Home » DUI Arrest Procedures
By Michael
An Ohio man was convicted of his twenty-first DUI recently, and with a dramatic statement a judge sentenced him to ten years in prison, representing the maximum term possible in the case.
Forty-five-year old Kevin J. Ante did not comment as the Butler County judge handed him the sentence in Common Pleas Court. According to authorities, they initially knew of 17 of Ante’s DUI offenses. Recently, however, they uncovered four more DUI convictions on his extensive record.
Even Ante’s lawyer, David S. Washington Jr., was surprised at this development. Whatever the final count, Washington agreed, it was far too many DUI convictions.
Ante was only recently released from prison on the same charges of drunk driving. He served a four year sentence, and was picked up for his latest DUI only 90 days after his release.
According to police, Ante even attempted to evade arrest when he was stopped on December 3, 2009. He got about a quarter mile away before they were able to pull him over. Police quickly smelled alcohol and realized that Ante was confused or unresponsive, according to WKRC in Cincinnati, and he was arrested for DUI.
The judge in this latest case, Judge Michael Sage, said that he had never seen such a case in 20 years as a judge and 30 years as a lawyer. Judge Sage made reference to the 2005 DUI that landed Ante the four year sentence.
“You served every day of that,” Sage said as he made his ruling. “I struggle with cases like this,” he continued, “because, in my mind, alcoholism is a disease.” Sage noted, however, that Ante did not use his previous time in prison to address his problems with alcohol.
In making his decision to enforce the maximum sentence, Sage said that he was protecting the public. “You are a ticking time bomb waiting to kill somebody,” he told Ante.
Ante’s 21 drunk driving convictions stem all the way back to his first one in 1982.
By Michael
Washington State Trooper Scott Johnson is lucky to be alive after he was shot in the head early on a recent Saturday morning. After all, the bullet was still in his head when he was released from the hospital.
As officials work to solve the case, a recent turn has thrown some light on who may be responsible. The latest suspect in the shooting, court papers revealed, is the husband of a woman that Trooper Johnson was investigating for DUI.
That suspect, Martin A. Jones, is in jail facing attempted murder and assault charges.
At midnight, just before the shooting, trooper Jesse Greene stopped a black van driving over the speed limit on a state road. He pulled over the woman and gave her a battery of field sobriety tests. She failed the tests, and was arrested for DUI. She was by herself in the van.
Scott Johnson arrived on the scene following the arrest, to help process the vehicle in question and to wait for a tow truck while Greene took the woman to the station.
At that point, Martin Jones approached the scene and asked a tow truck driver what he was doing. The driver replied that he was taking the vehicle to an impound lot. Jones then disappeared.
A short time later, Jones returned, walking up behind Scott Johnson, who was taking inventory of things inside the van. Jones shot Johnson twice in the head, took a step back, and chuckled, according to the tow truck driver.
The driver thought it was a toy gun, and only realized the severity of the situation when Jones fired several rounds at him, breaking out a window in the van. “I’ve been shot!” yelled Johnson, who was able to fire off several rounds at Jones as he fled the scene.
Police dogs tracked Jones’ scent back to his house. Johnson identified a sketch of Jones, who was then placed under arrest. When police arrived to arrest him, he had several suitcases packed.
Police then discovered that the van’s driver was Jones’ wife, which seemed to provide a motive in the shooting.
Jones is now in jail on $5 million bail.
By Michael
A Canadian man has been arrested for drunk driving so many times the courts didn’t just suspend his license: They banned him from driving for life.
According to an article in the Canadian Press, Nova Scotia resident Terry Naugle has racked up a total of 68 convictions in past 32 years. Of these, 22 were DUI related and 14 charges were for driving on a revoked license.
So far he has served 22 years in prison for all his separate convictions, with no sentence lasting more than three years. His driving privileges have also been revoked many times, but he continues to ignore these sentences. Thus, it’s unclear if the lifetime driving ban will have much impact.
