Articles Posted in DUI Defense

On Friday afternoon March 7, a 68-year-old Santa Rosa man was arrested for driving on a suspended license after being pulled over while Petaluma police were conducting a special Habitual DUI Driver Stakeout Program. William Beall was arrested and was scheduled to be arraigned in Sonoma County Superior Court March 11, according to a news report at CBS San Francisco.

Beall had 19 convictions for driving under the influence over a 30-year time span accord to the article. The Habitual DUI Driver Stakeout Program is designed to target repeat DUI offenders in the county; police had recently received a tip that Beall was driving his Mercedes on a suspended license, according to Sgt. Jim Stephenson, who indicated that at the time police pulled Beall over he was not intoxicated. Police had been staking out Beall’s home and observed him driving away at around 2 p.m. on Friday.

In December of 2011 Beall was sentenced to three years in prison; he had allegedly violated his five year probation term for his 19th conviction for DUI by having alcohol in his home.

While news reports to not specifically say, chances are Beall’s driver’s license had been suspended due to multiple DUIs. Michigan drivers license reinstatement attorneys realize that for most people, it is simply impossible to live a normal life without the privilege to drive. While 19 DUIs is certainly excessive, many states suspend an individuals driver’s license at the time of a first DUI offense. In Michigan, a first DUI will result in drivers license suspension for 30 days, followed by 150 days of restricted driving.

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On Saturday evening March 8, an accident occurred in San Leandro which took the life of a passenger in one of the vehicles. Now, another man is facing manslaughter charges following allegations that he was driving under the influence of alcohol.

The accident took place at an intersection; residents who live near the intersection reported hearing a loud crashing sound. The vehicles involved included a Chevrolet Camaro and Acura Integra; when police arrived on the scene, they found a traffic light had been knocked down onto one of the vehicles. According to Joseph Desrochers, driver of the Camaro, the pole struck the back of his car before rolling off. Desrochers was not injured in the accident.

Two men were in the Acura Integra, and had to be rescued by the Jaws of Life, according to Desrochers. The passenger, a Latino man, was transported to an area hospital where he later died. The driver of the Acura, also Latino, attempted to walk away from the scene of the accident, according to witnesses. Police captured the man, who was admitted to a hospital. According to news reports at KTVU.com, the man was arrested for drunk driving and will be charged with gross vehicular manslaughter upon his release from the hospital.

The identities of the two Latino men were not released as of Sunday evening.

In the state of Michigan, vehicular manslaughter related to drunk driving is a very serious matter. This is particularly true when a defendant has been convicted previously for driving under the influence of alcohol, as the judge may decide the defendant should be sentenced to the maximum allowed by law. A conviction for vehicular manslaughter in Michigan will leave the defendant facing criminal penalties which include fines of up to $20,000, 20 years in prison, or both. Criminal penalties do vary depending on the details of every individual’s case.

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While claiming to be ‘drunker than a skunk’ would certainly not be advised by a Michigan DUI attorney, that is exactly what one woman recently did as she was being arrested for driving under the influence in Washington. Jacqueline Luzzani of North Sound had been arrested for DUI 10 times prior to her March 5 arrest in Snohomish County.

Luzzani, 58, is a “danger to the public” according to the judge, who listed off the defendant’s long list of DUI offenses as she sat listening. Luzzani was pulled over for not wearing a seatbelt by a state trooper on Wednesday. According to court documents, she told the officer after being pulled over that she was ‘drunker than a skunk.’ The officer did note that the defendant smelled of alcohol, her speech was slurred, and her eyes bloodshot.

Because Luzzani’s driving record indicted she has six DUI cases which are pending and four prior DUI charges, an ignition interlock is required for any vehicle she is driving. However, there was no device in the car she was driving; the kirotv.com news report stated that March 6 was the third time Luzzani was caught driving a car without the ignition interlock device.

Some of the offenses the judge listed off included negligent driving, hit-and-run unattended, and driving under the influence. Washington State Patrol Trooper Mark Francis said that “We’re all extremely fortunate that she hasn’t seriously hurt or killed somebody.”

In Washington, a fourth DUI conviction in 10 years is considered a felony; however, Luzzani had pleaded at least one of the DUI charges against her down to negligent driving, so it was not clear whether this offense would be considered a felony or misdemeanor. The prosecutor requested that Luzzani’s bail be set at $15,000 given the defendant’s refusal to stop driving drunk and driving history.

In Michigan, a third DUI during a lifetime is charged as a felony. This means the defendant will face extremely harsh penalties if convicted, which may include a maximum of 5 years in prison, fines of up to $5,000, driver’s license revocation, mandatory alcohol treatment, driver responsibility fees, and more.

