Attorney Blog

Why Would the Police Pull Me Over for DUI If I'm Not Drunk?

Bob@BobBattleLaw.com (Blog Author)27793 — Fri, 05 Mar 2010 08:00:00 EST

The police watch for certain signs when looking for drunk drivers. These include some very basic driving errors, like going too fast or too slow. Unfortunately, you can easily make these kinds of mistakes even while sober, leading to undeserved Virginia drunk driving charges.

These driving errors can be the result of driving in an unfamiliar vehicle or just driving in an unfamiliar area. Although in your mind you are driving responsibility, to an outside party like a police officer, you may appear to be suddenly braking or turning, swerving within your lane, or even something as simple as forgetting to use a turn signal.

If a police officer thinks these driving mistakes are being caused by driving under the influence, they do have the right to pull you over and investigate the situation. If this happens, do not panic. Being polite and cooperating with the officer is vital to your current situation as well as to your possible DUI defense, should you be charged with a Virginia DUI.

If you are ever pulled over on suspicion of driving drunk, be firm but polite, and comply with the officer's requests to see your ID and to step out of the car. Be very careful about what you say, as a careless or hasty remark could end up hurting your case. Though this may be upsetting, stay calm and find a Virginia DUI lawyer as soon as possible if you are wrongfully charged.

Browse our library to learn more about why police may suspect of you of driving under the influence.

Virginia DUI lawyer Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat Virginia drunk driving charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Erroneous Virginia Drunk Driving Charges

Bob@BobBattleLaw.com (Blog Author)27792 — Fri, 05 Mar 2010 08:00:00 EST

A police officer might have their own reasons to think that you're driving under the influence, even if you're actually sober. If you get pulled over at night on suspicion of driving drunk in Virginia, there are some things that you should keep in mind.

You may have been pulled over because of the way you were driving. Police officers often interpret common driving errors, such as weaving in the lane or forgetting to use turn signals, as signs of driving under the influence. As such, simply being a careful driver can help you to avoid Virginia drunk driving charges.

If an officer pulls you over, chances are they have already subconsciously decided your guilt. After this, you will be examined for signs that support this pre-determination of drunkenness, like smelling of alcohol or slurring your speech. Be polite, but remember that you are not legally required to take sobriety tests or admit to drinking.

Remember, it's very possible for sober individuals to fail sobriety tests. The police will interpret simple missteps or basic forgetfulness as signs of drunkenness. This is why it is important to get a good Virginia DUI defense team on your side in court.

Browse our library to learn more about why police may suspect of you of driving under the influence.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. Contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Virginia DUI Attorney Payment Plans

Bob@BobBattleLaw.com (Blog Author)27791 — Fri, 05 Mar 2010 08:00:00 EST

Are you in the process of hiring a Virginia DUI attorney? If so, you probably already know that a skilled DUI defense can get costly. But you also know that your freedom is a valuable commodity.

Fortunately, many Virginia DUI lawyers will allow you to set up a payment plan.

For a typical DUI attorney payment plan, you will be asked to make a large deposit up front (the retainer) and then make smaller monthly payments until the amount is paid in full. In many cases, you will be asked to send in post-dated checks or to allow the amount to be applied to your credit card monthly. This ensures that the law firm receives their money and does not have to resort to collections.

Many firms require that the amount be paid in full before the case goes to trial. This increases their chances of receiving their money, even after you win or lose your Virginia DUI case.

Please note that not all Virginia DUI attorneys will bring up payment plan options, so it is up to you to ask about them before retaining their services.

You may wonder if hiring an experienced defense attorney worth the expense. When you consider the penalties for a Virginia drunk driving conviction, i.e., jail time, community service, increased insurance costs, driver's license suspension, lost job opportunities, and so on, you may decide that the cost of an experienced Virginia DUI attorney is well worth it.

Bob Battle's GUARANTEE for DUI Defendants

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation.

Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Avoiding Virginia Drunk Driving Charges

Bob@BobBattleLaw.com (Blog Author)27790 — Fri, 05 Mar 2010 08:00:00 EST

Virginia drunk driving charges are definitely not something that you want on your permanent record. A conviction can result in serious legal, financial and social repercussions. Worse yet, you don't even have to be drunk to be pulled over and charged.

This is why the best Virginia DUI defense for a sober driver may simply be to take a few precautions when driving, especially at night. The police can make mistakes, so it's best to avoid them altogether if possible.

One of the most important things to do is to make sure that everything in the vehicle is working the way it should. Broken turn signals or tail lights might be just the excuse that an officer needs to pull you over.

Before doing anything else, get a feel for the dashboard. You should have a basic idea as to what the different buttons and switches do. You don't want to be pulled over on suspicion of driving under the influence because you reached for the radio and activated the hazard lights by mistake.

It is also very important to adjust the rear and side view mirrors as needed. Remember that they've been positioned for the convenience of the car's normal driver, not for you. On the same note, make sure that the seat is in a good and comfortable position.

If possible, see if you can find the owner's manual. This is a good way to get information about the vehicle, especially if you're not sure as to the purpose of a particular switch or dial. Be sure that you know where to find safety functions, like emergency lights. Taking these precautions will reduce the likelihood of having to deal with a Virginia DUI situation.

Browse our library to learn more about Avoiding Virginia DUI charges.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. Contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Making a Proactive Virginia DUI Defense

Bob@BobBattleLaw.com (Blog Author)27788 — Fri, 05 Mar 2010 08:00:00 EST

Officers often make mistakes when stopping drivers on suspicion of driving under the influence in Virginia. This means that you can suffer the humiliation and legal repercussions of being charged even if you were completely sober. Because of this, the best Virginia DUI defense may simply be to avoid getting pulled over in the first place.

There are a few simple steps you can take to reduce your chances of being pulled over.

One is simply to learn about the area in which you're driving. Many people charged with driving under the influence in Virginia were lost, which caused them to drive erratically and attract police attention.

If you're driving a friend's car or another vehicle that you don't know very well, take the time to familiarize yourself with your vehicle's controls. Nothing looks more suspicious than reaching for the windshield wipers, only to accidentally hit the emergency brakes.

Another good Virginia DUI defense tactic is to find out where the police have set up sobriety checkpoints. While these checkpoints do a lot of good for traffic safety, the police can make mistakes. Simply steering clear of these areas can play an important role in avoiding unjust Virginia drunk driving charges.

Browse our library to learn more about Virginia DUI defense.

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation.

If you are convicted of Virginia drunk driving charges in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

What Will My Virginia DUI Charge Cost Me?

Bob@BobBattleLaw.com (Blog Author)27473 — Sun, 28 Feb 2010 08:00:00 EST

A Virginia driving while intoxicated (DWI/DUI) conviction can be as financially costly as it is emotionally damaging. If you decide not to fight your Virginia DUI charge, you will pay fees to the Department of Motor Vehicles (DMV), alcohol abuse class and work program fees, and new auto insurance premiums and associated fees which you probably didn't even know existed.

How Much Money Is Associated With a DUI Charge?

In some states, a DUI charge can run you as much as $20,000. This is taking into account your bail, any associated fines, legal fees, increased auto insurance premiums, loss of income from work, alcohol education programs and more.

The best way to avoid these expenses is to fight your DUI charges in a Virginia court. Your first step is hiring an experienced Virginia DUI defense attorney. Despite whatever myths exist about the difficulty of fighting DUI charges, a good DUI defense attorney can build a compelling argument and defend your rights in court.

Bob Battle's GUARANTEE for DUI Defendants

Bob Battle is the only DUI lawyer in Virginia to offer a guarantee that could be worth thousands of dollars in free legal representation.

Under Virginia law, if you are convicted of DUI in the General District Court, you have a right to appeal and get a new trial in the Circuit Court. Bob Battle guarantees that, if you wish to appeal your case, he will represent you on appeal to the Circuit Court for FREE! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

What to Know When Choosing a Virginia DUI Defense Attorney

Bob@BobBattleLaw.com (Blog Author)27472 — Sun, 28 Feb 2010 08:00:00 EST

When choosing a Virginia DUI defense attorney, there are several criteria to keep in mind.

Some of the things that you will want to know about your attorney include:

What challenges they foresee in your case
How they will bill you for their charges and fees
How many Virginia DUI cases they have taken to trial

These are 3 simple questions to ask a potential Virginia DUI defense attorney before you retain their services. But there is one general question that covers all the bases: Exactly who will be representing me?

How Can I Know Who Will Be Representing Me?

The way to choose a good DUI attorney is to ask a lot of questions. In your first telephone conversation or office meeting, you'll want to know exactly who will be handling your case. Sometimes a firm will boast a "team approach", in which the attorney you are speaking with is not actually the one who will represent you in a Virginia court of law. You may be left with an attorney that is particularly young or inexperienced. The only way to have the best representation is to know exactly who will be your lawyer.

Learn more about how to choose the right DUI attorney for your case by visiting our library.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Have You Recently Been Charged With DUI in Virginia?

Bob@BobBattleLaw.com (Blog Author)27471 — Sun, 28 Feb 2010 08:00:00 EST

Have you recently been hit with a DUI charge in Virginia? You have the same rights as anyone who has been charged with a crime, so don't automatically assume you'll be found guilty. This first thing that you'll want to do is contact an experienced Virginia DUI defense attorney to start working on your case.

What can a Virginia DUI defense attorney do for me?

A good attorney will immediately want to know the specifics of your case. They will review the facts, and tell you the advantages and/or challenges that you will face in a Virginia courtroom.

If you decide to try your case before a jury trial, your Virginia DUI attorney will guide you through the arraignment process, file the necessary motions, and try to build a winning argument for your defense.

How do I choose the right DUI attorney?

A good Virginia DUI defense attorney should have plenty of experience in court. They should have successfully represented defendants in past Virginia DUI cases. When choosing your attorney, you should ask questions such as "How many DUI cases have you taken to trial?" and "What do you see as the challenges in my case?"

You should also ask about the specific charges and fees your attorney will bill you for. Learn more about choosing the right DUI attorney by visiting our library.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

5 Misconceptions About Your Virginia DUI Charges

Bob@BobBattleLaw.com (Blog Author)27470 — Sun, 28 Feb 2010 08:00:00 EST

There are common misconceptions about DUI charges that you should keep in mind as you battle your Virginia DUI charge. Listed below are 5 common misconceptions that you'll need to know as you build your DUI defense.

Misconception #1 - Most people charged with DUI are guilty

This misconception is known as The DUI Guilt Myth, and it needs to be invalidated. This false assumption equates your Virginia DUI charge to a guilty conviction. This is not the way the law works. Under U.S. law, any defendant is innocent until proven guilty.

Misconception #2 - DUI is just a minor offense

DUI is a serious crime, and should not be taken lightly. This is why you should understand your rights, and do what you can to fight your charges in a Virginia court. A DUI conviction can come with penalties, fines, heavily increased auto insurance premiums, and even jail time. Pleading guilty to a case you can win may significantly damage your life and reputation. Don't plead guilty without discussing your case with a Virginia DUI defense attorney first.

Misconception #3 - DUI cases are un-winnable

Many people make the mistake of pleading guilty to their DUI charge. But with a good attorney and a solid argument you have a chance at winning your case.

Misconception #4 - DUI cases are all the same

Every DUI case is different in some way. A good Virginia DUI defense attorney will investigate the facts of your case and treat you as an individual, and not a statistic.

Misconception #5 - Any attorney will do

This misconception is the most dangerous of all. A good Virginia DUI defense attorney will have experience defending Virginia DUI cases in court. You will want a seasoned attorney who knows your rights and will agree to represent you themselves.

To learn more about your rights in a DUI charge, visit our library.

Virginia DUI attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

You Don't Have to Plead Guilty to Your Virginia DUI

Bob@BobBattleLaw.com (Blog Author)27468 — Sun, 28 Feb 2010 08:00:00 EST

One of the most common myths about DUI charges is that the defendant is inevitably going to be found guilty. But an experienced lawyer and a strong argument may be able to help you overcome the evidence against you.

If you have recently been charged with DUI in Virginia, you have the right to an attorney and a fair trial. Despite what you think about Virginia DUI laws, you don't automatically have to plead guilty.

How Can I Win My Virginia DUI Case?

First, keep in mind that under United States law, everyone is innocent until proven guilty. This applies to DUI cases as well. No matter how unpopular DUI charges are, your basic rights still apply. The most important thing you will need to do in order to fight your DUI charges is hire an experienced Virginia DUI defense attorney.

When choosing to fight your Virginia DUI charges, remember:

DUI cases can be won - and, it is worth the effort to see if you can beat your charges.
DUI is a not just a minor offense, so understand your rights, and do your best to build a winning argument.
The attorney you choose may be the most crucial element to winning your DUI case.

To learn more about your rights in a DUI charge, visit our library.

In the face of DUI charge, you get to pick one person to be on your side - your lawyer. This decision of who will be your lawyer will be one of the most important decisions you make in your life. Bob Battle relishes and thrives in his role of "going to battle" for the legal underdog.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

Woman Who Had .708 BAC Pleads Guilty TO DUI

Bob@BobBattleLaw.com (Blog Author)25432 — Thu, 21 Jan 2010 08:00:00 EST

The woman who law enforcement said was driving under the influence with a blood-alcohol content of 0.708 percent claims she had no recollection of the incident.

On January 19, 45-year-old Sturgis, Michigan resident Marguerite Engle pleaded guilty to two offenses of DUI in Sturgis’ 4th Circuit Magistrate Court before Judge Michelle Percy.

Engle is set to be sentenced on February 23. Percy ordered a pre-sentence investigation in which Engle will likely undergo an evaluation and behavioral history will be compiled.

On December 1, Engle was discovered in a vehicle along Interstate 90. Police reported her blood-alcohol content to be 0.708 percent, a life-threatening amount that is nearly nine times the legal limit of 0.08 and is possibly a Michigan state record. On December 28, she was arrested for failure to appear in court for her December 1 DUI. Police reported her BAC to be 0.281 percent in that instance, more than three times the legal limit. She was charged with DUI and possession of marijuana.

Engle pleaded guilty to both of the DUI charges and the Meade County state’s attorney’s office agreed to drop all of the other charges.

Engle faces a penalty of up to one year in prison and less than $500 in fines and costs for each charge.

School Bus Driver Charged With DUI During Field Trip

Bob@BobBattleLaw.com (Blog Author)25431 — Thu, 21 Jan 2010 08:00:00 EST

A school bus driver is faced with charges of driving under the influence while allegedly driving students around.

The driver, Ryan Dunlop, was taken into custody by police on January 18 after he allegedly failed a field sobriety test.

According to some students from Carrick, Pennsylvania, Dunlop seemed a bit out of sorts while en route to a field trip at the Carnegie Science Center on the day of his arrest.

Three hours later, when it was time for the students to return home, they knew there was something wrong.

According to Christian Blanitzer, a chaperone on the trip, when they returned to the bus, they could smell alcohol and noticed he was swerving even more and acting in a paranoid fashion.

According to the students, the Dunlop reeked of alcohol and he had trouble keeping the bus on the road.

The chaperones contacted police and developed a plan to get him to pull over. Blanitzer said they had a student fake a panic attack so that Dunlop would pull over so she could get some air. He said police arrived within 20 seconds.

Police say Dunlop failed a field sobriety test and then was transported to the hospital for a blood test. He claimed he’d done nothing wrong.

Dunlop was charged with DUI, reckless endangerment, and endangering the welfare of children.

Chilhowie Police Officer Charged With DUI

Bob@BobBattleLaw.com (Blog Author)25429 — Thu, 21 Jan 2010 08:00:00 EST

On January 8, an off-duty police sergeant from Chilhowie was charged with driving under the influence after a head-on collision with a truck while driving in the wrong lane across a bridge, according to police.

Two years ago, the same officer, 34-year-old Sgt. David Conley Cullop, was honored after he saved the life of a Virginia State Trooper who was nearly killed by a drunk driver.

In the crash that led to Cullop’s arrest, no one was injured. He was also charged with refusal to submit to a breath test, according to a Virginia State Police spokesman. The accident took place on state Route 107 at approximately 6:30 p.m.

The Chilhowie Police Department initially responded to the scene, but called in State Police after it was determined that one of its own had been involved.

State Police Sgt. Michael Conroy said the 2007 Dodge Caliber Cullop was driving crossed the center line and struck a 2004 Ford Ranger as the vehicles met on a narrow bridge. Both were traveling along the curvy road at an estimated speed of 25 mph.

Cullop was hailed as a hero in February 2008 for saving the life of a state trooper that had been hit by a drunk driver. News reports say Cullop was the first to respond to the scene when a drunk driver hit the officer’s cruiser, which had been parked on the shoulder of Interstate 81 during a traffic stop.

Cullop was able to pull the trooper, who was unresponsive and wedged in the wreckage, out of the vehicle and was able to get him breathing until EMS arrived.

Roanoke Elementary School Principal Sentenced For DUI

Bob@BobBattleLaw.com (Blog Author)25428 — Thu, 21 Jan 2010 08:00:00 EST

The principal of Fallon Park Elementary School in Roanoke has been given the mandatory minimum sentence for first offense driving under the influence.

On January 13, 39-year-old award-winning teacher and principal Cynthia Delp pleaded guilty to the misdemeanor charge in Roanoke County General District Court.

According to Chief Assistant Commonwealth's Attorney Marian Kelley, Delp had her driver’s license suspended for a year, except to drive to work, Virginia Alcohol Safety Action Program meetings, and medical reasons.

Delp has also been ordered to pay a fine of $250, pay court costs of $171, and serve eight hours of community service and was given a 90-day suspended jail sentence.

The court also took an additional charge of refusing to take a breath or blood test under advisement.

On November 28, Delp was arrested following a traffic accident near Tanglewood Mall.

Delp became principal of Fallon Park in 2004. She previously served as an administrator in schools in Giles and Patrick counties.

Delp was awarded the Outstanding Principal Award in 2005 from the Curry School of Education Foundation at the University of Virginia. A California-based research group named Fallon Park one of the best urban schools in the U.S. in March.

Tiffany Woods, a spokeswoman for the school system, said that Delp remains the school’s principal.

Bruce Smith Pleads Guilty To DUI

Bob@BobBattleLaw.com (Blog Author)25427 — Thu, 21 Jan 2010 08:00:00 EST

On January 14, NFL Hall of Famer Bruce Smith pleaded guilty to driving under the influence in a court in Virginia Beach.

Smith has been ordered to pay a fine of $1,000 and complete an alcohol-safety program. He was also sentenced to a 90-day suspended jail term and had his license restricted for a year.

On May 14, the former Buffalo Bills and Washington Redskins defensive end was arrested after he was pulled over by police and failed field sobriety tests. He also refused to submit to a breathalyzer test.

Smith later admitted to drinking wine with his friends in Norfolk before driving home.

Ironically, one month after Smith’s arrest, the arresting officer crashed his vehicle while off-duty and was later convicted of DUI.

The arrest was Smith’s third for DUI within the past 13 years. The first was dismissed and he was acquitted of the second.

Deputy Charged With DUI Resigns

Bob@BobBattleLaw.com (Blog Author)24630 — Thu, 07 Jan 2010 08:00:00 EST

According to officials, a South Carolina deputy has resigned in the wake of his arrest for driving under the influence after he crashed a patrol vehicle.

Orangeburg County Sheriff Larry Williams reported to several media outlets on January 5 that Robert Ayers had resigned.

On December 30, Ayers was arrested after he ran into a ditch south of Orangeburg. Troopers said that the officer, who was off-duty at the time, failed multiple sobriety tests and refused to submit to a breathalyzer test.

According to Williams, Ayers had been a member of the department for three years and had been placed on leave during the investigation.

Federal Prosecutor Suspected To Have Received Favorable Treatment Loses License For DUI

Bob@BobBattleLaw.com (Blog Author)24629 — Thu, 07 Jan 2010 08:00:00 EST

A federal prosecutor from Rhode Island whose DUI arrest led to an internal investigation into whether he was given preferential treatment by police has had his driver’s license suspended for seven months.

On January 4, 50-year-old Gerard Sullivan admitted that there was enough evidence to prove that he refused to submit to a breath test after he was pulled over on November 25 when he was spotted driving erratically.

As part of a deal, two motor vehicle violations against Sullivan were dropped by prosecutors in the state Traffic Tribunal. In addition to the license suspension, he was also required to pay a fine of $400 and serve 40 hours of community service.

Sullivan is still faced with a charge of DUI in a Warwick District Court.

An internal probe has been ordered by Warwick’s police chief in order to determine why Sullivan was not initially charged with DUI, only others who were arrested during the Thanksgiving weekend.

Man Arrested For DUI In Virginia Beach After Hit-And-Run

Bob@BobBattleLaw.com (Blog Author)24628 — Thu, 07 Jan 2010 08:00:00 EST

On December 30, Dorek E. Hayes was arrested by police in Virginia Beach after an accident in which a woman suffered critical injuries while walking along Honeygrove Road.

According to police, Hayes was speeding in his 2000 Mitsubishi Eclipse when he hit the woman and fled the scene. Emergency crews responding to the scene discovered the woman conscious, but suffering from trauma to her legs, arm, and head. She received transport to a local hospital where she was listed in critical condition.

Hayes crashed into a parked van approximately a block away from the scene and was taken into custody.

Police charged Hayes with DUI-second offense, DUI refusal, maiming as a result of being intoxicated, and hit-and-run with personal injury.

Woman Has Record-Setting Blood-Alcohol Content

Bob@BobBattleLaw.com (Blog Author)24627 — Thu, 07 Jan 2010 08:00:00 EST

According to authorities in South Dakota, the DUI of a woman they discovered passed out in a stolen vehicle may have set a state record, as her blood-alcohol content was 0.708 percent, which is nearly nine times the legal limit of 0.08.

According to Meade County State’s Attorney Jesse Sondreal, his research indicates that in about half of the population, a level of 0.40 percent is considered lethal. He said state chemists can’t remember registering a blood-alcohol content of more than 0.56 percent.

Authorities say troopers discovered 45-year-old Marguerite Engle passed out beside a highway on December 1 in a van that had been reported stolen.

She missed her December 15 court appearance, but was located on December 28 sitting in another stolen vehicle in a ditch beside another highway after another apparent round of drinks.

DUI Charges Expected For Former NBA Star Jayson Williams After Crash

Bob@BobBattleLaw.com (Blog Author)24626 — Thu, 07 Jan 2010 08:00:00 EST

On January 5, former NBA star Jayson Williams with charged with driving under the influence after a single-vehicle crash in which his SUV veered off an exit ramp and collided with a tree, according to police.

Williams, who is awaiting a retrial on a New Jersey manslaughter case, sustained a minor bone fracture in his neck and cuts to his face, according to authorities.

Police say when officers arrived, he was in the passenger seat and said that someone else had been driving. However, witnesses told police that they saw him in the driver’s seat and officers saw no other occupants in the vehicle.

Police say Williams appeared to have been drinking prior to the 3:15 a.m. crash. He received transport to Bellevue Hospital, where he refused to submit to a breath test. Police requested a warrant to test blood taken by hospital officials for alcohol content.

Williams was charged with DUI at his hospital bed.

Williams spent a decade in the NBA playing for the New Jersey Nets before a broken leg led to his retirement in 2000. He later became an NBA analyst for NBC, but was suspended after a hired driver was shot to death in his house in February 2002.

In that incident, witnesses say that Williams had been drinking and was showing off a shotgun in his bedroom when he snapped the weapon shut and it fired one shot that struck the driver, Costas Christofi, in the chest. They also say Williams initially placed the weapon in the victim’s hands and told those present to lie about what happened.

A jury deadlocked on a reckless manslaughter count, acquitted Williams of aggravated manslaughter, and convicted him of covering up the shooting. He was never sentenced for the cover-up counts, pending the retrial’s outcome, and has remained free on bail.

In 2009, Williams’ wife filed for divorce and police used a stun gun on him in a New York hotel after a female friend said he was acting suicidal. In May, he was charged with assault after allegedly punching a man in this face outside of a bar in North Carolina, but those charges were dropped. His father, E.J., died in South Carolina in November.

School Bus Driver Sentenced For DUI With Students On Board

Bob@BobBattleLaw.com (Blog Author)24625 — Thu, 07 Jan 2010 08:00:00 EST

A former school bus driver in western New York has been sentenced to 90 days in prison for driving under the influence while behind the wheel during a chaotic ride that was captured on the vehicle’s surveillance video.

On January 4, Almond, New York resident Martha Thompson was also sentenced to six months of electronic home monitoring and fined $1,000 in Allegany County Court. On November 2, she pleaded guilty to DUI and 37 counts of reckless endangerment, one count for each student that was on board the bus on May 8.

The surveillance video shows several teenage girls pleading with Thompson to pull over after she missed a turn and drove the bus in reverse. The girls then led some of the younger students out of the bus’ rear as she yelled at them to remain on board.

School Bus Driver Sentenced For DUI With Students On Board

Bob@BobBattleLaw.com (Blog Author)24624 — Thu, 07 Jan 2010 08:00:00 EST

Man Charged With Reckless Driving After Collision With Holiday Horse-Drawn Wagon

Bob@BobBattleLaw.com (Blog Author)24291 — Thu, 31 Dec 2009 08:00:00 EST

According to authorities, a man has been charged with reckless driving after crashing his 2006 Mustang into the rear of a horse-drawn holiday wagon ride in Stanley, resulting in 14 people being injured.

Approximately 20 adults and children were on board the wagon with bolted-down benches and wrought-iron sides and back, which helped to protect the riders some, according to Police Chief Timothy Foster.

According to Foster, the driver of the Mustang was not paying attention and slammed into the wagon at approximately 8 p.m., knocking the wagon driver into a yard along Main Street. The Clydesdale horses pulled the wagon and riders for 100 yards before it struck an electric pole. Foster said the horses fled and were later caught.

Foster said that thirteen people, including the wagon driver, received transport to a local hospital and a woman with a compound fracture of her leg received air transport to another. None of the injuries are believed to be life-threatening.

Foster said that neither speed nor alcohol are believed to be factors. The wagon was equipped with flashing lights, reflective signs and tape, and holiday lights and should have been easily visible.

The driver of the car was uninjured and was charged with reckless driving.

Saints' Bobby McCray Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)24290 — Thu, 31 Dec 2009 08:00:00 EST

Early on the morning of December 29, New Orleans Saints defensive end Bobby McCray was arrested on charges of driving under the influence after he refused to submit to a breathalyzer test.

The New Orleans Police Department booked McCray on one count of DUI, speeding, careless operation of a motor vehicle, and driving without registration.

The former Florida Gator has had very little impact on the Saints’ 13-2 start. At this point, he has only 10 tackles and 1 ½ sacks.

10 Killed In Eight Crashes Across Virginia During Christmas

Bob@BobBattleLaw.com (Blog Author)24289 — Thu, 31 Dec 2009 08:00:00 EST

According to preliminary numbers, a total of 10 people were killed in eight traffic crashes throughout the state of Virginia during the Christmas holiday weekend. The four-day Christmas statistical counting period began December 24 and ended at midnight on December 27.

The number is an increase from 2008’s five-day Christmas statistical period, in which six people were killed in crashes across the state.

Of the 10 killed during the period, four were teenagers. On Christmas Eve, a 19-year-old female and 16-year-old female were killed in a crash in Prince Edward County. Neither one was wearing a seatbelt and both were ejected when the vehicle rolled multiple times. On December 26, an 18-year-old male died in Campbell County when his vehicle ran off the road and overturned. He was also not wearing a seatbelt. In a separate crash that day, a 17-year-old driver died in a head-on collision in Newport News. The 53-year-old driver of the other vehicle was also killed in the crash.

Two separate fatal crashes in Accomack County were investigated by Virginia State Police during the Christmas holiday weekend. The other fatal crashes took place in Henrico, Fairfax, and Rockbridge Counties. None of those five were wearing a seatbelt.

According to studies, not wearing a seatbelt increases one’s likelihood of being killed in a crash by five times and increases the chances of being seriously injured by three times. Under Virginia law, drivers and front seat passengers are required to wear seatbelts.

Alcohol was a factor in at least two of the fatal crashes.

The 2009-2010 New Year’s four-day statistical counting period begins at 12:01 a.m. on December 31 and ends at midnight on January 3. In 2008, the four-day holiday period saw five people killed in traffic accidents across the state.

Virginia State Police plan to continue aggressive DUI patrols and preventative enforcement efforts as part of Checkpoint Strikeforce throughout the New Year’s weekend.

Another Virginia Beach Police Officer Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)24288 — Thu, 31 Dec 2009 08:00:00 EST

A police officer in Virginia Beach, the second one in 2009, was been charged with driving under the influence and hit-and-run on December 26.

According to Chesapeake police spokeswoman Dorienne Boykin, Stephane Prevot was charged after he struck a neighbor’s mailbox on Myrtle Avenue at approximately 11:30 a.m.

Virginia Beach police spokesman Adam Bernstein said Prevot had been an officer for the VBPD since January 2005. He said that an arrest automatically places an officer on administrative duty.

Another Beach police officer, Bryan K. Womble, was arrested in June for DUI and hit-and-run after a crash at the Oceanfront. He had a blood-alcohol content of 0.15 percent, nearly twice the legal limit of 0.08 percent.

Womble was convicted on September 21 and sentence to five days in prison, which he served in November. His license was also suspended for a year and he was ordered to pay fines of $500, attend alcohol safety awareness classes, and use an ignition interlock device for six months.

Womble was a celebrated member of the Police Department’s Traffic Safety Unity, which specializes in stopping impaired driving. He was the officer who arrested retired NFL star Bruce Smith for DUI on May 15.

Womble is no longer a member of the Virginia Beach police.

Tax Court Lets Drunk Driver Write Off Damages In DUI Accident

Bob@BobBattleLaw.com (Blog Author)24286 — Thu, 31 Dec 2009 08:00:00 EST

On December 10, the U.S. Tax Court allowed a man to write off thousands of dollars worth of damage after totaling his pickup truck while driving under the influence in a ruling on an appeal the man filed.

