The worst of the nation’s DUI cases for the week. Our continued commitment to demonstrate the constant trail of blood on our highways due to drinking and driving. This week is a sobering 55 articles; the vast majority involve DUI deaths and some legal wrangling interspersed.

Police: Marin Couple Used Boy As Designated Driver

SAN ANSELMO [FL] — Heather Choulos and boyfriend Donald Hughes face charges after police say they coaxed her 13-year-old son to be their designated driver. Marin County Sheriff’s Department Close numSlides of totalImages A Marin County couple with several drunken-driving arrests between them let a 13-year-old boy drive them home to avoid another DUI, according to police. San Anselmo Police Sgt. Rob Schneider said the incident occurred after the three had dinner at a downtown restaurant, LoCoco’s Italian Pizzeria on San Anselmo Avenue, Sunday night. Officers investigating a Land Rover stalled along Sir Francis Drake Boulevard near Center Boulevard discovered the underaged driver. Schneider said the boy claimed he stopped because he was “freaked out” and refused to drive further. The couple apparently were too intoxicated to drive and asked the teen to be their designated driver, Schneider said. He indicated that the boy stopped the vehicle after he drove a few blocks, realized he was going the wrong way, turned around and became scared. Heather Choulos, 32, of Mill Valley appeared in court Tuesday on charges of child endangerment and contributing to the delinquency of a minor—both misdemeanors. The 13-year-old is the son of Choulos, police said. “She made a bad decision,” Detective Cpl. Julie Gorwood said. A reporter’s message left at a number listed for Choulos was not returned. Her boyfriend, Donald Hughes, 29, of San Rafael, faces a public intoxication charge.

Zillah man dies in accident outside Bellingham

ZILLAH, Wash. — A Bellingham, Wash., man is facing a vehicular homicide charge for the death of a Zillah man who died after the pickup he was riding in left the road and struck a tree early Sunday, according to the Washington State Patrol. Kenneth W. Maden, 57, of Zillah was one of four passengers in the 2005 Dodge Ram driven by 41-year-old Robert A. Milan. A State Patrol news release said the crash was alcohol-related, and none of the men in the pickup was wearing a seat belt when Milan’s pickup went off the road shortly before 2 a.m. Sunday in the community of Sudden Valley, several miles east of Bellingham. Milan and the other three passengers were injured and taken to St. Joseph Hospital in Bellingham.

Homicide by vehicle while DUI charges filed against Perry County woman

An arrest warrant has been issued for a Perry County woman accused of homicide by vehicle while intoxicated in connection with the 2007 crash that killed her husband. Susan Marie Loper, 55, of the 100 block of Huggins Road, Penn Township, refused to give police a sample of her blood to be tested the night of the crash on Oct. 25, 2007. She made the refusal after hospital employees told her that her husband, Norwood Benjamin Loper, 48, had died from injuries he received in the crash, arrest records state. State police later received a search warrant for a sample of Susan Loper’s blood, and tests revealed it had an alcohol content of 0.21 percent, the records state. A driver can be charged with a crime if their blood alcohol level is above 0.08 percent under state law. Susan Loper was operating the couple’s Ford F-150 pickup along U.S. Routes 11/15 in New Buffalo when she tried to turn left onto Market Street and drove into the path of a southbound tractor-trailer rig, according to arrest documents. She told troopers that she had been drinking vodka and cranberry juice prior to the accident, arrest documents state. Loper has also been charged with simple assault, aggravated assault, recklessly endangering another person and involuntary manslaughter.

Vehicular homicide trial begins

The trial began Tuesday for a London man accused of causing the automobile accident that killed his girlfriend. Phillip M. Sias, 48, of 5939 state Route 38 NE is charged wtih aggravated vehicular homicide, a first-degree felony. If convicted, Sias faces as many as 10 years in prison and $20,000 in fines. The charge stems from a crash on Plain City-Georgesville Road on April 25, 2009. Sias was driving a Nissan Maxima northbound at approximately 9 p.m. when he lost control of the vehicle. The car went off the road to the right, striking a mailbox, a large boulder and came to rest against a tree, according to court documents. The passenger in the incident was Titania Chapman, 35, of London. She was taken by helicopter to Grant Medical Center in Columbus and died at 11:15 p.m. Sias also was treated at Grant. Opening statements were presented and several prosecution witnesses testified in Madison County Common Pleas Court on Oct. 6. Prosecution and defense attorneys agreed that Sias had consumed alcohol early in the evening; however, assistant prosecutor Eamon Costello argued that regardless of the amount consumed, the alcohol adversely affected Sias’ “ability to safely operate” a vehicle. Defense Attorney Doug Shaw suggested Chapman and Sias were in a previous accident that evening while Chapman was behind the wheel. He said she “relapsed to drinking” and the injuries from the prior accident were responsible for her death. He also suggested the first crash caused significant mechanical damage to the car, thus impairing Sias’ ability to control the vehicle.

Man gets 10 years for intoxication manslaughter

Sentence: After deliberating for more than eight hours, a Montgomery County jury sentenced John Lewis Howard to 10 years in prison for intoxication manslaughter. Howard, 56, of Willis, pleaded guilty to the charge Monday, and the jury began sentencing deliberations Tuesday. Howard’s attorney requested probation, and the Montgomery County District Attorney’s Office asked for 15–20 years in prison. According to testimony in the 221st state District Court this week, Howard was intoxicated when he crashed his motorcycle on FM 1097 in April 2008. His passenger, Tammy Hillhouse, 37, was thrown from the vehicle and died from a broken neck and severed spine.

Teen driver in fatal accident expected to be charged today

A 17-year-old Torrey Pines High School senior is expected to appear in Juvenile Court this morning to face charges in connection with a rollover crash that killed a classmate and seriously injured another. The lacrosse player, who was booked into Juvenile Hall after the crash early Sunday, will not be charged as an adult, officials with the District Attorney’s Office said yesterday. It is the policy of The San Diego Union-Tribune not to name juvenile suspects. The specific charges filed against the teen will be determined at today’s hearing by Judge George “Woody” Clarke, who also will decide if the boy can be released to the custody of his parents. The California Highway Patrol has recommended charges of felony driving under the influence and gross vehicular manslaughter, said CHP Officer Eric Newbury. Killed in the crash was Alex Capozza, 17, a popular student and surferwhose younger sister also attends the high school. Three other boys, also 17-year-old seniors at Torrey Pines, were riding in the 2008 Mazda 3 when it crashed at 1:45 a.m. on La Granada, near Rambla de las Flores in Rancho Santa Fe. A witness, Patrick Frantz, told KGTV/Channel 10 that he came upon the accident just after it happened. Frantz said the driver ran up to him and asked him to tell authorities that Frantz was behind the wheel of the Mazda. Frantz said he told the person no and called 911, the news station reported. Authorities did not release the names of the three surviving passengers, but students identified two of them as Jamie Arnold and Josh Mendoza. Jamie remains hospitalized with head injuries. The CHP said the group had been drinking at a party, and the driver was speeding when he lost control and the vehicle overturned several times. Investigators believe drugs also may have been a factor in the accident, the CHP said. Accident investigators are working with the state Department of Alcoholic Beverage Control to determine where the alcohol was obtained and whether parents or older relatives were involved. “Right now we haven’t definitively determined where the alcohol came from,” said Gerald Ackley, a sergeant with the ABC trace unit. Ackley said there were at least 10 to 15 people at the house party, and more than one person could have supplied the alcohol. Ackley said he expects the investigation to take about two months.

Spurlin pleads not guilty to drunk driving, manslaughter in wreck that killed Medfield mom

Medfield — Jason Spurlin pleaded not guilty at a superior court arraignment Tuesday to drunk driving and manslaughter charges stemming from an Independence Day car wreck that claimed the lives of three young area residents. His broken right arm and other injuries from the accident appearing fully healed, Spurlin quietly entered a not guilty plea to three counts of manslaughter, three counts of motor vehicle homicide by negligent operation, operating under the influence of alcohol as a second offense, and reckless operation of a motor vehicle in Norfolk Superior Court on Tuesday morning. Spurlin, 31, is also charged with speeding and marked lanes violations. Walpole police say Spurlin was driving at 70 mph down East Street in Walpole before he lost control of his passenger-filled Jeep and careened off the road at the High Plain Street fork and hit a tree, resulting in the deaths of his fiancé — 23-year-old Amanda Murray of Medfield — and Nick Kelly and Anna Dubois, both 20, of Walpole. According to police reports, Spurlin told officers after the accident he drank eight beers during Walpole’s annual Night Before the Fourth celebration downtown prior to getting behind the wheel. The accident occurred after midnight — the morning of July 4. Spurlin pleaded not guilty to similar charges at the district court level on July 6. He was brought before superior court and indicted in August. Spurlin, a Florida native and father of a 4-month-old boy, is being held at the Norfolk County Correctional Center. His son, whose mother was Murray, is currently in the care of relatives. At the request of Assistant District Attorney George Papachristos on Tuesday, Superior Court Judge E. Susan Garsh upped Spurlin’s bail from $75,000 to $100,000. He is being held without prejudice — meaning that, although Spurlin’s court appointed defense attorney Elliot Levine did not argue the bail increase Tuesday, he withholds the right to do so in the future.

Dover man rejects plea deal in fatal drunken driving trial

KINNELON [DE] — A Dover man rejected a plea deal today in which he would have admitted to driving drunk and killing two teenage pedestrians in Kinnelon 2 1/2 and been sentenced to 20 years in prison. Instead, Eugene Baum, 48, chose to stand trial for the April 20, 2006, deaths of 15-year-old Mayada Jafar of Kinnelon and her cousin, 16-year-old Athear Jafar of Jefferson. If convicted by a jury, Baum could face up to 80 years in prison. Superior Court Judge Salem Ahto, sitting in Morristown, scheduled the trial for Jan. 11. Baum, who rejected the plea offer from the Morris County Prosecutor’s Office, is charged with two counts of first-degree aggravated manslaughter, two counts of second-degree vehicular manslaughter and a motor-vehicle offense of driving drunk. At the time of his arrest, Baum had a blood-alcohol level of 0.305, nearly four times the state’s legal limit of 0.08. The plea offer called for Baum to plead guilty to the two counts of aggravated manslaughter and driving drunk, have the other counts dismissed, and be sentenced to a pair of consecutive 10-year terms, with a minimum of 85 percent, or 17 years, of parole ineligibility. Baum mulled the offer for several hours with his attorney, John Iaciofano, before rejecting it. The victims’ parents, who were in court yesterday, appeared crestfallen when a prosecutor broke the news to them. The parents did not speak during the hearing and declined to comment afterward. Iaciofano has filed a motion to pursue a rarely invoked defense of “pathological intoxication.” The concept, which is roughly akin to raising an insanity defense, claims someone regularly became so intoxicated that they had no control over their alcohol or drug addictions and became oblivious to their actions. The girls’ cell phones were found at the scene, and Iaciofano also told the judge he plans to file a motion to obtain their phone records because it could show they were distracted at the time they were struck. “It goes to causation,” Iaciofano said. “The defense is entitled to see whether or not the victims were speaking on their cell phones at the time of the accident.” Morris County Assistant Prosecutor Maggie Calderwood shot back, “The girls were on the shoulder” of the road when Baum’s vehicle left his lane of travel and plowed into them as they walked. Those motions, as well as defense motions to suppress Baum’s statements to police and to suspend the criminal proceedings because he supposedly cannot participate in his defense due to having no recollection of the crash, will be heard in coming months before the trial begins.

Teen charged with felony DUI after crashing into biker in Myrtle Beach

A 17-year-old Columbia woman remains jailed after she reportedly struck a motorcyclist Sunday morning in Myrtle Beach [SC] while driving under the influence, according to police records. Laodicea Phillips is charged with two counts of felony driving under the influence with great bodily injury and one count of disregarding a traffic signal. Bond was set at $40,000 on Monday morning by a judge in Myrtle Beach Municipal Court. Phillips was then transferred to J. Reuben Long Detention Center outside of Conway. The crash occurred at 2:17 a.m. at the intersection of U.S. 501 and Broadway Street, according to jail records. Phillips was driving a 2007 Suzuki Aerio and traveling north on Broadway Street when she proceeded through a red light at a high rate of speed and struck the victim on the left side of his motorcycle, according to police records. The victim was thrown from his motorcycle and came to rest about 25 yards from the point of impact, police said. It is not known if the victim was wearing a helmet at the time of the crash, said Capt. David Knipes of Myrtle Beach police. Phillips continued northbound and stopped after striking a building in the area, the report shows. The victim underwent surgery Sunday morning at New Hanover Regional Medical Center in Wilmington, N.C. and was listed in serious but stable condition.

February trial set in Gillispie DUI case

LAWRENCEBURG, Ky. — A judge set a February trial Tuesday in the drunken-driving case against former Kentucky basketball coach Billy Gillispie. Gillispie, who coached at Texas A&M, wasn’t in Anderson County District Court for Monday’s hearing, but attorney William Patrick appeared on his behalf. He said afterward Gillispie was still considering a prosecution plea offer, which Patrick declined to disclose. “A decision has not been made on whether to accept the offer,” Patrick said. “It’s his decision, not mine.” Judge Linda Armstrong set a trial for Feb. 10–11 and scheduled a final preliminary hearing for Nov. 2. County Attorney Bobbi Jo Lewis has acknowledged offering Gillispie a plea deal but in a statement sent last week said she would not amend the case to a lesser charge than DUI. “I cannot speak for how Mr. Gillispie has been treated in the past, but in Anderson County he will be treated just like any other person arrested for DUI,” Lewis said. “Anderson County has one of the highest DUI conviction rates in the state when compared to similar counties, indicating our firm stance on DUI prosecutions which we will continue now and in the future.” Lewis declined Monday to comment further.

Man charged in fatal DUI crash had gotten into an earlier accident: prosecutors

A 27-year-old Ohio man — who had a blood alcohol level of .148 when his car slammed into another car, killing two South Side men — had gotten into another accident just before Saturday’s fatal crash, Cook County prosecutors said. After drinking a bottle of Arbor Mist wine and three vodka martinis, David Barbour, 27, struck a car at 62nd and Ashland, according to Assistant State’s Attorney Jodi Peterson. A witness observed Barbour get out of his car and begin yelling at the other motorist before he got back in his vehicle and started driving at a high rate of speed, weaving in and out of traffic, Peterson said. Barbour blew through a red light at Ashland and 59th and slammed into a car driven by William Taylor, 27, authorities said. Taylor and a passenger, Lawrence Peterson, 28, were pronounced dead on arrival at Holy Cross Hospital, Peterson said at Barbour’s bond hearing. Barbour was ordered held in lieu of $500,000 bail. A third passenger in Taylor’s car was hospitalized in critical condition at Mount Sinai Hospital, Peterson said. There were no passengers in Barbour’s car. Barbour had left a bar before the accident, and was driven to his car at 82nd and Ashland. He was offered a ride to his destination twice, but refused, Peterson said. Barbour faces two counts of reckless homicide and two counts of aggravated DUI, according to police. He is also charged with disobeying a traffic control signal, negligent driving and driving without insurance.

Driver may face homicide charge in fatal Sudden Valley crash

4 hurt; alcohol use suspected as pickup plows into tree
A Bellingham [WA] man is facing charges of vehicular homicide after an early morning crash in which one man was killed and four others injured Sunday, Oct. 4, in Sudden Valley. All five men were in a 2005 Dodge Ram pickup that was heading west on Sudden Valley Drive about 2 a.m. when it veered off the road and struck a tree, according to the Washington State Patrol. A 57-year-old man from Zillah, a city southeast of Yakima, died after being transported by ambulance to St. Joseph Hospital. His name is being withheld pending family notification. The other four men, who are all from Bellingham, were transported to St. Joseph Hospital with injuries. The driver, Robert Milan, 41, remained in the intensive-care unit late Sunday afternoon. Information on the condition of the other three passengers — Michael Peppers, 25; Nick Peppers, 26; and Wade Bucher, 30 — was not immediately available. None of the men were wearing their seat belts, and alcohol is believed to have been a factor in the crash, according to the Washington State Patrol.

Parolee charged in Crestwood fatal crash

A Markham [IL] man on parole for a 2006 reckless homicide has been charged with slamming into several vehicles Thursday at a Crestwood intersection, killing a Country Club Hills man and injuring several other people. Bruce Dozier was charged with reckless homicide, aggravated driving under the influence of drugs and driving under the influence of drugs; and cited for failure to reduce speed to avoid a crash and operating an uninsured motor vehicle, Crestwood police said. Police said the charges were filed Saturday. No bail information was immediately available. The incident was captured by several video sources and additional sources are being sought. Dozier was on parole for a 2006 reckless homicide, according to the Illinois Department of Corrections. He was also sentenced in 2003 for aggravated battery to a peace officer/fireman.

Teen Killed In Rancho Santa Fe Rollover Crash

SAN DIEGO [CA]– A Torrey Pines High School senior was in custody Monday on suspicion of driving drunk and causing a crash that killed a classmate and critically injured another in Rancho Santa Fe, authorities said. The solo-vehicle crash occurred around 1:45 a.m. Sunday in the 5000 block of La Granada, along the Rancho Santa Fe Golf Club, according to the San Diego County Medical Examiner. Alex Capozza, a 17-year-old senior at Torrey Pines High School, died at the scene when the speeding 2008 Mazda 3 crashed and rolled several times into bushes, the Medical Examiner’s Office reported. tentatively scheduled for Monday. The California Highway Patrol said the vehicle was full of Torrey Pines students who had just left a party, including 17-year-old Jamie Arnold, who was later hospitalized in critical condition with blunt head trauma. Neither he nor Capozza were wearing a seatbelt, the CHP reported. The driver, identified as 18-year-old Branden Butler, faces charges of drunken driving and gross vehicular manslaughter. CHP Sgt. Lew Hall said the driver and two other passengers, both 17, were wearing seatbelts and escaped injury.

Kan. teen charged in fatal accident

WELLINGTON, Kan. (AP) — A Wellington-area teenager has been charged with involuntary manslaughter after a fatal accident southeast of Wellington. Prosecutors say 21-year-old Patrick Burr is expected to appear in court Monday. Sumner County Sheriff Deputy Aaron Lamb says Burr was driving a pickup with four passengers Saturday southeast of Wellington when he collided with a car. 1 of his passengers, 19-year-old Brayden Wiley-Poppelwell, was thrown from the vehicle and died at the scene. Nobody else was seriously hurt. Lamb says Burr was arrested at the scene for suspicion of involuntary manslaughter while driving under the influence of alcohol and other charges.

Anger Builds: Driver in Fatal I-80 Crash Had Two Prior DUI Arrests — But Never Went to Court

CITRUS HEIGHTS, CA — Anti-drunk driving advocates said they want to know why authorities didn’t do more to keep a Sacramento man with two prior DUI arrests from getting behind the wheel before a fatal crash on Interstate 80 Friday that killed three people. Michael Neal, 51, remained hospitalized Saturday with a broken pelvis and ribs after the violent crash near the Antelope Road exit of I-80 Friday afternoon. Neal was driving a Honda Accord when he clipped the back of another car, careened across all westbound lanes and up a dirt embankment where the passenger side slammed into a tree, California Highway Patrol spokeswoman Lizz Dutton said. Two women passengers in the back seat of the Honda died at the scene. A third, identified as a 26-year-old Sacramento woman, was transported to Mercy San Juan Medical Center, where she died from her injuries. The names of the victims were not released pending family notifications. Dutton said Neal was driving on a suspended license and was suspected of being under the influence of alcohol and drugs at the time of the crash. According to Sacramento County court records, Neal was arrested for two prior DUI incidents since 1999, including one last year. Neither of those charges were prosecuted because Neil didn’t appear in court, leading to his license suspension. “He really should never have been on the road again. The fact that he had a suspended license means absolutely nothing to him,” Mothers Against Drunk Driving state program coordinator Silas Myers said. “As an offender, he will continue to drive as long as he wants to.”

NYPD investigating handling of blood test in officer’s fatal DWI case

NEW YORK — All too often, cops follow an unwritten rule if they’re arrested for driving while drunk — don’t take the blood alcohol test, no way, no how. As the circumstances surrounding the vehicular manslaughter arrest of NYPD Officer Andrew Kelly starkly illustrated this weekend, police officers often are unwilling to take a Breathalyzer test, or submit to a blood test, after they’ve been pulled over for drunken driving or gotten into a car crash. Several law enforcement sources, speaking on condition of anonymity, say they’d never blow into a Breathalyzer — the risk of producing scientific evidence of inebriation is too great, and a drunken-driving conviction means they’ll have to give up their badge. “If you think you’d going to fail, you don’t take the test,” said one source. Kelly, a seven-year veteran of the NYPD assigned to the 68th Precinct, struck and killed Vionique Valnord, the 33-year-old daughter of a Brooklyn pastor, as she crossed the street in the borough’s Flatlands neighborhood. Kelly refused to take a Breathalyzer test, and, the Daily News reported, it took authorities more than seven hours to administer a blood test, which showed no trace of alcohol. Kelly’s four passengers in his SUV left the scene of the crash. One of them, Michael Downs, a fellow police officer living in Eltingville, later turned himself in. Downs hasn’t been charged criminally, but he has been suspended, and one police source said it’s likely he’ll lose his job.

Motorcyclist pleads not guilty in DUI crash

A Cheyenne man charged with aggravated vehicular homicide while driving under the influence after the passenger on his motorcycle died in a crash has pleaded not guilty. Marvin E. Steiner Jr. pleaded not guilty Friday to killing 28-year-old Heather R. Hartley in the motorcycle crash east of Cheyenne on May 29. The 54-year-old Steiner is accused of crashing while racing another driver. Police say Hartley was pronounced dead at the Cheyenne Regional Medical Center on the night of the crash. Authorities say Steiner was released from jail on his own recognizance because he still has medical needs from the crash. Steiner on Friday was ordered to continue wearing an alcohol monitor bracelet. Robert R. Rose, Steiner’s attorney, had sought weekly testing instead because of the $100-a-week cost of the bracelet to his client.

