dui.com - West Virginia Law Would Require Stiff Sentence for DUI Fatality

Man's Fart During West Virginia DUI Arrest Earns Assault Charge.

Monica — Mon, 29 Sep 2008 17:37:21 -0500

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.

Have you been arrested for DUI in WV?

West Virginia Law Would Require Stiff Sentence for DUI Fatality

Ron — Thu, 22 Feb 2007 11:43:00 -0600

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.

DWI Voids Insurance Claim

Monica — Thu, 23 Nov 2006 05:00:00 -0600

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.

West Virginia Runs Daytime Sobriety Checkpoints

Monica — Wed, 11 Oct 2006 00:00:00 -0500

Typically DUI checkpoints are set up during the late evening and operate until the very early morning hours. The Charleston, West Virginia Police Department however has found a noticeable number of drunk drivers and traffic violators at DUI checkpoints run earlier in the day.

The ‘Happy Hour Checkpoints’ start between 4 and 5 in the afternoon. The latest effort resulted in 3 DUI arrests, citations for over 30 traffic violations and the apprehension of one fugitive from justice.

Local residents are pleased with the late afternoon crackdown, citing the increased presence of children, people running errands and those commuting home from work. Others think that chronic drunk drivers will not be deterred by the DUI checkpoints, as they are interested in consuming alcohol at any cost.

Sgt. Shawn Williams of the Charleston Police Department said, "From a law enforcement perspective, it's actually disturbing, you know, that people are out driving impaired this early in the day."