Authorities report that the man was intoxicated when he drove his SUV through a Grand Bay neighborhood early in the month. The man struck a 33-year-old motorcyclist after running a stop sign; he then fled the scene. Prosecutors believe the man was drinking while in his vehicle at the time of the collision. The man's blood alcohol content measured at 0.03 percent three hours after the deadly accident, indicating that he may have been legally intoxicated at the time of the crash.
]]> A passenger was also riding in the SUV at the time of the collision. Further evidence against the man includes video surveillance footage that shows him purchasing a six-pack of beer about an hour before the collision occurred. Further, the man has already been arrested in at least three states in connection with other violations. He was convicted of DUI in Florida in 2012, for example.The man's bond was set at $75,000 because of his strong ties to the community. The case remains under investigation as authorities attempt to determine whether the man is currently on probation from the December 2012 offense.
The man in this case has already enlisted a qualified criminal defense attorney, who has told media outlets that the man deserved a reasonable bond because he had to provide for his wife and children. An experienced defense attorney can help you learn more about your legal rights in connection with your DUI case, providing you with advice through the arraignment, trial, sentencing and beyond.
Source: blog.al.com, "Irvington man pleads not guilty to drunken hit-and-run in Grand Bay" Theresa Seiger, Jun. 05, 2013
]]>This information is particularly important in light of the oncoming summer holidays. As boaters take to the water in increasing numbers after each Memorial Day, officers say they increase their watchfulness for intoxicated drivers of all kinds. Boaters are subject to the same rules as drivers, who are considered impaired if their blood-alcohol content reaches or exceeds 0.08 percent.
]]> Even a first offense can yield significant personal penalties, including jail time and up to $2,100 in fines. Second offenses prompt mandatory license revocation in addition to increased financial penalties and required community service. Additional penalties can also be accrued if you boat while drunk with a child younger than 14 in your vessel.Boating is generally associated with a more relaxed atmosphere as water sports enthusiasts flock to lakes for recreation. Despite this cultural standard, authorities say boaters should remember that sun and wind exposure can increase the speed of intoxication. Water safety is always paramount as the summer months arrive, and part of responsible boating is the decision to remain sober.
If you are facing a DUI charge related to a boating accident, do not despair. A qualified criminal defense attorney can help you learn more about your legal options and responsibilities before your case progresses through the court system. Consider seeking the assistance of these professional lawyers, who guide you through the entire criminal process, from indictment to sentencing and beyond. Improve your chances of obtaining your desired outcome in your DUI case by employing a top-notch attorney.
Source: www.selmatimesjournal.com, "Same rules: Authorities warn boaters of drinking, boating" Sarah Cook, May. 25, 2013
]]>Experts say the man's blood alcohol level measured at 0.418 and 0.408 percent after two breath tests. The nationwide legal limit for drunk driving is measured at 0.08 percent. In order to reach this high value, the man, weighing in at about 150 pounds, would have had to drink the equivalent of 10 beers and seven shots in three hours. Arresting officers said the readings were among the highest they had encountered. Blood alcohol levels between 0.40 and 0.50 percent are associated with extreme alcohol poisoning and death. In other words, it is a miracle the man survived, much less that he was alert enough to converse with officers.
]]> Criminal defense attorneys in the area say the unusually high readings should be carefully scrutinized, as the man's physical capabilities and state did not seem to match the breath test readings. They suggest the man's attorney should ask for maintenance records for the measuring device, along with calibration information and other performance results. A faulty breath test may serve as a critical piece of evidence used to exonerate the driver.The man has accrued two previous DUI charges in Georgia, both in the early 2000s. He is facing a misdemeanor DUI charge after this incident.
If you are under suspicion of drunk driving, consider retaining the services of a qualified criminal defense attorney. These professionals can help you understand the implications of your breath or blood tests associated with your alleged offense. In addition, they can help protect your rights and explain your legal responsibilities as they relate to your case.
