Fight A DUI

ESPN has an article today about Souksangouane Phengsene, 50, who was arrested early Sunday and charged with felony drunk driving. What makes this case notable is that six years ago, Phengsene was driving the wrong way on Highway 100 in Minnesota when he hit 30-year-old athlete Malik Sealy, killing him, and was convicted of felony criminal vehicular homicide due to his BAC of 0.19. This is his third DUI/DWI arrest, having been convicted of DWI in Iowa in 1997.

A legal blunder by the prosecutor prompted a judge Monday to dismiss DUI charges against a Centre Hall man. 

David Baird Jr., 39, of 351 Greens Valley Road, had been charged with DUI and a summary following an arrest earlier this year. Police said he had a blood alcohol content of .30 percent, more than three times the legal limit to drive in Pennsylvania.

However, during his trial Monday, Centre County Assistant District Attorney Lance Marshall failed to ask a police witness to identify Baird as the defendant.

Defense attorney Phil Masorti, realizing Marshall’s error, asked for and was granted a dismissal of the charges by Centre County Judge Bradley P. Lunsford.

Baird cannot be retried.

The Times-Herald reports that the Newnan, Georgia Police Department has set a goal for 271 DUI arrests through 2006 - an increase of 10% of their 2005 arrests (246). To date, they’ve made 227 arrests within city limits, a pace that should meet and pass that goal. Much of the reason for this increase was an increased priority of license checks, according to Sgt Nat Brown of the NPD. They also increased patrol in high traffic areas and attended advanced DUI enforcement training to help officers spot a DUI and conduct safer arrests.

A 31-year-old man is facing vehicular homicide charges for the allegedly drunk-driving related deaths of a Marine and his pregnant wife in Los Angeles.

Police say Jose Onesimo Cruz was fleeing a wreck with another motorist on Saturday night when he ran a red light and struck the car with 19-year-old Jimmy Guzman his 18-year-old wife Maria Goya inside.

Guzman was a Marine scheduled to be deployed to Iraq in December. Goya was seven months pregnant. Both died from their injuries.

Police say Cruz’s pickup truck had earlier hit another car, whose driver chased him for three miles. He allegedly ran a light and hit Guzman and Goya’s car during that chase

The Kent County Times has an article about political fighting caused by a paperwork snafu that led to the dismissal of several cases involving breathalyzer refusals.

 paperwork snafu that caused the Traffic Tribunal to dismiss several breathalyzer refusal cases has escalated into a war of words between Speaker William Murphy (D- Dist. 26, West Warwick, Coventry, Warwick) and Rep. Robert Flaherty (D-Dist. 23, Warwick), a possible leadership challenger.
About 10 cases where suspected drunk drivers refused a breathalyzer test, including at least one that was a client of Flaherty, who is a lawyer in private practice, were dismissed after it was learned some police departments allegedly gave them the wrong information about the consequences of declining the test.

The heart of the matter involves a $200 assessment for each offense that would be paid to the Department of Health. However, not all police departments received the updated information, causing some defendants to receive paperwork without notification of the new assessment. The confusion apparently contributed to an ongoing disagreement between local political figures, the details of which can be found at the link above.

A California Highway Patrol operated checkpoint in Sonoma county resulted in 2 DUI arrests and 25 vehicles impounded for driving without a valid license.

“Each year, members of our community are needlessly injured or killed on our roads,'’ CHP Capt. Kelly Young said. “Our objective is to send a clear message to those considering mixing alcohol and/or drugs with driving this year (that) the California Highway Patrol will be keeping a watchful eye on you.'’

In all, some 330 vehicles were checked over four and a half hours between 7:30PM and midnight.

The New York Daily News is one of many reporting that a limousine driver’s lawsuit against Nassau County will be allowed to proceed following a U.S. Distrit Judge ruling.

The case began in August, 2004, when two officers saw Aguilera driving erratically. He claimed that he did not feel well and was unable to control his movements, but was able to pass a field sobriety test, and was arrested on a DWI charge. After sitting on the bench for about two hours, more alcohol and drug tests were administered, and Aguilera passed them without issue.

Aguilera was eventually released, charges were dropped, and a hospital exam later revealed that he had suffered a stroke.

A Tahlequah, Oklahoma, mother - 24 year old Crystal Brown - hit an electric pole and a parked car before driving her vehicle into a ditch. Upon arriving at the scene, police discovered that Brown’s 3 year old daugher was in the back seat, unrestrained by either seatbelt or child safety seat. Neither Brown nor her dauther suffered any injuries.

In addition to DUI charges, Brown is also accused of resisting arrest and assault and battery on a police officer.

Danielle Baymack, 22, was charged with vehicular manslaughter and driving while intoxicated after the 2000 Mitsubishi sedan slammed into a signpost at 4:30 AM, killing fellow officer Marlene Rivera, 24, of Brooklyn. Baymack pleaded not guilty from her hospital bed last Saturday afternoon.

Baymack and Rivera, both rookie officers at the 103rd Precinct, were driving home after a night partying at a nightclub. The Nassau County police on the scene smelled alcohol on Baymack’s breath, and a breathalyzer allegedly confirms a BAC at .11 - above the legal limit of .08.

Additional details are available at zwire.com and Newsday.com

The Hollister Police Department will be operating a DUI checkpoint within the City of Hollister timed to coincide with the San Benito County Fair this weekend. The county fair is expected to draw several thousand people to Bolada Park in Tres Pinos.

“It’s a good way to remind people to be safe and catch those who aren’t,” Hollister Police Captain Bob Brooks said.

DUI arrests in San Benito County were up to 361 in 2005, a significant rise from 305 in 2001. Officials hope check points will encourage drivers to stay safe and avoid DUIs.