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 Erin K
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 Erin K
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 Erin K
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.
By Erin K
On the night of Saturday, July 25, the Chief of Police of Alexandria City, Virginia was arrested and charged with a DUI after he hit another vehicle near Interstate 66 and North Fairfax Drive.
David P. Baker had been driving a city-issued green Ford Explorer in Arlington County when he caused roughly $900 in damage to either vehicle. His blood alcohol level was reported to be 0.19—twice the legal limit in the state of Virginia.
Baker, 58, submitted his resignation on Monday, July 27. Prior to his resignation, Baker’s attorney James Clark insisted that his client had no intention of resigning.
City Manager James K. Hartmann initially ordered an investigation of the incident and told the Washington Post he would “wait for the findings of the internal review” before making a decision on how to proceed. In the mean time, Baker had been put on administrative leave.
Hartmann stated, “It is very disappointing when one of our colleagues makes a bad decision.”
If convicted, Baker will face a minimum of five days in jail due to his blood alcohol level more than doubly exceeding the legal limit, according to the police report.
Baker will leave his post officially on Friday and will temporarily be replaced by Deputy Police Chief Earl Cook who will serve as acting chief.
Source: Washington Post
By Erin K
According to the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System, California DUI deaths have dropped 9.1% for the third year in a row. In 2007 nearly 1,132 people died in DUI accidents, while in 2008, the number decreased to 1,029.
“With this third year of declines in DUI deaths, we can truly call it a trend, a trend of life saving importance,” said Christopher J. Murphy, Director of the California Office of Traffic Safety (OTS).
“Law enforcement, state and local agencies, Mothers Against Drunk Driving (MADD) and other safety advocates, and the people of California have come together to address this deadly problem and are now seeing the results. As positive as these figures are, though, we can never let up until we achieve our goal of zero deaths.”
The count for 2008 marks a total decrease of nearly 21% from the most recent high statistic in 2005.
California has used many different tactics to address the DUI problem, including increasing youth public awareness programs, as well as hospital and jail based intervention programs.
The state has also expanded prosecution and probation. Police have increased DUI checkpoints, the Avoid DUI Taskforces program and Report Drunk Drivers – Call 911 campaign.
Source: PRNewsWire.com
By Erin K
According to a survey released by the National Highway Traffic Safety Administration, fewer Americans are drinking and driving, but one in six drivers are driving while on drugs during the weekend.
The data was released on Monday, July13 from a survey conducted in 2007. The survey showed that 2.2% of drivers were legally driving drunk, with a blood alcohol level of .08% or higher.
The first time this survey was conducted was in 1973, where the data showed 7.5% of drivers had a blood alcohol level of .08% or higher. This survey was also conducted in 1986 and 1996.
Although the Transportation Secretary Ray LaHood is pleased to see the drunk driving battle is successful, he point out that “alcohol still kills 13,000 people a year on our rads and we must continue to be vigilant in our efforts to prevent drunk driving.”
The same survey also found that 16.3% of drivers on the road on weekend nights tested positive for drugs. This was the first time the survey checked for drug use while driving.
The most commonly used drugs by drivers were marijuana at 8.6%, cocaine at 3.9% and over-the-counter and prescription drugs at 3.9%.
“This troubling data shows us, for the first time, the scope of drugged driving in America and reinforces the need to reduce drug abuse,” said Gil Kerlikowske, director of the Office of National Drug Control Policy.
The 2007 survey included the answers of almost 11,000 drivers who entered random survey sites set up across the country to questions drivers who agreed to participate.
Source: CNN
By Erin K
Recently Gov. Jack A Markell signed two new bills into law to create stricter DUI penalties for people convicted of a DUI offense in Delaware.
House Bill 152: Increased Fines and Jail Time
House Bill 152 increases DUI fines for subsequent offenders, especially drivers with five previous DUI convictions. The bill also called for increased jail time for subsequent DUI offenders and creating a felony DUI for drivers with six and seven DUI convictions.
Last year there were approximately 6,916 DUI arrests, of which 59 people had been previously arrested at least five other times for drunk driving. Since January of this year, 3,213 drivers have been arrested for DUI, with 40 of those people having five or more previous DUI arrests.
House Bill 177: Strict Penalties for First DUI Offense
The second bill signed into law strengthens penalties for a first time DUI offense if the driver has a blood alcohol level of .15% or higher.
If convicted of a DUI with a BAC of .15%, the period of hard revocation for those who are mandated to have an ignition interlock device is increased from 30 to 45 days.
The driver’s license is suspended for six months instead of three, and the ignition interlock device must be used for six months.
The bill limits driving authority of an ignition interlock device licensed driver to work, home, school, alcohol treatment programs and interlock service provider appointments.
Source: Sussex Countian