DUI is charged in hit-run that injured city cyclist

A bicyclist hit Friday night by a truck in Center City remained in critical condition yesterday at the Hospital of the University of Pennsylvania. The charges against the 79-year-old man accused of hitting the female cyclist were upgraded to driving under the influence of alcohol and leaving the scene of an accident. Initially he was charged with suspicion of driving under the influence. Neither his name nor the woman’s was released by police. The woman, believed to be in her 40s, was hit about 7:30 p.m. at 22d and Market Streets. SEPTA police stopped the truck at 22d and the Benjamin Franklin Parkway

Man arrested in Orem after suspected DUI crash

Orem [UT] police arrested a suspected drunken driver after a crash that left a man with serious injuries early Sunday morning. The 24-year-old man ran a red light at Main Street and University Parkway just after midnight, said police Lt. Steve Barrett. He hit another car broadside, seriously injuring the other driver. He then got out of the car in the median and ran from the scene, Barrett said. Witnesses followed him as he ran to a house about three blocks away and pointed him out to police. The other driver was taken to Utah Valley Regional Medical Center, where he was expected to recover from his injuries. The 24-year-old was arrested on suspicion of felony driving under the influence of alcohol because of previous DUI convictions, Barrett said.

Driver Cited In Death of 17 year old Ludlow Resident

SPRINGFIELD, Mass (WGGB)- The driver of the 1992 Nissan Maxima that crashed early Friday morning in Springfield, killing 17-year-old Ludlow High School student Alicia Rodrigues, has been cited in connection with her death Sunday. Springfield Police Sgt. Thomas Long said a citation for 18-year-old Jake Trombley has been issued, charging him with vehicular homicide while driving under the influence. Police had previously noted that alcohol and speed had been suspected as causes for the crash, which occurred just after 1 a.m. Friday. Trombley will be summonsed into Springfield District Court Oct. 15, according to court’s clerk’s office. It is the second drunken driving-related tragedy in one week across Western Massachusetts, after 6-year-old Kyier Douchette of Holyoke was killed Sept. 25 after being struck while in a crosswalk at the intersection of Main and Cabot streets in Holyoke. Angel Ortiz, 34, was charged in connection to Douchette’s death with motor vehicle homicide while operating under the influence of alcohol.

Prosecutor: Juries should know about past DUI homicide convictions

Tracking DUI arrests, and why solving the problem of DUI is so difficult. What are the odds? If you roll the dice enough times, lucky seven eventually will come up. Under the same theory, if you drive drunk enough times, something bad eventually will happen. That’s a simplified explanation behind the commonwealth’s argument for seeking admission of prior DUI convictions in two pending York County [PA] DUI homicide trials. The prosecution contends both drivers showed malice — a blatant and callous disregard for others’ lives — when they chose to drive drunk. And, under an exception to the “prior bad acts” statute, the prosecution wants to inform both juries of the two defendants’ past crimes. Under state and federal law, the prosecution cannot reveal prior convictions just to establish a defendant has a propensity to break the law or is of “bad character.” And the prosecution also is barred from offering evidence that would be unfairly prejudicial to the defendant despite its value to the prosecution. In both pending cases, prosecutor Timothy Barker argued under the exception for the admission of the evidence to establish the fatal crashes had “an absence of mistake or accident.” Barker also referred to the exception to the prior bad acts prohibition as “the doctrine of chance.” “The more something occurs, the more you are able to predict what the outcome will be,” he said. In both cases, the defendants have multiple prior DUI convictions. And in both cases, the defense filed pre-trial motions to suppress that information. In September, York County Judge John S. Kennedy issued a one-sentence order ruling Julianne Fetrow’s previous vehicular homicide, as well as her four prior DUI convictions and her attendance of court-ordered alcohol safety classes, will be admissible at her trial. Last week, Judge Michael J. Brillhart took notice of that ruling while hearing argument on the pending prosecution of Travis Wagner Fowler. Barker argued Monday for admission of Fowler’s four prior drunk driving convictions and his attendance of court-ordered alcohol safety classes.

Three Dead, DUI Suspected in Citrus Heights I-80 Crash

CITRUS HEIGHTS, CA — Three women died and the driver of their car faces DUI charges in a crash on Interstate 80 in Citrus Heights Friday afternoon, according to the California Highway Patrol. CHP Officer Lizz Dutton said that just before 2 p.m., 51-year-old Michael Neal of Sacramento was carrying three passengers and traveling at a high rate of speed on westbound I-80 near the Antelope Road exit when he clipped a Honda CRX. Neal lost control of the Honda Accord as the car careened across all westbound lanes and up a dirt embankment where the passenger side slammed into a tree, Dutton said. Two women passengers in the back seat of the Honda died at the scene. A third, identified as a 26-year-old Sacramento woman, was transported to Mercy San Juan Medical Center, where she died from her injuries, Dutton said. The names of the victims were not released pending family notifications. Neal was taken to Sutter Roseville Hospital with broken ribs and pelvic injuries, said Dutton. Dutton said Neal was driving on a suspended license and was suspected of being under the influence of alcohol and drugs at the time of the crash. He was expected to be booked into the Sacramento County Main Jail once he is cleared to leave the hospital. According to Sacramento County court records, Neal was arrested for two prior DUI incidents since 1999, including one last year. Neither of those charges were prosecuted because Neil didn’t appear in court, leading to his license suspension. The driver of the CRX, Nancy Jellison of Auburn, said she and her friend pulled over after their car was hit, then saw the wreckage of the other vehicle. “We ran up to the car to see if we could help them,” Jellison said. “Three of them were unconscious, one was semi-conscious. We were just telling them not to move until the fire department could get there.” Jellison said she and her passenger had some back pain from the accident, but suffered no serious injuries. Everyone involved in the crash was wearing a seat belt, Dutton said.

Ruling: Warrant needed for DUI blood tests

PORTLAND, Ore. – With the potential to become a landmark ruling, the Oregon Court of Appeals ruled 5–4 Wednesday that police need to obtain a warrant to check a person’s blood-alcohol content. The court said a defendant was coerced by police to give a blood sample. The case, Oregon v. Machuca, overturned Thomas Gregory Machuca’s conviction of driving under the influence of intoxicants. According to the ruling, Machuca, a resident of West Linn, wrecked his car on Naito Parkway in Portland just before 2 a.m. on June 1, 2005, suffered injuries and was taken to Oregon Health and Science University for treatment. Portland Police Officer Joshua Ladd arrived at the scene of the accident around 2 a.m. and concluded at 2:10 a.m. that he suspected Machuca to be drunk. Ladd went to OHSU to question Machuca and asked him if he would take a blood test. Machuca agreed. The court, however, ruled that Machuca was coerced because the “consent was procured through a threat of economic harm and loss of privileges.” Machuca said that he gave consent after he was warned by Ladd that he could face a $1,000 fine and a one-year suspension of his license if he did not take the test, Willamette Week reported. The court agreed: “Article I, section 9, provides that “[n]o law shall violate the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search, or seizure * * *.” “The extraction of a blood sample by the police is both a search of the person and a seizure of an ‘effect’–the person’s blood.” State v. Milligan, 304 Or 659, 664, 748 P2d 130 (1988). Warrantless searches and seizures are per se unreasonable unless the state proves an exception to the warrant requirement. State v. Bridewell, 306 Or 231, 235, 759 P2d 1054 (1988).” John Henry Hingson III, a defense attorney, agreed with the court’s ruling and said, “There is no drunk-driving exception to the Constitution.” Hingson, who wrote “How to Defend a Drunk Driving Case: A Guide to Practical, Procedural and Legal Aspects” said the case “is a reaffirmation of the strength of the Constitution of the State of Oregon and the Constitution of the United States.” The ruling will have a significant impact on how police officers present evidence on DUII cases. The Portland Police Bureau said in a statement that “We are educating our officers about the new ruling but will continue to enforce DUII laws. This ruling won’t stop us from protecting the public and arresting drunk drivers.” Hingson said that with current technology there’s no excuse not to get a warrant. “If you want to, you can take your smartphone or your iPhone [and] e-mail a judge,” he said. He also said the ruling further strengthens individual rights from an unlawful search. “The Constitution applies to murder cases, robbery cases, rape cases, and drunk-driving cases the same,” he said. He also said the ruling could have a significant impact in the future on whether a breath test can be conducted without a warrant. It is still not clear how the ruling will affect how prosecutors try drunken-driving cases. But an appeal to the Oregon Supreme Court is likely.

Teen gets 15 years for deadly DUI crash

A judge in Orange County, Calif., sentenced a teenage boy to 15 years in prison for a 2008 drunken driving crash that claimed the life of a classmate. Orange County Superior Judge Carla Singer sentenced Milad Moulayi, 18, to the maximum sentence on a second-degree murder conviction Friday for the crash that killed 16-year-old Mackenzie Frazee, The Orange County Register reported. Testimony during Moulayi’s trial showed the then-16-year-old was urged not to drive after downing numerous shots of rum at a late-night party Aug. 28, 2008. While at least three people refused to ride home with the intoxicated teen, Frazee agreed to go with him. An accident-reconstruction expert testified at Moulayi’s trial that while driving home, the unlicensed teen drove at speeds of more than 100 mph before smashing into a concrete light pole. The Register said Frazee died of massive blunt-force trauma, while Moulayi was treated for minor injuries and later was found to have a blood-alcohol level of 0.11 percent.

Official to get prison for DUI crash

A jury fails to deliver a verdict on the most serious charge against deputy labor secretary Allen Cwalina, but a judge convicts him of three lesser counts. Allen Cwalina told a jury he drank alcohol only after a 2008 crash near his Lower Allen Twp. home. Deputy state labor secretary Allen Cwalina will serve at least 30 days in prison for a 2008 alcohol-related crash in his state car. Cwalina, 50, of Lower Allen Twp., faces prison even though a Cumberland County jury Friday couldn’t reach a verdict on the most serious of the four drunken-driving-related charges against him. Judge J. Wesley Oler Jr. convicted Cwalina on three lesser DUI-related charges that the judge considered separately during the trial.

Fierro jury unswayed by defense trickery (editorial)

So ends one chapter in another tragic tale of late-night drunkenness in Santa Fe [MS]: Carlos Fierro, once a promising young lawyer working his way through the political system toward higher office, Friday was found guilty of vehicular homicide. The bleary-drunk Fierro, on a late-November night last year, drove his high-priced car into local personality William Tenorio — and sped away before being caught a few blocks away. Tenorio died hours later. Compounding the outrage was that his passenger was a state police officer — one so highly thought of that he was part of the governor’s security detail. Sgt. Alfred Lovato still faces trial over his part in the incident. Nothing in the verdict, and the proceedings to follow, will bring back Tenorio, a 46-year-old father of three. His family was a portrait of class throughout the proceedings — during which Fierro’s defense attorneys threw everything procedural but the kitchen sink at District Attorney “Spence” Pacheco and her assistant, Juan Valencia. It was about all the defense could do: put the victim on trial — and, for good measure, the prosecution. Under our system of justice, defense lawyers owe their utmost efforts on their clients’ behalf — and Jason Bowles certainly gave that to Fierro. This case, from just days after the incident to Friday’s verdicts, saw defense-bar aggression reach a new plateau. But it went beyond that this week when it came to instructions to the jury — a process demanding honesty and openness between attorneys for the defendant and for the state. That includes a correct statement of the law. Instead, the defense altered the uniform language about reasonable doubt that “the Defendant’s act was a significant cause of death” to “the defendant’s act was the significant cause.” A few lines later came what should have said, “If you find the negligence of a person other than the defendant was the only significant cause of death, then the Defendant is not guilty of the offense of homicide by vehicle.” This was altered to say “the negligence of a person other than the Defendant was a significant cause of death.” In those words could have lain the difference between conviction and acquittal — so this wasn’t mere mistaken choice of language, nor was it harmless tinkering with the law; it was a blatant attempt to mislead the jury. Bowles angrily denies it — and the indignation is understandable: His behavior begs for a close look from the state bar. According to state rules, “the uniform instruction must be used without substantive modification or substitution.” Changes must be noted as such.

Driver of Fatal Crash That Killed Two Is Arrested and Charged

The driver of a vehicle in which two passengers were killed, was arrested by Tigard [OR] Police this morning. Cory Wayne Warwick, 23, of Aloha, turned himself in at the Tigard Police Department after learning he was recently indicted by a Washington County Grand Jury. Warwick is charged with two counts of Manslaughter I and DUII. Warwick was the driver of a modified 1967 Camaro that crashed in the early morning hours on October 10, 2008 along 135th Avenue near Brittany Drive. Nick Anderson, 21 years old at the time and 22 year old Shimona Ruscroelli were passengers in the vehicle. Both perished as a result of injuries sustained during the high speed single car crash. Warwick was ejected from the vehicle during the crash and was found on a rooftop of the home next to where the vehicle ultimately came to rest on its top. Warwick was hospitalized for an extensive time and spent months recovering at home. A host of law enforcement agencies assisted the Tigard Police Traffic Unit with the investigation which included numerous witnesses. Experts connected with traffic reconstruction were an integral part of the extensive and intrinsic information surrounding the crash which was compiled by Tigard Police Officer Rod Morse, the lead investigator and member of the Washington County CART. Warwick is currently lodged at the Washington County Jail.

City Councilwoman pleads guilty to DUI charges

Arrested in June on drunken driving charges, Charleston City [SC] Councilwoman Debra Morinelli has plead guilty to the DUI charge and a charge of having an open container of alcohol in her vehicle.

Local School Bus Driver Allegedly Drove Drunk

OJAI [CA] — A bus driver has been arrested on suspicion of DUI after after colliding with a pickup truck with 31 kids onboard. Highway Patrol officers say 53-year old Ojai resident Kim Fullenwider was arrested after the crash which occurred at 7:20 a.m. Wednesday at Baldwin and Los Encinos roads in Live Oak Acres. CHP Officer Steve Reid says Fullenwider was driving west on Baldwin when she made a U-turn in front of an eastbound pickup truck driven by 60-year old Dimitros Poulos. There were 31 students on the bus at the time but no one was hurt, Reid said. The bus sustained moderate damage, Reid said. The students were headed to Meiners Oaks, Nordhoff High and Matilija Junior High schools, Reid said. After the collision, another bus was summoned to pick up the children, he said. Fullenwider, a 19 year veteran bus driver, was booked on suspicion of misdemeanor drunken driving and 31 counts of misdemeanor child endangerment. Police would not release her blood alcohol level.

Millcreek Township constable candidate faces trial on DUI and weapon charges

A Millcreek Township [PA] constable candidate faces trial on charges he fought with security at an Erie nightclub and then drove away from the club while intoxicated. Keith E. Coleman, 24, appeared Thursday before Erie 6th Ward District Judge Dominick DiPaolo and waived a preliminary hearing on misdemeanor charges of driving while under the influence and possessing an offensive weapon, and three summary charges, public drunkenness, harassment and failure to stop at a red light. Coleman, of the 5100 block of Clinton Street, declined to comment through his lawyer, Eric Mikovch. Coleman is the Democratic candidate on the ballot for Millcreek Township constable in the municipal election on Nov. 3. He won the spot on the ticket through a write-in campaign and will face off against Republican Bill J. Petersen, of the 5400 block of Cray Road. According to a criminal complaint filed by Erie police, the charges stem from an incident that occurred in the Zone nightclub, 133 W. 18th St., at about 2:15 a.m. on Aug. 8. Police said Coleman fought with security staff who had to remove him twice from the women’s restroom at the club. Police said Coleman also tried to choke one of the security guards as he was being removed from the restroom. Once Coleman left the club, he “peeled out” of the club’s parking lot in a car that had three flat tires, then passed through a red light at the intersection of State and 18th streets without stopping, police said. Police said he had a strong odor of alcohol about him. He was also found to be in possession of an all-plastic knife, with a modified handle that was not detectable by a metal detector, police said.

Driver arrested on suspicion of DUI after hitting tow truck in Danville

A 23-year-old Danville man was arrested on suspicion of drunken driving after he hit a tow truck early this morning, injuring himself and the truck operator, the California Highway Patrol said. A tow truck operator was tending to a vehicle parked on the shoulder of southbound Interstate 680 north of Diablo Road about 1 a.m. when a Toyota 4Runner crashed into the back of his truck, said Officer Tom Maguire. The driver, identified as Kevin Dubrall, suffered a cut to his head and an abrasion to his arm, and the tow truck operator suffered a back injury, Maguire said. The operator was outside his truck when the crash occurred, but it was not clear how he was injured. Both men were taken to local hospitals. Dubrall was arrested on suspicion of felony DUI before being released to the hospital, Maguire said.

Easley man charged with DUI, hit and run after Greenville collisions

GREENVILLE COUNTY [SC] — An Easley man is charged with felony DUI and leaving the scene of an accident after troopers say he was involved in two accidents in a matter of minutes. Keith Earl Wykle, 52, of 154 Long Creek Drive, was arrested after the collisions, said Lance Cpl. Jeff Gaskin with the S.C. Highway Patrol. The first collision occurred at 8:28 a.m. Wednesday as Wykle was traveling eastbound on S.C. 124 in a 1993 Ford Crown Victoria, Gaskin said. Wykle’s car struck a 2005 moped driven by Greenville resident Glenn Otto, Gaskin said. Otto was thrown from the moped and injured in the collision, Gaskin said. He was transported to Greenville Memorial Hospital, he said. Otto was not wearing a helmet. Wykle is accused of then fleeing the scene, only to collide with another vehicle, a 1999 Subaru, driven by Greenville resident Ethel Hall, Gaskin said. Hall and a passenger in her vehicle were taken to GMH for treatment of injuries. Wykle was injured in the collisions and was also transported to GMH for treatment. The Highway Patrol is still investigating the accident, Gaskin said.

EPD to fine DUI drivers for emergency response

The Eureka [CA] Police Department began a cost recovery program Thursday that will charge drivers a $350 fee if they create the need for an emergency response due to driving under the influence of drugs or alcohol. The EPD has been working on the details of the fee for about three months, said Police Chief Garr Nielsen. ”People who drive under the influence and are involved in a traffic accident end up costing us an inordinate amount of resources,” Nielsen said. The fee isn’t expected to add much to the city’s general fund, but it should help offset the resources used for emergency situations involving DUIs. The new fee will be assessed immediately and those fined will have 15 days to pay the amount in full, even though their case will not have gone to court yet. After debating how long people should be given, 15 days seemed reasonable, Nielsen said. ”We feel like it’s imperative that people are held accountable,” he said. If the fee is not paid within 15 days, it will go to a collection agency. Insurance policies cannot pay the fine, according to an EPD press release. California Government Code allows police departments to collect fees for specific situations, including emergency responses resulting from a DUI driver’s actions. Eureka City Attorney Sheryl Schaffner said that because the fee is civil and not criminal, the threshold for evidence is not as great. The stakes are also different.

Newark man faces felony DUI charges after Route 404 crash

BRIDGEVILLE, DEL. — On Thursday, just after 8 p.m., a trooper traveling northbound on U.S. 13 at Route 404, drove up upon a two-vehicle property-damage collision that had just occurred. The trooper made contact with both operators involved in the crash and learned the at-fault driver, who had rear-ended the vehicle in front of him, was allegedly intoxicated. The trooper made contact with William E. Boulden, 43, of Newark, and could detect a strong odor of alcoholic beverages coming from Boulden’s breath. A DUI investigation was conducted and Boulden was subsequently arrested for DUI. During the DUI investigation, the suspect was patted down and a small bag of marijuana was found in his possession. Boulden has been previously convicted of three DUI offenses, making this fourth arrest a felony offense. In addition to the felony DUI charge, Boulden was arrested for possession of marijuana, driving at an unreasonable speed, and failure to have his license in possession. Boulden was committed to Sussex Correctional Institute, after failing to post $5,601 secured bond.

Beach man charged with DUI after Sandbridge crash

VIRGINIA BEACH [VA] — A Beach man was in jail Friday, charged with DUI and felony hit-and-run after a crash in which his girlfriend was left trapped in waist-deep water, police said. Police said Michael Brandon Walck, 23, lost control and ran into a ditch on Sandbridge Road early Friday morning. His girlfriend told police that he was drinking and ran from the scene, according to Adam Bernstein, a police spokesman. It took about an hour to remove her from the wreckage, Bernstein said. She was flown to Sentara Norfolk General Hospital with a leg injury, he said. Officers found and arrested Walck. He was being held without bond in the Virginia Beach jail.

Driver gets 5 years in friend’s death

A West Side [OH] woman was sentenced yesterday to five years in prison for running over and killing a friend who tried to stop her from driving drunk. Belinda Keeler, 44, of Bay Club Circle, pleaded guilty in Franklin County Common Pleas Court to aggravated vehicular homicide. No one at an all-day party on May 2 in the West Bay Apartment complex wanted Keeler to drive, but she insisted and tried to leave about 5 p.m., Assistant County Prosecutor Don Miller said. Shannon Bennett, 54, tried to take Keeler’s car keys from her. A witness said he hung on the hood of her car, but she drove off, eventually rolling over Bennett’s body. He died at Doctors Hospital. “He had a crush on her. He would have done anything for her,” Jody Feist, one of Bennett’s five children, said after yesterday’s hearing. A test showed that Keeler had a 0.17 percent blood-alcohol level. An Ohio motorist is presumed intoxicated at 0.08 percent. Judge Beverly Y. Pfeiffer accepted a negotiated plea that shaved three years off the maximum sentence of eight years. She said Keeler is not eligible for early release and must forfeit her Ohio driver’s license for life. Feist and three of Bennett’s other daughters were in the courtroom and heard Keeler tearfully apologize for his death.

Des Moines. woman may have told police she was drunk, documents show

Police and court documents indicate that the alleged driver in a fatal hit-and-run accident Saturday in Des Moines [IA] may have told police she was intoxicated. Angela Marie Arellano, 36, of Des Moines was charged Monday with vehicular homicide while intoxicated in connection with the accident that killed Devin Fry, 13, and injured Rabiatu Juliana Timothy, 17. A police report, as amended on Wednesday, says, “Through witness and driver statements, the driver was determined to be under the influence of alcohol at the time of the collision.” Also, records at the Polk County Courthouse concerning the homicide by vehicle charge filed against Arellano say the defendant is implicated in the crime by admission statements. Court records do not provide detail about statements. Police Sgt. Lori Lavorato said the department will not reveal how it determined Arellano was intoxicated at the time of the accident. The accident near Sampson Street and East University Avenue took place shortly before midnight Saturday. Police were not able to talk to Arellano until Monday morning when she showed up for questioning with an attorney. Prosecutors commonly rely on blood and urine tests to show that a driver was intoxicated. But those tests cannot be performed if there is a long delay in locating the driver because evidence of alcohol would diminish over time. Arellano, a state courts interpreter, also is charged with serious injury by vehicle. If convicted, Arellano faces 25 years in prison on the vehicular homicide charge and five years for the serious injury by vehicle charge. She is in the Polk County Jail on an $80,000 cash-only bond. Arraignment is set for Nov. 10.

