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Virginia DUI Lawyer

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Editor: Bob Battle
Profession: DUI Defense Lawyer

May 22, 2009

By Bob Battle

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Chesterfield County Police "Start Safe, Stay Safe" to Crack Down on Reckless Drivers

Category: Virginia Reckless Driving/Speeding

Chesterfield County Police began today and will continue for the entire summer a "crack down" on reckless drivers and boaters. Chesterfield County Reckless Driving Speeding Lawyer Bob Battle who sees the overflowing traffic court dockets year round at the Chesterfield courthouse, predicts that there will be far more charges of Reckless Driving Speeding than there are for Driving While Intoxicated, Boating While Intoxicated or Reckless Driving Accidents.

The Chesterfield County program, called "Start Safe, Stay Safe," had Chesterfield police promising an aggressive, summer long enforcement program:

"It's going to be weekdays, weekend, different hours, just to get the message out there that we need to be aware of our driving and we need to drive safely," said Major Karl Leonard.

There will be an increased number of traffic checkpoints. Officers will be targeting drivers who are drunk, speeding, or violating any traffic law. There will also be an increased police presence on Lake Chesdin.

In Virginia, any speed above 80 mph or 20 mph above the speed limit can be charged as "Reckless Driving Speeding." Bob Battle's consumer guide "The Shocking Truth About Reckless Driving Speeding" has recently been featured in the Baltimore Sun, WBAL radio in DC and Baltimore and CBS6 TV in Richmond. To get a copy of this free consumer guide explaining Virginia's harsh reckless driving speeding laws, click here.

April 06, 2009

By Bob Battle

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Category: Case Results

THE RESULTS OF SPECIFIC CASES REPORTED ARE NOT MEANT TO BE A PREDICTION OR GUARANTEE OF ANY OTHER CASE. EACH CASE CONSISTS OF FACTORS UNIQUE TO THAT CASE.

March 30, 2009

By Bob Battle

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Henrico County VA Reckless Driving Speeding Lawyer Featured in Baltimore Sun article

Category: Virginia Reckless Driving/Speeding

March 30, 2009- Henrico County Virginia Reckless Driving Speeding Lawyer Bob Battle and his consumer guide "The Shocking Truth about Reckless Driving Speeding in Virginia" were featured in an article by columnist Michael Dresser in today's Baltimore Sun titled "Speeding costs you more in Virginia than in Maryland."

As Dresser points out drivers from Maryland and other states are often shocked to find that Virginia is the toughest state in the country on speeders.

If you're a speed-happy Marylander who occasionally drives into Virginia, you'd better leave your lead foot on this side of the Potomac. Unlike in Maryland, where cotton-candy traffic laws virtually invite extreme speeding, Virginia takes such behavior seriously.

Under the laws of the commonwealth, exceeding the speed limit by 20 mph or more is classified as reckless driving. Going 80 mph or more, no matter what the speed limit, is also reckless driving.

That's a Class 1 misdemeanor under Virginia law, punishable by a jail term of up to a year and a fine of $2,500. A conviction on that charge will go on your criminal record - permanently. Your driving privileges in Virginia can be suspended for six months - potentially jacking up your insurance rates. If you hold a commercial driving license or a security clearance, your career could suffer.

Mr. Dresser points out that motorists caught at speeds that in Maryland could be resolved without even needing to hire a lawyer, under Virginia law, this exact same speed could have the incredibly harsh results that lead to jail, license suspension, huge fines, dramatically increased insurance and/or a permanent criminal record.

As Mr. Dresser concludes:

Now Battle is a lawyer who specializes in getting out-of-staters off the hook for reckless driving, so naturally he urges people to hire an attorney when facing such charges. Vested interest aside, that's probably good advice. Prosecutors don't like to cut bargains with nonlawyers.

Click this link to get a copy of "The Shocking Truth About Reckless Driving Speeding in Virginia."

March 20, 2009

By Bob Battle

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Fairfax VA agrees to Reduce DUI charge hours before Court Ordered Intoxilyzer Inspection

Category: Virginia DUI

THE RESULTS OF SPECIFIC CASES REPORTED ARE NOT MEANT TO BE A PREDICTION OR GUARANTEE OF ANY OTHER CASE. EACH CASE CONSISTS OF FACTORS UNIQUE TO THAT CASE.

