DUI DWI News: Why You Don't Want a Conviction.

DUI - More News from the Front…

Jamie — Fri, 25 Jul 2008 14:15:09 +0000

More News from the Front…
Apparently, the MADDness isn’t limited to the U.S…. Richmond Hill Man Charged with Drunk Driving on Lawn Mower Toronto, Canada. July 11 - A Richmond Hill man faces a drunk driving charge after York Regional Police caught him riding a lawn mower on the sidewalk Sunday allegedly drinking a beer… Police took the opportunity to remind residents any motorized vehicle […] Apparently, the MADDness isn’t limited to the U.S….

Richmond Hill Man Charged with Drunk Driving on Lawn Mower

Toronto, Canada. July 11 - A Richmond Hill man faces a drunk driving charge after York Regional Police caught him riding a lawn mower on the sidewalk Sunday allegedly drinking a beer…

Police took the opportunity to remind residents any motorized vehicle including ATVs, scooters and jet skis are all subject to the impaired driving provisions in the Criminal Code.

Source: www.duiblog.com

Utah DUI Attorney Perspective on Friends letting Friends Drive Drunk

An article written in the Daily Utah Chronicle surfaced today regarding friends letting friends drive Drunk. The writer brings out some good points that I would like to highlight.

Being convicted of a DUI in Utah carries steep criminal penalties, including revocation of your driver’s license, jail time, fines and community service. These penalties increase and are compounded with every repeated DUI offense.
This New Year’s holiday weekend, the Utah Highway Patrol said it made just six arrests in Salt Lake and Utah counties for driving under the influence, and there were no DUI-related crashes.
under Utah’s laws, even if your BAC is less than .08 percent, you can be arrested and charged with a DUI if you are still driving impaired by drugs or alcohol.

The thing that is interesting about this article is all the doom and gloom statistics. This thinking leads to punish the innocent for the sake of punishing the guilty. What I mean by that is it is dangerous to assume that "most drunk drivers don’t get caught the first time they drive drunk. " I had a judge mention this statistic once. He then punished the guy for all the times "he did not get caught." People should be judge by the crime at hand, not by the crimes they could have or even probably have committed. We still believe in the presumption of innocence, don’t we? Here’s the remainder of the article below.

Niedrich: Friends don’t let friends drive drunk
By: Anastasia Niedrich
Posted: 1/7/08
Every year, people celebrate the coming of the new year in different ways. Some people play board games and watch movies with their family, as I do. Others go out to eat and go dancing. Others drink alcohol and party, and some of them choose to drink and drive.

Those who drink or do drugs and drive in Utah risk being charged with two crimes: driving while under the influence and driving while over the limit — with a blood alcohol content of more than 0.08 percent. For a 170-lb. male, it takes only three to four drinks to get to the legal limit. For a 135-pound female drinker, it takes only two to three drinks. This means that under Utah’s laws, even if your BAC is less than .08 percent, you can be arrested and charged with a DUI if you are still driving impaired by drugs or alcohol.

Being convicted of a DUI in Utah carries steep criminal penalties, including revocation of your driver’s license, jail time, fines and community service. These penalties increase and are compounded with every repeated DUI offense.

Why should college students like you care about this? Because national statistics show motorists between the ages of 21 and 34 are continuing to drink and drive more than those in any other age group. Last year, almost half the country’s motorists found to have a blood alcohol content of .08 or higher were in this age group.

Worse yet, most drunk drivers don’t get caught the first time they drive drunk. K. Craig Allred, director of the Utah Department of Public Safety’s Highway Safety Office, said according to statistics from the National Highway Traffic Safety Administration, a person who chronically drinks and drives will drive impaired on average between 200 to 2,000 times before he or she is caught.

With statistics like these, we should consider ourselves to be very lucky there aren’t more deaths due to drunk driving. But this is not to say there aren’t enough deaths already.

During 2005, the last year for which statistics are available, 16,885 people in the United States died in alcohol-related motor vehicle crashes, representing 39 percent of all traffic-related deaths. This means if we could put a stop to drunk driving, we could reduce auto fatalities by about 40 percent.

So how does Utah compare to the nation for DUI offenses and fatalities? One might think that Utah would not have much of a DUI problem. However, just a few years ago, Utah was climbing up the ranks and was near the top nationally for its high rate of DUI crashes and fatalities. Thankfully, due to an aggressive statewide media and law enforcement campaign in the past few years, Utah has decreased its DUI rate by about 50 percent. This New Year’s holiday weekend, the Utah Highway Patrol said it made just six arrests in Salt Lake and Utah counties for driving under the influence, and there were no DUI-related crashes.

While these statistics are promising, thousands of lives are still lost every year, and the Highway Patrol alone can’t stop drunk driving.

Some states and municipalities have implemented laws that require repeated DUI offenders to install Breathalyzer ignition locks in their cars. If the driver’s BAC is too high, the car ignition will lock. The driver can try to pass the test again once each hour until he or she is sober enough to pass the test and drive.

One thousand dollars per device sounds expensive until you consider the high number of DUI-related crashes, injuries and deaths each year and the resulting costs. Such incidents kill someone every 31 minutes and injure someone else every two minutes. Additionally, each year, alcohol-related crashes in the United States cost about $51 billion. For these reasons, I think it would be worth our government’s while to require these devices to be retrofitted in all cars on the road. Even with almost 250,000,000 cars on U.S. roads today, a program mandating the installation of a Breathalyzer ignition lock in every car would pay for itself in just four years, and save lives.

So what can you do to help for now? One of the best things you can do is to educate yourself about drunk driving so you can spread the word to others. Another thing you can do is take your friends’ or family members’ keys and prevent them from driving after they’ve been drinking. This may sound hard to do, but it’s not. Most people, when approached and advised not to drive because they seem too impaired, will hand you their keys willingly. For others, a good trick is to put their keys in a safe hiding place, like their freezer. When your friend wakes up in the morning or after he or she sobers up, you can tell him or her where the keys are hidden.

Working together, knowing our limits — and not testing them when we’re unsure — and preventing others from acting foolishly by driving under the influence, we can save many lives each year. As the slogan says and as we should do, "Friends don’t let friends drive drunk."