Source: articles.sun-sentinel.com, "Driver's blood alcohol was over 5 times legal limit, Boynton cops say" Brett Clarkson, May. 23, 2013
]]>The National Transportation Safety Board (NTSB) reports that the 0.05 percent limit would restrict 160-pound drivers to two beers or a single martini before getting behind the wheel. The current standard allows for two cocktails or two beers, according to various BAC calculators. Official research shows impairment begins earlier than the 0.08 level, with drivers experiencing serious effects at the 0.05 percent mark. Authorities and officials claim they want to lower the standard to lower crash risk and thereby preventing roadway deaths.
]]> Current statistics show nearly 10,000 people are killed and another 173,000 are injured each year because of drunk driving crashes. The past three decades have seen 440,000 victims die because of this dangerous practice.Private Alabama drivers must remain below the 0.08 percent standard, while commercial drivers and those under the age of 21 face even lower limits. Alabama law permits almost no wiggle room, requiring drivers to consent to breath, blood or urine tests; even if you refuse, you could be required to take the tests because of a warrant procedure. Alabama officers do not only rely on certified equipment to determine whether you are impaired. They can also use field sobriety and officer judgment to arrest you on DUI or DWI charges.
If you are arrested for drunk driving in Alabama, you should know about your legal rights in the courtroom. A qualified criminal defense attorney can help you learn more about your responsibilities and freedoms, including your right to refuse a breathalyzer test. Consider seeking advice from these legal professionals in order to achieve the best possible outcome in your drunk driving case.
Source: www.blog.al.com, "Should the blood alcohol threshold for drunk driving be lowered? (poll)" Nicole Emmett, May. 15, 2013
]]>Authorities report that the man struck the pedestrian after he got behind the wheel while intoxicated. The driver had reportedly consumed alcohol while taking a certain medication, a dangerous combination. The 40-year-old victim was walking alongside the road near the Harlem Duke Social Club in the Bullshead community in July 2011 when she was struck and killed.
]]> The defendant in this case was sentenced to 14 years' prison time, though 12 of those years were suspended. That means that he will likely spend two years in prison before being released, but if he makes further legal mistakes, he could return to custody for the remainder of the time. He must comply with probation regulations for three years after he is released from jail in order to avoid serving the rest of the sentence.The man is allowed to stay out on a $10,000 bail while the sentence is appealed by his criminal defense attorneys. He had pleaded guilty to manslaughter charges in February, though it does not appear that DUI factored in as a charge in this instance, largely because the man's defense attorneys negotiated a plea deal after the guilty plea. The man had a blood-alcohol content of just 0.059 at the time of the crash, though he was clearly impaired because of the combination of alcohol and medication. The defendant admitted that he "blacked out" and struck the woman while driving.
If you are facing manslaughter or DUI charges, consider seeking the advice of a qualified defense attorney. These professionals can help you learn more about your rights and responsibilities in the courtroom.
Source: blog.al.com, "Prichard man sentenced to two years for fatal accident that killed pedestrian" Brendan Kirby, May. 08, 2013
]]>Authorities report that the 59-year-old victim was not wearing reflective clothing or other gear to increase visibility when he was struck. The accident occurred around midnight at the poorly lit intersection of St. Francis Street and Bayou Street. Witnesses said the driver had the right-of-way, but it appeared that he may have been speeding. When the driver struck the cyclist, the victim rolled onto the hood and was then dragged beneath the car for several feet before the driver stopped.
]]> Even though the accident occurred just steps from the city's Central Fire Station, the victim was dead by the time paramedics and emergency responders arrived. He was pronounced dead at the scene. The driver called police and then walked to the nearby fire station for help when he realized what had happened, according to witnesses. Bystanders reported that the driver ran over the victim "like a dog," dragging him for some distance before attempting to get help.It is not clear whether the driver in this case is still in custody or whether a bond has been proposed. The driver in this case could face additional penalties if convicted because of his second-offender status for DUI.
The driver in this case should consider consulting a qualified drunk-driving defense attorney. These specialists are trained to argue for DUI defendants' rights, protecting them from unfair actions in court. Just because you are accused of drunk driving does not mean you are necessarily guilty. Your attorney can help you understand your legal options while educating you about various processes from arraignment to sentencing.
