Tennessee DUI News: Former sheriff arrested
Here we go again. Add Tennessee to the list of states where an active or former police officer has been arrested for DUI.
Former Grainger County Sheriff facing DUI charges: "GRAINGER COUNTY, Tenn. (WVLT) -- A former Grainger County Sheriff is facing charges, after failing a field sobriety test Monday afternoon, according to the Tennessee Highway Patrol.
A THP trooper says he pulled 55-year-old Richard McElhaney over on Highway 11W just west of Rutledge in the Joppa Community.
Investigators say the stop was made after a trooper noticed the pickup truck weaving on the highway.
McElhaney is charged with first offense DUI and violation of the implied consent law."
For more about what he faces, see Tennessee DUI law.
It always amazes us here how many law enforcement officers get themselves into the DUI dilemma. An think about the ones that you never hear about because they are given "professional curtsey," and driven home?
NFL says ok to kill while DUI but no smoking pot
In Miami DUI cases, all is fair in love and war. At least that's what we would like to think. Some might throw out a little pixie dust and argue that the sentence given to Dante Stallworth (30 days in jail) was fair. They might take another hit on a Disney inspired crack pipe and even argue that justice was done.
Ok, so it appears, at least to the naked eye of the casual observer, that big NFL players get to kill non-NFL players with relative impunity, that a crime to could land most people in prison for years gets a pro athlete a one month free pass to the Miami jail.
Well, thanks to Florida DUI attorney John Musca's blog post, it has not escaped my attention that justice, after all, will be served. He writes:
DUI News, Updates & Opinions : DUIAttorney.com: "The Miami Herald released on Tuesday, June 30, that Stallworth also tested positive for marijuana. Defense attorneys argued that marijuana can remain in the system weeks after use and illegal drugs were not necessarily factored in the fatal crash. This new information may not impact Stallworth's criminal case, but it could affect his deal with the NFL. The NFL has a strict no illegal drugs policy and has suspended Stallworth indefinitely."
(Via DUI News.)
Ahh, the smoking gun. The jock had marijuana in his system. Ok, so the Florida criminal justice system doesn't give a you-know-what. You can mix pot and alcohol and kill a non-jock. That's sort of okay in Florida. No biggie because the pot might not have been active. It might not have impaired his ability to drive (above that which being 1.5 times the legal limit already had). In fact, one could just as coherently make the argument that the pot enhanced his ability to drive.
But justice can be a persistent little bitch. Just ask O.J. But this time it may be the NFL who comes down on Dante Stallworth. In fact, they suspended him indefinitely.
Thanks for the message NFL. If I'm reading you right, you are saying:
a) Killing is okay; but
b) If you smoke pot, well that's just not the kind of example we want around.
So kids, here's the thing. Chose your idols wisely because it may turn out that our supercool drunken killer actually likes to smoke pot.
Learn more about the sometimes very lenient Florida DUI laws.
Virginia DUI Opinion - June 30 - 2009
Here's a typical example of a Virginia DUI case that made it all the way to the court of appeals in VA, which issued an opinion shooting down the defendant's arguments.
Virginia DUI Physical Control Case - June 30 - 2009 : DUIAttorney.com: "It is the classic story of DUI defendant fights system, comes up with some arguments that could be disguised as potentially fruitful, and then gets shot down by the court of appeals.
The underdog in the story, Ngomondjami, was not conscious. The vehicle was not running."
(Via DUI News.)
This is one of those cases where it seems like the facts should be on the defendant's side, since he wasn't driving, and in fact wasn't even awake. But they weren't because the law is stacked against anybody who is under the influence and has any kind of present ability to drive.
Here, all the defendant would have to have done would have been to wake up.
Colorado DUI enforcement to increase
Expect an increase in DUI enforcement in Colorado over the 4th of July weekend. The Colorado State Patrol plans stepped up enforcement. This is mainly because the risks of death and serious injuries due to drunk driving in Colorado increases over holiday weekends such as this.
The concentrated patrols this weekend are part of a larger Colorado DUI campaign dubbed "100 days of heat."
The increased enforcement will continue through Labor Day, the high season for DUI in CO and in most parts of the country.
DUI Convicts May Be Tracked Like Sex Offenders
Get ready for DUI offender registration, the next wave in MADD's push against people who get drunk driving charges and convictions.
There are certain law enforcement agencies that are pushing for the ability to compile databases which anybody can search online, similar to those that allow searches for registered sex offenders.
Already, many areas are publishing DUI arrests and convictions. This would prove to be the next logical step in making the otherwise lab-abiding citizen who happened to drink, drive and get caught, into a public enemy.
