Md. judge faces trial on drunk driving charges

A Washington County Circuit Court judge is scheduled for trial in Hagerstown on drunken driving charges.

Sixty-eight-year-old William Kennedy Boone III was due in district court Wednesday morning for allegedly driving under the influence when his sport-utilty vehicle sideswiped a car on a city street, causing minor injuries to the driver.

Hagerstown police say Boone blew a blood-alcohol level of 0.18 percent, more than twice the legal limit of 0.08 percent. He has expressed remorse for his actions.

Boone was appointed to a 15-year term in 1997 after stints as an assistant Maryland attorney general, assistant state’s attorney and nearly 25 years in private practice.

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Nevada DMV seizes licenses from 3 DUI drivers, extends revocation for 5 others

The Nevada Department of Motor Vehicles on Tuesday revoked the licenses of three people convicted of killing or injuring someone while driving drunk after a Reno Gazette-Journal investigation found that they had been allowed to drive too soon.

The DMV also extended the amount of time that five other drunken driving offenders will be without driver’s licenses so that their revocation period complies with the law, DMV spokesman Tom Jacobs said.

Cecelia Pearson, who was 14 when Merri Noel Aldis drove drunk and smashed into a car carrying Pearson and two friends, praised the agency’s decision to take licenses from Aldis, Marissa Herold and Scott Sherman.

Pearson, now 18 and in college in Ohio, suffered a fractured pelvis, collapsed lung and broken wrist in the Sept. 4, 2005, crash on Double R Boulevard. She said she continued to have flashbacks and was afraid to be on the road long after the accident.

“It’s like with anything, like with children, when you give them a punishment, unless you follow it all the way through, it won’t be a lesson learned,” she said. “Maybe this time, it will help her understand the seriousness of it.”

Messages left for Aldis, 47, were not immediately returned.

The Gazette-Journal investigation found that at least nine of the 113 people convicted of DUI causing death or substantial bodily harm since 2000 had a license despite a 1997 law prohibiting them from driving for three years after being released from prison.

Some were revoked for only 90 days and others for one year.

The DMV blamed some of the mix-ups on the courts, saying that they had not received notice of the convictions. In other cases, the DMV said the Department of Corrections and the Division of Parole and Probation had not updated the offender’s status.

Following the Gazette-Journal story on Jan. 17, the DMV sought advice from the Nevada attorney general on whether to revoke licenses in the cases where mistakes were made, Jacobs said.

The agency was told to take the licenses, he said.

The DMV had taken similar action in 2005, when Stop DUI, a victim’s advocacy group in Las Vegas, found that a drunken driving offender there had been issued a license only four days after being released from prison.

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Darby takes lead with $500 penalty for refusing DUI breath test in MT

After Darby adopted a measure to penalize people for refusing to submit to alcohol or drug testing, Win Smith had a question.

What does it say about the state of DUI laws in Montana that tiny Darby has to take the lead?

“Why is it the Legislature can’t figure out how to pass that law?” asked Smith, a Ravalli County resident and Rotary Club member.

Darby’s ordinance, adopted this winter, demands a $500 penalty of anyone convicted of drunken driving who refuses at the time of apprehension to take a breath alcohol test. The penalty is applied on top of any other DUI-related fines or penalties.

The measure was enacted in response to the growing number of drunken drivers – especially repeat drunken drivers – who refuse to submit to on-the-scene breath tests in the hope that, lacking test results, they’ll be less likely to wind up with a DUI conviction.

The number of refusals to take the tests has gone up by 25 percent in the past four years, say local court officials.

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The Montana House of Representatives Law and Justice Interim Committee this year looked at a bill similar to the measure Darby adopted. A draft of the bill failed to make it out of the committee.

However, the committee approved 11 other bills for wider debate. Those include one to prevent youths convicted of alcohol or drug crimes from getting driver’s licenses until they’re 18, and one that would allow game wardens to issue citations to youths under 21 for illegal possession of drugs or alcohol.

Win and other county officials spoke about the DUI laws at a county DUI Task Force meeting.

Ravalli County Attorney George Corn said that while there are concerns about a law like Darby’s surviving a challenge, he thinks it’s legal.

“I’m researching it right now,” he said, “and I think it would pass constitutional muster in Montana.”

