Tag Archive for: DUI

Milwaukee Brewers Pitcher Arrested for DUI

Milwaukee Brewers Pitcher Arrested for DUI. Yovani Gallardo, a right handed starting pitcher for the Milwaukee Brewers, was arrested early on Tuesday morning and cited with drunken driving.  According to the report, Gallardo had a blood alcohol level of .22, which is nearly three times the legal limit in Wisconsin.

A Sheriff’s spokeswoman said another driver called 911 to report a suspected drunken driver.  Gallardo’s black Ford-150 pickup track was pulled over at 2:10 a.m. On I-94 in Milwaukee after the deputy spotted it driving very slowly. In addition, making erratic lane changes.  Gallardo told the deputy he had been drinking at a local bar nearby that is frequented by Brewers fans.  He was booked at the Milwaukee County Jail after failing a field sobriety test. Furthermore, his pickup truck was towed to an impound lot. Although, he issued a public apology on Tuesday afternoon.

“I just want to apologize to the fans, my teammates, my family,” Gallardo said in a brief media session on the field at Miller Park. “It’s just a bad call. It’s something I shouldn’t have done. I regret it. But at this point there’s nothing I can do about it now. Sadly, it happened.

Milwaukee Brewers Pitcher Arrested for DUI Conclusion: In Wisconsin, as a first-time offender, drunken driving is a citation and not a misdemeanor or felony DUI charge.  However, Gallardo faces nearly $778 in fines for drunken driving and for unsafe driving.  The fines consisted of:

  • $300 for his DUI charge
  • $300 for his level of intoxication
  • $178.80 for deviating lanes

In Major League Baseball, part of the collective bargaining agreement with the players’ union requires that a player charged with drunken driving or off-field violent contact be referred to a treatment board. Which will establish and supervise an individual treatment program.

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Mississippi Governor to Sign Bill Strengthening DUI Laws

Mississippi Governor to Sign Bill Strengthening DUI Laws. Phil Bryant, the current Republican governor of Mississippi, intends to sign a bill aimed at strengthening state laws against drunk driving.  The bill is expected to hit Bryant’s desk within the next several days. Therefore, would become a law on July 1, 2013 with his signature.

The bill would cause someone convicted of a first-offense DUI to have their driver’s license suspended for 90 days. Moreover, a judge could order a 30-day license suspension or require the person to use an ignition interlock device for six months.  However, the bill also would make the fourth offense DUI automatically be a felony charge which would carry two to ten years in prison.  Under the new law, it would no longer matter how many years had passed between the previous convictions and the fourth one.  Currently under Mississippi law, a person can face a felony charge by having three or more DUI convictions within five years.

The bill is sponsored by House Speaker Philip Gunn, whose parents and sister were killed by a drunk driver 30 years ago.  Mark Formby, one of the co-sponsors, also faced tragedy when his young niece was killed two months ago when her parent’s car was hit by a driver who had previous DUI convictions.

Mississippi Governor to Sign Bill Strengthening DUI Laws Conclusion: Gunn told reporters last week that he considers this bill one of the top accomplishments of the 2013 legislative session, which ended last Thursday.

The final version of the bill passed the House 112-4 and the Senate 52-0.

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Pittsburgh Mayoral Candidate Pleads Guilty to DUI

Pittsburgh Mayoral Candidate Pleads Guilty to DUI. Abdula Jamal Richardson, who is running an underdog campaign for Pittsburgh mayor, was arrested on Wednesday and charged with driving under the influence.  Police say they found Richardson slumped over the wheel of a green minivan. Whose engine was still running, around 3 a.m. A criminal complaint reported that he became “verbally hostile” stating that he was going to be mayor and refused a blood test on the scene.

On Wednesday afternoon while leaving the Municipal Courts Building, Richardson denied the allegations. Telling reporters, “This is a weak, feeble attempt to discredit me as a strong candidate for the mayoral election, this is all it is.”

He also denied being drunk, saying allegations that he was passed out were a “total lie”.

Hours later, at a mayoral candidate debate inside Pitt’s O’Hara Student Center, Richardson admitted that he had been drinking. Furthermore, shouldn’t have been behind the wheel.  He then excused himself to spend time in prayer with his family.

When asked why he was apologizing after earlier claiming it was a targeted attack. Richardson said that he still believed it was an attack, but that he admits to being wrong.

