammed into her, knocking her into the air, police said. The car's grille and hood were damaged. She died at New York Downtown Hospital. Cioffi, who worked for Frenkel & Co. of Jersey City, had been in Manhattan for dinner with friends when she was killed.

Prosecutors say it was impossible to determine if Cioffi contributed to the accident because of her level of intoxication. They said an investigation revealed the Brooklyn woman probably stepped out from between two parked cars.

Enterprise Engineering of Lower Manhattan provides information technology services and software design for financial institutions. Anderson founded the private company in 1995.

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California man arrested for DWI after crashing head-on into funeral-bound hearse

Covina, CA

I guess some people's bad luck follows them all the way to the next world. At least he wasn't injured in the crash.

Police said a man has been arrested on suspicion of drunken driving after he crashed head-on into a hearse taking a body to a funeral with a sheriff's deputy watching. Covina police Sgt. Ray Marquez said the Los Angeles County deputy pulled up behind a car Saturday and said the driver appeared unconscious as he sat idling at a green light.

The deputy tapped on the driver's window, and the car immediately surged through the intersection into oncoming traffic and hit the hearse.

Marquez says no one was injured. He said an 18-year-old was arrested, cited, and released later Saturday.

Marquez said a replacement hearse arrived to take the body to its destination, a funeral at a nearby church.

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Florida priest apologizes for DWI arrest

Temple Terrace, FL

On his plea of guilty, Father Waters was sentenced to 10 Our Father's, 16 Hail Mary's, and 28 Acts of Contrition...

The Rev. Joe Waters apologized to parishioners and the public today for his arrest on charges of driving under the influence.

Waters, pastor of Corpus Christi Catholic Church, issued a terse written statement.

Waters said he was on his way home from a social engagement when he was pulled over.

"I am terribly embarrassed by this mistake and sorry for the poor judgment I demonstrated," he wrote. "I promise you that I will learn from my mistakes and accept the consequences."

Waters thanked supporters.

"Please pray that God will bring me greater humility, compassion and strength through this difficult encounter," he concluded.

Walter referred any questions to his attorney.

Bishop Robert Lynch of the Catholic Diocese of St. Petersburg said Waters spent time at the Vatican and previously worked at the diocese's seminary in Boynton Beach. Diocesan spokesman Frank Murphy said Walters has had a leadership role in the church and was previously the director of the diocese's office of worship.

Waters, 47, was arrested at 2:30 a.m. Wednesday at U.S. 301 South and Alvelar Creek Drive. Deputies said he refused to take a breath test. He has been released on $500 bail.

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Arkansas woman charged with DWI after ramming liquor store

Fayetteville, AR

One only can presume that this woman was a very good customer...

A Fayetteville woman spent New Year's Day behind bars following an accident in which she is accused of damaging a Fayetteville liquor store while driving under the influence.

Officials said the 31-year-old drove her SUV into the business while trying to put her vehicle in reverse. But officials said she put it in drive instead and accelerated.

No one was injured in the accident.

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Ignition Interlocks could be required after all DWI's in Texas

Dallas, TX

It is no surprise that ignition interlock manufacturers are financing the lobbying efforts to make them mandatory. To the DWI industry, mandatory ignition interlock laws are like a license for them to print money.

Imagine having to blow into a breath analyzer every time you drive your car. That's what Texans have to do when they're charged with their second DWI. They're required to have a device called an ignition interlock installed on their car. Some state lawmakers are sponsoring bills to make the device a requirement after the first offense.

Today, we found a worker with the company Smart Start of Irving installing an ignition interlock on a car. The device won't allow someone to start their car until after they've blown into a device and proven that they haven't been drinking. If they have, the device will record the violation so a judge can take appropriate action.

In Alaska, Arizona, Colorado, Illinois, Louisiana, Nebraska, New Mexico and Washington drivers must have an interlock on their car after their first DWI conviction. Smart Start believes Texas should join that list. Debra Coffey is a spokesperson for Smart Start. Coffey said, " It is not necessarily the first time that these people have driven drunk. It's just the first time that they've been caught."

I got behind the wheel of a car with an interlock. I found that you not only have to blow into the device to start the car, but it tests your breath at random times while you're driving. It's to make sure you're not drinking on the road. With some interlocks the driver could have someone else do the blowing. That's why Smart Start developed a new ignition interlock that takes the driver's picture every time he blows into the device.

"Not everybody who gets a DWI is an alcoholic."

DWI Defense Attorney Mimi Coffey says making interlocks mandatory for a first offense could cause people to lose their jobs unnecessarily. Coffey said, " Is this the kind of person who is going to do it again? Maybe, maybe not, but the proper thing to do is to analyze every single case. Let the professionals, the counselors determine if someone has a substance abuse problem." Coffey also says testing your breath while you're driving can be a dangerous distraction.

Officials with Smart Start say ignition interlocks aren't perfect, but they're much better than deaths caused by drunk driving.

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Horse Killed In Alcohol-Related Buggy Crash

Wilmington Township, PA (where else could it be?!)

Since when did operating a buggy (with only one horsepower) constitute "driving" under the law? It would seem to me that implicit in the term "driving" is operating a vehicle with a motor. Riding a bicycle or a horse simply is not driving. Neither is running or walking, for that matter.

I hope the geniuses at MADD don't see this story. They'll be lobbying state legislators for mandatory rein interlock devices on horse-drawn buggies.

State police in Mercer County said a man was drunk when he crashed his horse and buggy into a car Sunday night.

Police said Joseph Byler, 19, failed to stop his buggy at a stop sign in Wilmington Township, crashing into a car.

Police said the horse was killed in the collision.

Byler faces charges of underage drinking, driving under the influence and running a stop sign. He is set to appear in court next month.

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60 Minutes airs DWI segment on charging drunk drivers with murder

Watch CBS Videos Online

CBS - Drunk driving kills more than 13,000 Americans a year - that's one every 39 minutes. Authorities call it an epidemic. They say that despite all the publicity, all the education campaigns, and all the advertising over the past decade, the number of drunk-driving fatalities has not gone down.

Some prosecutors have started taking a different approach to the problem, getting so tough on drunk drivers who kill people that the penalties they exact were unheard of in the past.

As correspondent Bob Simon reports, one of these pioneers is Kathleen Rice, district attorney of Nassau County, New York. She believes that if you want to stop drunk driving, you have to treat it as a serious crime with serious jail time. Our story begins, however, not in a courtroom but at a wedding in Nassau County - a wedding and the tragic loss of a 7-year-old girl.

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Maine man driving zamboni faces DUI charges

Portland, ME

It is amazing the lengths to which some people will go to keep their beer cold.

I wonder if the cop said, "Good evening sir. May I see your license, registration, and proof of insurance? Do you know why I pulled you over? Please step out of your Zamboni, sir."

