Battle DUI Law Blog

Juvenile Court Judge in Wytheville Charged with DUI

In “this” venue, a policeman presided while a judge took orders.

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N.Y. Congressman Charged with DUI in Alexandria Virginia

 

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Many U.S. Drivers Admit to Driving Under the Influence

An April 2008 report by the Substance Abuse and Mental Health Services Administration (SAMHSA) reveals that a quarter of all drivers in certain states admitted to driving under the influence last year. The report also found 15.1 percent of the nation’s drivers age 18 and older drove under the influence at least one time in 2007.

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Sandra Bullock's Rented SUV Totaled by Drunk Driver

Actress Sandra Bullock and her husband, Jesse James avoided injury Friday night in Gloucester, Mass. when a drunk driver slammed head on into their chauffer-driven sport utility vehicle, the Associated Press reported.

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NBA Star Carmelo Anthony Arrested for Suspected DUI

On April 14, NBA All-Star Carmelo Anthony was arrested on suspicion of driving under the influence. According to police, the Denver Nuggets forward was arrested after being pulled over for weaving and failing to dim his lights.

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Seven-Year-Old Left Brain Dead By DUI Crash

After being struck by a vehicle on April 13, 7-year-old Selma, North Carolina native Marcus Lassiter lay brain dead in the hospital the following evening.According to Sgt. K.D. Bell of the Johnston County office for the N.C. Highway Patrol, a man who told them his name was Pollo Hernandez Rodriguez has been charged with felony hit and run, felony assault, driving under the influence, possession of a stolen vehicle, driving without a license, speeding, and reckless driving. According to Bell, the man is currently imprisons in Johnston County jail with bail set at $1 million. He said that investigators are attempting to verifying his identity. The first name he gave police translates to "Chicken." His citizenship status is also in question.

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Former O.C. Star Mischa Barton Pleads No Contest to DUI

Mischa Barton, former star of popular TV show "The O.C.," has entered a plea of no contest to drunken driving (DUI) following a December arrest in West Hollywood, California. Barton was absent from the courtroom in Beverly Hills on April 10 as her attorneyr entered the pleas of no-contest on her behalf for charges of driving under the influence and driving without a license.On December 27, sheriff's deputies spotted the 22-year-old actress straddling lanes with her vehicle and failing to use her turn signal, eventually leading to the arrest.According to her attorney, Barton assumes full responsibility for her actions and will be required to pay a fine, serve three years' probation, and attend an alcohol education program.

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Henrico County driver arrested for DUI exiting Exxon car wash

 A clerk at a Henrico County Virginia Exxon Station tipped off Henrico County Police that a customer appeared to be intoxicated. The clerk observed the man stumble in and out of the store at the Exxon on Staples Mill and Glenside. The clerk noticed that their were 2 children in the car and called 911.The customer had ordered a car wash at the Exxon and the police were waiting for him as he exited.  It may be the first known DUI  arrest where the  basis  of the stop  was  weaving  within  the  drive  through  car  wash  lane.  The driver was charged with a second DUI within 5 years.If convicted, Virginia DUI Law requires that a 2nd DUI in 5 years carries a mandatory minimum 20 day jail sentence and DUI with a passenger under 17 in the car carries an additional 5 day jail sentence. To read the account from Richmond channel CBS 6- WTVR, click Henrico Police say Clerk Helped Capture alleged Drunk Driver.

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Former WWE Star Andrew "Test" Martin Flunks DUI Sobriety Tests

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Man Jailed on 13th DUI Charge

A man from Owensville, Ohio has been arrested on his 13th charge of driving under the influence.The man, 60-year-old John Stroop, pled not guilty befor Maginstrate Gregory Chapman in Municipal Court on Monday, April 7 to charges of driving with fictitious license plates and a traffic lane violation. A hearing on the felony charge of DUI is upcoming.

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MLB Star Spiezio Pleads Guilty to DUI

On Monday, April 7, former St. Louis Cardinal Scott Spiezio pled guilty to misdemeanor drunken driving (DUI) and hit-and-run charges that stem from a car crash that occurred in Orange County, California in December.According to Farrah Emami, spokeswoman for the Orange County District Attorney's office, Spiezio's lawyer entered the plea of guilty as part of a plea agreement. Spiezio has been ordered to serve three years probation, undergo a three-month alcohol program, attend two meetings of Alcoholics Anonymous, and complete 80 hours of community service.