Deducting property damage isn’t unusual (usually claimed as a casualty loss deduction), but the circumstances of the case, which required that a judge determine if the driver was or wasn’t willfully negligent, are what set it apart.

The case also shows that disgruntled taxpayers can challenge the IRS, and win, on some unusual cases.

Additionally, the case points to a gap in the tax code. Jay Starkman, a CPA from Atlanta, says it may turn on the idea of willful negligence, but tax rules do not define what that means for casualty losses. He called the outcome “unusual.”

According to court documents, in 2005, Justin M. Rohrs purchased a 2006 Ford 350 pickup truck for $40,210. Months later he went to a gathering at the home of a friend. Expecting to be drinking, he arranged for a ride to and from the friend’s home. However, after returning home, he decided to drive to his parents’ house. On the way there, his truck slid off an embankment and overturned. He was arrested for DUI and taken to a hospital.

Rohr’s insurance company denied a loss claim due to his arrest and DUI citation. The IRS then turned down his claim for a $33,629 casualty loss deduction on his Form 1040. He then took the case to Tax Court, which decided differently.

According to the judge’s ruling, driving after drinking doesn’t amount to willful negligence in itself. Rather, he said, the level of intoxication and the quality of the driving have to be taken into consideration. Rohrs’ blood-alcohol content was measured at 0.09 percent, slighting above the legal limit of 0.08 percent.

The Tax Court was established by Congress under Article I of the U.S. Constitution. It is located in Washington D.C., but its judges travel around the U.S. to conduct trials in various cities. The court is a place taxpayers may go if they believe they have gotten a raw deal from the IRS.

Designated Driver Arrested On Suspicion Of DUI After Fiery Crash In California

Bob@BobBattleLaw.com (Blog Author)23492 — Tue, 15 Dec 2009 08:00:00 EST

On the night of December 13, police in a fiery crash resulted in one man’s death and a designated driver being arrested by police in Torrey Pines, California on suspicion of driving under the influence.

The victim was southbound in a Volkswagen Passat on North Torrey Pines Road shortly before 10 p.m. when a man driving an Infinity G35 rear-ended him, according to San Diego police Detective Dan Wall.

Wall said the VW was slowing while approaching the intersection with Genesee Avenue and the Infiniti approached “like a bullet down the road.”

The collision ruptured the VW’s gas tank, resulting in both cars being engulfed in flames.

An employee at nearby University of California-San Diego witnessed the crash and broke the windows of the Infiniti to extract the driver and a passenger. Wall said he was unable to get the VW’s driver out.

The Infiniti’s driver, 30-year-old San Diego resident Michael Landri, was arrested on suspicion of DUI and booked into county jail, where he was being held on $160,000 bail and faces charges of gross vehicular manslaughter, among other charges.

According to Wall, Landri and his passenger were “very drunk” and leaving an employee Christmas party.

Legendary Florida DUI Attorney Richard Essen Dies

Bob@BobBattleLaw.com (Blog Author)23491 — Tue, 15 Dec 2009 08:00:00 EST

A “Remembrances” column that appeared in the Wall Street Journal on December 8 showed that it isn’t necessary to be a Marty Lipton, Bill Lerach, or some other high-flier to be considered a legal pioneer.

The piece in question is focused on Richard Essen, who died in November at the age of 70. The piece said that he helped in the development of the legal specialty of providing drivers accused of driving under the influence with vigorous and complex defenses.

Patrick Barone, a Michigan attorney and editor of the legal publication DWI Journal, said that Essen was one of the first attorneys who recognized the need for aggressive defenses for people who had been charged with DUI.

The WSJ piece said that, thanks in part to a 1983 federal initiative encouraging states to adopt a more stringent approach to DUIs, laws were tightened, making it mandatory for first offenders to serve jail time and have their licenses suspended.

Essen, whose DUI defense practice was based out of Miami, Florida, developed strategies for defending against the new laws by filing reams of pretrial motions challenging police conduct and accuracy of breathalyzers.

William Head, an Atlanta, Georgia attorney specializing in DUI law, called Essen “the king of pretrial motions.”

The tales the story provides show an image of an aggressive and unapologetic advocate. In one case in 1983, Essen defended a driver whose car had overturned after a night of drinking, resulting in the death of a passenger. The driver’s blood-alcohol content measured to be 0.13 percent. However, Essen successfully had the charges thrown out when he showed that the nurse who had drawn the driver’s blood had an expired nurse’ license.

The WSJ piece reported another case in which Essen raised doubts about a police officer’s ability to distinguish the odor of alcohol from that of a client’s medication. In another case, he successfully argued that a client had been coerced because police refused to allow him to use the restroom until he submitted to a coordination test.

Not surprisingly, Essen was blistered by drunk-driving awareness groups as a result of his aggressiveness. Mothers Against Drunk Driving founder Candy Lightner once accused Essen of “trying to undo everything we’re working for.”

Former Dade County DUI division chief prosecutor Stephen Talphins said that in response to such challenges as those Essen provided, the county changed its procedures for how DUI cases were handled, including beefing up training and bringing in updated breathalyzers. He said, “Guys like him forced us to elevate what we were doing to a much higher level.”

Amish Man In Horse Drawn Buggy Arrested For DUI In Pennsylvania

Bob@BobBattleLaw.com (Blog Author)23490 — Tue, 15 Dec 2009 08:00:00 EST

On the night of December 6, an Amish man was arrested by police in central Pennsylvania on charges of driving under the influence when he was found sleeping in his still-moving buggy. Police say the 22-year-old man was slumped over and asleep in a buggy that was moving slowly.

A nearby off-duty officer reportedly spotted the horse pulling the buggy at a walking pace as it straddled the center line.

According to police, the man was given a breathalyzer test, which revealed his blood-alcohol content to have been 0.18 percent, more than twice the legal limit of 0.08 percent.

State Commission Decertifies Richmond Capital Area ASAP

Bob@BobBattleLaw.com (Blog Author)23489 — Tue, 15 Dec 2009 08:00:00 EST

The state commission that oversees the Virginia Alcohol Safety Action Program has decertified the Capital Area ASAP in Richmond, fired its executive director, and suspended its 12 board members after it was determined through an investigation that there were “serious problems” with the manner in which the local program was being managed.

According to several board members of the Richmond ASAP, which include local law-enforcement officials and court authorities, they received hasty notification of the commission’s actions with no explanation. They were invited to attend the VASAP’s quarterly commission meeting, which took place on December 4, to learn more.

Board member Irving Wright, clerk of the Richmond General District Court’s traffic division, said that the board members were “totally in shock” and were “all disappointed.” He said that as far as he knew, no one on the board knew what was going on.

Statewide VASAP Executive Director Debra Gardner confirmed the commission’s actions, which included the removal of the Capital Area ASAP’s certification. That program serves Richmond, Ashland, and the counties of Hanover and Goochland. She said the commission had taken over the Capital Area’s program pending further action.

The ASAP program provides educational and substance-abuse services to drug and alcohol offenders who were referred to the program by the courts. A total of 24 ASAP programs statewide are overseen by the Virginia commission.

One source with knowledge of the investigation says that the Capital Area ASAP refused to conduct a timely investigation of complaints against Executive Director Reta Moore by some of her employees and outside contractors.

The commission learned of the complaints through a recertification process that involved interviewing employees of the Capital Area ASAP, according to an anonymous source. The complaints were forwarded to the Capital Area program’s chairman, but he declined to conduct an investigation because no formal complaints had been filed.

After state commissioners were advised, they voted to hire an outside consultant to investigate the complaints. The source said a thick report was compiled by the consultant after all of the Richmond program’s employees were interviewed.

Among the Capital Area ASAP’s board members are Hanover Sheriff Stuart V. Cook, Goochland Sheriff James L. Agnew, Hanover Commonwealth’s Attorney Ramon E. “Trip” Chalkley III, Goochland Commonwealth’s Attorney Claiborne Stokes, former Richmond Deputy Commonwealth’s Attorney Matthew P. Geary, Richmond traffic Judge Thomas O. Jones, and Virginia Association of Chiefs of Police Executive Director Dana G. Schrard.

According to board chairman Dr. Jon Moss, the board didn’t act immediately because only sketchy details of the allegations had been provided in informal conversations with a board member.

Richmond City Council Member E. Martin Jewell Pleads No Contest To DUI

Bob@BobBattleLaw.com (Blog Author)23040 — Mon, 07 Dec 2009 08:00:00 EST

On December 7, Richmond City Councilman E. Martin Jewell pleaded no contest to a charge of driving under the influence in October and issued an apology to his constituents.

Richmond General District Court Judge Randy Rowlett fine the 5th District council member $500, with $250 suspended, and imposed a suspended 90-day prison sentence. He also suspended Jewell’s license for 12 months, but provided exceptions for him to drive to and from work, including City Council functions.

Jewell was also referred to a 10-week alcohol-treatment program. His attorney said it was a standard sentence for first-time offenders.

On October 24, Jewell was pulled over and arrested by Richmond police at approximately 1:30 a.m. near Byrd Park. According to his attorney, his blood-alcohol content was measured at 0.11 percent, above the limit of 0.08, but below the 0.15 percent level that would trigger mandatory time in prison.

Jewell would not discuss details of the night of his arrest, but said that he and his son had attended a party at the home of a friend that coincided with homecoming weekend at Virginia Union University.

Virginia Beach Woman Charged With DUI Manslaughter

Bob@BobBattleLaw.com (Blog Author)23039 — Mon, 07 Dec 2009 08:00:00 EST

A woman from Virginia Beach has been charged with manslaughter after a DUI collision with in which a pedestrian was killed, according to police.

Police have also charged 29-year-old Natasha Herzog with her second offense of driving under the influence and maiming.

On November 27, Herzog was driving a sport utility vehicle on Columbus Street in Virginia Beach when she struck two pedestrians near Market Street shortly before 1 a.m. Both victims received transport to a local hospital with broken bones. One of the victims, 23-year-old Suffolk resident Hunter Richardson, was pronounced dead due to internal injuries later that day.

Herzog is being held at the Virginia Beach Correctional Facility without bond.

21 Vehicles Stopped, 9 DUI Arrests At Hanover County Sobriety Checkpoint

Bob@BobBattleLaw.com (Blog Author)23038 — Mon, 07 Dec 2009 08:00:00 EST

On November 26, a sobriety checkpoint was conducted on U.S. 360 eastbound at the Hanover/Henrico County line from 9 p.m. until 3 a.m. the following morning by the Hanover County Sheriff’s Office and the Virginia State Police.

Captain Michael J. Trice of the Hanover County Sheriff’s Office said that 1,200 vehicles passed through the checkpoint. He said 95 of those vehicles were detained for further investigation.

The officers at the checkpoint conducted sobriety tests on 21 drivers, resulting in seven of them being arrested for driving under the influence.

Other arrests at the checkpoint included three charges of possession of marijuana, possession of ecstasy, two charges of possession of a concealed weapon/gun, failure to yield to law enforcement, and a fugitive out of Mecklenburg County.

Federal Prosecutor's DUI Stop Raises Questions Of Special Treatment

Bob@BobBattleLaw.com (Blog Author)23037 — Mon, 07 Dec 2009 08:00:00 EST

A federal prosecutor has pleaded not guilty to a charge of drunken driving (DUI) after his recent traffic stop in Warwick, Rhode Island. The circumstances around his traffic stop have raised questions over whether he received special treatment.

Gerard Sullivan was arraigned on December 4. He is next scheduled to appear in court on December 15.

Police say on Thanksgiving, Sullivan was stopped for driving erratically and officers detected the odor of alcohol on his breath. He allegedly told officers that he had just left a tavern and had “too much” to drink. He also informed them that he was a prosecutor and knew the police chief.

According to police, Sullivan refused to consent to a breath test. However, unlike others during the Thanksgiving weekend who refused to do so, he was not charged with driving under the influence.

On December 4, Police Chief Stephen McCartney released a written statement saying that the added DUI charged was a case of “fundamental fairness.”

Florida Defensive End Carlos Dunlap Suspended From Championship Game After DUI Arrest

Bob@BobBattleLaw.com (Blog Author)23036 — Mon, 07 Dec 2009 08:00:00 EST

On the morning of December 1, just a few days before Florida’s loss to Alabama in the SEC Championship game, Gators junior defensive end Carlos Dunlap was arrested on a charge of driving under the influence.

Later that day, Florida coach Urban Meyer announced that Dunlap would be suspended for the championship game at the Georgia Dome in Atlanta. Meyer called Dunlap’s actions “a very poor decision.”

The Gainesville Police incident report said that Dunlap was arrested shortly before 4 a.m.

According to a report, police attempted to wake a sleeping Dunlap multiple times at a traffic light in the middle of an intersection near the University of Florida campus with his car still in gear. Police unlocked the red 2000 Chrysler through a crack in the driver’s side window.

Police were afraid Dunlap’s foot would come off of the brake and the car would cause an accident. After police gained entry, they put the car in park and turned off the engine.

According to the report, police detected alcohol on Dunlap’s breath. He submitted to field sobriety tests, which he failed, but refused to submit to a breath test, according to Gainesville Police spokesman Keith Kameg.

The 20-year-old defensive end appeared in court and was released on his on recognizance shortly after 9 a.m. The judge admonished Dunlap for underage drinking. As part of his release, his is prohibited from possessing alcohol, illegal drugs, and any prescription drugs not prescribed to him. He is also not allowed to operate a motor vehicle and will be jailed if he violates the terms of his release.

A court date has yet to be set for the DUI charge.

Many believe Dunlap would be a first-round pick in the NFL draft if he decides to leave after this season. ESPN’s Mel Kiper Jr. rates him as the No. 3 overall selection.

Alabama Police Chief Placed On Leave After DUI Arrest

Bob@BobBattleLaw.com (Blog Author)23034 — Mon, 07 Dec 2009 08:00:00 EST

A north Alabama police chief has been placed on leave after he was charged with driving under the influence.

According to officials, on December 5, Tuscumbia Police Chief Tony Logan was arrested at his Florence home. City attorney Tom Heflin asked that he be placed on administrative leave the following day.

Police said the arrest came after a report from a caller that damage to a mailbox and other minor damage had been caused by a vehicle. According to a police report, Logan was drunk at the time of his arrest.

Logan was named chief of police in July of 2008.

Former Titans Receiver Chris Davis Receives Probation In DUI Case

Bob@BobBattleLaw.com (Blog Author)22525 — Fri, 27 Nov 2009 08:00:00 EST

Months after being arrested on a charge of driving under the influence, former Tennessee Titans wide receiver Chris Davis was sentenced to six months of supervised probation for reckless driving.

Police reports say that on August 21, Davis was pulled over for speeding and his blood-alcohol content was measured at 0.11 percent, via a Breathalyzer test.

The legal limit is 0.08 percent.

After being arrested, Davis was cut by the team. He was re-signed in early November, but five days later, he was cut again.

DUI Charge Against Senator Kerry's Daughter Dropped

Bob@BobBattleLaw.com (Blog Author)22523 — Fri, 27 Nov 2009 08:00:00 EST

Los Angeles prosecutors say that Alexandra Kerry, daughter of Massachusetts Senator and former Presidential candidate John Kerry, will not face criminal charges for her arrest for driving under the influence in early November.

According to a report in People Magazine, Kerry was arrested on November 19 in Hollywood on suspicion of DUI.

L.A. City Attorney spokesman Frank Mateljan said on November 23 that upon reviewing the arrest report, they have decided not to file criminal charges against Kerry because of insufficient evidence.

According to a report from TMZ.com, at the time of her arrest, Kerry’s blood-alcohol content was only 0.06. The legal limit is 0.08.

Colonial Williamsburg Employee To Begin 12 Month Sentence For DUI Crash On Christmas Eve

Bob@BobBattleLaw.com (Blog Author)22522 — Fri, 27 Nov 2009 08:00:00 EST

Last year, 72-year-old Chadd’s Ford, Pennsylvania resident Irene Carson spent Christmas Day at the Medical College of Virginia suffering from the injuries she received when a man who was driving under the influence struck her in Colonial Williamsburg the previous night.

This Christmas, the man who put Carson in the hospital with multiple skull fractures, Mark Schneider, will spend the day in jail, along with many more after that.

On November 24, Williamsburg-James City County Circuit Court Judge Samuel Powell sentenced Schneider, a Colonial Williamsburg employee, to 12 months in prison, to be served on weekends, on a misdemeanor DUI charge. He will also be required to pay a $500 fine, court costs, and $17,387 in restitution and medical expenses.

Powell deferred a felony maiming by DUI charge until December 2010, when he could dismiss, downgrade, or sentence Schneider on that charge.

Before handing down the sentence, Powell reminded Schneider that his actions had forever changed Carson’s life. According to Powell, Carson is likely to never fully recover from the injuries she suffered.

Carson was crossing Francis Street in the historic area on December 24 when she was struck by a speeding vehicle driven by Schneider. His blood-alcohol content was 0.19, more than twice the legal limit of 0.08.

That is why Powell selected Christmas Eve as the date for Schneider to first report to the Virginia Peninsula Regional Jail to begin his sentence.

Senator Lugar's Wife Arrested For DUI In Fairfax County

Bob@BobBattleLaw.com (Blog Author)22521 — Fri, 27 Nov 2009 08:00:00 EST

On November 25, the wife of Senator Richard G. Lugar (R-Indiana) was arrested for driving under the influence and hit-and-run after she crashed into a parked car, according to Fairfax County police.

Shortly after 6:30 p.m., an officer noticed smoke coming from the car driven by 77-year-old Charlene S. Lugar and saw damage to the front end as she traveled along Old Dominion Drive and pulled her over, according to Officer Bud Walker. Upon stopping her, the officer “developed probable cause that she was intoxicated” and arrested her. Her alleged blood-alcohol content was not released.

According to Walker, the officer investigated the damage to the front end of the vehicle and determined that she had struck a vehicle on Churchhill Road in McLean, not far from where she was stopped.

Lugar was taken to Fairfax jail, where she was given a breathalyzer test and taken into custody. According to Fairfax Sheriff’s Lt. Sonny Cachuela, she was released several hours later.

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

Bob@BobBattleLaw.com (Blog Author)22520 — Fri, 27 Nov 2009 08:00:00 EST

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.

Man Charged With DUI After Intentionally Ramming Hot Dog Vendor's Van

Bob@BobBattleLaw.com (Blog Author)22519 — Fri, 27 Nov 2009 08:00:00 EST

A man has been charged with driving under the influence, among other charges, after a Cary, N.C. hot dog vendor says the man intentionally crashed into his van twice on the morning of November 25 after he refused to sell the man a hot dog and drink for $1.

According to police, 23-year-old Rolesville, N.C. resident David Lance had been drinking before leaving Pure Gold, a strip club, around 2 .am. and attempted to order food at Fady Awad’s stand outside the club.

Kelbaugh said he had $1 and wanted a hot dog and drink, according to police. Awad said he politely informed him he could not do that.

Kelbaugh then yelled at Awad before entering his car, ramming the vendor’s van, and running into a brick column, according to Awad. He then pulled into reverse and struck Awad’s van a second time.

Police say Awad suffered injuries to his back in the collision. He received treatment at a nearby hospital and was released several hours later.

Kelbaugh was stopped by police a short time later. They arrested him on charges of assault with a deadly weapon, DUI, hit-and-run, injury to personal property, and injury to real property. He has been released on $6,000 bond.

MADD Names Virginia Beach Prosecutor Top DUI Prosecutor In U.S.

Bob@BobBattleLaw.com (Blog Author)22518 — Fri, 27 Nov 2009 08:00:00 EST

Mothers against drunk driving (MADD) recently named a prosecutor from Virginia Beach as the top DUI prosecutor in the U.S.

After beating out hundreds of other prosecutors across the nation, Charisse Black tearfully accepted the award.

Virginia’s MADD leadership nominated Black due to her aggressive prosecutions of drunk drivers, particularly one who injured a Virginia Beach police officer.

According to the commonwealth’s attorney, Black excels at DUI prosecution, despite ever-changing DUI laws and loopholes.

Black says the legal challenge of staying on top of said changes keeps her motivated.

Part of the presentation brought tears to Black’s eyes because it was personal. Kaye Walsh, the woman who nominated her, lost her daughter to a drunk driver. Walsh gave Black a pair of her daughter’s earrings as a thank you.

Former NC State Trooper Dismissed For DUI Arrested For Another DUI

Bob@BobBattleLaw.com (Blog Author)21872 — Tue, 17 Nov 2009 08:00:00 EST

A former North Carolina State Trooper is once against in trouble after being arrested on November 15 for driving under the influence.

John C. Fogg was arrested by police in Garner, N.C. at approximately 1:30 a.m. In addition to the DUI, he was also cited for impersonating an officer and driving without a license.

Fogg was charged with another DUI back in June after a collision involving his personal car and another vehicle on the Durham freeway. At that time, his blood-alcohol content was 0.17 percent, more than twice the legal limit of 0.08.

An internal investigation followed his June arrest, resulting in Fogg being released from the NCHP.

Driver Charged With Reckless Driving In Crash That Injured State Trooper

Bob@BobBattleLaw.com (Blog Author)21871 — Tue, 17 Nov 2009 08:00:00 EST

A Virginia State Trooper was injured on November 9 after his patrol vehicle was struck by a car during an early morning traffic stop received helicopter transport to VCU Medical Center. The driver was charged with reckless driving.

Shortly after midnight on the day of the crash, Trooper Steven P. Scalfini and a 2005 Chrysler Sebring that he had pulled over were struck by a 2006 Chevrolet Impala.

According to State Police spokesman Sgt. Thomas Molnar, Scalfini’s injuries were not life-threatening. Two others were injured in the crash and received ambulance transport to the hospital. Their injuries were also non-life-threatening.

The driver of the Impala, 47-year-old Henrico County resident Mario Davis, was charged with reckless driving for failure to move over under a state law requiring drivers on the lane closest to an emergency response to either slow down or change lanes, if it is safe to do so, according to Molnar.

Virginia Beach Officer Who Arrested Bruce Smith For DUI Serves 5-Day Sentence For Own DUI

Bob@BobBattleLaw.com (Blog Author)21870 — Tue, 17 Nov 2009 08:00:00 EST

On November 9, Virginia Beach Police Officer Bryan K. Womble began his five-day sentence for driving under the influence and hit-and-run, according to the jail log.

On September 21, Womble was convicted and sentenced by a General District Court judge. Court records say his attorney immediately appealed the sentence, but has since dropped the case.

According to police spokesman Officer Adam Bernstein, the Police Department can now move forward on its administrative investigation, which will determine Womble’s status in the department.

Since his June 20 arrest, Womble has been on administrative duty.

The 37-year-old officer was part of the department’s Traffic Enforcement Team, which specializes in enforcing drunken-driving laws. He was the officer who arrested retired NFL star Bruce Smith for DUI on May 15.

In addition to the prison sentence, Womble’s driver’s license was suspended for a year and he was ordered to pay a $500 fine, attend alcohol safety awareness classes, and use an ignition interlock device for six months.

On the night of Womble’s arrest, he was involved in a crash with another vehicle. His blood-alcohol content was 0.15 percent, nearly twice the legal limit of 0.08.

PA Hospitals To Stop Doing Blood Analysis In DUI Cases

Bob@BobBattleLaw.com (Blog Author)21869 — Tue, 17 Nov 2009 08:00:00 EST

According to a report in the Gettysburg Times on November 11, WellSpan affiliated hospitals in Adams and York Counties in Pennsylvania have either discontinued conducting blood alcohol content (BAC) tests for police, or will be discontinuing them, meaning that police will have to seek testing elsewhere.

One department, the Carroll Valley Borough Police Department, sought the services of a laboratory in Willow Grove, Pennsylvania, which is over 113 miles away, to conduct BAC testing for the township police.

According to police, Gettysburg Hospital will continue drawing blood samples, but will not test them. The blood would be placed in test kits to enable police to send the samples to another laboratory, probably through Fed-Ex.

On November 11, WellSpan Office of Health Public Relations & Communication at Gettysburg Hospital Manager William Lavery confirmed that the hospital was discontinuing the service, but that the hospital would continue drawing the blood.

According to Lavery, there were two fundamental reasons for the decision. The first reason concerns accreditation of the hospital’s lab and the second relates to increasing demands on the lab.

Lavery said that, regarding accreditation, the lab isn’t able to meet a new testing regulation the College of American Pathologists, which is their primary accreditation agency, introduced.

Lavery also said the legal system, DUI defense attorneys in particular, are demanding more and more from labs conduction BAC testing, which is increasingly draining their resources.

Lavery said that DUI defense attorneys have subjected the hospital’s lab to more and more strenuous expectations, including responding to subpoenas the hospital is unable to respond to.

Lavery said the transition away from local law enforcement using hospital testing services has been considered for the past couple of years and that the majority of area hospitals in south central Pennsylvania have already stopped DUI testing.

Virginia State Police Stepping Up HOV Violation Enforcement

Bob@BobBattleLaw.com (Blog Author)21260 — Thu, 05 Nov 2009 08:00:00 EST

Virginia State Police are stepping up enforcement of HOV rules and catching a lot of violators in the process.

On one morning in October alone, police issued 89 citations in a three hour period along Interstate 95 and Interstate 395. Those violations include two second offenses and one incident of driving under the influence.

Between July 26 and September 12, a total of 2,200 summonses were issued by officers focusing on HOV enforcement in northern Virginia. In 2008, a total of 18,269 summonses were issued by police in northern Virginia for HOV violations.

According to police, the large-scale enforcement efforts will continue. A first offense results in a $125 fine. With each subsequent offense, the fine doubles up to $1,000 for the fourth violation.

Police Chief Who Resigned After DUI Creates PSA

Bob@BobBattleLaw.com (Blog Author)21259 — Thu, 05 Nov 2009 08:00:00 EST

Following his arrest for driving under the influence, former Virginia Police Chief David P. Baker has released a public service announcement in hopes of deterring others from repeating his mistakes.

At the time of Baker’s arrest, he had been involved in a fender bender in Arlington County while driving an unmarked car owned by the city. The incident caused his otherwise notable career to be cut short. He now urges others to think twice before doing the same thing he did.

In the wake of his arrest, Baker resigned from his position as chief of police. He now spends time discussing the incident with other officers and even inmates in an attempt to turn a bad situation into a positive outcome.

The brief PSA video, issued by Checkpoint Strikeforce, can be seen on YouTube. The video, entitled “Even a Police Officer” describes Baker’s embarrassment during his fall from grace.

Portsmouth Man Arrested For Reckless Driving, Other Charges, After Dragging Cop Alongside Vehicle

Bob@BobBattleLaw.com (Blog Author)21258 — Thu, 05 Nov 2009 08:00:00 EST

A man from Portsmouth was arrested on November 3 on several charges, including reckless driving, in relation to a Virginia Beach traffic stop during which police claim he dragged the officer alongside his car as he attempted to flee the scene.

According to police, 30-year-old Christopher Dennis was found at the Greyhound Bus station in Norfolk, where he was attempting to flee Richmond with his wife and child, both of whom police say were also in the vehicle at the time of the incident.

Police charged Dennis with felony assault of a law enforcement officer, felony child endangerment, resisting arrest, and reckless driving.

According to police spokeswoman Margie Hobbs, shortly before noon on November 3, Dennis was pulled over on Euclid Road. When the officer checked his identification, he learned Dennis had warrants issued for his arrest in Virginia Beach for grand larceny, attempted grand larceny, and two counts of conspiracy to commit grand larceny. Hobbs said the officer asked Dennis to exit the vehicle, but instead he drove away. The officer attempted to stop him, but was dragged several feet alongside the car.

The officer received treatment at a local hospital for cuts, bruises, and other injuries not believed to be life-threatening.

At the time of Dennis’ arrest, the warrants related to grand larceny were also served.

Richmond City Councilman Martin Jewell Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)20733 — Thu, 29 Oct 2009 08:00:00 EST

On October 23, Richmond City Councilman E. Martin Jewell was arrested on a charge of driving under the influence, according to Richmond Police.

Jewell’s arrest, which took place at approximately 1:30 a.m., is the most recent of a few months of problems for the 5th District representative. Since being elected in 2004, Jewel had enjoyed a mostly scandal-free career. But that came to an end with his nephew being charged in a shooting on the Virginia Union University campus. No one died, but one student was injured. His nephew’s arrest has since been a fixture in political discussion around him.

No details about Jewell’s arrest were released, but he was released on $500 bond, which likely means it was a misdemeanor charge.

When Jewell was arrested, he was within a mile of his home.

Man Arrested For DUI On Motorized La-Z-Boy Pleads Guilty

Bob@BobBattleLaw.com (Blog Author)20732 — Thu, 29 Oct 2009 08:00:00 EST

A man from Minnesota who was arrested in 2008 for driving under the influence on a motorized La-Z-Boy lounge chair recently pleaded guilty to the DUI charge.

On August 31, 2008, 62-year-old Dennis Anderson was arrested after his chair collided with a parked car, according to the police report. His blood was tested, revealing his blood-alcohol content to have been 0.29 percent, more than three times the legal limit of 0.08 percent.

The customized vehicle is powered by an 8-horsepower Kohler lawnmower engine. It has a stereo, headlights, and a built-in cup holder. Anderson even decorated it with a “Hell Yeah It’s Fast” bumper sticker. However, what the vehicle didn’t have was a seat belt.

The motorized chair was controlled by a steering wheel that protruded from its seat cushion. The headrest bore the logo of the National Hot Rod Association.

After Anderson pleaded guilty to the DUI charge, he was ordered to serve 180 days in prison and pay a $2,000 fine. His jail term was stayed in lieu of his successful completion of a two-year supervised probation term.

The chair is to be sold via police auction.

Mother Involved In DUI Crash With Seven Young Girls Pleads Not Guilty

Bob@BobBattleLaw.com (Blog Author)20731 — Thu, 29 Oct 2009 08:00:00 EST

Carmen Huertas, the mother at the center of the now infamous New York DUI crash that involved seven young girls, has pleaded not guilty to the charges she is facing.

Huertas is facing a total of 14 charges, including one count of manslaughter for the death of an 11-year-old girl who was a passenger in her vehicle when the crash occurred.

