Those convicted of Tennessee DUI are required by law to wear bright orange vests that state, ‘I am a drunk driver’ while picking up trash along highways. Now a task force has recommended the repeal of the ‘shame’ law.

A task force on DUI laws appointed by Tennessee Governor Phil Bredesen feels this portion of a law that went into effect last January is counterproductive and it does not keep someone from drinking and driving. Tom Kimball, a traffic safety resource prosecutor with the District Attorney General’s Conference says, “It might just cause more bitterness, which is common with alcohol issues.”

The task force, which includes members of law enforcement, district attorneys, courts and citizen organizations, recommended significant changes to the state DUI laws, including reinstating 48-hour jail sentences for first offenders. The law reduced the sentence to 24 hours of jail time and 24 hours of roadside work detail.

In all 25 changes were presented to the Governor. They must now be considered by the Tennessee General Assembly. The changes cover a range of DUI related issues, such as requiring first time DUI offenders to take DUI education classes; revocation of a driver’s license for those who refuse to take a breath test; prohibiting passengers from having an open container of alcohol; lowering the BAC threshold for mandatory 30 day jail sentence; and installation of ignition interlock devices when offenders record a blood alcohol content of 0.15 or higher.

Governor Bredesen said the panel did a “very good job” with the recommendations but acknowledged the prospect of getting some of them passed to be “politically problematic.” The governor has given the report to his legislative team to prepare for the next General Assembly session.

The DUI defense of Lawrence Prather was boosted by a judge’s decision to prevent the introduction of key drunk driving evidence. Summit County Common Pleas Judge Judy Hunter issued her ruling to dismiss blood test results from trial in response to a series of errors on the part of law enforcement.

Prather, of Akron, Ohio, lost control of his vehicle and crashed shortly after leaving a party with friends. His passenger, Dustin Kalstrom, was killed in the accident. Prather was taken by ambulance to a local medical center with non-life threatening injuries.

Though a blood sample indicated that Prather’s BAC was twice the legal limit, prosecutors were kept from introducing that evidence because Akron Police failed to collect the sample within a time frame mandated by law. Court records show that police missed a statutory two-hour deadline by 21 minutes.

Ohio law specifies the time limit so an accurate blood alcohol level can be determined closest to the time of a suspected alcohol related accident. Earlier this year, state legislators amended the law, increasing the time frame for blood collection to three hours. Because Prather’s accident occurred prior to the new law, however, it has no bearing on his case.

The errors on the part of the Akron Police did not stop there. They did not mail Prather’s driver’s license to Ohio Bureau of Motor Vehicles in Columbus within a mandated 48 hours so it could be suspended. That allowed Prather to continue driving while his DUI case is pending in court.

The mother of the accident victim, Doris Kalstrom, laments the mishaps, saying, “It’s more frustrating than anything else. Mistakes were made, and nobody seems to be trying to correct them.” Her frustration stems not only from her tragic experience but also from the knowledge that law enforcement officers do not seem to be learning from the past.

In a DUI related accident prior to Prather’s, Akron police collected blood samples at a medical center that does not have a lab certified by the Ohio Department of Health. The law requires lab certification before collected evidence can be admitted in a court of law. As a result, county prosecutors were forced to negotiate a plea agreement with DUI defense attorneys.

Though informed of this error by prosecutors and given the location of a certified lab, Akron police returned to the same medical center in the Prather case. DUI defense attorneys would have been able to void the results, even if the collection of Prather’s blood had taken place within the mandated time frame.

Prosecutors have asked the judge to reconsider her ruling, but there are no plans to appeal her decision to a higher court.

Denver County, Colorado court judge Johnny Barajas is facing a difficult situation. The judge once responsible for handing down rulings on drunk driving cases has himself been charged with DUI.

On Thursday evening Barajas rear-ended a pick-up truck that was turning right at a central Denver intersection. Fortunately no one was seriously injured though Barajas understood the ramifications of his action and notified his superiors.

Barajas is going to take time off away from the bench and he intends to seek long-term alcohol counseling. He fully expects to be treated as others arrested for Colorado DUI, including possibly losing his driver’s license and being subject to random alcohol testing. “I am ready to accept the consequences for my very, very poor and irresponsible choices,” he said.

A judicial disciplinary commission will review the Barajas incident. Its findings and possible sanctions could have a dramatic effect on Barajas future as a judge.

