Articles Posted in DUI Defense

On Monday April 7, 53-year-old Cheryl Bynum of Clarkston was arrested following a series of events that led to an accident and resulted in nearly 2,300 residents being left without power.  Bynum was arrested on charges of driving under the influence, reckless driving, and felony hit-and-run, according to a news article at The Daily Evergreen.

Another motorist was driving toward downtown Pullman on Grand Avenue when he witnessed another car speeding in a northbound direction.  After being side-swiped and applying his brakes, his truck rolled over and crashed into a power pole after he lost control of his vehicle.  Upon striking the pole, lines sparked; he was trapped inside for approximately 45 minutes before being freed from the wreckage of twisted metal and power lines by workers.  Bynum, who allegedly caused the accident, continued on recklessly down the road.  She was taken into custody after losing control of her vehicle just north of Pullman near mile marker 5 on Highway 27.

An off-duty WSU police officer along with other witnesses said that Bynum was driving at speeds between 70 and 90 miles per hour, and that her reckless driving forced other vehicles on the roadway to take evasive action.  Bynum was found to be under the influence of prescription drugs and alcohol after being taken to an area hospital for minor injuries. Continue reading

On Friday March 28, Jeffery Layne, a 53-year-old school bus driver for Rutherford County Schools in Tennessee was arrested for driving under the influence while on the job, according to Newschannel5.com. Layne was suspended indefinitely; he has been a driver since February of last year.

News reports claim that Layne was involved in an accident at approximately 2 p.m. on Friday which occurred near a Chick-fil-A on Old Fort Parkway. Sheriff Robert Arnold of the Rutherford County Sheriff’s Department revealed that authorities first became aware of the situation after a woman obtained a license plate number and called Murfreesboro police. Layne was allegedly involved in a hit and run accident in his personal vehicle, a GMC Sierra pick-up truck. Layne allegedly struck the woman’s car while in the drive-thru of the Chick-fil-A restaurant. The woman said that before leaving the scene of the accident, Layne told her he was a school bus driver and offered her money, requesting that she meet him outside of the line of traffic on the other side of the building. This is when Layne fled the scene, according to Officer Zachary Ferrell..

After tracking Layne down, officers ordered him to go to the school; a deputy met him there, and noticed an odor of alcohol after he began talking to Layne. Layne was arrested after being asked to perform a series of sobriety tests, which he failed.

Prior to being hired by the school district, Layne passed a background check. He has no prior criminal record with the Rutherford County Sheriff’s Office according to reports.

DUI charges are serious not only in Tennessee, but across the nation including in Michigan. The situation is particularly serious when an individual who is entrusted to keep children safe while on their way to and from school is accused of driving under the influence. Not only has the defendant in this case likely lost his job, he will no doubt face harsh criminal penalties if found guilty.

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On Monday March 31 it was discovered that Battle Creek Public Schools bus driver Kevin Frederick was operating a school bus on a suspended license, according to Fox17online.com. Frederick was involved in a minor accident which led police to discover Frederick’s driving status, along with other outstanding warrants involving retail fraud. The bus driver was arraigned on the suspended license charge on Tuesday afternoon.

The accident occurred in a Burger King parking lot in Battle Creek just before 9 a.m. when Frederick struck another vehicle because he was blinded by the sun. There were no injuries reported, and no school children were aboard the bus at the time.

Battle Creek Police Department Sgt. Troy Gilleylen said that Frederick also had warrants related to a 2013 criminal case involving bad checks in addition to a suspended license. Linda Hicks, Superintendent of Battle Creek Public Schools, issued a statement claiming that the board believed Frederick had a valid driver’s license at the time the accident took place.

According to their contracts, bus drivers are obligated to inform the school district when they lose their license. District leadership coach Karen Hart told reporters that it was possible that someone “forgot to tell them.” Authorities allege that Frederick avoided them in not informing the district that he had been charged with a crime and regarding his driver’s license suspension. Potential school employees are required to be fingerprinted under state law as part of a criminal background check.

Frederick was lodged at the Calhoun County Jail and is scheduled back in court on April 16 on the suspended license charge.

Although news reports do not indicate why the bus driver’s license had been suspended, all individuals who drive a school bus to transport children in Michigan must have a CDL (commercial driver’s license) with a school bus (S) endorsement and passenger (P) endorsement.

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Approximately three weeks ago, 80-year-old Barbara Knox, star of Coronation Street for more than 40 years, was arrested on suspicion of drunk driving. Coronation street is a long-running soap opera in the U.K. Knox was allegedly arrested after she showed up at the Cheshire Knutford Police Station demanding the release of her daughter, Maxine Ashcroft, who had been arrested for drunk driving as well according to the Huffington Post.

Knox and her daughter were driving home when police pulled them over; Ashcroft was at the wheel at the time. After submitting to a breathalyzer test, Ashcroft was taken to the police station. Reports indicate that her blood alcohol level was nearly three times over the legal limit. When Knox later showed up to demand her daughter be released, police arrested her, suspecting that she was under the influence of alcohol when she drove herself to the police station.

