New Jersey DUI Laws Could Change

A bill advancing through the New Jersey legislature could make DUI testing mandatory in any fatal or serious car crash.

According to NJ.com, the legislation was prompted by a fatal one-car crash in Southampton, New Jersey in July 2007. Anthony Farrace, a passenger in the car, was killed when it hit a tree, and his body was tested for drugs and alcohol like in any autopsy.

The seventeen-year-old driver, however, was not required to submit to testing and was cited for careless driving and received a $200 fine and her license was suspended for six months. The accident incited Farrace’s father to push for a change in the New Jersey DUI laws.

Currently, drivers can only be tested when there is evidence or a strong suspicion that the driver is under the influence.

The new DUI law would require drivers to submit to a breath test or a blood test. If drivers refused to submit, then they would be subject to the same penalties as drivers who refused to submit in a DUI stop. First offenders could face fines of up to $1,000 and have their licenses suspended for up to two years.

A similar law is currently being considered in Illinois.

According to the New Jersey News Room, the bill is being sponsored by Democrats Nelson Albano and Paul Moriarty. Albano believes that the bill “makes common sense,” and that police would be able to “determine whether a driver was under the influence, and would be able to insure that impaired drivers don’t get back behind the wheel and will face serious charges.”

Moriarty is quoted as saying that “ testing for potential alcohol or drug use should be the rule when accidents result in death or serious injury, not the exception.”

The opposite side, of course, is that this is a bad road to head down. Landline, a magazine for truckers, points out that this expansion of implied consent laws and repudiation of probable cause is troubling, and would open the state to numerous headaches down the road because it is so invasive.

However, the article also notes that this is the second bill, and an identical effort died a year ago in committee.

This time around though, things look like they’re going differently. The New Jersey Assembly’s Law and Public Safety committee approved the measure in June, and forwarded it to the full Assembly in June, but a date for a final vote has yet to be decided.

What do you think? Is this an appropriate measure that will protect citizens and should be more widely adopted? Or is it an invasion of privacy which New Jersey should avoid putting into law?

Brother of MLB Player Arrested After Alleged DUI Rampage

A San Ramon, California, man is suspected of drunk driving and hit-and-run after police arrested him in the wake of what CBS 5 is calling a “drunken driving rampage.” The man, Cainan Schierholtz, is the brother of a pro baseball player for the San Francisco Giants, Nate Schierholtz.

Cainan Schierholtz was arrested on a recent Sunday morning, after, according to police, he hit a bicyclist, a pedestrian, a light pole and two cars.

The call came it at about 10 in the morning, with reports that a car was driving recklessly on Danville Boulevard, in Danville, California.

Then came the report that the driver allegedly hit a cyclist riding in a bike lane on the same road. Schierholtz allegedly did not stop, though, continuing down the road. Soon after that he allegedly hit a pedestrian who was standing in the bike lane.

Again, he didn’t stop to offer assistance or acknowledge either of the accidents. Instead, he allegedly continued driving, then swerved into traffic and hit a pickup truck. Not done yet, police said that he kept on driving still, until he veered up onto the sidewalk and rammed into a light pole, which fell to the ground.

Even after all of that, Schierholtz still kept driving, according to police. He rear-ended a sport utility vehicle, and then drove down a dead-end street.

The driver of the pick-up truck who had been previously hit followed Schierholtz, and then used his truck to pin him into the dead-end street so that he couldn’t get away.

According to a witness, the suspect’s airbags had deployed, so that he was awkwardly pinned in the car. And yet, despite even that, he was still driving.

Eventually Schierholtz realized he couldn’t get past the makeshift blockade, and he stopped in front of the pickup truck. The truck’s driver and several other bystanders pulled the suspect out of his car and restrained him until the police got there.

Schierholtz was booked on suspicion of four counts of DUI causing bodily harm, three counts of hit-and-run causing injury, two counts of hit-and-run causing property damage, and driving without a license, according to CBS. He was held on $350,000 bail.

