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83-Year Old Driver Chases Down DUI Suspect

Man chased drunk driver across two states.

Frank Canale, 83, and his daughter, Lori Canale-Smith, were headed to a wedding when they were rear-ended by a suspected drunk driver in a pick-up truck. The two then initiated a pursuit that started on Interstate 684 in New York and ended in the suspect's driveway in Danbury, Connecticut.

As the elder Canale drove, his daughter called police to alert them to a motorist driving under the influence. When the suspect stopped at his home, the two blocked him in until police arrived. By the time they finished police reports for two states, the pair had missed the wedding ceremony. Law enforcement officers arrested the truck driver and charged him with DUI and driving without a license.

Have you been arrested for DWI in NY or DUI in CT?

Posted Monday, August 31, 2009
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Peculiar drunk driving articles for the week of June 19

Really odd drunk driving news – 'Multiple Arrests Within Hours'

Two Pennsylvania DUI Arrests in 3 hours – David Michael Craig, 26, was charged with driving under the influence of drugs in PA and possession of controlled substances following a traffic stop around 8:30 pm. An investigation showed that Craig had been given a prescription for 90 muscle relaxers five days earlier but there were only three pills left in the bottle at the time of his arrest. 10 buprenorphine tablets, used to treat opiate withdrawl, were also found, with no prescription. He was taken home to the custody of his mother and told the charges would be mailed to him. Craig however showed up at the police station at 11:15 pm looking for the drugs that had been taken from his car. Upon leaving the station and he was seen driving off, causing police to pursue him. Craig continued driving until he reached his residence, where he was re-arrested for PA DUI, and charged with fleeing police and resisting arrest.

Two Connecticut DUI Arrests in 3 hours – Elsa Veisor, 29, was arrested for CT DUI around 1:00 am with a blood alcohol content more than twice the legal limit. Her driver’s license was confiscated and she was released on bond after stating that a ride from a friend had been arranged. But just before 4:00 am Veisor was stopped again, about half a mile from where her car had been parked. She was charged with a second offense for driving under the influence in Connecticut and for driving with a suspended license.

Two Pennsylvania DUI Arrests in 2 hours – Ralph Deringer, 54, was stopped at 11:49 for erratic driving, arrested for drunk driving in Pennsylvania and taken to the Carlisle Booking Center. According to township policy, DUI offenders are generally not held after booking and are released to a sober party or have a taxi ride arranged. Shortly before 2:00 am an officer was still at the scene of the traffic stop finishing his report on the DUI arrest when a taxi-cab pulled up. Deringer got out, walked to his vehicle and proceeded to start the car and drive off. After a brief chase, police apprehended Deringer and charged him with a second PA DUI.

Were you arrested for drunk driving?

Posted Monday, June 22, 2009
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Rip Torn Receives Probation for Connecticut DUI

30 Rock Actor charged with drunk driving in CT last December

Actor Rip Torn was sentenced to probation after pleading not guilty to a charge of driving under the influence in Connecticut. Torn was arrested on December 14, 2008 after police spotted him driving in the break-down lane of a highway in Salisbury. Police reportedly had been alerted to his impaired condition by patrons of the White Hart Inn, where he was seen stumbling to his car.

The judge approved Torn's admittance to an alcohol education program and required the 78-year old to undergo a driver's test.

Torn is an Emmy winner and Academy Award nominee who appears on the NBC show '30 Rock'. He has two previous DUI offenses. He paid a fine and lost his license for an arrest in April 2007, and was acquitted following a 2004 arrest.

Were arrested in CT for DUI?

Posted Thursday, May 28, 2009
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Peculiar drunk driving articles for the week of May 22

Really odd drunk driving news – 'Extra Stuff'

Connecticut DUI and a light pole on top of car – Edward Crouse, 49, struck a utility pole and, when asked by a witness if he was ok, waved and said he was fine and then drove off with the pole on top of his car. The pole fell off shortly after, though responding Farmington police were able to locate Crouse because his rear bumper was hanging off the vehicle and making a loud dragging noise. The rear window was broken out too. Crouse's BAC was twice the legal limit and he failed a field sobriety test. He was charged with drunk driving in Connecticut and evading responsibility.

