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.”

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Sep

5

College Student Faces Felony DUI After Killing Two Motorcyclists

By johnclark

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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.

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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.

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Aug

21

Pennsylvania Driver in Violation of Parole Causes Fatal DUI Crash

By johnclark

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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.

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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.”

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Aug

8

Missouri Man Arrested for Potential Tenth Drunk Driving Offense

By johnclark

By

A Missouri resident was arrested this week for what could be his tenth drunk driving offense, according to a remarkable report this week from KMOV News.


According to sources, 53-year-old Joseph A. Hayes was arrested this week after police caught him driving 40 mph in a 25 mph zone on a residential street in Florissant, Missouri, which is a western suburb of St. Louis.

After police pulled Hayes over, they were suspicious that he was driving under the influence of alcohol, and administered a field sobriety test. The results for Hayes weren’t pretty. As a result of his failed test, Hayes was arrested by police and charged with drunk driving and driving with a revoked license.

Unfortunately, Hayes has grown accustomed to the rigors of field sobriety tests, as he reportedly has been convicted for driving while intoxicated nine previous times.

In addition to this incredible amount of prior DUI arrests, Hayes has also been convicted of driving with a suspended or revoked license on ten separate occasions.

Because of the driver’s inability to drive while sober, the state of Missouri has taken strong measures to keep Hayes off the road, but it appears that Hayes ignores the revocation of his driver’s license and takes to the streets anyways.

According to Andy Haarmann, a police officer in Florissant, Hayes “hasn’t had a valid license in quite some time, but that’s not stopping him.” The police officer also said Hayes “obviously doesn’t care that he’s driving without a license,” and that he “doesn’t care that he’s driving drunk.”

Interestingly, the last arrest for Hayes was back in 2008, so he’s managed to stay out of trouble for a few years.

Nevertheless, Hayes has been in and out of jail for a large portion of his adult life, and is likely going back to jail after his most recent incident.

The Florissant police department claims that it encounters offenders like Hayes with multiple prior DUI convictions about five or six times a year.

And Haarmann notes that these encounters happen “more often than they should.” One night in 2012, for example, police arrested one driver with ten previous DUI offenses and another with seven past convictions.

Of course, the potential punishment rises with each subsequent arrest. Sources indicate that Hayes is eligible for a felony prosecution for his latest DUI arrest because he is considered a “chronic” offender.

Currently, Hayes is being held on a $100,000 bond, which is a large amount for a DUI arrest, but certainly suggests that the Florissant police are taking his tenth DUI very seriously.

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Aug

2

Catholic School Principal in Florida Arrested for Drunk Driving

By johnclark

By 

The principal of a prominent Catholic school in central Florida was arrested this week for drunk driving, according to a report from the Orlando Sentinel.


The school leader, 53-year-old Mary Ann Staley, faces two charges of DUI causing serious bodily injury, according to sources covering the accident that left two people seriously injured.

According to sources, the accident happened late Sunday night, after Staley crashed into the left side of an Oldsmobile that was traveling in the opposite direction.

The Florida Highway Patrol has reported that the Oldsmobile held Casteria Young, the 59-year-old driver, and a passenger, 55-year-old James Bennett, both of whom are from Ocala. And both occupants of the car suffered serious injuries, sources say.

But despite sending two people to the hospital, Staley didn’t suffer an injury in the crash, although her local DUI attorney will have a lot of work to do to defeat the charges.

Sources do not say what Staley’s blood alcohol level was at the time of the accident, but police likely collected evidence in the form of a blood or breath test when they arrived on the scene.

People who are arrested for a DUI have the right to refuse to submit to a breath test, but many states now mandate a blood test for certain types of offenders. In addition, field sobriety tests may also be used as evidence in many DUI trials.

After her arrest, Staley was booked into the Marion County Jail, but she was released later that day on a $2,500 bond. Sources say she has not yet returned phone messages from local newspapers seeking further information.

Reports indicate that Staley is the principal at St. Paul Catholic School in Leesburg, Florida. In a recent statement, Carol Brinati, the chancellor for administration of the Orlando Diocese, said the order is praying “for victims of the automobile accident and their families and for Ms. Staley and her family during this time.”