New York DUI Law Requires Ignition Interlock Devices

When the newly adopted Leandra’s Law goes into effect, New York will be the 10th state to require that anyone convicted of misdemeanor or felony drunk driving will be required to install an ignition interlock device on their car, the New York Times is reporting.

An ignition interlock device keeps a car from starting until the driver proves, via a breath test, that he or she does not have any alcohol in their system. The new law in the state is Leandra’s Law, named for a young girl who was killed in 2009 by a drunk driver. Her father, Lenny Rosado, became an outspoken advocate of tougher DUI laws after he lost his daughter.

The law will also make it a felony to drive drunk with a child under the age of 16 in the car.

Those required to install the ignition interlock device will have to keep it installed for a minimum of six months. The device must be installed at the driver’s expense. They are leased to drivers for a monthly charge of $70-110, according to the Office of Probation and Correctional Alternatives. Installation of the devices can be free, or can range in cost to up to $100.

According to the director of the OPCA, Robert Maccarone, an average of 25,000 drunk driving convictions come down every year in New York State – 4,000 of which occur in New York City.

The ignition interlock devices, which must be purchased from one of several state-contracted manufacturers, have a very low tolerance for alcohol levels in the breath of drivers. A car with the device won’t start if it registers anything that is above a .025 percent blood alcohol content. The legal limit is .08 percent.

There are a number of ways to deter falsified tests, as well. To keep a sober accomplice from blowing into the device, they have rolling retests, which administer another test every 5 to 15 minutes. This means that, to cheat the device again, the drunk driver would need to have the same sober friend with them.

When a retest fails, the horn starts to beep, and then a loud noise is admitted from the ignition interlock device.

There are also devices that snap a photo of the driver at the time the test is administered. Devices can also be configured to limit the hours a driver can drive the car, and they can resist hot-wiring and push-starting.

Denna Cohen, the president of Mothers Against Drunk Driving, Long Island chapter, says that the new law going into effect will save lives. “This is absolutely effective,” she said. “One drunk driver is all it takes to wreak havoc on a family.”

The Insurance Institute for Highway Safety agrees that the devices are effective. “We know that alcohol interlocks do work to reduce recidivism, and strengthening interlocks to include first offenders is the logical step to curb alcohol-impaired driving,” said Russ Rader, a spokesperson for the group.

Maccarone said that, in New Mexico, a similar program reducing repeat DUI offenses by 37 percent between 2002 and 2008.

Twelve-Year-Old Reports Mother for DUI

Jamie Hicks was driving erratically when her daughter called police from the backseat of the car to report her mother driving drunk with herself and her 10 year old brother in the car.

Hicks was driving down I-84 and was weaving in and out of traffic. According to CNN, Hicks’ daughter was frantic the first time she called, because her mother was “driving erratically and speaking incoherently.”

The cell phone cut out, which prompted 911 operators to call back several times, trying to reach Hicks’ daughter so that the car remained monitored. By the time, they managed to contact her again, all they heard was an argument.

Hicks was apparently furious at her daughter for telling the police about her intoxicated state. Thankfully, the car was pulled over by this time. Operators for 911 were able to locate the cell phone signal of the vehicle and the police arrived soon after.

According to the New York Post, Hicks made some admissions to the police about the fact that she had been drinking. Her blood alcohol level was .18, which is more than twice the legal limit of .08 in New York State.

Hicks was charged with a felony DUI for violating Leandra’s Law, a New York statute that makes driving intoxicated with children in the vehicle a felony. She has been released on $2,000 bail and is due back in court next month. The children have been released into their grandparents care, according to ABClocal.com

Stephen Hicks, the grandfather, is quoted as saying “The family is very grateful my granddaughter had the common sense to make that call . . . The situation is — how can I put it — a terrible lapse in judgment.”

Hicks had been driving her children back from the grandparents home in the first place. The drive between Southbury, Connecticut where the grandparents live and Brewster, New York, where Hicks was arrested is about 45 minutes long.

Regardless, this twelve year old girl is incredibly brave to go against her mother and do what was best for everyone in the car. Police will not be releasing the tapes, but they do recognize the fact that if more children “told” on their parents there may be fewer DUI crashes.

