Suspected DUI Driver Rockets Down Interstate the Wrong Way, Nearly Kills 20 Year Old Woman

Driving under the influence is never the right way to travel, and sometimes that lesson is quite literally true. Even an experienced Los Angeles DUI attorney could have difficulty making a case for someone who decides to drive along an interstate highway while under the influence—especially when that driver is headed in the wrong direction.

According to the Illinois News Gazette, police officers managed to stop 60-year old Michael Jay Nolan from driving west in the eastbound lanes of Interstate 74 in Champaign County. The alleged DUI driver had traveled five miles in the wrong directions, from Ogden to St. Joseph, before a sheriff’s deputy was able to get his pickup truck to stop.

Considering the distance that Nolan covered, it’s fortunate that he forced only two drivers off the road during his wrong-way drive. A 20-year-old woman, Ashley Lurry, ended up in the median after meeting up with Nolan in her Chevrolet Cobalt. She and her passenger received treatment for minor injuries at a nearby hospital.

A Toyota Camry driven by 61-year-old Denise Chestnut landed in a ditch after swerving to avoid a head-on collision with Nolan’s truck. Although her Camry may never be the same—and Chestnut will probably never forget the sight of the headlights coming towards her on an expressway—she wasn’t injured.

Police were able to stop Nolan about 15 minutes after they received the first calls from frantic motorists alerting them to the problem. Nolan received tickets for illegal transportation of alcohol and improper lane usage—not his biggest problems, since the police also charged him with DUI.

One thing that Nolan and the two other drivers did right, however. According to the paper, all of the people involved had buckled up before they hit the road.

Locating a seasoned and qualified Los Angeles DUI defense lawyer is a critical part of the process of reclaiming your life, your time and your peace of mind. Call ex-prosecutor Michael Kraut for a free consultation right now.

Call attorney Michael Kraut at (323) 464-6453 for help if you’ve been stopped for DUI in Los Angeles. Or Contact our team online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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New Jersey woman charged in crash with alleged drunk driver

On Jan. 29, the Hudson County Sheriff's Office indicated a woman from Clifton has been charged in connection with a fatal car accident that claimed the life of a Jersey City man in December. The 33-year-old surrendered to authorities on Jan. 26.

According to the sheriff's office, the defendant was intoxicated and driving well above the speed limit when her 2008 Toyota Highlander struck a 2002 Acura in West New York the night of Dec. 6. The 27-year-old Acura driver was also believed to have been drinking that night. Authorities said he lost control of his car while driving east on Hillside Road/Defino Way and crossed the center line, crashing into the defendant's Toyota.

The impact was so severe that the Acura smashed through a fence and slammed into the side of a mountain. The driver had to be cut from his vehicle by emergency workers, and he later died at Jersey City Medical Center.

While toxicology reports are pending for the decedent, investigators said the defendant's speed and intoxicated state were largely to blame for the severity of the crash. She was allegedly driving 57 mph in a 25-mph zone and had a blood alcohol content level of .10 percent. She has been charged with vehicular homicide, DWI and reckless driving.

Drunk driving charges, especially those connected to a fatal car accident, can result in severe penalties for those who are convicted. Anyone facing similar charges may wish to obtain a criminal defense attorney to vigorously fight the allegations in court. An attorney could review the evidence for weaknesses or inconsistencies and recommend appropriate defense strategies. In some cases, it may be advisable to negotiate a plea deal that reduces the most serious charges in exchange for a guilty plea.

Source: NJ.com, "Drunk driver charged in death of Jersey City man, authorities say," Kathryn Brenzel, Jan. 29, 2015

Tags: penalties

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Los Angeles DUI Community Saddened as Redondo Beach Driver Kills Three After Taking Prescription Drugs

Los Angeles DUI accidents can claim lives at any time; an awful crash in Redondo recently killed 3 Californians and injured many more.

According to reports, twelve people suffered injuries, when a woman crashed into a group of Christmas concert-goers in a Redondo Beach church last December. Margo Bronstein had been exiting St. James Catholic Church when she slammed into pedestrians leaving the concert. Three people died; two suffered bad injuries; and seven others suffered minor injuries.

Bronstein, a paraplegic, had a spotless driving record, but she had been taking medication that day. Her car had been outfitted with various technology to assist her driving. She had hand brakes on the steering wheel and special rear-view mirrors.

Police might charge Bronstein with felony DUI and vehicular manslaughter. Her attorneys have been urging the public to avoid jumping to conclusions about the accident. It is possible, they argue, that a defect in the hand brakes could have contributed to the accident.

If Bronstein’s lawyers can prove that the incident had been an accident — and that medication had not been to blame – perhaps they can fight or eliminate the charges. Her medications included muscle relaxers and other pain relievers to help her cope with chronic health issues.

Accidents involving prescription drugs can still be charged as DUIs, and the consequences of even non-injury stops can include jail time, license suspension, fines and fees and beyond. If a blood or urine test measures a drug’s present in the bloodstream, a conviction could follow.

What should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.

Did police stop you for driving under the influence in Los Angeles? Contact DUI defense attorney Michael Kraut for assistance at (323) 464-6453 or online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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Actress Jennifer Lopez Survives a Scary Collision with DUI Driver in Malibu – Driver Faces Charges

This blog spills plenty of virtual ink about celebrities arrested for Los Angeles DUI. But celebrities can be victims in DUI crashes as well.

