Latest Cop Arrested for DUI: Sergeant James R. Simonson of the Tampa Police Department

Well, it's happened again. One of our nation's brave warriors in the fight against drunk driving has defected. SGT Simonson was arrested Sunday night by the Hillsborough County deputies and charged with DUI. He was released from jail this morning, and undoubtedly has already had a pointed if not pleasant conversation with his superiors.

The really noteworthy thing about this case is the reported BAC results, which were .085 and .082. I am wondering what kind of cop arrested Simonson. At a .08, drivers are only barely at the legal limit for DUI. Ten minutes later, he probably would have tested at .07 and gotten off the charge. What kind of professional courtesy are the cops down in Florida showing each other?

And I also had to wonder whether Simonson knows the not-so-secret method that reduces BAC on a breath machine. Many defendants have beaten DUI charges by using this method, but perhaps Simonson used it and still couldn't get below .08 anyway. One can only speculate. A really good DUI lawyer might be able to get this officer off the charge based on a rising BAC defense, but I don't know Florida law that well. My advice to this unfortunate cop: Call Flem Whited or Vincent Pellegrino the minute you read this. They can help.

What not to do After Being Charged with DUI: Throw Shit on the Arresting Officer

Rarely do I read a DUI story that surprises me. This is an exception. Milton Alexis Williams, Jr., 49, of Gibsonville, NC has taken a new approach to dealing with a DUI arrest. Lots of people beg the cop for mercy. Some cry. Others feign illness. Bribes are offered. But this guy really wanted to dump on the cop. So he did just that.

According to the Burlington Times News, Mr. Williams was arrested right around midnight on Friday. Now that is a serious bummer. Of course, it means your entire weekend is ruined. Not to mention the money you just wasted on a buzz that will be pretty useless in the lockup. Some people just have to take it out on the cop.

According to the article, Williams was pulled over for driving 74 in a 50 zone. So far a pretty run of the mill DUI. At some point, he threatened to "physically injure" officer J.B. Hedrick. I would put 10:1 odds on the phrase "kick your ass" appearing in the police report. Rather than comply with a breath or blood test, Williams "did knowingly emit bodily fluid" at the officer. I'm guessing we are talking #1 here, although saliva has been the weapon of choice for some past DUI arrestees.

Finally, the defendant allegedly topped off his antics by throwing excrement at Hedrick during the preparation for his incarceration. Folks, this ain't the way to get the cop on your side in anticipation of the next meeting you will have: at trial. At the risk of overstating the obvious, Williams can expect to become quite familiar with the new friends he makes in jail. He was charged with: "two counts of malicious conduct by a prisoner, speeding, driving while impaired, possession of marijuana up to half an ounce, resisting a public officer and communicating threats."

Free advice for every person who drives: you may at some point find yourself under investigation for DUI, even if you have never consumed alcohol. Your new best friend is the cop. His feelings about your demeanor can go a long, long way in getting a favorable plea agreement. While you may have mixed emotions about your new friend's duties, it is very wise indeed to make sure he or she never forgets that you are a good citizen who supports law enforcement.

When all Else Fails During a DUI Stop, Flash the Cop

Tina Lopez got arrested for DUI in Spring Hill Florida this weekend. That's not very newsworthy. Oh sure, there were the usual allegations of inebriation - she supposedly displayed "signs of intoxication", and then grabbed the deputy's arm numerous times to retain her balance. Her biggest problem was probably the fact that she was unaware that her vehicle was in reverse. Despite the officer commanding her to stop, she "front ended" his patrol car by backing into it. Sober people don't usually do that. She then is alleged to have failed the officer's field sobriety tests (which is not surprising since practically nobody ever passes).

