Man arrested for DWI also charged with 2 counts of attempting to bribe a public servant

Polk County, FL

Do you think there would have been a story if Mr. Martinez had offered $10,000 instead of $100?

A Sebring man arrested early Saturday on charges of drinking under the influence got himself into more trouble by trying to bribe his way out of the arrest, according to a Sheriff's Office report.

Lazaro Martinez, 28, is charged with DUI and two counts of bribing a public servant.

He was stopped at a red light at U.S. 27 and Chalet Suzanne Road about 7 a.m. when a deputy noticed the red 2005 Mercedes-Benz had not moved, even after two green lights, the report said.

The deputy approached the window and found Martinez asleep behind the wheel.

Martinez failed the roadside sobriety tests and the deputy arrested him. While en route to Polk County Jail, Martinez offered the deputy $100, then $200 to let him go, the report said. In the breathalyzer room, he asked a detention deputy 'what it would take to let him walk out the door,' the report said.

Martinez is being held in Polk County Jail without bail.

Driving While Intoxicated Defense Attorney

 Subscribe to DWI News Links

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.

 Subscribe to DWI News Links

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."

Missouri DWI Information

 Subscribe to DWI News Links

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.

 Subscribe to DWI News Links

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.

 Subscribe to DWI News Links

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.

 Subscribe to DWI News Links

Woman crashes Dodge Durango into pool, charged with driving while intoxicated

Tampa, FL

Do you think the cop asked the driver, "Do you know why I pulled you over...?"

Lights shone through Bill and Laura Haggerty's bedroom window late Wednesday night, accompanied by a deafening bang.

Nicole Renee Carlin

Bill Haggerty thought a transformer exploded. Somehow, his wife knew exactly what happened.

"Oh my gosh, somebody drove into the pool," Laura Haggerty said.

As she called 911, Bill went to the screened back patio of the house he rents on Water Oak Drive in Port Richey.

"I ran out and there was a Durango in my pool," he said.

Nicole Renee Carlin, the woman who crashed her Dodge Durango SUV into the swimming pool, was not hurt, but she was disoriented, Haggerty said.

The SUV's back end was in the pool. Carlin opened the driver's door, which was above the water.

"As she stepped out, she sank to the bottom of the pool," Haggerty said.

He fished her out and asked if she was OK. Carlin, 36, asked where she was and what happened.

"I've got to get out of here," Carlin said. "Please, don't call the police."

"Ma'am, you can't leave," Haggerty said. "Your truck's in my pool."

"I can get it out," Carlin said.

She then slipped through the sliding glass door and into the house, yelling and cursing, Haggerty said.

"I don't know why I was so polite, but I said, 'Ma'am, watch your language. I have small children,'" Haggerty said.

Carlin then left the house without leaving any information.

According to a report by the Florida Highway Patrol, this is what happened next:

Haggerty followed her, but when he saw emergency medical service personnel, he told them where he saw her going.

She entered another home, 10970 Peppertree Lane, and law enforcement stopped her.

Carlin, of 7525 Fox Bloom Drive in Port Richey, smelled of alcohol, had poor balance and bloodshot, watery eyes. She performed poorly on field sobriety tests and was placed under arrest.

The Florida Highway Patrol charged her with DUI, DUI with property damage, trespassing and leaving the scene of an accident. She is being held tonight at Land O' Lakes Jail with bail set at $1,500.

Truck in Pool DWI Arrest Report

Truck in Pool DWI Arrest Documents

Truck in Pool Photo Gallery

 Subscribe to DWI News Links

Florida highway officials say alcohol plays no role in almost 70% of fatal accidents

Tallahassee, FL

The misleading title of this article is, "More than 30% of fatal accidents blamed on alcohol." Read the first sentence carefully. The unnamed officials at the Florida Department of Highway and Motor Vehicles are reported to have said alcohol "plays a role" in nearly 1/3 of fatal crashes. There is a big difference between plays a role and are caused by.

Don't you think that they would have said, "Alcohol intoxication was the cause of nearly 1/3 of fatal crashes," if such statement could be substantiated?

Also, an FYI. Glynn Birch, the national president of MADD is not a MADD. He's a FADD.

Officials at the Florida Department of Highway and Motor Vehicles says alcohol plays a role in nearly a third of all deadly car accidents in Florida. And on Monday some of the men and women who work to keep drunk drivers off the road were recognized.

Each of the nearly 150 officers that were recognized, helped to get at least 100 drunk drivers off the road last year.

Mothers Against Drunk Driving honored their achievements at the awards ceremony which was Emceed by our own Frank Ranicky.

Officers say drunk driving continues to be far too common. "It's unfortunately something that happens easily all over the U-S and by DUI enforcement officers like myself and the other people recognized today we're out here to reduce that number and to try to eliminate DUI driving in general," says Deputy Benjamin Benedict of the Leon County Sheriff's Office. More >>

 Subscribe to DWI News Links

DUI program chief charged with DUI, property damage, leaving the scene of an accident, resisting arrest, and disorderly intoxication

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]

Palm City, FL

The director of a non-profit agency which provides educational services to people on probation for DUI and other misdemeanors has herself been arrested for driving under the influence.