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Phoenix DUI News: Sheriff Joe Fires Shaq Over Kobe Rap
If you get pulled over for a DUI in the Phoenix area, you won't have the possible honor of having your friendly Maricopa County Sheriff's deputy assisted by posse-member O'Neal. (…)

If you get pulled over for a DUI in the Phoenix area, you won't have the possible honor of having your friendly Maricopa County Sheriff's deputy assisted by posse-member O'Neal.

Whatever the naughty word was that Sheriff Joe took offense to, I would hazzard a guess that Shaq is on record saying it more than once in the past, and more than once before he was initailly admitted to the posse and the made a colonel.

That opens the question of what kind of background checks really go into our citizen posse here in Maricopa County. This Shaq things is silly, but the questions it raises are serious.

Quoted from http://sports.yahoo.com/nba/news?slug=ap-shaq-kobe-rap&prov=ap&type=lgns:

Shaq gets slapped by sheriff for rap about Bryant - NBA - Yahoo! Sports

PHOENIX (AP)—Shaquille O’Neal will lose his special deputy’s badge in Maricopa County because of language he used in a rap video that mocks former teammate Kobe Bryant.

Maricopa County Sheriff Joe Arpaio said the Phoenix Suns center’s use of a racially derogatory word and other foul language left him no choice. Arpaio made Shaq a special deputy in January and promoted him to colonel of his largely ceremonial posse earlier this month.

“I want his two badges back,” Arpaio told The Associated Press on Tuesday. “Because if any one of my deputies did something like this, they’re fired. I don’t condone this type of racial conduct.”

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Arizona DUI Taskforce Makes 306 Arrests During Fourth Of July Holiday
At first glance it seems that the number of DUI arrests year over year for this holiday weekend is way down. (…)

At first glance it seems that the number of DUI arrests year over year for this holiday weekend is way down. However, it is difficult to compare because this year's 4th of July fell on a Friday, where last years fell on a Wednesday. It also rained in certain parts of AZ, and it was not a full moon.

All kidding aside, it is interesting that the highway safety office has not yet (on the record) claimed that the lower numbers of arrests this year are attributable to the new tougher Arizona DUI laws that are in effect now.

Quoted from

306 DUI arrests in Ariz. during holiday

Arizona state officials say that officers from multiple law enforcement agencies made 306 DUI arrests during the Fourth of July weekend.

The Governor's Office of Highway Safety says the total included 86 arrests for extreme DUI, that is people who have a blood-alcohol level of .15 or above.

People are considered intoxicated in Arizona when their blood-alcohol level is .08 or above. duiattorney.com/wp-content/uploads/2008/07/34323131353565323437626632643230.gif” width=”1″ />

Law enforcement officers made 519 DUI arrests during the period before and after the July Fourth holiday last year.

However, a release from the highway safety office notes that last year's enforcement crackdown included more officers and spanned two weekends since the Fourth was on a Wednesday.

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Police Get DUIs in Utah??? (DWI)

Jamie — Thu, 24 Jul 2008 20:46:02 +0000

Police Get DUIs in Utah???

The Police are making arrests for DUIs. A story broke today about 30 officers being disciplined. Many of the disciplined officers were involved in sexual misconduct. However, I was shocked to see a few of them were officers convicted of DUI or Alcohol Related offenses. One of the officer’s was the the poster child for getting tough of DUIs.

Here’s a break down of what discipline occurred:

Officers disciplined

Other current or former peace officers disciplined today were:
– Centerville police: John F. Spencer, revoked for felony convictions of child abuse and assault
– Salt Lake County Sheriff s Office: Jaron H. Brown and Ronald Friend, two-year suspensions for sexual misconduct and associating with criminals; James M. Coleman, revoked for theft conviction
– Orem police: Barry T. Nielsen, revoked for conviction of sexual battery
– Utah Highway Patrol: John C. Ellis, revoked for criminal trespass
– South Ogden: Stuart J. Ford, revoked for domestic violence
– Utah County Sheriff s Office: Troy W. Abplanalp, revoked for conviction of making threats with a weapon
– Salt Lake Valley Emergency Communications Center: Stephanie K. Poret, revoked for drug use
– Tooele County Sheriff s Office: Elizabeth M. Miller, revoked for custodial sexual misconduct
– Salt Lake City police: Roger J. Nielson, revoked for sexual misconduct; Cortney C. Haggerty, four-year suspension for drug use
– Utah Department of Corrections: Stephen A. Gray, revoked for custodial sexual misconduct; Katie C. Schofield, revoked for custodial sexual misconduct; Robert W. Crozier, revoked for sexual misconduct with a state computer; Alan W. Hurst, three-year suspension for driving under the influence; Bryan R. Sandness, two-year conviction for driving under the influence; David A. Goodrich, 9-month suspension for pattern of misconduct
– Ogden police: Leon Weese, 18-month suspension for sexual misconduct
– University of Utah police: Tory K. Park, three-year suspension for driving under the influence
– Police academy cadets: Benjamin L. Walker, four-year suspension for theft; Valerie Hutchens, four-year suspension for falsifying her application
– Washington County Sheriff s Office: Joy L. Andrews, three-year suspension for lying
– Cache County Sheriff s Office: Jared L. Glover, one-year suspension for pattern of misconduct

Chief, jail officers among more than 30 disciplined by police board
By Nate Carlisle
The Salt Lake Tribune

