Friday, May 29, 2009

Brave Drug Warrior Defects; Charged with DUI

If one was to guess who is the biggest drug dealer in South Carolina, I would imagine it is the state government. They sell alcohol and tobacco, two of the most popular recreational drugs in America. Narcotics Officer Tommy Mangum of Chesterfield County, SC Sheriff’s Department is employed by the government. His job is to enforce laws punishing people who prefer drugs that compete with the drugs sold by the state. He was reportedly arrested for DUI at 3:33 a.m. on May 3, 2009.

It was reported that the Chesterfield County Sheriff’s Department responded to a call from an individual driving behind Officer Mangum who allegedly observed him driving “all over the road.” According to reports, after being pulled over Mangum still had the judgment to refuse to give a breath sample. He was subsequently placed under arrest and taken to the Chesterfield County Detention Center.

Mangum’s boss Chesterfield County Sheriff Sam Parker was “devastated and shocked” by the reported events. Parker acknowledged that “It’s something that he enforces everyday.” Parker apparently rewarded Mangum by suspending him instead of firing him. Mangum responded by reportedly checking himself into a rehabilitation facility.

Sheriff Parker was quoted as saying, “we had an officer that let something influence him and take over his life.” One has to wonder about that. If the drinking was that big an issue, why did it take Mangum actually placing the public in danger, then being arrested and charged with an alcohol related offense before some type of action or intervention occurred? Parker reportedly went on to say, “[Mangum] is a good officer. We are all human and we make mistakes.” Do the Sherriff’s Deputies say this on sentencing about the people they arrest? Sounds like a pretty forgiving philosophy.

One has to wonder how people who enforce drug laws everyday for the government could allow their judgment to be so impaired by a drug. Sure, he might have obtained and ingested it legally before getting behind the wheel. But then he placed the public in danger and his career in jeopardy just like someone who was impaired by crack, marijuana, meth, or any intoxicating substance. All is not well at the Chesterfield County Sheriff’s Department.

Deputy DA charged with DUI will be sitting on other side of Courtroom

Deputy DA Sebasti Emma Adams of El Paso County, CO, is employed by the government to prosecute DUIs. A couple of weeks ago, she was charged with DUI in Colorado Springs, CO. Adams was arrested after allegedly running a red light and slamming into a curb, disabling her vehicle. According to reports, the accident occurred after she enjoyed a night out celebrating a prosecutorial victory.

After a concerned witness reported the incident to the police, they responded to the scene to find Deputy DA Adams and her wrecked vehicle. The police claim that she subsequently failed a field sobriety test and then submitted to a blood test. Results of that test still have not been released. Officials say that could take 30 days. She was then taken into custody, issued citations for driving under the influence, careless driving and failure to provide proof of insurance before being released.

Adams’ boss, Fourth Judicial District Attorney Dan May, rewarded her by suspending her with pay until an investigation is complete. At the same time, he requested a special prosecutor to avoid the appearance of a conflict of interest. According to the cops, “During the course of the arrest, she identified herself as a deputy district attorney, but not in an attempt to get special treatment.” Hmmm, that’s curious. If it wasn’t to get special treatment, then what was the purpose of telling the cops about her status as a law enforcement officer?

This case shows the paradoxical nature of DUI cases across the country. Here we apparently have an individual whose professional duties include hammering DUI defendants. She goes out celebrating a prosecutorial victory by legally obtaining and drinking alcoholic beverages. Because alcohol is a drug, her judgment becomes impaired. She then makes the same mistake by trying to drive home as many of the people she has helped to punish. This results in her arrest and subsequent prosecution by the same prosecutor’s office she works for.

The simple solution that would have stopped the chain of events would have been an interlock system in Deputy DA Adams’ vehicle. Unfortunately for her, and all of the victims of DUI, such legislation has not been mandated to stop DUIs before they occur. This is not the first time this particular District Attorney’s Office has come under the DUI magnifying glass. In May 2008, former 4th District Attorney John Newsome was filmed drinking at two bars and driving a county vehicle by a local television station. His decision cost him his job through the electoral process. One can only assume that Dan May took full advantage of the DUI accusations against Newsome to win the election. Is hypocrisy alive and well in Colorado Springs? You decide.

Sunday, May 17, 2009

Former Football Star Bruce Smith Headed for NFL Hall of Fame; Also Headed to Court on 3rd DUI Charge

Meet Bruce Smith. The former star Defensive End for the Buffalo Bills and Washington Redskins was a career leader in sacks on the field. He also has been recognized for service on the boards of St. Jude's Hospital and Operation Smile, and was a member of the Board of Visitors at Virginia Tech, his Alma Mater. In February, he was honored by the Virginia General Assembly, receiving a standing ovation for his career and volunteer work. Last week he was arrested for DUI, his third such charge according to the media.