Naulge never stayed in jail too long because he never seriously injured or killed someone while drinking and driving.
His latest arrest occurred in March 2009 when he hit a parked vehicle on an off ramp. The McMillan family had pulled over their car because they ran out of gas.
Mr. McMillan walked to the gas station leaving behind his wife and teenage daughter. Naugle drove his car onto the off ramp and side swiped their vehicle, and then proceeded to leave the scene.
David McMillan was walking back when he saw Naugle hit the car. He jumped into the driver’s seat and the family followed Naugle into a gas station.
They claimed that Naugle reeked of alcohol while staggering and slurring his words. He then fled again, but was later arrested by RCPM officers who were at the gas station.
Naugle pleaded guilty to driving with a restricted license, refusing to take a breathalyzer, and fleeing the scene of the accident. He was sentenced to eight and half years for driving under the influence.
Most sentences for DUI charges in Nova Scotia are short term, but when viewed in light of his prior convictions the judge thought a longer sentence was necessary.
Judge Frank Hoskins, who oversaw the court case, said “Mr. Naugle’s record for impaired driving is one of the worst I’ve ever seen.”
Julia McMillan and MADD (Mothers against Drunk Driving) hoped that the judge was going to classify Naugle as a dangerous offender with his long history of DUI convictions. Instead, he received only the longer sentence and lifetime ban.
By Michael
Do you feel you were pulled over for DUI for no reason whatsoever? It’s possible that is the case, at least in Illinois, where lawsuits and internal investigations are looking widespread charges of false DUI arrests.
According to Chicago’s ABC7 news site, around 40 lawsuits were filed against Richard Fiorito for alleged false DUI charges. They claimed that he targeted the gay and lesbian community after they left from gay bars.
The lawsuits also claim that Fiorito stopped drivers for “bogus” traffic violations. The plaintiffs say he then made up false reports claiming they were intoxicated.
But recently the charges against Fiorito were dropped by Cook County’s State Attorney Anita Alvarez. She said there was not enough evidence to convict him, even with the surveillance video.
The surveillance video was put in Fiorito’s police car in March 2009 because he had several complaints about him making false arrests.
According to the lawsuits, these videos contradicted Fiorito’s arrest reports. Alvarez still said it was not enough evidence to present a case against the police officer.
The plaintiffs disagreed and claimed that the video tape proves the officer made false DUI reports.
A spokeswoman for the state attorney claimed Alvarez dropped the charges because the allegations were inconsistent and most of the drivers refused to give bloods samples to determine their BAC.
Alvarez’s chief of staff said that “based upon that investigation, it was determined that there were a number of inconsistencies. And it was ultimately determined we wouldn’t be able to meet our burden which in a criminal case is beyond a reasonable doubt.”
Since the investigation, Fiorito no longer patrols the streets but works behind a desk. He will continue to do so until Internal Affairs completes their investigation. Also, Fiorito will no longer be a witness in DUI cases.
But Fiorito was not the first Chicago police officer to be accused of making false DUI arrests. Two officers were previously accused of the same offense. One officer even retired early instead of face criminal charges and an investigation for allegedly making these false claims.
By Michael
While millions of Americans were enjoying the excitement of a thrilling Super Bowl, Ryan Larson of Elkhart, Indiana, was allegedly enjoying a different kind of excitement.
The roller coaster ride of the game between the Saints and the Colts was quite different from the cop car joyride Larson experienced.
According to the Elkhart eTruth, Larson was arrested on preliminary charges of stealing a police car and ramming it into a barrier, as well as DUI, resisting law enforcement and leaving the scene of an accident. The Elkhart County Sherriff’s Department released the statement outlining the charges.
The original call came in for a domestic disturbance at around 7:30 p.m. Larson’s parents were there to respond to officers. They claimed to believe that their son was under the influence of alcohol and prescription medication.
According to the press release, as police were talking to his parents, Larson jumped into Elkhart County Patrolman Brandon Denesuk’s patrol car and drove off down the street.