But Brinati also said the diocese “holds its principals to high standards of ministry outside of work hours as well as when school is in session,” and announced that Staley has been “placed on administrative leave pending the outcome of an internal investigation into the matter.”

So Staley will have to fight her DUI charges without the aid of her regular school routine, but it sounds like the diocese may give her a second chance if she is able to prove her innocence in a court of law.

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Jul

25

Millionaire and Former South Carolina Treasurer Arrested for DUI

By johnclark

By

Thomas Ravenel, the former treasurer of South Carolina worth millions of dollars, was arrested and charged with drunk driving this week in New York, according to a report from The Wall Street Journal.


Sources say the 50-year-old land developer was arrested at 2:30 in the morning in East Hampton Village after police saw him crossing a double yellow line and driving on the shoulder of Montauk Highway.

When the arresting officer first encountered Ravenel, he reportedly smelled alcohol on his breath, and said he was “unsteady on his feet.”

The police report also says that Ravenel failed a number of field sobriety tests before refusing to take a breathalyzer test, according to sources.

In a statement released shortly after the arrest, Ravenel said he had indeed been drinking on the night in question but that he was not intoxicated. He was released on a $650 bond and intends to fight the charges, according to his statement.

Sources report that the potential drunk driving started a term as South Carolina’s state treasurer in 2007, but resigned after being in office for only six months.

The resignation was particularly interesting because it came on the heels of Ravenel’s guilty plea on charges of buying cocaine. After his conviction, Ravenel served a 10 month sentence in prison, sources report.

The arrest seemed to spell the end of Ravenel’s political career, which had been aided by his father’s stint in the U.S. Congress a few decades ago, but reportedly plans to challenge Sen. Lindsey Graham in the 2014 election, sources speculate.

And Ravenel’s unique experiences with the law have apparently colored his political views, making the multimillionaire an unlikely spokesperson for drug law reform.

This week, he said in a statement that he “never believed recreational drug use within one’s home to be something worthy of criminalization,” according to sources. He did, however, also note that he took responsibility for his past drug crime.

In addition, during the 2012 presidential debates, Ravenel said his prison sentence for recreational drug use made him a strong opponent of the government’s “war on drugs,” and cited his opposition to current drug laws as a reason for his endorsement of Republican Ron Paul, sources say.

So while Ravenel’s recent troubles with the law seem to spell doom for his political future, the former state treasurer seems savvy enough to spin them into positives. Of course, it may be harder for him to gain forgiveness for his DUI, which certainly isn’t a victimless crime.

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Jul

19

Denver Broncos Suspend Two Executives Arrested for Drunk Driving

By johnclark

By

The Denver Broncos suspended two executives who were charged with DUIs this summer, according to a report this week from CBS Sports.


A spate of arrests of NFL players in recent months has led some members of the media to question the league’s commitment to lawfulness, but the arrest of two Denver executives shows that drunk driving arrests can happen in unexpected places.

Sources say the suspended officials, both of whom will not receive pay during their punishments, include Tom Heckert, the team’s director of pro personnel, and Matt Russell, the director of player personnel.

The men will also be forced to receive alcohol treatment. “While they will be punished and held accountable, our first priority is their health and well-being. We must ensure they receive any care they need and support them however possible,” said a statement released by the team.

John Elway, the team’s executive vice president, also noted it was “particularly disappointing that two members of my staff acted so irresponsibly” and told reporters their arrests were “unacceptable and inexcusable.”

Elway’s ire was aimed at both team officials, but he may have been more upset with Russell, who blew a blood alcohol reading of .246 when he was arrested, which is more than three times Colorado’s legal limit of .246, sources say.

Russell was arrested last week after crashing his Toyota Tundra into the side of a police cruiser. After Russell failed a field sobriety test, officers found a bottle of liquor inside the truck, and Russell had “no recollection of the accident,” according to a police report.

One month before Russell’s DUI arrest, fellow Broncos executive Tom Heckert was arrested for drunk driving. He reportedly had a blood alcohol content of .162, but the reading wasn’t taken until seven hours after his arrest, sources say.

Sources also note that the team seemed particularly sensitive to the arrests because news of a DUI arrest for one of its players in May also became public this week.