A client charged in Fairfax County with a DUI was allowed to plead to a reduced charge of Reckless Driving with no license suspension. The accused's Breath Result was a .14 according to the Fairfax County Intoxilyzer 5000 machine. However Richmond, Virginia DUI Lawyer Bob Battle convinced the Fairfax County General District Court Judge that the use of unknown replacement parts, including a replacement "chopper motor," merited an inspection of the machine by his expert, Thomas Workman. (Click to read Fairfax Judge Orders Inspection of Breath Machine.)
Just hours before Mr. Workman was set to test the machine, the Fairfax County prosecutor contacted Bob Battle with the plea bargain offer.
Bob Battle was interviewed about the Case and Intoxilyzer 5000 issue. Here is the video.

March 12, 2009

By Bob Battle

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News Flash! St. Patrick's Day Celebrations Usually Include Alcohol

Category: Virginia DUI

A Virginia Division of Motor Vehicles Press Release Declares "St. Patrick's Day Celebrations Usually Include Alcohol." Really? Who knew?

Thank you Captain Obvious. But seriously ladies and gentlemen... if you're going out to drink a few green beers on St Paddy's Day, don't drive or you may wind up in the Paddy wagon! The Press Release goes on to recommend that you "always have a designated sober driver." Again sage advice- your drinking buddy, you know, the Irish Notre Dame grad who is President of the local Ancient Order of Hibernians, who not only has just hurled into his plastic green bowler hat but has put it back on his head- not a good choice to drive you home.

NEW SOBRIETY TEST FOR MARCH 17: If you find yourself at a pub and you not only are singing the words to the Unicorn Song, but you are making the green alligator, the long neck geese, the humpty back camel, etc. gestures with your hands, you are definitely too drunk to drive.

For the sobering stats on St. Patrick's Day drunken driving, read the Virginia DMV Press Release.

March 10, 2009

By Bob Battle

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Fairfax VA Judge Orders Inspection of DUI Breath Machine

Category: Virginia DUI

Fairfax County General District Court Judge Ian O'Flaherty ordered that a defense expert would be allowed to examine the Intoxilyzer machine used to take samples of a defendant's breath. The lawyer for the defendant, Richmond Virginia DUI Lawyer Bob Battle, who was the first lawyer to convince a Virginia judge to allow inspection of a retired Intoxilyzer machine, became the first DUI defense lawyer to convince a judge to allow inspection of a Intoxilyzer breath machine that was still in service.

The issue in the Fairfax County case also revolves around the fact that numerous replacement parts, including a replacement chopper motor, were used in repairing and maintaining this particular machine. To read a detailed analysis of the issues and arguments, go to Goochland Virginia DUI Breath Machine to be Tested by Defense Expert. The machine in question in the Fairfax County case is Intoxilyzer 5000 number SN 68-001538.

COMMENT FROM DUI LAWYER BOB BATTLE- If you have a pending Fairfax County DUI and the Breath Machine was SN 68-001538, make sure you hire a lawyer who is aware of and able to argue this issue on your behalf. Battle, a former Fairfax County prosecutor, wrote the Consumer Guide "How to Choose a DUI Lawyer in Virginia." Part 2 of the book lists 20 specific examples of issues lawyers miss that could win your case or get the charge reduced. To obtain a free copy of this Consumer Guide, click "How to Choose a DUI Lawyer in Virginia."

March 10, 2009

By Bob Battle

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Goochland Virginia DUI Breath Machine to be Tested by Defense Expert

Category: Virginia DUI

Richmond Virginia DUI Lawyer Bob Battle was the first lawyer in Virginia to successfully convince a Virginia judge to allow a defense expert to examine the breath machine in a DUI case. The machine at issue was an already retired Intoxilyzer 5000 machine.

At issue in this case is the fact that the chopper motor on this particular machine was replaced. Alka Lohmann, former Breath Alcohol Section Chief , the representative of the Virginia Department of Forensic Science ("DFS"), testified that the state has no idea what brand of chopper motor was put into this machine. Bob Battle convinced Goochland Circuit Court Judge Timothy K. Sanner that a defense electrical engineer should be allowed to examine this machine to determine what type of motor was put in the machine and to check to see if this had any affect on the performance of the machine.

