Results tagged “DWI” from DUI Lawyers & Attorneys News

Just as the race to the Super Bowl is about to begin, Minnesota Vikings head coach Brad Childress now has other issues to deal with.

Childress' son, 24-year-old Aaron Kyle Childress, was arrested and charged with 2nd degree DWI last week.

Childress was booked at the Ramsey County Jail in St. Paul, Minnesota, but was later released on bond.  A court date has been set for March 2.

This is not the first time Childress has been arrested for drunk driving.  Last year he pleaded guilty to misdemeanor DWI charges.

Because he already has a prior DWI on his record, Childress is now facing second-degree DWI charges, which is considered a gross misdemeanor.  If convicted, Childress could be sentenced to one year in jail and a $3,000 fine.

Brad Childress has not yet made or released any statements regarding his son's case.

When faced with a second DWI, it is imperative that you take your situation seriously and contact an experienced drunk driving defense attorney as soon as possible.  If you have been arrested and charged with DWI for the second time, click here to find a DWI lawyer near you!

Recently, police arrested former NBA player, Jason Williams for driving while impaired (DWI) in New York.  This is not the first time Williams has had a run-in with law enforcement.

According to reports, police were called to the scene of a single-vehicle collision during early morning hours.  When they arrived at the scene of the accident, they saw that Williams was injured and behind the wheel of a Black Mercedes SUV.

At this time, police are saying that alcohol consumption played a role in the DWI accident.  They say that Williams was so impaired by alcohol that he drove his SUV into a tree at an incredibly high speed, which led to him sustaining injuries.

Witnesses who watched the accident say that Williams jumped into the passenger seat of his vehicle before police arrived.  Once officers arrived, they arrested Williams for DWI and transported him to a nearby hospital to receive treatment for his injuries.

Charged with DWI?  Click here to find a skilled DWI defense attorney!

 

A Minnesota man will serve six years in jail for failing to appear at his sentencing hearing after pleading guilty to first-degree DWI.

On May 6, 32-year-old Cory Schilling pleaded guilty to DWI.  He was scheduled to appear at a sentencing hearing on August 12, but never showed up.  After obtaining a warrant, police arrested Schilling at a residence in Cass County.

This is not Schilling's first run-in with the law. In 1996 he pleaded guilty to drunk driving, and served two years in prison for causing an accident that resulted in the death of a 19-year-old woman. And in 2004 he was arrested on DUI charges again in Aitkin County.

Under Minnesota law, a first-degree DWI is punishable by up to 5 years in prison.  However, Assistant Morrison County Attorney Mike Chisum requested that Schilling serve an additional 10 months in prison for failing to appear at his hearing.

If you are facing DWI or DUI charges, click here to find a DWI lawyer to defend in court!

First-time DWI offenders in St. Louis can accept a plea bargain that will essentially erase their charges from their driving records--until now.

St. Louis Mayor Francis Slay has told prosecutors that this practice of throwing out DWI charges in exchange for a plea bargain must stop.  Instead, Slay is promoting a new agenda that requires ignition interlock devices to be installed on anyone's vehicle who has made poor decisions in regards to drinking and driving.

Slay wants to send a clear message about the consequences people will face if they choose to drive drunk.  This comes after the St. Louis Dispatch reported that St. Louis was the most lenient city in the state of Missouri when it comes to enforcing DWI laws. 

According to the report, lower charges, such as reckless driving, would be applied in lieu of DWI charges. Under the new proposed policy, this will no longer be acceptable. Judges can still offer probation, but DWI charges can no longer be replaced with charges for a non-alcohol related offense.

The goal of this new policy is to have a uniform set of laws and penalties for those charged and convicted of DWI. However, this could be difficult, given that each DWI case is unique depending on such factors as the driver's BAC level, if anyone was injured or killed in an accident, if a breathalyzer test was refused, or if children were in the vehicle.

To learn more about the DWI laws in your state, please click here to find a DWI attorney near you

According to police in New Castle County, a woman was just arrested and charged with DWI for the 5th time.  The woman, 31 year old Bryn Davis, was arrested on the 100 block of Clinton Street in Delaware City.  Since her arrest, she has been charged with felony DUI and related offenses. 

Law enforcement stopped David early Wednesday morning.  She had been parking in the driveway of a Bear home when officers made their arrest.

Police say that they were called to Church Road and Meridian Blvd. after someone reported that a suspicious vehicle was parked on the side of the road, not moving, with the lights on. 

When police arrived at the scene, they noticed Davis in a blue Chevrolet pickup truck and stopped her, later arresting her for felony DUI.  This is the fifth time that David has been charged with DUI in Delaware.

