The arrest occurred in Miami Beach, a favorite hangout of professional athletes and people who like to encounter professional athletes.

Jail records obtained from Miami-Dade County authorities show that Smith was booked on Saturday night for drunk driving and that he was being held on a $1,000 bond.

A spokesperson for Miami-Dade County Corrections told reporters that Smith had indeed been arrested by Miami Beach police, but did not offer any specifics as to the nature of the arrest.

In a statement released just hours after the arrest, the San Francisco 49ers acknowledge that they were aware of the arrest, but, perhaps not surprisingly, refused to comment on the matter.

According to the team’s statement, the organization “takes these issues very seriously, but will reserve further comment at this time, as it is an ongoing legal matter.” The team did claim, though, that it would “continue to gather the facts and monitor the developments closely.”

The arrest comes as a black eye for both Aldon Smith and the 49ers, which lost in heartbreaking fashion last week to the New York Giants in the NFC Championship Game.

Before their loss, however, the 49ers had experienced a wildly successful season, as new coach Jim Harbaugh oversaw a dramatic change in fortune for the previously moribund franchise.

A major part of the team’s success was its league-leading defense, which was bolstered by the sterling play of Smith, who had 14 sacks from his defensive end position in 2011. The 14 sacks ranked first in the NFL among rookies.

Smith, who was drafted in the first round as the seventh overall pick of the 2011 NFL Draft, entered the league with high expectations, and certainly fulfilled them during his first year by setting the franchise record for sacks by a rookie.

The recent arrest, however, has ended Smith’s honeymoon phase with the franchise. If he is indeed convicted on the DUI charges, Smith could also receive some form of punishment from the team.

While the law typically gives first-time drunk drivers some jail time, heavy fines, or a suspension of their license, professional athletes often face fines or suspensions from their teams, as well.

In some circumstances, professional league offices also step in to mete out some punishment, although it remains to be seen if Smith will draw the ire of the NFL commissioner’s office.

The proposal, not surprisingly, has garnered plenty of criticism in the state, particularly from the local chapter of Mothers Against Drunk Driving, according to a report from WSB TV.

Barry Martin, the executive director of Georgia’s chapter of MADD, says he was surprised that anyone would even propose such a bill, as it could reduce the deterrent effect offered by harsher DUI sentencing.

Supporters of the bill, however, argue that it will give people who were convicted of drunk driving a second chance, and that it will reward people who learn to drive responsibly after their arrests.

The bill, which is labeled House Bill 799, would allow evidence of a DUI to be “permanently expunged” and “completely removed” from the record of the person who was previously convicted, provided that he or she maintain a completely clean driving record for five years.

Such a strategy would reward drivers for good behavior after their convictions, and potentially help people who have a hard time securing a job due to their criminal record.

The bill, however, does not distinguish between first-time offenders and people who have been arrested for multiple DUI offenses, according to Martin.

In addition, Martin claims that the proposed DUI law does not distinguish between DUI arrests that do not involve an accident and those that involve injuries or fatalities.

By refusing to distinguish between the nature and number of DUI arrests experienced by one person, Martin claims, the government is putting itself at a disadvantage and may potentially be clearing the records of people who are dangerous to the community.

Georgia police also hint that removing past DUI arrests from a person’s record could hamper police investigations into drunk driving accidents.

However, despite the criticisms, supporters of the bill emphasize that a record of a DUI conviction can have a permanently negative influence on an individual, and that people who change their habits shouldn’t be punished their entire life for one offense.

The one-page bill raises interesting questions about the merits of privacy and forgiveness, and the alternative interests of the community as a whole to protect pedestrians and other drivers.

State lawmakers across the country will undoubtedly follow the progress of Georgia House Bill 799, as its passage could suggest shifting attitudes towards DUI punishment.

This dangerous mixture, however, recently occurred in San Francisco when an alleged drunk driver steered his SUV into the start of an underground train tunnel, which, predictably, caused a bit of chaos.

The driver, 40-year-old Scott Mitchell, a resident of Sebastopol, California, was charged with three different crimes, including driving under the influence, after speeding into a municipal train tunnel at 6 a.m. last Thursday morning.

