DWI Blogs

Grand Rapids teen sentenced for deadly DWI crash

A Grand Rapids teenager who pleaded guilty in the deadly, DWI crash that killed one of his passengers was sentenced to one year in jail and probation.

Anthony Fini, 19, pleaded guilty to criminal vehicular homicide and criminal vehicular operation in the death of 18-year-old Christy Laney.

According to the criminal complaint, Fini lost control of his vehicle on County Road 61 in Itasca County on August 6, 2008.

He had been driving. Laney and three other people were his passengers. Laney was killed, two other women were injured. Fini and another man left the scene.

Law enforcement officers responding to the scene found beer cans and said the vehicle smelled of alcohol.

One of the other passengers told investigators Fini was driving 95 miles per hour before the crash and she and Laney were yelling at him to slow down.

Prosecutors recommended that Fini be sentenced to six and a half years in prison. The judge did issue a six and a half year sentence, but stayed the execution of that sentence for ten years and placed Fini on ten years supervised probation.

Fini will also serve one year in the Itasca County jail, complete chemical dependency evaluation and follow other restrictions on alcohol and drug use and driving.


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Super DWI patrols out this Sunday

While many festive football fans will be out watching the Super Bowl at several different venues this Sunday, law enforcers will be busy watching traffic to keep drunken drivers off the road. 

The STOP-DWI crackdown will occur throughout New York. State and local law enforcement will be out in full-force, utilizing sobriety checkpoints and saturation patrols to deter drunk driving and ensure the safety of roadways. 

Law enforcement reminds motorists that driving with a blood alcohol content of 0.08 percent or higher will put them over the limit and under arrest. 

STOP-DWI, or Special Traffic Options Program for Driving While Intoxicated, is a comprehensive and financially self-sustaining highway safety program. All 62 counties are participating in the program, which allows each to establish a STOP-DWI Program that qualifies for the return of all fines collected for alcohol and other drug-related traffic offenses occurring within its jurisdiction. 

Other STOP-DWI crackdown periods are: March 9-17, St. Patrick’s Day; May 21-25, Memorial Day; June 21 to July 5, Fourth of July; Aug. 21 through - Sept. 7, National Over the Limit-Under Arrest Enforcement; Oct. 25-31, Halloween; and Nov. 20 through Jan. 2, the holiday season.

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4 Motorists Charged with DWI

The following motorists are charged with driving while intoxicated and related offenses:

Scott E. Boyce, 21, of 23463 Cemetery Rd., Felts Mills, was charged by Watertown police at 2:48 a.m. Friday at 430 Factory St. with DWI, resisting arrest, failure to keep right and unreasonable speed. Police said he pulled away and struggled with them while being handcuffed. He also allegedly refused a breathalyzer test, they said. He was being held at the Metro-Jefferson Public Safety Building on $500 bail pending arraignment Friday morning in City Court.

Christopher W. Grigsby, 26, Rochester, was charged by Jefferson County sheriff's deputies at 3:55 a.m. Thursday on Fort Drum with aggravated DWI. He was turned over to deputies by Fort Drum police after his vehicle allegedly got stuck in the snow, according to police documents. His blood alcohol content was 0.22 percent, deputies said. Aggravated DWI, which carries a harsher sentence upon conviction, is charged when the blood alcohol content is 0.18 percent or more. He is to answer the charges in LeRay Town Court.

Michael C. Hitchcock, 23, of 107 King St., Rensselaer Falls, was charged Thursday by state police with felony DWI, first-degree aggravated unlicensed operation of a motor vehicle, driving across hazard markings and unlicensed operator. Troopers said Mr. Hitchcock drove off County Route 15 in the town of Oswegatchie. He was arraigned in Morristown Court and send to the St. Lawrence County jail with bail set at $2,500 cash. His BAC was not made available.

Michael G. Beagle, 28, Lowville, was charged at 1:05 a.m. Thursday on the Number Four Road in the town of Lowville with DWI, according to state police. His BAC was not made available

Postings from earlier this week:

Danielle C. Dolph, 26, of 523 John St., Clayton, was stopped by Jefferson County sheriff's deputies at 11:24 p.m. Sunday on Route 12E in the town of Brownville for failing to dim her vehicle's headlights. She was charged with aggravated DWI after allegedly being found to have a 0.19 percent blood alcohol content, deputies said. Aggravated DWI, which carries a harsher sentence upon conviction, is charged when the blood alcohol content is 0.18 percent or more. She is ordered to appear Jan. 29 in Brownville Town Court.

James E. Dillion, 28, of 64 Douglas Rd., Massena, was charged Saturday by state police with DWI after patrols checked on a suspicious vehicle in the parking lot of Latham's Auto on County Route 6 in the town of Oswegatchie. His BAC was 0.09 percent, troopers said. A BAC level of 0.08 percent or more is considered proof of intoxication under state law. He is to appear Feb. 4 in Oswegatchie Town Court.

Kelly S. Edwards, 18, Hermon, was charged at 10:40 p.m. Sunday by state police with DWI and unlawful possession of marijuana after a one-vehicle property damage accident on Route 58 in the town of Macomb. Her BAC was not made available. She is to appear Feb. 12 in Macomb Town Court.

James L. King, 32, of 417 Morris St., Ogdensburg, was charged at 1:05 p.m. Sunday by state police on Hardscrabble Road in the town of Lisbon with DWI, third-degree aggravated unlicensed operation of a motor vehicle, unregistered vehicle and speeding 77 mph in a 55-mph zone. His BAC was 0.14 percent, troopers said. He is to answer the charges Feb. 10 in Lisbon Town Court.

John M. Barr, 42, Rensselaer Falls, was charged Sunday by state police on Taylor Road in the town of Oswegatchie with felony DWI after allegedly failing to keep right. His BAC was 0.16 percent, troopers said. The charge is a felony due to a previous DWI conviction in 2003, they said. He was arraigned in Morrison Town Court and sent to the St. Lawrence County jail with bail set at $2,500 cash.

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Lawyer's DWI arrest, caught on dash camera

ALBUQUERQUE (KRQE) - Whatever you say can and will be used against you in court; it's something every cop knows and every attorney should know.

