National DUI Report for the week ending Sept. 12, 2009
Our weekly article showcasing the worst DUI examples in the news this week. We also put some legal type articles in related to drunk driving this week to show interesting legislative and other legal situations of interest.. It’s our commitment to continue to be a central place where folks interested in the toll drunk driving takes on this country can do so on a weekly basis. This is not a feed, all articles are hand picked and formatted for easy quick reads.
Drunk driving killer of Tap Out’s Mask pleads no contest
The drunk driver Jeffrey David Kirby, the killer of Tapout’s Charles “Mask” Lewis in a drunk-driving accident this past spring, pleaded No Contest late last week the judge refused to give Kirby a reduced sentence in exchange for pleading guilty to vehicular manslaughter. The prosecutors are seeking an 18-year sentence for Kirby, who has two prior convictions for drunk driving and had a .13 blood/alcohol level hours after the crash that killed Mask. Attorney for the defendant Baez insisted that Kirby was to blame for the crash because he lost control of his Porsche while driving drunk at speeds approaching 100 mph and clipped Lewis’ Ferrari, sending it spinning to disaster.
Teen Faces New Charges In Fatal Easter Accident
CORPUS CHRISTI [TX] — Police and the district attorney’s office are pursuing new charges against a local teen who was involved in an accident Easter Sunday that left an 8-year-old girl dead. The care accident in April happened on SPID at the Paul Jones overpass. A vehicle driven by 17-year-old John Tatum hit an SUV carrying Bryanna Rosales, 8. Rosales, who was not properly restrained, was thrown from the SUV and was fatally injured. Tatum was originally facing an intoxication manslaughter charge but blood tests showed he wasn’t intoxicated when the accident happened. The Corpus Christi Police Department and the district attorney’s office have come to the conclusion that Tatum was not drinking or doing drugs the night of the fatal accident.
Drunken driver pleads guilty
Fabian Maduena, a 21-year-old man from Hollister Calif. who killed a 41-year-old Goleta woman after rear-ending the car she was riding in last March, pleaded guilty yesterday to vehicular manslaughter and will spend the next 21 years in prison. In addition to the vehicular manslaughter charge, Maduena pleaded guilty to possession of marijuana for sale, driving on a suspended license, driving without insurance and two special allegations, including leaving the scene of an accident after causing injury and fleeing from police officers. Maduena’s 21-year prison sentence, which he agreed to as part of a plea deal, will be officially handed down on Oct. 8. Senior Deputy District Attorney Joyce Dudley, the prosecutor in the case, said the family of the victim, Rosario Silvestre, agreed with the conditions of the plea, which allow Maduena to be released after serving half of his sentence.
Man charged in 2006 DUI manslaughter case
MARIANNA [FL] — The State Attorney’s Office has filed DUI manslaughter charges against a 21-year-old in a 2006 Jackson County case. William C. Barnes, 69, of Marianna, died after his truck collided with a car driven by Adam Brandon Jablonski, 19, of Tampa, on Sept. 26, 2006, according to court records. Jablonski was traveling north on County 167 when his vehicle crossed into the southbound lane, the Florida Highway Patrol reported. Jablonski’s 1995 four-door Buick collided with Barnes’ 1987 Chevrolet truck. Barnes was not wearing a seat belt, officials reported. Late last month, the State Attorney’s Office charged Jablonski with DUI manslaughter. Jablonski turned himself in earlier this week and was released on his own recognizance after a first appearance hearing Wednesday. State Attorney Glenn Hess said his office in Jackson County is working through several cases that have been lingering for years. “Basically, when we took over the Jackson County office, we found a number of cases that were in a pending status,” Hess said. “Our first priority was to deal with the dozen or so homicides. Then we moved into the other cases.”
Suspect In Fatal DUI Surrenders After Escaping From Hospital
GAINESVILLE, Ga. — A vehicular homicide suspect who fled from a Gainesville hospital after being charged with causing a deadly crash was back in jail Wednesday. Georgia State Patrol spokesman Lt. Paul Cosper said Tuesday that 46-year-old Dawn Satterfield was charged with nine counts, including DUI with drugs, vehicular homicide and escape. Police said the Gainesville woman was involved in a crash that killed 58-year-old Guadalupe Hernandez Vasquez on Saturday night. Cosper said Satterfield fled from the crash but later returned. Police detained her and transported her to the Northeast Georgia Medical Center. Cosper said police put a hold on her through hospital security but when they returned to check on her they discovered she had walked away from the hospital and was gone. Hospital officials said police did not complete the paperwork needed to place a hold on the patient. Satterfield left the hospital at 4:50 a.m. — before she even received medical treatment, according to hospital officials. “She just left. She left against medical advice,” hospital spokeswoman Cathy Bowers said. Satterfield surrendered to police, according to her neighbors. She is in jail with no bond.
