Georgia DUI Blog

     “30 Rock” star and former “Saturday Night Live” regular Tracy Morgan was
arrested in predawn hours in November, 2006, in New York on charges of drunken driving.  The 38-year-old comic was charged at the 33rd Precinct.  Morgan was also on probation in Los Angeles for a DUI conviction. He was charged in January, 2006, for driving with a blood-alcohol level of .13 — well above the .08 legal limit — and a month later he pleaded no contest to a misdemeanor charge.
     The comic was sentenced to 36 months of probation and ordered to attend an
alcohol-education program.  Police sources reported that Morgan was stopped at 4:38 A.M. in the Bronx and “was unable to maintain a position in a lane of traffic.”   Morgan was a “Saturday Night Live” cast member from 1996 to 2003, and was known for such recurring characters as Dominican Lou, Mrs. Parker and Captain Munclair Vanderhousen III.   He left the show when NBC offered him a chance to develop his own “Tracy Morgan Show,” but that venture was short-lived.   Morgan has nevertheless stayed busy, appearing in such films as “Little Man” with the Wayans brothers, and “Head of State” with Chris Rock, before returning to TV in “30 Rock.”

     GLENDALE, Calif. —  In October, 2006, Haley Joel Osment pleaded no contest
to misdemeanor drunken driving and drug possession charges resulting from a July accident in which he crashed his car into a mailbox.
     Superior Court Judge John Doyle sentenced the 18-year-old actor to three years probation and ordered Osment to spend 60 hours in an alcohol rehabilitation and education program, as well as attend at least 26 Alcoholics Anonymous meetings over a six-month period.  Osment, who didn’t attend the court hearing, also must pay $1,500 in fines.  The actor’s attorney, David Wood, entered the no contest pleas on his client’s behalf to one count each of misdemeanor driving under the influence and misdemeanor marijuana possession. Two other charges — another misdemeanor DUI and a vehicle code infraction — were dropped by prosecutors.  Osment fractured a rib and injured his shoulder when he crashed and flipped his 1995 Saturn in La Canada Flintridge on July 20. No one else was in the car, which hit a mailbox mounted on a brick base.

     A Texas state lawmaker instrumental in the passage of legislation increasing penalties on drunk drivers was himself arrested late Wednesday (April 30, 2008) for driving while intoxicated (DWI). Texas State House Transportation Chairman Mike Krusee (R-Round Rock) now faces the special $3000 “driver responsibility fee” that he rushed into law in June 2003.

     “Krusee’s drunk driving, and placing our families in danger, is just yet one more disappointment from an elected official who always ignores the public,” Sal Costello, founder of People for Efficient Transportation, told TheNewspaper.

     According to Krusee’s arrest report, state trooper Michael A. Scheffler spotted a black 2007 BMW 530i weaving on Anderson Mill Road near Highway 183 at 10:13pm. Scheffler also noted that the BMW’s registration expired in December 2007 and initiated a traffic stop. The trooper noted Krusee manifested many of the standard indicators of intoxication, including the “strong odor” of alcohol on Krusee, “the driver’s eyelids were red and watery and his eyelids were droopy,” and the failure to pass sobriety tests. Krusee allegedly refused to take a breathalyzer, which means that unless his attorney files an appeal within fifteen days he will be deemed automatically guilty of refusal. Starting June 10, his license would be suspended until he pays a $125 reinstatement fee any time after October 28.

     In his second trial for the same offense, Krusee faces the $3000 driver responsibility fee, a judicially imposed fine of up to $2000 and between three days and six months in jail. Generally, first-time offenders receive probation instead of jail time. This probation involves reporting in to a social worker monthly, attending a 12-hour educational course, performing between 24 and 100 hours of mandatory community service, submitting to various evaluations and attendance at a “Victim Impact Panel.” Each of these additional requirements comes with its own set of additional fees and costs.

     Krusee is one of the most outspoken advocates of toll roads in the state and had been rumored in line for appointment to the Texas Highway Commission. Krusee is not running for re-election.

