By Michael
When 19-year-old Benjamin Repinski asked someone to drive him home he may have thought he was doing the right thing. After all, he knew he had been drinking and shouldn’t be driving.
Unfortunately, the driver who agreed had also been drinking – and was only 12-years-old.
On the way home down County Road 12 in Minnesota, she mistook the brake pedal for the gas, veered off the road, and drove through a garden. Repinski then got behind the wheel to drive the two out of the garden and hit a shed, reports CBS News.
The homeowners called the police at about 11:30 pm. When police officers arrived on the scene, they asked to see her license, but she didn’t have one.
Police were surprised to learn the girl Repinski asked for a ride is only twelve years old. They were further stunned when she submitted to a breathalyzer test and was found to have a blood alcohol level of 0.09, according to the Boston Herald.
She was taken to a local hospital because she was complaining of back and side pain, where she was released to her mother. She refused to submit to a blood test.
Even though his blood alcohol level was not over 0.08, Repinski has been cited for underage drinking and driving, consumption by a minor, and allowing an unlicensed person to drive. All of these charges are misdemeanors.
He will be expected to attend an August 27, 2010 court date, reports WQOW. The twelve-year-old was cited for a fourth-degree DWI and for refusal to submit to a blood test, says WCCO.
However, those are not the only two people cited in this peculiar event. While a deputy sheriff was on his way to the hospital to interview the girl about the accident, he noticed a moped wobbling down Highway 43 while driving down the road.
The driver of the moped was wearing sunglasses even though it was the middle of the night. The deputy stopped the moped and cited Daniel G. Arndt, age 21, for operating a motor vehicle while intoxicated. When the deputy asked why Arndt was driving while intoxicated, Arndt replied that he was going to pick up his friend Benjamin Repinski who had been in a car accident.
Winona County Sheriff Dave Brand acknowledged the peculiarity of the event in an interview with WKBT News.
“It’s something you don’t come across every day. In my forty years of law enforcement, I’ve only come across it once or twice.”
One would hope that to be the case.
By Michael
Captain Scott Patrick Sciple, a Marine Corps captain who has been decorated with three Purple Hearts and a Bronze Star for his service, has been charged with DUI manslaughter after a fatal crash on the Florida highway.
Pedro Rivera, 48, was killed in the crash, which occurred at around 4 in the morning on April 25, on Interstate 275, according to the St. Petersburg Times.
Court records revealed that police measured Capt. Sciple’s blood-alcohol content T .255, which is three times the legal driving limit. It was while behind the wheel in this condition that he allegedly drove his Chevy Impala the wrong way on the interstate, and collided with Rivera’s Chevy Malibu.
Rivera was pronounced dead after he arrived at the hospital following the crash.
“This is a horribly tragic case for everyone involved,” said attorney for Sciple John Fitzgibbons.
Sciple was a veteran of four tours of duty in both Iraq and Afghanistan. He was planning to return to the battlefront to serve a fifth tour of duty at the time of the accident. He was home recovering from injuries before deploying again. Fitzgibbons would not elaborate on Sciple’s war wounds.
He joined the military in 2001, and was stationed at MacDill Air Force Base in Tampa, Florida.
“We are presently examining some very compelling circumstances,” he said of the injury situation, “which may involve legal and medical matters, but I’m not going to discuss those at the present time.”
Rivera’s wife, Carmen, was also injured in the accident, as was Sciple. They were both taken to the hospital in serious condition.
It took so long for Sciple to be charged because the court was awaiting the results of the toxicology tests in the case. This was explained as a standard procedure, according to Florida Highway Patrol Sergeant Larry Kraus.
Sciple was also charged with DUI with property damage or personal injury to go along with the DUI manslaughter charge. He was released from jail with a $25,500 bail.
After the military learned of the accident, Sciple was switched to an administrative role, where he now manages paperwork. This move was not viewed as a punishment, which would allow him to more easily deal with legal issues.
By Michael
A Georgia woman who refused to stop her vehicle for police and subsequently got into a car crash will likely face charges after the death of the fetus that she was carrying.
According to an article from ABC News, Jessica Bruce was fleeing police in her car when she hit another vehicle, spun around into oncoming traffic, and then got hit by another vehicle. The accident killed the fetus that she was carrying, according to police.
The initial traffic stop was for speeding. Investigators said that Bruce was traveling about 85 miles per hour in a 65 miles per hour zone outside of Atlanta, in the suburbs. Bruce had to be cut out of the wreckage before she could be taken to the hospital. Another person involved in the crash was also taken to the hospital.
An autopsy was performed on the fetus, which authorities are awaiting the results on. That autopsy will theoretically determine if the fetus’ death was the result of the accident.
A toxicology test was also given to Bruce. Police believe that Bruce was drunk at the time of the incident, though the result of the tests will determine how prosecutors will proceed.
Douglas County District Attorney David McDade told ABC that the early information suggests that Bruce will likely face “feticide by vehicle” charges. “The preliminary investigation leads us to believe she was under the influence of alcohol,” he said. “She was fleeing police at a high rate of speed and driving dangerously.”
