DUISearch results for category: Texas DUI
Houston Texan Football Player to Enter DWI Diversion Program
Jacoby Jones had been arrested for DWI in Houston.
Wide receiver for the NFL Houston Texans Jacoby Jones is due in court this morning and he is expected to enter a guilty plea to driving while intoxicated in TX. As part of a plea agreement, Jones with enter the DIVERT program for one year. The special program set up by the Harris County District Attorney's office allows qualifying defendants who have been charged with DWI in Houston to plead guilty and then have the case expunged after one year if stringent conditions are met. The defendant would be required to enter alcohol education classes and install an ignition interlock device on their vehicle. In some cases, the defendant must wear an alcohol detecting bracelet and be tested regularly on a home breathalyzer.
According to the Assistant District Attorney who developed the program, 490 Texas DWI defendants have qualified for DIVERT. The program started on August 1 of this year.
Jones was arrested for suspicion of driving while intoxicated in Houston on March 16, 2008 after police found him around 3:00 am asleep behind the wheel of a late model Nissan Altima stopped in traffic. Jones reportedly registered a blood alcohol content of .135%, substantially higher than the .08% legal threshold for intoxication in Texas.
Jones was the Texans’ third round draft pick in 2007.
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Peculiar drunk driving articles for the week of August 28
Really odd drunk driving news – 'Vehicles'
Lawnmower and an Illinois DUI – Dennis Cretton of Belleville in southwest Illinois had his driver's license revoked for a drunk driving conviction. He though he could get around the situation by taking his yellow riding mower for a drunken spin to a local gas station for beer. He reportedly weaved through traffic and later tried to evade police while cans of Milwaukee's Best beer were spilling out of a 12-pack. Cretton, 49, was arrested for felony aggravated DUI in Illinois.
Lawnmower and a New York DWI – Randy M. Elliot of Conklin was stopped by police for drinking beer while operating a lawn mower on a public roadway. After registering a blood alcohol content of .28, three and a half times the legal limit, the 47-year old was charged with driving while intoxicated in NY.
Ambulance and Texas DWI – Lawrence Eugene Reyes Jr. of Richards took off with an ambulance while paramedics were attending to a patient inside a Bryan hospital. The 25-year old abandoned the ambulance, undamaged, a few miles away and he was apprehended a few hours later. He was booked in the Brazos County jail for public intoxication, theft and evading arrest. Charges of driving while intoxicated in Texas are being considered.
Backhoe and Ohio DUI – Robert Tite was charged with Ohio DUI a few months ago for driving a bulldozer through his neighbors yard. The 57-year old was stopped again for operating a piece of heavy equipment while intoxicated, this time for driving a backhoe into town. He rolled through a stop sign before pulling up in front of a business in the center of Wakeman. Tite, who appeared confused at the time of arrest, failed a field sobriety test and refused to submit to a breath test. He was booked at the Huron County jail for operating a motorized vehicle while intoxicated.
Filed in Illinois DUI | New York DUI | Ohio DUI | Texas DUI | Permalink | Comments (0)
Lawyer Stopped for Texas DWI on Way to Court
Defense attorney arrest for drunk driving leads to mistrial in murder case.
A judge in northeastern Texas was forced to declare a mistrial in a murder case after one of the criminal defense attorneys was arrested for driving while intoxicated. Attorney Bryan Simmons was on his way to court last Friday when he was involved in an auto accident near New Boston. His vehicle left the road and ended up in a ditch with a flat tire. Responding police charged Simmons with Texas DWI.
Simmons denies being under the influence of drugs or alcohol. He demanded a breathalyzer test which the officers did not administer. A blood sample was taken, though the results will not be known for several weeks. Simmons claims he lost control of his vehicle during a sneezing fit caused by allergies and black pepper on the catfish he had just consumed.
The murder trial was halfway through jury selection when the arrest occurred. Simmons was ordered to reimburse the county $318 it had to pay potential jury members. He apologized to the court, his law partner, his client and the murder victim’s family.
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Construction Manager for Cowboys Stadium Hit With Texas DWI
Jack Hill arrested hours after concert marking opening of the new sports venue.
The person in charge of construction of the new Dallas Cowboys football stadium was charged with Texas driving while intoxicated following a minor traffic accident. Jack Hill was leaving the $1.15 billion facility just hours after a concert headlined by George Strait when he was involved in a two vehicle collision.
Officers responding to the scene said Hill appeared to be intoxicated and slurred his words. Hill reportedly failed a field sobriety test and was booked on suspicion of drunk driving in TX. He posted a $1000 bond and was released Sunday morning.
Hill's arrest was the only DWI associated with the Saturday night concert at Cowboys Stadium. Nineteen were arrested for public intoxication during and after the concert.
The Cowboys organization said it was aware of the arrest but had no comment. Hill, 53, has been involved with several large construction projects in the Dallas area, including the Texas Rangers baseball stadium and the American Airlines Center used by the Dallas Mavericks basketball team.