Richie Sambora has been arrested for DUI in Laguna Beach, California.  According to news reports, he was cooperative with officers and was arrested without incident.  He reportedly took some field sobriety tests prior to getting arrested.  It appears that in addition to the DUI, he will also be charged with child endangerment since his daughter and another juvenile with him.   The Nanny drove the girls home.  Sambora has reportedly checked into rehab.

In Georgia, if convicted, he could actually get 3 DUI convictions for this one episode and lose his license for 5 years as a “habitual violator.”  DUI and DUI child endangerment charges do not merge and count as separate convictions.  I don’t know what the law is in California, but someone had better refer this man to Lawrence Taylor (after he gets out of rehab).

Georgia legislator, Ben Harbin, was arrested on Sunday for DUI. He was released on $1200.00 bond. Read the story from the AJC here. Here is a quote from the story.

At about the time of the crash, Robby Russ, a waiter at the Standard Food & Spirits, heard what he said sounded like a boom and looked out through the large window of the bar to see a utility pole “crooked like the Leaning Tower of Pisa.” Russ, 41, said he ran out to help. He said Harbin was coherent and without any visible signs of injuries. He wasn’t in “bad shape on the intoxication level,” said Russ, who has been tending bars for 18 years. “I know he’s been charged with DUI, and I know he’s an important guy. But he wasn’t wasted,” he said. “He wasn’t slurring his speech or falling over his face. He composed himself very well.”

Sounds pretty good, right? Check out this arrest photo. Not bad.

The 58-year-old singer was arrested in December 2002 after she was seen driving the wrong way on a road in Tucson. She was found to be more than two times the “legal limit”, and pleaded no contest to a resulting charge.   She was allowed to enter her plea telephonically and did not have to return to Arizona for either that court appearance or to serve her sentence.  She was allowed to serve 48 hours at a jail in Greenwich, Connecticut.

Prosecutors in Tucson, Arizona, later fought to have the veteran star incarcerated again, claiming she was allowed to come and go as she pleased during her 48- hour stay at the Greenwich, Connecticut facility.  Arizona Magistrate T. Jay Cranshaw initially agreed that Ross had failed to serve her allotted time, saying she left jail three times and had been released an hour early. But Judge Cranshaw reconsidered his ruling after appeals by Ross’ lawyers.  In the end she escaped returning to jail again on the DUI charge after the judge ruled she had already completed her two-day sentence.

     Back in 2003 country singer Glen Campbell pleaded guilty to extreme drunk driving and leaving the scene of an accident.  Under the plea agreement in Maricopa County Superior Court, Campbell was sentenced to 10 days in jail. He was eligible for work furlough after 48 hours and served 75 hours of community service.

     An aggravated assault charge was dropped.  Campbell was arrested in November near his Phoenix home after leaving the scene of a minor traffic accident. He was accused of kneeing a police officer after being taken into custody. The officer wasn’t hurt.

     Extreme drunk driving applies to a blood-alcohol level of 0.15 or higher. Police said breath tests on Campbell showed he had a 0.20 blood alcohol level at the time of his arrest. The legal limit for Arizona drivers is 0.08.

     Campbell blamed his arrest on the accidental mixing of alcohol and a prescription anti-anxiety drug.

     Cheney’s first DWI conviction came in November 1962 when he was 21. According to the docket from Cheyenne’s Municipal Court, Cheney was arrested for drunkenness and “operating motor vehicle while intoxicated.” A Cheyenne Police Judge found Cheney guilty of the two charges and hit him with a 30-day suspension of his driver’s license. Cheney also had to forfeit a $150 bond posted at the time of his arrest. Further information about the case - such as the defendant’s blood alcohol content or whether Cheney was jailed following the arrest - is unavailable since other court records from that period have been destroyed, according to Wyoming officials.

     Details of Cheney’s second Wyoming arrest in July 1963, have also fallen victim to time and records destruction practices at the local Municipal Court. But a police arrest card maintained by the Rock Springs Police Department shows that Cheney was fined $100 for his second DWI conviction. The card lists the charge against Cheney, who was then working as a groundman laying power lines, as “11-44,” the criminal code classification for drunken driving, according to Police Chief Neil Kourbelas. At the time of the Rock Springs arrest, Kourbelas said that local cops and judges would not have known that young Cheney was a repeat offender. The police department, Kourbelas said, “wouldn’t have had the ability to automatically check with other jurisdictions to find out if anyone had prior arrests or convictions. We could have arrested Jack the Ripper back then and had no idea what he had done.”