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Connecticut Lawmakers Hope To Cut Down On DUI By Placing Breathalyzers In Bars

State lawmakers in Connecticut are hoping to cut down on DUIs with legislation they are considering which would provide incentives for bar and restaurant owners who install breathalyzers in their establishments. If passed, the legislation would be the first of its kind in the U.S.

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Florida Man Receives Five Year Prison Sentence For His Fourth DUI In The Past Decade

On Tuesday, March 18, a 37-year-old Florida man received a prison sentence of five years after being convicted of driving under the influence. The DUI conviction is his fourth within the past ten years.The state was seeking a 10-year sentence for Michael Douglas Duncan, who tried to flee from the police in August of last year while he was operating a motorcycle while drunk. He was found guilty of two third-degree felonies in February. One count was for the DUI offense, the other was for his attempt to elude and resist an Ocala, Florida Police officer who attempted to pull him over.

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Guitarist Richie Sambora Arrested For DUI

Guitarist Richie Sambora has been arrested in California on suspicion of driving under the influence of alcohol.  The 48-year-old Bon Jovi member was arrested on Tuesday, March 25 shortly before 11:00 p.m. after an officer noticed that the black Hummer driven by Sambora was weaving in traffic lanes, according to Sgt. Jason Kravetz of the Laguna Beach Police Department.Kravetz said that the officer gave Sambora field sobriety tests and arrested him without incident. He was booked at the Laguna Beach jail before being released at 4:00 a.m. Kravetz said that Sambora fully cooperated with the police.

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Hulk Hogan Sued by Passenger Critically Injuired in Car Driven by Wrestler's Son

The family of a man critically injured in a car crash with the son of Hulk Hogan has sued the professional wrestler, according to MSNBC.com.

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California Fugitive Arrested In Virginia. DUI Among His Charges

A California man who was wanted for charges including kidnapping, armed, robbery, assault with a deadly weapon, and driving under the influence, among others, was captured in Virginia by U.S. Marshals.

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Tennessee Police Officer Resigns After Being Charged With DUI And Leaving The Scene Of An Accident

A police officer in Hermitage, Tennessee, 37-year-old Metro Officer Stephanie Callahan, has resigned from the Hermitage Police Department as a result of charges of driving under the influence and leaving the scene of an accident. The charges stem from an accident on the night of Sunday, March 15 in which she crashed her Ford Explorer into a stop sign. The department confirmed that her resignated was effective immediately.On the night of the accident, Callahan was driving along when she failed to make a turn at an intersection and crashed, according to a police affidavit. She then left the scene and upon her return, police reported that she had an obvious odor of alcohol around her and admitted that she had been drinking.Callahan was given a breathalyzer test and registered a .17, over twice the legal limit of .08.Callahan had only been employed as an officer at the Hermitage Precinct for two weeks. She graduated from the training academy earlier in the month.The matter is still under investigation by the police department.

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West Virginia Woman Charged With Child Endangerment After Being Pulled For Reckless Driving and DUI

A woman from Boone County, West Virginia has been charged with endangerment of her 9-month-old child after being pulled over on Monday, March 16 by West Virginia State Police for reckless driving and driving under the influence.

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Virginia Legislature Revives Bill To Install Ignition-Interlock Devices In Vehicles Of First-Time DUI Offenders

