Articles

Nickleback

Chad Kroeger

May 26, 2012

Drunk Boating the Same as Drunk Driving in Texas

On the eve of one of the busiest boating holidays in Texas, state officials want to remind everyone heading to the lake that operating a boat while intoxicated (BWI) is just as punishable as a driving while intoxicated (DWI). Capt. Scott Haney, who is in charge of the Fort Worth District for the Texas Parks and Wildlife Department, states "people just don’t think of drinking and driving a boat the same way they do in a car, which is wrong." Both require skills that can be impaired by drinking, and he affirms "the laws are the same."

The legal threshold for blood alcohol level while boating is .08, the same as driving. Being arrested for boating while intoxicated can result in a jail term of 180 days and a fine of up to $2,000. In addition, a person’s driver’s license can be suspended for refusal to submit to a breath test if stopped for suspicion of boating while impaired.

The consequences of drunk boating can be as deadly as drunk driving too. On August 18 Britteny Lindt was enjoying a day at the lake when she was run over and killed by an intoxicated boater. The 15 year old was in an inner tube being pulled by a jet-ski on Lake Lewisville, north of Dallas, when she fell off. Before the watercraft could come to her aid, Lindt was struck by an 18 foot boat piloted by Adrian Allen Walker.

"Boating while intoxicated is a problem every weekend, not just holiday weekends," Haney said. In a five county area of North Texas patroled by Texas Parks and Wildlife there were 62 tickets issued last year for boating while intoxicated. This year that number is closer to 45 with the majority of citations issued on Lake Lewisville and Lake Texoma.

Texas Parks and Wildlife wardens will be supervising activities on area lakes over the upcoming Labor Day weekend. Their jurisdiction is established by the Texas Water Safety Act. On Lake Lewisville their efforts will be aided by officers from the Denton County Sheriff’s Office.

May 26, 2012

New York DWI Offenders to Get Electronic Bracelets

Nassau County, New York is following the lead of neighboring Suffolk County by implementing use of a special ankle bracelet in its campaign against drunk driving. The alcohol sensing bracelets will be issued to 50 of the county’s most serious DWI offenders.

The 8-ounce devices, called Secure Continuous Remote Alcohol Monitoring or SCRAM, are designed to sense alcohol through perspiration in the skin and alert law enforcement of a probation violation. The bracelet takes random samples throughout the day and the wearer will be required to electronically connect with a police computer at least once a day. The information will be downloaded to a central database that can be reviewed by probation officers at any time to check for presence of alcohol. Attempts to tamper with the bracelet can also be monitored.

The bracelets cost between $50 and $100 to purchase and install and Nassau County plans to spend $80,000 on the bracelet program during its first year. The equipment is being purchased with grant from the state, though some local officials are considering charging wearers for part or all of the related costs.

New York DWI defense attorneys have recently been critical of the drunk driving policies of Nassau County District Attorney Kathleen Rice, citing them as overreaching. A lawsuit has even been filed alleging violation of defendants’ rights by the district attorney. On the issue of the bracelets, New York DWI defense attorneys are mixed. Some say if the devices are used to target the most serious DWI offenders and they are used properly, it could be an alternative to jail. Others ponder constitutionality and the ability to electronically analyze the wearer’s body information for more than alcohol. Rice counters that the county needs "modern tools and a modern approach to fighting the epidemic that is drunk driving on Long Island."

The head of the Nassau County probation department said that officers will continue conventional checks of those wearing the bracelets to enforce conditions of the court and to further deter offenders from drinking and driving.

August 22, 2013

Houston Signs Warn of DWI Areas

The Texas Department of Transportation has expanded its program of posting signs in Houston that warn drivers of dangerous areas with high incidents of driving while intoxicated (DWI).

Last year traffic officials installed DWI signs on the north side of town, along FM 1960. A new round of DWI signs were recently installed on US 59-Southwest Freeway near its intersection with West Loop. The Houston DWI signs read ‘Caution next seven miles. Since 2003, 23 people killed in alcohol related crashes’. It also implores viewers to report suspected drunk driving.

