VA DUI Defense Newsletter

If You're Going to Drink Beer in Front of the Cops During a DUI Stop, Get Out of the Car First!

2011-03-05T11:12:00.002-05:00

Stephen Supers: Times are Tough

Stephen Supers, a 25 year old Ohio man, did not have a great start to his Monday morning to say the least. Elyria officers pulled Supers over after they allegedly noticed him speeding and driving erratically.

But what Supers does next may leave you scratching your head. After being asked if he had been drinking, the allegedly intoxicated driver answers truthfully, “Yes”, and decides to toast the traffic stop with a drink from his Milwaukee’s Best Ice Beer that is in the car.

After supposedly failing several field sobriety tests, Supers is arrested and charged with driving under the influence. Cops searched the vehicle and said they found a pipe with white residue and a bag of what appeared to be marijuana. Although Supers’ test results are not known, it appears the driver could be facing some pretty significant evidence against him.

Whether a driver dares to admit they are under the influence and driving their vehicle, is one thing. If all Supers said was that he had been drinking, then that is not necessarily an admission of guilt - it's not illegal to drink and drive, it's illegal to drive over the BAC limit of .08 (or less, depending on your state laws). Also if he was not operating the vehicle at the time he consumed the beer, it could actually save him from a DUI unless the police can show that has BAC wasn't affected by the beer. Where Super could have made his biggest mistake was in drinking Milwakee's Best Ice. Everybody knows that Beast Ice could lead to a bad hangover. Hopefully Stephen's luck will change and he will catch a break when his case goes to trial.

Once Again, Breathalyzer Costume in Halloween DUI Arrest Mugshot

2010-11-07T21:03:00.000-05:00

Arrested for DUI in
a Breathalyzer Costume
(Taken from The Smoking Gun)

In a most unfortunate twist of irony, Mathew Nieveen, 19, was arrested in the early hours of November 1st, when cops in Lincoln, Nebraska pulled the young gentleman over for driving erratically.

Upon searching the vehicle, cops allegedly discovered beer and vodka. Further tests estimated that the suspect was twice the state's .08% legal Blood Alcohol Content limit.

The irony in the story is Mr. Nieveen was still wearing his Halloween Breathalyzer costume from the night before when cops made the arrest.

Senior Federal Judge Busted Behind the Wheel after Using Coke (Not Charged with DUI)

2010-10-20T13:28:00.001-04:00

Screenshot from the Atlanta Journal Constitution

Retired federal judge Jack T. Camp is facing some torrid allegations involving the classic combo of "hookers and blow". Judge Camp was recently arrested by FBI agents after allegedly purchasing sex and drugs including cannabis, cocaine, and other illegal substances. According to blog posts, Judge Camp was harsh on those accused of drug crimes, stating in open court that he was a big believer in the prison system.

If the allegations are true, Judge Camp may soon be finding out just what a raw deal the taxpayers are getting from modern America's penal industry.

One has to wonder whether Hon. Judge Camp really started using coke and weed at 67 or whether he has been using whatever substances he liked while sentencing people for buying or selling the same drugs he was using.

It remains to be seen what will become of this allegedly criminal jurist. His arrest has provoked a number of fascinating questions, such as why we are not drug testing judges, how many other federal judges are using substances, and why we prohibit drugs if you can use them and still be mentally competent to be a judge?

Actual Excerpt from the FBI Report

One issue of interest to those who follow impaired driving cases is the facts involving a vehicle. According to the feds' report in this case, Camp and a stripper that was a confidential informant snorted some coke at a "titty bar". Afterwards the informant was in Camp's passenger seat while he was in the driver seat (with a gun!).

While the report does not describe any driving behavior on the part of the judge, it seems perfectly safe to assume that Camp drove away after snorting coke. For some reason, there has apparently been no outcry from MADD or any state prosecutors resulting in charges for what could have been an instance of driving under the influence of an illegal substance.

This turn of events challenges my normal adminition that we could do away with DUI by using breath activated ignition interlocks. But we have to remember that for every alcohol impaired driver out there, we may be missing someone in charge of punishing folks in the war on drugs that is too high on coke to get behind the wheel. We wish the best for Judge Camp, as he may simply be the victim of a rogue informant who has fabricated evidence against him. If so, and he is exonerated, we hope he will joing us in speaking out against the war on people who are impaired and other punitive measures that are too harsh and designed to fail.

Ohio Judge Arrested for DUI

2010-01-28T20:44:00.000-05:00

Montgomery County Miamisburg Municipal Court Judge Robert E. Messham Jr. was arrested for driving under the influence of alcohol on January 26th. According to reports, he side swiped another vehicle, causing the police to be called to the scene. There was minor vehicle damage, but no injuries were reported. Messham was arrested at the scene, but released the same night on his promise to appear in court when ordered.

Reports say that Messham Jr. has served in Miamisburg for more than 21 years. He is a proud sponsor of the D.A.R.E. program, and is remembered speaking out against drunk driving in 2002. He also was a regular supporter and participant in the town’s National Night Out to fight crime in neighborhoods.

Messham was due in court tomorrow, but will not be appearing because his lawyer has already entered a not guilty plea on his behalf. I for one hope his lawyer proves him innocent. What a shame it would be for a judge who decides what punishment is suitable for other’s crimes to be guilty of breaking the law himself. It will be interesting to see what becomes of this judge who was appointed to office by the governor and re-elected by the citizens of the town three times.

New York Police Officer Facing Termination After DWI

2010-01-25T13:59:00.000-05:00

John Lewis of the Schenectady Police Force is facing termination after a DWI arrest on Saturday night. According to reports, police were called to the scene of an accident in a hospital parking lot. They were told of an intoxicated man who had left the hospital parking lot after crashing into another vehicle. Lewis was found and taken into custody for Aggravated Unlicensed Operation, Driving While Intoxicated, and leaving the scene of a property damage accident. He was held in jail without bond.

Reports say this is not the first time Mr. Lewis has been in trouble with the law. In fact, he was fired from the police force in 1998 for using a racial slur. It was ruled that he was fired without sufficient cause, and he was re-instated. From there, it seems Lewis’s problems only grew. He was arrested five times for a variety of crimes including but not limited to fourth degree criminal mischief, third degree stalking, second degree aggravated harassment, eavesdropping, and computer trespassing. He also received a DWI charge in December 2008 after a crash. Through all of this, Lewis has been suspended without pay and is now facing termination…..again.

We teach our kids to respect police officers. And we ourselves are supposed to respect them. How is it that someone like this could even be a part of a Police Department? How is someone who has been charged with crimes repeatedly supposed to go to work and protect our cities from the very crimes he’s being charged with? This current DWI arrest could have been prevented if an ignition interlock would have been mandatory for Lewis’s vehicle after his first DWI arrest. Or better yet, if they were mandatory on ALL vehicles, then even the chance of him getting behind the wheel of someone else’s car after drinking wouldn’t exist.

Another Elected Official Arrested for DUI

2010-01-23T18:40:00.002-05:00

What is more embarrassing? Getting busted for DUI as a city council member, or getting busted for DUI in a minivan? Well look no further than seventy-two year old city councilman William J. Craig of LaFayette. Georgia.

He should be able to answer that question after his arrest on Wednesday night. According to reports, Trooper Jason Geddie stopped Craig’s minivan around 11:00 Wednesday night after noticing the vehicle driving erratically.

Upon speaking with Craig, the trooper noticed the smell of alcohol, and administered field sobriety tests. He was then taken to the Walker County Jail for a breath test. He blew .12. He was charged with DUI after all testing was complete. He was reportedly cooperative with police through the entire process.

Craig joined the city council in January of 2008, and has served in several administrative roles throughout his career. DUI’s everywhere are frowned upon. The defendants are looked at as “bad people”. This case proves once again that anyone who drinks can find themselves defending their innocence in court. Several states have begun using ignition interlock devices for repeat offenders in DUI cases. Why not put them on ALL vehicles registered in EVERY state to prevent one’s first offense from ever happening? Why can’t all legislators starting at the city council level push for such laws?

This is just one more example of the truth that MADD and the justice system don't want you to know. The very people who rant and rave about drunk driving and try to demonize those who get caught are just as guilty as the rest. Nobody who gets behind the wheel above the legal limit knows whether they are above or below the limit, but they feel like they are perfectly fine to drive. That's because the government's narcotics distribution conspiracy is pushing ethyl alcohol, an insidious drug that makes people lose their judgment. It's a guaranteed recipe for disaster. Drunk driving disaster.

Tennessee Cop Faces DUI Charge

2010-01-21T20:14:00.000-05:00

According to reports, Richard Allen Leese, a Clarksville Police Department Officer was arrested early yesterday morning for driving under the influence of alcohol. Two Henry County police officers responded to a complaint that someone had wrecked a truck into someone’s yard. The complainant stated that the driver of the truck was possibly drunk.

Reports say that the officers were greeted when they arrived at the scene by Leese holding out his police badge, saying he was a member of the Clarksville Department. Leese admitted to the arresting officers that he drank three beers between 6:00 and 7:30. He guessed that it was probably about 9:00 then. It was after 2:00a.m.. I think it takes a little more than three beers for five hours of events to get lost in your head!

Leese was given a field sobriety test, which he allegedly failed. He refused to take a breathalyzer test according to police reports. He was charged with violation of implied consent and driving under the influence. When put in jail, he was held in a “safe area” because of his police officer status. While it’s probably not fair that he was given special treatment, at least he wasn’t sent to the comfort of his own home like the guy in my last story was. Leese is scheduled to appear Feb. 23 in Henry County General Sessions Court.

Another Legislator Cited for DWI - Louisiana's Bobby Badon Joins the Hall of Shame

2010-01-20T13:30:00.000-05:00

Louisiana State Police cited State Representative Bobby Badon with a DWI Monday night after he was pulled over for a traffic violation. According to reports, Badon was stopped just after 11:30 p.m.. When the arresting officer noticed signs that he may be impaired by alcohol, he was taken to the police station where he submitted a breath sample. The test showed a blood alcohol level of .125. The limit is .08, so he was charged with DWI.

Reports say that following the arrest, Badon was driven home because the Lafayette Parish Correctional Center was at maximum capacity with one person already waiting. I wonder why the one person who was waiting for a spot in the jail wasn’t sent home to the comfort of his home. Or is it common in Louisiana for people who are arrested and awaiting jail for certain crimes to just be sent home because there isn’t room for them?

Badon is reportedly a life-long resident of Carencro. He was elected to represent the Lafayette, St. Landry and St. Martin parishes in 2007 in the House of Representatives for the state of Louisiana. Reports say he underwent double bypass surgery in October. His office is expected to address the media later today. Hopefully he’s learned from his mistakes and can turn this arrest into a positive thing by setting an example for everyone. Anyone who drinks can get a DUI without something in place to help their impaired judgment, not just the common alcoholic.

Minnesota Cop Arrested for Suspicion of DWI

2010-01-20T00:16:00.000-05:00

A police officer out of Coon Rapids, Minnesota was arrested on Friday night after allegedly driving while under the influence of alcohol while off duty. According to reports, Officer Bryan Platz rear-ended another vehicle carrying two women. The women had slowed to turn into a gas station. No one was seriously hurt in the crash.

Platz provided a blood sample on the night of the arrest. No charges will be filed until the blood test comes back, which could take a few weeks. He has been placed on paid leave pending an investigation. Deputy Chief Tim Snell said that Platz has worked for the police department for about seven years. He wasn’t sure if any disciplinary action would come as a result of the arrest. And he wasn’t sure if speed was a factor in the crash.

This is just another example of a cop getting busted for driving after drinking. It happens every day. If convicted, he’ll probably pay his fines, and essentially get them back in his paycheck. DUI along with all traffic infractions are a huge source of revenue for our governments. Makes you wonder if since alcohol is a government issued drug and ignition interlock devices aren’t mandatory on all vehicles by law, the government is too dependent on the revenues they get from such arrests to try to stop them before they happen.

Utah Senator Arrested for DUI - NOW UPDATED

2010-01-16T09:51:00.003-05:00

UPDATE - Sheldon Killpack resigned today after making a public statement in which he told the people of Utah that he did not want to be distracted or to be a distraction as he recovers from his DUI charge. Unfortunately it seems that he drank the kool-aid and feels that he is no longer worthy to serve as a state senator. This is a terrible shame - everybody makes mistakes, and Killpack could have made a real difference with a universal ignition interlock bill - a measure that would actually have some effect on the tragic consequences of DUI.

Utah Senate Majority Leader Sheldon Killpack was arrested Friday morning on suspicion of driving under the influence, according to the Utah Highway Patrol. He was stopped after his vehicle was seen being driven erratically. The trooper noticed "a strong odor of alcohol" and asked Killpack to perform field sobriety tests, according to reports. He performed the tests but refused a breath test. A blood test was later obtained.

