DUI Defense

June 5, 2014

Dina Lohan has Driver’s License Suspended for Drunk Driving Incident

Last September, Lindsay Lohan’s mother Dina was arrested in Long Island for speeding and driving while intoxicated. Lohan, who is 51, was said to have been celebrating her birthday and claimed she was running from paparazzi when the unfortunate incident occurred.

According to US Magazine, Lohan was not ordered to serve jail time when she was sentenced on Tuesday, June 3; however, she was ordered to serve 100 hours of community service and pay $3,000 in fines. Her driver’s license was also suspended. News reports indicate that Lohan’s blood alcohol content (BAC) was .20%, more than twice New York’s legal limit of .08%.

Dina Lohan pleaded guilty in May, and escaped the jail/probation time traditionally dispensed in the District Court of Nassau County, according to her attorney Mark Jay Heller. Heller said that a screening evaluation concluded that Lohan has no substance or alcohol abuse issues, and that she escaped jail time and the traditional three years probation because of her prior arrest history, which is clean.

While Lohan escaped incarceration and probation, Michigan driver’s license reinstatement attorneys know the issues faced when an individual’s driver’s license is suspended. In Michigan, a first DUI will result in 30 days of suspension, followed by 150 days of restricted driving. Individuals whose licenses have been suspended may not drive for any reason. During the restricted driving period, most are allowed to drive only to and from specific destinations, such as work or school. Some may be limited to driving at a specific time of the day or night.

Multiple DUI convictions can result in a lengthier suspension period or even permanent revocation of a person’s driver’s license. When a person’s license is revoked, there is no guarantee it will be restored at the end of the revocation period. Ultimately, regaining the privilege to drive when and where you want to may prove to be extremely difficult.

June 4, 2014

New York Woman Arrested for DUI, Driving While Impaired by Drugs Following Crash in Brookhaven

by Scott Grabel

On June 3, 55-year-old Anna Maria Fitchett of Mastic, NY was arrested after crashing her vehicle in Brookhaven, according to news reports at Newsday.com.

Fitchett was driving a 2008 Nissan Maxima and had a male passenger riding in the vehicle with her when she plowed into a pickup truck parked on the side of Montauk Highway. Fitchett was driving in an eastbound direction when the accident took place, according to police. Both Fitchett and the passenger sustained minor injuries and were taken to Brookhaven Memorial Hospital Medical Center in South Patchogue. After being treated for their injuries, both were released.

Fitchett was charged with DUI and driving while ability impaired by drugs, according to news reports. There was no indication of whether it was her first DUI or drug offense.

Many people assume that a charge of driving under the influence relates to being impaired by alcohol to an extent where the driver cannot safely operate a vehicle. The fact is, driving under the influence can also pertain to drugs that impair an individual’s ability to drive. Certain illegal and narcotic drugs can impair a person’s ability to think rationally or slow their reflexes. Cocaine, methamphetamine, marijuana, heroin, and even prescription medications such as oxycodone or hydrocodone can affect someone’s ability to operate a vehicle in a safe manner.

For a first-time DUI offense involving alcohol in Michigan, the penalties are serious and include potential jail time, fines, driver’s license suspension, community service, and more. A first offense OWPD (operating with the presence of drugs) will result in the same penalties as driving under the influence of alcohol. This applies to those determined to have a Schedule 1 drug in their system while operating a vehicle.

June 3, 2014

Athens, Alabama Man Arrested for DUI Following Fatal Accident

by Scott Grabel

On Saturday, May 31, a 73-year-old Athens, Alabama man was killed in an accident that occurred less than a half-mile from his home when he was struck by 49-year-old Rickey Wade Adams. Authorities say that while he was not thrown from his vehicle, the victim was not wearing a seat belt.

The victim, Harvey Moore, was driving his car in an eastward direction on New Garden Road when the Ford pickup truck being driven by Adams crashed into him, according to a news report at The News Courier. The accident took place at approximately 5 p.m. Moore was pronounced dead at the scene. While the crash is still under investigation, Adams has been charged with driving under the influence.

Investigators would not release Adam’s BAC (blood alcohol content), according to public information officer Sgt. Steve Jarrett of the state’s Department of Public Safety. Jarrett said, “The BAC will be part of the investigation, which is ongoing and not public record per state law.” It could also be that at some point, district attorneys decide to file murder charges against Adams and dismiss the DUI charge, according to Jarrett.

In Michigan, a first DUI offense is charged as a misdemeanor when no bodily injury, death, or property damage is involved. A simple DUI conviction will leave the defendant facing penalties that include up to 93 days in jail, driver’s license suspension, and fines of up to $500. However, when someone is seriously injured or loses his or her life in an accident in which the other driver was intoxicated, the consequences become much more serious.