A man is facing drunken driving charges..for trying to drive an ice smoothing machine inside a Portland, Maine civic center.

Police responding to an alarm at the Cumberland County Civic Center found Adam Patterson riding an idling Zamboni. The 22-year-old had crashed it into a wall near a storage area. Authorities say he

had also tried to operate two fork lifts.

The civic center is home to the Portland Pirates hockey team.

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Waco, TX man arrested for DWI after crashing into police car

Waco, TX

Shortly after the crash, agents from the U.S. Bureau of Alcohol, Tobacco, and Firearms attacked the car and turned it into a blazing inferno as cheering MADD members watched the events unfold live on CNN....

A Waco man who crashed his car into the back of a police car is now in the McLennan County jail charged with DWI.

It happened at the intersection of West Waco Drive and North Valley Mills just after midnight.

Officers say 23-year old Martin Flores Jr. crashed his car into the back of the police cruiser stopped in traffic at the intersection.

No one was injured. Flores’ arrest was the first in Waco for the year.

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Man spinning doughnuts on runway charged with DUI

Streetsboro, OH

Spinning doughnuts on the runway alone would have been enough to make into my blog. Employing the "It's okay...I'm a federal agent conducting brake tests" ruse on the cops makes this story a classic for all times...

A 24-year-old Ohio man is being accused of driving drunk after he told police he was a federal agent "conducting brake tests" after he was caught doing "doughnuts" on a snow-and ice-covered airport runway in Beaver County.

According to a criminal complaint, on Nov. 22, Michael Montgomery of Streetsboro, Ohio ignored orders to stop spinning on the runway of the Beaver County Airport. The airport is about 40 miles northwest of Pittsburgh.

Police say they followed Montgomery to a parking lot. They say Montgomery then told police he had permission from the Federal Aviation Administration to test brakes on the runway.

Montgomery faces drunken driving and other related charges.

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Nevada woman driving with gas nozzle and hose hanging from car arrested for DWI

Reno, NV

"Mam, do you know why I pulled you over...?"

Nevada state troopers have arrested a woman for drunk driving -- after an ambulance crew noticed her driving down the highway with a gas nozzle and hose still attached to her car!

The ambulance crew tried to flag the car down, and when the driver didn't stop, they pulled her over and radioed for help.

Troopers arrested 40-year-old April Westfall for DUI after she failed a field sobriety test.

Troopers have asked witnesses, and any service station missing a hose and nozzle, to contact them with any additional information.

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Dozens more Arizona DUI cases tossed out, breath tests excluded

Tuscon, AZ


Why is CMI, Inc., so scared of revealing the Intoxilyzer 8000's source code?

They may know it would lead to other scary revelations; 1) that CMI long has known that the I8000 is inaccurate and unreliable, 2) that CMI's marketing of the I8000 is fraudulent and deceptive, and 3) that innocent people are imprisoned, fined, and stripped of their driver licenses everyday in courtrooms across the U.S. based on invalid I8000 breath alcohol test results.

To be termed scientific, a method of inquiry must be based on gathering observable, empirical and measurable evidence subject to specific principles of reasoning. A scientific method consists of the collection of data through observation and experimentation, and the formulation and testing of hypotheses.CMI's don't ask, don't tell position is as far from science as one can get.

Breath-testing results in nearly 70 drunken-driving cases have been excluded by a judge in Tucson City Court as defense attorneys continue to challenge the accuracy and reliability of a new machine used by police.

The 69 tests thrown out this week by Judge Theodore Abrams brings the number of cases that have had evidence excluded by seven judges to more than 300, Tucson defense attorney James Nesci said.

Lawyers have been challenging results from Intoxylizer 8000 used by Tucson's and University of Arizona's police departments.

Officials with the company that makes the machine, CMI Inc. of Owensboro, Ky., are resisting orders to allow defense lawyers to examine software.

In September, Judge Deborah Bernini of Pima County Superior Court rejected trade-secret arguments and ruled that CMI must give its "source code."

CMI president Toby Hall was not at a hearing Monday after his Phoenix attorney asked Bernini to rescind orders to release the code and that he appear.

The firm blamed the dispute on the failure of defense lawyers to accept the code under terms that would keep it confidential.

CMI's attorneys also argued that Bernini lacked the authority and jurisdiction to order Hall to appear in Arizona.

Bernini set a new hearing and ordered Hall to be there Dec. 5.

On Nov 14, prosecutors filed a special court action challenging whether the source code is needed by the defense and whether the judge abused her discretion when she ordered prosecutors to obtain it from CMI.

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Killer cop arrested for 2nd DWI

Austin, MN

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]

A Twin Cities Sheriff's deputy who killed a man with his squad car is accused of breaking the law again.

On Aug. 30, 2007, Dakota County Sheriff's Deputy Joshua Williams pulled his squad out in front of motorcyclist Bill Wallace, hitting and killing him on Highway 3 in Empire Township.

On Saturday, he was arrested on suspicion of drunken driving and having an open bottle of beer in his car .

A fellow deputy clocked him doing 68 miles per hour in a 55 mile per hour zone shortly before 2 a.m. on County Road 46 in Empire Township, just minutes away from where he hit Wallace's motorcycle 15 months earlier. Authorities said Williams failed both a field sobriety and breath test, was arrested at the scene, and his car was impounded.

Williams was booked in the Dakota County Jail and placed in general population until his release several hours later. Williams has worked for Dakota county since Aug. 2000. After his careless driving conviction May 13, 2008, he was prohibited from driving county vehicles and re-assigned to court security as a bailiff.

Wallace's family wants to know why he was allowed to drive at all.

"He could have taken another life," step-brother Joe Geror said.

Williams was suppose to have his license suspended for one year, but state records show it was reinstated Oct. 7, 2008--five months after his conviction.

The Wallace family has filed a wrongful death lawsuit against Dakota County. The attorney for Williams declined to comment, since no charges have been filed.

Dakota County Chief Deputy Dave Bellows said Williams is on paid leave and told 5 EYEWITNESS NEWS that the incident "makes us angry."

If convicted, this would be William's second DWI in under 10 years. He already has a DWI conviction in North Carolina from December 1998.

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Wilmington Police using different technique to bust drunk drivers this holiday season

Wilmington, DE

“They are very effective, they are highly visible, and hopefully accomplish the same goals without having the legal loop holes that you might run into with a DWI checkpoint.”

It is scary that those charged with enforcing the law view the ultimate source of justice in America, the U.S. Constitution, as an impediment to highest law of the land, the U.S. Constitution, as an impediment to justice.

With the holidays quickly approaching and drivers taking to the roads, Wilmington Police are trying to keep the streets safe by stopping impaired drivers. But they are using techniques other than traditional check points.

At first glance it looks like a meeting for a street racing group. But the gathering is actually the beginning of what local law enforcement calls a saturation Patrol.