Consider, for instance, the harrowing recent ordeal of Jennifer Lopez, who survived a collision with an allegedly DUI driver in Malibu in September… with her children in the vehicle.

Prosecutors just charged 53-year-old Robert John Reitz, a Las Vegas man, with slamming her Rolls Royce from behind with his pick-up truck at a stoplight. Prosecutors hit him with a variety of counts, including driving nearly two times the limit for DUI in California (0.08% BAC, as defined by California Vehicle Code Section 23152). A conviction could lead to a $1,000 fine as well as six months behind bars. Lopez was not driving the Rolls Royce at the time; Leah Remini, another actress, was behind the wheel.

Although the crash occurred back in September, it took over three months before Reitz’s arraignment.

Lopez’s situation highlights an important aspect of DUI cases that’s rarely discussed, and that’s that DUI cases can take a long time to play out in the courts. That waiting can feel interminable for defendants (and their families).

Especially if you stand accused of complex charges that involve significant property damage or accusations that you hurt another person, your legal “fireworks” could last for months if not longer. Fortunately, you don’t have to go through this alone. To prepare effectively and strategically, call a qualified Los Angeles DUI defense lawyer with the Kraut Law Group today to get insight into your potential options. In addition to having served as a prosecutor of DUI crimes for nearly a decade and a half, Mr. Kraut maintains excellent relationships with diverse stakeholders in the Los Angeles DUI discussion, including prosecutors, judges and police officers.

Call attorney Michael Kraut at (323) 464-6453 for help if you’ve been stopped for DUI in Los Angeles. Or Contact our team online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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$100 for Reporting a Drunk Driver

It goes without saying that there are more drunk drivers on the road during the holiday season. Some counties like those in Southern California are increasing patrols and DUI checkpoints. Palm Beach County, however, is offering a $100 reward for reporting a drunk driver as part of its holiday DUI crackdown.

“It gives law enforcement additional eyes on the road,” said the spokeswoman for the Safety Council of the Palm Beaches, Donna Bryan. “Everyone should have an interest in getting impaired drivers off the roads because it could be someone who hits your loved one.”

Palm Beach’s Mobile Eyes program has been operating since 2001 and has reportedly led to hundreds of DUI arrests. But recently, the program was promoted as a way to earn a little extra holiday cash this season.

To most this seems like a win-win situation. Drunk drivers are taken off the road and the person responsible for the arrest earns themselves $100 for the holidays.

So what’s the problem with rewards for reporting drunk drivers?

I’m sure Palm Beach County officials report exactly how many actual drunk drivers are arrested as a result of the program. But I highly doubt they report how many innocent people were stopped and investigated for a possible DUI as a result of the program.

Although well-intentioned, the program encourages people to call 911 on drivers who may or may not be driving drunk simply because there is the possibility of receiving $100. And, what’s more, these people have absolutely no personal knowledge that the driver is actually drunk.

Unfortunately, people are not reporting drunk driving. They’re reporting driving errors, any of which can be interpreted as drunk driving. Everybody makes mistakes while driving. In fact, it might be fair to say that no driving excursion is flawless. This necessarily means that everyone on the road is a target of Mobile Eyes and anyone can be arrested on suspicion of DUI simply because someone else could make $100 for reporting a mistake.

Ok, so someone calls 911 to report a possible drunk driver. Does the tip give law enforcement the right to stop a driver when the officers, themselves, saw nothing to indicate that the driver is driving drunk?

According to the United States Supreme Court, the answer is yes.

In the case of Navarette v. California, the United States Supreme Court held that an anonymous tip gives law enforcement the authority to pull someone over on suspicion of driving under the influence. This is true even though it is impossible to verify the reliability of the tip and the officer has not witnessed any driving that would indicate intoxication.

In his dissent, Justice Scalia voiced the same concerns I expressed above:

“Drunken driving is a serious matter, but so is the loss of our freedom to come and go as we please without police interference. To prevent and detect murder we do not allow searches without probable cause or targeted Terry stops without reasonable suspicion. We should not do so for drunken driving either. After today’s opinion all of us on the road…are at risk of having our freedom of movement curtailed on suspicion of drunkenness, based upon a phone tip, true or false, of a single instance of careless driving.”

After the Navarette decision, not only is it acceptable to assist law enforcement in violating the Constitution, now in Palm Beach County, we’re actually rewarding people for doing so.

This entry was posted on Monday, December 22nd, 2014 at 12:44 pm and is filed under Duiblog. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.

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New Jersey driver faces DWI charge

A two-vehicle accident in Wall Township occurred on Nov. 22, and one driver faces charges for driving while intoxicated and assault by auto. A 47-year-old woman, who is from Atlantic Highlands, reportedly struck another vehicle with her car on Route 34 at about 8:34 p.m.

The authorities said that the woman traveled from Interstate 195 to Route 34 and collided with another car that was already on Route 34. She was released from police custody after being charged, and the driver of the other vehicle reportedly suffered minor injuries and received treatment at Jersey Shore University Medical Center in Neptune.

