Category : drunk driving
Seriousness of College/High School Hazing Crimes
According to a survey conducted by Alfred University, approximately 80% of all college athletes have been hazed survey. Most hazing on high school, college and pro levels is not reported. However, since 1980, the media has brought to the public’s attention through police reports or the courts more hazing among athletes being abused. Several athletes have suffered serious injuries and death.
Northern Illinois University Fraternity Members Face hazing Charges After Student Dies
A more recent incident involving hazing occurred last year when members of a Northern Illinois University fraternity turned themselves in after the death of a freshman, David Bogenberger, 19. According to the coroner, Bogenberger was found dead on November 2, 2012, as a result of cardiac arrhythmia, with alcohol intoxication and a blood –alcohol content five times that of the legal driving limit, after a night of drinking. The night before Bogenberger’s death, he had participated in a non-sanctioned event called “parents’ night,” which involved fraternity pledges moving from room to room, answering questions from other fraternity members and being provided with alcohol. A spokesperson for the University said the fraternity and 31 members have been accused of violating the school code of conduct and zero tolerance for hazing. The fraternity could be asked to forfeit its standing as a student organization and the students could face expulsion and other penalties.
Illinois Hazing Laws
Under Illinois law, hazing is illegal. According to Lt. Jason Leverton of the Dekalb, Illinois police department, 22 arrest warrants were issued for members of the Pi Kappa Alpha fraternity. Five of the fraternity members were charged with felony hazing and 17 more face misdemeanor charges. The 17 students facing misdemeanor charges could spend up to one year in jail and receive $10,000 in fines if convicted. The other 5 members charged with felony hazing could spend from one to three years in jail and face $25,000 fines if convicted. There are 44 other states that have laws banning hazing. The hazing death of Florida A & M drum major Robert Champion in 2011 has also brought the seriousness of college and sports hazing to the forefront.
Participating in a hazing event can have serious consequences, especially if someone dies as a result of the hazing. Persons who have been charged with felony or misdemeanor hazing require the assistance of a good Illinois criminal defense attorney to help them fight the charges. While hazing is sometimes hard to prove and juries have a hard time understanding it, such charges should be taken seriously, as they can ruin a student athlete’s life jeopardizing scholarship and other funding and their chance to play college or professional sports.
United States Supreme Court Hears Arguments Regarding BAC Warrantless Search in Missouri v. McNeely
The United States Supreme Court heard oral arguments on January 9, 2013 in the Missouri v. McNeelycase. The issue surrounding the case is whether a law enforcement officer can obtain a blood sample from a suspected drunk driver without the person’s permission or a warrant under exigent circumstances. Steven R. Shapiro, New York, N. Y. of The American Civil Liberties Union, argued on behalf the Respondent McNeely. John N. Koester, Jr., Assistant Prosecuting Attorney, Jackson, Mo., argued for the Petitioner and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. argued for the United States, as amicus curiae (someone who is not a party to the case, but has an interest in influencing the outcome of the case).
In October 2010, Respondent, Tyler McNeely was stopped by Corporal Mark Winder of the Missouri State Highway Patrol after he observed McNeely driving 56 miles per hour in a 45 mile per hour zone and crossing the centerline. Winder said he smelled alcohol on McNeely’s breath and conducted standard field sobriety tests. Winder testified later than NcNeely did poorly on the tests and that he also refused to take a breathalyzer test. He was arrested and later charged with driving while intoxicated in violation of MO. Rev. Stat. Section 577.010 J.A. 33.
Neely was taken by law enforcement to St. Francis Medical Center in Cape Girardeau, where a blood sample was forcibly taken from him, without his consent and without a warrant. The Missouri Supreme Court ruled that these actions were a violation of Mr. McNeely’s 4th amendment constitutional rights, which amendment protects individuals from warrantless searches, except in special circumstances when a delay in testing could either threaten a life or destroy potential evidence. Other courts have also ruled that because alcohol is known to dissipate in the blood stream, blood tests can be taken prior to obtaining a warrant.
The ACLU argues that the arresting officer made no effort to obtain a warrant because he didn’t think he needed one and not because he was afraid the alcohol would dissipate in Mr. Neely’s system. The Supreme Court’s ruling is expected to settle the issue of whether warrants are necessary for DUI blood tests.
