Mailman Busted for Arkansas DWI

Drunk DrivingA Van Buren mailman was charged with driving while intoxicated in Arkansas last weekend. Billy Kenneth Seabolt was driving a government postal van when he was stopped on suspicion of AR DWI. Seabolt, 56, was booked for Arkansas DWI-2 because of a 2005 conviction for drunk driving.

The Van Buren police said the mail vehicle was recovered by the US Postal Service following the DWI arrest.

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Judge Dismisses Texas DWI Against Former Lawmaker Mike Krusee

Mike Krusee DWI DismissedRetiring Republican legislator Mike Krusee had his charges of misdemeanor Texas drunk driving dismissed by a judge. Judge Chuck Miller, assigned to the case as a visiting judge to the Williamson County court, found that the prosecution presented insufficient evidence.

Krusee was arrested for suspicion of driving while intoxicated in northwest Austin on April 30, 2008. He was reportedly driving erratically prior to a traffic stop and had expired vehicle registration. The officer detected alcohol and noted that Krusee’s eyes were bloodshot. Krusee failed three field sobriety tests though he refused to submit to a breath test, which left the arresting officer’s testimony and the dash-cam video as the only evidence in the case. Krusee’s DWI defense attorney argued that his client’s stumbling and field sobriety test errors may have been caused by the wind that was apparent in the video and that the videotape evidence was inconclusive for a DWI conviction. The judge agreed.

The percentage of DWI arrests in Williamson County that are dismissed is about 30%. Some of those are plead to lesser charges so a complete dismissal such as Krusee received is unusual.

In 2003, Krusee lead the effort to enact a driver responsibility program in Texas calling for stiff surcharges against those found guilty of drunk driving. It included a $1,000 charge for a first conviction of driving under the influence in Texas, and a $1,000 fee for each of three years payable to the Department of Public Safety in order to renew a driver

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Utah DUI Related Fatalities Lowest In Nation

Drunk DrivingA report to be presented to state legislators indicates that Utah has the lowest percentage of fatalities attributable to driving under the influence. With the most recent figures show the United States average is 41%, Utah DUI accounts for 22% of road fatalities.

The report is the sixth such accounting. It indicates a slight drop in drunk-driving related fatalities from 2006 to 2007. It also shows an increase in the number of arrests for driving under the influence in Utah; up 639 arrests to a total of 15,300. The fiscal accounting period ended June 30.

If you have been arrested for DUI in Utah you need a UT DUI Lawyer.

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Heather Locklear Formally Charged with California DUI

Heather Locklear DUI ChargeThe Santa Barbara District Attorney’s Office has filed a formal complaint against Heather Locklear, alleging that she was driving under the influence of a prescription drug.

Locklear was arrested on September 27 in Montecito after a paparazzo called to 911 about erratic driving. The caller later photographed Locklear’s California DUI arrest. According to the arresting officer with the California Highway Patrol, Locklear was obstructing a traffic lane and appeared disoriented. While alcohol was ruled out, the actress failed a field sobriety test and drugs were suspected.

She was booked on misdemeanor charges of driving under the influence of drugs and being under the influence of a controlled substance. No alcohol or illegal narcotics were present in her blood test and the latter charge was dropped, though prescription medications were discovered. The filing of formal charges was delayed while waiting for a full investigation and the results of a toxicology test. Locklear will be formally arraigned January 26, 2009.

Locklear, 47, appeared on many television shows, including ‘Dynasty’, ‘Melrose Place’ and ‘TJ Hooker’.

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Budget Cuts Slow Processing of Georgia DUI Cases

Drunk DrivingDue to budget cuts and consolidation of forensic and medical examiners locations, The Georgia Bureau of Investigation crime lab in Augusta has been forced to service an additional five new counties. That brings the total number of counties under its jurisdiction to 19, straining blood testing at the lab. That in turn has affected the processing of evidence in cases of suspicion of driving under the influence in Georgia.

The average processing time for a blood test was four to five weeks before the additional caseload was assigned to the Augusta lab. Now the average is 12 weeks, with some cases taking as long as 25 weeks. Prosecutors can not proceed with cases of Georgia DUI without toxicology results and the criminal justice system has slowed dramatically.

