DUI Defense

August 11, 2014

Assistant City Manager of Henderson, NV Arrested on Suspicion of DUI

On Friday, August 8, 58-year-old Fred Horvath was arrested on suspicion of driving under the influence in Henderson, NV. Horvath is the Assistant City Manager, and was placed on leave from his position while an investigation into the DUI incident continues, according to a news article at NBC News.

Other news sources claim that Horvath was pulled over by an officer riding a motorcycle in the vicinity of Wigwam Parkway and Green Valley Parkway in the early afternoon hours. At the time of news reports, Horvath was arrested for DUI, but changes had not been filed pending blood test results from the Henderson Detention Center.

Horvath was Henderson’s human resources director beginning in 2009 until the point he was named assistant city manager in October of last year. In his position as Assistant City Manager, Horvath was responsible for Henderson’s utility services departments, information technology, public works, parks, and recreation, and community development and services. Horvath was not on duty when he was arrested.

Whether Horvath’s blood tests indicate his blood alcohol level was above the legal limit will likely determine whether he is arrested. In the state of Michigan, individuals can be charged with driving under the influence even when their blood alcohol content (BAC) is not above the legal limit of .08 percent. Known as OWVI or operating while visibly impaired, individuals may be charged with this offense regardless of blood alcohol content, based on police observations and opinions. Individuals who are found guilty of OWVI will face criminal penalties that include possible jail time, fines, driver’s license suspension, and more.

August 6, 2014

When Charged with Drunk Driving in Michigan, There is No Defense, Right? Wrong

by Scott Grabel

As highly regarded Michigan DUI defense attorneys, we know that many individuals who are charged with driving under the influence (or OWI, Operating While Intoxicated, the legal term in Michigan) believe there is no defense to the charge. Unfortunately, many people simply plead guilty without considering there may be options. This is why it is so important that even for a first DUI, you consult with an experienced defense lawyer right away.

There are actually many defenses that may be effective in fighting charges of driving under the influence of alcohol. A skilled attorney will thoroughly review your case to help determine whether the charge could be challenged. A few examples of some of the common defenses used in a DUI case include:

Inaccurate PBT (Preliminary Breath Tests)

Inadmissible Datamaster Breath Test Results

Invalid Arrest Due to Inadequate Investigation Procedures

Invalid Stops

These are just a few defenses which may be effective in fighting your DUI charges.

A police officer must have a valid reason or justification for stopping someone who is driving. Unfortunately, many police officers use weak or unjustified excuses for pulling someone over, such as a loud stereo or exhaust. A police officer may decide that because you swerved just a bit within your own lane (which we all do on occasion), you should be pulled over. Once pulled over, even if the stop is invalid, the police officer will check for signs that you may have been drinking, such as glassy eyes, an odor of alcohol, slurred speech, etc. If it can be proven that the police did not have “reasonable suspicion” to stop you, the charges may be dismissed.

Field sobriety tests are highly criticized, particularly in the state of Michigan where many police officers are not strained in these tests. The standardized field sobriety tests set forth by the NHTSA include the one leg stand, the horizontal gaze nystagmus test, and the walk-and-turn. Ultimately, it is up to the officer to determine whether an individual passed or failed the test, which is often used to decide whether an arrest should be made. Many officers rush through these exercises and approach them in an unorganized fashion, which decides the driver’s fate in mere minutes. A capable Michigan DUI defense lawyer will carefully analyze whether the officer properly administered these tests, and whether there were outside factors that could attribute to the motorist’s ability (or inability) to perform them such as a disability, the fact that he or she was taking medication for an illness, and other factors. Truthfully, it is difficult for the most sober person to perform these tests.

Preliminary breath tests can be highly inaccurate as well, and motorists are not required to submit to the PBT, or roadside breath test. In fact, you should politely refuse this test, although you will be required to take the Datamaster breath test at the police station.

August 5, 2014

Interesting Fact – More Women are Arrested for DUI Than Men, According to FBI Statistics

by Scott Grabel

Since 2003, it appears that the number of women arrested for DUI has risen, while the number of men arrested for driving under the influence has decreased. Between 2003 and 2012, the number of women who were arrested for DUI rose by 21%, while the number of men arrested for DUI fell by almost 17%. These figures consider the number of arrests across the nation.

Unfortunately, women are also involved in more DUI incidents that result in death, according to research scientist Erin Holmes with a Canadian based research company, the Traffic Injury Research Foundation.

