On March 1, 2008,  in Smyth County outside Roanoke, Wythe County Juvenile Court Judge Michael K. Blankenship was stopped on Interstate 81 and charged with driving under the influence. On May 20, the judge is headed to the courthouse but this time, to traffic court, reports the Wytheville Enterprise.

Blankenship is charged with two misdemeanors ? DUI and Refusal  to submit to a Breath/Blood test according to Virginia State Police (VSP). 

And there is more trouble for 43-year-old judge.

Last weekend in Powhatan, Virginia, Blankenship received a traffic citation for failing to report an accident. VSP claim eyewitnesses saw Blankenship run off the road, hit a telephone box, proceed to drive over an embankment and then hit a tree. VSP have not determined if alcohol factored in that incident, reported the Roanoke Times.

 In the I-81 DUI arrest, VSP trooper R.D. Collins stopped Blankenship?s Subaru after receiving a tip from Washington County police that a vehicle?s driver might be impaired.  Collins observed Blankenship driving erratically before pulling the judge over and requesting a breath test, reports the NBC television affiliate in Roanoke, WSLS.

Blankenship was appointed to the 27th Judicial District as a juvenile and domestic relations court judge in the summer of 2005 by the Virginia General Assembly. That district covers Wythe, Bland, Montgomery, Floyd, Giles, Pulaski, Carroll and Grayson counties and the cities of Radford and Galax.

Before his appointment to the bench, Blankenship served six years as Wythe County?s commonwealth?s attorney and before that, he was an assistant prosecutor in Smyth County. 

http://www.wsls.com/sls/news/local/new_river_valley/article/judge_charged_with_dui/6724/

Staten Island, N.Y. congressman Vito J. Fossella was arrested in Alexandria VA  and charged with DUI by Alexandria, Va. police on the George Washington Memorial Parkway  according to NBC4.com.

The New York Daily News said Fossella called it "an error in judgment."

The Republican congressman said in a statement: "As a parent, I know that taking even one drink of alcohol before getting behind the wheel of a car is wrong, I apologize to my family and the constituents of New York's 13th Congressional District for embarrassing them, as well as myself."

Fossella, 43, was arrested between midnight and 2 a.m., said Alexandria Police spokesman Lt. Ray Hazel. Fossella was charged with driving while intoxicated as a first offense, which under Virginia law requires a blood-alcohol level of 0.08% or higher, Hazel said

Back home, Democrat Steve Harrison, who is trying to unseat Fossella in the 13^th District, said his foe should "seriously consider leaving Congress."

Said Harrison to the Daily News, "It's not an 'embarrassment,' it's a crime. He didn't admit anything. What the error in judgment is, he doesn't say," Harrison said.

Fossella - elected in November 1997 - is a member of the House Committee on Energy and Commerce. He is a former city councilman. His district includes all of Staten Island and the Brooklyn neighborhoods of Bay Ridge, Dyker Heights, Bensonhurst and Gravesend, according to the Daily News.

Nationwide, an estimated 30.5 million people age 12 or older drove under the influence of alcohol at least once last year according to SAMHSA.

Wisconsin ranked first in the nation at 26.4%, followed by North Dakota (24.9%) and Minnesota (23.5%). Utah ranked the lowest at 9.5% and it was the lone state where fewer than 10 percent of adult drivers said they had driven under the influence. Many Utah residents are Mormon, which forbids the use of alcohol.

Virginia ranked 36^th with 13.6% while neighboring states were even lower: North Carolina ranked 48^th (10.4%) and West Virginia, 49^th (10.1%). But the District of Columbia ranked 10^th at 19.1%.

The National Highway Traffic Safety Administration (NHTSA) reported 16,700 deaths in 2004 were caused by accidents involving motorists who had consumed alcohol. The NHTSA said driving under the influence of alcohol and illicit drugs is one of the leading sources of preventable-death-by-injury in the nation.

Over the last decade however, impaired drivers involved in alcohol-related crashes has remained the same -- from 12,348 in 1996 to 12,491 in 2006. These statistics from the U.S. Department of Transportation involves drivers with a blood-alcohol concentration (BAC) level of 0.08 percent or higher.

?This report highlights the enormous public health risk posed by this problem ? one threatening the lives of many Americans every day,? SAMHSA Administrator Terry Cline, Ph.D., said.  ?By highlighting the scope and nature of this problem in each state, we can help communities best use their efforts and resources to address this preventable menace.?

Lucile Gatchell, 64 of Gloucester was charged with operating a vehicle under the influence of alcohol and failing to stay in a marked traffic lane, said the Boston Globe. A witness driving behind Gatchell saw her vehicle swerving and was dialing 9-1-1 when the vehicle crossed into the path of Bullock?s vehicle on East Main Street.

Gloucester Police Lt. Jerry Cook said both vehicles were traveling 15-20 mph at the time of the collision and were totaled. Cook said Gatchell tested .20 on an alcohol breath test, two and a half times the state legal limit. Gatchell had no previous criminal record, according to Cook.