Mitchell was able to progress at a clip of roughly 40 miles per hour in the inbound direction of the morning trains. His progress was stopped about a half mile into the tunnel when his car became lodged between the tracks.

Tyonne Julian, a city employee who witnessed the bizarre event, claims that Mitchell actually switched tracks halfway through his tunnel drive in order to miss an oncoming train. Observers noted that it was a miracle that Mitchell didn’t ram into a train.

When Julian saw the crazed driver, he radioed city officials to stop the morning train traffic, which was put on hold for more than two hours as cleanup crews made the tracks safe again for train travel.

Of course, this two-hour delay occurred during a weekday downtown rush hour, which caused untold frustration among the hundreds of thousands of San Francisco commuters who were adversely affected that morning.

For his efforts, police charged Mitchell with a strange combination of violations, including driving under the influence of alcohol, driving on train tracks, and failing to obey a traffic sign (which, presumably, warned drivers that the train tunnel was not, in fact, for vehicles).

And while Mitchell may have failed to correctly practice the art of taking public transportation when drunk, he was at least honing in on the correct form of transit.

For people who like to drink, and have the advantage of living in a metropolitan area, forms of public transportation such as the bus or a train offer a safe, often enjoyable way to get home.

Even people under the influence of all sorts of substances typically have the capacity to climb aboard a train or bus and stumble out at the appropriate exit. Buses and trains have likely saved countless drivers from unwanted drunk driving arrests.

Of course, trains and buses aren’t the only alternative form of transportation for people who’ve had too many drinks. If, for example, you have extra cash on hand, taxis offer a more expensive, but equally safe form of transit.

On the other hand, if you are poor in cash but rich in friends, calling someone else to drive you home or designating a sober driver at the beginning of the night can help ensure that you get home without an encounter with angry police.

The South American race car driver, 20-year-old Joao Paulo Escudero Mauro, made his first appearance this Friday in Miami-Dade courtroom, where the judge set his bond at a lofty sum of $250,000.

Despite this high price tag, though, Mauro soon posted bond later that afternoon, but the court will follow his movements with an ankle monitor and the Brazilian driver had to surrender his passport.

According to a report from Miami Beach police, Mauro was driving his Mercedes-Benz SUV on Collins Avenue at a speedy clip of 60 miles per hour in a 30 miles per hour zone. While he was speeding north on Collins, Mauro allegedly swerved to the left and drove onto a nearby sidewalk.

At the same time, which was roughly 1:30 a.m. last Thursday night, 45-year-old Russell Knudson was trying to squeeze his bicycle into a rear door of his Toyota SUV when he was hit and killed by the speeding Mercedes, according to police.

After the accident, Mauro allegedly drove the Mercedes further along the sidewalk until he eventually stopped several yards later.

When police made first contact with Mauro, he reportedly had bloodshot eyes and a flushed face, and his breath apparently smelled like alcohol. Mauro admitted to police that he had been drinking earlier, and he claimed that he swerved his car to avoid another vehicle that had stopped in traffic in front of him.

While the presence of another car in the road could support Mauro’s claim that he is not guilty, Mauro’s felony DUI charge could be enhanced by the possible presence of drugs, as well as his admitted alcohol use.

When police arrested him, they noted that Mauro’s left nostril contained a “white powdery substance” and the arresting officers found a small bag of a substance that looked a lot like cocaine. The bag was found close to the area where Mauro was standing.

So, in addition to the charges of DUI manslaughter and vehicular homicide, the Brazilian national will also have to defend himself against a charge of cocaine possession.

Police also noted that Mauro had “a white powdery substance in his left nostril,” and that they found a small baggie of what appeared to be cocaine near where he was standing. He was later charged with cocaine possession in addition to the DUI and vehicular homicide charges.

Mauro, however, remains undaunted, and his attorney said that he and the defendant “believe that the evidence will show that Mr. Mauro was not driving under the influence or involved in vehicular homicide.”

In addition to this claim of innocence, Mauro’s attorney also acknowledged that the defendant felt “very badly for the Knudson family.”

Mauro has competed for a few years in Brazilian stock car racing and recently made his American appearance last June at the Road America 200 Continental Tire Sports Car Challenge in Wisconsin.