OUIL (Operating Under the Influence of Liquor) causing death or manslaughter in the state of Michigan will leave those charged facing up to 15 years in prison if convicted. Should the victim be an emergency or highway worker, the penalty increases to up to 20 years behind bars. In addition, prosecutors may decide to charge the accused individual with murder which could result in life in prison if convicted.

Any DUI charge is serious, as those who are arrested or charged face not only steep fines, license suspension, and possible loss of their freedom, but damage to their reputation and career as well. A criminal record will have a negative affect on various aspects of the defendant’s life, including employment opportunities.

May 28, 2014

Broward County Florida Judge Arrested for DUI

by Scott Grabel

On Tuesday May 27, Florida Broward Circuit Judge Lynn Rosenthal was arrested for DUI after her vehicle collided with a parked sheriff’s patrol car in a parking lot behind the courthouse, according to news reports at CBS Miami. She was arrested shortly after 8 a.m.

Ted McClode who witnessed Rosenthal trying to walk from her vehicle said that she “had a hard time doing it.” A breathalyzer test was administered, however it registered .000 for alcohol. Rosenthal claimed that the reason for her behavior was that she had taken Ambien (a sleep aid) the night before, but she did refuse to give urine or blood to be tested. According to investigators, Rosenthal failed heel to toe step field sobriety tests and could not maintain her balance.

Two deputies witnessed the collision in which Rosenthal’s black SUV struck the parked sheriff’s patrol car near the entrance to a parking garage. One of the deputies claimed that he saw her strike the patrol car along with a closed gate at the parking lot. When asked if she was injured, the judge replied that she was not hurt and was not injured in the “other” crash she had been in earlier in the morning in which she alleged that a truck attempted to run her off the road. Upon producing her cell phone to show a video of the incident, Detective Michael Wiley said that Rosenthal was drifting across lanes on I-595 and eventually went to the breakdown lane before striking a concrete barrier wall. He claims there was no truck or other vehicle operating in a manner that influenced the judge’s path of travel.

Rosenthal was charged with DUI with property damage and DUI first-offense. She is the third Broward judge arrested for driving under the influence over the past six months according to news reports.

Michigan drunken driving attorneys know that anyone can be arrested for DUI. As indicated in this story, judges are human just like the rest of us. Mistakes are made, and although it appears that Judge Rosenthal was impaired after taking Ambien rather than due to alcohol, her ability to operate her vehicle safely was affected. Most people associate DUI charges with alcohol, and while this is usually the case, individuals may be charged with driving under the influence when there are other substances such as illegal or prescription drugs in their systems.

Regardless, the criminal penalties for those convicted of DUI are serious. Depending on factors including whether it is a first or subsequent offense, penalties may include steep fines, jail time, driver’s license suspension, community service, or even successful completion of an alcohol program.

May 27, 2014

Snohomish County Judge Cannot Sentence Man Arrested for 16th DUI as Harshly as She Would Like

by Scott Grabel

On Tuesday May 20, Snohomish County Superior Court Judge Marybeth Dingledy sentenced 53-year-old Timothy Hansen to three years in jail. She would have sentenced Hansen to prison she said, but cannot send him there due to Washington law. While Hansen has been arrested 16 times for driving under the influence and convicted nine times over the past 27 years, he has not been convicted four times within a 10-year period.

Under Washington law, an individual must be convicted for DUI four times within 10 years to be charged with a felony and receive prison time. According to a news article at KIRO TV, Hansen has pleaded to lesser charges so therefore has three convictions during a 10-year time period. The judge did sentence him to three years in jail, which was more than the prosecutor in the case had requested. Judge Dingledy said at Hansen’s sentencing hearing “Given how many chances you’ve had I can’t give you another one. I’m going to hit you with everything.”

The judge also told Hansen that it amazed her he had not hurt anyone as many times as he has driven while intoxicated. While he refused the breathalyzer in his latest arrest, it was found that Hansen’s BAC (blood alcohol concentration) was more than twice the legal limit when blood was drawn by doctors a few hours later.

In the state of Michigan, individuals who are determined to be operating a vehicle with a BAC of .17% or more (twice the legal limit of .08% in Michigan) will be charged with a super drunk OWI offense. A first high BAC offense leaves the accused facing criminal penalties that include fines of up to $700, up to six months in jail, driver’s license suspension for one year, and more if convicted.

May 21, 2014

Memorial Day Weekend 2014: Time for Fun, but Not Driving Drunk

by Scott Grabel

The Memorial Day holiday will be observed this year on May 26, which means many people will have the day off and enjoy a long weekend. While Memorial Day is a day to pay respect to those individuals who have worked to serve and protect our country, many people take the opportunity to go camping, enjoy a cook-out with friends and family, and participate in other fun activities. At Grabel & Associates, we want you to enjoy the weekend – but not to the point of getting arrested for DUI.

