Last year, Texas Department of Transportation began a sign program memorializing victims of drunk drivers. The effort was intended to have a safer alternative to homemade memorials. Federal law, however, states that such signs can only remain in place for one year. That has lead families who have lost loved ones to driving while intoxicated offenses, as well as the state legislature, to take action.

The Federal Highway Administration says that permanent memorial signs are only permitted in locations with parking, such as recreation areas, rest stops and scenic overlooks. Such signs are not permitted on roadways for the safety of motorists and because of operational concerns. Families and friends of drunk driving victims say the signs are a form of remembrance and believe the signs should be left up permanently.

TxDOT says that a number of memorial signs have passed the one-year mark though there is no concerted effort to immediately remove them. Officials are now waiting until summer to see if the state legislature passes a law doubling the time the TX DWI memorials can remain in place. The bill is scheduled to be out of committee by May 11.

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Legislation was introduced yesterday calling for the mandatory installation of ignition interlock devices for everyone convicted of driving while intoxicated in New York. Senate bill S.27-b/A.7196-a would require the installation of ignition disabling devices in vehicles owned by DWI offenders who had a blood alcohol content at or above the legal threshold of .08%.

The bill’s authors say that not enough has been done to reduce drunk driving in NY. They recite information from MADD claiming that ignition interlock devices have significantly reduced alcohol related accidents. The NHTSA statistics, however, reflect that the majority of those arrested for DWI never repeat the offense.

The proposed legislation passed the Senate Transportation Committee Tuesday and has not been debated by the full body. If passed, New York will become the eleventh state to require ignition interlock devices following a conviction for DWI.

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While at an after-party for a costume gala held at the Metropolitan Museum of Art in New York City on Monday night, Keifer Sutherland confronted and then head-butted clothing designer Jack McCollough. The action left McCollough with lacerations on his nose. Sutherland claimed that he was only coming to the assistance of actress Brooke Shields, saying that McCollough had knocked her over. That motive came into question however when Shields’ spokesperson said nothing had happened between her and Mr. McCollough.

Sutherland, star of the television drama ’24’, is on probation for 2007 conviction for driving under the influence in California. It was his fourth arrest for DUI. It is not known if the incident in New York will be considered a violation of his probation agreement.

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A Walhalla, South Carolina police officer has resigned following his arrest for driving under the influence. Lt. Scott Stanley was charged with SC DUI last weekend by the state highway patrol following a single vehicle accident.

Stanley reportedly had picked up his daughter from elementary school and was driving to pick up another of his children when he ran off the road and hit a culvert. No one was injured in the accident though responding officers suspected impaired driving. Stanley

The personnel records of two officers with the Chico Police Department are being examined by a judge in response to complaints filed by those arrested for suspicion of driving under the influence in California. Officers Travis Johnsen and Anthony Ferreira are alleged to have exaggerated or fabricated the reasons they stopped motorists and they purportedly failed to inform motorists of their legal option to a breath test, instead coercing them into submitting to a blood test. In addition, several women claim gender bias and inappropriate touching.

Over the city’s objections, Butte County Superior Court Judge Gerald Hermansen ruled on Monday that there was enough cause to warrant a full review of the officer

In April, Atlantic Beach Florida conducted enhanced patrols looking for suspected drunk drivers. A spokesperson for the police department said that too many people die from DUI in Florida and the patrols targeted an area where incidents of driving under the influence were known to occur.

The patrols were conducted as a combined effort of the Atlantic Beach Enhanced DUI Enforcement Initiative and the Florida DUI Sustained Enforcement Campaign. The goal was to apprehend all suspected impaired drivers and to send a message that those who plan on drinking need to use public transportation or taxis, or assign a designated driver.

Statewide statistics show that during 2006 16,319 people were injured and 1,099 were killed in automobile accidents involving alcohol.

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Woman bares chest during Florida DUI stop

For years, DWI defense attorneys in Minnesota have been requesting access to the computer source code used in breath testing equipment during drunk driving arrests. On Thursday, the state Supreme Court issued an opinion on whether the code could become evidence in a DWI case.

The high court empowered judges to decide if access to the code was relevant to the defense in a specific MN DWI case. Defense lawyers must provide information showing the software

A judge has denied an attempt to reinstate charges of driving under the influence in Illinois against a defendant. Franklin ‘Mitch’ Durr was arrested for IL DUI on April 22, 2008, and a plea bargain with the prosecutor lead to the DUI charge being dropped in exchange for a guilty plea to improper registration and a fine.

The Madison County State’s Attorney, William Mudge, later learned that Durr had a 1999 conviction in Missouri for involuntary manslaughter involving alcohol and 1985 judgment on a suspected DUI. Mudge said he would not have entered into the plea agreement with Durr had he known about the prior incidents, and he sought to have the order accepting the plea agreement vacated. A judge did grant the motion to vacate the acceptance order but another judge ruled that the decision did not dispose of the original plea agreement. Durr was given the opportunity to enter his plea again, under the original agreement.

The judge barred an effort by the state to pursue a new charge of drunk driving in Illinois, citing the defendant’s right against double jeopardy. Durr’s Illinois DUI defense attorney had argued over seven months ago that the 2008 charge was weak, as there was no evidence to prove his client was driving while intoxicated and the video of the arrest did not conclusively indicate impairment.

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The Texas state legislature is debating a proposed law that would allow veterans charged with a crime to seek special handling. Instead of conventional adjudication and sentencing, the veterans would be eligible for pre-trial diversion and deferred adjudication. In addition, if the veteran completes certain conditions, records of the crime would be destroyed.

The measure seeks to offer a second chance to combat veterans possibly suffering from mental illness, like post traumatic stress disorder, or a head injury. Prosecutors would have to agree to enrollment in a special program and the veteran would have to successful complete conditions of the program. Having the arrest expunged would mean the veteran would not have a criminal record, a benefit when attempting to secure housing, apply for a job and retain military benefits.

Prosecutors across the state question the law, asking whether it provides special handling of crimes like driving while intoxicated in Texas, that are not available to non-veterans with mental illness. A Texas judge, who is a veteran, rejected that attitude, saying it comes from people who have “never carried a 60-pound rucksack and an M-16 into battle.”

Pre-trial diversion is already available to district attorneys and judges, though it is used sparingly. The bill’s author hopes it makes prosecutors give additional thought to legal options.

Objections have also been raised to the destroying of criminal records, and the option of sealing the records has been debated. In Texas however, sealed records can be viewed by many entities, which could lead to problems in qualifying for military benefits. To complicate the issue, the military has yet to openly acknowledge potential problems with post traumatic stress disorder in veterans.

The bill was fast-tracked on a special legislative calendar until lawmakers realized it was a substantial enough change in existing Texas law to require debate by the full Senate.

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