Results tagged “drunk driving” from DUI Lawyers & Attorneys News

Man Found Guilty of DUI Manslaughter in Santa Rosa County

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This past Tuesday, 28 year old Joseph Ronald Stewart was found guilty of DUI manslaughter by a Santa Rosa County jury.  He was also convicted of two counts of DUI with serious bodily injury.

Stewart is from Navarre and according to witnesses he was fleeing a crash that occurred on Highway 98.  While fleeing the scene of the accident, he crashed into Bartholomew Cole, a Gulf Breeze resident.  Bartholomew was killed upon impact and his wife, Jennifer, and Joel E. Rodriguez were both injured.

Gerald Ward, a Life Guard Paramedic Supervisor, pronounced Cole's death at 3:22 AM.  FHP reports indicate that Stewart had been driving east bound when he approached the Mossy Oaks Drive Intersection, applied the brakes and veered left to avoid collision with Cole.  

At the time of the crash, Cole was trying to complete a left turn in his 1996 Chevy when Stewart hit his vehicle.

If you have been charged with DUI manslaughter, click here to find an attorney that handles DUI cases in your city.

Man with Child in Car Charged with DUI in Reno

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Reno, Nevada - police report that they recently arrested a woman for driving under the influence (DUI) while a child was in her vehicle.  Officers say that it is the sixth time in the past few weeks that they have arrested a drunk driver with a child in his or her car.

Angelica Godinez, resident of Antioch, California, was arrested this past Monday.  Prior to her DUI arrest, she led officers on a short chase while a10 year old child was sitting in her minivan.  The child was the daughter of a passenger in the vehicle.

According to the Nevada Highway Patrol, officers pulled Godinez over at 9:20 PM.  When they approached her, she failed to slow down and almost crashed into one of the officers' vehicles.

Godinez' license was previously revoked from a prior DUI conviction.  Police booked her on suspicion of failure to yield to an emergency vehicle, eluding an officer child endangerment, multiple DUI and driving on a revoked license. 

If you have been charged with DUI, click here to find an experienced DUI defense lawyer!

Son of NFL Coach Charged with 2nd DWI

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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!

Sobriety Checkpoint Officer Charged with DUI

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A Pennsylvania police officer whose job duties included supervising sobriety checkpoints has been arrested and charged with drunk driving.

On December 17, Cpl. John Quigg of the Pennsylvania State Police was off-duty when he lost control of his vehicle. Police later found the vehicle resting against a guard rail with Quigg slumped over at the wheel.  Fortunately, no other vehicles were involved.

Quigg was taken to a nearby hospital, where a blood test was conducted. The results of that test are not yet available.

Quigg now faces multiple charges, including careless driving, driving under the influence of a controlled substance, and driving with an open container of alcohol.

For now, he has been placed on administrative duty at the Philadelphia Barracks pending an internal investigation and the adjudication of the charges. During this time he will be behind a desk doing paperwork.

A preliminary hearing has been set for February 5th.

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

Wisconsin Governor Signs Bill for Tougher DUI Penalties

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Wisconsin Governor Jim Doyle has signed a new law calling for stricter DUI penalties.

Senate Bill 66, which passed unanimously in both houses of the state legislature, was created to toughen the state's current DUI laws, which many lawmakers feel haven't been up to par compared to other states. Under the new law:

·         A fourth or subsequent DUI will be considered a felony

·         An ignition interlock device will be required for all second offenders or first time offenders with high blood alcohol concentration levels

·         Stricter penalties will apply to first-time offenders found driving with a minor under the age of 16 in the vehicle

·         Mandatory treatment and counseling

According to state Rep. Penny Bernard Shaber (D-Appleton), the goal of the legislation was not only to strengthen the existing DUI laws, but to also prevent drunk driving and related problems by "stopping the first-time offender, with ignition interlock devices, and by providing treatment right up front, so we can stop them."

To learn about the drunk driving laws in your state, click here to find a DUI attorney near you!

East Valley Beefs Up DUI Patrols Over the Next Few Weeks

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An article from Azcentral.com warns drivers that the Chandler Police Department, along with other agencies, plans to beef up DUI patrols over the next few weeks in the East Valley area.  Every night, 125 officers will roam the streets looking for people driving under the influence.

With help from the Maricopa County Sheriff's Department, the Arizona Department of Public Safety, and the Gila River and Salt River police departments, the patrols will occur in different areas of the East Valley each night.

Upping the amount of police patrols may be in response to the number of people killed in alcohol-related crashes last year. According to the Governor's Office of Highway Safety, of the 849 people killed in auto accidents in Arizona last year, 34 percent of those people were killed in accidents in which alcohol levels were above the legal limit. This number was in spite of the fact that last year's DUI task force arrested 1,629 people over the same 15 day period.  Of that those arrests, 414 were extreme DUIs, 120 were aggravated DUIs, and 260 were drug-related DUI cases.