Barbara Knox was released on bail, however news reports do not reveal the star’s blood alcohol level when she was arrested.

Michigan DUI defense lawyers know that anyone, regardless of age or celebrity stature, can be arrested for suspicion of driving under the influence. While the criminal penalties for drunk driving in the U.S. are harsh, this story indicates how such an incident can affect an individual’s reputation and career – reports of the drunk driving incident are widely spread across the Internet. While this may not be the case for an individual who is not a celebrity, a DUI arrest can still impact a person’s life in many ways, including his or her career and standing in the community.

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On Thursday March 20, a 21-year-old Somerset, KY man was arrested after a traffic stop led to a short foot chase, according to a news article at the Commonwealth Journal. Kentucky State Police pulled Joshua Coots over for speeding and reckless driving; a foot pursuit then ensued.

Travis Rogers, a KSP Vehicle Enforcement Officer, pulled Coots over just after 7 a.m. after observing Rogers’ vehicle speeding and driving in a reckless manner. Rogers also saw Coots and the passenger switching positions on the Hal Rogers Parkway while the vehicle was still in motion. Rogers learned upon talking with Coots that he switched places with the passenger because his driver’s license had been suspended, and he was wanted for parole violation.

Coots ran on foot when the officer attempted to arrest him after a brief struggle, however he was located and arrested without further incident a short time later by the London Police Dept. He was charged with resisting arrest, first-degree fleeing or evading police, second-degree assault of a police officer, changing drivers while car in motion, speeding, operating on a suspended license, and reckless driving.

While it appears that Coots has far more to worry about than a suspended driver’s license, Michigan driver’s license reinstatement attorneys know that for most people, losing the privilege to drive is a huge issue. When you cannot drive, it makes life very difficult; getting to work, school, or an appointment is a struggle, and you must impose on others to help you get to and from your destination. Today, driving is an essential function of our everyday lives. Most of us jump in the car to run to the store or chauffeur the kids around without giving it a second thought. When you lose that privilege, your life changes in ways you never thought possible.

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Last week, 35-year-old Jeremy Garner, a trooper with the Ohio State Highway Patrol, was fired following a February 16 incident in which he allegedly struck two parked vehicles while heavily intoxicated. Garner was a motorcycle officer and was terminated after an investigation was performed by the patrol for conduct unbecoming an officer, according to a news article at The Columbus Dispatch.

Garner was with fellow troopers at Skully’s Music Diner on the evening in question, and although they attempted to prevent him from driving after noticing that he appeared to be intoxicated, their efforts failed. Garner allegedly struck two parked cars in Short North and was charged with leaving the scene of an accident, failure to control, and drunken driving. His blood alcohol content at the time of the incident was said to be more than three times the legal limit of 0.08% after being measured at 0.27%. Garner’s case is pending; he pleaded not guilty to the charges, and was in his personal vehicle while off-duty when the incident took place.

Garner was convicted of DUI in 2007 in Grove City. He has been a trooper since 2002, according to news reports. On the evening the crash occurred, another trooper who was at the diner offered to give Garner a ride home, however he refused and became hostile with the trooper.

The Ohio State Troopers Associated tried to argue on Garner’s behalf, but the attempt was not successful. The union maintained that Garner has not been convicted of the charges, that he is getting help for alcohol abuse, and that he had no history of misconduct on the job.

Michigan DUI defense attorneys understand how being arrested for driving under the influence can affect a person’s life. While Garner has not yet been convicted, his career has been ruined. If he is convicted, he may face criminal penalties which include possible jail time or DUI school, fines and court costs, driver’s license suspension, and more. Those penalties increase for individuals who are convicted of a second or subsequent DUI offense.

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On March 21, 29-year-old Jonathan D. Chel, an off-duty LAPD police officer, was arrested on suspicion of DUI after he crashed into a McDonald’s drive-thru, according to news reports at KTLA 5. Chel was hospitalized following the accident; no one else was injured.

California Highway Patrol Officer Rodrigo Jimenez said that the crash occurred at approximate 1:15 a.m. as Chel was leaving the eastbound 60 Freeway on the Brea Canyon Road off-ramp. Chel’s vehicle allegedly left the off-ramp then went through the on-ramp before ultimately landing in the McDonald’s parking lot after he failed to negotiate a right turn.

Jimenez said that the investigation is ongoing, and that the officer did not take a breath test in the field; he said that there was evidence that Chel had consumed alcohol although California Highway Police did not release his blood-alcohol level. While Chel was arrested on suspicion of DUI, CHP officials made the decision to release him to a Los Angeles Police Department sergeant. Jimenez said that the CHP determined this was the appropriate action to take.

The Mazda 3 Chel was driving sustained extensive damage in the crash; the car door had to be pried open by the fire department so that Chel could be removed from the vehicle.

