Articles Posted in DUI Defense

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.

On Friday January 30, 27-year-old Steven Anderson was arrested after he allegedly drove drunk while cleaning the ice at a girl’s high school ice hockey game. According to the New York Daily News, Anderson, who was driving a Zamboni at the Fargo, ND game, was arrested at about 8:15 p.m. when fans noticed he was driving the Zamboni erratically, crashing into the boards.

The girls’ teams at Williston High and Davies High Schools were in competition when the incident occurred at the South Sports Arena. Anderson has worked part-time as a Zamboni driver for the Fargo Park District for six years. He was fired immediately, according to reports. Fargo Park District director of finance and human resources Jim Larson said that in his 25 years, he had never known of this happening. He said that there is zero tolerance for this type of behavior.

Anderson was arrested on suspicion of DUI, and booked into the Cass County Jail. If found guilty of driving under the influence, penalties for a first-time offense in ND include fines, addiction evaluation, driver’s license suspension, and possible jail time depending on whether the offender’s BAC (blood alcohol content) is below .16, or above .16.

On Friday, January 24, Denver Nuggets’ Ty Lawson was arrested on suspicion of DUI. Denver police said the starting point guard was pulled over after an officer noticed Lawson driving “fast and carelessly.” While the team had no comments regarding the arrest, Lawson did return to the Nuggets on Saturday, and apologized for his actions although what he said to the team has not been publicized.

Brian Shaw, Nuggets’ coach, said that he left Lawson to deal with his teammates on his own, and that “For me, it’s no different than your own child doing something.”

Lawson was allegedly driving at speeds of 61 mph in a 35 mph zone in Denver when he was pulled over just before 1:30 a.m. on Friday. According to the arresting officer, Lawson’s eyes were bloodshot, his speech slurred, and his breath smelled of alcohol. The officer also said Lawson was stumbling and off-balance. Upon being transported to the Downtown Detention Center, Lawson refused a chemical test.

On Saturday evening January 17, 50-year-old Linda Grace Mendoza of Santa Maria was arrested on suspicion of felony DUI. According to a news article at Noozhawk.com, Mendoza has three prior DUI convictions within the last 10 years, making this her fourth.

Officers with the Santa Maria Police Department allegedly found Mendoza behind the wheel of a vehicle that was parked; she was intoxicated, according to the officers. Lt. Dan Cohen said that Mendoza was booked into the Santa Barbara County Jail, and was charged with driving with a suspended license, driving while on probation for DUI, DUI, and driving with a BAC (blood alcohol content) higher than .08%.

In California, a fourth DUI following three convictions within a 10 year period is a felony punishable by up to four years in prison, up to $1,000 in fines, driver’s license revocation for four years, and more.

On Wednesday, January 7, Tim Jennings, cornerback for the Chicago Bears, was arrested on several charges after being pulled over as he raced to a parent-teacher conference, according to a news report at USA Today.

The 31-year-old was in suburban Atlanta in the Duluth area when he was spotted by police in a 2015 Mercedes going 99 mph in a 65 mph zone of Interstate 85. Upon stopping Jennings, Gwinnett County Police Cpl. Jake Smith said that he noticed an odor of alcohol. He has been charged with speeding, reckless driving, and DUI.

When pulled over and asked why he was driving so fast, Jennings allegedly told Smith that he was late for a parent-teacher conference. Smith said that Jennings eyes were slightly watery and bloodshot. Jennings did admit that he had been drinking the evening before, but had stopped at about 2 a.m. It was just before noon when Jennings was pulled over.

In the state of Michigan, the most common reasons for an individual’s driver’s license being suspended are DUI or a conviction for leaving the scene of an accident. However, your license can be suspended once you accumulate so many points on your driving record because of other traffic offenses such as speeding, reckless driving, failure to yield, improper passing, and other offenses.

So, how many points must accumulate before your license will be suspended? The easy answer is 12, but let’s explain the process a bit more clearly.