Apparently one local lawyer forgot the axiom, when Albuquerque Police arrested him for drunk driving this week.

Albuquerque attorney John Wayne Higgins usually defends drunk drivers.

On Wednesday night he had the right to remain silent; instead he acted as his own attorney and tried to defend himself.

Police said that Higgins struck a curb near 12th and Mountain, and witnesses watched him walk across the street where police found him.

Higgins' entire arrest was caught by a police officer's dash camera. He claimed that he wasn't driving the car.

"This is what you're driving me in on. I'm going to sue your (expletive) off," he said.

The alleged drunk driver didn?t seem too happy cuffed and perhaps stuffed with something that didn?t agree with him

"This will be the last best day of the rest of your life," Higgins said in the back of a police cruiser. "And if you think I'm kidding you're (expletive) crazy."

During his entire ride in the police car, Higgins lobbed insults at his arresting officers.

"The only safe thing for you to do is kill me because I know, and I know people that know," he said. "You little slime bag, crick, criminal, killer."

Higgins had a hard time sitting up on the 20 minute car trip to lock up, which may have given him a wake up.

"I want you guys to know, I don't believe I can beat up these guys in jail," he said. "Any possibility that you can stay with me for a while?"

Higgins has been charged with aggravated DWI and is currently out on bond. He said that he wasn't driving the wrecked car.

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Woman who allegedly faked DWI cases indicted

HOUSTON (KTRK) -- A former DPS contractor was indicted by a grand jury for tampering with government records. She's accused of faking records on hundreds of DWI cases that could now be in jeopardy.

Friday's indictment could mean a do-over for thousands of DWI cases in three counties. Prosecutors admit the cases would be tainted at best, possibly ruined entirely.

Deetrice Wallace's indictment is really just the beginning of this story.

It's a story that has the potential to unwind 4,000 DWI cases across our area. A contracted DWI technical supervisor, Wallace was supposed to certify that DPS breathalyzers were working properly. In other words, that you were drunk when the machine said you were. The District Attorney's office said she wasn't doing it. 

"It jeopardizes the reliability of test strips used to obtain convictions," said Assistant Harris County District Attorney Terese Buess, 

Wallace worked for DPS since 1996. The DA's office is going back over all the cases she may've touched and reviewing every single one of them. If the case resulted in a conviction, the DA's office will notify the convicted drunk driver, throw out the breath test evidence, and start the process all over again. 

"She's going to cost a ton," said Buess. 

That is money you the taxpayer will have to pay, not the woman who was charged. The DA's office said it is the only way to ensure fairness. 

"In the interest of justice, we are pulling the records. If you were convicted based on these records, we will make contact with you," said Buess. 

For Doug Murphy, a DWI defense attorney, that's not enough. 

"They should let those cases go," said Murphy. 

On Friday, Murphy tried to get a case thrown out of court based on Wallace's potentially faulty results. Even though the DA knew Wallace was involved, they wouldn't dismiss the case, deciding instead to rely on other evidence. 

"If they're talking about public integrity here and they're trying to increase the public confidence in these breath testing machines, they should let them go," said Murphy. 

If there is video or other evidence of a driver's state of intoxication, the cases could go forward. However, if the test is bad and it was the only evidence, there may be no other choice but to dismiss the case and work to clear someone's record.

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TV Diner friends represent at blood drive

(NECN: Billy Costa, Dedham, Mass.) - For the fifth year in a row, the American Red Cross Blood Services - Northeast Division and New England Cable News are joining together to reach out to patients in need by increasing the blood supply and raising awareness about the ongoing need for blood donors. 
Jose Duarte, chef/owner of Taranta in the North End, is joining in on the efforts, along with Cecilia Rait, owner of the Beacon Hill Hotel and Bistro.

The Celebrate the Gift of Life campaign will run throughout the winter months and holiday season, when blood donations are often critically low. 

Click here for more information and to find a donor center near you.

Every day, there are thousands of patients in hospitals who rely on the generosity of volunteer blood donors so that they can receive the treatments they need. Across the United States, a blood transfusion is needed every two seconds. The only source of blood is a healthy volunteer donor. Each unit of donated blood has the ability to help save the lives of up to three patients in need. Donated blood is used to help accident victims, trauma patients, transplant recipients, and those receiving treatment for life-threatening illnesses.

Police: "Superman" arrested for DWI

SHELBY - Police say "Superman" was nervous, glassy-eyed and had slurred speech Sunday, but it wasn't because of Kryptonite.
Officials charged Christopher Lee Reeves, 22, nicknamed "Superman" according to his arrest report, with impaired driving DWI, open container of alcohol and violation of seat belt law over the weekend.
According to a report by Shelby Police Officer B.G. Travis, Reeves' trial date is Jan. 30 and his bond was set at $500 unsecured.
Reeves was "nervous, (had) red glassy eyes, (and a) strong odor of alcohol coming from vehicle," Travis wrote.
The late actor Christopher Reeve played the role of Superman in several movies during the 1970s and 80s.
The Star previously reported that Reeves, of Hidden Creek Drive, was arrested in September and charged with felonious second-degree arson and breaking and entering, according to Shelby Police reports.

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DWI task force maps out "get tough" plan


BATON ROUGE, LA (WAFB) - Louisiana could soon close some big loop holes in DWI laws. Close to half of all crashes in Louisiana in which someone dies involve a driver who's intoxicated. A vehicular homicide task force met with prosecutors Monday to map its "get tough" plans.

"We've got to change the way we look at DWIs in this state," said Danny Smith. He helped establish the state's first DWI court in Houma. He says he did it because drunk drivers kept getting away with little more than a slap on their wrist. "Everybody's in denial. No one wants to believe we have a drinking problem and it's our culture and we need to go easy on them."

The DWI Vehicular Homicide Task Force that met Monday is not interested in more mercy. It is looking for more ways to punish people who drive drunk in Louisiana. "I think it's time people who drink and drive get inconvenienced," said Smith. "I think driving under suspension has to be looked at a lot more seriously," added Mothers Against Drunk Driving advocate Tammy Matzke.

