Battle DUI Law Blog

Former Carnegie Mellon Professor Arrested For DUI One Year After Three DUI Arrests In Eight Days

Police say former Carnegie Mellon University professor Jeffrey Hunker was arrested for drunken driving (DUI) on Thanksgiving, just over a year after being arrested for three DUIs within an 8-day period.

 

Police say Hunker struck one vehicle at approximately 7 p.m. near his home. No one was injured.

 

Common Pleas Judge Anthony M. Mariani called Hunker “a danger to the community” in August 2008, but declined to sentence him to prison when Hunker opted to check into a rehabilitation center in Virginia. At the time, his attorney said that he was getting the treatment he needed.

 

At the time of his initial arrests, Hunker was an adjunct faculty professor of technology and policy at the John Heinz III School of Public Policy and Management.

 

A faculty page still exists for Hunker on the university’s Web site, but his directory entry there says that he is no longer affiliated with the school.

 

Court records show that Hunker has a trial scheduled for February 17 on the first three DUI cases.

Virginia Beach DUI Officer Appeals DUI Conviction

A DUI enforcement officer from Virginia Beach has filed an appeal of his conviction for charges of driving under the influence and hit-and-run.

 

On September 21, Bryan K. Womble was found guilty after a bench trial in Virginia Beach General District Court. He appealed to Circuit Court.

 

Womble, 37, was sentenced by Substitute General District Court Judge E.L. Turlington Jr. to five days in prison and his driver’s license was suspended for a period of one year. Womble was also ordered to have an ignition interlock device installed on his vehicle for six months, attend alcohol safety awareness classes, and pay fines of $500.

 

On June 20, Womble was arrested while not on duty. According to the prosecution, his vehicle struck another and failed to stop.

 

Womble was a member of a team specializing in enforcement of DUI laws. He was placed on administrative duty after his arrest.

Weyers Cave Woman Found At Home After Fleeing From DUI Crash

A woman from Weyers Cave was arrested on September 14 on charges of drunken driving (DUI) and hit-and-run after police say she crashed her vehicle and fled on foot.

 

According to the Virginia State Police, 47-year-old Ramona D. Valentine was westbound on Captain Shands Road toward U.S. 11 south of Mount Crawford when her sedan went off the right side of the road, struck a fence, and overturned.

 

Valentine, who was not believed to be seriously injured, fled before a trooper arrived at approximately 1 a.m., VSP 1st Sgt. Bryan Hutcheson said. He said she was the only occupant of the vehicle and no other vehicles were involved.

 

Police say the trooper who responded to the scene located Valentine at her home shortly after the wreck, based on the vehicle’s registration.

 

According to Hutcheson, Valentine had a blood-alcohol content that was “well over” the legal limit of 0.08.

 

Court records show that this was the second charge of DUI against Valentine within the past five years.

U.S. Supreme Court To Hear Virginia Confrontation Case

The remand of the ruling of the Virginia Supreme Court in the case of Magruder v. Commonwealth appeared to be the most likely result of the U.S. Supreme Court’s June 25 ruling on the application of the Confrontation Clause to lab reports.

Essentially, the U.S. Supreme Court said that having an affidavit from a lab technician is not a substitute for having a live technician appear in court. However, the court described a constitutionally acceptable procedure to present the testimony by affidavit unless the defense insists upon a personal appearance by the technician. At first glance, the system in Virginia seemed short of the court’s standard.

However, on the last day of its term on June 29, the high court agreed to hear the Magruder case, which had been renamed Briscoe v. Virginia, Record No. 07-11191, due to Magruder, the first of three defendants in separate cases decided by the Virginia Supreme Court, decided not to file an appeal.

The grant of certiorari was particularly surprising due to the U.S. Supreme Court remanding cases to courts in Ohio and California for consideration in light of the June 25 decision, Melendez-Diaz v. Massachusetts.

According to speculation by veteran Supreme Court observer and analyst Lyle Denniston, the dissenters in the Melendez-Diaz case could be setting up a quick reversal.

The case was decided 5-4, and one of the five, Justice David Souter, will be leaving the court soon.

Denniston believes Souter’s likely successor, Judge Sonia Sotomayor, could side with the dissenters.

