Showing posts with label DUI defense. Show all posts
Showing posts with label DUI defense. Show all posts

Saturday, March 5, 2011

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

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.

Thursday, January 7, 2010

Pennsylvania DUI Enforcement State Trooper Charged With... DUI

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.

Monday, January 4, 2010

Idaho Sheriff's Officer Faces Second DUI Charge

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

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.

Saturday, January 2, 2010

Three Officers Charged With DWI in Westchester, NY Last Month

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.

Monday, December 28, 2009

Fort Worth Police Officer Charged With Intoxication Manslaughter

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.

Sunday, December 13, 2009

Allegedly Drunk Mom Leaves Daughter on the Side of the Road

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?

Monday, November 2, 2009

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

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.

Monday, September 21, 2009

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

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.

Monday, July 27, 2009

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

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.

Tuesday, June 30, 2009

DUI Enforcement Blitz Planned for Virginia's Motorists This Weekend

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.

Sunday, June 21, 2009

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

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?

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!

Saturday, June 6, 2009

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

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.

Monday, June 1, 2009

California Cop Facing Second DUI Charge Within Six Months

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.

Friday, May 29, 2009

Brave Drug Warrior Defects; Charged with DUI

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

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

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

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

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

Monday, April 27, 2009

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

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

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

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

Saturday, April 25, 2009

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

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

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

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

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

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

Monday, April 20, 2009

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

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

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

Sunday, April 19, 2009

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

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

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

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

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