The northbound lanes of Route 34 were closed for around 30 minutes while authorities investigated the accident. Wall First Aid and the Glendola Fire Department also responded to the wreck, and both vehicles needed to be towed from the crash site.

When someone is charged with DWI, the authorities must collect evidence that supports their suspicions of impairment. While the reasons this woman faces a DWI charge is unknown, police might conduct tests when suspecting someone of drunk driving. While field sobriety tests are not considered scientifically valid evidence, they can still be used in court. However, drivers who refuse chemical testing face potential license suspension.

Even those who have never been charged with a DWI before face harsh consequences if convicted. In addition to a criminal record that may make future employment difficult, a DWI conviction may result in fines, jail time or the required installation of an ignition interlock device at one's own expense. Contacting an attorney might be necessary to avoid DWI charges.

Source: Asbury Park Press, "Atlantic Highlands woman charged with DWI in Wall crash", Jean Mikle, Nov. 22, 2014

Source: NJ.com, "Atlantic Highlands woman charged with DWI in Wall Township crash", MaryAnn Spoto, November 22, 2014

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New Jersey Intoxicated Driver Program for DUI convictions

Any time a person is convicted of DUI, New Jersey law requires that the individual complete an Intoxicated Driver Program at an Intoxicated Driving Resource Center. Those who are convicted and need addictions treatment but are unable to afford it may be eligible for funding from the Driving Under the Influence Initiative.

The IDP is a program that provides interventions for people who are convicted of DUI of alcohol or drugs. Every county of the state has an IDRC for persons who are convicted for the first and third time while every region has centers for people who are convicted for the second time.

The IDRCs detain, teach and screen the convicted drivers to determine whether they need additional treatment for addiction. During the educational phase, the individuals attend courses about highway safety and alcohol. The centers also provide recommendations to the Motor Vehicle Commission on whether to suspend or restore the individuals' licenses.

If after a clinical assessment the convicted drivers need addiction treatment, they must complete a treatment over a minimum of 16 weeks. The DUII provides financial assistance to those who are poverty-stricken and meet the financial eligibility limitations. This is a $7.5 million fund set aside to reduce the chances of the drivers returning to New Jersey roads while drunk driving. More than 6,500 residents receive financial help through this fund every year.

When an officer thinks that someone pulled over for a traffic stop could be intoxicated, the officer is likely to conduct field sobriety tests, chemical tests or both. Drivers who are detained and charged with DUI may seek the guidance of a lawyer to get the charges dismissed or at least negotiate a plea bargain to get the penalties reduced. If a plea bargain is agreed upon, the drivers could still be required to participate in an IDP.

Source: State of NJ Motor Vehicle Commission, "DUI: Driving Under the Influence", September 26, 2014

Tags: penalties

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DUI Charges Dismissed for Driver Who Ran a Yellow Light

I’m always pleased when I read about the court and prosecutors recognizing that police must adhere to the Constitution in investigating crimes. I can say with first-hand knowledge that this, unfortunately, is a rare occurrence for many individuals arrested on suspicion of DUI. Jesse R. White of Charleston, Illinois who was arrested and charged with driving under the influence is one of the lucky few where justice prevailed.

White was stopped because, according to the arresting Eastern Illinois University police officer, he ran a red light. The traffic stop led the officer to believe that White was driving under the influence. And, in fact, White was subsequently arrested for felony drunk driving charges because White had suffered prior DUI convictions. 

In one of my first posts for duiblog.com, I explained why I unreservedly agree with law enforcement equipping squad cars with “dash-cams.” The article can be found here:  https://www.duiblog.com/2014/04/25/the-use-of-dash-cams-in-dui-stops-2/. The gist of it is that dash-cams (also called MVARS) are an objective capturing of the evidence, unlike the arresting officer’s memory of the events. What’s more, unlike officers, dash-cams can’t lie.

Fortunately for White, the officer who arrested him had a dash-cam attached to his vehicle. A review of the dash-cam video revealed that White had actually run a yellow light, not a red light as the officer had claimed. As such, the officer had absolutely no reason to pull White over.

The United States Supreme Court has held that law enforcement can initiate a traffic stop if they have reasonable suspicion, based on specific and articulable facts, to believe that an offense has occurred. In fact, on several other occasions, the United States Supreme Court has even held that where an officer has observed a traffic violation, the higher standard of probable cause is met.

Without reasonable suspicion, the traffic stop is illegal and any evidence obtain as a result of the illegal traffic stop is inadmissible as evidence.

Because White had only run a yellow light, not a red light, the arresting officer had no reasonable suspicion that White had committed any offense, thus making the stop illegal. Therefore, the evidence obtained as a result of the illegal stop, presumably the telltale signs of intoxication (bloodshot eyes, distinct odor or alcohol, slurred speech), are inadmissible in a DUI trial.

White’s attorney filed a motion to suppress the evidence arguing exactly this.

At the hearing on the motion to suppress the evidence, the judge dismissed the charges against White after the prosecutor, Coles County State’s Attorney Brian Bower, viewed the dash-cam footage and agreed with the motion.

While Bower was correct in agreeing with the motion, he was wrong in justifying the officer’s stop of White’s vehicle. According to Bower, the officer didn’t do anything wrong and likely saw the red light after it had changed from yellow.