On the day of the incident, the group was en route from a party in Chelsea to a sleepover in the Bronx when Huertas lost control of the station wagon she was driving.

Several members of Huertas’ family were present for her arraignment in the New York state Supreme Court. Huertas herself was not in attendance as she is being held at Elmhurst Hospital. According to officials, she remains there due to being considered a threat to herself and she needs to remain on suicide watch.

Huertas’ bond has been set at $250,000, which her family is not expecting to be able to pay anytime soon, meaning that she will continue to be detained until December 1, her next scheduled appearance in court.

If Huertas is convicted, she faces a sentence of up to 15 years in prison. After the crash, her blood-alcohol content registered well above the legal limit of 0.08. The girls in the vehicle at the time of the crash have served as witnesses against her, in addition to several adult members of the part she had just left.

One of the men at said party may face charges as well if it can be proven that he knew Huertas was intoxicated. According to some reports, the father of one of Huertas’ children removed the child from the car because he believed she was too drunk to drive.

Buccaneers Offensive Lineman Marcus Johnson Arrested For DUI, Released From Team

Bob@BobBattleLaw.com (Blog Author)20730 — Thu, 29 Oct 2009 08:00:00 EST

Marcus Johnson, an offensive lineman for the Tampa Bay Buccaneers, has been released from the team following his arrest for driving under the influence.

According to a Tampa police lieutenant, he discovered Johnson on October 27, sleeping in a car near Raymond James Stadium, where the Bucs play.

The lieutenant then woke the 27-year-old lineman. A DUI investigator reportedly smelled alcohol on Johnson’s breath and police say that his eyes were glassy and when he stoop up without support, he swayed.

Police arrested Johnson, who was released after posting $500 bail.

The team announced his dismissal later that day.

Reality Star Stephanie Pratt Formally Charged With DUI

Bob@BobBattleLaw.com (Blog Author)20729 — Thu, 29 Oct 2009 08:00:00 EST

Reality TV star Stephanie Pratt has been formally charged with driving under the influence after she was arrested on suspicion of DUI earlier in October.

On October 18, Pratt, who appears on the popular MTV show The Hills, was stopped in Hollywood by police. She was given a breathalyzer test, which she failed, and was subsequently arrested.

According to a report from TMZ.com, Pratt’s blood-alcohol content registered at 0.09 percent, just above the legal limit of 0.08.

Pratt says she promises to take “full responsibility” for her actions. Formal charges were filed against her on October 28.

U.S. Supreme Court Upholds Virginia Supreme Court Ban On DUI Stops Based On Callers' Tips

Bob@BobBattleLaw.com (Blog Author)20331 — Wed, 21 Oct 2009 08:00:00 EST

On October 20, the Supreme Court cast some doubt on the legal authority of police to stop drivers suspected of driving under the influence based only on a tip from an anonymous caller.

Chief Justice John G. Roberts Jr. strongly dissented, but the high court allowed a ruling by the Virginia Supreme Court to stand that maintained that police may follow a suspected drunk driver’s vehicle, but may not pull the suspect over until the officer witnesses suspicious activity, such as swerving in a lane.

In his dissent, Roberts noted that hotlines and other services encourage members of the public to report suspected drunk drivers.

The action of the Supreme Court is not a formal ruling; therefore it does not require other states to follow the Virginia Supreme Court ruling. However, the case will likely spawn more legal challenges to police stops solely relying on tips from callers.

The ruling freed Richmond resident Joseph Harris, who was arrested after his green Nissan Altima was reported heading south on Meadowbridge Road. The caller included a partial license plate and his name.

After police stopped Harris, he stumbled out of his vehicle and was noticeably intoxicated as the officer tried to question him. However, the Virginia Supreme Court ruled it an “unreasonable search” to stop and question a driver solely based on a caller’s tip.

Most state courts, including California and Illinois, have upheld the searches based on anonymous tips, provided the vehicle matches the description provided.

Actor Thomas Dekker Involved In DUI Collision With Teen On Bike

Bob@BobBattleLaw.com (Blog Author)20330 — Wed, 21 Oct 2009 08:00:00 EST

According to a police report, actor Thomas Decker was arrested for driving under the influence in North Hollywood on October 14 after striking a 17-year-old boy who was attempting to ride his bike past a freeway on-ramp.

The report says that California Highway Patrol officers at the scene say they saw the #2 lane on the on-ramp blocked by a collision that involved a silver Toyota Matrix and a bicycle.

According to the report, the boy was ejected from his bike and fell onto the street. Police say he received hospital transport for minor injuries.

At the time, police believed Decker had been consuming alcohol and arrested him on a charged of DUI resulting in injury to a party involved in a traffic collision.

Police arrested Dekker and took him to Van Nuys jail, where he was released the following morning after posting $100,000 bail.

Police Say Two Officer Assaulted By DUI Suspect

Bob@BobBattleLaw.com (Blog Author)20329 — Wed, 21 Oct 2009 08:00:00 EST

According to police in Virginia Beach, two officers were injured during a scuffle with a man suspected of driving under the influence on October 17.

Investigators said that 21-year-old Reginald Davis was arrested at approximately 2 a.m. on Virginia Beach Boulevard. He was then transported to the magistrate’s office.

Police said that the magistrate’s office was where Davis began to fight with officers and possibly broke one’s nose.

Davis is faced with multiple charges including DUI, driving on a suspended license, driving without registration, and assault.

Stanford Study Says Students Not Majority Of Campus DUIs

Bob@BobBattleLaw.com (Blog Author)20328 — Wed, 21 Oct 2009 08:00:00 EST

The results of a study of on-campus DUI arrests conducted by the Stanford Department of Public Safety were released. The results show that students do not make up the most dangerous group of drivers.

According to the study, out of 31 Stanford campus DUI arrests in 2008, only seven of the drivers were actually students at the university. However, in 2009, 20 of the 49 DUI incidents involved student. The increase could be due, at least in part, to increased enforcement efforts.

Some have also speculated that dangerous behaviors increase in a down economy. However, despite the recent increase, the study has found that students have not made up a significant portion of campus DUI arrests since the study’s commencement in the late 90s. The findings are consistent with those of other studies across the country that point to lower occurrences of DUI among young people in the past few decades.

College aged students have been long believed to be the drivers most at-risk for DUIs, but more students die from alcohol poisoning each year than due to DUI traffic accidents.

Police Say Man Arrested For DUI Left Girlfriend Trapped In Vehicle

Bob@BobBattleLaw.com (Blog Author)19752 — Thu, 08 Oct 2009 08:00:00 EST

According to police in Virginia Beach, a man crashed while driving under the influence and then left his girlfriend trapped inside the vehicle, in waist-deep water.

Police say that at approximately 2:30 a.m. on October 2, the vehicle ran off the road and ended up in a ditch on Sandbridge Road.

Crews took more than an hour to extract the woman from the vehicle. She received air transport to Sentara Norfolk General Hospital with injuries not considered to be life-threatening.

The driver, 23-year-old Michael Walck, has been charged with DUI and felony hit-and-run.

Williamsburg Man Pleads Guilty To Christmas Eve DUI Collision

Bob@BobBattleLaw.com (Blog Author)19751 — Thu, 08 Oct 2009 08:00:00 EST

A man from Williamsburg pleaded guilty to charges stemming from an incident that took place on Christmas Eve in which he struck a 71-year-old woman while his car while driving under the influence.

On December 24, Chadd’s Ford, Pennsylvania resident Irene Carson was attempting to cross Francis Street in downtown Williamsburg when she was struck by a vehicle driven by 39-year-old Mark Francis Schneider.

Schneider was later arrested on charges of DUI and reckless driving. His blood-alcohol content was discovered to have been between 0.15 percent and 0.20 percent, well above Virginia’s legal limit of 0.08 percent, according to court records.

A separate charge of assault and maiming while driving under the influence of alcohol was handed down by a grand jury in July.

When Schneider appeared in Williamsburg-James City County Circuit Court on October 1, the charge of reckless driving was dropped by the prosecution. He pleaded guilty to the charges of felony assault and misdemeanor DUI. Court records say that the DUI was a misdemeanor because it was his first offense.

Carson, who was visiting Virginia for the holiday at the time of the accident, received helicopter transport to the Medical College of Virginia in Richmond with injuries that were considered to be life-threatening, according to Williamsburg Police Maj. Susan G. Geary. She was later transferred to a hospital in Pennsylvania.

Schneider’s sentencing is scheduled for November 24.

Police Officer Accused Of False DUI Arrests Placed On Administrative Leave

Bob@BobBattleLaw.com (Blog Author)19750 — Thu, 08 Oct 2009 08:00:00 EST

A police officer from Chicago who has been accused of making false arrests for DUI has been placed on administrative leave.

According to a spokesperson for the Chicago Police Department, Officer Richard Fiorito has been placed on desk duty, pending an investigation by Internal Affairs.

A federal civil rights lawsuit has been filed against Fiorito by a total of 21 people.

Several plaintiffs allege that they were targeted by Fiorito as they were leaving bars in the city’s Boystown neighborhood.

According to a report from Chicago’s ABC7, the Cook County state’s attorney is conducting his own investigation into Fiorito.

Fiorito’s attorney claims the allegations are false.

Grandson Of NASCAR Founder Bill France Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)19749 — Thu, 08 Oct 2009 08:00:00 EST

J.C. France, whose grandfather is NASCAR founder Bill France, was arrested on October 8 in Daytona Beach on charges of driving under the influence and possession of narcotics, according to a police report.

France was released from Volusia County jail later that day after posting $4,500 bond.

On the day of his arrest, the 2007 green Lamborghini France, 43, was driving was stopped shortly after midnight. Authorities believe that he had been racing with 40-year-old Russell Van Richmond, his half-brother. France ran a red light and swerved on the roadway before stopping in a parking lot.

Reportedly, Richmond, who was driving a 2003 Porsche, threatened the arresting officer, saying “This is a mistake for you. I’m a France, we own this city.”

When authorities continued the investigation, Richmond called for their commanding officers, telling them, “You’re done. Your job is over. This is the biggest mistake ever.”

During a search conducted during the stop, authorities discovered containers with “a white cake-like substance,” which gave presumptive positive reactions for cocaine when tested.

Richmond is facing two counts of unlawful possession of a controlled substance, DUI, and two counts of threatening a police officer. He was released after posting $10,500 bond.

France is the son of NASCAR board member Jim France and drives in NASCAR’s Grand-Am Series. Richmond is the son of Jim France’s ex-wife. According to a police report, the two share a Daytona Beach home.

According to NASCAR spokesman Ramsey Poston, France has been suspended indefinitely from all competition and the suspension is not appealable.

Son Of Actor Nick Nolte Arrested On Suspicion Of DUI

Bob@BobBattleLaw.com (Blog Author)19748 — Thu, 08 Oct 2009 08:00:00 EST

Brawley Nolte, whose father is actor Nick Nolte, has been arrested in Santa Monica, California on suspicion of driving under the influence, according to police.

The Santa Monica Police Department said that Nolte was arrested on October 8 after striking another vehicle while making a lane change.

Field sobriety tests were administered, which Nolte failed. He was then taken into custody.

Police did not name the controlled substance Nolte has been accused of taking.

As a child, Nolte was in the film “Ransom,” where he played the kidnapped son of Mel Gibson’s character.

Virginia Beach DUI Officer Appeals DUI Conviction

Bob@BobBattleLaw.com (Blog Author)19192 — Tue, 29 Sep 2009 08:00:00 EST

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.

Orioles Minor Leaguer And Former UVA Player Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)19191 — Tue, 29 Sep 2009 08:00:00 EST

A minor league pitcher in the Baltimore Orioles organization and former player for the University of Virginia has been charged with driving under the influence, according to the Martin County, Florida Sheriff’s Office.

Police arrested 23-year-old Ryan Ouellette after he crashed his pickup truck into a guardrail.

The arrest affidavit says that Ouellette told the deputy who responded to the scene that his tire blew out, causing him to run off the road and collide with the guardrail. However, the deputy said Ouellette’s eyes were bloodshot and his speech was slurred.

According to the affidavit, Ouellette was given a field sobriety test, which he failed, and was arrested.

Ouellette attended Martin County High School before going to college, where he played baseball at Indian River Community College and the University of Virginia. In 2006, he was drafted in round 13 of the Major League Baseball First-Year Player Draft by the Orioles.

Man Arrested On Rare "Risking Catastrophe" Charge After DUI In Penn State Tailgate Area

Bob@BobBattleLaw.com (Blog Author)19190 — Tue, 29 Sep 2009 08:00:00 EST

A 44-year-old man from Virginia faces a charge of felony “risking catastrophe” after police say he was driving under the influence in a tailgate lot near Penn State’s Beaver Stadium on September 19 and nearly struck several pedestrians, including children.

Penn State University police Sgt. Brian Bittner says it’s not a common charge, but given the condition of the driver, Jeffery M. Chesko, and the conditions around the incident, police decided to charge him with more than just a DUI.

According to police, the incident took place at approximately 2:30 p.m. Police spotted Chesko heading west before turning onto a sidewalk and approaching a grass tailgating area at an approximate speed of 15 mph.

Police say the Chesko’s vehicle didn’t slow down or yield to multiple pedestrians, who had to quickly take evasive action to avoid being hit. They say two young children were pulled out of the vehicles path and the vehicle struck two lawn chairs and ran over a child’s ball.

Upon Chesko’s arrest, police say his speech was slurred and his eyes were bloodshot. He refused field tests or blood tests at the hospital.

Chesko is also facing a charge of misdemeanor reckless endangerment.

Policewoman Arrested On Suspicion of DUI

Bob@BobBattleLaw.com (Blog Author)19189 — Tue, 29 Sep 2009 08:00:00 EST

A policewoman in Alton, Missouri was arrested by Madison County, Missouri authorities on suspicion of driving under the influence after being found sitting alone in her personal vehicle.

The officer has been identified as Jennifer Penney, who has been a member of the department for nearly three years.

According to Sheriff’s Department Captain Brad Wells, deputies received a report of a suspicious vehicle parked on a road, which they responded to at approximately 8:30 a.m.

According to Alton Police Chief David Hayes, Penney has been placed on desk duty for the time being.

Police Considering Drawing Blood From DUI Suspects

Bob@BobBattleLaw.com (Blog Author)18535 — Fri, 18 Sep 2009 08:00:00 EST

The National Highway Traffic Safety Administration may take a cue from several states and begin encouraging police departments to have officer draw blood from drivers suspected of driving under the influence who refuse to submit to a breathalyzer test.

The U.S. Supreme Court ruled in 1966 that police could forcibly administer blood tests on DUI suspects if the test was conducted after an arrest, was carried out properly, and was based on reasonable leads, according to the Associated Press. Police began to regularly implement this practice in 1995 in Arizona.

A deputy prosecutor in Idaho said the intention of the practice of drawing blood is to reduce the number of DUI suspects who bring their cases to court by refusing a breathalyzer test.

Alan Haywood, a law enforcement coordinator in Arizona who currently directs blood test training programs in Idaho and Texas, says that since the program began, the rate of drivers refusing chemical testing has seen a “significant” decline.

However, DUI defense attorneys say that police departments should be concerned that the practice could lead to malpractice cases if a blood test is administered by someone who lacks the proper training.

According to research conducting by Mothers Against Drunk Driving, one DUI arrest is made for every 88 episodes of driving with a blood-alcohol concentration above the legal limit.

Weyers Cave Woman Found At Home After Fleeing From DUI Crash

Bob@BobBattleLaw.com (Blog Author)18534 — Fri, 18 Sep 2009 08:00:00 EST

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.

Former Lions Receiver Charles Rogers Arrested For Suspected DUI

Bob@BobBattleLaw.com (Blog Author)18533 — Fri, 18 Sep 2009 08:00:00 EST

Charles Rogers, former receiver for the Detroit Lions, has been arrested on a charge of driving under the influence.

On September 16, the 28-year-old former football star was arrested after refusing a Breathalyzer test, according to police. The results of a blood test are pending.

The day after his arrest, Rogers was arraigned on charges of operating while intoxicated and operating without a valid license. He was ordered held on $50,000 and had no attorney on record with the court. A partial conference is scheduled for September 21.

Both of the charges are misdemeanors and carry a penalty of up to 93 days in prison and/or a $500 fine each.

Rogers, who was chosen second overall in the 2003 NFL draft, served a 30-day prison sentence, with credit for 15 days, earlier this year rather than staying in an intensive counseling program after violating probation in a domestic violence case.

Authorities say that on the day of his arrest, he was discovered “non-responsive behind the wheel” of a 2003 Mercedes that was still running and still in gear in a left-turn lane.

The police report said that Rogers refused to respond to requests to open the vehicle’s locked doors, requiring fire officials to gain entry through the vehicle’s sunroof.

Rogers has struggled with sobriety in recent years. During the summer, he was interviewed by ESPN’s “Outside The Lines” and spoke of getting clean and turning his life around.

Doctor Charged With DUI, Second-Degree Murder In Fatal Crash

Bob@BobBattleLaw.com (Blog Author)18532 — Fri, 18 Sep 2009 08:00:00 EST

In Raleigh, NC, a doctor is facing a charge of murder in a DUI crash that killed a ballet dancer from Winston-Salem, NC on September 11. According to authorities, he had been drinking during the afternoon prior to the crash.

On September 16, sources told Raleigh’s WRAL News that 40-year-old Dr. Raymond Dwight Cook played golf and drank at the Raleigh Country Club before heading to Piper’s Tavern in north Raleigh before getting behind the wheel.

According to Raleigh police, Cook was traveling at a rate of 90 mph in a 45-mph zone when he struck a vehicle driven by 20-year-old Elena Bright Shapiro from behind.

Authorities would not officially comment about Cook’s actions or whereabouts on the afternoon of the crash and the country club’s chief operating officer, Christian Anastasiadis also would not comment.

The co-owner of Piper’s Tavern, Jimmy Powers, said that Cook was only served two drinks before the decision was made to cut him off and he left the bar at approximately 8:15 p.m. The crash occurred about 15 minutes later.

Cook is facing charges of second-degree murder, DUI, and reckless driving. He was released on $250,000 bond.

Toyota Developing Anti-DUI Gadget

Bob@BobBattleLaw.com (Blog Author)18008 — Mon, 07 Sep 2009 08:00:00 EST

According to Toyota Motor, the company is currently developing anti-drunk driving (DUI) equipment that would lock a vehicle’s ignition if high levels of alcohol are detected in the driver.

The company said the system would feature a hand-held breathalyzer, equipped with a digital camera, which detects alcohol consumption and photographs the driver’s face for identification.

Toyota says that upon a positive test, the system would either warn the driver, or lock the ignition, depending on the level of alcohol detected.

Currently the automaker is conducting tests with affiliate truck maker Hino Motors and plans to install the equipment in selected trucks and other vehicles of fleet customers, including companies and government organizations.

The company says the device would alert fleet administrators if the driver is detected with excessive alcohol levels.

Currently, Nissan Motor is also developing equipment similar to the equipment Toyota is designing. Earlier this year, several U.S. state passed legislation requiring that drivers convicted of DUI install breathalyzer ignition locks in their vehicles.

Virginia Court Of Appeals Overturns DUI Conviction Based On Melendez-Diaz

Bob@BobBattleLaw.com (Blog Author)18007 — Mon, 07 Sep 2009 08:00:00 EST

On September 1, the Virginia Court of Appeals reversed a conviction for driving under the influence, citing Melendez-Diaz v. Massachusetts.

The appellate court’s decision in Grant v. Commonwealth is the first in Virginia since Melendez-Diaz was decided by the U.S. Supreme Court in late June. At the time of the Melendez-Diaz decision, the Grant case was pending and the Court of Appeals asked for supplemental briefs in light of the case.

The Court of Appeals panel found that state law makes testimonial the certificate submitted by the person administering a breath test, even though “there is no constitutional requirement that the factual predicates in Virginia Code Sec. 18.2-268.9 be established prior to the admission of the results of the test.”

In a special session of the legislature called in August to address Melendez-Diaz, the General Assembly attempted in House Bill 5007 to make breathalyzer accuracy a matter of maintenance for the Department of Forensic Science instead of an element of proof in the prosecution’s case.

The appellate court made note that in the case, the Fairfax County Public Defender’s Office had followed the proper procedure outlined by the state Supreme Court in Magruder v. Commonwealth by notifying the prosecution that it wanted the commonwealth to summon the preparer of the certificate for cross examination at the expense of the commonwealth.

However, the prosecution did not summon the preparer, who did not testify, and the defense objected to the certificate’s admission. The trial judge ruled that it had properly been admitted under Code Sec. 19.2-187.1, which requires that the defense subpoena the breath test operator and present him as a witness in the defense case, albeit as an adverse witness and at the prosecution’s expense.

Alleged Drunk Driver Kills Grandmother, 2-Year-Old Boy In Prince William County

Bob@BobBattleLaw.com (Blog Author)18006 — Mon, 07 Sep 2009 08:00:00 EST

Early on the morning of September 4, a woman from Northern Virginia and her grandson died in a crash that Prince William County Police say was caused by a man driving under the influence.

Police have charged 26-year-old Stafford resident William John Mallory with DUI and are holding him without bond.

According to Susie Delgado, she was driving her family home from a vacation in Tennessee when she stopped at a red light on Prince Williams Parkway at University Boulevard at around 1 a.m.

Police said that at that time, the Ford Explorer Mallory was driving collided with Delgado’s vehicle, causing it to go flying off the roadway, cross a field, and land on a boulder.

Delgado said that when she woke after the crash, she found her mother, Rebecca Sacra, and her 2-year-old son, Jonathan, both dead. A 12-year-old nephew was also injured in the crash and remains hospitalized.

Actress Lori Petty Given Five Years Probation For DUI

Bob@BobBattleLaw.com (Blog Author)18005 — Mon, 07 Sep 2009 08:00:00 EST

On September 4, actress Lori Petty pleaded non contest to charges of misdemeanor driving under the influence and was sentenced to five years probation.

The 45-year-old actress issued a written statement afterward “sincerely” apologizing and promising it would be the last time she would be arrested for the charge.

On May 30, Petty was arrested after a skateboarder was struck by a vehicle in the Venice Beach, California area, according to authorities.

Petty has starred in such films as Point Break, Tank Girl, and A League of Their Own.

New Evidence Results In Delay In DUI Manslaughter Trial Of Former Yankee Leyritz

Bob@BobBattleLaw.com (Blog Author)18004 — Mon, 07 Sep 2009 08:00:00 EST

The DUI manslaughter trial of former New York Yankee Jim Leyritz has been postponed due to a videotape which calls the time of the crash into question surfacing.

On September 4, Judge Marc Gold agreed to delay the trial until December or January.

In the video, the victim, 30-year-old Fredia Ann Veitch, is shown driving past a surveillance camera in Fort Lauderdale Florida at 3:08 a.m., which is 10 minutes before the prosecution says the crash took place.

According to Leyritz’s attorney, the new evidence presented by the video, “changes everything.”

According to the prosecution, Leyritz was driving drunk and ran a red light in downtown Fort Lauderdale at about 3:19 a.m. on December 28, 2007, killing Veitch, a mother of two.

Leyritz’s attorney says that if the accident had occurred earlier, the alcohol would have had less time to take effect and Leyritz would have been less drunk than the prosecution claims.

Leyritz’s blood-alcohol content was measured at 0.14 percent, nearly twice the legal limit of 0.08.

Traffic Judge Pleads Guilty To DUI Charges

Bob@BobBattleLaw.com (Blog Author)18003 — Mon, 07 Sep 2009 08:00:00 EST

A judge in Peoria County, Illinois has been ordered to pay a fine of nearly $2,000 after pleading guilty to driving under the influence.

On September 3, Associate Judge Albert Purham Jr. pleaded guilty to charges of DUI and improper lane usage. Police say his blood-alcohol content was measured at more than the legal limit of 0.08 percent after being stopped on June 27.

In addition to the fine 52-year-old Purham paid, his license was suspended for six months and he is required to have a monitoring device installed in his vehicle if he is granted a driving permit before the suspension is lifted.

After being arrested, Purham was removed from his position as a traffic judge in Peoria County and was reassigned to one of the two divorce courts in the county.

Marcus Vick Sentenced To 20 Days For Violating DUI Probation

Bob@BobBattleLaw.com (Blog Author)17742 — Mon, 31 Aug 2009 08:00:00 EST

According to a report from The Virginia Pilot, Marcus Vick, the troubled former Virginia Tech quarterback, was sentenced to 20 days in jail on August 27 after he violated his probation stemming from an offense for driving under the influence.

Vick, who is the younger brother of NFL quarterback Michael Vick, also a troubled former Hokie, was found guilty of DUI, eluding police, and a traffic infraction in October of last year. He was sentence to 12 months in prison, which was suspended under the conditions that he pay a fine, complete an alcohol awareness program, and keep away from drugs and alcohol.

Vick, who was kicked off of Virginia Tech’s football team before his senior season due to legal trouble, tested positive for marijuana at a screening, failed to appear at multiple appointments with alcohol counselors, failed to appear for multiple urine screenings, and failed to pay his fines until August 27.

Police took Vick into custody after the hearing. His attorney says he plans to file an appeal.

Augusta County Man Sentenced To One Year For DUI Involuntary Manslaughter

Bob@BobBattleLaw.com (Blog Author)17741 — Mon, 31 Aug 2009 08:00:00 EST

On August 27, a man from Augusta County was sentenced to one year in jail after pleading guilty to DUI involuntary manslaughter.

Jason Steidel pleaded guilty to the charge in April.

On December 12, 2007, Steidel was involved in a fatal crash in which Timothy Moran died.

According to police, at the time of the crash, Steidel was driving under the influence and was traveling at a speed of more than 100 miles per hour. He lost control of the vehicle he was driving and it overturned and struck a tree.

Sentencing guidelines for Virginia call for probation. However, due to a life being lost in the crash, the judge determined the guideline to be insufficient.

Virginia And Ignition Locks For Repeat DUI Offenders

Bob@BobBattleLaw.com (Blog Author)17740 — Mon, 31 Aug 2009 08:00:00 EST

In response to deaths and injuries related to drinking and driving, the Virginia General Assembly has enacted tighter laws regarding driving under the influence.

One major change associated with the tighter laws is that repeated offenders are required to have an ignition interlock installed on their vehicle. Specifically, if a driver violates the 10 year no tolerance statute, he or she has to have the device installed after a license suspension. Recently, Virginia decided to extend the no tolerance period to 10 years instead of the original period of five years.

The license suspension for repeat DUI offenders remains at three years. However, in order to regain driving privileges, the driver will have to have the device installed for a six month period. Driving a vehicle without one will make the driver subject to a Class 1 misdemeanor and up to 12 months in jail and more than $2,000 in fines.

These legislation changes have been in effect since January 1, 2009. Virginia is among a growing number of states that require the use of ignition interlock devices. However, each state has implanted the policy in a different manner. Some states, such as California, leave the decision of whether or not a device should be installed up to a judge.

Interlock laws such as these could soon become obsolete as advances are made in GPS and tracking systems in cars. Nissan has already introduced a concept car that detects if a driver is drunk by monitoring his or her pupils and response time.

Ignition interlock devices can be expensive for drivers, totaling nearly $1,500 per year on average.

Legislature Approves Melendez-Diaz Fix

Bob@BobBattleLaw.com (Blog Author)17564 — Thu, 27 Aug 2009 08:00:00 EST

After an afternoon filled with wrangling, legislative conferees finally came to an agreement on a legislative response to Melendez-Diaz v. Massachusetts on August 19.

In June, the U.S. Supreme Court came to a 5-4 decision in that case that prosecutors generally must present the analyst who prepared a report unless the defendant has been given notice of the prosecution’s intent to rely on the report and waives the technician’s appearance.

Prosecutors, legislators, and Department of Forensic Science officials expressed fears that drug case prosecution would grind to a halt if the General Assembly did not make changes.

Two major components of the House Bill 5007 and Senate Bill 5003 fixes were agreed upon quickly.

One of those components set up a “notice and demand” procedure cited approvingly in Melendez-Diaz. Under that system, a defendant would be notified by the prosecution of their intent to use a sworn statement by the analyst instead of requiring that the analyst appear in court to testify. The defendant can then either demand that the analyst appear and be subject to cross examination.

The other component extends Virginia’s speedy trial requirements by 90 days if a defendant is locked up and 180 days if he is on bond to allow the prosecution to ensure that a technician will be available to testify. Currently, a case is generally required by state law to go to trial within five months of a determination of probable cause if a defendant is locked up and nine months if he is free.

The more difficult issue was determining how to excuse the three technicians who inspect and maintain the state’s breathalyzers from any requirement that they have to testify.

The legislation’s attempt to do so would eliminate admission of the certification of the reliability of the machine from an element of the prosecution’s proof and making the reliability a matter of maintenance for the Department of Forensic Science.

The snap occurred when some members of the Senate Courts of Justice insisted that the legislation still show that the prosecution still had the burden of proof on reliability, but their counterparts in the House insisted that such a provision would still require live testimony from the technician. The final bill reflects the view of the House.

Nuggets' Balkman Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)17563 — Thu, 27 Aug 2009 08:00:00 EST

On August 22, Renaldo Balkman, reserve forward for the Denver Nuggets, was arrested in Florida on suspicion of driving under the influence.

According to a police report from the Hillsborough County, Florida Sheriff’s Office, the 25-year-old basketballer was arrested by police from Temple Terrace, Florida at approximately 4 a.m. after refusing to submit to a blood-alcohol test.

Balkman posted $500 bond and was released.

Mark Warkentien, an executive for the Nuggets, said that the team was aware of the arrest but would not comment further “out of respect for the legal process.”

Balkman, who has only been with the team for one season, averaged 5.0 points and 3.8 rebounds last season.

DUI Numbers Show Increase Among Women

Bob@BobBattleLaw.com (Blog Author)16974 — Sun, 16 Aug 2009 08:00:00 EST

Drivers are regularly stopped by officers who ask them if they’ve been drinking. Some of those drivers are asked to take sobriety tests. And some of those drivers are arrested for driving under the influence.

