Sunday, June 29, 2008

DUI Crash Leaves Two Bystanders Dead

The Richmond Times-Dispatch reports that two people were dead after a May 24 crash in South Richmond that resulted in a 28-year-old man being arrested for driving under the influence and felony manslaughter.

Authorities say that shortly after 11:00 p.m. on the night of the crash, truck traveling eastbound on Snead Road ran off the road and struck a parked vehicle. The impact spun the car around, causing it to strike two people standing beside it.

Police say that Carmen Alejandro Garcia-Hernandez, the driver of the truck, attempted to flee the scene on foot, but witnesses detained him until the arrival of the police.

Police say that the victims, 40-year-old Joseph Owens and 44-year-old Catherine Jones, received transport to VCU Medical Center, but were pronounced dead at the hospital shortly after 1:00 a.m.

Former Virginia Tech Quarterback Marcus Vick Arrested For DUI

The Associated Press reports that on June 13, former Virginia Tech quarterback Marcus Vick was arrested on charges of driving under the influence and eluding police.

Police said that on the morning of the incident, a uniformed bicycle patrol officer spotted an altercation between Vick, 24, and a female in a car around 2 a.m. The officer asked the pair if assistance was needed then asked to see Vick's license. Police say he sped away, but was stopped not long after.

The police gave Vick a field sobriety test, which he failed, before charging him with driving under the influence, misdemeanor eluding police, reckless driving, driving on the wrong side of the road, and driving on a suspended license. Miami, Florida resident Delicia Cordon, Vick's passenger, was charged with being drunk in public.

Vick was kicked off the Virginia Tech football team after multiple brushes with the law and a reputation of misbehavior on and off the field. His college career ended after pleading guilty to traffic violations in Hampton, as he was under a "zero tolerance" policy at the time.

'Baby DUIs' To Receive Harsher Penalty In Virginia

The Washington Times reports that a new Virginia law will be one of the harshest in the country on minors caught driving under the influence.

Drivers who are caught with a "baby DUI" (being caught with a blood-alcohol content of 0.02 while under the legal drinking age) will face a a mandatory 12 month driver's license suspension, a jail sentence of up to 12 months, and a $2,500 maximum fine. The new law goes into effect July 1. The previous penalty is a minimum fine of $500 or 50 community service hours.

Delegate William Janis (R-Glen Allen), who introducted the bill, said, "Harsher penalties should go to those who choose to act recklessly."

Supporters of the new law noted that the old penalties were lighter than those for mere possession of alcoholic beverages. Under the new law, the penalties for both will be the same. Drunken driving (DUI) will be elevated to a Class 1 misdemeanor like underage possession.

Maryland and 12 other states have also adopted zero-tolerance policies.

NFL Receiver Dwayne Jarrett Pleads Guilty To DUI

North Carolina's WRAL TV-5 reports that NFL receiver Dwayne Jarrett of the Carolina Panthers entered a plea of guilty to driving under the influence, minutes before his trial was scheduled to start.

After appearing at the District Court of Mecklenburg County, N.C., Jarrett surrendered his license and was ordered to pay court costs of $420 and perform 24 hours of community service.

Jarrett is also to enter the first stage of the NFL's substance abuse policy, meaning that he is to be subjected to more frequent testing for drugs and alcohol.

Jarrett, 21, was arrested on March 11 in the Charlotte, N.C. suburb, Mint Hill. According to police, he crossed the center line and ran a red light. The police report says that his blood-alcohol level was .12, above the legal limit of .08.

Thursday, March 27, 2008

Florida Man Sentenced to Five Years for Multiple DUI Offenses

Ocala.com reports that on Tuesday, March 18, a 37-year-old man from Florida was sentenced to five years in prison as punishment for his fourth conviction of driving under the influence within the past decade.

The state sought a sentence of 10 years for Michael Douglas Duncan, who attempted to flee from the Ocala, Florida Police officer who tried to pull him over for operating his motorcycle while drunk. In February, he was found guilty of two third-degree felonies, one count of DUI and one count of trying to elude and resist the officer.