“We essentially congregate in known DWI routes that DWI offenders typically take; whether or not they're going to or from downtown,” said Corporal Joseph Fitzgerald of the Wilmington Police Department.

A saturation patrol is different from a checkpoint, because law enforcement doesn't stop every car or slow regular traffic. Corporal Fitzgerald said saturation points ultimately work better. “They are very effective, they are highly visible, and hopefully accomplish the same goals without having the legal loop holes that you might run into with a DWI checkpoint,” he said.

Fitzgerald said he finds most DWI violations when impaired drivers speed past him on the road. But it is not always because the driver had too much to drink.

“Driving while impaired does not only apply to any alcohol. It applies to any kind of impairing substance whether it's legal, prescribed, or even illegal,” added Fitzgerald.

He said police step up enforcement around the holidays because people tend to drive impaired more often traveling to and from their celebrations. If you do get a ticket, the penalty could mean fewer gifts, not just this holiday, but future one's as well.

“In addition to your court penalties, your insurance typically goes up 375% if you're convicted of impaired driving,” stated Fitzgerald.

But that's nothing compared to the consequences that could come with an accident if your driving while impaired. “There are just too many negative outcomes that can occur from that. Whether you're arrested, you’re involved in a crash and hurt someone or even kill someone. You're much better in spending $20 and taking a cab,” he said.

Corporal Fitzgerald said in the past the police department has seen fatal accidents related to impaired driving around the holidays. He's hoping that, with increased saturation patrols like Sunday morning, they can prevent that from happening this year.

Sunday’s patrol resulted in five DWI arrests, a possession of marijuana charge, several traffic citations and warnings. Wilmington Police will continue patrols through the holidays.

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Breathalyzer software issues give attorneys hope for DUI dismissals across Arizona

Phoenix, AZ

Could it be that revealing the computer code would be like pulling the curtain back to expose the Wizard of Oz? Could the Emperor of the breath alcohol test really be naked as a jaybird?!

This machine, the Intoxilyzer 8000, soon could be the friend, not the foe, of thousands of people being tried for DUI.

The machine is in wide use in Arizona, and many of the units utilize software that even the president of the company that makes the Intoxilyzer says is riddled with bugs, according to Tucson lawyer James Nesci.

Nesci tells New Times he believes a pending DUI court case in the Pima County Superior Court could have wide-ranging effects throughout the whole state, not just the Tucson area.

"I can tell you with absolute certainty that every breath test result on an Intoxilyzer 8000 is inaccurate," Nesci says.

That doesn't mean it's inaccurate enough in every case to give wildly wrong results, such as showing that a totally sober person is drunk. On the other hand, showing the machine routinely spits out faulty data would make all of its readings suspect, the lawyer says.

Nesci's a pro at tackling DUI cases and is the author of a book called, How to Beat a DUI. The Tucson Weekly named him "King of the DUI Defense." He says he's excited about the prospects of the software angle as a defense.

Defense attorneys have examined how they can attack the credibility of the Intoxilyzer 8000's software for at last two years. They've made in-roads in Florida, where judges have ordered the machine's Kentucky manufacturer, CMI, Inc., to turn over the source code of the software. (Source code is the written programming instructions for computer software). The company has steadfastly refused, racking up a million dollars in court fines.

After Toby Hall, president of CMI, gave his testimony in Pima County Superior Court, Judge Deborah Bernini told him he needed to reveal the software's source code. He said he would refuse unless defense attorneys agree to sign a non-disclosure agreement, which they won't do. Bernini has given Hall until November 24 to show good cause as to why he hasn't complied with her order. She could find him in contempt of court if she doesn't like what she hears.

Hall's testimony about flaws in the machine's software caused one Tucson judge to dismiss 19 DUI cases in September.

Cliff Girard, a Phoenix lawyer also working on the Intoxilyzer's potential problems, says it's possible that if the company hands over the source code and it's deemed to be flawed, any police agency that uses the software could see trouble with some of its cases. Phoenix police, for example, use the software identified as having possible bugs, Girard says.

Another possibility is that the company won't turn over the code -- CMI officials reportedly said they would never reveal it. That would spark an appeal that could impact numerous cases, Girard says.

As Nesci puts it: "This could be huge."

For those interested in DUI law, it will be worth looking for news out of Tucson in upcoming days about the Intoxilyzer machine and its software.

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116 drivers stopped in DUI saturation patrol, no arrests

Sacramento, CA

Let's see...116 cars pulled over, 5 drivers put through field sobriety tests, 0 arrests. OOPS!

Authorities stopped more than 100 motorists in Davis and surrounding areas during a saturation patrol Saturday, but didn't arrest any drunken drivers.

Officers from several Yolo County law enforcement agencies conducted the special patrol during the Causeway Classic football game between University of California, Davis, and California State University, Sacramento.

Officers stopped 116 vehicles, put five drivers through the field sobriety test, issued 12 citations for vehicle code violations and didn't arrest any drunken drivers, according to a Davis police news release.

The patrol was part of the "Avoid the Eight" program, funded with a grant from the state Office of Traffic Safety through the National Highway Traffic Safety Administration.

The California Highway Patrol conducted a DUI enforcement in the Woodland area from Saturday night and made 33 drunken driving arrests.

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Police: driver fled DWI checkpoint, almost hit officer, left ID behind

Portsmouth, NH

Yet more evidence of the link between drunkenness and impaired judgment...

After handing over his license and registration at a Friday night “sobriety checkpoint,” Peter Glidden squealed his tires and sped off, almost hitting the city’s deputy police chief, said Lt. Corey MacDonald.

When a state trooper and MacDonald chased after, then stopped Glidden on Woodbury Avenue, they found marijuana in his SUV and arrested him on four charges, one a felony, said the police lieutenant.

Glidden, 32, of 68 High St., Somersworth, now faces misdemeanor charges of driving while under the influence of drugs, possession of drugs in a motor vehicle and disobeying a police officer, as well as a felony count of reckless conduct.

MacDonald said Glidden drove into the Friday night checkpoint on the Spaulding Turnpike and after giving an officer his license and registration, was ordered to get out of his vehicle. At that point, he sped off with a passenger riding shotgun, “almost running over” Deputy Police Chief Len DiSesa, said MacDonald.

Glidden is alleged to have left his license and registration with the officer at the checkpoint.

“It wasn’t the most well-thought-out escape,” said MacDonald.

Following his arrest, Glidden was released on personal recognizance bail, has not yet gone to the police department to submit to the booking process, or been scheduled for arraignment.

His stop was one of 480 made by officers from six agencies Nov. 7, when the state’s new “DUI mobile command unit” was debuted. Glidden was one of eight people arrested on drug and/or alcohol-related charges at the checkpoint staffed by officers from Portsmouth, Greenland, New Castle, the state Liquor Commission Bureau of Enforcement, State Police Troop A and the County Sheriffs Department.

