Archive for the ‘DUI’ Category

Just when you thought DUI roadblocks couldn’t be any more ridiculous…

April 1, 2013

The B.A.T. vans don’t work. Big surprise, huh.

And what happens when maybe 100’s of people are tested inaccurately and plead guilty or are convicted of DUI and the prosecutor knows that the BAT vans don’t work. They plead the 5th, in front of the grand jury.


It just keeps getting worse!!!

September 11, 2009

Cape Coral – A 72-year-old man says he passed a breathalyzer but was arrested for D.U.I. anyway.
Police say there were traces of some type of substance in his urine but Vincent Tallo says that’s impossible.
“I’ve served my country, my record is clean and this is how I’m treated,” said Vincent Tallo.
Tallo was arrested at a D.U.I. checkpoint on Friday.
He and friend Mary Debenedetta were on their way home after a night of dancing.
“I bought a bottle of beer and sipped that bottle for two hours,” said Tallo.
The couple pulled up to the checkpoint and was approached by an officer.
“He asked me–had I been drinking, I told him I had one beer,” said Tallo.
Tallo said he had to follow the officer’s finger with his eyes and do a few more field tests.
“He told me to stand on my right foot and put my hands at my side. He said, Sir, you are arrested for D.U.I.–I said what? I requested the breathalyzer,” said Tallo.
Tallo said a female officer gave him the breathalyzer test and he blew a .000.
The 72-year-old was taken to a portable bathroom and asked to urinate in a cup.
“They’re doing a urine test– I said this guys a health-nut he doesn’t even take an Advil ,” said passenger Debenedetta.
Cape Coral police tell us the test can show twelve different drug classifications.
They say something showed up in Tallo’s test but they have to wait until the results come back from the state before they know exactly what it is.
Tallo traffic citation says “D.U.I.–pending urine”. The couple is now fighting the charges.
“I want other people to not go through this ever,” said Debenedetta.

Tallo was issued a citation and notice to appeal for “DUI — Pending Urine — Checkpoint,” the documents state. Due to Tallo’s vehicle being towed, he and Debenedetta walked to Debenedetta’s house, more than two miles away. SA office declined to prosecute.

UPDATE: The city has paid out nearly $41,000 total in two separate lawsuits where the Cape Coral police were accused of false arrests at DUI checkpoints. The city settled earlier this month with Vincent Tallo and James Wilhelm. On July 13, the city agreed to a $22,000 settlement with Tallo, while on July 15, it entered into a $18,750 settlement agreement with Wilhelm, officials said.

When are enough people going to insist that these aberrations of the United States Constitution be abolished? These checkpoints are so despicable, I cannot even control my temper. We had one of these checkpoints in Sarasota county over the weekend and the Leos made 9 DUI arrests (all of their arrests in 2008 were thrown out of court because of police misconduct at the checkpoints) and wrote 207 citations. How is it possible to write 207 citations if you are just asking people if they are impaired? What is wrong with us?

More work for less clerks

September 3, 2009

HERNANDO COUNTYTwo Hernando County men are facing charges after deputies said they rode their bicycles while drunk.

According to Bay News 9‘s partner paper, the St. Petersburg Times, Robert Steudl decided to ride a bicycle home from the Pickled Parrot bar early Tuesday morning after he decided he was too drunk to drive.

Deputies thought otherwise. Steudl was arrested for driving under the influence while on a bike, after deputies said they found him riding in the middle of a westbound lane on Spring Hill Drive. A car had to swerve to avoid hitting him, deputies said.

Three hours earlier, a second man was also arrested after a deputy noticed a line of cars driving very slowly on Forest Oaks Boulevard.

The deputy realized the cars were moving slowly because Oswaldo Davila was riding in the middle of the westbound lane with no lights or reflective equipment, the Times reports.

The arrest is Davila’s second for riding his bicycle while drunk.

Florida law considers a bicycle to be a motor vehicle.

You can be arrested for DUI in FL for riding a bicycle while intoxicated, but only if you are riding the bike on a road. If you are riding the bike on a sidewalk (which is legal in FL), you can’t be convicted of DUI. So if you are drunk, go ahead and ride your bike home, but ride on the sidewalk. If you see a pedestrian, stop until they walk past you because you do have to yield for peds.

You can also walk home if you are intoxicated because we don’t have a public intoxication law in FL. We have disorderly intoxication, so you have to be intoxicated and disorderly. As long as you are just weaving down the sidewalk, you shouldn’t get arrested, but make sure you have your fly zipped up and don’t urinate in the open because you can get arrested for that.

The most famous DUI incident in History

August 26, 2009

"Cowards die many times before their deaths, The valiant never taste of death but once."

It probably isn’t kosher to talk bad of the dead, but it’s not often that the mainstream media eulogizes and praises dead murderers.

Ted Kennedy didn’t just murder Mary Jo Kopechne. He left her in a car that was submerged and overturned in less than 5 feet of water. The coroners said that she probably lived for about 3 hours by breathing the air that was left in the car, but she couldn’t extricate herself from the back seat. Kennedy didn’t call emergency. He didn’t call the police. He never tried to save her life. There was a house less than 150 ft away from the “accident” with it’s porch lights on. He left her to die an excruciating death by suffocation.