The task force came up with three different immediate needs for legislation. One is to increase penalties for driving with a suspended license from a fine to criminal charges. Another is to increase penalties for refusing to take a breathalyzer test. The last is to limit the information discussed in pre-trial hearings, so fewer DWI cases get thrown out of court. "We may have to dismiss case if there is a conflict in testimony and that's what they're hoping to use it for, impeachment of officers' testimony," said Norma Broussard, a prosecutor in Jefferson Parish.

She says defense attorneys often use pre-trial hearings to get the arresting police officer to say one thing, and then get them to say something different in the actual trial. In the end, the alleged drunk driver gets off scot-free. "Last session, we tried to get it changed and it didn't go far, so we're hoping that it will happen," added Broussard.

The task force was hand-picked by Governor Bobby Jindal, so the members are hoping their recommendations for new legislation will hold greater weight in the upcoming session. "I think we're behind the ball, so legislation like this will catch us up, so we can prevent more fatalities," said Broussard.

The task force meets again on March 2nd to finalize its changes. Representative Jonathan Perry of Abbeville is a member of the task force and offered to sponsor the legislation in the next session, which starts April 27th.

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Elephant Butte Superintendent Arrested On DWI

TRUTH OR CONSEQUENCES, N.M -- State police have charged the superintendent of Elephant Butte Lake State Park with driving while intoxicated.

Kay Dunlap was arrested early Sunday. She also was charged with speeding.

State police said an officer spotted a speeding vehicle on N.M. 187 near Arrey. The officer who pulled over the vehicle had the driver, Dunlap, perform field sobriety tests, then arrested her on a first offense driving- 

while-intoxicated charge. 


Police said her breath-alcohol level on two separate tests was 0.19 and 0.18.

A spokeswoman for State Parks, Marti Niman, said the matter is under review.

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Ambulance volunteer has license suspended after DWI charge

SLEEPY HOLLOW - A member of the Sleepy Hollow Ambulance Corps accused of driving drunk and crashing an emergency vehicle last week appeared in court yesterday, and his license was suspended.

Arron Rodriguez, 24, did not enter a plea.


Rodriguez had been drinking at the ambulance corps headquarters before he took the "fly car" - a vehicle stocked with emergency medical equipment and supplies - without permission shortly before 6 a.m. Jan. 20, authorities said. He struck a tree on Sleepy Hollow Road minutes later.

Rodriguez, of 272 Spring St., Ossining, then returned the vehicle to headquarters and left. Police administered a breath test at their headquarters and said his blood-alcohol content was 0.19 percent, more than twice the legal limit.

He was charged with driving while intoxicated, unauthorized use of a vehicle and criminal mischief, misdemeanors; and damage to village property, a violation.

Rodriguez has been suspended from the volunteer department.

Village Justice Alphonse Naclerio set Feb. 9 as his next court date.

Mayor Phil Zegarelli, who has asked for a full investigation by the police chief, is questioning why it happened, wants the screening process for potential members re-examined and wants strict rules against having access to official cars after consuming alcohol.

The incident has also sparked a dispute between the mayor and the head of the ambulance corps, Capt. James Hayes. On Thursday, when Hayes denied a television news cameraman access to the crashed vehicle, the mayor had the head of the Public Works Department let that person inside.

Hayes was videotaped cursing at the mayor and announcing he quit. He later confronted the mayor at Village Hall and did the same, Zegarelli said. The mayor said he accepted the resignation, then was later told by Hayes that he didn't quit.

"I've been cursed out by a lot of people," Zegarelli said. "The emotion on his part may have been over the top, but that doesn't mean we don't sit down and fix things. I'm going to bring this matter to the board and let them decide."

Hayes was outside court yesterday, and said he hadn't quit.

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Lost woman killed in fatal hit-run; DWI suspected

A Valley Stream woman who was lost and on a cell phone with her boyfriend trying to find the Long Island Expressway died yesterday after her car was struck by an accused drunken driver who then left the scene, police said.

Melissa Scherr, 25, died just after noon at Huntington Hospital from injuries sustained in the early morning collision in Melville, said police, who credit a firefighter responding to the crash with help in the arrest of Douglas Davis, 44.

Davis, who is being held at the Second Precinct in Huntington, is accused of drunken driving and fleeing an accident. The Suffolk County district attorney's office will likely upgrade the charges now that Scherr has died, police said.

Davis, of Centerport, is to be arraigned today in First District Court in Central Islip.

Scherr was lost and getting directions from her boyfriend, Vito Campanelli, on her cell phone as she drove slowly north on Route 110 about 4 a.m., looking for the Long Island Expressway, Suffolk police and her family said. Davis, the lone occupant of a GMC pickup, struck Scherr's Nissan 200SX from behind near the intersection of Schwab Road, throwing her car off the road and into a utility pole, police said.

Scherr was driving to Valley Stream from Campanelli's Kings Park home when she encountered a road closure and got lost, her family said.

Moments after the crash, Davis was spotted in a nearby parking lot, where he got out of his truck, checked the damage and drove away, said Det. Sgt. Bruce Markgraf. At about the same moment, Chris Manganello, 39, a fire dispatcher and volunteer firefighter from Huntington Station, was awakened by an alert of a "heavy rescue" about a mile and a half away on Route 110. 

As he rushed out the door of his home, Manganello said he spotted a truck with a broken right headlight and other front-end damage headed down a residential street just north of Jericho Turnpike. Manganello said that he smelled burning rubber and antifreeze coming from the truck.

"I got a slow look inside and saw both air bags hanging out and thought . . . hey, this truck, it's coming from that direction, there is a good chance it's connected," he said.

Manganello jumped in his own vehicle and followed the truck for about half-mile through the neighborhood. 

At one point, Davis pulled over, got out and stared at Manganello, who remained in his car "because I didn't know what this guy was going to do."

"He just shrugged his shoulders, like, 'What are you doing?'" Manganello said.

After pulling over a second time, Davis started to walk toward the firefighter but returned to the vehicle after Manganello shouted at him. He continued to follow the truck until it pulled into a driveway on Monett Place. 

