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Sentencing Postponed for Man Who Crashed While Drunk and Having Sex
Man was speeding, high, drunk and having sex when he crashed his pick-up
The sentencing of a Maryland man involved in an unusual traffic accident last year has been postponed due to an interest in changing his plea. William Michael Watson was arrested September 23, 2009 after crashing his pick-up truck and badly injuring his female passenger, Rebecca Wilhelm. According to the police report, Watson was speeding in his Ford F-150 in heavy rain just before midnight when the truck hit an embankment and flipped over. A witness to the accident found Wilhelm under the truck bed, naked from the waist down. Watson was seen crawling through the broken rear window of the truck, with his pants down between his knees and ankles.
Watson, 26, had a blood alcohol content of 0.147%. He also admitted to smoking marijuana before the crash and to having sex with Wilhelm “for a while” before crashing. He was charged with driving under the influence in Maryland, aggravated assault by vehicle while DUI, speeding, driving without a license and not having valid insurance.
On June 4 of this year, Watson entered a guilty plea to the Maryland DUI and assault charges, and the other charges were dismissed. It was a 'straight plea' meaning there was no negotiated agreement for punishment. Under such a plea the defendant must be eligible for an intermediate, intensive form of probation while waiting for sentencing. The expected sentencing was to include some prison time, followed by house arrest. Watson changed his mind after entering the plea and twice refused to meet with probation officers attempting to do a pre-sentence investigation to establish whether he was eligible for intermediate punishment.
His refusal led to a meeting with a Commons Plea Judge on Monday, August 2. Watson's Maryland criminal defense attorney said his client simply wanted to put the case behind him as quickly as possible and was interested in taking a 6-23 month prison sentence initially offered by the prosecution. The judge was concerned that Watson was trying to 'snooker' the court and was upset that probation and parole officers had been kept from performing their duty. He offered Watson two choices; go forward with the straight plea or withdraw the plea and accept the sentencing the judge deemed appropriate. Watson elected to not withdraw the plea. A sentencing date has been scheduled for September 1, giving time for probation officers to conduct the required pre-sentencing analysis.
Wilhelm, who was 29 at the time of the accident, suffered a major neck injury and her right leg had to be amputated below the right knee.
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Drunk Driver Crashes Into Car and Then Assaults Driver
Man captured after he ran from the scene
An elderly Pittsville man suffered twice during an accident in Ocean City, Maryland early Monday. A car driven by drunk driver Jason Mackulin collided with a vehicle driven by 66-year old Hubert Burchette. Mackulin then assaulted Burchette while still trapped in his car.
Mackulin and two passengers from his vehicle then fled the scene on foot. They were all arrested, with Mackulin being charged with assault and driving under the influence in Maryland. Burchette was seriously injured in the crash and attack.
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Maryland DUI for Washington Redskins Player
Byron Westbrook arrested for drunk driving in Maryland early Friday.
Washington Redskins cornerback Byron Westbrook was charged with driving under the influence of alcohol in Maryland around 2:00 am Friday. A Charles County sheriff's deputy observed Westbrook driving his gray Mercedes erratically, crossing the lane marker several times. After initiating a traffic stop, the officer detected a strong odor of alcohol in the vehicle.
Westbrook failed several field sobriety tests and refused to submit to a breath test. He was charged with MD DUI, negligent driving and failure to keep on the right side of the road. If convicted for DUI in Maryland, he could be fined $1000, sentenced to a year in jail and have his driver’s license suspended for six months.
The Washington Redskins organization says it is aware of the arrest and is taking the situation seriously. Team executives plan to meet with Westbrook and watch the legal proceedings unfold. Westbrook, 25, played in all but one game last season, mainly appearing on special teams.
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Maryland Drunk Driving Laws Strengthened
New legislation increases penalties for DUI in Maryland.
The state legislature has passed a series of bills that will increase the penalties for drunk driving in Maryland.
The Motor Vehicle Administration can now suspend a driver’s license for one year if a driver is convicted of driving under the influence or driving while intoxicated more than once in a five year period. A restricted license is available during the suspension period if the motorist installs an ignition interlock device. Even then the driving permit is only applicable for trips to and from work, school or to drug/alcohol treatment.