Beaches man charged with DUI; cyclist he hit clings to life
From locker rooms to church halls, Jim Messinese nudged people to do more than they thought they could. Now, family and friends are praying the 77-year-old retired coach can do the one thing that seems overwhelmingly hard now: live. “We’re looking for a miracle healing,” said Eric Jackson, son-in-law of the man whose Saturday morning bike ride in Atlantic Beach ended in a collision with an SUV and trailer operated by a suspected drunk driver. “He went through nine hours of brain surgery. He had head trauma really bad,” Jackson said. “He’s in intensive care. We’re all praying.” Messinese remained in critical condition Tuesday at Shands Jacksonville. The SUV driver, 41-year-old William Scott Adams of Atlantic Beach, remained in the Duval County jail in lieu of a $250,000 bail while he faces charges of DUI and driving on a suspended license.
Are DUI Field Sobriety Tests Designed for Failure?
LOS ANGELES, Sept. 9 /PRNewswire/ — Roadside “field sobriety tests” are commonly used by police officers in DUI investigations to determine whether a driver is under the influence of alcohol. Typically, they consist of a battery of 3–4 tasks, such as walk-and-turn, one-leg-stand, finger-to-nose, or nystagmus (“follow the pencil with your eyes”). Los Angeles DUI lawyer Lawrence Taylor, author of the best-selling legal treatise Drunk Driving Defense, argues that although these DUI tests have an aura of scientific credibility to a jury, they have no real basis in science and are almost useless in determining intoxication. First, Taylor says, any honest officer will admit that the decision to arrest for DUI is usually made at the driver’s window. Since the officer has already made up his mind, his subjective decision as to whether a person passed or failed the tests is suspect: as with any human, he will “see” what he expects to see. Second, the conditions under which field sobriety tests are taken almost guarantee failure: usually late at night, possibly cold, along a graveled or sloped roadside, cars passing a few feet away with bright headlights and buffeting the suspect with wind waves, the officer’s moving flashlight and his patrol car’s blinding headlights providing the lighting. Add the fact that the DUI suspect is nervous, possibly frightened and completely unfamiliar with the tests. Taylor, known nationally as the “Dean of DUI Attorneys”, points to a scientific study to argue that even under ideal conditions the tests are “designed for failure”.
Cop charged with DUI resigns
James Stoudenmire, 27, resigned in lieu of being terminated, Gwinnett Police spokesman Cpl. David Schiralli said. “Members of this police department who are involved in incidents which reflect poorly on the department, will not be tolerated,” Chief Charles Walters said in a statement. “We not only owe it to the citizens of this county, but to ourselves to set the highest standards possible in professionalism.” Police said Stoudenmire was off-duty Saturday morning when he was involved in a traffic crash on Pleasant Hill Road near Interstate 85 after leaving Wild Bill’s. Investigators said Stoudenmire was driving a 2006 Ford Mustang when he rear-ended a 1999 tan Mazda that was stopped at a traffic light. Stoudenmire’s fellow officers responded to the crash and determined he was intoxicated, police said. Stoudenmire was arrested and taken to the Gwinnett jail on charges of DUI and following too close. He has since been released on a $1,557 bond.
DUI suspect blames dog for rollover crash
NAPLES: It’s the dog’s fault! That’s what a Collier County man accused of DUI told police after his SUV crashed in Naples on Monday night. Authorities, however, aren’t buying it. They say Jonathan Tuttle, 44, was driving drunk when he flipped a 1996 Ford Explorer in the 6000 block of Goodlatte-Frank Road around 10:20 p.m. Tuttle, executive director of the Collier County Education Association, says he was traveling northbound when a dog standing in the road caused him to swerve right and hit the concrete shoulder, according to a police report. Police say the vehicle then veered left across three lanes, rotated 180 degrees, hit the median and rolled onto its side. During the investigation, an officer noticed Tuttle had bloodshot eyes and smelled of alcohol, the report said. Authorities say Tuttle refused a breathalyzer test and failed field sobriety tests. He was arrested and taken to the Naples Jail Center. He was charged with DUI 2nd offense within five years and DUI causing damage to property or person of another. Criminal records show Tuttle was convicted of DUI in 2007, according to the report.
Mother with kids caught up in DWI sweep
This year’s Labor Day weekend sweep of drunken or drug-impaired drivers resulted in 28 arrests, the same number as last year’s effort. But the arrest that jumped out for Albany County [NY] Sheriff Jim Campbell was that of a mother who had two children in the car when stopped in Colonie. Robin Ann Greene, 48, of Jules Drive, Colonie, was charged with driving while intoxicated and endangering the welfare of a child, both misdemeanors. She had a blood-alcohol content of 0.11 percent, according to Colonie police Lt. Ken Pero, who heads the department’s Traffic Safety Unit. Greene was stopped Saturday at 2:15 a.m. on Marriner Avenue during a patrol car participating in the blanket patrol, not far from her home, he said. The ages of the children were not available, but they were minors under 16, Pero said. Greene is scheduled to appear Sept. 14 in Colonie Justice Court.