Once a motorist in Michigan has accumulated four points on his or her record within a 2-year time period, he/she will received a letter from the Secretary of State alerting you to the fact the number of points you have is higher than usual. Accumulate eight points, and you will receive another letter informing you that you are getting closer to having your driver’s license suspended, and warning against the continued violation of traffic laws. Once you have reached 12 points on your driving record, you must submit to several tests and undergo a driver reexamination to determine if your license should be suspended. Ultimately, most people who go through this process will have their license restricted, suspended, or even revoked for a number of months or even years.

On Monday January 5, 33-year-old Chad Bybee, a former agriculture teacher at Logan-Rogersville High School in Missouri, was sentenced for involuntary manslaughter in the October 2013 crash that took the life of an 84-year-old man.

According to news reports, Bybee was driving a pickup truck and had his two young daughters with him when he was driving in a westbound direction in an eastbound lane on U.S. 60 and struck William Hughes head-on. Hughes was killed in the crash; Bybee’s daughters were also injured, however whether their injuries were serious was not revealed.

Bybee’s blood alcohol content (BAC) was found to be .192 when a breathalyzer test was administered three hours after the crash occurred, which is more than twice the legal limit of .08 in Missouri.

On Sunday morning January 4, a Melrose, Massachusetts man was eventually arrested for a fifth drunken driving offense and other charges following a chase that led to the man having to be rescued from the Malden River, according to a news article at the Boston Globe.

John Kellum, the 42-year-old man who had been reported to police to be driving while intoxicated, led police on a wild chase that resulted in damage to police cruisers and parked cars before Kellum’s pickup truck eventually ended up in the river.

Melrose police spokesman John Guilfoil said that police arrived on the scene at about 1:30 in the morning; Kellum had already crashed into two vehicles parked along the street. He then allegedly rammed a police cruiser before driving off. As police officers pursued him at what they called a “safe distance,” Kellum drove his pickup truck at a police cruiser, causing it to strike a curb as the officer attempted to swerve away from the suspect’s truck; the cruiser lost a tire in the incident. According to the news article, Kellum had several flat tires during the course of the chase, but continued to drive on the rims, creating an extremely dangerous situation.

On Christmas Eve, 35-year-old Bridget Pollack, a social studies teacher at a high school in the Mahanoy Area School District, was charged with DUI, resisting arrest, driving without a valid license, and having an open container in her vehicle, according to a news article at Wnep.com.

Mahanoy City police claim in court papers that on Wednesday evening, Pollack crashed her SUV into a light pole, which resulted in the pole falling onto a home; live wires were exposed on the pole. Pollack allegedly drove away from the scene of the crash, however a witness to the incident pursued the vehicle and Pollack drove onto another street, where she pulled over on the sidewalk and stopped. This is where police found her.

When police questioned the teacher about whether she had been drinking, she reportedly replied, “I’m drunk. I’ve been drinking all day.” She then asked police if they could just let her go, because of the fact that she was a teacher and would likely lose her job. Police claim to have found a bottle of wine that was open in the SUV Pollack was driving. Her driver’s license had been expired for nearly two years.

On Sunday December 28, a South Carolina Sheriff was arrested after he allegedly struck a vehicle and left the scene of the accident at approximately 6 a.m. 63-year-old Wayne DeWitt, Sheriff of Berkeley County since 1994, is now charged with DUI and leaving the scene of a wreck involving personal injury, according to a news article at Turnto10.com. He was granted a personal recognizance bond on Sunday evening at the Hill-Finklea Detention Center.

DeWitt was driving a county-owned pickup when the crash occurred. After leaving the scene of the accident, SC Highway Patrol troopers were investigating the crash and were notified that a pickup truck matching the description of the one DeWitt had been driving was stopped by Hanahan Police. Troopers then drove to the traffic stop and determined that the truck was the one involved in the crash, and that DeWitt was the individual driving the truck.

According to SCHP Sgt. Bob Beres, DeWitt was determined to be under the influence of alcohol after performing a field sobriety test; he refused a breathalyzer after being taken to the detention center.

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