Hiring a Missouri Criminal Defense DUI Attorney
If you have been arrested for a DWI or DUID in Missouri, you should hire a Missouri DWI/DUI criminal defense attorney immediately to defend you. A conviction means that you could face a license suspension or revocation, jail time and/or penalties depending on the number of convictions you have and the circumstances surrounding the case.
At Imhoff & Associates-Criminal Attorneys, we understand the seriousness a DWI/DUI or related conviction can have on your life. We have years of experience successfully defending clients facing DWI/DUI charges. Your Imhoff attorney will review the police report, any field sobriety tests, breathalyzer test and/or BAC test to make sure that your constitutional rights were not violated and if appropriate will negotiate with the prosecutor to get your charges reduced to a lesser offense, get you alternative sentencing or get the charges dropped.
Lisa Steed, a former Utah Highway Patrol Officer, who was named Utah Highway Patrol’s “Trooper of the Year” in 2007 for making more than 200 DUI arrests, was fired by the department in November for alleged misconduct charges related to her duties. Steed admitted in Court in May of 2012, that during administering a BAC test on Theron Alexander in March 2010, she removed her microphone to perform an unauthorized act.
A class-action lawsuit was filed against Steed and her superiors on December 14, 2012, in District Court in Salt Lake City. The amount of monetary damages is yet to be determined. The lawsuit alleges that Steed filed false DUI charges against numerous people who had passed sobriety tests during her career with the police force. According to Studebaker, more than 40 people have contacted him claiming Steed wrongfully arrested them for DUI or drug charges.
According to the lead attorney in the lawsuit, a dashcam video from 2011 shows Steed pulling over an unidentified woman, who has now joined the lawsuit, for a suspected DUI and arresting her after performing a series of sobriety tests. The attorney claims that even though the woman passed all the tests, she was still arrested for DUI. The charges against the woman were later dropped because her blood test revealed that that there was no alcohol in her system.
Another dashcam video in 2009 showed Steed stun-gunning a motorist, who was determined to be sober later. The state settled the case against Steed in November 2011 for $40,000, without admitting any wrongdoing by Steed or the department.
Steed is currently under investigation by the FBI.
Hiring a Utah DUI Criminal Defense Attorney
If you are arrested for a DUI in Utah, you should hire a Utah DUI criminal defense attorney to help you fight your charges and conviction. At Imhoff & Associates-Criminal Attorneys, we successfully represent clients facing DUI charges in any of the following courts: Salt Lake City, Ogden, Logal, Brigham City, Provo, Orem, Sandy, Roy, Bountiful, Taylorsville, Bennion and all surrounding courts. We understand the seriousness of the charges and how a conviction can impact your life. Your Imhoff criminal defense DUI attorney will review your police report and field sobriety tests to make sure there were no errors or mistakes or your constitutional rights were not violated. We will mount a vigorous defense on your behalf.
Dallas Cowboys defensive lineman Joshua Price-Brent, 24, was arrested by Irving, Texas police and charged with intoxication manslaughter after an accident that occurred in the early morning hours on Saturday, December 8, 2012. Per authorities, Price-Brent was allegedly speeding when his vehicle hit a curb and flipped over before resting on the middle of the service road, killing his passenger and teammate Jerry Brown, Jr. a linebacker on the team’s practice squad. According to FOXSportsSouthwest.com, the two had joined a dozen teammates Friday night at a Dallas club “Privae” where comedian Shawn Wayans was appearing.
When police arrived on the scene, Price-Brent was pulling Brown, 25, from his 2007 Mercedes, which had caught on fire. Brown was unresponsive, transported to a local hospital and pronounced dead. Police suspected that alcohol may have been involved and asked Price-Brent to perform field sobriety tests. Based upon police observation and the results of the field sobriety tests, police arrested Price-Brent. He was taken to the hospital for a mandatory blood draw and also treated for minor scrapes. The results from the blood test will take several weeks. As a result of Brown’s death, Price-Brent was subsequently charged with intoxication manslaughter. He was released Sunday on a $500,000 bond. The investigation in currently ongoing. If convicted, Price-Brent faces two to 20 years in prison and a fine of $10,000.