The alliance to rewrite the Confrontation Clause jurisprudence of the court is different from the high court’s predictable division. Three members of the court usually considered to be part of the “liberal wing,” Souter, John Paul Stevens, and Ruth Bader Ginsburg, joined with conservatives Antonin Scalia and Clarence Thomas on the decision, while liberal Stephen G. Breyer going with conservatives John G. Roberts, Samuel A. Alito Jr. and Anthony M. Kennedy in dissent.

The office of the Virginia attorney general has a view of the case that is less conspiratorial, saying that the court’s decision signaled its approval of “notice-and-demand” statutes. They also said the next logical step would be to decide which of the “notice-and-demand” statutes would be permissible.

After Two Delays, Stallworth Pleads Not Guilty To DUI Manslaughter

After the prosecution delayed twice, Cleveland Browns wide receiver Donte Stallworth finally appeared in a Miami-Dade, Florida courtroom on June 5 to plead not guilty to charges of DUI manslaughter.

The charges stem from a March 14 incident in which the 28-year-old pro footballer allegedly struck and killed 59-year-old Mario Reyes. According to police reports, Stallworth had a blood-alcohol content of 0.126, above the legal limit of 0.08.

According to the reporting officers, Stallworth’s breath reeked of alcohol and his eyes were bloodshot and watery. They say he admitted to officers at the scene that he was the one who was driving the car that struck Reyes.

Stallworth is out on $200,000 bail and is required to submit to random drug and alcohol testing and must adhere to a strict curfew.

If convicted, Stallworth could face up to 15 years in prison.

Arrests Not Effective Countermeasures For Some Drunk Drivers

Statistics recently released by Colorado’s Denver Post have shown that for some DUI offenders, arrests are not an effective deterrent.

One Colorado resident, Richard Strock, was recently arrested after a DUI crash in which his ex-wife died. He had 18 prior arrests for suspected DUI.

According to court records, Strock’s blood-alcohol content was three times the legal limit of 0.08.

He is not an isolated case.

According to police, a man from Grand Junction, Colorado with prior DUI convictions crashed his vehicle while driving drunk on June 6.

Police say Edward Morris was southbound at a high rate of speed when his vehicle overturned.

The Denver Post conducted a review of 195 homicide-DUI cases in the state since 2005, and discovered that at least 30 percent of the drivers involved had prior arrests for drunken driving.

According to the newspaper, three of the defendants picked up new charges of DUI after being accused of killing people while driving under the influence.

Adams County, Colorado District Attorney Don Quick referred to repeat DUI offenders as “ticking time bombs.”

Detroit Shock Center Kara Braxton Suspended After DUI Arrest

It’s not just male athletes that get busted for driving under the influence.

Kara Braxton, center for the WNBA’s defending champions, the Detroit Shock, has been given a six game suspension after she pleaded guilty to a charge of DUI during the offseason.

The league made the announcement regarding Braxton’s suspension on June 5, one day before the WNBA season opener in which the Shock faced the Los Angeles Sparks (even without Braxton, Detroit won 81-52). Last year, Braxton averaged 8.9 points and 5.1 rebounds in 33 games.

Braxton is no stranger to suspension. In 2007, she was suspended for another DUI arrest. She was an All-Star that year. She was also suspended in 2008 for her role in a fight between Candace Parker and Plenette Pierson.

Driver In Adenhart Death Pleads Not Guilty

Andrew Thomas Gallo, the man who was charged with the deaths of 22-year-old Los Angeles Angels pitcher Nick Adenhart and two others in a DUI crash entered a plea of not guilty on Monday, June 8 to three counts of murder.

Gallo, 22, also pleaded not guilty through his attorney to three other felony charges and one misdemeanor charge in connection with the April 9 crash that took place mere hours after Adenhart pitched six scoreless innings in his first career start.

While awaiting the appearance of Gallo, who watched from a security enclosure as his attorney entered the pleas, 24-year-old Jon Wilhite, the lone surviving member of Adenhart’s group, began sobbing. He was embraced by friends and family.

Later, Gallo’s attorney said that he planned to seek a change of venue because he believes his client will not get a fair trial in Orange County, where both the Angels and California State University, Fullerton, where Wilhite played in college. He noted that in another courthouse where Gallo appeared, an Angels poster was hanging in the hallway.

Gallo’s attorney also noted that he and his client have received death threats.

Deputy District Attorney Susan Price disputed the need for a change in venue, saying that the DA’s office doesn’t believe Gallo will face any more prejudice in Orange County than he would elsewhere.