According to news reports, Killpack’s own father was killed by a drunk driver, and he has always stood against drunk driving. Killpack is also a member of the Mormon Church, which is well known for the official church policy of abstaining from alcohol. He was even the Senate sponsor for a bill that would allow habitual drunk drivers to have their vehicles seized by the state. Reports say that he also sponsored legislation last year that allows drunken drivers to plead to a reduced charge of impaired driving and go to a DUI court. It was thought that this would speed up cases and send the drivers to treatment. If someone who is completely morally opposed to DUI winds up in this situation, is it any wonder that drunk driving continues to kill people?

I do give Killpack credit because he apparently didn’t tell the arresting officer who he was during the arrest. At least he wasn’t trying to get himself out with his “powers” like so many seem to think they can do. But again, this is a story about the very person who should be working to keep our streets safer being the one making them dangerous. Hopefully Killpack will learn from his mistake and realize how strong of a drug alcohol really is. Nobody can make a good decision about whether or not to get behind the wheel after consuming enough alcohol to impair his ability to drive. Killpack needs to use his law-making abilities to put laws in place to prevent this problem *before* it starts, not after it is too late! If this case doesn't wake people up to the need for an ignition interlock in every car sold in America, nothing will.

Texas Cop on Desk Duty After DWI Arrest

2010-01-13T20:55:00.001-05:00

Austin Police Officer Leonardo Quintana was arrested Tuesday after allegedly consuming alcohol and getting behind the wheel. The Leander Police Department found Quintana at about five o’clock a.m. in his vehicle.

The car was damaged, and the tires were deflated. According to reports, Quintana failed several field sobriety tests at the scene, and admitted to having drinks at a friend’s house.

Reports say that Quintana is the same officer who was investigated after a controversial shooting a few months ago that killed a man. He was suspended for fifteen days after investigations were complete for failing to turn on his dashboard camera before approaching the vehicle where the shooting occurred.

Quintana is currently on restricted duty pending the investigation of his DWI. He can perform such duties as desk work. Sergeant Vincent of the department said that the police department plans to morally support Quintana as if they would family. What? This sounds more like an organized crime family than a law enforcement agency. I wonder if the police department will support me or you if we get arrested for driving while intoxicated while cruising through Austin. I won't be testing that theory any time soon.

Virginia Cop Arrested for DUI

2010-01-13T16:22:00.002-05:00

Sgt. David Conley Cullop, an off-duty Chilhowie police sergeant, was charged with driving under the influence on Friday night. He allegedly crashed head-on into a truck after crossing into oncoming traffic on a bridge.

Luckily, no one was injured in the crash. According to a spokesman for the Virginia State Police, Cullop refused to take a breath test, so he was charged with refusal as well.

The twist to this story is that reports say that Cullop is the same officer who two years ago was honored for saving the life of a police officer who had been hit by a drunk driver. He was presented with a letter of commendation from the chief and the Police Department’s Life Saving Medal a few months later.

Why is it that cops who are hailed as heroes for DUI enforcement are so frequently arrested for drunk driving? I call it the MADD curse. I think a police officer who sees the results of drunk driving every day should know better than anyone not to get behind the wheel after drinking. Especially an officer who watched one of his own almost die due to drunken driving. Of course, Officer Cullop is presumed innocent unless and until he is proven guilty. I hope he gets a fair shake in court, and I hope he uses that experience to give defendants a fair shake in the future.

Another Ohio Judge Faces (Very Little) Punishment Following his DUI Arrest

2010-01-12T18:02:00.000-05:00

Does this guy look like a judge or a guy who got charged with drinking and driving? Trick question! Actually both answers appear to be correct according to this article detailing His Honor's guilty plea. Once again, we find that the very people who look down in judgment on those accused of driving drunk seem to do no better at upholding the law than the defendants they lecture every day.

Judge David N. Abruzzo, of Ohio was charged with driving under the influence of alcohol and failure to yield to a public safety vehicle in September. According to the Ohio State Patrol, he refused to take a breath test on the night of his arrest. Abruzzo pled guilty in court on Wednesday to a misdemeanor, physical control of a vehicle while under the influence. That was a reduced charge. He was originally charged with operating a vehicle while under the influence. The failure to yield was dismissed!

Abruzzo has been practicing law for over thirty years! Must feel weird for him to be facing a judge, wondering what will become of his mistakes, although the "deal" was reportedly made during pre-trial negotiations. Abruzzo is still working as a judge, and has apologized to his community, according to reports. DUI judges are nothing new to Ohio. Disgraced Ohio Supreme Court judge Alice Robie Resnick pled guilty to a DUI in 2006 after ignoring the cop trying to pull her over and then blowing a 0.22. According to Wikipedia, she got out of charges of "failure to comply with a police officer, resisting arrest, [and] fleeing from police."

Hopefully Abruzzo will figure out from his experience why DUI laws are designed to fail, and how DUI defendants should be treated. But Blackrobitis can be a terrible disease, causing some judges to lose their common sense while drowning in a sea of privilege. Because the rules so rarely apply to judges, they can lose sight of the true impact of their actions. Thank goodness for the good judges who retain their mental acuity and objectivity.

Pennsylvania DUI Enforcement State Trooper Charged With... DUI

2010-01-07T22:45:00.000-05:00

Cpl. John Quigg, of Wyndmoor, Pennsylvania is on administrative leave after being charged with DUI last month, according to reports. What makes this story so interesting is that Quigg was a 24 year veteran of the police force and he was a qualified crash reconstructionist. His job apparently involved supervising DUI checkpoints in the Philadelphia area.

Reports say that Quigg was driving his Honda Accord west on Route 422 on the night of Dec. 17. He lost control of his vehicle and hit a guard rail. A trooper reportedly found him slumped over and unresponsive inside of the car, and he was taken to a nearby hospital for evaluation. He was charged with driving under the influence along with other traffic violations including having an open container of alcohol in the car.

It sounds to me like Pennsylvania is facing the same problem that every other state in America is facing today. When the very people we pay with our tax dollars to keep our streets safe are endangering them, it’s time for change. I wonder how this cop who was paid to arrest drunk drivers feels seeing life from the accused side? He probably just figured out that DUI laws are a complete and total scam that are designed to fail. Maybe if the government is going to sell us alcohol, then the government should pass laws to help their customers make the right decisions after drinking when their good judgment is altered.

Would mandating ignition control locks be seen as saving lives or would it be seen as losing revenue for the government when the DUI rate goes down? Of course MADD would be out of business too, so you can imagine how they feel about it. And of course the liquor industry isn't interested in people having one drink and driving home, they want people to consume three drinks and drive home.

Rhode Island Prosecutor Charged with DUI

2010-01-06T14:39:00.000-05:00

Rhode Island Federal Prosecutor, Gerard B. Sullivan, has found himself on the other side of the courtroom after allegedly driving under the influence of alcohol Thanksgiving morning. According to reports, Sullivan admitted in court Monday that he had refused a breath test on the night of his arrest. But Tuesday, he and his lawyer spent over two and half hours at the bench trying to get a separate DUI dismissed, without success. The judge continued the case until Monday.

Sullivan was one of eight drivers who refused a breath test over the long Thanksgiving weekend. According to reports, he was the only one who was not also charged with DUI at the time of his arrest. Reports say that during his encounter with police, he told the arresting officer that he was a prosecutor and that he knew the chief of police. He argued that his job was in jeopardy. He was charged with refusal, but not DUI.

After Police Chief Stephen M. McCartney reviewed all eight refusal charges from Thanksgiving weekend, Sullivan was also charged with DUI. I guess Mr. Sullivan is seeing life from the defendant’s side of the courtroom now! It will be interesting to see what happens in court on Monday. Funny how a guy who is always arguing that others should be made to accept the consequences of their actions now appears to have been scrambling as hard as possible to get favorable treatment.

Judge Sends Massachusetts Senator to Jail After his Toothpaste Defense Didn't Hold up in Court

2010-01-06T12:11:00.001-05:00

Massachusetts Senator Anthony Galluccio will be spending a year in jail for violating his probation after being convicted of DUI. According to reports, Gallucio was involved in a hit and run accident in October where a father and son were injured.

Gallucio was given two years probation, and also ordered to undergo random urine tests, and use a Sobrietor, a portable device for monitoring blood-alcohol content to make sure that he was not drinking. Galluccio has to breathe into the device at random times during the day. Galluccio also lost his driver's license for five years and was ordered to pay a $1,000 fine. He got a jail sentence that was suspended.

It was less than a week after sentencing, on December 21st, when probation office worker, Michael Jacobs, showed up at Galluccio’s home to perform the alcohol test. According to reports, not only one, but two breath tests were failed during the visit. Galluccio denied drinking any alcohol that day, and argued that it must have been his toothpaste that caused the positive result.

Cambridge District Court Judge Matthew Nestor did not buy the “toothpaste defense” in court Monday. Galluccio even flew in an expert to testify that by hair sample, he had tested Galluccio, and it was proven that he had not consumed alcohol. But the test was not approved by the court, and the Judge sent Galluccio away in handcuffs. Reports have referenced the fact that the October crash was not Galluccio’s first encounter with the law over alcohol. Maybe a year in the slammer will teach him that being a senator doesn’t give him special treatment!

Maybe his senator friends will fight for laws helping to prevent DUI's while he's behind bars, like mandating ignition interlock devices on ALL vehicles. Of course, we should always remember that alcohol testing in the criminal context is pathetically inaccurate. It is definitely possible for a person who hasn't had a drink to provide a breath sample that a machine will report as positive for alcohol. Maybe the Senator's cronies will pass a law banning the horrific guilt machines that lie silent outside of our courthouses, pointing the finger of blame at people.

Yet Another Montana Judge Charged With DUI...

2010-01-06T11:40:00.001-05:00

What are they serving at the judicial conferences in Montana? Just kidding, everybody knows what they serve at judicial conferences in every state: alcohol. That’s right, you can be sure that every judicial conference in America includes alcohol (ok, maybe not Utah). The participants enjoy beer, wine, and liquor as they serve the people by sharpening their guilt-finding skills. But for some reason Montana seems to have a distinct trend towards judges who drink and get behind the wheel.

This time it is Judge Linda Hartsock being charged with DUI. According to reports, she was cited in the courthouse parking lot after the Glasgow City police department received a complaint. She was not pulled over, but rather found in her car in the parking lot. Hartsock pled not guilty in court yesterday, however reports quote her saying, “I made the biggest mistake in the world. I'm not proud of it." She was apparently back at work Monday afternoon.

Reports say that Judge Dave Riggin presided over the initial appearance, but will remove himself from the case and another judge from out of the district will be brought in. No trial date has been scheduled. Further information about the alleged incident was not released by Glasgow Police or Glasgow City Court. In other Montana DUI judge news, Ralph Dukart Jr., previously profiled here, has reportedly resigned following his DUI and subsequent driving suspended busts.

Idaho Sheriff's Officer Faces Second DUI Charge

2010-01-04T15:32:00.001-05:00

This story comes from Payette County, Idaho. A county Sheriff’s officer who resigned in October after a DUI arrest has been accused of once again driving under the influence of alcohol. According to reports, Troy Sallee pled guilty in court on December 21st to his DUI charge. One day later he was arrested again for suspicion of driving under the influence after crashing into another vehicle.

News reports say that Sallee is being charged with a felony in the newest case because there was great bodily injury to the driver of the other car. Crystal Yokom suffered broken ribs, a shattered ankle, and lacerations in the crash. He is also facing a hit and run charge due to the wreck. I wonder if Sallee didn’t learn his lesson the first time or if he did, but his judgment was once again impaired by the alcohol and therefore all good judgment flew out of the window.

How many of these cases do we need to see before something is done about this huge problem that faces our society? There are ways that the government could practically stop DUI in our country, like ignition interlock devices being mandated on every vehicle sold. Why is it taking so long if this could save lives and make our streets safer?

Police Officer Accused of DUI in Fatal Wreck

2010-01-04T10:34:00.001-05:00

Lockport, Illinois Police Officer, Edward Stapinski is being charged with reckless homicide and aggravated driving under the influence after a crash that killed a man on the night of December 20th. Stapinski was allegedly driving his Mitsubishi Gallant at speeds of about eighty miles per hour on Highway 55 when he lost control, flipping his vehicle and hitting a Toyota Camry head-on. Mike Wong, the driver of the Camry, was killed in the crash.

Stapinski was taken to a nearby hospital according to reports, where his blood sample showed that his blood alcohol level was .223, which is about three times the legal limit. According to reports, Associate Judge Maureen Feerick said that Stapinski held the public trust as a police officer and that his job should had “given him insight” into the consequences of such actions. Stapinski’s bond was set at $750,000, and he is forbidden from driving, will have to surrender his passport and any firearms in his possession as well as his firearm identification card. If convicted, he is facing three to fourteen years in prison.

