Articles

Cincinnati Bengals' Football Player Arrested for DUI

Cincinnati Bengals linebacker Odell Thurman was arrested for drunk driving early Monday morning. Around 3 am a police officer working near a sobriety check point saw Thurman cross a double yellow line and stopped the vehicle for suspicion of DUI. Thurman was taken to the checkpoint where he was asked to perform a breathalyzer test. His BAC was 0.18, more than twice the legal limit. Thurman was released to a sober companion and teammate who drove him home.

The former University of Georgia player has been serving a four game suspension imposed by the NFL for a substance abuse violation. He had just one game to go before being allowed to re-join the team. Thurman could now be suspended for a year from the national football league.

Thurman is the sixth Bengals‘ player arrested in the past year and his DUI arrest occurred less than a week after NFL commissioner Roger Goodell visited the Bengals and reminded them of their responsibility to stay out of trouble. He asked the players to represent the league with honor.

Head coach of the Cincinnati Bengals, Marvin Lewis, said Thurman "just obviously doesn’t understand the privilege and the right to play in the National Football League."

The typical sentence for a first-time Ohio DUI offense is a short jail term, a fine of $500 and the requirement to participate in an alcohol education program. Thurman however could receive a tougher sentence because of his high blood alcohol content.

A court appearance for the DUI charge is scheduled for October 2, the day Thurman was to return to the team.

August 22, 2013

Odd Collection from the Police Blotter II

Niskayuna, New York – We wrote in last weeks’ ‘Shorts’ about the drunk driving arrest of Robert Werner, an officer with the Niskayuna Police Department. Well, he was charged with a second DWI after wrecking his vehicle. He initially had been suspended without pay for 30 days and allowed to return to work. Following the new DWI charges town officials "are not sure what they are going to do now."

Brighton Township, Michigan – Speaking of repeat performances, a Michigan woman was arrested for DWI twice in 26 hours. And she has a total of three DWI arrests in six weeks. In the latest incident Robin Brashears, 41, said she was on her way to an AA meeting and ran a red light because she "didn’t want to be late." Her blood alcohol content was 0.273 or more than three times the legal limit.

Baden, Pennsylvania – Following the lead of the two New York brothers who were charged with DWI after crashing into each other, two Pennsylvania cousins were arrested for DWI on the same night, on the same street, and by the same police officer. Amy Stead, 27, was charged with DWI around 1:00 am on Rotteck Street. Two and a half hours later Michelle Stead, 27, was also arrested for DWI on Rotteck Street. Police are unsure as to whether the cousins had been together that evening.

Redwood City, California – A Menlo Park man crashed his car into a tree while trying to exit US Highway 101 around 2:45 in the morning. Rigoberto Rodriguez suffered a broken ankle but still managed to run 500 feet in an attempt to avoid being arrested for DWI. He was found hiding in a small closet at a nearby International House of Pancakes restaurant. Rodriguez’ passenger, Oscar Mata, sustained a broken wrist and numerous lacerations and was found 300 feet from the crash scene.

May 26, 2012

Pennsylvania DUI Law Under Court Challenge

The State of Pennsylvania has a ‘first offenders’ program titled ARD, which stands for Accelerated Rehabilitative Disposition. The goal of the program is to keep certain first time offenders, such as those charged with DUI, from entering the criminal justice system. When an offender enters the program, the state suspends the charges. There is no admission of guilt and should the offender successfully complete all conditions of the ARD program, the charges are dismissed and the original arrest record can be expunged.

The mandated prohibition period under the ARD program was previously seven years. If someone was charged with a DUI in Pennsylvania, entered the ARD program and managed to not be arrested again for DUI within seven years, their record would be clean.

Having a clean record has a huge impact on how a subsequent DUI arrest would be handled. Because the original charges are only suspended under ARD, a second arrest within seven years would re-enact the first charge leading to two strikes. After seven years in ARD though, another DUI arrest would only be a first strike.

Then the Pennsylvania legislature extended from seven years to ten years the period of time that prosecutors can look backward for previous offenses. Despite warnings from DUI defense attorneys of potential problems, the new law went into effect in February 2004.

As predicted, a number of defendants are now challenging the constitutionality of the new law.

The basis of the complaints pertains to the changed ‘look back’ period for prior arrests. One defendant, Dean Pleger, was arrested for DUI in 1994 and he entered the ARD program in 1996. He understood that if he were to be arrested for DUI within seven years, his first arrest would come back into consideration. He successfully completed the requirements of the ARD program in 2003 and the 1996 charge was expunged from his record.

That should have meant that any subsequent arrest for DUI would be treated as a first offense.

Then Pleger was arrested again for DUI in 2004. It was after the Pennsylvania laws had changed and prosecutors were allowed to look back ten years for previous offenses. Pleger’s second DUI occurred more than seven years but less than 10 years after his first arrest and he was sentenced as a second offender under the new law.

His DUI defense attorney claimed that the new law violated Pleger’s due process rights. The county court agreed and Pleger’s sentence was altered.

