Nov

15

Michigan Fan Arrested for DUI Blames Actions on Football Team

By johnclark

By

A diehard Michigan football fan blamed his recent DUI arrest on his favorite team’s poor performance the previous day, according to a report from CBS News.

Sources say the 25-year-old man was reportedly arrested on a drunk driving charge in southern Michigan after police officers sound him lying with his head on his arm inside his 2014 Chevrolet Cruze in the parking lot of a local Sunoco.

When officers asked him to explain why he was intoxicated, the driver claimed he drank too much that night because he was upset that Michigan’s football team had been upset by its rival, Michigan State, by a decisive 29-6 margin the previous.

The man, who explained this to police while he was being booked, also said he was upset with the play calling by the team’s offensive coordinator, Al Borges.

Indeed, the Wolverines turned in a disappointed performance against their rivals last week, but it certainly doesn’t provide an excuse for drunk driving. Nevertheless, this bizarre DUI arrest raises two important notes about drunk driving.

First, many drivers assume that if their car isn’t on the road, they cannot be arrested for drunk driving. This, however, is a common misconception in most states.

Under the DUI laws of most American states, you can be held liable for driving under the influence if you are intoxicated and in control of your vehicle. So, for example, if your car is parked, but your keys in the ignition and you’re in the driver’s seat, you may still be arrested for drunk driving.

The rationale for this law is that, if you’re not in a state of mind conducive to driving, you should not be in any control of a vehicle, regardless of whether the car is actually moving.

In addition, the other lesson to learn from this bizarre is that, if you’re arrested under suspicion for drunk driving, you shouldn’t say anything to the police until you are given a DUI attorney.

Constitutional law protests your right to not incriminate yourself. You do not have any duty to answer questions posed by police officers after your arrest. In fact, during the booking process, it’s best not to say anything at all.

Police technically aren’t supposed to pressure you into offering a confession, but if they do, remember your legal rights. Of course, telling police you were upset about a football loss is one thing. But telling police you drank and drive because of the loss is an entirely different, and self-defeating, decision.

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Nov

13

Suspected Drunk Driver Kills Two Others in Fatal Los Angeles Crash

By johnclark

By

A suspected drunk driver killed two of her car’s passengers after a fatal DUI accident this week in Los Angeles, California, according to a report from the Los Angeles Times.

Sources say the 22-year-old driver of the car, which crashed on the heavily traveled 110 Freeway early last Sunday, was steering a 2011 Nissan Sentra with several passengers when she careened off the road, struck a tree, and then stopped at a chain-link fence.

The one-car accident reportedly killed two passengers, Blanca Almanza, 23, and Ana Cuadra, 22, both Los Angeles residents who were pronounced dead at the scene after paramedics determined they were “beyond help,” according to sources.

The two other passengers in the car, as well as the driver, were taken to area hospitals, although no word is yet available on their conditions, according to a report from the California Highway Patrol. Sources say the young driver, a resident of San Gabriel, has been arrested on suspicion of drunk driving.

Sources speculate that the one-car accident occurred when the driver was going at a very high rate of speed, which, if true, would explain the severe consequences of the potential DUI.

According to reports, the accident, which took place at about 1:35 a.m. near the Avenue 52 exit, caused severe damage to the car, which hindered the ability of responding emergency officials to offer prompt aid.

According to Los Angeles Fire Department spokesman Brian Humphrey, firefighters who responded to the accident had to use hydraulic prying tools to rescue at least two of the victims from the car. Of course, their timely response may have saved several lives.

In the interim, once she recovers, the driver of the car will have a significant amount of legal defense to muster, as the potential consequences of a fatal DUI accident are quite severe.

With a non-injury first-time DUI offense, many offenders can escape with simply a fine, a driver’s license suspension, and a bit of probation, depending on the nature of their crime and the quality of their DUI defense.

But fatal DUI accidents are increasingly punished with lengthy prison sentences, as many states have established strict minimum jail tenures for people convicted of felony DUIs.

And this is not to mention the incredible psychological pain the driver must be going through, knowing that she led to the death of two of her friends. The lesson, as always: Don’t drink and drive. If you feel you’re too drunk to drive, the few dollars you spend on a cab could save a lifetime of regret.