The family of 29 year old Mike Wong is devastated, fearing that Stapinski will receive special treatment in court because he’s a police officer. It will be interesting to see the outcome of this case that may have been prevented with a law mandating ignition control devices on all vehicles. It’s becoming a common thing to hear about the police officers who are paid to keep us safe endangering our streets. It’s time for Congress and all of our states to do something about this growing problem.

Three Officers Charged With DWI in Westchester, NY Last Month

2010-01-02T15:35:00.001-05:00

Two police officers and one corrections officer employed by Westchester County in New York were charged with DWI last month. Police Officer Joseph Kraus (left) was suspended with pay after allegedly running a red light and crashing into a police cruiser. Officer Jessica Knatz had to be cut out of her demolished patrol car where she suffered facial and back injuries due to the impact of the crash, according to reports. Apparently, Kraus refused a breath test, but admitted to drinking before the crash.

According to reports, police officer Michael Huffman was charged with DWI and two other traffic violations after a rollover crash on December 11th. He was placed on leave by the county until the investigation is complete. He was allegedly driving his 2010 Volkswagen Jetta, when he crashed into a guardrail and a fence. In addition to DWI, he was charged with speeding and crossing the double yellow line. Huffman sustained minor scrapes, but was awake and conscious when authorities arrived at the scene.

Patricia Yancy-Johnson, a county corrections officer, was accused of drunk driving after hitting an ambulance from behind. It sounds like Westchester has a very big problem on their hands. It's bad when the people who are paid to keep our streets safe are the very ones who are making them unsafe. The truth is that everyone's judgment is impaired after consuming alcohol. It is a drug that alters the minds of police officers, judges, and senators just as it does you or I. DUI continues to plague society because the government (which sells liquor) doesn't require ignition interlocks on every new car.

Virginia Beach Police Officer Charged With DUI

2009-12-29T12:43:00.001-05:00

Virginia Beach Police Officer Stephane Prevot was charged with both DUI and hit and run after striking a mailbox on Saturday morning. According to news reports, a pedestrian was walking her dog when she came upon Prevot stuck in a ditch. He was flinging mud around, trying to free his vehicle. When he finally got free, he hit a mailbox before leaving the scene.

This is the second Virginia Beach police officer to be arrested for DUI recently. Officer Bryan Womble has left the force since being convicted after an incident in June of this year. He was charged with DUI and hit and run. He received a mandatory five days in jail, a twelve month license suspension, a five hundred dollar fine, and he had to enroll in alcohol awareness classes. He was also ordered to use an ignition interlock device for six months.

Womble was a celebrated member of the police department’s Traffic Safety Unit, which is responsible for stopping impaired driving. Womble was the officer who arrested NFL star Bruce Smith for DUI in May, just one month before he, himself was caught. Shouldn’t our government see that we have a serious problem on our hands when the very people who are paid to keep drunk drivers off of our streets are being charged and convicted with DUI? Maybe with our judgment impaired by alcohol, it isn't as easy as it should be to make a driving decision. Shouldn't ignition interlocks be required to help us make that choice?

Fort Worth Police Officer Charged With Intoxication Manslaughter

2009-12-28T13:06:00.001-05:00

Jesus Cisneros, a Fort Worth, Texas police officer, is being investigated after a collision in his patrol vehicle that killed a young mother on December 11th. According to reports, Cisneros’ blood alcohol level was .17 at the time of the wreck. That is over two times the legal limit (in Virginia it would be an "aggravated" DUI with a mandatory minimum jail sentence). He was also allegedly traveling at speeds doubling the posted speed limit of 35 mph. This would constitute a separate Class 1 Misdemeanor in Virginia, reckless driving by speed.

Fort Worth Police Chief Jeff Halstead seemed embarrassed at the entire situation. He told the family of the victim that he would do everything in his power to ensure that justice prevails. Cisneros has turned in his resignation, and is no longer working for the police force. He turned himself in on December 21st . He is being charged with intoxication manslaughter. He was released from jail after posting a $25,000 bond. He is not allowed to drink alcohol, leave Tarrant County, or operate any vehicle that doesn’t have an ignition interlock device installed. If convicted, he could face up to 20 years in prison.

There are two little boys in Forth Worth without a mom now. The ignition interlock device should have been installed in the police vehicle before the crash, and maybe their mom would have made it home safely on that night. The interlock device should be installed on every vehicle sold! It’s an easy way to save lives and keep our streets safer. We have the technology to stop drunk driving, we simply lack the will and the integrity to do it.

Alcohol is a mind altering drug. If our government wants to sell us this drug freely, and we can consume it in public so easily, then there should be something to stop us from getting behind the wheel when our judgment is impaired. If even the police officers whose jobs are to keep drunk drivers off of our streets aren't able to control their own drinking and driving, then that shows that we have a huge problem that isn't being solved with the current system that relies primarily on punishing people who have already been caught driving drunk.

Chief Halstead says that he is investigating several other police officers on the force as well. Apparently, Cisneros and several other officers were celebrating a birthday party at a bar the night of the wreck. The chief wants to know why no other officer stepped up and prevented Cisneros from driving. He says that as police officers, they are always held to a certain standard of conduct, even when not on duty. My thinking says that the other officers were probably consuming alcohol as well. Judgment is impaired while drinking, and it shouldn’t be their responsibility to stop a fellow officer from driving after drinking when the government can solve the problem permanently with an ignition interlock.

Allegedly Drunk Mom Leaves Daughter on the Side of the Road

2009-12-13T13:29:00.001-05:00

Thirty year old Tara Biller of Fredricksburg is facing DUI charges after allegedly leaving her ten year old daughter in a ditch on the side of the road. According to news reports, a pizza delivery driver alerted officials when she saw a Chevy Taho swerve over to the side of the road. She could see a child beating on the passenger window before exiting the vehicle. Then the car drove away, leaving the little girl out in the cold!

The police tracked down Biller who they said was visibly intoxicated. She was charged with DUI, driving on a suspended license, child endangerment, and refusing a breath test. The police department found the daughter safely sitting in the pizza delivery driver’s car. She was later released to family members, which is where she remains. The child said that her mom’s driving was scaring her.

Kudos to the little girl in this story. She felt as if she was in danger, and she did the right thing by demanding to get out of the car. The delivery driver was in the right place at the right time, and the outcome of this story is a good one… No one was hurt! The Commonwealth of Virginia has been selling liquor to people like Tara Biller and getting millions in their ABC stores. Shouldn’t the state require ignition interlocks on every vehicle before they issue tags for it?

Richmond City Councilman Marty Jewell Pleads No Contest to DUI

2009-12-13T12:14:00.000-05:00

Fifth District Councilman Marty Jewell appeared in court yesterday for a DUI charge that occurred early on the morning of October 24th. He pled no contest to the charge. The “no contest” plea in a DUI case means that you are not stating or admitting guilt, but merely admitting that the government has enough evidence to convict you. He received a sentence of ninety days in jail, all of which was suspended. He was also ordered to pay the mandatory minimum $250 fine, and he is to enroll in a state run alcohol education program known as VASAP. His license has been suspended, but he is permitted to drive to and from work, including city council meetings and functions.

The charge came when Jewell was pulled over after attending a party with his son on the night of October 23rd. He was followed by a police officer across the Nickel Bridge, and then pulled over in the Byrd Park area of the city. His blood alcohol level was .11, which is over the .08 limit. He spent what was left of the night in jail.

Councilman Jewell has served the fifth district since 2004. He is also well known in Richmond for owning a popular cleaning service. He apologized to his fifth district constituents as well as the community, saying that he knows he made a mistake, and he will not make the same mistake again in the future.

He urged everyone to take a lesson from his situation. He deserves credit for taking responsibility; let’s hope he uses his experience to let police, judges and probation/VASAP supervisors know what parts of the process work and which parts don’t! Hopefully Councilman Jewell and his family will have a happy holiday season and better luck in the coming year.

Montona Judge Doesn't Learn Lesson: Busted for DUI, then Driving Suspended

2009-12-07T13:24:00.003-05:00

Meet Judge Ralph Dukart, who sits on the bench in Miles City, Montana. Notice in his picture that the DUI laws and fines are posted neatly on his bench. This judge was arrested on charges of drunk driving on September 14th. Police records state that the judge was pulled over for driving on the wrong side of the road. He received charges for both DUI and failure to drive in the appropriate lane.

After being released from jail on his own recognizance, Judge Dukart was sentenced on November 13th, after pleading guilty to driving under the influence. He received a ten day jail sentence that was suspended. He was ordered to pay a $585 fine, and his driver’s license was suspended for six months. He was also ordered to enroll in an alcohol assessment and treatment program. It was recommended that after doing so, he receive an occupational driver's license.

Lo and behold, On Friday, November 27th, Judge Dukart was cited once again. This time, the ticket was for driving on a suspended license. He was ordered to appear in court to enter a plea by December 1st. It will be interesting to see how this affects his six month license suspension and the occupational license seemed to be waiting for him after enrolling in treatment.

I also want to know if Judge Dukart will be permitted to hear DUI cases in the future. I'm very curiously waiting to see what the future holds for this judge. He's now seeing life from the other side of the bench...he's seeing life through the eyes of those whose fate was placed in his hands in days past. Hopefully he will treat others as he would want to be treated.

Now Here's a Cop Who was Convicted of Drunk Driving that I Can Respect!

2009-11-02T20:49:00.002-05:00

I blogged about Alexandria Chief of Police David Baker and his arrest for drunk driving back in July. Today the Washington Post reported on his efforts at rehabilitation. Normally I would say that in a sarcastic manner because I would think that his efforts were nothing more than a response to the sentence he got for aggravated DUI last summer.

But this guy is going out on his own time and speaking in public about his arrest. He is using his case as an example for others who can benefit from his bad experience. The article states that "As a police chief, he used to work with the Checkpoint Strikeforce campaign. And for years, he said, he has been an advocate for stricter penalties for drunk drivers. When he left the D.C. police force in 1991, he was a captain heading the traffic section, his duties including being in charge of DUI checkpoints."

It must have been terrible to find out what it's like to be on the other end of the DUI arrest. I hope retired Chief Baker realizes why that terrible night occurred. It's because he was working for drug dealers who don't take responsibility for the substances they are pushing. The Commonwealth of Virginia, whose laws Baker was sworn to uphold, sells a deadly and addictive narcotic in ABC stores called liquor. They also sell licenses to operate cars without ignition interlocks.

These drug dealers, whose lawful conspiracy to distribute this narcotic substance was furthered by Baker enforcing their directives, know that when people use alcohol in the manner that it is intended to be used, they lose judgement. This makes them bad at making a decision as to whether to get behind the wheel and then it makes them bad at driving. But the government uses a device called an ignition interlock to reduce deaths on the highways. It keeps the car from starting until you blow a clean breath sample.

The government knows this but has made the decision to continue selling the drugs. Also, they have decided only to require ignition interlocks on some cars. But people who have not yet gotten convicted of a DUI do not generally have an ignition interlock installed because they are not required to have one. If David Baker wants to make a real change in DUI death, injury, damage and arrest statistics, he needs to start getting interlocks voluntarily installed in young people's cars at a reasonable cost. But I have to give him credit for telling others how rotten it is to get charged with a DUI. That's a really classy move for a guy who could just go out and play golf.

Virginia Beach DUI Enforcement Officer convicted of DUI, Hit and Run (UPDATE)

2009-09-21T21:31:00.002-04:00

This amazing story has already been covered in the VA DUI Defense Newsletter. Officer Bryan Womble, a DUI specialist with the Virginia Beach Police Selective Enforcement Team has had his day in court. He was found guilty on both counts and has appealed.

Officer Womble was understandably upset, and it has been reported that he was brought to tears as he recounted his misadventures under the influence. According to witnesses, Womble smashed another vehicle, then backed up, was said to have looked at the other driver and uttered a profane exclamation, after which he took off.

The arresting officer was Womble's own supervisor, Sgt. Scott Wichtendahl. He testified that as he drove his suspect to take the breath test, Womble stated "I’m guilty, I just want to get this over with", and later blew a 0.15% BAC. This explains why he got a sentence of five days, which is a mandatory minimum sentence at 0.15% BAC. I feel sorry for Womble and I hope he keeps working in the DUI field - but this time as an expert witness.

Latest Shock in DUI News: Alexandria Chief of Police David P. Baker Charged with Drunk Driving

2009-07-27T09:54:00.009-04:00

OK, it's really not that much of a shock. The bottom line is that another law enforcement officer has been arrested for drunk driving. This time it was Alexandria, Virginia's Chief of Police. According to the Times Dispatch, David P. Baker was charged late Saturday night. What makes it worse is that he was driving an unmarked city vehicle. What makes it much worse is that he allegedly blew a 0.19 BAC.

This is truly a sad story. What has happened stands to destroy a 40 year career in law enforcement. The chief's facing a mandatory minimum five day jail sentence, which we can be certain he will not enjoy. In addition to the incarceration, the Chief now faces a mandatory 12 month license suspension. To make matters worse, the license suspension comes with a special feature.