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Michigan driver’s license restoration attorneys know that the majority of drivers license suspensions or revocations can be attributed to drunk or reckless driving. Often, reckless driving is a direct result of driving while under the influence of alcohol and/or drugs, as the driver may be impaired to the point that he or she speeds or otherwise operates a vehicle in a reckless or dangerous manner.

Recently, 27-year-old Marcel Moracho of Danbury, Connecticut was charged with reckless driving, drunken driving, failure to obey a stop sign, and driving with a suspended license. Moracho allegedly nearly collided with a police cruiser as he turned left while driving eastbound, causing a police cruiser which was moving in a westbound direction to have to brake suddenly to avoid a crash.

According to a news report at the Ctnews.com blog, Moracho ran a stop sign after accelerating in his effort to escape police. After ignoring the stop sign at Roberts Avenue and sailing through the intersection, he was apprehended and cited for the above mentioned offenses.

In Michigan, individuals who are arrested for drunk driving have only 14 days to request an administrative hearing to avoid losing their driving privileges. It is highly recommended that you obtain the support and guidance of an experienced Michigan driver’s license reinstatement lawyer before attending this hearing, to ensure the best possible chance of retaining your driving privilege. Proper and thorough preparation is key to a good outcome.

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As in Michigan, it appears that in Texas DUI or OWI can be an “opinion crime,” one that leaves an innocent individual facing criminal charges based on a police officer’s opinion. In January of last year, Larry Davis was arrested by Austin police for driving while intoxicated, even though a Breathalyzer test indicated his BAC was 0.00. Blood tests also returned negative results some months later, according to news reports at Statesmen.com.

Daniel Betts, Davis’s attorney, said that Austin police made the wrong decision when they arrested his client that evening. After watching a police dash cam video of Davis performing field sobriety tests, Betts said that he was shocked that it happened. The criminal case loomed over Davis for an entire year; he also spent a day in jail, according to the report.

Police maintain that it was possible that Davis exhibited symptoms of intoxication due to drugs such as marijuana which may not have been revealed in the blood test. Essentially, police often make judgment calls which can result in innocent people facing serious consequences. Bett says that what happened in this situation demonstrates how Austin police can be overzealous in their efforts to make DWI arrests.

Police stopped Davis near Interstate 35 and U.S. 290 after he allegedly failed to stop at a stop sign. While Davis admitted he had consumed one drink, officers wrote in an arrest affidavit that based on the field sobriety test, he appeared intoxicated. Early last month, prosecutors dismissed the case against Davis who is still working to have his criminal record cleared.

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On Friday February 28, New Milford Police responded to reports of a one-car accident in the early morning hours. The crash occurred near Paper Mill Road on Route 202 (Litchfield Road), according to a Connecticut news blog CTnews.com.

When officers arrived on the scene they found a 2010 Honda Accord with the driver standing outside the vehicle. 27-year-old Jade Pignatello was not injured, although a passenger was pinned inside and had to be extricated. Neither of the two had to be taken to the hospital.

Police interviewed the driver and the passenger and performed an investigation; Pignatello was given a field sobriety test, and subsequently arrested. She was charged with traveling too fast for road conditions, operating a motor vehicle while using a hand-held device, making a restricted turn, and driving under the influence of alcohol and/or drugs. She is scheduled to appear in court on March 10, and was released on a $500 bond.

Snow and ice were reportedly on the road at the time of the crash; the road was temporarily closed while the vehicle was removed from the crash site.

Michigan DUI defense attorneys know that being arrested and charged with driving under the influence of alcohol or drugs is serious, and should not be taken lightly. In Michigan, the penalties for a first-time offender if convicted include up to 93 days in jail, fines of up to $500, license suspension up to six months, driver responsibility fees, community service, and more.

Second and subsequent offenses, or a high BAC offense, will leave the defendant facing criminal penalties which are even more serious. Defendants may also face employment, immigration, and insurance consequences; a criminal record may impact your current career or future employment opportunities.

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Earlier this month, a 39-year-old Buffalo, New York resident was pulled over by State Police for an unsafe lane change in the town of Lancaster. Time J. Thomas was driving with 25 current driver’s license suspensions, according to a news article at The Buffalo News.

State police said that on Tuesday February 4, they spotted a car on Transit Road changing lanes in an unsafe manner. Thomas was pulled over just after 11:30 p.m.. It was also discovered that he was wanted on a warrant for aggravated unlicensed operation by Cheektowaga Town Court.

Thomas was issued tickets to appear in Lancaster Town Court, and charged with felony aggravated unlicensed operation stemming from more than ten suspensions and other traffic violations which were not specified in the report.

Michigan drivers license restoration attorneys understand the difficulty individuals face when their license has been suspended or revoked. While it seems impossible that anyone would have his or her license suspended 25 times, it does happen as evidenced here. In Michigan, driving with a suspended license can lead to severe penalties which range from possible jail time, fines, and driver’s responsibility fees to longer suspension and even revocation.