The bottom line is that if you see someone behaving as though they are under the influence of drugs or alcohol, do not let them behind the wheel.

DUI victim works to keep offender in jail

When there is a chance to affirm justice, and to see that a criminal gets their due, it is often the victim of a crime who raises the loudest voice and brings safety and security concerns into the public sphere.

That is the case in Tennessee, as a woman who had to struggle to survive after being hit by a drunk driver is raising the alarm and attempting to keep the perpetrator of that DUI behind bars.

Eveylen Turner, of Clarksville, Tennessee, was in a coma for three weeks after Joseph Chimahosky crashed into her. Chimahosky was drunk when he hit Turner. He was found guilty of the crime, and he was sentenced to three-and-a-half years in prison.

He has so far served five months of that sentence as part of his DUI penalties, but is now facing a parole board that will determine if he stays inside the joint or heads back out into the world.

With the parole hearing offering a place for Turner to state her views and potentially impact his stay in prison, Turner vowed to Channel 4 News in Nashville that she would do whatever it would take to keep Chimahosky behind bars.

“I don’t think he has served his time,” said the victim of the man’s drunk driving crash. “I think that he will get out and do the same again. The next person might not be as lucky as me.”

This was not Chimahosky’s first conviction for drunk driving, either. He had two previous convictions for DUI before his third, in the crash that almost killed an innocent person.

Turner made sure to be at Chimajosky’s parole hearing recently, bringing along pictures, X-rays and her medical bills, which totaled more than $1 million, as she built her case against him.

According to Channel 4 News, her and her family pleaded with the hearings officer to keep Chimahosky in jail.

Assistant District Attorney Chris Dotson held a similar position. “I have no faith in him getting out of here,” he said, “and endangering everybody in the roadway in this county.”

Chimahosky has been in trouble even while in jail. There are reports of an incident on four occasions. He told the parole officers that “not a day goes by I don’t think about my actions. As much as I want to, I can’t change what happened that night or what bad decisions I made that night, but I can change the decisions I make in the future.”

The parole board’s decision should take 3 to 4 weeks.

Ontario Enacts Tougher Drinking and Driving Restrictions for Teens

Starting soon, Ontario will initiate the most strict age restrictions on DUI and drunk driving in Canada.

The new DUI laws will kick in on August 1, according to an article in The Waterloo Region-Record.

Under the new laws, drivers under the age of 22 won’t be able to drink a drop of alcohol, or take a single sip, before they drive a car.

The announcement came down from Transportation Minister Kathleen Wynne. Drivers under 21 won’t be allowed to have any alcohol in their blood while they are driving, regardless of what type of driver’s license they have.

Canada has a graduated series of licenses leading up to the G license, which allows drivers to operate any car, van or small truck and trailer up to a certain size. The G1 license allows a driver to drive in the presence of a fully licensed driver who has at least four years of driving experience.

A G2 license allows a driver to drive without accompaniment, but it comes with other restrictions on the number of passengers and the time of night they can carry passengers.

Even before the new legislation goes into effect, G1 and G2 drivers were not allowed to have any alcohol in their system when they are behind the wheel. With the new laws, only G license holders who are over the age of 21 are allowed to have alcohol in their system that does not exceed the legal blood-alcohol limit of .05 percent.

The legislation is only now taking effect, after having been passed back in 2009.

There was dispute surrounding the legislation, and lawmakers removed a provision that would have limited the number of passengers that a teenage driver could have in the car.

Drivers who are caught violating the new law will have their license immediately suspended for 24 hours, and they will face a future suspension and a possible fine of up to $500 Canadian dollars.

Emna Dhahak, a spokesperson for the Ministry of Transportation, told The Waterloo Region-Record that the legislation is “based on sound research and analysis.”

16-year-old Easton Page agreed with the law. “Mixing alcohol and young drivers doesn’t usually work out,” he said. “If you’re going to be behind the wheel you need to be completely in the right mind and focus on what you’re doing. You can’t have that taken away from you.”