The vehicular feticide charge carries a 15-year prison sentence, according to ABC News.
According to McDade, the age of the child is not relevant under Georgia law, as long as it was alive just before the incident. “There will almost certainly be criminal responsibility,” he said.
Bruce won’t be charged until she leaves the hospital, according to McDade.
Twenty-four states have the “fetus as victim” written into laws that relate to DUI cases. Some states have laws that vary based on the age of the fetus. Some states have penalties starting at 7–12 weeks, while five states have laws saying that a 16-18-week-old fetus can get someone a full-blown murder charge. Three other states call 28 weeks that cut-off point.
By Morgan Brickley
According to the National Highway Traffic and Safety Administration, the number of deaths caused by drunk driving decreased by seven percent between 2007 and 2008.
The number of deaths in 2007 was 13,041 and in 2008 it was recorded at 11,773, which is 1,268 fewer deaths than the previous year.
This recent decrease mirrors a trend that has been happening in the U.S. since the 80s. In 1982 there were more than 21,000 DUI related fatalities – that number has decreased 44 percent since then.
The states with the most improved rates of DUI-related deaths are Maine, Vermont and Wisconsin. Montana is the state that has the highest rate of DUI deaths – but the Montana rate did drop 10 percent from 2007 to 2008.
DUI-related fatality rates did fall in 40 states from 2007 to 2008.
According to Transportation Secretary Ray LaHood, each state’s law enforcement actions directly affect the rate of DUI fatalities.
By Morgan Brickley
Famous actor Mel Gibson recently had his drunken driving conviction expunged, the Los Angeles Times reported.
Gibson was pulled over back in July 2006 by a sheriff’s deputy on the Pacific Coast Highway in Los Angeles, Calif.
Gibson was driving his Lexus Sedan over 85 mph. He was given a breathalyzer test and his BAC content was at 0.12 percent – the legal limit is 0.08 percent.
According to CNN, Gibson was charged with a misdemeanor of drunken driving and an open container of alcohol in his vehicle. The open container charge is considered an infraction of the California Vehicle Code.
This was Gibson’s first offense, which is why he was able to expunge his record – or remove the DUI from his record.
He was eligible to expunge it from his record after he completed the terms of his probation. Gibson attended alcohol anonymous meetings, appeared in public service announcements and paid $1,300 in fines.
After the incident, the celebrity Web site TMZ posted Gibson’s arrest report. The report shows that Gibson did not go peacefully with the officer at the time of his arrest. He allegedly had an obscene outburst and tried to flee from the arresting officer, and then threatened the officer several times.
According to CNN, Gibson also made racial slurs, which became very public after his DUI arrest.
He stated, “The Jews are responsible for all the wars in the world.“ He then continued to ask the deputy if he was Jewish. This one night of drunken rowdiness may be expunged from his record, but not from the public eye.
CNN also reported that Gibson later released a statement after he made the comments: “I want to apologize specifically to everyone in the Jewish community for the vitriolic and harmful words that I said to a law enforcement official the night I was arrested on a DUI charge.”
He continued to state he blurted the comments out in a moment of insanity.
After Gibson’s arrest, people speculated he would get “special” treatment being a famous star, but an independent review board did find the sheriff’s department handled Gibson’s arrest “in accordance with its policies and practices.”
By Morgan Brickley
According to multiple news sources, police departments in several states – including California, Colorado, Illinois and Utah – are planning special DUI checkpoints on roadways for the Halloween holiday weekend.
The Arizona Department of Public Safety reported that Halloween is especially bad for drunken drivers on the roads.
Across the state of Colorado, law enforcement officers will increase patrols for DUI starting at 6:00 p.m. tonight until 3:00 a.m. on Nov. 2.
Utah state troopers warn residents, “If you’re going out to celebrate Halloween, be sure you have a designated driver.
Drunk driving is more common around holidays – and police forces across the nation know it. Lesson to be learned? If you’re going out this Halloween, be careful so you don’t end up with a DUI.
By Morgan Brickley
The state of Utah recently released its seventh annual DUI report, tracking DUI arrests, accidents and fatalities in the state in 2008.
The report contained significant positive developments in overall DUI arrest and fatality numbers, as well as some illuminating facts about DUI arrests and underage drinkers.
Among the positive news in the report is a decrease in DUI fatalities in the state from 2007 to 2008. In 2007, there were 42 DUI-related fatalities. In 2008, that number dropped to 34.
Utah, which often has the lowest rate of DUI-related fatalities in the nation, fell one spot to second-lowest in 2008 – Vermont edged out Utah with the lowest rate. Utah came in with a 16.7% DUI-related fatality rate. The national average for U.S. states, according to the report, is 32 percent.
The report goes on to provide statistics about those arrested for DUI in Utah.
In the 2009 fiscal year, there were 15,683 DUI arrests, which represented a rise of 386 arrests from the previous year. Of those arrested, 76 percent were male and 10 percent were under the legal drinking age of 21.