Since that second Wyoming arrest, Cheney has not been cited for DUI.

     The future President was charged with DUI on September 4, 1976, near the family compound in Kennebunkport, Maine.  He entered a guilty plea the following month, was fined $150, and had his privilege to drive in Maine suspended.  He did not have to deal with jail time, community service, a substance abuse evaluation, or suspension of his Texas license…like similarly situated people today.

The below was posted on the Fox News website.

Ann S. Banaszewski, 45, of Wheaton, was arrested Monday evening while driving away from a fast-food restaurant in the suburb 20 miles west of Chicago, police said. Three children were inside Banaszewski’s van when someone called police to report a suspected intoxicated driver, said Deputy Chief Tom Meloni.

Meloni would not release Banaszewski’s blood-alcohol level. He also declined to give the children’s ages or say whether Banaszewski had a previous record.

She was released on a personal recognizance bond. The DuPage County Circuit Court had no information Wednesday about a whether a court appearance had been scheduled.

A message left at Banaszewski’s home was not immediately returned and Meloni did not know whether she had an attorney.

Scalia, who began serving on the Supreme Court in 1986, has nine children.

The Georgia DUI blog has learned that attorney Don Ramsell will be representing her.  We don’t look for this case to be like many other high-profile DUI cases where the accused immediately comes out with an apology, a guilty plea and rehab.  Ramsell, a board-certified member of the National College for DUI Defense, has a reputation as being a fighter.

OCEAN CITY, MARYLAND — Mothers Against Drunk Driving praised Ocean City Police on Jan. 11 for officers’ handling of the Oct. 29 traffic stop and non-arrest of Delaware State Rep. John C. Atkins. MADD representatives were particularly quick to support decisions made by Officer Douglas A. Smith, OCPD’s toughest DUI enforcement officer, who along with trainee Natalie R. Smolko, performed the stop.

 

OCPD came under fire when news broke that Smith and Smolko stopped Atkins, who was swerving in his car and blew a .14 in his preliminary breath test, but decided against making a DUI arrest. “We feel very confident that the officers followed the proper procedures and protocols,” said Caroline Cash, executive director for the Chesapeake Region of MADD.
The decision to not arrest was made based on Atkins speaking clearly and not fumbling when retrieving his license and stepping out of his vehicle. The fact that he blew a .14 was irrelevant in Smith’s decision not to arrest since PBT readings are not admissible in court, Ocean City Police Chief Bernadette DiPino said.

It’s allegedly on this sole principle of Maryland law that the Ocean City, Maryland Police Department claims they had no grounds to arrest Rep. John Atkins. Even if we accept the unverifiable and unlikely claim that the police detected no other indicia of impairment (unlike any other person I have ever represented who was anywhere close to .14), we do have the following clues:

1) His car was swerving between two lanes of traffic.

2) He reeked of alcohol.

3) There were several empty beer bottles on the floor of the vehicle.

4) His eyes were glassy and bloodshot.

5) He admitted to drinking alcohol that evening.

These facts would have been more than enough to justify an arrest in Georgia, and when you add in a portable breath test result that was “positive”, which is what we call it when you blow a .14 in Georgia, I know of no police officer in Georgia who would not have arrested a “regular citizen” under the same circumstances.

So, despite the Ocean City Police denials that there were any other clues of Atkins’ intoxication besides the portable breath test result, the only people sufficiently clueless to believe their claims are the guardians of morality - MADD.

Now… if only the Delaware State Police can explain why they sent an officer down to Ocean City to drive the legislator and his wife home.

See story here.  Another high-profile DUI that should have been contested that wasn’t for public relations reasons.

Read the article here from the Lexington Hearld-Leader. According to his attorney, John Michael Montgomery wanted to take his case to trial but was too worried about the bad publicity to do it.