Quebec drunk driver could be imprisoned 20 years
A Quebec man who has been convicted on numerous drunk-driving charges will face 20 years in prison if a judge makes legal history and labels him a dangerous offender, according to a legal analyst. Last December, Roger Walsh pleaded guilty to an impaired-driving charge — his 19th — after he struck and killed 47-year-old Anee Khudaverdian in October. The wheelchair-bound woman was out with her dog on what was her 47th birthday when she was struck by Walsh’s minivan and thrown into a ditch. Walsh was arrested nearly 10 kilometres away when he crashed into a ditch. His blood alcohol level was more than double the legal limit of .08.
Study: Drinking and Driving Stats Down in Maryland
ROCKVILLE, Md. — A revealing new report is providing new insight into two dangerous actions people take while behind the wheel. Research shows the number of drivers who admitted to drinking and driving fell from 13 percent to seven and-a-half percent since 2003. But during the same period of time, cell phone usage went up significantly. When it comes to being careful and conscientious, Maryland drivers are sending out mixed signals. A new study shows that people say they’re drinking and driving less in the state. essica Shniderman says her stepmother’s sister was killed by a drunk driver. “Well they may be going down but we need to like reach a point in time when it will be null and void — no more,” she said. Caroline Cash is with Mothers Against Drunk Driving in Maryland. “To see that people are taking the issue seriously and perhaps changing their behavior is encouraging,” she said. For Cash, the most encouraging news from the study comes from data showing strong public support for harsher penalties for first-time offenders — including ignition interlocks — a technology she says is saving lives.
Jury selection begins in Fierro case
SANTA FE [NM] — While the drunken-driving trial for Santa Fe attorney Carlos Fierro doesn’t begin until Sept. 21, jury selection in the case began Tuesday. Fierro is accused of driving drunk, hitting and killing pedestrian William Tenorio last November, and fleeing the scene. He has pleaded not guilty to the charges. Former state police officer Alfred Lovato, who was a passenger in the car, is charged with vehicular homicide.
Wilton man pleads not guilty to manslaughter
WILTON [CT] — A Wilton man involved in a fatal crash on Ridgefield Road pleaded not guilty Tuesday to manslaughter. According to police, Gregory Dionisio, 21, of 221 Catalpa Road, was traveling northbound on Ridgefield Road at 7:28 a.m. on July 5 and crashed into 50-year-old Wilton resident Thomas Fleming, throwing him from his motorcycle. Both Dionisio and Fleming were transported to Norwalk Hospital, where Fleming “succumbed to his injuries shortly after arriving,” according to police reports. The grey 1989 Chevrolet Cavalier convertible driven by Dionisio was on the wrong side of the road at the time of the accident, according to police reports. Dionisio, who turned himself in on Aug. 27 after learning there was a warrant for his arrest, was charged with manslaughter with a motor vehicle in the second degree while intoxicated, driving under the influence of alcohol and/or drugs, failure to drive right on a curve and failure to wear a seatbelt. The affidavit states that toxicology test results show the 21-year-old had a blood alcohol content level of .09 percent and tested positive for THC — the main psycoactive drug in marijuana — cocaine and ecstasy.
Lake Worth driver charged with vehicular homicide
LAKE WORTH [FL] — The driver of a car that crashed into a pole killing two and seriously injuring another person in Lake Worth was charged Tuesday with two counts of vehicular homicide, according to the Palm Beach County Sheriff’s Office. The single-car accident occurred after midnight Sept. 4 in the 2100 block of Sixth Avenue South. Antonio Flores, 24, was driving the gold 2000 Saturn where Fredy Perez, 32, and Fredy Adin Gonzalez Lucas, 37, perished. Abel Campos, 22, was seriously injured in the accident. Flores, who sustained serious injuries, was also charged with driving without a license, according to a police affidavit. Investigators found that Flores lost control of the car as he was driving east on Sixth Avenue South and eventually struck a concrete utility pole. Flores admitted to authorities that he had been drinking and using cocaine earlier that evening. Blood results are also being analyzed and charges of DUI manslaughter and DUI serious bodily injury are still pending. Copyright © 2009, South Florida Sun-Sentinel
Nampa collision kills motorcyclist
NAMPA — A Caldwell man died in an early morning crash Tuesday, and a 19-year-old Nampan is behind bars, charged with the man’s death. Larry Crawford, 51, of Caldwell, died instantly after a car headed south on Midway Road ran a stop sign and hit his motorcycle as he traveled east on Karcher Road (Highway 55) about 3:51 a.m. Canyon County Paramedics arrived and pronounced Crawford dead at the scene. Nampa Fire Department arrived and extinguished the fire. When officers arrived on scene, they found the motorcycle in flames and found Crawford underneath the car. The car’s four occupants fled the area, police said. Officials charged the car’s driver, 19-year-old Zachary Crue Santoro of Nampa, with felony vehicular manslaughter with gross negligence. No charges were filed against the other three people in the car Tuesday, but police say additional charges may be filed pending the results of blood, alcohol and toxicology reports.