According to law enforcement officers across the U.S., they are beginning to notice a new trend: a growing number of women are being arrested for DUI.

According to a wave of new studies, there has been a surge in alcohol abuse among women. Government statistics show that 39 percent of young women now engage in binge drinking, which is a 30 percent increase since 1979.

Despite groups such as Mothers Against Drunk Driving, more women who drink are getting behind the wheel.

Researchers say that even though statistics still show that men drink more than women and are responsible for more DUI cases, the difference is shrinking. In 2007, the number of women arrested for driving under the influence of alcohol or drugs was 28.8 percent higher than in 1998. The number of men arrested in 2007 was 7.5 percent lower than in 1998, according to FBI figures that cover about 56 percent of the U.S.

Singer George Michael Arrested On Suspicion Of DUI

Bob@BobBattleLaw.com (Blog Author)16973 — Sun, 16 Aug 2009 08:00:00 EST

Only two months after he got his driver’s license back, singer George Michael was arrested early on the morning of August 15 on suspicion of driving under the influence.

The singer was held for nearly five hours at a police station in Berkshire, a London suburb, after he rear-ended a truck with his Range Rover.

Laurie Rowe, the driver of the truck hit by Michael’s vehicle, said that the collision was so forceful that “I knocked my rear axle two feet up in the air.”

Rowe noted that Michael seemed “totally dazed” at attempted to climb into the cab of her truck, saying he was concerned he’d go to jail.

Michael was arrested in 2006 after being discovered behind the wheel of a parked Mercedes while intoxicated. He later admitted he’d been abusing prescription drugs and was not fit to drive. His license was revoked and he pleaded down to 100 hours of community service.

Michael’s official spokesman called the arrest “rubbish,” but would not further comment on the situation.

Driver Charged With Reckless Driver After Hitting Worker On U.S. 29

Bob@BobBattleLaw.com (Blog Author)16972 — Sun, 16 Aug 2009 08:00:00 EST

According to Sgt. C.W. Owen of the Virginia State Police, Hurt resident James Wainwright has been charged with reckless driving after striking a contract worker with his vehicle on U.S. 29 at approximately 11:45 a.m. on August 10.

On the day of the incident, Wainwright was driving in a Chevy Lumina when he went off the right side of U.S. 29, collided with a guardrail, and struck the worker, a resident of Winterville, North Carolina. The man was picking up trash where his business was mowing.

Wainwright’s vehicle also collided with a pickup truck along the shoulder of the highway and pushed it into the guardrail.

The victim received air transport to Lynchburg General Hospital after the crash.

Former Alexandria Police Chief Baker Pleads Guilty To DUI

Bob@BobBattleLaw.com (Blog Author)16971 — Sun, 16 Aug 2009 08:00:00 EST

David P. Baker, the former Alexandria police chief who resigned after being charged with driving under the influence, pleaded guilty to the DUI charge on August 14 and is expected to turn himself in to the Arlington County jail to serve a five-day sentence.

Baker’s plea before Arlington General District Court Judge Dorothy H. Clarke was in relation to his DUI arrest on July 25 after his city-issued Ford Explorer was involved in a collision with another vehicle in Arlington County. He then failed a series of sobriety tests.

According to Arlington records, Baker’s blood-alcohol content was measured to be 0.19 percent, more than twice the legal limit of 0.08.

Three days after his arrest, Baker retired from the Alexandria Police Department, bringing his 40-career to a close. He has not publicly said what he did prior to the crash, but he accepted responsibility for his actions, rather than enduring an internal investigation.

As part of Baker’s plea agreement, he has been sentenced to 180 days in jail and fined $1,500. The judge suspended 175 days of the sentence, meaning Baker will serve the mandatory five-day minimum sentence for driving at such a high level of intoxication. All but $300 of the fine was also suspended, and Baker has been ordered to attend the county’s Alcohol Safety Action Program for DUI offenders. His license was also suspended for a year.

On the same day Baker entered his plea, Arlington police announced the department would be participating in an intensive national campaign against drunken driving that runs from August 21 to September 7 called “Drunk Driving. Over the Limit. Under Arrest.” Police announced that their focus would be drunken driving during high-risk nighttime hours, which is coincidentally when Baker was arrested.

Remote DUI Monitoring Program Finds Success In Loudoun County, Fairfax Could Be Next

Bob@BobBattleLaw.com (Blog Author)16238 — Sun, 02 Aug 2009 08:00:00 EST

Thousands of people are convicted of driving under the influence in Virginia each year, with tax payers footing the bill for them to sit in prison. However, an alcohol monitoring program in Loudoun County has saved more than $1 million.

In May of 2008, the county began to use the Secure Continuous Remote Alcohol Monitoring (SCRAM) system. Since the program was enacted, more than 70 alcohol-related offenders have worn the anklet and according to county officials, the program saves money each day.

According to Ted McDaniel, Director of Loudoun County Community Corrections, the cost to keep an inmate in the local jail is about $160 each day. He says that amount is obviously saved if that person is not in jail.

Currently there are 10 people in Loudoun County wearing SCRAM devices, which is saving the county $1,600 in prison expenses each day the offenders remain sober.

McDaniel says the county spends no money on the system, as the offenders are forced to pay for it themselves.

According to McDaniel, monitoring habitual offenders can typically be difficult due to alcohol leaving the body within 24 ours. SCRAM immediately alerts officials if alcohol is consumed.

The SCRAM bracelet monitors a person’s sweat, much like a breathalyzer. It is constantly worn around the ankle and sends a remote signal to a modem. Each person’s blood-alcohol content is measured by analysts all day, everyday. It also has tamper detection features in order to ensure that offenders don’t remove it.

After seeing the success of the SCRAM program in Loudoun County, officials in Fairfax County are also considering adopting the program. Supervisor Pat Herrity has spoken out in support of the system, but it will be up to the decision of the Chief Justice whether or not courts can order alcohol offenders to wear the SCRAM anklets.

Campbell County Man Cleared Of Child Endangerment Charges In DUI Case

Bob@BobBattleLaw.com (Blog Author)16237 — Sun, 02 Aug 2009 08:00:00 EST

On July 22, a man from Campbell County who was charged with his fourth offense for driving under the influence in January, in addition to driving recklessly 23 mph over the speed limit with his toddler and infant in the back seat, was cleared of child endangerment charges.

Campbell County Deputy R.S. Layne testified in court that 31-year-old Rustburg resident Christopher Shane Litchford was pulled over at approximately 5 p.m. on January 16. He said that in the back of Litchford’s car at the time were his 2-year-old and 3 ½-month-old children.

Litchford was found guilty of his fourth DUI in 10 years and driving on a revoked license in a short bench trial before Judge John Cook.

Cook dismissed two charges of felony child endangerment against Litchford, saying that the DUI alone was not sufficient to show that Litchford had committed a “willful and wanton” act needed to prove he’d endangered his children.

Layne testified that he stopped Litchford after spotting hi driving 58 mph in a 35 mph zone on Lynbrook Road. He said that when Litchford was later given a breath test in Lynchburg, his blood-alcohol content measured to be 0.10 percent, above the legal limit of 0.08 percent.

Layne testified that, other than speeding, he did not see Litchford weaving or driving erratically. He also said that Litchford immediately pulled over after he got behind him. The judge cited this testimony in dismissing the endangerment charges.

Assistant Commonwealth’s Attorney Sally Steel said that this is the second similar DUI child endangerment case within the month of July to be dismissed in Campbell County Circuit Court due to the judge ruling there to have been insufficient evidence to prove the driver had done more than drive drunk with children in the vehicle.

Cook noted that Litchford had been convicted of DUI with children in the car, which carries an enhanced penalty.

Virginia law says that a person convicted of a fourth DUI within a 10 year period is required to serve at least one year in prison and pay a fine of $1,000. An additional five days in jail and minimum fine of $500 are added for drivers convicted of DUI with child passengers.

Cook said that the reckless driving and DUI charges were exclusive in his dismissal of the reckless driving charge.

Former Jaguars Receiver Jimmy Smith Pleads No Contest To DUI

Bob@BobBattleLaw.com (Blog Author)16236 — Sun, 02 Aug 2009 08:00:00 EST

On July 29, Jimmy Smith, former wide receiver for the Jacksonville Jaguars, pleaded no contest to three charges stemming from an arrest for driving under the influence in August 2008.

Smith was sentenced to 12 months probation, 50 hours of community service, and payment of $1,100 in fines and court costs.

The judge told Smith that he wanted his community service time spent speaking with children and youth groups, instructions Smith said he plans to follow.

“Addiction is a disease. I am going to be the one who beats it,” said Smith, who has spent 90 days in a Houston, Texas rehabilitation center.

Smith pleaded no contest to charges of DUI, possession of marijuana, and possession of drug paraphernalia that came about from an arrest on August 28, when he tried to drive around a DUI checkpoint.

The judge found Smith guilty of DUI, but withheld adjudication on the other charges.

Smith was also ordered to enroll in a DUI school and participate in a victim impact panel. His license was suspended for 180 days and he was ordered not to consume alcohol or use any drugs.

The judge modified the standard community service sentence and asked that Smith speak with school children and youth groups. He runs Jimmy Smith Athletics, which is an organization that mentors to youngsters and teaches them football and basketball fundamentals.

In 2005, Smith retired from football after leading Jacksonville with 70 catches for 1,023 yards and six touchdowns. He ranks among the NFL’s all-time leading receivers with 862 catches for 12,287.

Smith still faces felony charges of possession of cocaine, marijuana, and drug paraphernalia and driving on a suspended license from an April arrest. His attorney said that the state had made him an offer on those charges, which he would decide on before his next appearance in court.

Former Warrant Frontman Jani Lane Pleads No Contest To DUI

Bob@BobBattleLaw.com (Blog Author)16235 — Sun, 02 Aug 2009 08:00:00 EST

Jani Lane, the former front man for the band Warrant will be heading to jail after pleading no contest to driving under the influence in Hollywood.

After pleading no contest to one count of misdemeanor DUI from a June incident in which he collided with a parked car, Lane will spend two mandatory days in jail.

As part of the plea deal Lane and authorities reached, in which a hit-and-run charged was dropped, Lane is to serve 36 months probation, complete three months in alcohol education classes, and report for 30 days of Caltrans road work.

Lane has also agreed to a payment of more than $395 in fines. However, that part of the deal comes with the catch that if he fails to pay the fine, he can opt to serve 13 additional days in jail instead.

Alexandria Police Chief Resigns After Being Charged With DUI

Bob@BobBattleLaw.com (Blog Author)16075 — Wed, 29 Jul 2009 08:00:00 EST

On July 28, Alexandria Police Chief David P. Baker announced his resignation in the wake of his recent charges for driving under the influence.

According to City Manager James K. Hartmann, Baker decided to retire, effective July 31. His duties have been assumed by Deputy Chief Earl Cook.

At approximately 11 p.m. on July 25, Baker, 58, was arrested on a DUI charge while driving a city-issued, unmarked car in Arlington County. According to officials, his blood-alcohol content was measured to be 0.19 percent, more than twice the legal limit of 0.08 percent.

Baker was appointed to the post of Chief in September 2006 and had been with the department since 1991. He also served 20 years with the Metropolitan Police Department in the District.

A pretrial conference for Baker’s case is set to begin August 14.

Virginia Beach Officer Who Charged Bruce Smith Awaits Own DUI Trial

Bob@BobBattleLaw.com (Blog Author)16074 — Wed, 29 Jul 2009 08:00:00 EST

Virginia Beach police officer Bryan Womble, the officer who charged retired NFL star Bruce Smith with driving under the influence, is awaiting his own trial for a DUI charge in addition to a hit-and-run charge, which is set to begin in September.

On June 20, Womble was charged with DUI after the Mitsubishi he was driving collided with another car on Pacific Avenue while he was off-duty, according to court records. Records show that he failed three of the four sobriety tests conducted and his blood-alcohol content was measured at 0.15, nearly twice the legal limit of 0.08.

Womble’s case was continued on the morning of July 27 when his attorney told a judge that he required more time to examine the evidence.

Since Womble’s arrest, he has been placed on administrative duty. When he testified at Smith’s July 9 trial, he was wearing a dark suit rather than his police uniform.

Smith, who was convicted on charges of speeding, DUI, and refusal to submit to a breath test, has filed an appeal and a new trial is set to begin in Circuit Court on August 27.

Womble is one of eight police officers in Virginia Beach who specialize in enforcing drunken-driving laws.

Virginia Beach Man Arrested For DUI, Other Charges After Multi-City Chase Ends In Crash

Bob@BobBattleLaw.com (Blog Author)16073 — Wed, 29 Jul 2009 08:00:00 EST

On July 14, police charged a Virginia Beach man with several offenses, including abduction and driving under the influence, after a chase that spanned multiple cities and eventually ended with a crash in Newport News.

After the crash, 43-year-old Danny Jo Hedrick received transport to Riverside Regional Medical Center. As of July 15, he was being held in the Newport News City Jail.

Police charged Hedrick with abduction, firearm use, possession of firearm by a felon, felon habitual offender, felony evading, DUI, and several other offenses, including two separate collisions with Virginia State Police cars, according to Chesapeake police spokeswoman Dorienne Boykin.

Hedrick was the only person to suffer injuries in the chase, which began in Chesapeake and ran through Norfolk, Hampton, and Newport News.

At approximately 11:15 p.m., police spotted a Ford Explorer leaving the parking lot of the Tinee Giant in Chesapeake with a defective tail light. Boykin said that the officer saw the vehicle run over a concrete barrier as it was leaving the parking lot. She said the officer then saw the vehicle run a red light and increase its speed. She said the officer believed the driver to be intoxicated.

An officer was not able to stop the Explorer at the intersection and Old Atlantic Avenue in Chesapeake. The vehicle stopped to allow a 32-year-old man at the intersection of Ohio Street and Chesapeake Driver.

The man who exited the vehicle said that he met Hedrick for the first time when he asked him for a ride from the Tinee Giant, according to Boykin. Police say that at first, Hedrick would not allow the man to get out and pointed a gun at him during his time in the vehicle.

The chase went along Interstates 464, 264, and 64 before Hedrick finally lost control and crashed the Explorer at the Jefferson Avenue exit on I-64 in Newport News.

Fairfax DUI Case Thrown Out Based On Recent Melendez-Diaz Ruling

Bob@BobBattleLaw.com (Blog Author)15827 — Sat, 25 Jul 2009 08:00:00 EST

On July 17, a judge in Fairfax County Circuit Court threw out a breathalyzer certificate in a DUI case based on a precedent set by a June Supreme court ruling that says that prosecutors must make the officer who performed the breath test available for cross-examination.

Judge Jane Marum Roush determined that Diego Machado allegedly had a blood-alcohol content of 0.11, which exceeds the legal limit of 0.08. However, he performed well on the field sobriety tests. She then dismissed the charge against him.

Roush’s ruling seems to be the first such dismissal by a Circuit Court judge in Northern Virginia. It was not a written opinion and is not binding on the lower traffic courts. However, a phalanx of defense attorneys who watched the trial exited the courtroom quietly jubilant and congratulated their colleague, who first tried to use the new ruling on the same morning it was issued. In response, Roush quipped, “You’re going to make me read Justice Scalia before lunch?”

The opinion was written by Justice Antonin Scalia in the recently reviewed Melendez-Diaz v. Massachusetts case. In that case, the court ruled that the Sixth Amendment right for a defendant “to be confronted with the witnesses against him” was not satisfied just by a lab sheet. Scalia said that the lab analyst who determined the white powder in the Melendez case to be cocaine had to testify too.

The ruling also extends to breathalyzer certificates, DNA analyses, and all manner of documents previously used by prosecutors to aid in proving a case against a defendant.

In December, Machado, 29, was charged with his second offense of DUI within the past five years and among his 10 traffic convictions in Virginia since 2001, he has three convictions for reckless driving. In April, he was convicted in Fairfax General District Court and filed an appeal to Circuit Court.

The trial was held in June, but Roush’s ruling was not issued until July 17. Assistant Commonwealth’s Attorney Kathryn A. Pavluchuk noted that the Fairfax officer who performed the breath test was present and available for testimony in June. However, Pavluchuk did not call him and the defense objected to the breathalyzer certificate being admitted after being handed the Melendez-Diaz case, merely two hours after it was issued.

U.S. Supreme Court Rules Technicians Must Testify About Lab Results

Bob@BobBattleLaw.com (Blog Author)15826 — Sat, 25 Jul 2009 08:00:00 EST

Legal experts and prosecutors have expressed concerns over the results of a June ruling by the U.S. Supreme Court requiring that lab analysts appear in court to testify about their tests. The court’s ruling says that lab sheets identifying a substance as a narcotic or breath-test printouts describing someone’s blood-alcohol level are not sufficient evidence and require someone in court to talk about the results.

While prosecutors and judges may not be satisfied with the opinion, written by Justice Antonin Scalia, defense attorneys are happy that the Constitution’s Sixth Amendment, which grants defendants the right “to be confronted with the witnesses against him” is not satisfied by a piece of paper.

Since the ruling, four DUI cases in Fairfax and at least one in Prince William County have been thrown out by judges after defense attorneys used the new ruling to challenge the prosecution’s evidence.

States and counties each handle evidence differently, so potential issues created by the ruling vary widely. However, one of the major complaints about the ruling is similar in many jurisdictions: Crime labs face huge backlogs, which many believe will grow with workers being taken out of labs to appear in court.

Each year, more than 1.5 million samples are analyzed by state and local labs in drug cases, resulting in more than 350,000 felony convictions, according to national statistics.

The percentage of cases going to trial each year could increase if defense attorneys believe bringing lab analysts to court will aid their cases. If the analyst is unable to be there, attorneys could also go to trial in hopes of a dismissal.

The court has agreed to hear a case in Alexandria that could give prosecutors an “escape hatch” from being required to bring lab analysts to court. The court will rule on whether or not Virginia law requires defendants to provide advance notice when they wish for lab analysts to testify is constitutional. However, that ruling will likely not come until 2010, and many attorneys believe Virginia’s law is deficient.

The Supreme Court ruling came about because of a case in which Luis E. Melendez-Diaz allegedly hid cocaine in a Boston police car while he was under arrest. The certificate of analysis, which determined the substance found in the vehicle was cocaine, was entered without the testimony of a technician and with only minor objection.

The ruling was 5-4, and the dissent written by Justice Anthony M. Kennedy predicted disaster. He said that it will disrupt forensic investigations across the U.S. and result in guilty defendants going free.

In the majority of DUI cases in Fairfax, breath-test technicians stationed in the jail are used to perform blood-alcohol tests rather than the arresting officers so that the entire force, made up of more than 1,300 officers, does not have to be trained on the machines. However, there are only a few dozen technicians in Fairfax processing about 4,000 cases each year.

Seahawks Fullback Schmitt Pleads Guilty To Reckless Driving

Bob@BobBattleLaw.com (Blog Author)15825 — Sat, 25 Jul 2009 08:00:00 EST

On July 22, Seattle Seahawks fullback Owen Schmitt was sentenced to 24 hours of community service and two years probation and ordered to pay fines, fees, and court costs of $2,130 after pleading guilty to a charge of reckless driving.

On June 25, Schmitt was arrested in Black Diamond, Washington for alleged drunken driving (DUI).

The 24-year-old fullback, who played his college days at West Virginia and was on the cover of the Playstation Portable version of the NCAA Football 2009 video game, issued an apology for his actions after his arrest.

According to police, the officer who arrested Schmitt initially stopped him for weaving in traffic and following too close.

Comedian Artie Lange Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)15155 — Sat, 11 Jul 2009 08:00:00 EST

On July 10, comedian and radio personality Artie Lange was arrested in New Jersey on charges of driving under the influence and careless driving after he was involved in a minor accident.

According to police in Toms River, New Jersey, at approximately 1:30 p.m., the 2009 Nissan Lange was driving rear-ended another vehicle. Police say no injuries were sustained in the collision and both vehicles only suffered minor damage.

Police say that the observations the responding officers made at the scene led to the charges against the 41-year-old comedian. Police took him to their headquarters to be processed.

Lange was issued summonses and released pending a municipal court appearance on July 16.

Lange is a regular on the “Howard Stern Show” and recently authored the best-seller Too Fat to Fish.

WNBA Star Diana Taurasi Arrested On Suspicion Of DUI

Bob@BobBattleLaw.com (Blog Author)15154 — Sat, 11 Jul 2009 08:00:00 EST

According to police in Phoenix, Diana Taurasi, leading scorer for the WNBA’s Phoenix Mercury and former Connecticut Huskies star, was cited for driving under the influence only a few hours after her team’s win over the Seattle Storm on July 2.

At approximately 2:30 a.m., Taurasi was stopped for allegedly speeding, according to police spokesman Luis Samudio. The officer said that he detected the odor of alcohol on her and administered several field sobriety tests.

Taurasi was then taken to a mobile DUI van where she gave a blood sample, received a citation, and was released. Authorities did not know the results of the blood test.

The 27-year-old guard scored 22 points and blocked four shots in the July 1 game against Seattle, which the Mercury won 93-81. She is the leading fan vote-getter for the WNBA’s All-Star game, which will be held July 25.

In college, Taurasi led the Connecticut Huskies to three consecutive national championships. She was the 2003 and 2004 Naismith College Player of the Year and the 2003 Associated Press Player of the Year.

Ca. Supreme Court Rules Breath Tests Can Vary

Bob@BobBattleLaw.com (Blog Author)15153 — Sat, 11 Jul 2009 08:00:00 EST

The California Supreme Court has joined with several other U.S. courts who say that Breathalyzer results mean different things for different people and will allow the test results to be attacked in court by persons suspected of driving under the influence.

The July 9 ruling was lauded by defense attorneys for deferring for science, which has shown for several years that test results can highly vary. But prosecutors argue that the move will undermine DUI cases in the state.

The center of the issue is how booze breath is used by authorities to determine the amount of alcohol in the blood stream.

Upon consumption, alcohol is absorbed into the bloodstream and carried through the brain to the liver and heart before diffusing in the lungs, where it is exhaled in breath.

A nationally accepted scientific formula called “Henry’s law” is currently used by authorities to convert the amount of alcohol vapor in the lungs to a blood-alcohol level.

However, the scientific issue with this method is that throughout the population, breath-to-blood ratios vary greatly and fluctuate individually, influence by factors such as body temperature, atmospheric pressure, medical conditions, and the precision of the measuring device.

Essentially what that means is that the same breath-test result for one person’s breath could mean intoxication, while for another person, it could simply mean one glass of wine with dinner.

The matter is complicated by California’s two distinct laws for DUI.

Under the first law, which has been on the books for decades, proof that a driver is intoxicated, such as slurred speech, bloodshot eyes, etc., is required. Jurors are informed that they can presume a person is drunk if blood tests reveal the blood-alcohol content to be at least 0.08 percent.

Under the second law, which the Legislature passed in 1981 and updated in 1989, a drunken driver is defined simply as a person whose blood-alcohol content is 0.08 percent, regardless of that person’s behavior. In 1994, the state’s Supreme Court extended that definition to include Breathalyzer results, which barred drivers charged with the second law from attacking the tests’ variability.

Since that time, the majority of DUI attorneys saw disputing Henry’s law as a dead end for challenging breath-test machines.

Person’s accused of DUI are typically charged by prosecutors with both versions of the law to increase the chance of conviction.

Similar rulings to the July 9 decision have been made in Arizona and Vermont.

Bruce Smith Receives Suspended Sentence For Virginia Beach DUI

Bob@BobBattleLaw.com (Blog Author)15152 — Sat, 11 Jul 2009 08:00:00 EST

On July 9, former Buffalo Bills defensive end Bruce Smith was convicted on a drunken driving (DUI) charge, after claims that he failed a sobriety test because of old football injuries.

On May 15, Smith was pulled over in Virginia Beach and refused to submit to a breathalyzer test. He was sentenced to a 90-day suspended jail term, issued a fine of $440, and had his license suspended for a year.

Smith claims that he performed poorly on the sobriety test the arresting officer issued because of old football injuries. The tests included walking a straight line and standing on one leg for 30 seconds.

Smith’s attorney is planning to file an appeal of the decision at an additional hearing set for August 27.

Smith has two prior DUI charges, but the charges were dropped in the other two cases.

Police Say Suspect In Fatal Beltway Crash Was DUI

Bob@BobBattleLaw.com (Blog Author)15151 — Sat, 11 Jul 2009 08:00:00 EST

On July 8, authorities said that a woman who had a long history of driving violations registered a blood-alcohol content of more than twice the legal limit (meaning she was driving under the influence) when she rear-ended a pickup truck on the Capital Beltway, causing the truck to go over a guardrail and plummet down a 60-foot embankment, ending up on its roof in Montgomery County, Maryland. The two men traveling in the truck, who were returning home to Virginia from a construction job site, both died in the crash.

Court records say that 33-year-old Kelli R. Loos, who recently has resided in Bethesda, Maryland and Chesapeake, Virginia, was charged with DUI and fleeing the scene of an accident. She recently sent a letter to a judge in a different case citing family issues in an attempt to explain failing to appear in court in June to face charges of driving with a suspended license.

Maryland and Virginia State Police praised a Beltway motorist who witnessed the crash and pursued the Jeep Cherokee Loos was driving into Virginia while contacting the authorities on his cell phone. Virginia State Police say he also witnessed her crash in Virginia as well.

At approximately 11 p.m. on July 7, 39-year-old Gradys Mendoza and Franklin Manzanares were southbound on the Beltway, approaching Virginia.

At the same time, Loos was also southbound on the Beltway. She later informed authorities that she had been at a bar in Maryland, according to 1st Sgt. Neil Johnson of the Virginia State Police.

According to 1st Sgt. Kimberly Smith of the Maryland State Police, Loos’ vehicle veered to the right and collided with the rear of the Nissan pickup truck as they neared Virginia.

Authorities say the collision caused the truck to spin out of control and go airborne over a guardrail. A trail of sheared trees could be followed to the bottom of the embankment where the truck ended up.

Manzanares, the passenger, was trapped inside the truck and pronounced dead at the scene. Smith said Mendoza died in the ambulance en route to the hospital.

Loos did not stop and continued traveling south. The motorist who followed her called the authorities at approximately 10:56 p.m. to report the crash and inform them that the driver was heading into Virginia. According to a Virginia State Police spokeswoman, a Virginia State trooper was scrambled to try and intercept her, but by 11:03 p.m. she had crashed again.

Authorities say the second crash occurred when Loos struck a Virginia highway sign while was trying to exit the Beltway onto Georgetown Pike. Johnson said she was taken into custody at the scene.

Johnson said Loos was taken to Fairfax County jail, where she registered 0.20 on a breath test. She was charged with driving under the influence by the Virginia State Police.

Police in Maryland charged Loos with failure to stop at the scene of an accident involving bodily injury. As of July 8, she was being held in Fairfax jail, pending extradition to Maryland.

In March, police in Montgomery County, Maryland issued Loos multiple citations after a collision. In that crash she was charged with failure to furnish a written ID, driving on a suspended Virginia license, and failure to insure the Jeep.

On June 15, she failed to appear in court on those charges and a warrant was issued for her arrest. She blamed the accident and failure to appear on family issues and having to go out of town for a funeral. She claims she didn’t know her license had been suspended.

Loos was cited in Virginia Beach in November for driving with a suspended license and failure to obey a traffic signal. Additionally, court records show that she has at least six prior speeding and traffic violations in Virginia and North Carolina dating back to 1994.

Three's Company Star Joyce DeWitt Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)15150 — Sat, 11 Jul 2009 08:00:00 EST

Joyce DeWitt, one of the stars of the classic television series “Three’s Company,” was recently arrested and charged with driving under the influence. According to police, DeWitt, who played the role of Janet Wood on the hit show, was pulled over after driving past a barricade near a park in El Segundo, California on July 4.

According to Sgt. Danny Kim, the officer that pulled the 60-year-old actress over said he observed signs that she had been drinking and administered field sobriety tests. He then placed her under arrest for DUI.

Kim said that DeWitt had been booked at the Police Department, cited, and released on her own recognizance.

Kansas State Lineman And Former UVA Standout Jeffrey Fitzgerald Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)14790 — Fri, 03 Jul 2009 08:00:00 EST

On the morning of June 29, Kansas State senior defensive lineman and former Virginia Cavalier Jeffrey Fitzgerald was arrested by the Riley County, Kansas Police Department on charges of driving under the influence.

Lt. Herb Crosby of the Riley County police said that “it was a simple DUI.” He said that Fitzgerald was arrested on the DUI charge after he had been observed driving erratically by an officer, who then pulled him over.

The 21-year-old lineman was released on $750 bail. Kenny Lannou, sports information director for Kansas State, said that the matter would be handled internally.

In 2008, the 6-foot-4 280-pound defensive tackle sat out the year because he had just transferred from the University of Virginia. Fitzgerald started all 13 games for the Cavaliers as a sophomore in 2007. He finished the season tied for third on the team in tackles (73) and sacks (7).

Seahawks Fullback Schmitt Arrested On Suspicion of DUI

Bob@BobBattleLaw.com (Blog Author)14789 — Fri, 03 Jul 2009 08:00:00 EST

On June 20, Seattle Seahawks fullback Owen Schmitt, a Virginia native, was arrested on suspicion of driving under the influence, according to court records.

The 24-year-old football player has been charged with DUI after his arrest on June 20 by Black Diamond, Washington police. No further details were immediately made available.

Schmitt played for the West Virginia Mountaineers from 2005-2008 was featured on the cover of the Playstation Portable version of the 2009 entry of EA Sports’ popular NCAA Football video game series. He was drafted in the fifth round by Seattle in 2008 and is currently listed as the team’s starting fullback.

Seattle released a statement from Schmitt apologizing to the team, the NFL, the fans, his family, and friends for the incident.

U.S. Supreme Court To Hear Virginia Confrontation Case

Bob@BobBattleLaw.com (Blog Author)14788 — Fri, 03 Jul 2009 08:00:00 EST

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.

Virginia Beach Officer Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)14136 — Mon, 22 Jun 2009 08:00:00 EST

Police say that a police officer from Virginia Beach has been arrested on charges of driving under the influence.

