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.

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.

Virginia Beach Police Officer Charged With DUI

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

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

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

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.

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

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

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

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

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

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

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

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

Another Cop Busted for DUI!!!

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?

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

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.

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

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.

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

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."