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Nov

5

Using a Taco for an ID Still Results in a DUI

By Mary Ann

By

A Palm City, Florida man was arrested on DUI charges after he was found passed out in his Chevy pickup truck in a Taco Bell drive-thru.

Early in the morning on October 1st, Matthew Falkner, 30, drove through the Taco bell drive-thru in Jensen Beach, Florida, received his food and proceeded to pass out at the wheel.

Police were called because Falkner was holding up the entire drive-thru line, causing quite a commotion.

The engine of Falkner’s truck caught fire as his foot pushed down on the accelerator while the vehicle was in park and he was asleep.

When police arrived, Falkner was first woken up by the officer who then took his foot off the accelerator. The officer then asked for Falkner’s ID to which he handed the officer a taco.

When the deputy reiterated he needed the man’s ID, Falkner started eating the taco and laughing.

Falkner’s breath test yielded a BAC between .225 and .227. The legal limit is .08. He was arrested on DUI charges and taken to jail.

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Nov

1

Son of Jerry Sandusky Arrested for Drunk Driving in North Dakota

By johnclark

By

The son of indicted former football coach Jerry Sandusky was arrested for drunk driving in Fargo, North Dakota, last month, according to a report from ESPN.

Sources say the son, Jon Sandusky, who is an executive with the NFL’s Cleveland Browns, pleaded guilty in court to refusing to take a breathalyzer test after he was pulled over on suspicion of drunk driving.

This plea, sources say, is not the same as admitting guilty to the drunk driving charge, and thus if Sandusky is able to steer clear of legal trouble for a while, the charge will likely be dropped from his record. The DUI charge was also dismissed.

The 36-year-old football executive, however, received a suspended sentence this week in Fargo Municipal Court, and will have to serve an unsupervised probation, as well as complete a chemical dependency evaluation, according to his local DUI attorney.

According to his DUI attorney, Sandusky is “genuinely sorry for the incident,” and “takes full responsibility for his actions and he’s glad to put this matter behind him.”

The director of player personnel for the Cleveland football team was reportedly pulled over by police for making an illegal turn on a downtown street. According to the police report, Sandusky crossed over three lanes of traffic to make a dangerous turn.

Police suspected the son of Jerry Sandusky was intoxicated when they had him take a series of field sobriety tests. And a Browns source said the executive has been disciplined by the team, in addition to his criminal punishment.

Sources speculate that Sandusky was in North Dakota to scout football players from the team at North Dakota State, which reportedly has several players that are regarded as professional prospects. The athletic department at the school, however, did not comment on Sandusky’s arrest.

According to reports, Jon Sandusky has served as Cleveland’s director of player personnel for four years after working for the Philadelphia Eagles for nine years. His job is to scout college prospects and available NFL players. He also played safety at Penn State under the tutelage of his now infamous father from 1996 to 1999.

Sandusky has had a difficult year after watching his father, a former assistant football coach at Penn State, go through a lengthy and disturbing trial. Recently, Jerry Sandusky was found guilty of sexually abusing 10 boys and is currently serving a prison sentence that could last as long as 60 years.

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Oct

25

Man Dressed as Joker Arrested for Drunk Driving in Maine

By johnclark

By

A man dressed as The Joker, Batman’s primary villain in the long-running film and comic series, was arrested for a DUI this weekend, according to a report from CBS News.

Sources say 64-year-old Dennis Lalime, a resident of Pittsfield, Maine, lost control of his 2002 Buick Regal and careened off the side of a residential road around 2 a.m. early Sunday morning.

The driver did not suffer any injuries during the accident, which is somewhat remarkable given the condition of his car. The vehicle was reportedly severely damaged after striking several trees and a large rock, according to Sgt. Timothy Roussin of the Pittsfield Police Department.

The accident took place on a rural road, and Lalime may have escaped without a drunk driving charge if not for a phone call from a nearby homeowner who heard the crash and called police.

And when police respond to the scene of a DUI accident with severe car damage, they often encounter grisly scenes. This scene, however, was unique not for the driver’s injuries, but for his attire at the time of the accident.

According to reports, the mugshot picture taken of Lalime by police shortly after the accident shows a man with white face paint, green hair dye, and black circles around his eyes. The mask is unmistakably that of The Joker, the unhinged villain who has made Batman’s life miserable for several decades.

Sources say Lalime told police that he was driving home from a Halloween party, which certainly gives a plausible explanation for his unique driving attire.