Nevada DUI and a fuel hose sticking out of gas tank – An unidentified 40-year old Reno woman was stopped by the Nevada Highway Patrol after an ambulance crew spotted her driving down the road with six feet of fuel hose and the nozzle sticking out of her gas tank. The woman failed a field sobriety test and was arrested for driving under the influence in Nevada. Investigators were still trying to find the service station missing a hose and nozzle.

New Hampshire DWI and a dragged fire hydrant – Jeremy Aron, 33, was found guilty of driving under the influence in NH after an unusual incident. Aron struck a fire hydrant and drove off, dragging it under his vehicle. An off-duty Portsmouth police officer witnessed Aron drive by with damage to the vehicle, a deployed air bag and sparks coming from the undercarriage. After Aron pulled into a parking lot, the officer requested uniformed officer back-up. In addition to a NH DUI conviction being placed on his record, Aron was fined and his license was suspended for 90 days.

Have you been charged with DUI or DWI?

Posted Thursday, May 28, 2009
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Court Upholds Connecticut DUI Without Driving a Vehicle

CT State Supreme Court says being behind wheel is enough for drunk driving arrest.

The Connecticut Supreme Court ruled unanimously that a person can be found guilty of driving under the influence without actually driving their vehicle. The decision stems from the case of an Andover man arrested for CT DUI in 2005. Michael Cyr was intoxicated when he started his car remotely and then sat in the driver’s seat. He did not move the car.

Cyr had pleaded no contest to driving under the influence in Connecticut after failing to get the case dismissed. An Appellate Court did find in Cyr’s favor and threw out the case. The recent Supreme Court ruling overrules the Appellate Court decision, and the DUI charges must be reinstated.

Have you been charged with DUI in CT?

Posted Tuesday, March 24, 2009
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Rip Torn Hit With New DUI

Actor arrested for drunk driving in Connecticut.

Rip Torn has been charged with another DUI in Salisbury, Connecticut. Police report that Torn had just left the White Hart Inn and was driving on Route 44 in his Subaru with a Christmas tree on the roof. Unfortunately he was in the breakdown lane.

Torn failed part of a field sobriety test and refused to submit to a breath test, and he was booked on suspicion of drunk driving in Connecticut. The 77-year actor pleaded not guilty to driving under the influence and failure to drive in the proper lane.

This is Torn’s third DUI arrest in five years. In April 2007, he paid a fine and had his license suspended for driving while intoxicated in New York. He was acquitted for NY DWI in 2004 after jurors said the prosecution failed to prove Torn had been drinking prior to a fender bender with a taxi cab. As it is his first Connecticut DUI offense, Torn may be able to qualify for Connecticut’s alcohol education program which would lead to the dropping of the charges if he successfully completes terms of probation.

Torn has appeared in a number of movies and television series, including ‘Men in Black’, ‘The Larry Sanders Show’ and a recurring role on ‘Thirty Rock’.

Were you charged with CT DUI?

Posted Wednesday, January 07, 2009
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Peculiar Drunk Driving Articles for the Week of October 17, 2008

Really Odd DUI/DWI News – Doubling Up.

Two Illinois DUI arrests in one day – John Stanley was stopped in Mt. Carmel at 10:15 am for driving his vehicle in an erratic manner. After failing a field sobriety test and registering a blood alcohol level more than three times the legal limit, he was booked on charges of driving under the influence in Illinois. He posted bond and was released around 3:00 pm. Stanley was then pulled over again at 3:43 pm for swerving. He was charged with his second Ill DUI and other traffic offenses. Stanley is the city attorney for the nearby town of Carmi.

Two Colorado DUI arrests in just over three hours – Daniel Ryan Koski was arrested for drunk driving in Colorado at 11:19 pm and released by the Glenwood Springs Police Department with a summons. Though police kept his car keys, Koski returned home and got a second set and tried to recover his vehicle. He was stopped around 2:30 am for weaving and was charged with a second Colorado DUI. After the second arrest, Koski was booked into the county jail.