Virginia Intoxilyzer 5000 and Chopper Motor Issues

The Intoxilyzer 5000 used in Virginia is a breath machine that is 10 to 12 years old. The manufacturer of this machine CMI Inc. of Kentucky has already developed 2 later generations of intoxilyzer machines and seems to have little or no interest in supporting the model in Virginia. Virginia has wisely chosen not to go with CMI for its replacement breath machine. It signed an agreement with the makers of the machine known as the EC/IRII to replace the Intoxilyzers in Virginia. These machines are already in use in most jurisdictions in the Richmond area.
Here is the background on the chopper motor issue. Harrisonburg, Virginia DUI Lawyer Robert F. Keefer filed a demand under the Freedom of Information Act for records concerning the machine used in Virginia, the Intoxilyzer 5000. In her August 31, 2005 email, Alka Lohmann, ex-Head of VA Department of Forensic Science Breath Alcohol section, wrote:

We need to obtain and implement new equipment because some Intoxilyzer units are already 10 (almost 11) years old. The manufacturer is no longer making all the same parts. The motors the instrument currently uses no longer last very long (due to changes in manufacturing).

In another email to Alka Lohmann and the head of DFS, an employee wrote:

The motors are another issue; the current motor will be discontinued as of January 1, 2006. The "replacement" motors are currently in short supply and have jumped from $5 to $80-$100 per motor...I believe CMI doesn't want to continue.
When questioned about this email by Keefer in court, Lohmann testified:

It's referring to one of the parts of the instrument which is the motor. The current motor will be discontinued as of January 1, 2006, this email says. The "replacement motors" are currently in short supply and have jumped from five dollars to eighty, to a hundred dollars per motor. The rest of the statement goes on to say I believe that CMI doesn't want to continue to support the 5000 line since they have two generations of instruments produced since that time.

Keefer was finally successful in obtaining internal documents from the Department that were submitted in support of an application for funding to replace the breath machines used throughout Virginia with newer models. The following are direct quotes from those documents filled out by DFS Division Director Ronald Layne:

Funding of this request will allow the agency to replace instruments (Intoxilyer 5000 instruments) that are 9-10 years old and for which replacements are not available. These instruments are outdated and the manufacturer is no longer maintaining parts and not capable of fully supporting them since current instruments demonstrate two further generations of technological advancement.

In reponse to the request form's question, "What are the expected results to be achieved if this request is funded?" the following response was given:

To replace outdated, unstable and unreliable breath alcohol instrumentation used by police officers throughout the Commonwealth to certify whether a driver is or is not impaired.

Continue reading "Goochland Virginia DUI Breath Machine to be Tested by Defense Expert"

March 02, 2009

By Bob Battle

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Fairfax County Virginia Stats show so-called "Directed Patrols" for DUI are Unconstitutional Witch Hunts

COMMENTARY by Richmond Virginia DUI Lawyer Bob Battle- One of the newest techniques in the war on drunk driving in Virginia and throughout the country is the "directed patrol" for drunken drivers. As I have reported in a previous post, these Virginia DUI Directed Patrols are misdirected!

A "directed patrol" is essentially a saturation of an unusually high amount of law enforcement officers on the highways who are supposed to be looking for impaired motorists. The results of 2 such directed patrols so far in 2009 by Fairfax County Police Officers certainly prove that the officers are clueless about whether certain driving equates to intoxication and, in my opinion, prove that these stops were unconstitutional. The United States Supreme Court has ruled that the Fourth Amendment to the U.S. Constitution requires that law enforcement officer must have a "reasonable articulable suspicion" of a criminal or traffic offense before they can stop a motorist.

So how did Fairfax County's finest do in snaring drunk drivers? 100%? Hey nobody's perfect, maybe 95% of those stopped were shnockered? No, hmm, I am sure they were better than 50% since that is the accuracy of a coin flip! Keep going... and going... and going. The results were that under 3% of the over 100 vehicles stopped during these 2 exercises in futility were arrested for DUI. (Remember these are arrests and not convictions.) Less than 25% were even cited for traffic tickets of any kind.

If you have been stopped by a directed patrol or at a roadblock, you need to have an attorney who is aware of these statistics and knows how to use these stats to your advantage in court. One of the main themes of the Consumer Guide "How to Choose a DUI Lawyer in Virginia" is that you can't win an issue your lawyer fails to raise and recognize. This book is available as an instant free download at www.VirginiaDUILawInfo.com .