Salt Lake Tribune
Article Last Updated:
Posted: 6:00 PM- ST. GEORGE - In what might be the largest docket in its history, the state’s police board Monday booted or disciplined more than 30 peace officers accused of wrongdoing.
That included action against the former Helper police chief and four Utah County jail officers all accused of sexual misconduct.
The four jail officers were found to have had sex with a woman jail employee in the evidence room and other locations in the jail, said the board’s investigator, Lt. Steve Winward. All four men, the woman and another male jail employee have already resigned after the affair came to light in the fall.
One Corrections officer, Michael Kingston, had his peace officer certification revoked, meaning he cannot practice law enforcement elsewhere in Utah. A former sergeant at the jail, Mark B. Binks, received a four-year suspension of his certification, while jail officer Michael H. Houck received a three-year suspension and jail officer James B. Collyer was suspended for two years.
The board revoked the peace officer certification of former Helper Chief George Zamantakis for having an affair with a one-time department secretary and then lying about it to state investigators.
Winward said when the affair came to light it caused a disruption in the small town. But investigators also noted Zamantakis still had the support of the mayor and other officers with the police department.
The board, called the Utah Peace Officer Standards and Training Council, adjudicated twice as many cases as normal for its quarterly meeting. Winward said the high number was not the sign of an increased discipline problem in Utah police but rather investigators and the board trying to adjudicate cases that had been ongoing.
"We were cleaning things out," Winward said.
The board meeting is coinciding with the annual conference of the Utah Chiefs of Police Association. One of the conference discussion items for Tuesday is titled: "Ethics on the Job: A Continuing Challenge."
The board also revoked the certification of former Hildale and Colorado City, Ariz., marshals Fred Barlow and Preston Barlow. The two marshals, which worked in the polygamist community on the Utah-Arizona border, already have been decertified in Arizona. They were found to have written to the community’s leader, Warren Jeffs, while he was a fugitive and they failed to answer the questions of investigators looking for Jeffs.
The board issued a four-year suspension to former Utah Highway Patrol Lt. Fred Swain. In June 2006, Swain, who lead UHP’s DUI squad, wrecked his UHP car in Draper and was charged with driving under the influence. He resigned from the patrol and later pleaded guilty to alcohol-related reckless driving.

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Utah DUI Substance Abuse Classes

I often get calls from people asking where they can get substance abuse counseling when they are being charged with a DUI. If a person is convicted of a DUI, a person is required to have an evaluation to determine if a treatment is necessary. I don’t think I have ever had a client convicted of a DUI and the evaluator did not recommend treatment. It just cuts against the grain and common sense. Some people have felt these classes are not about rehabilitation so much as money. I disagree with that opinion and often recommend a client get into treatment before going to Court. Whether we are contesting the charge or not, the treatment is relatively cheap and it can only help the person. My theory is that an alcoholic is not necessarily a person who has to drink everyday. My definition of an alcoholic is when alcohol begins to interfere with a person’s life regardless of how much or how often they drink. Getting a DUI is definitely an interference with a person’s life.

There are a lot of great programs out there. However, for the Courts and the DMV to recognize the class, it must be a State Certified "Prime for Life" class. This web site is great to find classes all around the country and in a person’s own city. I suggest you call them directly and verify that they are state certified and teach a class that is recognized by the Courts. Hitting the continue reading button will give you a list of providers in the Ogden area.

Facility No. Name Address Phone Distance Maps
1 Weber Human Services
237 26th Street
Ogden, UT 84401 (801) 625-3700 2.09 miles
Map It!
Primary Focus: Mix of mental health and substance abuse services
Services Provided: Substance abuse treatment, Detoxification
Type of Care: Residential short-term treatment (30 days or less), Outpatient
Special Programs/Groups: Adolescents, Persons with co-occurring mental and substance abuse disorders, Women, Men, DUI/DWI offenders, Criminal justice clients
Forms of Payment Accepted: Self payment, Medicaid, Medicare, State financed insurance (other than Medicaid), Private health insurance, Military insurance (e.g., VA,TRICARE)
Payment Assistance: Sliding fee scale (fee is based on income and other factors)
Special Language Services: ASL or other assistance for hearing impaired

Hotline: (801) 625-3700
Website: http://www.weberhs.org

2 Salvation Army
2615 Grant Avenue
Ogden, UT 84401 (801) 621-3580×22 2.18 miles
Map It!
Primary Focus: Substance abuse treatment services
Services Provided: Substance abuse treatment, Halfway house
Type of Care: Residential long-term treatment (more than 30 days)
Forms of Payment Accepted: Medicare, Private health insurance

3 Clinical Consultants
2351 Grants Avenue, Suite 100
Ogden, UT 84401 (801) 621-8670 2.18 miles
Map It!
Primary Focus: Mix of mental health and substance abuse services
Services Provided: Substance abuse treatment
Type of Care: Outpatient
Special Programs/Groups: Persons with co-occurring mental and substance abuse disorders, Women, Men, DUI/DWI offenders
Forms of Payment Accepted: Medicare, Private health insurance, Military insurance (e.g., VA,TRICARE)
Special Language Services: Spanish

Website: http://www.clinicalconsultants.org

4 New Horizons Education and Treatment
3003 Grant Avenue
Ogden, UT 84401 (801) 392-6958 2.30 miles
Map It!
Primary Focus: Mix of mental health and substance abuse services
Services Provided: Substance abuse treatment
Type of Care: Outpatient
Special Programs/Groups: DUI/DWI offenders
Forms of Payment Accepted: Medicare, Private health insurance
Special Language Services: Spanish

Intake: (801) 593-0008
Website: http://www.horizons4u.com

5 Metamorphosis Ogden Inc
2144 Washington Boulevard
Ogden, UT 84401 (801) 622-5272 2.38 miles
Map It!
Primary Focus: Substance abuse treatment services
Services Provided: Substance abuse treatment, Detoxification, Methadone Maintenance, Methadone Detoxification, Buprenorphine Services
Type of Care: Outpatient
Forms of Payment Accepted: Medicare, State financed insurance (other than Medicaid)
Special Language Services: ASL or other assistance for hearing impaired

Website: http://www.breakaddiction.org

6 Professional Services Corporation
533 26th Street, Suite 102
Ogden, UT 84401 (801) 621-3624 2.52 miles
Map It!
Primary Focus: Mix of mental health and substance abuse services
Services Provided: Substance abuse treatment, Detoxification
Type of Care: Outpatient
Special Programs/Groups: Adolescents, Persons with co-occurring mental and substance abuse disorders, Gays and Lesbians, Seniors/older adults, Pregnant/postpartum women, Women, Men, DUI/DWI offenders, Criminal justice clients
Forms of Payment Accepted: Medicaid, Medicare, Private health insurance, Military insurance (e.g., VA,TRICARE)
Payment Assistance: Sliding fee scale (fee is based on income and other factors)
Special Language Services: Spanish