According to Price, if convicted of the three second-degree murder charges, Gallo would face a mandatory minimum sentence of 45 years to life in prison. Conviction on all of the charges would mean a minimum sentence of 54 years and eight months to life.

According to police, at the time the minivan Gallo was driving ran a red light and broadsided the silver Mitsubishi Eclipse occupied by Adenhart and three friends, who were en route to a club to celebrate his successful debut, Gallo’s blood-alcohol content was nearly three times the legal limit of 0.08.

Police say the impact caused both vehicles to spin around and one to strike another vehicle, whose driver was unharmed. Gallo then fled the scene on foot, but was apprehended approximately 30 minutes later.

Adenhart died during surgery at the University of California, Irvine Medical Center. The driver, 20-year-old Courtney Frances Stewart, and another passenger 25-year-old Henry Nigel Pearson, were pronounced dead at the scene.

Wilhite spent weeks in the hospital for “internal decapitation,” in which the skull is separated from the spinal column, a rare condition with an even rarer survival rate.

Man Sentenced To More Than 16 Years For DUI Crash That Killed 7-Year-Old

A man in Four Oaks, North Carolina was sentenced to more than 16 years in prison on May 21 for a DUI crash last year in which he ran over and killed a 7-year-old boy.

On May 21, 31-year-old Hipolito Hernandez was convicted by a jury of second-degree murder and DUI in connection to a wreck on April 13, 2008 that resulted in the death of 7-year-old Marcus Lassiter. Hernandez received a sentence of 196 to 254 months in prison.

On the day of the incident, Lassiter had been playing in his grandmother’s yard and was attempting to cross the road when Hernandez’s vehicle struck him. He later died at the hospital.

Hernandez, an illegal immigrant, has four prior DUI charges on his record. Two of the charges were dismissed, one was reduced, and the fourth was pending.

The defense attorney in both of the dismissed cases was Lee Hatch and the prosecutor in one was Cyndi Jaeger, both of whom are among the six people charged in a ticket-fixing case in Johnston County, North Carolina.

Indictments say that 70 dismissal forms with Jaeger’s signature were filed after she left her job in September 2007. Said dismissal forms were filed for clients of Hatch and three other defense attorneys. Also indicted in the case is a former deputy clerk who has been accused of deleting the names of the attorneys from at least two cases from the courthouse computer system.

The majority of the dismissals cited in the indictments were DUI cases.

However, the two dismissed cases against Hernandez were not part of the indictment. According to Johnston County District Attorney Susan Doyle, the dismissals were due to officers failing to show up in court to testify.

Rich Norwegian Fined $109,000 For DUI

Police have ordered a rich Norwegian to pay a fine of 700,000 kroner (which is $109,000 in American dollars) for driving under the influence. Police say the 49-year-old man drove about 400 yards in the October incident before being stopped near the airport for southern Norway’s Kristiansand. Tests revealed his blood-alcohol content to be 0.188, which would be more than twice the legal limit in the U.S. However, Norway has a much smaller legal limit at 0.02 percent, meaning the man was at more than nine times the legal limit.

The man pleaded guilty to the charges on May 12.

In Norway, drunken driving fines are set by the courts based upon income and personal wealth. According to the ruling, the man’s income is 751,769 kroner ($117,000) and personal wealth is 228 million kroner ($36.6 million).

The man’s license was also revoked for two years and three months.

Man Sentenced To 30 Days In Prison After DUI Crash

A 24-year-old man from Barre, Vermont has been sentenced to 30 days in prison after he pleaded guilty to driving under the influence of alcohol and seriously injuring a passenger in his vehicle, who was visiting from Virginia at the time.

On May 11, nearly one year after the one-car crash occurred, Matthew E. Shedd was sentenced at a hearing in Vermont District Court.

As a result of the incident, 27-year-old Virginia resident Tasha Pecor suffered three broken bones in her back, two broken bones in her neck, a broken breast bone, a broken collarbone, and scars on her face and legs.

Shedd has a prior DUI conviction from 2006.

Early on the morning of June 7, 2008, Shedd was northbound in a Saab when he ran the car partially into a river.

Shedd, his wife, Danielle Shedd, and Pecor all received hospital transport.