Of course, the fictional Joker is renowned for his ability to escape the scenes of crimes without being captured by police, so Lalime’s costume seems not to have granted him any additional skills.

As a result, Lalime will soon stand trial for his crime, which sources indicate will be one of more than 1,000 DUI-related crashes in the state of Maine this year. Sources note, however, that drunk driving accidents in Maine have declined by roughly 40 percent in the last seven years.

This is likely a result of heightened enforcement efforts, as more than 7,000 people were arrested in the small state last year alone. These figures mirror those in other states, as several legislatures have recently raised the penalties for DUIs and added new laws that give police more freedom to arrest suspected drunk drivers.

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Oct

17

High School Student Suspended for Giving Drunk Friend a Ride Home

By johnclark

By

A high school volleyball player was suspended for five games this week after allegedly helping a drunk friend find her way home, according to a report from USA Today.

The school’s decision seems to fly in the face of the theory that people who help others avoid drinking and driving should be rewarded, not punished.



style="display:inline-block;width:468px;height:60px"
data-ad-client="ca-pub-8503467987783609"
data-ad-slot="6513609769">

According to reports, Erin Cox, a senior at North Andover High School in Massachusetts, received a phone call two weeks ago from a friend who had been at a party and feared she was too drunk to drive.

This, of course, was a sound decision on the part of the friend, as even a first DUI offense can result in a suspended driver’s license, a heavy fine, and a possible jail sentence.

During the call, Cox agreed to pick up her friend, because she did not want her to attempt to drive drunk, or climb into another vehicle with a drunk driver from the party.

To Cox’s chagrin, however, when she arrived at the party, local police had already arrived on the scene, and were in the process of arresting several of her classmates for possessing alcohol under the age of 21.

When police approached Cox, she explained her story, and they did not arrest her for drinking, nor did they charge her with possessing alcohol underage. School officials, however, made a different decision.

According to reports, the school stripped Cox of her position as team captain, and suspended her for five games for being present at the ill-fated party.

In response to the school’s controversial decision, media outlets across the country have debated the merits of suspending a girl who was simply trying to help a friend avoid drinking and driving.

Sources say the girl’s parents have expressed their unconditional support. “She did what she thought was right, and I’m very proud of her,” said the driver’s mother, Eleanor Cox.

The suspended athlete’s family has reportedly hired an attorney, and they tried to file a lawsuit against the school last week, but the local judge dismissed the case because the court did not have jurisdiction over the matter.

When sources tried to reach the school superintendent and principal for comment, they refused to respond to telephone messages.

Interestingly, the Massachusetts chapter of Mothers Against Drunk Driving, a powerful advocacy group, say that Cox’s friend should have called an adult instead of her high school friend. The organization did, however, note that the driver had “good intentions.”

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Oct

10

NBA Suspends New Jersey Nets Coach Jason Kidd for DUI Arrest

By johnclark

By

The National Basketball Association has suspended New Jersey Nets head coach Jason Kidd for two games, according to a report from the Associated Press. The suspension stems from Kidd’s drunk driving arrest this spring.


According to sources, Kidd crashed into a utility pole on Long Island on July 15, 2012, shortly after being named the head coach of the Nets less than a year after retiring from basketball.

After he struck the pole, police suspected that he was under the influence of alcohol, and a series of blood alcohol tests showed that Kidd was indeed driving while intoxicated. The accident also prompted Kidd to be treated at a hospital for minor injuries, sources say.

When his case was up for trial, Kidd pleaded guilty to a misdemeanor drunk driving charge. He filed his guilty plea after finishing his court-mandated community service. The service helped him reduce his crime to driving while ability impaired, which is a lesser offense in New York.

In response to Kidd’s guilty plea, the NBA suspended him for the first two games of the season, which include a road game at Cleveland and a home game against the Miami Heat, widely regarded as the best team in the league. Kidd is eligible to return to the team for its game at Orlando on November 3.

And the team does not plan to challenge the suspension. According to Nets general manager Billy King, the decision was “consistent with what the league has done in the past.” King also said the team was looking forward “to Jason leading our team versus Orlando and the rest of the year.”

After a recent team practice at Duke University in Durham, North Carolina, Kidd acknowledged that he and everyone else knew the suspension “was going to come at some point,” according to reports.