According to a police spokesperson, Officer Bryan Womble was arrested for DUI after his involvement in a two car crash at 20th Street and Pacific Avenue at the Virginia Beach Oceanfront on June 20. No injuries were reported from the crash.

Ironically, Womble is part of the Virginia Beach Police Department’s Selective Enforcement Team, which mainly focuses on removing drunk drivers from the streets.

DUI Trial of Bruce Smith Postponed

Bob@BobBattleLaw.com (Blog Author)14135 — Mon, 22 Jun 2009 08:00:00 EST

On the morning of June 18, it was decided that the trial of 46-year-old former NFL star Bruce Smith, who was arrested in Virginia Beach for DUI in May, would be postponed until July 9.

On May 15, Smith was pulled over on Interstate 264. He was charged by a Virginia Beach police officer with DUI and refusal to submit to a DUI test.

The charge is the third within the past 12 years for Smith. The first charge was dismissed and he was acquitted on the second.

Court records say that Smith, who is a native of Virginia Beach, was also charged with driving 73 mph in a 55 mph zone.

Smith was elected to the Pro Football Hall of Fame in January and is set to be inducted in August.

Smith, a graduate of Virginia Tech, is a member of the College Football Hall of Fame and was the first player selected in the 1985 NFL draft.

Smith was a Pro Bowl defensive end who spent 15 seasons as a Buffalo Bill and four as a Washington Redskin. He helped lead the Bills to four consecutive AFC titles and is the all-time NFL sack leader. He retired in 2003.

City leaders said that plans to honor Smith’s Hall of Fame induction were placed on hold because of the pending charges.

As Va. Prepares To Enforce Texting While Driving Ban, N.C. Also Passes Ban

Bob@BobBattleLaw.com (Blog Author)14063 — Sat, 20 Jun 2009 08:00:00 EST

As Virginia’s texting while driving ban prepares to go into effect on July 1, our neighbor to the south has joined the many states that have passed a ban on texting while driving.

On June 19, North Carolina Governor Bev Perdue signed into a law a bill that would ban drivers from using their cell phones to sent text messages or e-mails while driving.

Currently, thirteen states, including Virginia, and the District of Columbia have bans on drivers sending text messages, which is nearly twice the number of states who had bans in place four months ago, according to the Governors Highway Safety Association.

Those in support of the recently passed legislation say that drivers who send text messages will often look down, become distracted, and/or keep an unstable hold on the steering wheel.

The law would require drivers to either pull over or wait until they have stopped their vehicle before texting or e-mailing. Violation of the law could result in a $100 fine, plus court costs.

School bus drivers, who are already prohibited from using cell phones while driving, would be subject to the ban as well.

The bill, which passed in the Senate 30-18, has exceptions in place for emergency responders and people who use voice-activated technology or access global navigation systems.

Adult drivers using cell phones to make calls are still legal. A law was passed in 2006 barring young drivers from using a cell phone, with few exceptions.

Stallworth Gets Only 30 Days In Prison For DUI Manslaughter

Bob@BobBattleLaw.com (Blog Author)14062 — Sat, 20 Jun 2009 08:00:00 EST

In the DUI manslaughter case of Cleveland Browns wide receiver Donte Stallworth, some believe there was more than one crime involved. The first was when Stallworth hit a construction crane worker who was walking to the bus stop to go home from work while driving at one and a half times the legal blood-alcohol level.

Some believe a second crime was committed by the judicial system when Stallworth essentially received a slap on the wrist for the death of Mario Reyes. He was sentenced to 30-days in prison, two years of house arrest, and eight years of probation.

Nicole Brochu, writer for the South Florida Sun-Sentinel, called the sentence “a joke…not just on the family of the poor man killed by Stallworth's recklessness, it's on all of us.”

Stallworth’s light sentence seems even more so considering Michael Vick just recently completed a nearly two year sentence for dog fighting. Brochu asks, “Are we saying an animal’s life is worth more than a 59-year-old man’s?”

One can only wonder if things would be different if the tables were turned. If it had been Stallworth who had been killed and Reyes who had been driving with a blood-alcohol content of 0.126, would Reyes have gotten merely 30 days in jail?

Since the sentencing, NFL Commissioner Roger Goodell has placed Stallworth on unpaid, indefinite suspension. Experts believe the suspension could last for a year or more.

New Reckless Driving Countermeasure: Brad Pitt

Bob@BobBattleLaw.com (Blog Author)14061 — Sat, 20 Jun 2009 08:00:00 EST

Police is Omsk, South Russia have taken an interesting approach in their attempts to curb reckless driving: cardboard cut-outs of actor Brad Pitt.

The Omsk police have placed cardboard replicas of the star of such films as “The Curious Case of Benjamin Button,” dressed as a traffic policeman at the most dangerous city intersections in an attempt to deter drivers from speeding.

Dmitry Ziryanov, the local official who reportedly came up with the idea, said “Brad is kind of like a colleague for us.”

Texting While Driving Ban Begins July 1

Bob@BobBattleLaw.com (Blog Author)13716 — Mon, 15 Jun 2009 08:00:00 EST

Starting in July, drivers in Virginia who are caught text-messaging or e-mailing while driving could face fines.

Recently, the General Assembly passed a law prohibiting texting and e-mailing while driving. A first offense will result in a $20 fine. Each subsequent offense is a $50 fine.

Nearly two years ago, a Virginia Tech student lost control of her SUV while text-messaging behind the wheel and crashed into a group of people on the sidewalk in front of Big Al’s Grille & Sports Bar shortly after 2 a.m., as bars were closing.

The driver, Winchester resident Mary Elizabeth Bowen was charged and convicted of driving under the influence and three counts of maiming while DUI. Three of the people she hit sustained serious injuries causing permanent damage, including scarring.

Bowen was sentenced to one year and 10 days in prison and some of the victims filed civil suits as well.

Radford police Chief Don Goodman said he didn’t recall any serious crashes in his jurisdiction that were the result of texting while driving, but was glad to have the law in place.

Christiansburg police Major Dalton Reid says he believes the law will result in a decrease in the number of crashes caused by driver inattention, particularly among teenagers.

The law makes texting while driving a secondary offense, meaning police require a separate reason to pull the driver over.

Virginia Department of Motor Vehicles spokeswoman Melanie Stokes says the law has exceptions in place for emergency vehicle operators, drivers reporting an emergency, or parked drivers.

Stokes said that in Virginia last year, 114 deaths and 14,480 injuries were caused by crashes involving distracted drivers. How many of those were related to texting or sending e-mails is unclear.

Other driving laws that will go into effect on July 1 include:

- Drivers convicted of DUI for the second time within a 10 year span are required to have an ignition interlock system installed on all of the vehicles they own or co-own to obtain restricted or full driving privileges.

- Drivers ordered to have an ignition interlock caught driving without one can be charged with a Class 1 misdemeanor and have their license revoked for a year.

- DMV-approved crash prevention courses may be offered online to drivers aged 55 and older, and insurance companies may offer a discount to drivers who complete them.

Albemarle Click It Or Ticket Results In More Than 1,000 Tickets, Only 14 Arrests

Bob@BobBattleLaw.com (Blog Author)13715 — Mon, 15 Jun 2009 08:00:00 EST

At the end of the recent Click It or Ticket campaign in Albemarle County, more than one-thousand tickets were issued.

According to police, in the multiple checkpoints set up across the county, a total of 1,812 vehicles were stopped and 1,192 citations were issued during the two-week period from May 18-May 31.

The majority of the tickets issued were for speeding violations (670). Other violations included 153 inspection violations, 72 registration violations, 40 drivers without a license, and 28 drivers with suspended or revoked licenses. There were also 48 tickets handed out for seat belt or child restraint violations.

Also during the two-week campaign, 14 arrests for driving under the influence were made and 108 vehicle crashes were investigated.

Virginia State Police and the Albemarle County Sheriff’s Office assisted Albemarle County Police during the campaign.

Driver Charged With DUI After Hitting Three Motorcycles

Bob@BobBattleLaw.com (Blog Author)13714 — Mon, 15 Jun 2009 08:00:00 EST

Two of the five people injured in a recent multi-vehicle crash near Deerfield in which one driver was charged with driving under the influence remained in the University of Virginia Medical Center as of May 31.

According to hospital spokesman Peter Jump, 50-year-old Verona resident Marti Krupinski and 43-year-old Christine Hinkle, the passenger on the 2009 Harley-Davidson motorcycle driven by Krupinski, were both listed in fair condition.

Three others injured in the crash were released from Augusta Medical Center in Fishersville after undergoing treatment.

According to Virginia State Police Trooper Timothy Simmons, 33-year-old Sean Stanton was westbound in a 1997 Toyota Tacoma on Route 250 on May 30, when he ran off the right side of the road in a curve, overcorrected, and collided with three eastbound motorcycles.

Simmons said police charged Stanton with second-offense DUI.

According to Doug Morris, fire chief of the Deerfield Valley Volunteer Fire Department, which responded to the incident along with state police, the collision occurred approximately 1.5 miles past the intersection of Route 629, not far from Shenandoah Mountain near the Highland County-Augusta County line.

Simmons said that Krupinski was driving the lead motorcycle in the group and two motorcycles driven by females followed. He said all of them were injured, some of which were serious.

Krupinski and Hinkle required air transport to U.Va. Medical Center in Charlottesville, two people received air transport to Augusta Medical Center in Fishersville, and another received ambulance transport to AMC.

Simmons said that it was very rare for two helicopters to be required for one wreck.

Simmons said Stanton suffered the least-serious injuries in the crash.

According to Simmons, the motorcycle riders were part of a large contingent on a ride to raise money for children.

Culpeper Town Councilman Bobby Ryan Appeals Own Guilty Plea

Bob@BobBattleLaw.com (Blog Author)13713 — Mon, 15 Jun 2009 08:00:00 EST

Culpeper Town Councilman Bobby Ryan has filed an appeal of his own guilty plea in a DUI case.

On May 21, Ryan pleaded guilty to DUI in Culpeper District Court as part of a plea arrangement. The charge is his second offense in five years.

The terms of the agreement worked out between Ryan’s attorney and special prosecutor Amy Harper were accepted by substitute Judge Steve Helvin. Ryan was sentenced to 90 days in jail, with 60 of those suspended.

Ryan was also fined $500, his license was suspended for three years, and he was ordered to enter a substance-abuse program.

Ryan’s jail sentence, which was restricted to weekends, was scheduled to begin on June 19.

Those who plead guilty in Circuit Court automatically forfeit their right to appeal, but in District Court, a person who pleads guilty has 10 days in which to appeal. Ryan’s appeal was filed on May 29.

On February 26, Ryan was stopped shortly after midnight by off-duty Virginia State Police Special Agent N.R. White, who spotted him driving erratically on Sunset Lane. White charged Ryan with DUI.

White said he saw Ryan’s vehicle “cross the center line 12 times,” before pulling him over.

The 64-year-old’s blood-alcohol content was measured to by 0.17, more than twice the legal limit of 0.08.

Ryan was a member of the Culpeper Town Council between 1994-2002 and was elected again in 2008.

Do DUI Checkpoints Really Work?

Bob@BobBattleLaw.com (Blog Author)13712 — Mon, 15 Jun 2009 08:00:00 EST

Say you’re out on a Friday night and having a few drinks with your buddies. As the evening comes to a close, you and your responsible group, who have only had a couple of drinks during the lively conversation at the local bar, get into your cars to drive home.

It’s now 1:30 a.m. and you’re 10 minutes away from your home, but traffic on the major street you’re traveling on comes to a stop. Then you see the flashing lights, the police officers, the makeshift holding stations, and the two trucks. You’ve been caught in a state-sponsored DUI checkpoint.

Ontario, California police Officer Craig Ansman says that some of the people who come through the checkpoints are frustrated because they’re in a hurry. However, the fear, frustration, and anxiety associated with DUI checkpoints seems small in comparison to the amount of damage caused by impaired drivers. Each year, there are thousands of deaths in alcohol-related crashes.

According to the National Highway Traffic and Safety Administration, there were 12,998 deaths due to drunken driving in 2007, the most recent year for which totals have been available.

Law enforcement officials and citizens both agree that drunken driving is a problem, but the formalities end there, as the groups can’t seem to agree on an effective countermeasure.

Police support DUI checkpoints, saying that having them in highly concentrated areas help catch a number of drunken drivers.

However, with checkpoints costing approximately $10,000 and roving patrols merely $300, many advocates question how effective DUI checkpoints really are.

In Ontario, for example, 85 DUI arrests and 57 other arrests were made during state-funded checkpoints and DUI saturation patrols. However, those numbers made up only a small part of the 777 drunken drivers across the city, which was a slight increase from 744 the year before.

Ansman, who has been with the Police Department’s traffic unit for two years, says the success is due to DUI checkpoints. He says the “fear of the unknown” from not knowing when or where they will be makes them effective.

However, Pomona, California, on the other hand, has had a history of controversy with DUI checkpoints.

Officials from the American Beverage Institute, a restaurant trade association based out of Washington, D.C., says that checkpoints are an ineffective countermeasure for DUI fatalities.

ABI managing director Sarah Longwell said, “Cops are pulled off the street and stand in one spot in hopes the drunken drivers come to them.”

Longwell says that only the “dumbest” drunken drivers get caught in checkpoints and the majority will find ways to avoid them.

Longwell says that roving patrols and education are far more effective ways to stop drunken drivers. She says putting officers on the streets in their patrol cars to search for dangerous activities such as reckless driving and drunken driving makes her far more comfortable, saying, “If they are out, they’ll catch them.”

Man Sentenced To 11 Years For DUI Crash That Killed Rocky Mount Officer

Bob@BobBattleLaw.com (Blog Author)13404 — Tue, 09 Jun 2009 08:00:00 EST

An Ohio man convicted in February of causing an October 11 head-on collision that caused the death of a police officer from Rocky Mount while driving under the influence was sentenced to 11 years in prison.

In February, Brooks Ryan Leisure was convicted on charges of aggravated involuntary manslaughter and misdemeanor DUI in the death of Jason William Maxey. On May 28, he was sentenced in Roanoke Circuit Court to 10 years in prison, with another 10 years suspended, on the manslaughter charge and another 12 months in prison on the DUI charge.

According to court testimony, on the night of the incident, Leisure consumed liquor and beer at All Sports Café on Grandin Road before moving to Awful Arthur’s at Towers Shopping Center to continue drinking. He then left the bar to go to the home of a friend.

Witnesses say that shortly before 2 a.m., the Isuzu Rodeo Leisure was driving turned off Colonial Avenue. He tried to enter an exit ramp from southbound U.S. 220, where he collided head-on with the Chevrolet Malibu driven by Maxey. Both vehicles were estimated to have been traveling at more than 60 mph.

Accordingly to the toxicology reports, Leisure’s blood-alcohol content at the time of the collision was 0.19 percent, more than twice the legal limit of 0.08. He also had marijuana present in his system. Tests showed Maxey to have been drinking that night, as he had a blood-alcohol content of 0.09 percent.

Driver In Adenhart Death Pleads Not Guilty

Bob@BobBattleLaw.com (Blog Author)13403 — Tue, 09 Jun 2009 08:00:00 EST

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.

Detroit Shock Center Kara Braxton Suspended After DUI Arrest

Bob@BobBattleLaw.com (Blog Author)13402 — Tue, 09 Jun 2009 08:00:00 EST

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.

Arrests Not Effective Countermeasures For Some Drunk Drivers

Bob@BobBattleLaw.com (Blog Author)13401 — Tue, 09 Jun 2009 08:00:00 EST

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.”

After Two Delays, Stallworth Pleads Not Guilty To DUI Manslaughter

Bob@BobBattleLaw.com (Blog Author)13400 — Tue, 09 Jun 2009 08:00:00 EST

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.

Stallworth's DUI Manslaughter Arraignment Delayed For Second Time

Bob@BobBattleLaw.com (Blog Author)12586 — Sun, 24 May 2009 08:00:00 EST

On May 21, Cleveland Browns wide receiver was supposed to have his arraignment on charges of DUI manslaughter, but the arraignment was delayed for the second time.

Prosecutors requested that the arraignment be delayed until June 4. The request was granted by a judge. Prosecutors did not give reason for the delay request and Stallworth’s attorney did not oppose it.

The 28-year-old NFL star has been accused of driving under the influence in a March 14 collision that took the life of 59-year-old Mario Reyes. He has not yet entered a plea.

An arrest warrant affidavit said that Stallworth’s blood-alcohol content was measured to be 0.126, more than the legal limit of 0.08. According to the affidavit, an officer at the scene detected the odor of alcohol on Stallworth’s breath and noted that his eyes were “bloodshot” and “watery.”

The affidavit says that prior to the accident, Reyes had just left his job as a crane operator and was not in a crosswalk when he was struck by the black 2005 Bentley GT driven by Stallworth.

Stallworth told an officer at the scene that he was the driver of the vehicle that struck Reyes. According to the affidavit, he told police that he had time to honk his horn and flash his headlights to alert Reyes prior to impact. Police say he was driving at approximately 50 miles per hour in a 40 mph zone.

Stallworth was released on $200 thousand bail and is required to submit to random drug and alcohol testing as part of his bail requirements.

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

Statewide Enforcement Effort Begins Memorial Day Weekend

Bob@BobBattleLaw.com (Blog Author)12585 — Sun, 24 May 2009 08:00:00 EST

Beginning Memorial Day weekend and ending June 1, law enforcement agencies across Virginia will be out in force as part of the state’s “Click It or Ticket” campaign.

In Central Virginia, members of the Central Virginia Highway Traffic Safety Board set up a checkpoint on the Monacan Bridge on U.S. 29 around noon on May 21.

Amherst County Sheriff’s Office Lt. Greg Turner said that it would help set the tone for Memorial Day weekend. He said they hope it would put the image in driver’s minds that if police were out in force on Friday and Saturday, that they would be out on Monday as well.

Starting on May 22, law enforcement will be conducting a blitz on U.S. routes 460, 60, and 29. According to Turner, the border-to-border enforcement is part of another effort to increase patrols.

Turner said that U.S. 60 may not be a high traffic route, but drivers tend to take less-traveled roads while driving under the influence.

Drivers can also expect to seek DUI checkpoints as part of the campaign.

The Virginia Highway Safety Office says that motorists have a 40 percent lower likelihood of dying in a crash if they are properly using seat belts.

Culpeper Town Councilman Sentenced To 30 Days For DUI

Bob@BobBattleLaw.com (Blog Author)12584 — Sun, 24 May 2009 08:00:00 EST

A Culpeper town councilman has been sentenced to 30 days in prison after pleading guilty to driving under the influence of alcohol on May 21.

The conviction in Culpeper District Court marks the second one for 64-year-old Robert “Bobby” Ryan within the past five years.

As part of a plea deal with special prosecutor Amy Harper, Ryan received 90 days in jail, all but the Virginia minimum of 30 suspended, and a fine of $500.

Ryan’s driver’s license was suspended for three years, he was placed on probation for two years, and substitute Judge Steve Helvin ordered him to take part in the state’s Vehicle Alcohol Safety Action Program.

On February 26, Ryan was stopped shortly after midnight by Virginia State Police Special Agent Virginia N.R. White, who spotted him driving erratically. He was charged with DUI.

Judge Roger Morton and Commonwealth’s Attorney Gary Close recused themselves from the case. Special prosecutor Harper is from Spotsylvania County and Helvin is a retired Charlottesville judge.

Ryan served on the Culpeper Town Council between 1994 and 2002 and was elected again in 2008. His 30-day sentence will be served on weekends beginning June 20.

West Virginia Man Sentenced For DUI Deaths Of Virginia Couple

Bob@BobBattleLaw.com (Blog Author)12583 — Sun, 24 May 2009 08:00:00 EST

On Thursday, May 21, a 41-year-old man who pleaded guilty to two counts of driving under the influence resulting in the death of a Virginia man and woman in August 2008 received a prison sentence of up to 20 years.

On February 17, Troy S. Bean was indicted on two counts of DUI resulting in death, one count of DUI resulting in injury, one count of second offense DUI, and one count of driving on a revoked license from a prior DUI.

Bean pleaded guilty to all five counts with an Alford plea, meaning he pleaded guilty despite not remembering all the circumstances surrounding the incidents. According to 23rd Judicial Circuit Court Judge Gina Groh, he admitted to the crimes because he believed the state had enough evidence to prove he committed them.

Bean said that when he awoke in the hospital three days after the incident, he was unable to recall any of the incidents surrounding the deaths and was unaware of what had happened.

On August 14, 2008, the Ford pickup truck Bean was driving collided head-on with the station wagon of 80-year-old Howard Diamond and 70-year-old Nancy Diamond on Interstate 81. Both were pronounced dead at the scene.

After a police investigation, it was determined that Bean’s truck and a Nissan Altima were both northbound on I-81 when the Ford sideswiped the Nissan, sending both into the southbound lanes.

The Nissan came to rest in a lane that had been closed for construction, but Bean’s truck struck the station wagon head-on.

Bean was taken to the hospital and treated for several severe injuries, including a collapsed lung. It was reported that his blood-alcohol content was 0.214, nearly three times the legal limit of 0.08.

Lonn Stevenson, the driver of the Nissan, received hospital transport and was treated for back pain.

Bean addressed the nearly 15 members of the Diamonds’ family at the sentencing, saying “I’d like to apologize to the family. I wish it would have been me, but it certainly wasn’t.”

Groh said that Bean appeared remorseful and visibly moved by the family’s comments. She added that during her time as a prosecutor, she only saw one defendant in her cases take full responsibility for every count of the indictment as Bean had.

However, Groh said that Bean chose to drive a vehicle without a license after consuming alcohol.

Bean was sentenced to no less than two and no more than 10 years in prison and a $1,000 fine for each count of DUI resulting in death, one year in prison and a $1,000 fine for second offense DUI, one year in prison and a $200 fine for DUI with injury, and six months in prison and a $100 fine for driving on a revoked license. Each sentence is to be served consecutively. He is also required to pay $16,106.50 in restitution.

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

Bob@BobBattleLaw.com (Blog Author)12582 — Sun, 24 May 2009 08:00:00 EST

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.

Woman Charged With Reckless Driving After Fatal Washington County Crash

Bob@BobBattleLaw.com (Blog Author)12120 — Sun, 17 May 2009 08:00:00 EST

A woman has been charged with reckless driving after a fatal collision that took the life of an 81-year-old woman from Chilhowie in Washington County on May 13.

According to Virginia State Police spokesman Sgt. Michael Conroy, Margaret “Peggy” Kegley was trying to turn left onto Highway 19 from Route 700 in her 2005 Ford Taurus when she was struck by the 2003 Mercury Mountaineer driven by 23-year-old Wise resident Melinda Miller, who failed to stop for a red light. Conroy said that Miller’s vehicle hit the driver’s side door of Kegley’s vehicle.

Conroy said that Miller received transport to Johnston Memorial Hospital in Abingdon with non-life-threatening injuries. An infant in her vehicle was properly restrained and was not harmed in the crash.

Conroy said that Miller was charged with reckless driving and additional charges would be up to the Washington County Commonwealth’s Attorney.

Man Sentenced To 30 Days In Prison After DUI Crash

Bob@BobBattleLaw.com (Blog Author)12119 — Sun, 17 May 2009 08:00:00 EST

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.

Hampton Woman Charged With DUI After Sideswiping State Trooper

Bob@BobBattleLaw.com (Blog Author)12118 — Sun, 17 May 2009 08:00:00 EST

A Hampton woman has been charged with driving under the influence after sideswiping a Virginia state trooper, according to police.

According to Virginia State Police spokeswoman Sgt. Michelle Cotten, the collision occurred shortly after 6 a.m. at the intersection of the Hampton Roads Center Parkway and Magruder Boulevard.

Cotten said that 23-year-old Ciara Shavon Palmer was on a ramp from the parkway onto northbound Magruder Boulevard when she made an unsafe lane change and sideswiped the patrol vehicle of Trooper Steven Bethea. He suffered minor injuries and went to a hospital to be checked.

Palmer was uninjured in the crash. Cotten said that police arrested her on charges of DUI, making an unsafe lane change and carrying a concealed weapon, as she had a knife in her purse.

Former NFL Star Bruce Smith Arrested For DUI In Virginia Beach

Bob@BobBattleLaw.com (Blog Author)12117 — Sun, 17 May 2009 08:00:00 EST

Former NFL star Bruce Smith, a Norfolk native, has been arrested in Virginia Beach on charges of driving under the influence.

According to city police spokesman Jimmy Barnes, police stopped the 45-year-old football star at about 1:42 a.m. on Friday, May 15 on Interstate 264. He said that Smith had been charged with speeding, DUI, and refusing to submit to a Breathalyzer test. He was released on bond a few hours later.

After playing in college at Virginia Tech, Smith played in the NFL for the Buffalo Bills and Washington Redskins and is the league’s all-time leader in sacks. He was elected to the Pro Football Hall of Fame earlier this year and is to be inducted in August.

Smith has two prior DUI arrests on his record, but the first, in 1997, was dismissed and he was acquitted on the second charge in 2003.

Rich Norwegian Fined $109,000 For DUI

Bob@BobBattleLaw.com (Blog Author)12116 — Sun, 17 May 2009 08:00:00 EST

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.

DUI Suspect Leads Police On Chase Across Both Virginias

Bob@BobBattleLaw.com (Blog Author)11791 — Sun, 10 May 2009 08:00:00 EST

A man led police on a chase through both Virginias and damaged a police vehicle on May 2 before finally being arrested in Tazewell County, Virginia and Mercer County, West Virginia on charges of DUI and attempting to elude police.

Police pursued 34-year-old Bluefield, West Virginia resident Larry S. Patrick Jr. in a chase that began in Bluewell, West Virginia and ended with his apprehension in Bluefield, Virginia, according to Mercer County Sheriff’s Deputy D.A. Furches.

Mercer County Sheriff’s Deputy A.M. Ballard attempted to pull Patrick over, but Patrick struck Ballard’s cruiser with his Chevy S-10 pickup truck, knocking off a mirror and part of the front end of the vehicle, according to Furches. Furches said that Ballard was uninjured.

Tazewell County police arrested Patrick on charges of first offense DUI and attempting to elude police. He posted bail, but was re-arrested in Mercer County on charges of second offense DUI, second offense driving on a suspended license, and felony fleeing while driving under the influence.

Man Pleads Guilty After Fatal Norfolk DUI Crash Kills Brother

Bob@BobBattleLaw.com (Blog Author)11789 — Sun, 10 May 2009 08:00:00 EST

On May 5 man pleaded guilty to driving under the influence and involuntary manslaughter in connection to a fatal crash in Norfolk this past August.

In the incident, a red Ford Explorer driven by 21-year-old Fredy Alvarado Gonzales rolled several times after he lost control of it, causing his brother, 22-year-old Selim A. Alvarado-Gonzales to be ejected from the vehicle. The SUV eventually came to a stop after crashing against a house on Hemlock Avenue.

Witnesses say that upon the police’s arrival, Alvarado-Gonzales was crying and yelling, “I killed my baby. Please help my baby,” referring to his brother, whom the Explorer had landed on top of and crushed.

Police say Alvarado-Gonzales initially denied being the driver at the time of the August 2 crash, but admitted to having been behind the wheel the following morning. He told police he had lied because his brother died and he was scared. He admitted to having consumed two beers about two hours before the crash and three beers at a cookout earlier in the day. According to a witness, the brothers also purchased beer from a convenience store about 10 minutes prior to the crash.

According to hospital records, Alvarado-Gonzales had a blood-alcohol content of approximately 0.18 percent, more than twice the legal limit of 0.08.

Alvarado-Gonzales received a sentence of six months in jail with an additional four years and six months suspended as part of his plea agreement. He served that time while awaiting trial, but according to Commonwealth’s Attorney’s spokeswoman Amanda Howie, he will remain incarcerated pending federal action on immigration issues.

Smithfield Police Sargeant Formerly Honored By MADD Charged With DUI

Bob@BobBattleLaw.com (Blog Author)11788 — Sun, 10 May 2009 08:00:00 EST

Smithfield Police Sergeant James Tragessor has been charged with driving under the influence.

The sergeant is scheduled to appear on at Isle of Wight General District Court on May 21, and according to police captain Alonzo Howell, he has been placed on administrative leave.

According to reports, Tragessor was driving his own vehicle on U.S. Highway 32 when he ran off the road and collided with a road sign. He refused to submit to a Breathalyzer test and it was determined that he was driving under the influence.

In 2003, Tragessor was honored by Mothers Against Drunk Driving’s Southeastern branch for his significant number of DUI arrests that year.

DUI, Manslaughter Charges Certified To Grand Jury In James City County

Bob@BobBattleLaw.com (Blog Author)11787 — Sun, 10 May 2009 08:00:00 EST

A DUI manslaughter case has been certified to a Williamsburg-James City County jury by Judge Colleen Killilea.

In the incident that led to the case, 19-year-old Christopher Mellis was leaving his Friday night shift at Paul’s Deli in Williamsburg and driving alone in his Chrysler Cirrus at approximately 11:30 p.m. on April 10 when he was involved in a head-on collision with a Jeep Liberty. According to a witness, the Jeep’s headlights were not on. A third vehicle barely missed being hit.

The first person to reach Mellis’ vehicle after the crash discovered him pinned inside the vehicle…in the back seat.

According to the testimony of eyewitness Dana Clay, she was stopped at the intersection of Richmond and Barnes roads when she saw Mellis’ Cirrus spin about three or four times before eventually coming to a stop. She then called 911.

Clay said that while she was waiting for police and medics to arrive, she rushed over to the Jeep, but found the door open with no one inside. She said she never saw the driver and he never returned to the vehicle.

Firefighter and medic Jason Watkins arrived at the scene about 10 minutes later with the James City County Fire Department. He said that Mellis was still pinned in the back seat of his vehicle when he was pronounced dead.

Around the same time, James City Police Officer Chris Gibson arrived at the scene. He said several witnesses had gathered at the scene. Among them was Matthew Burch.

