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.

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.

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.

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!

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.

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.

Deputy DA charged with DUI will be sitting on other side of Courtroom

Deputy DA Sebasti Emma Adams of El Paso County, CO, is employed by the government to prosecute DUIs. A couple of weeks ago, she was charged with DUI in Colorado Springs, CO. Adams was arrested after allegedly running a red light and slamming into a curb, disabling her vehicle. According to reports, the accident occurred after she enjoyed a night out celebrating a prosecutorial victory.

After a concerned witness reported the incident to the police, they responded to the scene to find Deputy DA Adams and her wrecked vehicle. The police claim that she subsequently failed a field sobriety test and then submitted to a blood test. Results of that test still have not been released. Officials say that could take 30 days. She was then taken into custody, issued citations for driving under the influence, careless driving and failure to provide proof of insurance before being released.

Adams’ boss, Fourth Judicial District Attorney Dan May, rewarded her by suspending her with pay until an investigation is complete. At the same time, he requested a special prosecutor to avoid the appearance of a conflict of interest. According to the cops, “During the course of the arrest, she identified herself as a deputy district attorney, but not in an attempt to get special treatment.” Hmmm, that’s curious. If it wasn’t to get special treatment, then what was the purpose of telling the cops about her status as a law enforcement officer?

This case shows the paradoxical nature of DUI cases across the country. Here we apparently have an individual whose professional duties include hammering DUI defendants. She goes out celebrating a prosecutorial victory by legally obtaining and drinking alcoholic beverages. Because alcohol is a drug, her judgment becomes impaired. She then makes the same mistake by trying to drive home as many of the people she has helped to punish. This results in her arrest and subsequent prosecution by the same prosecutor’s office she works for.

The simple solution that would have stopped the chain of events would have been an interlock system in Deputy DA Adams’ vehicle. Unfortunately for her, and all of the victims of DUI, such legislation has not been mandated to stop DUIs before they occur. This is not the first time this particular District Attorney’s Office has come under the DUI magnifying glass. In May 2008, former 4th District Attorney John Newsome was filmed drinking at two bars and driving a county vehicle by a local television station. His decision cost him his job through the electoral process. One can only assume that Dan May took full advantage of the DUI accusations against Newsome to win the election. Is hypocrisy alive and well in Colorado Springs? You decide.

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.

Newspaper Discovers that DUI is Still Quite Common; Police Shocked, Plan on Using Overtime Pay to Think of Solution

A recent article in the Virginia Gazette has uncovered a (not so) shocking fact: DUI cases are extremely common. In fact, the newspaper provides a statistical analysis showing that in 2007, 28,787 DUI convictions were recorded in Virginia Courts. This gives us an average of over three DUI convictions per hour!

Of course, that doesn't even count the cases in which people were charged with DUI but acquitted or found guilty of a lesser charge. More importantly, it doesn't include the great majority of drivers under the influence who make it home safely without police "assistance" or kill themselves in a DUI accident and thus are never charged.

Of course, the article never questions our current approach to drunk driving, nor does it acknowledge that each arrest represents a failure to keep intoxicated drivers off the roads. The reason we still have DUI is very simple: that's the way the government wants it. We could stop DUI today by mandating ignition interlocks on every new car. But that would result in a whole lot of cops being out of work, not to mention lawyers, judges, etc.

The DUI system is a scam. It is a racket designed to punish a tiny minority of offenders to create an illusion that it is effective in preventing their luckier counterparts from engaging in the same behaviour. Don't fall for it. If you are on a jury, scrutinize the evidence carefully. If you are a defendant, fight the charge. If you are a legislator, demand that the billions in bailout funds come with a safety benefit in the form of mandatory ignition interlocks. It may be your own life that is saved.

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.

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.

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.

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?