If you have been charged with DWI, click here to find a skilled DWI defense lawyer!

A New Mexico man has learned that you don't need to be driving to get arrested and charged for DWI.

Fidencio Francia was arrested for DWI after police found him pulled over on the side road asleep in his vehicle.

Francia thought he was doing the responsible thing by sleeping in his vehicle instead of driving while intoxicated. 

"I didn't wanna hurt anyone, because I felt I wasn't gonna be able to drive safe," said Francia. "I could have got in my truck and started it and tried to drive away, but I didn't."

Francia was woken up by the police, who asked him to take a field sobriety test and submit to a breathalyzer test.  When he blew a .13, he was arrested on DWI charges.

So how can a driver be charged with driving while intoxicated without actually driving?

According to District Attorney Kari Brandenburg, New Mexico has laws that state if a driver is in control of the vehicle, meaning he or she is in the driver's seat and has access to the keys, and the driver can turn on the vehicle and operate it, then he or she can be charged with DWI.

Because Francia placed his keys in the center console of his vehicle, the judge said it was a cut-and-dry case because his keys were within his reach.

Not all cases are as cut-and-dry as Francia's. Each case has different circumstances and is analyzed according to the facts of the case.  For example, if a driver were to place his or her keys in the trunk of a vehicle, they may not be found guilty of DWI since they cannot easily get to the keys to start the car.

To learn if there are similar DWI laws in your state, click here to find a DWI lawyer near you!

New York Governor David Patterson has signed an assembly bill into law that increases the penalties for those accused of drunk driving with a minor in the vehicle.

The Child Passenger Protection Act, also called Leandra's Law, makes it a felony crime for a person to drive under the influence of drugs or with a blood alcohol concentration of .08 percent or higher with a child under the age of 16 in the vehicle.

The penalties for this offense include up four years in prison or anywhere from seven to 25 years in prison if a child is killed in an accident.

The bill is named after 11-year-old Leandra Rosado, who was killed last month when the car she was riding in crashed.  The driver of the vehicle is accused of driving while intoxicated. She was transporting several children to a sleep over, but Rosado was the only one who died in the crash.

When asked about the new law, Leandra's father, Lenny Rosado, said "It's gonna save many children's lives, whether in the car or outside. That's the goal I knew my daughter was pushing me to stay strong."

The bill also calls for stricter penalties and mandatory ignition interlock devices to be installed in the vehicles of first-time DWI offenders.

Leandra's law is considered one of the toughest, if not THE toughest, anti-DWI laws in the country.

For more information about this topic, click here to find a DWI attorney near you!

A New York police officer has pleaded not guilty to vehicular manslaughter for running over a woman who was trying to hail a taxi cab.

Officer Andrew Kelly was off duty when he fatally ran over 32-year-old Vionique Valnord in Brooklyn on Sept. 27.

According to the police report, Kelly was driving with another off-duty police officer and three civilians when he struck Valnord. First responders to the scene stated that Kelly's breath smelled of alcohol, and that he was slurring his speech.  Kelly refused to take a breathalyzer test. After submitting to a court-ordered blood test seven hours later, his blood alcohol concentration was zero.

In court, Kelly stated that he was not drunk, but simply did not see Valnord when the light turned green. However, reports from the scene indicate that when Kelly was asked if he had been drinking he originally said no, but then said, "not really."

Kelly, who has since been suspended from the NYPD, now faces charges of vehicular manslaughter and driving while intoxicated.  If convicted, he could lose his position as a law enforcement agent and be sentenced to up to seven years in prison, fines, probation, and driver's license suspension or revocation.

The New York Police Department is currently investigating whether there was a cover up.

Charged with drunk driving? Click here to find a DWI attorney near you!

Popeye Jones, assistant coach of the Dallas Mavericks, has been arrested and charged with DWI.

According to police, Ronald James "Popeye" Jones was arrested Sunday night in Richardson, Texas and charged with driving while intoxicated.

After receiving reports that Jones was driving erratically, police pulled Jones over and asked him to submit to a breathalyzer test, which he refused.  Jones put up a slight struggle when officers attempted to arrest him, however, he will not be charged with resisting arrest.

Mavericks head coach Rick Carlisle and owner Mark Cuban declined to comment on Jones' arrest.  When asked about it, Cuban replied, "Why do you care? Do you report on every DWI that occurs in Dallas?"

Prior to becoming a coach, Jones played in the NBA for 11 seasons on several teams, including the Dallas Mavericks, Boston Celtics, Denver Nuggets, Washington Wizards, Toronto Raptors, and the Golden State Warriors.