Beginning May 22 and going through June 4, Michigan’s ‘Buckle Up or Pay Up’ campaign will be in force. Our state’s version of Click It or Ticket, Michigan State Police will set up zones and check to ensure motorists are wearing seat belts and children are in booster or car seats. This is also the perfect opportunity for law enforcement to catch those who are driving under the influence, which many do on this holiday. Drunk driving enforcement will be increased in 40 counties across Michigan over the next two weeks including Eaton, Ingham, and Wayne Counties. Why risk it? The odds will increase substantially that if you drive after consuming alcohol, you will be caught. Continue reading

May 19, 2014

Spokane Police Car Rear Ended by Teen Who Was Arrested on DUI and Drug Charges

by Scott Grabel

Spokane Police Department photo

On Tuesday May 13, an 18-year-old Spokane girl was arrested and charged with DUI after she allegedly rear ended a Spokane Police car at a stop light on Division Street, according to a news report at KXLY.com. Savannah Ashby is accused of crashing into the back of the patrol car while police were stopped at the stoplight located at Division Street and Wellesley Avenue. While no one was seriously injured in the incident, authorities say that Ashby not only was driving under the influence, but also had methamphetamine in her possession.

Ashby’s vehicle struck another car after hitting the patrol car, according to the Spokesman. She was booked into the county jail at about 2 a.m. on the 13th and charged with driving under the influence and possession of a controlled substance. Ashby was scheduled to appear in court on the afternoon of May 13th. Continue reading

May 15, 2014

Legendary Country Singer Hank Williams Sr.’s Daughter Arrested for DUI for Second Time in Three Months

by Scott Grabel

On Friday May 9th, country singing legend Hank Williams Sr.’s daughter Jett was arrested for driving under the influence and violating implied consent in Wilson County, TN according to savingcountrymusic.com. Jett, a half sister to singer Hank Williams Jr., was arrested on February 25th of this year for DUI, making the latest arrest her second in three months.

Jett Williams Adkinson was arrested for violation of implied consent after she refused to submit to a sobriety test. Police observed her driving erratically in a 1998 Jaguar early in the morning hours, swerving between lanes. Upon being stopped, she was cited for no proof of insurance and not wearing a seat belt. Jett, who is 61 years old, did not know she was the daughter of the country singing legend until 1985. Her mother, Bobby Jett, had a brief relationship with Hank Williams Sr. between his two marriages. Jett Williams Adkinson was a ward of the state prior to being adopted.

In the state of Tennessee, a second DUI conviction leaves the accused facing criminal penalties which include up to $3,500 in fines, two years driver’s license revocation, and between 45 days and one year in jail. Drunk driving is an offense taken seriously in every state in the U.S. today as lawmakers and groups such as MADD (Mothers Against Drunk Driving) attempt to keep intoxicated drivers off the nation’s roadways. Continue reading

May 13, 2014

Santa Barbara Pastor Arrested for DUI Following Motorcycle Crash

by Scott Grabel

Last week, a 43-year-old executive pastor at a Santa Barbara church was arrested for driving under the influence. Gerald Torres has been placed on administrative leave from the Reality Church after crashing his motorcycle which he and his son, Judah, were riding on Casitas Pass Road on the afternoon of May 3.

Judah, who is 8 years old, was not injured in the crash which involved the Yamaha motorcycle leaving the road before it struck a traffic sign and fence. While Judah was thrown from the motorcycle, he was wearing a full-face helmet which prevented injury. A family member is said to have picked Judah up from the scene of the crash, while Gerald Torres was hospitalized after suffering cuts to his extremities and major head injuries.

According to Pastor Brick Merrick at the Reality Church, Torres’ blood alcohol level was well above the legal limit when tested by police. He was arrested on charges of DUI before being released to the hospital for treatment of his injuries. Continue reading

May 8, 2014

Malta, New York One-Car Accident Leads to Aggravated DWI Arrest

by Scott Grabel

On May 3rd of this year, 54-year-old Raymond Caggianelli of Waterford was involved in a one-car accident in Malta, New York. Saratoga State Police responded to the accident which occurred at the Round Lake Bypass and Curry Road at just after 10 p.m.

During the investigation of the accident it was suspected that Caggianelli was driving while intoxicated. Upon administering a breath test at the police station, it was found that Caggianelli’s BAC registered .25%, more than three times the legal limit of .08% in New York. Caggianelli was ticketed for DWI and aggravated DWI due to his high blood alcohol content.

In the state of New York, aggravated DWI is a misdemeanor offense which an individual may be charged with when operating a vehicle with a BAC of .18 or higher. Criminal penalties for a conviction include up to one year in jail, fines of up to $2,500, probation for up to 3 years, drivers license revocation for a minimum of one year, and more. Continue reading