According to Luis Garcia, LAPD Media Relations Section Officer, patrol officers whose driver’s licenses have been suspended due to driving under the influence are not allowed on normal duty. Jimenez stated that Chel’s case would be treated just as any other individual who had been arrested for driving under the influence.

In California, the penalties for a first DUI offense include 3 to 5 years of court probation, fines of up to $1,800, six month drivers license suspension, DUI school, and a mandatory 48 hours of jail time, which may be converted to work service.

In Michigan, a first-time offender who is found guilty of driving under the influence will face up to 93 days in jail, 30-day license suspension followed by 150 days of restricted driving, possible DUI school, community service, and fines.

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Just over a week ago, 51-year-old Lincoln Middle School teacher Christine Clarke had her driver’s license suspended after being accused of drunken driving, according to NBC News Channel 10. Clarke is a history teacher at the school, and was charged with DUI in February.

Police responded to the accident after receiving reports that Clarke had crossed the center lane while driving north on New River Road in Lincoln; she then allegedly struck a mailbox and plowed into a snow bank. One police officer said that Clarke’s speech was mumbled, and her eyes bloodshot; he also detected a strong odor of alcohol.

The teacher said she was coming from the school where she teaches, however police located two empty bottles of vodka in the front seat of Clarke’s car. In addition to being charged with DUI, she was charged with refusal to submit to a chemical test and refusal to submit to a chemical breath test.

A judge suspended her driver’s license on March 10 after her pretrial hearing was postponed.

In Michigan, individuals who are charged with DUI also have their drivers licenses suspended. As appears to be the case in Rhode Island, a person may also have his or her driver’s license suspended for refusing to submit to a breath test. In fact, refusal to take a breath test in Michigan can result in drivers license suspension for up to two years.

While it is understandable that law makers and the general public want to keep drunk drivers and the dangers associated with them off the roads, having your driver’s license suspended or revoked will create serious hardships. In Michigan, a first-time DUI offender will have his or her license suspended or restricted for 6 months. This may not seem like that long of a time period, but it is when your driving is limited to certain destinations (such as to and from work) or to certain hours of the day.

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March and April are months that are typically filled with fun events in Michigan, many of which involve drinking. Between the St. Patrick’s holiday, spring break, and March Madness, no doubt plenty of people will be arrested for driving under the influence of alcohol.

Police typically conduct extra patrols during this time span, which includes the NCAA men’s and women’s basketball tournaments. This year, efforts have been coordinated to crack down on drunk driving so that the number of accidents and serious injuries may be reduced from last year. The OHSP (Office of Highway Safety Planning) has coordinated the effort, which includes extra patrols in many West Michigan counties.

As Michigan DUI defense attorneys are keenly aware, this time of year brings about a substantial increase in the number of accidents, injuries, and drunk driving arrests. Hopefully 2014 will end on a better note than 2013, when March Madness brought about the arrest of 2,271 individuals during the NCAA tournament. During the March/early April time period, 671 individual were arrested for “super drunk” or high BAC (blood alcohol content) offenses, which means the amount of alcohol in their systems was .17 or higher, more than twice the state’s .08 legal limit.

Spring brings about a renewed energy; people begin enjoying the warmer weather and all of the activities going on. It is a fun and relaxing time, however it is also a time of year when drunk driving incidents are on the increase. In Michigan, a first DUI offense can leave you facing up to 93 days in jail, driver’s license suspension, fines, and more if convicted. However, a “super drunk” driving conviction will leave you facing criminal penalties which are effectively double those of a regular DUI offense, including up to 180 days in jail, fines of up to $700, the requirement to have an ignition interlock device installed on your vehicle, and more.

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On Sunday evening March 16, Jim Irsay, owner of the Indianapolis Colts, was arrested on preliminary charges of drunk driving and possession of a controlled substance, according to NJ.com. According to Hamilton County Sheriff’s Department spokesperson Bryant Orem, Irsay’s bond was set at $22,500.

Few details of the arrest have been released; USA Today said only that Irsay was arrested just prior to midnight, and booked into the Hamilton County Jail just after 3 a.m. The Colts owner had tweeted just last October that he had not drank alcohol in the past 15 years.

News reports indicate that under the NFL’s personal conduct policy, Irsay will be subject to discipline by the commissioner if convicted of the charges. Irsay admitted that he was addicted to prescription pain medications about a dozen years ago, following years of surgeries and orthopedic procedures which left him with bouts of chronic pain. He sought treatment at a facility outside of Indiana. In November of last year, Meg Irsay filed for divorce after 33 years of marriage.

Did the dissolve of his marriage cause Irsay to slip back into addictive behavior? Michigan DUI defense attorneys know that individuals often turn to alcohol and prescription drugs in an effort to self-medicate and escape life’s problems. However, this behavior usually leads to more problems, including criminal penalties for those found guilty. A first drunk driving offense in the state of Michigan will leave anyone who is convicted facing potential jail time, fines, driver’s license suspension, community service, and more. Subsequent offenses result in punishment that is even more harsh.

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