Okay, so either the officer made a mistake or was lying about the red light. Either way, at trial the officer would have testified that White had run the red light. Without other evidence, like a dash-cam, how else are we to determine whether White ran the red light? Unfortunately, we can’t.

How many others have been stopped or arrested when the officer was mistaken, or worse, lied about whether a traffic violation occurred?

This entry was posted on Monday, November 10th, 2014 at 7:22 am and is filed under Duiblog. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.

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Driver faces DUI charges after Rancho Mirage crash

A Redlands man hospitalized after he rolled his car on Bob Hope Drive early Sunday morning is facing a DUI charge, police said.
Shaun Matthew Healy, 39, was southbound on Bob Hope Drive at 2:11 a.m. when he lost control of the Ford Mustang he was driving. The car went up over a raised center median and into oncoming traffic as Healy approached Highway 111, Rancho Mirage police Sgt. Radek Horkel said.
The car went up onto the sidewalk and struck a palm tree and cinder block wall, Horkel said.
Healy was taken to a local hospital where he was admitted with minor injuries, Horkel said.
A charge of driving while intoxicated will be filed with the Riverside County District Attorney’s Office.

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Drunk Driver Suspected of Causing Three Accidents in One Night

By guest-writer

A California drunk driver was arrested last week on suspicion of causing at least three different hit-and-run accidents in one night, according to a remarkable report from the San Jose Mercury News.

31-year-old Justin Mendoza was taken into custody by Napa police last weekend after his night of illegal activity finally ended when officers discovered him hiding in a creek bed, according to sources.

The night of driving peril started around 11:00 p.m. last Friday when Mendoza was cruising around Napa, California at an alarming speed, and with very little regard for the customary rules of the road.

The first two collisions occurred around 11:00 p.m., and both occurred on Silverado Trail Road. At least one of these hit-and-run accidents involved an injury, as well.

Then a third collision happened on the same road, and this accident led to one car completely flipping over. When police arrived on the scene, they saw a man sprinting away from the overturned vehicle that was involved in the crash.

Predictably, the man who was fleeing turned out to have been the culprit who allegedly caused all three accidents on the same stretch of road, but police had to do a bit of legwork before they caught Mendoza.

Sources say that the police who originally responded to the scene called for additional help, and the officers eventually set up a large perimeter around the area where Mendoza had fled.

After setting up a broad perimeter, the officers enlisted the aid of a police dog, which eventually discovered Mendoza hiding in a creek bed near a small river.

They soon learned that Mendoza was the registered owner of the overturned car, and promptly escorted him to jail after seeing that he displayed obvious signs of intoxication.

But before he was taken to jail, Mendoza, who is a resident of Yountville, California, was sent to a hospital for treatment for what sources call “minor injuries.”

After his DUI arrest, Mendoza was charged with drunk driving and also causing three different hit-and-run crashes.

The extent of Mendoza’s criminal penalties will depend on a number of factors, including his prior history, his level of inebriation at the time of the arrest, and the nature of the injuries and property damage he caused through his irresponsible driving.

In California, even minor, first-time DUI offenses can lead to heavy fines, a suspended license, or even jail time, so Mendoza likely faces a significant amount of punishment, if the tale of his epic driving adventures proves true.

View the original article here

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Another Misguided DUI Driver Makes a Failed Attempt to Bribe a Cop

By guest-writer

Just one week after one drunk driver made headlines for trying to bribe his way out of a DUI ticket, another intoxicated driver made an unsuccessful attempt to purchase a “get out of jail free” card.

Ashley Anderson, a 21-year-old resident of Orlando, Florida, was pulled over by police for driving while intoxicated at about 3:00 a.m. Thursday morning, according to a report from the Orlando Sentinel.

Anderson was initially pulled over for traveling 12 miles per hour about the speed limit. And sources say that she could have simply been charged with a misdemeanor if she had handled the arrest in a responsible fashion. Anderson, however, did not handle the arrest in a wise manner.

After police pulled her over, she refused to leave the car, forcing the officer to ask her multiple times to leave her vehicle.

When she kept refusing to leave her 2008 Nissan Altima, the arresting officer reached for her ignition, grabbed the keys, opened her door, and pulled her out by her left arm. The officer later stated in his report that he feared that Anderson would try to flee the scene.

When he pulled Anderson from the car, the state trooper reported that he smelled an “obvious odor” of alcohol on her breath, and he also claims that she stumbled on the ground when she left the car and had difficulty walking to the police cruiser.

A quick search of the Altima after the arrest revealed a nearly empty bottle of tequila in Anderson’s car. Carrying an open bottle of liquor in a car is illegal in almost every state.

But despite her arrest, and the discovery of the tequila in her car, Anderson was still only facing a misdemeanor DUI charge. That is, until she opened her mouth.

Sources say that when the trooper put Anderson in the back of his car, she made several attempts to offer him $3,000 in exchange for letting her go. According to the police report, she told the officer, “[w]hatever I owe you, I can just pay you in cash.”

In an effort to convince the officer, Anderson claimed that she had escaped a previous DUI charge by giving the officer $2,000, although there is no way to confirm this story.

Needless to say, the officer in this case declined her offer, and prosecutors will now level an extra charge against Anderson for attempting to bribe a law enforcement officer, which is a felony in Florida.

