News

DUI and DWI

• Drugged Drivers Difficult to Convict
  Jul 25, 2010

  
  Drugged drivers are as much of a public threat as drunk drivers, some argue, but are often harder to convict.  Drivers under the influence of prescription medications also cause many, and often fatal, accidents.  The problem is that there is no consensus on how much of a drug impairs driving.  Prescription drugs affect people differently, stay in the system for varying amounts of time, and could have different - or stronger - reactions if mixed with alcohol or other drugs.  In addition, a relatively large percentage of the American public takes prescription drugs (e.g., cholesterol, sleeping, anti-anxiety).
  
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• Drunk-Driving Mom Who Was Free on Bond Pleads Guilty to DUI
  Jul 14, 2010

  
  A 22 year-old South Dakota woman yesterday pled guilty to first-offense DUI and reckless driving stemming from an accident on July 10.  It was her 2nd DUI charge in a week, and happened when she was free on bond from the first DUI charge.  The young driver ran a red light on July 3, with children in her car.  
  
  On July 10, she drove her vehicle into oncoming traffic, striking a van and plummeting down a 65-foot hill.  Her 4 year-old and 1 year-old were in the car, but did not suffer life-threatening injuries.
  
  She has not yet been sentenced for either incident.
  
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• DUI, Reckless Driving Among Charges After Toddler Dies
  Jul 09, 2010

  
  A 19 year-old man faces charges of DUI, Reckless Driving, and Vehicular Homicide after driving a car into a stroller carrying a 23 month-old toddler at a 4th of July fireworks display.  The toddler was thrown from the stroller and died yesterday at a hospital.
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• Naked Marine Charged with DWI After Motorcycle Crash
  Jun 15, 2010

  
  A 38 year-old Marine is facing some serious charges after losing control of his motorcycle early Friday morning and crashing.  Apparently he was driving naked.  His passenger, a 30 year-old female, was also naked.  She broke her arm and leg in the crash, but managed to walk to find help.  The Marine was charged with DWI and Reckless Driving, among other things.
  
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• 18th DWI Arrest in 37 Years for NM Man
  Jun 14, 2010

  
  A New Mexico man was arrested for the 18th time in 37 years after he was stopped for speeding.  The newspaper doesn't say how old the man is, or how many of the arrests resulted in convictions.
  
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• DWI Convictions in NM May Be Harder to Get
  Jun 13, 2010

  
  It might be harder for New Mexico prosecutors to win certain DWI cases after a ruling from the State Supreme Court this week.  Previously, an intoxicated person found in a vehicle (even a parked one with the engine off) could be charged (and convicted) of DWI, simply because he or she had the potential to operate the vehicle, and might have done so.  The ruling changes this so that prosecutors must prove the intoxicated person had the intent to drive and had actual control of the vehicle.
  
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• Dumfries VA Woman Arrested for DWI with 5 Children in Her Car
  Jun 12, 2010

  
  A 27 year-old Triangle woman was charged with DWI and felony child neglect Wednesday night after being pulled over by police in Dumfries.  She had 5 children, ranging in age fro 9 to 13, in her vehicle at the time.
  
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• 400 DWI Convictions Based on Flawed Breath Test Results in DC
  Jun 12, 2010

  
  Hundreds of DWI convictions in Washington D.C. were based on breath tests that were conducted on machines that were improperly calibrated, the Washington Post reports.  More than half of those convicted went to jail.    At least one lawsuit has been filed since the Attorney General's Office started notifying the affected drivers.  The fallout has probably just begun, as many of those convicted may seek to have their records expunged or their cases retried.
  
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• After 8 DWI's Texas Man Convicted of Murder for Fatal DWI Accident
  Jun 02, 2010

  
  A 51 year-old Texas man with eight prior DWI convictions was sentenced to life in prison earlier this month.  Because of those prior convictions, he was charged with murder after he ran a red light last fall, while driving under the influence of alcohol, and crashed into a vehicle, killing the driver.  A local paper reported that his BAC was nearly three times the legal limit.
  
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• Anti-war protestor wins lawsuit against law enforcement agencies
  May 10, 2010

  
  Philip Chinn, a young anti-war protestor, was arrested in May, 2007, on suspicion of DWI after police stopped him on his way to an anti-war protest.  The arresting trooper said Chinn was braking erratically and driving under the speed limit.  It was later discovered that police had been advised to watch for Chinn's car, as it contained three "anarchists."
  
  Although the trooper didn't smell alcohol or marijuana, he conducted field sobriety tests, which Chinn passed.  The Seattle Times reports that Chinn "was arrested after one trooper concluded he was high based on 'raised taste buds and a white coating on the back of his tongue,' according to the pleadings. "
  
  Chinn, backed by the ACLU, filed a lawsuit alleging false arrest and violation of his right of free speech.  He settled the case with the State Patrol and two other law enforcement agencies for $169,000 and attorney's fees.
  
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