In Virginia, any driver who gives a breath or blood sample that tests at 0.15 or above will be required to install an ignition interlock device on *any* car he drives. I think this gadget is very clever. It won't let you start the car if you are drunk. Pretty effective! But how will this affect the Chief? Will the city let him put an ignition interlock device on a police car?

I think we can expect to see a retirement announcement pretty soon. That is really unfortunate. I know from my training as a DUI defense attorney that the breath testing machines are not that accurate. What if the chief was really sober? Unfortunately, police are pretty well married to the myth of breath testing for alcohol. For one of their own leaders to sit in court and expose the fallacies and innacuracies of breath testing would be most unusual.

DUI Enforcement Blitz Planned for Virginia's Motorists This Weekend

2009-06-30T23:01:00.005-04:00

There's no better way to celebrate freedom than getting stopped and made to show your travelling papers. Russia 1984? Nope. Virginia, this coming weekend. That's right friends. Independence day will be celebrated this week with police checkpoints all across our beautiful state.

According to this article on the Roanoke Times' website, the Virginia State Police are planning an "aggressive enforcement blitz" featuring "concentrated DUI enforcement operations" during a "Checkpoint Strikeforce campaign." Whoa, that's a lot of testosterone in one little sentence! But sure enough, you can count on seeing your good friends the state troopers this weekend.

Unfortunately these aggressive enforcement blitz concentrated DUI enforcement operation Checkpoint Strikeforce campaigns will do little to enhance your safety. Studies have shown that practically all of the drivers stopped and inconvenienced are in fact innocent of all crimes. But big brother can never be too sure, can he?

If you are lucky enough to be sober while the police lean into your window to demand your papers and assess your condition, feel free to let them know that you appreciate their hard work in furtherance of this great nation and the principles for which we stand. The irony will completely escape them and they will believe that you are serious and that they are actually standing up for the bill of rights. Wrong.

UPDATE: NOW WITH PHOTOS! When all Else Fails During a DUI Stop, Flash the Cop

2009-06-21T18:56:00.008-04:00

You may remember that I posted on Tina Lopez, who allegedly gave the arresting officer an eyeful during a DUI stop back in April. Well I got an e-mail today from a person claiming to be Tina! Thanks to her lucky fiancee, we now have gotten permission to post her photo (albeit without her fabulous 1000 watt smile :-(

Assuming that it is her, the details are thrilling. I have no way to verify that this is the same person in the news story, but I believe it to be her. There's a twist to the story and I am the first and only blogger in the world with first hand details. As I stated in the previous article, I personally didn't think her actions were all that unacceptable. I know that I wouldn't have felt like any kind of victim if I'd been subjected to her semi-disrobed presentation.

Well guess what y'all! According to my e-mail, they tried to make Tina go to rehab and she said know, know, know, your Honor, that I take full responsibility for making this mistake, and I am taking every step to rehabilitate myself. Or she probably said something like that. She had a good lawyer that got most of the charges dropped. Ms. Lopez was very remorseful about the mistake she made, has finished almost all of her sentence, and it turns out that there is a lurid twist to the story - AND a hot photo of the alleged perpetrator has confirmed that she is totally cougariffic cop-bait!!!

It seems that Ms. Lopez had been winning at the casino when an unknown lady asked for a ride because her friends had left her there. Ms. Lopez agreed and they stopped to grab a beverage on the way home. When she started feeling dizzy, Ms. Lopez stopped the car. Turned out the passenger was a wanted fugitive from Texas with a purse full of pills. Did some of those pills unknowingly find their way into Tina's beverage? We can only speculate, because the breath test doesn't capture anything but alcohol. Did the fugitive want to drug and rob Tina of her lucky winnings? One can only speculate, and stranger things happen in FL every day.

Obviously a person who has unknowingly been drugged is not in a fair position to defend themselves against a DUI charge. Tina felt bad about possibly having exercised very poor judgment in giving a ride to this stranger. But in the grand scheme, it seems that being a good samaritan is not as bad as knowingly and intentionally going out on the roads in an intoxicated state. Ms. Lopez was good enough to send a photo, and I cannot understand why she was charged. After seeing her and corresponding with her, My wife and I took a vote and it was unanimous: she is intelligent, funny, and hot! Not bimbo hot; fabulous hot. Judge for yourself!

If I was that cop I would have fallen prey to the Jedi Mind Trick and simply stared at the exposed breasts until Ms. Lopez sobered up and turned off the tractor beam by putting her halter top back on. But not only was he dedicated enough to ignore the allure of her chest ornaments, he didn't even give her a hard time like the guys on TV. Hey, if you have to be charged with a crime, it's nice when the cop is kind, sympathetic, and professional (trust me, I know). If any of you are considering flashing the cops during a traffic stop, please be good enough to capture it on video and send it to me for posting. That way we can find out whether it ever works, or fails every time. Just kidding, but seriously if you have cop flashing video, send it.

Does this guy look happy about the way people are treated under current DUI laws?

2009-06-21T01:06:00.006-04:00

Meet Virginia Beach Master Police Officer Bryan K. Womble, 36. He might look familiar if you have ever been arrested for DUI in VA Beach. He is a member of the Police Department's eight man Selective Enforcement team, which specializes in DUI. He's also the officer who arrested retired NFL star Bruce Smith last month on a charge of drunken driving.

I am looking at this mug shot and I want to feel sorry for the subject. But it's hard. You see, he's been going around lecturing people about the dangers of drunk driving. According to an article in Pilot online, "Womble... was one of two Beach officers to be flown aboard the carrier Theodore Roosevelt last year to teach sailors the dangers of drunken driving." Guess whose tax dollars paid for that adventure.

Now he's been arrested for driving under the influence. This is a familiar pattern. Cops get arrested for DUI quite frequently. Especially if they have been recognized for DUI arrests by their bosses or the hysterical buttinskies at MADD. No word on a BAC yet. Did he refuse? One would hope so, but he could have been a stone cold sober victim of faulty police tests that wrongfully labelled him as a drunk. Only time will tell. Good luck Bryan.

If Bryan asked my opinion (he didn't), I'd recommend calling Mike Tillotsen on Monday morning. I'd suggest asking him to provide representation in a very short-notice administrative license suspension hearing, cross examining the arresting officer while a court reporter captures every word.

UPDATE: Womble has already retained counsel. Attorney Larry Slipow is on the job, and hopefully he will get the best results for officer Womble. Best of luck Larry and Bryan!

Convicted of DUI in VA as a Teen, He Violates Probation by Picking up 3rd DUI Charge in Florida

2009-06-06T14:48:00.004-04:00

Meet Arkee Hall, depicted above in this screenshot from myfoxdc.com. Unfortunately the website reports that this fellow has allegedly just been charged with his third DUI after a juvenile DUI that allegedly resulted in a fatality here in Virginia.

I have mixed feelings about this young man's situation. On the one hand there is a natural instinct to blame someone in this situation. One the other, one has to wonder why he wasn't monitored more closely. Why was he not required to drive - every day to the probation officer to certify that he had an ignition interlock?

People who get suspended generally have something in common. They all drive anyway. Why not assure that their cars have a device that ensures no further DUIs? Perhaps Arkee will hire a decent DUI defense specialist who will be able to maximize his chances of acquittal. Perhaps he will be acquitted. Perhaps he is in fact innocent of the latest DUI charges. But one thing is for certain: a system that puts drunk drivers back on the streets over and over cannot possibly be a more effective system than one that requires ignition interlocks on all cars.

California Cop Facing Second DUI Charge Within Six Months

2009-06-01T12:33:00.003-04:00

Meet Hector Ortiz. He's a detective from the Merced, CA Police Department. I wonder whether he is really intelligent enough to be a detective. Not because of the DUI. That's a substance abuse issue rather than a matter of intelligence. Lots of cops are alcoholics, smokers, and, yes, drug addicts.

But Ortiz doesn't seem to learn when it comes to giving a breath sample. Back in January he was cited for DUI and gave a breath sample that registered 0.14 - almost double the legal limit. He was convicted for that DUI, fined $1,750, sentenced to 36 months informal probation, and required to complete a program for DUI offenders.

Last week he was arrested again for DUI. Incredibly, he gave a breath sample again. Most cops, prosecutors, judges and politicians who are arrested for DUI refuse to give a breath sample. They know that the "magical box" known as the breath alcohol testing machine will spit out a number that may or may not be good for them. That number may or may not be accurate, but it can certainly get you convicted and locked up in jail. But without a number, it can be very hard for the prosecution to even show probable cause for an arrest.

Brave Drug Warrior Defects; Charged with DUI

2009-05-29T21:24:00.001-04:00

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

2009-05-29T19:15:00.001-04:00

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.

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

2009-05-17T17:23:00.005-04:00

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.

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

2009-05-12T07:45:00.004-04:00

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

2009-05-12T07:20:00.002-04:00

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.

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

2009-05-04T20:53:00.004-04:00

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.

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

2009-04-27T11:19:00.006-04:00

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

2009-04-25T23:39:00.003-04:00

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

2009-04-20T16:12:00.004-04:00

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.

2009-04-19T20:45:00.007-04:00

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

2009-04-15T12:39:00.004-04:00

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

2009-04-14T22:02:00.004-04:00

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

2009-04-13T12:46:00.003-04:00

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!

2009-04-03T16:17:00.014-04:00

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!

2009-04-02T21:18:00.002-04:00

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?

Cop Retires, Gets Fancy Reporter Job, Drives Drunk into Police Horse...

2009-03-31T22:35:00.003-04:00

It is truly amazing how many different ways there are to get a DUI. Just ask TV Newsman Mike Sheehan. He recently got charged with DWI according to this article in the NYDailyNews.com website. To the left is an actual screen shot of the website that shows his vehicle and his official Fox photo.

Mike should know something about the dangers of drunk driving, because he's an ex-cop! As a former NYPD detective, he must have many stories of collaring nefarious perps. But unfortunately ex-detective Sheehan found himself on the wrong side of the law recently.

Apparently he ran into a police horse, injuring the officer and damaging his own vehicle. That is a real shame when innocent animals get hurt. I certainly don't approve of DUI's that hurt animals (or anyone, for that matter). I wonder what type of discussion took place after the accident. I'm pretty confident that Sheehan identified himself as ex-NYPD.

A lot of cops might have skipped the DUI investigation as a courtesy to a former copper. But hey, when you hurt a man's horse or dog, you gotta expect retribution, whether it's the wild wild west or the upper-west side. By the way, Sheehan's lawyer is blaming the horse. Seriously. The horse.

Just When you Thought it was Safe to be Drunk on a Barstool...

2009-03-31T15:42:00.009-04:00

Driving under the Influence is a fascinating subject. No matter how hard our legislators try to define the acts that are illegal and merit punishment, there is always a guy who wants to figure out a new way to test the limits. Kile Wygle, for example has constructed a magnificent new contraption consisting of a bar stool that is motorized by a lawn mower engine.

Unfortunately, he recently fell off his bar stool, apparently while driving it around his Ohio neighborhood. Sadly, this is also an example of someone talking himself into a DUI. According to the police report, Kile made a number of statements to the police officer investigating the crash, stating that he had been driving the stool, that he had not consumed any drinks since the accident, and stating that he had consumed approximately 15 beers before wrecking the bar stool.

This story emphasizes a classic lesson for anyone who is ever questioned by the police. Don't say anything. Show them your identification and don't say another word. Without Mr. Wygle's admissions, it might be very difficult for the prosecution to prove that he was the driver, that he had been drinking, or that any subsequent BAC wasn't tainted by post-driving consumption of alcohol. I once had a client who I helped get off a DUI charge after he ran his truck into a ditch. According to the officer, he was too intoxicated to answer questions about when the accident took place or whether he drank more after the wreck.

Would this act of buzzed barstoolery count as a DUI in Virginia? Probably. The General Assembly has been tightening loopholes in the DUI statutes for decades. Until 2005, a moped was not considered a motor vehicle and could not support a DUI. But the Virginia Statute on Drunk Driving specifically includes motor vehicles, defined as "every vehicle as defined in this section that is self-propelled or designed for self-propulsion except as otherwise provided in this title", and it specifically excludes "any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped shall be deemed not to be a motor vehicle." Note: yes mopeds are included, but that is specific to the definition of DUI in §18.2-266.

We then must determine whether this contraption is a "bicycle, electric personal assistive mobility device," or an "electric power-assisted bicycle". Bicycle is defined as "propelled solely by human power", so that is out. I wonder if it would count if a human used a hand crank to charge a battery while sober, and then... nah - maybe in California, but not in Virginia. What about an "electric personal assistive mobility device"? Nope - this is electrically powered, and from the "self-balancing two-nontandem-wheeled device" language, I'm pretty sure they're talking about a Segway.

