Results tagged “charges” from DUI Lawyers & Attorneys News

St. Louis Toughens Up on DWI Laws

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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

Sen. John Kerry's Daughter Won't be Prosecuted for DUI

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Alexandra Kerry, daughter of U.S. Senator John Kerry, will not be prosecuted on DUI charges in Los Angeles.

Last week Kerry was arrested on suspicion of DUI in Hollywood, but was later released after posting $5,000 bail.

After initially refusing to submit to a breathalyzer test, Kerry was brought back to the police station.  When she finally submitted to a blood alcohol test, the results indicated her BAC was .06 percent. 

In California, it is a crime to drive with a blood alcohol concentration at or exceeding .08 percent.

However, even though the legal limit in California is .08, Kerry was still facing the possibility of prosecution for unsafely operating a vehicle.  It was also reported that she was driving with an expired registration.

A spokesman for Senator Kerry said that he supports his daughter, and has no other comments at this time.

The LA City Attorney's Office announced it's plan to drop the charges on Monday.

"We reviewed the arrest report and have declined to file criminal charges due to insufficient evidence," says L.A. City Attorney spokesman Frank Mateljan.

If you or a loved one has been arrested or charged with DUI, click here to find a DUI lawyer near you!

New Mexico Official Resigns After DUI Arrest

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Cindy Padilla, a top official in New Mexico Governor Bill Richardson's cabinet, has resigned following a drunk driving arrest.

The arrest comes just days after Padilla was appointed principal deputy secretary in the Administration of Aging in President Obama's administration. Padilla was slated to start her new position on Nov. 16, but that has been postponed at her request.  No new start date has been set.

Because New Mexico has a very strict zero-tolerance DUI policy, Richardson's chief of staff asked Padilla to submit her resignation. According to the police report, two separate chemical tests indicated that Padilla's blood alcohol concentration was .08 and .07.  The legal limit in the state of New Mexico is .08.

Padilla served as the New Mexico Secretary of Aging and Long-Term Services.  Since her Oct. 26 resignation, Michael Spanier is filling the role of acting department secretary.

Governor Richardson has made DWI enforcement a top priority in his administration, and feels allowing Padilla to maintain her position would be contradicting his stance against drunk driving and hurt his agenda.

Padilla, whose future in the Obama administration is still uncertain, is scheduled to appear at a pretrial meeting on Dec. 9.

To learn more, click here to find a DUI attorney near you!          

NBA Coach Arrested on DWI Charges

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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!

Day Care Owner Charged with DUI

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The owner of a day care center in Wichita, Kansas is facing criminal charges after she was caught driving seven children while under the influence of alcohol.

Margaret E Walker, 49, has been charged with DUI, DUI with children under 14, driving without a license, driving on a suspended license, and for not having a child under the age of four in a child restraint.

Since the arrest, Walker's day care license has been suspended and the center has been closed.

Walker has a previous DUI conviction on her record under her maiden name, Margaret Self.  She was arrested in April and eventually pleaded guilty to the DUI charges. The judge sentenced her to probation.

Police were alerted to the most recent incident when Walker came to the center and the staff noticed she smelled strongly of alcohol. But before the police arrived Walker took seven children in a company vehicle on a field trip.  She was arrested as soon as she pulled back into the center's parking lot.

If convicted Walker could be sentenced to an extended probation, fines, license suspension, mandatory DUI school, and incarceration.

Interested in learning more about DUI? Click here to find a DUI lawyer near you!

Taxi Cab Driver Arrested on DUI Charges

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Police in Florida have arrested a cab driver for driving under the influence while he was transporting two passengers.

Jose Mirelez was pulled over on suspicion of DUI after police noticed him swerving and driving on the wrong side of the road. When police approached the vehicle they could smell alcohol on Mirelez's breath. He also had blood shot eyes and failed a field sobriety test.

Mirelez, who refused a breathalyzer test, was taken into police custody. He later refused to leave his holding cell.

He now faces charges for DUI and resisting an officer without violence.