Man to stand trial on homicide by vehicle charges in Lebanon County crash that killed 2

The Florida man accused in a double-fatal accident Sept. 1 in Union Township, Lebanon, County [PA], will stand trial on charges that include homicide by vehicle, reckless endangerment, aggravated assault by vehicle while DUI and more. Richard James Finch, 28, of Cape Coral, Fla., waived his preliminary hearing in Lebanon County central court Thursday. Killed in the crash were driver John D. Kroh, 67, of Tremont, Schuylkill County, and passenger John F. Becker, 70, of Pine Grove. Seriously injured was another passenger, Kathryn M. Becker, 81, also of Schuylkill County. Kroh’s grandson, Jason Kroh Jr., 3, was unharmed in his child safety seat, state police said. Jason Kroh Jr.’s other grandfather, Robin E. Lucas, 47, also of Tremont, was also killed in a crash Sept. 1 when he lost control of his vehicle on a curve on Gold Mine Road, troopers said.

Man waives hearing on homicide by vehicle charge

BEAVER [PA] — A Beaver man waived his right to a preliminary hearing Thursday on charges that he killed a man in a drunken driving crash last month. Michael A. Kowal, 52, of 205 First St. now faces trial on charges including homicide by vehicle while driving drunk, homicide by vehicle, aggravated assault while driving drunk, involuntary manslaughter, reckless endangerment and drunken driving. According to a Center Township police report, Kowal had a blood-alcohol level of 0.171 percent just after the 11:55 p.m. Sept. 3 accident at Brodhead and Old Brodhead roads in the township. Center police wrote that Kowal’s truck slammed into the back of a car with four passengers in it sitting at a traffic light at the intersection. Advertisement One of the passengers, Scott Boyd, 31, of Midland, was flown to UPMC Presbyterian Hospital in Pittsburgh for treatment of head injuries, and died around 6 a.m. Sept. 4. Two of the other people in the car also were seriously injured, police said. There was no plea agreement reached for Kowal to waive his hearing, according to Beaver County Assistant District Attorney Chad Parks. Kowal remains free on bond.

Groton driver in fatal May crash pleads to vehicular manslaughter

A Groton man has taken responsibility for his best friend’s death. In an emotional hearing in Tompkins County Court, Timothy D. Neal admitted that he was driving drunk when he had an accident that killed Matthew McKane, 27, of Locke. Neal pleaded guilty to second-degree vehicular manslaughter, a Class D felony, and driving while intoxicated. Neal is scheduled to be scheduled to be sentenced on Nov. 17, and prosecutors are recommending he serve 1 1/3 to 4 years in prison. Neal was “sobbing uncontrollably” at his plea hearing, said his attorney Nino Lama. Neal wasn’t distraught over the prospect of prison, but the death of McKane and his part in it, Lama stressed. “He was my best friend,” Neal said during his plea last month. Neal lost control of a 1996 Dodge Caravan and struck a tree on Lafayette Road in Groton about midnight May 2, according to court papers. He was the former general manager of the Cortland Assault semi-pro football team, and McKane, the wide receiver and quarterback, was ejected from the van and died from blunt head trauma, sheriff’s officials said. McKane was pronounced dead at the scene, while Neal and passengers Melissa L. Marshall, 33, and Shaun D. Kullman, 24, of Cortland were treated at hospitals and released, the officials said. The accident occurred while Neal was driving McKane and the others from the Palm Gardens tavern in Cortland, where they had been drinking with players earlier that evening, court documents said.

DUI penalty upheld for repeat offenders

Repeat drunken drivers can legally have 10 days tacked onto their jail sentence for refusing to take a breath test, a deeply divided Ohio Supreme Court ruled yesterday. The court’s 4–3 decision in a Union County case overturned a state appeals court ruling that the DUI-law provision violated both the Ohio Constitution and the Fourth Amendment to the U.S. Constitution barring unreasonable search and seizure. Justice Judith Ann Lanzinger and three other justices said motorists have “no constitutional right to refuse to take a reasonably reliable chemical test for intoxication.” Chief Justice Thomas J. Moyer was among the dissenters who countered that the state law “amounts to coercion” and is unconstitutional. Columbus attorney Jonathan Tyack, representing motorist Corey Hoover in the case, said he plans to ask the Ohio Supreme Court to reconsider its decision and, if necessary, to appeal to the U.S. Supreme Court based on constitutional issues.

Comic Artie Lange pleads guilty to DUI in NJ

TOMS RIVER, N.J. — Comedian and radio personality Artie Lange has pleaded guilty to driving under the influence of a habit-producing drug in a minor traffic accident in New Jersey. The 41-year-old Lange was charged following the July 10 accident in Toms River, about 40 miles southeast of Trenton. He entered his plea Wednesday in municipal court. Judge James Ligouri revoked his driving privileges for seven months. Lange, a regular on radio’s “Howard Stern Show,” said he was under the influence of prescribed sleeping pills, which he had last taken the night before the crash.

Lexington Cop Arrested For DUI And Public Indecency

A part-time Lexington [OR] Police Officer has been placed on administrative leave without pay after being charged with drunk driving and public indecency. Kevin Wiseman, 42, of Mansfield, was arrested Wednesday morning by Ontario Police in the parking lot of Buffalo Wild Wings at 2016 West Fourth St. Police discovered Wiseman and a 37-year-old woman undressed in his SUV starting to have sex. Wiseman failed a sobriety test and once taken to the police station refused to take a breath test. Wiseman has been with the Lexington Police Department for 12 years.

Police Chief Resigns After DUI Arrest

GREENWOOD, Ind. — Center Grove Schools Police Chief John Cox resigned earlier this week after an arrest last weekend on a drunken driving charge. Superintendent Steven Stephanoff said Thursday that Cox tendered his resignation to the school board on Tuesday. The school board has accepted the resignation and will begin a search for a new police chief. The Johnson County Sheriff’s Department said Cox, 48, had been drinking before he came upon a checkpoint Friday in the 1100 block of North Madison Avenue. According to police, Cox told an officer that he slept in his truck for a couple of hours before hitting the road after spending the evening at a nearby bar. Cox had been suspended without pay after the incident. He had previously worked for police departments in Fishers and Key West, Fla.

Child injured in alleged DUI, swamp buggy incident

FORT MYERS [FL]: A man was arrested after his child fell off a swamp buggy the man was allegedly driving while drunk. Deputies were called about the incident on Rod & Gun Club Road around 7:30 p.m. Wednesday. As a deputy rolled up on the scene, he reports Glen Maxey, 58, was chasing his wife’s car down the road in his Ford F350 pickup. The deputy stopped Maxey and detained him on suspicion of drunken driving due to his slurred speech and the smell of alcohol on his breath. Maxey allegedly told the deputy he’d had an argument with his ex-wife and she’d gotten the last word in. Determined not to let that happen, he said he chased her down the road in his truck. Maxey failed several field sobriety tests and refused a breathalyzer test. He was arrested for DUI. Deputies then spoke to Maxey’s ex-wife. She told them Maxey put the children in a swamp buggy when she dropped them off. She says Maxey had one of the children on his lap while driving the vehicle back to his home. He allegedly started driving erratically and one of the children fell out of the swamp buggy. The child suffered a bruised back and was treated by EMS. The child was then taken for further medical care after vomiting at the scene.

City Councilwoman pleads guilty to DUI, open container charges

MT. PLEASANT, SC (WCSC) — Charleston City Councilwoman Deborah Morinelli pleaded guilty to DUI and open container charges Thursday afternoon. Magistrate Thomas E. Lynn sentenced Morinelli to pay $2,529 in fines. Judge Lynn cited a clean criminal record, no previous traffic violations and her public service record as reason for the sentencing. Morinelli, 55, was not at the proceedings, which were held at a Charleston County Court in Mt. Pleasant. Her attorney, Paul Tinkler, told Lynn that Morinelli is currently in a rehab facility in Sumter, where she is being treated for alcoholism. In court, a Charleston Police officer testified the incident happened June 26 around 1:30 pm. Morinelli was found sitting in a ditch outside her car near Plainview Road and Highway 61, said Officer Heath King. She could not get up, kept falling back and had a strong smell of alcohol, he added. Morinelli admitted to having two bottles of wine, King told the judge. Inside her car, she had several eight-ounce bottles of wines, he added. Morinelli was arrested and taken to MUSC. Blood tests from the State Law Enforcement Division show Morinelli had a .29 blood alcohol level, three times the legal limit. When asked where she had been, Morinelli told King she had been at an Alcoholics Anonymous meeting that morning, but could not explain where she had been since then, King told the judge.

Have an old DUI and expensive 2010 Olympic plans? Read this

So, you’ve secured thousands of dollars worth of Olympic tickets and, perhaps, hotel reservations, and suddenly you’re hit with a bombshell question: Could that old DUI on your record stop your Olympic experience right at the Peace Arch border crossing? That’s the very question a number of Olympic fans asked recently, when a news piece about U.S. residents being turned around by immigration officials appeared in The Seattle Times. The answer? Quite possibly, yes. The bottom line is Canada does treat prior offenses, including DUIs, seriously, and does deny entry to many people with such offenses on their records. And, a spokesperson for Canada Border Services told me this week, there are no exceptions for fans, guests, officials or anyone else entering Canada next February just to go to the 2010 Winter Olympics. “Yes, the rules apply to everyone,” Faith St. John, communications advisor for Canada Border Services,” states in an e-mail. “Every person seeking entry to Canada must demonstrate that they meet the requirements for entry into Canada. Canada’s admissibility requirements will not change during the 2010 Olympic and Paralympic Games.”

2-Year-Old’s Condition Worsens From DUI Crash; Mom’s Charges Escalate

A mother is now facing child abuse charges after a rollover accident last week in which she was charged with DUI. Twenty-six-year-old Darla Rodriguez was driving north on Interstate 25 in Pueblo County [NM] when she lost control and rolled her Saturn. Her 2-year-old daughter was critically injured in the crash. The little girl was initially taken to Parkview Medical Center but then flown to Denver’s Children’s Hospital. According to court documents, the child suffered serious bodily injury and the doctor’s report says there is significant risk of serious permanent disfigurement. The documents also indicate Rodriguez admitted to drinking a 6-pack of beer before getting behind the wheel and not buckling the child up. Police found a child’s safety seat improperly installed in the car.

Augusta man sentenced for Athens hit-and-run death

ATHENS, Ga. (AP) — An Augusta man has been sentenced to eight years in prison for the hit-and-run death last year of a 12-year-old Athens boy who was bicycling near his home in Clarke County. Clarke County Superior Court Judge Steve Jones sentenced 24-year-old Gainesville State College student Joseph Patrick Armstrong on Wednesday under a plea agreement for the death of 12-year-old Gedera Thomas on June 8, 2008. Armstrong pleaded guilty to first-degree homicide by vehicle, DUI and leaving the scene of an accident. Prosecutors dropped a second vehicular homicide count. In addition to the prison time, Jones also sentenced Armstrong to 12 years of probation.

Man charged with homicide while DUI

HAZLE TWP. [PA]– A Schuylkill County man was charged Tuesday in connection with a deadly hit-and-run that state police at Hazleton allege was alcohol related. Police said in arrest records that Jerome Robert Justofin, 45, had a blood-alcohol level of .186 percent several hours after he slammed his Dodge Ram pickup into Festus Ampomah, 47, on state Route 924 on Oct. 3, 2008. Ampomah, of Philadelphia, was walking along the highway after his tractor-trailer became disabled, police said. Police said Justofin drove to his Zion Grove home, where he told his sons that he struck a pedestrian. Justofin was charged with homicide by vehicle while driving under the influence, accidents involving death, failure to notify law enforcement authorities of an accident, two counts of driving under the influence and several traffic violations. He was arraigned by District Judge Thomas Sharkey in Hazle Township and released on $10,000 unsecured bail. According to the criminal complaint filed by Trooper Jim Donnini: Ampomah was driving a tractor-trailer that broke down at about 1:30 a.m. on Route 924, near Chestnut Hill Drive. He got out of the truck tractor and was walking along the roadway when he was struck by a vehicle. Police said Justofin’s ex-wife, Jean Michelle Justofin, called state police saying that her ex-husband struck a pedestrian. Police arrived at about 4 a.m. at Justofin’s residence, where they found him lying in bed. He told police that he was traveling home from a pool league at a bar in Conyngham, where he consumed two shots of vodka and eight to 10 beers. He said he didn’t have anything to drink after the crash except for an iced tea. Police said in the criminal complaint that Justofin displayed signs of intoxication and had trouble standing. He failed a series of field sobriety tests, police said. Justofin was taken to Hazleton General Hospital, where he consented to a blood alcohol test at 5 a.m. Police said that Justofin had a blood-alcohol content of .186 percent.

Driver with 3 DUI convictions charged with pinning man to a wall

SANTA ANA [CA] – A suspected drunken driver with three prior convictions was indicted on gross vehicular manslaughter charges for killing a pedestrian by pinning him between his car and a block wall in Santa Ana. Joel Torrejon Miranda, 40, of Santa Ana, was also accused in a sentencing enhancement of fleeing the scene of a fatal crash. He faces a potential sentence of 20-year to life in prison if convicted, according to Deputy District Attorney Jason Baez. Miranda pleaded not guilty today during an arraignment before Superior Court Judge Thomas Goethals. The judge scheduled a pretrial hearing for Oct. 23. Miranda remains in custody on $1 million bail. The indictment stems from a Feb. 1 incident where Miranda was driving a Chevrolet pickup truck on Newhope Street in Santa Ana when he made an unsafe left turn in front of oncoming traffic, Baez said. Miranda’s pickup then crashed into a Mercedes-Benz driven by Nguyen Tran, 36, who quickly called 9–1-1. Miranda’s truck then went up the curb and struck pedestrian Francisco Aquino, 44, of Santa Ana. Aquino was pinned against a wall, and died at UCI Medical Center two days later. Miranda fled the scene, police said, and was arrested at his home a short time later. Investigating officers said Miranda showed signs of being drunk, including slurred speech and bloodshot eyes. He allegedly had blood alcohol level of .23 percent — almost three times the legal limit of .08 – when he was tested about 90 minutes after the crash.

Woman indicted for manslaughter flees to Texas

Officials in Texas are searching for a woman indicted earlier this month on manslaughter and assault charges in Madison County [VA]. Keiley Harrison, 24, is a Texas native who was living at an address on Churchill Drive in Richmond when she was indicted Sept. 17, said Col. Ed Robinson with the Madison County Sheriff’s Office. Harrison was indicted in connection with a May 27 accident on KY 52 in which her 1995 Chevrolet pickup truck collided head-on with a 1984 Ford pickup truck driven by Archie Hurley, 59, of Irvine. Hurley died in the accident, while his wife Patsy, 45, suffered facial injuries in the crash. Police believe he was not wearing a seatbelt when the collision occurred. Harrison was suspected of driving drunk in the crash, and a grand jury indicted her on charges of second-degree manslaughter, second-degree assault and aggravated driving under the influence, second offense. Robinson said Harrison was scheduled to surrender herself to authorities at the sheriff’s office at 9 a.m. Sept. 18, but fled to Texas instead.

Police Dept. Investigating Handling of D.W.I. Case

The Police Department has begun an internal investigation into the initial police response to a fatal accident involving an off-duty police officer, and whether there was any attempt to help that officer conceal whether he was drunk, people with knowledge of the inquiry said on Wednesday. The possibility of such help brought a sharp condemnation from Mayor Michael R. Bloomberg, who said at a news conference that “if true, the allegations of a D.W.I. hit and cover-up are reprehensible.” The off-duty officer, Andrew Kelly, 30, was charged with vehicular manslaughter and driving while intoxicated after the police said the sport utility vehicle he was driving struck a woman, Vionique Valnord, 32, about 1 a.m. on Sunday in Flatlands, Brooklyn [NY]. A second off-duty officer, Michael Downs, who was a passenger in Officer Kelly’s vehicle, was suspended. The mayor said, “Only the investigation will tell us what actually took place, but as our police commissioner, Ray Kelly, has said, our police officers are held to higher standards than anybody else, and the public can be assured that we will get to the bottom of this.”

Oregon man, 89, charged with manslaughter

VALE, Ore., — An 89-year-old Vale, Oregon man was arrested Tuesday by Oregon State Police on manslaughter and driving under the influence charges following a two vehicle fatal head-on crash on Highway 26 in northern Malheur County. According to OSP, on Tuesday, at about 8:10 p.m. a Ford pickup driven by David Messer, 60, was stopped facing westbound near the eastbound shoulder fog line with the hazard lights on near milepost 259 on Highway 26. A 1990 Ford pickup driven by Warren Edwards, from Vale, was eastbound and collided into the right front section of the stopped pickup. Messer was pronounced deceased at the scene. OSP says Edwards refused medical treatment and was subsequently arrested by OSP for the manslaughter charge. Edwards is in the Malheur County Jail.

Forgiveness, embraces as man sentenced to 16 years in Salinas DUI death

Two families torn apart by a drunken driving crash tearfully embraced one another Wednesday morning in Monterey County [CA] Superior Court Judge Terrance Duncan had just sentenced Dion Thomas Gussner to 16 years in prison for plowing his pickup truck into the Balch family’s Honda outside Salinas, killing 4-year-old Sebastian Balch. Drunken driving cases — and deaths — are not uncommon. But officials said what happened in court Wednesday was “extraordinary”: forgiveness and admitting responsibility. “We all make mistakes. We are all sinners,” Sebastian’s mother, Dr. Christa Balch, told the court in a strong voice. “We forgive you.” Balch’s wrist was still bandaged from injuries received in the Aug. 9 crash. Gussner had pleaded guilty to gross vehicular manslaughter, causing great bodily harm and injuring multiple victims, just nine days after the crash. In court Wednesday, he said he didn’t feel worthy of the Balches’ forgiveness. “I destroyed not only one family, but two,” Gussner told Duncan, the Balches and his family and friends who sat in the courtroom. Gussner, 32, of San Luis Obispo, drank five shots of whiskey and two large beers before getting into his Dodge pickup that evening.

Top Ohio court backs harsh DUI penalties

COLUMBUS, Ohio, Sept. 30 (UPI) — The Ohio Supreme Court ruled Wednesday in favor of harsher penalties for drivers with drunken driving convictions who refuse breath tests if pulled over again. The Columbus (Ohio) Dispatch reported the court ruled 4–3 in a Union County case challenging the constitutionality of tougher penalties for individuals with a prior DUI conviction if they refuse to submit to a sobriety test if arrested for a subsequent DUI violation and found guilty. Under an Ohio state law, those individuals would face 10 additional days of mandatory jail time in addition to the mandatory 10 days in jail a repeat DUI offender must serve. The Dispatch said the Union County case involved a DUI case in which a man was given the additional 10 days for a September 2006 DUI incident. While the 3rd District State Court of Appeals upheld Corey Hoover’s conviction, it cut out the additional days in jail based on the stance the sentence violated his 4th Amendment rights on unreasonable searches and seizures. “Hoover has no constitutional right to refuse to take a reasonably reliable chemical test for intoxication,” Ohio Supreme Court Justice Judith Ann Lanzinger wrote in Wednesday’s ruling, which upheld the initial decision against Hoover and reversed the appellate court ruling.

[Leavenworth] superintendent accused of DUI

Leavenworth [KS] Superintendent Kelly Harris has been charged with drunken driving. Parkville Police stopped to question Harris about 4 a.m. Saturday in the 6300 block of Lewis Street, where Harris’ vehicle was pulled next to another vehicle. Harris and the other driver, who was not charged, had their lights and engines running. Parkville Police Chief Kevin L. Chrisman said Harris was “totally 100 percent cooperative” with police.

Mother Denies DUI in Crash That Disabled Her Son

A quiet evening quickly became anything but ordinary for Rich Gagnon and his son, Steven. The two volunteer firefighters were at their home in Orwell [VT] when they heard a crash near the foot of their driveway. Two cars were in the ditch. One was on fire with a mom and her two young children stuck inside. “The flames were coming under the dash and catching the driver’s seat and all I could figure was get them out of there,” Rich Gagnon said. “There was no time to wait.” Rich Gagnon and a neighbor pulled 24-year-old Heather Carpentier out of the driver’s seat. Steven Gagnon and another relative rescued the two kids. “I’ve been to some pretty bad accidents, but this is the baddest one,” Steven Gagnon remarked. About 10 seconds after they pulled everyone out the entire car went up in flames, melting everything in sight and reducing the car to a pile of rubble. Police say Carpentier was driving drunk. She pleaded not guilty Wednesday to her second DUI charge in the last 5 months. Her 1– and 4-year-old kids were in the back seat. The 4-year-old is still in the hospital with a severed spine– paralyzed from the neck down for the rest of his life.

Former L.A. County deputy sentenced in DUI crash

A former veteran deputy with the Los Angeles County [CA] Sheriff’s Department was sentenced today to six months in jail and three years of informal probation for injuring two people when he crashed his department-issued sport utility vehicle into their car a year ago while under the influence of alcohol, said officials with the Orange County district attorney’s office. Robert A. Moran, 43, of Buena Park has almost already completed the jail term under house arrest. He was ordered to complete a three-month first-offender program and face a Mothers Against Drunk Driving panel, according to a statement from the district attorney’s office. In such panels, offenders pay MADD a fee to hear victims or relatives of victims of drunk driving crashes relate their stories. Moran pleaded no contest Feb. 27 to one misdemeanor count of driving under the influence, causing injury and one misdemeanor count of driving with a blood-alcohol level of 0.08% or more causing injury, according to the statement. Moran was driving his Chevrolet Blazer south on Beach Boulevard in Stanton about 5:30 a.m. June 29, 2008, when he crashed into a sedan near Garden Grove Boulevard, district attorney officials said. The sedan’s 33-year-old driver and his 20-year-old female passenger were knocked unconscious and taken to a hospital. At the time of the crash, the sedan’s driver was in possession of and tested positive for methamphetamine. He also tested positive for sedatives and opiates, the statement said. His case is under review, said Keith Bogardus, an Orange County deputy district attorney. His name and the name of his passenger were not released because the investigation is ongoing.