At a preliminary hearing into whether Burch would face charges of felony involuntary manslaughter and DUI, Gibson said he had smelled strongly of alcohol. He has two prior DUI convictions on his record.

Watkins said that at the time, Burch was “confused about his time and place” and had an altered mental state while receiving ambulance transport to a local hospital. Watkins said that he had suffered a few small cuts to his head that were not bleeding.

Burch refused to submit to a breathalyzer test, but according to forensic toxicologist Dr. Les Edinboro, a vial of his blood was tested at the hospital and showed his blood-alcohol content to be between 0.19 and 0.23, well above the legal limit of 0.08.

If indicted, Burch is scheduled to appear in circuit court in July.

Suit Says Police Shared Nude Photos Found On DUI Detainee's Cell Phone

Bob@BobBattleLaw.com (Blog Author)11786 — Sun, 10 May 2009 08:00:00 EST

The Culpeper Police Department is facing lawsuits from a pair of Culpeper residents who claim their privacy was violated by police officers and deputies deliberately shared sexually explicit photos they discovered on one of the plaintiffs’ cell phone after a DUI arrest.

The plaintiffs, Nathan Newhard and Jessie M. Casella, each seek unspecified compensatory damages and $350,000 in punitive damages from the suits they filed in U.S. District Court in Charlottesville in March. The suits name the CPD, Chief Scott Barlow, and a former sergeant alleged to have distributed the photos as defendants.

The complaints say the incident started early on the morning of March 30, 2008, when an unidentified town officer arrested Newhard and charged him with driving under the influence and three other misdemeanors.

The suits claim that while Newhard was in custody, Sgt. Matt Borders gained control of his cell phone, which had nude photographs of Casella, his girlfriend, on it. The suits say he then alerted other officers at the station and showed them the private photos without Newhard’s permission.

Then, the suits say, Borders used his police radio to invite other officers to see the photos. After alerting officers in the building, Borders is accused of using his police radio to invite other officers to view the pictures at the station.

The suits say the situation was eventually brought to Newhard and Casella’s attention by an unnamed sheriff’s deputy.

Newhard claims the incident resulted in him being forced to resign his job as a teacher with Culpeper County Public Schools after news of the incident was leaked to school officials. Casella claims that the incident has also caused serious harm to her professional care as an equine hoof care specialist.

Barlow says that Borders resigned in December. They are the only two defendants the suit identifies by name.

Richmond DUI Lawyer profiled in articles about Intoxilyzer 5000's last days in Virginia

Bob@BobBattleLaw.com (Blog Author)11672 — Wed, 06 May 2009 08:00:00 EST

The Virginia Lawyers Weekly newspaper published two articles on the last days of the Intoxilyzer 5000 in Virginia. The first article titled "Last gasp for breath test machine?" featured several attorneys who were attacking the reliability of the Intoxilyzer 5000, including Richmond VA DUI Lawyer Bob Battle. This article mentioned Battle's DUI case in Fairfax County where he was able to get a judge to order that his expert electrical engineer be allowed to examine the machine. ( See Fairfax VA agrees to Reduce DUI charge hours before Court Ordered Intoxilyzer Inspection.)

The second Virginia Lawyers Weekly article, "Commonwealth replaces Intoxilyzer machines" reported on the efforts of other attorneys following Bob Battle's lead and who succeeded in getting the Fairfax Intoxilyzer 5000 machines tested. According to the article, Fairfax lawyer Scott Surovell reported that:
"not one of the four available Intoxilyzer machines was able to analyze a breath sample during the court-ordered testing. He said one machine showed the presence of substances that interfered with the test. The other machines either were already out of service or were too unstable to provide a reading."

Richmond VA Drunk Driving Lawyer Bob Battle's words thus appear to be prophetic. When asked by the Virginia Lawyers Weekly about the Intoxilyzer 5000, Battle predicted:
Battle compares the Intoxilyzer 5000 to the seemingly all-powerful Wizard of Oz. “Once they roll back that curtain, they’re going to find this machine is not the perfect machine they make it out to be,” he said. “It’s really an outdated contraption.”

Minnesota Supreme Court Upholds Order to reveal Intoxilyzer 5000 Source Code

Bob@BobBattleLaw.com (Blog Author)11670 — Wed, 06 May 2009 08:00:00 EST

The Minnesota Supreme Court last Thursday upheld a lower court's decision to require production of the source code used by breath testing machines. This "source code" is the computer software which converts a small sample of breath into a calculation of the estimate of blood alcohol content in the person's system. When Dale Lee Underdahl and Timothy Arlen Brunner were both charged with DUI in separate cases in 2006 and 2007, they sought access to the source code for the Intoxilyzer 5000EN. Virginia recently replaced the last of the Intoxilyzer 5000 models with a different machine.

State officials in Minnesota resisted the defendants' requests, claiming the software controlling the device was not relevant and, in any case, it was private information under the sole control of the machine's manufacturer, CMI Inc. CMI claimed the information was a "trade secret" and refused a district court order to produce the code. This led to the prospect that the charges against Underdahl and Brunner would be dismissed for lack of evidence, so before this could happen, the state asked the court of appeals to strike down both discovery requests. The appeals court agreed with the state.

The majority of the MN Supreme Court, however, turned down Underdahl's request simply because he failed to make a sufficient argument in the court's eyes to establish the relevance of the breath testing machine's underlying software. To require disclosure, the court ruled that the defense must make an argument to establish relevance. Because Brunner submitted nine exhibits to bolster his claim, the high court ruled that the district court court judge had the discretion to mandate its disclosure. Brunner offered evidence of faulty source code procedures uncovered in New Jersey and problems with voting booths using similar technology. Both of the DUI court cases can now move forward.

Click the link to read the full Minnesota Supreme Court Source Code Ruling.

Legislation Would Required Special Plates For DUI Offenders

Bob@BobBattleLaw.com (Blog Author)11455 — Thu, 30 Apr 2009 08:00:00 EST

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.

DUI Charges Against Former Police Officer Dropped

Bob@BobBattleLaw.com (Blog Author)11454 — Thu, 30 Apr 2009 08:00:00 EST

On April 29, the DUI charges a former Pickens, South Carolina police officer was facing were dropped by a judge.

The former officer, Irving “Rocky” Simmons appeared in court to face the charges that stemmed from a 2008 incident. However, the state trooper who cited him failed to show up and the judge dropped the case.

According to a South Carolina Highway Patrol spokesman, Simmons was off duty on New Year’s morning 2008 when he crashed his patrol car at approximately 2 a.m.

According to police, Simmons ran off the road to the right, overcorrected, crossed the road, and collided with a tree.

Lance Cpl. Kathy Hiles of the South Carolina Highway Patrol said that Simmons did not suffer any serious injuries in the crash. She said he was charged with DUI and taken to the Anderson County Detention Center.

Hiles said that Simmons was the only occupant of the vehicle.

Simmons’ arrest resulted in his firing from his job as a patrol officer working advance DUI cases with the Pickens Police Department.

Man Charged With Reckless Driving In Crash That Killed No. Virginia Man

Bob@BobBattleLaw.com (Blog Author)11453 — Thu, 30 Apr 2009 08:00:00 EST

Reckless driving charges have been filed against a man involved in an accident that took the life of a Northern Virginia man.

Police have charged San Gabriel, California resident Peng Jiang with reckless driving over the incident.

Police say that at approximately 10:30 p.m. on April 26, Jiang pulled off the shoulder of Interstate 81 and entered the northbound lanes. Police say that was when his truck was rear-ended by a car driven by Ronald Edward Cook III, who was pronounced dead at the scene.

Ferrum College Student Charged With Reckless Driving After Route 40 Crash

Bob@BobBattleLaw.com (Blog Author)11405 — Wed, 29 Apr 2009 08:00:00 EST

NFL Player From Newport News Found Guilty Of DUI

Bob@BobBattleLaw.com (Blog Author)11404 — Wed, 29 Apr 2009 08:00:00 EST

On April 21, an NFL football player and Newport News native was found guilty of driving under the influence early one morning in March.

Newport News General District Court Judge Richard C. Kerns gave 30-year-old David T. Macklin, a former Kansas City Chief and current free agent, a six-month suspended jail term, a $250 fine, and a restricted driver’s license allowing only for him to drive to work.

Macklin played for Menchville High School and Penn State University before entering the pros nine years ago.

Macklin was cut from KC’s roster on March 18, five days after his DUI arrest.

On March 13, police pulled Macklin over shortly after 3 a.m. because of the dark window tint on his 2005 BMW, according to court records.

However, according to Virginia State Police Trooper J.R. Street, he detected a “strong odor” of alcohol and Macklin performed poorly on field sobriety tests.

Macklin was given a breath test, in which his blood-alcohol content measured 0.11, more than the legal limit of 0.08.

Police say Macklin, the only occupant of the vehicle, fully cooperated.

Macklin was charged with first-time DUI, a misdemeanor, and having illegal tint on his windows. Kerns acquitted him of the charge for his window tint.

Macklin’s attorney says that he plans to file an appeal of the DUI conviction to Newport News Circuit Court.

Virginia Beach Man Arrested For DUI After Hit-And-Run With Pedestrian

Bob@BobBattleLaw.com (Blog Author)11403 — Wed, 29 Apr 2009 08:00:00 EST

A Virginia Beach man has been arrested and charged with driving under the influence and felony hit and run after a fatal accident with a pedestrian in Virginia Beach.

According to police, 57-year-old Virginia Beach resident David Paul Lucas was crossing Virginia Beach Blvd. on April 23, when he was struck by a Nissan Xterra driven by 25-year-old Virginia Beach resident Brandon W. Meck.

A patrolling K-9 officer witnessed the collision while stopped at a traffic light.

According to Public Information Officer Jimmy Barnes, the officer stopped to provide first aid, but Meck fled the scene. A witness followed him and told police the license plate number and the direction he was heading.

Barnes said police apprehended Meck approximately a mile from the scene. He was arrested on charges of DUI and felony hit and run and placed in the Virginia Beach Correctional Facility without bond.

Drunk Drivers At Pentagon Wind Up In Alexandria Federal Court

Bob@BobBattleLaw.com (Blog Author)11402 — Wed, 29 Apr 2009 08:00:00 EST

Shortly after midnight, a black Honda Element sped toward the Pentagon, speeding through a stop sign. Police pulled the driver over and saw that the driver was unable to stand steadily, slurred his speech, and smelled of alcohol.

The driver, 44-year-old Michael Songer, had taken a wrong turn at the Pentagon complex, a maze of roads which has unintentionally become an effective snare for motorists in Northern Virginia who are driving under the influence.

Nearly every other night, there is a person who gets behind the wheel that shouldn’t and ends up lost among the confusing streets and parking lots around the U.S. military headquarters. Many of them drive from Washington D.C. to Virginia, exit the highway too soon, and end up in a heavily guarded, unfamiliar area. Pentagon police spokesman Chris Layman says they’re easy to spot, as not many people visit the site at midnight and many are spotted going the wrong way on a one-way street.

Layman says that sometimes these drivers wind up driving around in circles or collide with a barrier or curb. Finding one’s way around the roads surrounding the Pentagon can be a difficult task, even when sober. Those driving under the influence barely have a chance.

Already in 2009, there have been 58 motorists charged by Pentagon police with DUI. In 2008, there was a total of 128.

The majority of the arrests occur between midnight and 4 a.m., when the complex is practically empty, and typically on Boundary Channel Drive, which is a straight stretch that tempts many drivers to speed.

Typically the drivers caught are driving to and from night spots in places like Georgetown, Pentagon City, and Crystal City. Three of the drivers arrested within the past 15 months have been Pentagon employees.

The fact that the three major roadways, Interstate 395, Route 110, and Route 27, intersect around the building in Arlington County contributes to the confusion.

Drivers pulled over for DUI at the Pentagon are charged with a federal crime because it occurs on government property. Their cases are handled at the U.S. District Court in Alexandria, the same courthouse known for cases such as the American Taliban fighter John Walker Lindh and 9-11 co-conspirator Zacarias Moussaoui.

Typically, the defendants in these cases plead guilty. The penalty is up to six months in jail and a $5,000 fine.

Driver Charged With DUI In Fatal JCC Wreck

Bob@BobBattleLaw.com (Blog Author)11014 — Thu, 16 Apr 2009 08:00:00 EST

Virginia State Police say that a 19-year-old man from Williamsburg died on the night of April 10 after a collision on Richmond Road involving another driver who was charged with driving under the influence.

State Police responded to a two-vehicle crash at approximately 11:45 p.m. that night at the intersection of Barnes and Richmond roads in northern James City County.

State Police Sgt. Tim Brown says that 19-year-old Christopher V. Mellis was pronounced dead at the scene of the crash.

According to Brown, 36-year-old New Kent resident Matthew R. Burch was arrested on charges of involuntary manslaughter and DUI. He is being held in the Virginia Peninsula Regional Jail without bond.

Brown says that as Mellis was northbound on Richmond Road, the 1996 Chrysler Cirrus he was driving was struck head-on by the southbound 2002 Jeep Liberty driven by Burch.

Brown said that investigators believe that the Jeep Liberty had crossed over the center line into the northbound lane, where both vehicles eventually came to rest.

Court documents reveal that the DUI charge is the third offense for Burch, making it a felony.

Burch was arraigned on charges of involuntary manslaughter, DUI, second offense possession of marijuana, third offense refusal of blood/breath test, operating a vehicle without insurance, and operating a vehicle with a radar detector or jamming device.

Police Officer Returns To Work, Despite Pending DUI Charge

Bob@BobBattleLaw.com (Blog Author)11013 — Thu, 16 Apr 2009 08:00:00 EST

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.

Newport News Police Official Barber Pleads Guilty To DUI

Bob@BobBattleLaw.com (Blog Author)11012 — Thu, 16 Apr 2009 08:00:00 EST

Newport News police captain Dawn D. Barber has long admitted to driving under the influence on Interstate 64 last summer while returning from a restaurant. On Monday, April 13, she was convicted of the charge.

On Monday Barber, who was demoted from her position as assistant chief after being arrested for DUI in August, pleaded guilty to the charge. That came in the wake of Hampton Circuit Court Judge Bonnie L. Jones denying a motion contending that a lower court was in error in a November hearing in which the court did not accept a legal maneuver that would have resulted in her being found guilty of a lesser charge.

Barber’s attorney had asserted that the law obligated General District Court Judge Albert W. Patrick to accept the procedure. He asked that the DUI conviction be “voided” and a reckless driving conviction be imposed instead.

After a hearing that lasted an hour, the motion was denied by Jones.

Jones said that state law provides Circuit Court judges with the authority to hear appeals of lower court cases, such as a new trial on the DUI charge, but not to “unravel” lower court procedures.

On August 16, Barber, 44, was pulled over at approximately 9:40 p.m. after a state trooper said that she had been weaving in traffic and nearly struck another vehicle.

Barber was given a breath test and her blood-alcohol content was measured to be 0.12, exceeding the legal limit of 0.08.

State law says that when a person is charged with both DUI and reckless driving as part of the same incident, as is typical in DUI cases, judges are required to dismiss one of the charges. The reckless driving count, which carries a lighter punishment, is typically the one thrown out.

However, Barber’s attorney sought to have her plead no contest to the reckless driving charge and have the DUI charge dismissed because only one charge could proceed. He cited part of a state law that says, “The court shall not refuse to accept a plea of (no contest).”

However, Patrick refused to accept the maneuver and found Barber guilty of DUI. She was given the usual punishment for a first offense, 30-days suspended jail time, a one-year driver’s license restriction allowing her to drive for work, a $250 fine, and mandatory alcohol counseling.

Fossella Cites Adenhart Tragedy As Reason For Guilty Plea In DUI Case

Bob@BobBattleLaw.com (Blog Author)11011 — Thu, 16 Apr 2009 08:00:00 EST

In a surprise about-face, former Rep. Vito Fossella pled guilty to charges of driving under the influence in Alexandria on April 13. He says the change was brought about after he learned of the recent death of 22-year-old rookie Anaheim Angels pitcher Nick Adenhart in an alleged DUI crash.

Fossella, 43, will serve five days in prison, forfeit his Virginia driver’s license for a period of one year, pay a $250 fine, and take a safety course. He is also expected to remain out of trouble for a year.

Fossella’s drunken driving arrest in May 2008 led to the revelation that he had a secret mistress, retired Air Force Col. Laura Fay, and child, without the knowledge of his wife, Mary Pat, and three kids living in Staten Island, New York. The scandal ended his career and his plans to seek reelection.

The former GOP lawmaker had been expected to face a local jury in an appeal of his conviction for misdemeanor DUI last year after his blood-alcohol content was said to have been more than 0.15 percent.

Instead, he entered the court at 9 a.m. and pleaded guilty. His attorney said that he had apparently been moved by Adenhart’s death.

Adenhart was killed in a crash by an alleged drunk driver, one day after earning a win in his first career start as a major leaguer.

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

Bob@BobBattleLaw.com (Blog Author)11010 — Thu, 16 Apr 2009 08:00:00 EST

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.

Browns Receiver Donte Stallworth Charged With DUI Manslaughter

Bob@BobBattleLaw.com (Blog Author)10568 — Thu, 02 Apr 2009 08:00:00 EST

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.

Man Charged With DUI On A Motorized Barstool

Bob@BobBattleLaw.com (Blog Author)10567 — Thu, 02 Apr 2009 08:00:00 EST

Citations for driving under the influence are handed out by police all the time. However, police in Newark, New Jersey recently encountered a first.

Kile Wygle was charged with OVI by police while he was on a motorized barstool.

According to the incident’s police report, Wygle admitted to having consumed “more like 15” beers the day before crashing the barstool on over-drive.

Wygle was cited for the incident because operation of any type of motorized vehicle while under the influence is prohibited by law.

Wygle says he has no plans of driving the infamous barstool again.

Six Charged With Fixing DUI Cases In Johnston County, NC

Bob@BobBattleLaw.com (Blog Author)10566 — Thu, 02 Apr 2009 08:00:00 EST

On March 30, a grand jury in Johnston County, North Carolina indicted a former prosecutor, a former court clerk, and four defense attorneys on charges that they had been fixing DUI cases.

Those indicted in the case were former Assistant District Attorney Cyndi Jaeger, former assistant court clerk Portia Snead, and defense attorneys Chadwick Lee, Jonathan Lee Hatch, Jack McLamb, and Vann Sauls.

Jaeger has been charged with three felony counts of obstruction of justice and could face 81 misdemeanor counts of failure to perform her duty of office. Snead has been charged with six counts of altering official case records, felony obstruction of justice, and illegally accessing a government computer. Lee has been charged with 65 counts of altering official case records, felony obstruction of justice, and conspiracy. Hatch has been charged with 30 counts of altering official case records and felony obstruction of justice. Sauls has been charged with 11 counts of altering official case records, felony obstruction of justice, and conspiracy. May 4 is the date the possible charges are expected to be discussed by a grand jury.

In 2008, Johnston County District Attorney Susan Doyle requested that the State Bureau of Investigation look into the county’s high rate of drunken-driving cases being dismissed. Raleigh, NC TV station WRAL conducted its own investigation and learned that in 2006, 46 percent of the DUI charges filed in Johnston County had been dismissed, in comparison to 20 percent in neighboring Wake County and 21 percent statewide.

According to Doyle, a tracking system installed in October 2007 discovered multiple discrepancies in cases that had been scheduled to go to trial, but were dismissed months earlier.

According to sources, Jaeger provided at least one defense attorney with a stack of signed dismissal forms, forms which continued to be used in cases after she left the Johnston County prosecutor’s office in September 2007. She later found employment as an assistant district attorney in Randolph County, but left that position on March 25.

The prosecution of the case will be handled by the Attorney General’s Office.

Staunton Man Rasnake Sentenced To Four Months

Bob@BobBattleLaw.com (Blog Author)10366 — Sat, 28 Mar 2009 08:00:00 EST

On March 26, Jeremy Rasnake of Staunton, who was convicted of involuntary DUI manslaughter in February, was sentence to four months in prison in connection with a May 2008 crash on Route 340 that took the life of a 40-year-old mother of three.

The sentence recommended by sentencing guidelines is at least 10 months in prison for a charge of involuntary manslaughter.

Assistant Commonwealth’s Attorney Angela Landes argued that the four-month sentence was “way out of line.”

Rasnake, 21, had two convictions of reckless driving as a juvenile.

However, Judge Victor V. Ludwig upheld the decision of the jury. Rasnake’s driver’s license was also indefinitely suspended. He can apply for a restricted license after three years have elapsed.

On May 23, Rasnake was northbound on Route 340 in a blue 1988 Ford Bronco when he fell asleep at the wheel, drifted across the center line, and struck the 1994 Ford Thunderbird driven by Grottoes resident Cheryl Lynn Sheaves head-on.

Sheaves was transported to University of Virginia Medical Center in Charlottesville, where she died the following day.

Rasnake initially faced an aggravated involuntary DUI manslaughter charge, which could have meant a maximum sentence of 20 years in prison.

The role of alcohol in the accident was at issue during the trial. The jury was in deliberation for more than an hour before finding Rasnake guilty of the reduced charge of involuntary DUI manslaughter.

Rasnake’s attorney said that he was “clearly remorseful.”

NFL Receiver Stallworth May Have Been DUI In Fatal Crash

Bob@BobBattleLaw.com (Blog Author)10365 — Sat, 28 Mar 2009 08:00:00 EST

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.

St. Patrick's Day Celebrations Draw Police Attention

Bob@BobBattleLaw.com (Blog Author)10364 — Sat, 28 Mar 2009 08:00:00 EST

State and local police in Virginia were out in force on St. Patrick’s Day to enforce laws against drunken drivers. The holiday is a festive one that law officers and highway safety officials have come to dread.

Virginia State Police superintendent Col. W. Steve Flaherty said that St. Patrick’s Day has “become quite a deadly holiday” within the past several years.

Flaherty and representatives of AAA Mid-Atlantic joined together at a news conference on March 16 at Siné pub in Richmond's Shockoe Slip to urge people to drink in moderation, use designated drivers, and not get behind the wheel after drinking.

Police in Richmond didn’t wait until St. Patrick’s Day to begin. They started on Thursday, March 12 due to weekend celebrations. They say they made 654 drunken-driving arrests during a comparable holiday period last year.

Siné, a popular Irish pub on East Cary Street, drew thousands to its 10th annual St. Patrick's Day festival on March 14. The management at the pub fully supports the police’s tough drunken driving message.

Virginia law enforcement is trying to build on positive trends. During the first 10 months of 2008, the state recorded 292 alcohol-related fatalities. That number is a decrease from the same period in 2007, when there were 320 recorded alcohol-related deaths.

In 2008, there were 821 traffic fatalities on Virginia roads. That number is a decrease from 1,021 in 2007, and a record low for more than 40 years.

In 2008, there were 71 drivers involved in 45 alcohol-related crashes on St. Patrick’s Day in Virginia. The majority of those took place in Richmond, Fairfax County, and Smyth County. Approximately two-thirds, or 65 percent, of the drivers involved were reported to have been drinking.

In comparison to those statistics, there were 77 drivers involved in 49 alcohol-related crashes on the holiday in 2007 in Virginia. Sixty-two percent of those 77 drivers had been drinking. The most alcohol-related crashes that year were in Fairfax County, Hampton, and Portsmouth.

Across the U.S., the National Highway Traffic Safety Administration says, there have been 327 fatalities in alcohol-related crashes over St. Patrick’s Day over the past five years. That accounts for approximately 38 percent of all traffic fatalities over the holiday during that period.

In 2007, there was one St. Patrick’s Day fatality in an alcohol-related crash in Virginia. There were none in 2008.

Chiefs DB Macklin Arrested For DUI In Newport News

billsullivan41@gmail.com (Blog Author)9982 — Mon, 16 Mar 2009 08:00:00 EST

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.

Lindsay Lohan At It Again - Charged With DUI

billsullivan41@gmail.com (Blog Author)9981 — Mon, 16 Mar 2009 08:00:00 EST

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.

Miss May Arrested For DUI

billsullivan41@gmail.com (Blog Author)9980 — Mon, 16 Mar 2009 08:00:00 EST

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.

New Redskins DT Haynesworth Indicted For Reckless Driving

billsullivan41@gmail.com (Blog Author)9979 — Mon, 16 Mar 2009 08:00:00 EST

Defensive tackle Albert Haynesworth, recently signed by the Washington Redskins, was indicted on March 12 for reckless driving stemming from a traffic accident in Tennessee in December in which another driver suffered serious injuries.

A grand jury in Williamson County, Tennessee handed down the indictment on two misdemeanor charges: reckless driving and having an expired registration. According to the district attorney’s office, reckless driving carries a maximum penalty of six months in jail and a $500 fine, and Haynesworth could receive another 30 days in jail and $50 fine for the second charge.

Haynesworth was released after he surrendered on March 11 and is scheduled for arraignment on March 30. He is not required to appear for court.

Haynesworth signed with the Redskins on February 27 and was a two-time all-pro performer during his time with the Tennessee Titans.

Two Charged With Reckless Driving And Three Injured In Campbell County Crash

billsullivan41@gmail.com (Blog Author)9978 — Mon, 16 Mar 2009 08:00:00 EST

Two people have been charged with reckless driving after a Campbell County crash on March 12, just south of Lynchburg, that resulted in three people being sent to the hospital after their SUV overturned.

According to Trooper J.L. Doss of the Virginia State Police, 48-year-old Doris Dalton was driving west on Eastbrook Road in the direction of U.S. 501 shortly after 3:30 p.m. She told police that she ran slightly off the right side of the road and 20-year-old Michael Roberts, a passenger, reached out from the rear passenger seats to grab the steering wheel in an attempt to correct, but the vehicle went off the left side of the road and overturned. As a result, Dalton became trapped between the steering wheel and her seat.

Dalton said that the Concord Volunteer Fire Department and Rustburg Fire & Rescue assisted State Police at the scene and Dalton was extracted from the vehicle within approximately 15 minutes.

Dalton, Roberts, and 37-year-old Debra Lunsford, another passenger, all received transport to Lynchburg General Hospital with injuries believed to be non-life-threatening, according to Doss. There was also a 10-year-old girl traveling in the vehicle with them, but she suffered no injuries. Doss said that none of the occupants were wearing seatbelts and police charged Dalton and Roberts with reckless driving.

Goochland Virginia judge orders defense inspection of DUI breath machine

Bob@BobBattleLaw.com (Blog Author)9812 — Tue, 10 Mar 2009 08:00:00 EST

Richmond Virginia DUI Lawyer Bob Battle was the first lawyer in Virginia to successfully convince a Virginia judge to allow a defense expert to examine the breath machine in a DUI case. The machine at issue in this case before Goochland County Circuit Court Judge Timothy K. Sanner is an Intoxilyzer 5000. Virginia is presently phasing out this model of machine and the Intoxilyzer 5000 in question has been retired and the new model is in use in Goochland County. The new model is known as an EC/IR II.

At issue in this case is the fact that the chopper motor on this particular machine was replaced. Alka Lohmann, former Breath Alcohol Section Chief , the representative of the Virginia Division of Forensic Science (“DFS”), testified that the state has no idea what brand of chopper motor was put into this machine. Bob Battle argued that a defense electrical engineer should be allowed to examine this machine to determine what type of motor was put in the machine and to check to see if this had any affect on the performance of the machine.

Read more about Virginia DUI Breath Machine to be Tested by Defense Expert

Tentative Date Set For Councilman's DUI Case

billsullivan41@gmail.com (Blog Author)9723 — Sat, 07 Mar 2009 08:00:00 EST

The DUI case of Culpeper Town Councilman Robert M. “Bobby” Ryan has tentatively been set to go to court at 2 p.m. on May 13.

The defense is in place, but a special prosecutor has not yet been appointed to try the case. Once that takes place, the date could change.

Special prosecutors are usually used in cases involving elected officials in order to avoid a conflict of interest.

Ryan and his attorney were not in General District Court when the date was set, and the case was only discussed in very general terms.

Ryan, 64, is facing a charge of second offense DUI after his February 26 arrest by an off-duty State Police special agent in Culpeper. Later that afternoon, he was released on $2,000 bond.

Virginia State Police spokesman Sgt. Les Tyler said that Ryan was stopped on Sunset Lane at approximately 12:30 a.m. after he was observed driving erratically.

Special Agent N.R. White wrote in a warrant filed in General District Court that he witnessed Ryan’s vehicle cross the center line 12 times. According to court documents, Ryan’s blood-alcohol content was 0.17, more than twice the legal limit of 0.08.

Ryan, a native of Culpeper, was elected to Town Council in May. He previously served on council from 1994 and 2002 and was vice mayor in his last two years.

Ryan’s previous DUI conviction came in June 2004, according to court records. He paid a fine of $250, paid court costs of $166, and had his license suspended for a year.

Another State Wants Ignition Interlocks For First Offense DUI

billsullivan41@gmail.com (Blog Author)9722 — Sat, 07 Mar 2009 08:00:00 EST

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.

Jury Finds Insufficient Evidence Take Reckless Driving Case To Trial

billsullivan41@gmail.com (Blog Author)9720 — Sat, 07 Mar 2009 08:00:00 EST

On February 20, a grand jury in Salem found that there was insufficient evidence for a reckless driving case involving the traffic death of a female pedestrian in December to go to trial.

After the fatal December 12 accident in which Eva Marie Johnson died, Philip Henry Peterson was charged with reckless driving. An investigation by the Salem Police Department said that Peterson was driving a van on Hemlock, had his turned signal on, and was preparing to make a right hand turn onto Roanoke Boulevard near the Salem Veterans Affairs Medical Center shortly after 10:15 a.m.

Sgt. T.B. Carroll Sr. interviewed Peterson and a witness and received conflicting stories. The witness said that Peterson made a rolling stop, and then began to turn and the driver’s side of the vehicle struck Johnson, who was crossing the road but was not in the crosswalk. Peterson said that Johnson ran into the roadway as he was turning and there was no possible way to avoid a collision.

