Utah Senator Arrested for DUI - NOW UPDATED

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.

Rhode Island Prosecutor Charged with DUI

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.

Another Prosecutor Refuses to Provide a Breath Sample

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...

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.