Intake: (801) 621-3640

7 Utah Alcoholism Foundation
Serenity House
529 25th Street
Ogden, UT 84401 (801) 392-5971 2.53 miles
Map It!
Primary Focus: Substance abuse treatment services
Services Provided: Substance abuse treatment
Type of Care: Residential short-term treatment (30 days or less), Residential long-term treatment (more than 30 days), Outpatient, Partial hospitalization/day treatment
Special Programs/Groups: Pregnant/postpartum women, Women, Men
Forms of Payment Accepted: Self payment, Private health insurance

Website: http://www.uafut.org

8 Blue Skies Recovery Center
727 24th Street
Ogden, UT 84401 (801) 392-8900 2.82 miles
Map It!
Primary Focus: Substance abuse treatment services
Services Provided: Substance abuse treatment
Type of Care: Outpatient, Partial hospitalization/day treatment
Special Programs/Groups: Adolescents, Persons with co-occurring mental and substance abuse disorders, Persons with HIV/AIDS, Gays and Lesbians, Seniors/older adults, Pregnant/postpartum women, Women, Men, DUI/DWI offenders, Criminal justice clients
Forms of Payment Accepted: Self payment, Medicaid, Medicare, Private health insurance
Payment Assistance: Sliding fee scale (fee is based on income and other factors)

Intake: (801) 394-1212 Hotlines: (801) 392-8900 (801) 394-1212

9 Ogden Regional Medical Center ACT
5475 South 500 East Street
Ogden, UT 84405 (801) 479-2250 4.62 miles
Map It!
Primary Focus: Substance abuse treatment services
Services Provided: Substance abuse treatment, Detoxification, Buprenorphine Services
Type of Care: Hospital inpatient, Outpatient, Partial hospitalization/day treatment
Special Programs/Groups: Persons with co-occurring mental and substance abuse disorders, Persons with HIV/AIDS, Women, Residential beds for clients’ children, Men
Forms of Payment Accepted: Medicaid, Medicare, State financed insurance (other than Medicaid), Private health insurance, Military insurance (e.g., VA,TRICARE)
Special Language Services: ASL or other assistance for hearing impaired

Intakes: (800) 215-2250 (800) 237-9194
Website: http://www.ogdenregional.com

10 Positive Adjustments Corporation
466 North Main Street, Suite 207
Clearfield, UT 84015 (801) 776-4628 7.00 miles
Map It!
Primary Focus: Substance abuse treatment services
Services Provided: Substance abuse treatment
Type of Care: Outpatient
Special Programs/Groups: DUI/DWI offenders
Forms of Payment Accepted: Medicare

Website: http://www.positiveadjustments.com

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Arizona DUI Penalties Fund State Police Programs (DUI-DWI-News.net)

Jamie — Thu, 24 Jul 2008 05:45:22 +0000

Arizona DUI Penalties Fund State Police Programs
By my count the article below accounts for at least $3 million in new revenue resulting from enhanced Arizona DUI fines. (…)

By my count the article below accounts for at least $3 million in new revenue resulting from enhanced Arizona DUI fines.

Quoted from http://www.azcentral.com/arizonarepublic/local/articles/0705winlose0706budget.html:

A look at the haves and have-nots

Highway Patrol officers, local police. Local police departments will share a $500,000 pot of money (from new DUI penalties) to retrofit their vehicles with fire-prevention equipment that would protect them from explosions due to rear-end collisions. The state Department of Public Safety, which patrols the highways, among other duties, will get $2.5 million from new DUI fines for similar upgrades. Money can also be used for protective armor, electronic stun guns and other devices.

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DUI - Utah DUI Attorney Perspective on Friends letting Friends Drive Drunk

Jamie — Wed, 23 Jul 2008 13:15:09 +0000

Utah DUI Attorney Perspective on Friends letting Friends Drive Drunk

An article written in the Daily Utah Chronicle surfaced today regarding friends letting friends drive Drunk. The writer brings out some good points that I would like to highlight.

Being convicted of a DUI in Utah carries steep criminal penalties, including revocation of your driver’s license, jail time, fines and community service. These penalties increase and are compounded with every repeated DUI offense.
This New Year’s holiday weekend, the Utah Highway Patrol said it made just six arrests in Salt Lake and Utah counties for driving under the influence, and there were no DUI-related crashes.
under Utah’s laws, even if your BAC is less than .08 percent, you can be arrested and charged with a DUI if you are still driving impaired by drugs or alcohol.

With statistics like these, we should consider ourselves to be very lucky there aren’t more deaths due to drunk driving. But this is not to say there aren’t enough deaths already.

While these statistics are promising, thousands of lives are still lost every year, and the Highway Patrol alone can’t stop drunk driving.

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Be careful this fourth (DUI-DWI-News.net) of July Weekend: Don’t drink and drive

Jamie — Tue, 22 Jul 2008 20:00:27 +0000

Be careful this fourth of July Weekend: Don’t drink and drive
Be careful this weekend. It is always best, if there is any question at all, to take a cab or give the keys to somebody who has not been driving. (…)

Be careful this weekend. It is always best, if there is any question at all, to take a cab or give the keys to somebody who has not been driving. The best way to avoid a DUI in Arizona is to not get behind the wheel of any vehicle if you have had anything at all to drink.

In Arizona, the law allows you to drink and then drive, but the reality is that conviction is possible at very low alcohol levels, in fact it is possible to be convicted of drunk driving even if you are under a .080.

Have a safe and happy 4th!

Quoted from DUI saturation patrols gearing up for holiday weekend | LOCAL NEWS | Local Breaking News from AZFAMILY.COM & KTVK 3TV - Arizona's Family

Last year, more than 500 drivers were cited for DUI during the extended Fourth of July detail. During that time, alcohol was involved in 12 driving deaths.

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Be careful (DWI) this fourth of July Weekend: Don’t drink and drive

Jamie — Tue, 22 Jul 2008 20:00:20 +0000

Have a safe and happy 4th!

Quoted from DUI saturation patrols gearing up for holiday weekend | LOCAL NEWS | Local Breaking News from AZFAMILY.COM & KTVK 3TV - Arizona's Family

Last year, more than 500 drivers were cited for DUI during the extended Fourth of July detail. During that time, alcohol was involved in 12 driving deaths.