Brent released a statement on Saturday through his agent, Peter Schaeffer, expressing his grief for the loss of his close friend and teammate Jerry Brown and his family and friends stating “I will live with this horrific and tragic loss every day for the rest of my life. My prayers are with his family, our teammates and his friends at this time.” Brent’s attorney, suggested that ongoing construction in the area of the crash may have played a role in the accident. Cowboy’s owner Jerry Jones also expressed his prayers and sympathies to Jerry Brown’s family and friends.
Price-Brent was also arrested in February 2009 near an Illinois campus for driving under the influence, driving on a suspended license and speeding, for which he pleaded guilty in June 2009, and received 60 days in jail, two years probation, 200 hours of community service and a $2,000 fine. Under a plea bargain, one count of aggravated DUI/no valid driver’s license charges were dropped. Accordingly to court records, Price-Brent completed his probation in July 2011.
Texas Penal Code Section 49.08
Under Texas Penal Code Section 49.08, intoxication manslaughter is considered a felony of the second degree and deals with “recklessly causing the death of another while intoxicated” by accident or mistake. An intoxication felony conviction in Texas carries a two to 20 year prison sentence and a $10,000 fine.
Texas Criminal Defense Attorney
If you have been arrested and charged with intoxication manslaughter in Texas or are facing DWI (driving while intoxicated) charges, you should contact a Texas criminal defense attorney immediately to represent you. Imhoff & Associates –Criminal Attorneys specialize in defending clients charged with intoxication manslaughter and DWI/drug offenses. Your Imhoff intoxication manslaughter/DWI attorney will vigorously represent you by reviewing all police and accident reports and BAC and field sobriety tests raising strong defenses that there were mistakes such as improper calibrations in the breathalyzer machine, contaminated blood or urine samples or your Miranda or other constitutional rights were violated to get your charges reduced to a lesser crime or get your case closed based on individual case circumstances.
George Boedecker, wealthy mogul and co-founder of Crocs footwear, pleaded not guilty on September 24, 2012, to a DUI arrest, which occurred on August 12, 2012 in Boulder, Colorado. According to police, Bodecker was found asleep behind the wheel of his Porche. When Colorado Police arrived on the scene, they found Boedecker being treated by EMT’s, who diagnosed Boedecker as drunk. Police claim that Boedecker was heavily intoxicated and made strange remarks that he was napping, that his famous girlfriend and singer Taylor Swift was driving and that she had gone back to Nashville after an argument. At the time of Boedecker’s arrest, Swift was 2,000 miles away with her boyfriend, Conor Kennedy, son of Robert F. Kennedy, Jr. There is no evidence that Swift has ever been romantically involved with the 51 year old Boedecker. As an added twist, Boedecker was reported to have been wearing flip flops at the time of his arrest. The wealthy Crocs owner is due back in court next month.
Colorado DUI/DWAI Laws
Under Colorado Statutes C.R.S.A 42-2-125 through 42-2-208, a person is prohibited from driving under the influence of alcohol or drugs. You can be charged with a DUI or DWAI. With a BAC level between .05 and .08, your driving is considered “alcohol impaired.” With a BAC of .08 or higher blood, you are considered to be “driving under the influence of alcohol.” Penalties under C.R.S.A. 42.4-1307 include the following:
• Suspension of your driver’s license from 9 months to 24 months
• Drivers under the age of 21 with a BAC between 0.02 and 0.05- minimum 3 months to 1 year driver’s license
• Convictions for more than three DUI’s in 7 years results in a mandatory 5 year driver’s license revocation
• Jail time ranging from 2 days to 1 year or more depending on the number of convictions and circumstances surrounding the arrest
• Fines ranging from $200 to $1,500 or more
• Attendance in a state-approved alcohol treatment program or drug diversion program
• Payment of restitution to victims
• Community service Prosecutors can convict you based upon the arresting officer’s testimony or upon the results of a breath and/or blood alcohol test.
Refusal to take a BAC, will result in the immediate suspension of your driver’s license. Enhanced sentences and penalties may be given for a felony vehicular assault or vehicular manslaughter crime if you seriously injure or kill someone while driving under the influence of drugs or alcohol.
