DUI Defense

July 9, 2014

July 4th Holiday Weekend Ends in Increased DUI Arrests Across the Nation

It probably comes as no surprise to most people reading this article that Independence Day is the deadliest holiday on the calendar for motorists in the U.S. in recent years. This past weekend, several states participated in “no refusal” DUI checkpoints, a controversial initiation in which drivers have no choice but to have their blood tested for blood alcohol content level. Some of the states that participated included Florida, Oregon, Tennessee, and Texas. News reports claim that the states and counties that participate have a judge on call to issue search warrants so that blood can be taken and tested.

Over the long July 4th weekend (between Thursday and Saturday) in 2014, 389 people were arrested for suspicion of driving under the influence in Arizona, according to a news report at CBS 46. This was an increase of 28 arrests over 2013 in the state. Another report claims that in Houston, Texas (Harris County), 192 people were arrested for suspected DUI – this is in a single county. This county participated in the “no refusal” initiative, perhaps one reason so many people were arrested.

Not surprisingly, many people oppose the no refusal initiative, claiming that it violates Americans’ protection against searches and seizures under the Fourth Amendment. Gregory P. Isaacs, a defense attorney in Tennessee, stated that “This law really opens Pandora’s box on virtually every DUI stop and weakens all of our fundamental freedoms.”

As seasoned Michigan DUI defense lawyers, we know that people celebrate many holidays by enjoying a couple of beers, a few drinks, or a glass or two of wine. While there is nothing at all wrong with that, choosing to get behind the wheel of an automobile may be a choice you regret. Drunken driving is a serious offense in Michigan and across the nation, and could result in serious or even fatal injury to yourself or other innocent people. Just don’t do it.

July 7, 2014

Josh Gordon of Cleveland Browns Charged with Driving While Impaired

by Scott Grabel

On Saturday July 5th, Cleveland Browns’ wide receiver Josh Gordon was arrested on a charge of DWI in Raleigh, NC according to a news article at USA Today. Gordon has a history of drug issues, and was pulled over in the early morning hours after a police officer spotted him driving 50 mph in a 35 mph zone.

According to Jim Sughrue, police spokesman, Gordon was taken to the Wake County Detention Center after being pulled over on U.S. 70. It was not clear whether Gordon was arrested for DWI because of alcohol or another substance, and when asked, Sughrue said that he could not comment on testing Gordon had undergone, or the results of those tests. It was revealed however that Gordon’s blood alcohol content (BAC) was .09, just above the state’s legal limit of .08. Gordon admitted that he had consumed three drinks. An article at ESPN stated that there were no drug charges filed against Gordon, and that he was released after posting a $500 bond.

Gordon is scheduled to appear in court on the charges on August 26; at 23 years old, he could potentially face suspension by the NFL for one season due to a failed drug test. According to news reports, Gordon was stopped for speeding in early June, and was suspended in 2013 for four games due to the use of codeine, however he played two of the games without pay.

Driving while impaired, driving under the influence, operating while intoxicated – all of these terms are usually associated with consuming alcohol, although an individual may face the same charges for operating a motor vehicle while under the influence of illegal or narcotic drugs as well.

Individuals who are arrested on charges of driving under the influence face serious consequences if convicted. In the state of Michigan, a first offense will leave the offender facing up to 93 days in jail, fines, driver’s license suspension, community service, and more. A third offense is a felony, with criminal penalties that include up to five years in prison, fines of as much as $5,000, driver’s license revocation, possible vehicle forfeiture, and other penalties.

July 2, 2014

Passenger on Motorcycle Hit and Killed by Drunk Driver in Atlanta

by Scott Grabel

On Sunday, June 29, 33-year-old Ellie Morris was killed in an accident involving the motorcycle she was a passenger on and a car allegedly driven by a drunk driver. The accident took place on the southbound side of the I-75/85 connector in Atlanta, according to a news article at CBS 46.

The motorcycle on which Morris was riding was driven by 37-year-old Saahir Salahuddin. The driver of a Hyundai Sonata, Jessica Johnson, was attempting to move into the left-hand lane so that she could access I-20 when she struck the back of the motorcycle. Upon impact, Morris fell off of the motorcycle and was then struck by Johnson’s car.

Salahuddin’s motorcycle then struck the median. He went to where Johnson’s car was stopped and called Morris’s name before leaving the scene of the accident on the motorcycle. When police apprehended him later at Grady Memorial Hospital, they arrested him and charged him with hit and run, first-degree vehicular homicide, and receiving a stolen auto.