Jones isn't the first former NBA player to be arrested on drunk driving charges this year.  On New Year's Eve former NBA superstar Charles Barkley was arrested on DUI charges in Arizona. Other athletes that have been arrested for DUI this year include Cleveland Cavaliers guard Tarence Kinsey, Jr., Dodgers pitcher Ronald Belisario, Tennessee Titans receiver Chris Davis, and Cleveland Browns receiver Donte Stallworth, who fatally struck a pedestrian.

For more information about DWI/DUI laws in your state, click here to find a DWI lawyer near you!

A St. Louis teenager has been charged with vehicular manslaughter following a DWI accident that occurred on Sept. 14.

Although criminal charges were not initially expected, 17-year-old Christopher Ransfer is now facing vehicular manslaughter charges stemming from an accident in which he struck and killed 83-year-old Lionel Speidel.  Ransfer was driving while intoxicated by marijuana when the accident took place.

Police believe Speidel dangerously stepped out in front of Ransfer's car. Because Ransfer was cooperating with the police investigation, no charges were filed.  However, police decided to press charges after toxicology reports indicated that Ransfer had marijuana in his system at the time of the accident.

Ransfer, who is now being held on $150,000 bond, could face incarceration in state prison, large fines, driver's license revocation, mandatory DUI classes, community service, and restitution to the victim's family if he is found guilty. But because evidence suggests that Speidel stepped into the crosswalk in a dangerous manner, Ransfer's sentence could be reduced.

For more information about DWI of drugs, click here to find a DWI attorney near you!

Under new legislation recently approved by the Westchester Board of Legislators, people convicted of racing, speed contests, or operating a vehicle while under the influence of drugs or alcohol in Westchester County, New York will face mandatory forfeiture of their vehicles.

The legislation comes as a response to an increase in DWI and DUI arrests.  According to the New York State Division of Criminal Justice Services, DWI and DUI arrests rose 23 percent from 2002 to 2007.

Lawmakers hope this bold legislation will force people to think twice about getting behind the wheel of a car and driving drunk. 

The National Transportation Safety Board has found that vehicle forfeiture is a powerful deterrent to driving under the influence, and that it may even help to reduce the amount of repeat DWI/DUI offenses.

According to William Burton, Chairman of the Board's Committee on Legislation, the bill was modeled after laws already in effect in Nassau and Suffolk Counties, which have proven to be effective.

Under the terms of the legislation, once a driver has been arrested for DWI or DUI, the County would apply civil forfeiture proceedings against the vehicle, which is considered an instrument of crime, and the car would immediately be impounded.

There are currently twenty states that confiscate vehicles as a penalty for DWI or DUI. However, some states do not confiscate an offender's vehicle unless it is his or her second or more offense.

To learn more about the vehicle forfeiture laws in your state, please click here to find a DUI lawyer near you!

A New York woman is in serious trouble after being arrested on DWI charges twice in one night.

Talitha Gorea, a 33-year-old college professor, was first stopped by Oneida County sheriff's deputies just after 7 p.m. for traffic violations.  The officer who conducted the stop discovered an open container of alcohol in Gorea's car, as well as an Ecstasy pill.

Gorea was taken into custody, charged with misdemeanor possession of a controlled substance, DWI, and driving with a blood alcohol concentration above .08 percent.  Police also issued several traffic tickets for failing to signal, consuming alcohol in a vehicle, and operating in violation of a conditional driver's license.

Gorea was later released to a family member.

According police reports, Gorea was pulled over again around 11:30 p.m. after another officer spotted her driving at high speeds the wrong way down a one-way street. The officer attempted to stop Gorea, but she continued to speed away before she was eventually stopped.

The same officer who arrested Gorea earlier in the night was called to the scene, who recognized her. Once again, officers found a container of alcohol in her vehicle.

The second set of charges include traffic tickets for consuming alcohol in a motor vehicle, imprudent speeding, failing to reduce speed at an intersection, failing to stop at a stop sign, driving the wrong way on a one-way street, having an open container of alcohol in the vehicle, operating in violation of a conditional driver's license, and of course DWI.

Gorea was held in custody until her arraignment the next morning.

If she is found guilty of the charges, she could be sentenced to incarceration, fines, driver's license suspension/revocation, community service, probation, and mandatory DWI classes.

For more information about multiple DWI charges and penalties, click here to find a DWI lawyer in your area!