Rep. Ron Stoker, R-Darby, said passing a law at the state level isn’t something that happens overnight, but that legislators are conscious of the debate.

“Darby’s law will be challenged,” he said, “and the Legislature will be watching.”

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Green Bay Packer Spencer Havner arrested for DUI in Nevada County

Green Bay Packer Spencer Havner’s fall in a motorcycle accident has resulted in more than just physical injuries.

The former Nevada Union High School football star is also facing DUI charges after the California Highway Patrol was called to the hospital where he was being treated after a crash Saturday.

Officer Heather Blancarte of the Grass Valley Highway Patrol reported that an officer met with Havner at Nevada City’s Sierra Nevada Memorial Hospital after learning he had been brought in after a motorcycle collision Saturday.

Havner, best-known this past season for a game-tying touchdown catch in a losing playoff game against the Arizona Cardinals, was arrested on suspicion of driving under the influence of alcohol. He was subsequently released from custody to the care of the hospital.

The Highway Patrol reported that Havner made an unsafe turning movement and lost control of his Kawasaki motorcycle on Woods Ravine Road, south of Indian Trail Road. The accident occurred at 2:45 a.m. Saturday, Blancarte said.

Havner was ejected from the motorcycle and suffered major injuries as a result of the collision, the report said. Havner, 27, wasn’t wearing a helmet at the time of the crash, Blancarte added. Born in Grass Valley and now living in Nevada City, Havner played tight end and linebacker for the Packers. Havner was a four-year starter at UCLA.

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Florida State Attorney’s Son Booked for DUI

Pinellas-Pasco State Attorney Bernie McCabe’s son was booked into a Hillsborough County Jail early Sunday morning on one (1) count of Driving Under the Influence (DUI) with Property Damage, according to the Hillsborough County Sheriff’s Office as well as an online story by the St. Pete Times.

The suspect, 24, of Largo, ran a stop sign at Miley and Stanley roads, then went off the road and hit a fence at approximately 5:00 a.m. this morning, according to authorities. The crash caused about $1,000 in damage to the fence as well as $1,000 in damage to the Ford Taurus that he was driving.

Hillsborough County Deputies said McCabe was “unsteady on his feet,” “smelled of alcohol,”had “red, watery eyes” and “showed signs of impairment” when performing field sobriety tests (pretty much the standard cut-and-paste that we’d expect in any DUI report).   McCabe’s blood alcohol level was .168 percent, more than two (2) times the legal limit at which Florida law presumes a driver to be “impaired.”

McCabe, who works at Big Lots (probably the most interesting part of the entire story), was booked into the Hillsborough County Jail and released Sunday afternoon after posting the standard $500 DUI bail.

State Attorney Bernie McCabe, who has held that elected position since 1992, could not be reached for comment Sunday.

If you have been charged with drunk driving in Hillsborough County look no further than Tampa DUI attorney John Musca.

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Nebraska Changing DUI Law to Suit Feds

A drunk driving conviction today carries with it a suspension of driving privileges for a period of time.  However, in many states the person convicted of DUI is permitted to drive his vehicle to designated places if he installs an ignition interlock device (IID) in his car.  This exception is commonly designed to permit the person to go to work, school, alcohol programs and/or appointments with probation officers.

Nebraska is one of those states that recognizes the wisdom of this approach.  The punishment for DUI is harsh, but it shouldn’t ruin a person’s life by causing him to lose his job, drop out of school, or be unable to meet his court-ordered obligations to attend alcohol education programs or probation officer appointments.

The Nebraska DMV also felt that permitting citizens to drive to probation appointments was a logical part of the rehabilitative process.

Federal bureaucrats disagree.

According to a March 13 article in the Lincoln Journal-Star, the federal government has decided that the State of Nebraska should not permit its citizens to report to probation officers by using an IID.  And to emphasize their position, they have threatened the state with the loss of $7.15 million in federal funds if they don’t change this law.

Nebraska needs the money.  And so a bill (LB924) is now before the Nebraska Senate and has been given first-round approval.  The bill would remove visiting probation officers as a permissible destination for those required to have IIDs in their cars.  The bill is expected to become law on July 15th.