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High school project: Stage mock DWI crash at middle school to fight under-underage DWI

Cameron, MO

This story pegs both the weirdness meter and the questionable statistics meter.

The weirdness meter: "The students will not witness fatalities this year, we have worked very hard to keep the activities age appropriate." Are we to infer that this is an annual event at the middle school in which the kids (5th and 6th graders) witnessed fatalities in years past?

The questionable statistics meter: "In 2007, 522 DWI arrests were of children ages 14 and younger. Over 100 of those same 522 arrests were children 10 years or younger." What?! More than 100 kids 10 or younger arrested for DWI?

Nine year-olds getting arrested for DWI sounds like a Jeff Foxworthy bit, not the stuff of middle school public awareness programs put on by high school kids.

Two students from the Cameron High School DECA program, Bobby Thompson and Emilie Hamilton, have chosen a continuation of the Arrive Alive, Don't Drink and Drive programs from previous years to use as this year's DECA project. Each year the kids choose a program to either start from scratch or to expand upon from previous years. The students must change it up from previous projects, research, develop, promote and then execute in order to create a public awareness.

This year Hamilton and Thompson decided to try and reach a younger audience after discovering some scary statistics. While nationally, 70 percent of High School students consume alcohol, studies show that one in 10 kids age 12 to 13 drink alcohol at least once a month. In 2007, 522 DWI arrests were of children ages 14 and younger. Over 100 of those same 522 arrests were children 10 years or younger. This year, the mock drunk driving accident scene moves to the Cameron Middle School.

"We know that school children this age do not drive yet," explained CHS teacher and DECA Sponsor, Stephanie Williams. "But they are getting into cars with school aged children who do. And, they are making decisions at this age that do affect their lives. After seeing some of the statistics on under aged drinking, my students felt more than ever that it was important to educate the middle school aged children on the consequences of drunk driving."

Last year a group of DECA students worked with school officials and local authorities to create a mock crash of two vehicles and act out a scene in which high school students witnessed the consequences of a drunk driving incident. The event was a success.

So much so, that one passer buyer stopped to question if everyone was all right and ask what happened. Luckily, DECA Sponsor Stephanie Williams was able to explain to the witness that the entire scene was part of a project created by DECA students to create awareness about drunk driving.

This year students of the Cameron Middle School will be given a presentation by Betsy Polly, a Life Net Air Ambulance nurse. After the assembly, students will then hear a 911 call played over the PA system from a student actor who has just been hit by a drunk driver. Older students, grades seven and eight, will then proceed outside to witness a staged accident scene complete with victims and emergency response teams.

"The students will not witness fatalities this year, we have worked very hard to keep the activities age appropriate," said Williams. "The younger grades, fifth and sixth grade, will be given a presentation by Nurse Polly. We will also announce the winners of the poster contest held for the grades that week."

After DECA has finished the mock car accident scene the fifth and sixth graders will be taken outside to see the vehicles.

"Again, Scotty's tow service has been kind enough to bring a couple of vehicles out and stage them for the mock accident," said Williams. "The younger students will not be brought out until the exercise has completed and only the vehicles are left. We felt it was important to work with our school professionals in order to keep age appropriate exercises placed with the proper age groups. School Counselor Lisa Pruitt was very instrumental in organizing this event with the middle school."

The mock accident will be staged outside of the middle school and is scheduled to begin at approximately 1 p.m. Thursday afternoon, Oct. 30.

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Nassau County, NY county alters internet DWI 'Wall of Shame'

Mineola, NY

Has anyone in the DWI industry read The Scarlet Letter by Nathaniel Hawthorne?

Motorists charged with drunken driving will no longer be depicted on Nassau County's internet "Wall of Shame" in light of a judge's ruling that posting the arrests on a Web site violates due process.

County Executive Tom Suozzi insists the county is within its rights to distribute the names and photographs of accused drunken drivers but said Tuesday he would wait until suspects are convicted before listing them on the Internet.

Attorneys who represent accused drunken drivers said that is still not acceptable and punishes people beyond what state statutes allow.

Suozzi's announcement came a day after state Supreme Court Judge William LaMarca ruled that announcing the drunken driving arrests before a suspect has a chance to make his case in court violates due process rights.

The judge's ruling applied only to an individual who sued over the policy, but Suozzi conceded it is likely to invite additional lawsuits.

Although he plans to appeal the ruling, Suozzi said the county will now only list those convicted of DWI-related crimes after a trial or plea bargain.

Holding up newspapers trumpeting the arrest of New York Yankees star pitcher Joba Chamberlain on suspected drunken driving charges last weekend in Nebraska, Suozzi took issue with LaMarca's ruling that the Web site creates "limitless and eternal notoriety." He said he fails to see a difference between publication in a newspaper or the Internet.

"The objective of what we're trying to do here is to change the culture that exists related to drunk driving, that it's not just a socially acceptable crime," Suozzi said.

The county initiated the Wall of Shame effort last Memorial Day weekend after a highway patrol officer who had stopped one suspected drunken driver on the Long Island Expressway was struck and seriously injured by a second driver, also suspected of being under the influence.

Since Memorial Day, about 1,400 drivers accused of being under the influence of alcohol have appeared on the county's Web site. Police officials also said DWI-related arrests are up 6 percent over the same period a year ago.

Brian Griffin, an attorney who represented the person who sued the county, said the revised policy still violates state law. Griffin contends that if Suozzi wants to list convicted drunken drivers on the Web site, he will need legislative approval.

He cited a 1995 state Court of Appeals ruling that found a judge was wrong to order a repeat drunken driver to display a "CONVICTED DWI" license plate.

In that ruling, the state's highest court said: "While innovative ideas to address the serious problem of recidivist drunk driving are not to be discouraged, the courts must act within the limits of their authority and cannot overreach by using their probationary powers to accomplish what only the legislative branch can do."

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Cops nab pair in same vehicle for drunken driving

Fargo, ND

More proof of the association between alcohol consumption and impaired judgment...

Fargo police said two men were arrested for drunken driving in the same vehicle. Police Lt. Pat Claus said an officer pulled over a 23-year-old man early Thursday morning. Claus said while that man was taking a sobriety test, a 24-year-old passenger got behind the wheel and tried to drive off.

Claus said the passenger was also arrested for drunken driving. Both men were taken to the Cass County jail.

Claus called the case "unique."

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Chicago cop John Ardelean indicted In fatal DUI Thanksgiving crash

Chicago, IL

hypocrite
Main Entry: hyp·o·crite
Pronunciation: \ˈhi-pə-ˌkrit\
Function: noun
Etymology: Middle English ypocrite, from Anglo-French, from Late Latin hypocrita, from Greek hypokritēs actor, hypocrite, from hypokrinesthai
Date: 13th century
1 : a person who puts on a false appearance of virtue or religion
2 : a person who acts in contradiction to his or her stated beliefs or feelings
— hypocrite adjective

Chicago Police Officer John Ardelean was indicted Tuesday on charges of reckless homicide and aggravated DUI in the Thanksgiving 2007 crash that left two men dead.