Bullock and James were being driven by Mark Hussey, of Londonderry, N.H.. Hussey tried to avoid the oncoming vehicle but could not turn out of the way, reported WCVB-TV in Boston.

There were no injuries.

Bullock was filming a movie in the area. She stars in the romantic-comedy "The Proposal," which also stars Ryan Reynolds, Mary Steenburgen and Craig T. Nelson, in Rockport, Mass.

According to Detective Sharon Hahn, Anthony failed to pass a series of sobriety tests and was subsequently charged with DUI. Hahn said he was taken to police headquarters and released to a "sober responsible party."

Anthony played his worst game of the season on the night of the arrest, being held to 11 points on 3-of-14 shooting against a Houston Rockets team that was without defensive specialist Shane Battier.

In February, Anthony was pulled over in Colorado for driving 25 mph over the posted speed limit.

According to Bell, shortly after 6 p.m. on the day of the crash, a vehicle lost control in a curve on a two-lane road north of Four Oaks, N.C. According to an eyewitness, the vehicle ran onto the shoulder and struck Lassiter, who was standing on the roadside. The vehicle then reentered the roadway and veered right again, crashing into a ditch.

According to investigators, the man was driving 25 mph above the speed limit. Bell said that the 1995 Chevrolet Camaro the man was driving had been stolen.

After crashing into the ditch, the driver exited his vehicle and ran into the woods nearby.

State troopers and Johnston County Sheriff's deputies set a perimeter up around the woods and arrested the man when he came out, according to Bell.

According to Bell, Rodriguez's blood-alcohol level was 0.21, over twice the legal limit of 0.08.

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.

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.

Spiezio has also been ordered to pay fines and restitution of about $1,700, which includes damages of $839 caused by the crash, according to Emami.

The Cardinals cut Spiezio in February after an arrest warrant was issued for him. According to prosecutors, he crashed his vehicle into a curb and fence in Irvine, California and then ran away. The police were informed by a neighbor that Spiezio had arrived at their condo complex appearing disheveled with an apparent injury. According to the neighbor, whom court papers identify as "Michael P.," Spiezio allegedly punched him, resulting in significant injuries.

Spiezio was charged with misdemeanor counts of aggravated assault, assault, and battery because of the neighbor's allegations, but the charges were dropped because he "was pleading guilty to two counts and had a relationship" with the neighbor, according to Emami.

State Sen. Arthur O'Neill (R-Southbury) called the idea "very interesting" and said he believes it could reduce the likelihood of someone drinking and driving.

The proposed incentive would cut a liquor permit holder's maximum liability from $250,00 to $100,00 in case of a patron getting into a DUI accident. However,  use of the breathalyzer would be voluntary and results would not be permitted in criminal or legal proceedings.

Bar and restaurant owners with liquor permits would also be required to post signage notifying patrons that transportation would be arranged, at the expense of the customer, for anyone needing a ride home.

Dan Mottola, a Bethel, Connecticut restaurant owner, said he has always made a point of finding transportation for customers who have had too much to drink, even going so far as to drive them home himself if necessary.  He says that smaller bar areas like his make monitoring drinking easier, but the legislation could be useful in larger clubs where it is more difficult to monitor alcohol consumption.

Mottola said that it was worth consideration if it will prevent people from driving under the influence, getting into accidents, and harming others. "I'm all for it -- as long as it doesn't become invasive of personal rights," he said.

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.

Duncan faced a potential maximum prison sentence of 20 years after being labeled as a habitual felony offender for the three previous DUI convictions. In addition to the prison sentence, Circuit Judge David Eddy also permanently revoked Duncan's license.

Duncan pleaded with the judge, mentioning the his various losses during incarceration, including a new home, a business, and time spent with his children. However, the judge dismissed his pleas, saying that he should have considered his children before he chose to operate his motorcycle while drunk and flee an officer.

Duncan is also required to pay a $2,500 fine in addition to court costs and will serve an additional three years for a previous unemployment fraud conviction.

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.

Kravetz said that a woman and two girls were passengers in Sambora's Hummber, but declined to release their names.

According to Kravetz, Sambora was given notice that he is to appear in court on May 7 on charges of one misdemeanor count of DUI.

Sambora is one of Bon Jovi's founding members. The band released their last album, "Lost Highway," in 2007.

The parents of John Graziano filed suit against Hogan, whose real name is Terry Bollea in Pinellas County. The suit states Bollea is responsible for the August 26 crash in Clearwater, since he was aware his son, John liked to speed and race. Nick Bollea, 17 is charged with reckless driving. Graziano, 23 was a passenger in Bollea?s Toyota Supra when it crashed into a tree, the Associated Press reported. Clearwater police said Bollea was racing a friend on wet roads at the time of the crash.