While this is not a Georgia DUI case, it again illustrates the unique pressures that are put on people when they face a DUI charge. It seems that the public is less likely to give the defendant the presumption of innocence in a DUI case. In addition to that hurdle, the defendant usually gets pressure from the prosecution and Judge to enter a plea by recommending much more jail time after trial.

In fact, today, I went to court to enter a guilty plea on a DUI with one of my clients. I recommended that they go to trial. However, my client was too scared of the 10 days that this Judge routinely gives after a conviction at trial. The client pled “Guilty” and was released on probation.

On August 6, 2006, I wrote this post about Mel Gibson’s DUI and I predicted that he would plead guilty as quickly as possible in an attempt to end the public relations nightmare that he has caused himself.  Well, I was right.

He pled no contest to a misdemeanor DUI charge Thursday and was sentenced to three years’ probation.  Gibson did not appear but entered the plea through his attorney before Superior Court Judge Lawrence Mira.  The two remaining counts in the original three-count complaint were dismissed. The arraignment was originally scheduled for Sept. 28 but was moved up — at the request of Gibson’s attorney.

This story appeared on TMZ.com

TMZ has learned that Mel Gibson went on a rampage when he was arrested Friday on suspicion of drunk driving, hurling religious epithets. TMZ has also learned that the Los Angeles County Sheriff’s department had the initial report doctored to keep the real story under wraps.TMZ has four pages of the original report prepared by the arresting officer in the case, L.A. County Sheriff’s Deputy James Mee. According to the report, Gibson became agitated after he was stopped on Pacific Coast Highway and told he was to be detained for drunk driving Friday morning in Malibu. The actor began swearing uncontrollably. Gibson repeatedly said, “My life is f****d.” Law enforcement sources say the deputy, worried that Gibson might become violent, told the actor that he was supposed to cuff him but would not, as long as Gibson cooperated. As the two stood next to the hood of the patrol car, the deputy asked Gibson to get inside. Deputy Mee then walked over to the passenger door and opened it. The report says Gibson then said, “I’m not going to get in your car,” and bolted to his car. The deputy quickly subdued Gibson, cuffed him and put him inside the patrol car.

TMZ has learned that Deputy Mee audiotaped the entire exchange between himself and Gibson, from the time of the traffic stop to the time Gibson was put in the patrol car, and that the tape fully corroborates the written report.

Once inside the car, a source directly connected with the case says Gibson began banging himself against the seat. The report says Gibson told the deputy, “You mother f****r. I’m going to f*** you.” The report also says “Gibson almost continually [sic] threatened me saying he ‘owns Malibu’ and will spend all of his money to ‘get even’ with me.”

The report says Gibson then launched into a barrage of anti-Semitic statements: “F*****g Jews… The Jews are responsible for all the wars in the world.” Gibson then asked the deputy, “Are you a Jew?”

The deputy became alarmed as Gibson’s tirade escalated, and called ahead for a sergeant to meet them when they arrived at the station. When they arrived, a sergeant began videotaping Gibson, who noticed the camera and then said, “What the f*** do you think you’re doing?”

A law enforcement source says Gibson then noticed another female sergeant and yelled, “What do you think you’re looking at, sugar tits?”

We’re told Gibson took two blood alcohol tests, which were videotaped, and continued saying how “f****d” he was and how he was going to “f***” Deputy Mee.

Gibson was put in a cell with handcuffs on. He said he needed to urinate, and after a few minutes tried manipulating his hands to unzip his pants. Sources say Deputy Mee thought Gibson was going to urinate on the floor of the booking cell and asked someone to take Gibson to the bathroom.

After leaving the bathroom, Gibson then demanded to make a phone call. He was taken to a pay phone and, when he didn’t get a dial tone, we’re told Gibson threw the receiver against the phone. Deputy Mee then warned Gibson that if he damaged the phone he could be charged with felony vandalism. We’re told Gibson was then asked, and refused, to sign the necessary paperwork and was thrown in a detox cell.

Deputy Mee then wrote an eight-page report detailing Gibson’s rampage and comments. Sources say the sergeant on duty felt it was too “inflammatory.” A lieutenant and captain then got involved and calls were made to Sheriff’s headquarters. Sources say Mee was told Gibson’s comments would incite a lot of “Jewish hatred,” that the situation in Israel was “way too inflammatory.” It was mentioned several times that Gibson, who wrote, directed, and produced 2004’s “The Passion of the Christ,” had incited “anti-Jewish sentiment” and “For a drunk driving arrest, is this really worth all that?”