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Vehicle Seizures Planned for Texas DWI
Felony offenders for drunk driving in Montgomery County TX could permanently lose their vehicles.
The Montgomery County District Attorney's office is implementing an initiative to seize vehicles owned by drivers convicted of certain felony offenses. The plan is to confiscate vehicles of drivers on a fourth felony conviction for driving while intoxicated in Texas, as well as those convicted of fleeing from police or convicted of causing an accident with serious injury of death while drag racing.
According to Texas DWI law, property used during a drunk driving offense or boating while intoxicated offense can be confiscated if the defendant has three prior convictions for the same offense. The Texas Code of Criminal Procedure also allows for seizure of vehicles in certain cases of drag racing and those who attempt to evade arrest.
The DA’s office and law enforcement agencies involved in the program will be able to either use the seized vehicles or benefit from the proceeds of a sale or auction. When property is sold, thirty percent of any proceeds will go to the DA’s office, and the remainder, minus costs associated with the seizure, will go to the law enforcement agency involved with the arrest.
There are plans to purchase mobile breath testing machines with the proceeds from vehicle seizures. The county DA hopes to be able to seize enough vehicles to fund that. Montgomery County has the highest rate of per capita arrests for drunk driving in Texas. It is estimated that there are 1000 chronic offenders for DWI in the county.
The District Attorney’s office plans 'no refusal' weekends to crack down on TX DWI offenders by using warrants to demand blood samples to test for alcohol content. Additional efforts will target drunken boaters on area lakes.
Have you been charged with DWI in Montgomery County, TX?
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Dallas Police Want to Expand 'No Refusal' Blood Draw for Texas DWI
Effort calls for court ordered blood samples when drunk driving is suspected.
It has been over a year since the Dallas Police Department started its controversial 'no refusal' policy for drawing blood in cases of suspected driving while intoxicated in Texas. The initiative has been used on certain holiday weekends, and utilizes warrants that require defendants to provide blood samples if they refuse to submit to breath-tests or refuse to give samples voluntarily. Due to the success of the program, the police now want to expand it to a year-round effort.
The key restriction is availability of judges to sign the court ordered warrants. Currently judges volunteer their time to be available weekends and after-hours. When a driver is stopped for suspicion of drunk driving in Dallas, Texas, the judges can sign a warrant and the suspect is taken to the Dallas County Jail where a blood sample is taken by nurses from Parkland Memorial Hospital. The sample is then tested for blood alcohol content.
To make the blood draw initiative a year round effort, judges would always have to be available to sign warrants. County jail magistrates are on duty around the clock though under current state law they are prohibited from signing 'evidentiary' search warrants. The Dallas County prosecutor sees that has a 'fluke' in the law and has been working on legislation to change the situation. Wording to clarify the types of magistrates that can sign evidentiary warrants was placed in a bill during the current Texas legislative session, but was later removed.
Texas DWI defense attorneys cite a constitutional liberty against unreasonable search and seizure of evidence, and say the forced blood draw program is being used to negate a defendant’s legal right to refuse to submit to a breath, urine or blood test. Existing state law defines situations when a blood draw is appropriate, including accidents involving injury and repeat DWI offenders. There are also questions regarding the proper drawing, handling and storage of what amounts to key evidence in a criminal case.
A Dallas County District Attorney disagrees, adding that he does not foresee any effective legal challenges being made to the blood draw initiative. The County prosecutor believes there is still time to change the law during the current state legislative session.
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Filed in DUI Prevention | Texas DUI | Permalink | Comments (2)
Peculiar drunk driving articles for the week of May 15
Really odd drunk driving news – 'The Unusual'
Trail of oil leads to California DUI suspect – Police in Sacramento responded to a report of a vehicle smashing into a pole around 2:00 am. The vehicle had fled the scene but left a trail of dripping oil. The officers followed the trail and soon located a damaged SUV at a nearby home. The driver was charged with leaving the scene of an accident and driving under the influence in California.
Man fakes his own death to avoid New Mexico DWI – Byron Shane Carpenter, from Capitan, was facing prison sentence for vehicular homicide and two separate NM DWI charges. Then his obituary appeared in the Albuquerque paper, citing the death of a loving father and husband in an auto accident. A tip, however, lead U.S. Marshals to Carpenter hiding at a friend's house, and he was taken into custody. In addition to new charges against Carpenter, those involved with the fugitive felon's escape will be facing arrest.
Unknown vehicle in driveway leads to Minnesota DWI – A homeowner did not recognize the car found parked in the yard next to his house early one morning, so he called the police. Officers discovered Joseph Donald Shoeberl, 32, asleep in the vehicle and made several efforts to wake him. When finally roused and asked if he knew where he was, Shoeberl answered "in southern Minnesota." In fact, he was about 130 miles northwest of the Minneapolis. Shoeberl's blood alcohol content at 7:17 am registered .16% or twice the legal limit. He was charged with driving while intoxicated in MN.