The suit names Hogan?s wife, Linda, her son, Nick and Daniel Jacobs ? the other driver - as defendants in the case. Linda Bollea has filed for divorce from her husband.

Edward and Debra Graziano didn?t specify financial damages sought but said their son, an Iraq War Marine veteran, could need millions of dollars to pay for lifelong medical care. He remains hospitalized with head injuries almost seven months after the accident.

?He never will be fully the John he was before,? said George Tregos, the Graziano?s attorney.

But Morris Weinberg, the attorney for the Bollea family, says he wasn't surprised by the suit and likely will argue that Graziano was not wearing his seat belt at the time of the crash, the AP said.

Hogan, Linda, Nick and their daughter, Brooke star in the reality TV show ?Hogan Knows Best? on the VH1 network.

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.

The Sheriff's department of Sacramento County, California tipped off Marshals and Sheriff's deputies from Rockingham County, who found Igor Babiy working in Harrisonburg at a construction site.

After a nearly five month search, officers arrested Babiy. In October of 2007, Babiy was released on two bonds of a total of $1.5 million before going on the run, according to Marshals.

An addition charge of being a fugitive from justice is also being faced by Babiy, placed by the Sheriff's Office of Rockingham County. The previous charges against him from California include kidnap for robbery, armed robbery, assault with a deadly weapon, felony evasion, DUI, and malcious harm of the dog of a peace officer.

Babiy awaits extradition to California, where he could face a life sentence.

According to a criminal complaint filed in the Magistrate Court of Kanawha County, West Virginia, State Police stopped 21-year-old Ashley Nicole Ulbrich after receiving a call about a woman recklessly driving a green Jeep on U.S. 119.

According to the complaint, officers tried to give Ulbrich a field sobriety test, but stopped due to concerns over her safety. She later admitted that she took two Clonazepam pills in the parking lot of a Charleston, West Virginia Wal-Mart.

The complaint says that police found the child in the back of the Jeep after pulling Ulbrich over.

Charges were filed against Ulbrich for child neglect resulting in risk of injury in addition to driving under the influence with a minor in the vehicle. She was transported to South Central Regional Jail the evening of the incident.

The complaint was filed in February in Circuit Court and alleges that Shaun Mowbray was driving his vehicle in a manner that was careless and reckless when it crashed into the sport utility of Officer Randall Vaiden.

Vaiden was a school resource officer at Green Run High School in Virginia Beach. On the day of the crash, October 10, he was off duty and driving on Holland Road close to the intersection of Diana Lee Drive. The 30-year-old officer was killed instantly in the accident.

Reckless driving charges were filed against Mowbray and on March 20 he is scheduled to appear in General District Court.

The ruling mirrors the Virginia statute which states a defendant may present evidence or argue without evidence that his or her BAC level at the police precinct was higher than that at the scene.

Lopez?s attorney, Fred Peters, said the prosecutorial version could unfairly convict an innocent motorist who had consumed no alcohol before driving. He posed the scenario of a motorist having a drink in a broken down vehicle while waiting for the tow truck.

Supreme Court Ruling Helps Protect the Innocent

Peters also argued it can take alcohol up to 90 minutes to enter the bloodstream, even though he presented no supporting evidence at trial.

Fayette County (Ky.) Prosecutor Margaret Kannensohn said the ruling creates confusion in that it prohibits them from arguing a third of the jury instructions in DUI cases.? It would be as if a soldier were given three bullets with instructions to fire them," she said, "then told that they had wrongly fired the third bullet, which leads to confusion." She said she hopes the General Assembly clarifies the ruling.

Meanwhile, Mothers Against Drunk Driving (MADD) is concerned. "When the public believes or perceives that DUI laws don't have teeth, it breeds disdain for the law," said Angela Leigh, MADD state executive director.

As a freshman, Colquitt was involved in more than one alcohol-related incident. He is the fourth member of his family to play the punter position for the Volunteers.

In late February, the 22-year-old struck a parked car before he fled the scene, said the Knoxville (Tenn.) Police Department (KPD). KPD spokesman Mark Pressley said Colquitt was visibly intoxicated and could not complete field sobriety tests.

?I am very disappointed that Britton doesn't appreciate the blessings he has been given from his family and his team," coach Fulmer said. ?He will be required to undergo alcohol counseling as well as other internal punishments"

As a freshman, Colquitt, was suspended from the team when he faced multiple alcohol-related charges in several incidents. He rejoined the team later in the year after he pleaded no contest to a charge of underage alcohol consumption. A judge sentenced him to one year?s probation.

Colquitt is the younger brother of college All-American punter Dustin Colquitt, who currently plays for the NFL?s Kansas City Chiefs.

Mike Ward, Commonwealth?s Attorney for Marshall and Calloway counties, faces DUI charges after being stopped by Lexington police in February. Ward had recently returned to his job after having taken a leave of absence for medical reasons.