Shedd was interviewed at the hospital by Vermont state trooper Megan Wells, who said she smelled alcohol and gave him sobriety tests. His blood-alcohol content was measured at 0.113.

Shedd received a full sentence of one to five years, but the majority was suspended, leaving him with 30 days in jail and 30 days of work crew.

Legislation Would Required Special Plates For DUI Offenders

The state Congress in Tennessee is considering a bill that would require a person convicted of DUI to purchase a special license plate. Currently, the bill is before the House Judiciary Committee, which delayed action on the proposal on April 29.

The committee decided to delay the measure, which is sponsored by Rep. Brian Kelsey (R-Germantown), until May 6.

Under the proposed measure, a judge would be required to order a person found guilty of DUI to obtain a yellow license plate containing the words “DUI OFFENDER” in red letters. The plate would remain on the person’s vehicle for at least one year.

A companion bill has stalled in the Senate Judiciary Committee since February.

Rookie Angels Pitcher Adenhart Killed In Crash, Driver Charged With Murder And DUI

On April 13, the San Gabriel, California man who has been accused of killing three people, including 22-year-old rookie Anaheim Angels pitcher Nick Adenhart, in a crash while driving under the influence was in court on multiple murder charges.

The judge agreed with the prosecution that 22-year-old Andrew Thomas Gallo represented a flight risk and raised his bail to $2 million. Gallo did not enter a plea during the proceedings.

Police say that Gallo, who was driving on a suspended license because of a prior DUI conviction, fled the scene of the fatal April 9 crash and was apprehended 30 minutes later.

According to Orange County District Attorney Anthony Rackauckas, his office made the decision to pursue second-degree murder charges because Gallo’s actions display implied malice, based on his criminal record.

The crash took the lives of Adenhart, 20-year-old Courtney Frances Stewart, and 25-year-old Henry Nigel Pearson. Officials say that at the time of the crash, Gallo had a blood-alcohol content three times that of the legal limit.

Police Officer Returns To Work, Despite Pending DUI Charge

On April 14, a police officer from Bloomington, Illinois returned to work, despite a pending charge for driving under the influence.

On January 31, 35-year-old officer William McGonigle was stopped on U.S. 51 in Normal, Illinois and charged with DUI and speeding.

McGonigle and the Bloomington P.D. then went through the usual motions. He was placed on paid administrative leave during an internal investigation before returning to work.

According to Police Chief Randy McKinely, McGonigle received disciplinary action. He’ll be restricted to duty not requiring him to drive.

Browns Receiver Donte Stallworth Charged With DUI Manslaughter

On April 1, Donte Stallworth, the Cleveland Browns wide receiver who was involved in a fatal collision with a pedestrian in Miami, Florida last month, was charged with DUI manslaughter. The incident occurred after the 28-year-old NFL star had been out at a swank South Beach nightspot.

Stallworth turned himself in after an arrest warrant was filed in the March 14 accident resulted in the death of 59-year-old Mario Reyes. He potentially faces up to 15 years in prison if convicted.

According to the results of a blood test, after the crash, Stallworth had a blood-alcohol content of 0.126, which exceeds the legal limit of 0.08. He will also be charged with DUI, which carries a potential additional penalty of six months in prison plus fines and community service for a first-time offense.

Last month, Stallworth released a statement saying that he was “grief-stricken” over the fatal accident.

According to NFL spokesman Greg Aiello, the case will be reviewed under the league’s conduct and substance abuse policies.

According to court documents, Stallworth is prohibited from driving and consuming alcohol while on bail. He is also required to observe a midnight to 6 a.m. curfew and submit to random testing for alcohol and drugs through the NFL’s substance abuse program.

According to a Miami Beach police report, Reyes was not in a crosswalk on busy MacArthur Causeway when he was hit by Stallworth’s black 2005 Bentley luxury car. He was attempting to catch a bus home after finishing his shift as a construction crane operator around 7:15 a.m.

The report says Stallworth told police he flashed his lights at Reyes in an attempt to warn him and that the NFL star was driving at around 50 mph in a 40 mph zone.

According to an additional police affidavit filed on April 1, Stallworth had been drinking at a club in the posh Fountainebleau hotel. He left to go to a nearby home and headed out onto the causeway, where the crash occurred.