Mirelez was previously arrested in 2003 and 2006, both times for driving without a license.  It is not clear whether or not those charges will affect Mirelez's new charges.

Mirelez was driving a United Taxi company cab.  The company has yet to comment over Mirelez' arrest.  His passengers were driven home by a cab driver from a different taxi company.

Charged with DUI? Click here to find a DUI attorney near you!

Motorcyclist Faces Felony Charges after 4th DUI Arrest

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After dropping his motorcycle at least three times, a man in Port Lucie, Florida was arrested on Friday for driving under the influence.  He now faces felony DUI charges.

According to the affidavit filed with the St. Lucie County Sheriff's Office, Roger Dale Syner, 51, was arrested shortly after 8 p.m.  Syner has been charged with felony DUI and refusing a breathalyzer test, a misdemeanor.  Although driving under the influence is normally a misdemeanor offense as well, Syner received felony charges because it was his 4th DUI arrest in his lifetime and his 3rd DUI arrest in the last 10 years.

Witnesses report that Syner dropped his motorcycle three times as he speed down the Crosstown Parkway. He also appeared to be sleeping while sitting up in the median. Syner later told police that he had just enough to drink.

After passing out in the back of the police cruiser, officers woke Syner up.  He said he didn't remember what had happened that night, and that he must have blacked out.

If convicted of felony DUI charges, Syner could face up to 5 years in jail, driver's license suspension for up to ten years, vehicle impoundment, and fines totaling $1,000-$5,000.

Charged with felony DUI? Click here to find a DUI attorney near you!

Woman Charged with DWI Twice in One Night

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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!

Woman Sent to Prison After 13th DUI Arrest

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A woman in St. Croix, Wisconsin has been sentenced to four and half years in prison following her 13th DUI arrest.

Lisa K. White, 51, was arrested in June on suspicion of DUI for the 11th time in Wisconsin.  According to Barron County prosecutors, White had two previous DUI arrests in Minnesota.

When she was arrested in June, White was on extended supervision following two previous DUI convictions.  Consequently, her supervised released was revoked.  She has since been sentenced to three years in prison for one case, and one and a half years in prison for the other case.

In addition to these sentences, White still faces two counts of felony drunk driving stemming from her June arrest.  If convicted, she should face up to 25 years in prison.

For more information about the DUI penalties associated with multiple DUI arrests, please click here to find a DUI lawyer near you.

Chicago Police Officer Suspected of Making False DUI Arrests

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A Chicago police officer has been accused of allegedly making dozens of false DUI arrests.

A civil case against officer Richard Fiorito claims the veteran officer engages in a pattern of false arrests and then perjures himself in court testimony in order to rack up more than 300 DUI arrests each year, according to a report by ABC 7 news. Some of the plaintiffs also claim that Fiorito targeted them because of their race, and because they were seen leaving a bar.

Jon Erickson, attorney for the 21 plaintiffs, argued that Fiorito has an incentive to place so many people under arrest, and that it does not have anything to do with protecting innocent drivers on the road. Erickson is arguing that Fiorito is motivated by money.

"The more DUI arrests he makes, the more times he has to go to court, more times he goes to court, the more money he makes," said Erickson. 

Every time Fiorito goes to court he makes time-and-a half.

Fiorito is currently being investigated by the Cook County state attorney's office, and the grand jury has been hearing testimony from witnesses who claim Fiorito placed them under false arrest.

One of Fiorito's victims is Susan Kolinek, who was ordered by Fiorito to take a field sobriety test even though she told Fiorito that she could not follow his verbal instructions because she was deaf.

Fiorito ordered her to perform the tests anyway, and later told her, "You're not deaf, you're just drunk." Kolinek's DUI charges were later dismissed.

In a different case, Fiorito ordered a driver to perform standard field sobriety tests. Fiorito wrote in his police report that the driver was so intoxicated that he was unable to perform any of the tests.  However, video surveillance shows the driver performing one of the best one-leg stand tests Erickson has ever seen.

