By Michael
Lawrence John Doheny, a sheriff’s department officer in Anoka County, Minnesota, has been charged with DUI and with attempting to grab a police officer’s gun after he was stopped on the highway.
While he was awaiting a blood-alcohol test, police had to Taser Doheny three times to get him to submit, according to Fox 9 in the Twin Cities.
Police saw Doheny’s car make a wide U-turn at a traffic light, then speed and cross over the center line before they stopped him on the highway. When the officer pulled Doheny over, he noticed that there was a smell of alcohol coming from the vehicle, and he saw signs that the driver was drunk.
Doheny said at that point that he had drunk a “couple of beers.”
Doheny got out of his vehicle willingly, but allegedly stumbled as he did so. He did not, however, agree to take an alcohol test, and he was placed under arrest, then transported to the Jordan Police Department and read the implied consent advisory.
Doheny then asked for a lawyer and to be allowed to make a telephone call. He then refused to take a urine or a blood test. He offered to take a DUI breath test, but Scott County, where he was being held, does not offer breath tests as an option in these situations.
Finally, Doheny agreed to take a blood test at the St. Francis Medical Center. “You guys nailed me,” he reportedly said. Doheny was not handcuffed as police transported him into the hospital, but that is when things started to get dangerous.
At that point, Doheny allegedly tried to grab a police officer’s handgun. He then threatened the officer by stating, “you really shouldn’t test me.” The police officer was able to secure his gun before Doheny shoved him in the chest, and took off on foot, ignoring the police’s commands that he get down on the ground.
When Doheny kept running, the officer Tased him. Doheny kept at it, and ended up getting Tased three times as back-up arrived on the scene.
Finally he was handcuffed, put on a stretcher and taken to the emergency room, where staff reported that he was belligerent. They were able to get a reading on his blood-alcohol content.
Doheny, who has been with the sheriff’s department in Anoka for 18 years, has been placed on administrative leave from his civil division post.
By Michael
The head of the state of Washington state’s public school system had what he called a lonely, sad, sleepless and devastating night in jail after serving a one-day sentence for drunk driving.
Randy Dorn’s 24 hour stint in jail was the result of his guilty plea in his DUI case that concluded a week or so ago, reports Komo 4 News in Seattle.
Dorn is the Washington state superintendent of public instruction. He was arrested on March 21 when an officer in the town of Orting observed him speeding. The officer pulled over Dorn, who then failed a field sobriety test. His blood-alcohol content also measured over the legal driving limit.
Dorn, according to the police report, volunteered for a breath test and measured a 0.097 percent, compared with the 0.08 percent limit. Several other tests showed a content even higher. Dorn admitted to having had beer at a crab feed and dance at the sports club where he and his wife are members, and that he had stayed late to help clean up after the event.
Dorn pleaded guilty in a municipal court and received a sentence of 365 days in jail, with 364 days suspended.
His night in jail left him with the urge to return home, as may be expected. “That’s what I hope to do,” he said upon leaving the jail facility, “is go home with my wife and get some sleep, because I have a long day tomorrow.”
When the judge in his case asked Dorn if he had a drinking problem, the school administrator said that he did not. “I’m a diet cola guy,” he replied. The incident overall, he said, was a “teachable moment” and he said that it would not happen again.
Dorn wants to complete his term as school superintendent, which lasts four years. He apologized to Washington’s citizens, schoolchildren and parents, and to his wife and to his staff for their support.
“The past two weeks have been the worst of my life,” he said.
Dorn said in court that his attorney advised him to seek a lesser charge in the case, based on the way that the Breathalyzer was administered. But Dorn, according to him, rejected the idea, and faced the original DUI charge.
“I am a stand-up guy,” he said. “If I make a mistake, I believe I have to accept the consequences.”
By Michael
The legal battles over ignition interlock law has made it to the state of Georgia, as lawmakers debate a measure that would require more convicted DUI offenders to use the mechanism on their cars.
According to the Savannah Morning News, the bill, brought by state representative Tom Knox, is waiting to be reviewed by Georgia’s House Public Safety and Homeland Security Committee.
Representatives of Mothers Against Drunk Driving are urging the committee’s chairman, Burke Day, to schedule a hearing. Day has said that he will do so, but that he doesn’t know if he’ll do so in time for the state House to act on it this session.
In particular, the bill would allow judges to order the installation of ignition interlock on an automobile after a person’s first DUI conviction. The option for a judge to do so currently exists only for a person’s second DUI conviction.
According to MADD, Burke Day is “holding up and blocking” a hearing on the bill.
Day, in response, has said that he isn’t against interlock bills, but that he is “simply not going to let just any bill out until I have more facts,” and he emphasized that it is his job as chairman to make sure that bills are well-researched.
Day said that the state’s budget crisis has tied up hearing schedules, making it difficult to hold a public hearing about the proposed bill.
According to MADD representatives, in 2008 Georgia saw 416 drunk driving related deaths. They also said efforts similar to the proposed bill have reduced drunk driving deaths elsewhere by more than 30 percent.
While Day maintained that there were “other sides” to the issues raised by the bill, MADD lobbyist Frank Harris said that he had not heard about any opposition to the proposed bill. Day in turn responded that a public hearing often unearths this sort of opposition.
If the bill should stall this year, it will need a new sponsor next year, because Knox is giving up his spot as state representative in order to run for insurance commissioner. Of the bill, he said “I think it’s a good bill, and a necessary one.”
