In recent years, the ignition-interlock system has gained prominence as a practical tool to prevent and penalize DWI offenses. Those ordered to use the device must test their blood alcohol level using the machine’s built-in Breathalyzer, which will shut down the vehicle’s engine if the individual’s alcohol level is above the predetermined limit.
]]> As more pieces of state and federal legislation adopt the use of interlock devices to address drunk driving issues, system manufacturers see an increase in business and revenue. In fact, some legislatures are concerned that those in the ignition-interlock industry may have too much influence over the policy-making process.One obvious issue to many is that interlock systems can be unreliable and inaccurate. Industry reports have shown that false readings can be renders by various factors. Such inconsistent results can have costly consequences, as users must pay to have their machines reset. In some cases, victims of false readings may also be forced to use the machines longer.
The demand for ignition-interlock programs continues to increase as state and federal laws laud the use of such technology. And at the same time, industry heads lobby, campaign and contribute to the composition of new, pro-interlock device legislation.
Source: The News Tribune, “DUI laws have interlock companies ‘salivating,’” Brian M. Rosenthal, May 29, 2013
]]>The bishop recently pleaded not guilty to the majority of misdemeanor charges against him, including leaving the scene of an accident and DUI. Though, he did plead guilty to refusing to take a breath test. For that offense alone, the bishop must enroll in an alcohol education course, perform community service, have his driver’s license suspended for six months and pay almost $1,000 in fines.
The police report notes that the responding officer feared the bishop was unstable during the sobriety test. It is still unknown what type of sentence he may face for leaving the accident if he is found guilty.
In regards to his standing in the Catholic Church, it is unclear what type of punishment, if any, the bishop might face. Those familiar with Vatican policies note that issues involving prelate conduct are typically addressed individually. Three entities will review the bishop’s case; though, he is unlikely to be removed from his post.
Source: The Boston Globe, “Drunken driving charges unlikely to cost Worcester bishop his post,” Lisa Wangsness, May 27, 2013
]]>The defendant sustained serious injuries in the single-vehicle crash. Sadly, the youngest victim passed away as a result of his injuries in the hospital a week later. The child’s mother, also a university student, died before she could be taken to the hospital.
]]> Authorities claim that the defendant had been driving at high speeds at the time of the early morning accident. His blood alcohol level tested well above the legal limit; though, it is unclear how or when that test was administered. It is also not stated why all three people were in the vehicle at the time.In cases where the defendant freely chooses to accept responsibility for his or her actions, it is incredibly important that they do so under the legal support and guidance of a well-informed and experienced attorney. Often times, defendants may feel guilty even though they are not actually at fault. Furthermore, appropriate and fair sentencing can depend on a defendant being represented by an attorney that has their best interest at heart.
Source: SFGate, “UC student faces prison in DUI deaths,” Henry K. Lee, May 16, 2013
]]>The current federal standard for the maximum legal blood alcohol level has been in place for more than 20 years now. Some states do have different policies, but most recognize a blood alcohol content level of 0.08 as being the highest allowable reading. Since that measure was passed, along with other pieces of DWI-related legislation, the national number of drunk driving fatalities has dropped considerably.
]]> The NTSB contends, though, that more can be done to protect the public from preventable DUI accidents. The primary recommendation offered by the federal agency is to lower the legal blood alcohol limit to 0.05. Depending on a person’s weight, that could put many woman over the limit after consuming only one drink and some men over after consuming two.Other suggestions include everything from promoting the use of alcohol ignition interlock devices to passive alcohol tests to installing technology in all vehicles to read drivers’ alcohol levels.
Many of the policies the NTSB promotes involve the greater use and development of technology to monitor drivers’ blood alcohol levels. That is a troubling prospect because existing technology is known to fail and/or deliver false readings. Similarly, lowering the legal limit so drastically may leave capable drivers vulnerable to drunk driving accusations.
Source: Source: foxnews.com, “One drink DUI? Feds want lower threshold for drunk driving,” May 14, 2013
]]>The incident in question resulted in the indictment of one police officer on 14 charges by a grand jury. The officer had orchestrated a false DUI case against one man, accusing him of driving recklessly and refusing a breath test. Fortunately for the victim in the case, it was later discovered that the officer had indeed made up all of the claims. The victim’s innocence and reputation were restored, but not before he was forced to endure public and legal scrutiny.
]]> Just like in the case mentioned, thousands of people are arrested for being suspected of drunk driving without law enforcement having to offer any real proof. In fact, suspects are often forced to submit to breath tests even though doing so violates their Fifth Amendment right. Another troubling caveat of the law prohibits DUI defendants from having a jury trial in many cases.It seems that when it comes to legislation addressing drunk driving, the law may be working against citizens. By subjecting individuals to groundless accusations and infringing upon their constitutional rights, the legal system does not recognize being innocent until proven guilty.