Following a long line of football players who have been arrested for driving under the influence of alcohol, Broncos offensive lineman Quentin Saulsberry was reportedly pulled over for a DUI in late May, sources say.

So the Broncos seem to be setting a clear example for the team’s players by giving severe punishments to the two team officials who had the misfortune of being arrested for a DUI. Time will tell whether the players receive the intended message.

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Jul

10

Drunk Driving Accident Causes Widespread Power Outage in California

By johnclark

By

After a drunk driving accident that may have had more consequences than the driver expected, more than 1,000 residents of Van Nuys, California, lost electricity service, according to a report from the Los Angeles Times.


According to reports, the remarkable incident occurred after midnight last Wednesday when an unidentified driver steered his 1973 Tioga RV into a Van Nuys apartment building at the corner of Sepulveda Boulevard and Clark Street.

Sources say the driver of the ancient recreational vehicle lost control of his car, ran into a power pole, bounced off the apartment building, sped down an alley, and ultimately stopped after slamming into a fence.

Before his arrest for a DUI, the driver reportedly hit at least 30 cars before winding up in a “pile of rubble” at the end of the alley next to the apartment building.

According to reports, the impact to the power pole knocked out power for the entire apartment, as well as several other buildings nearby. Sources say power was eventually restored, but not before the outage affected more than 1,000 people.

Remarkably, the driver only suffered minor injuries, and is expected to have a fully recovery from the crash, according to local reports.

According to a representative from the Los Angeles Fire Department who spoke with the 59-year-old driver, the man claimed that his gas pedal got stuck, which forced him to strike the building and several cars in an effort to stop.

To make the accident even more bizarre, the driver reportedly had four dogs, including three pit bulls and a Chihuahua, inside the RV at the time of the accident. The animals were unhurt and were taken away from the scene by animal control authorities, according to reports.

The impact of the crash was quite a surprise for residents of the apartment building the driver struck, according to local sources.

After the accident, the top and bottom floors of the apartment building were evacuated while building inspectors checked the structure for damage.

“When we heard it, it almost sounded like a ton of metal dropped onto the pavement or something, and it was just being dragged,” said apartment dweller Tom Nagy to sources after the incident.

“When we came out here, then we realized that obviously he was scraping right up against that building,” said Nagy.

Nagy also mentioned that the dogs involved in the crash appeared “perfectly fine for the amount of crash it was, because the camper just like basically collapsed.”

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Jul

3

Alaska Man Arrested for DUI While Steering Motorized Shopping Cart

By johnclark

By

This week, police in Fairbanks, Alaska, arrested a 63-year-old man for allegedly driving a motorized shopping cart under the influence of alcohol, according to a report from Fox News.


The man, Merrill Moses, had allegedly stolen cookies and cake mix, too, which adds further intrigue to a remarkable example of the dangers of drunk driving, even if the driver isn’t behind the wheel of a traditional vehicle.

According to reports, an observant employee of a Fairbanks grocery store called local police after seeing Moses drive into the store’s parking lot without paying for his tasty treats.

Sources say the employee was also concerned for the man’s welfare, as he reportedly sped into the parking lot in a dangerous manner.

When police arrived, the employee “was holding onto the handlebars of the cart to keep the suspect from driving any further,” according to Sgt. Bruce Barnette, a member of the Fairbanks Police Department.

The police promptly gave Moses a breathalyzer test, which revealed that his blood alcohol content was an incredible 0.31 percent, nearly four times the legal limit of 0.08 percent, sources report.

The police report also noted that Moses does not appear to be disabled, and was able to stand without assistance when officers asked him to leave his motorized shopping cart.

After his arrest, Moses was charged with drunk driving, shoplifting, and refusing to take an official sobriety test at police headquarters, according to sources. His first hearing is scheduled for August 5.

Interestingly, employees of the grocery store told police Moses had a history of driving motorized shopping carts while apparently drunk. In previous incidents, he allegedly tried to drive over employees who tried to prevent him from shoplifting.

Sources also report that Moses has a lengthy criminal history, and he was previously arrested for a DUI in Delta Junction, Alaska, two years ago.

