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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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!

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.

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.

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

Meet Bruce Smith. The former star Defensive End for the Buffalo Bills and Washington Redskins was a career leader in sacks on the field. He also has been recognized for service on the boards of St. Jude's Hospital and Operation Smile, and was a member of the Board of Visitors at Virginia Tech, his Alma Mater. In February, he was honored by the Virginia General Assembly, receiving a standing ovation for his career and volunteer work. Last week he was arrested for DUI, his third such charge according to the media.

Of course, Smith was in very good company in the General Assembly, which has had numerous members convicted of DUI, and even more who have driven under the influence but were not convicted. By the time he made it to the House and Senate, he had already been arrested on DUI charges twice, but the charges didn't stick either time. All those politicians that suck up to MADD and take their money must have been suffering from amnesia when they cheered on this multiple DUI arrestee.

Of course, we should all keep in mind that Smith may have been innocent of the charges all three times. But it does go to show what MADD and the DUI crusaders really stand for. They have invented a system where lots of people drive drunk, but only celebrities and wealthy people have a good chance at acquittal on DUI charges. The best DUI defense attorneys are expensive. Add the cost of expert witnesses, court reporters, and independant investigators and you are talking about a lot of money. Of course, the DUI conviction can be even more expensive, but the conviction takes money from defendants over a long period. It is a financial death by a thousand cuts, such as VASAP fees, increased insurance, and fine payments that can be spread out.

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

Meet Evan Fardanesh. He is a 9 year veteran of the Folsom Police Force, but this weekend he was arrested and charged with DUI. This case follows a very familiar pattern. It appears that Fardanesh had been drinking based on the reported 0.19% BAC that was taken at the scene.

Apparently the officer had been at a Mexican restaurant when he got into an altercation with a female patron. He allegedly shoved the woman, but the restaurant manager was reported as stating that she was surprised it resulted in a criminal charge.

His fellow officers allegedly found Fardanesh trying to drive out of the parking lot, and he was subsequently charged with DUI and battery, although the cops didn't lock him up at the jail, opting instead to release him to the custody of a "responsible party". Reading between the lines, one wonders whether this is the usual crazy girlfriend scenario.

It is entirely possible that the female patron was Fardanesh's date/girlfriend/spouse, and that she not only fueled his drinking but then started the altercation only to point the finger of blame once the cop had taken enough crap and finally pushed her off of him. This set of facts plays out every day across America, and Fardanesh has undoubtedly arrested many people in the same set of circumstances. It's a pity, but one really has to wonder why he provided a breath sample. Most cops are smart enough to refuse.

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

Meet SGT James Tragesser of the Smithfield Police Department. He is a pretty distinguished guy with a record that includes service in the Navy during the first Gulf war as well as a 2003 award from MADD for his DUI arrests. He also got arrested for DUI this weekend.

It's what I call the MADD curse. I frequently read about cops who have received an award from MADD getting arrested for DUI. Why is this? Well, it turns out that these police have been getting drugs from their bosses! These drugs cause the officers to lose their judgement while simultaneously gaining false confidence in their driving abilities. Then the drugs lead to impaired driving, close calls, or even accidents like the one that led to Tragesser's arrest.

You have probably heard of the drugs that the bosses are selling to these cops. Popular examples include Budweiser, Boone's Farm, and Aristocrat. Yes, I'm talking about alcohol. Every cop works for the government, whether it is the federal, state or local government. And all of these governments are selling alcohol and getting revenues from those sales.

I think SGT Tragesser should get credit for the good judgment he displayed. Rather than blow into their conviction machine and give his fellow cops a number to hang around his neck (which sometimes includes a mandatory minimum jail sentence), he declined. Good luck SGT Tragesser! I hope you find an aggressive and experienced DUI attorney who will provide you with a strong defense and help you keep your job.

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

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.

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.

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?

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

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

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

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

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

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.

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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