49ers Bryant Won't Be Suspended for California DUI

Wide receiver for the San Francisco 49ers, Antonio Bryant, will not be suspended from the team for his recent California DUI arrest. Head coach Mike Nolan said the issue was not team related and he wanted to “let the judicial process do its deal, because that’s the way it should be.” Bryant continues to practice and play with the team.

Bryant, 25, was arrested after speeding in his Lamborghini at speeds in excess of 100 mph. He was uncooperative after being stopped and had to be restrained with leather straps. He has been charged with driving under the influence, resisting arrest and reckless driving.

Bryant reportedly has not apologized to fellow teammates for the distraction.

Despite the team stance, the NFL could still issue disciplinary action against Bryant pending the outcome of his legal case. According to league policy that could range from a fine to suspension, depending on circumstances and previous violations.

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Party Boy Busted for New York DWI

Social gadfly and heir to an Ecuadorian fortune, Fabian Basabe made the news again after being arrested over the eve of the Thanksgiving holiday. Basabe was stopped in his Hummer shortly after 1:00 am Wednesday morning and he reportedly failed a breathalyzer test. He has been charged with New York DWI, operating a vehicle without a driver’s license, reckless driving and running a red light.

Basabe, 28, gained notoriety on the club scene in 2004 after being photographed with young Bush twin Barbara straddling his leg on the dance floor of a New York City hotspot and ‘dipping’ her. He recently starred in a reality TV series, “Filthy Rich: Cattle Drive.”

His news making activities include a string of verbal battles with club bouncers and doormen. Most notably when he called the doorman of the Star Room in the Hampton’s a ‘negro’ after being tossed out for knocking over liquor bottles and swinging from the rafters like an orangutan. Basabe apologized, but his bad-boy reputation persists after recently being punched by the doorman at an exclusive club and responding with a multi-million dollar suit.

Basabe spent several hours in jail and then pleaded not guilty. His New York DWI defense attorney called the arresting officers ‘bumbling’ and said they used ‘antiquated and faulty equipment’ to test Basabe’s blood alcohol content. Busabe’s defense attorney went on to say that the police were more interested in ‘bagging a boldfaced-name defendant.’

The attorney says that a suspension of Busabe’s driver’s license was lifted last year, though a valid license for Basabe does not exist in the New York Division of Motor Vehicles database. Busabe himself claimed in an interview last December that he does not have a driver’s license.

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South Carolina Looks at Tougher DUI Laws

Citing a “real problem” with existing state DUI laws, South Carolina Governor Mark Sanford announced support for toughening the penalties for drinking and driving. Though he offered no specifics, at a recent news conference he said the state needed to “get serious about DUI in South Carolina.”

His statement was influenced by a newspaper investigation into South Carolina DUI sentencing that showed about 40% of all repeat offenders received reduced plea bargains. The number rose to 60% for offenders with three or more DUI arrests.

The answer may come in the form of legislation proposed by a South Carolina Department of Public Safety study group created to outline potential changes to DUI laws. That group advocates a tiered approach to drunk driving: the higher the blood-alcohol content, the more severe the penalty.

Similar legislation gained no traction during last year’s legislative session, though the legislator who introduced the 2005 bill, State Rep. Jim Harrison, said that a tiered penalty system is needed. “We hear so much about social drinkers not being the problem in this state, that it’s the heavy drinkers that cause most of the fatalities," he said. "I think this statute recognized that those with a high blood-alcohol content deserved stiffer penalties.”

Other legislative considerations include increasing fines, requiring alcohol abuse treatment for first-time offenders and dropping the requirement of reading Miranda rights to a DUI suspect prior to a field sobriety test. South Carolina is the only state that requires that latter action.

One of a study group members felt the tiered DUI penalty system would gain favor during the next session of the South Carolina Legislature and indicated plans to pre-file a bill soon.

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San Francisco Football Player Arrested for California DUI

Antonio Bryant, wide receiver for the San Francisco 49ers, was arrested on suspicion of drunk driving around midnight Sunday. A San Mateo police officer entering US Highway 101 in Redwood City spotted Bryant as he sped by in an orange Lamborghini at well over 100 mph.

The officer was unable to catch the speeding car so he radioed ahead and another patrol car stopped Bryant in San Mateo. Bryant, 25, was initially stopped for speeding, though, according to San Mateo Capt. Kevin Raffaelli, “officers noticed signs that he was under the influence and tried to get him to cooperate.” Bryant reportedly became "uncooperative, combative and verbally abusive.” He refused to get into the police cruiser after being handcuffed and had to be restrained with leather straps.

He now faces misdemeanor charges of reckless driving, driving under the influence and resisting arrest.

Bryant refused to perform breath test, which according to California DUI laws results in a one-year suspension of a driver’s license, even for first time DUI offenders. He also declined to provide a blood sample while in jail.

The 49er wide receiver has a reputation for showing his temper. He has complained about not being thrown more passes and yelled at the media after losses. Perhaps his most notorious moment came when he threw a sweaty jersey in the face of Dallas Cowboys head coach Bill Parcells in June of 2004 and had to be escorted off the practice field by security. Bryant was traded to the Cleveland Browns shortly after.