Johnson, the driver of the Hyundai that caused the accident, was given a field sobriety test and breathalyzer test. Police claim her BAC (blood alcohol content) was .209, more than twice the legal limit of .08. She was charged with DUI alcohol and first-degree vehicular homicide.

Any time someone dies as a result of drunken driving it is tragic. Even sadder is the fact that death due to DUI is fairly common across our nation.

Anyone who is arrested or charged with DUI causing the death of another person must consult with a skilled Michigan DUI attorney right away. In Michigan, an accident such as the one above may result in DUI causing death or drunk driving manslaughter charges. This is a very serious charge that will leave the offender facing up to 15 years in prison if found guilty. Even more frightening is the fact that prosecutors could decide that the defendant should be charged with murder, a life offense.

June 30, 2014

Suspected DUI Crash in San Bruno Leaves Three People Seriously Injured

by Scott Grabel

In the early morning ours on Sunday, June 29, three people sustained serious injuries following a crash that was suspected to have been caused by a drunk driver, according to San Bruno authorities.

News reports at Mercury News indicate that the collision happened just after midnight when two vehicles collided on Crystal Springs Road after one of the vehicles crossed over the center line. Officers stated that a Chevrolet Camaro crossed over the line, causing it to collide with a Ford Explorer. None of the individuals involved in the collision were identified, other than the driver of the Camaro, 19-year-old Hugo Gutierrez of South San Francisco. He sustained serious injuries, along with his passenger and the driver of the Explorer. Gutierrez was arrested on suspicion of drunken driving before being transported to the hospital.

Being arrested for suspicion of DUI is a serious matter, however it becomes even more serious when innocent people are injured. Michigan DUI attorneys know that those who have had a few drinks often feel that they are perfectly capable of driving. This is what alcohol does – it impairs your ability to rationalize, and makes many people feel invincible. Operating a vehicle after consuming any amount of alcohol at all is not a smart decision, as alcohol affects all people differently.

In Michigan, the criminal penalties for a first-time DUI offender include possible jail time, driver’s license suspension, fines, and community service. However, when the charges escalate to DUI causing serious bodily injury or even death, the consequences are much more severe. In fact, it is a felony offense that will result in a maximum of five years in prison, mandatory vehicle immobilization, fines of up to $5,000, and more.

If someone dies as a result of a drunken driver, the driver will face criminal penalties that include up to 15 years in prison and fines of as much as $10,000 if found guilty.

June 25, 2014

Teen Arrested on Suspicion of DUI After Striking San Bernardino Police Officer

by Scott Grabel

On Monday evening June 23, a San Bernardino police officer was in the process of making an arrest when he was struck by a vehicle driven by a teen who was believed to be under the influence of alcohol or drugs, according to KTLA 5.

According to the news report, the officer’s back was broken when he was struck by a vehicle at the intersection of Fifth and Mount Vernon Streets. The officer reportedly had his head inside a vehicle of two people he was attempting to arrest for graffiti. When the teen’s vehicle struck the officer, his head collided with the dashboard.

The teen driver reportedly lost control of his vehicle before striking the police officer. The driver, 18-year-old Steven Portillo, was captured on a convenience store video; the clerk said he appeared to be under the influence of either alcohol or drugs.

Portillo attempted to leave the scene of the accident after slamming into the officer, but was apprehended. He was treated at a local hospital for injuries. The police officer, who is in his 30s and has been with the San Bernardino Police Department for approximately six years, suffered a laceration to the head in addition to a broken back. He is expected to survive.

An investigation into the crash is ongoing, however Portillo was arrested for suspicion of DUI.

In the state of Michigan, any individual younger than age 21 may be charged with an OWI Zero Tolerance offense. Those who are 18 years old are not allowed to operate a vehicle with a BAC of 0.02% or greater (the state’s legal limit is 0.08%) in their system. The penalties for this offense include up to 360 hours of community service, and a fine of $250. However, if the individual is arrested for a drunken driving offense within seven years, he or she will face a second-offense DUI charge rather than a first-offense charge, which will result in harsher punishment.

In addition, individuals who cause an accident or are involved in other circumstances while under the influence of drugs or alcohol may be charged with OUIL causing serious bodily injury when someone else is seriously injured as a result. Under these circumstances, an adult may face criminal penalties if found guilty which include fines of up to $5,000 and prison time of up to five years. The offender’s driver’s license will likely be suspended or revoked as well.