After Manganello alerted a resident of a nearby home to call 911, two Suffolk officers arrived and later spotted a light go on in a nearby backyard on Hofstra Drive. 

Davis was found there hiding behind a tree, said Markgraf. He credited Manganello with the quick arrest.

"This guy really went out of his way to make this happen," he said. 

Davis refused to take a Breathalyzer but submitted to a field sobriety test that he failed, police said. Detectives also got a warrant to take blood; the results were not available yesterday. 

Davis' truck is registered to Davis Aircraft Products Co. Inc., of Bohemia. A business registry lists Douglas Davis as a vice president. Messages left at the business and at Davis' home were not returned.

Staff writer Christina Hernandez contributed to this story.

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Centerport man pleads not guilty fatal DWI hit-run

A Centerport man charged in a fatal hit-and- run incident pleaded not guilty yesterday to driving while intoxicated and leaving the scene of an accident, Suffolk prosecutors said.

At his arraignment in Suffolk District Court in Central Islip, Douglas Davis, 44, was ordered held on $250,000 cash bail or $500,000 bond, a spokesman for the prosecutor's office said. 

An attorney for Davis, James O'Rourke, could not immediately be reached for comment.

Early Saturday morning, Suffolk police said, Davis was driving north on Route 110 in Melville when he crashed his GMC pickup into a Nissan 200SX driven by Melissa Scherr.

Scherr, 25, of Valley Stream, was taken to Huntington Hospital, where she died later that day, police said. She and her boyfriend, Vito Campanelli, had been saving money for their wedding, they said.

After a volunteer firefighter followed Davis to Greenlawn, police said, officers caught Davis in a Hofstra Drive backyard. 

According to the felony complaint, when police asked Davis whether he'd been drinking, he replied, "Yes, I had a few." The complaint says Davis also said: "How much trouble am I in? ... Was the accident bad?"

In 2004, Davis pleaded guilty to a misdemeanor charge of driving under the influence of alcohol or drugs, records show. He refused to take a breath test then, according to records. His license was suspended for 90 days.

Davis is listed in a business registry as vice president of Davis Aircraft Products Co. in Bohemia.

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Southampton Town DWI reports
Jan 26, 09 5:43 PM

Stefan Borell, 47, of Hampton Bays was stopped by Southampton Town Police on Saturday at 5:28 a.m. on West Montauk Highway in Hampton Bays and charged with DWI. Police said Mr. Borell was involved in a one-car accident and had to be transported to Peconic Bay Medical Center in Riverhead, where he was treated for a head laceration. He refused to submit to a chemical test and, upon his release from the hospital, was taken into police custody and arraigned the next day, according to authorities.

Jacinto Lopez, 49, of Southampton was arrested by Southampton Town Police on Sunday at 3:40 a.m. on Noyac Road in Noyac and charged with DWI. Police said Mr. Lopez, who was pulled over for failing to maintain his lane, had his driver’s license revoked for a prior alcohol-related offense. He was also charged with aggravated unlicensed operation of a motor vehicle in the second degree, a misdemeanor. 

Luis Armando, 22, of Flanders was stopped by Southampton Town Police on Saturday at 1:55 a.m. on Flanders Road in Riverside and charged with aggravated DWI for having an elevated blood-alcohol content. He was originally pulled over for having broken lights.

Rachel Karpilovsky, 21, of Calverton was arrested by Southampton Town Police on Saturday at 1:45 a.m. on Ponquogue Avenue in Hampton Bays and charged with DWI. Ms. Karpilovsky was originally pulled over for a traffic violation. She was taken into police custody and held for morning arraignment.

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Two women injured in one-vehicle accident

Driver sustained serious injuries in wreck, was life-flighted to Tyler hospital

Sunday, January 25, 2009

A one-vehicle accident left two Lufkin women hospitalized after the car they were in left the roadway and overturned on Sunday afternoon. The accident took place on FM 328 just outside of Huntington at 4:45 p.m., according to a report by the Department of Public Safety in Lufkin.

A one-vehicle wreck on FM 328 just outside of Huntington left two Lufkin women hospitalized with serious injuries, according to the Department of Public Safety in Lufkin. The wreck occurred at 4:45 p.m. on Sunday afternoon. A helicopter was dispatched to transport the driver to East Texas Medical Center in Tyler, while the passenger was taken by ambulance to Memorial Health System of East Texas.

The vehicle was headed eastbound on FM 328 when it left the roadway. The cause of the accident was unknown as of Sunday evening, and the wreck is still under investigation, according to the DPS.

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NIAGARA FALLS

Wrong way down Ferry leads to DWI arrest

A Whitesboro man faces several charges after he was spotted driving the wrong way down Ferry Avenue about 2 a.m. Sunday.

Michael R. Zick, 20, was charged with driving the wrong way down a one-way street, DWI and speeding, according to police. 

After going the wrong way down Ferry, Zick was being followed by a patrol car as he was driving 42 mph down Pine Avenue — a 30 mph street. Officers noted that he failed to pull over when they turned on their emergency lights and had to turn on their siren to get him to pull over. 

After stopping in City Market, Zick, who officers said smelled of alcohol, refused to take field tests and was charged. Once at police headquarters, Zick agreed to take a breath test but changed his mind after making his phone call.

Zick blamed his GPS unit when asked why he was driving the wrong way down Ferry Avenue.

Niagara Falls

• PUBLIC DRINKING: Stacy M. Lester, 20, 1944 Falls St., was charged with restricted use of alcohol about 2:15 p.m. Saturday, according to Falls police. Officers on patrol spotted Lester walking down the 2200 block of Falls Street drinking from a 20-ounce bottle of Bud Light.

• CONTEMPT: John N. Fisher, 33, 232 81st St., was charged with second-degree criminal contempt about 10 a.m. Sunday, according to police. He was charged after violating an order of protection.

• DRUGS: Jermaine V. Lowe, 18, 1924 Niagara St., was charged with possession of mariuana, first-degree aggravated unlicensed operation and a vehicle infraction about 3:45 a.m. Sunday, according to police. Stopped for a broken taillight on Pine Avenue, Lowe was caught with a baggies of a substance that field-tested positive for marijuana. Officers said his license had also been suspended after he failed to answer a summons.