Hiring a Colorado DUI Criminal Defense Attorney
Facing a Colorado DUI or DWAI is a serious and stressful matter for most people. In order to make sure you receive a fair and justice defense, it is recommended that you hire a Colorado DUI criminal defense attorney to defend you. At Imhoff & Associates-Criminal Attorneys, we understand the importance of vigorously fighting DUI/DWAI charges and have established a reputation in the community for obtaining favorable outcomes for our clients. Your Imhoff DUI criminal defense attorney will conduct a thorough investigation of all evidence against you, raising such defenses as your Miranda rights were violated, the arresting officer failed to advise you of the consequences of refusing a BAC test, there is insufficient evidence against you, lack of justifiable reason for stopping you, or at the time you were pulled over, your BAC was within the legal limit, in order to get your charges reduced to a lesser crime or get the charges dropped.
Although data shows that violent crimes are declining in America, this is really nothing new–the real story is that the rate of decline has slowed. In many regions, the numbers of violent events are lower, but by a smaller margin than previous years — and the ultimate violent crime is skyrocketing in some locales. Get the real facts below.
If you know you are a suspect or have been charged with a violent criminal offense, you do need a criminal defense lawyer as soon as possible. Learn about Imhoff & Associates here and more about related DUI/DWI information.
Florida DUI laws are extremely tough. Under 316.193, F.S., you are considered driving under the influence if your BAC is .08 or above. If you are arrested for DUI in Florida, your license will automatically be revoked, and you may receive jail time, fines, penalties and/or community service depending on your BAC level, the circumstances of the DUI and whether you have had any other recent DUI convictions. Persons who refuse to take a BAL test will have their license suspended whether or not they are innocent of these charges. Further extenuating circumstances such causing serious injuries to someone else, vehicular manslaughter or leaving the scene of a crime related to a DUI are considered a felony, and could carry up to a 30 year prison sentence. (316.193, F.S. 322.271, F.S. and s. 322.28,F.S. 316.656, F.S., s. 322.2615 F.S.)
John Goodman DUI Case
Recently, John Goodman, founder of the Palm Beach International Polo Club, and the heir to a multimillion dollar air conditioning fortune, was found guilty of vehicular manslaughter and vehicular homicide in connection with the traffic death of 23 year old Scott Wilson, a Florida college graduate which occurred in February 2010, after Goodman, who had been drinking, hit Wilson’s car with his Bentley, and caused Wilson’s car to flip into a canal. Goodman left the scene of the accident on foot and waited approximately one hour later before reporting it to 911. By the time rescuers arrived at the scene, Wilson had drowned and was found trapped behind the wheel of his car. Goodman’s blood alcohol level three hours after the accident was more than twice the legal limit. Goodman also received attention when he recently adopted his 42 year old girlfriend. Goodman’s attorneys say the adoption was to protect a $300 million trust fund for Goodman’s two biological children, who are now suing him because they are opposed to the adoption of his girlfriend as their new sister.
Goodman’s attorneys plan to appeal the case citing multiple errors committed before and during the trail, which he claims played a role in denying his client a fair trial. Sentencing is scheduled for April 30, 2012. Goodman could face as much as 30 years in jail.
Florida DUI Criminal Attorney
Florida DUI laws are complex. If you have been arrested for a Florida DUI, you should contact a FL criminal lawyer to defend you. The attorney understands the Florida DUI laws and can get your charges reduced to a lesser charge, probation, community service, get your enrolled in a drug or alcohol treatment program, help you obtain a hardship reinstatement license if you qualify or get your case dismissed.
While celebrity arrests for DUI or DWI offenses get more public attention, average citizens make up the majority of persons who are arrested for DUI/DWI offenses in California. Anyone who has been arrested for a DUI in California should take these charges seriously because California has some of the strictest DUI/DWI laws in the country. Depending on the circumstances of your arrest, you may be charged with a misdemeanor DUI under California Vehicle Code Section 23152 or with a felony charge under California Vehicle Code Section 23153, if you cause an accident while driving under the influence of alcohol or drugs resulting in the death or serious injury of another person. Having the proper legal representation is crucial to the outcome of your case.