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Utah DUI Substance Abuse Classes

Hotline: (801) 625-3700
Website: http://www.weberhs.org

Website: http://www.clinicalconsultants.org

Intake: (801) 593-0008
Website: http://www.horizons4u.com

Website: http://www.breakaddiction.org

Intake: (801) 621-3640

Website: http://www.uafut.org

Intake: (801) 394-1212 Hotlines: (801) 392-8900 (801) 394-1212

Intakes: (800) 215-2250 (800) 237-9194
Website: http://www.ogdenregional.com

Website: http://www.positiveadjustments.com

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Lawnmower Man Gets a DUI
This qualifies as absurd. A 200 feet pursuit. What a waste of police resources. (…)

This qualifies as absurd. A 200 feet pursuit. What a waste of police resources.

Quoted from http://www.npr.org/templates/story/story.php?storyId=92028605:

North Pole man clipped for DUI on riding mower : NPR

NORTH POLE, Alaska June 24, 2008, 10:06 pm ET · Alaska State Troopers used lights and sirens to apprehend a North Pole man suspected of driving under the influence after he allegedly led them on a slow-speed chase that covered several lawns.

The 20-year-old man was on a riding mower. Sunday's pursuit lasted about 200 feet and reached speeds of up to 5 mph before a trooper got out of a cruiser and told the man to stop.

Troopers received a call early Sunday complaining of an intoxicated man driving a mower. They said Wyatt Lewis's blood-alcohol content was 0.18 percent, more than twice the legal limit of 0.08 percent.

Driving a lawnmower while drunk qualifies for a DUI charge. Lewis was also charged with failure to stop at the direction of a peace officer.

No phone number was listed for Lewis in North Pole and a message left with the Fairbanks Correctional Center on Tuesday was not immediately returned.

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Followup on Washington Breath Test Fiasco!

Barry Logan is (was) the head of the Washington State Crime Lab. He has resigned because of the fiasco that took place in the lab. I met Barry at a course I took in Indiana. He was very knowledgeable about the science of Breath Testing. I’m sad that this has cost him his career. I am sad that innocent people may have been convicted because of the things that happened in the lab. I am also sad for a corrupt justice system. Here is the story as posted in Seattle.

I have also posted the story here in case the link dries up.

State crime lab chief resigns after problems raised on DUI evidence
Director, who leaves in March, says problems now fixed
By TRACY JOHNSON
P-I REPORTER

The head of the state labs that test crime evidence is stepping down, a move that prosecutors and defense lawyers say could help bring back lost confidence in the way drunken-driving cases are handled around the state.

Barry Logan’s resignation, effective March 14, comes after a series of problems at the Washington State Patrol toxicology lab have cast doubts on breath tests for suspected drunken drivers.

Mike Urban / P-I
Barry Logan talks to the media Thursday about his crime lab resignation. At right is State Patrol Chief John Batiste.
"Barry has done an excellent job of addressing the issues during this difficult period," State Patrol Chief John Batiste said. "But he and I agree that forward momentum will require different leadership."

The decision stunned attorneys who have worked with Logan on criminal cases and saddened his staff, leaving some in tears, but the lab has drawn stinging criticism about errors and ethical problems in recent months.

"Too many things went wrong on his watch," said defense attorney Francisco Duarte, who specializes in DUI cases. "I believe he wanted to run a laboratory that was based on integrity — and ultimately, he failed to do so."

DUI attorney Ted Vosk, who has worked to uncover problems at the lab and has persuaded judges to throw out many breath-test results, said he believed Logan’s departure was appropriate.

"His stepping down now seems to represent, at least in my mind, that we were right," Vosk said.

Logan has served as the state toxicologist since 1990 and became director of the Forensic Laboratory Services Bureau — overseeing toxicology and crime labs — in 1999, managing 220 workers at eight lab locations.

On Thursday, he said he has dedicated his career "to quality evidence in DUI cases" and, after spending months trying to fix the lab’s problems, wants the public to know it "can have confidence in the results of these tests."

"I have done as much as I can," he said. "I feel that it’s going to help move things forward to have a new director."

Logan, a 46-year-old native of Scotland who is well known and respected in his field, said he remains proud of the labs’ work and takes responsibility for many of the Seattle-based toxicology lab’s errors — though he believes they were "dramatically overstated" by defense attorneys.

"With the benefit of hindsight, I can always say that I might have handled things differently," he said.

Doubts about the lab’s work surfaced last summer, when lab manager Ann Marie Gordon was accused of signing off on scientific tests she hadn’t actually done.

Some of the criticism toward Logan was about how he handled a vague tip about the wrongdoing. He assigned Gordon to investigate the matter, apparently unaware that she was the problem.

Then other errors came to light involving the same issue: how the lab tests an ethanol-water solution used to make sure breath-test machines give accurate readings. The solution is critical in tens of thousands of drunken-driving cases each year because if it’s off, people may face charges based on faulty results.

The State Patrol has maintained that inaccurate results have been extremely limited. Defense attorneys have argued that the lab’s shoddy practices call all of its work into question.

In October, two Skagit County judges challenged Logan’s credibility as they cited careless and potentially flawed work at the lab.

Last month, three King County District Court judges questioned his ability to serve as state toxicologist and found that the lab was fraught with ethical problems, scientific errors and carelessness — making all breath tests unreliable.

On Thursday, King County Prosecutor Dan Satterberg said Logan built "a solid foundation" of forensic science and suggested that his resignation "is a positive step toward rebuilding the professional reputation of the lab."

Prosecutors, he said, "are eager to work with the State Patrol and the new toxicologist to make sure that they have corrected questioned administrative procedures … and ultimately restored the confidence of the court system" in breath tests as evidence.

Batiste said he would immediately begin a search to replace Logan. Crime Lab Division Manager Larry Hebert, a 34-year veteran, will take over in the interim.

The state has already appointed Fiona Couper, who most recently served as chief toxicologist in Washington, D.C., to serve as the state toxicologist.

Her job will now be a separate position from the director of the Forensic Laboratory Services Bureau because having someone fill both jobs, as Logan does, is "too much to ask of any one person," Batiste said.

P-I reporter Tracy Johnson can be reached at 206-467-5942 or tracyjohnson@seattlepi.com.

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DUI - Utah DUI Attorney Perspective on Friends letting Friends Drive Drunk

Jamie — Mon, 21 Jul 2008 11:00:12 +0000

Utah DUI Attorney Perspective on Friends letting Friends Drive Drunk

An article written in the Daily Utah Chronicle surfaced today regarding friends letting friends drive Drunk. The writer brings out some good points that I would like to highlight.