Pittsburgh Mayoral Candidate Pleads Guilty to DUI Conclusion: A.J. Richardson, who is running as a Democrat in the May primary, lists his current occupation as a school bus monitor.  When asked if he thought someone who had been charged with a DUI could still run for mayor, Richardson winked and said, “Wait and see, I’m still running”.  Online court records don’t list an attorney for Richardson, who faces an April 10th preliminary hearing.

A woman hung up the phone when the Associated Press called a number listed for Richardson on a campaign-related website.  An e-mail message came back as undeliverable.

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Florida Mayor Arrested for DUI

Florida Mayor Arrested for DUI. Gainesville Mayor Craig Lowe was arrested on DUI charges and property damage after he was found asleep behind the wheel of his car at the scene of a crash last Thursday.

A state trooper was called to the accident near the intersection of Northeast 21st street and Northeast 156th avenue.  When officials arrived on the scene at around 3:45am, they said Lowe appeared to be intoxicated. His silver Honda Civic was heavily damaged.  A field sobriety test was performed which showed Lowe to be under the legal limit.  The arresting officer concluded that Lowe was impaired at the time of the crash and he was later booked into the Alachua County Jail.  He was released later that afternoon on his own recognizance.

Lowe did admit to having three beers earlier that night, troopers said.

Craig Lowe, who is headed toward a runoff election against Ed Braddy on April 16th, issued a prepared statement Friday assuring residents and supporters that he would remain on the ballot.  “Over the next few days and weeks, I will continue to perform my duties as Mayor. Furthermore, work hard as a candidate for re-election,” said Lowe.

He is scheduled to reappear in court on April 11th for his arraignment.  “I will accept the consequences of my actions and face the sanctions that are deemed appropriate,” he said.

Man Arrested in Double-Fatality DUI Crash

Man Arrested in Double-Fatality DUI Crash. Mark Mullan, 50, was arrested Monday after his black 2012 Chevrolet Silverado quad cab hit a group of people near Eckstein Middle School in Seattle, WA.  Dennis Schulte and his wife Judy Schulte were killed.  Their daughter in-law Karina Schulte, and her 10-day-old baby Elias Schulte, were critically injured.  Detectives said Mullan failed a field sobriety test at the scene where he had a .22 blood alcohol reading.  He was taken into custody on charges of vehicular homicide.  On the day of the crash, Mullan was driving on a suspended license. He did not have an ignition interlock device on his vehicle, and had a history of DUIs.

A spokesperson at the Seattle Municipal Court, said Mullan was arrested on December 25, 2012 for driving under the influence after a hit and run accident.  He reportedly hit the Seal’s Motel on Aurora Avenue North and fled the scene, witnesses told police at the time.  He eventually was apprehended and registered a .322 blood alcohol content on his breathalyzer test.  Mullan appeared in court on January 7th. Therefore, pleaded guilty to charges of driving under the influence and leaving the scene of an accident.  He also appeared in court on January 14th for an October 2012 DUI charge in Snohomish County.

Both judges in Seattle and Snohomish County had told Mullan that, if he wanted to drive, he would have to install an ignition interlock device. Furthermore, that would prevent him from starting his pickup with alcohol on his breath.  Documents filed in connection with Monday’s crash said Mullan’s pickup was not equipped with such a device.

Mark Mullan appeared in court on Tuesday afternoon where his bail was set at $2.5 million, $500,000 more than prosecutors requested.  Mullan’s latest arrest for driving under the influence was his third DUI arrest in less than six months.

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Tennessee May Be Next to Add New Penalties for Drunk Driving Convictions

Tennessee May Be Next to Add New Penalties for Drunk Driving Convictions. Tennessee legislators are now considering tougher laws in an attempt to decrease the number of driving under the influence. In addition, driving while intoxicated violations in the state.  One of the biggest changes to the proposed law would require ignition interlock devices for all people convicted of drunk driving, not just repeat offenders of those who had high BAC levels.

