DUIWest Virginia DUI News
Man's Fart During West Virginia DUI Arrest Earns Assault Charge.
Police add extra charge after WV drunk driving suspect passes gas during fingerprinting.
Jose Cruz was being booked for driving under the influence in West Virginia when he farted on an officer. Police responded by adding assault to the charges.
The arrest report shows that Cruz, 34, was stopped Monday night in West Charleston for driving without his headlights. He failed a field sobriety test and was taken to a police station for booking. He was given a breath test to determine blood alcohol content and was being fingerprinted when he “lifted his leg and passed gas loudly” in the officer’s face. Cruz then fanned the air with his hands and said, “Here, put that in your Breathalyzer”.
The police report complains that the gas was “very odorous and created contact of an insulting or provoking nature.” This lead to the charge of battery on a police officer being added to two counts of obstruction and West Virginia DUI.
Cruz, who has more than a dozen prior arrests, posted bond for the new misdemeanor charges and was released.
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West Virginia Law Would Require Stiff Sentence for DUI Fatality
Proposed law would increase minimum jail time
The House of the West Virginia Legislature unanimously approved a bill that would increase the minimum prison term for motorists who cause a traffic fatality while driving under the influence.
Currently those convicted of a West Virginia DUI that involved a fatality would face from 1 to 10 years in jail. DUI offenders are typically credited for days spent in jail while their case is pending in court, diminishing the impact of final sentencing. The new legislation would ensure at least some prison time by changing the minimum sentencing to 3 years and increasing the maximum to 15 years.
According to federal statistics, in 2005 there were 108 deaths in West Virginia attributable to drunk drivers. That equaled 29% of all vehicular deaths in the state.
The bill is now being considered by the West Virginia Senate.
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DWI Voids Insurance Claim
Court rules no pay out because of drunk driving
A federal appeals court has ruled that a man’s drinking and driving voided his insurance policy. A West Virginia man was killed in a DWI automobile accident and his insurance company denied a life insurance claim being made by the widow.
The terms of the insurance policy stated that a claim is payable only if an accident or death is unexpected. The Richmond, Virginia court found that because the man was driving while intoxicated he knowingly created a risk.
The man’s BAC was 0.12, and the Dutch financial services group ING Groep NV used that fact to fight the insurance claim.
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West Virginia Runs Daytime Sobriety Checkpoints
Police target happy hour revelers
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