What are the possible reasons more women are being arrested for drunk driving? According to research, it is believed the fact that more women work now than they did two decades ago contribute to the numbers. Women are driving more during night time hours when they are more likely to be arrested, and it is no longer socially unacceptable for women to have a drink in public. This is particularly true of younger women.

Another factor that may affect the numbers is the fact that many of the first offender diversion programs have been eliminated, which results in more women coming through the criminal justice system.

The good news is that in the state of Michigan, the number of crashes related to drunk driving have gone down for both men and women. According to the head of the Michigan State Police Alcohol Enforcement Unit Sgt. Perry Curtis, drunk driving arrests have steadily declined over the years. In Michigan, the number of DUI crashes between 2003 and 2012 fell for both women and men, dropping from 3,203 to 2,563 for women, and 11,400 to 7,250 for men.

Still, Curtis says that the percentage of females who are arrested for DUI has increased during his career which he began in 2000. Work stress, arguments with a partner or spouse, and divorce seem to drive women to abuse substances such as alcohol, according to East Lansing substance abuse counselor Mike Stratton.

July 31, 2014

Wisconsin Woman Chases Man to Get Her Revoked Driver’s License Back, Charged with DUI

by Scott Grabel

Driving on a suspended license is serious enough, however recently a Racine, Wisconsin woman was caught operating a vehicle while her driver’s license was revoked. According to the Racine County Eye, 37-year-old Lisa Coca was driving while intoxicated when she chased a man who she claimed had her driver’s license.

The incident occurred at approximately 2 a.m. on July 18 when Coca spun her tires out while driving in front of a Caledonia police officer. Coca claimed that she was speeding because she was attempting to catch up with a man who supposedly had her driver’s license. She was driving in the area of Six Mile and Middle roads when she spun her tires and was pursued by the officer. At one point, Coca was driving at speeds of 50 mph in a 25 mph zone.

When Coca turned into a driveway, the police officer began walking toward her Ford Explorer, however she and a passenger exited the vehicle and, acting as if they did not know the officer was there, proceeded toward the home. The officer then instructed Coca to stay in her vehicle. The officer noted in his report that he smelled alcohol on Coca’s breath, and that she talked fast. She told police that her driver’s license was in the possession of the man whose car she had been following, however police learned that her license had been revoked due to a previous conviction for drunk driving.

Coca was ultimately charged with bail jumping, operating a vehicle while revoked, and a second offense suspicion of drunk driving.

In Michigan, having your driver’s license reinstated after it has been revoked is not an easy process; in fact, it is quite difficult. You must request a hearing with the DAAD (Driver Assessment and Appeal Division), however this is just the first step of a complicated process. There are many evaluations and tests you will have to provide that will support your claims of sobriety. Participating in a program such as AA is also critical to proving to the hearing officer that you will not relapse. Even then, there is no guarantee your driver’s license will be restored.

July 30, 2014

Should You Fight a DUI Charge in Michigan?

by Scott Grabel

As experienced Michigan DUI attorneys, we know that individuals who are arrested for driving under the influence of alcohol often wonder whether they should fight the charges. Most people who are charged with a drunken driving offense are concerned primarily about two things – possible jail time, and their job. Is it worth hiring a defense lawyer, and should you fight? No two cases are alike, however a seasoned attorney can help you determine the best way to proceed.

In terms of employment, those who are most affected by a DUI arrest or conviction are individuals who are professionally licenses, such as doctors, lawyers, nurses, insurance agents, CPA’s, and the like. In such cases, it is likely that the DUI arrest/conviction will be reported to the state licensing board, who will then determine the necessary response in accordance with the law. However, even those who are not employed in positions that require a professional license will want to have a skilled DUI lawyer review employee handbooks, contracts, or other documents which may indicate whether an arrest or conviction will impact your employment.

What some people do not give much thought to is that a DUI conviction will result in driver’s license suspension. Even for a first-time offense, your license will be suspended for 30 days, followed by 150 days of restricted driving. How will this impact your life, especially considering that for a solid month you will not be able to drive at all?

While most individuals facing DUI charges for the first time will not face jail time, the maximum sentence is 93 days – and you could face a few days, depending on the judge in the case. If you are arrested for driving under the influence a second or third time, the stakes become even higher – and the penalties more severe. In this case, there is no question as to whether you should seek out legal support and guidance.