View the original article here

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Chicago Driver Arrested After Trying to Bribe his way out of DUI

By guest-writer

A Chicago driver made life a bit more difficult for himself after he made an unsuccessful attempt to bribe his way out of a DUI arrest, according to a recent report from the Chicago Tribune.

Of course, trying to bribe the police officer may not have been the dumbest move Martin Johnson made on that fateful night.

Sources say that Johnson was arrested after allegedly speeding past a police station while under the influence of alcohol. When police finally caught up to his car, a brief search of the vehicle revealed that Johnson had an open bottle of liquor in the front seat.

Then things got really interesting. According to the police report, after the police pulled him over, Johnson said, “I’ll give you $5,000 if you’ll let me go.”

In response, one of the officers asked Johnson where he planned to get the money, at which point he handed over a flash drive and told the police officers to look into it.

When the police later went through the flash drive, they were surprised to discover extensive lists of credit card numbers, Social Security identities, and other types of sensitive financial information.

When the police asked Johnson where he had obtained the information, he finally made a wise choice, and simply told them to “talk to my lawyer.”

For his actions, Johnson will be charged with one count of bribery, one count of driving under the influence, and another county of driving on a revoked license.

Remarkably, Johnson has been arrested eight times since 2001 for driving with a revoked license, so he may be facing an eventual permanent driving ban if he finds the right judge.

In addition, Johnson has also been arrested for a DUI three times before. These arrests occurred in 2001, 2003, and 2006, according to a spokesman for the Illinois Secretary of State’s office.

And Johnson could face further charges stemming from his possession of all the financial information on the flash drive, although police authorities have not yet decided what they will charge him with.

The lesson other drivers can learn from Johnson’s mishap is that, if you are arrested for a DUI, it’s in your best interests to simply be a good sport and not give the police officers any trouble.

Attempts to bribe the police or escape from them altogether almost never have happy endings, and only compound the legal troubles that the arrestee will eventually face.

View the original article here

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South Carolina Driver Charged With DUI After Crashing Into Pub

By guest-writer

Drunk drivers typically meander their way beyond the bars they leave, but some drivers aren’t able to resist returning to their watering hole, as evidenced by the recent actions of a woman in South Carolina.

73-year-old Ellon Williams was arrested for drunk driving after she drove her car through a restaurant into a pub in South Carolina last week, according to a recent report from WECT News.

Sources say that Williams was trying to leave the One More Grill and Pub shortly after 10:00 p.m. on Thursday night when she unceremoniously slammed her car into her favorite dining sport.

According to the police report, Williams told investigators from the South Carolina Highway Patrol that she thought she had put her car in reverse when she stepped on the gas, but it appears that she actually had her vehicle in drive.

Miraculously, no one involved in the accident was killed, despite the fact that the pub had a relatively full house that Thursday night.

The owner of the restaurant, Rebecca Stallings, says there were more than 30 people singing karaoke in the building when Williams drove her 1989 Mercedes-Benz through two plate glass windows in the front of the building.

After slamming her car into the pub, Williams was able to bring her car to stop in the front portion of the building, which may have spared a few lives.

Sources say that three people who were in the building were taken to the hospital, but all three injured parties have been treated and released.

One of the injured people, Lin Shelton, a regular at the One More Grill and Pub, reportedly lost a tooth and injured her leg in the incident, and she provided reporters with a harrowing story about the crash.

In her words, “[i]t sounded like an explosion. My back was turned so my instinct was just jump in the air because I felt stuff coming toward me, and it clipped me in the leg, threw me up in the air.”

After she was struck by Williams’ car, Shelton crawled through a back door, but she quickly ran back into the building to help free one of her friends who had been pinned between a pool table and a wall.

Fortunately, the wild DUI accident did not kill anyone, nor will it close the business. The owner of the restaurant, which has been at its current location for 13 years, plans to re-open the business soon.

View the original article here

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New Jersey Driver Arrested for an Incredible Fifth DUI in Four Weeks

By guest-writer

A New Jersey man who had already been caught drunk driving four times in the last month was recently arrested for his fifth DUI in the past four weeks, according to a report from NBC 10 Philadelphia.

The DUI arrests all took place in and around Vineland, New Jersey, where 45-year-old Anderson Sotomayor apparently roams the streets in varying states of inebriation.

Sources indicate that Sotomayor was arrested for driving drunk three times in a span of only 16 days. These arrests took place on April 9, 11, and 25.

The latest incident took place this Saturday after police observed Sotomayor driving the wrong way down a one-way street. During his ill-advised journey, Sotomayor eventually struck a curb and careened off the road.

Unfortunately, the trip down a one-way street was not the most foolish drunk driving incident Sotomayor has created in the past few weeks.

On April 25, police in Vineland pulled Sotomayor over after they saw him swerving in and out of traffic while holding an open 40-ounce bottle of beer. This, of course, is a recipe for a legal and personal disaster.

And, on April 2, Sotomayor allegedly swerved around a school bus while it was unloading children, ran a red light, and slammed into another car. To make matters worse, the man fled from the scene of the accident, leaving a 31-year-old woman who later had to be treated at a hospital.

Police were able to locate Sotomayor after finding his handicap tag at the scene of the crime, and later tracking that tag to Sotomayor’s address, according to a report from the Daily Journal.

