DUI Tidbits for July 22nd, 2010

I’ve been a little tid-bitted out over the Lindsay Lohan case and frankly I don’t care to know what she is eating for her first official prison lunch. (It was turkey tetrazzini if you do care.) Needless to say, if you search hard enough there are a few more interesting DUI stories amidst the plethora of LiLo stories.

I’m not sure if this is karma, irony, coincidence, or something that just makes you go, “huh”. Either way, a beer truck driver got pulled over for a DUI in Colorado this week. The driver, Dale A. Van Vuren, was transporting over 40,000 pounds of beer when the semi went off the road, hit the median wall, and toppled over.

If you’re interested in voicing your opinion, CBS news wants to know which celebrity took the prettiest mugshot. You can vote here. However, I still believe the prettiest mugshot is this guy, but that’s just me.

It’s an inside joke around the office that there is always an athlete out there getting a DUI. However, our jaws pretty much dropped when we found out that an athlete actually helped to nab a drunk driver. Cleveland Browns lineman Shaun Rogers called the local police on July 15 when he witness a someone swerving on the Interstate 71. Police officials thanked Rogers and hailed him as a local hero.

You’re Busted… For Believing this DUI Myth!

We may not be as cool as Adam and Jamie from Mythbusters, but it does not mean debunking DUI myths won’t affect you. I am sure you hear rumors and advice from people across the spectrum about how to beat a DUI. However, we are here to tell you what is true and what is a myth.

MYTH: If I drink coffee or water right before I drive, I will be okay.

Sure, my day does not start without my morning cup of joe. However, if you drink coffee to sober up right after drinking alcohol, you will feel alert but alcohol will still be in your system. Additionally, you will be dehydrating yourself.

Some people believe that drinking water after drinking alcohol will make you okay to drive. Of course, it is always beneficial to drink water and it is my number one warrior against hangovers. However, it is impossible to drink water right after drinking alcohol and quickly sober up. It will not immediately flush the alcohol out of your system and it will not expedite the lowering of your BAC level.

The only way to sober up, my friends, is time. Wait it out and don’t take any unfound shortcuts thinking you can safely drive.

Happy Lindsay Lohan Goes to Jail Day!

Yes, drinking and driving should not be taken lightly. However, with all the hoopla around this Lindsay Lohan case, I’m surprised this isn’t a national holiday.

How Goofing Off Can Lead to a DUI Arrest

A DUI is a conviction in which a person has to operate a vehicle under the influence. A vehicle can be defined as many different things and you can get in more trouble than you think.

We all have had times where our inner frat guy comes out after a few drinks. We think we are not dumb enough to get behind the wheel, but we are dumb enough to do some other ridiculous exploits. Needless to say, there are plenty of cases where a person gets a DUI after doing something which seemed funny at the time.

1. A Go-Kart Excursion
Possible Scenario: “Dude, let’s go go-karting. We haven’t done that in forever. It will be hilarious.”
What Actually Happened: Back in April, a man thought a license suspension did not apply to a Go-Kart, which he randomly had. He drunkenly drove the go-kart home from a bar and was pulled over.

2. The Tricycle Experiment
Possible Scenario: “Look at how hilarious this is! I’m an adult sitting on a tricycle. I look like a giant. Let’s see if I can ride this thing.”
What Actually Happened: Back in 2008, police spotted a drunk man on a tricycle riding on the wrong side of the road. The tricycle happened to be adult-sized, but it was a tricycle nonetheless.

3. Showing Off That New Invention
Possible Scenario: “All I did was attach a motor to this thing. Want to take it out for a spin?”
What Actually Happened: We have two crazy stories in this category. After his viral video internet success, a man got a DUI in his motorized bar-stool. Also, a man who attached a motor to his La-Z-Boy chair found himself in some legal trouble. I guess something that seems this convenient could still be very inconvenient.

4. Power Wheels Theft
Possible Scenario: “I dare you to drive your son’s Lil’ Ford down the street.”
What Actually Happened: A UK man lost his license after police pulled him over in a pink Barbie car.