“You have to be responsible and the league came down with the suspension, and I accept that. If a player’s out, guys have got to step up. … My coaching staff is more than capable of stepping up,” said Kidd while talking to reporters.

Sources say Kidd has yet to pick an assistant to fill his void during the two games, but his top assistant is Lawrence Frank, and he is expected to take the reins, as he has had several lengthy stints as a head coach in the NBA.

In the meantime, Kidd will continue to serve his punishment for his crime. But thanks to a $500 fine, a 90-day license suspension, and several lectures to Long Island high school students about the dangers of drunk driving, Kidd has paid his debt to the criminal court system.

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Oct

3

Mother Arrested for Drunk Driving While in School Pickup Line

By johnclark

By

In the latest episode proving some people aren’t fit to raise kids, a Florida woman was arrested last week for driving through a school pickup line while under the influence of alcohol, according to a report from the Orlando Sentinel.


Sources say police officers arrested Lisset Llauro, 39, after she was allegedly driving under the influence and nearly struck another car while picking up her children from Miramar Elementary School in Pembroke Pines, Florida.

According to the local police report, an officer pulled Llauro at 2:40 on a Monday afternoon after she was seen running over plastic lane markers in the school pickup line while driving her 2010 Mercedes-Benz.

When Llauro started speaking to the officer, she reportedly seemed “slightly disoriented” and her speech was slurred. She also told the responding officer that she “didn’t know” why she had driven over the lane markers, although this would seem to be a hard question for anyone to answer.

When pressed if she had been drinking and driving, the mother of three children, ages 14, 12, and 6, claimed that she had not had any drinks and was not under the influence of any drugs.

Despite this claim, though, Llauro reportedly had to hold onto her car door to keep from losing her balance when she stepped out of her car, according to the police report.

While curious onlookers in the school pickup line watched the bizarre scene, the police officer had Llauro conduct a field sobriety test. According to his report, the mother was unsteady on her feet, couldn’t touch the tip of her nose, and was unable to stand on one leg.

In addition, the officer reported smelling the “odor of an alcoholic beverage” while she sat in the back of the police car following her arrest for drunk driving. Llauro later refused to submit to a blood or urine sample, according to court documents.

Interestingly, during her first court appearance, the presiding judge ordered that she be allowed to leave jail with posting bond, but he also noted that it “looks like you’re picking up your kids while you’re impaired by something and that’s very concerning,’ sources say.

The judge also told Llauro that he would have the Florida Department of Children & Families check on the status of her three children, and that she be subjected to random alcohol and drug testing while she awaited trial on her DUI charges.

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Sep

30

Amanda Bynes Moves Drunk Driving Case to Mental Health Court

By johnclark

By

After her DUI attorney made an unusual request, a California judge has agreed to move the DUI trial of former child star Amanda Bynes to a mental health court, according to a report from the Los Angeles Times.


Sources say Bynes was arrested for a DUI in April 2012 after she allegedly drove into a sheriff deputy’s police cruiser while trying to speed past in the middle of the night in Los Angeles.

The drunk driving accident in April came on the heels of several car-related troubles experienced by Bynes while she lived in Los Angeles. The actress reportedly moved to New York recently.

In addition to the car troubles, Bynes also acted in a bizarre fashion for several months, as her strange diatribes on Twitter made her a growing target for gossip magazines.

But what first appeared as a celebrity going through growing pains eventually turned much darker. In July, Bynes reportedly lit a small fire in the driveway of a house in Thousand Oaks, California.

After this incident, authorities placed Bynes in involuntary psychiatric custody for a sentence of 72 hours. But after three days passed, authorities believed that Bynes was not ready to leave the facility, and she reportedly spent nearly a year in custody, sources say.

Of course, while Bynes appears to have serious psychiatric issues that will require extensive treatment, she also has practical legal concerns to deal with, including her pending DUI trial.

But Bynes may have caught a break after her DUI attorney successfully argued that she was incapable of understanding the proceedings brought against her, which makes her eligible to move the case to mental health court.

This court, however, is simply tasked with determining her “competency to stand trial,” according to her DUI attorney. If Bynes is found competent to stand trial, she will likely be placed back in a regular state court for her DUI case.

Her recent behavior, however, does suggest that she may be experiencing a sort of psychiatric breakdown, which could lead to a determination that she is unfit to stand trial for her DUI charges. Her next scheduled court date is not scheduled to take place until this January.