The average blood alcohol content recorded in Utah DUI arrests was .14 percent, which is twice the legal limit of .08 percent. The highest blood alcohol content recorded in an arrest was .43 percent, which is five times the legal limit.
Of those arrested, 67 percent were first-time DUI offenders, 21 percent were second-time offenders and 8 percent were third-time offenders.
The average jail sentence for a DUI offense was 151 days, and the average fine for a DUI conviction was $1,468.
The creator of the report, the Utah Commission on Criminal and Juvenile Justice, put the spotlight on not only the overall statistical element of DUI in the state, but also on the personal impact of DUI on individuals and families.
The report’s introduction tells the story of Wendy Kerbs, a 54-year-old resident of Roy, Utah, who died tragically as a result of DUI.
Kerbs was gardening in her front yard when an SUV swerved into the yard and struck her. She died soon after.
The driver of the SUV, Richard Allan Bash, lost control of his vehicle while driving more than 50 mph down the quiet residential street. He crashed through a light pole and several trees before striking Kerbs.
Police apprehended Bash despite his attempt to flee, break into and hide in a neighboring home. He was driving under the influence of alcohol as well as other drugs, and had seven previous DUI convictions on his record.
The report also outlined state efforts to highlight the dangers of DUI, as illustrated by the Kerbs story, in an extensive media campaign.
The campaign focuses on those aged 21-34, but also targets high school and college students under age 21.
Public service announcements included radio and television ads, billboards, event displays and print ads in college newspapers. The multi-media campaign is funded by the National Highway Traffic Safety Administration.
By Morgan Brickley
On Tuesday, August 18, James Dean Lessard pleaded guilty to his 11th DUI offense.
The man from Billings, Mont. has 10 previous DUI convictions in Wyoming and Montana, with his first DUI in 1990 and most recent DUI offense in 2001. Currently, a plea agreement would sentence Lessard to 10 years in prison as a persistent felony offender.
If Lessard is classified as a persistent felony offender, future DUI offenses could mean an additional prison sentence of 100 years.
Lessard admitted before District Judge Russell Fagg that he was under the influence while he was driving on April 8. His car car hit another car in a grocery store’s parking lot.
He is scheduled to be sentenced on Oct. 26.
Source: Billings Gazette
By Morgan Brickley
Kansas University will be adding another requirement this year for some students. New students under the age of 22 will be required to take a two hour course on the affects and dangers of alcohol.
The class is part of the initiatives the University is taking after two students died in unrelated alcohol incidents last spring from underage binge drinking.
University officials believe the course is realistic because it assumes that most students do drink, regardless of age. The class teaches students about the affects alcohol consumption has on the body and decision-making abilities.
“It’s not, if you will, a message of abstinence, because, I think we are realistic that telling students not to drink at all probably isn’t as helpful as saying this is how you can be safe,” Marlesa Roney, vice provost for student success, told the press. “By providing detailed information on the effects of alcohol in an easily accessible, interactive format, we hope to help students make wise choices while in school and throughout their lifetimes.”
The University also plans to notify parents about drug and alcohol violations by students 21 or younger. Alcohol amnesty will be offered for students who call for medical assistance concerned about alcohol poisoning whether the incident involves themselves or a friend.
The changes in the University’s policy comes after the deaths of Jason Wren and Dalton Eli Hawkins. Wren, 19, was found dead at his Sigma Alpha Epsilon fraternity house on March 8. His blood alcohol level was four times the legal limit. In April, Hawkins fell off the roof of a dorm and died after drinking.
Source: Lawrence Journal World and KARE 11
By Morgan Brickley
Fellow DUI Bloggers:
Total DUI is looking for submissions for our first 50 Best of the Best Blogs on DUI.
People facing charges for driving under the influence search the Internet for useful information on how to handle their DUI offense. DUI bloggers are all over the Web to help those in need find out what they can expect in consequences, legal proceedings, etc…
You have all been working very hard to make sure your readers are up-to-date, so now is the time to be recognized for your efforts. The Best of the Best blogs list will be promoted throughout social media networks.
If you think your blog should be considered, please e-mail Total DUI (dui@totalattorneys.com) by Wednesday, August 12, 2009 at 5 p.m. CST. In your e-mail please include the following:
- Description of your blog – please keep it under 200 words
- Why your blog is the best
Thank you for your suggestions and good luck!
NOTICE: Any entrants chosen will be listed at the discretion of TotalDUI, Inc. and its affiliates. Those listed (i) agree to be bound by the decisions of the judges and/or TotalDUI, Inc., (ii) represent and warrant that they are the sole creator and owner of the blogs submitted by them, (iii) agree that TotalDUI, Inc. may publish the names of their blogs without further compensation to the entrant, and (iv) agree that no claim relating to damages or losses shall be asserted against TotalDUI, Inc. or any of its affiliates. TotalDUI, Inc. makes no warranty, guaranty or representation of any kind concerning this contest in general.