Another young person felt that the law may single out young people. “I think that it’s a really good idea for people who are just learning to drive,” said Meghan Garber. “But I think it’s unfair how they target the younger people.”

Andy Murie, who is CEO of MADD Canada, offered that skeptics should check the numbers.

Those aged 16 to 24 represent 13 percent of the Canadian population, but account for 33 percent of DUI deaths. “They don’t just kill themselves,” said Murie. “They kill passengers, their friends, and they kill innocent people. They don’t get to choose when this is their performance.”

Accord to the Ontario Ministry of Transportation, the peak ages for DUI collisions are between 19 and 21.

Illinois DUI Judge Convicts Driver of 15 Counts of DUI

An Illinois DUI judge threw the book at 25-year-old Edward Clark after he hit and killed David Long and his dog Shadow, who were out walking early one morning last year.

The judge convicted Cook of reckless homicide, 15 counts of DUI, and one count of unlawful possession of a converted motor vehicle back in May.

Cook was driving down the residential street at a speed of about 50 miles per hour in Batavia, Illinois when he veered off the road and onto the sidewalk, hitting Long and Shadow. Cook was driving a 2003 white Ford Acura that he had borrowed from a friend without permission, according to CBS 2 Chicago.

The toxicology report showed that Cook had alcohol, marijuana, and cocaine in his system, reports the Chicago Tribune.

Cook maintains that he does not have a problem with drugs or alcohol, but his driving privileges had been revoked in 2008 due to an aggravated DUI. Cook was still on parole for that offense at the time of the crash.

Cook also has numerous drug, battery, and theft charges, but has never actually completed one of the sentences for these crimes.

The judge took that into consideration during the sentencing. The judge felt that since Cook doesn’t feel that he has any problems, he should be kept off the streets in order to keep others safe at the very least.

Long’s wife and the Illinois state prosecutors pushed for more, but the judge said case law would not support a charge of first degree murder. Instead, Cook will serve consecutive, rather than concurrent, sentences, leading to a full amount of jail time of fifteen years. He will probably be out on parole in 10 years.

Cook refrained from making a statement to the judge, but did tell his mother that he loved her as he was being led out of the courtroom. Cook has never publicly apologized for killing David Long and his best friend.

Susan Long is satisfied with the sentence, but notes “this is another one of those stories that starts with drinking alcohol and ends with tragedy.”

Difficulties Face DUI Arresting Officers

The police often find themselves in unexpected – and sometimes dangerous – situations, especially when it comes to DUI arrests.

This week featured a number of unfortunate interactions between police and those charged with drunk driving.

In Massachusetts, a trooper was hit by a car driven by an allegedly drunk driver, and it sent him to the hospital. He was recently released from the hospital, but the driver will face arraignment in court, according to the News Telegram.

Captain Frank Hughes was in an intersection directing traffic around midnight after a concert and fireworks show on the fourth of July. The crash threw the trooper onto the hood of the driver’s Nissan Maxima. The driver did not stop for the trooper, even after he caused what a spokesman called “serious injuries.”

Franklin Morales, the alleged driver, faces charges of DUI, negligent driving and DUI causing serious bodily injury. According to the charge, the driver went straight instead of heeding the captain’s traffic directions. Morales registered a .15 blood-alcohol content, and failed field sobriety tests.

Also in Massachusetts, a man stopped and arrested for DUI was also charged with kicking a trooper and threatening him.

John Ross tried to run away from police on foot after he was arrested on Interstate 81. He was described by police as “very combative.” When he was taken to the hospital, he screamed profanities at the hospital staff.

There was also the threat that he made to police, who said that he “made a comment about shooting” the trooper who arrested him. Ross was charged with aggravated assault, terrorist threats, resisting arrest, disorderly conduct, DUI, public drunkenness and harassment, according to Public Opinion.

A Pennsylvania man faces DUI and aggravated harassment by a prisoner charges after he repeatedly spit on the officer who arrested him for DUI, according to the York Daily Record.

Ross Eugene Bricker almost hit Officer Thomas Kibler’s patrol car in his pickup truck. Kibler stopped him, and Bricker admitted to drinking and failed a field sobriety test.