Source: fox10tv.com, "MPD: Bicyclist killed in DUI accident" Joe Salvatore, Apr. 29, 2013
]]>The young man took a hit of the newly popular drug 25-I, a substance that costs just about $10 for a hit. This research drug was imported from New Zealand by a Birmingham distributor who then brought the substance to Mobile. This new intoxicant has not yet made it onto the state’s list of controlled substances, according to local authorities.
]]> In response to this and other similar tragedies, law enforcement officers are stepping up their education campaigns for high schoolers and early college students, along with their parents. Several critical facts have been highlighted during question and answer sessions with authorities. For example, alcohol is the substance most commonly abused by teens, followed closely by prescription medication from the family’s medicine cabinet. Surprisingly, prescriptions are more commonly used than marijuana among the 12- to 18-year-old set.Furthermore, officers caution that youngsters can quickly reach a high blood alcohol concentration, sometimes after just a single drink. Teens are considered intoxicated drivers if they display a blood alcohol content higher than 0.02 percent; adults’ levels must reach 0.08 for most drunk-driving charges to stick.
This critical distinction in the law could leave teens more vulnerable to underage drinking charges. Teens and their families should consider enlisting the services of a qualified defense attorney who can help them understand their rights and responsibilities in court. These defense attorneys can provide support throughout the arraignment, as well as the plea and sentencing phases of a criminal case.
Source: al.com, "5 scary facts about teens, drugs and alcohol that you probably don???t know" Carol McPhail, Apr. 24, 2013
]]>The man was arrested on February 19 in Gulfport after taping an episode of the "WWE Smackdown," according to media reports. The night of his arrest, the wrestler was reportedly traveling 55 mph in a 45 mph zone. His 2013 Ford Taurus was summarily pulled over and searched. A small amount of marijuana was recovered from the man's vehicle after the investigation. Swagger was released into the custody of an acquaintance after his arrest.
]]> He will appear for a trial date on June 25 in the same location. Swagger lost a high-stakes wrestling match against Alberto Del Rio earlier in April.The judge in the case said he generally recommends that first-time offenders receive the maximum sentence of two days in custody. First-time offenders are also compelled to complete victim-impact classes in connection with the incidents, according to media information.
Authorities report if Swagger pleads or is found guilty, he will pay relatively small fines in the case: He will owe about $438 for marijuana possession, $188 for speeding and $1,300 for first-offense DUI.
Criminal defense lawyers can provide educational services for clients that can include information about potential legal options. Furthermore, DUI and DWI attorneys can preserve the rights of their clients during their arrest, indictment and sentencing procedures, among others. Defendants in DUI cases are provided with specific rights that allow them to be released from jail shortly after their arrest, mostly because they need to begin mounting their criminal defense in short order.
Source: thesunherald.com, "Wrestler Jack Swagger set for DUI trial in Gulfport," Robin Fitzgerald, April 10, 2013
]]>Interviews indicate that the oxycodone found in the woman's vehicle belonged to her husband. The woman said she had consumed several alcoholic beverages at home before leaving the house, but her friend drove both of them to pick up the woman's mother-in-law. The pair also transported three children ranging in age from 6 months to 9 years old. After the friend returned home, the woman's mother-in-law drove to the gas station.
]]> The woman claims that she got into a fight with her mother-in-law, who exited the vehicle after pulling into the gas station parking lot. The older woman left the vehicle, but the suspect remained in the car. She contends that the gas station clerk did not notice that her mother-in-law had left. After the woman departed, the suspect used the restroom and then tried to reestablish contact with her relative. It was at that time that officers arrived to arrest her for DUI.The woman claims that she gave her keys to the gas station attendant because she did not intend to drive.
Authorities report that the woman's arrest constitutes a violation of her probation for a previous DUI and the sale of a prescription anti-anxiety drug. Her next hearing will be held on April 15. It is not clear whether the woman intends to plead guilty in the case; her insistence that her mother-in-law was behind the wheel may introduce reasonable doubt into a jury trial. The woman should seek legal advice to determine her best plea options.