NFL Receiver Stallworth May Have Been DUI In Fatal Crash

According to information leaked by The Miami Herald and other media outlets in the Miami, Florida area, Cleveland Browns receiver Donte Stallworth, who struck and killed a pedestrian, was driving under the influence of alcohol at the time of the fatal crash.

On March 19, Miami’s WSVN-TV reported that anonymous sources with knowledge of the investigation say that when the fatal crash took place, Stallworth had a blood-alcohol content between .08 (the legal limit) and 0.16.

The Miami Herald also cited an anonymous source who said that Stallworth’s blood-alcohol level was above the legal limit.

No formal charges have been filed against the 28-year-old NFL star, but if he was in fact driving drunk, he could face a charge of DUI manslaughter that carries with it a maximum penalty of 15 years in prison.

The police have yet to release any blood tests concerning the case and have not specified when they will be released.

Miss May Arrested For DUI

Model Crystal McCahill, who is scheduled to appear in Playboy magazine, must first appear before a judge after being arrested in January for driving under the influence.

On January 7, the 25-year-old model was pulled over after an officer spotted her running a red light. Police said that she “mumbled” and had a “strong odor” of alcohol. Her blood-alcohol content was measured to be more than twice the legal limit of 0.08.

McCahill is scheduled to make her debut as a Playboy centerfold as Miss May 2009. Her mother, Gale Olson was also a Playboy playmate. She was Miss August 1968.

McCahill’s court appearance for her DUI charges is scheduled for March 19.

Lindsay Lohan At It Again - Charged With DUI

Lindsay Lohan’s off screen drama elevated to new heights on March 14 when she was hospitalized after what police described as a booze-fueled car wreck.

According to Lt. Mitch McCann of the Beverly Hills Police Department, the 20-year-old actress was arrested on suspicion of driving under the influence.

While Lohan may be facing a misdemeanor DUI charge, McCann said that she could face additional felony counts due to officers recovering “usable amount” of “additional contraband” believed to be cocaine. McCann said that she was not carrying the substance but would not say where police found it.

A photographer from the X17 agency had been shadowing Lohan that night and said that she and two unidentified friends were chauffeured by her bodyguard for a nigh of club hopping until about 5 a.m. She then went home to get her car.

Lohan was seen speeding and lost control of her Mercedes SL-65 convertible, hopping the curb and crashing into some trees, according to McCann. He said by the time police arrived, she had fled and the wrecked vehicle had been moved to a nearby condo complex.

Police eventually found Lohan at Century City Doctors Hospital. According to McCann, Lohan was arrested at the hospital, but police did not take her into custody because she required treatment for non-life-threatening injuries to her upper chest area. A friend had transported to the hospital.

Police say Lohan’s two passengers were uninjured, but her vehicle sustained “major collision damage.” It was towed and impounded.

Police will turn the case over to the Los Angeles District Attorney, who will ultimately decide what charges to file, and Lohan will appear at the Beverly Hills Courthouse on August 24.

Chiefs DB Macklin Arrested For DUI In Newport News

David Macklin, cornerback for the Kansas City Chiefs, was charged with a DUI early on the morning of March 13 in Newport News after his BMW was pulled by a trooper, according to Virginia State Police.

Police say that shortly after 3:15 a.m., Macklin was pulled for illegal window tint on the ramp from Interstate 64 West onto J. Clyde Morris Boulevard.

According State Police, Trooper J.R. Street, the trooper who pulled Macklin, noticed the odor of alcohol and saw that Macklin appeared to be impaired. Police said that further investigation showed him to have a blood-alcohol content higher than the legal limit of 0.08.

The 30-year-old Phoenix, Arizona resident was also charged for having illegally tinted windows. Police say he cooperated.

Macklin played high school football for Menchville High School in his hometown of Newport News. In November, he signed a two-year contract. He played six games as a Washington Redskin in 2007.

Another State Wants Ignition Interlocks For First Offense DUI

Repeat offenders of driving under the influence are required to have them – but should first time offenders be as well? Kansas is the latest of several states to propose a law that require any person convicted of DUI to have an ignition interlock system be installed in their vehicle. Those in favor of the idea believe it will make roads safer. Those opposed to the idea say it will not solve anything.

The Smart Start device is like a “black box” for your vehicle. A driver blows into the unit for several seconds and their blood-alcohol level is measured. If the person’s blood-alcohol content is higher than the legal limit, the vehicle will not start. It will also record any attempts made to disconnect or tamper with the device.