The Virginia Senate Courts of Justice Committee recently reconsidered and revided legislation that would require all drunken driving ("DUI") offenders in the state, including first-time offenders, to install ignition interlock devices in their vehicles. Both chambers passed the legislation.On Monday, March 3, the Senate Courts of Justice Committee reconsidered House Bill 1442, which had already passed in the House. The bill passed with substitute legislation in the Senate on Tuesday, March 4 and passed unanimously on Thursday, March 6 in the House.Not only does the improved bill require ignition interlocks to be implemented after the first conviction for driving under the influence, it also raises the administrative fee from $20 to $75.If the driver convicted is indigent or prohibited from driving a school or commercial vehicle, the bill also allows the cost of the device to be paid from the criminal fund.Another addition to the bill, which goes into effect on October 1, 2008, is that the DUI offender will have to pay a $30 monthly fee.According to Delegate Salvatore Iaquinto (R-Virginia Beach), the bill's sponsor, ensuring that offenders do not drink and drive a second time is the only way to ensure that convicted DUI offenders stop harming people. He believes this legislation fills that purpose and will make the roadways of Virginia safer.The alcohol-ignition interlock device is essentially a Breathalyzer that is linked to the ignition system of a vehicle. In order to start the vehicle, the driver must blow into the device, which then reads his or her blood-alcohol level. If a set limit is exceeded, in this case, a blood-alcohol level of 0.02, the vehicle will not start.Currently in Virginia, ignition interlocks are required to be installed in the vehicles of multiple DUI offenders or first-time offenders who register a blood-alcohol level above 0.15, which is nearly twice the legal limit of 0.08.

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Widow Files Suit Against Reckless Driver Who Killed Off-Duty Virginia Beach Police Officer

The wife of a Virginia police officer who died in a traffic accident last yer has filed a $1 million suit against the reckless driver of the vehicle that caused the accident.

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Supreme Court of Kentucky rules against BAC validity in delayed testing

The Kentucky Supreme Court unanimously overturned the 2003 DUI conviction of Nelson Lopez of Lexington, writing prosecutors were wrong to argue it doesn’t matter what a suspect’s BAC level is while operating the vehicle, as long as the BAC measured above the legal limit of 0.08 within two hours of operating a vehicle. Lopez was charged with DUI in October 2002 and recorded a 0.08 BAC one hour after his arrest.

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Punter Booted off Team after DUI Charge

University of Tennessee punter Britton Colquitt was booted from the football team for five games by Coach Phillip Fulmer, who also took away the senior’s athletic scholarship, according to SI.com.

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Kentucky Prosecutor Charged with DUI

A Lexington, Kentucky prosecutor soon will know how it feels to be a defendant in a drunk-driving case.

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Tractor-Trailer Kills Two On I-81, Driver Charged With Reckless Driving

Two people were killed on the night of Tuesday, February 25 in a wreck on Interstate 81 caused by a reckless driver.

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Virginia Man Charged With Two DUI's During The Same Weekend.

A man from Abingdon who was charged with drunken driving after crashing into a state trooper in Smyth County on the night of Friday, February 1 was arrested a second time on the morning of Sunday, February 3, on charges of intoxication in public and possession of drugs, according to Virginia state police.Shortly after 2:00 a.m., a Chilhowie police officer pulled over a vehicle in which Barry Dean Marshall II was a passenger. According to Virginia State Police spokesman Mike Conroy, the car was stopped after the officer had received notification of a vehicle being driven erratically from the Sheriff's Office of Smyth County. According to the arrest warrant, the officer spotted the vehicle on northbound Interstate 81.Police in Chilhowie arrested the driver, 21-year-old Traci Peake, for driving under the influence.During the same incident, Smyth County deputies who assissted with the stop arrested 32-year-old Marshall on charges of public intoxication and possession of drugs with intent to manufacture or sell, the arrest warrant said.Marshall had recently been charged with a DUI after he struck trooper K.S. Chapman only a few miles from where he was arrested after the second incident, Conroy said.

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Two Roanoke County Residents Accused Of DUI After Fatal Work Zone Crash

Two residents of Roanoke County have been accused of driving under the influence after a chain-reaction crash at a road construction work zone that resulted in the death of a paving company employee.Early on Wednesday, February 20, 46-year-old Richard Sloan was killed while working in the Cave Spring area with S.R. Draper Paving Company.According to Roanoke County police, 42-year-old Tracie Nininger was being held without bond on charges of involuntary manslaughter and driving under the influence. Another driver, 32-year-old Jeffrey Dupree was released on bond after being charged with DUI.