Being convicted of a DUI in Utah carries steep criminal penalties, including revocation of your driver’s license, jail time, fines and community service. These penalties increase and are compounded with every repeated DUI offense.
This New Year’s holiday weekend, the Utah Highway Patrol said it made just six arrests in Salt Lake and Utah counties for driving under the influence, and there were no DUI-related crashes.
under Utah’s laws, even if your BAC is less than .08 percent, you can be arrested and charged with a DUI if you are still driving impaired by drugs or alcohol.

With statistics like these, we should consider ourselves to be very lucky there aren’t more deaths due to drunk driving. But this is not to say there aren’t enough deaths already.

While these statistics are promising, thousands of lives are still lost every year, and the Highway Patrol alone can’t stop drunk driving.

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New Years Utah DUI Blitz

Fox 13 reported on December 31, 2007, about the DUI Blitz and checkpoints that were going to happen around the state for New Years Eve parties. The UHP was on the "hunt" as they have called it in the past. Many different agencies provided free shuttle service to and from bars. I like looking for solutions like this rather than jumping on the witch hunt. Here is a report on a service provided by some agencies. It is my hope that everyone had a safe holiday.

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Arizona DUI Taskforce Makes 306 Arrests During Fourth Of July Holiday
At first glance it seems that the number of DUI arrests year over year for this holiday weekend is way down. (…)

Quoted from

306 DUI arrests in Ariz. during holiday

Arizona state officials say that officers from multiple law enforcement agencies made 306 DUI arrests during the Fourth of July weekend.

The Governor's Office of Highway Safety says the total included 86 arrests for extreme DUI, that is people who have a blood-alcohol level of .15 or above.

People are considered intoxicated in Arizona when their blood-alcohol level is .08 or above. duiattorney.com/wp-content/uploads/2008/07/34323131353565323437626632643230.gif” width=”1″ />

Law enforcement officers made 519 DUI arrests during the period before and after the July Fourth holiday last year.

However, a release from the highway safety office notes that last year's enforcement crackdown included more officers and spanned two weekends since the Fourth was on a Wednesday.

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Utah DUI Charge or just talking on your cell phone?

The first thing an officer will look at when they are "hunting" for a DUI in Utah is the driving pattern. I have had numerous cases where the officer describes somewhat of a driving pattern in states my client swerves or weaves a couple of times. Many times, my clients will tell me they were talking on their cell phone. Talking on your cell phone may be dangerous and it may be against the law in some jurisdictions, but it does not mean that you are impaired by alcohol and/or drugs.

Here is a story that was printed by the U of U News Center. The article talks about a study that was done back in June 2006. Here are some highlights.

the study indicates that people who talk on their cell phones are just as impaired as people who drink.
in fact, the study seems to indicate that people talk on their cell phones can be more impaired in a person who has drink alcohol.

My prediction in the future is that soon talking on a cell phone while driving will be handled and prosecuted much the same way as a Utah DUI charge.

Press Images

A student talks on a hands-free cell phone while operating a high-tech driving simulator. The simulator was used during a University of Utah study that found motorists who talk on cell phones while driving are as impaired as drunken drivers with blood-alcohol levels at the legal limit of 0.08 percent.

——————————————————————————–
Drivers on Cell Phones Are as Bad as Drunks

Utah Psychologists Warn Against Cell Phone Use While Driving

Media Contacts

June 29, 2006 — Three years after the preliminary results first were presented at a scientific meeting and drew wide attention, University of Utah psychologists have published a study showing that motorists who talk on handheld or hands-free cellular phones are as impaired as drunken drivers.

"We found that people are as impaired when they drive and talk on a cell phone as they are when they drive intoxicated at the legal blood-alcohol limit” of 0.08 percent, which is the minimum level that defines illegal drunken driving in most U.S. states, says study co-author Frank Drews, an assistant professor of psychology. “If legislators really want to address driver distraction, then they should consider outlawing cell phone use while driving.”

Psychology Professor David Strayer, the study’s lead author, adds: “Just like you put yourself and other people at risk when you drive drunk, you put yourself and others at risk when you use a cell phone and drive. The level of impairment is very similar.”

“Clearly the safest course of action is to not use a cell phone while driving,” concludes the study by Strayer, Drews and Dennis Crouch, a research associate professor of pharmacology and toxicology. The study was set for publication June 29 in the summer 2006 issue of Human Factors: The Journal of the Human Factors and Ergonomics Society.

The study reinforced earlier research by Strayer and Drews showing that hands-free cell phones are just as distracting as handheld cell phones because the conversation itself – not just manipulation of a handheld phone – distracts drivers from road conditions.

Human Factors Editor Nancy J. Cooke praised the study: “Although we all have our suspicions about the dangers of cell phone use while driving, human factors research on driver safety helps us move beyond mere suspicions to scientific observations of driver behavior.”

The study first gained public notice after Strayer presented preliminary results in July 2003 in Park City, Utah, during the Second International Driving Symposium on Human Factors in Driver Assessment, Training and Vehicle Design. It took until now for the study to be completed, undergo review by other researchers and finally be published.

Key Findings: Different Driving Styles, Similar Impairment

Each of the study"s 40 participants “drove” a PatrolSim driving simulator four times: once each while undistracted, using a handheld cell phone, using a hands-free cell phone and while intoxicated to the 0.08 percent blood-alcohol level after drinking vodka and orange juice. Participants followed a simulated pace car that braked intermittently.

Both handheld and hands-free cell phones impaired driving, with no significant difference in the degree of impairment. That “calls into question driving regulations that prohibited handheld cell phones and permit hands-free cell phones,” the researchers write.