Source: Ocala.com, "Woman charged with DUI claims she was not driving," Austin L. Miller, April 6, 2013
]]>The woman entered the guilty plea about four months after she was stopped by area police officers at an intersection in Auburn. Although breath tests at the scene did not indicate the presence of alcohol, the woman did release a statement indicating that she had consumed prescription medication. The driver was reportedly altered because she took the legally prescribed narcotics. Even though she was legally permitted to take the medication, the woman should not have driven while under the influence of those drugs.
]]> As a result, she was charged with improper use and charged $164 in court-related costs and fines. She will also be required to participate in the six-month pre-trial diversion program, though it is not clear when she will begin the process. Attorneys say the woman could have her guilty plea adjudicated if she fails to complete the program.The woman's defense attorneys said the decision to participate in the pre-trial program will allow the woman to get back to work as the head of the emergency management agency. She has been the head of that organization since 2009, according to media reports.
In this situation, the woman's decision to plead guilty and pursue an alternative course of action will keep her from paying massive fines and serving court time. Of course, she will be responsible for actually completing the diversion program, which may include therapeutic activities and community service. The woman's defense attorneys worked to negotiate a favorable agreement that will not damage her reputation or her ability to earn a living. In all, every party benefitted from the creative solution.
Source: OANow, "Lee County EMA director agrees to pre-trial diversion program," Donathan Prater, March 28, 2013.
]]>Now, a circuit judge has ruled that prosecutors may not have agreed to allow the man to participate in a pretrial diversion program. The program would have allowed the dismissal of the DUI charges as long as the man participated in rehabilitation activities. Defense attorneys said they finalized the plea deal with prosecutors in September, but government lawyers reported that they had never consented to the agreement.
]]> In this case, the burden of proof is on the defendant, who was responsible for maintaining proper records relating to the plea agreement.The judge admitted that she thought both sides were genuine in their arguments; it appears that defense attorneys honestly believed a plea bargain had been reached. Further, prosecutors in the case seemed sincerely baffled when the terms of the plea deal were described.
Now, Fairley has entered a replacement plea of not guilty. He will receive a nonjury trial that has the possibility for appeal to the circuit court. The entire list of original charges is still pending, including three counts of misdemeanor DUI, reckless driving and evading arrest. The incident occurred on May 27, 2012.
This case illustrates the importance of maintaining open lines of communication with prosecutors in the event of a plea deal. Courtroom documents must be prepared through a rigorous set of rules; if even one part of the system breaks down, an individual can face dire criminal consequences. The man is working through the issues with his legal team, but he may not feel that he was treated fairly through the state courts.
Source: Detroit Free Press, "No plea deal Nick Fairley DUI case, judge rules," Brendan Kirby, March 21, 2013
]]>Unfortunately, when most people hear that a driver had consumed alcohol before driving, they automatically heap the blame from any accident or issue unfairly on that motorist.
]]> A 55-year-old man in Mobile, Alabama, was recently caught up in a minor car accident as he made his way to the grocery store. Authorities hit the man with drunk driving charges as a result.The man contends that he was not intoxicated during his trip to the grocery store, when the accident struck. The accident happened when he hit an SUV that was passing him. He just clipped the vehicle. The man speculated that the SUV was speeding because he claimed he never saw it before he struck it.
Police did administer one field sobriety test, according to the man's argument. He said he was forced to do a heel-toe test, but the test was being conducted on a hill so it affected his balance.
He also said that he was about to take an alcohol breath test, but officers at the police station appeared to have difficulty setting up the Breathalyzer. He worried about the reliability of the breath test. He also heard that the occupants of the SUV were making comments that suggested they might sue him.
Ultimately, the man refused to take the breath test. This means he will lose his driver's license for 90 days.
The man had some logical concerns regarding the way in which he was tested for his level of intoxication. It is likely that he will fight the charges in court as to avoid the life-changing punishments that can come with DUI convictions -- fines, loss of driving privileges, damage to reputation and even time in jail.