After the arrest, Ward told the media, "I have struggled with issues regarding alcohol for years, and I made a poor decision the night I was arrested. I have brought embarrassment on my family and friends and humiliation to myself."

Ward plans to continue to serve as Commonwealth Attorney for Marshall and Calloway counties. He served as Commonwealth Attorney for Calloway and Marshall counties for 19 years but was defeated in a re-election in 2000. Six years later, Ward regained his post in a Democratic primary election.

Ward asked for forgiveness and said, "I am ready to pay the price for my actions. I expect no special treatment and am prepared to receive the same punishment anyone else would in this situation."

Ward's arraignment is set for March 14 in Marshall County District Court.

Isaac Santos, 38, died instantaneously and his wife, 48-year-old Linda Solorzano, from Buffalo N.Y. died shortly after midnight in a medical helicopter that was transporting her to the University of Virginia Medical Center after their van was struck by the tractor-trailer driven by 33-year-old Santa Ana, California native Uy Tan Hong. Hong and another person in the tractor-trailer received non-life-threatening injuries.

Santos and Solorzano were were traveling from North Carolina to Buffalo, as they were helping their daughter move back home. Police said that the daughter witnessed the wreck from a vehicle she was traveling behind the van in.

Emergency personnel called the wreck one of the worst they've ever seen. According to 1st Sgt. Bryan Hutcheson of the Virginia State Police said that the vehicles collided at full speed.

The Harrisonburg Fire Department and Rescue Squad responded to the wreck at mile marker 244.7 shortly before 9:30 p.m. on Tuesday.

According to police, the 2001 Peterbilt tractor-trailer Hong was driving veered from the southbound lane, crossed the median, and struck the van head-on. The two vehicles landed in a roughly 20-foot ditch east of the interstate's northbound lanes. While in the ditch, the truck jackknifed and shredded the van.

The interstate was shut down in both directions for several hours because of the wreck.

Hutcheson said that Hong was charged with reckless driving, but there are likely to be no additional charges filed. He said that they believe Hong was distracted from within the truck and had taken his eyes off the road.

Four medical helicopters were initially dispatched to the scene, but only two were needed to take patients to the Charlottesville medical center. Solorzano was a passenger in one, the other carried 41-year-old Ha M. Tuan, Hong's passenger, who was listed in good condition as of Wednesday.

Trooper K.S. Chapman was sitting stationary in his patrol vehicle after just finishing a routine traffic stop. Suddenly, his vehicle was struck by a pick up truck.

The injuries Chapman received left him in sever condition, requiring air transport for him to be taken to Bristol Medical Center.

The 32-year-old driver of the truck that struck the patrol vehicle of Chapman, Barry Dean Marshall, has been charged with a DUI. There are additional charges still pending against him.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), five of the 10 U.S. states that carry the highest fines for speeding are on the I-95 corridor between the southeast and New England: Virginia, North Carolina, Georgia, Maryland, and New Hampshire. Speeders receive a maximum fine of $500 or more for the first offense. In North Carolina and Georgia, as well as 16 other states, also have the option to add a jail sentence.

The other states on the list are Illinois, Nevada, Utah, Oregon, and Kansas.

In Virginia, which is the only new addition to the list, a $1,050 surcharge to state residents in addition to the $300 speeding fine was instituted in July. The idea of the law is to raise money for state infrastructure projects without having to raise taxes. Virginia natives are the only ones the law applies to.

Virginia state legislator David Albo spearheaded the law. He noted that stats from the Joint Legislative Audit Review Commission of Virginia showed a decrease of 11 percent in arrests for reckless driving since the law was passed in addition to a slight drop in speeding tickets.

The NHTSA says that the national median for the top-end fine of a first time offender is $200. The national median for a first offender's top-end fine is $200, according to the NHTSA.

Several factors go into how much a speeding ticket can cost you, including how much you were exceeding the speed limit, whether or not you are a repeat offender, or if you were caught speeding in a school zone or construction area.

According to the NHTSA figures, young males are caught speeding more than anyone else. Last year 38 percent of men under 21 were caught speeding.

According to the agency, the most recent Operation Air, Land, and Speed of the state police produced 1,033 citations for violations during the two-day traffic safety effort.

There were no fatalities reported on the three interstates the police push targeted.

Col. Steven Flaherty, the Virginia State Police's superintendent, said that in comparison to the last Operation Air, Land, and Speed the police conducted on the three interstates, this one produced lower enforcement totals. He said that they hope this indicates that more drivers now realize the importance of highway safety and are driving in compliance with Virginia traffic laws.

On I-85, 188 speeders and 148 reckless drivers were stopped by state troopers. There were also one drunken driver arrested, 10 seat belt violations issued, and seven felony arrests made.

On I-77, there were 52 speeders, six reckless drivers, and eight seat belt violations cited by state troopers.

In last February's operation, there were 1,810 summonses and arrests on I-295 and I-85. Another initiative on I-77 in June produced 245 summonses and arrests.

