Articles Posted in DUI Defense

On Saturday August 29 at approximately 1:45 in the morning, a 43-year-old Beloit man, Mario Esquivel-Flores, died at an area hospital after becoming involved in a collision with a car on Milwaukee Road. At the time of news reports, an investigation into the man’s death was ongoing by the Rock County medical examiner and the City of Beloit Police Department. Esquivel-Flores died due to the serious injuries sustained in the accident.

A more recent news article at the Milwaukee Wisconsin Journal Sentinel claims that police have made an arrest in the case, and that a 29-year-old Clinton man whose vehicle collided with the bicycle was intoxicated at the time of the crash. Police arrested the man, whose name was not released, on suspicion of homicide by intoxicated use of a vehicle. According to police, the man’s blood alcohol level was over the legal limit of .08 percent.

It is not clear whether the driver of the vehicle will face additional charges; Esquivel-Flores was allegedly riding his bicycle in the road without any lights when he was struck by the car.

On Thursday, August 20, 79-year-old Cardinal William Joseph Levada of Menlo Park was charged with driving under the influence while vacationing on the Big Island of Hawaii with priest friends, according to a recent article at the Hawaii Tribune-Herald.

A police spokeswoman said that Levada was alone and was driving a Nissan Altima at the time he was pulled over for swerving while headed in a northbound direction on Queen Kaahumanu Highway. While news reports did not reveal Levada’s blood alcohol content, the threshold for legal intoxication in Hawaii is 0.08 percent, the same threshold as in many states in the U.S.

Levada said in a statement emailed to The Huffington Post that he regretted his error in judgment, and intended to cooperate fully with authorities. He was formerly the highest ranking American official in the Vatican.

On June 16 of this year, 51-year-old Joseph Robert Livingood of White Pigeon was stopped as he drove away from the Four Winds Casino in Dowagiac; his blood alcohol level at the time was 0.18, more than twice the legal limit according to an article at the South Bend Tribune. On Friday, August 14, Livingood pleaded guilty to a third offense DUI. He was sentenced in Cass Circuit Court to between two and five years in prison. He was also ordered to pay $1,658 in fines, costs, and restitution.

According to the report, Livingood has been arrested for drunken driving in 12 jurisdictions across several states. In addition to Michigan, he has been arrested for DUI in Illinois, Mississippi, New York, North Dakota, and South Dakota. The defendant claimed he had never been offered treatment for his alcohol problem. At court on Friday, Cass Circuit Judge Michael Dodge noted that Livingood had a long criminal history including six prison terms for nine felony convictions, although the specific crimes were not revealed.

In the state of Michigan, anyone who has been convicted of driving under the influence more than twice will face 3rd offense charges, regardless of whether it is the third offense or twelfth. A third DUI offense is a felony, which means the defendant will face harsher penalties, including certain jail time. Other punishment may include driver’s license revocation, steep fines, community service, and possibly vehicle immobilization. The court may also order the defendant to have an ignition interlock device installed on his/her vehicle. Felony DUI is punishable by up to five (5) years in prison.

A self described “eccentric millionaire,” John McAfee was recently arrested in the small town in Tennessee where he now lives, Lexington, on charges of DUI and possession of a handgun, according to a news article at CNN.

Pill bottles on shelf

Warrants clerk Sheila Austin of the Henderson County Sheriff’s Office said she didn’t know why McAfee, who once fled police in Belize, would move to a little town like Lexington. After being jailed, McAfee was released on a $5,000 bond.

On Saturday evening, a 36-year-old Portland man was pulled over after he almost struck a police car in the SUV he was driving, according to a recent article at KGW.com.

Sabahudin Nuhanovic was driving his SUV in the area of Southeast Powell Blvd. near 137th Ave. when he crossed into oncoming traffic, almost hitting a police vehicle according to local police. Officers pulled Nuhanovic over, and upon approaching him said that he reached for his waistband numerous times before they could take him into custody. Once the suspect was in police custody, an unloaded handgun was found in Nuhanovic’s waistband according to Portland police Sgt. Pete Simpson.

Upon searching the suspect’s vehicle, police found a shotgun, an additional handgun, and ammunition. Simpson said that Nuhanovic was also under the influence of alcohol. He was arrested on charges of DUI, reckless driving, two counts of unlawful possession of a firearm, and unlawful possession of a firearm.

In April of this year, Tennessee State Representative Bill Beck was arrested on charges of driving under the influence. Now, after reviewing a police video of the stop, Cheatham County Judge Phillip Maxey has dismissed the charges against the Nashville Democrat and injury attorney. Beck is partner in a Nashville law firm specializing in personal and work-related injuries, probate estates, and more and is also a certified Civil Trial Specialist.