June 23, 2014

One-Car Accident in Berkeley Results in DUI, Other Charges for Driver

by Scott Grabel

On Friday June 20, 21-year-old Anthony Edward Torpey of Castro Valley was arrested following a one-car crash in which his Corvette slammed into a pole near the Claremont Hotel, according to the Contra Costa Times.

The crash, which occurred just before 2:30 a.m. on Tunnel Road, left Torpey’s 24-year-old passenger critically injured. Torpey fled the accident scene on foot, but was located by police just a short distance away. The passenger in the Corvette suffered such serious injuries that a fatal accident investigation team was summoned to the scene.

Tunnel Road is a major artery that feeds traffic into Berkeley from Highway 24, according to the report which said that the road was closed in both east and westbound directions for nearly five hours. The eastbound lane remained closed until almost noon.

Torpey’s passenger was listed in critical condition after being taken to Highland Hospital in Oakland for treatment of his injuries. Torpey was arrested for felony hit and run, felony DUI, battery on a police officer, and driving on a suspended license. According to the California DMV, Torpey had a number of past convictions include reckless driving, hit and run, and speeding. At last report he was being held in lieu of a $91,200 bail in Berkeley City Jail.

Michigan DUI attorneys understand the seriousness of being charged with a drunken driving offense, however the situation becomes far more serious when someone is severely injured. A first DUI offense typically leaves the offender facing up to 93 days in jail (though jail time is rarely served for a first offense), fines of up to $500, driver’s license suspension for 30 days, community service, and other penalties depending on the case.

An OUIL (Operating Under the Influence of Liquor) causing serious bodily injury charge leaves the offender facing far more serious consequences. In this situation, fines increase to amounts of up to $5,000, and incarceration time increases to up to 5 years in prison. In addition, the offender’s vehicle may be forfeited. Either way, a DUI or DUI causing injury can result not only in criminal penalties, but damage to the offender’s reputation and career as well.

June 18, 2014

Friday the 13th Proves Unlucky for Montana Man Arrested for 3rd DUI

by Scott Grabel

On Friday the 13th, 62-year-old Rick J. Fancher of Big Sky, Montana was arrested and charged with a third DUI offense after attempting to bail his wife, who was incarcerated for DUI, out of jail. Authorities say that Fancher showed up at the jail in a drunken state in an effort to have 44-year-old Stacey Jo Fancher released from jail.

Stacey Fancher was pulled over on Thursday evening after meeting a Gallatin County sheriff’s deputy on the road and failing to dim her lights. Her husband was with her at the time. Upon submitting to a preliminary breath test, it was found that Stacey’s BAC was .201, more than twice the legal limit of .08%. She was charged with aggravated DUI.

Three hours later, Rick Fancher left the jail after a failed attempt to bail out his wife. He had provided a breath sample at the jail, which indicated his blood alcohol concentration was 0.178%. The same deputy who had arrested his wife just hours earlier arrested Fancher after pulling him over on West Babcock Street. The deputy recognized Fancher from the previous incident. Fancher told the deputy that before his wife was arrested, he had consumed about three to four shots of bourbon and nine beers.

In Michigan, a third DUI offense is charged as a felony. This means that those convicted will face far more serious punishment than individuals who are charged with a first or second (misdemeanor) DUI. While all drunken driving charges should be taken very seriously, a third offense leaves the defendant facing up to five years in prison, fines of up to $5,000, community service, driver’s license revocation for a minimum of five years and possibly life, and more.

June 16, 2014

Speeding Atlanta Police Officer Facing Charges of DUI

by Scott Grabel

On Monday June 9, Atlanta police officer Daryl Vann was pulled over after he was spotted making an improper lane change and speeding, according to reports at the Atlanta Journal-Constitution. He is now on administrative leave pending investigation of DUI charges that were also leveled against him in addition to speeding and improper lane change.

The incident occurred on Interstate 85 just north of Pleasant Hill Road according to the article, which stated that Vann was exceeding the speed limit by more than 20 mph. He was spotted by a Gwinnett County DUI Task Force member who noticed his Nissan Altima speeding and driving erratically at about 2 a.m. Vann has been with the Atlanta Police Department for three years.

Vann allegedly failed a breathalyzer test and sobriety test; his BAC (blood alcohol content) was reported to be .1, just above the state’s legal limit of 0.08%. Vann did not deny having drank a few beers, although he could not remember exactly how many he had and told the officer he was rushing home. The Gwinnett officer claims that Vann asked for professional courtesy, however it was declined as the arresting officer told Vann that he had arrested officers in the past for DUI, and that there was no discretion in drunken driving cases.