Would it be legal to operate a Segway while under the influence? I recommend you not try, and it is specifically re-defined as a "vehicle" (not a "motor vehicle", mind you), when operated on a public highway. I would imagine this includes crossing the street. Don't tempt the Virginia Court of Appeals. Then there is the "electric power-assisted bicycle". Sadly, the barstool fails here as well, for lack of pedals and an electric motor, not to mention the troublesome fourth wheel. It seems then that Virginia is just as adept at statutory inclusion of unusual vehicles as Ohio. Best of luck to Kile - maybe you should construct your next vehicle with the Ohio statutes in mind?

Another Cop Busted for DUI!!!

2009-03-28T16:24:00.008-04:00

Probably no big shock here, but the government's plan to use police to stop Drunk Driving has backfired. This time it was 3 year veteran of the Chatanooga Tennessee Police, Josh Turner, who ran into a pole in his 2004 Mercedes. I wonder if he bought the Mercedes with overtime pay earned prosecuting DUI cases. Officer Turner's actions resulted in the pole falling and hitting the windshield of another vehicle. Fortunately there are no injuries that have been reported as a result. This serves as another great example of why the DUI laws constantly fail: they are meant to fail.

If the people we are counting on to stop drunk driving are getting DUI's, how can the system ever work? The secret key to this mystery is the nature of alcohol. Many people overlook the fact that alcohol is a drug. When used in the intended manner, it causes reduced judgment. People feel sober and believe they will be able to make it home safely. They also feel that even if they are close to the limit, they will drive well enough not to get caught.

This problem can easily be solved by a little machine that attaches to the ignition and ensures that the driver is sober before the car can be started. Why don't the manufacturers put them on every new car and stamp out DUI? Is it because they enjoy the profit from selling a new car every time an old car gets wrecked in a DUI?

Virginia DUI Attorney Bob Battle Discovers Accuracy Problem in VA DUI Breathalyzer

2009-03-28T13:39:00.004-04:00

Richmond Virginia DUI attorney Bob Battle recently won a case before it even went to trial. Battle was prepared to have an expert witness hook an oscilloscope up to the DUI breath analysis machine and find out what really takes place. But according to this article, "Manufacturer CMI Inc. has refused to disclose the source code that would allow an independent analysis of the device."

Apparently, the source code or basic software program that runs the machine is too secret for even the defendants who are charged with DUI to examine. This makes little sense. If you have a Sixth Amendment right to cross examine witnesses, shouldn't you have the right to find out what instructions are running the machine that is trying to put you in jail?

We have all lived with modern machinery and computers long enought to know that they are not infallible. For example, the breathalyzer will give a falsely high reading for a driver who has a fever. The same is true for a driver with a low partition ratio that does not conform to the machine's 2100:1 "standard" ratio assumption.

How can you get a fair trial in Virginia on a DUI charge? The only way to beat a DUI charge if you have been falsely accused is to hire a top tier DUI lawyer who has the skill and experience to demand that your rights be observed. I recommend Bob Battle to drivers charged with DUI in the Richmond area. If you have been charged without strong evidence and need help to get off a DUI charge, make sure your DUI attorney is one of the best.

Your DUI Situation Can't be as Bad as This: She got 3 DUIs in 3 Days!

2009-03-26T23:35:00.005-04:00

Meet Jo A. Trilling. She looks like a kindly grandmother type. But unfortunately she has recently been the subject of three DUI charges in three days. This article alleges that while on vacation is Wisconsin, she was the subject of three DUI charges in 72 hours. Two of those resulted in BAC readings of .21 and .16. These would constitute aggravated DUI charges in VA. Luckily, she was not in Virginia, where a 3rd DUI can be charged as a felony.

Apparently the police at one point found her in her car with a box of Black Fox wine. I have never had Black Fox wine, but usually the kind of wine that one finds in boxes is pretty cheap. And cheap wine can make for a brutal hangover. I'm sure that hangover wasn't as bad as the 30 days in jail that Ms. Trilling was apparently serving as a result of her charges. I hope she doesn't get caught again, but if she is the registered owner of a car without an ignition interlock, we can thank the alcohol industry (including the government).

Bus Driver Arrested for DUI Blows 0.24% BAC... While on Duty!

2009-03-23T22:00:00.008-04:00

Meet Alonzo V. Martin. This unfortunate gentleman had the distinction to be selected as a full-time bus driver in the Twin Cities area of Minnesota in February of this year. Sadly, that will probably be the pinnacle of Alonzo's bus driving career. According to this article, he blew a 0.24% BAC - and the limit for DUI is 0.8% for most drivers, but only 0.4% for commercial drivers. When you blow six times the limit, things are likely to go poorly in court.

Obviously drunk driving is dangerous and must be discouraged. But when the driver is responsible for the transportation of an entire bus full of passengers, it takes on a whole new level of risk. Not to mention the added danger posed by a vehicle of that size.

Mr. Martin looks very disappointed in this picture. Hopefully he will be able to walk away from this experience with the benefit of a good lesson. On the other hand, maybe he's innocent and an aggressive DUI lawyer will prove that the breath analysis isn't accurate. After, all, it is quite possible for a sober person who has recently rinsed with mouthwash to provide a very high BAC sample without being drunk at all.

But that is unlikely, and following proper police procedures will generally rule out the mouthwash defense. I'm thankful that nobody was injured or killed in this DUI case. I'd like to know what it would cost to equip every bus with an ignition interlock device. Maybe MADD would use some of their millions in funding to actually prevent a DUI rather than advocating ever harsher punishments for the unfortunate few that are caught.

Latest Cop Busted for DUI: Yakima Washington's Tarin Miller

2009-03-21T11:25:00.002-04:00

Well folks, it looks like it's happened again. Everybody knows that alcohol is a drug. And when it comes to the distribution of narcotics, no cartel in the world can compare to the United States Government and it's political subdivisions, the states. Billions in revenue are derived by these governments through the sale of alcohol, the most pervasive substance of abuse in the Western World.

It's ironic that the states sell this drug, and then expect that people who use their product as intended will make good decisions. Officer Tarin Miller allegedly blew a BAC over 0.16% alcohol, which is more than twice the legal limit! Why do law enforcement officers keep getting arrested for DUI? Don't they get exposure to the constant barrage of warnings against drinking and driving? Don't they hear the alcohol manufacturer's warnings to "drink responsibly"?

Wait a minute. How can you drink responsibly? When people drink, their inhibitions and judgment are reduced. Can people abuse recreational substances responsibly? Or is this just a false plea from the dealers who really don't care whether you are responsible, as long as you keep drinking and they keep profiting? The truth is that cops are just like the rest of us. Nobody wants to drive drunk. But the government keeps selling us recreational drugs and allowing the manufacturers to advertise these substances on our airwaves.

I hope the allegations are somehow false and Tarin Miller is actually innocent. Perhaps a good DUI lawyer can keep her out of jail. But on the other hand, one has to wonder why the state of Washington allows people to drive cars without ignition interlocks. If nobody could drive drunk, there would be no DUIs, no injuries, no deaths, and tremendous tax savings from the reduced need for police resources. Could it be that the state actually wants continued DUI problems in order to keep selling more alcohol to drivers, to keep employing more police, and to keep getting more DUI fines? Hmmmm.

Newsflash: Catching a Buzz with Friends now Believed to be Healthy

2009-03-19T19:26:00.003-04:00

"Having a supportive social network enhances the health benefits of having a few drinks, new research from Japan suggests." That is the conclusion of a Reuters article posted on MSNBC today. Apparently the use of recreation substances may not actually be all bad. And enjoying a buzz with friends (what many people would call a party) is apparently even better because it encourages the healthy activity of drinking alcohol!

Light to moderate drinking has been noted as a beneficial activity that helps stroke and heart disease by the journal Alcoholism: Clinical and Experimental Research. Of course, these findings do not extend to heavy drinking, which is generally considered unhealthy. And it is never a good idea to drive drunk, although most people are able to have a drink or two and still be able to drive home safely.

Food for thought, especially in the context of the agenda that many do-gooding buttinsky's advocate. Some people would criminalize those who drive home with even a minimal blood alcohol content. What they need to keep in mind is that most adult drinkers who are below today's 0.08% BAC limit are not causing them any undue risk, but retain the ability to drive cautiously.

Update – DUI Judge Hit State Trooper, Spewed Racial Epithets, Claimed She Hadn’t Been Drinking, and Blew a 0.17 BAC; Gets 8 Month Slap on the Wrist

2009-02-26T15:59:00.003-05:00

According to this article, allegedly sauce-saturated Judge Curtissa Cofield spewed racist belligerence at police in Connecticut upon being arrested for DUI, but she walked away with a mere 8-month suspension issued by the Connecticut Judicial Review Committee (JRC). This is quite a break, considering her BAC was more than twice the legal limit, not to mention that she allegedly verbally harassed the officers who apprehended her and threatened their careers.

Incredibly, the JRC seemed to overlook the fact that she had claimed not to have been drinking any alcohol at the police station, then testified under oath that she had consumed only two drinks (this before blowing a 0.17% BAC), and then retreated from that claim stating that she didn’t “have an accurate recollection.” It is insulting to lie to someone’s face, and Judge Cofield seems to be all over the map as far as how much she had to drink that night. What value do we place on truthfulness among the members of the judiciary?

During her 8-month suspension, Judge Cofield will have ample time to ponder the reasons why she was cut such a break. A lot of people believe that any individual other than an African-American judge would have been convicted of DUI, served five days in jail, and would have been treated much less respectfully and courteously than Judge Cofield. A white judge never would have gotten away with the racially-disparaging comments Cofield made. The result certainly would have been removal from the bench and possibly disbarment. Most individuals other than judges, however, don’t realize the basic fact underlying this case: DUI cases can be won, especially by those with connections or the funds to mount a full and effective defense.

You can Beat the Ignition Interlock... Meet the Rental Car Booze-Bandit

2009-02-17T12:23:00.004-05:00

According to this article, what seemed like a way around the interlock system proved to be a way into a telephone pole. A man from Long Island with a history of intoxicated driving attempted to beat the system, only to wind up in more trouble than before. Marvin Rice, Jr. had rented a brand new Volkswagen Jetta, allegedly to avoid driving his own vehicle, which is equipped with a court-mandated Interlock breathalyzer system.

It seems as if the gentleman had a few cocktails and decided to take the wheel. Some have suggested that Mr Rice, realizing his own vehicle would not offer such opportunities, decided to use an alternative mode of transportation. Upon acquiring the Jetta, the 27 year-old embarked upon a journey that landed him first in the hospital, then in jail. To be totally fair, Mr. Rice's brother went on record in a subsequent article and said that Marvin had been forced to rent the car because his own vehicle had been wrecked in a snow related crash - not just to avoid his car's ignition interlock.

At around 6 a.m. on February 15, the allegedly intoxicated driver smashed the rented vehicle into a telephone pole, breaking both of his legs as well as his pelvis, and totaling the brand-new car. Upon being cut out of the mangled car, police issued a DWI, and the gentleman was airlifted to the hospital. Giving Marvin the benefit of the doubt, he might have been innocent of the charges, and has not yet been tried. I'd like to know exactly what evidence they have on the DUI charge. Did they draw blood at the hospital? Or are they relying on a cheap handheld breathalyzer?

Will we start seeing some changes in the application/approval process for renting vehicles? Certainly the rental car companies would fight this - they want to rent as many cars as possible. Insurance will cover the damages when a drunk totals the car. How about putting ignition interlocks in all cars? Wouldn't we all be better off if nobody could drive drunk?

MADD would fight that tooth and nail. Their model of dealing with the problem is guaranteed to fail - and it is intended to fail. MADD takes a fascist approach - they want to punish people who drive drunk to teach them a lesson and to provide an example to the rest of society: see what happens when you drive drunk?!

If their approach worked, people would "learn their lesson". DUI defendants would feel the pain of their penalties and never drive drunk again. The rest of society would see them get punished and realize that they will get caught if they drive drunk and the penalties will be steep. Of course, this is circular logic: people won't drive drunk because they will know penalties are steep because they will see the punishment of the people who drive drunk. MADD's model of stopping drunk driving depends on continued drunk driving. It doesn't work because it is not meant to work. It makes the laughable assumption that people under the influence of alcohol are going to make a good decision about taking the wheel!

Whenever you see a model of government action that does not work, you can always figure out why by following the money. MADD is the only organization in America that tries to set policy on DUI laws. They have a practical monopoly. In order to keep getting contributions and paying themselves massive salaries, they have to have people continue to get caught driving drunk. They have to have people getting injured or killed so that the sympathy is generated that brings in continued donations.

But don't take my word for it. Call MADD yourself and explain that you like to take advantage of your legal right to enjoy alcohol and ask them to provide you with an ignition interlock for your car so that you can make the right decision every time. They have millions of dollars, and they supposedly want to stop drunk driving, so it should be no problem, right? Wrong. They will say no. They would rather spend their money ratcheting up the penalties for those who involuntarily keep them in business (people who have been caught driving drunk) after the damage has already been done.

Are Interlock Systems Effective... or Just a Band-Aid Applied too Late?