Two Georgia DUI arrests in one day – Murray County police officers spotted Sean Michael Jones burning rubber in his BMW. When police detected alcohol, the 21-year old was charged with drunk driving in Georgia. Police confiscated his license, but just hours after being bonded out of the Murray County jail, Jones was stopped again by Chattsworth Police. After failing several field sobriety tests, Jones was booked on a second drunk driving offense and bonded out by his father.

Two Connecticut DUI arrests in one weekend – Delmar G. Cooke was charged with drunk driving in Connecticut after being stopped around 8:00 pm Saturday for swerving. Though he was told his driver’s license had been suspended for 24 hours, Cooke was spotted driving erratically again at 5:20 Sunday afternoon. Cooke, 48, had a blood alcohol content two and a half times the legal limit and was charged with second offense driving under the influence in Connecticut.

Do you need to hire a DUI lawyer?

Posted Thursday, October 16, 2008
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No "Jelly Shots" and Discount Drinks in CT?

HARTFORD, Conn. (AP) - People who enjoy slurping down "jello shots" and chasing them with cheap beers soon may find themselves crying in their drinks.

A measure winding its way through the state Legislature would prohibit bars from offering discounted drinks and jello shots - typically a half-ounce of vodka mixed with gelatin - on the theory they promote alcohol abuse, especially among underage drinkers.

"There is no need to offer special incentives to increase alcohol consumption. There's a difference between allowing adults to make the decision to drink and encouraging the decision to drink more," said Consumer Protection Commissioner Mark Shiffrin, whose agency oversees liquor regulations.

The bill already has cleared the General Law Committee and last week was sent from the House to the Judiciary Committee, which was set to consider it Tuesday.

At Fatty McGee's in Southington, summertime brings a rainbow of lemon, lime and cherry jello shots. But getting to the bar means getting past doormen who ask for proper identification.

"Why not go after what's blatantly illegal instead of killing my business?" said bar co-owner Ed Raffile.

People under 21 "are prohibited to be in the bar in the first place," he said. But legal drinkers are attracted by promotions - which can drop the price of a $2.25 domestic draft to $1.50, Raffile said. "People come in and say 'Got any drink specials tonight?' especially the college kids who don't have a lot of money," he said.

Consumer Protection Commissioner Mark Shiffrin, whose agency is charged with enforcing state liquor laws, said the discounts promote abuse.

"There is no need to offer special incentives to increase alcohol consumption. There's a difference between allowing adults to make the decision to drink and encouraging the decision to drink more," he said.

Sen. Thomas Gaffey, the chief proponent of the measure, last week said it will strike at the heart of underage drinking. He said discounted drinks and the jello shots target minors who are enticed by cheap prices and sweet drinks.

"These are the events that attract underage children into bars," said Gaffey, D-Meriden.

When asked about the measure's impact on legal drinkers looking for bargains, and on fans of jello shots, Gaffey said, "I'm a killjoy, what can I tell you?"

James Varano, president of the state's Cafe and Bar Association and owner of Hartford's popular Black Eyed Sally's, said the measure penalizes bars that rigorously check IDs.

And, he said, people who drink set their own limits, which typically deal with tolerance and not money.

"The thinking behind it is three or four beers is your limit, whether those were two bucks or four bucks. (The proposal) doesn't make a whole lot of sense to me," he said.

Varano also co-owns the Pig's Eye Pub, a bar upstairs from his restaurant that caters to a 20-something crowd. He said IDs constantly are checked and that drink promotions are offered to encourage people to try different microbrews, not to attract underage drinkers or encourage people to get drunk.

AP-ES-04-07-98 1715EDT<
Copyright © Associated Press. All rights reserved.
This material may not be published, broadcast, rewritten, or redistributed.


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Posted Thursday, March 22, 2007
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No Medical Insurance Payments in DUI Case

NBC 30

Insurer Can Refuse Medical Payments in DUI Case

Appeals Court Ruling Involves 1998 Crash

POSTED: 1:44 p.m. EDT September 24, 2003

NEW HAVEN, Conn. -- A federal appeals court has ruled in a Connecticut case that being drunk while driving can mean the insurance company does not have to pay medical bills.