July 28, 2014

Five Arrested for DUI in DUI/Drivers License Checkpoint in San Bernardino on Friday

by Scott Grabel

On Friday, July 25, a DUI/Drivers License checkpoint was conducted by San Bernardino Police between 6 p.m. and 2 a.m. in the 300 block of W. Baseline Avenue, according to a news article at Highland Community News. Police departments often conduct unannounced checkpoints in order to not only catch those who drive while under the influence or without driver’s licenses, but to increase awareness of the dangers of driving drunk and help enforce the laws regarding DUI.

In this checkpoint, police arrested five individuals for driving under the influence, although eight people were arrested in all, three on criminal charges. Of the five arrested for DUI, one was suspected to be under the influence of alcohol, the other four suspected to be impaired by drugs.

Michigan DUI attorneys realize that when the average person thinks of an arrest for driving under the influence, he or she usually assumes alcohol or liquor was involved. The fact is, there are many people who are arrested each year for driving under the influence of heroin, cocaine, methamphetamine, and other substances that can impair an individual’s ability to safely operate a vehicle. Essentially, “under the influence” can mean any illicit or illegal drug, liquor, or substance that puts the driver’s life in danger, as well as the lives of other motorists or pedestrians around the driver.

In Michigan and across the U.S., drunken driving is a serious matter that is punished severely. In the state of Michigan, a first-time DUI offense can result in criminal penalties that include jail time, fines, community service, and driver’s license suspension, among other things. A second offense will result in increased penalties; a third offense is a felony. If convicted of a third DUI, the individual will face a maximum of five years in prison, fines of up to $5,000, and a revoked driver’s license for a minimum of five years.

July 23, 2014

Cobb County Sheriff’s Deputy Arrested for Leaving the Scene and Driving Drunk After Identifying Information Left Behind

by Scott Grabel

On Saturday morning July 19, 23-year-old Austin Reese Chadwick of Woodstock was arrested for allegedly driving under the influence of alcohol and fleeing the scene of an accident, according to a news article at the Atlanta Journal-Constitution. Chadwick had called 911 to obtain medical assistance for injuries he sustained in an accident between himself and a tractor-trailer rig. He is a Cobb County sheriff’s deputy, and was off-duty at the time of the accident.

Chadwick apparently called 911 from his home at approximately the same time that police in Cobb and Cherokee Counties were trying to locate him after discovering Chadwick’s identification inside a vehicle at the crash site. Chadwick suffered a serious leg injury, and was arrested at his home; he confirmed that he had been drinking.

Police claim to have detected a strong odor of alcohol about Chadwick, who agreed to sobriety testing. He was charged with failure to report an accident, failure to maintain lane, and DUI. Chadwick had worked for the Cobb County Sheriff’s Department for over two years, and is currently on administrative leave pending an investigation by Internal Affairs. There was no mention as to whether the driver of the tractor-trailer rig was injured in the accident.

Fleeing the scene of an accident is never a good idea, however when a person is even slightly intoxicated he or she often has poor judgment. When someone chooses to drive after consuming alcohol or drugs, that person puts not only his or her life in danger, but everyone else on the roadways as well.

Driving while under the influence is a very common offense. Even though criminal penalties are tougher than ever and lawmakers continue to fight against drunk driving, people still do it. Many think, “I’ve only had two or three drinks, I’ll be fine to drive home.” Others drink to the point they can barely stand up, and still get behind the wheel.

July 21, 2014

California Crash Results in Death of Suspected Drunk Driver’s Passenger

by Scott Grabel

While Michigan DUI defense lawyers realize that drunk driving does not always end in tragedy, all too often it does. On Sunday, July 20, a 22-year-old woman was killed in a rollover crash in Santa Rosa. Sarai Torres-Nunez was riding in a Honda SUV driven by Antonio Moreno-Murillo, when Moreno-Murillo took an off-ramp from Highway 12 then sped through a red light before flipping over and crashing into a tree.

California Highway Police Officer Marcus Hawkins said that the driver of the SUV swerved to avoid an oncoming vehicle after running the red light, then drove onto an on-ramp where he lost control of the vehicle, causing it to roll over before crashing into a metal guardrail and tree. Torres-Nunez was pronounced dead at the scene of the crash. Moreno-Murillo was transported to a local hospital for treatment of his injuries, although reports do not indicate whether those injuries were serious. He was arrested at the Santa Rosa Memorial Hospital and charged with probation violation, driving with a suspended license, gross vehicular manslaughter while driving under the influence, and suspicion of driving under the influence causing death.