State Patrol makes 296 DUI arrests during the holiday weekend
[WA] State Patrol troopers made 296 DUI arrests this holiday weekend, compared with 292 during the same period in 2008, according to preliminary figures released this morning. There were three fatalities during the Labor Day weekend, compared with four fatalities in 2008. The fatalities were in King, Skagit and Okanogan counties. According to the State Patrol, motorists alerted troopers to 44 suspected drunken drivers by placing 911 calls. When the troopers stopped the vehicles, 19 drivers were arrested on suspicion of DUI after drinking alcohol, one was a suspected DUI after taking drugs, one was arrested on a warrant, and four were written tickets for traffic infractions.
Cary woman charged with DUI in rollover crash
A 19-year-old Cary woman is facing a pair of felony drunken driving charges in connection with a rollover crash that left a teenage friend with five back fractures, authorities said Tuesday. Kaylee M. Smith, of first block of Lakewood Drive, is charged with two counts of aggravated DUI stemming from the one-vehicle crash near Wonder Lake early Friday that also injured her and another passenger. After receiving treatment for her injuries, Smith was taken to the McHenry County jail where she remained Tuesday, unable to post a $75,000 bond. She is scheduled to appear in court Friday on the Class 4 felony charges. McHenry County Sheriff’s police said the crash occurred about 5:53 a.m. Friday when Smith was driving her 1999 Dodge Durango north in the 7800 block of Barnard Mill Road. The vehicle veered off the roadway to the right, hit a culvert, became airborne and struck a utility pole, sheriff’s police said. The SUV then hit the ground and rolled over, eventually coming to a rest in a field alongside the road.
More than 1,100 arrested in Arizona anti-DUI effort
More than 1,100 arrests were made during a statewide DUI task force that wrapped up Monday, according to the Governor’s Office of Highway Safety. The 18-day task force began Aug. 21 and resulted in 1,136 arrests for suspicion of DUI, including 49 on Monday, according to a news release issued by the state agency. About 34 percent arrests made during the task force for were suspicion of extreme DUI, which means the person’s blood-alcohol content was 0.15 or higher, the release said. The legal limit in Arizona is 0.08. Additionally, 375 citations were issued for underage consumption of alcohol, and another 185 DUI drug citations were issued, the release said.
Man Arrested for DUI Twice in One Day
MESA — Getting busted for DUI even once is bad — but twice in one day? Mesa Police say Joseph Cummings was first stopped by sheriff’s deputies Monday at 3:30 p.m. His blood alcohol level was more than twice the legal limit. Deputies wrote the first-time offender a ticket, and dropped him off a few miles from where his car was being towed. But he didn’t wait for the tow truck. Instead, Cummings apparently got back in the drivers seat and was stopped less than two hours later, driving through the Labor Day checkpoint on I-202 and Power Rd in Mesa. Police say he blew through the checkpoint, leading police on a pursuit at speeds reaching 120 miles per hour. When he was finally caught, officers took Cummings straight to jail. Cummings was booked on charges of unlawful flight from a law enforcement vehicle, endangerment, and two misdemeanor counts of DU
DUI victims make impact with stories
…The program is part of the Pennsylvania Alcohol Highway Safety School, a court-ordered program that is attended by first and second time offenders sentenced for driving under the influence crimes. In collaboration with Mothers Against Drunk Driving, adult probation departments and victim witness programs, the panel has been offered four times so far in Clearfield County at no cost to the county. According to Noell Gilson of the Clearfield County Probation Department, the panel “gives victims the opportunity to speak on how they’ve been affected by DUI. It’s a healthy tool for victims.”
Crystal Lake man gets jail, probation for 2007 DUI crash
A Crystal Lake man whose drunken driving was blamed for a 2007 crash that injured himself and a passenger was sentenced Tuesday to six months in jail. Ryan J. Uding, 29, of the 8800 block of Alto Vista Lane, also must spend two years on probation, pay a $1,000 fine and perform 200 hours of community service under a sentence handed down by McHenry County Judge Sharon Prather for his aggravated DUI conviction. Authorities said Uding was driving with a blood-alcohol content of 0.257 percent — more than three times the legal limit — on Feb. 3, 2007, when his car skidded off the 2300 block of Crystal Lake Road in Nunda Township, struck a tree and started on fire. Passing motorists pulled Uding and his passenger, a 22-year-old Crystal Lake woman, from the burning vehicle and both were taken to a hospital for treatment of injuries. Uding was charged with felony DUI because, at the time of the crash, he already had two prior DUIs, in 2002 and 2003.