No, it was her actions after the arrest that really stand out. While waiting for backup, the arresting officer was treated to a view of Tina's chest! Not once, mind you, but numerous times. There is no further explanation as to why she exposed herself, only that she "felt it necessary" to do so. This certainly raises an interesting issue. In some states, women have won the right to parade about with their breasts exposed under an equal protection argument. They reason that men can expose their chests for all the world to see, so why can't women. The more I think about this argument, the more I agree with it. She wasn't charged with indecent exposure, so I guess the officer agreed as well.

Detective Monica Geddry: Sworn Law Enforcement Officer, Federal Anti-DUI Grant Recipient, Alleged Drunk Driver.

Meet Monica Geddry. She spends her days trying to con people into giving her confessions so that they can get locked away in prison. Ironically, the Reno, NV Detective was arrested this weekend and charged with DUI.

According to an article about her case, "In 2002, Geddry was a Reno traffic officer who organized a program called ALIVE -- Actively Learning About Intoxication and Vehicle Education -- a Reno police program run with a $14,000 federal grant that taught local high school students about the dangers of driving drunk."

This is a very interesting situation. One would imagine that Detective Geddry believes she is a force for moral good due to the fact that she puts sinners in prison to punish them for their wrongdoing. But in upholding the laws of Nevada, she is bolstering a government that sells recreational drugs including alcohol and cigarettes, derives tax revenues from prostitution, and promotes entertainment without regard for morality.

This is just another typical example of why DUI laws fail. If Detective Monica Geddry is out driving drunk, who are we fooling when we act as if there is no problem with our system and the way it deals with DUI? Can you imagine how many cops get stopped each weekend? Can you imagine how many have been drinking? Can you imagine how often they display their badges and proceed without investigation by their fellow officers? Good luck Monica! I hope they just made a big mistake and arrested an innocent woman.

My Favorite Mother Against Drunk Driving - Ann McGuigan

Unfortunately today's big DUI story in Virginia involves a tragic loss of life. Back in December, 19 year old Matthew Shobe was killed in a single vehicle accident in Augusta County. The driver of the vehicle, 17 year old Brennan J. Daly, was charged with DUI after allegedly providing a breath sample that registered 0.09% BAC - barely over the 0.08% limit for adult (21+) DUIs in Virginia , but well over the 0.02% limit for a "baby DUI".

Matthew Shobe's mother was understandably heartbroken over the loss of her son, as any mother would be. Although the devastating result of this DUI resulted in tremendous pain and suffering for her, she has exhibited notable moral courage in response. Rather than calling for her son's friend to be locked up and institutionalized in one of our stellar (?) juvenile incarceration facilities, Ms. McGuigan sought lenience from the court rather than revenge.

In a letter to the Court, she stated "I do not want anymore lives hurt because of this accident.” Her approach should be commended. Rather than taking the vengeance based path endorsed by MADD, she has taken a compassionate approach. In my opinion, MADD is devoid of moral courage. I feel that the organization is nothing more than a business that seeks to profit from the misery that can be caused by drunk driving. I'm sure Ms. McGuigan knows that Mr. Daly will always carry the guilt of his friend's death. Even though his passenger provided the alcohol that contributed to this fatal accident, it will follow him throughout the rest of his life and affect him long after any jail sentence would have ended.

I wish more mothers against drunk driving had the character displayed by Ann McGuigan. She has displayed the ability to forgive another mother's child. Regardless of how many people we lock up for drunk driving, the consequences of mixing alcohol and cars will be with us until we start installing ignition interlocks on every new car. Isn't it time to use our brains rather than our emotions to stamp out drunk driving?

This Week's Big Virginia DUI News Story... Former U.S. Congressman Vito Fossella Going to Jail

This gentleman is former U.S. Congressman Vito Fossella. He's been serving the people of New York for 12 years. This weekend he'll be serving time in a Virginia jail. That's because he blew a 0.17% BAC after running a red light in Alexandria, just across the river from Washington D.C. His DUI contains some very important lessons for anyone charged with DUI in Virginia.