2009-02-12T06:50:00.000-05:00

According to this article, two residents from the Hampton-Roads region were on a walk one morning when they made an interesting discovery. A gentleman had stopped his vehicle at a traffic light, and as the light turned green, remained stopped. The witnesses approached the vehicle to find a man passed out behind the wheel, vehicle running and foot on the break. They woke the driver up, and he stammered out of the vehicle in an agitated fashion. A third bystander had witnessed the event, and had contacted local authorities. The driver, upon realizing the situation, reentered the driver’s seat and sped off, police in pursuit.

Delegate Sal Iaquinto, a Republican from Hampton Roads, views ignition interlock systems as a measure of prevention of these events. That's true, but only for the small fraction of DUI motorists who have already been caught. The interlock is a device which measures the driver’s blood-alcohol content, and is installed in a vehicle. In order to start the vehicle they must blow into the machine, and if it registers above 0.02, the vehicle will not start.

In order to avoid false-starts, the machine requires frequent retests while driving. Virginia currently is one of 10 states that implement this tactic for both repeat DUI offenders and those convicted with high BAC levels. Eight states currently mandate the system for all DUIs. The problem with the system is that it is rather costly, about $65 to install and $65 a month for calibration. This comes to $455 for six months, and $910 if the offender owns two vehicles.

However, there are numbers to support the theory that the system does save lives. New Mexico, for example, saw a 60% decrease in repeat offense rates when offenders were required to install the interlock system. So why not install interlock systems on all vehicles and take care of the problem before it occurs? Representatives for MADD, which relies on legal fascisim to solve this public health problem, apparently feels that this idea is good in theory, but that the devices are "amazingly inconvenient". Is that because universal installation would put them out of business?

Richmond Man Runs Truck Into Ambulance Building in Alleged DUI

2009-02-09T18:59:00.000-05:00

If you have to wreck your vehicle while driving drunk, there are worse places to do it. According to this article, a Richmond resident slammed his vehicle into the Richmond Ambulance Authority Building while driving under the influence. Police report the gentleman went through an intersection, across the building’s parking lot, and smashed into the side of the building. The event happened at around 2 a.m. on January 29.

Once stopped halfway into the building, the driver then proceeded to exit his truck and attempted to escape on foot. He was soon apprehended, and had suffered a few scrapes and bruises. He is expected to make a full recovery. The building, as well as his truck, however, suffered extensive damages. An estimate was not offered regarding the damages to either the building or the truck, and no comment was made by the driver.

This is a prime example of how to make a bad situation much worse. Someone who is too inebriated to avoid a building in a vehicle is clearly in no position to attempt to elude officers on foot. This simply gives the officers incentive to use force to apprehend the suspect, and tacks more charges onto driving under the influence. He should have just moved into the passenger seat and refused to answer any questions when the police arrived. If they can’t prove you were driving, they can’t convict you of DUI.

Virginia Sheriff's Deputy Charged with DUI... and Refusal

2009-02-06T10:00:00.000-05:00

According to this news report, Lt. Jonathan Matthew Lowe, 36 was charged with DUI and refusal after a single car accident. He was told to provide a breath sample so the prosecution could use it against him. Like almost every judge, cop, prosecutor and politician who is charged with DUI, he refused. According to his boss, Sheriff H.S. Caudill, "He knew better."

Once again, a law enforcement officer has provided the rest of Virginia's motorist's with a very good lesson: don't ever provide a breath sample during a DUI investigation unless you know you are sober. The refusal charge may or may not result in a conviction - often it is dropped if there is a guilty plea to the DUI charge.

But a driver who submits a 0.15% BAC sample or above is virtually guaranteed to spend at least five days in jail under the Virginia mandatory minimum law for aggravated DUI. Lt. Lowe was just exercising good judgment when he refused the breathalyzer. He must know that jail is a waste of time, and he also knows that his boss would have been even more unhappy with an aggravated DUI charge against one of his deputies.

No driver ever has any idea what will register in the breathalyzer machine. Why take the chance on getting an aggravated DUI charge when there is no need? Follow Lt. Lowe's example and refuse. At least you won't be looking at a mandatory minimum jail sentence.

Hypocritical Tyrant or Drunken Bigot? You be the Judge...

2009-01-27T13:14:00.001-05:00

Meet Curtissa Cofield. She is cited as Connecticut's first black female judge in this article from the Hartford Courant, although no other qualifications for the job are mentioned. If being a black female is in fact her only qualification for service as a judge, that might explain a lot about her behavior on October 9th of last year.

It all started with a traffic accident. Somehow her honor allegedly failed to notice a parked police cruiser in a construction zone, and sideswiped his vehicle. This caused damage to both vehicles as well as injury to the officer. If this is starting to sound like the kind of dangerous driving behavior that judges normally lecture defendants about from their lofty perches atop the bench, wait 'til you get a load of her subsequent misconduct.

According to the article, Judge Cofield then distinguished herself even further by acting like a drunken lout at the police station. For starters, she referred to African-American State Police Sgt. Dwight Washington as a "nigger", and started addressing him as "Mr. Negro Washington" and "negro trooper." All the while, Curtissa was complaining that she was being treated "like a negro from the hood." Hmm... I guess she must think that when white folks sideswipe a parked police car in a construction zone and then blow a 0.17% BAC, they just get a ride home and a pat on the back. Her comments make one wonder how she customarily treats a real "negro from the hood" in her courtroom.

Sgt. Washington should have known that he was dealing with a sharp minded lawyer/judge who would beat the rap. Judge Cofield even gave him clues as to her legal brilliance, stating "...it comes down to the bottom line, who's smarter — me or you? We'll figure it out, won't we?" Despite her claim of higher intelligence, she was stupid enough to provide a urine sample which revealed her to be way, way, way over the limit for DUI (most judges are smart enough to "just say no"). She then let him know that she had no fear of any legal repercussions, stating "...we'll see what they say in court, won't we, Mr. Washington?" Strangely enough, she was right! Judge William Bright Jr. of Manchester admitted Curtissa to an alcohol education program above the objection of the trooper whose vehicle she hit.

If she completes the program, the charges will be dismissed. According to news reports, Trooper Michael Kowal suffered neck and back injuries as a result of the accident. Judge Bright did not hear anything about her behavior at the station when he heard the case on November 24th. He only briefly referred to it in passing on December 8th when he accepted her application for the alcohol education program. Apparently, he wasn't interested in the details.

Huh, that's kinda funny. Judges usually want to hear all about the details when a defendant fails to act polite and cooperative during a traffic stop or arrest. It almost makes you wonder if this judge wasn't getting special treatment. Of course, her troubles aren't quite over yet. According to Rep. Michael Lawlor, D-East Haven, co-chairman of the Legislative Judicial Committee, Judge Cofield now faces a hearing before the Connecticut Judicial Review Council. She is currently facing five charges of violating the judicial canons of conduct.

Incredibly, these charges do not include making a false official statement to the police as part of their investigation. Judge Cofield apparently lied when she stated "I had no alcohol to drink, Mr. Washington." Gosh, that sure is strange. Because over three hours after the accident, Curtissa submitted a urine sample that was over twice the maximum legal limit for DUI. How did all that alcohol get into her bloodstream if she wasn't drinking? Was she partaking in alcohol enemas? Well, she did also state "I'm a crack addict", and who knows what these crackheads will do to get a buzz.

The bottom line: Judge Cofield blamed illness for her behavior - she stated that she was suffering from "negro-itis". This was after telling the Trooper "I'm humiliated by your fucking attitude." His attitude? Sounds her honor (or her dishonor) might need some time in prison to figure out why people are disgusted with the attitude of some judges who act as if they are above the law while constantly dumping on those who are unfortunate enough to appear before them.

From the videotape and behavior reported in the latest articles, it sounds like Curtissa Cofield might be a disgrace to the judiciary, a liar, a boorish lush, an unqualified race-baiting product of "reverse" discrimination, and a good example of why DUI laws are meant to fail. Feel free to write Rep. Lawler at MLawlor99@juno.com and share your opinion as to the appropriate sentence for Curtissa Cofield. You be the judge - because it sounds like she isn't fit for the job.

Another Prosecutor Refuses to Provide a Breath Sample

2009-01-25T21:55:00.000-05:00

Meet Hamilton County, Ohio prosecutor James Schaefer. Or as he's known during his service in the reserves, Lieutenant Colonel Schaefer. This guy knows something about prosecuting DUI cases. He's spent 14 years prosecuting cases, and his specialty is drug courts. That's kind of ironic isn't it? A guy who makes his living pointing the finger at people because of recreational substance abuse winds up on the wrong side of the law for making a bad decision after enjoying America's favorite recreational substance of abuse... alcohol.

But make no mistake, Schaefer has learned from his many years prosecuting cases. He refused to provide a breath sample when arrested for DUI. That might have had something to do with the sweet plea deal he got. Two counts of child endangering were dropped even though both of his children were riding with him. And a charge of driving the wrong way down a one way street was also dismissed. He didn't get any jail time, and he might even be able to keep his job. If he does get fired, I hope he takes up the cause of his fellow sinners and starts doing defense work for those who find themselves buzzed and busted. He might be happier just quitting and using his talents to help people who find themselves in the same situation instead of hurting them. He might feel a lot better about what he does every day. I know I love defense work, and I no longer feel like a fascist applying the government's overwhelming power against my fellow man.

What do these cases say about our society's war on drugs or the campaign against drunk driving? Why not just end DUI forever by installing ignition interlocks on all cars? I don't know whether this prosecutor was guilty or not, but I do know that he did what most prosecutors, cops, judges, and legislators do when arrested for DUI. They refuse to blow. Do they know something the rest of America doesn't? Good luck LTC Schaefer - your service to America should count for something and earn you a break. How about giving one to others?

Massive Government Conspiracy to Drive Drunk? Or just more DUI Judges, Cops, and Lawmakers...

2009-01-24T14:40:00.003-05:00

Wow. This weekend I have compiled a tremendous list of examples that show why DUI laws do not and cannot work. We have a list of distinguished judges, police officers, and elected or appointed officials with a few prosecutors thrown in for good measure. This is Susan Hamilton. She is the commissioner of the "troubled" DCF, Connecticut's "beleaguered child welfare department". I have no idea whether she is good at her job or whether she is stuck with a rotten bureaucracy. But one thing is for sure - she is really good at apologizing!

In an letter to the governor, she stated "It is with overwhelming remorse and embarrassment that I must inform you that I was arrested last evening in my personal vehicle at approximately 7:00 pm for driving under the influence. My behavior was inexcusable, and I deeply regret and apologize for violating your trust and faith in me. My actions reflect poorly on your office, the Department of Children and Families, my family and on me personally and professionally, and there are no words to express how truly sorry I am.... As you know, I have never had any prior arrests or engaged in any criminal behavior in the past, and I promise you and the citizens of this state that I will take all necessary steps to prevent this from ever happening again. Please know that the guilt and shame I feel will not dissipate, and I will do everything I can to rebuild your trust in me."

She has never engaged in any criminal behavior in the past? Or has she just never gotten caught? She looks like a nice lady in this photo from the official state website. I hope she keeps in mind that she is working for the largest conspiracy to distribute recreational narcotics in the state - the state government which controls and profits from all alcohol sales.

Now let's turn to former prosecutor Lydia Wardell, who escaped a "mandatory" jail sentence this week. Instead of serving the statutory 10 day jail sentence in an actual jail, Ms. Wardell will spend some time in an inpatient treatment program. Her admission to the treatment program is thanks to judge Lawrence Lefler exercising his discretion to count such treatment in lieu of jail time. She refused to provide a blood sample.

Apparently Ms. Wardell is pretty familiar with the law on DUI. How? Well for starters, this ain't her first ride on the merry-go-round. In 2005, she was convicted of DUI after being caught driving drunk with her two children in the car, aged 3 and 6. She blew a 0.23 that time - looks like she learned from that mistake that you should never give the police a breath or blood sample. Somehow she didn't get any jail time for that offense either, serving 18 months of probation instead of real jail time. But her knowledge of DUI law is not just a result of her numerous drunk driving busts. According to news reports, "she was known for her aggressive prosecution of DUI and other cases as a misdemeanor court supervisor for the Pinellas-Pasco State Attorney's Office". A tough prosecutor would have played back tapes of her arguments in sentencing hearings when she had advocated for jail time instead of treatment while she was a prosecutor.
And in the latest case of a judge refusing to provide a breath sample (and then getting off of a DUI charge), we have His Honor Judge James Heath of the Warren County, OH Court of Common Pleas. After allegedly running a red light (charge later dropped), Judge Heath refused to provide a breath sample. His attorney was later reported to have admitted that the judge had consumed "a few glasses of wine." Instead of getting hammered for DUI, Judge Heath was convicted only of the lesser charge of reckless driving. Refusing to provide a breath sample was a smart move on the part of Judge Heath. Another Judge, John F. Kelly, of Pima County Arizona, recently made the news because he provided a breath sample, and was lucky enough that it only registered .063% BAC. In many jurisdictions such as Virginia, a driver can be convicted with a reading as low as .05% BAC. Congratulations Judge Kelly! You won the DUI lottery. One must wonder how nervous the good judge was as he waited for the results of the blood test.
Another refusal case involved Pekin, Illinois Patrolman Andrew J. Thompson. He was stopped after an auto accident which was not his fault on December 19th. He refused to provide a breath sample, but Tazewell County State’s Attorney Stewart Umholtz stated that after a careful review of videotapes, his office (not him personally, mind you, but his office) determined that there was no basis for proceding against the officer, or even to impose a summary suspension of his license. That's a nice break. Mr. Umholtz did, however, have some advice for the rest of the motoring public. "If any citizen is asked by a police officer to take a breath test or a field sobriety test, they should take that test to remove all doubt."
Gee, that's great advice. If you're trying to put people in jail for DUI. If you are experienced in DUI law and practice like Judge Heath, Officer Thompson, and Prosecutor Lydia Wardell, you know that providing a sample for the government to use against you in court is foolish. You might get lucky like Judge Kelly, but if the machine used to convict you is off by even a small amount, you could wind up in jail even though you were in fact innocent. But if you don't provide a sample, you can't be convicted by machine - accurate or inaccurate.