A conviction could mean jail time from 96 hour to three years, fines up to $1,600 and payment of restitution to victims. For a first offense DUI conviction with a BAC over .08%, your driver’s license can be suspended for up to one year. Prior convictions are taken into account and may result in a longer suspension period, maximum sentence and/or fine. For instance, for a second DUI conviction in California, your license could be suspended for one year or two years if you refuse to take a chemical test. Persons under the age of 21 with a BAC of .01% or more will have their driver’s license automatically suspended for one year. You may be required to install an Ignition Interlock Device (IDD). Your insurance rates may increase. Three or more DUI/DWI convictions within the last 10 years with a BAC of .08% or more is considered a felony crime in California.
Celebrity Cases – DUI Arrests
Recently ex-adult film star Jenna Jameson was charged in Westminster, California for suspicion of DUI on May 25, 2012 after hitting a pole with her car. The police reported that Jameson suffered minor injuries and refused medical treatment at the scene. After a sobriety test showed some signs of intoxication, Jameson was arrested, charged with three misdemeanor counts, including driving under the influence of alcohol or drugs, driving with a blood-alcohol level over the state legal limit and driving on a suspended license and then released. If convicted, Jameson faces up to one year in jail and suspension of her driver’s license. Jameson gained mainstream notoriety in 2004 after publishing an autobiography. She is the on again and off again girlfriend and mother of twin sons of mixed martial arts star Tito Ortiz.
Sports figure Oakland Raiders WR Darrius Heyward-Bey was also officially charged with drunk driving relating to his DUI arrest on April 7th on the San Francisco Bay Bridge after being stopped by police for speeding and weaving while driving in his 2012 Range Rover. Heyward-Bey failed to pass a sobriety test administered by officers. He is due to appear in court on May 31st. If convicted, he could face up to 6 months in jail. Heyward-Bey was the seventh overall pick in the 2009 draft.
Hiring a DUI/DWI Lawyer
If you are arrested for a DUI in California, you should refrain from making any statements to the police until you consult with a California DUI attorney. Hiring a California DUI attorney is recommended to ensure that you receive proper representation and that your interests are properly protected. The attorney will discuss all expected outcomes of your case so you can make the best decisions to make sure you receive a more favorable result.
Imhoff & Associates –Criminal Attorneys specialize in defending clients charged with DUI and DWI offenses. Your Imhoff DUI lawyer will review the police report, sobriety and BAC test results, any accident report, interview witnesses, and investigate all evidence to build a strong defense on your behalf should your case go to trial. The attorney will investigate whether the police violated your Miranda Rights or your constitutional rights in connection with any search and seizure, negotiate with the prosecutor to get your charges reduced to a lesser crime such as speeding, get you community service, enrollment in an alcohol or drug treatment program, get you probation or have your case dismissed.
Knowshon Moreno, the Denver Bronco’s running back, was arrested on February 1, 2012, and charged with DUI, failing to have insurance and careless driving when he was pulled over by Denver police. According to a report by Denver television station KDVR-31, Moreno was driving a Bentley with personalized license plates “SAUCED” at approximately 70 miles an hour on Interstate 25 near Quincy Avenue and Union Avenue in a 65 mph area, which currently is a construction zone and has a posted speed limit of 45 mph. Moreno failed breath and field sobriety tests and was taken to a detox facility. He is scheduled to be arraigned on March 2, 2012.
Moreno was the 12th NFL draft pick in 2009 and has been experiencing a disappointing season before taking off a year for a torn ACL injury sustained during the November 13th game in Kansas City. He lost his tailback job earlier in the season to Willis McGahee. The Broncos made a statement acknowledging Moreno’s arrest and stating that the organization is taking the arrest seriously and monitoring it closely while the matter is under investigation.
