Fight A DUI

DUI news from the Smoking Gun:

APRIL 14–NBA star Carmelo Anthony was arrested this morning by Colorado police and charged with drunk driving. According to cops, the Denver Nuggets forward was pulled over after police saw his silver Mercedes weaving and failing to dim its lights

As always, the full story is here:

On February 13, 2008, a federal judge rear ended a pickup truck at a traffic light. He was arrested and pleaded no contest to a first offense misdemeanor charge of driving while intoxicated, ordered to pay $600 in fines, and agreed to a 1 year suspension of his driver’s license. The fact that Robert Somma was a federal judge pushed the story into the mainstream media; the fact that he was wearing women’s clothes pushed it a little bit further.

Following his arrest, Somma resigned from his post:

Gary H. Wente, circuit executive of the US Courts for the First Circuit, declined to discuss Somma’s letter or Carpenter’s comments. Wente had announced Somma’s resignation on Feb. 15, saying the judge had called him from the Caribbean, where he had gone for a previously arranged vacation, and had resigned. At the time, Wente said, the judge had concluded that “it was best to put this behind him.”

On Monday, Wente’s office issued a one-sentence statement saying that Somma’s resignation, scheduled for yesterday, would not become effective until May 15. The statement gave no explanation.

Now, he seems to be slipping back into daily life, withdrawing his resignation and apparently preparing to return to work:

Somma said in a letter to Massachusetts Lawyers Weekly posted online yesterday that an outpouring of support from judges, lawyers, and others had led him to conclude, “contrary to my initial belief, that the media frenzy occasioned by this episode would not be an impediment to my continued service as a judge.”

He said he had accepted full responsibility for his arrest and wished to apologize publicly for “that terrible lapse of judgment and the resultant controversy.”

For more details, check out the story on boston.com here

Courtesy of AZ Central.com: 

This week Arizona will enact one of the toughest DUI laws in the nation.

Hardest hit are first-time violators and a new class of “super extreme” DUI offenders whose blood-alcohol concentration registers 0.20 percent or above, which is more than double the legal limit of 0.08 percent.

Beginning Wednesday, new penalties include mandatory ignition-interlock devices for first-time offenders, increased fines and a minimum of 45 days in jail for super extreme DUI convictions.

On July 1, 2007, a new set of DUI laws will take effect in Hawaii targeting repeat and serious offenders (those with a BAC of 0.150% or higher). Under the new law, suspects falling into the new category (either repeat offenders of very drunk at time of testing) will be forced to surrender their vehicle registration, plates, and drivers license at the time of arrest, and will be issued temporary plates until the case is reviewed. The driver will not be issued a new drivers license.

Additionally, there is a mandatory 6 month license suspension (maximum 12 months), minimum 48 hours of jail-time, 72 hours of community service, and a fine between $150 and $1000.

The new laws will likely be exercised heavily with increased DUI checkpoints and increased patrols for the 4th of July holiday period.

Boston.com tells the story of the sister of a Swansea, MA police officer killed by Wayne Smith (51), a volunteer firefighter, who was disappointed in the 5 year sentence issued by the judge this week. Last November, Smith had been drinking at a Fire Department fundraiser and crossed into oncoming traffic while driving home, killing Lieutenant Robert Cabral, a father of two boys.

“Drunken driving needs to be taken seriously, and it has not been,” Cabral’s sister, Josephine Lapre of Warren, R.I., said in a telephone interview yesterday after Smith was sentenced in New Bedford Superior Court. “Bobby never drank, ever. And Bobby’s death is only worth five years? I don’t understand that.”

Smith pled guilty, and could have faced up to 20 years due to his high BAC (over twice the legal limit), which qualified his offense as ‘extremely reckless’. Speaking in his defense, Smith apologized to the surviving family:

“I’d like to say that I’m just sorry for everything I’ve done, not only to the Cabral family, everyone that’s involved, but to the courts,” Smith said, his voice breaking. “I made a big mistake. Whatever you do to me, I think about it every day.”

Deana Jarrett of Woodinville, WA registered a 0.47 percent BAC after hitting two cars on April 11, 2007, a State Patrol officer reported. The figure - well into the potentially legal range - represents the highest BAC ever measured after an arrest in Washington. Shockingly, the April 11th arrest was Jarrett’s second in as many days - she was arrested the day before in Redmond, WA, where she refused a breath test during a traffic stop.

The Saratogian has the details of a pending case involving a 56 year old driver - Kay VanAvery - awaiting charges stemming from a crash resulting in a fatality. VanAvery pulled out of a parking lot in front of two motorcyclists, who were thrown from their bikes and subsequently transported to the hospital where one of the men died.

Interestingly, because the first breath test revealed a legal (0.06%) BAC, the DA must wait for a blood test before filing charges. If the blood test reveals a slightly higher result of 0.07%, the DA is expected to file a charge of driving while impaired, vehicular manslaughter, and vehicular assault. If the blood test is less than 0.07%, the only charges will be vehicle and traffic violations, which carry a much lighter penalty.

A Canby, Oregon man (James Lord, 50) pleaded guilty to driving under the influence and two counts of manslaughter for the crash that killed LeAnna Wing and Tracie Diamond, both 39, last June.

Lord was driving Northbound on 99E near South End Rd. when his SUV crossed into opposing lanes, colliding with the vehicle in which both women were driving. The women were both pronounced dead at the scene.

Cleveland.com is carrying an AP article detailing plans in South Dakota to allow repeat offenders to continue driving, as long as they report to their local sheriff twice a day for breath alcohol testing. If they submit to daily testing and pass, they’re allowed to drive; if they don’t appear for testing or have any alcohol in their system, they’re placed in jail.

South Dakota is the first state to use a policy of this nature, with a 2 year pilot program in 14 of South Dakota’s 66 counties. The goal is to encourage the 1000+ chronic drunk drivers - those with 2 or more arrests for DUI - to make a decision to either stop drinking or stop driving.

John P Muncer, 47, was arrested and charged with DUI following a minor accident at the American Legion post in Point Township, PA Thursday evening. Muncer, an active Northumberland County assistant District Attorney, has checked into an in-patient rehabilitation program Friday after being charged with two counts of driving under the influence and careless driving.

The county’s District Attorney, Tony Rosini, said that the criminal case will be handled by the state Attorney Generla’s office, and that Mr. Muncer is taking a voluntary paid (sick) leave during rehab, and may face diciplinary action upon his return.