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?

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.

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.

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.

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.

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.

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.

My Favorite Mother Against Drunk Driving - Ann McGuigan

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

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?

This is Incredible - Lawyer gets his DUI Client Incredible Results at a Bargain Rate - Then She Sues Him!

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?

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

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!!!

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

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!

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!

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

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.