5. Being a Cart Wrangler
Possible Scenario: “Shopping carts! Cool! Dude, push me down this hill real fast.”
What Actually Happened: Police found an intoxicated man driving a motorized shopping cart from Wal-Mart that the store provides for its disabled customers.

6. Aquatic Hijinks
Possible Scenario: “I can’t believe this aquarium serves beer!”
What Actually Happened: Two drunk British men were arrested for disturbing a dolphin. Apparently, they grabbed the dolphin’s fin to see if they could ride it.

Language Barrier Reverses DWI Conviction

A New Jersey ruling made national news in recent days, which requires police officers to explain the implied-consent law to motorists in their native language, or the language they most understand. This ruling came as a result of a case which involved a Spanish-speaking man, German Marquez, who refused the breathalyzer test. Marquez was charged with a DWI for his refusal. However, the implied-consent law was read to him in English, a language which he did not understand. The state’s high court deemed this unlawful and the conviction was overturned.

This is a very important ruling in the world of drivers’ and immigrants’ rights. I had a chance to do an interview with top New Jersey DWI defense lawyer, Evan M. Levow of Levow and Associates, P.A. Here is what he had to say:

RK: Have you ever had any cases where language barriers were an issue?

EL: Many. Even where someone has a very good grasp of the English language, when anxiety provoking situations arise, that person likely is thinking and processing information in his or her “first” language. The implied consent warnings — stating that the driver must submit to breath testing — are complicated and confusing to anyone. For those who use English as a second language, these warnings may be impossible to understand without translation.

RK: How do you feel about this new ruling? How do you think police officers will respond?

EL: This ruling is absolutely correct, and brings a reasonable solution to an issue that plagues many people. New Jersey is one of the most densely populated states in the country, and is representative of the melting pot of cultures and languages. It will certainly make things more difficult for the police officers, but, to protect the rights of the accused, translation of the warnings is essential.

RK: How do you think this new ruling will affect your cases in the future?

EL: The ruling clarifies the rules for everyone – the police, the accused, the prosecuting attorney, the judge, and the defense attorney. While adding complexity to the arrest situation, it can only help everyone in the long run.

RK: Let’s say a person speaks a different language that’s not one of the languages the translation provides. Since, statistically, it’s not a language often spoken, do you believe the police should still be at fault?

EL: The police aren’t at fault, but the system is still broken if a person who speaks a language other than English is not able to understand the implied consent warnings which are required to be read to the accused motorist. What is the point of the requirement if the person doesn’t understand what is be read to him or her? In those situations, the requirement has not been complied with, and a defense to the charges exists.

RK: Is there any other important information you believe NJ citizens should know about this new ruling? Anything the rest of the country should know?

EL: It only makes sense that a warning be in a language that the person receiving the warning can understand and process properly. If the person isn’t provided the proper warning in his or her language, a defense to the DWI or Refusal charge exists, and that person should contact a qualified DWI attorney to challenge the evidence in his or her case.

For more about Levow and Associates, P.A., please visit their website.

Weekend Checkpoints (July 16th through the 18th)

City/State: Ontario, CA
Location: throughout the city
When: Friday from 6 pm to 2 am
More Info

City/State: Chino, CA
Location: throughout the city
When: Friday from 8 pm to 4 am
More Info

City/State: San Bernadino County, CA
Location: “Unincorporated area” btw. Chino and Montclaire
When: Friday from 9:30 pm to 2:30 am.
More Info

City/State: York and Adams counties, PA
Location: Roving DUI patrols
When: 6 pm Friday to 6 pm Sunday
More Info

City/State: Redondo Beach, CA
Location: Undisclosed location
When: Friday from 8 pm to 3 am
More info

City/State: Las Cruces, NM
Location: One, maybe more, within city limit
When: July 16th through the 18th
More Info

City/State: Colorado Springs, CO
Location: multi-jurisdictional sobriety checkpoint (This means there is going to be a lot of people on patrol.)
When: Friday
More Info