If you or someone you love has been arrested on DUI or DWI charges, it is important to speak with an attorney about your legal rights and options. The following is a list of DUI attorneys from across the county with informative DUI attorney websites:

 

·         Denver DUI Attorney

·         Los Angeles DUI Lawyer

·         Tampa DUI Attorney

·         Greenville DWI Lawyer

·         Orange County DUI Attorney

·         Gainesville DUI Lawyer

·         San Jose DUI Lawyer

·         Montgomery County, DWI Lawyer

·         Phoenix DUI Attorney

·         Gainesville DUI Attorney

·         Fort Lauderdale DUI Defense

·         Long Beach DUI Attorneys

·         Miami DUI Defense

·         Ft. Myers DUI Attorney

·         Orange County DUI Attorneys

·         Los Angeles DUI Defense Lawyer

·         Atlanta DUI Lawyer

·         Orange County DUI Lawyer

·         South Bay, California DUI Lawyer

·         San Diego DUI Lawyer

·         Orlando DUI Lawyers

·         Naples Criminal Defense Attorney

·         San Antonio DWI Attorney

·         Boston OUI Attorney

·         Miami DUI Lawyer

·         Seattle DUI Attorney

·         Chicago DUI Attorneys

·         Portland DUI Lawyer

·         Dallas DWI Attorney

·         Hollywood DUI Attorneys

If there is not a DUI attorney in your area on this list, click here to search our directory to find a DUI lawyer near you!

New Mexico, which long held the reputation of having one of the worst DWI rates in the country, has emerged from the top 10 in three national rankings of DWI fatalities.

According to the National Highway Traffic Safety Administration, the state has dropped to the number 11 spot for the number of DWI fatalities per 100,000 population. This figure represents a 12% reduction in DWI fatalities.  The previous two years, New Mexico ranked 9th.

The NHTSA study included any crash that involved a driver with a blood alcohol concentration of .08 or higher.  New Mexico also ranked out of the top 10 in all other NHTSA categories, and dropped from 9th to 18th in the rate of alcohol-involved fatalities based on 100 million motor vehicle miles traveled. 

New Mexico Governor Bill Richardson credits the improved statistics with the comprehensive and aggressive DWI initiatives that have been taken, such as increasing the amount of law enforcement officials in the counties with the highest DWI fatality rates, creating a highly visible anti-drunk driving campaign, making ignition interlock devices mandatory for first-time offenders, and increasing sanctions for bars and restaurants that habitually serve intoxicated or underage patrons.

Rachel O'Connor, New Mexico's DWI Czar, said the drop in rankings is good news for the state, and that New Mexico plans to continue moving forward in its efforts to reduce the amount of drunk driving on its streets.

For information about the DWI/DUI statistics in your state, click here to find a DWI attorney near you!

DWI (driving while impaired) is a criminal offense that is committed when people choose to drive after drinking alcohol or taking drugs that impair their coordination.  DWI is also a criminal offense that is typically committed anytime a person drives with a blood alcohol concentration of 0.08% or higher.  The legal blood alcohol concentration varies state-to-state.  However, in the majority of states, the legal limit is 0.08%.

People usually get caught driving while impaired by law enforcement after they have engaged in erratic or unsafe driving behaviors like:  speeding, ignoring traffic signals, weaving in between traffic lanes, making random stops, stopping and then speeding up or running or making wrong turns.  Once police notice these types of driving behaviors, they will have sufficient probable cause to make a DUI traffic stop.

When people have been pulled over by law enforcement for suspected DWI, they will then be asked to submit to a breath test which will determine their BAC.  In some states, breath tests are mandatory and in others people have the right to refuse.  People may also be asked to perform a series of field sobriety tests.  If people fail the breath test or field sobriety tests, they will be arrested for DWI. 

From that point on, it is imperative that they are aware of their rights and legal options as they may be facing criminal charges.  The best way for people to remain informed and protected is by hiring a skilled DWI lawyer who practices in their state of residence.

Click here to learn more about DWI!

In Pottsboro, Texas, it is reported that a DWI counselor for a program known as Crossroads Drug Offender Education was arrested for driving while intoxicated and evading police this past weekend.

When asked about the incident, Pottsboro Police Chief, Bret Arterburn said that the counselor, "could've very easily ran a stop sign or struck another vehicle head on. It could've been a very serious incident."

This past Saturday, Arterburn claims that one of his officer's stopped the man, 38 year old Keith Lang, because he was weaving in and out of traffic lanes.  Lang appeared to be intoxicated while driving on highway 120, which led to the officer pulling him over for suspicion of DWI.

Even after the officer turned his lights on, Lang continued to drive, ignoring the fact that the officer was trying to pull him over.  Finally, after 5 miles, Lang finally stopped at a local Wal-Mart.  Once arriving at the store, Lang drove around the parking lot several times before stopping his vehicle.