Another Judge Convicted of DUI... meet Sheila McGinnis

2009-01-21T21:16:00.001-05:00

OK folks, it looks like we have another stirling example of why the DUI laws fail over and over and over. Oh, and make the government a lot of money. Oh, and also keep a lot of state judges on the bench with nice comfy salaries. This is Sheila McGinnis, a/k/a "her honor" Judge McGinnis. And friends, she is a real prize. Judge McGinnis was convicted of DUI this week, but unlike most defendants, she was spared (at least some of) the harsh glare of the media spotlight. According to media reports, she was "weaving from lane to lane, flashing her bright lights and honking the horn just before the accident." What accident you ask?

This is the good part. The "honorable" Judge McGinnis slammed into a minivan with five people. That's sounds like something straight out of a MADD commercial demonizing drunk drivers. Assistant Attorney General Daniel Nikolic really turned up the heat on Judge McGinnis, arguing "Not only was she driving under the influence of alcohol, she caused an accident." Uhh, wait a minute, he didn't exactly blast her. That is actually an extremely weak indictment of this law enforcement officer turned criminal. He should have pointed out the hypocrisy in a judge who regularly sentences DUI defendants to jail having rear-ended a minivan full of children who could have been injured or killed thanks to her honor's arrogance and recreational substance abuse.

One blogger stated "I have personally observed her demeanor and conduct on the bench and find her to be arrogant, incompetent in having a poor understanding of legal principles, and unwilling to hear pro se defendants." 'Nuff said. But not all said. Another blog reported that "her DUI case was transferred to the Markham courthouse after her attorney successfully argued it would have been 'embarrassing' for McGinnis to stand trial in the courthouse where she worked." Uhhh, wait a minute... isn't embarrasing the defendant one of the main techniques the courts use to battle drunk driving? Isn't that why some jurisdictions post all DUI mugshots?

But precious Sheila McGinnis was spared as much shame as possible. After sentencing, she slithered "out an employees' entrance at the Cook County Courthouse in Markham". Oh, and her trial was held at the same time as Barack Obama's inauguration. Funny timing. It's almost like she was married to Mayor Daley's nephew or something. Oh wait, she is. Her sentence? Court supervision for 18 months (yeah, they are going to be really hard on a judge down there at the Court Supervision office - she'll have to suffer through all the Bureaucracy and everything - NOT) and a $1,000 fine (wow, they really set her straight there - less than half the maximum). One blogger stated "I didn't have any prior convictions either, when she threw me in Cook County Jail for 4 days, and denied me a public defender, saying that if I had money for bail ($2,000 borrowed from my sister), I had money to pay a lawyer. (I'm a single parent with 4 kids.)"

Sounds like somebody could use a stiff taste of her own damned medicine. Continuing a common theme, Judge McGinnis refused to participate in any field sobriety tests or to provide a breath sample. Judges know these rituals are purely theatrical and are designed to convince uninformed defendants that they must be guilty, and that they should therefore plead guilty and forget trying to hire a lawyer to defend their rights. Another lesson: sometimes even if you can win based on the facts, a good guilty plea is better than a conviction after a contested case - at least you know what you are getting. If you can live with it, you're in good shape.

What is it with Aussie Cops? Another one Busted for DUI

2009-01-20T17:21:00.001-05:00

Well, it's happened again. We recently reported the case of unfortunate veteran cop Rebecca Harrison, who got busted down under for driving drunk. In her patrol car. While on duty. Obviously that makes for a kind of weird situation when you get back to the office on Monday.

But apparently senior constable Harrison is in pretty good company. She was recently joined in the ranks of drinking and driving cops by one of her fellow law enforcement officers. The latest DUI cop has been spared the indignity of having his name published in the newspaper, but that probably won't last for long. What do we know so far?

Well, according to published reports, the officer is a 41 year old male, and is "believed to be" a uniformed officer. Fortunately he was not on duty at the time, which is more than can be said for fellow DUI cop Ms. Harrison. What lesson should we take away from this latest case of DDC (Drunk Driving Cop)?

The same lesson that becomes apparent every time a cop is arrested for DUI; alcohol is a drug, and if the government is going to sell it to people for recreational use, society must expect that they will make bad decisions once the drug has taken effect and their judgment has been reduced.

It's not because they are criminals, it's because they really believe that they are perfectly OK to drive. To act as if the drinking driver is to blame is intellectually dishonest and ignores the government's obligation to stop DUI's the easy way: by installing an ignition interlock on every new car.

Latest Judge Arrested for DUI Provides a Good Example

2009-01-17T13:29:00.001-05:00

Meet Johnny Seiffert. Or as he is also known, "Your Honor." Justice of the Peace Seiffert was convicted of DUI on Friday after entering a no contest plea according to this article in the Great Falls Tribune. Judge Seiffert had originally entered a plea of Not Guilty, but he changed his plea before visiting judge Michele Snowberger. I wonder if Snowberger lectured him the way I frequently hear judges lecturing people who appear before them for drunk driving. I also wonder whether there was a plea agreement in the case.

Judge Seiffert got a ten day suspended jail sentence, which means that he won't serve any active jail time. That's not a bad deal on a DUI charge - some defendants get a jail sentence on their first DUI, even if their BAC level was right at the minimum required to convict. Was that part of a deal with the prosecutor or did he plunge headlong into the abyss without knowing what he was about to receive?

Part of the sentence included a BS alcohol class that most DUI defendants have to suffer through as part of the usual routine. If Judge Seiffert figures out in the first five minutes that it is a total crock and a waste of time, will he keep sentencing defendants to attend the same course?

The bottom line is that Judge Seiffert made a very wise decision when approached by a trooper from the Montana Highway Patrol. He refused to perform any field sobriety tests or provide a breath sample. His fatal flaw: talking to the cop who arrived at the scene after the one-vehicle rollover. He should have refused to speak to the trooper and left the door open as to who was driving, when the driver was last operating the vehicle, and whether the driver had consumed any alcohol after driving.

Refusal is a common theme when judges and police officers are arrested for DUI. They almost never provide a breath sample or do field sobriety tests. Why not? Well, for starters, they know that both of these "scientific" tests are about as accurate as a Ouija board. As a former Yellowstone County deputy and Red Lodge police officer, Judge Seiffert must have known that the only point of such "tests" is to give the police evidence against you, and that the police can and will determine that you have "failed" no matter how well you do on the tests. Rather than stick his own neck in the noose, Judge Seiffert did the smart thing and followed Nancy Reagan's advice: "just say no".

Judge Seiffert looks like a really nice guy. I'd probably enjoy hearing some of his stories about life out west and his career in law enforcement. We could probably talk at length about DUI cases while enjoying a couple of cold beers and a nice Montana steak. I just hope we would both be able to make it home afterwards without any harassment from his friends on the Highway Patrol. Hopefully Judge Seiffert will take his experience at the hands of the justice system into account when he is hearing cases alledging drunk driving in the future. He still has an appeal pending, and it sounds to me like he might have a decent chance of acquittal on appeal. Best of luck, Your Honor.

Finally, somebody gets it.

2009-01-16T17:11:00.000-05:00

I don't know Martin B. Hamilton, but I sure do like the way he thinks. Mr. Hamilton advocated for universal ignition interlocks in a recent editorial in the Johnstown Breeze. Even better, he has picked just the right time to make this argument. Why not, he asks, tie the bailout of the automakers to a requirement that every new car come with an ignition interlock? This is brilliant, but of course our elected representatives will probably fail to implement this obvious solution to the problem of drunk driving.

Hamilton's argument is simple. "At the inconvenience of including people who don’t drink at all, these devices would ensure no one drives drunk. It would make society suffer for the sins of a few, but the added cost would surely offset the amount of lives saved." And how much would it cost? Well, not a whole lot. These devices could easily be manufactured for less than $50 if they were produced on a tremendous scale that the US auto industry offers. And yes, it would require that we breathe into the machine before turning the key. But we have to breathe anyway! So why not save lives and money while doing what we have to do to keep our hearts beating?

Clue: some people would lose money. Auto manufacturers would sell less cars because people wouldn't wreck their vehicles while driving drunk. Insurance companies would derive less revenue because there would be less risk to insure. The goverment would sell less alcohol and get less tax and sales revenue, not to mention the fines from drunk driving convictions. The police would have less work to do and their employment numbers would decrease. MADD would go out of business and their fat salaries would be history. So think about it and decide for yourself - should we save lives or help Jack Daniels and his friends make more money?

Three Beers, Five Years.

2009-01-16T15:39:00.000-05:00

A recent article about Clyde D. Covington, Jr. tells a sad tale in which there are no winners. Mr. Covington was convicted of aggravated involuntary manslaughter, driving under the influence, and failing to comply with a traffic signal in Virginia Beach this past week. Unfortunately, he blew a 0.09% BAC after an accident in which another driver died. According to his attorney, he had consumed three beers at dinner with friends before the accident. If you are thinking "Wow, three beers isn't much, I'm lucky I've never been in that situation", you're not alone.

Deaths caused by driving under the influence are a tragedy. There is absolutely no reason for drunk driving to continue to rob us of our loved ones and to cause otherwise good people to be branded as criminals. Our society is technologically advanced enough to stop drunk driving by placing ignition interlocks on all new cars so that they will not start unless the driver is sober. But the insurance companies, auto makers, police, alcoholic beverage sellers, restaurants, and government agencies aren't about to let go of the money they make from drunk driving.

Am I crazy for suggesting that we should all have to blow into the machine before starting our cars? Well, I might be crazy, but not because of that. What's crazy is Clyde D. Covington, Jr. serving five years in prison because of a tragedy that could easily have been prevented. What's crazy is the death of a woman who would still be with us if the government and MADD were courageous enough to actually stop drunk driving instead of engaging in profitable finger pointing. My thoughts and prayers are with the families of both of these people, because both are victims of the ongoing parade of DUI tragedy.

What not to do when the cops are investigating you for DUI...

2009-01-13T13:27:00.000-05:00

According to a story in South New Jersey's Courier Post Online, Matthew Tubertini, 29, of Mount Laurel New Jersey, was arrested at 3:10 AM after getting himself into an accident. Of course, it really makes for a rotten day when you wreck your car. And when it is a single vehicle accident as reported in this case, it's pretty hard to blame the other guy.

But one very important thing you should always remember after having such an accident is that the police who respond are not your friends. They may be concerned for your welfare, they may be polite and professional, but you have to keep in mind that every cop is looking to charge you or any other stranger they encounter with a crime. That's their job. It's what they get paid to do. In fact, officers frequently receive overtime pay for the hours they spend in court - so the more charges they rack up, the more they get paid.

So what should you do when the police start asking questions? You should shut up. Very rarely do suspects take advantage of the very powerful right to remain silent. But the ironic truth is that practically every DUI suspect talks himself or herself into a DUI. I once had a client that blew a .25% BAC after wrecking his car. I was able to walk him out of court without a DUI conviction, without an ignition interlock, without license suspension, without a 15 day "mandatory" jail sentence, and with only a minor fine on a reduced charge. How? Easy. He was too drunk to talk.

Because he couldn't answer the officer's questions about what time he had wrecked the truck or whether he had consumed any alcohol after the accident, there was no way they could convict him. I was able to get the prosecutor to agree to a guilty plea on a much lower charge because they knew I would be able to suppress the results of the Breath Alcohol Test. Unfortunately Mr. Tubertini took another course. After being arrested for DUI and released, he returned to the police station with a baseball bat, allegedly to "to damage police vehicles and confront officers at the station." Not good. Don't.

Oops! Another cop busted for... DUI.