Khalif Barnes, one of the more consistent offensive linemen on the Jacksonville Jaguars NFL football team, has been charged with speeding and DUI. In response, the Jaguars benched the starting Offensive Left Tackle.

Early Saturday morning, Barnes was driving his 2007 Mercedes at speeds in excess of 100 miles per hour when he passed a Jacksonville Sheriff’s deputy and was pulled over. He failed two breathalyzer tests, showing a blood alcohol content of 0.12. The legal limit in Florida is 0.08. Barnes was arrested and released from the Duval County jail several hours later after posting a $500 bond.

Jaguars Head Coach Jack Del Rio said, “I thought he acted extremely selfishly from being out that late in the first place on a Friday night to putting himself and other people in our community at risk by the reckless driving. And on top of that he had the DUI citation.” The coach indicated that Barnes will also be fined, but he did not indicate an amount.

Barnes was a 2005 draft pick out of Washington and he had started 22 consecutive football games.

Barnes is the third Jaguar player to have a run in with law enforcement in the last three months. Cornerback Brian Williams pleaded no contest to Florida DUI in September. Defensive End Bobby McCray was arrested for reckless driving and possession of a controlled substance. The drug was a painkiller prescribed by the team physician though and the charge was later dropped.

District of Columbia Council member and former mayor Marion Barry entered a not guilty plea to DWI at an arraignment in D.C. Superior Court this week. Barry faces driving under the influence, operating a vehicle while impaired, operating an unregistered vehicle and misuse of a temporary tag.

The four charges stem from a September 2006 incident where Secret Service agents stopped Barry after he ran a stop light near the White House. According to an agency spokesperson, the Secret Service did not get an accurate blood-alcohol breath test at the time of the DWI arrest. Barry refused to provide a urine sample, citing concern for the chain of custody. Barry has stated that all tests that are a part of his supervised probation for a prior drug arrest have been clean.

After the September arrest, Barry said in The Washington Post that authorities were out to “embarrass and discredit” him. His sobriety was also called into question after a minor accident last May.

Barry is due back in court in early January though his DWI defense attorney has indicated an interest in negotiating a plea agreement with prosecution before the next court date. 

Dr. Richard Lundeen slammed into the rear of a vehicle slowed by a previous accident. Lt. Mike Nielson with the Indianapolis Police said the doctor was very impaired, but the extent astounded everyone.

A sample of Lundeen’s blood, taken at a hospital two hours after the accident, indicated a blood-alcohol content of 0.46. That is nearly six times the legal BAC limit.

That much alcohol in the bloodstream can be lethal, and it certainly refuted Lundgeen’s claim that he had consumed just one beer. Officer Nielson reflected, “I would not be conscious.”

Lundeen’s blood alcohol content was so elevated that he remained hospitalized until the next morning. Even then, 12 hours after the accident, his BAC was 0.24, or three times the legal limit.

Dr. Lundeen faces an Indiana DUI charge that will carry a more severe penalty for having a BAC above 0.15.

Worth a try in Wisconsin – A Lake Mills woman ended up in Waukesha (Wisconsin) County Jail after being stopped twice in 24 hours for driving drunk. Sarah Reich, 22, told officers, “You can’t arrest me for DUI, I’m coming from Alcoholics Anonymous.” In both arrests she was stopped just after driving past a police station.

Playing through in South Dakota – Tawanna Martin, 23, was charged with South Dakota DUI after driving a golf cart on a highway without lights around midnight. She ignored the officer’s flashing emergency lights until, according to police, she finally realized she could not outrun the squad car.

Full service in Illinois – A highly intoxicated driver rolled up to the security booth of the Braidwood nuclear power plant and asked the guard to fill his gas tank. Just a week before a drunk driver pulled up to the same security booth and tried to pay toll. Both drivers were arrested for Illinois DUI.

That’s what friends are for in New Hampshire – Frank Curran, 36, of North Hampton was arrested after an evening that included burglarizing a store for beer, driving while intoxicated and fracturing his drinking buddy’s skull. Curran beat up and then robbed a man he had met in jail a few months prior. He claimed in his defense that he is allergic to beer.

Resisting Arrest Aussie Style – After registering a blood alcohol level well above the legal limit, a man in Northern Territory, Australia ran onto the road, picked up a live snake and waved it at police officers. The driver refused to drop the snake and ran into the bush before being apprehended and charged with DUI. The official police report stated that the “driver allegedly armed himself with a live snake and threatened (officers).”