Colorado DUI/DWAI Laws
Under Colorado DUI Statute C.R.S.A 42-4-1301, when a person is arrested in Colorado for DUI or DWAI, it is considered a misdemeanor offense, with a maximum one year jail sentence, unless the case involves a vehicular manslaughter or assault charge and/or other circumstances surrounding the arrest. You can also face a maximum fine of $1,000. In addition, you may have to pay restitution to any victims that were injured by you. If you are convicted of related charges, then more time could be added to your sentence. Factors taken into consideration by the judge include:
• How many other DUI arrests you have had
• Your BAC level
• Whether you were driving in a reckless manner
• Your attitude towards the arresting officer
• Whether there was an accident and injuries to other persons
• Whether you are remorseful
When considering how to charge you, the district attorney does not need to present any blood alcohol evidence. You could be convicted upon the arresting officer’s testimony that the officer either observed you driving in a manner that suggested you were driving under the influence such as swerving and/or that the officer smelled alcohol on your breath. Or you could be convicted based upon a breath and/or blood alcohol test showing your BAC was over the legal limit of 0.08. If convicted, you can also face the suspension of your driver’s license by the Colorado Department of Motor vehicles.
Hiring a DUI Attorney
Facing DUI/DWAI charges in Colorado is a serious matter requiring the representation of a Colorado DUI/DWAI attorney. It is recommended that you contact a Colorado DUI attorney immediately upon your arrest to defend you. Imhoff & Associates – Criminal Attorneys specialize in defending clients charged with DUI and DWAI offenses. Your attorney can raise such defenses as your fourth amendment unreasonable search and seizure rights were violated, the blood alcohol test or breath test machine was not working properly, the person who gave the test did not follow proper procedures or made an error or your blood alcohol sample was not handled properly or misplaced. Your attorney may be able to get your charges reduced to a lesser crime, get you community service, probation, attendance in an alcohol treatment program or get your case dismissed.
In California, you could be charged with a misdemeanor DUI under Vehicle Code Section 23152 or a DUI felony under Vehicle Code Section 23153 if you are driving under the influence and cause an accident and injure another person. For more serious crimes involving the death of another person while driving a vehicle under the influence, you should be charged with vehicular manslaughter under Vehicle Code Sections 191.5 and 192. California has very complex DUI penalties and takes DUI crimes quite seriously. Penalties are enhanced for prior driving convictions, when a minor child under 14 years of age is in the car at the time of the violation, when speeding occurs, when your BAC is over .08% or you refuse to take the chemical test.
For a first offense DUI with a BAC over .08%, your driver’s license may be suspended for four months at the time of your arrest or up to one year if you refuse to take a chemical test. If you are under 21 years of age with a BAC of .01% or more, your license will be suspended automatically for one year. For a second offense DUI conviction, you could receive a one year suspension of your license and a two year suspension if you receive to take a chemical test. You could face jail sentences from 96 hours to three years and fines up to $1,600, and also be required to complete a driving under the influence program, and have to pay for the installation of an Ignition Interlock Device (IID) in your vehicle, as well as being required to obtain SR22 (California Proof of Insurance Certificate) car insurance. A conviction of three or more DUI’s within 10 years and a BAC of .08% or more is considered a felony crime.
Actress Lindsay Lohan’s ex-lover, Samantha Ronson, was arrested for a DUI on Monday August 1, 2011, around 10:30 a.m. in Baker, California. Police officers stopped her for speeding because she was driving 19 miles over the posted speed limit of 70 miles per hour. Police suspected after she was pulled over that she was under the influence. She was given a balance test which revealed indications of intoxication. Police arrested Ronson after she refused a breathalyzer test. It has been reported that at the police station she tested over the legal limit. Ronson did admit she had been drinking alcohol earlier, and claimed that she had been drinking late the previous evening and that she was on her way home from Las Vegas. She was released on Monday. Lohan has also been in the news the past couple year’s over her drug, alcohol and shoplifting cases.
If you are arrested in California for DUI, you should hire a California criminal defense attorney immediately. The attorney can investigate the police report to make sure the police had cause to stop you, and determine whether they have sufficient evidence to charge you. The attorney can argue that the search and seizure was illegal and try and get the case dismissed. Also, if the police failed to properly give you your Miranda rights, the attorney may be able to argue that your constitutional rights were violated and get the charges dropped. Another defense that the attorney may assert is that you were speeding. A skilled California criminal defense attorney may be able to get you probation or get you into a drug and alcohol counseling and treatment program in lieu of jail time.
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