‘David’s Law’ to honor victims
Signs would memorialize people killed in drunken-driving accidents
…Coordinating with the statewide crackdown on drunken driving in August and September, MoDOT introduced “David’s Law,” a piece of legislation that will allow families and friends of people killed in drunken-driving accidents to memorialize them with a sign that will be placed near the crash site. The blue signs, named after drunken-driving accident victim David Poenicke, state “Drunk Driving Victim!” with the person’s initials and, at the bottom, “Think About It!” Bud Balky, Missouri director of court monitoring for Mothers Against Drunk Driving, said it’s an effective piece of legislation the group is supporting fully. “We hear from people that those crosses they see on the road definitely make an impact on them,” he said. “This is much larger, much more visible to the public.” MADD Buchanan County coordinator Larry McDowell said he sees the sign as a reminder of the potential outcome of drunken driving, but not necessarily a prevention method.
Grand Island man faces motor vehicle homicide charge
A Grand Island man has been charged with felony motor vehicle homicide for a crash that killed his wife. Lonnie L. McIntosh, 54, of 303 E. 16th St., has been charged in Hall County Court for the July 3 crash. His wife, Vera McIntosh, 53, died on July 15 at BryanLGH Medical Center West in Lincoln. According to her obituary, the couple married on June 26, 1999, in Loup City. The accident occurred at about 8 p.m. near the intersection of South Locust and Cedarview Road. Lonnie McIntosh lost control of his northbound Harley-Davidson motorcycle and slid into the west ditch, according to an accident report from the Nebraska State Patrol. Both people were believed to be wearing helmets at the time of the accident, according to the patrol. The patrol’s report also
Fawcett gets 13 years in bus driver manslaughter
PRESCOTT [AZ] — Josiah David Fawcett got nearly 13 years behind bars for the mid-December death of school bus driver Ronald E. Pogoda. Judge Thomas Lindberg sentenced Fawcett to 12.75 years in prison for manslaughter and endangerment, according to a Thursday press release from County Attorney Sheila Polk’s office. Fawcett also got three years probation and Lindberg ordered him to pay nearly $48,000 in restitution and DUI fines and fees. Pogoda was a bus driver for Orme School. Fawcett was trying to flee Prescott Valley police in a Dodge Dakota pick-up on Dec. 10, 2008. After running a stop sign, Fawcett, 24, also of Prescott Valley, plowed into the passenger side of the SUV Pagoda was driving at the intersection of Fain and Robert Roads and Highway 89A, according to police. Just before the accident, an officer saw Fawcett speeding and driving recklessly and began chasing him, trying to make a traffic stop after they turned onto Robert Road. Fawcett sped up and a department sergeant ordered the officer to stop the chase. The officer shut down his lights and siren and followed Fawcett at a slower speed. Fawcett broadsided Pogoda’s vehicle after swerving to miss a motorcycle. Helicopters flew Pogoda and Fawcett to Phoenix hospitals, where Pogoda later died.
No plea deal for man charged in crash that caused the death of Charles “Mask” Lewis
Jeffrey David Kirby of Costa Mesa, CA, was denied a deal to plea guilty to a lesser charge of vehicular manslaughter in the March 11th car crash that killed TapouT founder and now UFC Hall of Famer Charles “Mask” Lewis, according to a report from the OC Register. Kirby is charged with four felonies, including vehicular manslaughter and felony hit-and-run, and is currently being held on $500,000 bail. Kirby had previous convictions for drunken driving in 1985 and 2002, and had a .13 blood alcohol content level following a high speed crash that sent Lewis’ Ferrari into a pole, sending his passenger, and girlfriend, flying from the vehicle and killing him almost instantly. There are conflicting stories on what happened that night, with the prosecution claiming Kirby lost control of his Porsche at nearly 100 mph while drunk, clipping the Ferrari leading to the crash. The defense claims it was Lewis driving that speed and coming along Kirby’s vehicle, leading to the crash.
Labor Day Protest: Citizens Protest Police DUI Checkpoints
After working a very long day, I ran into this definitely unusual protest in the city of Moreno Valley, CA. Moreno Valley is a suburb of Los Angeles about 60 miles to the east. The city has a large Hispanic population, and they feel they are being targeted in these operations. On each side of the Holiday DUI Checkpoint at 9:PM Thursday 9/3/09, the protesters held signs — In Espanol — That said “Return (Go Back) — Police Checkpoint”. I interviewed some of the younger adults, and the older people on the other side…They were extremely angry, but they did not want to speak on camera. They feel the checkpoints are just a ruse to conduct searches, and arrest Hispanics…
Naval Base San Diego Implements ‘No DUI’ Signs Concept from Great Lakes
SAN DIEGO [CA] (NNS) — Naval Station Great Lakes’ (NSGL) campaign to curb drinking and driving incidents inspired the commanding officer of Naval Base San Diego (NBSD) to adopt the same concept. Throughout NSGL, “No DUI” signs are posted in several locations on the base. “At first, I saw them and continued on. Then one day it hit me, they were posted at every exit, anywhere alcohol was available and any recreational spot. It made me realize that these signs, although simple, made a huge impact,” remarked Capt. Rick Williamson, commanding officer, NBSD. When Williamson returned to San Diego, he shared the idea with Chief Mass Communication (SW/AW) Wilda Duncan, NBSD’s Drug and Alcohol Program Advisor (DAPA). She immediately got in touch with her counterparts at NSGL and was introduced to Task Force DUI.