The Cook County State's Attorney's office announced Tuesday that Ardelean has been indicted on two counts of reckless homicide, a Class 3 Felony, which carries a possible prison sentence of up to five years.

The charges result from the Nov. 22 crash at 2925 N. Damen Ave. that claimed the lives of Miquel Flores, 22, and Erick Lagunas, 21.

A judge had originally dropped the case against Ardelean after witnesses said he did not appear intoxicated and the men in the other car ran a stop sign.

In surveillance video taken from Martini Ranch, Ardelean is seen taking what appears to be several shots.

CBS 2's Pamela Jones reports the State's Attorney's Office won't say why this case is being brought up again now. CBS 2 is told they have had access to the surveillance video from the bar ever since the crash.

Ardelean has also been indicted on four counts of aggravated DUI, a Class 2 Felony, but because there were two fatal victims, it is punishable by up to 28 years, according to a release from the Cook County State's Attorney's office.

Ardelean, 34, will be arraigned on Oct. 1.

After viewing the video in its entirety, Assistant State's Attorney Bob Milan notified the victims' families that he was re-opening the case.


"I'm just ecstatic," Miguel Flores' sister, Nancy Flores, said. "I was happy. I was shaking, I was crying."

In February a judge dropped a criminal case against Ardelean because there wasn't enough evidence. But the attorney for the victim's family claims the state's attorney's office didn't consider this part of the video until now.

"They didn't tell me the truth," attorney Daniel O'Conner said. "They didn't look at the whole tape which would be inexcusable or, worse, they looked at the entire tape and did nothing with what they found. So, either one is terrible."

O'Connor says the tape shows Ardelean drinking a shot with a woman, accepting a bottle from the bartender, and walking out.

But Ardelean's attorney says the tape doesn't show exactly what he was drinking and it wasn't booze.

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MADD report on multi-DWI offenses blames prosecutors, judges

Albuquerque NM

MADD complains, "lenient sentencing is allowing repeat drunk drivers behind the wheel over and over again...and recommends that probation officers or court officers check on drunk drivers to make sure they don't have access to a car."

Make sure they don't have access to a car? MADD's final solution must be life imprisonment or execution for first-time DWI offenders.

The true danger to people in the community is that good people who mean well may fall for the DWI industry propaganda spewed by MADD.

Mothers Against Drunk Driving says judges and prosecutors are letting convicted DUI offenders off the hook and endangering people's lives.

In a report released Thursday, the group says lenient sentencing is allowing repeat drunk drivers behind the wheel over and over again.

MADD followed 1,300 cases to pinpoint why so many offenders got off the hook. They say in a large number of cases, convicted DWI offenders were allowed to plead down to lesser charges.

At Albuquerque's Metro Court, MADD says 42 percent of the drunk drivers who pleaded guilty ended up getting convicted of lesser DWI charges.

In the majority of those cases, the guilty were initially charged with aggravated DWI for either driving extremely drunk, or because they were repeat drunk drivers. MADD says judges and prosecutors should stick with the original, tougher DWI charges to keep repeat drunk drivers off the street.

"That someone who is fairly intoxicated, that's a true danger to people in our community. So we want to make sure that doesn't continue to happen to people in the future," MADD's Lora Lee Ortiz said.

Bernalillo County's chief DWI prosecutor Gary Cade says those types of convictions would be great in a perfect world. But with more than 7,000 DWI cases filed at Metro Court in 2007, each one with a six-month deadline, he says it is impossible.

"If push comes to shove and we have a choice of taking a DWI, and getting the conviction or getting it as an aggravated DWI, we will generally go for the conviction," he said.

Another problem—in McKinley County, 72 percent of interlock requirements were waived in court, according to MADD, because the court took drunk drivers at their word when they claimed they did not own a car.

The report recommends courts actually check with MVD on the veracity of those claims—a policy already implemented in Albuquerque.

MADD also recommends that probation officers or court officers check on drunk drivers to make sure they don't have access to a car. The group also wants to see DWI offenders who claim not to own a car be required to wear an alcohol monitoring device.

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Missouri man accused of DWI on riding mower

Iron Mountain Lake, MO

An eastern Missouri man is accused of drunken driving — on a riding lawnmower.

The suspect’s name has not been released. He lives in Iron Mountain Lake, about 60 miles southwest of St. Louis.

The man was suspected of being involved in a disturbance on Sunday. On Monday, police got a tip that the man was at a home. An officer who went to the home saw the man driving down a street on a riding mower, pulling a trailer with a case of beer. Police say the man also had a flask of whiskey in his pocket.

The man’s blood alcohol registered at 0.115, well above the state legal limit of 0.08.

The man was arrested for driving while intoxicated and careless and imprudent driving.

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Man arrested for diving while intoxicated after excessive horn blowing

Glen Falls, NY

It made sense to him at the time...

Sometimes, blowing your own horn is too much of a good thing. Glen Falls police said an upstate New York driver who was stopped for blowing his vehicle's horn excessively was charged with driving while intoxicated.

Glens Falls police said Rodney Northey told them he was blowing his horn on a downtown street dotted with bars to let "people know he was in town."

Officers on duty noticed, pulled Northey over late Saturday and found his blood alcohol content was point-23 percent, nearly three times over the amount for legal intoxication.

Northey was charged with aggravated DWI, a misdemeanor, and ticketed for excessively blowing his horn.

He was freed on $250 cash bail pending prosecution in City Court. The name of his lawyer was not yet on the record Monday.

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Chicago cop indicted in fatal DUI Thanksgiving crash

Chicago, IL

...yet another story reflecting the preferential treatment given to police officers in drunk driving cases. It really is a shame.

Chicago Police Officer John Ardelean was indicted Tuesday on charges of reckless homicide and aggravated DUI in the Thanksgiving 2007 crash that left two men dead.

The Cook County State's Attorney's office announced Tuesday that Ardelean has been indicted on two counts of reckless homicide, a Class 3 Felony, which carries a possible prison sentence of up to five years.

The charges result from the Nov. 22 crash at 2925 N. Damen Ave. that claimed the lives of Miquel Flores, 22, and Erick Lagunas, 21.

A judge had originally dropped the case against Ardelean after witnesses said he did not appear intoxicated and the men in the other car ran a stop sign.

In surveillance video taken from Martini Ranch, Ardelean is seen taking what appears to be several shots.

CBS 2's Pamela Jones reports the State's Attorney's Office won't say why this case is being brought up again now. CBS 2 is told they have had access to the surveillance video from the bar ever since the crash.