Then, as Kibler was driving Bricker to the booking station, Bricker allegedly spit at the officer, hitting him in the top of the head.

Guide to Lindsay Lohan’s DUI Prison Stay

Lindsay Lohan will be doing time for her DUI offense.

That’s 90 days in jail, though it’s unlikely she’ll serve the whole stint.

Some sources say that she was experiencing some serious anxiety about her time behind bars. Who wouldn’t?

“She’s really nervous,” someone close to Lohan to told E! News. “She is still hoping she is not going to jail.”

Unfortunately for the starlet, Lohan will be spending at least some time in the clink.

Lohan will soon report to the jail to begin serving her sentence, although overcrowding causes many sentences to be shortened.

Lohan will appear in court, and then she will be taken to the Century Regional Detention Facility, in Lynnwood, California. Here are a few things that E! News wants you to know about the impending jail sentence of a young woman convicted of DUI.

Lohan Isn’t the First Celebrity Starlet to Spend Time in Lynnwood

Paris Hilton once stayed in the same facility. In 2007 she spent 23 days serving time for violating the probation on a reckless driving charge.

Khloe Kardashian Odom once spent four-and-a-half hours in Lynnwood for violating her own DUI charge. While Khloe was there, she was placed in solitary confinement. The jail received three bomb threats during her stay, though it’s unclear why.

Nicole Richie did a tough 82 minutes of time for her own 2007 DUI conviction.

Even Lindsay Lohan herself served 84 minutes in 2007 from DUI arrests that year.

Rules of the DUI Road

Lohan won’t get any preferential treatment in lock-up. She’ll be allowed visitors during much of the day on weekends. Alcoholics Anonymous and Narcotics Anonymous hold daily meetings inside, and numerous ministries operate in the jail. Also, there is no smoking at Lynnwood, so Lohan will have to do without her nicotine fix.

Ladies Only

The Century Regional Detention Facility is a female-only facility, with 1,800 inmates.

When Paris Hilton served time, she had good things to say about the populace, saying that her fellow inmates were “very supportive.” She talked to her fellow inmates from cell to cell.

Lohan will be in a 12-foot-by-8-foot cell with two bunk beds, a toilet, a sink, a stool, table and a six-inch window. She will be separated from other prisoners because of her status.

DUI Arrest After Woman Drives into Kohl’s Department Store

Finding a parking spot at a popular store can be tricky. But the spot Kentucky resident Whitney Lochmueller left her SUV was definitely taken.

Lockmueller’s SUV landed in the women’s department of Kohl’s after her she collided with another vehicle, accelerated, hit a tree and went through the store’s front wall.

The driver was charged with DUI after police found her incoherent and confused at the scene, reports WKYT. Police found a bottle of the painkiller Tramadol in Lochmueller’s vehicle. Though the prescription was filled the day before already a significant number of pills were missing from the bottle, WKYT reports.

After finding her incoherent and confused at the scene, police later charged Lockmueller with DUI. Although she had no alcohol in her system, a DUI arrest may be made if the driver is under the influence of any substance.

She was also charged with criminal mischief and wanton endangerment.

The National Center for Biotechnology Information states that the Tramadol “may make you drowsy and may affect your coordination. Do not drive or operate machinery until you know how this medication affects you.” And that’s assuming she took the recommended dose.

Mrs. Lochmueller’s six-year-old twin sisters were in the SUV’s backseat. No one received major injuries in the crash, though the passengers of the Suburban were taken to the emergency room for some minor injuries.

Luckily, no one inside the store or out on the sidewalk was harmed. Shoppers lent a helping hand to the passengers of the out-of-place vehicle. Once all of the riders were removed, it became the store’s priority to remove the SUV from its impromptu showroom. That process took several hours of hard work by the local fire department.

The store reopened at 8 am the following day after a surprisingly quick clean up. Kohl’s issued a statement that they were very glad no one was hurt, and that they hoped to have the damage completely repaired in a week or so.

Hopefully from now on Ms. Lochmueller will attempt to find a spot that, while not perfect, is also on the outside of the store.