The study found that compared with undistracted drivers:

Motorists who talked on either handheld or hands-free cell phones drove slightly slower, were 9 percent slower to hit the brakes, displayed 24 percent more variation in following distance as their attention switched between driving and conversing, were 19 percent slower to resume normal speed after braking and were more likely to crash. Three study participants rear-ended the pace car. All were talking on cell phones. None were drunk.
Drivers drunk at the 0.08 percent blood-alcohol level drove a bit more slowly than both undistracted drivers and drivers using cell phones, yet more aggressively. They followed the pace car more closely, were twice as likely to brake only four seconds before a collision would have occurred, and hit their brakes with 23 percent more force. “Neither accident rates, nor reaction times to vehicles braking in front of the participant, nor recovery of lost speed following braking differed significantly” from undistracted drivers, the researchers write.
“Impairments associated with using a cell phone while driving can be as profound as those associated with driving while drunk,” they conclude.

Are Drunken Drivers Really Less Accident-Prone than Cell Phone Users?

Drews says the lack of accidents among the study’s drunken drivers was surprising. He and Strayer speculate that because simulated drives were conducted during mornings, participants who got drunk were well-rested and in the “up” phase of intoxication. In reality, 80 percent of all fatal alcohol-related accidents occur between 6 p.m. and 6 a.m. when drunken drivers tend to be fatigued. Average blood-alcohol levels in those accidents are twice 0.08 percent. Forty percent of the roughly 42,000 annual U.S. traffic fatalities involve alcohol.

While none of the study’s intoxicated drivers crashed, their hard, late braking is “predictive of increased accident rates over the long run,” the researchers wrote.

One statistical analysis of the new and previous Utah studies showed cell phone users were 5.36 times more likely to get in an accident than undistracted drivers. Other studies have shown the risk is about the same as for drivers with a 0.08 blood-alcohol level.

Strayer says he expects criticism “suggesting that we are trivializing drunken-driving impairment, but it is anything but the case. We don’t think people should drive while drunk, nor should they talk on their cell phone while driving.”

Drews says he and Strayer compared the impairment of motorists using cell phones to drivers with a 0.08 percent blood-alcohol level because they wanted to determine if the risk of driving while phoning was comparable to the drunken driving risk considered unacceptable.

“This study does not mean people should start driving drunk,” says Drews. “It means that driving while talking on a cell phone is as bad as or maybe worse than driving drunk, which is completely unacceptable and cannot be tolerated by society.”

University of Utah Cell Phone Research

Previous research by Strayer, Drews and colleagues include:

A 2001 study showing that hands-free cell phones are just as distracting as handheld cell phones.
A 2003 study showing that the reason is “inattention blindness,” in which motorists look directly at road conditions but don’t really see them because they are distracted by a cell phone conversation. And such drivers aren’t aware they are impaired.
A 2005 study suggesting that when teenagers and young adults talk on cell phones while driving, their reaction times are as slow as those of elderly drivers.
The University of Utah psychologists conducted the alcohol study because a 1997 study by other researchers evaluated the cell phone records of 699 people involved in motor vehicle accidents and found one-fourth of them had used their phone in the 10 minutes before their accident – a four-fold increase in accidents compared with undistracted motorists.

Those researchers speculated there was a comparable risk from drunken driving and cell phone use while driving. So Strayer and Drews conducted a controlled laboratory study.

The study included 25 men and 15 women ages 22 to 34 who were social drinkers (three to five drinks per week) recruited via newspaper advertisements. Two-thirds used a cell phone while driving. Each participant was paid $100 for 10 hours in the study.

The driving simulator has a steering wheel, dashboard instruments and brake and gas pedals from a Ford Crown Victoria sedan. The driver is surrounded by three screens showing freeway scenes. Each simulated daylight freeway drive lasted 15 minutes. The pace car intermittently braked to mimic stop-and-go traffic. Drivers who fail to hit their brakes eventually rear-end the pace car. Other simulated vehicles occasionally passed in the left lane, giving the impression of steady traffic flow.

Each study participant drove the simulator during three sessions – undistracted, drunk or talking to a research assistant on a cell phone – each on a different day.

The simulator recorded driving speed, following distance, braking time and how long it would take to collide with the pace car if brakes were not used.

The study was funded by a $25,000 grant from the Federal Aviation Administration – which is interested in impaired attention among pilots – and by Strayer’s and Drews’ salaries. The Utah Highway Patrol loaned the researchers a device to measure blood-alcohol levels.

Driving while Distracted: A Growing Problem

The researchers cited figures from the Cellular Telecommunications Industry Association indicating that more than 100 million U.S. motorists use cell phones while driving. The National Highway Transportation Safety Administration estimates that at any given moment during daylight hours, 8 percent of all drivers are talking on a cell phone.

“Fortunately, the percentage of drunk drivers at any time is much lower,” Drews says. “So it means the risk of talking on a cell phone and driving is probably much higher than driving intoxicated because more people are talking on cell phones while driving than are driving drunk.” The main reason there are not more accidents is that “92 percent of drivers are not on a cell phone and are compensating for drivers on cell phones,” he adds.

Cell phone use is far from the only distraction for motorists. The researchers cite talking to passengers, eating, drinking, lighting cigarettes, applying makeup and listening to the radio as the “old standards” of driver distraction.

“However, over the last decade many new electronic devices have been developed, and they are making their way into the vehicle,” the researchers write. “Drivers can now surf the Internet, send and receive e-mail or faxes, communicate via a cellular device and even watch television. There is good reason to believe that some of these new multitasking activities may be substantially more distracting than the old standards because they are more cognitively engaging and because they are performed over longer periods of time.”

News media may obtain a copy of the study by emailing leesiegel@ucomm.utah.edu or, starting June 29, by going to http://hfes.org and clicking on “What’s New”

Other studies by Strayer and colleagues on cell phones and driving may be downloaded from: http://www.psych.utah.edu/AppliedCognitionLab/

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DUI - Utah Highway Patrol Has Quotas to Make DUI Arrests

Jamie — Sun, 20 Jul 2008 02:45:20 +0000

Utah Highway Patrol Has Quotas to Make DUI Arrests

Its Memorial Day weekend for 2008. Troopers have often claimed in the newspapers and in open court that there are no quotas to make arrests. In this story below, Trooper Cameron Roden tells the news reports that the troopers are encouraged to average at least one DUI arrest per officer involved in the DUI Blitz. Further, the Trooper is asked if the Blitzes work to deter drunk driving. The Trooper responds that the Blitz is not effective in that regard. The DUI arrests never go down, according to the Trooper. Well that brings up an interesting point. If officers are encouraged to get one arrest per officer, then there seems to be an incentive to arrest borderline cases and perhaps innocent people.