"(Pleger’s) constitutional rights are violated because the commonwealth changed the terms surrounding the ARD agreement," states the opinion of court that was signed by Judge H. William White. Pleger upheld his part of the agreement when he accepted ARD and relied on the commonwealth to fulfill its part, according to the court order.

The matter is now before the Pennsylvania Superior Court.

May 27, 2012

NHL Star Arrested For Drunk Driving

Defensive star of the NHL Florida Panthers, Jay Bouwmeester, was arrested for drunk driving in Edmonton, Alberta, Canada.

Bouwmeester, 22, was arrested for drunk driving around 4 am last August near a popular nightclub area called Whyte Avenue. That same area was the scene of fan rioting following the Edmonton Oilers loss in the Stanley Cup finals to the Carolina Hurricanes earlier this year. Bouwmeester was seen swerving in his car by an off-duty police officer. His blood alcohol content registered above the legal limit of .08 and he was charged with impaired driving.

The DUI arrest is something of a surprise for a man noted for his reserved, soft-spoken demeanor. He has handled stardom from an early age and has been recognized as a team leader who sets a positive example both on and off the ice.

During a recent arraignment Bouwmeester did not appear in court. Instead, he was represented by his DUI defense attorney. No plea was entered, pending the defense team’s gathering and analysis of evidence from prosecution. A second court date has been scheduled for early October.

A native of Edmonton and a former junior star for Medicine Hat, Bouwmeester was selected third in the 2002 NHL draft. Last July a salary arbitrator awarded the 6’4" 210 pound defenseman a two year, $4.35 million contract. His speed, power and agility are considered outstanding, especially for someone of his size. The Edmonton Oilers are contemplating trading for Bouwmeester.

August 22, 2013

Georgia Golf Cart DUI

The city manager of Peachtree City, Georgia plead guilty to driving under the influence of alcohol in a golf cart. Bernie McMullen, with wine glass in hand, was arrested for DUI while driving the cart in the city amphitheater parking lot after a Temptations concert. He showed physical signs of impairment, though the officers were initially unsure how to handle the situation. After briefly considering calling for a cab, they elected to arrest McMullen.

McMullen pled guilty to misdemeanor DUI and possession of an open container of alcohol. He was sentenced to a 24-hour jail sentence, fined $800, received a one year probation and had his driver’s license suspended for one year. In addition he must complete forty hours of community service and subject himself to random alcohol tests. The Fayette County Court said McMullen could apply for a special permit that would allow him to drive to work.

McMullen had refused to provide a blood sample during the DUI arrest and his Georgia DUI defense attorney thought he had a reasonable defense. McMullen however wanted to accept responsibility for the incident and help the city move forward by agreeing to the negotiated plea deal. "I made a mistake," McMullen said.

Peachtree City is a planned community southwest of Atlanta, and it features 70 miles of paths for golf carts, bicycles and pedestrians.

August 22, 2013

Japanese Automaker Developing an Anti-Drunk Driving Vehicle

Nissan Motor Company is considering developing cars with special equipment that would keep intoxicated drivers from starting them. In response to a recent series of highly publicized accidents and an increasing concern about drunk driving in Japan, the automaker is studying several options intended to disable a car if the driver is impaired.

One consideration is a breathalyzer tube that the driver would have to blow into in order to operate the car. The device would be able to detect the presence of alcohol and subsequently prohibit the engine from being started. An alternative would require a driver to enter a long string of numbers before being able to start a vehicle. The assumption is that a drunk driver would have a difficult time remembering or entering such a personal code.

Nissan spokeswoman Ikue Matsuura said. ‘No specifics have been decided yet but we are considering developing models that would prevent car accidents, including drunk driving.’

In the United States there are several after-market technologies that can be applied to vehicles owned by chronic drunk drivers, including alcohol ignition interlocks. The difference in the Nissan strategy is that the device would be factory designed and installed.

There is no indication as to what portion of the Nissan fleet would come with the device, nor a time-frame for when such equipped vehicles would be offered for sale.

May 26, 2012

Questionable Accuracy of Breath Test Equipment Leads to DWI Dismissal

An Albuquerque, New Mexico man had his DWI arrest dismissed after a police officer was unable to testify in court as to how the breath testing equipment was maintained for accuracy.

The Intoxilyzer 5000 is a hand held device used across the state to determine blood alcohol content in the field. DWI defense attorneys have often challenged the accuracy of the equipment and the base calibrations used for determining if a driver is legally intoxicated.

The case stems from the DWI arrest of Joseph Lizzol who was initially stopped for inoperable taillights. During his trial in Albuquerque, New Mexico Metro Court the arresting officer not able to explain the maintenance procedures of the breath test equipment nor confirm its certification, thus calling its accuracy into question. In response, the court ruled that the results of the breath test were not reliable enough to be entered into evidence. Prosecution successfully appealed the decision in District Court, though Lizzol’s DWI defense attorneys took the case to an Appellate Court and received a favorable ruling.