County wants DUI convicts to pay for jail stay
If Pima County [AZ] officials have their way, more convicted drunken drivers will soon have to pay for the privilege of eating and sleeping at the county’s Adult Detention Center. Jail officials recently met with judges and top prosecutors to remind them that they have the authority to make convicted drunken drivers reimburse counties for the cost of locking them up — which the jail officials want them to do. Although the law has been on the books since 1997, and prosecutors include it in plea agreements, judges have not been consistently imposing the fee, said Jan Kearney, presiding Pima County Superior Court judge.
New video delays Jim Leyritz DUI trial
The DUI manslaughter trial of former Yankee Jim Leyritz was postponed by a judge after a videotape surfaced that calls the time of the crash into question. Judge Marc Gold agreed Friday to delay the trial until December or January. The video shows the victim, Fredia Ann Veitch, 30, driving past a surveillance camera in Fort Lauderdale at 3:08 a.m. — 10 minutes before prosecutors believed the accident occurred. Leyritz’s lawyer, David Bogenschutz, said the evidence “changes everything.” Prosecutors said Leyritz was drunk and ran a red light in downtown Fort Lauderdale at about 3:19 a.m. on Dec. 28, 2007, killing the mother of two.
Driver of Crash That Killed Pregnant Woman Pleads Guilty
Frank Tregoning, who flipped his sports car last year, killing a pregnant woman, plead guilty Friday to one count of Criminal Vehicular Homicide and two counts of Criminal Vehicular Operation. The accident occurred on August 21, 2008 at 11:30 p.m. Upon arrival, the State Patrol found Tregoning’s vehicle overturned approximately 75 feet from I-94 in Rogers. Two females were passengers in Tregoning’s vehicle, including 22-year-old Jaime Baer. Baer had to be airlifted to North Memorial Hospital and an emergency caesarian section had to be performed after medical personnel discovered she was pregnant. Baer later died from complications of the crash on September 15, 2008. Earlier this year, authorities revealed that Baer sent a text message seconds before the crash, writing, “I’m going 160 with a drunk driver — going to die.” Although Baer died, her baby did survive, but was not due until December. That baby continues to suffer complications from the premature birth, including a cranial deformity and a deformed upper palate. The other passenger in the crash survived as well, but also had complications resulting from the crash, including seizures and post traumatic stress disorder.
Suffolk Man Gets 3 1/2–10 For Vehicular Homicide
SUFFOLK COUNTY [NY]—Despite the prosecution’s sentencing recommendation for the maximum sentence of 8 and one-third to 25 years imprisonment for a Suffolk County man charged with a fatal hit and run that killed a Valley Stream woman, a Suffolk judge sentenced Douglas Davis of Centerport to 3 and one-half to 10 years in state prison. Davis, 45, was going north on Route 110 in Melville on Jan. 24 when his pickup rear– ended a Nissan 200SX driven by Melissa Scherr. The force of the collision pushed her car into a utility pole and Scherr, 25, died of her injuries a short time later at a local hospital. When Davis fled the accident scene a volunteer firefighter followed him to Greenlawn, where police apprehended him on Hofstra Drive. The defendant pleaded guilty before Judge Gary Weber to aggravated vehicular homicide, manslaughter, aggravated driving while intoxicated, leaving the scene of an accident and speeding.
Man dies in Highway 49 wreck
A Valley Springs [CA] man faces vehicular manslaughter charges after a fatal crash Friday night allegedly involving alcohol, the California Highway Patrol reported. The accident, reported at 11:15 p.m., occurred on Highway 49 north of Rawhide Road. The driver of the car, identified as Trevor Larson, 19, of Valley Springs, was heading south on 49 when he lost control of the 1999 Volkswagen Jetta and crashed it through three fences, CHP said. He was exceeding the posted speed limit of 55 mph, CHP said. The car came to rest in the front yard of a private residence, CHP said. Larson attempted to drive the car out but was unsuccessful, CHP said. An unidentified passenger, 19, who was in the rear of the car, was pronounced dead at Sonora Regional Medical Center, CHP said. A second passenger, Colton McTeer, 19, of Mokelumne Hill, was not injured. Larson was taken to Sonora Regional for treatment of unspecified major injuries. He was arrested on suspicion of driving under the influence and vehicular manslaughter, CHP said.
Don’t rip off that orange bracelet before you get home…
You might need it if you’re behind the wheel after a night of drinking at Red Nightclub and Lounge (316 Northeast 72nd Street). An alert member of the Pitch Action News Team returned to HQ with this one, advertising Matthew J. Rose, attorney at law. Talk about reaching your customer base.
