By Morgan Brickley
On the night of Saturday, July 25, the Chief of Police of Alexandria City, Virginia was arrested and charged with a DUI after he hit another vehicle near Interstate 66 and North Fairfax Drive.
David P. Baker had been driving a city-issued green Ford Explorer in Arlington County when he caused roughly $900 in damage to either vehicle. His blood alcohol level was reported to be 0.19—twice the legal limit in the state of Virginia.
Baker, 58, submitted his resignation on Monday, July 27. Prior to his resignation, Baker’s attorney James Clark insisted that his client had no intention of resigning.
City Manager James K. Hartmann initially ordered an investigation of the incident and told the Washington Post he would “wait for the findings of the internal review” before making a decision on how to proceed. In the mean time, Baker had been put on administrative leave.
Hartmann stated, “It is very disappointing when one of our colleagues makes a bad decision.”
If convicted, Baker will face a minimum of five days in jail due to his blood alcohol level more than doubly exceeding the legal limit, according to the police report.
Baker will leave his post officially on Friday and will temporarily be replaced by Deputy Police Chief Earl Cook who will serve as acting chief.
Source: Washington Post
By Morgan Brickley
On Thursday, July 16, the Supreme Court in Washington unanimously reinstated a $14 million award to a DUI accident victim.
In April 2000, Hawkeye Kinkaid was drinking at the Bellingham Moose Lodge, where is girlfriend, Alexis Chapman, was serving him as a bartender. The forensic consultant found that Kinkaid probably drank the equivalent 21 12-ounce beers or 30 ounces 80-proof alcohol.
His blood alcohol level was believed to be .32 at the time of the collision.
While he was driving home, Kinkaid crossed the center line in Ferndale, Wash. and struck Bianca Faust’s car. Fraust, from New York City, was driving with her two children and grandchild. Everyone in Faust’s car was injured and Kinkaid was killed. The accident left Faust’s 7-year-old son, Christopher, a paraplegic.
Faust sued the lodge and Chapman and was awarded $14 million in Whatcom County Superior Court. The state Court of Appeals later overturned the case because Faust needed to present “specific point-in-time evidence” that Kinkaid appeared drunk when Chapman was serving him.
Washington DUI law holds bartenders liable for damages to potential victims if they serve visibly intoxicated customers. The court said that Chapman told others that Kinkaid was too “tipsy” to be driving. At one point in the night she refused to serve him.
Source: The Associate Press
By Morgan Brickley
Transcripts were released on Friday, June 26, detailing what happened before, during and after a DUI accident that took the life of Los Angeles Angels pitcher Nick Adenhart.
The 200 page report is the first to give the details about what happened on April 9th, when Andrew Gallo crashed into a car, killing three people.
The transcript reveals that Gallo remembers having two drinks at a restaurant and three at a bikini bar, intermixed with sake shots.
While his stepbrother, Raymond Rivera, tells the court about half pitcher “Boombah” beers, 1880-brand Tequila shots and drinks of Arrogant Bastard, a “very strong” ale.
The details about what the two men drank was fuzzy. Neither could recall exactly what they drank and how much. Both men describe “bleaking out” before crashing their minivan into an Eclipse carrying Adenhart and three friends.
Courtney Steward, 20, and Henry Pearson, 25 died on the scene. Adenhart, 22, died during surgery a few hours later.
The men remember coming to 90 minutes later, with not much recollection of the night.
Last month Gallo was indicted on three counts of second-degree murder, fleeing the scene with a death or injury, driving under the influence causing injury and driving with a .08% blood alcohol level causing injury. He has plead not guilty and remains in jail with a $2 million bail set.
Source: The Press-Enterprise, ESPN
By Morgan Brickley
Donte Stallworth, wide receiver for the Cleveland Browns, plead guilty to DUI manslaughter today for a drinking and driving incident that resulted in him striking and killing a pedestrian.