The budget cuts that lead to the increased workload at the Augusta facility were due to a shortfall in state revenue that has been described as

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Oklahoma Highway Patrol Has New Tool in Drunk Driving Detection

Drunk DrivingOklahoma State Highway Patrol troopers are being given hand-held breath testing equipment to check for drunk drivers. Called a Preliminary Breath Test device, or PBT, an officer has a suspected intoxicated motorist breath into a plastic tube. The device then determines the blood alcohol level of the driver. If the equipment reveals a BAC above the legal limit the officer will then proceed with an Oklahoma DUI arrest.

The machine gives four responses; Pass, Alert, Failed and High. The Alert indicates a small presence of alcohol, Failed indicates a BAC of .08 to .149 and High reflects a BAC of .15 or higher. Under Oklahoma DUI law, the latter would qualify for charges of aggravated DUI. Prior to the issuance of the hand-held devices, State troopers would conduct field sobriety tests. A drunken driving suspect would then be taken to a county jail for booking and asked to submit to a breath test using the Intoxilyzer 8000. While the new device are approved by the National Highway Traffic Safety Administration as evidentiary breath testing equipment, the Highway Patrol will only use it to determine suspicion of driving under the influence, and still rely on an Intoxilyzer test for evidence that can be used in court.

The new equipment provides a lightweight, hand-held device that is easy and convenient to use in the field. Thirty-two of the $400 devices have been issued to Oklahoma Highway Patrol troopers in Bryan County.

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NY Giants Football Player Charged with DWI in New Jersey

NY Giants DWI in NJKareem McKenzie, starting right tackle for the New York Giants, was arrested for driving while intoxicated in New Jersey on Thursday evening. McKenzie reportedly cut through a gas station and was stopped by Little Falls Township police. He submitted to a breath test and registered a blood-alcohol content in excess of the .08% legal limit for intoxication.

McKenzie is a native of Trenton, New Jersey. He played for Penn State and an eight year veteran with the NFL. McKenzie has played all but three games for the Giants since joining the team for the 2005 season. The Giants organization has indicated McKenzie will play during this week

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Deputy Charged with Minnesota DWI in Hennepin County

Deputy Arrested for MN DWIHennepin County Deputy Stacy Donald Braun has been placed on paid administrative leave after being arrested for suspicion of driving while intoxicated in Minnesota. Braun was stopped for erractic driving near Otswego in suburban Minneapolis around 11:00 pm.

Braun was booked at the Wright County Jail on charges of drunk driving. The results of a blood test are pending.

Braun has been a deputy with the Hennepin County Sheriff’s Department since 1993. He has a prior conviction for careless driving stemming from a DWI arrest on New Year’s Day 1995.

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Peculiar Drunk Driving Articles for the Week of November 14, 2008

Drunk DrivingDriver of beer truck nabbed for Colorado DUI

Bobby Dodge was driving a semi-truck loaded with beer when he overturned on a curved off-ramp. While not injured he was charged with driving under the influence in Colorado. The interstate exit was closed for 5 hours though no beer was spilled.

NH DUI after leaving driver

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Thousands of Arizona DUI Cases May Be Dismissed Because of the Intoxilyzer 8000

Intoxilyzer 8000CMI, the manufacturer of the Intoxilyzer 8000, is facing a challenge over the reliability of its equipment that could impact thousands of cases of drunk driving in the Tucson area. The breath test equipment is one of the alcohol detectors used by law enforcement agencies in the state. Arizona DUI defense attorneys have asked for the equipment’s source code on behalf over a number of defendants with cases pending before the Pima County Superior Court.

Twelve years ago a similar challenge to another breath testing machine lead to the dismissal of approximately 5,000 cases of drunk driving in Tucson over several months. The Intoxilyzer 8000 offers a portable piece of equipment to test blood alcohol content of motorists suspected of drunk driving. The Intoxilyzer 8000 is used by most law enforcement agencies in Arizona, as well as seven other states and three government agencies.

The source code used in the Intoxilyzer 8000 has come under challenge from several states. The code is changed for each state to reflect local liquor laws and equipment specifications. Since being implemented in Arizona, the approved version of the equipment’s code has been changed multiple times. It is feared that errors and code-based assumptions made by the computer could lead to inaccurate BAC readings and thus false charges of DUI. Even CMI has testified that that there are problems with the latest software version. CMI has been ordered buy several courts across the United States to provide the source code of its equipment, but has refused. The company has accumulated more than $1 million in fines in Florida alone for refusing to cooperate with a court order.

Prosecutors defend the equipment, with one Pima County official stating that the software has been tested by the Arizona Department of Public Safety and the federal government

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