Ardelean has also been indicted on four counts of aggravated DUI, a Class 2 Felony, but because there were two fatal victims, it is punishable by up to 28 years, according to a release from the Cook County State's Attorney's office.

Ardelean, 34, will be arraigned on Oct. 1.

After viewing the video in its entirety, Assistant State's Attorney Bob Milan notified the victims' families that he was re-opening the case.


"I'm just ecstatic," Miguel Flores' sister, Nancy Flores, said. "I was happy. I was shaking, I was crying."


In February a judge dropped a criminal case against Ardelean because there wasn't enough evidence. But the attorney for the victim's family claims the state's attorney's office didn't consider this part of the video until now.


"They didn't tell me the truth," attorney Daniel O'Conner said. "They didn't look at the whole tape which would be inexcusable or, worse, they looked at the entire tape and did nothing with what they found. So, either one is terrible."

O'Connor says the tape shows Ardelean drinking a shot with a woman, accepting a bottle from the bartender, and walking out.

But Ardelean's attorney says the tape doesn't show exactly what he was drinking and it wasn't booze.

"The prosecutors working on this case are competent, thorough people, but whoever made this decision just has the facts all wrong," Attorney Thomas Needham said. "The staff at the bar, the other patrons and the bar and the people who know my client will testify that most of the drinks that he was consuming that night were non-alcoholic."

He's not saying the officer didn't have any alcohol.

Several hours after the crash Ardelean's blood alcohol level was at .032, below the legal limit.

The families of the victims are also suing Ardelean and the bar in civil court.

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Police: Man blames bad driving on spilled beer

Albuquerque, NM

Today is Albuquerque Day in DWI news. Trying to explain away weaving in and out of traffic by telling the cop your passenger spilled a beer may be the basis for a persuasive argument the driver's judgment is impaired.

What was this guy thinking?!

A man with four previous drunken driving convictions who was stopped for weaving in and out of traffic on Interstate 40 was ready with an excuse for his poor driving: his passenger spilled his beer.

Not surprisingly, the man was arrested just before midnight Saturday, said state police officer Kurtis Ward, who said he initially thought the driver was joking.

"He was so matter of fact about it, like it wasn't a big deal," Ward said.

The 31-year-old man was allegedly too drunk to perform field sobriety tests and was arrested on aggravated drunken driving charges, court records said.

Ward found four opened bottles of beer in the car, court records showed.

It was the man's sixth DWI arrest. He had been found guilty of four of five previous drunken driving charges and has paid $1,750 in fines, the DWI Resource Center said.

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DWI arrests: Good or bad sign for DWI industry?

Albuquerque, NM

The more DWI arrests the better, right? It depends on the spin.

According to the DWI industry, tons of DWI arrests are proof that enforcement efforts are effective and the tax dollars used to fund them are well spent. DWI arrests also are proof that the DWI industry's prevention efforts are a dismal failure.

What do you think?

After another DWI-related crash in Albuquerque Friday morning, many are wondering if anti-DWI commercials are working and if the state can do more to battle the problem.

The latest crash happened after a 24-year-old man led police on a chase that ended with the suspect crashing his truck into a wall in the South Valley. Officers who searched the man's car found open beer cans inside.

The incident is just the latest in an ongoing game of cat-and-mouse between officers and drunk drivers in Bernalillo County. So far in 2008, officers have arrested 5,046 people for driving under the influence. That averages to about 19 arrests per day.

Linda Atkinson of the DWI Resource Center say she doesn't like hearing new reports of DWIs, but does like seeing offenders thrown behind bars.

"It's a duel edge sword. I'm mean, it's a good thing we're getting them off the road. But it's a bad thing, because they're still drinking and driving," she said.

DWI Sgt. Angel Torres of the Bernalillo County Sheriff's Office also feels arrest numbers, which could match 2007's, are a mixture of good and bad.

Both Albuquerque police and the Bernalillo County Sheriff's Office plan more checkpoints and DWI patrols this year.

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Cop busted for DWI in sobriety checkpoint he legally could have avoided

Franklin, NH

This cop's hypocrisy is exceeded only by his stupidity.

His stupidly in voluntarily entering the DWI sobriety checkpoint after passing signs alerting it was ahead and knowing it was legal to turn off the road is exceeded only by the stupidity of the cops who arrested him in thinking anyone would believe their statement that he "did inform [the officers conducting the checkpoint] he was a police officer, but he did not try to use that to get out of the DWI."

Huh? Why else would he tell them he was a cop?! It's not like an accountant, mailman, secretary, or carpenter would tell the cops what they did for a living upon arriving at a DWI sobriety checkpoint into drove voluntarily after arrogantly ignoring signs warning it was ahead. Does anyone really think he would have driven into the checkpoint if he didn't think that he could play the cop card and get a free pass?!

Kudos to the stand-up officers who proved themselves honorable professionals in upholding their oath. Their badges are shining a little brighter today.

An off-duty Newbury, N.H., police officer was arrested over the holiday weekend at a sobriety checkpoint in Franklin.

Police said Cpl. Brad Wheeler was driving on Central Street when he came to the checkpoint. Police officers said he acted as though he had been drinking and then failed a field sobriety test.

"I can only assume he saw the signs," Franklin Sgt. Lisa Carter said. "His options to turn off were obviously not used."

Under state law, a court has to approve a sobriety checkpoint, and police are required to give drivers an alternate route if they don't want to travel through it. Police said Wheeler chose to pass through and was waved into a strip mall.

"It's just a conversation with the motorist," Carter said. "If there are any signs that involve intoxication, he is moved into the Stage 2 area."

Police said after Wheeler failed the sobriety test, he was arrested, his car towed and he was put in a police holding cell.

The Newbury police chief wouldn't comment or say if the arrest has affected Wheeler's job. Residents said police should be held to the same standards as others.

"They are human. They make mistakes," said Vicki Warner, of Newbury. "But they still need to face the consequences."

Some residents said they have had good experiences with Wheeler.

"I have always known him as a great person," said Kelley Santti, of Newbury. "I've seen him in town as a police officer around here."

Franklin police said that while Wheeler did inform them he was a police officer, but he did not try to use that to get out of the DWI.

This was Franklin's first sobriety checkpoint in 18 years. Police stopped 213 vehicles and made 10 arrests, five for DWI.

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Texas prosecutor charged with DWI wants case dismissed

Hildago County, TX

What's good for the goose...

hypocrite
Main Entry: hyp·o·crite
Pronunciation: \ˈhi-pə-ˌkrit\
Function: noun
Etymology: Middle English ypocrite, from Anglo-French, from Late Latin hypocrita, from Greek hypokritēs actor, hypocrite, from hypokrinesthai
Date: 13th century
1 : a person who puts on a false appearance of virtue or religion
2 : a person who acts in contradiction to his or her stated beliefs or feelings
— hypocrite adjective

A Hidalgo County prosecutor arrested by Palmview police for driving while intoxicated over a year ago is hoping to have the charges against her dismissed.