After his three previous convictions for driving under the influence, Duncan was labeled as a habitual felony offender and faced a potential maximum sentence of 20 years in prison. Circuit Judge David Eddy gave him the five year sentence, in addition to permanently revoking his driver's license.

Duncan pleaded with the judge, mentioning the his various losses he incurred due to incarceration, including a new home, a business, and time spent with his children. However, the judge dismissed his pleas, saying that he should have considered his children before choosing to get drunk, operate his motorcycle, and flee a Police officer.

Duncan will also have to pay a $2,500 fine in addition to court expenses. He also has to serve three more years in prison for a previous conviction for unemployment fraud.

Connecticut Lawmakers Hope Placing Breathalyzers In Bars Will Reduce DUI Offenses

Connecticut's the News Times reports that state lawmakers in Connecticut are hoping for a reduction of DUIs with legislation currently under consideration which would provide incentives for bar and restaurant owners to install Breathalyzers in their establishments. If the legislation is passed, it would be the first of its kind in the U.S.

State Sen. Arthur O'Neill (R-Southbury) said he believed the idea to be "very interesting" and said that it could reduce the likelihood of someone drinking and driving.

In the case of a patron getting into an accident due to driving under the influence, the proposed incentive would cut the maximum liability of a liquor permit holder from $250,00 to $100,00. However, the breathalyzer's use would be voluntary and results would not be permitted in criminal or legal proceedings.

According to O'Neill, it would allow for bartenders to deny patrons further drink service until the test is taken. He noted that they are supposed to be trained to be able to tell when a patron has had too much, but when busy, that can be difficult.

Bar and restaurant owners with liquor permits would also be required to post signage which would notify patrons that the establishment would arrange transport for patrons who need a ride home at the customer's expense.

Bethel, Connecticut restaurant owner Dan Mottola says that he has always made it a point to find transportation for customers who have drank too much, even it requires that he has to drive the person himself. He says that monitoring drinking is easier for smaller bar areas like his, but the legislation would be helpful in larger establishments in which monitoring alcohol consumption is more difficult.

Mottola said the legislation would be worth considering if it prevents people from driving drunk, getting into wrecks, and causing harm to others "as long as it doesn't become invasive of personal rights."

Virginia Legislature Revives Bill To Install Ignition-Interlock Devices In Vehicles Of First-Time DUI Offenders

The Henrico Citizen reports that the Virginia Senate Courts of Justice Committee recently reconsidered and revived legislation which would require all offenders of driving under the influence, even if it is their first offense, to have ignition interlock devices installed in their vehicles. The legislation was passed by both chambers.

On March 3, the Senate Courts of Justice Committee reconsidered House Bill 1442, which the House had already passed. The following day, the Senate passed the bill with substitute legislation and the House passed it unanimously a day later.

The revised bill not only requires the implementation of ignition interlocks after the first DUI conviction, the administrative fee is also raised from $20 to $75.

If the convicted driver is indigent or prohibited from driving a school or commercial vehicle, the bill also allows for the device's cost to be paid out of the criminal fund.

Also added to the bill, which will go into effect on October 1 of this year, is that a $30 monthly fee will be mandatory for the DUI offender.

Delegate Salvatore Iaquinto (R-Virginia Beach), the sponsor of the bill, says that ensuring DUI offenders do not repeat the offense is the only way to ensure that convicted offenders no longer harm people. He believes the legislation will fill that purpose and make Virginia's roadways safer.

The alcohol-ignition interlock device is essentially a Breathalyzer linked to a vehicle's ignition system. The vehicle will not start until the driver blows into the device. Then, the driver's blood-alcohol level must be below the set limit of 0.02 for the vehicle to start.

Under current Virginia law, ignition interlocks are required to be installed in the vehicles of multiple DUI offenders or first-time offenders whose blood-alcohol level registers above 0.15, which is nearly twice the legal limit of 0.08.