DUI News

Rima Fakih, the first Arab –American woman to wear the Miss USA crown, was arrested for a DUI in December and will stand trial in March after pleading not guilty. The former beauty queen was given two BAC tests and both times registered nearly twice the legal limit.

In an associated press report her attorney admitted to working toward a “proper conclusion” to the case. The report speculated on a plea bargain but the high alcohol content in the state of Michigan carries much more serious penalties than a typical first offense DUI. This could lead to 180 days in jail, 360 hours of community service and restricted driving privileges for the former Miss USA.

The seriousness of these charges certainly makes Ms. Fakih’s choice to be represented by counsel a good one.  A Michigan DUI attorney can see ways to undermine the case against you in an effort to make the charges and possible subsequent penalties more manageable.

The person who represents their own interests has limited knowledge of what can be argued when the arresting officers testify against them. Only a knowledgeable Michigan DUI attorney can make the proper complaints and criticisms of the evidence against you and the arresting officer’s actions.  An experienced DUI attorney knows what details to look for and how to use them in court to help you walk away from your DUI hearing with the best possible verdict.

An off duty Oregon State Policeman was charged last month with a DUI.  At his arraignment the officer filed to participate in the Oregon DUI diversion program. Officer Mitchell Hurliman has been on restricted duty since the incident. The Oregon DUI diversion program carries many requirements – the most important would be that the applicant has had no prior arrests for DUI.

The diversion program, which can replace the DUI on your record in Oregon, has changed for DUI arrests after January 1st 2012. Now the person in the program can only drive their car and it needs to be fitted with an ignition interlock device.  Another new part of the law prohibits any involvement with intoxicants of any kind while in the program.

This program, while strict, is certainly better than having a DUI conviction on your record in most cases.  Any person in Oregon facing a DUI charge should consult with an Oregon DUI attorney in order to establish the best plan of defense for their situation.

There may have been mistakes made by the arresting officer that could be used to have the DUI charges reduced or dismissed.  An experienced Oregon DUI attorney will look for these mistakes and investigate the circumstances that led to your arrest providing you with the best chance for a favorable verdict.

The results of a recent study suggest that man are almost three times more likely than woman to be arrested for driving drunk, a finding that is sure to spur plenty of debate between the opposite sexes.

According to a report from KIVI-TV in Boise, Idaho, which cited evidence offered on an auto insurance website, men are about three times more likely to be arrested for a DUI, reckless driving, or driving without a seatbelt.

And, before male readers unleash their outrage at potentially misleading statistics, these numbers are backed up by insurance company practices.

In Idaho, for example, average car insurance premiums are 14 percent higher for men than they are for women. It seems that car insurance companies, which have a vested interest in doing ample research on safe driving, buy into the adage that men have a tendency to be more reckless behind the wheel.

In addition to the findings about DUIs, the study also discovered that roughly 80 percent of accidents involving cars hitting pedestrians are caused by men.

Of course, not everyone is convinced that men are more aggressive drivers. The report interviewed local body shops in Idaho, which confirmed that they see a 50-50 split in body work requests from drivers.

In addition, anecdotal evidence from follDUIng police blotters suggests that women are frequently asked to submit to blood alcohol tests, though it must be admitted that more male offenders seem to dot the DUI headlines each week.

And, while the debate may continue between men and women about their driving habits, there are certain demographic trends that help guide police efforts to reduce the overall instances of drunk driving.

For example, it has been conclusively shown that young people are more likely than older drivers to be arrested for driving under the influence of alcohol.

Due to this reality, ant-DUI marketing campaigns led by local governments and non-governmental organizations tend to focus their messages on younger audience to maximize the potential impact of their ad campaigns.

Thanks to the success of these forms of targeted marketing, statistics shDUIng the proliferation of male drunk drivers may ultimately lead concerned police to target their messages to specifically male audiences.

If, in the future, anti-DUI messaging is restricted solely to young males, incidences of DUI arrests may very well decline. However, while statistics help reveal the realities behind DUIs, the act of driving while drunk has proven to be very difficult to eradicate.

Each year, millions of people get behind the wheel after having too many drinks, and a painfully small percentage of these drivers are ever caught.

By targeting DUI enforcement to certain populations, such as young males, police officers may be able to put a bigger dent in the problem of drunk driving than they would if they were casting a wider enforcement net.

Yes, this could be viewed as gender or age profiling, but in a country that sees 40,000 traffic deaths each year, drastic measures could be necessary to reduce the number of fatalities on American roads.

The celebrations director for Butte Montana may have been celebrating a bit too hard prior to getting behind the wheel of her car. The woman responsible for overseeing the St. Patrick’s Day and Fourth of July festivities for the city has pled guilty to a Montana DUI charge according to a Montana Standard news report.

The director, who has three prior DUI convictions, remains free with an alcohol monitoring ankle bracelet. A fourth DUI conviction in Montana is classified as a felony and could result in a prison sentence of up to five years.

The law allows for a probationary license but may require an ignition interlock device to be installed in the vehicle. The driver convicted of DUI has to pay for the installation and maintenance of this device and is liable for fines and increased insurance premiums for years to come.