As of January 1, 2011, Tennessee law requires the following people to purchase and install ignition interlock devices if they want to have their driving rights reinstated after a suspension:

  • Those convicted of DUI offenses with a blood alcohol concentration (BAC) levels of 0.15 or higher
  • Those who have received multiple DUI or DWI convictions
  • First-time offenders are subject to stiff penalties such as:
  • Jail time of over 360 days
  • Fines as high as $1,500
  • Driver’s license suspension of one year
  • Community service

Tennessee May Be Next to Add New Penalties for Drunk Driving Convictions Conclusion: The biggest change to the proposed law would require ignition interlock devices for all people convicted of drunk driving, not just repeat offenders of those who had high BAC levels.

The added expense of the ignition interlock system drastically raises the bar for those convicted of a DUI or a DWI.  Installation of these devices can be expensive. However, monthly fees and testing costs are also required from those who are required to have them.  Total costs can sometimes exceed $1500.  The added expense also makes the cost of an occupational license prohibitive.

Ignition Interlock Device: Part 2

Ignition Interlock Device: Part 2. As I discussed in my previous post, Alabama has now passed an ignition interlock device law.  It was also discussed which violations would warrant the installation of an ignition interlock device.  For those drivers who are ordered to have an ignition interlock device installed, the next consideration should be how much the device will cost initially. Furthermore, the cost of the continued operation of the ignition interlock device.

Initially individuals who have to install an ignition interlock device will have to pay the sentencing court $75 per month.  This $75 fee will be paid for the first four months while their driver’s license is suspended.  After this initial fee, drivers will have to pay a third party ignition interlock device provider different fees.  The different fees will be for the purchase/lease of a device, installation, and calibration of the ignition interlock device.  The priciest portion of these fees will likely be for the provider to calibrate the device.  Under the new law, all ignition interlock devices must be calibrated on a monthly basis.

Unfortunately the amount of these fees is unknown.  Under the law, the Department of Forensic Sciences has been tasked with establishing rules and determining which providers may install devices.  At this time, the Department of Forensic Sciences has not finalized the rules. In addition, determined which providers will be eligible to install devices.

The new law also opens drivers and other individuals up to new criminal liability.  Once a driver is ordered to install a device, they cannot operate a motor vehicle without the device being installed.  This means that a driver cannot borrow, rent, lease, or operate a motor vehicle without a functioning ignition interlock device being installed.  This law was codified in 32-5A-191.4(h)-(i).  Any individual that attempts to provide a clean breath sample may also be prosecuted criminally under 32-5A-191.4(j)-(k).  If a driver or another individual were convicted of these offenses, they can be sentenced to six months in jail and/or a $500 fine.

The attorneys of Boles Holmes White have a history of success in the court room and are ready to represent clients nationwide. If you find yourself facing DUI or DWI charges, it is important to find an experienced DUI attorney to represent you.

Ignition Interlock Device: Part 1

Ignition Interlock Device: Part 1. In 2011 the State of Alabama became the last state in the United States to pass an ignition interlock device law.  An ignition interlock device is placed in the vehicles of certain individuals convicted of DUI.  The device is connected to the vehicle’s ignition system.  In order for the vehicle to start, the driver must register a blood alcohol content (BAC) of .02% or lower.   With the passage of the ignition interlock device, Alabama joined a list of states that make it mandatory for installation of the device if a person is convicted of providing a BAC of .15% or higher or if the person is a repeat offender.

There are several ways that a person may be ordered to have an ignition interlock device installed.  If a person is convicted of a second offense within five years or a third offense within five years, those individuals will be required to have an ignition interlock device installed.  Even some first offenders will be subject to installation of an ignition interlock device.  There are really four ways that a first offender may be subject to the ignition interlock law:

1) A driver has a BAC of .15% or greater

2) A driver who refuses to provide BAC sample

3) A driver convicted of DUI who had a passenger below 14 years of age

4) A driver who causes another person to be injured.

Whenever an individual is ordered to have an ignition interlock device installed, there are several different time frames that may be imposed.  Firstly, if on a first conviction, a driver has a BAC of less than .15% then the ignition interlock device will be installed for two years.  If on a first conviction, a driver has a BAC of .15% or greater or refused to provide a BAC, then the ignition interlock device will be installed for four years.  

Secondly, if on a second conviction within five years, a driver has a BAC of less than .15% or then the ignition interlock device will be installed for two years.  Thirdly, if on a second conviction within five years, a driver has a BAC of .15% or greater or refused to provide a BAC, then the ignition interlock device will be installed for four years.  Fourthly, if on a third conviction within five years, a driver has a BAC of less than .15% then the ignition interlock device will be installed for three years.