Source: AL.com, "Mobile lawyer charged with DUI says he was not impaired during weekend accident," Brendan Kirby, March 13, 2013
]]>Just recently, those drunk driving charges were dropped. A spokesperson for the Huntsville School District, for which the assistant principal worked, confirmed that further investigation revealed that the man was not driving while under the influence during the time of his arrest.
]]> The man's arrest came at a time when other members of the school district's staff were also experiencing trouble with the law. The legal issues were so concerning to the school board, that the board adopted a new policy that made it mandatory for school staff to report their run-ins with the law to the superintendent.Employees have three business days from their incident to notify the superintendent in writing. These incidents can range from an arrest -- where a person is still considered innocent -- to a conviction. Employees do not need to notify the superintendent of such small offenses like certain traffic tickets.
Those that fail to abide by the new policy could be let go from their position. The assistant principal that recently cleared his name of the drunk driving charges reported his arrest the next day.
However, an elementary school teacher in the district did not notify the superintendent when she was arrested for illegally purchasing guns. The school board found out about it when she was sentenced to probation.
Media reports did not indicate why police arrested the assistant principal even though it proved later he was not driving under the influence of alcohol. Unfortunately, just by being arrested, the damage has been done and the man's reputation is likely tarnished throughout the community.
Source: AL.com, "Westlawn Middle administrator cleared on DUI charge; board passes self-reporting policy," Crystal Bonvillian, March 8, 2013
]]>Authorities report that the woman admitted to being drunk when she struck an object on South Thomas Drive. The woman thought she had struck a traffic barrel, but she actually ran over the 23-year-old victim. The suspect was accused of leaving the scene of the accident and returning to her home that she shared with a roommate.
]]> The suspect tried to convince police officers that her roommate had driven home. The woman's blood alcohol level was never tested, so the DUI manslaughter charge did not stick. Still, the hit-and-run charge carries more weight than even a felony DUI manslaughter charge, which carries a maximum 15-year prison sentence.In this case, the suspect decided to plead not guilty to the hit-and-run charges. The jury took about 90 minutes to return a guilty verdict, despite the woman's attempts to show that she did not realize that she had hit a person. She is slated to attend a sentencing hearing on March 15.
Instead of facing a jury trial, the woman could have chosen to plead guilty. It is possible that she could have faced a reduced charge in connection with the case. Her attorneys may have advised the woman to submit a not-guilty plea because they doubted the prosecutors' evidence in the case. Now, though, she is less likely to receive clemency during sentencing because she did not admit to the crime.
Source: The News Herald, "UPDATED: Driver found guilty in fatal hit and run," Chris Olwell, Feb. 27, 2013
]]>This is a situation that a woman from Decatur, Ala., finds herself in. The 21-year-old woman has racked up 10 charges, including driving under the influence, after she led police on a chase recently. The chase did not end before the woman levied damage to two police patrol cars and then crashed into a building that an insurance company calls home.
]]> Her criminal defense in the case may differ from traditional DUI cases, as her laundry list of charges include:- DUI
- Attempting to flee or elude
- Possession of drug paraphernalia
- Four counts of leaving the scene of an accident
- Resisting arrest
- Reckless driving
- Failure to appear in court (tied to a previous criminal charge)
The woman remains in jail under $5,000 bond. A passenger riding with her at the time was also arrested and is being held on $1,000 bond. She was only charged with possession of drug paraphernalia and resisting arrest.
The incident played out at 2:30 a.m. one night. Police pulled the woman over after realizing she had an outstanding warrant. The woman drove off during the traffic stop. During the pursuit, the woman stopped and officers approached the vehicle. She proceeded to drive into their patrol cars. This happened twice.
Little information was made known through media reports on the woman's blood alcohol content and how or if the officers tested her for alcohol consumption.
The woman can opt to plead not guilty to the DUI charge alone if she believes police inaccurately gauged her level of sobriety during the chase. However, the woman will have to formulate appropriate criminal defense for the trove of charges in which she faces.
Source: AL.com, "Decatur driver who struck insurance building, 2 patrols cars during police chase being held on 10 charges," Kelly Kazek, Feb. 22, 2013
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