There could be several discrepancies or inconsistencies in the evidence that the prosecution plans to use to a secure conviction in a DUI case. An experienced DUI attorney can find these mistakes in the case against you and work to have your DUI charge reduced or possibly even dismissed. Hiring an experienced Montana DUI attorney is essential if you hope to walk away from your DUI hearing with a favorable verdict.

A routine DUI traffic stop in northern California ended in a bloody melee, as a man trying to escape a DUI arrest was gunned down by police after he reached for his own weapon, according to a recent article in the San Francisco Chronicle.

Sources indicate that the 42-year-old driver, whose identity has not yet been released, was stopped last week on suspicion of drunk driving at around 10:00 p.m. in Santa Clara, California.

When the responding officer saw that the man was being uncooperative, he called for backup from a nearby fellow officer. According to a police report, before additional officers arrived, the suspect was seen reaching for a revolver in his car.

In a statement released by Santa Clara police captain Phil Cooke, the officer on the scene “fired in self-defense based on the suspect’s actions.” The shots fired by the officer ultimately proved fatal for the suspected drunk driver.

Again, according to Cooke, “unfortunately, the suspect was pronounced dead at the scene, but we’re grateful there were no other injuries.”

Police shootings of suspects, whatever the situation or crime, always foster a great deal of public scrutiny, and this incident will likely follow suit. Santa Clara police officials and other authorities have already launched a full-scale investigation of the matter.

While the investigation is proceeding, the officer who fired the fatal shots will be placed on administrative duties and temporarily taken off the streets. Sources indicate that the officer has been a member of the Santa Clara police force for two years.

This incident, while harrDUIng, raises a few interesting issues about DUI arrests. First, since police officers never know the mindset of the person they are pulling over, they often approach even routine traffic stops with a heightened level of awareness.

As a result, drivers should refrain from making sudden movements, or taking any steps that might make it appear like they are reaching for a weapon.

In addition, drivers are cautioned to pull over in a relatively non-busy and well-lit location, both for the protection of themselves and the officers.

Moreover, when an officer approaches your vehicle after you have been pulled over, keeping your hands on your steering wheel shows the officer that you are not dangerous and allows them to approach your car with a greater degree of comfort.

Finally, and this seems like an obvious statement but it must be emphasized, drivers who are pulled over, especially on suspicion of drunk driving, should remain polite and relatively cordial during their discussion with police.

Any aggressive words, even if they are not supported by violent actions, could be interpreted by police as a sign of hostility, which could lead to further criminal charges, or, in the worst case, unwanted violent action.

The Lincoln County sheriff’s office has received six new breathalyzers from the Nebraska Office of Highway Safety. These devices replace older models and have a cup to blow into instead of a tube making them easier to use. The new units are also more sensitive which will allow the most accurate readings in the breath testing of minors. Nebraska law enforcement officials can charge any minor with a .02 level which may have been difficult for other units to measure.

The improvement of breathalyzers is something everyone in the state can be grateful for but these devices are not always infallible. There have been many cases throughout the United States where poorly functioning breathalyzers have been responsible for many questionable DUI convictions.

If you have a pending case in Lincoln County you should contact a Nebraska DUI attorney. The Nebraska DUI attorney has access to all the DUI precedents that can be used in your favor.

An experienced Nebraska DUI attorney is well aware of which breathalyzer styles have had issues in the past or been retired due to poor performance. If the prosecution is depending on evidence from a piece of equipment that has a history of being unreliable your attorney can use that information to get your DUI charges reduced or dismissed.

The tragic death of a pedestrian due to a DUI accident hit a Florida community hard last week, but the bizarre survival of the walker’s dog offered a unique story of its own.

A man who was kayaking in the Gulf of Mexico discovered the pedestrian’s injured dog struggling to swim several hundred yards off the Florida coast, according to a story in the Washington Post.

Sources indicate that 53-year-old Donna Chen was jogging with her dog, Barney, on a sidewalk in Siesta Key, Florida, an island located about 40 miles south of St. Petersburg.

According to a police report, Chen and her dog were struck by 22-year-old Blake Talman, who had been involved in an accident moments before and struck the jogging woman while he was attempting to flee the scene.

After the accident, an injured Barney, a Hungarian Vizsla, leapt into the ocean out of fear and began swimmingly desperately out to sea.

Several hours later, a vacationing kayaker from Bellingham, Washington discovered Barney swimming towards him while the man was trying to fish.

The kayaker, Rory O’Connor, claims that he pulled Barney into the water and noted that the dog appeared “really scared.” In addition, the dog had several wounds on his leg and was bleeding profusely. O’Connor captured the rescue on his video camera, and the footage has become something of a viral hit.

When O’Connor took the dog ashore, his sister observed that Barney was a Vizsla and reminded her brother that the dog might have a microchip, an increasingly common used by pet owners to identify lost animals.

Shortly thereafter, O’Connor took Barney to a veterinarian, who discovered a microchip and was able to identify the dog’s owner. Then, O’Connor was able to contact Chen’s family, which is how he learned of the woman’s tragic death.