City of Lockport

• CHARGED: A Lockport woman and Gasport man were charged with unlawful dealing with a child about 1 a.m. on Sunday. Kali M. Wojtkowski, 21, 99 Garden St. Apt. J, Lockport and Mark E. Dennis Jr., 22, 8005 Ridge Road, Gasport were arrested and face misdemeanor charges. Police responded to Garden Street to investigate a disturbance from juveniles in the area. There was an under-age drinking party in the apartment of Wojtkowski. All of parties, except two, were not of drinking age and had been consuming alcohol. 

n CHARGED: Dwayne R. Webster, 26, 101 Vine St. rear was charged with third degree assault and third degree menacing. The victim reported that she went to a Vine Street residence to drop the victim’s daughter off for a visitation. Webster began arguing with the victim because she would not lend him money, according to the report. The victim was punched in the mouth and went to the Lockport Police Department. Webster was arrested without incident.

Town of Lockport

• CHARGED: Kathleen M. Dusing, 26, 125 Helen St. Cheektowaga, was charged with driving while intoxicated and failure to keep right. The patrol conducted a traffic stop South Transit Road after observing a vehicle repeatedly cross the center median. According to the report, the patrol detected an odor of alcoholic beverage, glassy eyes and slurred speech. Dusing refused a request to submit to a breath screen test on the scene and said she would no longer answer questions because she wanted to speak to a lawyer. She failed three of four field sobriety tests. Dusing was transported to the Niagara County Jail where she is being held in lieu of $250. She has a return court date Tuesday in the Town of Lockport Court.

   

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Yigo Man Charged In September Crash

One man was arrested and another arrest is expected today in connection with an accident which took place last September in Yigo.
Police today charged 19 year old Benny Dacanay of Yigo with driving under the influence, and DUI with injuries. Dacanay was making a left turn on Marine Drive when he was struck by another car. The second vehicle reportedly traveling at speeds of over 100 miles per hour. Dacanay was allegedly drunk at the time of the crash. 
The driver of the second vehicle expected to also be arrested and charged in the case.  


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Family Takes Action After Relatives Are Killed by Drunk Driver

 

LINDSEY (KPTM)- 4-year-old Nolan Beller has no memories of his grandparents, Larry and Rita Beller. So, he relies on his dad, and five uncles to fill him in. "He knows them by pictures. Knows where they are - knows they're in heaven," said Nolan's dad, Dale Beller. 

On January 25, 2002, Larry and Rita were on vacation, driving through New Mexico with their closest friends, Bud and Alice Ramaekers, when Lloyd Larson, got into his truck, drove down the wrong side of the road, and hit the couples' car head on - killing all four inside. 

"I can remember the event, and it seems like it just happened. It's just something you don't ever forget," said Jerry Beller, Larry's brother. Larson's blood alcohol level was twice the legal limit, and he was cited for his ninth DUI - prompting the Beller family to take action and call on state senators to pass a bill which would require all DUI offenders in Nebraska to have an ignition interlock device installed in their cars. 

"If they are drinking, and they chose to drive - they have to blow into this thing, which should be a good reminder that I choose to do that. If my vehicle doesn't start - it's my own fault," said Dale. After years of hard work, the bill became law, and went into effect January 1, 2009. 

"It's going to prevent you from hurting yourself, and others, and avoiding what we went through," said Larry. And on this cold, snowy day, seven years to the day they died, Larry and Rita's boys now know their parents death is a beacon for a greater cause. 

"Somebody is sending a message down from heaven. White's a beautiful color - it's a blessing they went to heaven that day," said Dale. The Bellers also helped pass an ignition interlock law in New Mexico where the crash happened. Larson, the man convicted of killing Larry and Rita, is currently serving twenty years in federal prison.

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Blood tests show that a Loudon school bus driver accused of driving a bus with children while under the influence of prescription drugs is not guilty of the charges, her attorney says.

Vicky Lynn Kwasny, 47, was arrested and charged with DUI and child endangerment in September after being found unresponsive behind the wheel of a school bus. She is pleading not guilty to the charges, said Lenoir City attorney Gary Fox.

Kwasny appeared in Loudon County general sessions court Wednesday. Her case was continued until March 18.

Although Kwasny admitted to arresting officers that she was taking the prescription muscle relaxant Soma, Fox said that upon reviewing results of blood and breathalyzer tests released by TBI, it is clear Kwasny was not under the influence.

"The breathalyzer test came back zero," he said. "The blood results came back within the minimum therapeutic limits."

Fox said there are a number of previously unrevealed facts that point to Kwasny's lack of impairment on the day in question. She had already delivered one busload of children that same morning without incident, he said.

While driving the second load of children to the elementary school, Kwasny began feeling ill and decided to pull the bus off the road into a church parking lot, he said.

"She did as she was trained to do," Fox said.

A member of Loudon County Fire and Rescue spotted the bus stopped in the parking lot and alerted police. Officer Dwayne Williams responded to the call and said he found Kwasny unresponsive behind the wheel and unable to stand without assistance.

Loudon Police Chief James "Bear" Webb said that he believes there is sufficient evidence to justify the charge of DUI and reckless endangerment.

In addition to the presence of drugs in Kwasny's system, other evidence, including the testimony of the children on the bus and the report of the arresting officer, supports the charges, Webb said.

During a school board hearing on the issue, it was revealed that several weeks before the incident, a physician gave Kwasny the go-ahead to continue driving, despite the fact that a Loudon police officer and school board member had warned school officials that he suspected she had a drug problem.

Kwasny did not test positive for any illegal drugs and admitted to the physician that she had been taking Soma under prescription. According to school board member Craig Simon, Kwasny should not have been operating a commercial vehicle while taking the medication.

During a subsequent review of school department policy, it was decided that bus drivers should inform the school department of any prescription medication they are using.

District Attorney General Russell Johnson's office did not respond to a request for comment on the case.

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On Jan. 18, at 7 a.m., Tpr. E. Page was patrolling Three Notch Road, in the area of Exploration Park Drive in Lexington Park when he stopped a gray Saturn for an equipment violation.