DWI is charged when a motorist has blood alcohol content between .05-.079%. DUI is charged when the BAC is .08% or higher. A first offense for DWI in Maryland can result in up to two months in jail, a $500 fine and loss of driver’s license for 60 days. A DUI is more severe and can lead to up to one year in jail, up to a $1000 fine and loss of license for a minimum of 45 though longer periods are usually prescribed. A second offense for DUI increases the penalties to a fine of $2000, one year suspension of driving privileges, restricted driving for an additional year and up to two years in jail.
The new legislation also allows the courts to look back ten years for any prior alcohol related traffic offenses before considering probation options and penalties. Anyone caught drinking and driving with an alcohol restriction on their license will be subject to a $500 fine and two months in jail.
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Judge Dismisses Maryland DUI Over E-Ticket Error
Electronic citation has illegal 'duplicitous charges'.
A Baltimore District Judge has dismissed charges of driving under the influence in Maryland filed against Ryan Fox. Fox was stopped for speeding and charged with three DUI related offenses. The electronic ticket issued to him listed 'driving/attempting to drive' before each of the offenses. The inclusion of both phrases means two charges were filed for each offense, and a MD DUI defense attorney successfully argued that that such duplicitous charges are against the law.
The e-citation system replaced use of pen and paper, and it allows a law enforcement officer to swipe a motorist's driver's license and transfer citation information to the district court computer. The motorist is given a print out of the citation. The state police program software provided by the equipment manufacturer, meaning the specific wording is the responsibility of the state. A state police spokesperson says that the there is no problem with the e-citation system, and goes on to clarify that both chief and district court judges have been briefed on the e-ticket process. The Baltimore County State's Attorney says that this is simply lawyers finding a new defense argument, though he said his office will research the issue.
Meng & Alpert, a law firm that focuses on Maryland DUI defense, says that duplicitous charges are nothing new. When pen and paper were used, a trooper would often not properly complete the form or improperly circle an offense.
Additional e-tickets issued for drunk driving in Maryland may be subject to the same ruling. In the case of Ryan Fox, the State's Attorney intends to have the law enforcement officer redo the ticket and then plans to reintroduce the DUI charges.
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Wicomico County State’s Attorney Pleads Guilty to Maryland DUI
Davis Ruark arrested for drunk driving in Ocean City last February.
Davis Ruark plead guilty to MD DUI in Worcester County District Court on Monday. Ruark, the State’s Attorney for Wicomico County, was stopped last February for driving erratically. His blood alcohol content registered .15% and he was charged with drunk driving in Ocean City. After his arrest, Ruark, 52, took a paid leave, entered rehabilitation and later returned to his position part time.
The judge sentenced Ruark to one year unsupervised probation. A twelve point penalty was charged to Ruark’s driver’s license for driving under the influence in Maryland. The prosecutor did not file charges for having a loaded handgun in the county issued vehicle, though Ruark did surrender his gun permit for one year.
The judge warned Ruark that everyone will know if he ‘messes up’ again.
If you were arrested for a MD DUI in Wicomico County or Worcester County, you will need an experienced Maryland DUI Lawyer.
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New Drinking And Driving Laws Target Teens
New Drinking And Driving Laws Target TeensMeteorologist Tim Williams Reporting
(WJZ) There are new and tougher penalties for underage drivers caught drunk behind the wheel. With the laws going into effect this week,WJZ's Tim Williams reports that violators could lose their license for up to a year.
The new laws are cracking down on teen drivers, enacting a double penalty on those who choose alcohol before getting behind the wheel.
Jan Withers' 15-year-old daughter Alisa was killed in 1992. She was the passenger in a car driven by a drunk teen driver.
Withers feels the new law will have a dramatic effect. "If they know that combining the lethal effect of alcohol and driving could take away their license," she says, "I think it could prevent them from doing it."
The new law penalizes anyone under 21 convicted of driving under the influence with one year driver's license suspension.
"Traffic's not going to let up over time," says Maryland Governor Bob Ehrlich. "Our kids need to be better at an earlier age and that's what these laws are all about."
The new law was approved by the General Assembly in April.
Source: http://wjz.com
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Tough Maryland Drunk Driving Law Starts This Weekend
Target is underage drunk drivers
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