According to a recent, tongue-in-cheek, report from the Chicago Tribune, an Illinois man wearing very little clothing (on a cold winter day, no less) was recently arrested under the suspicion of driving under the influence.

The man, whose actions certainly qualify him for consideration as the year’s silliest DUI offender, was charged with a misdemeanor DUI after he rammed his black 2009 Honda into the side of a police squad car on Chicago’s Northwest Side.

Around 11:00 a.m. last Saturday morning, a concerned citizen called police to notify them that a man was driving down a back alley in the wrong direction. The caller suggested that the driver appeared to be swerving, as well.

Police quickly responded to the call, and blocked one of the alley exits. In an effort to escape the situation, the driver casually drifted into a police car.

The occupants of the police car were further surprised when the man with the poor driving skills tumbled out of his Honda wearing only underwear and some socks. Sources do not indicate the type or color of either item of clothing.

The driver, who was identified as 24-year-old Arsenio Garcia, was charged with a misdemeanor DUI, driving the wrong way down a one-way street, illegally using an alley as a through-street, failing to reduce speed, damaging public property, and driving without a license or insurance.

Garcia will also be tried in the court of public opinion on charges of bad taste. The very bad day for Garcia ended at a hospital, where he was treated for minor scrapes to his face.

The officer who was in the squad car at the time of the collision was also sent to a hospital, where he was treated and released for minor injuries.

This incident offers a few good lessons for future drivers. First, and most importantly, if you have a few drinks in your system and feel a bit wobbly, chances are that you are not in the best condition to drive.

Taking a taxi, calling a friend, or using public transportation are all much better alternatives to spending the night in jail and facing potentially thousands of dollars in fines and a loss of a driver’s license.

In addition, regardless of whether one is driving drunk or driving sober, the use of proper attire tends to make police officers somewhat more compassionate in their subsequent treatment after a traffic-related arrest.

Fully clothed drivers, to say the least, have a better chance of convincing officers of their sobriety than men clad in only their skivvies and footwear. So, noble drivers—buckled up, sober up, and, for the love of civilization, put on some pants.

District Judge Brigette Officer told Fakih that legal proceedings had dragged on long enough after her December DUI arrest, and that Fakih would soon have to stand trial for her drunk driving charges.

Fakih, a 26-year-old from Dearborn, Michigan, had been charged with misdemeanor drunk driving after her arrest on December 3. The police report from the incident claims that Fakih has been driving erratically at high speeds, and had failed to use a turn signal.

Perhaps more troubling for the Dearborn native than her alleged erratic driving, though, was the presence of a half-empty bottle of Moet & Chandon Champagne behind the driver’s seat of her flashy 2011 Jaguar.

After her arrest, Fakih’s blood alcohol content was measured at 0.19 and 0.20, both of which are far above the state limit of 0.08.
Unfortunately for the former Miss USA, Fakih’s high blood alcohol level qualified her for conviction under Michigan’s ridiculously named “Super Drunk Law,” which allows judges to impose stricter penalties on first-time offenders.

Many states have enacted similar laws in recent years in an effort to deter more young drivers without prior DUI convictions to keep their records clean.

Prosecutors in this case, however, have chosen not to charge Fakih under the “Super Drunk Law” and instead are looking to impose a more routine sentence for a lesser charge, driving while impaired.

In the latest hearing, the judge apparently lost her patience with Fakih’s delay tactics. The first proceeding, scheduled for December 21, had been delayed because Fakih’s lawyer was unable to attend.

After Fakih made her latest request for a delay, the judge politely declined, and ordered Fakih to face trial on March 14. If she is convicted, Miss USA 2010 could face up to 93 days in jail, as well as potential fines or the loss of her driver’s license.

In many first-time DUI trials, defendants are often forced to serve some jail time, pay a fine, or perform community service, but judges typically do not impose the maximum possible sentence.

And, in many cases, defendants simply negotiate with the judge or prosecutors to enter a plea bargain, which typically involves an admission of guilt in exchange for a lighter sentence. This option still remains open to Fakih.

States like entering plea bargains with criminal defendants because it saves the time and hassle of a trial, while still holding the drunk driver responsible for his or her actions. This reality might help Fakih escape a harsh sentence.