National Health Insurance Co. does not have to pay $242,235 in medical bills incurred by a 19-year-old Guilford man who was driving drunk when he crashed his car in 1998, the 2nd U.S. Court of Appeals has ruled.

The court found the policy from National Health that excluded coverage for expenses incurred as the result of intoxication is enforceable.

"It's an important decision because the ruling reinforces Connecticut public policy against drunken driving," William H. Clendenen Jr., the attorney for the Texas-based insurance company in the case said Tuesday.

Clendenen said the intoxication exclusion is a standard clause in National Health's policies, but some other companies do not have it.

John F. Wynne Jr., lawyer for plaintiffs Oliver Bishop III and his son, Oliver Bishop IV, said the intoxication exclusion clause "is hardly ever found in a group health insurance policy."

Wynne said the case against the insurance company is over, but other cases brought by the Bishops are pending, including one against the insurance agent who sold Bishop the policy and one against the New Haven liquor store where the underage Bishop made his purchases.

On March 14, 1998, Oliver Bishop IV, then 19, purchased a case of beer and a half pint of liquor at a store in New Haven and went to a party in Guilford, where he drank the alcohol, police said. Bishop got into an accident early the next morning after he got into his pickup truck and hit a stone wall and two trees, police said.


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Posted Thursday, March 22, 2007
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High Court Affirms Conviction

August 15, 2006 By LYNNE TUOHY, Courant Staff Writer

Responsible drunks don't put, or leave, the key in the ignition.

The state Supreme Court has ruled unanimously that a key in the ignition, even if the engine is not running, is grounds for charging an intoxicated person with operating a motor vehicle under the influence.

The court upheld the conviction of Andrew Haight, who was found asleep behind the wheel of his legally parked Lexus by a New Canaan police officer just after midnight Oct. 20, 2001. His car key was in the ignition, in either the "off" or "accessory" position - a deduction based on the chimes that sounded when Officer Kevin J. Dowling opened the car door.

"[State law] prohibits operating a motor vehicle while under the influence rather than merely driving a motor vehicle under the influence," Justice Peter T. Zarella wrote. "It is well settled that 'operating' encompasses a broader range of conduct than does 'driving.'

State laws, however, don't articulate just what that difference is.

So the Supreme Court looked back to a 1939 ruling, in a case in which a car was driven into a New London bank. When police arrived, they found an intoxicated Lyman Swift sitting behind the wheel attempting to start the car while his companion was trying to push it. Swift insisted he hadn't been driving the car and had moved to the driver's seat only when his companion got out to attempt to push the car.

The Supreme Court in that case ultimately upheld the instruction given to the jury by the trial judge, who said Swift could be found guilty of operating the vehicle if he "Intentionally does any act or makes use of any mechanical or electrical agency which, alone or in sequence, will set in motion the motive power of the vehicle."

The justices in Monday's ruling noted that "the present case is analogous to Swift's."

"In both cases, the defendant failed to set the vehicle in motion or even run the vehicle's motor," Zarella wrote. "Nothing in our definition of 'operation' requires the vehicle to be in motion or its motor to be running. ... We conclude that [Haight's] act of inserting the key into the ignition constituted operation of a motor vehicle within the meaning of state law.

The court said it didn't matter whether the key was in the off or the accessory position.

Haight's attorney, Brenden Leydon, said he relied on a 1960 Supreme Court decision in which the court found there was insufficient evidence that a driver slumped over the steering wheel of his car, with the key in the ignition, was operating under the influence. But the court said in Monday's ruling that the presence of the key in the ignition was irrelevant in the 1960 decision. In that case, the two sides had agreed that the driver was operating the vehicle; the dispute was over whether there was sufficient evidence of intoxication.

Leydon said the ruling in Haight's case reflects "the general policy of getting tough on drunk driving, which is understandable."

"Our position all along was it was better for people to sleep it off, rather than get out of town quickly," Leydon said. "That was our policy reliance."

Leydon said Haight had entered his car after having dinner and drinks at a local restaurant. "There was no evidence he ever moved the car at all."

Source: http://www.courant.com


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Posted Thursday, March 22, 2007
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