Contact was made with the female juvenile driver, 17 of California, and a strong odor of an alcoholic beverage was emitting from her breath. The teen was arrested for DWI/DUI. A search incident to the arrest revealed she was in possession of a cellophane wrapper containing marijuana and a blue and silver metal CDS smoking device.

The girl was taken into custody and transported to the Leonardtown Barrack where she was processed and later released to her mother pending further action by Juveniles Services.
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Plow Driver Gets DWI
Yvonne Andrew is devastated after an accident where he son Allen, known to his friends as Mike, was hit by a snow plow.

"I could not believe it. I could not believe it," she said.

City of Buffalo officials explaining that the 42 year old man was struck just before five in the morning on Kensington. Corporation Counsel Alisa Lukasiewicz says there were three witnesses at the scene, and dispatch was called. She adds they caught up with the driver, Rowan Gaines, a little while later at the Barns. He faces driving while intoxicated charges. Gaines was arraigned this morning at City court, and he pleaded not guilty. He has been suspended without pay. An internal investigation is ongoing.
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Ex-Carrollton-Farmers Branch superintendent gets probation for DWI


By KATHERINE LEAL UNMUTH


Former Carrollton-Farmers Branch school superintendent Annette Griffin has pleaded guilty to driving while intoxicated and was sentenced to probation.

Griffin, 62, entered the plea Tuesday in Dallas County Criminal Court No. 3 and received 15 months of probation, chief clerk Liz Fleetwood said. She also paid a $750 fine and $453 in court fees.

Griffin was arrested Aug. 21 at a tollbooth at Dallas/Fort Worth International Airport with a blood alcohol content level more than twice the legal limit. She was apparently on her way to a school board meeting. In December, trustees accepted her resignation and paid her a $100,000 severance package.

Griffin could not be reached Friday.

"This process has taken its toll," said Griffin Collie, Griffin's attorney. "This entire process has been so public that it's caused her a lot of remorse and shame, and a lot of pain for the school district."

Meanwhile, the school district is moving forward with plans to find a new superintendent. Trustees will decide whether to hire consultants to help with the search at their meeting next Thursday at 7 p.m.

"The first thing the board needs to do is decide what our process is going to be," school board President John Tepper said.

Tepper said two search firms will be making presentations at the meeting. They are School Executive Consulting Inc., led by former Dallas ISD Superintendent Mike Moses and David Thompson, and TASB Executive Search Services, run by the Texas Association of School Boards.

Trustees also are expected to discuss candidates for the position in closed session.

"I'm looking for someone with integrity," Tepper said, "someone who will continue and improve upon our academic achievements."

Assistant Superintendent Bobby Burns is currently acting superintendent.

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CRIME:DWI arrest rates telling of enforcement, education
By Daniel Pye
E-mail Dan

The Tonawanda News

Getting arrested for driving while intoxicated isn’t a cheap proposition, and local police are working to keep their streets clear of dangerous motorists.

On top of legal fees in the range of $2,500, New York state is finding myriad ways to punish the drunken driver’s wallet.

In 2003, then-Gov. George Pataki lowered the legal level of blood alcohol content from 0.10 percent to 0.08 percent in keeping with what had been done in other states. Conviction over that limit carries a fine of at least $500, a $395 state-imposed surcharge and a minimum six-month license suspension.

But that’s just the start. Those lucky enough to get a conditional license to go to and from work have to pay the Department of Motor Vehicles $75 for the privilege. The DMV also requires offenders to enroll in a Drinking Driver Program class to get the conditional license, adding another $225 to the bill.

If the program decides an offender needs to seek treatment for alcohol abuse, medical bills can also be heaped on. Even after the driver gets his or her license back, the DMV charges a driver responsibility fee of $225 each year for three years. Not to mention the problems a DWI conviction causes in getting car insurance or applying for work.

Of course, the fiscal drawbacks are only part of the story. Property damage, injuries and deaths are often the result when drinking and driving are mixed.

But despite the penalties and risks, people still get behind the wheel after having one (or a few) too many drinks. That’s where law enforcement steps in, and officers from each of the Tonawandas have reviewed their department’s 2008 DWI numbers to lend insight to the trends in their respective areas.

North Tonawanda

Total arrests for DWI dropped 9.4 percent last year in North Tonawanda, from 168 in 2007 down to 152 in 2008. Police Chief Randy Szukala said while he can’t say for sure why there seems to be less drunken drivers on the road, he likes to think it’s a combination of education and enforcement.

“Whether it’s people realizing they could hurt somebody or just knowing they could lose so much money, I don’t know,” Szukala said. “Either way, it’s a victory.”

The drop has been precipitous over the last 10 years, due in part to tightened restrictions, Szukala said. Before fines were increased and the legal limit for blood alcohol content lowered, seeing 500 or more DWI arrests each year wasn’t uncommon.

Now that people are more aware of the price they and others could pay for the behavior, the list of names associated with DWI has become more like a cast of regulars than fresh faces, Szukala said.

“They’re still out there,” Szukala said. “You see quite a few repeat offenders, people who are blatantly disobeying the law no matter what you do. Lots of them don’t even have licenses because they’ve been suspended for previous offenses. But we’re seeing fewer new cases.”

City of Tonawanda

A trip across the canal paints a somewhat different picture. In the City of Tonawanda, police saw a 19.5 percent increase in DWI arrests over the previous year.

Lt. Fred Foels said that’s only part of the story, with nearly 50 percent of those arrests adding an accompanying drug charge, be it for marijuana, cocaine or an increasing prevalence of prescription drugs.

But the news isn’t all bad, despite the numbers. With the country investing heavily in memorable advertisements that advise against drunk driving, Foels said awareness of the risks is up. But enforcement has also gotten a bump, especially from Erie County’s Stop DWI program, which could explain the raise in arrests to a certain degree, Foels said.

“From time to time we’ll take part in a blitz, like after a Bills game,” Foels said.