City/State: Santa Fe, NM
Location: San Miguel County
When: Friday
More Info

City/State: Worcester, MA
Location: Undisclosed
When: Saturday into early Sunday
More Info

City/State: Dover, DE
Friday checkpoints in the following locations: Newark, Fenwick, Clayton and Seaford
Saturday checkpoints in the following locations: Dover and Smyma
More Info

Celeb DUI Tidbits for July 14, 2010

We found some more juice in the Mary Richardson Kennedy DUI story. We all heard the rumors that her marriage to Robert F. Kennedy Jr. was failing and apparently the couple filed for divorce three days before Mary Richardson Kennedy was arrested. Additionally, documents show police were called for a domestic incident in which the Mrs. was accused of being drunk. Robert F. Kennedy Jr. was not present for Mary’s arraignment, in which she pleaded guilty (yeesh) and will undergo an evaluation to see if she does fit the Kennedy stereotype.

Poor little Lindsay Lohan has hit the tabloids again with a leaked song that seems to reflect her recent DUI troubles. I know this is a bit harsh, but a part of me believes she wrote this song while on some mind-altering substance. The lyrics are pretty laughable. Take a listen before it gets taken down.

DUI Tidbits for July 13, 2010

We have another story with the moral of “watch what you put up on Facebook”. We have heard of people getting fired from scandalous pictures on Facebook or creditors tracking people down through the social networking site. Now, Facebook photos can influence a person’s conviction. Jasob Isbell, of South Carolina, pleaded guilty to a DUI for a crash that killed his passenger. Isbell’s plea came after his victim’s parents saw pictures of him on Facebook continuing to drink. Perhaps the court should friend DUI offenders on Facebook. It may be an effective way to monitor their drinking…

Can’t wait in line at the liquor store? No worries. Pennsylvania has installed wine vending machines, which require you to have your picture taken and blow into a breath sensor. I thought boxed wine was classy, but I guess I got out-classed.

Fox News offers an analysis of the midst of an onslaught of recent celebrity DUIs. If you are feeling sympathetic about how hard celebrities have it, it’s a good read.

However, don’t feel sympathetic for LeBron James. Apparently it was LeBron’s fault that this guy got a DUI.

Finally, this one is for the baseball fans out there. Joe the Cop has a gallery of MLB All-stars’ mugshots for you to peruse. Maybe you can make trading cards out of them…

A National DUI Database?

Would you want information about your DUI arrest to be available in a nationwide database? This is what Omaha City Prosecutor, Marty Conboy wants to see within the next year.

Conboy is heading an effort to create a database that consolidates all DUI arrests in all 50 states into one database. This system would be put into use to better prosecute repeat DUI offenders whose previous convictions were in another state. Many times, previous DUI convictions in different states go unnoticed when a person is currently being charged. There are many instances where a repeat offender is convicted of a misdemeanor, when, according to a specific state’s law, they should be convicted of a felony.

This does seem to be an effective way to crack down on repeat offenders. However, does this seem like a breach of privacy? How do you think this will affect a one-time offender who wants to put their DUI arrest behind them?

[Source: KETV Omaha]

Weekend Checkpoints

Here is a list of some checkpoints that may be happening near you this weekend. Stay aware and safe.

City/State: Cincinnati, OH
Location: Ohio 741 Between Pennroyal Road and Lytle Five Points Roadin Warren County of Springboro
When: Friday, 11pm to 3am
More Info

City/State: Salina, KS
Location: (Saline County) 4 mile radius of State St. and Broadway Blvd.
When: Saturday (following Skyfire Fireworks) 11:30 pm to 2:30 am
More Info

City/State: Santa Maria, CA
Location: Undisclosed
When: Tonight 6 pm to 1 am
More Info

City/State: Knoxville, TN
Location: Highway 73 at Townsend Wye in Blount County
When: Tonight beginning at 4 pm
More Info

City/State: Los Angeles, CA
Location: Sunset Blvd at Sutherland St.
When: Tonight 8 pm to 3 am
More Info

City/State: Barnstable, MA
Location: Undisclosed location on Secondary State Highway
When: Saturday evening into Sunday
More Info