Margot “Peggy” Cioffi, 59, of Palm City, has been suspended as executive director of the Comprehensive Offender Rehabilitation and Education program (CORE) which serves about 5,000 people in Martin, St. Lucie, Okeechobee and Indian River Counties.

Cioffi is charged with DUI with property damage, leaving the scene of an accident with property damage, resisting arrest without violence and disorderly intoxication. Police said her blood alcohol content was 0.336, more than four times Florida’s legal limit of .08 percent.

Police said that Cioffi was involved in an automobile accident about 5:30 p.m. last Monday on Martin Downs Blvd., Palm City. She was arrested about an hour and a half later at her home. Police said she struck another car with her Nissan SUV, drove home and pulled away from a deputy as he tried to handcuff her. The police report says that she screamed so loudly that neighbors came out of their homes due to the commotion.

She has been released from the Martin County Jail on $2,000 bond.

Cioffi was suspended without pay Wednesday pending the outcome of the charges. She has served as CORE’s executive director since 1989 and had previously served as a evaluator and instructor.

Since her suspension, Peggy likely is spending more time at her home in Palm City, Florida.

 Subscribe to DWI News Links

MADD "Mother" Donald Murphy pushes mandatory ignition interlock Bill through Florida legislature

Tallahassee, FL

Mother against drunk drivers' Donald Murphy, MADD's Florida CEO, rehashes MADD's 2005 Florida fear-mongering propaganda campaign to increase the use of notoriously inaccurate and unreliable ignition interlock devices.

MADD mother Donald Murphy's exploitation of a dead child's mom is typical. Use a grieving parent to as the sympathetic "face" of a carefully calculated lobbying effort for the passage of legislation to create huge windfall profits to IID manufacturers at the expense of the public, who is lulled into a false sense of increased roadway safety.

The Florida House Committee on Infrastructure recently agreed that first-time DUI Offenders with a Blood Alcohol level of .15 (nearly twice the legal limit) have earned the right to have an Ignition Interlock device installed on their vehicle. A bill (HB 369) presented by Florida Representative David Simmons (R) and strongly supported by Mothers Against Drunk Driving recently moved forward with the unanimous approval of the committee.

“This is a good piece of legislation that will save lives,” stated MADD Florida’s CEO, Donald Murray. “It is essentially an inoculation against repeat DUI offenses. Drivers, who have made the decision to drive while impaired, will be far less likely to re-offend while the Interlock device is installed on their vehicle.” About one third of all DUI arrests involve repeat offenders.

Among those speaking to the Committee on behalf of this bill was Anna Redgate, whose nine-month old daughter, Grace, was killed by a repeat DUI offender in a horrific crash that tore Grace’s stroller from her mother’s grasp while taking an evening walk.

“It’s very simple,” Mrs. Redgate told the Committee. “If this man had not been able to start his car, Grace would be alive today. He was driving with an extremely high blood alcohol content…three-times the legal limit…and was a repeat offender.”

Ignition Interlock devices are about the size of a cell phone and are wired into the starting circuit of a car or truck. Drivers must blow into the device prior to starting and in just a few seconds, the device will determine if the operator is drunk or sober. For sober drivers, the vehicle will start as normal but will not start if the operator is drunk. Recent advances in technology make these sophisticated devices quite reliable and resistant to tampering and “cheating”. Small computers under the hood store all data related to the use of the devices and this data is periodically downloaded with information provided to the Department of Motor Vehicles for monitoring.

“The bill has one more stop in the House and then the Senate must pass their version of the bill but we can’t imagine any reason why any legislator would not want to support this bill,” continued Redgate. “I’ve just learned that they’re going to name the bill Grace’s Law after my daughter. I’m very touched by this honor.”

 Subscribe to DWI News Links

Driver, 83, who struck 4, faces trial in DUI case

Ocala, FL

If an 83 year-old man in a wheelchair is wearing it, the proper term is "red sweat suit," not "red jogging suit."

An 83-year-old man, who on Tuesday injured four people when he drove through a picnic area at a church, was in court Thursday in reference to a drunken-driving case.

Nicholas Riscili was arrested by a Belleview police officer in November for being more than twice the legal drinking limit. Following his Nov. 26 arrest on a charge of driving under the influence, he was issued a 30-day permit to drive for business purposes only.

According to Marion County Jail records, Riscili's November arrest was his third since August 2002, and includes a refusal to submit to a breath test.

Riscili's attorney, Mark D. Shelnutt, said Thursday that his client's permit expired Tuesday, the day of the crash.

With his daughter assisting him in his wheelchair, Riscili, dressed in a red jogging suit, was brought in front of County Judge John Futch, who set a trial date of Jan. 28. Shelnutt said Riscili has 10 days to file an administrative appeal.

In the meantime, Shelnutt said, Riscili's daughter is "down here to try and help us through this whole thing."

"For right now, he's not allowed to drive," Shelnutt said. More >>

 Subscribe to DWI News Links