Police used GPS locators in the car to find it almost immediately. They were attempting to intercept the stolen vehicle when Larson allegedly crashed it into a construction area near the Johnson Street bridge. The crash caused minor damage when the police car ran into barricades that were set up around the construction site.
Larson fled the scene of the patrol car accident on foot, though police were able to locate and apprehend him fairly quickly. The ordeal lasted about fifteen minutes from the time police approached Larson’s parents to the time he was apprehended on foot.
Larson was checked for injuries at a nearby hospital, and then he was taken to jail.
According to police, all of the weapons that were in the car were secure, so a thief could not have gotten to them. Police are investigating whether the officers procedures and policies were effective.
Larson’s blood-alcohol level was .10 percent — .02 percent over the legal limit for DUI – at the time of his alleged escapade through the streets of Elkhart. Since he was driving – albeit a stolen cop car – he was still charged with DUI.
There is no word on whether Larson was allowed to watch the end of the game from jail, though the Colts loss may have been tough for the Indiana resident to watch anyhow.
By Michael
Law enforcement agencies often target holidays and popular party days as a time to step up DUI check points and DUI enforcement.
This was the case for the most recent Super Bowl Sunday, as cops stepped up their presences on the nation’s highways, hoping to cut down on DUI and encourage responsible alcohol consumption.
The National Highway Traffic Safety Administration reports that Super Bowl Sunday is one of the more dangerous days to drive as a result of impaired driving. The administration notes that almost half of fatal accidents in that time period are a result of impaired drivers with a blood-alcohol content above .08. The NHTSA’s message on Super Bowl Sunday: “Fans don’t let fans drive drunk.”
The message may be working, as early reports show a relatively safe and quiet Super Bowl weekend.
Oregon DUI
In Oregon, there were 58 drivers arrested for DUI across the state on Super Bowl weekend. This figure is similar to numbers from last year around the same time, according to Oregon State Police.
There were 14 arrests in the Springfield area, 8 around Salem, and 7 each in Portland and Tualatin.
There were no fatal accidents in Oregon.
Toronto DUI
Even north of the border DUI patrols were heightened surrounding the Super Bowl. The Toronto Observer called it “one the largest RIDE blitzes in the city’s history.”
Despite the large effort, only three arrests were made for drinking and driving on Super Bowl weekend. Seven cars were towed in that time. The previous year, nine arrests were made for DUI.
Said Sergeant Jack West of the Super Bowl patrols: “We know that people are going to be celebrating and including alcoholic beverages. So knowing that, we want to go out there and keep the roads safe. This is all about saving lives.”
Las Vegas DUI
As some 300,000 people descended on Las Vegas for the big game, police stepped up their DUI patrols. These efforts resulted in 29 drunk driving arrests in the Las Vegas area. Most of these arrests came from traffic stops, and only three came after traffic accidents.
By Michael
The penalties for a DUI conviction can dramatically increase with multiple convictions. But one woman in New Hampshire pushed these laws to their limits recently.
The Associated Press recently reported that a woman in Concord, N. H. was arrested three times in one week for allegedly driving under the influence.
Patricia Mondro now faces a $50,000 cash only bail on three separate charges of a driving under the influence issued within just days of one another.
On January 16, Mondro was arrested in a parking lot in Londonderry after she crashed her vehicle. Witnesses then contacted the local police department because they said that Mondro looked disoriented.
She was then arrested and charged with a misdemeanor DWI, but was release from jail the next day.
Five days later, she was arrested and charged with an aggravated DWI after crashing into a guardrail on Interstate 93 in Concord. Mondro suffered a few injuries from the crash, but was released from jail.
Shortly after Mondro was released she was arrested for a third time. She had allegedly hit a pick-up truck on the same highway where her she was charged with her second DUI offense.
She was driving with her headlights off when she hit the other car which then collided with a third vehicle. No injuries were reported in the incident.
After the first two arrests, Mondro still had her driver’s license because neither case had moved through the court system yet.