The device may also have an effect on the person’s bank account. The device is leased at a cost of around $1,000 per year and the driver is required to pick up the tab. That cost can add up, depending on how long the court deems it to be necessary.

Precision Audio of Wichita, Kansas will install seven devices this month. If House Bill 2315 is passed in Topeka, that number will increase. The bill would require that all first time DUI offenders have the device installed. It would also increase the penalties and punishment for DUI-related offenses.

The American Beverage Institute is in opposition to the bill, arguing that first-time DUI offenders, even those that are just one sip over the legal limit, would be required to install breathalyzers in their vehicles.

ABI spokeswoman Sarah Longwell said that requiring first time offenders, regardless of their blood-alcohol content, to install the device “ignores the root cause of today’s drunken driving problem: hard core alcohol abusers.”

The bill does raise the question: should first time offenders be punished as severely as habitual alcoholics with considerably higher blood-alcohol contents?

The bill is expected to be passed out of committee and worked by the Kansas House.

During this session, lawmakers have a number of DUI-related bills under consideration.

A similar law was passed in Nebraska last year. The law is also in place in New Mexico, where supporters claim that it has reduced DUI deaths nearly 40 percent.

Male Trooper Caught Driving Under The Influence In Women's Clothes

A set of unusual circumstances on February 25 has resulted in a South Carolina Highway Patrol officer being taken off the job.

According to officials, trooper Leslie C. Hoover was pulled over on John Dodd Road in Spartanburg County on suspicion of driving under the influence after another motorist called 911 to report an Isuzu Rodeo swerving erratically in heavy rush hour traffic on Interstate 26 shortly after 6:30 p.m. According to the South Carolina Department of Public Safety, Hoover failed a field sobriety test and refused to submit to a breathalyzer test. Police charged him with DUI.

Hoover probably wishes that’s all there was to the story.

On the following day, Hoover appeared before a magistrate and was released on his own recognizance. But his legal woes didn’t stir up near as much discussion as his appearance when he entered the jail.

According to an anonymous high-ranking official, he saw Hoover brought into the jail “wearing a red dress.” The official said that Hoover was also wearing a bra and was seen “adjusting his bra” during the wait to be processed. He also said Hoover had a pair of thong panties “in his possession.”

That would explain why the man who called 911 on the interstate referred to Hoover as a “she” in the call. The man, who remained anonymous, said that he “appeared to be wearing a blonde wig” as he came flying past him.

According to Department of Public Safety spokesperson Sid Gauden, Hoover is from Lexington County and was on his personal time when the arrest occurred. He said Hoover was terminated on February 26 after 30 years of service. He said Hoover retired in 2000, but returned in 2002 as a member of the patrol’s Insurance Enforcement Team, which works with the Department of Motor Vehicles to seize license plates from car owners who have allowed their insurance coverage to lapse.

Staunton Man's DUI Manslaughter Trial Underway

The trial of a man from Staunton accused of the driving death of a woman from Grottoes began February 27 in Augusta County Circuit Court.

Jeremy Rasnake, 21, has been charged with reckless involuntary manslaughter and driving under the influence.

According to the prosecution, after a night of drinking and just three hours of sleep, Rasnake was on his way to work just after 7 a.m. on May 23 when the 1988 Ford Bronco he was driving drifted over the center line on U.S. 340 in Stuarts Draft and collided head-on with the car of 40-year-old Cheryl Sheaves. Sheaves, a mother of three, died two days later at the University of Virginia Medical Center in Charlottesville.

In the opening statements, the prosecution said that Rasnake’s blood-alcohol content was measured to be .095 after the crash.

According to Rasnake’s attorney, alcohol was not a factor in the crash; rather it was because he fell asleep at the wheel.

A jury of 11 women and one man are seated for the trial.

Bus Driver Charged With Reckless Driving After Crash

On the afternoon of February 25, police charged a Caroline County bus driver with reckless driving after the bus she was driving crashed into a tree, injuring her and a student on board.

According to Sgt. Tom Cunningham of the Virginia State Police, 44-year-old Vineta Earnestine Keeton was the driver of a bus carrying four children, aged 10 and under, when the bus ran off CCC Road in Caroline and collided with a tree.

Trooper D.E. Scott investigated the crash and charged Keeton with reckless driving.