Edward Beckner, the father of Derrick Beckner, the victim, said that the family said to one another after returning from the court that they felt like they had lost Derrick for a second time.

Beckner, who died on July 5, was a 21-year-old standout student and athlete at James Madison University. He would have graduated this May.

At approximately 1:25 a.m. on the night of the incident, Beckner was killed instantly as he was coming home from a baseball game. The car driven by Matthew Bradley crossed the median on Staples Mill Road near the Interstate 295 interchange, approximately a mile from the home of Beckner. Bradley's car went airborne, landing on the vehicle of Beckner.

In his testimony, Beckner's father described the accident as looking "like a toy car some child had pushed down on too hard." He said that he found out about the wreck hours after it occurred on television. He then drove to the scene, where he learned that his son was the victim.

The original charges Bradley, a 23-year-old resident of Ashland, Virginia, faced were involuntary manslaughter and driving under the influence. After his arrest, he was freed on $70,000 bond. In December he received a conviction for DUI and involuntary manslaughter, a reduced charge with a maximum penalty of 10 years in prison.

Ashley Cooper, Beckner's sister, described Bradley as someone who considered a few beers more important than her brother's life.

Deputy Commonwealth's Attorney Michael Huberman urged that the judge impose a long prison sentence, ridiculing Bradley's reference to the death of Beckner as a "complication" he needed to put behind him. Huberman said that Bradley held no true remorse for Beckner's death.

Seven years of an eight-year sentence were suspended by Balfour, who also ordered Bradley to no active time for DUI, agreeing to allow him to be placed on work release while in prison.

Edward Beckner said that they had thought he would receive two or three years, instead he was disappointed that the court "bent over backwards to be lenient," rather than "cracking down" on drinking and driving.

The report also shows that thousands of motorists are unwilling or unable to pay the fees. As the fees were approved in February, a person convicted of a felony or misdemeanor driving offense has to pay $250 to $1,050 a year for three consecutive years. If the motorist fails to pay, the Department of Motor Vehicles will suspend the person's driver's license.

Gary Collins, best known for hosting the TV show, ?The New Hollywood Squares,? was charged with DUI Oct. 29, two weeks after being involved in an accident in the San Fernando Valley.

While driving his Ford Explorer, Collins was struck by another vehicle. When police smelled alcohol on Collins, they conducted field sobriety tests on the TV actor.

A spokesman for the L.A. City Attorney?s Office said Collins was charged with a misdemeanor count of driving with a BAC level above the state legal limit of .08. If convicted, Collins, 69, faces up to six months imprisonment and a $1,000 fine when he faces arraignment Nov. 16.

Collins was unharmed but the 89-year-old driver of the other vehicle was hospitalized with injuries.

Collins has also appeared on the TV series "Yes, Dear" and "JAG," as well as the soap opera "The Young and the Restless." He also has appeared on the "Circus of the Stars."]]> http://www.bobbattlelaw.com/blog/index.cfm?id=1271 http://www.bobbattlelaw.com/blog/index.cfm?id=1271 Bob@BobBattleLaw.com Wed, 31 Oct 2007 08:00:00 EST
Officers on Interstate Defenseless to Swerving Motorists

In separate incidents, two Virginia State Troopers escaped injury when their vehicles were sideswiped by motorists on Interstate 95.

The officers had stopped on the shoulder to write traffic tickets when passing vehicles in the right lane swerved into their cruisers and smashed into the guardrail, according to the Richmond Times-Dispatch. There were no injuries.

Chesterfield County north of Colonial Heights was the scene of the first incident, where Sgt. D.Y. Wyatt stopped the driver of a pickup and the driver of a car for speeding. Wyatt?s unmarked car was parked between the pickup and the car.

As Wyatt was speaking with the car's driver, a 50-year-old woman driving in the right lane veered toward the shoulder, missed hitting the sergeant but sideswiped his cruiser. She then hit the pickup and guardrail. The woman was taken to Southside Regional Medical Center for treatment.

The other incident happened at the Dunbarton Road intersection in Henrico County. Senior state trooper S.L. Townes Jr. stopped a motorist for speeding and was writing a ticket in his car. At that time, a 77-year-old man driving a camper towing a trailer sideswiped Townes' car and smashed into the guardrail.

Failure to heed Virginia's "move over" law is a Class 1 misdemeanor, punishable by up to a year in jail and a $2,500 fine.

The ?Move Over, America? television public service announcement can be viewed online at www.MoveOverAmerica.com, as can an interactive state-by-state map listing the laws in all 50 states.]]> http://www.bobbattlelaw.com/blog/index.cfm?id=1214 http://www.bobbattlelaw.com/blog/index.cfm?id=1214 Bob@BobBattleLaw.com Wed, 17 Oct 2007 08:00:00 EST 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.