March 02, 2009

By Bob Battle

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Despite the Hype DUI Roadblocks Expensive, Ineffective

Category: Virginia DUI

National campaigns such as the "Over the Limit, Under Arrest" and groups like MADD proclaim the success of police sobriety checkpoints. As is often the case, these claims are not supported by the results. A DUI sobriety checkpoint conducted in Tucson, Arizona on February 21, 2009, saw 2,300 drivers be stopped on suspicion of DUI. Yet out of that large number, only 26 DUI arrests were made.

By and large, a recent article in the Oakland Tribune points out that DUI checkpoints seem to have very little, if any, effect. This article suggests that these roadblocks fail to target the real problem. The article cited American Beverage Institute managing director Sarah Longwell, who said a roadblock often catches no drunken drivers and can cost taxpayers $10,000. Longwell's organization advocates responsible drinking in restaurants.

The article also cited psychologist and Golden Gate University professor Kit Yarrow, who at least partially supported Longwell's statement saying that a roadblock may work as a deterrent if someone saw it before "heading out to party," but most consumers will see them on the way home "when it's too late to do the right thing."

Richmond Virginia DUI Lawyer Bob Battle has previously commented on the history of these roadblocks and the dubious U.S Supreme Court decision that carved out the DUI exception to the Constitution for stopping vehicles. ( See "Merry Christmas! You're Under Arrest!" A History Of Sobriety Checkpoints") More importantly, if you have been stopped at a roadblock and charged with a DUI in Virginia, you need to hire a lawyer who knows how to argue that these stops were not conducted in a proper manner or in a proper location. In his Consumer Guide "How to Choose a DUI Lawyer in Virginia," Bob Battle points out over 20 issues that lawyers who are "asleep at the wheel" of your defense, fail to raise that could win your case.

To get your free copy of "How to Choose a DUI Lawyer in Virginia," fill out the form on the top of this webpage- BobBattlelaw.com

February 23, 2009

By Bob Battle

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Liquor Commission Member Resigns After DUI

Hawaii's KGMB9 reports that a member of the Honolulu Liquor Commission said that he is resigning his post following his arrest for driving under the influence.

Danny Kim, 33, served as the co-vice chairman of the Liquor Commission.

On the morning of February 19, Kim was arrested by police on suspicion of drunken driving (DUI) in Kahala.

The Liquor Commission released a statement saying that Kim has offered to resign while faced with the allegations. He has been a member of the commission since 2003.

February 06, 2009

By Bob Battle

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Six-Year-Old Killed In DUI Crash

California's Mercury News reports that a 6-year-old boy heading home from church in San Jose died on February 3 when a man suspected of driving under the influence ran a red light and collided with the minivan he was a passenger in. The victim was identified as Isaac Young.

Gary Westover, 36, was arrested by police and charged with DUI and vehicular manslaughter. Police say he was also injured in the crash.

Westover has a long rap sheet in Santa Clara County that dates back to 1991 and includes a prior conviction for DUI.

At around 10:45 p.m. on the day of the incident, a family of four, including Isaac, was westbound in a Chrysler minivan. As they were passing through and intersection with a green light, a Chevrolet Silverado driven by Westover collided with the van's passenger side, according to police. The van rolled over and Isaac was pronounced dead at the scene.

Police say Isaac was securely buckled into a booster seat. Relatives say his mother is in critical, but stable condition and his father and brother were treated and released from the hospital.

The family was returning home from Light of the World Apostolic Cathedral, where Isaac's mother, 38-year-old Theodoris Young, is co-pastor with her sister. They had just attended a Bible study at the church and had lingered afterward to fellowship with other members, which is why they were out at that hour, according to Sherita Gibson, a cousin.

The boy's death is the third time within an 11-day period that children have died or been seriously injured due to a car accident in San Jose.

According to police, Westover smelled of alcohol immediately after the crash. He was taken to hospital with minor injuries and later arrested on suspicion of DUI and DUI causing an accident with major injury. More charges may follow.

January 29, 2009

By Bob Battle

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Star Florida Pitcher Suspended After DUI

Florida's Palm Beach Post reports that Stephen Locke, senior pitcher for the University of Florida's baseball team and one of the most dependable starters for the Gators, has been placed on indefinite suspension from the team after his arrest on January 24 for driving under the influence, according to a team spokesman.

According to an arrest report, a Gainesville police officer spotted the 22-year-old driving erratically shortly before 2:30 a.m.