Readers might be curious how, exactly, Sotomayor was able to continue driving despite his frequent arrests. Sources suggest that Vineland police weren’t able to hold the man beyond a certain period of time, though no further details are available.

After each of his DUI arrests, it can fairly be assumed that Sotomayor was released on bail, so the judge in his latest case might try to set bail at an extraordinarily high level to prevent Sotomayor from getting back on the road before his trial.

The man is scheduled to make a court appearance for his first three DUIs on May 30. Until then, the court will likely try to detain Sotomayor as long as possible, but if he is released, drivers on Vineland roads should be wary of the serial drunk driver.

View the original article here

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Drunk Driver Who Killed Ohio State Trooper Sent to Prison Again

By guest-writer

An Ohio resident who received a lifetime revocation of his driver’s license after striking and killing an Ohio state trooper while driving drunk was sentenced to prison this week after driving against the court’s orders.

43-year-old David Dye was sentenced to 30 months in prison after pleading guilty to a charge of driving under a specified lifetime suspension. The plea negotiation also included an open container violation, according to a report from local news source nbc4i.com.

In 2001, the resident of Westerville, Ohio struck and killed Ohio State Highway Patrol Trooper Frank Vazquez, who was conducting a traffic stop on a highway when Dye lost control of his vehicle and slammed into the officer’s patrol car.

One year later, Dye was convicted of aggravated vehicular homicide, a felony DUI, and he eventually served seven years in prison for his crime.

In addition to the homicide charge, the sentencing judge also took into consideration Dye’s previous drunk driving convictions, which occurred in 1987, 1989, 1991, and 1995.

Dye was released from prison a few years ago and was released from his parole in January 2011. His parole, however, came with a strict order from the judge that Dye would never be allowed to drive again.

Alas, Dye failed to abide by this rule, and concerned neighbors told police in November 2011 that Dye was driving again, and that he wasn’t always sober when he stepped behind the wheel.

So, for roughly two weeks, police were wary of running into Dye, and their vigilance was rewarded one night last November when they pulled Dye over in Genoa Township.

The police report indicates that Dye was seen going into a store to receive a haircut and police caught him driving away from the business on a Saturday afternoon.

To their surprise, the police discovered a cup of lemonade and vodka in Dye’s car, although Dye claims that he had not been drinking the vodka while he was driving.

Such a claim, of course, is not a valid defense to an open container violation, and the police had little patience for the man who had been responsible for the death of one of their own a decade ago.

So, Dye will serve 30 months in prison for driving to a barber shop, but the lesson to be learned in this case is that lifetime driver’s license suspensions are taken very seriously by the court system.

View the original article here

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DUI Driver Sentenced to Year in Prison for Hitting 9-Year-Old Boy

By guest-writer

A drunk driver has been sentenced to a year in prison after he struck a nine-year-old boy who was leaving a San Francisco Giants game last year, according to a report from the San Francisco Chronicle.

The man, 22-year-old Andrew Alan Vargas, appeared in court last week for sentencing and expressed his remorse to the family of the boy whom he struck with his pickup truck last August.

Before the crash occurred, young Ryan White was walking with his family back to their San Francisco hotel after watching a baseball game at AT&T Park. The Whites, who are from Yardley, Pennsylvania, had traveled to the Bay Area to watch their favorite team, the Philadelphia Phillies.

As a result of the accident, which was caused by Vargas’s misguided decision to drive the wrong way down a one-way street, Ryan White suffered a lacerated liver and a fractured pelvis.

The parents of the child, Ken and Roseanne White, were unable to attend the sentencing hearing because they had to stay in Philadelphia, where their son was undergoing his fourth surgery since the crash, sources indicate.

In a letter to the judge, however, the parents made pointed remarks to Vargas, claiming that he was “incarcerated because of [his] actions” but they also noted that their son was also incarcerated because of the man’s actions.

In their letter, the Whites said that Ryan’s injuries have rendered him unable to do all of his favorite physical activities, including swimming, bike riding, and performing martial arts.

To his credit, Vargas did apologize profusely, both to the judge and to Ryan White and his family, for his decision to drive under the influence of alcohol.

In his statements to the sentencing judge, Superior Court Judge Nancy Davis, Vargas claimed, “I have learned so much out of this, and I’m determined to turn things around for them and will do everything in my power to avoid others from making the same mistake that I committed.”

Interestingly, Ryan White’s parents supported Judge Davis’s decision to only sentence Vargas to a year in prison (sources suggest that, had she wanted to, the judge could have sentenced Vargas to a much lengthier prison term).

Sources say that the family gave their approval to a decision last month in which Vargas pleaded guilty to a felony DUI charge with great bodily injury. Charges related to a hit-and-run were dropped.

In the White family’s words, they did not want Vargas “to sit in jail forever and do nothing” because, from what they had heard, he was “a good young man.”

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Racecar Driver Al Unser Jr. Convicted of Second DUI in Five Years

By guest-writer

Racecar legend Al Unser Jr., who is the youngest member of the iconic Unser racing family, was convicted for his second DUI in less than five years, according to a report from the Los Angeles Times.

Unser, who has won the Indianapolis 500 twice, pled guilty this week to Albuquerque prosecutors’ charges that he was drag racing while intoxicated during an incident last September.