While the news report does not indicate whether it was Vann’s first DUI, the criminal penalties in Georgia for a conviction include a mandatory minimum of 24 hours in jail, fines of $300 to $1,000, license suspension, 40 hours of community service, and more.

Drunken driving is a very serious offense in any state today. In Michigan, individuals found guilty of a first DUI offense will face penalties that include 360 hours of community service, up to 93 days in jail, driver’s license suspension, and fines of up to $500 among other penalties. While most first-time offenders will not face jail time in Michigan, the consequences are still serious. A criminal record will likely affect employment opportunities; having your driver’s license suspended will impact your life far more than you could imagine. You may also be required to complete a court-approved alcohol education program.

June 11, 2014

Two Des Moines WHO-TV News Anchors Charged with Drunken Driving

by Scott Grabel

Two television news anchors for the same station in Des Moines, IA were recently arrested and charged with drunken driving, according to an article at the New York Daily News. One of the anchors, 47-year-old Sonya Heitshusen, has won five Emmy Awards for her journalistic excellence according to the article.

Heitshusen was arrested on Saturday, June 7 for driving drunk. Erik Wheater, her colleague at the station and a reporter/weekend news anchor, was arrested for driving while intoxicated on Friday, June 6.

Police claim that after pulling Heitshusen over in Des Moines, she refused to step out of her vehicle; she also refused to submit to a field sobriety test. After being taken to the police station, Heitshusen also refused the breath test. She was pulled over after police noticed she was driving on the wrong side of the road; it is Heitshusen’s first offense, according to The Des Moines Register. She was put in jail but has been released.

On Friday, Erik Wheater, Heitshusen’s 25-year-old colleague, was pulled over because his vehicle did not have a front license plate. Upon exiting his vehicle, police noticed that he fumbled when searching for his license and other documents, and was unsteady on his feet. Wheater submitted to a PBT and numerous field sobriety tests, failing them all. His blood alcohol concentration was found to be .125%. He was also charged with a first OWI offense.

In Michigan, even a first-offense DUI leaves the defendant facing serious consequences if convicted. The penalties for a first drunken driving conviction include driver’s license suspension, fines, and possible jail time. There are also other penalties that may apply, and the defendant will have a criminal record. Subsequent DUI offenses result in even harsher punishment.

Individuals who are pulled over in Michigan and asked to perform field sobriety tests or a roadside breath test should politely decline. These tests are not always accurate; in fact, how well you perform a field sobriety test is ultimately the police officer’s opinion. However, it is important that anyone who is arrested for drunken driving understand that if you refuse to take the breath test at the jail/police station, you are violating the state’s Implied Consent law. This could result in your driver’s license being suspended immediately.

June 9, 2014

65-year-old Arizona Woman Arrested for Running Over Construction Worker, Suspected DUI

by Scott Grabel

On Tuesday June 3, a 65-year-old San Tan Valley woman was arrested after she allegedly drove while intoxicated and ran over a 41-year-old man working in a construction zone, according to news reports at World Now. Kathleen Fleetwood, who lives in a gated community, was arrested on charges of DUI, criminal littering, criminal damage, two counts of aggravated assault, and more according to the article.

Fleetwood was driving a Buick Enclave on Tuesday afternoon on West Hunt Highway at North Gary Road where construction is ongoing when witnesses claim she hit a construction worker after sideswiping a water truck. Witnesses said that the worker was thrown into the air on impact, then landed underneath construction equipment. Fleetwood attempted to enter her gated community, but was stopped from doing so by the construction supervisor and a landscaper, who followed her Enclave from the scene of the accident.

Fleetwood allegedly got out of her vehicle and attempted to hide a bottle vodka in a bush, according to eyewitnesses. She was driving at approximately 50 mph when she drove through the construction zone and struck the worker; the speed limit in the construction zone is 35 mph. The construction worker was not killed, but was taken to a Phoenix hospital via air after suffering serious injuries. A spokesman indicated that Fleetwood faces additional criminal charges.

In the state of Michigan, DUI causing serious bodily injury is a very serious offense, leaving the accused facing harsh criminal penalties if convicted. Penalties include fines of up to $5,000, along with possible prison time of up to five years and driver’s license suspension or revocation. If someone is killed in an accident or circumstances caused by a drunk driver, the driver may face criminal penalties that include up to 20 years in prison if the victim is a highway or emergency worker.