The black Mercury SUV Locke was driving was traveling more than 10 mph below the speed limit and he crossed the double yellow line into oncoming traffic, which forced another vehicle to take evasive action in order to avoid colliding head-on with Locke. He then crossed back into the westbound lanes and drove into the bike lane.

Locke was stopped by police, who say they smelled alcohol on his breath, his speech was slurred, he used his SUV for balance, and he was wearing an armband from the Grog House, a popular college bar.

Locke refused to submit to a field sobriety test and was taken to Alachua County jail.

Locke was expected to be one of the senior leaders on the team. He was the starter for the opening game of the 2005 College World Series, and after undergoing Tommy John Surgery in the fall of 2005, posted a 5-2 record with an ERA of 3.17 in 21 appearances last season.

Florida's season begins February 20.

If you are charged with a DUI in Gainesville, Florida, Bob Battle highly recommends the law office of Gainesville DUI Lawyer Jeffrey Meldon.

January 29, 2009

By Bob Battle

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Man Charged With DUI After Falling Off Moped

Florida's TCPalm.com reports that a 48-year-old man from Port St. Lucie, Florida was charged with driving under the influence after he allegedly fell over his moped and chipped two teeth with a St. Lucie County Sheriff's deputy behind him, according to an arrest affidavit released on January 26.

A deputy who was southbound on South U.S. 1 shortly before 2:00 a.m. on January 23 began following Jeffery L. Labertew after spotting him leaving a "drinking establishment" on a moped.

The moped began to "wobble" as if the driver was unable to maintain control, before Labertew began to make a U-turn.

The deputy eventually made a U-turn and spotted Labertew near U.S. 1 and Prima Vista Boulevard as he was coming to a stop in a turn lane. Labertew, who smelled of alcohol, fell off of his moped.

The deputy asked Labertew to pick his moped up. While attempting to do so, Labertew fell over his moped, chipping two teeth and splitting his lip open when he struck the asphalt.

Labertew's blood-alcohol content was measured to be more than three times the legal limit of 0.08.

January 15, 2009

By Bob Battle

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Man Pleads Guilty To DUI Homicide

Pennsylvania's The Morning Call reports that a man from Upper Nazareth Township, Pennsylvania who was driving under the influence could face a prison sentence of up to 10 years after hitting and killing a woman who was crossing the street after leaving her church in Bethlehem, Pa.

On January 12, 33-year-old David Centorame pleaded guilty to charges of vehicular homicide while drunk and driving under the influence in connection to the December 6, 2006 death of Evelyn Colon in front of her husband, who had not yet begun crossing the road.

Centorame's plea came as he was scheduled to face trial. Sentencing was set for February 27 by Northampton County, Pa. Judge Kimberly McFadden, who also ordered Centorame to undergo psychological, drug, and alcohol evaluations.

According to police, Centorame was traveling between 48 and 55 mph when he attempted to pass another vehicle in a 35 mph zone. At the time, Colon, a 47-year-old Bethlehem resident, was crossing the street when she was hit.

The force of the impact severed one of Colon's legs and threw her more than 130 feet. Several hours afterward, Centorame's blood-alcohol content was registered at 0.15, nearly twice the legal limit of 0.08.

Centorame's attorney claims the accident occurred because he was forced to make a defensive maneuver after another driver pulled in front of him and was then distracted after that driver began speeding up behind him and honking her horn. But police disputed that account, saying he had gone around a car that had slowed at the church.

December 19, 2008

By Bob Battle

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Newest iPod and iPhone accessory- portable breathalyzer

Category: Celebrity DUI

Wondering what to get your favorite Party Animal for Christmas?

The latest "iGizmo" to attach to your iPod or iPhone is actually a Breathalyzer. Just extend the mouthpiece and blow into it for at least five seconds and it will register your blood alcohol up to a .10.

David Steele advertises the iBreath as a must-have iPod accessory for all the Hollywood celebrities that keep getting arrested for DUI. If this machine is accurate, at $79 it is much cheaper than paying for a DUI lawyer. To read more about this product click here.

Perhaps police officers will begin carrying the devices and will require "iPod Apps Sobriety Tests." Instead of counting your ABC's, the officer would require typing the ABC's on the iPod keyboard. Instead of walking a straight line, the suspect would have to beat the officer at an App store video game. Since the supposed "standardized field sobriety tests" are only slightly higher than flipping a coin would be in predicting a BAC of .10, perhaps these tests may be more reliable. So, if you are like me and have chubby fingertips which makes you miss the keyboard often on your iPhone, it may be time to add your friendly neighborhood DUI lawyer to your "Favorites" on your iPhone.