During that incident, New Mexico state police saw Unser, who was driving a 2011 Chevrolet Suburban, racing another car on a state highway at roughly 3 a.m. The two cars were traveling at speeds of more than 100 mph in a 60 mph zone, according to the police report.

While the other car evaded police, officers eventually caught Unser, who had a blood alcohol level that was twice the legal limit. Sources say that, when police arrested him, Unser lamented that they had “caught the slower driver.”

Sources suggest that Unser pled guilty to a few lesser counts in order to avoid being tried for charges of aggravated DUI and reckless driving.

As part of his plea agreement, Unser was sentenced to three months in jail, but a friendly judge reduced this sentence to a year of supervised probation. As a result, Unser will remain a free man, but he will have to report frequently to his probation officer.

The 49-year-old racecar driver was lucky to avoid jail time after being convicted for his second DUI, especially given the extreme nature of his arrest. Speeding down a road at 100 mph while drunk is often a ticket to extended jail time.

In 2007, Unser was involved in a crash on another New Mexico freeway after which police discovered that his blood alcohol level was three times the legal limit.

After this accident, Unser lost his driver’s license for 90 days, paid a $1,000 fine, and attended a few classes that discussed the perils of drunk driving.

Not surprisingly, some observers are upset with what they perceive as preferential treatment for Unser, whose family is from Albuquerque and considered local racecar royalty.

According to Anna Duerr, a spokeswoman for Mothers Against Drunk Driving, “[c]elebrities and sports figures need to be treated just like any other driver” because drunk drivers “kill 10,000 people each year and injure 350,000.”

In response, the DUI attorney for Unser says that his client has apologized for his poor judgment and is “taking steps to make sure it doesn’t happen again.” Of course, an attorney for Unser made a similar statement after the incident in 2007.

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Duxbury Woman Is Assaulted By Hanover Drunk Driver – Attorney Sam’s Take

Mike Hennebury, a 37-year-old man from Hanover (hereinafter, the “Defendant”) is in trouble as this week comes to a close.

According to the police, the Defendant was on his merry way Tuesday night, driving drunk, when he ran off the road. Say what you will about the Defendant, he is apparently consistent. He has had three prior drunk driving cases in the past.

When the Defendant left the comfort of pavement, he ended up in the front yard of a home in an otherwise peaceful Duxbury neighborhood. There, his car came to a rest and was apparently having difficulty moving. Yes, it was stuck in the snow.

The good news is that a nice 72-year-old woman came out of her home, concerned that he needed help.

The bad news is that he apparently did not want any help. He really did not want any help!

According to law enforcement, the Defendant expressed this lack of desire by knocking the woman down and kicking her in the face with his boots (aka a dangerous weapon – shod foot).

The woman was finally able to make it back into her home, where she called the police. Meantime, the Defendant stayed where he was...stuck among the snow mountains.

He was not difficult to find when the police arrived.

The Defendant is looking at a host of charges, including the felonies of assault and battery with a dangerous weapon and assault and battery on a person over 60. This being his 4th OUI, he will be looking at additional time, under Megan’s Law, should he be convicted of that.

Lord help him if he was on probation at the time...!

As you know, I have been practicing criminal law for over a quarter of a century. That not only makes me old, but it reflects many years of experience handling all sorts of criminal cases.

The reality of “no good deed goes unpunished” is not terribly new to me.

“Well, Sam, it sounds like this guy was crazy! Is that likely to be his defense?”

Maybe. However, the Commonwealth will indicate that he was not insane...merely drunk.

“Well, if he was so drunk he did not understand that it was an older woman and she was trying to help him...doesn’t that mean that mean that he was sufficiently removed from reality so as to make it impossible for him to intend to assault the woman?”

Well, no. Not unless, perhaps, his body was flailing this way and that in a seizure or something that made his actions truly involuntary. However, there could be issues with this as well because voluntary intoxication is not a defense.

“Self-defense?”

Yes, good luck with that.

In the past, I have reminded readers that, when they are pulled over by the police, not to try to outwit, outrun or outfight them. Perhaps this is a good time to remind everyone that that goes for non-police too. Especially the last one. No need to beat up on the elderly when they come out to inquire.

To put it in ther perspective of this week's blogs, it is bullying of a different sought. And the laws against this kind have plenty of teeth!

Somebody needs a very experienced criminal defense attorney here, and it is not the woman.

If you find yourself sobering up from such an episode and find that your wallpaper suddenly has bars on it, get one of those. If you would like it to be me, please feel free to call me to arrange a free initial consultation at 617-492-3000.

In the meantime, have a great, safe and law-abiding weekend!

To view the original story, please go to : http://boston.cbslocal.com/2011/02/10/duxbury-police-say-senior-citizen-woman-beaten-by-drunk-man/#

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Milford Sleepy Driver Charged With Driving To Endanger - Attorney Sam’s Take

This past year, there was a lot of attention paid to Massachusetts drunk drivers and those who drive negligently. For example, a new law was passed to prevent people from texting while driving.

We also had more than our fair share of vehicular homicide cases, including the killing of a police officer due to Massachusetts motor vehicle crimes.

There was one vehicular homicide matter, however, that may not have gotten enough attention. I say this only because it happened again.