In the meantime, Bynes’ mother, who has won a temporary conservatorship over her daughter, will continue to manage her daughter’s personal finances and make important decisions for her, reports indicate. She likely hopes that this difficult task will not last in perpetuity.

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Sep

18

Enterprising Colorado Police Use Talking Urinal Cakes to Curb DUIs

By johnclark

By

State officials have turned to odd devices to dissuade drunk drivers from getting behind the wheel before, but a recent Colorado initiative that introduced talking urinals may take the cake.


According to a report from CBS News, Colorado officials have introduced interactive urinal communicators (IUCs) to select bars in the mountainous state.

The devices, which are also called talking urinal cakes, are aimed at educating potential drunk driving by reminding them to be wary of their blood alcohol levels, according to sources.

The talking urinal cakes, which were produced by the Colorado Department of Transportation (CDOT), were placed in about 15 bars across the state, including popular watering holes like Mountain Sun Pub and Brewery in Boulder and Vine Street Pub & Brewer in Denver.

The cakes, which speak through the voice of a male narrator, first tell bathroom patrons to “keep a constant stream on this urinal cake and let’s see how drunk you are.”

After the devices measure the relative intoxication of the patrons, and then make cheeky references about their levels of drunkenness, accompanied with comic sound effects. Finally, the urinal cakes tell customers to “make sure you keep winning and get home safe.”

Of course, the talking urinal cakes are a funny response to a serious problem. Sources say Labor Day weekend led to more than 1,300 drunk driving arrests over Labor Day weekend in Colorado in 2012, although this number dipped a bit in 2013, perhaps thanks to initiatives like the IUCs.

According to CDOT spokesperson Emily Wilfong, “our goal with the IUCs is having one last possibility of getting some messaging to someone considering whether or not to drive,” especially men between the ages of 21 and 34, the group of people most likely to die in a DUI crash.

And she believes that CDOT is making a difference in the fight against drunk driving. “We are pleased to see the numbers have decreased, and we do feel enforcement paired with a new education campaign contributed to it,” said Wilfong.

Naturally, not everything is perfect with the talking urinal cakes. Sources say theft has been a problem, as the devices are apparently a collector’s item among Colorado thieves.

In addition, some urinal users have complained to CDOT that the talking urinal cakes are offensive, although others have also expressed gratitude, while some are simply amused by the novel educational tools, according to local reports.

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Sep

13

Man Indicted for Felony DUI After Confessing to Crime Online

By johnclark

By

Most felony DUI convictions require quite a bit of legwork on the part of prosecutors, but one Ohio man appears to have made this job easier after confessing to his crime in a bizarre online video, according to a report from CNN.


Sources say a grand jury in Franklin County, Ohio, has indicted 22-year-old Matthew Cordle on charges of aggravated vehicular homicide and driving a car under the influence of alcohol.

The charges come more than two months after the collision, which occurred when Cordle drove the wrong way down Interstate 670 near Columbus, Ohio, striking another car in a head-on collision and killing its driver, 61-year-old Vincent Canzani.

Remarkably, the driver may have escaped charges were it not for his stunning online admission, which has already been viewed more than a million times on YouTube, sources say.

In the video, which was posted last week, Cordle states his name and then announces that, “on June 22nd, 2013, I hit and killed Vincent Canzani.” He goes on to say that he had been out drinking with friends before the accident.

Remarkably, the confession struck a chord with Cheryl Oates, Canzani’s former wife, who said she believed the apparent remorse felt by Cordle was real. “He said I made a huge mistake, and I’m going to take what’s coming to me. You’ve got to respect him for that,” said Oates.

Oates, however, also told reporters she still believes Cordle should serve time in prison for causing the drunk driving accident. Still, she found watching the video to be “gut-wrenching,” especially since she has young sons of her own.

But prosecutors in the case aren’t impressed, and they don’t plan to lower their requested sentence. According to lead prosecutor Ron O’Brien, the state attorney’s office “had a case against him based on evidence as I know it before the video was filmed.”

If O’Brien and his team of prosecutors are able to convict Cordle, the young driver faxes a maximum sentence of eight and a half years in prison, according to reports.

And Cordle’s DUI attorney claims that his client’s video was not made with an eye on lowering the sentence he will face if he’s convicted.