Only time will tell whether the crackdown will result in a lower rate of arrests, but Foels said he’s seen signs of improvement. It’s becoming more common to see bikes parked in front of bars when summer weather rolls around, and cabs are lined up in the streets at closing time year-round. With the price a drinker would pay in time, money and reputation after a DWI, the cost of a cab is well worth the investment, Foels said.

“You can go out and have a great time, but have a DD,” Foels said.

Town of Tonawanda

While not quite as sharp as the jump in the city, Town of Tonawanda police saw their DWI numbers shoot up 16.4 percent as well.

Like Foels, Lt. Nick Bado said the county funding for DWI patrols was likely a contributor to the rise in arrests.

“That funding helps us have extra patrols specifically dedicated to DWI stops, particularly after sporting events or on major holidays,” Bado said. “Right now, in fact, we’re putting together something for the Super Bowl.”

Ordinarily, a patrolman has to answer all sorts of calls, only a fraction of which are related to drinking and driving. Through county programs, departments can pay officers overtime for extra patrols to keep a particular lookout for erratic drivers.

“Things like that definitely give us more time for dedicated enforcement,” Bado said.

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DWI arrests jump 23% in Abilene

Officer's '07 death leads to 'attitude shift'

By Daralyn Schoenewald

Drunken driving arrests in Abilene last year were up nearly 23 percent over 2007, and police officials are crediting a department-wide focus on keeping the city streets sober.

The Abilene Police Department also has taken a big "STEP" to catch drunken drivers. In 2007 and 2008, the department received a Selective Traffic Enforcement Program, or STEP, grant for use in putting more officers on the streets to catch drunken drivers, Abilene police Sgt. Doug Wrenn said.

Abilene police investigated 585 incidents of driving while intoxicated in 2008. In 2007, 477 DWI incidents were investigated. On average in 2008, approximately 49 people a month were arrested on suspicion of drunken driving.

"It is no secret that our department has worked short-handed for a considerable length of time. However, our officers are dedicated to providing a safe environment for Abilene residents," Abilene police Sgt. Keith Shackleford said in a prepared statement. "These numbers are a direct reflection of that goal. It is not our intention to fill up the jailhouse. Simply, we want people to make it home safely."

Wrenn, who heads the department's traffic division, said DWI accidents have been deadly in recent years, citing a 2006 double fatality that killed two teenagers, a 2007 accident that killed a pregnant woman, and the June 2007 death of Abilene police officer Jeff McCoy, who was killed in the line of duty after being struck by a drunken driver. It was McCoy's death, when the department became a victim of an intoxicated driver, Wrenn said, that led to a departmental shift in attitude toward drunken drivers.

"Officers are doing more with less. It's the sheer diligence on the part of patrol officers that have accounted for the dramatic increase (in DWI arrests)," Wrenn said.

"It was a sudden, tragic event that made us realize how easy it is to prevent with a traffic stop, an arrest and maybe a little luck," he said. "Our attitude really shifted."

The focus on taking impaired drivers off the city streets sometimes takes the focus away from other areas, but officers are committed to a common goal of keeping the city safe, Wrenn added, crediting officers on evening and midnight patrol shifts for catching a large number of drunken drivers last year.

They constantly go on emergency calls in between traffic stops and still manage to get intoxicated drivers off the road -- an arrest that yields them three hours worth of paperwork, Wrenn said.

Police also have begun implementing "No Refusal Weekends," in which a search warrant for a blood specimen is applied for if a driver suspected of intoxication refuses to give a breath test. "No Refusal" weekends were conducted on Labor Day and New Year's Eve, and Wrenn said the STEP grant will next be used during spring break -- typically in mid-March -- to put more officers on the streets.

"'No Refusal' is the highlight of 2008," Wrenn said. "Twelve search warrants were applied for. It's an outstanding program for us to participate in."

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Farmington officer resigns after DWI

FARMINGTON, N.M. (AP) - A Farmington police officer accused of drunken driving has resigned to take another job.

Police Chief Jim Runnels says Joshua Calder gave the department two weeks' notice Wednesday because he'd found another job.

He did not say whether the drunken driving charge played a part in his decision.
Calder was charged with aggravated drunken driving earlier this month.

The charge arose from an August motorcycle crash that injured Calder's passenger.

A San Juan County deputy says Calder reported drinking three beers before the crash. Calder's friends say he drank a beer and a half.

Authorities say Calder's blood-alcohol was 0.06. Drivers with blood-alcohol between 0.04 and 0.08 are considered to have driven drunk only with additional evidence.

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Veteran columnist sheds light on his side of DWI arrest

Carlos Guerra - Carlos Guerra 

Last week, I was charged with driving while intoxicated.

I should, first, thank the many readers who wrote to offer support. And I should also remind those who wrote scathing — and even mirthful — condemnations that, in our wonderful judicial system, one is innocent until proven guilty.

After writing columns for 17 years, however, I do need to tell my side of the story.

After rising before the sun on Thursday to read the nation's newspapers and answer e-mail, I enjoyed some orange juice as my java brewed.

Later, I confirmed dinner plans with a news source. We would meet at her Hill Country home before getting dinner, as we had done once before. That time, she insisted on picking up the tab and I agreed, but only if I could return her generosity.

We went to one of the area's great eateries and ordered salad, hardy entrees with generous sides and a bottle of wine. It was a leisurely dinner that I enjoyed almost as much as the freewheeling conversation that drifted from development issues to our children to toll roads. We skipped dessert, but had coffee and agreed to meet again soon. 

After more conversation, I hopped into my car and drove back into town without incident, feeling totally unimpaired by the two glasses of wine I consumed over a three-hour period with my very sumptuous meal. 

As I neared downtown, where I live, I took the McCullough exit off Interstate 35 when the red, blue and white lights began to twirl. I pulled off the ramp and into Starbucks, parked my car and was reaching for my wallet for my license and insurance card when the San Antonio Police Department officer started screaming repeatedly: “Put your hands out where I can see them.”

I dropped my wallet and stuck my hands out the window, rattled and fearing that the situation might escalate.

Blinded by the floodlights and disoriented by the red and blue lights twirling and flashing lights atop the patrol car, I knew I wasn't being stopped about some mechanical malfunction with my car. And my friends will tell you that I am a careful driver who uses turn signals and observes speed limits. 