Antonio Moreno-Murillo is 21 years old, and will now likely face substantial prison time along with other penalties. However, a 22-year-old girl has lost her life because someone who was apparently not sober decided to put both of their lives at risk by getting behind the wheel of a vehicle.

Those who have a had a few drinks often have a false sense of what they are capable of doing. Most people believe they are completely in control, and able to safely operate a vehicle; this is not usually the case. Driving while under the influence of alcohol or other intoxicating substances such as drugs can result in catastrophe, as indicated in the story above. Even when a crash is not the result, being pulled over on suspicion of DUI is serious, and may result in the driver being arrested and ultimately facing penalties that include jail/prison time, fines, community service, a suspended driver’s license, criminal record, and more.

July 16, 2014

Costa Mesa Man Arrested on Suspicion of DUI Following Hit-and-Run Incident

by Scott Grabel

On Monday morning July 14, a 22-year-old man was arrested on suspicion of DUI after striking a 15-year-old pedestrian and fleeing the scene, according to a news article at CBS Los Angeles. The victim, a female, was transported to Western Medical Center in Santa Ana where she is being treated for a skull fracture and is said to be in stable condition.

The alleged hit-and-run driver, Ryota Takamatsu, was arrested and charged with felony DUI and felony hit-and-run after being apprehended.

Police say that the 15-year-old girl was running against a red light in a crosswalk when she was hit by a white SUV. Officers were dispatched to the scene at about 1:30 a.m., and reported that the defendant fled in the 2003 Saturn Vue SUV, sometimes driving with the headlights off in order to elude capture. Another motorist who followed the suspect helped officers locate Takamatsu, who was booked into the Costa Mesa County Jail awaiting transfer to the Orange County Jail in Santa Ana. He was being held on $100,000 bail at the time of news reports.

In the state of Michigan, leaving the scene of an accident (hit-and-run) may be charged as a misdemeanor or felony, depending on whether the accident results in property or vehicle damage, or injury to others and the extent of those injuries. If someone sustains severe bodily injury or death as a result of a hit-and-run accident, the offender may face up to 5 years in prison and substantial fines. Even minor injury to another person may result in up to one year in prison.

In addition, depending on the seriousness of the injuries a victim suffers, someone who is suspected to be driving under the influence may be charged with DUI causing serious bodily injury. If found guilty of this felony offense, an individual may be sentenced to a maximum of 5 years in prison and face fines of up to $5,000. License revocation and possible vehicle forfeiture are other criminal penalties that may be imposed.

July 14, 2014

Indiana Man Convicted in 2012 DUI Crash that Left Police Officer Paralyzed Arrested for OWI Again

by Scott Grabel

Over the July 4th holiday weekend, a 29-year-old Pendleton, Indiana man was arrested for operating while intoxicated. According to the Indy Star, Jerrel Watkins was booked into the Madison County Jail following his arrest. Watkins was convicted of an incident in 2012 in which he was driving drunk when he caused a crash that left an on-duty police officer paralyzed.

Watkins pleaded guilty to operating a motor vehicle while intoxicated causing serious bodily injury in the incident in which a test revealed that his BAC (blood alcohol concentration) was 0.29% at the time of the crash. This is more than three times the legal limit of 0.08% in most states across the U.S.

The crash, which occurred on June 11 of 2012, took place when Santos Cortez was responding to a report of a hit-and-run and was struck while enroute by Watkins, who was trying to flee. Cortez’ patrol car struck a pickup truck before he was thrown out the front passenger side window, according to court documents. Watkins was sentenced in February of last year to three years in prison along with six months of community service. He was also convicted of public intoxication and criminal mischief earlier this year.

News reports do not indicate the charges Watkins faces in this latest DUI incident, however Michigan DUI attorneys know that the charges are likely serious, considering the defendant’s past issues with driving under the influence, and the fact that he left a police officer paralyzed.

All drunk driving offenses are serious, whether an individual is arrested for the first time, third time, or even more. DUI is a crime that results in serious criminal penalties and potential loss of freedom. In the state of Michigan, an individual convicted of OUIL causing serious bodily injury will likely face up to five years in prison and fines of as much as $5,000. Even when no one else is injured, a DUI conviction can result in jail/prison time, fines, driver’s license suspension or revocation, community service, possible vehicle impoundment, and more depending on the offense.