Getting a woozy feeling in Arizona – After Randall Raymond Perkins, 50, of Tempe was stopped for suspicion of DUI, police observed the driver ‘banging on the steering wheel and making unusually abrupt movements’. When asked for his license, Perkins said it had been suspended after two previous Arizona DUI convictions and he then continued acting irrational, screaming and placing his hands over his face. He claimed he was unable to perform any field sobriety tests because a fear of going to prison was making him faint and he needed to sit down.

Following his arrest for DWI and his dismissal from the Dallas Cowboy’s football team, free safety Marcus Coleman has issued an apology through a local newspaper. He text messaged his regrets to the Fort Worth Star-Telegram.

Coleman apologized to the Dallas Cowboy organization, as well as his teammates, family and friends. He offered special apologies to head coach Bill Parcells, stating that he let the coach down. Coleman went on to say that he knows Parcells cares about both his football and personal life. Coleman said, “I am very disappointed in this whole situation…I am responsible. And I will move forward to correct this matter so it never happens again.”

Coleman was stopped by Irving police early Saturday morning and, according to police reports, failed a field sobriety test. Coleman was an off-season acquisition by the Cowboys, adding stability and experience to their safety position. He played high school football for Lake Highlands in Dallas and he was a Texas Tech standout. Drafted by the New York Jets in 1996, his transfer to the Cowboys allowed Coleman to reunite with coach Parcells and to play for a hometown team.

Coleman has a previous Texas DWI conviction from 2004, while he was playing for the Houston Texans. Coleman faces an early December court date for his latest DWI arrest. He currently does not have a DWI defense attorney and he has stated he is not sure how he will address the situation.

If convicted, Coleman could be suspended by the NFL. Coleman, 32, wants to continue his football career but accepts he has to “square away” some issues. “I know what areas I need help in. I will address them. Again, I am sorry.”

The Dallas Cowboys football team announced that they have cut free safety Marcus Coleman after he was arrested for DWI early Saturday morning.

Coleman was stopped for a traffic violation around 2:40 am while traveling east on Texas Highway 114. According to Irving Police
Department spokesperson David Tull, “There were indications that (Coleman) had been drinking.”  The 11-year veteran out of Texas Tech also reportedly failed a field sobriety test. Coleman was released after posting a $500 bond.

The Cowboys immediately released Coleman and traveled without him to Phoenix for their Sunday game with the Arizona Cardinals.

Coleman started the 2006 season on the bench, serving a four game suspension for violating the National Football League’s substance abuse policy. He was not cut from the team at that time, partly because the back-ups for his position were both rookies. However, it is said that Cowboys head coach Bill Parcells warned Coleman that he would be cut if there were any incidents related to alcohol.

Coleman was selected by the New York Jets during the 1996 draft, when Bill Parcells was the Jets head coach. In 2002 Coleman was traded to the Houston Texans.

Arrest records show that during Coleman’s stay in Houston, Texas he was involved with two major traffic violations. He was arrested for DWI and convicted in Harris County, Texas in 2004. That same year he was arrested and received probation for driving with a suspended license after being stopped in Fort Bend County, Texas, southwest of Houston, Texas.

The District Court judges of Cumberland County, North Carolina, had a record of leniency in North Carolina DWI cases. In the most recent fiscal year, the two incumbent judges issued drunk driving convictions in 72% of the cases presented in their courtrooms. That is well below the state average of 92%, which raised complaints and concerns from law enforcement.

A former Fayetteville Police Chief said, “I think, at least, Cumberland County should be at or better than the state average because I know for a fact that generally the police officers in this area are well-trained, they have adequate equipment and generally the arrests
are scrutinized (and) are supervised.”

Voters obviously agreed. The latest election unseated the incumbents, as voters sided with two judicial candidates whose campaigns raised issue with the low DWI conviction rate.

North Carolina DWI defense attorneys are optimistic that the new judges will still balance the facts in drunk driving cases. They feel judicial ability to apply the law fairly will outweigh a political agenda.

Regardless of the intent and future decisions of the two new North Carolina District Court judges, DWI conviction rates are expected to rise in North Carolina. Starting in December, a series of new laws goes into effect that will increase the penalties for drunk driving and make it more difficult to avoid or reduce the charges.