Survey Shows Tepid Support for User Fees

In a Washington Post telephone survey, over 1,100 respondents were asked to name the No. 1 issue? and the answer was transportation. Even so, 56% said they would not support a legislator who lobbied for an increase in civil remedial fees.

The proposed fees were designed to raise revenue for transportation by adding a $1,050 tax on top of an existing $2,500 maximum fine for offenses that include driving 15 MPH over the limit in a 65 zone. Motorists cited for clocking 80 mph in a 65 mph zone represent only 4% of Virginia residents. Thus, the proposed levy would have no financial effect on 96% of the Commonwealth's residents

Nearly 177,000 voters have pledged to vote against fee supporters. Some have signed an online petition, opposing the legislation. Opponents are urging legislators to repeal sections of House Bill 3202.

Pro-Legislation Officials Could Feel Pinch at Polls

This also means trouble for Speaker of the House of Delegates William J. Howell (R), who supports the fees and blocked efforts of fellow Republicans to call a special session for their repeal.

Only 19% of the Post?s respondents supported abuser fees. The poll asked whether voters thought the proposed fees were "too high," to which 50% said yes.

A majority of legislators have no opposition in the upcoming election. The candidates? filing deadline elapsed before fees were publicized.

The answer is simple when examining residential status. The term to focus on is ?domicile,? which requires ?the intention to remain in a location for an extended period of time.?

Student-Visa Holders Are Exempt from Civil Remedial Fees

For Rajesh Cherkukuri, convicted of DUI in early September, these fees didn?t apply since he was in the United States on a student visa and planned on returning to his native India at the completion of his schooling.

Prince William County prosecutors in his DUI case contended since Cherkukuri held a Virginia driver?s license and lived in Virginia for one year, he was a citizen and thus responsible for payment of $2,250 in fees over a 26-month period.

Cherkukuri?s attorney convinced Prince William General District Court Judge Craig D. Johnston that prosecutors were in error. Specifically, Brooks said the definition of ?resident? in Virginia Code § 46.1-206.1 is ambiguous to the point that full interpretation of ?resident? requires looking at its? usage in other sections of Title 46.2.

Judge Waived Fees Based on ?Resident? Definition

Johnston agreed with the defense, writing, ?I conclude that the statutory exemption of nonresident students from those persons who are deemed residents for purposes of Title 46.2, including impositions of the civil remedial fee, was a deliberate exemption,? when concluding that Cherkukuri wasn?t responsible for such fees.

Referencing judicial opinion in the Cherkukuri case should quell future interpretation, reports the Virginia Lawyers Weekly in its September 28 Law Blog.

In a roped-off canvas ring, Tyson was a heavyweight boxing champion, beating bigger, sometimes, stronger men. But when that foe is drugs or alcohol, the 41-year-old, New York native can?t find the knockout punch. For a man used to beating any Las Vegas odds, it must be unnerving to look down at your immobilized hands, the only ?tools of the trade? you ever had.

Former Heavyweight Champ Pleads Guilty to Drug Possession, DUI

This time, it was in Mesa, Arizona, two days before last New Year?s Eve, when Tyson was stopped for suspicion of DUI. On October 1, Tyson pled guilty to a single felony count of cocaine possession and misdemeanor DUI count. He faces up to 52 months in prison when sentenced November 19. Dropped as part of his plea agreement were a felony charge of drug paraphernalia possession and a second misdemeanor DUI charge.

"It's obvious this was a crime he was committing against himself," his attorney, David Chesnoff said after his client issued the plea in court.

Moments after he was pulled over by Maricopa County police, the arresting officer said he saw Tyson wipe a white substance from the dashboard. The officer also said Tyson?s speech was slurred. Upon searching the suspect, police discovered bags of cocaine in Tyson?s pocket and inside his car.

Later, Tyson told officers he used cocaine, "whenever I can get my hands on it." He told police he used marijuana that day and was also taking the antidepressant, Zoloft. The drug, Sertraline hydrochloride, belongs to the selective serotonin reuptake inhibitor (SSRI) class. Besides treating clinical depression, the drug is prescribed to treat obsessive-compulsive, panic and social anxiety disorders. According to Wikipedia, in 2006, it was the most-prescribed antidepressant on the U.S. retail market with 28,060,000 prescriptions.

Arizona District Attorney Wants Tyson Jailed

Maricopa County Attorney Andrew Thomas wants Tyson locked up. "Mike Tyson is a repeat offender with a violent past," he said. "I believe only a prison sentence will send the right message and properly protect the public."

Tyson was convicted of rape in Indiana in 1992 and pleaded no contest to misdemeanor assault charges in Maryland seven years later.

At 20 years of age, Tyson became the youngest heavyweight champion in history when he knocked out Trevor Berbick. However, four years later, he lost the title when James "Buster" Douglas knocked out the champion in the 10th round.

After dangling for two hours, the ride started moved slowly toward the ground only to come to a slamming stop on the platform.