By admin
A Pierce County, Washington woman registered a breathalyzer reading of 0.50 percent last month. Two hours after her arrest, Rebecca G. Lingbloom submitted to a blood alcohol test which showed she had a BAC more than six times the legal limit for DUI in Washington.
A state medical technician said such a BAC “would certain kill most people.”
Technicians are required to reanalyze a blood sample showing such a rare blood alcohol level.
Not surprisingly, Lingbloom was found passed out behind the wheel of her car after she had allegedly nearly hit a pedestrian. She was released on bail after enrolling in a six-month treatment program for alcohol abuse.
By Editor
PC World recently posted an article on Gadgets That Tackle Tough Problems on their website. The first device was a keychain breathalyzer.
OmegaPoint claims its BreathKey is accurate to +/- 0.01 percent BAC (Blood Alcohol Content) at a BAC of 0.08 percent. On their website they say law enforcement breathalyzers are accurate within 0.005 percent.
The BreathKey is Food and Drug Administration (FDA) certified, meaning it is “substantially equivalent” to other consumer breathalyzers on the market. OmegaPoint emphasizes that the BreathKey cannot be used as proof you’re below the legal BAC limit nor determine whether you’re safe to drive.
BreathKey is one of many keychain breathalyzers available. Other include AlcoHawk, Legal Limit, and Connectables. Prices on Amazon.com range from about $20 up to $70 and features vary.
While a keychain breathalyzer cannot be used in court, if used reasonably, it could help keep you out of trouble. Be aware that many states have lesser drinking and driving laws. For example, Colorado has laws against both DUI and Driving While Impaired (DWAI) . DWAI applies to any driver who is intoxicated, but below the per se limit of 0.08 percent.
By admin
Being convicted of DUI may now carry penalties that you would have never expected. If you’ve read the news lately, it seems like breath alcohol ignition interlock devices are all the rage in terms of fighting drunk driving.
For those unsure what this device does, an ignition interlock is installed in the vehicle of a DUI offender and requires a person to blow into a breathalyzer in order for the car to start. If any or a certain amount of alcohol is detected, the car will not start. With that said, three states currently have ignition interlock legislation waiting to be signed by their respective governors.
Illinois and South Carolina have recently “turned over” ignition interlock legislation to Governors Rod Blagojevich and Mark Sanford, respectively. The Illinois legislation would require people with a first DUI offense to install an ignition interlock if they wanted to drive to work while their driver’s licenses were suspended.
A Springfield Journal Register story added that this legislation would apply to anyone who is pulled over on suspicion of DUI and fails or refuses a breath test. It is unknown whether Blagojevich will sign this legislation, but he has a little less than 60 days to do so.
Hours before the legislature adjourned for 2007, the South Carolina General Assembly passed legislation that would require repeat DUI offenders to pay for the installation of ignition interlock devices in their vehicles.
South Carolina was thinking about requiring ignition interlock devices for first-time extreme DUI offenders (with a BAC of 0.15 percent or more), but that measure garnered too much opposition.
Underage drinking would also be especially targeted in this current proposal headed to Governor Sanford’s desk. Specifically, police would be allowed to find out who bought kegs at parties where minors were drinking while minors would be allowed to buy alcohol during police stings of bars and liquor stores.
In Oregon, a bill that would require offenders with a first DUI to install ignition interlock devices for at least a year after they resumed driving is sitting on the desk of Governor Ted Kulongoski. Oregon currently requires first-time offenders to use ignition interlocks for six months after regaining their driving privileges.
In addition to this legislation, Governor Janet Napolitano signed legislation on May 18th that will now require all Arizona DUI offenders in the state to install ignition interlock devices for at least one year. A similar law was enacted in New Mexico in 2005.
This prevalence on the use of ignition interlock devices is another example of how legislators are constantly looking for new means to curb DUI and how DUI penalties nowadays are getting much more creative and far-reaching as compared to years past.
By Editor
A Florida driver, pulled over for DUI, faces felony charges of bribery.
Mark L. Tearney offered two Brevard County Sheriff’s deputies $500 to take a breath test in his place. He has been charged with two counts of bribery, along with a misdemeanor DUI offense and a citation for speeding in an enhanced penalty zone.
The officers were watching for speeders in a construction zone when they clocked an SUV doing 106 mph.
Allegedly, during field sobriety tests, Tearney said, “I know this is a stupid question, but what if I gave you each $500 to take the test for me.”
Tearney has two previous DUI arrests.
By Editor
Arizona State Representative Tricia Groe was arrested for DUI last week.
State legislators are no longer immune from arrest and criminal charges for drinking and driving. Groe had been cited for DUI seven years ago in California. This latest DUI convinced her to enter a 30-day alcohol rehabilitation program.
The La Paz County Attorney plans to charge Groe with aggravated DUI, a felony. Conviction for a felony is cause for removal from the state legislature in Arizona.
Her prior conviction in California will make it more difficult for Groe to plead down to a misdemeanor.
Groe was pulled over for erratic driving. She attempted three different breathalyzer tests, registering a blood alcohol content (BAC) of 0.168, 0.158, and 0.148 percent. 0.160 percent is twice the legal limit for DUI in Arizona.
Groe told a deputy that she was “a functioning alcoholic.” She had been sober for many years, but had relapsed. Groe said she was thankful she didn’t injure or kill anyone.