“The reason I stopped you,” the officer said in a stern, almost angry sounding command voice, “is that this car has been reported stolen.”

“That is impossible,” I said. “This is my car and it has never been reported stolen.”

“And I smell intoxicants on your breath; step out of the car,” he ordered.

Startled to the point of shaking, I stepped out and was ordered to the front of the patrol car and told to follow a penlight with my eyes, despite being distracted by the flood- and flashing-light show. Never mind my ocular shortcomings. He then ordered me through a series of unusual physical maneuvers despite my protestations about impairments that I have acquired over the years. 

Asked if I had been drinking, I told him I had wine with dinner and he smirked disbelievingly and told me I was under arrest for DWI. 

Handcuffed and in the patrol car, the officer showed me the “stolen car report” on his computer. It was actually a vandalism report I filed last August after the rear-view mirrors were knocked off my car. 

The officer who took that report asked what I thought it would cost to repair it. Because my insurance has a $500 deductible, we joked, it would likely be less than that. That report was apparently misfiled as “theft, $0 to $500.”

Handcuffed and bewildered in the patrol car Thursday, I was still able to call an attorney friend from my cell phone. She advised me to take no more tests and said she would refer me to attorney Andrew Del Cueto, who, with Nicholas LaHood, is representing me. 

I have faith in our judicial system, and I look forward to my day in court and my ultimate exoneration.

Woman pleads guilty in deadly DWI crash

Constantia (WSYR-TV) – A Constantia woman will likely spend the next four to 12 years in prison, after admitting she drove drunk, and hit and killed a motorcyclist.

Cathy Scott, 50, of Route 49, was crying as she pleaded guilty to driving while intoxicated and first-degree vehicular manslaughter. She admitted to being under the influence while driving her truck on the night of September 29th, when she struck the back of a motorcycle driven by Joseph Valley, 50, of Syracuse.

Scott was arrested around a mile from the scene and tried to pull into a neighbors driveway. Reports indicate Scott’s blood alcohol content was 0.19.

The judge said Scott would be sentenced to no worse than four to 12 years in state prison.


Copyright 2009 Newport Television LLC All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Veteran columnist sheds light on his side of DWI arrest

Carlos Guerra - Carlos Guerra

Last week, I was charged with driving while intoxicated.

I should, first, thank the many readers who wrote to offer support. And I should also remind those who wrote scathing — and even mirthful — condemnations that, in our wonderful judicial system, one is innocent until proven guilty.

After writing columns for 17 years, however, I do need to tell my side of the story.

After rising before the sun on Thursday to read the nation's newspapers and answer e-mail, I enjoyed some orange juice as my java brewed.

Later, I confirmed dinner plans with a news source. We would meet at her Hill Country home before getting dinner, as we had done once before. That time, she insisted on picking up the tab and I agreed, but only if I could return her generosity.

We went to one of the area's great eateries and ordered salad, hardy entrees with generous sides and a bottle of wine. It was a leisurely dinner that I enjoyed almost as much as the freewheeling conversation that drifted from development issues to our children to toll roads. We skipped dessert, but had coffee and agreed to meet again soon.

After more conversation, I hopped into my car and drove back into town without incident, feeling totally unimpaired by the two glasses of wine I consumed over a three-hour period with my very sumptuous meal.

As I neared downtown, where I live, I took the McCullough exit off Interstate 35 when the red, blue and white lights began to twirl. I pulled off the ramp and into Starbucks, parked my car and was reaching for my wallet for my license and insurance card when the San Antonio Police Department officer started screaming repeatedly: “Put your hands out where I can see them.”

I dropped my wallet and stuck my hands out the window, rattled and fearing that the situation might escalate.

Blinded by the floodlights and disoriented by the red and blue lights twirling and flashing lights atop the patrol car, I knew I wasn't being stopped about some mechanical malfunction with my car. And my friends will tell you that I am a careful driver who uses turn signals and observes speed limits.

“The reason I stopped you,” the officer said in a stern, almost angry sounding command voice, “is that this car has been reported stolen.”

“That is impossible,” I said. “This is my car and it has never been reported stolen.”

“And I smell intoxicants on your breath; step out of the car,” he ordered.

Startled to the point of shaking, I stepped out and was ordered to the front of the patrol car and told to follow a penlight with my eyes, despite being distracted by the flood- and flashing-light show. Never mind my ocular shortcomings. He then ordered me through a series of unusual physical maneuvers despite my protestations about impairments that I have acquired over the years.

Asked if I had been drinking, I told him I had wine with dinner and he smirked disbelievingly and told me I was under arrest for DWI.

Handcuffed and in the patrol car, the officer showed me the “stolen car report” on his computer. It was actually a vandalism report I filed last August after the rear-view mirrors were knocked off my car.

The officer who took that report asked what I thought it would cost to repair it. Because my insurance has a $500 deductible, we joked, it would likely be less than that. That report was apparently misfiled as “theft, $0 to $500.”

Handcuffed and bewildered in the patrol car Thursday, I was still able to call an attorney friend from my cell phone. She advised me to take no more tests and said she would refer me to attorney Andrew Del Cueto, who, with Nicholas LaHood, is representing me.

I have faith in our judicial system, and I look forward to my day in court and my ultimate exoneration.

View source>>>

Firefighter busted for DWI

An Albuquerque firefighter caught buying alcohol in uniform and on duty has been arrested for DWI.

Police said Lawrence Baca was weaving through traffic in his Corvette on Coors near Quail early Thursday morning. When he was pulled over, he failed a blood-alcohol breath test. He was off-duty at the time.

In October, Eyewitness News 4 reported that Baca, who drives a fire engine for AFD, pulled into a Walgreen's on east Central while on duty and bought gin and vodka. He was suspended 30 days.

The 11-year vet was fired a few years ago for padding his time sheets, but got his job back after a hearing with the city.

Baca is now on unpaid suspension for the DWI arrest.

AFD officials said they were unaware Baca was driving on a suspended license. The deputy chief says the information fell through the cracks.

AFD would not say if Baca would lose his job after the latest incident.

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