2009-01-12T19:46:00.000-05:00

Meet James Allen Post. This unfortunate driver was arrested for DUI in Myrtle Beach SC on Friday. Getting busted for DUI can really ruin your weekend. But when it gets you immediately fired as well, it's a real double whammy. Officer Post had the misfortune to be stopped by a South Carolina State Trooper. One can only wonder whether he would have been arrested if a fellow Myrtle Beach Police Department officer had stopped him.

Officer Post was a rookie with less than two years on the job. How many people did officer Post arrest for drunk driving? And did he needle them at the traffic stop like we always see on "Cops". You know the episodes I'm talking about. Where they act in a very patronizing manner and lecture the defendant about drinking and driving. Spare me.

Police officers are agents of the state. They like to act as if they are brave warriors, helping to fight the war on drugs and keep us all safe from drunk drivers. That is absured. As agents of the state, they help support a (legal) conspiracy to distribute narcotics (booze). Can you imagine what would happen if a bunch of teetotallers decided to try and revive prohibition by blocking access to state owned liquor stores? The cops would immediately drag them away and jail them despite the fact that they were trying to keep people from using drugs (beer, wine and liquor).

I feel sorry for Officer Post. That mug shot says "I'm sorry". Maybe he's innocent. I hope he gets a very good attorney, and if he somehow gets acquitted and returns to duty, I hope he has compassion for the people he stops under suspicion of drunk driving.

Latest "Drug Warrior" to get arrested for DUI...

2009-01-08T16:01:00.002-05:00

The War on (some) Drugs makes the prohibition of the 1920s look like a raving success. No health problem has ever been solved by treating it like a criminal problem. But the fallacy of the distinction between legal and illegal substances of abuse continues to elude many of our government servants.

Take Elvin Martinez of Florida for example. According to an article in the St. Petersburg Times, Mr. Martinez was arrested on January 2nd and charged with DUI. Unfortunately, Mr. Martinez was suspended from his job representing the Hillsborough State Attorney's Office on numerous local boards.

That's a drag, which is compounded by the fact that he was turned in by... his wife. No wonder they call dogs man's best friend. At least your dog will never rat you out. The kicker is Mr. Martinez has served as chairman of the Hillsborough County Anti-Drug Alliance. Huh? Doesn't he know that alcohol is a deadly and addictive drug?

As a government employee, he could be considered a co-conspirator in the distribution of (legal) narcotics in the form of alcoholic beverages which are controlled by the state of Florida. Of course the Board is involved in all sorts of ridiculous anti-DUI propaganda, which is about as effective as those stupid TV commercials sponsored by the so called Partnership for a Drug Free America. What a waste of taxpayer money.

It never ceases to amaze me when I see one of our nation's brave drug warriors caught driving drunk. As always, when a member of the government is caught driving drunk, this case highlights the fact that we cannot sell people a recreational drug that reduces judgment and inhibition and then expect people to make good decisions after consuming the drug we just sold them in the manner in which it was intended to be consumed.

When a bad day gets worse...

2009-01-07T18:52:00.000-05:00

Don't you hate hangovers? The headache, nausea and general malaise have convinced many a tippler to slow things down or walk away from the bottle permanently. But sometimes a hangover is just the beginning of a bad day. Take Billy Joe Huffman of Strasburg, VA for example.

According to news reports, Mr. Huffman was arrested in Warren County on January 1st and charged with a DUI. ($) Making his day even worse, he allegedly had two prior DUI's making this a felony third DUI. ($$) Even worse, his truck was damaged after crashing into a house there. ($$$) Ouch. But it gets worse.

Two people in the house were injured and as a result Mr. Huffman was charged with attempted malicious wounding and attempted malicious wounding of a family member. ($$$$) Family member? Was it his own house that he crashed into? ($$$$$) He'll probably also face a civil suit for the injuries to the folks in the house. ($$$$$$)

Mr. Huffman might have a chance, though. The article indicates that the DUI took place on December 16th, but it wasn't until "the truck was later seen" that he was arrested January 1st. Without any blood or breath evidence, it should be tough to convict him of DUI, although there could conceivably be witnesses who can testify as to his level of intoxication at the time he plowed into the home.

Unfortunately for Mr. Huffman, as of 1/08 there is nobody listed as his defense attorney on the Courts website. Maybe he'll make a good decision and hire a competent DUI attorney - good luck frequently comes as a result of good decisions, and this poor guy could use some good luck.

Latest Celebrity DUI - Rip Torn... again

2009-01-06T22:45:00.001-05:00

Looks like Rip Torn's been charged with DUI again. His last two arrests were in New York, his most recent in Connecticut. Police allegedly caught the famous actor driving in the breakdown lane with a Christmas tree tied to the trunk of his '94 Subaru. He refused to participate in field sobriety tests or to provide a breath sample.

If you think Rip hasn't learned anything from his previous DUI arrests, you are dead wrong! In 2004, Rip was charged with DUI in New York, but he refused to provide a breath sample and he beat the rap. In 2007, he was charged once again with DUI after refusing to provide a breath sample, but he pled guilty. So what was the celebrity actor's lesson? Not to submit a breath sample when ripped, perhaps.

He appears to have a 50/50 record so far after refusing, with the third charge yet to be decided. Without that evidence, it is frequently difficult for the cops to pin a DUI charge on you, as Rip has apparently learned. As usual, I am mystified when a wealthy person drives after drinking. With his fabulous finances, I would imagine Rip could hire a rollback to drive him and his hoopdie back home after he gets rip-roarin' torn-down drunk (or not - let's remember, the guy may be completely innocent). Best of luck to him with his defense - let 'er rip!

Latest Cop Arrested for Drunk Driving - from Down Under, Mate

2009-01-04T20:14:00.000-05:00

Rebecca Harrison, a 32 year old policewoman is the latest example of a law enforcement officer being arrested for driving under the influence. This latest example is according to news reports from Margaret River, Austrailia. No rookie, the intoxicated cop is referred to as a "senior constable" in news reports. Most telling of all, not only was she on duty, she was driving her patrol car.

One might be tempted to wonder why a law enforcement officer would be driving under the influence of alcohol. As usual, the government will try to pretend that this is a shocking and unexpected development. In reality, the government's legislators, police, and judges have conspired to distribute and derive funds from the sale of narcotics. This particular drug, alcohol, causes the user to experience reduced judgement and inhibitions. Then these same drug dealers act as if it is surprising when people get behind the wheel after consuming the drug that helps pay their salaries.

What's the solution? Easy. Stop putting cars on the street without ignition interlocks. It's impossible to make a good decision about driving when you are under the influence of alcohol. If it was impossible to start the car until the driver was sober, DUI wouldn't happen.

Latest Celebrity DUI: Pulitzer prize winner Sam Shepard

2009-01-03T15:32:00.000-05:00

Proving once again that people from every walk of life are subject to arrest for DUI, actor and playwright Sam Shepard blew over twice the legal limit in Illinois this weekend. This is going to be a tough case to wiggle out of, even for a celebrity. But don't count him out just yet. A good DUI attorney can be worth his weight in gold, and celebrities usually choose to invest in the best.

The basis for the stop was allegedly speeding (46 MPH in a 30 zone). That's a great basis for a stop and rarely gets overturned by the courts. Then there's the behavior at the stop. Although the news reports don't contain the usual police allegations of bloodshot eyes, odor of alcohol, and difficulty balancing, they do indicate that Shepard pulled onto the sidewalk when he was stopped.

If that's on tape, it serves as additional evidence of intoxication. Unfortunately for Sam, the BAC of 0.175% that registered on the breathalyzer according to TMZ will probably be enough to get him a DUI conviction if not some jail time. It always mystifies me when wealthy people are arrested for DUI. Why drive at all when you could be chauffered everywhere you go?

Why MADD doesn't really have any intention of stopping drunk driving

2009-01-03T01:19:00.000-05:00

Well, for starters, how about $46,959,181? That's the amount that MADD paid out in total salaries and benefits during fiscal years 2002-2004 according to a review of their tax filings by getmadd.com. If you were receiving big fat paychecks in exchange for exploiting the pain and suffering of the victims of drunk driving, would you want to put a stop to all that income? Not likely if you were making over $200,000 per year, which was the fantastic salary pulled down by at least one MADD executive during several reported years.

MADD no longer puts corporate tax returns on their website according to the report. Huh? Corporate return? Do you mean MADD is a corporation? Yep. Just like GM, AIG, and Brown-Forman (maker of Jack Daniels). All of these corporations benefit financially from drunk driving and would earn less if drunk driving were eliminated. So one really has to ask the question, how hard would it be to eliminate drunk driving? As it turns out, not very.

Some time ago, a little device was developed that would be attached to the ignition of a car. In order to start the car, you would have to blow into the device. If you were drunk, the car wouldn't start, but if you were sober, it would operate normally. Ingenious huh? So why don't we put one on every new car sold in America? Simple. That would affect the paychecks of all the people who profit from drunk driving, and that's one heck of a lot of people.

Take me for example. Lots of folks hire me to defend them on DUI charges, and they have to pay me good money for that service. That's simple enough, but what about General Motors? How do they profit from DUI? That's actually pretty simple too. What do you think happens when someone wrecks their car in a DUI? They go out and buy a new one in accordance with the terms of their insurance. This happens every day due to the magic of actuarial science.

But aren't the insurance companies losing money from DUI because they have to pay out claims? No, they actually make even more. Huh? The insurance companies bring in more premiums to cover the cost of damages caused by DWI. More premiums means more profit. Obviously the alcohol and restaurant industries profit from a system that allows and encourages people to have a few drinks with dinner and drive home. Even MADD isn't really looking to prevent drunk driving (and give up their big fat salaries) - just to punish drunk drivers after the crime has already been committed and it is too late to stop them.

Don't believe me? Try this. Call MADD headquarters and explain that you sometimes like to enjoy a glass of wine or two with dinner or a couple of beers at the ballgame. Then ask them if they would foot the bill for an ignition interlock for your car. The answer will be no. How do I know? I tried it. I'd love to have a car that couldn't be driven under the influence. And of course I've never intentionally driven under the influence, but nobody ever plans to drive under the influence. When you drink, your judgment is reduced and your inhibitions are lowered, so how are you supposed to be able to tell whether you are under the influence or not?

MADD knows that punishing drunk drivers will only have a marginal effect on drunk driving without eliminating their paychecks. In a recent report, MADD claimed to have "partnered with leaders in the traffic safety and auto industries to further explore the possibilities of eliminating drunk driving through... advanced vehicle technologies" such as "Advanced breath testing... for alcohol in the vehicle" Hmm. Sounds like a pretty cozy partnership. It's worth noting that these technologies are proclaimed as a panacea by MADD when they get legislation passed requiring ignition interlocks for convicted drunk drivers. Six states passed such laws to kick off 2009. But don't count on MADD getting these devices installed in every new car any time soon. "It's amazingly inconvenient," according to David Malham, of the Illinois chapter of MADD. As Upton Sinclair once said, "It is difficult to get a man to understand something when his salary depends upon his not understanding it."

More proof that DUI laws were made to fail...

2009-01-02T11:36:00.000-05:00

A 76 year old member of the Suffolk Substance Abuse and Youth Council is the latest example of our nation's failed efforts to prevent drunk driving. Marion Matthews was arrested on Christmas day and charged with DUI and refusing to take a breath or blood test.

This latest example of a government official being charged with drunk driving highlights the reasons why this nation's war on drunk driving will never work. Ms. Matthews is obviously no supporter of substance abuse. Why then would she be the subject of a DUI charge? The answer is simple.

Alcohol is a drug. It is deadly, addictive, and when consumed in the manner intended causes the user to lose his or her judgment. Not only that, it is sold to the user by the state! The official governmental seal of approval is put on alcohol - literally. Unlike a driver's license, there is no education required to drink. One doesn't need a license, any training, or even so much as a warning label on the product that the state sells us knowing that it causes intoxication.

Does this mean we should outlaw this toxic and habit-forming substance of abuse? Of course not. This nation tried prohibition and found that it only led to the rise of Al Capone and his ilk of drug dealers. Ironically, the world still falls for this scam in the form of the ongoing failure known as the war on drugs. But we can still take action to stop drunk driving.

The solution is technology known as an ignition interlock. It's simple - if you are drunk, you can't start the car! Why isn't this technology attached to every new car? The answer is simple: because the people who profit from drunk driving can't have that. The alcohol and restaurant industries profit from a system that allows and encourages people to have a few drinks with dinner and drive home. The insurance companies bring in more premiums to cover the cost of damages caused by DWI. Even MADD isn't really looking to prevent drunk driving (and give up their big fat salaries) - just to punish drunk drivers.

Maybe Marion Matthews is innocent of the charges. But regardless, the laws that are intended to prevent drunk driving have failed, and continue to fail to prevent the dangers of impaired motorists. When we sell people a drug that causes them lose judgment, we have to expect that they will get behind the wheel - to pretend that any other result will occur is dishonest and disgraceful.