Wrentham man pleads guilty to killing Brockton deacon in drunken driving crash

BROCKTON [MA] — Two years after killing a Brockton church deacon in a Canton crash, a Wrentham man admitted he was drunk behind the wheel when he slammed into the rear of the 71-year-old’s pickup truck. Ryan M. Shaughnessy, 25, plead guilty Tuesday to motor vehicle homicide while driving drunk, a felony, in Norfolk Superior Court in Dedham. He is set to be sentenced Nov. 9 when a pre-sentencing report is to be presented. Prosecutors had asked for his bail to be revoked but that request was denied. A conviction of motor vehicle homicide while driving under the influence of alcohol carries a one-year minimum mandatory sentence and a 15-year loss of license. Shaughnessy slammed into the rear of a pickup truck driven by Alphonso Anderson, 71, a deacon at Messiah Baptist Church and the father of five children, on Interstate 93 in Canton in 2007. Shaughnessy, who suffered minor injuries, had a long record of motor vehicle offenses before the crash. His license had just been reinstated two months before the fatal crash.

Des Moines man charged with homicide in accident

A Des Moines [IA] man is now charged in connection with a fatal accident last week that killed a passenger in his car. Des Moines police arrested 37-year-old Metrick Jenkins after his release from an area hospital and charged him with vehicular homicide in the death of 32-year-old Heaven Joy Chumos. Chumos and two other women were in Jenkins’ car when it crashed into a bridge on September 21. Jenkins is charged with two counts of serious injury by vehicle as the other two women from Des Moines remain in the hospital in critical condition. The crash was so severe that rescue workers had to cut the car apart to get everyone out. Jenkins was behind the wheel of the fatal single car accident is now charged with vehicular homicide. Thirty-seven-year-old Metrick Jenkins was arrested charged with one count of vehicular homicide, two counts of serious injury by vehicle and first offense OWI.

Man indicted in fatal accident in Phoenix

Authorities say a suspect has been indicted on manslaughter and other charges in the fatal hit-and-run of a wheelchair-bound man earlier this month in Phoenix [AZ]. Phoenix police say 27-year-old Brandon Lee was driving a car that allegedly struck and killed Christopher Emigh on Sept. 19 as he was crossing a central Phoenix street. Police say Lee drove off and parked his vehicle at his mother’s home but officers spotted him and made the arrest. A Maricopa County grand jury last Friday indicted Lee on charges of manslaughter, leaving the scene of a fatal injury accident and aggravated DUI.

Oscar winner gets jail time for fatal crash

Screenwriter, director and producer Roger Avary, 44, was sentenced Tuesday to a year in jail and five years’ probation for drunken driving and causing an Ojai [CA] accident that took the life of an Italian citizen who was visiting Avary and his wife… Sheriff’s officials said Avary was driving a car that slid into a pole about 12:30 a.m. Jan. 13, 2008, fatally injuring passenger Andreas Zini, 34. Avary’s wife, Gretchen Avary, 42, was ejected from the car and injured. In August, Avary pleaded guilty to gross vehicular manslaughter while intoxicated and to drunken driving and causing an accident. The sentencing was attended by Zini’s widow, Maria Giulia Pavesi-Zini, and his parents, Rina and Sergio Zini, who live in Modena, Italy. Avary’s friends and family were also in the courtroom. During the hearing, the judge learned that Avary had reached a $4.1 million settlement with the victim’s family.

The worst of the nation’s DUI cases for the week. Our continued commitment to demonstrate the constant trail of blood on our highways due to drinking and driving.

Supt: We’ll take action in teacher DUI

BRISTOL, R.I. (WPRI) — The superintendent of Bristol Warren Regional School District said the district will take action after a second-grade teacher in Bristol was arrested on drunk driving charges while on her way to school Monday morning. Kathleen Borgia, 43, a teacher at Colt Andrews Elementary School , pleaded not guilty to the charges in court Monday afternoon. Borgia was released on $10,000 bond with surety. She will return to court on October 9th. Superintendent Ed Mara said there will be actions taken. “We are working with our attorneys and have taken the necessary steps to ensure our students’ safety,” Mara said. Mara said his office is still awaiting a copy of the police report. He also stressed Borgia is entitled to due process and is presumed innocent until proven otherwise. It’s not the first alcohol-related incident involving Borgia.

Guilty plea from woman charged with running over 3 month old

OLIVIA [MN] — Nicolle Marie Mercedes Prechel, 31, of Willmar, pleaded guilty Monday to causing the death of a child and injuring the child’s mother. Prechel backed a van over their tent July 5 in Renville County’s Beaver Falls Park, causing the death of 3-month-old Whyatt James Sander and injuring his mother, Sheena Hinshaw, 21. During a court appearance Monday in Olivia, Prechel entered guilty pleas to criminal vehicular homicide for Sander’s death and to criminal vehicular homicide – causing bodily harm while under the influence for the injuries to his mother. Her guilty pleas were part of a plea agreement in which she pleaded to the most serious of the two sets of charges she faced for the infant’s death and the mother’s injuries. District Judge Steve Drange accepted the guilty pleas and dismissed four other related charges. He ordered a pre-sentence investigation and set sentencing for Nov. 12.

Jury deliberates Fierro case

SANTA FE (KRQE) — After six days of testimony the vehicular homicide case against Santa Fe attorney Carlos Fierro is in the hands of the jury. Both the defense and prosecution rested their cases late Monday afternoon and presented their closing arguments to the jurors. As the defense wrapped up Fierro’s attorney said the victim, pedestrian William Tenorio, was a contributor in the fatal crash that happened last November in downtown Santa Fe. “If Mr. Tenorio in his dark clothing, and his being distracted, and being impaired as well and on the phone, walking where he shouldn’t have been walking, and he had the duty to avoid this car, if that was just a cause of his death, a significant cause of his death, then Fierro is not guilty of this, that’s what our law says,” defense attorney Bob Gorence said. The prosecution spoke about the loss of Tenorio and said his family has had to sit through the trial and hear Tenorio being blamed for his own death. “We didn’t want to buy into the argument that this was an accident because this is not an accident,” District Attorney Angela “Spence” Pacheco said. “An accident is something that is unavoidable, and driving drunk is not an accident.” Fierro himself took the stand Monday and admitted he had been drinking and driving the night he is accused of hitting and killing Tenorio. Fierro said he had six drinks at Rio Chama, where he went with former New Mexico State Police Sgt. Alfred Lovato. A blood alcohol test showed Fierro was nearly three times the presumed level of intoxication after the crash.

Woman charged in fatal hit-and-run

Angela Marie Arellano, an Iowa courts interpreter, was charged Monday with vehicular homicide while intoxicated in connection with a hit-and-run accident that left one Des Moines teen dead and another injured. Arellano, 36, was accompanied by her lawyer when she turned herself in to police, Des Moines Sgt. Lori Lavorato said. Devin Fry, 13; Rabiatu Juliana Timothy, 17; and Marcus Ira-Jenkins, 15, were heading north on foot across East University Avenue around 11:45 p.m. Saturday when a dark-colored Jeep Grand Cherokee traveling west in the 1600 block hit Fry and Timothy, launching them nearly 50 feet in front of the vehicle, police said. The vehicle also ran over Fry and Timothy. Lavorato declined to comment further on the intoxication portion of the charge against Arellano or provide insight into her condition at the time of the crash. Lavorato did not say where Arellano was coming from when the accident occurred. In addition to the vehicular homicide while intoxicated charge, Arellano was charged with serious injury by vehicle. If convicted, Arellano faces 25 years in prison on the vehicular homicide charge and five years for the serious injury by vehicle charge. She is being held in the Polk County Jail on an $80,000 cash-only bond.

Trial begins for case of Upchurch

Trial began Monday in 173rd District Court for a Gun Barrel City [TX] man accused of intoxication manslaughter. Shawn W. Upchurch, 35, was arrested in November, 2008 for causing the death of 74-year-old Horton R. Bunch of rural Brownsboro. The victim was struck as he stood in the door of his vehicle on County Road 3204 less than a mile from the Brownsboro city limits. A Henderson County Grand Jury indicted Upchurch on the charge in February. Intoxication manslaughter is a second-degree felony, and carries a sentence of two to 20 years in prison, and a fine of up to $20,000 upon conviction.

Ocalan may get life for DUI manslaughter

The Ocala [FL] man who caused a five-vehicle wreck in November on Maricamp Road near Forest High School has been found guilty of eight criminal counts, including two of DUI manslaughter. Vishnu D. Persaud, 36, had four times the legal limit of alcohol in his system at the time of the Nov. 4 crash. Sentencing will be Oct. 22, and he is eligible for life in prison. His 2008 Nissan Titan pickup rammed into the back of a Saturn, killing two of its occupants: Joshua L. Batista, 20, and his girlfriend, Nastasha M. Vargas, 22. Batista’s cousin, Andrew Timothy Santiago, suffered injuries. “It’s 6 o’clock in the evening, right in front of Forest High School, where people are dropping their kids off for football practice,” prosecutor Robin Arnold said Monday. “He plowed into the back of these cars stopped at a red light.” There was also a greater amount of traffic than usual because it was Election Day, Arnold noted; people were going to the school to vote. Upon impact, the Saturn crashed into an Oldsmobile, which in turn crashed into a Dodge pickup that spun and hit an Honda van. Witnesses reported that Persaud was driving erratically. He was traveling 70 mph at the point of impact in a 55 mph zone. His blood alcohol content was 0.33, more than four times the legal limit of 0.08. At his two-day trial, which ended Friday, Persaud also was convicted of driving without a valid driver’s license, DUI impairment causing personal injury and DUI impairment causing property damage. Persaud, who has a misdemeanor DUI conviction from 2003, is eligible for life imprisonment but is likely to receive at least 21 years in prison. Prior to trial, he rejected a state plea offer of 25 years behind bars.

CG schools police chief accused of DUI

GREENWOOD, Ind. (WISH) — The head of Center Grove Schools’ police force admitted to his boss he was drunk when he got pulled over in a sobriety checkpoint early Saturday. John Cox, the schools’ police chief, is now on unpaid leave and facing charges.

Center Grove Schools Superintendent Dr. Steven Stephanoff said Cox has handed over his badge and gun. Stephenoff added that he was disappointed to learn his police chief was in such trouble.

According to a police report, early Saturday morning, Officer Travis Wampler said he smelled alcohol and Cox’s eyes were blood shot.

The report said Cox voluntarily took several field sobriety tests and failed them all. Later, at the Johnson County Jail, a certified breath test registered his alcohol level at .09.

Johnson County Prosecutor Brad Cooper said as many as 15 people face charges from that checkpoint.

“Worked with him on a couple of cases. I always found him to be a very reasonable, experienced police officer. But in the end, he’s going to be treated just like anybody else that was stopped out there that night,” said Cooper.

Superintendent Stephenoff said when Cox was hired two years ago, the interview committee knew Cox had been arrested for drunk driving in 1980, but Stephanoff said he was unaware of the record.

“If I had known it, I probably would have considered it. But I think I still would have hired him because he was the best man for the job when we did the interviews,” he said.

Akron woman crashes car, injures child, nets seventh DUI

An Akron [OH] woman is jailed on her seventh drunken driving charge after crashing her car into another and injuring a child. Stephanie Foy, 45, of Hoover Avenue, is being held in the Summit County Jail. Akron police have charged her with DUI, tampering with evidence and obstructing official business. Police say her arrest Friday was her seventh for drunken driving since 1995. Police say Foy was driving a 2002 Dodge Dakota that crashed into another vehicle about 3:30 p.m. Friday near Case Avenue and Newton Street. A 6-year-old child was in the back seat of the car Foy struck, police said. The boy was treated for minor injuries. The driver of the car was not identified in reports. Police at the scene said Foy smelled of alcohol, her eyes were bloodshot and her speech was slurred. She could not stand on her own and stumbled after exiting the vehicle. police said. After she was arrested, Foy became belligerent and refused to give her name or to take a test to determine her blood-alcohol percentage, police said.

Man sentenced in DUI death of JCC teen

JAMES CITY COUNTY, Va. — The driver convicted of driving drunk and killing a James City County teen in April was sentenced Monday. Matthew Burch, 36, will serve 24 years in prison followed by 19 years on probation for 19-year-old Christopher Mellis’ death. State Police told WAVY.com Burch’s car was going in the opposite direction on Richmond Road when he drifted into Mellis’ lane and hit his car head-on. “I never, no matter what you’ve gone through in your life, there’s nothing to compare with the pain of losing your child,” Donna Mellis told WAVY.com back in April. “You might as well go out in the street with an oozie and start shooting, it’s no different.” Mellis says her son was following behind a friend, who swerved to avoid Burch. But Mellis didn’t have time to react. The Williamsburg James City County Commonwealth Attorney confirmed Burch had two prior DUI convictions within the last ten years. “This shouldn’t happen, this isn’t an accident; this is not an accident,” said Donna Mellis. Donna Mellis says she had to see her son’s body. She described it as broken. But his soul, everyone described as unbreakable. “I’m starting to feel that he wasn’t met to be here for a long time because he seems to have touched so many people in his brief life,” said Mellis. She hopes her tragedy will be enough to prevent someone else’s. “It’s going to happen to other people, but if it can happen to one less or two less, my son’s death isn’t in vain,” said Mellis. Burch was convicted of DUI, Aggravated Involuntary Manslaughter, and Felony Homicide on July 13.

Driver arrested after deadly vehicle versus pedestrian collision

A Lubbock driver was behind bars Sunday evening accused of fatally hitting a pedestrian outside the Lonestar Amphitheater. Around 12:30 Sunday morning, witnesses say 40-year-old Mark Purvis was taking a picture of his band’s name on the marquee while standing in the 900-block of East 19th Street. His band “Darker Shade of Grey” had just performed at the venue. A 1999 Plymouth Voyager van struck Purvis. EMS took him to University Medical Center where he later died. “That was his whole life. Music,” says friend Manuel Gutierrez. “He loved playing music. He was just a good guy and I’m sad to see him go. I mean I lost a good friend that day.” “He would do anything for anyone just to help someone out,” says friend Joe Bocanegra. Police say the driver of the van, 56-year-old James Sanders, drove off, but returned to the scene. He was arrested and charged with intoxication manslaughter with a motor vehicle. Police are still investigating the accident.

Driver accused in jogger’s death pleads not guilty

BEAVERCREEK — Brian Hale, whose wife, Michelle, was struck and killed Aug. 24 while jogging, said he felt torn Monday by the news that police had charged the driver with vehicular homicide and vehicular manslaughter. Timothy C. Peters of Beavercreek pleaded not guilty Monday, Sept. 28, to the charges. A conviction for vehicular homicide, the more serious offense, would draw a sentence of up to 180 days in jail, plus a one– to five-year driver’s license suspension. “It’s mixed emotions, I guess,” Hale said. “I don’t know Mr. Peters, but he has to live with this for the rest of his life … just as we have to live without Michelle for the rest of ours.” Both charges are misdemeanors. Beavercreek Sgt. Jim Wuebben said there were no aggravating circumstances, such as intoxication, that would raise the charges to felony level under Ohio law. Michelle Hale, 44, of Beavercreek, was crossing Dayton-Xenia Road at Stedman Lane at 6:25 a.m.when she was struck by Peters’ westbound SUV, according to police. There is no traffic signal or marked crosswalk at that intersection, which is under construction. The incident report from Beavercreek police says Hale was three-fourths of the way across Dayton-Xenia, standing in a “striped-off, no-driving area” separating the through-traffic lane from a right turn lane.

Chico Man Dead after 3-Vehicle Crash

A Chico [CA] man is dead…a Glenn County man arrested after a 3-vehicle collision Sunday. The crash happened just before 1 AM on Highway 99. The CHP says 29 year old Fabian Aguayo was allegedly drunk when his truck collided with two other vehicles. One of the drivers, identified as Ismael Topete, died at the scene…three passengers were hurt. The CHP says Aguayo was taken to Enloe Medical Center with a spinal injury and faces charges including murder, manslaughter, and D-U-I

Traffic fatalities result in manslaughter arrest

The Madison [AL] Police Department made an arrest in a traffic fatality that took the lives of a 20-year old Madison resident and her unborn child. David James Mears was arrested for two counts of manslaughter in connection to an accident on Aug 22 in Madison. Accord to police, the car Mears was driving collided with another vehicle at Wall Triana Highway and Gooch Lane, killing the third –trimester pregnant passenger. After an investigation of the collision, the Madison Police Department obtained warrants and arrested Mears, who is 16, has been charged as an adult due to the nature of the crime. Police Chief Larry R. Muncey used the news of the arrest to remind motorists that reckless, negligent or inattentive driving could lead to criminal charges. “We at the Madison Police Department want to impress to all drivers and parents of young drivers what a huge responsibility it is to operate vehicles safely on our roadways. It’s not just your life you endanger, but others as well.” stated Muncey. Mears has posted a $40,000 bond. A court date has not been set.

Cop Accused of Manslaughter in Fatal DWI, Lawyer Blames Weather

Just before 1 a.m. on Sunday, Vionique Valnord, 32, was trying to hail a cab after a wedding reception in Flatbush when she was fatally struck by a Jeep Cherokee SUV; the driver was NYPD officer Andrew Kelly, 30, a seven-year veteran of the department who worked in the 68th Precinct. Four passengers in the SUV, one an off-duty cop, immediately fled the scene, but Kelly, who was off-duty, remained. His brother-in-law tells the Times that Kelly “performed CPR on the woman,” and one witness tells the Post, “[Kelly] got out of the car, and he was trying to resuscitate her. He got her breathing again by the time the ambulance got here.” Officer Kelly refused to take a Breathalyzer test at the scene, but a sergeant reported that he had red, watery eyes, slurred speech, and smelled of alcohol. Oh, and there were “alcoholic beverages” in the vehicle; a police source tells the Post a plastic beer cup was spotted near his seat. Kelly later obeyed a subpoena to take a blood test some seven hours later, but the results haven’t been made public yet. He was arraigned last night in Brooklyn Criminal Court, and charged with vehicular manslaughter and DWI. Kelly was released on $200,000 bond, but his driver’s license is suspended and the NYPD has suspended him without pay for 30 days. There are conflicting reports about the other off-duty cop in the SUV, Michael Downs of the 70th Precinct in Brooklyn. He claims that an investigator at the scene told him he was clear to leave, but other NYPD sources refute that and say Downs didn’t alert his superiors until he showed up for work yesterday. According to the Post, NYPD brass “were so angry over his leaving that they at first threatened to try to charge him criminally.” Downs, who has been suspended, kept a Facebook page with the motto “DRINK UP LIFE IS TOO SHORT!!!” and cited his favorite music as “any music that makes me drink. Lol.”

Teenager Charged with OWI Homicide

MADISON — A teenage boy in Dane County is being charged with homicide by intoxicated use of a vehicle. Nathan Zander, 17, is accused of driving a pick-up truck drunk, crossing the center lane and hitting a car head-on in a crash that killed the driver of the car and critically injured her passenger. Zander was in the hospital in serious condition Monday morning.

Under the Influence: DUI justice off-balance

Since 2005 in Colorado, nearly a third of those convicted in deadly drinking and driving crashes were incarcerated for two years or less — and 13 of them spent no time behind bars at all. Drunken drivers kill more than 100 people each year in Colorado, and a Denver Post examination of every vehicular homicide-DUI case in the state from 2005 through early 2009 found that the typical sentence for those who were sent to prison was six years. But the same analysis found that nearly a third of the cases — 55 of 185 — resulted in jail, community corrections or work– release terms of 24 months or less. Included in that tally were more than a dozen instances in which defendants were allowed to plead to misdemeanor charges. Some of those who ended up with little or no prison time had prior drug and alcohol convictions, including one man with four prior drunken driving arrests before killing a passenger in his car in a police chase. He was sentenced to two years of work release. A number of others got jail terms of between 30 and 60 days. And one man got 10 days in jail in Larimer County after pleading guilty to careless driving causing death, a misdemeanor, after a crash that killed a 38-year-old woman. State Rep. Cory Gardner, R-Yuma, who plans to introduce legislation in January to make a repeat drunken driving arrest a felony, said some of the sentences stunned him. “We’ve got to address those areas where the law isn’t treating offenders as seriously as it needs to in order to prevent it from happening again,” Gardner said. READ MORE…

Cowboys Stadium G.M. pleads guilty to DUI

The General Manager of the North Texas Football Cathedral got into a little hot water earlier this year, as a result of a decision to drive his car after drinking some water with a little heat in it. And so Jack Hill has pleaded guilty to DUI. Hill has been sentenced to 15 days in a Tarrant County, Texas labor detail. A Cowboys spokesman said that Hill continues to serve as G.M. of the new arena. Though we’re not advocating that he should be fired completely, the notion that he’d continue in such a significant role at a time when the league is trying hard to persuade fans not to drive home drunk from places like Cowboys Stadium seems a little odd to us.

Mix-up puts drunk driver in work release, not jail

A clerical error allowed a man with six DUIs to go to work release when he was supposed to be in jail for a drunk-driving accident that shattered the lives of Myrna and Russ Haas. The Sedgwick County Sheriff’s Office mistakenly allowed Johnny Dore the freedom to go to a job for roughly three months. He was able to drive part of that time with a restricted license that required a device in his vehicle to monitor his blood alcohol level, according to records from the Kansas Department of Revenue, which oversees the Division of Motor Vehicles. People saw Dore out at breakfast at restaurants during that time, said Myrna Haas, whose husband of 48 years is in a wheelchair and nursing home because of the accident. She remembers thinking: “There’s no way. It can’t be him.” But she called the jail and confirmed that Dore was, indeed, in work release instead of serving the 18-month jail sentence a judge had ordered. Sheriff Robert Hinshaw said his office is investigating how the mix-up occurred so that something like that doesn’t happen again. Dore went back to jail in October. “It’s regrettable,” Hinshaw said. “Fortunately he was never out of our custody. We’re still looking into various aspects to make sure we have dug into this as deeply as we can. Do we need to change policy? Was this an avoidable error? If discipline is appropriate, then we’ll take that action.”

