Archives : Arrested for DUI
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.
The Sequester May Affect Your Right to Legal Representation
This year marks the 50th anniversary of two historic 1960’s Supreme Court cases which guaranteed certain constitutional rights to individuals arrested for a crime. As of the result of the Supreme Court decisions in the Miranda v. Arizona (1966) and Gideon v Wainwright (1963) cases, persons who have been arrested for a crime have the following constitutional rights:
- The right to remain silent
- The right to an attorney
- The right to have an attorney appointed for you if you cannot afford to pay for your legal defense
Miranda v. Arizona The Miranda case began in 1963 when Miranda was arrested in Phoenix, Arizona for allegedly kidnapping and raping a 17 year old girl, which ultimately resulted in his conviction for these crimes and a sentence of 20-30 years imprisonment on each count based upon a signed confession Miranda gave to police. In 1966, the Miranda v. Arizona case came before the Supreme Court and was consolidated with four similar cases involving police interrogations (Miranda v. Arizona, Vignera v. New York, Westover v. United States and California v. Stewart). The defendants in these cases were all charged with a crime, interrogated by police without legal counsel and all signed confessions that were used in Court to convict them.
The Supreme Court overturned the convictions of Miranda, Vignera and Westover and sustained the California Supreme Court’s reversal of Steward, holding that the defendants’ constitutional rights were violated under the Fifth Amendment’s privilege against self-incrimination and the right to remain silent. Although, Miranda was given a second trial without his confession introduced into evidence, he was convicted again and given the same sentences.
In the Gideon v. Wainwright case, the defendant Gideon was charged with a noncapital felony crime. The Supreme Court held that the defendant Gideon’s constitutional rights under the Sixth Amendment (right to legal counsel in all criminal cases) and the Fourteenth Amendment (right to due process) were violated by the lower court when they denied him the right to legal counsel based upon Florida law that only guaranteed the right of the state to appoint legal counsel to indigent persons involved in a capital murder offense.
It is important to understand that if you do not exercise your constitutional rights guaranteed by the Miranda and Gideon cases, it could negatively affect the outcome of your case. Anything you say to the police can be used against you in court. Without adequate legal representation, you could be convicted of a crime even if you are innocent. The services of public defender’s office are extremely important to the poor and people of color who cannot afford to hire an attorney to pay for their own legal defense. The sequester and other budget cuts are not only negatively impacting the offices of federal public defenders who are laying off or furloughing their much needed staff, but also the judicial system and communities, which may become less safe.
People of color and the poor who need the public defender’s services may not be able to receive an adequate defense because public defenders’ offices are short staffed and overworked with too many cases. This can result in innocent people being convicted or unnecessary plea bargaining on certain cases that might otherwise be won or the charges dropped.
Criminal Defense Attorney
If you are arrested for a crime in the Phoenix, Arizona or surrounding area or in the State of Florida, you should remain silent in order to protect your rights until you have consulted with a criminal defense attorney. Once you ask for an attorney, the police cannot question you without your attorney being present. Having the proper legal representation can affect the outcome of your case. A good criminal defense attorney understands the criminal justice system, has relationships with prosecutors and can mount a strong defense to fight your charges.
At Imhoff & Associates-Criminal Attorneys, we provide our clients with high quality legal representation at affordable fees. Your Imhoff criminal defense attorney will investigate all the evidence against you making sure that the police did not violate any of your constitutional rights. Whether you case is in Arizona or Florida, we have a team of experienced and knowledgeable Arizona criminal defense attorneys and Florida criminal defense attorneys available to represent you. Your Imhoff criminal defense attorney will build a vigorous defense on your behalf to fight your charges and will negotiate with the prosecutor to get your charges reduced to a lesser crime, get you community service, probation or other alternative sentencing or get your case 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.
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.
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