According to Cordle’s attorney, “the video was meant to raise awareness related to the serious issues surrounding drinking and driving” and Cordle also hoped that his confession would “offer the Canzanis some level of closure by avoiding any lengthy, drawn out legal proceedings.”

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Sep

5

College Student Faces Felony DUI After Killing Two Motorcyclists

By johnclark

By

A 21-year-old college student living in Columbia, South Carolina has been charged with a felony DUI after his car killed two motorcyclists late Monday night, according to a report from The State.


Sources say the alleged drunk driver, Sean Aston, was charged with two counts of felony DUI, as well as a single count of driving under suspension, after the tragic accident.

According to the police report from the incident, Aston was driving north on a state highway Monday night when his 2008 Saturn veered across the center line and struck two BMW motorcycles in a direct, head-on collision.

The accident was certainly one-sided, as the motorcyclists, Francis Smith, 43, and Mary Green, 50, both died immediately as a result of blunt force trauma, according to the Orangeburg County Coroner’s Office.

Aston also had a passenger in his vehicle at the time of the accident, but the passenger was unharmed. The driver suffered an injury, but he was treated and released at the Regional Medical Center.

The driver, who is a senior at the University of South Carolina, has already mounted his defense, as his DUI attorney told the judge at an initial hearing that Aston works two jobs to support his education and is not a “threat to the community.”

During the hearing, Aston’s DUI attorney was trying to reduce the size of the bond, which was set at $15,000 for each felony count. Aston must may the bond before he is allowed to leave jail during the interim period before his trial.

The driver’s DUI attorney also noted that his “family has good jobs,” that he is a “person here trying to get an education,” and that his “secure” ties would keep him from fleeing the state if released on bond.

During the same hearing, however, South Carolina Highway Patrol Sgt. William Rogan Jr. told the local magistrate that Aston had an extensive criminal background, including previous alcohol-related charges and a charge for marijuana possession.

In addition, a family member of one of the victims told the judge that the court “has a right” to keep Aston “out of society,” and that the bond should be significantly higher.

After all this debate, the court finally settled on a $15,000 bond for each felony count, which, according to reports, is a fairly standard bond for a felony case in South Carolina. In the meantime, Aston will begin worrying about his substantive DUI defense.

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Aug

28

Trial Opens Against Police Officer Involved in Phony DUI Arrests

By johnclark

By

A key witness testified this week in the trial against a former California police officer who is accused of setting up victims for drunk driving arrests, according to a report from the San Jose Mercury News.


According to sources, former Contra Costa County Sherriff’s deputy Stephen Tanabe is at the center of a police corruption scandal that erupted in 2011.

Tanabe, 50, is on trial in a federal court for seven different extortion and conspiracy charges stemming from his alleged participation in three “dirty” drunk driving arrests in 2010 and 2011. Sources say Tanabe may have been involved in at least a dozen similar incidents.

The star witness for the prosecution, Christopher Butler, a former private investigator currently in prison, testified this week in his red prison outfit, according to reports.

According to reports, Butler told the court that, in November 2010, Tanabe agreed to orchestrate the DUI arrest of David Lane Bauldry, an executive with an Oakland software company, in exchange for 3.5 grams of cocaine.

At the time, Tanabe “was working as a deputy sheriff, and I thought he was no longer ingesting cocaine,” said Butler, who had originally agreed to pay $200 in cash for the arrest. Instead, Tanabe asked for drugs while the two were in his patrol car in a grocery store parking lot.

Butler, according to sources, was the mastermind behind the arrests, and he reportedly paid Tanabe in both drugs and guns during at least three DUI arrests in 2010 and 2011.

The former private investigator was reportedly working for women going through divorces who wanted the father of their children arrested so they could have an advantage in child custody cases, according to reports.

Butler, it seems, had a strange code in his line of work. While on the witness stand, he said, “if there were no children, then I wouldn’t do the DUI sting.” “I don’t know (why), that was just my requirement,” he noted.

According to Tanabe’s defense attorneys, the former police officer shouldn’t be convicted because he never took any payment for his participation in the drunk driving stops. His attorneys also noted that Butler is testifying in exchange for a reduced prison sentence.

Sources say Butler is facing eight more years in prison due to a wide range of infractions, including false arrests, robberies, theft, insurance fraud, and operating a brothel. His testimony, it’s fair to say, may not be viewed as wholly credible by a jury.