First, it is worth noting that this guy is going to jail. This in and of itself is amazing, and it demonstrates the tremendous odds in favor of the prosecution here in Virginia. You can be certain that Vito is not a poor man. He could afford the best criminal defense attorneys in Virginia. But despite their presentation of the most compelling evidence they could come up with, he is still going to serve the mandatory minimum sentence of 5 days in jail (although he gets a day of credit from being locked up when he was arrested).

His defense team was prepared to argue that his breath test was inaccurate due to a Purell hand sanitizer containing alcohol that he had used 9 hours earlier (sounds kinda dubious). Also, it was claimed that the breath testing machine was inaccurate because of radio wave interference (not normally a great argument, but the machine allegedly misspelled the cops name on the certificate - a great argument). But the problem they ran into was the Virginia jury sentencing rule.

In most states you can try a DUI case to a jury, which gives you better odds than trial before a judge. But if you do that in Virginia, juries that convict also impose a sentence. Which makes this outcome understandable. You never know what a jury will do as demonstrated by the OJ Simpson acquittal and subsequent conviction. His defense tried to make it sound like Vito decided to plead guilty because it was the right thing to do in the wake of the recent tragic death of LA Angels pitcher Nick Adenhart. I think his true motivation was the thought of spending a year in jail. That's the maximum sentence, but this was an aggravated DUI, and with Virginia juries, you never know.

The second point of interest was the fact that Mr. Fossella is getting weekend time. My experience with Virginia courts is that mandatory minimum time is always straight time - no weekends and no work release. That means I'll be citing this case from now on in every mandatory minimum case if the client is convicted. No longer are Virginia's judges shackled to any sort of unofficial policy on such sentencing options.

The third point of interest is Vito's fatal flaw. If you know you are drunk and the police want a breath sample, you are less likely to serve time in jail (especially on a first offense) if you refuse. When you provide a breath sample, you never have any idea what will result. Will it be 0.14 (no mandatory minimum sentence), 0.15 (five days), or 0.20 (ten days)? If you don't know, you probably shouldn't blow. Of course, the refusal carries a 12 month hard suspension with no restricted driving privileges. So if you prefer jail to a hard license suspension, feel free to take your chances.

Here's what I want to know: how many bills did this guy vote for that ratcheted up the penalties for DUI? I wonder how he's going to feel about those votes as he sits in jail this weekend? Also, how much money did MADD get from the federal government while this guy was serving, and will they return a pro rata share of those funds? Could it be that MADD is really all about money rather than taking an ethical stand on drunk drivers?

VA DUI Defense Newsletter Hits a Milestone... 400 Hits

I enjoy the feedback I get from readers of this blog. Today I saw the hit counter jump over the 400 mark, and I know the traffic will continue to grow. Fortunately, there is never a shortage of DUI news to report on. To my readers I say thanks. And to the many cops, prosecutors and judges who keep getting DUIs, I say thanks for the memories and the mugshots. They have given me a lot of material. To everyone charged with DUI, I say good luck. You will need it in today's politically charged climate.

This Week's Trifecta: Judicial, Legislative and Executive Branches Represent!

Judge Al "Barb" Sadler ought to know a thing or to about drunk driving cases. He's probably lectured numerous defendants about the dangers of drinking and driving, especially when it you're mixing your booze with pills. He's the guy pictured in the booking photo at left.

Unfortunately it was that old combination of alcohol and pills that got the Judge into trouble on March 4th. Judge Sandler rear-ended a woman and then failed the field sobriety test. This was his his first mistake. Once he failed the FST, the cops had him right where they wanted him.

Then the judge made a smart move, refusing to provide a breath sample. But with the evidence they already had from the failed FSTs, the cops got a warrant to draw blood. At that point, Judge Sadler agreed to provide a breath sample. But it was the blood that got him convicted. While his breath sample of .02 wasn't enough to get him charged with DUI, a combination of booze and phenobarbitol was discovered in his blood.