Johnson was taken to Roanoke Memorial Hospital with injuries to her head and left leg, but later died of a closed-head trauma shortly before 2 p.m. after surgery, according to police.

On February 27, Salem Commonwealth’s Attorney Tom Bowers issued a statement to point out that a driver must be disregarding the consequence of his actions and indifferent to another person or property’s safety in order to prove reckless driving under Virginia law.

According to Salem Police, there was no evidence of Peterson driving at an excessive speed, but having his turn signal on and, according to the driver, Johnson seeming to speed up in order to get past his vehicle.

Bus Driver Charged With Reckless Driving After Crash

billsullivan41@gmail.com (Blog Author)9544 — Mon, 02 Mar 2009 08:00:00 EST

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.

Staunton Man's DUI Manslaughter Trial Underway

billsullivan41@gmail.com (Blog Author)9543 — Mon, 02 Mar 2009 08:00:00 EST

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.

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

billsullivan41@gmail.com (Blog Author)9542 — Mon, 02 Mar 2009 08:00:00 EST

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.

Man Charged With DUI In Brother's Death

billsullivan41@gmail.com (Blog Author)9490 — Sat, 28 Feb 2009 08:00:00 EST

A man from Pittsylvania County has been charged with driving under the influence following a fatal U.S. 29 accident on February 22 that resulted in the death of his brother.

Virginia State Police said that 45-year-old Dennie Simms, the driver, 43-year-old Timmy Simms, his brother, and 25-year-old Michael Grogan, another passenger, were southbound on U.S. 29 in a 1995 Ford Ranger pick-up on the west side of the road when the vehicle overturned just north of U.S. 360 at around 7:00 p.m.

The Simms brothers received transport to Danville Regional Medical Center. State police say Timmy Simms was pronounced dead at the hospital as a result of the injuries he suffered in the crash. Dennie Simms and Grogan received treatment for non-life-threatening injuries.

Police charged Dennie Simms with DUI and the accident remains under investigation.

Suit Claims Officer Falsified DUI Claims

billsullivan41@gmail.com (Blog Author)9489 — Sat, 28 Feb 2009 08:00:00 EST

As James Dean Jr. was leaving a police station on Chicago’s North Side after an arrest for driving on a suspended license in February 2007, he believed his troubles were over for the day.

According to his attorney, Dean was warned by a sergeant at the Town Hall police station near Wrigley Field to not drive again. Dean then asked if he could retrieve his coat from the car and the sergeant told him yes.

Dean’s attorney said that he got into the car and was ordered by Officer Richard Fiorito to move it. When Dean complied with the order, the officer switched on his squad car’s emergency lights and pulled Dean over, arresting him for making an illegal U-turn, driving on a suspended license, and driving under the influence, according to the suit Dean filed in federal court on February 24.

According to Dean, he would not have been initially released on a personal recognizance bond by police if he had been drunk, noting that his DUI arrest was only four minutes after he left the station. According to the suit, the Cook County state’s attorney’s office eventually dropped the charges.

Within the past year, there have been two other officers that have been the subject of internal police investigations for their DUI arrests.

According to sources, 59-year-old Joe D. Parker, an officer in the Chicago P.D.’s Traffic Enforcement Unit, has been placed on desk duty and prosecutors have moved for the dismissal of dozens of his DUI arrests.

Meanwhile, Cook County prosecutors have charged Officer John Haleas with perjury, official misconduct, and obstruction of justice. He has been accused of failure to take important steps in making a 2005 DUI arrest. According to prosecutors, he failed to perform a field-sobriety test and lied in his reports. As a result, more than 50 cases stemming from DUI arrests made by the 38-year-old have been dropped.

Dean’s attorney said that he believes officers have an incentive for making false DUI arrests: overtime from court appearances. He also believes they do it to receive recognitions from anti-DUI organizations like Alliance Against Intoxicated Motorists, which named Parker, Haleas, and Fiorito “top cops” in DUI arrests. AAIM said that Fiorito made 230 DUI arrests in 2006.

Newport News Police Official Appealing DUI Conviction

billsullivan41@gmail.com (Blog Author)9488 — Sat, 28 Feb 2009 08:00:00 EST

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.

Proposed Texting While Driving Ban Headed To Senate

billsullivan41@gmail.com (Blog Author)9487 — Sat, 28 Feb 2009 08:00:00 EST

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.

Fairfax County DWI Directed Patrols Misdirected!

Bob@BobBattleLaw.com (Blog Author)9486 — Sat, 28 Feb 2009 08:00:00 EST

On February 20, police officers in Fairfax County conducted directed DWI patrols throughout the West Springfield District between 10 p.m. and 2 a.m.

Motorists police suspected of being intoxicated were stopped and tested to ensure their driving abilities had not been impaired by alcohol or drugs.

The effort was largely ineffective. Police stopped approximately 62 motorists, but only two of those were actually arrested for DWI. Seven others were issued summonses for other traffic offenses.

A similar effort was conducted throughout the Sully District on January 9 between 10 p.m. and 2:30 a.m. In that patrol, police stopped 50 motorists, but only one was arrested for DWI. Three additional criminal arrests were made and 12 traffic offense summonses were issued.

Eight officers and one auxiliary police officer participated in each operation.

Comic Relief- Bob Battle's comedy routine about Lent and Ash Wednesday

billsullivan41@gmail.com (Blog Author)9412 — Wed, 25 Feb 2009 08:00:00 EST

Bob Battle has moonlighted as a professional comedian for 20 years. On Ash Wednesday 2009, he shares one of his most well-known routines about Lent and Ash Wednesday.
Lent

Mother Arrested For DUI In School Pick-Up Line

billsullivan41@gmail.com (Blog Author)9359 — Mon, 23 Feb 2009 08:00:00 EST

A South Carolina mother who was at a middle school to pick up her child on February 18 was arrested for driving under the influence after police say she failed a field sobriety test.

According to Greenville police, at around 2:45 p.m., they were called to Greenville Middle Academy concerning a minor traffic accident at the pick-up line in front of the school.

An officer said that when he asked 49-year-old Marcia Peyrouse Gaines, one of the drivers involved, for her license and registration, she fumbled around and seemed unsteady on her feet.

According to Greenville Police Cpl. Jason Rampey, the officer said she then presented a credit card, rather than her driver’s license.

The officer then noticed the smell of alcohol and a field sobriety test was performed.

Police arrested Gaines, who submitted to a blood-alcohol test. Her blood-alcohol content was 0.23, nearly three times the legal limit of 0.08.

Gaines has been charged with first offense DUI, which combined with her blood-alcohol level, carries a fine of at least $1,000 or a jail sentence of up to 90 days.

Man Arrested For DUI After Fatal Snowmobile Crash

billsullivan41@gmail.com (Blog Author)9358 — Mon, 23 Feb 2009 08:00:00 EST

Police arrested a man from Holland, Massachusetts for driving under the influence on a snowmobile after an alleged crash which took the life of a female passenger.

Massachusetts State Police say 37-year-old Chris Corriveau was operating a 2002 Polaris snowmobile on a trail in Wales, Massachusetts when it veered off the path into a patch of rocks.

According to state police, 36-year-old East Brookfield, Massachusetts resident Lori Mosher was pronounced dead at the scene.

Police charged Corriveau with motor vehicle homicide, DUI, and unsafe operation.

Man Arrested For Fourth DUI After Collision With Ambulance

billsullivan41@gmail.com (Blog Author)9357 — Mon, 23 Feb 2009 08:00:00 EST

Police in South Carolina say that the driver of a car that crashed into an ambulance in Spartanburg County has been placed under arrest for driving under the influence. Police say it is the man’s fourth DUI arrest.

According to Troopers, a southbound Honda attempted to turn left in front of the ambulance late at night on February 20. Police say the car struck the ambulance and the driver ran off.

The driver, 25-year-old Jesus Jaurez, was later arrested by Spartanburg County Sheriff’s Deputies. He was charged with his fourth DUI offense, driving without a license, fleeing the scene of an accident, and open container. He was taken to Spartanburg County Detention Center and a bond of $8,000 was set.

Man Issued More Than 50 Traffic Violations In One Day

billsullivan41@gmail.com (Blog Author)9356 — Mon, 23 Feb 2009 08:00:00 EST

On February 5, a Florida man was arrested on more than 50 traffic citations — all of which came in the same day.

According to police, 46-year-old Elvis Alonzo Barrett fled from police who were trying to pull him over for a traffic violation on the morning of the arrest. They say he ran through red lights, collided with another car, and crashed through a fence. Crack cocaine and a crack pipe were discovered by police in the man’s car.

Barrett is faced with several charges, including fleeing and eluding police and reckless driving. He was also issued more than 50 traffic citations on charges including speeding, running red lights, and failing to wear a seat belt.

Police say Barrett has a lengthy criminal history and his driver’s license had been suspended.

Two San Diego Chargers Arrested For DUI Within A Month

billsullivan41@gmail.com (Blog Author)8805 — Fri, 06 Feb 2009 08:00:00 EST

Jamal Williams, defensive tackle for the San Diego Chargers, has been arrested on suspicion of driving under the influence, making him the second Charger to be arrested for DUI in less than a month.

On February 1, Williams was pulled over for speeding on a freeway outside downtown San Diego, according to the California Highway Patrol. Williams submitted a blood sample for a blood-alcohol test, but the results were not yet known. He was booked into county jail and released on bail.

On January 6, five days before the Chargers lost to the Pittsburgh Steelers in the playoffs, receiver Vincent Jackson was arrested on suspicion of DUI. He is due in court February 17. According to the CHP, he was on probation for a previous DUI offense.

Williams, an 11-year-veteran, shared the Chargers’ Most Valuable Player Award with quarterback Philip Rivers this past season.

State Weighs Driver Cell-Phone Ban

billsullivan41@gmail.com (Blog Author)8804 — Fri, 06 Feb 2009 08:00:00 EST

Several bills before the Virginia General Assembly are seeking to ban text-messaging and the use of cell phones and other wireless devices while driving in Virginia.

The District of Columbia and five other states currently have such bans in place for drivers.

Senator Patricia S. Ticer (D-Alexandria) is in support of banning all cell phones, including hands-free devices such as Bluetooth headsets.

Ticer said she believes it is “common sense” that any distractions from cell phones are bad, believing text messaging distractions to be doubly bad.

Seventeen states and the District of Columbia currently have bans on the use of cell phones in place for novice drivers (those under 18 or who still have learner’s permits), but no states currently have bans for hands-free devices in place.

There are bills in the House of Delegates proposing a ban on cell phones providing an exception of wireless devices sponsored by Delegates Algie T. Howell (D-Norfolk) and Robert “Bobby” Mathieson (D-Virginia Beach).

Bills from Senator Janet D. Howell (D-Reston), Delegate John A. Cosgrove (R-Chesapeake), and Delegate James "Jim" M. Scott (D-Merrifield) seek to outlaw the use of text messaging only.

Virginia would be the eighth state, along with Washington D.C., to have text messaging banned for all drivers.

Senator Harry B. Blevins (R-Chesapeake) has sponsored another restrictive bill in the Senate that would allow for hands-free devices to be used. Blevins said that “distracted driving” is one of the major contributors to accidents and fatalities. He said that data shows that cell-phone usage, including text-messaging, is the leading cause of accidents, even more than driving under the influence.

According to Blevins, his bill has the support of the Virginia State Police, AAA, the insurance industry, and Drive Smart Virginia.

Studies show a link between the usage of cell-phones and text-messaging and traffic accidents. The Virginia Tech Transportation Institute conducted a study that discovered that nearly 80 percent of all crashes occur because of driver distraction, the main form being hand-held wireless devices. An estimate by the National Highway Traffic Safety Administration says that a driver’s chances of getting in an accident are increased by 300 percent by cell phone use.

According to a study by the University of Utah, distractions from cell-phone usage delays the response time of a driver by the same amount as having a blood-alcohol level of 0.08 percent, the amount where a DUI is issued.

Repeat Offender Indicted For Child Endangerment After DUI Arrest

billsullivan41@gmail.com (Blog Author)8803 — Fri, 06 Feb 2009 08:00:00 EST

A mother from Chesterfield county whose record shows many prior convictions has been indicted by a Chesterfield Circuit Court grand jury on charges of felony child-endangerment and driving under the influence.

The indictment against 25-year-old Daphne N. Holt was returned on Jan. 20. The DUI charge is her third since December 2003.

Authorities say that Holt was stopped by a police officer at around 9:30 p.m. on October 10, 2007 at Hull Street and Winterpock roads after witnessing her driving erratically. She was charged with felony DUI after failing a sobriety test.

Holt’s 9-month-old son was sitting unbuckled in his child-car seat. Police say the seat had not been secured to the seat of her car. The officer also discovered that Holt was driving on a suspended license from her last DUI conviction two years ago.

Holt has prior convictions for speeding, reckless driving, driving on a suspended license, failure to follow court instructions, and contempt of court. In February 2004 she was convicted for her first DUI and was fined $250 and sentenced to six months in jail. That entire sentence was suspended. In December 2006, she was convicted of DUI for the second time and fined $500 and sentenced to six months in jail with five months and 10 days suspended.

Actor Gary Collins Arrested On Suspicion Of DUI

billsullivan41@gmail.com (Blog Author)8802 — Fri, 06 Feb 2009 08:00:00 EST

According to authorities, actor and TV host Gary Collins was arrested on suspicion of driving under the influence on January 31. An arrest report revealed that he was pulled over by deputies in the coastal California county of Santa Barbara that evening after noticing him driving a motor home erratically. The California Highway Patrol arrested the 70-year-old actor after he failed a field sobriety test. He was later released on $25,000 bail.

The arrest comes around 13 months after Collins served a four-day jail sentence after pleading no contest to DUI in a Los Angeles suburb. He was placed on two years of informal probation and, according to records, he was admonished about the dangers of driving drunk.

Records also show that in 2004, Collins was convicted of DUI in Malibu.

NCAA's Winningest Baseball Coach Suspended After DUI

billsullivan41@gmail.com (Blog Author)8537 — Thu, 29 Jan 2009 08:00:00 EST

Augie Garrido, baseball coach for the Texas Longhorns, was arrested near downtown Austin, Texas on January 17 for driving under the influence. On January 23, he gave an emotional apology and announced that he would not be in the team’s dugout for their first four games.

Garrido said that he “made a serious mistake” at a press conference with the school’s athletic director DeLoss Dodds. “I drank alcohol, I got behind the wheel of a car, and that’s a bad decision,” he said.

Garrido would not take any questions at the press conference because the legal case is still pending, but he also apologized to any families who have had a loved one killed or injured by a drunk driver, saying, “I’m really glad that’s not a part of what we’re talking about here today.”

Texas’ 2009 season begins on February 20. Garrido’s suspension was effective on the day of his arrest and he will miss a four-game home stand against Illinois-Chicago. He will return February 24 for the Longhorns’ game against UT-Arlington.

Garrido is the winningest baseball coach in NCAA Division I history with 1,629 wins. He has won five national championships, three with Cal-State Fullerton and two with Texas.

Man Pleads Guilty In Fatal DUI Crash

billsullivan41@gmail.com (Blog Author)8536 — Thu, 29 Jan 2009 08:00:00 EST

A man from Madison Heights will receive sentencing in April for a wreck in March 2007 in which he was driving under the influence that caused the death of a man from Amherst about a year later.

On January 26, 45-year-old David Kennedy Martin pleaded guilty in Amherst County Circuit Court to charges of aggravated involuntary manslaughter, DUI, and second offense driving while declared a habitual offender. His sentencing is scheduled for April 8.

According to Judge Michael Gamble, the charges against Martin carry a maximum sentence of 26 years in prison.

On March 14, 2007, Ann Elizabeth Blair and her husband, Michael John Blair, had gone to dinner at the Rutledge Inn, according to Amherst Assistant Commonwealth Attorney Anthony Martin. The couple left the restaurant in their red Ford Thunderbird to head home in hopes of being home in time to watch that night’s episode of “American Idol.”

A woman who lived near the restaurant told police that she spotted the black BMW driven by David Martin at an excessive speed before it went into a skid and collided head-on with the Blairs’ vehicle, according to the prosecutor.

According to the prosecutor, David Martin was ejected from his vehicle. He received transport to the University of Virginia Medical Center where a blood test determined his blood-alcohol content to be between 0.17 and 0.18, more than twice the legal limit of 0.08.

The BMW being driven by David Martin was registered to another person. Regina Jones, the owner, told police that he did not have permission to use it.

The Blairs’ received transport to Lynchburg General Hospital. Ann Blair was eventually discharged from the hospital, but Michael Blair suffered multiple complications before his death approximately a year later at the age of 68.

Which Cars Draw The Most Tickets?

billsullivan41@gmail.com (Blog Author)8535 — Thu, 29 Jan 2009 08:00:00 EST

According to a yearlong study conducted by a company which aids insurers with identifying risks, drivers of Hummer SUVs have a 4.63 times higher likelihood of receiving a traffic ticket than the average driver.

A list of ticket magnets was compiled by ISO Quality Planning, a company based out of San Francisco, California that studied the records of 1.7 million drivers. The list confirmed several long-held notions: drivers of the 507-horsepower Mercedes-Benz CLS63 AMG and similarly powerful CLK63 AMG received outsized numbers of tickets, as well as generally young owners of the relatively inexpensive Scion tC, xB, and xA and the Audi A4 sports sedan.

Three cars not typically known for excessive speed or expressing their owners’ rebellious natures were also on the list: Subaru Outback and Toyota Camry Solara and Matrix. The Chevrolet Tahoe and Suburban, two SUVs virtually mechanically identical to the Hummer, were included on the list of least-ticketed vehicles.

Buicks, minivans, and pickup trucks shared the bottom of the list.

Analysts at ISO Quality Planning say that the number of violations drivers of Hummers incur may have a direct correlation with the sense of power they derive from the vehicles. They say it is also likely that their elevated position in the large vehicles could make them less likely to notice road hazards, signs, pedestrians, and other drivers.

ISO Quality Planning’s findings were generally backed up by insurance claims. For example, State Farm advises Hummer owners to expect premiums that are significantly higher than standard liability premiums. Likewise, owners of Scions typically face comprehensive and collision insurance rates much higher than standard rates.

Danville Police Charge Man With DUI After Fatal Crash

billsullivan41@gmail.com (Blog Author)8100 — Wed, 14 Jan 2009 08:00:00 EST

Police in Danville say that a crash on January 11 caused by the driver driving under the influence crashing into a tree resulted in the death of the vehicle’s passenger. According to investigators, the crash occurred shortly before 10:00 p.m. on Riverside Drive.

Officers say the 2005 Chevrolet Corvette driven by Pittsylvania County resident Charles Wayne Barnett Jr. ran off the road and collided with a tree in the median. Police say he was drunk.

Officers also said that Barnett’s passenger, Thomas Gardner Ford, died in the crash.

Barnett was charged with DUI.

Judge Rescinds Order For Intoxilyzer 8000 Source Code

billsullivan41@gmail.com (Blog Author)8099 — Wed, 14 Jan 2009 08:00:00 EST

A Pima County Superior Court judge has rescinded her order that a Kentucky firm divulge the software code of its alcohol breath-test machine, citing that she does not have jurisdiction to rule.

In a January 12 ruling, Judge Deborah Bernini said that Owensboro, Ky.-based CMI Inc. is not authorized to do business in Arizona and therefore, her orders in a local case do not extend beyond the borders of the state.

Defense attorney James Nesci, who is arguing issues over the Intoxilyzer 8000 manufactured by CMI in 23 unrelated DUI cases, said that the decision did not come as a surprise to him. He said that Bernini could still order prosecutors to get the source code from CMI; an issue he said is before the Arizona Court of Appeals.

Phoenix attorney Michael Parrish recently argued before Bernini that the Uniform Act maintains that an order for the code to be given up by CMI is required to come from a court in Kentucky. She agreed with his argument.

Nesci said that so far, attempts from other attorneys to get the Owensboro court, which is named in honor of a relative of CMI’s attorney, to order the company to divulge the source code have been met with failure. Bernini acknowledged that the refusal of the company to produce the information could jeopardize the prosecution of the consolidated cases.

CMI has insisted that attorneys sign a confidentiality agreement, citing their reluctance to do so as the sole cause for the delay in turning the source code over. Bernini said that courts in Arizona, Louisiana, Massachusetts, Florida, New Jersey, and Minnesota have rejected the agreement as a violation of the due process rights of an accused.

Defense attorneys had asked that Bernini find CMI in contempt of court due to its failure to deliver the source code. She said the contempt sanction “is no longer appropriate.”

In September, Bernini granted a request from the defense for the source code, citing an Arizona Supreme Court ruling: “All materials relied on by prosecution experts must be available to defense experts, and vice versa.”

Defense attorneys say that they have discovered issues traced to the software of the Intoxilyzer 8000 that can skew the results of blood-alcohol content readings.

The Tucson Police Department and other state law-enforcement agencies utilize the CMI device.

In her ruling, Bernini noted that state’s witnesses agreed that there were defects in the machine and problems with the software attributable to the source code. She said that the state’s experts say the defects are “benign,” but defense attorneys were not willing to accept those assurances.

Bernini cited evidence showing that the device would sometimes show tests that were above the legal limit when they were actually within the limit, measurements of 0.000 when there was admittance of alcohol consumption, and a machine that registered 0.83 despite not being programmed to measure more than 0.60.

Several judges in Tucson City and Pima County Consolidated Justice courts have asked for the source code and tossed out breath-test evidence in several cases, some of which were dismissed.

Deadly Virginia Beach DUI Crash Lands Driver In Jail

billsullivan41@gmail.com (Blog Author)8098 — Wed, 14 Jan 2009 08:00:00 EST

Friends and family said on January 12 that 30-year-old Virginia Beach resident Clyde. D Covington Jr. was the responsible one to them and his co-workers and supervisors at Stihl Inc. say he was a rising star. They said that made it difficult for them to believe he had been driving under the influence when he collided with the vehicle of 39-year-old Virginia Beach resident Jane Gardner, killing her, on May 4.

After the wreck, Covington’s blood-alcohol content registered at 0.09, slightly over the legal limit of 0.08. According to his attorney, he had consumed three beers while having dinner with friends before the crash.

On September 29, Covington pleaded guilty to charges of aggravated involuntary manslaughter, DUI, and failure to comply with a traffic signal. On January 12, he was sentenced to a prison sentence of five years and one month and was ordered to pay $600 in fines.

Gardner’s family testified that they had forgiven Covington, whose friends and family testified that he was a good man who made a poor decision. He apologized to Gardner’s family while on the witness stand.

Actor And Pulitzer Prize Winner Sam Shepard Arrested For DUI

billsullivan41@gmail.com (Blog Author)7856 — Tue, 06 Jan 2009 08:00:00 EST

On January 3, actor and Pulitzer Prize winner Sam Shepard was arrested on charges of driving under the influence in central Illinois.

According to Reuters, Shepard was pulled over for speeding in Normal, Illinois and was given a breathalyzer test. The test revealed his blood-alcohol content to be twice the legal limit.

Shepard, 65, was initially pulled over after being clocked at 46 mph in a 30 mph zone. He then told police he had been at a tavern and was on his way to a hotel as he was en route from Minnesota to his home in Kentucky.

Shepard was awarded the best drama Pulitzer Prize in 1979 for his play, Buried Child. His role in the 1983 film The Right Stuff earned him an Oscar nomination for best supporting actor.

Former NBA Star Antoine Walker Arrested For DUI

billsullivan41@gmail.com (Blog Author)7855 — Tue, 06 Jan 2009 08:00:00 EST

On January 5, former NBA star Antoine Walker was arrested on suspicion of driving under the influence in Miami Beach, Florida.

Police pulled Walker over after spotting him driving a black Mercedes at night without turning his lights on. Officers say they detected “a strong odor of alcohol” and that his eyes were “bloodshot.” He refused to submit to a breath test.

Walker spent several seasons as a member of the Boston Celtics and was a member of the Miami Heat in 2006 when they won the NBA championship. He did not play in any games this season.

Suns Guard Jason Richardson Accused Of DUI

billsullivan41@gmail.com (Blog Author)7854 — Tue, 06 Jan 2009 08:00:00 EST

On December 21, Phoenix Suns guard Jason Richardson was arrested on suspicion of driving under the influence after being stopped by a Salt River Pima-Maricopa Indian Community officer. He was also accused of failing to drive in one lane and speeding.

According to the ticket, Richardson was clocked at 65 mph in a 55 mph zone in his Mercedes Benz.

The 26-year-old NBA star was cited and released pending a preliminary appearance that is yet to be scheduled.

Girl Reports Herself For DUI

billsullivan41@gmail.com (Blog Author)7853 — Tue, 06 Jan 2009 08:00:00 EST

Police often receive calls concerning motorists driving under the influence all the time, but they usually don’t come from the alleged offender.

On New Year’s Eve, a 17-year-old girl in Bismarck, North Dakota called 911 to report herself for DUI, according to police Lt. Randy Ziegler. He said that neither he nor anyone else at the department had ever heard of a similar incident.

The girl informed authorities of her location shortly before midnight on December 31 and officers discovered her in a parked car near downtown, according to Ziegler. She failed a sobriety test and police arrested her for failure to control her vehicle while intoxicated.

Ziegler said that the girl, whose name was not released because of her age, was not given a citation for drunken driving (DUI). He said that she had parked the car and placed her keys in her purse, but admitted that she had been driving for hours.

Ziegler said the call was likely a plea for help, as she said her life had been spiraling out of control and she had spent the majority of the time drinking over the past two weeks.

The girl was released to her parents the next day.

Heather Locklear Gets Probation In DUI Case

billsullivan41@gmail.com (Blog Author)7852 — Tue, 06 Jan 2009 08:00:00 EST

Actress Heather Locklear has avoided charges of driving under the influence by pleading to a lesser offense.

According to a court official in Santa Barbara, California, on January 2, an attorney for Locklear entered a plea of no contest to a charge of misdemeanor reckless driving.

According to Santa Barbara senior deputy district attorney Lee Carter, Locklear was sentenced to three years of probation and was ordered to pay a fine and attend a driver’s education program.

Tests revealed that Locklear had no alcohol in her system after her arrest in September, but prosecutors charged her with driving under the influence of prescription drugs in November.

Charles Barkley Arrested For DUI, Says He Was In A Hurry For Sex

billsullivan41@gmail.com (Blog Author)7851 — Tue, 06 Jan 2009 08:00:00 EST

After being arrested on suspicion of driving under the influence of alcohol, former NBA star Charles Barkley told a police officer that he was in a rush because he was on his way to pick up a “hot” girl for sex, according to a police report obtained by The Smoking Gun.

On December 31, Barkley was arrested in Scottsdale, Arizona after he ran a stop sign. According to the notes in the incident report, he allegedly said to the officer, “You want to know the truth? I was gonna drive around the corner and get a b---j--.”

Barkley was pulled over in the Old Town area of Scottsdale and submitted to a blood test administered by the Gilbert, Ohio Police Department.

Barkley released a statement later that day saying that he was “disappointed” to have put himself in that situation and that the Scottsdale police were “fantastic.” He added that it was now a legal matter and that he would not offer further comments until it is resolved.

After being pulled over, the 45-year-old NBA television commentator failed standard field sobriety tests administered by the officer, who smelled alcohol on Barkley. He was then placed under arrest.

After being processed, Barkley was cited and released. According to Gilbert police Lt. Eric Shuhandler, his vehicle was impounded and he left in a cab. Police said Barkley was cooperative and added that it is customary for people to be released after an arrest on suspicion of DUI.

Officer Honored For DUI Enforcement Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)7561 — Wed, 24 Dec 2008 08:00:00 EST

A 17-year-veteran of the Aurora, Ohio Police Department who was recently honored by MADD for enforcing drunken driving laws was arrested at his home on December 19 and charged with driving under the influence.

At approximately 2:15 a.m. on December 19, 41-year-old Kent, Ohio resident Scott A. Garan, a sergeant with the Aurora PD, was stopped by Kent police for “erratic driving,” according to the police report.

After investigating, officers learned that Garan was intoxicated. He refused all sobriety tests and was arrested on misdemeanor charges of operating a vehicle under the influence and criminal damaging, according to the report, which did not say where the criminal damaging charge came from.

According to Mayor Lynn McGill, behavior like Garan’s alleged behavior is “unacceptable.” He said that Garan would be placed on administrative leave “until we get this sorted out.”

At the October 2008 Portage County MADD banquet honoring law enforcement officers who are top enforcers of drunk driving laws in their Portage County departments, Garan was named the top OVI enforcer at the Aurora department. He has been a member of the Aurora PD for more than 17 years, 11 of those as a patrol supervisor.

The arrest is not Garan’s first run-in with the Kent PD. On August 23, 2007, he was arrested for misdemeanor disorderly conduct, according to Portage County court records. He pleaded guilty at his arraignment and was fined $43 plus court costs.

DUI Suspect Punches Officer

Bob@BobBattleLaw.com (Blog Author)7560 — Wed, 24 Dec 2008 08:00:00 EST

A man from Tennessee was recently arrested and charged with third-degree assault and driving under the influence after striking an Athens, Alabama Police officer at the scene of a three-vehicle crash on December 17, according to an official.

According to Captain Marty Bruce, officers were required to remove 40-year-old Ardmore, Tennessee resident George Earl Rich from his vehicle and restrain him.

The wreck took place shortly after 9:30 p.m. According to Bruce, upon the arrival of Lt. Steve Moore and Officer Mickey Hart at the scene, Rich was still behind the wheel of his vehicle. Bruce said that the officers asked to see his driver’s license. While they were trying to get his attention, Rich punched Moore in the mouth and locked his door. The officers were then able to remove him from the vehicle and restrain him.

Rich was transported to Athens-Limestone Hospital for treatment before being taken to Limestone County Jail.

Others injured in the crash were 42-year-old Athens resident Rebecca Guerrero Munoz, her passenger, 15-year-old Darsy Munoz, and 40-year-old Athens resident Travis Lee Jarrett. The Munozes received treatment at Athens-Limestone hospital. There is no record of Jarrett receiving treatment.