Felton man arrested on 4th felony DUI

A check on a disabled vehicle on Route 1 north of Milton [DE] ended in the arrest of a Felton man on his 4th felony DUI charge. As State Police contacted 51 year old Ronnie Leslie, alcohol could be smelled on his breath and the trooper conducted a DUI investigation. Leslie was arrested and further investigation showed he was previously convicted of DUI three times. He is being held at SCI in default of bond.

Homicide by vehicle charge filed against drunken driver

GALLUP [AZ] — A man died Thursday as a result of injuries sustained when his pickup was struck by a drunken driver Wednesday. Scott Costley, 20, of Gallup, died Thursday afternoon, upping charges against 39-year-old Daryl Begay to include homicide by vehicle, a third-degree felony punishable by up to six years in prison. The statute adds four years to the sentence for each prior DWI conviction.

DUI law pits police vs. hospital procedure

State law says police officers can require suspected drunken drivers to submit to a blood test if they’re involved in a serious or fatal accident. But what, if any, obligation do hospitals have to carry out an officer’s request to draw a DUI suspect’s blood? That’s one of the questions raised by the arrest of an emergency room nurse at Advocate Illinois Masonic Medical Center during a dispute with a police officer over drawing blood from a suspected DUI driver. Charge nurse Lisa Hofstra, who sued the City of Chicago and the officer last month, said the officer, who was not fully named in the suit, requested that she perform a blood work-up on a woman suspected of driving under the influence. Hofstra said the officer handcuffed her and made her sit in a squad car for 45 minutes after she told him the hospital could not draw blood until the driver was admitted as a patient. A caller who identified himself as the officer told WLS-AM (890) last week that he waited more than three hours before the hospital would take blood from the driver to determine her blood-alcohol level.

Sergeant’s DUI charge frustrates MADD members

SPOKANE, Wash. — Spokane Police Sergeant Bradley Thoma’s arrest on a DUI charge has sent shock waves throughout the Inland Northwest and the arrest has upset none more than members of the organization ‘Mothers Against Drunk Driving.’ Thoma was arrested on the DUI charge after he rear-ended a woman near Newport Highway and Farwell Rd. Wednesday evening. The 51-year-old woman was not injured and she proceeded to follow Thoma to a nearby parking lot where Spokane County sheriff’s deputies took him in to custody. Thoma was cited for DUI and released. The incident has members of MADD and others in the area upset that a police officer made such a dangerous decision. “My 3-year-old son was killed by a 17 time repeat drunk driver,” said MADD member Linda Thompson.

Police: Nebraska Father, Son Arrested For DUI

Authorities say a 53-year-old Nebraska man whose son had been arrested on suspicion of drunken driving was arrested on the same charge after bailing out his son. The Nebraska State Patrol said Thursday that 19-year-old Trevor Brown of Gothenburg was arrested around 2 a.m. Saturday and taken to the county jail. Brown called his dad to come bail him out. The patrol says when Anthony Brown arrived at the jail a trooper noticed that the elder Brown seemed drunk and warned him not to drive. The patrol says a trooper then saw the Browns get into a pickup, the elder Brown behind the wheel. The trooper then arrested Anthony Brown and took him back to the jail. Attempts to find a telephone number to contact the Browns were unsuccessful Thursday.

Suspected DUI crash

A Calistoga [CA] man was arrested on suspicion of felony drunken driving Thursday following a crash on Highway 29. Laurencio Martinez, 22, was driving a 1991 Toyota Camry south on the highway north of Dunaweal at about 6:45 p.m., according to the California Highway Patrol. For unknown reasons, he lost control and ran the car off the road, the CHP said. It rolled onto its roof. Passenger Lucano Nazario, 22, suffered major injures, and a second passenger, Manuel Mari, 34, suffered moderate injures. Both were taken to Queen of the Valley Medical Center. Later, Martinez was cleared medically and booked on suspicion of felony drunken driving and driving without a license at the Napa County Department of Corrections.

DUI Driver Slams Into Brooklyn Woman Walking Home from Work

A young Brooklyn woman is in critical condition after being slammed into by a van driven by a drunk driver while she was walking out of work Thursday night. 22-year-old Ukranian immigrant Olga Skibina suffered severe brain, facial and lung injuries after being struck by the van while walking from the medical office she works as a receptionist at in Sheepshead Bay, walking along Avenue Z to her home in Gerritsen Beach. Police have arrested 45-year-old Zachary Kitt of Coney Island, who they say blew a .25 at the scene of the accident. Kitt is being charged with vehicular assault, drunken driving and reckless driving. The News says that Kitt’s record shows convictions for drugs and driving without a license. They talk to Skibina’s stepfather who says, “It’s just impossible — how people can drive like that?”

Man arrested after fatal crash

A Lacey [WA] woman is dead and a Fort Lewis man was arrested after he crashed the motorcycle he was driving Friday in Yelm. James N. Vassaur, 31, was arrested on suspicion of driving under the influence and vehicular homicide. The incident occurred about 1 a.m. Friday, Sept. 25 near First Street and Railway Road. When officers arrived at the crash scene, Vassaur was attempting CPR on his passenger Shanna K. Padley, 22, of Lacey, according to police reports. Life Flight was initially called, but Padley was pronounced dead at the scene. Yelm Police Chief Todd Stancil said the woman died as a result of massive head trauma. Police said they suspect that, during the accident, Padley was thrown off of the motorcycle and her head struck a post, rocks or both. Vassaur and Padley were wearing helmets at the time of the crash. Vassaur and Padley reportedly spent the evening at multiple businesses in downtown Yelm. Police said their final stop was a tavern on Yelm Avenue. Police said that Vassaur initially told them he swerved his motorcycle to avoid hitting an oncoming car. Subsequently, however, Vassaur invoked his right to remain silent and declined to comment further, Stancil said. Samples were taken of Vassaur’s blood alcohol level and police said they expect those results back in a couple weeks.

Man gets up to 25 years in deadly car crash

A West Liberty man was sentenced to up to 25 years in prison for killing one woman and seriously injuring another in a car crash Sept. 21, 2008. Skylar Shane Vanhoang, 26, was sentenced Friday in Johnson County District Court. Assistant Johnson County Attorney Iris Frost said Vanhoang and friends had been drinking in Coralville before Vanhoang drove a vehicle onto Interstate 80, traveling westbound in an eastbound lane. The vehicle was hit head-on by a semitrailer. The front seat passenger in Vanhoang’s vehicle, 24-year-old Kelly Oseguera of West Liberty, was pronounced dead at the scene. A woman who was riding in the back seat of the car, Viengvilavan La Phanthouvong, was seriously injured, police said. Vanhoang’s blood-alcohol content at the time of the crash was .268, more than three times the legal limit of .08 in Iowa, according to police.

Homicide charge in deadly wreck

A Gettysburg [PA] man “passed out” at the wheel while under the influence of drugs and alcohol before his vehicle struck and killed a Brownstown mother last month, police said. Christopher A. Rosati, 24, of 426 W. Middle St., is charged with homicide by vehicle, police say in court records filed Tuesday. Rosati’s vehicle swerved onto a Gettysburg sidewalk at 8:30 p.m. Aug. 13, striking and killing Patricia Pelliccione, 48, of 128 Chapel Lane. Three parked vehicles also were struck, police said. Rosati told police that he was driving south on Baltimore Street when he felt lightheaded and passed out. He awoke to screams at the accident scene, according to police. Rosati told police that over the course of the day he had consumed three beers, had taken various medications — Lexapro, Lorazepam and Vicodin — and had smoked marijuana, police said. A hospital blood test of Rosati came back positive for marijuana, opiates and benzodiazephines, police said. Pelliccione was taken to Gettysburg Hospital, where she was later pronounced dead. Pelliccione had three children, all teenagers. She and her husband, David, would have celebrated their 25th wedding anniversary Tuesday.

Woman pleads guilty to criminal vehicular homicide

Keisha Marie Van Pelt, 28, of Bemidji [MN], changed her plea, Sept. 22, to guilty to felony criminal vehicular homicide or operating a vehicle with negligence under the influence of alcohol. District Judge Paul Benshoof set her next court date will be Oct. 26. She was convicted in Beltrami District Court in connection with a crash that killed 3-year-old Valencia Marie Van Pelt, her niece. Van Pelt was driving a Mitsubishi Montero with Valencia in a booster seat the morning of Oct. 31 when she took a wrong turn from Anne Street onto Irvine Avenue, then executed a U-turn and headed back toward the city limits, according to the criminal complaint. At about 8:15 a.m., she lost control of the vehicle. It went into the ditch, hit an approach and vaulted 82 feet before landing on its roof in a pasture on the 4200 block of Irvine Avenue. Witnesses said Van Pelt had been driving at fluctuating speeds, frequently below the speed limit, before the vehicle gradually drifted into the northbound lane of travel and then into the ditch. Valencia, the daughter of Robert Van Pelt and Lynette Stone, died of injuries suffered in the crash. A Beltrami County Sheriff’s deputy located Van Pelt at North Country Regional Hospital, where she was being treated for her injuries. A sample of her blood was taken. Van Pelt told the deputy that she believed she had left the road after swerving to avoid hitting a group of cats, but none of the witnesses had seen anything in the roadway that would explain her driving off the road.

A year later, DUI death suspect is in college as victim asks: Why?

About 11 p.m. one night of September 2008, a Benjamin School senior in his Porsche Cayenne ploughed into two cars stopped at a traffic light in Palm Beach Gardens, at a speed that investigators estimated at 80 mph. A pizza delivery man was killed. Another motorist was seriously injured. The 17-year-old driver, Beruch Zegeye, the son of a prominent area neurosurgeon, was arrested and charged with vehicular homicide, DUI manslaughter and reckless driving. He was on his way home from a booze– and pill-fueled party with fellow Benjamin kids. Tests allegedly showed the alcohol level in his blood was triple the state’s 0.02 limit for drivers under 21.

Driver gets 5 years in DUI case

A woman convicted of drunken driving four times in three years and who was charged with a fifth DUI in June after hitting a police patrol car while driving drunk was sentenced Thursday. Sandra Dee Steiner, 43, was sentenced by Judge Susan Watters to seven years with the state Department of Corrections, with two years suspended, for felony criminal endangerment. Watters ordered Steiner to pay a $1,500 fine and pay the Billings Police Department $1,845 in restitution for damages to the patrol car. Watters imposed a 13-month concurrent sentence for felony DUI, and concurrent jail terms for misdemeanor convictions of being a habitual traffic offender and driving without insurance. Steiner told the judge before she was sentenced that she is an “extreme alcoholic” but not a violent person. Steiner said she had “never received treatment” for alcohol abuse, but Watters noted she had twice been ordered to complete a state alcohol treatment program. Watters also noted that Steiner’s blood alcohol level when she was arrested shortly before noon on June 22 was 0.258 percent, more than three times the legal limit for driving. The judge described Steiner as a danger to the community who put pedestrians and other drivers at risk.

Enid man is facing felony DUI charges

An Enid [OK] man is facing felony charges for allegedly driving under the influence two days after pleading to a similar charge in a southern Oklahoma county. Daniel Robert Mendoza, 23, was arraigned Thursday on charges of felony driving under the influence of alcohol subsequent offense and leaving the scene of an accident involving damage, a misdemeanor. The charges allege Mendoza was driving a 1998 Chevy Tahoe Sept. 16 in the 100 block of West Elm and struck a parked vehicle. Online court records show Mendoza pleaded guilty Sept. 14 to driving a motor vehicle under the influence of alcohol in Stephens County, receiving a one-year suspended sentence.

Man Pleads No Contest to DUI Deaths

WAYNE COUNTY [WV] — Bobby Fraizer pleaded no contest to all six counts he faces in a Wayne County Court on Friday. He is charged with four counts of DUI resulting in death, one count of 3rd offense DUI and one count of 3rd offense driving under a suspended license. Reno Hardwick, John Michael Boone and his two children Michael Tyler and Jordan all died in the April 2008 accident in Wayne County. Frazier faces 6 to 26 years in prison.

Probate Judge Charged With DUI

CHEROKEE COUNTY, S.C. — A probate judge in Cherokee County is charged with driving under the influence. South Carolina Highway Patrol Lance Cpl. Bryan McDougald said that at about 2:20 a.m. Friday, a trooper stopped a vehicle on West Rutledge Road in Gaffney for a traffic violation. Following the traffic stop, 31-year-old Joshua Queen was charged with DUI. He was not charged with any other violations. There was no immediate word from the governor’s office as to how or if the arrest will affect Queen’s status as a judge.

Bedford sentenced in Great Falls for vehicular homicide

It was a dramatic afternoon in a Great Falls [MT] courtroom as Debbie Sue Bedford was sentenced for vehicular homicide on Thursday. In November 2008, Bedford was driving the car that struck the pick-up truck that Boyd Putnam was riding in. Putnam died as a result of his injuries, and Debbie Sue Bedford was charged with vehicular homicide. Police say she was under the influence of alcohol and prescription drugs. Bedford pled guilty and received 15 years with the Department of Corrections with five years suspended. The victim’s brother, Robin, made an emotional statement during the hearing: “Four miles outside of Vaughan.…fifteen miles from home, two decisions that Debbie Sue Bedford made that day changed our lives forever. Miss Bedford made the decision to drink, take drugs, and drive her vehicle, (and) because she was terribly intoxicated she crossed the line and smashed into the car that I was driving…my brother was due to work at the post office that night (and) was sleeping in the back seat. The force of the impact was so great it tore the aorta from his heart, he bled from internal injuries and passes away in the hospital that evening.”

Goodwin gets 20 years for role in fatal crash

A 22-year-old Sallisaw [OK] man was sentenced to 20 years Wednesday afternoon, following his conviction for first-degree manslaughter. Jacob Wayne Goodwin’s face was blank as District Judge Mike Norman handed down the sentence. The jury panel also found Goodwin guilty of possession of a stolen vehicle, DUI, and possession of alcohol by a person under 21. Jurors recommended a 20-year term on the manslaughter conviction. Year-long sentences were recommended on the possession of stolen vehicle and DUI charges. The jury also asked for fines totaling $5,000. “I am going to uphold the jury’s recommendation,” Norman said. Gasps were heard in the courtroom, as members of Goodwin’s support group registered their shock. Goodwin was seriously injured in the Feb. 2, 2007, crash that killed Jorge Espinoza Ayala. Goodwin will do 85 percent of the 20-year sentence with the second and third counts to run concurrently.

The Surface Transportation Authorization Act on Capitol Hill needs your support. We stand with MADD on the vital importance of two issues in that bill that need to get passed. Specifically a measure to require states to intact a bill requiring Ignition Interlock Devices in vehicles owned by every single person convicted of drunk driving. Secondly in the same part of the bill, there is a provision to require states to pass and sign a primary seatbelt law requiring front seat passengers to buckle up.

While some may disagree with the feds tactics with respect to these laws, I fully agree and support how they strong-arm states by threatening to take a huge chunk of federal highway dollars from the state if they fail to pass both these acceptable laws. I would not support, nor have the feds tried these tactics in other situations. Strong-arm legislation towards the states is called for with respect to safety, because too few states give a rat’s patoot about highway safety without strong leverage. So when it comes to actually saving lives, the tactics are appropriate, as it should be. It is treading dangerous ground with respect to the constitutional separation of powers, but the lives saved will be worth it.

Just think of a nation where drunk drivers kill just a few handfuls of people a year, and highway fatalities drop by half! That is possible and within reach if this measure passes congress and gets signed.

There is grumbling afoot even from the President to delay this bill. The nations deficit continues to climb, and these two provisions being just a couple pages of the bill, the rest of it packed with spending on the nations roads and infrastructure, it’s understandable that we might want to lay low on it for a while.

If that ends up being the case, somehow, we must as a nation get these two provisions pulled out of the bill and passed on their own merit without being choked with the weeds of federal spending, as so many bills are.

We support MADD 100% in getting the Ignition Interlock provision passed, and the seat belt provision must go through as well, the sooner the better! We are right at the peak of seeing a dramatic shift in crashes being survivable, and those who otherwise would have been seriously injured, walk away from crashes. In states that have a primary seatbelt law, across the board have seen very dramatic rises in seatbelt use, and declines in highway deaths.

We’ve extracted pages 64 & 65 from the bill’s summary (PDF) for download or viewing in PDF capable browsers on this site for all who are interested you may download the entire blueprint document here

Please call both your Senators and your House representative and urge them to do everything possible to see these two provisions pass! This is an amazing opportunity to take action on a matter that will save thousands of lives a year; your action can and will make a difference!

Contact information for your Senators and House Representative can be found here. It may just save YOUR life!

This week’s National DUI roundup contains a sobering 59 articles; we cherry picked through what we found to bring only the worst. It’s our commitment on a weekly basis to prove through the simple presentation of the news around the nation that the problem of drunk driving is with us every single week, and we need to pay attention to it. Each year over one forth of all highway deaths are attributed to alcohol impairment; 11,773 died last year alone; and that a 9.7% decrease from the previous year. This is however not a yearly event, it’s hourly, it’s daily, and it has to stop.

Surfer gets 4 years in DUI death

NORTH COUNTY COURTS [CA] — A well-known surfer and Solana Beach resident was sentenced to four years in prison yesterday for driving drunk in a car crash that killed his 24-year-old passenger about 15 months ago in Del Mar. Shortly before the sentencing, Milton Willis, 53, apologized for the death of Bradley Dillahunty, 24, who had befriended Willis as a student at the older man’s surf school. “Something good must come out of this dark, exceedingly dark and cold, tragic event, and I will spend the rest of my life working toward this,” Willis said. Superior Court Judge Daniel Goldstein said Willis’ statement, in which he also asked rhetorically why someone didn’t call him a cab to keep him from driving, was lacking. “I did not hear from him the heartfelt words of remorse,” Goldstein said. In an angry and teary address, Suzan Dillahunty, Bradley Dillahunty’s mother, said Willis betrayed his friendship with her son when he decided to drive drunk. She described her son’s written “life list” of goals, noting that the last one was to “surf Hawaii with Milton Willis.” “You see, he included you in his life list. . . . Instead he got your betrayal and his death,” she said. Willis had been convicted of drunken driving once before. In the death of Dillahunty, he faced a maximum sentence of 10 years in prison for gross vehicular manslaughter and driving under the influence.

DWI charge called risk to homicide case

SANTA FE [NM] (KRQE) — The Santa Fe County sheriff and Santa Fe police chief are defending their tactics against accusations by a state official that they fouled up the handling of two fatal alcohol-related crashes. New Mexico Taxation and Revenue Secretary Rick Homans, who oversees the Motor Vehicle Division, accused both departments of failing to confiscate driver’s licenses fromvehicular homicide suspects Carlos Fierro and Scott Owens. Santa Fe police investigated Fierro, who is currently on trial for a November hit-and-run crash that killed pedestrian William Tenorio, 46. Santa Fe county deputies investigated Owens, accused in the deaths of four teens who were killed in a wrong-way crash with Owens earlier this year. Results of alcohol tests released by investigators indicated both men were well above the legal limit for presumed intoxication. “The law says if you have suspicion that the driver was under the influence, you proceed with the notice of revocation,” Homans told KRQE News 13 on Tuesday. But according to Sheriff Greg Solano and Chief Aric Wheeler, the notice of revocation Homans mentions is physically attached to DWI citations filled out by officers at the scene of DWI arrests. However neither Fierro nor Owens is charged with DWI. Both agencies chose to pursue the tougher charge of vehicular homicide after consultations with the Santa Fe County District Attorney’s Office.

Vehicular homicide case delayed

WORCESTER — A Milford man charged with drunkenly hitting and killing 82-year-old Salvatore “Doody” Crivello with a pickup truck in 2006 was medically unfit to appear in court yesterday as scheduled. James A. Bonati, 42, of 47 Hayward St., is charged with motor vehicle homicide while under the influence of liquor and failure to slow. Prosecutors say he was drunk on Nov. 1, 2006, when he struck Crivello. Crivello was crossing Depot Street in Milford, near his home and family business, Crivello’s Crossing. Bonati, an acquaintance of Crivello’s, was arraigned in Milford District Court in May 2007. He was arrested Friday after he violated the terms of his pretrial release… Assistant District Attorney Joseph Quinlan filed a motion for a warrant on Friday, saying Bonati violated the terms of his court-ordered release by failing a random alcohol test.

School Bus Driver Charged With DUI

Updated 3:30 PM CDT, Wed, Sep 23, 2009 Print Email Share Buzz up! TWITTER FACEBOOK bus driver DUI skokie Skokie PD Police slapped a Skokie bus driver with a DUI after he apparently drove under the influence of drugs, terrifying a score of seventh graders who were yelling out the windows for help. “The children had their heads partially out the window and were screaming,” said the parent of a seventh-grader who did not want to be identified. “It was just terrible. Police were yelling for him to stop.” Brian Skoglund, 40, of 5030 Farwell in Skokie is cheduled to appear in court on Oct. 27. He works for First Student Bus Co. in Northbrook, police said. Police said shortly before 4 p.m. on Sept. 17, a driver notified them that a bus heading south on the Edens was driving erratically, including swerving lanes, slowing down and speeding up. The driver told police he then saw the driver with his head down on the steering wheel as if he were sleeping… Each of the children was regarded as a victim of child endangerment, police said, which accounts for the 41 counts charged against

Editorial: 300,000 repeat DUI offenders? Time to act

California has a major drunken driving problem. More than 300,000 drivers in the state have three or more DUI convictions, and more than 40,000 have had five. The toll is devastating. In 2007, drunk drivers were involved in 53,261 accidents, killing 1,501 Californians. Assemblyman Mike Feuer, D-Los Angeles, believes there’s a way to dramatically reduce that toll: install ignition interlock devices on vehicles owned or operated by people convicted of drunken driving. The car won’t start until the driver blows into the device and is found to be sober. Gov. Arnold Schwarzenegger should sign Feuer’s bill, AB91, to set up a pilot program in Alameda, Los Angeles, Sacramento and Tulare counties to test the system. Seven other states — Alaska, Colorado, Illinois, New Mexico, Virginia, Washington and West Virginia — require the devices for first-time offenders. The results are encouraging. For example, New Mexico formerly led the nation in alcohol-related crash deaths. The law has helped reduce the number of repeat offenders by 60 percent and the number of alcohol-related deaths by 35 percent.