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Roanake Police Officer Charged With DUI After Crashing His Police Cruiser

A police officer from Roanoke

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General Assembly Trying to Increase Penalties for Abusive Driving In Hopes of Reducing It

The infamous abusive driver fees of the state of Virginia may have garnered a great deal of attention last year, but members of the General Assembly submite dozens of bills each year intent on curbing reckless driving.In 2008, Approximately 75 bills have been drafted relating to driver safety. Nearly one-third of them called for the direct repeal of abusive driver fees, a series of large fines imposed on drivers convicted of traffic violations. Last year, the fees drew the collective ire of the public. However, some 50 bills sought to stiffen the fines and penalties of other traffic safety laws.Legislators have proposed that the punishments for driving without a license or convicted of drunk driving be stiffened, in addition to tightening restrictions on teenage drivers. According to some local representatives, driving saftey is still a problem, especially in the Northern Virginia area.According to Del. Dave Albo (R-42), there are approximately 42 people injured on the roads of Northern Virginia each day. He said there are higher odds of being injured on a road in Northern Virginia than there are of being killed in a dark alley at night.Advocates for Highway Safety president Judie Stone said that approximately 1,000 people died in motor vehicle accidents in Virginia in 2006.Stone's organization released a report on February 18 that rated Virginia, in addition to 30 other states, as "yellow" when it came to raod safety laws. There were 18 states, including Washington D.C. and Maryland, that were rated as "green," the highest category. She said Virginia could easily be rated "green" if its seat belt requirement was made a "primary offense." It is currently only a "secondary offense" and a person not wearing their seat belt can only be charged if pulled over for another reason.The report by Stone's organization said that in 2006, nearly 55 percent of people killed in car accidents weren't wearing seat belts. The report estimated that of the 4,200 lives lost in Virginia car accidents between 1996 and 2003, 294 could have been saved had the sealt belt law been a "primary offense."Sen. Patricia Ticer (D-30) and Del. Kris Amundson (D-44) both have introduced bills that would make seat belt law a "primary offense." Amundson's was killed in the House of Delegates Police, Militia, and Firearms committee and Ticer's passed out of the Senate, but is expected to be killed by the same House committee.Del. Sal Iaquinto (R-84) has proposed law dealing with another vehicular problem, drunk driving. His propsoal would require those convicted to have an ignition interlock installed on their car after the first offense which would have to be breathed into to start the car as well as periodically breathed into to keep it running. It also includes a $75 fee and $30 per month user charge that would be required to be paid by the offender to cover the machine's costs.The purpose of the device is to prevent repeat offenders of drunk driving from doing it again. the Advocates for Highway Safety Report says that there have been studies showing that a person has driven under the influence of alcohol 87 times on average before being caught. There is also support for a bill Del. William Janis (R-56) proposed that would increase the amount of time the license of a minor caught drinking and driving would be increased from six months to a year and require a fine of $250, minimum. Washington Region Alcohol Program President Kurt Erickson said that in the past five years, underage crashes involving alcohol have increased 40 percent, the largest part of that increase coming from Virginia teenagers.

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Virginia State Trooper Injured By Alleged Drunk Driver

After being struck on Interestate 81 by the vehicle of a man who had allegedly been driving under the influence of alcohol, A Virginia State Police Trooper had to be placed in intensive care

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We're #1: Virginia Most Expensive State For Speeding Tickets

I am sure that the latest government statistics came as no surprise to the hundreds of motorists who contact Richmond Virginia Traffic Lawyer Bob Battle to represent them on their Reckless Driving Speeding charge in Virgina. Virginia is the most expensive State in the country for Speeding tickets. If you plan on taking a road trip, go easy on the gas pedal, especially if you plan to travel up or down the East Coast.

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Targeted Police Patrols Produce Fewer Citations This Year

Only in Virginia would a total of over 1,000 traffic tickets in only 2 days in 3 stretches of highway be considered a low amount! On Sunday February 10 and Monday February 11, saturation patrolling by Virginia State Troopers on Interstates 295, 85, and 77 resulted in the lowest number of traffic summonses and criminal arrests since the beginning of the operation in the year 2006.

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Family Unhappy With One-Year Sentence Man Received in Henrico County For Fatal DUI Crash

The family of a college student from Henrico County, Virginia who was killed by a drunk driver last summer says that they are once again in mourning over the one-year prison sentence issued to the driver on Tuesday, February 12.