Multi-Vehicle DUI Crash Leads To Prison Sentence

billsullivan41@gmail.com (Blog Author)7559 — Wed, 24 Dec 2008 08:00:00 EST

A man from Bridgewater accused of driving under the influence and colliding with nearly half a dozen cars along Virginia Avenue in September recently pleaded guilty in Rockingham County Circuit Court.

In a plea agreement on December 22, 27-year-old Nathon Kight pleaded guilty to felony charges of driving under the influence as a fourth offense and hit-and-run.

Kight was sentenced by Rockingham County Circuit Court Judge James Lane to 10 years in prison, with seven years and five months suspended. The charge carried a mandatory minimum sentence of one year.

As part of the plea agreement, misdemeanor charge of driving with a suspended license was dropped.

According to court records, Kight had been convicted of two DUIs in 2000 and one in 2006.

In October 2007, Kight was found not guilty by reason of insanity on three felony charges for grand larceny and breaking and entering. That resulted in his committal to Western State Hospital, from which he was released in February.

According to court testimony, Kight has been diagnosed with bipolar disorder and schizophrenia.

Ohio Purchases Intoxilyzer 8000 Breath Machines Despite Controversy

Bob@BobBattleLaw.com (Blog Author)7558 — Wed, 24 Dec 2008 08:00:00 EST

The state of Ohio has decided to spend nearly $7 million in federal grant money for portable breath-testing devices that have been at the center of much controversy in several other states.

Brushing aside criticism of a rigged bidding process which excluded an in-state company and bias because of a friendship between a state official and the president of the company that makes the devices, the state’s legislators chose to purchase several Intoxilyzer 8000 devices.

Some defense lawyers are already predicting that many defendants will challenge the results of breath-tests from the Intoxilyzer, which has come under legal fire in Arizona and Florida.

The State Controlling Board came to a unanimous decision to purchase 700 of the devices from Kentucky-based CMI Inc., whose president, Toby Hall, is a friend of the Ohio Department of Health official who worked on the instrument’s specifications.

The specifications excluded Ohio-based National Patent Analytical Systems Inc., which manufactured the majority of breath testers used by Ohio law enforcement officers.

According to National Patent President John D. Fusco, state officials all but admitted that the bid specifications had been tailored to the Intoxilyzer 8000 to exclude competitors.

"Unfortunately for the state of Ohio, they are starting a program that has lost all semblance of credibility before they unpack the first instrument," Fusco said.

The devices are expected to debut in a pilot program in southwestern Ohio in January. They will replace stationary testing devices in police posts around the state.

VSB Suspends McGarvey's Legal License After DUI

Bob@BobBattleLaw.com (Blog Author)7557 — Wed, 24 Dec 2008 08:00:00 EST

On September 26, the Virginia State Bar Disciplinary Board came to the decision to suspend the law license of John F. McGarvey of Richmond for a period of 18 months. The decision comes as a result of McGarvey’s conviction for third offense driving under the influence in Richmond Circuit Court.

McGarvey’s suspension is effective retroactive to April 24, 2008, which is the date the board summarily suspended his license pending a disciplinary hearing.

Three Injured In DUI Crash

billsullivan41@gmail.com (Blog Author)7449 — Sat, 20 Dec 2008 08:00:00 EST

Three people had to be taken to area hospitals on December 12 after a wreck in Bedford County that Virginia State Police say may have been caused by someone driving under the influence.

According to Sgt. Bob Carpentieri, shortly after 12:30 p.m., the 1988 Chevrolet pickup truck driven by 36-year-old David Blankenship ran off the right side of U.S. 460, went through a fence, and crashed into a tree.

Carpentieri said that the crash caused Blankenship and two of his passengers, who were not wearing seat belts, to be ejected from the truck. A third passenger was injured, but not ejected.

Blankenship did not require hospitalization and police took him into custody.

One of the ejected passengers, 20-year-old Goode resident Joshua Little, received transport to Bedford Memorial Hospital and was listed in good condition that same afternoon.

The other two passengers’ names were not released by Carpentieri because he was uncertain of their ages. Both received transport to Lynchburg General Hospital where they were treated and later released.

According to Carpentieri, police arrested Blankenship on charges of DUI, refusal to take a blood or breath test, and other minor traffic violations.

State Trooper Injured While Chasing DUI Suspect

Bob@BobBattleLaw.com (Blog Author)7448 — Sat, 20 Dec 2008 08:00:00 EST

A Virginia State Trooper sustained personal injuries in a crash that occurred during a high speed chase along Route 360. The driver was suspected to have been driving under the influence.

According to Virginia State Police, the trooper was rounding a curve when he lost control of his cruiser and went down an embankment. He received transport to a hospital for head injuries and was released around 7:30 a.m.

Shortly after the crash, the suspect, James Brook, was caught and charged with DUI and felony eluding police.

Nevada Football Player Loses Captaincy And Scholarship After DUI

Bob@BobBattleLaw.com (Blog Author)7447 — Sat, 20 Dec 2008 08:00:00 EST

According to University of Nevada head football coach Chris Ault, Wolf Pack center Dominic Green has been stripped of his captain’s position and his scholarship after being arrested for driving under the influence.

According to authorities, Green, who was a four-year starter at the university, was bringing a friend home in the friend’s car on December 12 when a state trooper stopped him because the license plate was expired.

Green was subsequently arrested for DUI.

According to Ault, Green will not be a team captain as he normally would have when the team plays the University of Maryland in the Roady’s Humanitarian Bowl in Boise, Idaho on December 30. He also said that Green losing his scholarship means that the senior, who is scheduled to graduate in May, will have to pay his own way for his final semester.

Michigan Judge Suspended And Censured After DUI Arrest

Bob@BobBattleLaw.com (Blog Author)7446 — Sat, 20 Dec 2008 08:00:00 EST

The Michigan Supreme Court has ordered that Roseville District Court Judge Catherine Bove Steenland be suspended for 90 days and publicly censured after she was arrested in Ogemaw County for driving under the influence last year.

According to reports, Steenland was driving along a trail that winds around the lake when she backed her vehicle into a ditch. Witnesses called 911 after observing her attempts to remove the car from the ditch.

At the time of her arrest, Steenland’s blood-alcohol content was 0.23, nearly three times the legal limit of 0.08. She entered a plea of guilty to charges of operating a motor vehicle while visibly impaired.

The discipline proceedings were conducted by the Judicial Tenure Commission, who recommended 90 days of unpaid suspension and public censure. The recommendation was accepted by the Michigan Supreme Court on December 9 and Steenland’s suspension went into effect on December 18.

Norfolk Officer Charged With Obstruction Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)7445 — Sat, 20 Dec 2008 08:00:00 EST

A Norfolk city police officer who was recently indicted for obstruction of justice is now facing an additional charge of driving under the influence in Hampton.

On December 6, 28-year-old Robert A. Jacobs was charged with DUI and reckless driving by speeding, only three days after his indictment in Norfolk.

According to Virginia State Police spokeswoman Sgt. Michelle Cotten, Jacobs was stopped by a trooper who clocked him at 76 miles-per-hour in a 55-mph zone and saw him weaving in and out of the eastbound lane on Interstate 64. The trooper said that he noticed the odor of alcohol and that Jacobs appeared to be intoxicated, according to Cotten.

Jacobs was one of three officers from Norfolk to be indicted on obstruction charges. He has been accused of making a false statement to a law enforcement officer on September 17 during an investigation by the officer into a crime that someone else had committed. He had been released on his own recognizance pending trial.

According to Norfolk Police Chief Bruce P. Marquis, Jacobs was suspended with pay and his police identification and weapon were confiscated, pending the trial’s outcome and departmental administrative proceedings’ outcome.

Fossella Sentenced To Five Days In Virginia Jail For DUI

billsullivan41@gmail.com (Blog Author)7167 — Wed, 10 Dec 2008 08:00:00 EST

On Monday, December 8, New York Representative Vito Fossella, who was at one time considered a “boy wonder” of Staten Island politics, was sentenced to five days in a Virginia prison after being convicted of driving under the influence in a case that upended his career.

Unless an appellate court overturns the conviction, Fossella will serve time in an 8-foot-by-10-foot cell at the Alexandria Detention Center.

Judge Becky Moore ordered Fossella to report to prison on December 19, but his attorneys said that he would appeal the sentence before a jury, which is permitted under Virginia state law.

During the aftermath of Fossella’s arrest in May, he acknowledged that he had been on his way to visit a child he had fathered in an extramarital affair.

Amid the scandal, he abandoned his bid for re-election, which resulted in Democrat Michael McMahon winning the seat. McMahon is the first Democrat in 28 years to win Staten Island’s 13th Congressional District.

In October, Fossella was found guilty of misdemeanor DUI. As part of the sentence handed down on Monday, he was fined $300 and had his license suspended for a year in Virginia.

During the sentencing hearing, prosecutors asked the judge to impose a five-day prison sentence, which is the automatic penalty for drivers who register a blood-alcohol content of 0.15 percent or higher. However, his blood-alcohol content was a point of contention during the hearing. According to his arrest report, he registered 0.133 percent during a roadside breath test after being pulled over around 1 a.m. However, prosecutors pointed to a test he took on another machine at the station house, in which his blood-alcohol content was measured at 0.17 percent.

Ultimately, Judge Moore ruled that Fossella’s case met the legal threshold for the five-day penalty.

Ohio Judges Warn Intoxilyzer 8000 Could Cause Gridlock In Courts

Bob@BobBattleLaw.com (Blog Author)7166 — Wed, 10 Dec 2008 08:00:00 EST

Courts in Ohio could become clogged with people challenging charges of driving under the influence if the state moves forward with its plan to purchase approximately 700 portable breath-alcohol testers, a group of judges recently warned.

The Association of Municipal/County Judges of Ohio, whose members hear nearly 99 percent of the state’s DUI cases, noted that Ohio's choice of a breath-alcohol tester, the Intoxilyzer 8000, has drawn legal challenges in several other states.

According to Sarah Morrison, an attorney for the judges’ association, said at an Ohio Department of Health hearing on whether or not the breath tester should be approved that equipping the state’s police with the $9,000 would “likely lead to challenges by defendants” and could result in gridlock in the state’s county and municipal courts.

Recently, the state Controlling Board approved the purchase of 700 of the instruments for police in the state. The Intoxilyzer 8000 can be transported in police cars to use in the field. Currently, police transport suspects to stations to blow into a stationary tester.

Police say the device would reduce time necessary for transporting suspects and allow them to pick up more drunken drivers.

Police in 15 states currently use the Intoxilyzer 8000. Kentucky-based CMI Inc., the device’s manufacturer, has battled legal challenges in several states such as Florida, where the company has been fined more than $2 million for refusal to divulge the source code. Minnesota has also filed suit over the source code.

Florida Judge To Decide Intoxilyzer 8000 Software's Owner

Bob@BobBattleLaw.com (Blog Author)7165 — Wed, 10 Dec 2008 08:00:00 EST

The Florida Department of Law Enforcement has asked that a judge determine who is the owner of the software inside the state’s alcohol breath-test machines. The answer could determine whether DUI defendants are able to examine the computer code inside the Intoxilyzer 8000 for glitches that my falsely accuse them of driving under the influence.

Police across the state utilized the Intoxilyzer 8000 machines for determining the blood-alcohol content of drivers suspected of DUI, so the machine’s credibility is under constant attack.

The fight over the right of a DUI defendant to examine the software of the Intoxilyzer has already resulted in cases in the Florida counties of Sarasota and Manatee being delayed for several years, including some that were filed in 2004.

Now, defense attorneys throughout the state are arguing that a recently discovered purchase order proves that the state is the owner of the software, meaning that it must be provided to them under public records laws.

However, FDLE says that it does not possess the source code, which it is unable to divulge due to it being a confidential trade secret owner by its manufacture, Kentucky-based CMI Inc.

CMI attorney Jarrod Malone agreed that the contract does not transfer ownership of the software to the state, just the license to use it.

According to Venice defense attorney Robert Harrison, the FDLE suit is a way fro the state to avoid the public records law. The suit, filed in Leon County, Florida on Tuesday, is just the latest litigation over the source code. A federal suit was filed by officials in Minnesota to get CMI to divulge the code.

Fines against CMI have now surpassed $2 million after judges in Sarasota and Manatee counties ordered the company to turn over the source code to defense attorneys. CMI has failed to comply and continues to fight the issue in appeals courts.

More DUI Evidence Involving Intoxilyzer 8000 Thrown Out In Arizona

Bob@BobBattleLaw.com (Blog Author)7164 — Wed, 10 Dec 2008 08:00:00 EST

According to a defense attorney, breath-test evidence in 69 more DUI cases was thrown out by a Tucson, Arizona city court judge on November 25.

Defense attorneys have been challenging the accuracy and reliability of the Intoxylizer 8000, a breath-testing machine utilized by the Tucson and University of Arizona police departments on drivers suspected of driving under the influence of alcohol.

In September, Pima County, Arizona Superior Court Judge Deborah Bernini rejected trade-secret arguments and ruled that Owensboro, Kentucky-based CMI Inc. was required to release its “source code,” or software to Tucson defense attorney James Nesci.

Nesci was one of many defense attorneys who said the code was necessary in order to determine what error was causing the Intoxilyzer 8000 to occasionally give results that were inaccurate.

Tucson city court Judge Theodore Abrams became the seventh Tucson-area judge to suppress breath-test results or instruct a jury that the defense was not allowed access to the source code, according to Nesci. Three other judges admitted the results.

Nesci estimated that the total number of Tucson-area cases to be thrown out is now between 300 and 400.

Beer Vendor Pays $26 Million For Fatal DUI Crash

Bob@BobBattleLaw.com (Blog Author)7163 — Wed, 10 Dec 2008 08:00:00 EST

A vendor at Giants Stadium reached a $26 million settlement in a lawsuit filed by the family of a girl who was paralyzed in a crash with a New York Giants fan who was driving under the influence.

The settlement amount had been sealed until December 3, when a New York State appellate court overturned the decision of a lower court to keep it private.

The victim, 11-year-old Antonia Verni, and her mother, Fazila Verni, wanted the settlement to be kept private because of concerns over the manner in which the girl’s estranged father handled funds from prior settlements with other defendants.

The family filed suit against the concessionaire at Giants Stadium, Philadelphia-based Aramark Corp., alleging that employees continued serving beer to the driver, Cresskill, New Jersey resident Daniel Lanzaro, despite his being visibly intoxicated.

At the time of the 1999 crash, Lanzaro’s blood-alcohol content was measured to be 0.226, nearly three times the legal limit of 0.08. The injuries Antonia, then 2-years-old, suffered caused paralysis from the neck down.

The family was originally awarded $105 by a Bergen County, New Jersey jury, but a 2006 appeal saw that ruling reversed. A settlement was reached by the two parties last year.

According to the Verni family’s attorney, the family also reached separate settlements with the Giants, the National Football League, and Lanzaro for a total of around $1.2 million.

Penn State Mascot Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)6859 — Mon, 01 Dec 2008 08:00:00 EST

The Penn State student who portrays the Nittany Lion mascot was charged with driving under the influence on the university’s campus on the morning of the football team’s game against Michigan State.

According to Penn State police, shortly before 3:30 a.m. on November 22, Chambersburg, Pennsylvania resident James Sheep was pulled over after an officer noticed that too many people were in his vehicle, causing the rear suspension to drag low to the ground. He was later found to have a blood-alcohol content of 0.164, more than twice the legal limit of 0.08.

The day of his arrest was the last regular season football game for Penn State and typically the mascot performs at several functions on game day.

DUI and summary charges were filed against Sheep on November 27.

Police Taser Nude DUI Suspect

Bob@BobBattleLaw.com (Blog Author)6858 — Mon, 01 Dec 2008 08:00:00 EST

California authorities were in for a shock when they found out the DUI suspect they had just stunned with a Taser was completely nude.

According to Santa Ana police, they pulled the naked man over on November 26 after his van struck another vehicle.

According to police Commander Stephen Colon, officers were alerted by a driver that the van had just struck his car. He said the driver was fumbling in the front seat and refused to put his hands up.

Police deployed a stun gun, which they used on his head and neck before seeing that he was completely in the nude.

According to Colon, the man, whose name authorities did not release, was being tested for drugs or alcohol.

DUI Chase Ends With Driver Running Over Self

Bob@BobBattleLaw.com (Blog Author)6857 — Mon, 01 Dec 2008 08:00:00 EST

A 21-year-old man was accused of driving under the influence and leading police in New Mexico on a chase that finally came to an end with him running over himself.

The man received treatment for minor personal injuries at a hospital in Santa Fe and then taken to Sandoval County Detention Center on charges of aggravated DUI, fleeing a police officer, careless driving, and two other outstanding traffic warrants.

On November 23, Nevada’s “DrunkBuster” hotline received a tip of a possible drunken driver.

The man’s pickup truck was spotted swerving across both lanes of a highway, alternating between slow and fast speeds, by Nevada State Police Officer Grace Romero. He refused to stop.

Police say the suspect narrowly missed other vehicles before driving through a ditch and a barbed-wire fence before coming to a stop. He attempted to put the car in park, but inadvertently put it in reverse.

Police say as the man was attempting to exit the vehicle, he fell from the open door and the front driver’s side tire ran over both of his legs.

Heather Locklear Formally Charged With DUI

billsullivan41@gmail.com (Blog Author)6481 — Mon, 24 Nov 2008 08:00:00 EST

Actress Heather Locklear has been formally charged with driving under the influence in connection with her arrest in September, according to the Santa Barbara, California District Attorney’s Office.

The misdemeanor charge specifies that she was under the influence of “prescription medications.” If she is convicted, the 47-year-old former “Melrose Place” star could face penalties ranging from a fine to six months in prison.

Senior Deputy District Attorney Lee Carter confirmed that none of the drugs were illegal, but declined to specify the medications or amounts taken by Locklear. But he did say that the drugs impaired her driving ability.

Initially, Locklear was charged with driving under the influence of drugs and being under the influence of a controlled substance, but the latter charge was not filed because she had no illegal substances in her system, according to Carter.

On September 27, Locklear was arrested in Montecito after an eyewitness, who turned out to be a paparazzo, contacted 911 and informed them of Locklear driving erratically.

Family Of Fatal DUI Victim Wants Charges Upgraded

Bob@BobBattleLaw.com (Blog Author)6480 — Mon, 24 Nov 2008 08:00:00 EST

A grieving family is asking that more serious charges be filed against two drivers involved in a fatal driving under the influence crash. One of them was an off-duty Chicago police officer.

According to prosecutors, they now believe the crash was not properly investigated by police.

Because the accident was fatal, the victim’s family members have demanded that felony DUI, rather than misdemeanor DUI, charges be filed.

The June 2007 crash took the life of 35-year-old Denise Gerzen. She was riding on the back of a Harley Davidson driven by the off-duty officer, Eugene Bikulcuius. They were coming from a local bar.

The police report says that the motorcycle struck a Dodge Charger driven by 49-year-old Carol Miller as she was making an illegal left-hand turn. Police diagrams show that the impact was so severe that it caused the car to turn 180 degrees.

Miller was arrested on charges of misdemeanor DUI. According to police reports, Bikulcius received transport to the hospital and was not charged or given a breathalyzer.

According to Gerzen’s brother, Scott Gerzen, the family kept questioning the Illinois attorney’s office, but they kept insisting that he was not at fault.

After five months of the Gerzen family writing to elected officials and prosecutors, the Cook County state’s attorney eventually uncovered hospital blood tests revealing Bikulcius to have been intoxicated on the night of the crash. He was then charged with misdemeanor DUI.

However, according to the secretary of state’s DUI fact book, drunk drivers who cause a death are typically charged with Class 2 felonies that carry a punishment of up to 14 years in prison.

The state’s attorney said that Bikulcius wasn’t charged with reckless homicide because it would not be supported by the evidence because it came from an inadequate investigation that would not show that his actions were the cause.

Miller’s attorney also said that he believes that the CPD failed to properly investigate and that Miller did not see the motorcycle coming.

According to the Gerzens’ attorney, the police never performed an accident reconstruction to determine the motorcycle’s speed. Bikulcius said in police reports that he was going 25-30 mph in the 35 mph zone.

Bikulcius has been relieved of police powers and is on paid leave, pending the investigation’s outcome and charges.

High School Wrestling Coach Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)6479 — Mon, 24 Nov 2008 08:00:00 EST

Early on the morning of November 16, 33-year-old Mark Thomas Strickland, the wrestling coach at Poquoson High School, was arrested on misdemeanor driving under the influence and drug-related charges.

According to Poquoson Police Chief Cliff Bowen, shortly before 2 a.m., Strickland was pulled over after his vehicle flew past a police radar at a speed more than 20 mph over the limit in a residential area near his home.

Strickland was arrested in his home’s driveway on misdemeanor charges of DUI, refusal to submit to a breath test, reckless driving, possession of marijuana, possession of drug paraphernalia, and having an open container of alcohol in a vehicle, according to Bowen.

According to Bowen, on the date of the arrest, there were two Poquoson police officers set up with a radar near the intersection of Little Florida and Odd roads who spotted a black Ford SUV speeding past at 48 mph in a 25 mph zone. After it stopped, the driver exited and approached the officers.

Bowen said that during a discussion about the vehicle’s speed, the driver’s mannerisms and an odor of alcohol led officers to ask him to perform a field sobriety test, which he failed. Bowen said that he refused a breath test, so his blood-alcohol level was not determined.

Inside the SUV, officers discovered at least one open container of alcohol, a pipe, and a small amount of marijuana.

Strickland was taken to Virginia Peninsula Regional Jail and released after posting a $3,500 bond.

Newport News Police Official Convicted Of DUI

Bob@BobBattleLaw.com (Blog Author)6478 — Mon, 24 Nov 2008 08:00:00 EST

On November 19, a high-ranking police official in Newport News was convicted in Hampton General District Court of driving under the influence after an incident in August involving a Virginia state trooper spotting her weaving in and out of traffic.

The conviction for 44-year-old Dawn Barber came one day after she was demoted by Newport News Police Chief James Fox one rank from assistant chief to captain, due to the offense.

Shortly after 9:30 p.m. on August 16, a state trooper pulled Barber over after he said she nearly hit another vehicle on Interstate 64. He charged her with DUI and reckless driving.

Barber was sentenced to a 30-day suspended jail term, a one-year restricted driver’s license allowing her to only drive for work, a fine of $250, and mandatory alcohol counseling. Her attorney said it was a standard punishment for a first offense. If she fails to follow through, her fine will be doubled to $500 and she could have to serve her prison sentence and lose all driving privileges.

When Barber was pulled over, Sgt. Robert Bowers Jr., the trooper who pulled her over, said that she told him that she drank a “Texas-size” margarita at a restaurant 30 minutes prior. He said that she failed several field sobriety tests. When given a Breathalyzer test, Bowers said that Barber’s blood-alcohol content measured 0.12, more than the legal limit of 0.08.

Judge Orders That DUI Breath-Test Software Must Be Given To Prosecutors

Bob@BobBattleLaw.com (Blog Author)6103 — Tue, 11 Nov 2008 08:00:00 EST

A judge ordered the Pima County, Arizona Attorney’s office to ask a leading alcohol breath-test machine manufacturer to reveal its software code.

On October 27, Superior Court Judge Deborah Bernini said that CMI Inc., which is based out of Owensboro, Kentucky, had yet to reveal its source code to defense attorneys, despite being previously ordered to do so.

An ultimatum was set by Bernini for CMI to hand over the source code in electronic form by November 10. CMI’s policy is to release the source code in a printout if the recipient agrees that it will not be released to anyone else.

Defense attorneys asked that the source code be delivered in electronic form in order to test the veracity, and Bernini ordered compliance.

Bernini also set a hearing for November 24 for CMI president Toby Hall to explain why he and his company should not be held in contempt of court for failure to comply with her order.

Defense attorneys in the 23 alleged driving under the influence cases before Bernini want the source code released in order for the accuracy of the breath tests to be checked.

Seven Breath Tests Thrown Out Because Machine Not Inspected After Repairs

Bob@BobBattleLaw.com (Blog Author)6102 — Tue, 11 Nov 2008 08:00:00 EST

A judge in Sarasota County, Florida has tossed out the alcohol breath-test results of seven DUI defendants because the equipment was not inspected by law enforcement after being repaired.

The ruling could also lead to 100 other breath test results from DUI defendants in the county being invalidated due to the authorities not inspecting the equipment for six months after it was repaired in March.

Because of the errors, prosecutors will be unable to tell juries about the defendants’ blood-alcohol content, which is considered to be the most powerful piece of evidence against drunken drivers.

If a driver’s blood-alcohol content is more than 0.08 percent, he or she is considered to be impaired. Drivers blow into a tube and their breath is analyzed by the Intoxilyzer 8000 in order to determine BAC.

In this case, the seven defendants’ BACs were measured as high as 0.23, which is nearly three times the legal limit of intoxication.

However, according to Florida Department of Law Enforcement rules, a repaired Intoxilyzer is required to undergo inspection before being used to collect evidence against a driver.

The machine in question, number 1346, had a problem with the dry gas regulator, which is necessary for the control tests before and after the driver’s breath test. If a machine has no functioning dry gas regulator, it will not work. The dry gas regulator on this machine was replaced by FDLE, but an inspection was not conducted.

Sarasota County Judge Phyllis Galen ruled that, due to the lack of inspection, the breath tests were in violation of Florida’s implied consent law, which requires that licensed drivers consent to a breath test if stopped under suspicion of DUI.

However, BAC is not the only evidence against drunken drivers, so the ruling does not mean that the charges will automatically be dropped.

New Consumer Report: "The Shocking Truth About Reckless Driving Speeding in Virginia"

Bob@BobBattleLaw.com (Blog Author)5832 — Thu, 30 Oct 2008 08:00:00 EST

Richmond Virginia Reckless Driving Speeding defense lawyer Bob Battle has written a new Consumer Report which details how incredibly harsh the state of Virginia treats those charged with "Reckless Driving Speeding in Virginia." The book is titled "The Shocking Truth About Reckless Driving Speeding in Virginia."

This guide is a must read for anyone charged with Reckless Driving Speeding in Virginia- especially out-of-state motorists who have no idea that they are charged with an offense that is:

a serious Criminal Offense
could land them in jail
will send their insurance rates skyrocketing
could cause them to lose their job

Also covered in this Consumer Report:

why saying they don't need or can't afford a lawyer could cost big bucks

Part 2 of this book educates consumers about how to choose a Reckless Driving Lawyer in Virginia

Click here to get your .pdf copy of "The Shocking Truth About Reckless Driving Speeding in Virginia."

Rockies Pitcher Luis Vizcanio Arrested For DUI

Bob@BobBattleLaw.com (Blog Author)5801 — Tue, 28 Oct 2008 08:00:00 EST

On October 27, Luis Vizcaino, pitcher for the Colorado Rockies, was arrested for driving under the influence, according to police. Later that day, the 34-year-old reliever was released on bail.

According to police, he was traveling at a rate of 71 miles per hour in a 45 mph zone. Police say that upon pulling him over, they noticed that his eyes were glassy and bloodshot and they detected the odor of alcohol. His blood-alcohol content was measured at just over the legal limit.

The Rockies said they were “extremely disappointed” and that Vizcaino was working it out with the authorities and that he “clearly understands the seriousness of the situation.”

Vizcaino, a resident of Florida, was 1-2 with a 5.28 ERA this past season.

Roanoke Pair Plead Guilty To DUI, On Trial For Manslaughter

Bob@BobBattleLaw.com (Blog Author)5799 — Tue, 28 Oct 2008 08:00:00 EST

On October 27, Tracie Nininger and Jeff Dupree entered a plea of guilty to driving under the influence in Roanoke County Circuit Court. Both also pleaded not guilty to charges of manslaughter.

The pair is currently on trial for a crash that resulted in the death of a construction worker on Electric Road in February. They waived their right to a jury trial.

During opening statements, the prosecution said that they will present Dupree’s conversation with OnStar shortly before the accident and will also show surveillance video from the Cornerstone Bar showing one of the pair falling down.

The defense plans on proving that the backhoe’s blade, which was covered with asphalt, was sticking out into traffic and that the accident was actually the fault of the construction crew.

Drunk Driver Gets 3 Years For Friends Death In Fairfax

Bob@BobBattleLaw.com (Blog Author)5796 — Tue, 28 Oct 2008 08:00:00 EST

A 22-year-old man from Fairfax County who gunned his mother’s BMW over a hill, went airborne, and struck a tree while driving under the influence last year, resulting in the death of one passenger and another being put in a vegetative state, received a 3-year prison sentence on October 24.

On the day of the sentencing, the courtroom of Fairfax Circuit Court Judge Jane Marum Roush was packed with the friends and relatives of 18-year-old Morgan Cooke and 24-year-old Daniel Fath in order to recount how the November 28 crash on Wolf Run Shoals Road in Fairfax Station devastated their lives.

The driver, Christopher Plaisier, a longtime friend of Cooke and Fath, testified that he did not feel that he was intoxicated or under the influence of marijuana when he got behind the BMW 540i’s wheel after drinking and eating at two bars on the night of the crash.

Shortly after 8:30 p.m., Plaisier, with Cooke in the front passenger seat and Fath and another young man in the back, turned off Route 123 and onto Wolf Run Shoals. According to Kevin Cooke, Cooke’s eldest brother, Plaisier accelerated over a hill, a place notorious for drivers “catching air,” lost control, went airborne, and crashed into the tree seven feet off the ground.

Cooke lived for five days and underwent multiple surgical procedures before her death on December 3. Fath suffered severe brain trauma, spent six months in the hospital, and is currently in an Alexandria long-term-care nursing home.

According to prosecutors, Plaisier had a blood-alcohol content of 0.08, the legal limit, and there was also marijuana in his blood. He pleaded guilty to charges of involuntary manslaughter while under the influence of alcohol and faced a sentence of 1-10 years in prison.

State sentencing guidelines suggest a maximum sentence of six months, but Roush said it was inappropriate. She sentenced Plaisier to 10 years, suspended seven, and added five years of probation and 100 hours of community service in addition to revoking his driver’s license.