Santa Rosa woman enters no contest to DUI manslaughter

MILTON [CA] — A woman has pleaded of no contest to two counts of DUI manslaughter in connection to a vehicle accident in April, according to the state attorney’s office. June Coriell, of Milton, also has pleaded no contest to two counts of DUI with serious injury and DUI with property damage. Coriell, then 51, was driving north on State Road 87 in Santa Rosa County on April 4 when her vehicle struck a southbound Chevrolet pickup truck, according to the Florida Highway Patrol. The driver of the pickup, James I. Dixon, 58, of Milton, was pronounced dead at the scene. Passenger Teresa Lunsford, 27, of Milton, was injured and died a little more than a week later. Two passengers in the truck, then 7-year-old Celina Crapps and 8-year-old Melissa Hopkins were seriously hurt. Coriell was arrested and charged April 10 after she was released from Sacred Heart Hospital in Pensacola.

BG man charged with manslaughter in fatal accident offered plea

A plea agreement may be reached in the case of a Bowling Green [OH] man who is accused of driving a car that struck and killed the driver of a scooter, with the case potentially resolved as early as tomorrow. Johnny Dwight Roberts, 48, North Campbell Road, Lot 43, has been charged with second-degree manslaughter, tampering with physical evidence, operating a motor vehicle while under the influence, possession of an open alcoholic beverage container in a motor vehicle and being a first-degree persistent felony offender. The charges against Roberts stem from a crash on Veterans Memorial Lane on Sept. 22, 2008. A Warren County Sheriff’s Office investigation determined that Roberts was driving a vehicle that struck a scooter driven by Marricus Cox, 21, of Bowling Green. Cox died from his injuries the following day at the University of Louisville Hospital. The tampering charge originated from allegations that Roberts threw beer cans out of his car after the collision.

Milton woman pleads no contest to DUI Manslaughter

A Milton woman has pleded no contest to charges in relation to an April 9 traffic mishap. June Coriell, 52, of Milton, pleaded no contest to two counts of DUI Manslaughter, two counts of DUI with Serious Bodily Injury, and one count of DUI property damage. Back on April 9, Coriell was driving a vehicle northbound on Highway 87 when her vehicle struck another on vehicle head-on in the southbound lane, according to the Florida Highway Patrol report. The accident claimed the lives of the driver James I. Dixon, 58, and a passenger Teresa Lunsford, 27, both of Milton. Two minor children were also in the vehicle at the time of the accident. Seven-year-old Celina Capps, and eight-year old Melissa Hopkins. According to the FHP report Capps was ejected out of the passenger side window. Judge Gay Bergosh ordered a presentence investigation and schedule a hearing for Coriell on Nov. 5 at 2 p.m. at the Santa Rosa County Courthouse. Coriell could face a maximum of 41 years when she appears for sentencing.

Va Beach DUI officer sentenced for drunken driving

VIRGINIA BEACH, VA. — A Virginia Beach DUI enforcement officer is appealing his conviction on drunken driving and hit and run charges. Bryan K. Womble was found guilty Monday following a bench trial in Virginia Beach General District Court. He appealed the verdict to Circuit Court. Substitute General District Court Judge E.L. Turlington Jr. sentenced the 37-year-old Womble to five days in jail and suspended his driver’s license for a year. Womble also must use an ignition interlock device for six months, attend alcohol safety awareness classes and pay $500 in fines. Womble was arrested June 20 while off duty. Prosecutors said his vehicle hit another vehicle and didn’t stop. Womble was part of a team that specializes in enforcing DUI laws. He has been on administrative duty since his arrest.

Woman Faces 2nd DUI After Crash That Injured Son

ORWELL, Vt. — Vermont State Police said a 24-year-old Hinesburg woman is facing a second driving under the influence charge after a crash that severed the spine of her 4-year-old son. Police sid Heather M. Carpentier was headed south on Vermont Route 22A in Orwell on Friday night when she rear-ended another vehicle. Everyone escaped the fire, but police said Carpentier’s son, Maxwell, who was riding in a booster seat, suffered a severed spine. A second child, 1-year-old Matthew Carpentier, was not seriously injured. Carpentier suffered a broken leg. Police say Carpentier’s driver’s license had been under criminal suspension from a previous conviction. She is also facing charges of endangering a child under 10.

Changes to Maryland DUI Laws

The four new DUI laws that become effective October 1 came out of the 2009 legislative session in Annapolis. WBAL reports that one bill mandates a one-year driver’s license suspensions for persons convicted twice of Maryland’s impaired driving statutes. Another bill outlaws the “consumption” of alcohol by those under 21 (law enforcement officials now will be able to charge offenders with consumption if they can prove the youth had possession of the alcohol and is proven to be under the influence) and criminalizes the furnishing of alcohol to minors; There is also bill that prohibits a DUI offender from receiving a Probation Before Judgment (PBJ) more than once in a 10 year period; and a provision for fines and incarceration for persons violating a Motor Vehicle Administration (MVA) imposed driver’s license alcohol restriction. Lt Governor Anthony Brown.

New Information In Judge’s DUI Case

EATON, Ohio — Preble County officials are asking for a special judge and prosecutor in the case of a local judge charged with drunk driving. No trial date has been set in Judge David Abruzzo’s case and in the meantime the judge continues to occupy the bench at the Preble County Courthouse, leaving some people questioning his judgement. Judge Abruzzo is charged with OVI and failure to yield to a police officer after his arrest Friday night. Still, Abruzzo continues on with this daily docket of cases while his criminal case moves forward. Is it legal? University of Dayton law and ethics professor James Durham said, “Yes it is. While this is a very serious matter, it’s only focused on one aspect of his life and doesn’t reflect on his ability to do his job overall.” Durham lectures daily on the behavior of lawyers and judges, including former Supreme Court Justice Alice Robie Resnick, convicted of drunk driving in 2005. Durham said while there is nothing wrong with Judge Abruzzo’s decision to continue working, there is a problem when it comes to hearing specific cases like drunk driving. In the Ohio Code of Judicial Conduct, rule 211 makes the ethical ramifications clear, saying a judge shall disqualify himself or herself, in any proceeding in which the judge’s impartiality might be questioned. Still, court officials said Judge Abruzzo continues to hear OVI cases and in fact, heard one case on Tuesday. According to legal experts, Judge Abruzzo can be brought to task for breaching the Ohio Code of Judical Conduct if someone challenges him and asks to disqualify him from the case. If Abruzzo refuses, they can appeal to a higher court. In the meantime, the Ohio Supreme Court has appointed retired Kettering Judge Larry Moore to oversee Abruzzo’s criminal case.

Woman, 65, gets 8-year prison term in DUI-related fatal crash

A 65-year-old Upperco [MD] woman, Mary Ann Farevaag, was ordered Tuesday to serve eight years in prison after pleading guilty to one count of auto manslaughter and another count of causing life-threatening injuries while under the influence of alcohol. Baltimore County Circuit Judge Susan Souder imposed a sentence of 10 years on the automobile manslaughter count, but suspended half that term. Souder told the defendant to serve another three years, to be served consecutively, on the charge of causing life-threatening injuries. The charges arose out of a collision Dec. 16, 2008, on Black Rock Road in Baltimore County. Police said Farevaag’s vehicle crossed the road’s center line and struck a car driven by Sara Daniel, 72. Her son, Richard Daniel, 47, was a passenger. Farevaag’s vehicle also struck several other cars before coming to rest in a field. Richard Daniel was pronounced dead at the scene. His mother was badly injured and required extensive medical treatment. Farevaag’s blood-alcohol level was tested about two hours after the crash and measured .25, more than three times the legal limit

Collisions lead to DUI charges for 3 women in Franklin

FRANKLIN [TN] — Three women who hit stopped or parked cars were charged with DUI last weekend in separate incidents. On Friday, police received a report that a vehicle was weaving in and out of traffic near Hillsboro Road and Mack Hatcher Parkway. The vehicle came close to striking a patrol car parked on the shoulder of Mack Hatcher, between Cool Springs Boulevard and Liberty Pike. As officers were in the process of stopping the car, it rear-ended a vehicle stopped at a red light. No one was injured. The driver, Mende Lovier, 34, was charged with DUI and transported to the Williamson County jail, but deputies there felt she was too intoxicated to be safely booked. Lovier was taken to Williamson Medical Center, where she stayed until 7:15 a.m. Saturday, then was brought to the jail. Lovier was also charged with violating the implied consent law. She was released after posting $1,500 bail. Late Saturday night, Jennifer Willingham, 38, was traveling west on Bakers Bridge Avenue when she struck a vehicle stopped at a red light, according to police. Willingham then backed into a second vehicle that had stopped behind her, police said. Investigating officers determined Willingham was under the influence of alcohol. She was booked into the Williamson County jail and charged with DUI and violation of the implied consent law for refusing to submit to a blood alcohol test. She was released from jail after posting $1,500 bail. Early Sunday morning, Angela Simms-Garrett, 40, struck a parked car in front of Dolan’s bar, according to police. A witness to the 1:18 a.m. crash said Simms-Garrett left the scene of the accident. Police were given a description of the vehicle and the license plate number. An officer spotted the Simms-Garrett parked at a Cool Springs gas station and determined she was under the influence of alcohol. She was charged with DUI, leaving the scene of an accident and failure to report an accident. Simms-Garrett was taken to jail and released after posting $2,500 bail. Franklin Police plan to conduct sobriety checkpoints Saturday night on Hillsboro Road, Murfreesboro Road and Columbia Avenue.

Mayoral candidate arrested for DUI says she passed breathalyzer

A candidate for Myrtle Beach mayor who was arrested for driving under the influence says she may talk to NewsChannel 15 about the incident on Wednesday. A Catalano spokesman says she passed a breathalyzer test, but those results have not yet been released to us. NewsChannel 15 broke the story Monday night that Myrtle Beach Police arrested 70-year-old Beatrice Catalano on Friday night. They charged her with DUI, driving on the wrong side of the road, and having an unlicensed or unregistered car. It happened around 9:00pm Friday night on Robert Grissom Parkway. Catalano is expected in court on October 2.

Milton-Freewater man facing vehicular homicide

PENDLETON [WA] — A Milton-Freewater [OR] man faces charges of vehicular homicide after he drove his SUV head-on into another car Sunday, killing two people. According to the Washington State Patrol, Victor J. Marly, 38, of Milton-Freewater, was driving a Chevy Trailblazer south on State Route 127 in Washington when he attempted to pass another vehicle. According to the WSP, Marly crossed double yellow lines. That’s when Marly’s SUV smashed into a northbound Toyota Camry. The head-on crashed killed the driver, Ronald G. West, 64, and his wife, Frances M. West, 72. The Lewiston, Idaho couple were dead at the scene. An aircraft ambulance flew Marly to Sacred Heart Medical Center in Spokane. News reports Sunday said Marly was in stable condition, but today a hospital spokesman said he couldn’t find a patient there with that name. Vehicular homicide is a Class A felony in Washington. A conviction for the charge carries a maximum sentence of life in a Washington state prison.

Homicide charge filed in crash that killed motorcyclist in Cedarburg

Cedarburg — Police Chief Tom Frank is crediting a city resident with using his own vehicle to block a suspect in a fatal hit-and-run crash Sunday from fleeing the scene until police arrived. A motorcycle driver, Donald P. Lalonde Jr. of Mequon, died in the crash, Frank said. John M. Kastelic, 59, of Richfield was charged Monday in Ozaukee County Circuit Court with homicide by intoxicated use of a vehicle and a hit-and-run resulting in death in the Sunday afternoon crash. Kastelic was driving northbound on Wauwatosa Road about 4:47 p.m. Sunday when he turned his vehicle into the path of the motorcycle driven by Lalonde, Frank said. Lalonde, 37, was driving southbound on Wauwatosa Road at the intersection of Sherman Road when the suspect failed to yield the right-of-way, Frank said. Lalonde was pronounced dead at the scene. Lalonde was a full-time master sergeant with the Wisconsin Air National Guard’s 128th Refueling Wing in Milwaukee, where he had been a member for about 18 years, according to 128th Staff Sgt. Nathan Wallin. Lalonde was a graduate of the University of Wisconsin-Milwaukee and worked in the base’s finance office, Wallin said. “We took it very hard. We’re all shocked and saddened,” Wallin said. “He was just a great guy, a fun guy.” Keith Wischer was driving to a church concert in Mequon on Sunday afternoon when he came upon the aftermath of the crash and made the split-second decision to drive after the suspect’s vehicle.

Man charged with vehicular homicide in Pembroke car crash

Pembroke [MA] — Police arrested Timothy J. George, 32, 27 Farnham St., Brockton, on charges of vehicular homicide, operating a motor vehicle while under the influence of alcohol, and negligent operation of a motor vehicle after his car struck another vehicle in a head-on collision, killing one woman, and injuring two teenagers in Pembroke on Saturday, Sept. 19. According to police reports, George was driving toward the center of town on Saturday night around 8:20 p.m. when he crossed over the yellow lines on Barker Street to pass a vehicle, striking an oncoming car and killing 47-year-old Elizabeth Oldrid and injuring two teenagers in Oldrid’s vehicle. Police say speed and alcohol played a role in the accident, and George was found in possession of a Class B substance. According to police reports, George was “passing vehicles unlawfully, and lost control of his own vehicle.” Oldrid was pronounced dead on arrival, and reports indicate that the Jaws of Life was used at the scene of the accident. The teenagers were brought to Brockton Hospital to be treated for injuries. One of the teenagers was later transported to a hospital in Boston for further treatment. George was arraigned Monday morning at Plymouth District Court on multiple charges.

Police trainee gets jail, not prison, for vehicular manslaughter

A former police officer-in-training escaped a prison sentence for driving drunk and killing his passenger after the parents of his victim begged a judge for leniency today in Stanislaus County Superior Court. Ryan Honnette of Denair was a probationary police officer in Stockton when he lost control of his SUV outside La Grange, killing Matthew Miller, 25, of Turlock. Judge John G. Whiteside sentenced Honnette to one year in jail. He faced up to five years in prison, Deputy District Attorney John R. Mayne said. “The judge thought it was justice,” Mayne said. “I wanted prison. I know the judge did what he thought was right.” Miller’s parents, Patricia and David, said they didn’t want to see Honnette punished. Patricia Miller said Honnette knelt by her son’s side after the accident until help came. He also asked permission to attend Miller’s funeral, she said. “We grieve for Matt but we also grieve for Ryan,” Patricia Miller said. “We want him to get on with his life and to have a good life.” “Ryan made a mistake that thousands of people make every day,” David Miller said. “Fortunately, most of the time without consequences.”

Woman in DUI case who killed friend on birthday gets six years

FULLERTON, California – Driving while impaired caused a crash in which Lynette Ann Hunt ended up killing two friends, incluing one whose birthday they were out to celebrate. Hunt was sentenced to six years in jail Monday for killing her best friend, Maria Zamarripa who turned 30 on the day she died. A third friend who was with them was also killed. Hunt, 32, of Fullerton, pleaded guilty in court on Aug. 3, 2009, to one felony count of vehicular manslaughter by unlawful act with gross negligence while intoxicated, one misdemeanor count of driving on a suspended license, and sentencing enhancements for causing great bodily injury and having a blood alcohol level of .15 percent. On July 11, 2008, Hunt and two friends, 28-year-old Vanessa Herrada, of Fullerton, and 30-year-old Maria Zamarripa, of Fontana, were celebrating Zamarippa’s 30th birthday at California Girls Gentleman’s Club in Santa Ana. The three left the club in Hunt’s 1993 Honda sedan. “At approximately 6:35 p.m., Hunt, who was driving recklessly and weaving in and out of lanes on westbound State Route 91, hit her brakes and locked all four tires, causing the car to skid and the tires to smoke as she approached the East Street exit. She then accelerated and suddenly veered across several lanes of traffic,” according to details of the case presented in court. “Hunt’s vehicle flipped down the freeway embankment, rolled over, and ejected Hunt and Zamarripa from the car,” said the prosecutor. California Highway Patrol officers responded to the crash and investigated the case and observed that Hunt emitted a strong odor of alcohol, slurred her speech, and had bloodshot and watery eyes. Approximately two hours after the crash, Hunt had a blood alcohol level of .15 percent, almost two times the legal limit.

Driver charged in accident that killed her daughter

GOSHEN—State Police at Middletown have charged the mother of a three-year-old child for the June 2009 automobile accident that took the life of that child. Kim Gore, 40, formerly of Cuddebackville, was arrested Friday evening for aggravated vehicular homicide, second degree manslaughter, first and second degree vehicular manslaughter, criminally negligent homicide, driving while ability impaired by drugs and reckless driving. All charges are felonies with the exception of the reckless driving charge. It is alleged that on June 23 Gore was operating a 2003 Toyota Camry on St-209 in the Town of Deerpark when she ran off the roadway. Her daughter, Sierra Gore, 3, who was not secured in a child safety seat, died as a result of injuries sustained in the crash. Subsequent investigation found that Kim Gore was operating the vehicle with prescription drugs and illegal drugs in her blood at the time of the accident. Gore was arrested at a private residence in Pearl River and transported to Orange County jail. She was arraigned Monday, entered a plea of not guilty and was ordered held in lieu of $100,000 bail. Records indicate that Gore has two previous convictions for driving while ability impaired.

Virginia Beach officer guilty of DUI and hit and run

 

Known for enforcing laws relating to driving under the influence, Virginia Beach police officer Brian Womble has been convicted of driving under the influence and hit and run. He’s the officer who arrested former Redskin Bruce Smith for driving drunk. The Virginia Beach officer isn’t the confident police officer anymore. Officer Womble was in tears through out much of his trial. Judge E.L. Tellington found him guilty of both driving under the influence and hit and run. The victim’s name is Erricka Brown. She and three others were driving at the oceanfront on June 30th when Womble, driving almost two times the legal limit smashed into her. “He looked at us.. He looked at us and said oh “s***”.. He cussed, he reversed and he went around my car.” Womble said before that night he hadn’t been much of a drinker. In fact before he was at the bar at Rudee Inlet, he had only started drinking about a month ago. He blamed it on problems at work and at home. His father was in a hospital over seas and Womble had no passport but both the judge and the witnesses say that’s no excuse for what he did. “How could you be out doing something on a late night that you are against and arrest people for?” The officer who arrested Womble testified his speech was slurred and he smelled of alcohol. He also registered a blood alcohol level of .15 which is almost twice the legal limit. He did have a cell phone that night but still chose to drive. Erricka Brown says Womble of all people should have known better. “You hit somebody and you didn’t even stop to see if he was okay and you know you are in the wrong.” Womble’s DUI conviction carries automatic jail time but Womble is appealing the conviction. The jail time and his job as a police officer will not be decided until after that trial in circuit court.

Drunken driver kills Uniondale man in 2-car crash

A drunken driver killed a Uniondale man in a two-car accident early Sunday, Nassau police said. Jonathan Davis, 23, of Hempstead was driving a 1998 Buick Regal west on Jerusalem Avenue in East Meadow when he struck a 1999 Land Rover being driven south on Hawthorne Avenue by Kenneth Noel of Uniondale, at 1:10 a.m., police said. Noel, 48, was thrown from the Land Rover and died at the scene. Davis, who declined a breath analysis, is charged with second-degree vehicular manslaughter, driving while intoxicated, reckless endangerment and refusing to submit to a breath test, police said. His arraignment is scheduled for today in First District Court in Hempstead. It was unclear whether Noel was wearing a seat belt, Nassau Det. Gary Ferrucci said, because his vehicle was too damaged to tell. Ferrucci said investigators also do not yet know how fast Davis was driving

Maine man charged in death of camp counselor from Seattle

AUGUSTA, Maine — A 35-year-old central Maine man faces manslaughter and other charges for allegedly being drunk when he struck and killed a camp counselor as she walked along a country road in July. Joseph Rouleau of Fayette was indicted Friday in the death of 21-year-old Corrie Lazar. Lazar, of Seattle, was a college senior and working as a counselor at Camp Laurel in Fayette. Police said Rouleau’s blood alcohol content was 0.23 percent, nearly three times the legal limit, when his vehicle went off the road and struck Lazar and another counselor on Route 41 in Mount Vernon. The Kennebec Journal says Rouleau turned himself in at the Kennebec County jail Friday and was released after posting bail of $60,000 worth of real estate.

Marina woman pleads no contest to vehicular manslaughter

Monterey County District Attorney Dean Flippo announced today that on Friday, Marina resident Kim Ngoc Nguyen, 28, pled no contest before Judge Adrienne Grover to Gross Vehicular Manslaughter While Intoxicated for causing the death of Jeanete Martinez, 20, of Greenfield. Nguyen faces 10 years in state prison. On March 3, 2009, Ms. Nguyen drove her vehicle across the center line head-on into a vehicle driven by Jeanette Martinez. Nguyen had been drinking at Mortimer’s Card Room in Marina. She was driven home from Mortimer’s by a friend because of her level of intoxication. Nonetheless, she thereafter got into her sister’s Toyota Camry and left her residence. First she hit a parked car while backing out of the driveway; then she hit a curb on Brostom Drive; moments later while driving on the wrong side of the road she collided with the right rear panel of a moving car and fled the scene. Nguyen then continued on Imjin Parkway until she collided with the Acura Jeanette Martinez was driving. Jeanette Martinez died at the scene. Nguyen’s blood alcohol level was .12% four hours after the incident. Marina Police Department led the criminal investigation, assisted by District Attorney Investigator Allen Rowe. Sentencing is scheduled for Nov. 12 in front of Judge Adrienne Grover.

Fierro’s trial to begin Monday

SANTA FE (KRQE) — A high profile DWI hit-and-run homicide case will go to trial on Monday, almost 10 months after a man was hit and killed in a Santa Fe Street. Carlos Fierro, 36, will stand trial in New Mexico District Court for vehicular homicide and causing a fatal accident. Judge Michael Vigil will preside over the trail. Fierro is accused of hitting William Tenorio as he stepped off a curb on Guadalupe Street last November, and then driving off. Tenorio was 46. He had been drinking when he was killed. Fierro is a politically connected attorney in Santa Fe. Just two years ago, he was named the New Mexico Bar Association’s Outstanding Young Lawyer. He now faces nine years in prison if he’s convicted. The trial is expected to last a couple of weeks. Fierro’s passenger that night was New Mexico State Police Officer Alfred Lovato. The 17 year veteran was assigned to Gov. Bill Richardson’s security detail. Lovato is also charged with vehicular homicide.