Prosecutors feel it is not the responsibility of the police to know about the calibration and certification of the equipment. They have expressed concern that a higher burden of proof necessary for a DWI conviction will result from this case.

An Appeals Court Judge, however, said it is more of a matter as to how DWI cases are presented during trial. The law shows two ways to get a DWI conviction and, in the absence of the results of a breath test, testimony, field sobriety tests and other evidence can be used to prove drunk driving.

The ruling will assuredly be referenced repeatedly by DWI defense attorneys, making it necessary for prosecutors to change their case preparation. "It is what you would call very, very good defense work," said Linda Atkinson of the DWI Resource Center.

The New Mexico Attorney General’s Office has forwarded the case to the New Mexico Supreme Court.

August 22, 2013

Pennsylvania County Establishes DUI Task Force

Straddling the Allegheny Mountains, Somerset County is a large, mainly rural area in southwestern Pennsylvania. It is also home to some of the drunkest drivers in the state. In response, the county has unveiled a special DUI task force.

Eighteen municipal police departments countywide will work together in an attempt to reduce the number of drunk drivers on the road. Their efforts will be enhanced by close coordination with the Pennsylvania State Police. Many of the police departments participating have been issued portable breathalyzer equipment. A grant from the Pennsylvania Department of Transportation will help pay for additional equipment and officer pay for sobriety checkpoints and roving patrols.

The average blood-alcohol level for those arrested for DUI in Somerset County is the second highest in Pennsylvania. Drunk drivers have been the cause of two-thirds of the vehicular fatalities in the county.

"The figures speak for themselves," said Somerset Borough police Chief Randy Cox. "What we’re attempting to do is to stop looking at DUIs and other alcohol-related cases as individual, tragic incidents. We’re treating it as a problem that is facing the entire community of Somerset County."

The DUI campaign is scheduled to last for one year.

August 22, 2013

Police With a DWI of Their Own

Brielle, New Jersey – Patrick Flynn, 35, a former Point Pleasant Beach, New Jersey police officer admitted driving drunk and creating a five-car pile-up that sent ten people to the hospital. Flynn and four others received serious injuries. There was no evidence that Flynn had tried to brake before plowing into vehicles stopped for a bridge opening at a speed in excess of 75 miles per hour.

Nassau County, New York – Vincent Muscarnera, 57, a high ranking officer with the Nassau County Police Department, in New York recently returned to duty after a 30 day suspension for a DWI arrest. Muscarnera wrecked a police car after leaving a colleague’s retirement party and his blood alcohol content was two and a half times the legal limit. The 30-day suspension was the longest allowed by New York State law for a police official.

Centerville, South Dakota – Centerville, South Dakota Police Chief Nolan Clark, 26, was arrested for DWI at a sobriety checkpoint. Clark was also charged for having a loaded gun while intoxicated. He is still on duty though he is taking sick leave for the moment.

Fort Worth, Texas – Fort Worth police officer Amy Rodriguez, 31, was stopped and arrested for DWI in Keller, Texas after speeding. She was interviewed and released but an DWI arrest warrant was issued a few days later and she surrendered to authorities. Rodriguez has been on restrictive duty pending the outcome of the case.

St. Paul, Minnesota – Michael Conroy, 33, a St. Paul, Minnesota police officer was arrested for drunk driving and refusing to take a breath test. Conroy was stopped for speeding on his motorcycle and the arresting officer said he was "somewhat cooperative". Conroy remains on duty pending an internal disciplinary investigation.

Egg Harbor City, New Jersey – Sgt. Richard Arose of the Little Egg Harbor Township in New Jersey police plead guilty to drunk driving charges, ending his municipal court trial. His blood alcohol content was .017 or more than twice the legal limit. His DWI defense attorney argued the test is not precise.

Nishkayuna, New York – Robert Werner, 40, a veteran police officer with the Niskayuna Police Department in New York was suspended for 30 days without pay after being arrested for DWI by New York State Police. Werner was off duty when he wrecked his car in a ditch. His BAC registered .20.

Sherburn-Welcome, Minnesota – Police Chief Brad Hughes was charged with DWI after a complaint about his erratic driving. Hughes BAC was .25, more than three times the legal limit. He had two children, ages 2 and 5, in the back seat at the time of his DWI arrest. He has been placed on paid administrative lead.

May 26, 2012

Use Your iPod as a Breathalyzer

A California inventor has developed what may be the hottest iPod accessory for the coming holiday season. David Steele Enterprises has unveiled the iBreath breathalyzer that plugs into the dock connector of an iPod.

A tube folds out from the side of the device that you blow into, just like a breathalyzer machine used by the police. In a few seconds the iBreath provides a blood alcohol content reading, accurate to within .01. The portable breathalyzer has a timer to periodically remind you to check your BAC while partying to help you avoid a DWI.

The iBreath also features an integrated FM wireless transmitter that allows you to send your iTunes to an FM radio.

The device costs $50 and is available in black or white.

August 22, 2013