Beck was returning home following a long night at a comedy show when he was pulled over on suspicion of DUI. According to a news article at WSMV News 4, Beck was pulled over after Metro police officer Bradley Nave passed Beck’s truck and noticed the truck straddle the center lane. The officer then turned around and pulled Beck over. After a field sobriety test that Beck cut short, he was arrested, Nave telling him that he had “way too much to drink to be driving.”

Beck’s attorney maintained that after watching the dash cam video, it was evident that Beck was not drunk. Bryan Lewis said that in the video, “You never see Mr. Beck stumble.” He went on to say that his client did not fall in the video, and that he exited his vehicle perfectly.

On Saturday July 18, four women were killed and two other seriously injured in a crash involving a limo and a pickup truck, according to a news report at CBS News. The crash occurred in the North Fork of Long Island in Cutchogue; it is believed the driver of the truck was intoxicated. He was arrested following the crash that left the limo nearly cut in half.

The limo was carrying seven women who had just left a local Winery following a bachelorette party. The vehicle was headed eastbound on Route 48 when it was struck by the pickup as it attempted to make a U-turn in a westbound direction. All four of the women who were killed were bridesmaids, and three died on impact while the fourth died later at Taconic Bay Hospital.

The bride and another woman were also in the limo when the crash occurred; both were said to be in critical condition. The man driving the pickup truck, whose name has not been released, was hospitalized for minor injuries to his face.

Recently, an MSU basketball player who transferred to Michigan from West Virginia was suspended from the team indefinitely after being arrested for DUI.  According to the Lansing State Journal, 21-year-old Eron Harris, originally from Indianapolis, is facing charges of refusing a preliminary breath test and OWI (operating while intoxicated).

Harris’s suspension stems from an incident on July 1 when he was arrested at just before 2 a.m. after playing with the team at Lansing’s Moneyball Pro-Am summer league.  His arraignment is scheduled for July 17.

Harris is a junior guard on the team, and sat out last season after transferring from West Virginia to MSU.  In a statement Tom Izzo, MSU coach said Harris had been suspended from all activities related to basketball indefinitely, and that the university holds its student-athletes to high standards.  Izzo went on to say that Eron must face the consequences of the legal system for his actions, and that his decisions that morning were unacceptable and irresponsible.

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On July 1, 44-year-old Senator Cam Ward, R-Alabaster and chairman of the Alabama Senate Judiciary Committee was arrested on a charge of driving under the influence. Ward said on Thursday that he would be seeking professional help after using alcohol as a ‘crutch’ to deal with stress, which resulted in his making what he said were “incredibly reckless decisions.”

According to a news article at the Times Free Press, a call was received at just before 1 p.m. by the Alabaster Police Department regarding a suspected drunk driver on Alabama 119. Not long after, Ward was stopped by an officer just a few miles away at a city ballpark. Police Chief Curtis Rigney said during a brief news conference that Ward failed field sobriety tests that were administered, and “exhibited signs of intoxication.” No details of the arrest were available at the time of news reports; Rigney declined to answer questions regarding the senator’s blood alcohol content. Ward did spend the night in the Shelby County Jail before being freed on $1,000 bond the next day.

Ward had been visiting a vocational school in Bibb County just hours prior to his arrest, and posted a photo of himself during the visit on social media. His vehicle was impounded according to police reports. Prior to his DUI arrest, Ward pleaded guilty to two speeding tickets, one in 1997 and one in 2007.

On Friday, June 26 a 39-year-old man was arrested on suspicion of DUI in Huntington Beach following a multi-vehicle crash that resulted in the death of a 14-year-old boy; two other teens were also injured in the collision, according to a news report at KTLA 5.

The crash occurred Thursday evening when a 2000 Nissan Frontier traveling southbound on Newland Street struck a 2004 Toyota Tacoma that was traveling in a northbound direction, sending the Tacoma into a light pole. The Nissan then struck a GMC that was stopped in westbound lanes on Adams Avenue at the intersection of Newland St. and Adams Avenue. Police responded to the scene after 911 dispatchers received a call about a driver in the area who was possibly drunk.

The 14-year-old boy who lost his life was a passenger inside the Toyota, which police officials said sustained major damage to its passenger side. The teen was rushed to an area hospital by the Huntington Beach Fire Dept. paramedics after heavy rescue equipment had to be used to free him from the vehicle. He was pronounced dead at a later time at the hospital.

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