According to a report from KIVI-TV in Boise, Idaho, which cited evidence offered on an auto insurance website, men are about three times more likely to be arrested for a DUI, reckless driving, or driving without a seatbelt.

And, before male readers unleash their outrage at potentially misleading statistics, these numbers are backed up by insurance company practices.

In Idaho, for example, average car insurance premiums are 14 percent higher for men than they are for women. It seems that car insurance companies, which have a vested interest in doing ample research on safe driving, buy into the adage that men have a tendency to be more reckless behind the wheel.

In addition to the findings about DUIs, the study also discovered that roughly 80 percent of accidents involving cars hitting pedestrians are caused by men.

Of course, not everyone is convinced that men are more aggressive drivers. The report interviewed local body shops in Idaho, which confirmed that they see a 50-50 split in body work requests from drivers.

In addition, anecdotal evidence from following police blotters suggests that women are frequently asked to submit to blood alcohol tests, though it must be admitted that more male offenders seem to dot the DUI headlines each week.

And, while the debate may continue between men and women about their driving habits, there are certain demographic trends that help guide police efforts to reduce the overall instances of drunk driving.

For example, it has been conclusively shown that young people are more likely than older drivers to be arrested for driving under the influence of alcohol.

Due to this reality, ant-DUI marketing campaigns led by local governments and non-governmental organizations tend to focus their messages on younger audience to maximize the potential impact of their ad campaigns.

Thanks to the success of these forms of targeted marketing, statistics showing the proliferation of male drunk drivers may ultimately lead concerned police to target their messages to specifically male audiences.

If, in the future, anti-DUI messaging is restricted solely to young males, incidences of DUI arrests may very well decline. However, while statistics help reveal the realities behind DUIs, the act of driving while drunk has proven to be very difficult to eradicate.

Each year, millions of people get behind the wheel after having too many drinks, and a painfully small percentage of these drivers are ever caught.

By targeting DUI enforcement to certain populations, such as young males, police officers may be able to put a bigger dent in the problem of drunk driving than they would if they were casting a wider enforcement net.

Yes, this could be viewed as gender or age profiling, but in a country that sees 40,000 traffic deaths each year, drastic measures could be necessary to reduce the number of fatalities on American roads.

Sources indicate that the 42-year-old driver, whose identity has not yet been released, was stopped last week on suspicion of drunk driving at around 10:00 p.m. in Santa Clara, California.

When the responding officer saw that the man was being uncooperative, he called for backup from a nearby fellow officer. According to a police report, before additional officers arrived, the suspect was seen reaching for a revolver in his car.

In a statement released by Santa Clara police captain Phil Cooke, the officer on the scene “fired in self-defense based on the suspect’s actions.” The shots fired by the officer ultimately proved fatal for the suspected drunk driver.

Again, according to Cooke, “unfortunately, the suspect was pronounced dead at the scene, but we’re grateful there were no other injuries.”

Police shootings of suspects, whatever the situation or crime, always foster a great deal of public scrutiny, and this incident will likely follow suit. Santa Clara police officials and other authorities have already launched a full-scale investigation of the matter.

While the investigation is proceeding, the officer who fired the fatal shots will be placed on administrative duties and temporarily taken off the streets. Sources indicate that the officer has been a member of the Santa Clara police force for two years.

This incident, while harrowing, raises a few interesting issues about DUI arrests. First, since police officers never know the mindset of the person they are pulling over, they often approach even routine traffic stops with a heightened level of awareness.

As a result, drivers should refrain from making sudden movements, or taking any steps that might make it appear like they are reaching for a weapon.

In addition, drivers are cautioned to pull over in a relatively non-busy and well-lit location, both for the protection of themselves and the officers.

Moreover, when an officer approaches your vehicle after you have been pulled over, keeping your hands on your steering wheel shows the officer that you are not dangerous and allows them to approach your car with a greater degree of comfort.

Finally, and this seems like an obvious statement but it must be emphasized, drivers who are pulled over, especially on suspicion of drunk driving, should remain polite and relatively cordial during their discussion with police.

Any aggressive words, even if they are not supported by violent actions, could be interpreted by police as a sign of hostility, which could lead to further criminal charges, or, in the worst case, unwanted violent action.