Coming Soon: A Breathalyzer in Every Car?
Nearly 13,000 Americans die in traffic accidents every year. Now Mothers Against Drunk Driving (MADD) is opening a new front in its war on drunk drivers, and it’s getting help from the Alliance for Automobile Manufacturers and the Insurance Institute for Highway Safety. A new highway bill pending before Congress would instruct all 50 states to require all motorists convicted of driving under the influence to equip their cars with interlock systems that shut down a vehicle when a measured amount of alcohol is detected. (See the most important cars of all time.) There are already about 150,000 interlock systems now in cars in the U.S., placed there for drivers with multiple DUI convictions. But the proposed mandate would expand the use of interlock systems exponentially; MADD’s statistics indicate that nearly 1.5 million Americans are arrested annually on DUI charges, making it the No. 1 crime for which Americans are arrested.
Labor Day: Police Out For Blood From Drunks Now Have Expanded Powers
Fort Worth — Texas breaks new ground with an expanded, mandatory blood sampling law for some suspected drunk drivers. The statute is being called the most significant drunk driving legislation in almost two decades. Police can now compel repeat offenders and others to give blood, without a warrant. Bill Lewis knows what it is like to get a horrifying call in the middle of the night about a terrible accident. 20 years ago, when his daughter was 23, she was badly injured in a head-on collision involving a repeat drunk driver. “She was in a coma for days and then intensive care for a week”, says the Argyle resident. Lewis says when his daughter and the suspect arrived at the hospital her blood was drawn and tested for alcohol, but the suspect was allowed to refuse. “He didn’t want to give the state any evidence, so he refused to give blood and they couldn’t take it”. The man was charged anyway, but officials say without blood evidence a case is always more difficult. It isn’t unusual for drunk driving suspects to refuse to give blood evidence. Officials say it happens in about 50% of cases and even more when the suspect is a repeat offender. But, under a new law that took effect this week, some drivers can no longer say no. “This is the most significant change in DWI law in 15 years”, says Tarrant County Assistant District Attorney, Richard Alpert. Alpert, who pushed for the expanded blood sampling, says it is a way to hold repeat offenders, who know how to manipulate the system, accountable. “Even in their intoxicated haze they know not to cooperate and now those people have lost their ability to refuse”.
Man gets 20 years for April vehicular homicide in crash that took place as he fled police
SHAKER HEIGHTS [OH] A Cleveland man who was involved in a police chase that began here and killed a Maple Heights woman in April was sentenced to 20 years in prison. Roderick Deal, 43, pleaded guilty to aggravated vehicular homicide, failure to comply and driving under the influence, according to the Cuyahoga County Prosecutors Office. On April 25, Deal was fleeing from police in a van when he hit Connie Burgess, 41, as she sat on her motorcycle near the intersection of Lee Road and Westview Avenue in Cleveland. He reportedly hit Burgess’ motorcycle from the back, throwing her from the bike and causing fatal injuries, the prosecutor said. Deal was involved in a chase with Shaker Heights Police, who attempted to stop him for a traffic violation near the intersection of Lee Road and Hampstead Avenue.
Impact of Boulder-area DUI enforcement hard to quantify
The DUI checkpoints and saturation patrols that Boulder police conduct every summer may fall victim to the state’s budget deficit, with Gov. Bill Ritter threatening to divert money from the Law Enforcement Assistance Fund to other needs. The impact of drunken driving enforcement is hard to measure, experts say, with DUI arrests over the summer increasing only slightly with an increase in funding from the state and with DUI-related traffic fatalities following no particular pattern. But police and anti-drunken driving activists say stepped-up enforcement raises awareness and deters people from even getting behind the wheel after drinking. “It’s impossible to deny that LEAF funding and stepped up enforcement has contributed to saving lives,” MADD Colorado Executive Director Emily Tompkins said. “There is a deterrence factor that cannot be quantified. If you take that funding away, you’ll see the result.” LEAF funding comes from fees charged to anyone convicted of an alcohol-related crime in Colorado and goes to local police departments to pay for overtime for DUI checkpoints, saturation patrols and enhanced enforcement. Saturation patrols involve as many as eight patrol officers looking for drunken drivers on a single night, while enhanced enforcement involves just a few extra officers.
DUI vehicular homicide suspect charged in separate case with assaulting police
With vehicular homicide and driving-under-the-influence charges already pending against her in a separate case, Lisa Marie Ostuni, 43, a part-time Tobyhanna resident, is now accused of public intoxication, assaulting police and endangering her son’s welfare. These new charges stem from a Friday morning incident at the Wawa store on West Main Street in Stroudsburg. Stroud Area Regional Police give the following account: At 1:15 a.m., police arrived at the Wawa for a report of a woman, later identified as Ostuni, causing a disturbance in the store. Her 13-year-old son was in her vehicle parked outside at the time. Police saw Ostuni was under the influence of something and causing a disturbance. They told her that, for her safety and the safety of others, she was not going to be allowed to drive from the scene. A state trooper arrived to test her to see if she had any medication or narcotics in her system. At that point, she became angry and started walking away from police.