Police are still befuddled as to how the dog managed to swim more than a mile away from the accident, and this feat may remain a mystery. Sources indicate that the dog is recovering and should soon return back to full health.

Police, however, declined to comment on the dog because the vase is a vehicular homicide and remains under investigation.
Of course, despite the remarkable story of Barney’s rescue, Chen’s family is mourning her loss, which could have been prevented.

Sources say that Talman, the driver who struck Chen, is facing charges of DUI manslaughter, and is being held without bail at the Sarasota County Jail in Florida. There is little doubt that Talman will likely face an extended period behind bars for the accident.

While routine DUI arrests typically involve some jail time, a suspended license, or a fine, felony DUIs—especially those that involve the death of an innocent person—are an entirely different matter.

Indianapolis 500 winner Al Unser Jr. has had his DWI charge from September of last year upgraded to a more serious charge due to a no contest plea in a Las Vegas incident for DUI in 2007. The prosecution to have the charge increased to a DWI 2 due to the fact that this is technically a second incident. Mr. Unser was clocked at over 100 mph while racing another vehicle when his SUV was pulled over.

The New Mexico DWI law can be tough depending on many issues. Some charges are listed as a misdemeanor but a fourth or fifth offense is a felony.  Since the prosecutor has already taken action to increase his punishment hiring a New Mexico DUI attorney will be a necessity for Mr. Unser.

It isn’t just repeat offenders that require the assistance of an experienced DUI attorney, the first time offender also needs a well structured defense.  The first time offender has certain rights and a New Mexico DUI attorney can use their knowledge of the law to have this charge reduced.

A DUI conviction in New Mexico will not only result in increased insurance premiums and a large fine, the installation and maintenance of an ignition interlock device is required in New Mexico as well. The person charged must hire A DUI attorney to be sure all possible actions to reduce this charge are taken.

In a typical DUI case, the suspect is apprehended by police officers who are wearing uniforms, or are otherwise obviously licensed police. Rarely are people suspected of DUIs arrested by civilians.

A recent incident, however, in Bassett, California illustrated what happens when good Samaritans take the law into their own hands.
According to a recent story in the San Gabriel Tribune, the suspected drunk driver—a man in his mid-40’s whose name has not yet been released—tried to flee the scene of a crash on a California freeway but was thwarted by concerned citizens.

The driver had caused a crash around 5 a.m. that clogged morning traffic on the 605 Freeway for more than an hour, according to logs from the California Highway Patrol.

The crash involved the driver’s Honda Pilot and another vehicle and, despite the driver’s high level of intoxication, the crash did not cause any serious injuries, according to an interview with CHP Officer Luis Mendoza.

In the interview, Officer Mendoza said that the drunk driver tried to flee the scene immediately after the accident. In addition, Mendoza admitted that he could not verify some reports that suggested the driver tried to steal another car when he was running away from the scene of the crash.

According to Mendoza, other drivers “saw him kind of staggering, walking away from the scene.” When they tried to hold in place, the drunk driver reportedly became “a little aggressive.”

Despite the driver’s aggressive stance, one passerby was able to handcuff the man with flexcuffs, and then forced the man to sit down. Once the man was handcuffed and seated, several citizens kept an eye on him to ensure that he wouldn’t try to flee again.

Of course, after all this effort, the driver remained uncooperative when police arrived, as he refused to take a sobriety test and did not answer the officers’ questions. Nevertheless, because of his behavior and other obvious signs, the police concluded that he was under the influence of drugs or alcohol.

When CHP officers arrived, the suspect was not cooperative and refused to submit to sobriety tests, the officer said. Officers determined he appeared to be under the influence of drugs or alcohol.

Now, the driver will face potential fines, a suspended license, or even jail time as a result of his transgression. If he had injured any of the other motorists, or if he had injured a police officer, the possible sentence he would face would be much worse.

And despite the courage of the other drivers who detained the drunk man, people who are not trained police officers are typically discouraged from taking the law into their own hands, particularly if the situation involves a dangerous person.

Of course, this advice didn’t stop a few brave motorists in California from detaining an obviously inebriated driver.

The governor of Georgia has gone on record to support the use of accountability courts as a way to save the state money when dealing with non-violent defendants.  The Henry County court has a program where a repeat DUI offender serves 10 days then is released to get treatment for the underlying cause of continued excessive alcohol use.

The governor is supporting the idea that more programs like this need to be funded across the state. The program for DUI offenders includes behavioral modification counseling, enforced curfews, surprise home visits that include alcohol and drug testing and weekly meetings for progress reports. Programs such as this are encouraging as they are trying to get at the root problem of many DUI repeat offenders – alcoholism. 

A first time offender is not eligible for this program, it is for the repeat offender only. First time offenders need to be aware of their rights when facing a Georgia DUI and should enlist the help of a Georgia DUI attorney.

It is obvious that the state is concerned about the money repeat offenses cost them but there is a lot of money at stake for those with a first offense DUI.  First time offenders face heavy fines and higher insurance premiums for years if they plead guilty.  An experienced Georgia DUI attorney can find ways to have the charge reduced or pled down to a more manageable and affordable offense.