Articles Posted in DUI Defense

On Monday, 39-year-old Lycia Martinez was arrested on suspicion of DUI after adult passengers on board the school bus she was driving reported erratic driving behavior. According to a news article at the Huffington Post, Martinez was transporting 67 fifth and sixth graders on a field trip, and almost hit a car on a busy stretch of highway in Salt Lake City.

Police received reports after a parent aboard the bus and another motorist on the highway made 911 calls claiming the bus was swerving, that Martinez could not stay in the carpool lane, and that she was crossing double lines. Utah Highway Patrol Sgt. Blaine Robbins said that it appeared Martinez had taken prescription anti-anxiety/muscle relaxer pills that were found in her handbag.

Martinez was pulled over by patrol officers approximately 40 miles from where the trip began, on an Interstate 15 off-ramp in Draper. Robbins said that “We really dodged a bullet,” as the interstate the bus had been traveling on had a speed limit of 75 mph and five lanes. A serious accident could easily have occurred, however no one was injured and the student on board were oblivious to what was happening.

On Sunday October 12, a Saratoga Springs, NY man was arrested just after 10:30 p.m. for allegedly driving while under the influence of alcohol. According to a news article at WCAX, Stephen Jenkins was pulled over by police after he was noticed driving in an erratic manner on Interstate 87 in Queensbury.

The news article claims that Jenkins’ blood alcohol concentration (BAC) was more than twice the legal limit of .08%. Jenkins also had a child in the vehicle with him at the time, and was placed in police custody awaiting arraignment on charges of felony aggravated DWI and a misdemeanor count of endangering the welfare of a child.

In Michigan, anyone who operates a vehicle with a blood alcohol content of .17% or higher will face a Super Drunk OWI charge, also referred to as high BAC. The Super Drunk law applies only to those who are first time offenders, or who have not been convicted of DUI within the previous seven years. If convicted of Super Drunk driving, the penalties an individual may face include fines of up to $700, driver’s license suspension for 45 days, followed by 320 days of restricted driving, up to 6 months (180 days) in jail, possible community service, and more.

On Saturday, October 4, 25-year-old Chantel McCabe was charged with driving while impaired after she was stopped by police in the 1600 block of Glenwood Avenue in Raleigh, NC according to a news article at Newsobserver.com. McCabe is the sideline reporter for the Carolina Hurricanes hockey team, and hosts the pregame show on FOX Sports Carolinas.

In a brief statement issued on Tuesday, team president Don Waddell said, “In light of what happened this past weekend, we think it is best that Ms. McCabe take some time away from the team.” She was suspended for the month of October.

News reports do not indicate whether it was McCabe’s first offense, or what her blood alcohol content was. In North Carolina, the least serious DWI offense is considered “level five.” If found guilty, the defendant may face a minimum of 24 hours in jail and a maximum of 120 days behind bars, along with a $200 fine, community service, probation, and license suspension for one year.

On Saturday, October 4, 30-year-old Osmon DeLeon of Petaluma, California was involved in an accident on Highway 101 in San Rafael that resulted in the death of another motorist, according to SFGate. The name of the victims were not released, although the news report did indicate that the driver and passenger of the Toyota the victim was driving were taken to Marin General Hospital, where the driver was pronounced dead.

DeLeon was hospitalized briefly for his injuries, before being booked into the Marin County Jail on suspicion of driving under the influence and manslaughter. According to California Highway Patrol spokesman Officer Andrew Barclay, a citizen called regarding a motorist who was possibly intoxicated at about 1:20 in the morning. The citizen reported that the erratic driving motorist was headed in a northbound direction on Highway 101 near North San Pedro Road, and was driving a 2001 Mitsubishi Montero.

DeLeon’s SUV veered off of the freeway and into an embankment before swerving back onto the freeway lanes, where it then rear-ended the victim’s vehicle and caused both vehicles to flip before landing back on their wheels. He was arrested on suspicion of drunken driving causing injury or death, and gross vehicular manslaughter while intoxicated.

On Tuesday afternoon September 29th, Olympic swimming great Michael Phelps apologized after he was arrested on suspicion of DUI for a second time. Phelps was arrested for driving under the influence in 2004. This time, the Olympian is charged with DUI, crossing double-lane lines, and excessive speeding, according to a news article at ESPN. The incident occurred in Baltimore on Interstate 95 in the Fort McHenry Tunnel, when officers pulled Phelps over for speeding. He allegedly failed field sobriety tests.

In his apology, Phelps acknowledged his arrest and said that he took full responsibility for his actions, which he understands are severe. He went on to say that he was deeply sorry to those he had let down.

Phelps was allegedly driving his Land Rover when he came through the tunnel doing 84 mph in a 45 mph zone. Following his first DUI arrest in Maryland in 2004, Phelps was fined $250 and put on 18 months probation. He also delivered presentations to students at three area high schools regarding alcohol awareness.

Earlier this month, Hilario Homberto Urena was arrested on suspicion of DUI after the big rig he was driving crossed a yellow line and struck on oncoming vehicle head-on. The driver of the other vehicle died of the injuries he sustained, according to police. The accident occurred in Ontario on Haven Avenue, according to KTLA 5.

