Weird DUI News Roundup for August

Here’s a round-up of the latest bizarre DUI news from across the country, including an update the goat rescued in a DUI checkpoint.

Bride-to-Be Gets DUI Hours Before Wedding

According to an Associated Press article, a bride headed home from her bachelorette party was driving drunk with a blood alcohol level of more than twice the legal limit. She was arrested only a few hours before she was scheduled to make her vows.

The Seattle Times reports that she was pulled over for going 90 m.p.h. and weaving in and out of traffic on an interstate highway.

When state troopers pulled her over, she said she would be getting married the following afternoon.

This wasn’t her first DUI, and the process apparently went quickly as she was booked and released in time to make her wedding.

Florida Man Gets Arrested for DUI Twice in 48 Hours

The Gainesville Sun released a report on Antony David Dees and his two DUI arrests in two days.

Police were dispatched to a hit-and-run on Thursday, August 19 at 3 a.m. Witnesses and physical evidence linked Dees to the incident which occurred barely 48 hours after being charged with refusing to submit to a breathalyzer test.

Dees was additionally charged with DUI causing property damage, hit and run, leaving the scene of the crime, and driving on a suspended license. He was booked into the Alachua County Jail with a bond set at $170,000.

North Pole DUI Retrial

The Anchorage Daily News reports that a North Pole woman will get a retrial because she claims she was only driving drunk to escape her ex-boyfriend.

The Alaska Supreme Court ruled that the woman had grounds for an acquittal under the necessity defense. She will be acquitted if she can prove that she felt she had no other option to escape her violent ex-boyfriend and that drunk driving was safer than remaining where she was.

Strange DUI Update: Woman Convicted, Goat Gets New Home

A few weeks ago, we published a story about a routine DUI stop that turned into animal cruelty charges when a goat was found tied up in the very hot trunk of a car during the middle of summer.

If you’re wondering what happened to the goat and the driver, the news is out: The Associated Press reports that Fiona Enderby has been convicted of animal cruelty under Virginia law and has been fined $100.

As for the goat, WSET News reports that he has been adopted by Danny Johnson, owner of Peaks and Otter Winery, and has been named Trunk, in honor of his harrowing ordeal.

According to Johnson, he’s become quite famous and people come to the winery solely to visit him. He’s also become quite popular with the goat ladies, and is expecting kids. Fairy tales do come true.

William Skupa Launches Aggressive Criminal Defense Services

William Skupa, a well known name amongst Las Vegas Criminal and DUI Attorneys has launched aggressive criminal defense services to help clients who require the services of Criminal Lawyers in Las Vegas.

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.

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.”

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.

William Skupa Announces Criminal Defense for Domestic Violence Cases

William Skupa, a popular and renowned Las Vegas criminal attorney has announced criminal defense service for domestic violence cases. He offers assistance for driving under influence and personal injury cases also.

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.

David D. Diamond Selected To Super Lawyers Rising Stars 2010

Attorney David D. Diamond was recently selected to the Super Lawyer Rising Stars 2010 for the second year in a row.

The DUI With No Driving – Part 1

 

DUI stands for driving under the influence. However, years ago Arizona, like many other states, changed its DUI laws to cover situations where the person was not actually driving. Instead, to be guilty of DUI, a person just needed to be "controlling" a vehicle. The classic example is the vehicle stopped in the middle of the road and the driver is passed out drunk. That is an obvious case of someone controlling a car without driving.

However, there are many situations, where it is not so obvious that a person is "actually controlling" a car. There has been a growing debate regarding as to what it means to be "controlling" a car in a DUI case. For example, people can legally use their car as a shelter after they have been drinking alcohol.  Someone who sleeps in their properly parked car after getting drunk is not "controlling" their car for purposes of Arizona DUI law. However, if they put the key in the ignition to turn on the air condition, does that action create a DUI? The Arizona Supreme Court Case recently attempted to end the debate in the case of State v. Zaragoza.

Zaragoza was convicted on an Aggravated DUI charge after he was found at an apartment complex:

•    Sitting in his car
•    The engine was off
•    His hand on the wheel, and
•    The keys in the ignition,
•    Alcohol in his system

Zaragoza claimed that he had no intention to drive, but only to sleep in his car. He claims the reason the keys were in the ignition was to roll down the window, and turn on the radio. 

He appealed his conviction based on the argument that the jury was provided inappropriate instructions regarding the law of actual physical control of vehicle.

The Arizona DUI statute does not define what “actual physical control” of a vehicle is, and there have been varying types of jury instructions on the meaning of this phrase through-out the courts. 

The Arizona Supreme Court took this case, and attempted to clarify the law’s definition. They stated that actual physical control has nothing to do with the intent of the driver to move or use the vehicle, but the actual and imminent danger to the him/her self or others at the time alleged to have control. This means that all facts must be looked at together in order to appropriately determine if there was an actual or imminent danger.

The Court also held that in this case, the instructions did not mislead the jury, but that they may have misstated the law. Because of the variations in instruction, and the result of Zaragoza's case, the Arizona Supreme Court decided to provide a new jury instruction for future cases.

The new instruction will be published in Part II of the blog post.

If you need assistance or additional information about an Arizona DUI case, please contact the Koplow Law Firm Online or by phone at (602) 494-3444.

Lawrence Koplow

 

Explaining Celebrity DUI Arrests

It seems on the surface that there have been a lot of celebrity DUIs lately, whether you’re talking about Chris Klein, Lindsay Lohan, Motley Crue musician Vince Neil or any one of several stars from “The Hills.”

So what’s the deal with all of the celebrity DUI arrests? Fox411 digs into this question in a recent article. In it, they ask whether the uptick in offenses has to do with more celebrities breaking the law, or with law enforcement techniques that are busting more DUI offenders in general.

According to California DUI lawyer Neil Shouse, “There has been a prominent step up in law enforcement. A lot more people call in to report drunk drivers and there are a lot more DUI checkpoints. The California Highway Patrol has also become much more aggressive.”

Shouse also cited an increase in funding from the National Highway Traffic Safety Administration to curb DUI, which we have covered on the blog before.

A representative from the LAPD confirmed the increase in police presence working to curb drunk driving.

Despite the higher levels of prevention and enforcement, one would think that celebrities could afford to take cabs or get one of the members of their entourage to be the designated driver for the night. However, that’s not always the case.

One star, actor Kiefer Sutherland, turned down the opportunity to have a personal driver take him home on the night that he was arrested for driving while intoxicated.

According to some, there are psychological forces at play when it comes to celebrities who are willing to risk driving while drunk.

DUI attorney Shouse told Fox411 that “stars often see themselves as having a sense of immunity and a very dangerous false sense of security.” New Jersey lawyer Darren Del Sardo suggested that celebrities might drink to escape the daily scrutiny that a modern life in the spotlight can entail.

Entertainment reporter Scott Huver offered a cynical attitude: “There is a breed of young star who, seeing the press that Paris Hilton and Lindsay Lohan generate from their legal problems, somehow believes any publicity is somehow good publicity.”

It is perhaps hard to imagine how the legal repercussions of a DUI could help a young performer’s career, but in a way that may be what the public finds so attractive about the Hollywood set, that being their unpredictability.