Of course, Smith was in very good company in the General Assembly, which has had numerous members convicted of DUI, and even more who have driven under the influence but were not convicted. By the time he made it to the House and Senate, he had already been arrested on DUI charges twice, but the charges didn't stick either time. All those politicians that suck up to MADD and take their money must have been suffering from amnesia when they cheered on this multiple DUI arrestee.

Of course, we should all keep in mind that Smith may have been innocent of the charges all three times. But it does go to show what MADD and the DUI crusaders really stand for. They have invented a system where lots of people drive drunk, but only celebrities and wealthy people have a good chance at acquittal on DUI charges. The best DUI defense attorneys are expensive. Add the cost of expert witnesses, court reporters, and independant investigators and you are talking about a lot of money. Of course, the DUI conviction can be even more expensive, but the conviction takes money from defendants over a long period. It is a financial death by a thousand cuts, such as VASAP fees, increased insurance, and fine payments that can be spread out.

Tuesday, May 12, 2009

Cop Charged with DUI After Trying to Leave the Scene of an Alleged Assault

Meet Evan Fardanesh. He is a 9 year veteran of the Folsom Police Force, but this weekend he was arrested and charged with DUI. This case follows a very familiar pattern. It appears that Fardanesh had been drinking based on the reported 0.19% BAC that was taken at the scene.

Apparently the officer had been at a Mexican restaurant when he got into an altercation with a female patron. He allegedly shoved the woman, but the restaurant manager was reported as stating that she was surprised it resulted in a criminal charge.

His fellow officers allegedly found Fardanesh trying to drive out of the parking lot, and he was subsequently charged with DUI and battery, although the cops didn't lock him up at the jail, opting instead to release him to the custody of a "responsible party". Reading between the lines, one wonders whether this is the usual crazy girlfriend scenario.

It is entirely possible that the female patron was Fardanesh's date/girlfriend/spouse, and that she not only fueled his drinking but then started the altercation only to point the finger of blame once the cop had taken enough crap and finally pushed her off of him. This set of facts plays out every day across America, and Fardanesh has undoubtedly arrested many people in the same set of circumstances. It's a pity, but one really has to wonder why he provided a breath sample. Most cops are smart enough to refuse.

Newspaper Discovers that DUI is Still Quite Common; Police Shocked, Plan on Using Overtime Pay to Think of Solution

A recent article in the Virginia Gazette has uncovered a (not so) shocking fact: DUI cases are extremely common. In fact, the newspaper provides a statistical analysis showing that in 2007, 28,787 DUI convictions were recorded in Virginia Courts. This gives us an average of over three DUI convictions per hour!

Of course, that doesn't even count the cases in which people were charged with DUI but acquitted or found guilty of a lesser charge. More importantly, it doesn't include the great majority of drivers under the influence who make it home safely without police "assistance" or kill themselves in a DUI accident and thus are never charged.

Of course, the article never questions our current approach to drunk driving, nor does it acknowledge that each arrest represents a failure to keep intoxicated drivers off the roads. The reason we still have DUI is very simple: that's the way the government wants it. We could stop DUI today by mandating ignition interlocks on every new car. But that would result in a whole lot of cops being out of work, not to mention lawyers, judges, etc.

The DUI system is a scam. It is a racket designed to punish a tiny minority of offenders to create an illusion that it is effective in preventing their luckier counterparts from engaging in the same behaviour. Don't fall for it. If you are on a jury, scrutinize the evidence carefully. If you are a defendant, fight the charge. If you are a legislator, demand that the billions in bailout funds come with a safety benefit in the form of mandatory ignition interlocks. It may be your own life that is saved.

Monday, May 4, 2009

A DUI Lesson from MADD Award Recipient James Tragesser of the Smithfield VA Police

Meet SGT James Tragesser of the Smithfield Police Department. He is a pretty distinguished guy with a record that includes service in the Navy during the first Gulf war as well as a 2003 award from MADD for his DUI arrests. He also got arrested for DUI this weekend.

It's what I call the MADD curse. I frequently read about cops who have received an award from MADD getting arrested for DUI. Why is this? Well, it turns out that these police have been getting drugs from their bosses! These drugs cause the officers to lose their judgement while simultaneously gaining false confidence in their driving abilities. Then the drugs lead to impaired driving, close calls, or even accidents like the one that led to Tragesser's arrest.

You have probably heard of the drugs that the bosses are selling to these cops. Popular examples include Budweiser, Boone's Farm, and Aristocrat. Yes, I'm talking about alcohol. Every cop works for the government, whether it is the federal, state or local government. And all of these governments are selling alcohol and getting revenues from those sales.

I think SGT Tragesser should get credit for the good judgment he displayed. Rather than blow into their conviction machine and give his fellow cops a number to hang around his neck (which sometimes includes a mandatory minimum jail sentence), he declined. Good luck SGT Tragesser! I hope you find an aggressive and experienced DUI attorney who will provide you with a strong defense and help you keep your job.