In addition to the DUI arrest, Moses has also been convicted for criminal trespass, domestic assault, drinking in public, and an open container violation, according to reports.

And while it may seem bizarre that Moses was arrested for DUI in something as seemingly harmless as a motorized shopping cart, DUI laws in many states criminalize drunk driving in any sort of motorized vehicle.

Boats, ATVs, and shopping carts may all provide fodder for a DUI arrest. Moreover, many Americans have been arrested for driving bicycles under the influence of alcohol, although this may not be an offense in every state.

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Jul

1

Drive Sober or Get Pulled Over – DUI Crackdown

By Mary Ann

By

A high number of sobriety checkpoints will go into effect all throughout the country this 4th of July week.

Regardless of what state you live in, you can expect to see DUI checkpoints, likely starting on Tuesday if they have not already begun, through the weekend as you are traveling.

Although these checkpoints will be happening around the clock, you can be sure they will be more prevalent in the late and overnight hours.

Don’t forget that DUI charges do not just mean consuming too much alcohol and driving a car. Driving under the influence can include driving a number or different vehicles, under the influence of a number of different substances.

Some areas will be on high alert, not just for intoxicated drivers, but for non-seat belt wearers as well. If you’re going to drink, don’t drive, and if you’re going to drive, or simply be in a car, wear your seat belt.

Possible DUI Penalties

  • Loss of your license
  • Fines
  • Probation
  • Alcohol/drug abuse counseling
  • Jail time
  • Increase in insurance rates

July 4th Holiday Historically

2007-2011

  • Motor vehicle crashes resulting in death (involving drivers with BACs of .08 or greater) = 780
  • That is 40% of all motor vehicle deaths in those 5 years

2011 Stats

  • Motor vehicle crashes resulting in death = 251
    • Amount of those crashes involving a driver with a BAC of .08 or greater = 38%
    • Amount of people age 18-34 that were legally intoxicated = over 50%

Statistics courtesy of the National Highway Traffic Safety Administration

How can you avoid trouble?

  • Have a designated driver
  • Take public transportation
  • Wear your seat belt
  • Call 911 if you see a drunk driver on the road

This nationwide campaign is called Drive Sober or Get Pulled Over.

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Jun

27

Las Vegas Stripper Pleads Not Guilty to Charge of Causing Fatal DUI

By johnclark

By

A Las Vegas stripper will face trial this winter after being accused of killing a young father while driving under the influence of alcohol and marijuana in March, according to a report from the Las Vegas Sun.

Sources say 26-year-old Shauna Diane Miller pleaded not guilty to several counts of felony DUI during her arraignment this week in Clark County District Court. The judge set a trial date for December 9, sources note.


The tragic accident occurred on March 23 when Miller was driving home from her shift as an exotic dancer at the Spearmint Rhino, a strip club in the Las Vegas area.

At roughly 7 a.m., Miller’s Hummer H2 slammed into a Ford Escort driven by 33-year-old James Joseph White, who was less than two blocks from his house when the collision happened, according to the police report.

The collision killed White, but mercifully spared White’s 2-year-old son, who was in the backseat at the time of the accident. The child, however, suffered a skull fracture and several serious bruises as a result of the collision.

Because of the tragic nature of the accident, Miller and her local DUI attorney may have a difficult time proving her innocence to the Clark County court.

According to the police report, Miller claimed that her traffic light went from green to yellow as she was driving down Spring Mountain road. When she saw White’s car turn right on to her road, she failed to brake in time, and struck the Ford Escort at a high speed.

But some witnesses dispute Miller’s claim that her light was yellow at the time of the accident. In addition, prosecutors claim that her blood alcohol level was more than twice the legal limit, even though she told police she’d only had two beers at work.

The alcohol, however, isn’t Miller’s only problem. Sources note that prosecutors also claim the amount of marijuana in her system was more than five times the legal limit.

It’s important to note that alcohol, marijuana, and a wide range of prescription narcotics are all potential causes of a DUI arrest, depending on the nature of state drunk driving laws.

Sources note, though, that Miller has already started to mount a defense. During a preliminary hearing, Miller’s DUI attorney asked why police failed to check White’s past driving record after the accident.

It appears that Miller and her attorney will argue that White’s poor driving was the cause of the accident.