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Aug

21

Pennsylvania Driver in Violation of Parole Causes Fatal DUI Crash

By johnclark

By

A Pennsylvania driver was arrested for allegedly causing a fatal DUI accident just three days after a judge allowed him to remain free despite a violation of his parole, according to a report from the Allentown Morning Call.


Sources say 21-year-old Francis Roscioli was in Northampton County Court last Thursday to determine whether he had violated his parole, which stemmed from a DUI arrest in June when he was caught driving the wrong way down a street in the town of Easton.

During the hearing, Administrator Jill Cicero ruled that Roscioli had indeed violated his parole due to his failure to stay away from drugs and alcohol, but she allowed him to remain free, according to sources.

But just three days later, on Sunday morning, Roscioli’s SUV allegedly struck a 35-year-old pedestrian who was walking on the shoulder of an Easton road. The accident immediately killed the pedestrian, who died from multiple blunt force trauma, according to sources.

Sources say police suspect that Roscioli was driving while intoxicated, but the results of the driver’s toxicology tests have yet to be released. But police say he showed signs of intoxication after the accident, and is believed to have been drinking at a local bar before the accident, sources report.

The accident has obviously led to some second-guessing about the court’s decision to allow Roscioli to remain free after his parole violation, but Cicero defended her decision by saying he had “had done what he needed to do prior to the violation hearing to rectify his violations.”

Cicero’s decision to let him remain free was based in part on his recent successful urine tests, and his consistent participation in a drug and alcohol treatment program that had been mandated as part of his parole.

In the DUI case last summer, Roscioli was arrested for driving drunk down the wrong side of the street. Roscioli was also later charged with assault after breaking another man’s eye socket during a fight, according to sources.

Now, in an ironic twist, the driver is back in Northampton County Prison, where he will once again be tried for a violation of his parole. If he is found to have violated his parole, he could face an extra two years in prison, sources report.

But the potential sentence for his parole violation pales in comparison to his likely punishment if he is convicted of causing a fatal drunk driving accident.

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.

Aug

12

Police Camera Captures Drunk Driver Dancing During DUI Arrest

By johnclark

By

A camera mounted to the dashboard of a police cruiser captured a man dancing, yelling, and telling dirty stories during a field sobriety test, according to a report this week from The Columbus Dispatch.


Sources say 39-year-old Dale Bentley was arrested early Sunday morning for drunk driving and proceeded to shake his hips, kick his legs in the air, and tell a ribald story about a woman he’d just met at a bar to stunned police.

Sadly, the police weren’t particularly impressed by Bentley’s performance, and arrested him for drunk driving after he blew a blood alcohol level of 0.24 percent. The legal limit in Ohio is 0.08 percent.

The wild DUI arrest started around 1 a.m. last Sunday, when a police officer saw Bentley driving 40 mph in a 25 mph zone on a surface road in Gahanna, Ohio, sources say.

But when the officer tried to pull Bentley over, the driver apparently didn’t notice the flashing police lights in his rearview mirror, and sat idly at a red light. When Bentley finally noticed the police officer, he pulled over to the side of the road.

In the police report, the arresting officer claimed that Bentley “looked like a confused deer in headlights” when he stepped out of his car, although this is fairly common for motorists introduced to the bright lights of a police cruiser.

What happened next, though, wasn’t common at all. After failing most of the sobriety test, Bentley made the most of his drunk driving arrest by starting to dance. And sing. And tell stories.

According to the arresting officer, it appeared as if Bentley “felt the whole encounter with police was funny and a real good time,” and was performing for the police camera.

And while Bentley was arrested for a serious crime, even the local police couldn’t help but laugh. “The behavior he displayed was rather unique. Some might say comical,” said Gahanna Sgt. Ethan Moffitt.

Bentley, however, will have to answer to prosecutors for his actions. He was released this week on a $164 bond, after being picked up from the police station by his wife, but the dancing driver is facing charges of drunk driving, speeding, and failing to comply with an officer, according to sources.

When contacted by local reporters, Bentley refused to submit to an interview, but when he was asked if he remembers dancing during the arrest, he offered a short response: “No.”

Share this with your friends
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • email
  • LinkedIn
  • Print
  • Reddit
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter

Copyright © 2014 TotalDUI, LLC. All rights reserved.