The plea deal, which was just accepted by Miami-Dade Circuit Judge Dennis Murphy, orders Stallworth to spend 30 days in jail for the death of Mario Reyes.
In the plea agreement, Stallworth was sentenced to eights years of reporting probation, two years of community control and a lifetime driver’s license suspension. During probation, he will have many drug and alcohol tests.
The Reyes family agreed to the plea bargain, pushing for a quick agreement so the case could be resolved.
“We’ve been in intense discussions with the victims who, as far as we’re concerned, are the primary force in what is a just resolution of this case,” Miami-Dade State Attorney Katherine Fernández Rundle told the press Monday night.
Stallworth, who had a clean driving record before the DUI offense, showed remorse over Reyes’ death and cooperated with authorities, helping to make a quick plea deal.
On March 14, Stallworth hit and killed Reyes, a 59-year-old crane operator, who had just finished a night shift on Terminal Island. At the time, Stallworth had a blood alcohol level of .126%.
”I just want to extend my condolences to the Reyes family. My prayers are with them,” Stallworth told the press on April 2. “I have full confidence and faith in the legal process.”
Sources: The Miami Herald, WPLG Local 10: Just News
By Editor
A Connecticut driver was arrested in Westchester County, New York for DUI when he happened upon a police investigation into two auto accidents. According to the Journal News, police officers were investigating an accident where Matthew Siden had lost control of his car and crashed, ejecting his passenger.
While Siden was checking on his passenger, an Audi plowed into his car. Siden was charged with DUI and released. The driver of the Audi was not arrested.
Meanwhile, here comes Claudio O. Tacuri-Arpi. Tacuri-Arpi was arrested and charged with DUI, driving without a license and failing to obey a traffic device.
This was his second DUI-related arrest in less than 60 days.
By Editor
A mother from Fallbrook, California pled guilty to felony child endangerment for allowing her 6-year-old son to ride with her drunk husband.
According to the San Diego Union-Tribune, Rosa Carachure’s husband rolled their SUV, killing her son. She was seriously injured in the crash.
Shortly after burying her son, Carachure was shocked when police charged her with a felony. Authorities accused her of knowing her husband was too drunk to drive. She could now get a year in jail.
Jose Mendoza, the father, was charged with DUI manslaughter. He could get six years in prison.
Mendoza and his wife were arguing over his drunk driving when he purposefully swerved the vehicle to show her he could drive. The SUV rolled and the child, who was not wearing a seatbelt, was ejected. Two other children were uninjured.
Some prosecutors can certainly be vindictive. Carachure’s attorney said she’s been punished enough.
By Tiffany Sanders, ESQ.
The U.S. Department of Transportation (DOT) released 2005 statistics on DUI accidents this week. The total number of alcohol-related traffic deaths in 2005 was 16,885–virtually unchanged from 2004’s 16,919.
The data did indicate that 23 states and Puerto Rico had decreased their alcohol-related traffic fatalities during the preceding year.
In conjunction with the report,the National Highway Transportation Safety Administration announced a “massive new advertising blitz and enforcement crackdown.”
The $11 million media campaign will be aimed primarily at young men, since statistics showed that 58% of all alcohol-related traffic fatalities involved male drivers between the ages of 21 and 44.
The Department will also work with thousands of police agencies combat drunk driving, including enhanced DUI enforcement.
By Tiffany Sanders, ESQ.
A pending civil case in California may determine whether third parties can be held liable for the consequences of a DUI accident.
The case, filed on behalf of the family of a bicyclist killed by a drunk driver, names the driver’s wife and brother.
The plaintiff’s attorney argues that by protecting the drunk driver’s property, providing him with automobile insurance, purchasing a vehicle for him and serving him alcohol after prior DUI arrests, the driver’s wife and brother took “joint action in support of a wrongful act.”
If the plaintiff prevails, the case will undoubtedly be appealed, but the ultimate outcome could open–or close–the door to a host of claims against those providing aid to drunk drivers.