Man charged in fatal DUI crash in Heart of Chicago

A 35-year-old man who police said was drunk behind the wheel was charged with reckless homicide in connection with a crash that killed another man Saturday in the Heart of Chicago neighborhood, police said this afternoon. Roberto M. Torres, of the 2000 block of West 21st Street, was also charged with leaving the scene of an accident resulting in an injury or death and was ticketed for driving under the influence of alcohol, operating a motor vehicle without insurance and failing to stop at a red light. Carlos Chavez, of the 1600 block of West 21st Street, was pronounced dead at 6:30 a.m., said a spokesman for the Cook County medical examiner’s office. The crash happened about 2:30 a.m. Saturday at West Cermak Road and South Damen Avenue, involving a truck and another vehicle, police said. Torres and a female passenger, 20, were in the truck, and both were treated for minor injuries.

No second chances in old DUI cases

SARASOTA COUNTY [FL] — The breath-alcohol tests used for years to help convict tens of thousands of DUI defendants across the state might not have been as reliable as prosecutors portrayed. Two top experts have said that the Intoxilyzer 5000 breath-test machines — used for about two decades before the state changed to updated machines in 2006 — could not meet today’s scientific requirements for ensuring accurate results. The Intoxilyzer 5000 was only checked once a month to see if the machine was working properly. The state’s newest machine, the Intoxilyzer 8000, runs two control tests during every alcohol breath test — one right before and one right after. The testimony of those experts means prosecutors cannot present the Intoxilyzer 5000 breath tests in court in the small number of remaining cases where that older machine was used. As a result, dozens of DUI defendants in Sarasota and Manatee counties have had charges dropped or reduced to reckless driving. But it is too late for anyone already convicted with results from the Intoxilyzer 5000 to benefit from the situation. Prosecutors say the Intoxilyzer 5000 machines were reliable, even if the scientific community now calls for better safeguards to make sure the machine is accurate.

California DUI checkpoint a failure

Fairfield, CA — A local DUI checkpoint at the 1400 block of Travis Blvd., was, but objective standards a miserable failure. According to reports, 776 cars were stopped and the drivers screened for DUI. Out of the 776 vehicles stopped, no drivers were cited for DUI. However, 20 were cited for various license infractions, including 11 citations for driving with a suspended license, and 9 for driving without a license. These people had their vehicles towed. For the resources it took to stop 776 vehicles looking for DUI suspects to net no DUI arrests, the exercise can be classified as an objective failure.
OpEd: That’s good news! The attorney writing this article seems miffed, perhaps because the checkpoint didn’t net him any dough (clients). No arrests means compliance with law, and that’s a bad thing? This article takes a different tact on the nights “spoils”

Lewes man charged with 5th DUI

MILLSBORO [DE] — A Lewes man was charged with a fifth DUI offense following an accident Saturday afternoon at the intersection of Longneck Road and the entrance road (Cove Drive) to Mariners Cove. Delaware State Police said Thomas Albanese, 48, was driving a a 2005 Chevrolet pickup truck pulling a boat trailer when he hit another vehicle that he tried to pass as it was turning onto Cove Drive. Albanese then allegedly fled on foot. He was later found hiding in nearby bushes and police said officers detemined that he had been drinking and was under the influence. A routine computer check showed that Albanese had four previous convictions for DUI. Additionally, the trailer Albanese was pulling was not registered properly and the he was driving on a suspended license. The driver of the other vehicle was not injured, police said. Albanese was charged with 5th Offense DUI, leaving the scene of a property damage crash, driving while suspended, failure to provide information at a collision scene, failure to have insurance, expired tags and improper passing. He was released on a $6,900 unsecured bond early this morning, police said.

Vehicular homicide defendant waives

COURTHOUSE — A Spring City man accused of driving drunk and speeding when he crashed a van into a tree in Upper Providence, killing his passenger friend, will avoid a court appearance next month by waiving his arraignment on vehicular homicide charges. Dustin J. Jones, 26, of the 100 block of Hall Street, on Thursday waived his scheduled Oct. 28 formal arraignment in Montgomery County Court on charges of homicide by vehicle, homicide by vehicle while driving under the influence of alcohol, DUI, careless driving and speeding in connection with the 2 a.m. July 28 one-vehicle crash in the 1000 block of Lewis Road in Upper Providence. Killed in the crash was Richard Holloway Jr., 26, of Collegeville. Holloway was pronounced dead at the scene. An autopsy determined Holloway died of head injuries. By waiving his arraignment, Jones pleaded not guilty to the charges. An arraignment hearing marks the first time a defendant has the opportunity to enter a plea to criminal charges. Jones’ case will now be scheduled for trial. Jones, who is represented by defense lawyer Joshua E. Scarpello, remains free on $100,000 unsecured bail while awaiting trial. Assistant District Attorney Brett Buick is prosecuting the case. If convicted of the homicide by vehicle while DUI charge, Jones could face a mandatory three-year prison term.

Drunk barely hurt in wreck, but pal dies

A boozed-up Staten Island man lost control of his car and crashed into a utility pole on Saturday, killing his 41-year-old passenger, police and witnesses said. Christopher Garfman, 39, survived the 2:15 a.m. wreck in Woodrow, Staten Island, and was charged with driving while intoxicated, manslaughter and criminally negligent homicide, police said. He had pot on him too, police said. His passenger, David Zimmer, died instantly after the 2000 Ford Focus careened out of control, bounced off a tree and exploded into the pole on Drumgoole Road E. The crash sent the car’s engine flying 20 feet down the street. Cops found a half-empty bottle of Ouzo in the vehicle, a source said.

Rankin County jury awards $3.3 million in DUI Homicide case

The jury’s verdict was for $3,333,189.00. It was a general verdict form, so there was no break-down of the verdict into separate categories. The judgment states that $612,500 was previously paid to the plaintiff on behalf of the losing defendants (Joe Ed Carter and M&A Trucking, Inc.). Therefore, the Court reduced the verdict to $2,720,689 and the judgment was for that amount. The case was filed in 2000, so the tort reform caps do not apply to the judgment. I do not know what any potential appeal issues are, but Judge Samac Richardson is not reversed often and the plaintiff’s attorney (John Toney) is very respected in the legal community. Also, Rankin County juries are as conservative as they get. I would be very surprised if this case is reversed on appeal. Here is a link to the Mississippi Department of Corrections’ profile on Mr. Carter. It states that Mr. Carter was sentenced to 20 years in prison for vehicular homicide and 15 years for aggravated assault.

Naked Biker Busted For Fifth DUI

OCALA, FLA—There’s no law in Florida that dictates that you have to wear a helmet while operating a motorcycle. But the law says that you have to wear clothes. A Florida man has been charged with his fifth charge of driving under the influence after police saw him riding his motorcycle naked on Interstate 75 earlier this week. When Dante Krauss, 45, stopped at a red light, police pulled him over. Police said Krauss didn’t know where he was coming from and couldn’t explain why he was naked. When asked if he had been drinking said he had. He registered a blood alcohol content of more than .08%, the state’s legal threshold of intoxication. He’s was released from custody, with clothes on, after posting $20,000 bail. 9–18-09

Avon assistant fire chief arrested for alleged DUI

AVON [OH] — A minor fender-bender Thursday evening led to the arrest of an assistant fire chief after police say he smelled of alcohol. Assistant Fire Chief Tom Golay, a 22-year veteran of the Avon Fire Department, was charged with operating a vehicle under the influence, police Sgt. Robert Olds said. Golay was released on a personal bond and is due to appear in Avon Mayor’s Court on Wednesday to answer to the charge. Golay, who heads the department’s Fire Prevention Bureau and training program, told police he was leaving his home just before 7 p.m. Thursday when a car turning left onto Nagel Road cut him off. Olds said Golay, who was driving a 1993 Chevy Corvette, hit the right rear panel of a 2007 Subaru Tribeca driven by 26-year-old Travis R. French of Avon. No one was hurt in the crash, including French’s two passengers… The test registered a blood-alcohol level of 0.159, Olds said. Ohio law deems a driver impaired at 0.08.

N.M. Fire Capt. Demoted After Off-Duty DUI Arrest

ALBUQUERQUE, N.M. — A captain for the Albuquerque Fire Department is arrested for alleged drunk driving. Josh Ortega-Scheiner was pulled over near Interstate 40 and Carlisle Blvd. Thursday night for speeding. State police said he had slurred speech, and his blood alcohol content was .26, more than three times the legal limit. Friday, AFD officials demoted the 16-year veteran from captain to firefighter, which is the lowest rank. “He feels terrible, he feels like he let the department down and himself down,” said deputy fire chief Craig Sadberry. Ortega-Scheiner was not fired because he has no prior record.

‘Real’ Husband Charged with Felony DUI

Matt Keough from “The Real Housewives of Orange County” is in a real deep mess, he was just charged with two felonies following his DUI arrest on August 15. Keough — who was busted in Coto de Caza, CA driving three times over the legal limit — was charged with “one felony count DUI with a prior felony DUI conviction within 10 years” and one felony count driving with a BAC of .08 or higher. According to the Orange County D.A., “Keough was also charged with sentencing enhancements for having a blood alcohol level of .20 percent or more and a prior 2005 felony DUI conviction.

Spring City man waives arraigment in fatal crash

NORRISTOWN [PA] — A Spring City man accused of driving drunk and speeding when he crashed a van into a tree in Upper Providence, killing his passenger friend, will avoid a court appearance next month by waiving his arraignment on vehicular homicide charges. Dustin J. Jones, 26, of the 100 block of Hall Street, on Thursday waived his scheduled Oct. 28 formal arraignment in Montgomery County Court on charges of homicide by vehicle, homicide by vehicle while driving under the influence of alcohol, DUI, careless driving and speeding in connection with the 2 a.m. July 28 one-vehicle crash in the 1000 block of Lewis Road in Upper Providence. Killed in the crash was Richard Holloway Jr., 26, of Collegeville. Holloway was pronounced dead at the scene of the crash. An autopsy determined Holloway died of head injuries… Upper Providence police were able to speak to Jones at the scene of the crash and they detected an odor of alcohol on his breath, prosecutors alleged. Blood tests subsequently determined that Jones had a blood-alcohol level of 0.138 percent. The legal blood-alcohol level for driving in Pennsylvania is 0.08 percent. Authorities alleged Jones was impaired beyond the point of rendering him unfit to safely operate a motor vehicle. Jones’s “alertness, judgment, perception, coordination and sense of care and caution were also impaired,” authorities alleged in court papers.

Driver In Fatal Crash Convicted Of Manslaughter

EL CAJON, Calif. — An El Cajon man who was drunk when he caused a crash on State Route 78 near Ramona that killed two men and injured a woman was cleared Friday of murder charges but convicted on two counts of gross vehicular manslaughter. Shannon Shimp was also found guilty of DUI causing injury; driving with a blood-alcohol level of .08 percent or more and causing injury. Each charge was attached with allegations he personally inflicted great bodily injury, and caused death or injury to three or more victims. A passenger in Shimp’s truck, Joseph Edwards, 52, and Ian Kinney, 19, who was driving a Lexus, died in the crash. Kinney’s girlfriend was injured. A test nearly two hours after the collision found that Shimp had a blood-alcohol level of .19 percent, which is more than twice the legal limit. Witnesses testified that Shimp was driving eastbound when he tried to pass several vehicles, but lost control and skidded into the Lexus, which was pinned underneath the pickup. Edwards, of Ramona, and Kinney, of Julian, both died at the scene.

See also outrage from from a sister-in-law of one of those murdered

White gets prison time for drunken driving deaths

JEFFERSON [WI] — Jefferson County Branch II Circuit Court Judge William Hue ordered Lucas White, 23, of Fort Atkinson to 30 years in prison Thursday for killing a father and son who were on their way to a Milwaukee Bucks basketball game while he was operating while intoxicated earlier this year. White will serve an initial prison term of 14 years, with the remaining 16 years on extended supervision. White had entered into a plea agreement with the state in early August. He had originally been charged with two counts each of homicide by intoxicated use of a motor vehicle and homicide by use of a vehicle with a prohibited blood-alcohol content after the crash Feb. 7 that resulted in the deaths of Eleno (Alan) J. Calvillo, 41, and his son, Bailey A. Calvillo, 11, of Fort Atkinson. The collision occurred on state Highway 106 in the town of Koshkonong, just east of Curtis Mill Road. White failed three field sobriety tests after the crash, according to the criminal complaint. He was operating left of the center line before the head-on collision occurred. His blood-alcohol content was .241 and he had evidence of marijuana in his bloodstream.

Man sentenced in vehicular manslaughter case

SANTA BARBARA [CA] — Fabian Maduena, 21, pleaded no contest to vehicular manslaughter and received a 21-year sentence following three felony and two misdemeanor charges connected to events leading to the death of a mother of five children. Rosario Silvestre, 41, was ejected from her Volkswagen Jetta when Maduena’s speeding vehicle clipped her car on the 101 freeway. Maduena fled the scene, was subsequently apprehended and failed a field sobriety arrest, leading to charges of vehicular manslaughter while intoxicated, possession of marijuana for sale, and flight from the scene of a fatal accident. Maduena was also found to have been driving with a suspended license without proof of insurance.

Frostproof Man Charged with Vehicular Homicide on ‘America’s Most Wanted’

AVON PARK | A man facing charges in a crash that killed an Avon Park couple will be shown on “America’s Most Wanted” at 9 p.m. tonight on Fox. Brian Dale Andrews of Frostproof was driving north on U.S. 27 just north of County Line Road about 5:35 p.m. on June 30, 2007, when his vehicle crossed the grass median into the southbound lanes, according to Florida Highway Patrol. Danny and Pat McCown, both 59, were returning home from shopping when Andrews smashed his vehicle into their car, killing them. Andrews was treated for injuries and charged with driving with a suspended license and careless driving resulting in death, FHP said. He was released from Polk County Jail on July 21, 2007, but authorities haven’t seen him since. A warrant was issued for Andrews’ arrest on Sept. 21, 2007, for two counts of DUI manslaughter after Andrews failed to appear at a hearing.

Man Convicted Of Manslaughter In DUI Tragedy

RIVERSIDE (CBS) ― A Riverside jury spent just under three hours deliberating Friday before convicting 24-year-old Javier Hernandez of gross vehicular manslaughter in the Aug. 4, 2008, death of Gloria Rodriguez, a 20-year-old mom. Hernandez had been charged with second-degree murder but jurors acquitted him of that count, preferring the lesser charge of manslaughter. “We certainly respect the right of the jury to arrive at their determination,” Riverside County District Attorney’s Office spokesman Michael Jeandron said in response to the verdict. Jurors also convicted Hernandez of three counts of inflicting injury while driving under the influence, as well as multiple great bodily injury allegations and being an unlicensed operator of a motor vehicle. Sentencing is expected on Nov. 20. According to Riverside police, on the night of the fatal crash, Hernandez was speeding north on Tyler Street when he veered his Ford Explorer off the road near Robinson Avenue, plowing through a utility pole and onto the sidewalk.

Roseville Man gets jail in DUI Death

Twenty-year-old Brandon Mark Moreno of Roseville was given a county jail term of 240 days with a suspended sentence of seven years in state prison today for causing the death of his friend, Brandon Keith, in a drunken driving collision. Described by the prosecutor as a “partygoer” who couldn’t refrain from alcohol or drugs, Moreno was placed on five years of formal probation and ordered to serve more than 21 months in jail by Placer County Superior Court Judge Larry D. Gaddis. Since the defendant, who has been in custody since the fatal incident, was given credit for serving 408 days in jail, he will need to serve 240 more days behind bars, the judge ordered. If Moreno violates any of the terms of his probation while in jail or after his release, he could be sent to prison for seven years to fulfill the suspended sentence. Among other conditions imposed on Moreno are 200 hours of community service, abstinence from drugs and alcohol, counseling and payment of $3,220 for various fines, fees and restitution programs. The fatal incident occurred Dec. 20, 2008, when Moreno’s vehicle, carrying four occupants and being driven at an estimated 85 mph in a 45-mph zone, left the roadway on Foothills Boulevard and smashed into a tree. Keith, a 20-year-old Roseville resident, died. Another passenger, Joseph Castillon, was injured. The third passenger was not hurt.

Driver charged after fatal crash in Swansea

SWANSEA, MA. — A 21-year-old woman has died from the injuries she suffered in a one-car accident early Friday morning, and the police have charged the driver with motor vehicle homicide. The Swansea police charged Justin Nunes, 22, of Swansea, with motor vehicle homicide by operating under the influence and failure to stay in marked lines. Nunes was driving a 2003 Ford Escape on Gardners Neck Road around 1:48 a.m. when his SUV left the paved roadway and struck two utility poles, according to a preliminary investigation by Swansea Patrolman Christopher Ball. His female passenger suffered major injuries and was taken to Charlton Memorial Hospital in Fall River then transferred to Rhode Island Hospital. The police said that she died at 6:30 a.m. The police have not named the Swansea woman pending notification of her family. Nunes had originally been charged with operating under the influence of liquor resulting in serious bodily injury, reckless operation of a motor vehicle and marked lanes violation, but the charges were upgraded when his female passenger died.

Driver Charged with Homicide, DUI

 

Prosecutors in Lackawanna County added additional, more serious charges to the complaint against a man accused in a deadly hit and run crash. They said his actions killed another Matthew Garofalo, 54 of the Mount Cobb area last week. Alfred Atsus, 33, of Moscow had nothing to say Thursday about the new charges against him which include homicide by motor vehicle while driving drunk and involuntary manslaughter. Prosecutors said they consider Atsus a danger to the community. “He left the scene early in the morning, and his blood alcohol level was a .23 at just before 6 a.m. which compounded the situation,” said Assistant District Attorney Corey Kolcharno. Police said it was more than a week ago when Atsus ran a red light at the intersection of Routes 307 and 690 near Moscow, hit another car, then kept driving. Police found Atsus about an hour later at his home where he admitted he’d had 11 drinks. A test showed his blood alcohol was almost three times the legal limit.

Nebraska man gets prison for vehicular homicide

A Grand Island [NE] man convicted of driving drunk and killing a woman will spend nearly 2 decades in prison. Documents in Hall County District Court show 40 year old Troy Nehls was sentenced to 19 and a half years behind bars. He has been given credit for nearly a year of time already served. Last October, Nehls was arrested after he crashed into a car driven by 60 year old Cynthia Collins of Grand Island. Collins died at the scene. Authorities said Nehls had been drinking. He was charged with Motor Vehicle Homicide.

Woman Dies After Suspected DUI Crash

BOSTON [MA] — A 22-year-old Swansea man faces motor vehicle homicide and drunken driving charges after a crash that left a woman dead. Justin Nunes, 22, crashed his 2003 Ford Escape into two utility poles on Gardners Neck Road in Swansea early Friday morning, police said. A female passenger was seriously injured in the crash and taken to Rhode Island Hospital. She died Friday morning. After the crash, Nunes was arrested and charged with operating under the influence of liquor resulting in serious bodily injury, reckless operation of a vehicle and a marked lanes violation. The charges will be upgraded to motor vehicle homicide by operating under the influence of liquor. The victim’s name has not been released.

Johnigan found guilty of murder, vehicle manslaughter, DUI

A 24-year-old woman learns her punishment in the death of a longtime Santa Barbara County [CA] District Attorney investigator. A jury found Ashley Johnigan guilty of murder, gross vehicular manslaughter, and two misdemeanor charges of DUI for the May 1, 2008, crash that killed Laura Cleaves. Cleaves had worked with the DA’s investigation unit since 1984. The courtroom was packed, mainly filled with Cleaves’ family, friends, and co-workers from the DA’s office. Johnigan could face 15 years to life when she is sentenced next month. She sat quietly as her fate was read. Outside court, Cleaves’ family and friends comforted each other in what was a bittersweet moment.

Charles Rogers Charged With PUI?

Total Pro Sports — Driving under the influence is nothing new to sports athletes. In this year alone we have seen the likes of WNBA star Diana Taurasi, former WWE wrestler Rowdy Roddy Piper, and retired NBA star Charles Barkley arrested for DUIs. Even Cleveland Browns wide receiver Donte Stallworth was recently sentenced to 30 days in prison for vehicular manslaughter after driving while under the influence and killing a pedestrian. All the aforementioned had received bad publicity for their stupidity, but Charles Rogers is about to do them one better. You see, driving while under the influence has been played out by athletes. Rogers was looking for something new, and he got it… Parking Under the Influence. The former first round pick of the Detroit Lions was arrested Wednesday night after officers in Novi, Michigan found him “unresponsive behind the wheel of his still running, and in gear, Mercedes on Meadowbrook Road.” After failing a roadside sobriety test, Rogers was arrested for Operating a Motor Vehicle While Intoxicated and Operating a Motor Vehicle While License Not Valid.

Woman gets 10 years in manslaughter

A Cherokee County [OK] woman charged with first-degree manslaughter drew a 10-year prison sentence after entering a plea. Janet Kaye Ingram, 46, will undergo a therapeutic program while incarcerated. The length of the program is usually 18–24 months, said Assistant District Attorney David Pierce. Ingram was charged in September 2006 with manslaughter, stemming from a crash on Indian Road in August 2006 that killed James Caldwell. Reports state Ingram ran off the road and overcorrected, veering into Caldwell’s lane. Pierce said Ingram’s blood alcohol level was .19 when her blood was taken by an emergency room nurse. He said it also showed marijuana and benzodiazepine, a mild tranquilizer.

Sheriff seeks captain’s firing after DUI arrest

MOUNT VERNON [IL] — Jefferson County Sheriff Roger Mulch has asked for the termination of a department captain following an August DUI arrest in Washington County. A merit commission will make a decision on that request. Court records show Randall R. Nadolski of Scheller was cited with driving under the influence in Washington County Aug. 17 and also received a citation for failure to reduce speed. He was suspended without pay Sept. 2 and a letter of resignation was requested, according to a news release by Mulch, who declined further comment Wednesday. Nadolski did not submit a resignation letter and was scheduled for a disciplinary investigative interview Monday. Information from Washington County was used in that review process, according to the release, and Nadolski was notified that the Jefferson County Merit Commission would be informed of the department’s request for his continued suspension without pay, demotion from a captain’s position to patrol and termination of employment.