Lang is a counselor for a drug rehab center.  While working at the center, Lang has helped rehabilitate hundreds of DWI offenders.  So, it was quite shocking to law enforcement that he would commit DWI himself and also evade police at the same time. 

Once stopped by police, Lang refused to partake in the field sobriety tests.  Police are still waiting to get results from his breath test which will reveal his blood alcohol concentration at the time of the incident.

If you have been accused of driving while intoxicated in Texas, click here to find a DUI defense attorney that can help!

A Nebraska man was charged with DWI just hours after he bailed his 19-year-old son out of jail for the same offense.

Trevor Brown, the son, was arrested on DWI charges after police pulled him over for having a broken tail light. Brown was arrested shortly thereafter on suspicion of driving while intoxicated when police found him to be in possession of alcohol, which is illegal for people under the age of 21.  The police cited Brown for possession, which will be charged in connection with his DWI arrest.

Anthony Brown, Trevor's father, came to get his son out of jail a few hours later. According to police reports, a state trooper suspected that Anthony may have been drinking, and warned him not to drive home. The trooper saw Brown leave with Trevor, followed him, and then arrested him for driving while intoxicated.

DWI is a misdemeanor offense, punishable by up to six months in jail, fines, probation, community service, license suspension, and mandatory alcohol-awareness classes.

If you or a loved one has been charged with DWI or DUI, please click here to find a skilled DWI attorney in your area.

A Marine staff sergeant has been accused of killing two brothers after he plowed through them with his car while they were crossing the street.

James Farr has since been charged with two counts of vehicular manslaughter and one count of driving while intoxicated. However, prosecutors indicated that the charges could be upgraded depending on the outcome of an ongoing investigation.

According to authorities, Farr had a blood alcohol concentration of .21 percent, which is more than twice the legal limit. 

Farr's attorney claims the accident was unavoidable, stating that the victims darted into the street from out of nowhere.

The victims are Thomas Occhiogrosso, 27, and Joseph Occhiogrosso, 28.  Thomas was an active member of the U.S. Navy reserves, while Joseph worked as a plumber.

Farr, who pled not guilty to the charges, is currently being held without bail in a Long Island, New York jail. If convicted of the charges, Farr could face incarceration, large fines, driver's license suspension or revocation, and more.  In addition, Farr may also be ordered to pay punitive damages to the victims' family.

For more information, contact a DWI attorney near you!

A new law taking effect Sept. 1 in Texas will allow police to draw blood from DWI suspects without having to get approval from a judge.

Under the terms of the law, police can order a blood sample to be taken from a person suspected of DWI under certain circumstances, such as if the suspect is a repeat DWI offender, if the suspect caused a fatal DWI accident, or if a child under the age of 15 was in the vehicle.

Current laws require police officers seeking a blood sample of a suspect who has refused a breathalyzer test to convince a judge there is probable cause to authorize a search warrant.  The new law will allow police officers to order blood tests without a warrant.

Prosecutors are pleased with the law, and think it will deter drivers from driving while intoxicated if they know the police can sample their blood.  However, many others, including constitutional experts and DWI defense attorneys, are concerned as to whether or not the law is constitutional.

"The real problem is they've taken authority away for judicial review, and it's now at the sole discretion of the police officers," said Houston lawyer Doug Murphy, who co-chairs the DWI committee of the Texas Criminal Defense Attorney's Association.  "There are no checks and balances. Once you give police officers sole discretion, one branch of government can run amok."

Houston DWI attorney Tyler Flood agrees.

"It's a violation of our constitutional right to privacy, and right to be free from unreasonable search, and that's what this is, an unreasonable search," said Flood.

For more information about DWI laws, please click here to find a DWI attorney near you.

A New York man has been arrested and charged with DWI and vehicular manslaughter after his motorcycle ran off the road, striking and killing a man on a bike path.

According to police, James R. Ryan was driving his Harley Davidson motorcycle northbound on the Wantagh Parkway when he lost control of the motorcycle and drove off the parkway.  The 19-year-old victim was changing a flat tire on the bike path when Ryan hit him.

The victim, whose name has not been released, died of the injuries at Nassau University Medical Center.  Ryan suffered multiple injuries and remains in critical condition in the Intensive Care Unit.

An initial investigation suggests alcohol was involved, and may be a potential cause of the accident, said police.

Ryan is facing charges of DWI, vehicular manslaughter, reckless manslaughter, reckless driving, and reckless endangerment.  If convicted, he could face imprisonment, fines, probation, parole, community service, license suspension, and restitution to the victim's family.

For more information, please click here to find a DWI attorney near you.