Federal Penitentiary for DUI in National Park

SAN FRANCISCO (ddamm.com) - One writer speaks of getting a DUI within Presidio National Park and getting arrested by the United States Park Police.  When arrested on federally owned land such as national parks or military bases, it becomes a Federal DUI case outside of the State Superior Courts.  For national parks, the jurisdiction is under the National Park Service and governed by the Code of Fderal Regulations. The federal implied consent law applies and those arrested on suspicion of drunk driving must submit to a breath, urine or blood test to determine blood alcohol content (BAC). The penalties are stiffer and can result in a maximum of 6 months in a federal penitentiary and up to a $5,000 fine with a possible 5 years probation.

Field Breath Test Acceptable in Court?

ORANGE COUNTY (ddamm.com) - One writer submitted to the field sobriety Portable Breath Test (PAS) yet received no further tests after being arrested and sent to the police station.  He inquires whether or not he can get off on a technicality since further deep lung or blood tests were not completed as further diagnostics down at the station.  There are many portable devices that are not acceptable in court but California Department of Justice usually deploys portable field devices that are acceptable.  If the device was a Drager EPAS then likely it is acceptable.

Dowling receives probation - Arizona Republic

Dowling receives probation Arizona Republic, AZ - Aug 26, 2008 The criminal indictments were obtained by the Arizona Attorney General's Office in November 2006 after an investigation by the Maricopa County Sheriff's … School's superintendent gets probation KTAR.com Fresno County's Budget Slashed Again CBS 47 Valley school superintendent sentenced to 4 months probation ABC15.com (KNXV-TV) all 17 news articles

DUI Probation, Citizenship and Missed Opportunities

LOS ANGELES (ddamm.com) - A Los Angeles immigrant with a previous record of being an outstanding member of our working society ended up with a 1st offense DUI conviction with 3 years probation.  At his US Citizenship interview, he learned that INS would deny his application while under probation.   Our nemesis MADD helped pass a law in 2007 that made DUI ineligible for early termination for any reason.  Being on probation would make one ineligible for many things like becoming a United States citizen or joining the United States military. 

Arpaio: 20 percent of county jail prisoners are illegal immigrants - Bizjournals.com

Arpaio: 20 percent of county jail prisoners are illegal immigrants Bizjournals.com, NC - Aug 25, 2008 Twenty percent of the 10000 inmates now in Maricopa County jails are illegal immigrants, according to Sheriff Joe Arpaio. Arpaio said Monday there are …

Richmond Virginia DUI Lawyer Bob Battle: Even Deputy Sheriff’s drive Drunk

Harris County Texas Sheriff’s Deputy Craig Miller was killed in an unfortunate motor vehicle collision on February 21, 2008.

Deputy Miller was on his way to relieve another Deputy conducting surveillance on a suspected criminal activity.

Jose Vieyra, driving a box truck, pulled out onto Katy Freeway in Houston, Texas, in front of Deputy Miller.

Deputy Miller did not attempt to brake as there were no skid marks in his lane; Miller passed away at the scene.

Vieyra was charged with criminally negligent homicide.

Now the Rest of the Story:

- Deputy Miller was not wearing his seatbelt,

- Deputy Miller had a .27 blood-alcohol content,

- Vieyra had a valid driver’s license at the time of the accident,

- Vieyra had no criminal record,

- Initially Sheriff’s Dept. indicated that the .27 would not effect Vieyra’s charge,

- Charges against Vieyra, in light of Deputy Miller’s .27 bac,were dismissed,

- Vieyra may be deported as his papers had expired.

Harris County is known for its surveillance efforts:

http://www.youtube.com/watch?v=m1V74ZjZ74o

Thanks to Harrisonburg DWI Lawyer Bob Keefer, www.BobKeeferLaw.com, for providing us with this information.

Richmond Virginia DUI Lawyer Bob Battle: Harris County Sheriff’s Department went over the Line

The Harris County Sheriff’s Department had to know that conducting surveillance on Plaintiffs in a civil rights violation suit was wrong.

The Ibarra brothers, a local business owner and a Judge sued Harris County.

Business Owner Loyd Henderson was a plaintiff; his security camera showed Henderson being shoved to the floor and cuffed without warning by a Harris County Sheriff’s Deputy.

Henderson had called the Sheriff’s Departmetn for help after a robbery.

Municipal Judge April Walker was also a Plaintiff in that suit; Judge Walker was arrested after calling the Sheriff’s Office for help.

The Deputy that was called to help calm a neighborhood dispute threw Judge Walker to the ground and handcuffed her.

Judge Walker was charged with impersonating a public officer and assault on a police officer.

The Ibarro Brothers, as mentioned in an earlier blog, were arrested while videotaping the arrest of a neighbor.

http://www.youtube.com/watch?v=m1V74ZjZ74o

Richmond Virginia DUI Lawyer Bob Battle: Is Harris County Sheriff’s Department Racist?

Sheriff Tommy Thomas has been accused of being racist due to some emails that were discovered.
You decide for yourself:  http://abclocal.go.com/ktrk/feature?section=news/13_undercover&id=6231156
As you may remember from other blogs, the Harris County Texas Sheriff has been criticized and sued.
http://www.youtube.com/watch?v=yxf67bhoVVg

Thanks to Harrisonburg Virginia DWI Attorney Bob Keefer, www.BobKeeferLaw.com, for keeping me informed of this apparent abuse of police power.

DUI Task Force This Weekend In Tempe, Arizona

Lisa Halverstadt of The Arizona Republic is reporting that the Tempe Police will have a DUI task force this weekend.  Her article states:

Tempe police will have its DUI task force at Dorsey Lane and University Drive this weekend. This is the last weekend before the fall semester begins Monday at Arizona State University.

The task force command post, which will operate from 8 p.m. to 3 a.m. on Friday and Saturday nights, will be located at the Tempe Fire Department/APS Joint Fire Training Center.  The Tempe Police Department is collaborating with the Governor’s Office of Highway Safety to host the anti-DUI effort.

 Please be careful when driving this weekend.

 

Maricopa County Sheriff’s Office Illegal Immigration Warrant Arrests - BorderFire Report

Maricopa County Sheriff’s Office Illegal Immigration Warrant Arrests BorderFire Report, TX - Aug 22, 2008 The Maricopa County Sheriff’s Office today is reporting approximately 100 warrant arrests made during recent crime suppression and human smuggling …

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