Wedding night in jail after Texas DWI – Jade Puckett, 26, described her wedding night as humiliating and her greatest nightmare after her new husband, Billy, was arrested for driving while intoxicated in Houston, Texas. The two had just left their wedding reception when they were targeted by a Harris County sweep for drunk drivers. Billy was charged with TX DWI and Jade was charged with public intoxication when she became belligerent. Jade filed a complaint saying that male deputes seemed to take pleasure from her demise as they repeatedly came to see her in the holding cell, still in her wedding dress. The complaint also covered a photo taken of her in her dress in the courtroom. She entered a guilty plea to public intoxication and was released for time served. Her husband pleaded no contest to DWI and was given a year's probation, fined $300 fine and ordered to perform community service.
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Update on Texas DWI Related Laws
Texas legislature considering several anti-drunk driving bills.
(Austin Texas) – There are two Texas DWI bills being considered by the state legislature. House Bill 4061 would expand the criteria for mandatory installation of an ignition interlock device in a vehicle. The device analyzes a driver’s breath sample and disables the ignition if the blood alcohol content registers above a pre-set limit. Currently, TX DWI law requires an ignition interlock for repeat drunk driving offenders and those who register a very high BAC at the time of an arrest.
The new law would nearly double the number of motorists subject to the installation of the device by requiring an interlock for all convicted of DWI, even first time offenders. A judge will have the discretion to deem the interlock unnecessary.
The ignition interlock bill was passed unanimously yesterday by the House. Similar legislation failed in the last legislative session though there is no organized opposition to the measure this time around.
The other DWI measure being considered by the legislature would permit larger cities and highly populated counties to establish sobriety checkpoints. There is much controversy surrounding the bill, including concerns over potential abuse, racial profiling, inefficiency and a perceived police state where innocent motorists are stopped without reasonable cause. The bill was passed by the Senate by remains in House committee.
Late yesterday, one lawmaker attempted to add the sobriety checkpoint bill to major legislation on the future of the Department of Public Safety. The House parliamentarian however told the lawmaker to withdraw the amendment because it involved activities conducted by law enforcement groups other than the DPS. As a result, the sobriety checkpoint law is expected to die in committee.
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Peculiar drunk driving articles for the week of May 8
Really odd drunk driving news – 'Vehicles'
Riding Horseback While Intoxicated in Colorado – Police pulled over Brian Drone of Arvada in a strip mall parking lot for riding his horse while under the influence. The officers had responded to calls about a cowboy who wasn’t able to stay in the saddle. After issuing a Class B traffic violation, police realized that, unlike a DUI arrest and vehicle, they could not 'tow' the horse. A local stable owner offered to give Drone and his horse 'Cricket' a ride home.
Georgia DUI on Horseback – Gregory Scott Cooley and Jeffery Ray Owen were busted for drunk riding by Tunnel Hill police. The two had drunk beer while watching a NASCAR race and then proceeded to jump on two horses owned by Cooley. Though they were only a few feet from one of their yards, police ordered them to dismount. The officer showed no leniency when issuing charges of 'driving' under the influence.
Minnesota DWI While on a Lawnmower – Darwin L. Christensen, 42, decided to ride his riding lawn mower to the store for beer and ended up zig-zagging along city streets and running over orange traffic cones. He was observed stopping to relieve himself in public, after which he tossed his beer can into a ditch. Police responding to complaints, found Christensen stumbling and slurring his speech. He registered a blood alcohol content of .21, over two and a half times the legal limit. Christensen has four prior convictions for drunken driving in Minnesota.
Texas DWI on a Steamroller – A Pflugerville police officer spotted Ronald Howell weaving down the road around 4:00 in the morning, on a Dynapac Vibrator Roller. Howell told the officer that he had been walking home from a night club when he decided to take the construction equipment because it was cold outside. He was failed a series of field sobriety tests and booked on charges of driving while intoxicated in Texas, along with felony theft and driving without a license.
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Signs Marking Texas DWI Victims May Come Down
Federal law limits how long a sign can remain in place.
Last year, Texas Department of Transportation began a sign program memorializing victims of drunk drivers. The effort was intended to have a safer alternative to homemade memorials. Federal law, however, states that such signs can only remain in place for one year. That has lead families who have lost loved ones to driving while intoxicated offenses, as well as the state legislature, to take action.
The Federal Highway Administration says that permanent memorial signs are only permitted in locations with parking, such as recreation areas, rest stops and scenic overlooks. Such signs are not permitted on roadways for the safety of motorists and because of operational concerns. Families and friends of drunk driving victims say the signs are a form of remembrance and believe the signs should be left up permanently.
TxDOT says that a number of memorial signs have passed the one-year mark though there is no concerted effort to immediately remove them. Officials are now waiting until summer to see if the state legislature passes a law doubling the time the TX DWI memorials can remain in place. The bill is scheduled to be out of committee by May 11.
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