A Dozen Passengers Sustained Neck, Back Pain

Twelve passengers on the ?Fright Fest? ride at Six Flags America in Largo, Md. complained of neck and back pain when de-boarding a ride they?ll probably never board again. Moments after the ride began, a safety sensor shut the ride down in mid-air, reported WRC-TV, the NBC affiliate in Washington, D.C.

Shaddell Haywood was on board. "Oh my God, I thought I was going to die," she said. Haywood and her boyfriend were stuck on the ride with 24 other passengers. Passengers were strapped with shoulder harnesses in their seats but had no place to rest their feet.

Ride Slams to Stop for Second Time in Two Months

Although rescue workers rushed to the scene, park officials determined it would be best for workers to manually roll the car back to the platform. When they tried, the train came to an abrupt stop, jolting the car and passengers inside. "It was like someone hit you from behind in a car crash," French McGhee said. When the car crashed to a stop, a hydraulic line was punctured, spraying fluid on passengers.

It was the second time in two months the ride stranded passengers before coming to a sudden stop. For now, it?s shut down while state inspectors investigate. Some riders doubt if it should re-open. "It's negligence and someone needs to be held accountable," said Haywood, who bruised her shoulder on impact.

Actress Allegedly Berated Arresting Officer

Fox was stopped March 20 in the San Fernando Valley this year after her SUV raced past a black-and-white-marked CHP car. The police report said Fox berated the arresting officer. "Fox began to walk away, yelling at my partner, `Brother, help a sister, are you going to let this racist white cop do this ... well, are you?'" according to the report.

Fox said she regretted the incident. ?I won't ever make that mistake again?I'm going to hire a driver next time."

The 43-year-old actress has appeared in "Kill Bill, Vol. 1," "Ella Enchanted" and guest-starred in television shows "Cosby," "Alias" and "Curb Your Enthusiasm."

Current Increased Virginia Penalties for High BAC

First Offense - Penalties
i) BAC < .15
Class 1 misdemeanor (Up to $2,500 fine and 12 months in jail) with a mandatory minimum fine of $250.
ii) BAC .15 to .20
If the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 5 days or,
iii) BAC > .20
if the BAC level was more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days.
License Suspension
License revoked for 1 year. Eligible for immediate Restricted Operator?s License. Ignition Interlock required for BAC of .15 or above.

Second Offense - Penalties
A) Committed within less than 5 years from a prior offense
? Minimum $500 fine
? Confinement in Jail for one month to one year. 20 day mandatory minimum jail sentence.
? If the BAC was between .15 and .20, additional 10 days mandatory minimum jail sentence.
? If the BAC was greater than .20, additional 20 days mandatory minimum jail sentence.

B) Committed within 5 to 10 years from a prior offense
? Minimum $500 fine
? Confinement in Jail for one month to one year. 10 day mandatory minimum jail sentence.
? If the BAC was between .15 and .20, additional 10 days mandatory minimum jail sentence.
? If the BAC was greater than .20, additional 20 days mandatory minimum jail sentence.
License Suspension
License revoked for 3 years.
? 2nd conviction within 5 years- eligible for Restricted Operator?s License after 1 year. Ignition Interlock required for Restricted OL.
? 2nd conviction within 5-10 years- eligible for Restricted Operator?s License after 4 months. Ignition Interlock required for Restricted OL.

This October, the West Virginia legislature listens to the Mothers Against Drunk Driving (MADD) forum, which proposes this charge to rid Mountaineer roads of extremely intoxicated motorists.

MADD wants stiffer punishment for those with blood-alcohol concentration (BAC) readings of .15 and higher. Current DUI law has a BAC minimum of .08.

?We?re one of 19 states that does not have an aggravated drunk driving statute,? Donna Hawkins, the state?s MADD director said. ?What we?re finding is most accidents are being caused by people who are not just at .08 alcohol level but double that amount. We believe this is one way to help get those that have been drinking off the road.?

Violators May Face Ignition Interlocks

Under the proposed statute, first-time offenders would use vehicle ignition interlocks or have breath-measuring devices installed, which prevent a vehicle from starting if the driver has consumed too much alcohol. When interlocks were demonstrated to the legislature in September, Hawkins said lawmakers took notice.

Drunk drivers found guilty under the proposed law would pay a $150 installation fee plus $67 monthly for the interlock, according to Motor Vehicles Deputy Commissioner Steve Dale. ?If you look at individuals who need to drive to work, pick up the kids from school and go about their lives as they attend a safety treatment program, it?s a bargain,? he said.

Drunk Drivers Killed 128 in West Virginia Last Year

In 2006, drunk drivers played a part in 128 fatalities in the state, while 2,600 were injured. Sixteen victims had life-threatening injuries, Hawkins said. The statistics remain unchanged the last three years. ?This is why it?s so important to look at DUI laws right now to see if we can get that fatality rate down,? she added.

It?s frightening to think a reading from a machine less sophisticated than the computer you are reading to view this article can harness your freedom and keep you holed up in a cell overnight. But it can.