Neb. man accused of 4th DUI after pursuit

LINCOLN (AP) — A Nebraska man has been arrested on suspicion of his fourth drunken driving offense after a short chase at speeds over 100 mph. The Nebraska State Patrol says the pursuit began shortly after 1 a.m. Wednesday after a trooper spotted a Cadillac Escalade with stolen license plates on Interstate 80 in Lincoln. The Escalade exited I-80 at 56th Street, but then crossed the street and re-entered the Interstate. A trooper tried to stop the vehicle, but the driver refused to stop. Stop sticks were laid out near Waverly, and they deflated the SUV’s tires. The driver was arrested a short time later. The Patrol says 40-year-old Michael McGinn Sr. of Bennet will likely face several charges, including his fourth DUI, reckless driving and fleeing to avoid arrest.

Charges sought against parents after Orinda teen party and DUI crash

ORINDA — Police are seeking charges against the parent of a teenager who hosted an alcohol-fueled party and against a partygoer’s parents who tried to cover up a DUI crash that followed, police said. Seven Miramonte High School students were arrested and cited after Orinda and Lafayette police responded about 12:30 a.m. Sunday to a house party in the 4100 block of Happy Valley Road. Four of the teenagers, including the party host, were arrested on suspicion of public drunkenness; two on suspicion of driving while intoxicated; and one on suspicion of possessing marijuana. The host also was cited for holding an unruly party. All were released to their parents. Orinda police Chief Bill French said one of the teens arrested on suspicion of DUI also is suspected of hit-and-run after striking a parked car and then shearing a telephone pole while leaving the party.

AB mayor facing DUI charge, released on PR bond

MARION, SC (WMBF) — Atlantic Beach Mayor Retha Pierce was released from jail Thursday on a personal recognizance bond. Pierce faces charges in Marion County for allegedly driving under the influence. Troopers with the South Carolina Highway Patrol arrested Pierce Wednesday on suspicion of DUI, adding yet another incident to a growing number of run-ins with the law. Pierce will face a judge on the DUI charge on Oct. 6. The Rev. Windy Price, a long-time friend of Pierce, says the Atlantic Beach mayor is an evangelist, a woman with strong morals who doesn’t even take aspirin, let alone drink and drive. “It’s crazy. When I heard the charges I was very perplexed,” she said. “People that know Mayor Pierce [know] that’s a strong lady, and she would never resort to alcohol. That’s not her, I know that for a fact.” Price says Pierce was taking a nap at a fast food restaurant parking lot off of Highway 76 when troopers approached her car. In April, Atlantic Beach Police Chief Randy Rizzo says Pierce was arrested on hit and run and failure to provide proof of insurance charges after side swiping a car and driving away.

Center man charged with DUI, vehicular homicide

CENTER TWP. [PA] — A Beaver man has been charged with killing the passenger of another car while driving drunk in a wreck in Center Township late Thursday. Michael Anthony Kowal, 52, of 205 First St. is charged with plowing his pickup into the back of a car that was waiting for a light at Route 18 and Old Brodhead Road around 11:55 p.m. Thursday. One person in the car, Scott M. Boyd, 31, of Midland, was killed; the driver and two other passengers were injured… Kramer said Kowal, who was released from the Beaver County Jail Monday after posting $50,000 bond, is charged with homicide by vehicle, homicide by vehicle while driving under the influence, three counts of aggravated assault with a motor vehicle while driving under the influence, involuntary manslaughter, five counts of reckless

Trooper man sentenced for Schwenksville crash death

NORRISTOWN [PA] – A Trooper man’s decision to drive under the influence of cocaine, marijuana and alcohol was “a mixture for disaster” that claimed the life of his passenger and best friend, according to prosecutors. “It was the deadliest cocktail one can be served. It was a mixture for disaster,” Montgomery County Assistant District Attorney Nathan Schadler said Wednesday after Joseph Thomas Cornog pleaded guilty to charges of homicide by vehicle while driving under the influence of a combination of drugs and alcohol and DUI in connection with the July 11, 2008, one-vehicle crash that claimed the life of Eagleville electrician Adam P. Hunsberger. “He played Russian Roulette,” said Schadler, comparing Cornog’s vehicle to a “fully loaded gun.” “It was a certain outcome and that outcome was Adam Hunsberger’s death.” President Judge Richard J. Hodgson sentenced Cornog, 30, of the 2900 block of Fourth Street, to a total of 4-to-8-years in a state correctional facility in connection with the vehicular homicide charge and a probation violation. Cornog was on probation for a 2004 drug conviction at the time of the Schwenksville crash and the vehicular homicide charges represented a violation of the previous probation.

Pre-trial hearing set in fatal hit-and-run case

BRISTOL [CT] — Robert Park, who is charged with several crimes involving the hit-and-run accident that killed 14-year-old Henry Waye Jr., is scheduled for a pretrial hearing Oct. 14. Park, 44, of 132 George St., appeared in court briefly Wednesday morning when the pretrial date was scheduled. Pretrial hearings include discussion on what will be covered during a criminal trial. Park is charged with second-degree manslaughter, misconduct with a motor vehicle, second-degree manslaughter with a motor vehicle, negligent homicide with a motor vehicle, evading responsibility for death or serious injury, operating a motor vehicle under the influence of alcohol or drugs and failure to drive right. * Park turned himself into police on June 1 after hearing about a warrant for his arrest. His charges stem from the March 5 accident in which he allegedly struck Waye with his pick-up truck while the boy was walking his bicycle up George Street.

Woman gets 10 years for manslaughter

A Cherokee County [OK] woman charged with first-degree manslaughter drew a 10-year prison sentence Tuesday after entering a plea to the charge… Ingram was formally charged Sept. 16, 2006, with manslaughter, stemming from a crash on Indian Road in August 2006 that killed James Caldwell. Reports state Ingram ran off the road and overcorrected, veering into Caldwell’s lane. Ingram was traveling 41 mph at impact with the Caldwell vehicle, according to previous testimony.Pierce said Ingram’s blood alcohol level was .19 sometime after the crash, when her blood was taken by an emergency nurse at the hospital. He said it also showed marijuana and benzodiazepine, a mild tranquilizer. Pierce said a charge of actual physical control of a motor vehicle while under the influence of alcohol, filed in July against Ingram for an incident in Tahlequah, was dismissed as part of her plea deal.

Along with other laws, Texas puts into law today one of the toughest primary seatbelt laws in the nation today. Under the law all passengers; front seat and back must be buckled up or the driver faces stiff penalties.

The law also requires that any child under age 8 be restrained in an approved child passenger safety seat, unless the child is at least 4 feet 9 inches tall. Additionally, the law now allows fines collected for these violations to be used by TxDot to purchase safety seats for families that cannot afford them.

The law also requires that any child under age 8 be restrained in an approved child passenger safety seat, unless the child is at least 4 feet 9 inches tall. Additionally, the law now allows fines collected for these violations to be used by TxDot to purchase safety seats for families that cannot afford them.

Statewide in 2008, 183 back-seat passengers who were not wearing seat belts died in car wrecks, and 4,046 were injured, according to the Texas Department of Transportation. This points to how short sighted some states are in enacting their own primary seatbelt laws. Here in Florida it’s front seat passengers only, yet we hear about deaths from being ejected from vehicles all the time. It is usually true that compromises have to be made to get bills passed, but compromise=needless death, something lawmakers don’t seem to get. We applaud Texas for the courage in making the law for all passengers.

Anyone who wants an up-to-date list of state seatbelt laws can use the Insurance Institute for Highway Safety’s interactive map and comprehensive list here

The Florida legislature fought tooth and nail for years against the primary seatbelt law co-sponsored by Irv Slosberg. Slosberg began is crusade and in fact ran for office for the main purpose of seeing this bill pass. He had a stake in it. His daughter Dori was killed in a tragic car accident in 1994. Convinced that she would have been saved through the use of seat belts, he began his crusade and formed the Dori Slosberg Foundation.

It was only when the Feds dangled money in an amount that the Florida legislature simply could not resist if it passed the Dori Slobber & Katie Marcher Safety Belt Bill. The objections until the game changing federal grant caused the bills passage was extensive. In this interview with the TC Palm:

There were a few objections to the passing of this law, and they include racial profiling. However, the bill received the endorsement of the Black Caucus. A valiant supporter of this bill was the Me harry Medical Center, the largest black medical college in the United States. The Libertarian Party objected to being stopped for a seat belt ticket. My argument for this is as a government, there is nothing more important than the public’s safety. The Libertarians argue for freedom of choice, but why should the Florida taxpayer have to pay for the ignorance of the 20 percent who choose not to buckle up? More…

Some of the issues are understandable, in particular the racial profiling objections; we’ve seen that issue come to roost in the White House in recent days after all. This new law however does not create racial profiling as an issue, it just in the eyes of some, perhaps rightfully so, enable it. We do not combat this problem by refusing to save lives though. If a police department is engaged in such behavior, the only way to cure it is to do so through systems and education programs within that department.

We applaud Rep. Slosberg’s persistence in this matter, it’s always sad when the injury or death of someone dear calls a person to action, it’s awesome to know that such unfortunate circumstances yield the intended results.

It’s not as if we need further information about how trauma touches so many lives in this country; it’s not as if we needed more information that not wearing seatbelts can and does cause unnecessary trauma injury and death.

The new crop of inductees into the Pro Football Hall of Fame gave us just that. As the inductees were paraded with honor at the Hall of Fame Bowl last night, there was one who was represented by his son. Derrick Thomas died as a result of trauma injury on February 8, 2000.

Thomas’ son Derrion Thomas accepted the honor for his dad Saturday during the induction ceremony and walked forward during the Hall of Fame game Sunday night as his father’s name was mentioned during the induction recognition during the pre-game induction festivities.

Derrion Thomas accepts induction into the Pro Football Hall of Fame on behalf of his father

Derrick Thomas (January 1, 1967 – February 8, 2000), nicknamed D.T., was an American football linebacker for the Kansas City Chiefs of the National Football League. He played his entire 11-year career for the Chiefs after being drafted 4th overall in the 1989 NFL Draft. Thomas, part of the class of 2009 entering the Pro Football Hall of Fame, was a premier football player throughout the 1990s and is considered one of the best pass rushers of all-time.

On January 23, 2000, Thomas’ 1999 Chevrolet Suburban went off Interstate 435 as he and two passengers were driving to Kansas City International Airport during a snowstorm, where he was going to fly to St. Louis to watch the NFC Championship game; police reports indicate that Thomas, who was driving, was speeding and weaving through traffic at the time of the accident. Thomas and one of the passengers were not wearing seat belts and both were thrown from the car; the passenger was killed instantly. The second passenger, who was wearing his safety belt, walked away from the scene uninjured. Thomas was left paralyzed from the chest down. He died on February 8, 2000, in Miami, of a pulmonary embolism, a massive blood clot that developed in his paralyzed lower extremities and traveled through his venous system to his lungs.

So as to not loose the outcome of this accident, two in the SUV were not wearing seat belts, one died instantly and one weeks after; the one person wearing seat belts walked away from that vehicle.

No exhaustive research was done on the cause of death for all in the Pro Football Hall of Fame who are no longer with us to determine if there are other victims of trauma related death in the Hall of Fame, one thing’s for sure, there is now.

This ought to be one of those teachable moments, especially for parents, and especially to all kids who are approaching driving age or are now driving.

I could go on and on about how people should know better, I think one of the circumstances in the aftermath speak more clearly on the matter:

After the accident, a Missouri highway patrolman said he noticed that more drivers were wearing seat belts. His mother established MomstoMoms58, which sought to educate the public about seat belt safety. The lesson was not lost on [Kansas City Chief’s Head Coach Marty] Schottenheimer.

“I never wore a seat belt,” he said. “I always said cynically that I didn’t want to be trapped in the wreckage.

“But from that day on, I have used a seat belt without fail.”

A simple lesson taught in the most tragic of terms. A lesson we should all learn.

Traumatic Brain Injury (TBI) is a leading cause of trauma death in the nation and largely falls underneath the radar with respect to cause of death as does trauma in general. Even though the wars in Iraq and Afghanistan have helped shed even more light on the problem, there still is little discussion or news on the matter, even though war, and in particular these wars have brought many advances in the treatment of trauma. The sad thing is trauma research barely exists as trauma continues to be the least funded in terms of research of all the major diseases.

In terms of TBI, there is some good news on the research front however. There are several Universities and private biomed firms that are doing extensive stem cell research in this arena.

While all research is still in the clinical phase, there have been great strides made in understanding brain injury, how the brain becomes its own worst enemy after injury and what can be done through stem cells to prevent the brain from damaging itself after injury.

Currently most post-injury treatment focuses on relieving pressure on the brain at the earliest possible stage after the injury. This is preventative in terms of keeping the brain from further damaging itself. There are hypothermic treatments being looked at where they bring core body temperatures down significantly to slow the body to the point that it is unable to cause further damage to the brain through swelling, but that therapy is still in the testing phase.

Researches are finding an amazing resilience in the brain’s own ability to regenerate neural tissues, enter the many stem cell research efforts

At the University of Texas Medical School at Houston, in collaboration with the Memorial Hermann Children’s Hospital, researchers are designing a clinical trial for the treatment of children suffering from TBI. The children will be treated with stem cells derived from their own bone marrow, which offers a promising form of treatment. According to Dr. Charles Cox, professor of pediatric surgery and trauma.

TBI is the main cause of death and disability among children, as studies have shown that 15 to 25% of all children who suffer severe TBI die, and survivors of even moderate TBI often suffer lifelong disability. Approved by the U.S. Food and Drug Administration (FDA) and the university’s Committee for the Protection of Human Subjects, the clinical trial is an extension of previous laboratory and animal research which has indicated that bone-marrow-derived stem cells automatically migrate to an injured area of the brain where they differentiate into new neurons and supporting cells that induce the repair and regeneration of damaged tissue. According to Dr. James Baumgartner, associate professor of pediatric neurosurgery and co-principal investigator of the trial.

In the first phase of the clinical trial, bone marrow will be taken from each child’s hip, used to process 2 types of stem cells (mesenchymal and hematopoietic) the former help to form neutrons, the latter are necessary for the formation of blood.

In a separate study conducted by Dr. McIntosh, in collaboration with researchers in Sweden and Spain, animal models revealed new information about the role of the enzyme known as “nerve growth factor” (NGF) in the regeneration of neural tissue. Dr. McIntosh used two different types of cultures of the same progenitor cells, one of which had not been altered (known as “naive” cells), while the other had been transfected with a gene to produce NGF. Although both types of cells demonstrated a strong capacity for regenerating brain tissue and function, those cells that had been transfected to produced the NGF were also found to protect against further damage throughout the brain. Such findings would seem to indicate that NGF induces brain cells to produce more antioxidant enzymes which scavenge the free radicals that are involved in triggering apoptosis, which causes much of the secondary damage that results from TBI in the days and weeks following the injury.

The University of Pennsylvania houses the nation’s first hospital (built in 1751), the first medical school (established in 1765), and the first university teaching hospital (1874). Now scientists at the University of Pennsylvania School of Medicine are leading the field of neural stem cell research in the treatment of TBI. Led by Dr. Tracy McIntosh, professor of neurosurgery at the University of Pennsylvania, researchers have demonstrated in animal models that neural stem cells which are cultured in the laboratory and then transplanted into injured brains will proliferate and improve brain function. According to Dr. McIntosh,

“Transplantation of neural stem cells in mice three days after brain injury promotes the improvement of specific components of motor function. More importantly, these stem cells respond to signals and create replacement cells: both neurons, which transmit nerve signals, and glial cells, which serve many essential supportive roles in the nervous system.”

Neural stem cells require signals from the nervous system to trigger their differentiation into neural tissue. Dr. McIntosh and his colleagues used cells that were cloned from mouse progenitor cells and grown in culture. As Dr. McIntosh explains,

“If you put these cells into normal newborn mice, they would behave exactly like normal cells. They create different neural cell types and they don’t reproduce tumorigenically. In humans, the use of similar neural stem cells would avoid the ethical dilemmas posed by fetal stem cells and the limitations seen in cultures of cloned neurons.”

The transplantation of autologous neural stem cells offers an effective therapeutic intervention in the treatment of several central nervous system diseases such as Parkinson’s and Huntington’s diseases, as well as ischemic brain injury and spinal cord injury. The research was performed in collaboration with Harvard Medical School and the University of Cologne in Germany. The findings were published in the journal Neurosurgery.

At the University of Minnesota Medical School, researchers have discovered a new population of primitive stem cells in human umbilical cord blood, which is already known to contain a rich supply of the hematopoietic stem cells that differentiate into blood cells. The newly discovered primitive stem cells, however, show properties of greater pluripotency and were successful in improving neurological function after traumatic injury in animal models. Not only did the stem cells regenerate damaged neurons, but they also induced the reorganization of the neurons, thereby contributing to the restoration of function. According to Dr. Walter Low, professor of neurosurgery at the Stem Cell Institute at the University of Minnesota,

“We are excited by this discovery because it provides additional insight into how stem cells can restore function in the brain after injury.”

Findings were published in the journal Stem Cells and Development.

There are other studies in place as well that are showing promise. The good news is that we are largely moving past the problems and the debate of fetal stem cells, which can only speed development.

TBI Injury Prevention

For children and adults alike, the biggest thing you can do to prevent brain injury is to always wear a helmet when biking, roller blading, skate boarding, any activity that requires human power and wheels, helmets should always be warn. Helmets should also always be worn as well. There is an important distinction between the two. Bike helmets are engineered differently and you should never wear a bike helmet on a motorcycle or a motorcycle helmet on a bike or other human powered wheeled devices.

This is one safety item you do not want to just grab off ebay or amazon. You need first to engage the sales person on the quality of the helmet and you must check it carefully for fit and make sure there are no comfort issues with the strap. Helmets left unstrapped might help a little with sun exposure, but they are of no use in preventing injury, so always wear the strap.

Educate your children on the importance of always wearing helmets and make sure they understand that the chin strap must always be secured properly. Work with them in putting on their helmets until they fully understand how to secure the chin strap and how very important it is to always do so, and always leave it secured.

The second thing you can do is to buy a car with a good side airbag system. Studies show that side impact collisions are one of the leading cause of traumatic brain injury in motor vehicle crashes. The other major cause of TBI injury is being ejected from a vehicle in a crash—ALWAYS wear your seat belts!

We just got done posting an article about a trauma center reopening, and the importance of trauma systems, this is what it’s really all about.

Florida has a very well formed trauma system. In Miami/Dade, there is only one level 1 trauma center, the world renowned Ryder Trauma Center. Ryder is the only free standing trauma center in the nation—that is; its one building dedicated solely to trauma care. This story shows how amazing proper triage and a top notch trauma system can be.

On Tuesday August 18th, a Miami police officer traveling the Don Schula parkway lost control of his vehicle. As his patrol car left the highway, it struck a construction sign. One of the support poles from that sign entered the vehicle on the passenger side, went through the officer’s leg and exited went through the windshield. Impalement injuries are among the most complicated to deal with on scene.

Because of the training Miami/Dade fire/rescue received, especially in terms of triage, it was determined that a surgeon was absolutely required on scene. You can’t just pull someone out of a car that has been impaled by a long pole.

Doctor Luis Pizano, a trauma surgeon with Jackson Memorial’s Ryder Trauma Center, was airlifted to the accident site to see what could be done.

“In all it took over an hour and a half for firefighters to extricate the officer and for the surgeon on scene to surgically remove the post from the officer’s leg.” said Miami-Dade Fire Rescue spokesman Lt. Arnold Piedrahita Jr.

“The hardest part about this is to try not to inflict further pain on the patient while you’re trying to extract them from the site,” said Dr. Pizano, who’s been in practice for nine years.

Pizano said he gave Rodriguez some medication for the pain, but not too much since he needed to talk to him while he and the firefighters were working.

“It’s a fine line between keeping them stable while controlling the blood loss, and giving them pain medications, but not so much that it stops their breathing or hinders their vital signs,” said Pizano. “We’re in constant communication with the patient. Because of the amount of pain their in, we can give them pain medication, but still have them alert and able to speak to us.”

The very fact that made this all possible was both the fact that Miami/Dade has a solid chopper fleet, and that Ryder has a helipad on their roof, making it quick and easy to ferry the surgeon to the scene, just a 4 floor elevator ride and a walk to the chopper’s door..

Most take systems like this for granted until they actually need them. This is a stunning example that everyone in South Florida should be thankful they have such an excellent trauma system. That this accident happened to a police officer makes it all the more harrowing, but the trauma system would be there for a drunk driver in the same situation, it makes no difference when it comes to saving lives.

Here’s a news video of the incident:

We all slow down at the sight of bad accidents, the more horrific, the longer we watch. We all need to put some thought, and thanks to the brave men and women who make this all happen, it does not take place in a vacuum!

The faces of courage, the faces of heroes; this is something that most of us don’t fully understand. What is courage? Who is a hero? The Latter is a bit easier to define. Yet across this nation, there is a legion of heroes who rarely get any recognition. Really, survivors of anything truly life altering fall into that category.

What about courage? Normally we define that term and consider people courageous based on the thinkable, not the unthinkable, yet it’s in the unthinkable where courage lies. Pound for pound, trauma survivors have more courage than the average person would ever want to have. After all, courage is something used to “face” something, is it not? Like the first time a boy asks a girl out, or to the prom or for her hand in marriage. That is not extraordinary courage though.

Perhaps the country’s most famous trauma survivor is Kimberly Dozier; a woman for whom courage has kind of been her middle name since I saw her first on the news. She always took the assignments that put her harms way; if there was a war zone, she was in it. I became enamored by her and in a sense glued to her as she as the CBS News’ main correspondent for the war in Iraq. I was drawn to her courage. She had to know in the back of her head that what she was doing could end badly.

On Memorial Day 2006 it did. I’m not even going to give any of the details, because she owns them. It’s her story. Every trauma survivor has a story, few ever get to tell it, and since the dawn of man, no one has ever told it the way Ms. Dozier has. Her book, “Breathing the Fire” is an amazing and compelling read. As a matter of promotion for her book, she went on the stump telling her amazing story.

Of all the video I’ve seen on the web of her talking about her horrific tragedy, this one is the best and most detailed I’ve found. Many will not be able to listen to this, many simply don’t have the courage even to listen to some of the incredible challenges she faced in the blink of an eye. Yet trauma survivors find snippets and patterns of thinking that they too face and deal with.

So without further delay, I submit to you, a video that for me, speaks of what courage really is all about…

The second half is more “normal” dialog, an interesting Q & A but the first half is riveting for those that have the guts to listen.