Rembrandt man face vehicular homicide charge
Felony charges, including vehicular homicide, have been filed against a Rembrandt [IA] man involved in a head-on collision earlier this summer. Troopers from the Iowa State Patrol and deputies from the Buena Vista County Sheriff’s Department took 39-year-old Matthew Wrather into custody on Thursday. He was booked into the Buena Vista County Jail on charges of felony homicide by motor vehicle, felony serious injury by motor vehicle and felony child endangerment resulting in death. The charges stem from a crash at 5:55 p.m. July 26 along U.S. Highway 71 just south of the Highway 10 intersection in Buena Vista County. Wrather’s 10-year-old son, Gavin, of Orange City, was pronounced dead at the scene of the crash. Troopers say he was riding in a 2003 Cadillac driven by Matthew Wrather. The southbound Cadillac crossed the center line and went into the path of an oncoming, 2009 Chevrolet van driven by 44-year-old Anthony Borkovek of Ruthven. Investigators think the elder Wrather was intoxicated when the crash occurred.
Baby injured in suspected DUI accident
FORT MYERS [Fl]: A Fort Myers attorney was arrested for DUI after an accident sent a baby and a woman to the hospital early Friday morning. Natalie Baker, 27, is charged with one count of DUI, one count of DUI property damage and one count of DUI serious bodily injury. Deputies say she rear-ended an SUV on US-41 at Jamaica Bay Boulevard just before 1 a.m. Three adults were inside the SUV, along with a baby, a sheriff’s office report said. The baby was taken to Lee Memorial Hospital with a serious head injury and later flown to Tampa for treatment. Deputies say a woman was also taken to the hospital with a broken leg. Baker’s eyes were bloodshot and she had been checking her phone before the crash, the report said. The arrest report states her blood alcohol level was .213, more than two times the legal limit.
Penn State’s Zordich charged with DUI
Penn State reserve linebacker Michael Zordich faces DUI charges after being stopped early Sunday in State College. According to a report in the Pittsburgh Post-Gazette, Penn State University police stopped Zordich for driving without his headlights on at 3:25 a.m. Sunday. The 19-year-old Zordich had a blood-alcohol level that measured .19, more than twice the state’s legal limit of .08 and nearly 10 times the limit for a minor (.02). Zordich, a redshirt freshman and the son of former Penn State All-American safety Mike Zordich, is listed as Penn State’s third-string middle linebacker on the depth chart for Saturday’s opener against Akron
Boy Loses Both Grandfathers In Separate Car Crashes On Same Day
JONESTOWN, Pa. (AP) — A 3-year-old boy lost both his grandfathers on the same day in separate Pennsylvania car crashes, one of which the boy himself survived. The boy was with his 67-year-old paternal grandfather, John Kroh Sr., on Tuesday when their SUV was hit head-on by another vehicle. Kroh and another man died at the scene near Jonestown, but the boy survived. Police say the driver who hit them was drunk and will be charged with vehicular homicide. Fourteen hours later, the boy’s maternal grandfather died in a single-car crash about 12 miles away in Rush Township. Police say 47-year-old Robin Lucas lost control of his car around 11 p.m.
Driver’s DUIs, vehicular homicide admissible
Accused of homicide and DUI in the Nov. 8, 2007, death of a friend, Julianne Fetrow did not want it known at her December trial that she had already killed another man while driving under the influence. On Tuesday, in a one-sentence order, York County [PA] Common Pleas Court Judge John S. Kennedy ruled that the previous vehicular homicide, as well as Fetrow’s four prior DUI convictions and her attendance of court-ordered alcohol safety classes, will be admissible at trial. Fetrow, 43, of Felton, is charged with third-degree murder, homicide by vehicle while DUI and homicide by vehicle — all felonies — as well as DUI, driving under suspension, careless driving and reckless driving in the death of 53-year-old Victor E. Wolf Jr. “We’re very pleased with the court’s ruling,” prosecutor Timothy Barker said Thursday. “The issues were thoroughly litigated and briefed for the court and we believe the law supported our position in the case.” Fetrow’s attorney, Rick Robinson, had filed a motion in April to bar his client’s driving history, prior convictions and blood-alcohol level from trial. Robinson could not be reached for comment Thursday. Because of the judge’s ruling, Barker can inform Fetrow’s jury that, in May 1990, she lost control of her car on a bridge over Pinchot Lake in Warrington Township and struck and killed a man who was fishing. She had a blood-alcohol level of 0.226 percent. At the time, the level at which a person was considered legally drunk in Pennsylvania was 0.10 percent; that level was since lowered to .08 percent. In that case, Fetrow pleaded guilty to driving under the influence, homicide by vehicle and driving under suspension and was sentenced to 18 months to 36 months in prison.
