Articles Posted in DUI Defense

At approximately 1 a.m. on April 5, a high-speed chase resulted in a two car crash on the 520 Bridge in Seattle, according to news reports at the Seattle Times. One person is in custody after being arrested on charges of DUI with assault; that individual is also likely to face charges of eluding police, according to the report.

Washington State Trooper Chris Webb said that the person who was arrested was driving his BMW at speeds of up to 100 miles per hour in an effort to flee from police. The BMW eventually crashed into another car, with both vehicles being totaled. The crash occurred in the eastbound lanes of the 520 Bridge, causing those lanes to be closed for several hours.

Reports claim the driver of the BMW and an occupant of the vehicle that was struck during the chase sustained minor injuries, and were treated at Harborview Medical Center.

On Friday, March 27, 34-year-old Mitchell Majewski of Mishawaka, IN was arrested on DUI and child endangerment charges in Decatur Township after sheriff’s deputies with the Van Buren County Sheriff’s Department witnessed a vehicle weaving in a traffic lane at about 7:30 p.m. The sheriff’s deputies noticed the vehicle drifting in the area of M-51 and 45th Street, according to a news report at Mlive.com.

According to police, Majewski had an open container of beer inside the vehicle, and appeared to be under the influence of alcohol. Upon checking his license, police found that it had been suspended in both Indiana and Michigan. It was also revealed there was a misdemeanor warrant out for Majewski’s arrest issued by the 5th District Court in Niles. Majewski was apparently driving while under the influence with his children, a 5-year-old boy and 9-year-old girl, in the vehicle. The children were turned over to family members.

The article made no mention of whether it was Majewski’s first DUI arrest, however charges of child endangerment and driving on a suspended license are also serious matters. In Michigan, a child endangerment DUI conviction may result in fines of up to $1,000, up to one year in jail, vehicle immobilization, and more for a first offense. Criminal penalties for a first DUI include fines, possible jail time, license suspension, community service, and additional sanctions. Penalties become more severe for repeat offenders, charged with DUI a second, third, or even fourth time. However, when children’s lives are put in danger, the criminal penalties are extremely harsh.

Last week, two men were killed in a crash involving Pedro Abad Jr., a six-year veteran police officer with the Linden Police Department in New Jersey. Abad was allegedly driving the wrong way on the West Shore Expressway in Staten Island when he caused an accident that left Frank Viggiano, a Linden police officer, and civilian Joseph Rodriguez dead. Another fellow officer was also critically injured in the accident. There was no mention as to whether Abad was under the influence of alcohol at the time the crash occurred, although he did have two DUI arrests since 2011, according to an ABC News report.

The two men killed in the crash, which involved Abad hitting a tractor-trailer rig head-on, were passengers in Abad’s Honda. The men had been at a strip club in Staten Island prior to the crash; investigators were continuing to probe whether Abad had been drinking alcohol at the club prior to the deadly crash.

In 2011, Abad was arrested on DUI charges after crashing through the wall of a supermarket in Roselle. Just over a year later, he was again charged with DUI after he failed to pass a field sobriety test in Rahway. His driver’s license was suspended for approximately 8 months beginning in October of 2013, and his vehicle fitted with an ignition interlock device, which was removed in September of 2014. Linden police refused to comment regarding whether Abad had faced restrictions or sanctions as a result of his prior DUI arrests under department guidelines.

On Saturday, March 21, two motorists in Rockville Centre near Long Island crashed into each other on Merrick Boulevard, according to a recent news article at Newsday. The two drivers were 38-year-old Melody Thompson of Valley Stream, and 34-year-old Peter Serra of Oceanside. Both were charged with driving while intoxicated following the collision early Saturday morning.

While neither of the drivers were injured, two passengers in Thompson’s vehicle did sustain serious injuries. The accident occurred just before 5 a.m. according to a police report, when Serra’s vehicle struck Thompson’s as she was traveling in an eastbound direction. Serra was driving his SUV in a westward direction in the eastbound lane. In addition to driving while intoxicated, Serra was charged with reckless driving and first-degree vehicular assault.