December 01, 2008

By Bob Battle

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Georgia Football Player Arrested For DUI

According to the Atlanta Journal Constitution, Kevin Perez, a reserve center on the football team at the University of Georgia, was arrested on November 27 in Athens, Georgia on charges of driving under the influence of alcohol, according to a jail booking report. The Athens-Clarke County Jail document also said that the 21-year-old was charged with violating stop and yield signs.

Bulldogs Coach Mark Richt suspended Perez for their final two games of the season, the November 28 loss to rival Georgia Tech and whichever bowl game Georgia plays in.

Richt said that Perez's actions weren't "acceptable standards of behavior" and that he would "pay a price" for using poor judgment.

Perez is the 11th UGA football player to be arrested on various charges this year.

Perez, a redshirt sophomore from Miami, Florida, was arrested by Athens-Clarke County police and booked into jail shortly after 4 a.m. He was released after posting $2,000 bail a little over an hour later.

November 24, 2008

By Bob Battle

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Woman Crashes With 4-Year-Old In Truck While DUI

According to WPBF-25, a 31-year-old woman from Port St. Lucie, Florida was arrested on charges of driving under the influence and child abuse on November 16 after she crashed her truck with her 4-year-old son inside, according to police.

Police say that Jessica Mancuso was intoxicated when she crashed her Dodge pickup truck into a cement wall beside the entrance gate of her residential community. A neighbor said that he spotted her dropping her child on the ground as she stumbled out of the vehicle.

The incident report says that as police arrived, Mancuso was walking up her driveway with her son. An officer asked her what happened and she told him that she had too much to drink, but still attempted to drive home.

Police say that Mancuso told them she had been returning from the home of a friend, where she had been consuming beer and wine. She reeked of alcohol and appeared to have wine stains on her shirt, according to police.

Mancuso was placed under arrest and police say she refused to submit to a field sobriety test or Breathalyzer. A neighbor agreed to care for the child until Mancuso's husband returned from work.

November 24, 2008

By Bob Battle

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Circuit Court Judge Pleads Guilty To DUI

Keloland.com reports that a Mitchell, South Dakota circuit court judge recently pleaded guilty to first-offense driving under the influence.

Sean O'Brien was sentenced to a 60-day suspended prison term provided that he pays fines and court costs, obeys all laws, and participates in the 24/7 alcohol monitoring program.

In September, a Mitchell police officer arrested O'Brien after responding to a report of a man passed out or sleeping behind the wheel of a parked vehicle outside of a business.

According to Attorney General Larry Long, upon his arrest, O'Brien had a blood-alcohol content of 0.23 percent, nearly three times the legal limit of 0.08.

November 12, 2008

By Bob Battle

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Police Officer Resigns After DUI Crash On ATV

Nashville, Tennessee's WZTV reports that on November 10, a Fort Payne, Alabama police officer turned in his badge as the result of a charge of driving under the influence.

Assistant Police Chief Mike Grant says that 37-year-old Will Clark submitted his resignation after a warrant for his arrest was issued.

Clark was accused of DUI by a state trooper after an all-terrain vehicle wreck in rural DeKalb County, Alabama that took place on November 8.

According to Grant, Clark and a female passenger sustained minor injuries in the crash.

Clark turned himself in to DeKalb County sheriff's deputies and was released on $1,500 bail.

November 12, 2008

By Bob Battle

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Suit Filed Against Bar After DUI Crash

According to the Madison County Record, a woman from Columbia, Illinois has filed suit against a Columbia bar on behalf of her minor son, claiming that his right leg was broken in a collision with a driver who was driving under the influence.

According to Julie Russell, on November 2, 2007, Brent Russell was the passenger in a vehicle that was struck by the vehicle of Eric Vice, who was driving at an excessive speed and failed to yield. The suit was filed in St. Clair County, Illinois Circuit Court on October 30.

The suit claims that before the crash, Vice had been consuming alcoholic beverages at Topshooters.