Here’s another story on the DUI blitz held for this weekend.

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Arizona DUI Taskforce Stats: Preliminary Report
Tucson, Arizona - Here are some premilimary numbers for the 4th of July weekend AZ DUI task force. Last year there were aproximately 500 DUI arrests over the weekend throughout Arizona. (…)

Tucson, Arizona - Here are some premilimary numbers for the 4th of July weekend AZ DUI task force. Last year there were aproximately 500 DUI arrests over the weekend throughout Arizona. Early next week we will be able to tell if the tougher laws this year may have made an impact.

As a practical matter, this is the last 4th of July weekend in Arizona where a person charged with extreme DUI (.150 or more) and convicted will be able to do a minimum of 10 days in jail. Next year, after the law changes on December 31, 2008, an extreme DUI conviction will carry a minimum of 30 days in jail to serve. That is a difference of 20 days for exactly the same conduct. On the one hand, it brings the extreme DUI penalties more in line with the current superextreme DUI penalties (.20 or more), which now carry a minimum of 45 days in jail for a first offense. By next 4th of July weekend, I predict that there will be a pending change in penalties for a first offense regular DUI to make it a mandatory minimum 10 days in jail rather than the current minimum of 1 day in jail.

Quoted from http://www.kold.com/Global/story.asp?S=8623470:

Statewide DUI task force nets 137 arrests

PHOENIX (AP) - A law enforcement task force operating across Arizona on the Fourth of July weekend has arrested 137 suspected drunken drivers since Thursday.

Most of the arrests came on Friday, when officers nabbed 94 people on suspicion of DUI.

Of the 137 DUI arrests statewide, 41 were for extreme DUI and 12 for aggravated DUI. The rest were misdemeanor charges.

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DUI-DWI-News.net - More News from the Front…

Jamie — Fri, 18 Jul 2008 18:45:20 +0000

Apparently, the MADDness isn’t limited to the U.S….

Richmond Hill Man Charged with Drunk Driving on Lawn Mower

Toronto, Canada. July 11 - A Richmond Hill man faces a drunk driving charge after York Regional Police caught him riding a lawn mower on the sidewalk Sunday allegedly drinking a beer…

Police took the opportunity to remind residents any motorized vehicle including ATVs, scooters and jet skis are all subject to the impaired driving provisions in the Criminal Code.

Source: www.duiblog.com

Arizona DUI Decisions: The power of prosecutors
The case in the article quoted below is a good example of how framing and viewpoint can drastically impact a prosecution, the level of the charge, and the collection of evidence. (…)

The case in the article quoted below is a good example of how framing and viewpoint can drastically impact a prosecution, the level of the charge, and the collection of evidence. In cases where there are two potential defendants and one defendant is needed as a witness against the other, prosecutors can and sometimes do engage in selective prosecution based on which potential defendant they deem more culpable, or, sometimes, on which case they think their best chances for success rests.

Quoted from http://www.azcentral.com/news/articles/2008/06/25/20080625crash0625.html:

A question of justice in deadly accident

The case underscores the sometimes-subjective process that authorities use in determining whom should be prosecuted in a crime, particularly after a fatal accident when witness accounts vary.

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Follow UP to Officer’s getting their own Utah DUIs!

So here is a follow up on the story from yesterday. The interesting thing about this case is that the officer was never found guilty of DUI. However, his department presumed him guilty and fired him anyway. It’s interesting that the police don’t even respect the sacred presumption of innocence even when dealing with their own. The story reads that the office was fired for DUI, yet no DUI was ever prosecuted. Got to love that.

U officer fired for DUI
By: Ana Breton
Posted: 3/26/08
A former officer at the U Police Department had his peace officer certification suspended for the next three years after he was arrested for drunken driving.

Officer Tory Park’s certification was suspended by the Utah Peace Officer Standards and Training Council, which establishes and upholds rules of conduct for the state’s certified peace officers. Officers are given the certification after they graduate from a police academy and keep their accreditation by completing 40 hours of training in their department and follow POST council standards.

The council suspended Park’s certification during its quarterly conference during the weekend. There, the council suspended the certifications of 29 other officers in Utah. Park was the only officer punished from a university police department in the state.

Lt. Steve Winward, POST bureau chief of investigations said Park’s certification was suspended after the council found that he had been arrested for driving under the influence last year. Winward said Park was arrested on May 26 after he crashed his personal vehicle into a road sign when he was off duty. Winward said there was not enough evidence to convict him in court for DUI, but that Park plead guilty to leaving the scene of an accident and reckless driving.

"They took the alcohol charges out, because it would have been hard to prove the case to determine if he drank before or during the accident," Winward said.

Capt. Lynn Mitchell at the U Police Department said that Park was terminated and quickly replaced after he was arrested.

"It’s disheartening. We arrest people who violate laws, so we don’t want our people to be doing those kinds of things, for crying out loud," Mitchell said. "We arrest people for DUI, but that doesn’t give us permission to do it ourselves."

Although Mitchell declined to comment about the specific POST case because it involved disciplinary action, he said that Park is not the first officer to have a peace officer certification suspended at the police department.

"It’s not a first," Mitchell said. "But then again we’ve been here since 1958, so we’ve gone through a lot of officers."

Mitchell said the last time a U officer’s certification was suspended was about four years ago. Park’s termination "almost went unnoticed," Mitchell said.

Without certification, an officer is unable to take a position at a police department in the state of Utah. Additionally, Mitchell said that Park will not have a chance to train every year, so if he wants to come back into the field, he will have to pass the entire certification process again.

"Tory was a nice guy. I feel bad for him," Mitchell said. "But I can’t respect that."

The 30 Utah officers who were accused of breaking POST ethical rules might be the highest number of officers disciplined in recent history.

Winward said the POST council has been understaffed because several officers have been absent because of personal reasons, such as surgery, and that "cases kept getting backlogged." The council’s next meeting is in June.

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Utah Highway Patrol Has Quotas to Make DUI Arrests (DUI-DWI-News.net)

Jamie — Fri, 18 Jul 2008 18:45:17 +0000

Utah Highway Patrol Has Quotas to Make DUI Arrests

Here’s another story on the DUI blitz held for this weekend.

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