We’re told Deputy Mee was then ordered to write another report, leaving out the incendiary comments and conduct. Sources say Deputy Mee was told the sanitized report would eventually end up in the media and that he could write a supplemental report that contained the redacted information — a report that would be locked in the watch commander’s safe.

Initially, a Sheriff’s official told TMZ the arrest occurred “without incident.” On Friday night, Sheriff’s spokesman Steve Whitmore told TMZ: “The L.A. County Sheriff’s Department investigation into the arrest of Mr. Gibson on suspicion of driving under the influence will be complete and will contain every factual piece of evidence. Nothing will be sanitized. There was absolutely no favoritism shown to this suspect or any other. When this file is presented to the Los Angeles County District Attorney, it will contain everything. Nothing will be left out.”

On Saturday, Gibson released the following statement:

“After drinking alcohol on Thursday night, I did a number of things that were very wrong and for which I am ashamed. I drove a car when I should not have, and was stopped by the LA County Sheriffs. The arresting officer was just doing his job and I feel fortunate that I was apprehended before I caused injury to any other person. I acted like a person completely out of control when I was arrested, and said things that I do not believe to be true and which are despicable. I am deeply ashamed of everything I said. Also, I take this opportunity to apologize to the deputies involved for my belligerent behavior. They have always been there for me in my community and indeed probably saved me from myself. I disgraced myself and my family with my behavior and for that I am truly sorry. I have battled with the disease of alcoholism for all of my adult life and profoundly regret my horrific relapse. I apologize for any behavior unbecoming of me in my inebriated state and have already taken necessary steps to ensure my return to health.”

My thoughts:

High profile individuals rarely fight their DUI cases. It seems to be based on advice they are getting from a P.R. person rather than a lawyer. For them, it is about more than guilt or innocence, it is about money and reputation. Everyone that gets charged with a DUI is concerned about money and reputation to a certain degree, but it is different when the news media and talk shows are all over you. Couple a DUI with some controversial comments and he had no choice but to give the “mea culpa” that the public wanted. If he would have fought this DUI, he would have been crucified in the press. After issuing the apology above, it seems his decision has already been made. He will plead guilty. My prediction is that he will do it VERY soon in an effort to keep the video of his arrest from getting out. He doesn’t really think that will work, does he?

This article appeared on the website of Channel 9 News in Denver.

DENVER (AP) - The Colorado State Patrol says it is working with the state attorney general’s office to determine how to react to a federal jury’s decision to award $1 million to a municipal judge it held was wrongly arrested on a drunken-driving charge.

Jurors found Friday that trooper Cpl. Kevin P. Turner did not have probable cause to arrest John S. Wilder of Monte Vista for drunken driving or prohibited use of a weapon, and did not qualify for immunity from a lawsuit as a public employee.

It was the second time the case had gone to trial. Wilder lost in 2004 but was granted a new trial. Wilder said he had tried to settle the case, unsuccessfully offering to drop the case without receiving any money if the patrol revised its arrest procedures.

“The Colorado State Patrol is shocked and disappointed in the decision reached in this case and we are working very closely with the state attorney general’s office in determining the most appropriate steps to take. The trooper involved in case, who is now a corporal, is a nine-year officer with a solid reputation,” said Maj. Jim Wolfinbarger, a State Patrol spokesman.

Kristin Hubbell, spokeswoman for the state attorney general, said, “We’re going to look at our options,” Hubbell said. “However, we believe the trooper acted properly and we presented a strong case.” Turner declined to comment.

Turner stopped Wilder in November of 2001 and said the judge smelled of alcohol and his eyes were watery. In court documents the judge said he had drunk one glass of wine 10 minutes before he was stopped.

The judge told the trooper that he had a handgun in the car and that he had a license to carry it.

After Wilder refused a roadside sobriety test he was arrested. He also was charged with prohibited use of a weapon because state law bans carrying a gun while drunk.