Russell claims that in addition to the broken leg, her son's right ankle, right and left knees, and all of the ligaments, tendons, and connective tissue in his ankles, legs, and knees were injured. He also allegedly sustained mental anguish and emotional distress. The family also claims to have incurred medical expenses in excess of $50,000.

The family claims that Topshooters was responsible due to the provisions in the Dramshop Act, which allows for action to be taken after any person is injured. According to the suit, the action can be brought against any person or company selling the liquor that caused the person's intoxication.

Russell seeks damages in excess of $179,000 plus costs.

November 12, 2008

By Bob Battle

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DUI Stop Leads To Auto Theft Arrest

According to The Richmond Register, on November 3, police in Richmond, Kentucky stopped a Lexus SUV on suspicion of driving under the influence. However, the sop led to a charge of receiving stole property, according to RPD spokesperson Sgt. Willard Reardon.

Police stopped the vehicle shortly before 8:30 p.m. According to Reardon, a registration check revealed that the vehicle, valued at $15,000, was listed as stolen from its owner in Tennessee. Police charged Jason M. Williams, the driver, with DUI and receiving stolen property.

Williams, who told prison officials that he was homeless, was placed in the Madison County Detention Center under $10,000 bail.

October 31, 2008

By Bob Battle

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Harrisburg Pennsylvania Area Police increase DUI patrols for Halloween Weekend

Police throughout the state of Pennsylvania will be increasing drunk driving enforcement through the Halloween weekend. As part of the effort, the south-central Pennsylvania regional DUI task force will have additional patrols and sobriety checkpoints, according to spokeswoman Fritzi Schreffler of PennDOT. The task force covers the counties of Dauphin, Lebanon, Cumberland, Perry, York, Adams and Lancaster.

If you are charged with DUI in this south-central area of Pennsylvania, Richmond VA DUI lawyer Bob Battle highly recommends Harrisburg Pennsylvania DUI lawyer Justin McShane and his law firm, the McShane Firm, LLC.

October 29, 2008

By Bob Battle

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Police In Yuma Unveiling New DUI Enforcement Vehicle

According to Phoenix's ABC-15, police in Yuma, Arizona are utilizing a new DUI enforcement vehicle that was recently put into service.

A Highway Safety Grant from the Arizona Governor's Office of Highway Safety provided the primary funding for the vehicle and equipment in the amount of $40,000.00.

Included in the equipment are a digital mobile video system and a Doppler radar system.

The vehicle is being deployed for the purpose of detecting and apprehending impaired driving, aggressive driving, speeding, red light running, and seatbelt and child restraint violations in order to reduce serious injuries an fatal accidents.

Arizona is one of the toughest states in the country on DUI charges. if you have been arrested in Phoenix or Prescott Arizona for DUI, Henrico Virginia DUI lawyer Bob Battle highly recommends Arizona DUI lawyer Ted Agnick.

October 29, 2008

By Bob Battle

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Woman, 3 Children Dead In Apparent DUI Crash

Los Angeles' CBS-2 reports that on October 26, three children and one women died as the result of a two-car collision that split one vehicle in half near Coachella, California. One driver was arrested on suspicion of driving under the influence.

According to the California Highway Patrol, a Cadillac CTS sedan apparently ran a stop sign shortly after 1 a.m. and crashed into a small sedan containing the woman and children. The driver of the Cadillac, 33-year-old Andres Luna, was arrested on charges of drunken driving and vehicular homicide.

The children who died in the accident are an 11-month-old girl, a 7-year-old boy, and an 8-year-old boy and the woman was approximately 30-years-old, according to CHP. Their names have not been released. Four others were also injured in the crash.

One of the reported survivors was a 30-year-old man who was a passenger in the vehicle with the victims who died, according to CHP. He suffered a head injury.

October 23, 2008

By Bob Battle

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Man Arrested For Fourth DUI Offense

According to The Greeneville Sun, a man from Chuckey, Tennessee was charged by police from Greeneville, Tennessee on October 16 with his fourth driving under the influence offense and his seventh driving on a revoked license offense.

According to Greeneville Police Officer Cameron Spradlin, he charged 33-year-old Donnie Johnson, Jr. with DUI (fourth offense), violation of the implied consent law, and driving on a revoked license (seventh offense).

Spradlin said that he drove to the area shortly after 11 p.m. after a report of a possible drunk driver in a red Honda. He said he spotted the vehicle going into a convenience store parking lot.

Johnson's bail was set at $11,000.