The Judge took a plea agreement that called for three days in jail. Somehow this meant that he would not actually serve any jail time, receiving credit for the time he spent locked up when initially arrested. Then the DA announced that this was a standard plea deal in a first offender DUI case. I know this is true because First Assistant DA Phil Grant said so, and he's my Brother Rat.

The legislative branch was also heard from this week. Alabama State Senator Zeb Little, their Senate Majority Leader, was arrested for DUI last week. Then he resigned from his other job as a municipal prosecutor, with responsibility for putting DUI defendants in jail, in Hanceville.

Ironically, Hanceville is located in Cullman, which is a dry county. To make matters worse, it turned out that Sen. Little had initially refused to stop for the cops when they hit the party light. And he had let his license expire. And he had an open container in the vehicle. And he refused to provide a breathalyzer sample.

At least that last part reflects good judgment on the part of a DUI suspect, and we need more people with good judgment in our state legislatures. I hope Sen. Little's wisdom and cool-under-fire reasoning skill is recognized. I would support him in a bid for governor of Alabama. Plus it would be safer. You know, with the driver and everything.

Finally, Chicago Police Officer Richard Fiorito made the news last week as a result of his DUI arrests. He was honored by MADD for making 313 DUI arrests in about a year and a half. Then he got sued by a bunch of homosexuals claiming that his charges were trumped up to harass them.

Allegedly, he "grabbed Shawn Rauch by the throat in the police station, shoved him against a wall and called him a slur for a homosexual." I guess it's OK to harass people with substance abuse problems, but once you start harassing people because of their sexual predilictions, that's over the line. Ironically, it used to be legal to harass the homosexuals, but not the drinking drivers.

This is Incredible - Lawyer gets his DUI Client Incredible Results at a Bargain Rate - Then She Sues Him!

Gretchen Smith of Colorado is now known to the entire world as a lady with very questionable judgement. For starters, she got charged with DUI three times. You would hope that after the first two times she would have been more careful. But no.

She did make a smart move, however, when she hired Colorado Springs attorney Mark Rue. He did an excellent job, getting her a sentence on her third DUI which did not include any active jail time! In Virginia, the third DUI would be a felony and it would not be at all unusual for such a defendant to serve a year in prison. Incredibly, she the sued her attorney for fraud, claiming essentially that he had not put any time or effort into her defense.

Rue charged her less than $20,000 for representation on the three DUIs according to this story. That, my friends, is a bargain price. This fact was recently established as law by Fourth Judicial District Judge Theresa Cisneros, who ruled against her and dismissed her claim. A little lesson here for those deciding which attorney to hire for a DUI: you're most likely to be ripped off by a guy who is charging lower fees.

The fee scale for DUI ranges widely. I spoke to a colleague today who is representing a young lady on an double aggravated DUI in his capacity as public defender. He will be paid less than $200 for his services. How much time do you think he's going to put into a case that will result in a jail sentence? I got a guy a reckless driving plea on a charge like this once - but I put quite a bit of time into the case.

I know another guy who charges $36,000 for a DUI. I'm not kidding. He is one of the best in the nation, and people who can afford the best seek him out. I was amazed at the 2003 NACDL DUI Conference in Las Vegas when I first heard him speak. He told us that he charged $10,000 for a DUI then, which I found amazing.

A pretty good standard for DUI cases is $5,000 to $10,000 for an "A" player. If it is a felony or aggravated DUI, you should expect to pay closer to the high end of that scale or more. If someone quotes a fee of less than $5,000, I ask myself how much time and effort they can possibly put into that case. If they quote a fee of less than $2,500, I feel relatively certain that they are looking to spend a little time on a lot of clients rather than spending a lot of time on a few clients. If they quote a fee of $1,000 or less, I view them warily.

Shopping for a DUI defense lawyer based on price is only one step dumber than representing yourself. Beware the defender who quotes low fees. You get what you pay for, and with jail, license suspension, your driving record, and a lifetime with a criminal record at stake, why would you think twice about getting the best DUI defense lawyer you can find?