Beth Berg, her defense attorney and the arresting police officer Joe Lopez faced each other in court on Thursday.

Officer Lopez testified that the alleged incident occurred on June 30, of 2007 just before 3 a.m.

He told teh court that he nearly collided with Ms. Berg as she allegedly failed to signal a lane change and tried to enter U.S. Expressway 83 through a ramp.

During a traffic stop, Lopez said he noticed Berg had "red blood shot eyes and spoke with slurred speech" and that he smelled "an odor of an alcoholic beverage" on her.

According to court documents, Berg allegedly admitted to having "several glasses of wine".

Officer Lopez claimed prosecutor Berg refused any field sobriety tests stating she was a prosecutor and knew the law.

Her defense attorney, Rick Palacios tried to discount the officer's testimony telling the judge there was no evidence to back up his claims.

The dash camera in Lopez' police unit was inoperable at the time of the traffic stop.

"The dashcam would have recorded whether or not my client failed to lane change," Palacios told County Court at Law 1 Judge Rudy Gonzales. "It would have recorded whether or not my client came up on an off ramp, like he says. It would have recorded everything. But nowhere other than what this gentlemen testified to do we have to corroborate what he stated here today."

Palacios went on to say, "He (the officer) also stated in court several inconsistencies judge and again I submit to the court today that we provide sufficient evidence and that the case should be dismissed and that suppression should be granted."

Following closing arguments, Judge Gonzales announced that he would render a decision on this case by the end of next week.

Both Berg and Palacios both declined a request for an on-camera interview.

Hidalgo County District Attorney Rene Guerra had no comment on Thursday but did confirm to Action 4 News that Berg had submitted her resignation.

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Texas man sentenced to 35 years in prison for no-injuries DWI crash

Taylor, TX

The double standard of the DWI industry never ceases to amaze me.

This Texas man was sentenced to 35 years in prison after being convicted of DWI for reportedly causing an accident while legally intoxicated in which nobody was hurt.

Remember this story: Cop who killed partner in a DWI crash sentenced to one-year jail term.

How about all of these stories about cops charged with DWI...

Taylor man Jimmy Ray Barnard was sentenced to 35 years in prison for felony driving while intoxicated Thursday for his seventh DWI conviction.

Barnard, 40, pleaded guilty to driving while intoxicated for a June 23 incident in which Barnard reportedly caused a car wreck on IH-35 near Jarrell.
No injuries resulted from the collision. Barnard reportedly rear-ended a van, had no driver’s license and smelled of alcohol.

As police conducted an investigation into the wreck they found Barnard was intoxicated based on visual cues and a field sobriety test, according to court documents.

Barnard has been convicted of six DWIs since 1985. His original charge was elevated from a misdemeanor to a first-degree felony after police uncovered his prior convictions.

“We target repeat drunk drivers for rough punishment,” District Attorney John Bradley said in a statement. “Refusing treatment and continuing to drive will earn those drunken drivers a long prison sentence away from alcohol and cars.”

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Todd Palin arrested for DUI in 1986

Minneapolis, MN

As Hurricane Gustav slammed the Gulf Coast, another storm was brewing in the political world. John McCain’s number two pick, Governor Sarah Palin announced that her 17 year old daughter, Bristol is pregnant and that in 1986 her husband, Todd was arrested and charged with Driving under the influence of alcohol. Is the McCain campaign trying to bury this bad news on a day where Hurricane Gustav commands the news cycle? On any other day the Bristol’s pregnancy would be given much more attention, especially in cable news.

Todd Palin was only 22 years old at the time and plead guilty to the D.U.I., but the campaign is not commenting on whether he served any jail time or not. The Brody File is reporting that he was “taken to jail briefly.”

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Drunken-driving deaths decrease, U.S. report finds

Washington, D.C.

It should be noted that 25% of car accidents are caused due to talking on a mobile phone at the time of the crash and 50% of those killed in car crashes were ot wearing their seatbelt.

Drunken-driving deaths fell in 32 states in 2007, the government reported last week, but alcohol-related fatalities increased among motorcycle riders in half the states.

Nearly 13,000 people were killed in crashes in which the driver had a blood alcohol concentration of 0.08, the legal limit in the United States, or at higher levels.

Overall, alcohol deaths were down nearly 4 percent compared with 2006, when nearly 13,500 people died on the highway.

Transportation Secretary Mary Peters said she was disappointed by the increase in deaths involving drunk motorcycle riders. A total of 1,621 motorcyclists were killed in alcohol-impaired crashes in 2007, an increase of 7.5 percent.

Motorcycle riders have been featured in the government's $13 million advertising campaign surrounding the Labor Day holiday. Law enforcement agencies are increasing their enforcement against drunken driving during the end of the summer.

Stressing the dangers

Dean Thompson, a spokesman for the Motorcycle Safety Foundation, said riders who conduct training courses always stress the dangers involved in drinking alcohol before riding.

"The skill set you need in terms of the coordination and balance and things like that, you cannot choose to drink and ride. It's just the wrong choice to make," he said.

Among the states, California had 117 fewer alcohol-impaired driving deaths last year, the largest decrease in the nation. Texas had 108 fewer deaths and Arizona's fatalities dropped by 63 deaths.

California conducted more than 1,000 sobriety checkpoints during the year and encouraged motorists to dial 911 if they spot a potentially drunken driver, said Christopher Murphy, who leads the state's traffic safety office.

"Our vision is really toward zero deaths — everyone counts, so we're not exactly celebrating these numbers," said Murphy, who leads the Governors Highway Safety Association.

Leading the way

North Carolina had 66 more deaths, the most among states, followed by South Carolina with 44 fatalities.

In addition to North Carolina and South Carolina, alcohol-impaired deaths increased in Alabama, Alaska, Delaware, Maine, Massachusetts, Minnesota, Montana, Nebraska, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Virginia, West Virginia, Wisconsin and the District of Columbia.

The latest data followed calls from dozens of college presidents to consider lowering the drinking age from 21 to 18, arguing that the laws lead to binge drinking on campus.

Mark Rosenker, acting chairman of the National Transportation Safety Board, said he opposed administrators' effort.

"Age 21 drinking laws have been proven time and again effective in preventing deaths and injuries," Rosenker said. "Repealing them is a terrible idea."

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Trooper charged with DWI pleads not guilty to killing 90 year old pedestrian

Rochester, NY

hypocrite
Main Entry: hyp·o·crite
Pronunciation: \ˈhi-pə-ˌkrit\
Function: noun
Etymology: Middle English ypocrite, from Anglo-French, from Late Latin hypocrita, from Greek hypokritēs actor, hypocrite, from hypokrinesthai
Date: 13th century
1 : a person who puts on a false appearance of virtue or religion
2 : a person who acts in contradiction to his or her stated beliefs or feelings
— hypocrite adjective

A 90-year-old man killed while walking home early Sunday morning. Retired state trooper Frank Murray was arrested and today he was in court to face DWI charges.