Why is it precarious? Simple. In any laboratory, results are determined through a series steps to determine probabilities. A lab worker ?arrives? at a decision with plus-or-minus waive rings. It?s never definitive, never exact and never 100% foolproof. Autopsists cross-check exhaustedly so exhuming bodies through court orders isn?t a common occurrence. Biopsies take time so technicians can cover each other?s findings. They almost work to prove the other wrong, just to be sure of the result. Still, it may not be exact.

One Fuzzy Testimonial

Read the following excerpt from the website of CMI Inc., the manufacturer of the Intoxilyzer 5000. This mission statement exhaustedly explains the value of the product that plays a key role in determining one?s guilt or innocence.

?When IR (infrared) light of a particular frequency passing through a chamber with no alcohol present strikes a detector, a certain voltage level is created. This can be called X. As an alcohol sample is introduced into the chamber, some of the IR light is absorbed or attenuated. As the alcohol level in chamber increases, the amount of light able to pass through the chamber and strike the detector decreases. At the end of the sample, a very different amount of light is striking the detector creating a different level of voltage. This new level of voltage can be called Y. If the amount of IR light passing through the chamber with no alcohol present can be determined?X, and the amount of light passing through the chamber with alcohol present?Y?can be determined, the difference between the two will represent the concentration of alcohol in the breath sample. The more alcohol present, the greater the absorption.?

Here?s more company ?proof.?

?In the I-5000 (and 1400), a quartz lamp generates IR energy which travels through a sample chamber containing the subject?s breath. Upon leaving the chamber, a lens focuses the energy onto a chopper wheel containing up to five narrowband IR filters. The IR energy passed by the filters is focused on a highly sensitive photo detector which converts the IR energy into electrical pulses. A microprocessor then interprets the pulses and calculates the Blood Alcohol Concentration which is then displayed on the instrument.?

With Prison Pending, There?s No Wiggle Room

Reference the bold face copy. In CMI?s text, ?focusing, determining, converting and interpreting? ascertains variable results, not constants.

CMI calls the I-5000 ?highly sensitive? but how exact? And sensitive to what extremes? Sensitivity manifests in assumptions not precision. This state-of-the-art machine utilized by police departments interprets, focuses, represents, converts and calculates. Does that sound convincing? ?Very different,? ?new,? and ?different? are actual adjectives used by the manufacturer to describe the supposed ?pinpoint-perfection? readings from this component of justice.

It?s been surmised by medical experts that fever, fatigue, metabolic rates, hyperventilation, appetite, mood swings and sheer anxiety over ?taking the test? can affect a BAC reading and certainly impact performance on a field sobriety test. So who is to say that alcohol, alone accounts for the hundredths-of-a-percent reading of this machine. So instead of touting the benefits of the I-5000 engineers should give it closer examination. After all, one?s freedom is directly dependent on this product. Labs should inspect and re-inspect its findings and research alternative measures. Continued use of the I-5000 tugs at the blindfold of Lady Justice.]]> http://www.bobbattlelaw.com/blog/index.cfm?id=1064 http://www.bobbattlelaw.com/blog/index.cfm?id=1064 Bob@BobBattleLaw.com Mon, 17 Sep 2007 08:00:00 EST 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.

Virginia uses the Intoxilyzer 5000 SN 68, the predecessor to the "new and improved" 5000 EN.

At issue in Minnesota was whether the State was responsible for providing the defendant's discovery request for the source code or whether the machine's manufacturer was an independent entity. Since Minnesota statutes state that any product purchased by the state becomes property of the state, the Supreme Court ruled that it was not error for the trial court to rule that the state must provide the source codes.

Read the opinion here- Minnesota ruling requires state to provide Intoxilyzer Source Codes ]]> http://www.bobbattlelaw.com/blog/index.cfm?id=886 http://www.bobbattlelaw.com/blog/index.cfm?id=886 Bob@BobBattleLaw.com Thu, 09 Aug 2007 08:00:00 EST 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.

The front of the t-shirt suggests a more appropriate replacement to Virginia's state motto "Virginia is for Lovers" and reads "Virginia is for Speed Traps!" The back pays homage to Sammy Hagar's rock classic and reads "I Can't Drive 65." Buy the "Virginia is for Speed Traps" t-shirt at www.VirginiaIsForSpeedTraps.com .]]> http://www.bobbattlelaw.com/blog/index.cfm?id=841 http://www.bobbattlelaw.com/blog/index.cfm?id=841 Bob@BobBattleLaw.com Thu, 02 Aug 2007 08:00:00 EST 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.

To read the Washington Post story, click here.]]> http://www.bobbattlelaw.com/blog/index.cfm?id=636 http://www.bobbattlelaw.com/blog/index.cfm?id=636 Bob@BobBattleLaw.com Mon, 09 Apr 2007 08:00:00 EST