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Copyright © 2014 TotalDUI, LLC. All rights reserved.

Jun

21

Mother Denies Charge That She Killed Son in Drunk Driving Crash

By johnclark

By

A California mother has been accused of causing a fatal accident while driving under the influence of alcohol, but she claims the death of her son was the result of poor driving by someone else, according to a report from CBS News.


According to sources, Tyesha Garrett was arrested for a DUI this week after she allegedly crashed her car at around 4 a.m. while entering Interstate 80 in the Sacramento area.

While trying to enter the freeway, Garrett reportedly lost control of her SUV, causing the car to flip, and forcing her 11-year-old son Eric out of the car.

The impact of the crash killed Garrett’s young son, who was reportedly riding with his mother while she delivered copies of The Sacramento Bee to retail outlets in the city, sources say.

Fortunately, the other two children who accompanied Eric and his mother on her paper route survived the accident without injuries. But the surviving children, ages 10 and 3, will have to grow up with the presence of their older brother.

While some questioned why the children were in the car with Garrett at such an odd hour, the driver’s brother, Derek Garrett defended his sister by saying the children “like to stay up and just go for a drive with mom” during the summer months when school isn’t in session.

Derek also claimed his sister plans to argue that she wasn’t at fault in the fatal crash, for which she will likely face multiple felony DUI charges.

“From what I was told, is she was cut off by a driver and she tried to slam on her brakes to get out the way, and then the whole car just tipped over,” said the defendant’s brother.

He also said the DUI allegations were odd, given Tyesha Garrett’s reputation. “It’s not normal. She never drinks and drives; she never puts her family in harm’s way,” said the brother. “I’m very angry. I’m very frustrated and hurt by the situation.”

But despite these claims, Tyesha Garrett will have to prove in court that she wasn’t at fault when her car fatally flipped on the side of the highway. She refused to speak to local sources, but is expected to make her first court appearance early next week.

In the meantime, she and her family will mourn the loss of 11-year-old Eric, a child who “loved to go outside and just play” and who was “just a happy kid,” according to his uncle.

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Jun

13

Arizona Man Without Alcohol in his System Arrested for Drunk Driving

By johnclark

By

A 64-year-old retired firefighter was arrested and charged with drunk driving this week in Surprise, Arizona, despite the fact that he had a blood alcohol content of 0.00 percent, according to a report from the Huffington Post.


Sources say the driver, Jessie Thornton, claims he was merely being punished for “driving while black,” and he told sources that he plans to file a lawsuit against the Surprise Police Department.

Indeed, this prediction proved true, as Thornton later filed a notice of claim that he would soon sue the police department for violating his civil rights and causing emotional distress. The retiree plans to sue for $500,000, according to sources.

The lawsuit stems from an incident a few months ago when Thornton was charged with a DUI by Surprise police, even though both breathalyzer and blood tests revealed that he did not have a drop of alcohol in his system.

Sources say police pulled Thornton over after the driver crossed a white lane marker, and the responding officer, citing the driver’s bloodshot eyes, insisted he was drunk.

Thornton, however, told the officer that his eyes were simply irritated because he was traveling home from a local health club, where he had exercised in an indoor pool.

He also told officers that his poor performance on a sobriety test was due to chronic knee and hip problems that prevented him from walking smoothly, sources say.

After the police took Thornton to the station, he registered a sterling blood alcohol content of 0.00 percent, and toxicology experts concluded that he showed “no signs of impairment,” according to reports.

During this time, Thornton’s car was impounded, and his license was suspended. In addition, the state told him that he had to attend a DUI class.

After months of prolonged court negotiations, Thornton was finally able to have the charges dropped, but not before his reputation was irreparably damaged, according to the driver.

And this isn’t Thornton’s first trouble with local police. According to Thornton, he has been pulled over by Surprise police on 10 separate occasions and received four tickets for bogus traffic violations.

In the notice of his forthcoming lawsuit, Thornton claims that he has been a victim of racial profiling, and has consistently been abused by local police for four years.

In response to Thornton’s allegations, the Surprise police department refused to talk to sources, but attorneys for the local police will likely have their hands full if Thornton’s unsettling allegations prove to be true.

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