Murray told police he hadn't been drinking but police say he was drunk and hit and killed a 90-year-old man. According to court documents, Frank Murray had a blood alcohol content of .08, legally he was drunk but his lawyer is disputing the alcohol tests.

Today Murry pleaded not guilty to only a drunk driving charge. Prosecutors say he was drunk when he hit and killed Harry Thorton early Sunday morning on Genesee Street.

Murray was free to go back home today, but his license has been suspended and his lawyer says there's a lot more to this case.

Ed Fiandach said, “I got serious questions about how the accident happened, number one.”

Prosecutor Julie Finocchio said, “I did talk to all the witnesses, put everything together, make sure we know what happened.”

Both sides are getting different stories about what happened Sunday morning and how Harry Thornton was killed. Witnesses told police they saw Murray hit Thornton while was crossing Genesee Street but there are some reports another car hit him first.

Finocchio is trying to sort out all the details. She said, “We're taking this very seriously.”

In court documents, Murray told police he hadn't been drinking Saturday night but they noted he had blood shot eyes and a faint smell of alcohol on his breath.

Murray refused to take a breathalyzer that night but a preliminary test done shows his BAC was .08, legally drunk.

His lawyer argues those tests aren't accurate. Fiandach said, “You'll eventually see the filed papers. He wasn't plastered. There was only a faint smell of alcohol on his breath at scene.”

Rochester police waited several days to release Murray’s name. Some people argued he was getting special treatment because he's not in custody.

Finocchio said, “We are not giving Mr. Murray any special treatment here, but even in the case of a person who is not a retired trooper, if same situation had happened we would do the same thing.”

He's only charged with a misdemeanor DWI because this is his first offense. “Right now all they have is a DWI charge and a fairly weak one at that,” said Fiandach.

Murray is due back in court in September for a hearing. The prosecutor is still interviewing witnesses and deciding whether this case will go to a grand jury.

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Fort Worth, TX police officer arrested on DWI charge

Fort Worth, TX

Yet another hypocritical cop pulling the old "do what I say, not what I do" rountine.

An off-duty Fort Worth police officer has been arrested on suspicion of drunken driving.
An off-duty Tarrant County Sheriff's deputy observed a driver run a red light while driving erratically near the 700 block of Southwest Alsbury Avenue at about 11:30 p.m. Friday.

The off-duty deputy notified the Burleson Police Department of the driver and asked for assistance in making a traffic stop. A short time later, Burleson police pulled over the driver, Fort Worth police officer Autumn Wheat.

After conducting a preliminary investigation, Wheat was arrested on suspicion of drunken driving and booked into the Burleson jail.

The Burleson Police Department is conducting the criminal investigation concerning the charge of driving while intoxicated and the Fort Worth Police Department Internal Affairs Division is conducting an administrative investigation into the incident.
Wheat, who has been placed on restricted duty pending the outcome of the investigation, has been a Fort Worth police officer for 16 years.

Wheat is free on bond. It was not clear if she has an attorney.

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North Carolina's Labor Day Booze It & Lose It campaign begins Friday

Wilmington, NC

The DWI industry sure comes up with some great slogans. One question: Wouldn't the drunk already be driving when they see the brilliant "Booze it & loose it" graphics on the side of the bus?!

Click Here to check other state DWI enforcement slogans

Sheriff deputies across the state are cracking down on impaired drivers over the next two weeks as part of a Labor Day "Booze It & Lose It" campaign.

Checkpoints and saturated patrols will run across North Carolina from August 15 to September 1.

Last year, during the same two-week period, there were more than 500 alcohol-related accidents resulting in 27 fatalities and more than 400 injuries.

During the special Booze It and Lose It blitz on 8-08-08, 454 motorists were cited for DWI. In New Hanover County, out of 17 checkpoints and patrols, 16 people were cited for DWI.

For a complete list of the statistics from the blitz, click here.

Since 1994 the Governor's Highway Safety Program has conducted these campaigns in an effort to deter drinking and driving.

In 2007, more than 500 alcohol related crashes were reported during the two week period.

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Texas man gets life sentence for 10th DWI

Wichita Falls, TX

The system is broken. This man is sentence to die in prison while a drunken cop who got behind the wheel, crashed, and killed her partner was sentenced to one year. He would have gotten less time for robbing a convenience store and shooting the clerk in the arm and leg.

A man with nine previous drunken driving convictions was sentenced to life in prison.

Kenneth Chris Oneal, 58, received the maximum sentence Thursday after jurors convicted him of driving while intoxicated-repetition, his 10th drunken-driving related offense.

The offense was a felony because he had at least two such convictions in the past, prosecutors said. He faced from 25 years to life in prison.

Department of Public Safety troopers pulled him over in October and his blood-alcohol level tested at .215 percent, which means it was nearly three times the Texas legal limit of .08 percent, authorities said.

Ben Hoover, lead prosecutor in the case, said Oneal also had previously been convicted of assault and failure to stop and render aid.

"The jury handed down a big sentence, but it was a just sentence," Hoover said. "The jury apparently took this offense seriously and wanted to send a message that a multiple-DWI offender was not going to be allowed back on the roads of Wichita County."

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Sturgis Rally tally shows fewer drug, DWI arrests

Sturgis, ND

Figures from the South Dakota Highway Patrol indicate drug and drunken driving arrests are down so far at the Sturgis Motorcycle Rally. But the total number of citations is up over last year.

There were 101 drunken driving arrests as of Monday, compared with 107 at the same point of the 2007 rally. And the patrol reported 95 misdemeanor and felony drug arrests, compared to 113 at the same point last year.

But there were 611 total citations, compared to 471 last year.

Twenty-six injury accidents and two fatalities were listed.

The figures cover the Sturgis, Rapid City, southern Black Hills and Badlands areas.

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Nevada trooper charged with DUI after fatal crash allowed to resign

Las Vegas, NV

How hypocritical is it that a highway patrol trooper who caused a crash and killed someone while under the influence of marijuana (an illegal drug) was put on paid administrative leave and allowed to resign instead of immediately being fired?!

The Nevada Highway Patrol Trooper accused of causing a deadly crash has resigned his position.

Police say 46-year-old Edward Lattin was under the influence of marijuana when he caused the crash last month near Tropicana and Rainbow. One person was killed.

The 17 year veteran of the Highway Patrol is free on $50,000 bail. He has been on paid administrative leave since the crash, pending the outcome of the investigation.

Lattin is scheduled for a preliminary hearing on October 15, 2008. He is charged with felony DUI resulting in death. If convicted he could be sentenced to up to 20 years in prison.

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