Famous DUIs: Why we should ignore them
Ok, this post is going to sound hypocritical. If you can't stand a dose of measured hypocrisy, please stop reading now.
I was just writing about the most recent Seattle Seahawk DUI, when it occurred to me why I write about them. Actually there are two reasons.
1) Frankly, some days it gets a bit boring analyzing cases and extrapolating the law and boiling it down to layman's terms; and
2) Famous DUI cases are easier to talk about because they are public examples. You can't just start blogging about Joe Schmoe's DUI if Joe ain't a public figure... it just feels wrong.
Despite the fact that they are important teaching tools, famous peoples' DUI arrests should be ignored (at least ignore who is involved).
Not so easy when people like Mel Gibson reveal their true colors. Not so easy when a stand-up guy like Charles Barkley sets a good example for everybody of how to deal with a DUI, and get through and beyond it. Not easy because otherwise, what would people who blog about DUI talk about?
Ok, I suppose we can't separate the person from the event, but think of them like they are in character. After all, you probably don't really know them anyways. And most importantly, don't judge them.
Omaha DUI Golf Cart Case
Omaha (but could be anywhere). A woman rides in a golf cart. The driver of the cart is drunk by any definition. Not something that is too unusual on the golf course, right?
Then something goes terribly wrong. The cart tips. The passenger is killed. Suddenly a nice day on an Omaha course turns into a vehicular homicide prosecution.
Death Raises Questions About Alcohol On Golf Courses - Omaha News Story - KETV Omaha: “Mcillece's blood-alcohol level was measured at more than twice the legal limit. She has been charged with DUI and motor vehicle homicide. Mcillece has a bond hearing scheduled for Thursday.City Prosecutor Marty Conboy said a golf cart, as a motorized vehicle, stands within the definition of the law.”
For golfers in Omaha and really everywhere, this is a wake-up call. Your day at the golf course can turn into more than a decade in prison.
Under Omaha DUI Law, there is no exception for private property.
Methadone DUI
Can you believe it! The Arizona legislature is trying to make driving with more than your prescribed dose of Methadone a DUI. The Arizona DUI laws governing driving under the influence already technically cover this, but one supposes when there isn't work or publicity, one has to create it, right? Here's a local story excerpt about it.
New Bill Addresses Methadone DUI - Phoenix News Story - KPHO Phoenix: "Though the bill which passed banned using methadone while driving, senators said they will probably add an amendment before it goes to the Senate floor.
The amendment would let people drive under the influence of the drug if it's used as prescribed; if a driver has more than his or her prescribed amount in his or her system, he or she can receive a DUI citation."
Personally, I suppose if I had to pick whether the driver next to my vehicle has Meth or Methadone in his system, I'd go for the Methadone.
I'm curious to hear from people who are either on Methodone or have been. Do you drive? Any accidents? What are your thoughts on this proposed Arizona DUI law?
According to Florida DUI Attorney John Musca, other states like Florida look to states like Arizona when it comes time to legislate newer and tougher DUI laws.
According to Oregon DUI Lawyer Bart Herron, it wouldn't be surprising to see Oregon take up similar legislation in the future as well.
One thing is clear, Arizona can grease the slippery slope of DUI law trends nationally, so if there are states or people who have an interest in being allowed to drive with Methadone in their systems, now is the time to speak up.
Florida DUI Manslaughter sentence comparison
Here's a good comparison of Florida DUI sentences. Remember that Stallworth just got a measly 30 days for taking a life. The young man in the article quoted below got a year, AND he was treated as a youthful offender.
Laurel Hill man gets a year for DUI manslaughter | judkins, year, laurel - News - Northwest Florida Daily News: "A man convicted of DUI manslaughter was sentenced to a year in the county jail, prosecutors said Friday.
James Matthew Judkins, 21, of Laurel Hill, was treated as a youthful offender, assistant state attorney Greg Anchors said.
Judkins was 20 when he crashed into a utility pole in June 2008. He was driving north on State Road 85 when he veered onto the shoulder, hit the pole and came to rest in a driveway."
"Location and representation can make a big difference, said John Musca, a Florida DUI and criminal defense lawyer.
This much is clear. In Florida DUI cases, money, power and fame mean something.
California DUI thoughts of the day
Today I suppose I was on a roll blogging about California DUI issues. It just seems to me that such a large and complex state is due for some major changes. Any time that happens, it is typically not good for DUI defendants. I think people will rationalize that liberalism got California into the mess it is now in, and the backlash will come in the form of certain scapegoats. I think DUI will be one of them. For my other musings on the issue see:
California DUI Things To Ponder; and
Both posts are kind of random, but perhaps...