Urena, who is 40 years old and a resident of the Bay Area suburb of Tracy, fled the scene of the accident before driving onto the 60 Freeway and abandoning his truck. A news release indicated that the crash took place just after 1 a.m. on Thursday, September 11. California Highway Patrol claimed that the truck’s bumper was left at the scene of the accident. When Urena drove onto the 60 Freeway on-ramp, his big rig struck a wall; the truck finally came to rest in a lane of the freeway,. where another motorist hit it. Urena was walking on the freeway when police spotted him and took him into custody.

Police believe that alcohol contributed to the fatal accident, saying that Urena exhibited signs that he had consumed alcohol. He has been booked on charges of felony DUI while operating a commercial vehicle, suspicion of vehicular manslaughter while intoxicated, and felony hit and run.

Vehicular manslaughter while intoxicated, felony hit and run – these are very serious charges. As Michigan DUI defense attorneys know, a charge of driving while under the influence is serious enough on its own, leaving the defendant facing possible jail time, steep fines, driver’s license suspension, community service, and more. However, when another person is seriously injured or killed in an accident caused by an intoxicated driver, the situation becomes much more serious.

In the state of Michigan, a conviction for OWI causing death or manslaughter may result in penalties which include a maximum of 15 years in prison. If a highway or emergency worker is killed in an accident caused by a drunk driver, the defendant may face up to 20 years behind bars if found guilty.

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A Newberg, Oregon woman was recently arrested and charged with DUII (Driving Under the Influence of Intoxicants), equivalent to DUI in most other states. 32-year-old Tabatha Browning was arrested on Friday, September 19, for drunken driving while having four children in the vehicle with her, according to Oregonlive.com.

Forest Grove police say that Browning was “extremely drunk,” and that her speech was so slurred it was hard to understand her. Forest Grove police spokesman Mike Herb said that the department had received a report regarding a black Jeep Commander that was driving in a reckless manner near an intersection. It was also reported by witnesses that the Jeep had parked in the bushes as it pulled up on a curb. After her arrest, Browning’s BAC (blood alcohol content) registered .19%, more than twice the legal limit of .08%.

The four children in the vehicle with Browning ranged in age from two to 11. In addition to DUII, Browning was charged with four counts of reckless endangering.

According to news reports at Fox Sports, UFC fighter Nick Diaz was recently arrested for drunk driving, his second DUI arrest in the last 10 months.

Diaz was reportedly pulled over on a routine traffic stop near Stockton, CA, Diaz’s hometown on September 6 just before 2:30 in the morning. He was also found to be driving on a suspended license at the time of the stop. Diaz was also arrested for destruction of evidence and obstructing a police officer.

News reports claim that after being taken to the police station, police gave Diaz the option of taking a breath or blood test. He agreed to a breath test, but asked to go to the restroom before giving a breath sample. Diaz tried to induce vomiting, thinking that it would get rid of the alcohol in his system; he repeatedly attempted, although officers told him to stop. These attempts would have no impact on the results of the breath test, which measures the level of alcohol in air expelled from the lungs.

Diaz was arrested in November of last year for driving under the influence and unsafe speed for prevailing conditions. Since that time, he has missed several court dates and changed defense attorneys three times. News reports state that it is unclear how all of this will affect the most recent charges against Diaz, who is scheduled to fight Anderson Silva in Las Vegas on January 31 of next year.

In the state of Michigan, a second DUI conviction within seven years of the first will result in up to one year in jail, one year driver’s license revocation (absolutely no driving), vehicle immobilization or forfeiture, up to 90 days community service, fines of up to $1,000, six points on driving record, and more. The only way for an individual to be granted restricted driving privileges is through participation in sobriety court program sanctioned by the state.

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Today, distracted driving has become more of a problem than ever before. Cell phones are a large part of this distraction, as motorists text while driving, talk on the phone, or do other things with their phones – even though it is against the law in many states. How does cell phone use compare with drunk driving when it comes to accidents and the danger involved?

A detailed study was conducted in 2003 by researchers at the University of Utah regarding the effects of cell phone use while driving. This paper, entitled “Fatal Distraction? A Comparison of the Cell-Phone Driver and the Drunk Driver” indicated that ultimately, those who use cell phones while driving were involved in more accidents than drunk drivers. The study found that motorists who used cell phones while operating a vehicle were less responsive and more impaired than motorists who were driving with alcohol levels of 0.08% or above.

The research consisted of, among other things, the use of a simulator which allowed the researchers to measure how the subjects of the study reacted when a vehicle in front of them applied the brakes. The results indicated that the participants with blood alcohol levels at or above .08% were involved in no more accidents than normal, however those talking on cell phones exhibited an 8% slower reaction time than the normal baseline, and were involved in more rear-end collisions. The study also found that drivers talking on cell phones required 15% longer to return to normal speed, while those with alcohol in their systems did not vary from normal baselines for returning to normal speed significantly.

For Michigan DUI attorneys, this information is quite interesting, considering the difference in penalties between the two offenses. In most areas in Michigan, a motorist can be fined $100 for a first offense of texting while driving. The penalties for a first DUI conviction include fines of up to $500, up to 93 days in jail, driver’s license suspension, possible community service, and more.

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