Source: nj.com, “Assemblyman’s case shows the flaws in DUI laws,” Paul Mulshine, May 7, 2013
]]>The Solinas police officer was off duty when he allegedly lost control of his motorcycle. Fortunately, no other vehicles were involved in the accident and the officer only sustained minor injuries. Upon responding to the scene, law enforcement apparently suspected that the officer had alcohol in his system.
]]> The officer was arrested and transported to the California Highway Patrol office, where a blood alcohol test was administered. While the exact results of that test are not given, law enforcement did confirm that the officer failed. Neither a field sobriety test nor a Breathalyzer test were given to the officer at the time of the incident.After being cited for drunk driving, the officer was released. He is now on unpaid administrative leave. It is interesting to note that the police department has not released the officer’s name because of his current assignment. Therefore, he has yet to face charges from prosecutors.
Some concerns about whether or not the police officer was offered preferential treatment by law enforcement are already coming forward. Though, it is too early to tell how his position in the police department may be affected by his case.
Source: montereyherald.com, “Solinas police won’t reveal name of officer suspected of DUI,” Virginia Hennessey, April 30, 2013
]]>Discussing their latest judgment on requiring law enforcement to seek warrants before submitting suspects to blood alcohol tests, one Supreme Court justice agreed that there are instances where law enforcement do have the legal justification for issuing a blood test without first having a search warrant. Though, given that officers have multiple resources at their disposal to obtain warrants in a timely fashion, they have an obligation to make the effort.
]]> The U.S. Supreme Court’s ruling recognizes that forcing a DUI suspect to submit to a blood alcohol test against their will does infringe on their privacy, and therefore may violate their Fourth Amendment right if law enforcement do not follow protocol to first obtain a warrant.This federal decision was prompted after one case led to a great deal of confusion and controversy. In 2010, a police officer forced a suspect to submit to a blood alcohol test even though he never attempted to get a warrant.
Protecting suspects’ Fourth Amendment right in these types of cases is integral to upholding the foundation of the American legal system. This ruling also serves as a welcomed reminder that everyone must be treated equally under the law.
Source: Washington Post, “Supreme Court limits warrantless blood tests for drunken driving suspects,” Robert Barnes, April 17, 2013
]]>According to one California Supreme Court ruling, someone can face allegations of second-degree murder if they are suspected of causing a fatal DUI accident. This is especially true for anyone that was already convicted of a DUI-related crime.
]]> A man was recently arrested for his alleged involvement in a collision that took the life of a bicycle rider. Instead of charging the defendant with vehicular manslaughter, law enforcement opted to arrest him on a felony charge of vehicular homicide. Apparently, the defendant was placed on three years' probation for a misdemeanor DUI conviction six years ago.Even though he did leave the scene of the accident, the defendant did call in to report the incident to law enforcement shortly after it happened. He is accused of striking a man with his vehicle while the victim was riding a bicycle. The victim did not survive the accident. In addition to vehicular homicide, the defendant faces three other felony charges.
With the more severe felony charge may come a harsher sentence if the defendant is found guilty of causing the accident. It is unfortunate that one past victimless crime may affect the outcome of this unrelated case.
Source: mydesert.com, "Charges filed in fatal crash," April 17, 2013
]]>The boy's attorney claims that he is very remorseful over what happened and is currently in a county jail under protected custody. His bail was set at more than $3 million. While he did recently appear in court, the defendant hasn't yet offered a plea for the multiple charges he will soon face.
]]> According to investigators, the boy was drinking and driving when he struck a van carrying seven people from behind. Five of the people inside the van died and two others were injured. The defendant allegedly later claimed responsibility for causing the accident, according to law enforcement. Though, it unknown if the passenger in his vehicle could have contributed to the incident.The teenage boy has been charged with two misdemeanor offenses for driving with no license and speeding. He has also been accused of seven felony charges relating to DUI leading to death and/or injury.
Following the accident, the defendant was remanded to a California juvenile rehabilitation center. However, authorities claim he escaped the facility soon after entering.
If the young defendant does plead not guilty to the charges against him, he will likely face trial proceedings. Given that he appears to understand and regret his potential involvement in the accident, the defendant may have the opportunity to agree to some sort of plea agreement.
Source: ABC News, "Teen Faces 7 Felony DUIs in Fatal Nevada Crash," Ken Ritter, April 11, 2013
]]>An elderly Palo Alto man was recently charged with DUI and arrested, even though it is not stated that law enforcement administered any alcohol test at the time of the incident. He is accused of striking a pedestrian and a house with his car.
]]> The house is said to have sustained significant structural damage. Though, it was already slated to be destroyed within days of the accident. The residents were eventually given permission to enter the structure to collect their things.The victim in the accident had been apparently standing in front of the house when he was hit by the defendant's car. He was treated for moderate injuries at an area hospital.