A man who was kayaking in the Gulf of Mexico discovered the pedestrian’s injured dog struggling to swim several hundred yards off the Florida coast, according to a story in the Washington Post.

Sources indicate that 53-year-old Donna Chen was jogging with her dog, Barney, on a sidewalk in Siesta Key, Florida, an island located about 40 miles south of St. Petersburg.

According to a police report, Chen and her dog were struck by 22-year-old Blake Talman, who had been involved in an accident moments before and struck the jogging woman while he was attempting to flee the scene.

After the accident, an injured Barney, a Hungarian Vizsla, leapt into the ocean out of fear and began swimmingly desperately out to sea.

Several hours later, a vacationing kayaker from Bellingham, Washington discovered Barney swimming towards him while the man was trying to fish.

The kayaker, Rory O’Connor, claims that he pulled Barney into the water and noted that the dog appeared “really scared.” In addition, the dog had several wounds on his leg and was bleeding profusely. O’Connor captured the rescue on his video camera, and the footage has become something of a viral hit.

When O’Connor took the dog ashore, his sister observed that Barney was a Vizsla and reminded her brother that the dog might have a microchip, an increasingly common used by pet owners to identify lost animals.

Shortly thereafter, O’Connor took Barney to a veterinarian, who discovered a microchip and was able to identify the dog’s owner. Then, O’Connor was able to contact Chen’s family, which is how he learned of the woman’s tragic death.

Police are still befuddled as to how the dog managed to swim more than a mile away from the accident, and this feat may remain a mystery. Sources indicate that the dog is recovering and should soon return back to full health.

Police, however, declined to comment on the dog because the vase is a vehicular homicide and remains under investigation.
Of course, despite the remarkable story of Barney’s rescue, Chen’s family is mourning her loss, which could have been prevented.

Sources say that Talman, the driver who struck Chen, is facing charges of DUI manslaughter, and is being held without bail at the Sarasota County Jail in Florida. There is little doubt that Talman will likely face an extended period behind bars for the accident.

While routine DUI arrests typically involve some jail time, a suspended license, or a fine, felony DUIs—especially those that involve the death of an innocent person—are an entirely different matter.

A recent incident, however, in Bassett, California illustrated what happens when good Samaritans take the law into their own hands.
According to a recent story in the San Gabriel Tribune, the suspected drunk driver—a man in his mid-40’s whose name has not yet been released—tried to flee the scene of a crash on a California freeway but was thwarted by concerned citizens.

The driver had caused a crash around 5 a.m. that clogged morning traffic on the 605 Freeway for more than an hour, according to logs from the California Highway Patrol.

The crash involved the driver’s Honda Pilot and another vehicle and, despite the driver’s high level of intoxication, the crash did not cause any serious injuries, according to an interview with CHP Officer Luis Mendoza.

In the interview, Officer Mendoza said that the drunk driver tried to flee the scene immediately after the accident. In addition, Mendoza admitted that he could not verify some reports that suggested the driver tried to steal another car when he was running away from the scene of the crash.

According to Mendoza, other drivers “saw him kind of staggering, walking away from the scene.” When they tried to hold in place, the drunk driver reportedly became “a little aggressive.”

Despite the driver’s aggressive stance, one passerby was able to handcuff the man with flexcuffs, and then forced the man to sit down. Once the man was handcuffed and seated, several citizens kept an eye on him to ensure that he wouldn’t try to flee again.

Of course, after all this effort, the driver remained uncooperative when police arrived, as he refused to take a sobriety test and did not answer the officers’ questions. Nevertheless, because of his behavior and other obvious signs, the police concluded that he was under the influence of drugs or alcohol.

When CHP officers arrived, the suspect was not cooperative and refused to submit to sobriety tests, the officer said. Officers determined he appeared to be under the influence of drugs or alcohol.

Now, the driver will face potential fines, a suspended license, or even jail time as a result of his transgression. If he had injured any of the other motorists, or if he had injured a police officer, the possible sentence he would face would be much worse.

And despite the courage of the other drivers who detained the drunk man, people who are not trained police officers are typically discouraged from taking the law into their own hands, particularly if the situation involves a dangerous person.

Of course, this advice didn’t stop a few brave motorists in California from detaining an obviously inebriated driver.