“This truly shows the disconnect with the feds,” said Sen. Deb Fischer, chairwoman of the Transportation and Telecommunications Committee. “Some bureaucrat has decided people don’t need to drive to probation appointments.”

About the author:  Lawrence Taylor is a San Diego DUI attorney and the author of the standard textbook in the field, Drunk Driving Defense, 6th edition.

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Plea Bargaining Forces Change in St. Clair County DUI Cases

The St. Clair County Prosecutor’s office is changing the way it handles Driving Under the Influence cases after an assistant prosecutor failed to follow protocol.

State’s Attorney, Bob Haida, said he is making changes after learning an assistant prosecutor was violating office policy by routinely plea bargaining DUI cases.

Suspects who failed a breath test were supposed to have their driver’s license suspended, but were allowed to plead guilty, pay a fine and keep their license.

Haida listed the latest changes in a letter to the Belleville News Democrat after the newspaper reported the plea bargaining in a story in mid-February. After reviewing hundreds of prosecutions, Haida said he is now reassigning personnel, opening up lines of communication with police and putting more experienced prosecutors on DUI cases.

Haida said the assistant prosecutor who was plea bargaining cases resigned on February 16th.

Uh Oh! Looks like the party is over for all you DUI suspects, but the truth be told many times a plea bargain is a bad idea. I think many people would be astounded at the results a knowledgeable DUI lawyer can achieve.

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Police in Delaware Step up DUI Enforcement as St. Patrick’s Day Nears

With St. Patrick’s Day a week away, Delaware highway officials are urging holiday revelers to avoid drinking and driving. Police across the state will be cracking down on those who do.

National statistics show that in 2008, 50 people died in traffic crashes involving an impaired driver on St. Patrick’s Day.

That is why the state Office of Highway Safety is coordinating statewide DUI enforcement for the upcoming weekend, St. Patrick’s Day itself and the following weekend as well.  Fifteen state, county and municipal law enforcement agencies are scheduled to conduct a total of 127 DUI Saturation patrols March 13, 17 and 19– 20.

Additionally, the New Castle County DUI Task Force will conduct an 8-hour-long sobriety checkpoint on March 13t to coincide with the annual St. Patrick’s Day Loop (or Shamrock Shuttle), which involves activities at several bars in Wilmington.  OHS has placed a designated driver message on Loop bracelets that every participant must wear throughout the night.

Agencies conducting patrols include: Camden police, Delaware State Police, Dover police, Felton police, Georgetown police, Laurel police, Middletown police, Milford police, Milton police, New Castle City police, New Castle County police, Newark police, Rehoboth Beach police, Seaford police and Wyoming police.  Last year, police arrested 52 people for DUI during St. Patrick’s Day enforcement activities.

According to the OHS, in 2009, 35 percent (41 of 117) of all vehicle deaths in Delaware were alcohol-related. Since Jan. 1 of this year, three of the state’s 18 motor vehicle fatalities have been alcohol-related.  For more information on OHS’s year round DUI efforts, visit  www.ohs.delaware.gov .

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MADD Pushes for Tougher Wisconin DUI Penalties

The national president of Mothers Against Drunk Driving wants Wisconsin lawmakers to toughen drunken driving penalties in the state.

MADD’s president wants lawmakers to hold a hearing on a bill that would legalize sobriety checkpoints and make a first-offense drunken driving arrest a crime instead of just a traffic violation.

Democratic State Senator Mark Miller of Monona says it doesn’t make sense to move ahead with the costly bill. He says the state should wait to look at another proposal to toughen drunken penalties until a bill passed last year takes effect.

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Kingsport, TN Man Arrested for 10th DUI

Kingsport Police have filed a 10th DUI charge against a driver who was going about 20 miles per hour on Interstate 26 and weaving. The Kingsport Times -News reported that the 57-year-old man told the officer on Tuesday, “I’m drunk. Do what you gotta do.” The police report stated that when asked to take sobriety, breath or alcohol tests, the man kept repeating that he was drunk.

Police charged him with DUI, violation of the implied consent law and being a habitual motor offender.

The man has no driver’s license. Police said it had earlier been revoked for repeated offenses.

If you have been charged with DUI for a first time or a subsequent offense you should contact a DUI lawyer for a free consultation.

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