 Furthermore, if on a third conviction within five years, a driver has a BAC of .15% or greater or refused to provide a BAC, then the ignition interlock device will be installed for six years.  If on a fourth conviction within five years, a driver has a BAC of less than .15% then the ignition interlock device will be installed for five years.  If on a fourth conviction within five years, a driver has a BAC of .15% or greater or refused to provide a BAC. However, then the ignition interlock device will be installed for ten years.

Unfortunately for those individuals subject to installation of an ignition interlock device, these time frames do not begin to run until the issuance of a valid drivers license.  This means that when a driver’s license has been suspended/revoked, the time requirement does not begin to run until the license is reinstated.  There are numerous issues involved with the new ignition interlock device law.  Anyone facing this issue should contact the DUI attorneys and Boles Holmes White.  Check back for my next post where I will discuss the issues drivers face with installation of the ignition interlock device along with some costs.

DUI Driving Clues

DUI Driving Clues. When an individual is arrested for DUI, the majority of the time a traffic stop has occurred.  The National Highway Traffic Safety Administration (NHTSA) has provided guidelines for certain clues, which indicate impaired driving.  The NHTSA has titled these as “20 clues to Impaired Driving.”

The following are the NHTSA’s clues and the likelihood a person stopped for exhibiting a clue will be intoxicated.

  1. Wide turn radius                                             65%
  2. Straddling center or lane marker                     65%
  3. Appearing to be drunk                                     60%
  4. Almost strike object or vehicle                        60%
  5. Weaving                                                        60%
  6. Swerving                                                       55%
  7. Driving on other than designated roadway       55%
  8. Slower than 10 MPH below limit                      50%
  9. Drifting                                                         50%
  10. Stopping without cause in traffic lane             50%
  11. Following too closely                                      50%
  12. Braking erratically                                         45%
  13. Tires on center or lane marker                      45%
  14. Driving into opposing or crossing traffic          45%
  15. Slow response to traffic signal                        40%
  16. Signaling inconsistent with actions                 40%
  17. Stopping inappropriately                               35%
  18. Turning abruptly or illegally                         35%
  19. Accelerating or decelerating rapidly               30%
  20. Headlights                                                   30%

I drive in Birmingham, Alabama everyday, and if I were a police officer, I could stop someone who could be classified as a suspected DUI driver every day.  These “clues” may be appropriate if some were linked together but as stand alone indicators they seem to be lacking.

The attorneys of Boles Holmes White have a history of success in the court room and are ready to represent clients nationwide. If you find yourself facing DUI or DWI charges, it is important to find an experienced DUI attorney to represent you.

Red Light Cameras Only Good for Producing Revenue

Red Light Cameras Only Good for Producing Revenue. While my practice is primarily devoted to the defense of DUI cases in Birmingham, Alabama and the surrounding areas. I find any news about traffic issues interesting.  One issue I have always disagreed with is the use of cameras to write speeding tickets and red light tickets.

Researchers at the University of South Florida discovered that red light cameras actually increased the number of accidents in Florida.  The reason for this is a driver’s tendency to try and abruptly stop at red lights.

Researchers specifically argued that the only reason for the existence of such cameras was to generate revenue for cities.  Researchers furthered argued that state and city governments should actually look at the evidence. Stop making their decisions based on revenue. Furthermore, should make decisions based on evidence.

In Baltimore, Maryland, city officials recently approved a $450,000 overhaul to replace existing speed cameras with new ones.  The reason for this overhaul was based on the high error rate of the old cameras.  How many tickets were given erroneously prior to the city making this discovery?

In Miami, Florida three speeding cameras issued over a 1000 speeding tickets within the first twelve days of their operation.  Each ticket nets the city $95.00.

Red Light Cameras Only Good for Producing Revenue Conclusion: While my practice is primarily devoted to the defense of DUI cases in Birmingham,There do not appear to be any speeding cameras in the Birmingham, Alabama area but drivers should be aware that this is a possible issue in the future.  However, based on the financial issues being faced by state and local governments it should not come as a surprise to local drivers if some of these initiatives are placed into action.

The attorneys of Boles Holmes White have a history of success in the court room and are ready to represent clients nationwide. If you find yourself facing DUI or DWI charges, it is important to find an experienced DUI attorney to represent you.

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