Keeton and a 10-year-old child both received transport to the hospital with non-life-threatening injuries.

Of the four children on the bus, two were Keeton’s. Neither of them suffered injuries in the crash, according to Cunningham.

Cunningham said that Keeton was wearing her seat belt, but the other seats on the bus had no seat belts.

Proposed Texting While Driving Ban Headed To Senate

A bill seeking to ban text-messaging while driving in the state of Virginia has won an endorsement from the Senate Transportation Committee and is now headed for the full Senate for a vote.

Delegate John Cosgrove (R-Chesapeake) sponsored House Bill 1876. Cosgrove called texting while driving “a dangerous and irresponsible practice” which results in traffic accidents.

On February 19, the Senate Transportation Committee voted 12-3 in favor of the measure.

The proposal would place a ban on driving “while using any handheld personal communications device to manually enter multiple letters or text or to read a text message.” The bill would provide exceptions for the use of GPS devices and wireless telecommunications device to report an emergency.

Drivers in violation of the ban would face fines of $20 for the first offense and $50 for every subsequent violation.

Republican Senators Ken Cuccinelli (Fairfax), Ryan McDougle (Mechanicsville), and Ralph Smith (Roanoke) opposed the bill, saying it could prevent police officers from citing drivers for more serious offenses such as reckless driving.

On February 10, the House passed the bill by a vote of 88-10.

Delegate John O’Bannon (R-Henrico), who voted in favor of the bill, called it “common sense.” He said it falls under the same category of other distractions that cause accidents, such as a woman applying makeup or a man shaving.

Others believe the proposal to be unnecessary because existing laws require drivers to pay attention behind the wheel.

Bob Barr, the 2008 presidential nominee from the Libertarian Party, said he would be in opposition because it would be “an unnecessary restriction on the rights of the citizenry” and that if a driver causes an accident “they already can and should be found liable.”

According to an AAA Foundation for Traffic Safety study, one out of every seven drivers admitted to texting while driving. The study, which was released in December, concluded that using a cell phone while driving quadruples the risk of being involved in a car accident.

Currently, seven states and Washington, D.C. have bans in place on text-messaging while driving.

Newport News Police Official Appealing DUI Conviction

A high-ranking police official from Newport News recent admitted to drunk driving on Interstate 64 in Hampton last summer.

However, former assistant police chief Dawn D. Barber, who was demoted to captain, is now actively appealing her DUI conviction, despite saying she “regrets” her actions and takes “full responsibility.”

Barber’s appeal in Hampton Circuit Court says the case should be thrown out due to a judge’s refusal to accept a legal maneuver that would have allowed her to be sentenced for a lesser reckless driving offense. According to her attorney, the judge was required to accept the plea under state law.

The Hampton Commonwealth’s Attorney’s Office, not backing down and saying the judge did nothing wrong, has requested a trial by jury in the case.

A hearing on Barber’s motion to dismiss has been set for April 13, with a trial scheduled to begin on May 26.

On August 16, Barber, 44, was pulled over shortly after 9:30 p.m. after a Virginia State Police trooper said she was weaving in traffic and nearly collided with another vehicle on I-64.

According to the trooper who stopped Barber, she told him that she had consumed a “Texas-size” margarita at a restaurant a half hour earlier. He said she performed poorly on sobriety tests and a Breathalyzer test revealed her blood-alcohol content of 0.12 percent, more than the legal limit of 0.08.

Later, Barber was demoted one rank by Newport News Police Chief James Fox because of the incident. Her pay was also decreased by 4.7 percent from $87,675 to $83,500.

At the November court hearing, Barber’s attorney sought to have Barber’s possible punishment reduced. Virginia law says that someone charged with both DUI and reckless driving as part of the same incident, which they typically are in DUI cases, one charge must be dismissed by the judge.

Typically, judges will throw out the reckless driving charge, which carries a less severe punishment, a six-month driver’s license suspension instead of 12 months for DUI.

However, Barber’s attorney sought to have her plead no contest to reckless driving, with the DUI charge automatically dismissed. General District Court Judge Albert W. Patrick III refused to accept the plea and found her guilty of DUI. He gave her the standard punishment for first offense DUI, a 30-day suspended jail term, a one-year restricted driver’s license allowing her to drive to work, a $250 fine, and a requirement to undergo alcohol counseling.