There are times when an individual simply has no choice but to drive on a suspended license. Other times, people take the chance thinking that if they drive in a safe manner, they won’t get caught. Either way, driving on a suspended license puts your freedom at risk, and increases the likelihood that your driver’s license may be suspended for a longer period of time, or even revoked permanently.

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On February 5, an accident involving an alleged drunk driver ended in the death of a Hale woman who was a well-respected member of her community. Tamra Edgerton, an employee at the Commission on Aging, died after her vehicle was struck broadside, according to news reports at 9 & 10 News.

The man who is responsible for the crash, 29-year-old Ian Lawrence Marshick, reportedly ran a stop sign at the corner of Sage Lake Road and M-55 in Prescott. The Ogemaw County Sheriff said that Marshick “blew” through the stop sign, crashing into Edgerton’s vehicle which had just pulled out onto M-55. Her vehicle rolled several times after being struck; she later died from the injuries sustained in the crash. Edgerton was 50 years old.

Marshick was charged with reckless driving causing death, operating a motor vehicle while intoxicated causing death, and a 4th degree habitual offender.

In 2011 Marshick served five months in prison for possession of a controlled substance, obtaining a controlled substance by fraud, and operating while intoxicated according to OTIS, the Michigan Department of Corrections Offender Tracking and Information System.

The maximum punishment for reckless driving causing death or OWI causing death is 15 years, however because of Marshick’s 4th degree habitual offender status he could be sentenced to life in prison.

Michigan’s Vehicle Code Section 257.625 outlines the penalties for a conviction for OWI causing death. While these penalties are harsh and affect the defendant’s freedom, career, and reputation, prosecutors may make the decision to charge someone who has taken another person’s life as a result of drinking and driving with murder as well. If you have been accused of DUI or charged with a more serious offense such as super drunk driving, OUIL causing death, or any alcohol-related offense it is urgent you seek the legal guidance and support of a skilled Michigan DUI defense lawyer at once.

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On Friday evening February 21, a 28-year-old Kalamazoo man was pulled over by Van Buren County deputies after he was observed stopped at an intersection where a yellow caution light was flashing. The vehicle he was driving also had a headlight that was not working, according to news reports at wwmt.com.

The incident took place in Gobles near Depot and State Streets at approximately 7:30 p.m. The deputy stopped the man to inquire about why his vehicle was stopped in the middle of the intersection, and about the faulty headlight. While talking with the driver, the deputy noticed a strong scent of liquor, and performed a field sobriety test. He found that the man was intoxicated, and placed him under arrest.

While arresting the man on suspicion of drunk driving, deputies discovered a 4-year-old girl inside the vehicle. She was cared for by the deputies until the girl could be picked up by her mother. The man who was arrested was driving the girl’s mother’s vehicle, who was his girlfriend. News reports claim that the man’s alcohol level was nearly three times Michigan’s legal limit of 0.08%. It was discovered that he had been arrested for DUI four times prior in the past two years, and was currently in alcohol court in Ionia. The man, who was not identified, is facing charges which include child endangerment and OWI.

On January 23, a man pulled out of a parking lot at the Falcon Inn Motel on Michigan Avenue in Dearborn; he exited the parking lot without signaling, pulling onto Cambridge Street in a 2004 Ford cutaway van, according to a news article at Pressandguide.com. An officer who saw the 25-year-old man exit the parking lot ran the license plate and the information returned “no title information on computer.” The officer then proceeded to pull the man over.

The driver, from Detroit, told the police officer that his brother had bought the work van recently, however he could not produce documents proving the purchase. The officer eventually learned that the man’s driver’s license was suspended, but that wasn’t the end of it. His license had been suspended six times previously, and he was wanted in Dearborn, Highland Park, Wyandotte, and Macomb County Circuit Court on five warrants for driving on a suspended license.

The man’s brother showed up in a 2004 Mazda 3 as the police officer and the van driver were sitting in the officer’s patrol car waiting on a tow truck. He wanted to know what was going on, and became argumentative with the police officer who requested two times that he leave the scene. He was arrested as well.

When additional officers responded to the scene, it was found that the license plate on the Mazda was registered to another vehicle. Officers also found a replica handgun under the driver’s seat of the Mazda. In the end, the two brothers’ vehicles were impounded, and both went to jail. The man driving the Ford van was arrested for improper license plate, driving without proof of registration or insurance, and driving without a valid license.

As is evidenced by the story above, driving on a suspended license is never a good idea. Michigan driver’s license restoration attorneys understand that there are instances when an individual feels he or she must drive, regardless of drivers license status, such as in the case of an emergency. Having your license suspended or revoked truly creates a hardship; most people take the privilege to drive for granted, never realizing how important having the right to drive is until that right is taken away.

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