The stretch of US 59 between the West Loop and the Beltway features many bars and restaurants, and the traffic can be heavy well into the late night hours. Another influencing factor in the number of drunk driving accidents is the proliferation of after-hours bars in the area.

Of the 226 traffic deaths in Houston last year, 62% involved drunk driving. The number of alcohol related deaths is so great it has earned Houston-Harris County the title of DWI capital of the US.

May 26, 2012

Tennessee DUI Suspect Flashes Sheriff's Badge

We’ve all hoped for a little edge that might get us out of a ticket after a police traffic stop. Maybe a sticker citing support for a police benevolent group or a certain bumper sticker. How about a sheriff’s badge?

James A. Cline of Collierville, Tennessee was stopped for suspicion of DUI when police discovered a Fayette County sheriff’s badge on the dashboard. The problem is that Cline is not a sheriff or even a deputy. According to the police report he told the officers that the badge and accompanying identification card were gifts from the Fayette County Sheriff to help "get out of tickets."

"That’s not exactly the way I said it," Cline said later.

The original owner of the badge, Sheriff Bill Kelley admitted that he gave Cline the badge as a "complimentary-type thing." Possessing the badge does not entitle the bearer to arrest anyone or to carry a handgun. When asked if the badge provided Cline with a way of avoiding traffic tickets, Kelley said, "that was never said to him by anybody

here."

Cline was stopped just after midnight last Saturday for suspicion of DUI after crossing the centerline twice. A strong presence of alcohol was detected and Cline had difficulty maintaining his balance. He was charged with driving under the influence(DUI), having an open container and refusing to take a breath test, as well as weapons charges.

There appears to be an unwritten code for a law enforcement officer not to ticket another officer or a friend of the sheriff for a minor traffic offense. The issue of honorary badges has been a hot topic across the State of Tennessee after it was reported that Tennessee Highway Patrol officers routinely provided badges to the politically

connected and to friends.

Cline said the badge "just happened to be on the dash."

May 26, 2012

Supermodel Blames Bad Breath for DUI

Last December model Caprice Bourret was charged with DUI in London which lead the 5’11" blonde and her DUI defense attorney to mount a novel defense. During a recent court appearance before the Highbury Corner magistrates court they said it was all due to a reaction to a prescription drug and bad breath.

The 34-year-old model, known for her Wonderbra ads, admitted drinking nearly two bottles of red wine with lunch, and attending a party later in the day where her glass of wine was topped-off several times. She even added that she consumed a full glass of wine in the last 15 minutes of the party, which ended at 3:45 in the morning.

When stopped by the London police on Tottenham Court Road, a breathalyzer test indicated that she was one and half times the legal limit.

Though Caprice initially told police she was not on any medication, she and her DUI defense attorney later speculated that it was a reaction to Cipro that impacted her body’s ability to metabolize alcohol. She said she only realized that the tablets must have affected her after a chat with her mother, yet she also claimed that she did not want to divulge private and ‘embarrassing’ information to the police because she was sure they would tell all of England. Cipro is used for treating urinary tract infections.

An empty prescription bottle was presented to the court last Friday. The date on the label was March 29 of this year.

Caprice’s DUI defense attorney also noted that her arrest was simply the result of ‘alcohol halitosis’. He boldly stated that there "is a total absence of any suggestion of intoxication in this case."

District Judge Emma Arbuthnot disagreed and rendered a guilty verdict in the charge of drunk driving. That led to a mandatory suspension of Caprice’s driver’s license for 12 months.

After the verdict, Caprice said "obviously I’m really upset at the whole incident. I had to disclose a lot of personal information and for me it was a really painful experience."

August 22, 2013

Country Music Star Gets Deal on DUI Charges

DUI defense attorneys for country music star John Michael Montgomery negotiated a plea agreement with prosecutors. His lawyers used what is called an Alford plea under which Montgomery did not admit guilt but accepted that the prosecution probably had enough evidence to secure a conviction on his DUI arrest. A trial had been set for September but Montgomery, 41, indicated that he was concerned about the effect of the publicity on his family.