Law enforcement officials hope that this year people will be smart enough not to drink and drive, but if they do, they will be out there to catch them and place them under arrest.

If you or a loved one has been arrested for drunk driving, click here to find a DUI attorney in your area!

Maryland Sees a Decline in Fatal DUI Accidents

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A new study shows that deadly drunk driving crashes are down in the state of Maryland. The study also indicates that Maryland has one of the lowest DUI fatality rates in the country.

According to the study, the number of DUI fatalities decreased by 12.5 percent.  In 2008 there were 152 fatal DUI accidents in Maryland compared to 178 DUI fatalities the previous year.

Greg Shipley of the Maryland State Police said, "There are 24,000 DUI arrests in Maryland per year. That's 2,000 per month. That's 500 drunk drivers out there each week somewhere in the state of Maryland who got arrested."

The reason for the decline?  Police are crediting DUI education, alcohol treatment programs, and heavy police patrols.

But despite the recent decline, members of MADD (Mother Against Drunk Driving) want to remind people that the state still has a long way to go.

"We've got to be taking serious action and there have to be serious consequences when you commit this crime, so that we see that number drastically lowered," said Carolina Cash of MADD.  Cash reinforced that 152 deaths is still 152 deaths too many.

To learn about the DUI accident statistics in your state, please click here to find a DUI lawyer near you!

Amish Man in Horse & Buggy Arrested for DUI

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An Amish man in Pennsylvania was arrested for DUI on Sunday night after police officers found him asleep in his horse and buggy carriage.

22-year-old Elmer Stoltzfoos Fisher was discovered slumped over in the buggy with the reins still in his hands. The carriage was being drawn by a single horse that had gone astray.

East Lampeter Township police were notified after an officer from a neighboring town found the buggy straddling the road's center line and moving at slow speeds, not much faster than a walk.

Police pounded on the buggy's door when they approached the vehicle until Fisher woke up.  According to the officers, Fisher smelled of alcohol and his eyes were bloodshot and watery.

A breathalyzer test recorded Fisher's BAC at .18 percent, double the legal limit. He was then arrested and charged with DUI.

Have you been charged or arrested for drunk driving? Click here to find a DUI attorney in your state!

What You Should Know About Field Sobriety Tests

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Field sobriety tests are roadside tests that challenge the physical and mental coordination of those suspected of driving under the influence. These tests were designed to determine whether or not a person has the control, concentration, and ability to safely operate a vehicle.

While the intention behind these tests is good, in reality these tests can be very inaccurate in determining whether someone is actually too intoxicated to be driving. There are a number of factors that could cause someone to perform poorly on a field sobriety test, even if they weren't drinking, such as:

·         Weather conditions

·         The conditions on the side of the road

·         The type of footwear the driver is wearing

·         If there are headlights distracting the driver

·         If the driver naturally lacks coordination

·         If the driver has a pre-existing disability or illness

·         If the police officer gave poor instructions

·         If the police officer administered the tests wrong

Find a DUI Attorney

If you or a family member has been charged with DUI or DWI after performing one or more field sobriety tests, it's best to consult an experienced DUI defense attorney right away. There are many defense strategies an attorney can use to help you fight your charges and question the validity of your test results. In addition, an attorney may also be able to recover evidence that can be used to get your charges reduced or dismissed completely.

Have you been arrested on DUI/DWI charges? Click here to find a DUI lawyer near you!

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 Man Charged with DWI Despite Not Actually Driving

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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!

Illinois Fire Chief Charged with DUI

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In Sauget, Illinois, the southwestern Illinois village's fire chief, 48 year old Roger Thornton, was recently charged with driving under the influence (DUI).  This past week, he was sentenced with two years of probation by a local criminal court.

According to reports, Fire Chief Roger Thornton was drunk driving in a SUV owned by the village when he crashed into a concrete pole.  After crashing, he was stopped by law enforcement who arrested him and later pressed criminal charges.

Thornton and his attorney were able to reach a plea bargain with prosecutors.  Under the deal, Thornton will have to pay a $3,000 fine.  He will also have to attend alcohol counseling.  The judge presiding over his case said that if Thornton did not incur a second DUI in the next 2 years, his conviction would not be shown to the public nor would his license be revoked.

Prior to this recent incident in October, Thornton had no DUI charges.  He told the press that he made "a grave error in judgment".  He also apologized to all people that were involved.

If you have been charged with DUI in Illinois, click here to find a drunk driving defense lawyer!

New York Cop Pleads Not Guilty to DWI & Vehicular Manslaughter

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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!

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!          

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!

Westchester County Adopts DWI/DUI Vehicle Forfeiture Laws

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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!

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!

Find a DUI/DWI Attorney Near You

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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:

 

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