A woman who was riding in the front passenger seat of Thompson’s vehicle suffered head trauma and multiple leg fractures. In addition, a woman riding in the back of Thompson’s vehicle suffered head trauma and a fracture to her left arm. She was listed in serious condition, while the woman riding in the front passenger seat was listed in critical condition.

On Saturday, March 7, 46-year-old Jason Lapointe was involved in a two vehicle crash that occurred just after 7:30 in the evening in Brookfield. While there was no mention whether he was injured in the accident, two people in the other vehicle did suffer minor injuries, according to police.

Upon investigation of the accident, police suspected Lapointe was driving while under the influence of alcohol or drugs. He was given a field sobriety test, which he failed according to a news article at the Connecticut News Beat blog. Following the investigation, Lapointe was charged with failure to drive in the proper lane, failure to carry insurance ID/certificate of registration, and operating a motor vehicle under the influence of alcohol and/or drugs.

Lapointe was released from jail on a $500 bond and is scheduled to appear in Superior Court in Danbury on the charges on March 17th.

On Sunday morning March 1st, a car chase followed by a foot pursuit resulted in the arrest of a man in Wildomar, CA for suspicion of reckless driving, driving with a suspended license, and driving under the influence of drugs, according to news sources. Jonathan Iniguez, a 23-year-old resident of Riverside, was booked into the Southwest Detention Center following the incident. 

The Press Enterprise news article said the incident took place just before 4:30 in the morning when deputies who were on patrol noticed a 2005 Toyota Corolla weaving from lane to lane. The deputies followed the Corolla in an attempt to get the driver to pull over, however he continued driving erratically, swerving into oncoming lanes and failing to stop at traffic signals.

Eventually, Iniguez lost control of his vehicle and struck a fire hydrant in front of a grocery/liquor store, according to a written statement from sheriff’s officials. He then fled on foot, however deputies apprehended him on Shay Lane. Upon being caught, Iniguez was taken to a hospital after complaining of pain.

On February 4, Chad Bedlington, the new public works director for the city of Ferndale, was arrested after allegedly being caught holding an open can of beer while trying to start his vehicle by police. This incident occurred at approximately 1 a.m., after Bedlington had left a pub in Bellingham. On October 12, the new public works director was terminated by Mayor Gary Jensen.

Bedlington was formerly employed by the city of Bellingham as superintendent of maintenance and operations. He was hired by Ferndale in September of last year, with his six month probationary period ending the first of February this year, just before he was arrested on suspicion of DUI. In late January, a $95,000 per year contract was approved at a City Council meeting. According to the terms of that contract, he will receive four months’ severance pay following his termination.

In the state of Michigan, open containers of alcohol are not permitted by either a driver or passenger when the vehicle is being driven. Any containers that have been opened must be stored in an area where anyone inside the vehicle will not have easy access, such as a trunk. Anyone found with an open container in a vehicle may face misdemeanor charges, which could result in a maximum of 93 days in jail and a $500 fine if convicted. In addition, those found to have open containers containing beer, wine, or other intoxicants may face DUI charges in some cases.

On Saturday February 7, 37-year-old Kimberly Harbolt, Principal at Seneca High School in Louisville, was arrested and charged with operating a vehicle while under the influence of alcohol and speeding, according to a news report at Courier-Journal.

A spokesman for Jefferson County Public Schools made a statement regarding the arrest, and what if any discipline Harbolt would face. Ben Jackey said they were aware of the arrest, and that the Principal would be “afforded due process.” Harbolt was arrested at approximately 12:30 a.m., and booked into jail before being released later in the day on her own recognizance.

According to the news article, it was recorded by the arresting officer that Harbolt was driving 11 miles per hour over the speed limit; she also had a blood alcohol level of .08, the legal limit, although she failed a field sobriety test.