Two cars were involved in an accident this weekend which left two cars overturned on interstate 495. Fortunately, nobody was killed.

The cause according to the Commonwealth?

One driver, Jenifer M. Scott, 43, of Milford (hereinafter, the “Defendant”) fell asleep and so lost control of her vehicle. A second driver, at 51-year-old man from Harvard, took measures to avoid the Defendant’s Toyota Corolla and, as a result, went over the guardrail and rolled down an embankment. His 56-year-old female passenger was taken to Marlborough Hospital with minor injuries.

The Commonwealth says that the Defendant will be summoned to court to face a charge of operating to endanger.

As a Boston criminal defense attorney, I have handled a wide range of motor vehicle cases from driving without a license to drunk driving to endanger to vehicular homicide.

The Commonwealth has become less and less forgiving regarding these cases. This is likely to increase given what seems to be an increase in traffic-related deaths. What has also increased prosecutions is the feeling that, when a tragedy occurs, it must be somebody’s fault. “Mere accidents” that are not criminal seldom happen.

In a way, of course, it makes sense. Driving a motor vehicle is not considered a “right”. It is a “privilege”. Further, one makes a conscious choice to get behind the wheel, whether you be tired, medicated or drunk. Therefore, the Commonwealth believes that if you feel you are likely to fall asleep because you have had very little sleep, then you should not get behind the wheel.

“But, Sam, when I am sleepy, medicated or drunk I don’t generally think very clearly.”

Yes, I see. But the law does not. Voluntary intoxication is not a defense to making that fateful decision to drive. You are expected to be thinking clearly...or keep away from the driver’s seat.

We have also discussed cases wherein folks pulled over for erratic driving further exercise their lack of judgment by trying to outsmart, or outrun, the police. This seldom works. It makes matters worse.

So, the bottom line is that you had best be thinking with crystal clarity when you decide to drive. Is it possible that you could be sleepy or drunk and yet NOT the cause of an accident that takes place? Sure. In fact, we covered one such case not so long ago. However, such cases are in the distinct minority.

What to do? You know the answer to that. If the unthinkable happens, you want to contact an experienced criminal defense attorney as soon as possible to guide you through the process and advocate on your behalf.

If you want to discuss such a case with me, feel free to call me for a free initial consultation. I can be reached at t 617-492-3000.

To view the original story, and charming photograph about which parts of this blog were based, please go to : http://mobile.boston.com/art/30/news/local/massachusetts/articles/2011/01/30/two_car_crash_blamed_on_a_sleepy_driver/

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Massachusetts Drunk Driver Admits Guilt But Is Not Responsible For Vehicular Accident- Attorney Sam’s Take

It would appear that this Massachusetts driver thought ahead. Realizing that the coming storm would make it difficult to go out and drink, Ms. Tara Tobin (hereinafter, the “Defendant”) got in one last trip just before the snow. The result was not too pretty.

The Yarmouth police say that the Defendant admitted that she had drunk six or seven beers in Dennis before driving.

What happened? The crash took place Tuesday night around 9 p.m..

The unusual part? According to the police, the Defendant, whatever condition she was in, did not cause the accident.

Apparently, a 47-year-old emotionally disturbed man jumped into the path of a Dodge Dakota pickup truck. The truck's driver swerved to avoid the man and was then rear-ended by the Defendant’s car..

The man suffered serious, but non-life-threatening, injuries and was taken to Cape Cod Hospital, police said.

The Defendant is to be arraigned in Barnstable District Court…whenever it reopens following the storm...for drunk driving.

Let’s all hope she presents a bit better than she did in her “mug shot” which was published at the below link in the original article.

My experience, since 1984, handling drunk driving cases in Massachusetts goes back to my last year at Boston University School of Law as a student prosecutor. The cases, particularly when a breathalyzer is involved come down to issues of perception and prejudice.

I do not mean racial prejudice, but bias based upon indoctrination. Most often, if a police officer pulls you over because he or she feels you are intoxicated, or begins to suspect you are under the influence, you will most likely be charged with

This influence, by the way, can be alcohol, illegal drugs or even legal prescription drugs…to say nothing of any mixture of the three.

In my experience, once suspected of being under the influence, you should assume that the police report will say that you have glassy eyes and slurred speech. Most likely there will also be some kind of odor of alcohol listed.

That said, consider yourself under arrest. Any other descriptive is gravy for the Commonwealth. This is why it is usually a mistake to submit to any tests. Granted, if you pass the breathalyzer, for example, it will help you down the road. However, it will probably not prevent your being arrested. If you do not pass it, it will surely hurt you down the road.

Given the amount of vehicular homicides last year due to drunk driving allegations, victims sometimes being police officers, you are not likely to receive a “break” from the officer.

So don’t ask for one. Said request will simply be treated like an admission of guilt by the prosecution.

And, yes, there will be a prosecution.

The advice in these cases is to not quarrel with the officer, or try to outwit or outrun the officer.

Simply remain polite, do not make statements (except name, license, etc.), and get an experienced criminal defense attorney as soon as possible.

If you would like to discuss such a matter with me, please feel to call me to arrange a free initial consultation at 617-492-3000.

To view the original story, and charming photograph about which parts of this blog were based, please go to : http://www.boston.com/news/local/breaking_news/2011/01/by_john_r_ellem_29.html

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