Fiorito's attorneys claim the allegations are "false, unfounded, and patently frivolous."

Until the investigation is complete and formal charges have been filed, Fiorito can still be found on the streets of Chicago making DUI arrests.

Criminal charges are expected to be filed soon by the state attorney's office.

For more information about this topic, please click here to find a DUI lawyer near you.

Father and Son Charged with DWI Just Hours Apart

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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.

Marine Charged with DWI and Vehicular Manslaughter

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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 habitual DUI offender in Wisconsin has been sentenced to 5 years in prison after he was convicted of drunken driving for the 15th time.

Although 50-year-old Donald Wiessinger has nine official convictions, this is his 15th DUI conviction overall.  Wiessinger was first convicted in 1976, however, a change in state law made it so only those convictions that occurred in 1989 or later count as official convictions.

Wiessenger's newest conviction stems from an arrest that occurred in October of last year, when he led police on a chase that ended when he crashed into a tree while driving a borrowed van.

Despite the fact that a teary-eyed Wiessinger told the judge that he did not want to drink anymore, the judge enforced the sentence, refusing any more treatment programs because they clearly have not been effective.

The 5-year sentence was the most Wiessinger could have received under state law.

As a result of Wiessenger's case, Wisconsin law makers are now considering tightening the state's DUI laws.

For more information about repeat DUI offenders, click here to find a DUI lawyer in your area.

Dennis D. Cretton of Illinois already has a DUI conviction and a revoked license, but that didn't stop him from getting on his 2007 Cub Cadet lawnmower and driving to a local gas station on a quest for more beer.

After neighbors witnessed Cretton weaving in and out of traffic, they notified the police, who found the 49-year-old man on his way home from the gas station.  Police tried to pull him over, but Cretton kept driving until he reached his front yard, when his 12 pack of Milwaukee's Best spilled onto the ground.  Police then asked Cretton what he was doing, at which point he admitted he went to the gas station for lottery tickets and beer.

Police arrested Cretton and charged him with felony aggravated DUI.  He was booked into the St. Clair County Jail, but was later released after posting $10,000 bail.

For more information, please click here to find a DUI lawyer 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.

Mother Injuries Child in DUI Crash

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A Chicago woman has been arrested on aggravated DUI charges after crashing into a viaduct, causing injury to her nine-year-old daughter.

Cheryl Ranae Reynolds, 48, was allegedly reaching for a bottle of alcohol that fell on the floor when she lost control of the vehicle, crashing into a viaduct.  Her daughter, who was riding in the passenger seat, was thrown forward in the crash, causing her head to smash through the windshield.

The girl was taken to the hospital and is reported to be in serious, but stable condition.

Reynolds now faces charges for aggravated DUI, and was ticketed for reckless driving, not having a valid driver's license, failing to wear a seat belt, and operating an uninsured vehicle.

If Reynolds is convicted of the charges, she stands to face imprisonment, fines, license revocation, and mandatory DUI school.

For more information about DUI laws, please click here to find a DUI lawyer in your area.

NY Man Sentenced to One Year in Jail for 6th DWI Conviction

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A man in Auburn, New York has been sentenced to one year in Cayuga County jail for driving while intoxicated. Joel Gusman, 45, has six prior DWI convictions on his record from over the past 24 years, five of which occurred during the last ten years.

In addition to serving one year in jail for drunken driving, Gusman will also be required to serve another year in jail for violating the terms of his probation for a previous DWI conviction. His second year-long jail sentence will immediately follow the first.

At the time of Gusman's most-recent DWI arrest, he was just a few weeks shy of completing a five-year probation sentence for a DWI conviction in 2003.

Judge Thomas Leone stated that Gusman's DWI record "boggles (his) mind," and that Gusman has a serious drinking problem that need to be addressed.

Gusman acknowledged the judge's comments, saying "I am an alcoholic."  

In addition to the jail sentence, Gusman is also required to pay a $2,500 fine and $270 in court surcharge fees. His driver's license was also suspended for 18 months.

Click here to contact a DWI lawyer near you! 

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