As part of the plea agreement, charges of having a concealed weapon and possession of a controlled substance were dismissed.

Because it was Montgomery’s first DUI offense, his fines and court costs totaled a little more than $650. He must enroll in an alcohol education program, and his license is suspended until completion of that course.

Momtgomery’s case stems from a DUI arrest in Lexington, Kentucky last February. The Kentucky native performed at the Austin City Saloon, where he played regularly before becoming a star. As he drove to his Jessamine County home south of Lexington, police observed him swerving and running a red light. After being stopped he purportedly failed a field sobriety test.

The police also found two guns and Valium in a bottle labeled Endocot. The prescription for the painkiller Endocot was in someone else’s name.

Montgomery’s Kentucky DUI defense attorneys said the singer just did not have the permits for the gun with him at the time of the arrest, and that the pills were for recovery from a recent hip replacement.

There were several unusual irregularities surrounding the case. The arresting officer was at the same bar that evening, listening to Montgomery, but had made no attempt to question the performer’s sobriety or stop him from driving drunk. There was also concern that Montgomery’s property was not properly handled during booking.

In what eventually led to an internal police investigation regarding improper procedures, fellow police officers posted MySpace comments congratulating the arresting officer for the nabbing of a celebrity. An altered photo of Montgomery was also posted.

Prosecutors said they had sufficient evidence to proceed with a trial on the DUI case and were not concerned about the questions surrounding the arrest. Since Montgomery did not submit to a breath, blood or urine test, the prosecution’s case would have relied heavily on the results of the field sobriety test.

Montgomery, whose hits include "I Love the Way You Love Me," "I Swear" and "Sold (The Grundy County Auction Incident)", indicated through his DUI defense attorneys that he was relieved the issue was over.

May 26, 2012

Virginia Students Employed to Monitor DUI Courtroom Actions

Citizens in eastern Virginia felt that ticketing drivers for operating vehicles while under the influence was only part of the solution to drunk driving. They wanted to make sure that the judges overseeing DUI cases applied suitable punishment and appropriately enforced the law. To help in that effort, students from the Tidewater Community College were employed to monitor the decisions and actions of judges in Chesapeake, Norfolk and Virginia Beach courtrooms.

Besides keeping an eye on the judges, DUI cases on the court docket are identified and background information on the defendants is compiled, including previous criminal records and resulting verdicts. That information is shared with state and national offices of Mothers Against Drunk Driving, which maintains a large computer database.

The Virginia monitoring program was started by Linda Walsh, the vice chair for the state chapter of MADD. Basing her model on a national MADD program of courtroom monitoring, Walsh turned to college students studying criminal justice for the actual labor. Students from the TCC Virginia Beach campus spend 80 hours a semester monitoring courts for which they earn class credit in the Administration of Justice curriculum.

The goal is make sure existing laws are used to combat drunk driving. They are motivated by a concern over suitable punishment not being handed down in DUI cases, citing the fact that traffic accidents involving alcohol have not declined that much even with an increase in law enforcement efforts. They are also concerned about chronic alcoholics and repeat offenders getting back on the roads. They want the courts to hold up their end of a process that started with an arrest by police officers.

Alcohol related vehicular deaths have dropped in Virginia Beach and the monitoring program generally approves of the performance of the area judges.

August 22, 2013

F1 Race Car Driver Stopped for Drunk Driving

Wisconsin Moves to Make First DUI a Crime

Nickleback

Drunk Boating the Same as Drunk Driving in Texas

New York DWI Offenders to Get Electronic Bracelets

Houston Signs Warn of DWI Areas

Tennessee DUI Suspect Flashes Sheriff's Badge

Supermodel Blames Bad Breath for DUI

Country Music Star Gets Deal on DUI Charges

Virginia Students Employed to Monitor DUI Courtroom Actions