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.

Evidence from a "Forced" Blood Test Tossed by Massachusetts Judge in DUI Case

A Fitchburg, Mass. police officer faced a mountain of incriminating evidence in a May 2007 drunk-driving arrest: a wrecked pick-up truck that he crashed into a telephone pole, a BAC reading of .168, slurred speech, red, glassy eyes and breath that smelled of alcohol.

But the only thing District Court Judge Andrew Mandell was concerned with was how the BAC was obtained. When attorneys filed a motion to suppress the breath test results because blood was taken in a hospital without the defendant’s consent, the judge agreed.

So James Scesny, a police officer with the Northborough Police Department, was found not guilty of the charges and since has applied to rejoin the force.

"Ouch, You Can't Do That"

On the night of the accident, Scesny was transported to Clinton Hospital, where nurses drew his blood. At the time, the officer did not consent to the blood test since he maintained it violated federal, medical privacy laws, according to the Metro West Daily News.

Lawyers for Scesny argued, "When hospital staff mentioned blood alcohol testing to the defendant, he stated he wanted to think about it and that he wanted to contact a lawyer," the motion stated. The attorneys also argued, "Any results from blood drawn by hospital staff for medical purposes is shielded by the Health Insurance Portability and Accountability Act (HIPAA)."

Clinton District Court Judge Martha Breenan agreed with Judge Mandell that, without the BAC test, remaining evidence was insufficient to convict. The defendant was left with a $250 fine for negligent driving. DUI offenders in Texas and New Jersey wouldn’t have shared the good fortune of Scesny.

Texas, New Jersey Law Not as Sympathetic to DUI Suspect

In Texas, the court authorized police to draw blood by force from motorists suspected of DUI. In New Jersey, an appellate court approved the use of “extreme force” in drawing the blood of a motorist suspected of DUI. The Minnesota Appeals Court ruled the practice is allowable only when a search warrant is obtained from a judge.

Ex-St. Louis Cardinals' Scott Spiezio Charged with DUI

Like manager, like player.

One year after St. Louis Cardinals’ manager Tony LaRussa was arrested for DUI, the team’s utility infielder, Scott Spiezio was arrested for DUI and charged with five other counts.

The Orange County Superior Court in California issued a warrant charging Spiezio with DUI, DUI with a blood-alcohol level of 0.08 percent or more, hit and run, aggravated assault, battery and assault. If convicted, Spiezio faces a maximum sentence two years in prison, according to halosheaven.com.

DUI Charge Just a Part of Spiezio's Problem

Irvine, Calif. police said Spiezio was speeding, cutting across lanes, crossing through the oncoming traffic lanes, driving over a curb and crashing into a fence. When he crashed into the fence, it felled a fence pole. He then exited the vehicle and ran from the scene.
Halosheaven.com reported Spiezio wound up at a friend’s condominium, where he allegedly vomited. When the friend made a comment, Spiezio allegedly punched the man and threw him against a wall.
This isn’t Spiezio’s first problem with alcohol. He left the team in August for outpatient drug and alcohol abuse treatment, before returning to the club late in the season.

LaRussa Pled Guilty to DUI in November

Last March, LaRussa was arrested in Jupiter, Fla., when police found him asleep in his vehicle in the middle of an intersection. LaRussa failed field sobriety tests and was taken into custody. He pleaded guilty to DUI in November and will serve six months’ probation, pay a $678.50 fine, take classes in a DUI offender program and perform 50 hours of community service.