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Study shows Virginia Civil Remedial Fees fail to make Virginia Highways Safer

A Virginia government study, the first broad review of Virginia's Civil Remedial Fees for traffic offenses such as reckless driving/speeding and DUI, shows that the fees, which took effect July 1, 2007, have not affected traffic safety as promised by proponents of the legislation according to an article in The Washington Post.

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TV Actor Gary Collins Charged with DUI

This time, he was the one in the blinking lights.

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Highway Motorists Ignore "Move Over" Law

Two close calls last weekend in the Richmond area illustrate why Virginia has a “move over” law for highway motorists.

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Newspaper Poll Finds Voter Majority Oppose Civil Remedial Fees

Proposed civil remedial fees in the Commonwealth were supposed to help pay for transportation. But Virginia voters aren’t so sure. And this vacillation has legislators wondering which way to stand on this hot-button, November issue.

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Definition of "Resident" Key in Determining Who Is Liable for Civil Remedial Fees

Just who is liable for paying Virginia’s civil remedial fees?

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Mike Tyson Pleads Guilty to Cocaine Possession and DUI

Mike Tyson is tied up in a corner, still struggling with an opponent he’s yet to beat.

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Riders Stranded on Roller Coaster for Two Hours; Twelve Injured When Car Slams to Stop

Think about being stranded on a roller coaster 10 stories high for two hours. Now think about that not being the worst part of the ride.

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Vivica A. Fox Pleads Not Guilty to DUI

Despite allegedly driving 80 miles an hour and weaving on the Ventura Freeway, failing California Highway Patrol (CHP) conducted field sobriety tests and recording a BAC over the state limit of .08, an attorney for actress Vivica A. Fox entered a not guilty plea on two counts of DUI September 27 in Los Angeles Superior Court. If convicted, she faces up to a year in jail and a $1,000 fine.

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West Virginia to Consider Increasing DUI Penalties for Higher BAC's like Virginia DUI Laws

Aggravated DUI could soon become a statute in West Virginia. If so, it would be just the 32nd state with the DUI law. Virginia has already enacted increased penalties for BAC's of .15 or above.

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Virginia Cities Raising Speeding Fines

Charlottesville is one of many cities that has decided to take advantage of a 1996 law that authorized jurisdictions to tack an extra $200 fine onto selected speeding tickets handed to drivers accused of exceeding the limit by 1 to 20 MPH.

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Are Intoxilyzer 5000 BAC results accurate?

When a police officer arrests you for a Virginia DUI, restrains your wrists with metal handcuffs, robotically reads the Miranda Law then pushes on your head as you wobble into the back seat of his cruiser, you’d like to be sure that the station breath testing machine you have "consented" to take is accurate.

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Minnesota Appeals Court Rules State Must Provide Source Codes for DUI Breath Machine

In an Opinion issued July 26, 2007, the Minnesota Supreme Court upheld the Trial Court's decision requiring the State to reveal Intoxilyzer 5000 source codes in a DUI prosecution. The Intoxilyzer 5000 EN is the machine currently used for breath testing for DUI's in Minnesota. The "source code" is basically the software program used by the breath machine to extrapolate a small breath sample to an overall blood alcohol content for the entire body.

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Virginia is for Speed Traps t-shirt

Richmond Virginia Traffic Lawyer Bob Battle spends almost every day in traffic courts in Virginia. Bob Battle has also moonlighted as a professional comedian for 20 years. Fed up with his state's new "Civil Remedial Fees for Traffic Convictions" which added huge mandatory fines to the already harsh criminal designation of certain speeding offenses and made his home state the "home of the $3,550 speeding ticket," Battle used his wit to design this protest t-shirt.

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Fairfax County Prosecutor Bob Horan Considers Retirement

Various media sources are reporting that legendary Fairfax Commonwealth Attorney Bob Horan is seriously considering retiring. There is speculation that he is waiting to announce his decision until right at the filing deadline to keep other potential candidates from challenging his choice to succeed him, long-time chief deputy, and worthy successor, Ray Morrogh. Bob Battle had the pleasure to work for Horan and work with and for Morrogh as a Fairfax County prosecutor from 1986 to 1990.

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