Bryant was released from San Mateo County Jail on his own recognizance. The District Attorney’s office is reviewing the case to determine what charges will be filed. Bryant is scheduled to be arraigned in late December.

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This Week

Soccer Dad in New York – Stephen Bowman, 48, of Syracuse, crashed his SUV into another car twice before coming to a stop. Bowman had consumed ‘a lot of beer’ at a soccer match and his 15-year old son had tried in vain to keep his dad awake prior to the accident by slapping him several times in the face. Bowman was charged with New York DWI and endangering the welfare of a child.

Soccer Mom in New York – Carolyn Magliochetti, 47, of Long Island hit a street sign while driving drunk. She had ignored pleas to stop from her teenage daughter and her friend. The two girls got out of the car after the crash and Magliochetti drove off. The daughter then called police and gave them a description of the car. Magliochetti was arrested for DWI a short distance away.

Showing Gratitude in Colorado – A driver stopped to let another vehicle back out of a parking space around 2:00 am in Boulder, Colorado. The 21-year old driver of the car that backed up sped off with tires squealing. The only problem is that the courteous driver who stopped was a police officer. The young man was arrested for DUI with a blood-alcohol content three times the legal limit.

Going in Circles in Florida – Police were called to a Jacksonville Best Buy early one Friday after witnesses called about a driver circling the parking lot, babbling incoherently and videotaping the crowd of people waiting for the store to open. There they found Jared R. Wright, 22, who locked himself in the car and said he could not get out. A police deputy smashed a window and pulled Wright from the vehicle. He was charged with Florida DUI and resisting arrest.

The Deer Hunter in Wisconsin – A 50-year old man dragged a dead deer into the Dodge County Sheriff’s Department around 8:30 pm asking to have it tagged. The department log said that the man appeared intoxicated so he was taken to a nearby hospital for a blood test. The hunter now faces OWI charges.

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West Texas Town Receives Grant to Fight DWI

The Texas Department of Transportation has issued a STEP grant to the Odessa Police Department. The Selective Traffic Enforcement Program (STEP) provides funds to local law enforcement to enable traffic safety campaigns. The money is typically spent fighting Texas DWI offenders.

The $40,838 grant will be used for over-time pay for officers who participate in DWI patrols nights and weekends.

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DWI Voids Insurance Claim

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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Sacramento Kings Basketball Coach Arraignment Postponed

NBA Sacramento Kings head coach Eric Musselman was due in court to face charges stemming from his October arrest for California DUI. The arraignment was postponed however at the request of his DUI defense attorney.

Rather than entering a plea, the DUI attorney requested additional time to investigate the accuracy of the Breathalyzer equipment used to determine Musselman’s blood alcohol content. Two breath tests supervised by California Highway Patrol officers indicated a BAC of 0.11. At issue is the calibration of the equipment.

Musselman did not have to appear in the courtroom. His next hearing is scheduled for December 20.

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New Drunk Driving Campaign Unveiled

Mothers Against Drunk Driving has made public its newest campaign in the fight against drunk driving. The national organization is seeking legislative change to require an ignition interlock device in vehicles of those convicted of DWI. Even for first time DWI offenders.

The strategy stems from persistent numbers of drunk driving incidents in the United States. A substantial reduction in DWI vehicular deaths was realized as public perceptions about drinking and driving were changed by a national campaign that started in the 1980’s. In recent years however the number of deaths attributed to DWI have not changed, leading some to feel that the threat of jail and fines is less and less of a deterrent.

The MADD effort will rely on technology to fight chronic drunk driving. Ignition interlock devices disable a vehicle if alcohol is detected. Many states already mandate the use the devices with repeat DWI offenders. New Mexico recently passed legislation requiring them after a first DWI conviction, which helped contribute to a double digit drop in alcohol related vehicular deaths in the state.

There are a number of ignition interlock systems on the market and several automakers are developing their own versions. Saab recently starting field-testing a device called an AlcoKey. The long-range goal of the MADD campaign is to see the development of interlock systems that are unobtrusive in both size and function. Susan Ferguson, with the Insurance Institute for Highway Safety, envisions a system that works automatically rather than requiring someone to blow into a tube every time they want to start an automobile. Future devices may be embedded in a steering wheel or gear shifter that detect the presence of alcohol through the skin.

Mark V. Rosenker, chairman of the National Transportation Safety Board, says, “We have to begin looking at some new, innovative ways to begin to bring (the number of alcohol related vehicular deaths) down.”

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Jaguars Player Apologizes for Florida DUI

Jacksonville Jaguars football player Khalif Barnes issued an apology for his recent Florida DUI arrest. “This is the last time you’ll see me in trouble,” Barnes said, “I’ve learned my lesson.”

Khalif was stopped early Saturday morning after passing a Jacksonville Sheriff’s deputy at speeds in excess of 100 mph. He failed a field sobriety test, and was charged with driving under the influence and ticketed for reckless driving.

Barnes is the third Jaguars player to have a run-in with law enforcement in the past three months. Barnes is practicing with the team and has said he takes no offense to the fact that the other two teammates were not suspended for their arrests. “That’s neither here nor there," Barnes said. “I took it and I dealt with it.”

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