Lt. Tim Jones of the Londonderry Police Department said “that the problem is [that] all these license issues kick in after the conviction, [and] she’s in the interim state.”
Judge Gerald Boyle said at Mondro’s arraignment that he was concerned with the public’s safety as she had received multiple DWI’s in a very short period of time.
He further said that Mondro was “an extreme danger” not only to herself but to others as well. So he imposed separate cash only bails for each offense.
According to the Concord Monitor, Mondro made very few remarks during her arraignment. But she said that her husband had recently left her.
Her legal aid stated that Mondro’s family is going to get her the help she needs. Her court date for her third DWI charge is February 9.
By Morgan Brickley
A woman in St. Cloud, Minn. was arrested over the weekend on suspicion of hitting a pedestrian with her car while in a parking lot, according to the Twin Cities Pioneer Press.
The woman was allegedly driving drunk, and had an infant in the car with her.
Police were dispatched for a verbal disturbance, which escalated to a physical altercation. En route to the scene, police stopped a silver car driven by Maria Elena Carrillo, 34, who had left the parking lot.
Carrillo was arrested for second-degree DWI, second-degree DWI test refusal and suspicion of a hit-and-run. She faces more severe charges than she might otherwise because Carrillo has a prior DWI charge and had an infant in the car with her at the time of the incident, according to Sgt. Orth of the St. Cloud police.
Carrillo is currently in police custody at Benton County Jail, and will have to appear in court.
By Morgan Brickley
If you’re drinking and driving in the state of Illinois this holiday season, keep this in mind: When pulled over for DUI, the money you pay in fines will go in part to funding new cop cars and updated breathalyzer machines.
According to a report from the Illinois News Tribune, as much as 20 percent of a DUI fine goes to the arresting county’s police department, while the rest of the fine is distributed to other funds – some of which include new police cruisers and new breath test equipment.
It’s just one more reason to be extra careful on the roads this holiday season – if you don’t get a ticket, you won’t be contributing to state police funding!
By Morgan Brickley
When it comes to DUI, police are concerned primarily with the safety of drivers. However, when that goal starts to impinge upon the interests of local bars and restaurants that depend upon a steady flow of happy customers, a compromise might be in order.
Just such a situation has arisen in the city of Cape Coral, Fla., where a group of downtown bar and restaurant owners were concerned that the frequency of local police’s DUI checkpoints was hurting their businesses, according to a report from ABC 7.
Along the Cape Coral Parkway, an area filled with numerous bars and restaurants, DUI checkpoints were becoming a more and more frequent sight.
While the flagging economy may certainly have contributed to slow business at some of these restaurants, local business owners have recently voiced the suspicion that the DUI checkpoints may also be hurting their bottom line.
Leapin’ Lizards is a bar in the area that has experienced just such a lag in business. Bar owner May Ann Evans told ABC 7 that, rather than the economic conditions, customers are deterred by the police presence on the roads: “They’re just not going through the aggravation. They will avoid going to an area that’s just plagued with constant checkpoints.”
Evans and other business owners in the area have asked police to help find an alternative to the checkpoints that will maintain safety on the roads without compromising businesses in the area.
Recently, according to the report, local police have stated a willingness to massage their strategy by way of compromise.
Cape Coral Police Chief, Rob Petrovich, recently told the media that he is open-minded about compromise, and that he is considering saturation and foot patrols, which help deter drunk driving in a way that bar and restaurant owners consider to be more amendable to business.
“My dream,” Petrovich told ABC 7, “is for their parking lots to be full, for them to be fruitful and at the same time – everybody be safe.”
One local owner welcomes the new strategy. “Hopefully they’ll cut back a little on that and there will be a more personal relationship with the officers rather than a show of force kind of deal,” said Ed Sheridan, the co-owner of Eddie Fishbowls.
The bars and restaurants in the area have agreed, in turn, to explore creative ways to help prevent drunk driving, like taxi shares.