This may be speculation but pretty much everyone knows that Kennedy was drunk driving and was taking Mary Jo down to the beach for a tryst. He didn’t report the accident because he didn’t want to get charged with DUI.He then tried to set up an fake alibi and he begged his lawyers to go along with a story that she was driving and he wasn’t there.  I can’t think of any more cowardly of acts in American History. Hopefully, Ted met Mary Jo, first, when he got to wherever he was going when he croaked. Good riddance.

A Lesson from Leos

July 31, 2009

WATERLOO —A Waterloo officer has been arrested on a drunk driving charge over the weekend. According to court records, deputies with the Black Hawk County Sheriff’s Office responded to a report of a vehicle in a ditch in the area of Moline and East Cedar Wapsi roads at Sunday night. When they arrived, deputies found Randall Dean Hammitt and noticed an odor of alcohol, court records state.

Hammitt admitted to drinking earlier in the evening, but he refused field sobriety tests and breath tests, records state.

Deputies took him to the jail at about 9:15 p.m., and he was released after posting bond. Hammitt, 47, was arrested for first-offense operating while intoxicated.

SMITHFIELD-A former Smithfield police officer charged with driving under the influence of alcohol pleaded guilty to a lesser charge this morning. Sgt. Jim Tragesser, who resigned from the Smithfield Police Department in May, pleaded guilty in Isle of Wight General District Court Thursday to one count of misdemeanor reckless driving. During his five years with the police department, Tregesser received awards from Mothers Against Drunk Driving for his success in arresting intoxicated drivers.

Tregessar was initially charged with refusing to take a breathalyzer test and driving under the influence after the accident on Brewer’s Neck Boulevard in April.

Tregessar was off duty and driving his personal vehicle when the accident occurred.

ALBANY – An Albany police detective McNally, 54, was taken into custody at his home around 11 p.m. on Jan. 11, roughly two hours after the incident began. By then, he was with two police union officials who had been alerted to what happened and gone to his aid. They were allowed to accompany McNally to Albany’s internal affairs office, where he refused to submit to an alcohol test and was charged with DWI.

A Clinton police officer was arrested early Sunday for driving under the influence, a state Department of Safety spokesman said this morning.

Matthew Howell, 35, of Clinton, was charged with DUI implied consent because he refused to have a blood alcohol test done, safety spokesman Mike Browning said. He failed a field sobriety test, he said.

Why is it that every time a Leo is arrested for DUI , he refuses the breath test and the field sobriety tests? Is that what we are supposed to do every time an officer asks us to perform the DUI sobriety tests? I suppose the Leos that get arrested for DUI are trying to tell us something.

The Waterloo officer was arrested for first time DUI, so he’ll probably just have to put an anti-alcohol ignition interlock device on his squad car.

(This is sarcasm, I didn’t think they’d actually do it:  Detective George McNally had admitted to driving drunk, hitting two cars and nearly hitting several more back in January; all witnessed by a Schenectady police officer.
Wednesday, a judge ordered McNally to pay $4,500 in restitution for those damaged cars.
He’s also been ordered to place an ignition switch on any vehicle he drives over the next year.)

I Spoke too soon

Most of the Leos caught for DUI refuse the sobriety tests, but it seems these six didn’t. When they take the tests, their BAC is usually 2 to 3 times the legal limit. All of these arrests involved crashes and some fatalities.

Former Police officer Christopher E. Berlanga, 29, admitted he had a blood-alcohol level of 0.19 percent — twice the legal limit — on Jan. 16, 2006, when his car and one driven by Kristina Hiltunen collided near Indianapolis Boulevard and Martha Street in Highland. Berlanga was a Chicago police officer at the time.

Former Detroit police officer JosephWojtas, who reportedly had a blood-alcohol level of .19% at the time of the crash, pleaded not-guilty to both charges during his June 29 arraignment and is out on personal bond. He’s expected to be arraigned Aug. 24 in Macomb County Circuit Court.

The former Alexandria police chief who resigned and retired after being arrested for drunken driving is headed to jail. Police say David Baker collided with another car July 25 as he attempted to merge onto Interstate 66. A breath test later registered a blood alcohol level of 0.19, more than twice the legal limit.

Officer Dornay agreed to breath tests, which registered 0.149 and 0.172 percent blood alcohol, according to the citation filed in Grays Harbor County District Court. The legal limit is 0.08 percent.

Police say a suburban St. Louis police officer Christine Miller was driving eastbound in the westbound lanes when her car collided nearly head-on with another car. Four of the five people in the other car died. Police say that three hours after the crash, Miller’s blood alcohol level was twice the legal limit. Miller is suspended without pay from her job.

Leo Sanders pleaded guilty 10 days after a motion to suppress an Alcotest reading of 0.23 percent — almost three times the legal blood-alcohol limit of 0.08 percent — was denied by Armstrong.Authorities have said Sanders was intoxicated when he hit a pickup truck and car while traveling eastbound on Route 22 near Wilson Avenue in North Plainfield. Sanders attempted to pass a 2002 Chevrolet pickup truck driven by Florida resident Joseph J. McKernan, who was traveling eastbound in the highway’s left lane, police said.