The suspect did not leave the scene of the accident and appears to have cooperated with law enforcement. It is known why they suspected him of driving drunk.
If there is no substantial evidence that the suspect had an illegal concentration of alcohol in his system at the time the accident occurred, the charges against the man may be dropped. Quality legal representation can also help to guarantee that all other potential factors are considered in cases like this.
Source: abclocal.go.com, "Driver arrested for DUI after driving car into house," April 3, 2013
]]>According to prosecutors in the case, the defendant caused a tragic accident after drinking a large amount of alcohol. They claim that 24 beers were consumed between the defendant and a friend before the incident. Though, it is not stated how many beers he drank specifically. Given that he received multiple felony convictions, the man could potentially face a 16-year prison sentence.
]]> The incident occurred when the young man apparently struck three people walking in a crosswalk. Two of the victims were children and the other was their mother. The one child, a young boy, died as a result of his injuries.The man is accused of ignoring a stop sign before hitting the family. However, it is not known if other factors could have contributed to the accident. It is also not stated if and how the defendant was identified in the crash.
Sadly, everyone involved in this fatal accident can be considered a victim. The man currently awaits sentencing, and will likely face a term in prison. And while he cannot take back anything that happened on that day, he can be responsible for his actions from this point on.
Source: SFGate, "OC man convicted in DUI death of 2-year-old boy," March 28, 2013
]]>One young San Francisco woman was arrested on felony DUI charges for allegedly causing injuries to some of the passengers in the car she was driving recently. One of the female passengers was identified upon leaving the car after the accident, and law enforcement are looking for two of the male passengers that also left the scene. Two other females in the car sustained injuries and required medical treatment.
]]> The young woman allegedly responsible for the one-vehicle crash had only been driving with a license for 8 days. She is suspected of hurting others in the car and driving under the influence of alcohol. As the driver, she may be held primarily responsible for the accident; though, it is not yet known if one or several of the passengers may have contributed to the incident.While alcohol may have been a factor in this case, certainly youth and inexperience could be culprits as well.
Source: Contra Costa Times, "Eight days after getting driver's license, San Francisco teen arrested for DUI," Paul Liberatore, March 18, 2013
The defendant in the case is an ex-CHP officer who worked for the state for almost 20 years. Since the accident that occurred in early 2012, the defendant lost her home and job, and now faces 180 days in county jail. In addition to being on probation for three years, the woman has yet to learn what damages she will owe the victims in the accident.
]]> Fortunately, the multi-car accident did not result in any fatalities. Two drivers in two different vehicles were involved. Both drivers claim that their lives have been negatively affected by the incident. It is estimated that the woman's blood alcohol level was almost two times higher than the legal limit.Given her many years of service to the state of California protecting public safety, the defendant in this case surely understands the gravity of her actions. As such, she did not contest the charges against her and is expected to serve out her jail sentence and probation time.
Source: redding.com, "Former CHP officer gets jail time, probation in felony DUI case," Sean Longoria, March 12, 2013
]]>The man in question awaits a preliminary hearing conference set to take place at the end of March, 2013, for his involvement in an accident that occurred at the beginning of the month. He is still in custody pending bail. While prosecutors claim that he already confessed to having alcohol in his system at the time of the incident, the man's blood alcohol level was only slightly above the legal limit when he was tested.
]]> The man is being held on felony DUI and vehicular manslaughter charges for allegedly fatally wounding a teenage pedestrian with his vehicle late at night. However, it is not known if the victim was crossing the street properly or may have been jaywalking. The level of street lighting and visibility is also not noted.Given that so few details of the accident have been provided, it is impossible to accurately speculate about the man's role in it. The tragedy of this accident cannot be overstated. After all, there may very well be two victims: the teenager that lost her life and the man accused of taking it.
Source: abclocal.go.com, "Alleged DUI driver pleads not guilty in San Francisco teen's death," March 8, 2013
]]>The San Francisco environmental lawyer's license may be revoked, since a state bar judge has found that his involvement in a fatal DUI accident illustrates his ignorance of the law. The judge's recommendation must be supported by the California Supreme Court before the man can actually be disbarred, and he has the right to challenge the judge's findings.
]]> The lawyer is accused of striking an elderly pedestrian with his car as he was driving in a private community. He was allegedly found by law enforcement later on and was administered field sobriety tests, which he failed. As a result, the man was accused of and pleaded guilty to one charge of DUI vehicular manslaughter.While he will not face time in prison, the man's sentence includes community service, monitored detention at home, and three years' probation time. The most severe punishment for his actions, however, may be the possibility of losing his livelihood and reputation.
Source: SFGate, "Lawyer could lose license over DUI death," Henry K. Lee, Feb. 27, 2013
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