Making DUI History, One Bar at a Time

Unfortunately, drunk driving is one of the greatest problems society faces today. Children are warned repeatedly that drinking and driving is bad, even before driving is even really a thought in their minds. Everyone knows you shouldn’t get behind the wheel of a vehicle, and yet it seems like you can’t even blink without seeing another story on the news or in the papers about some tragedy or another caused by someone doing just that.

It seems like everything that can be done has been. Preventative education hammers it into kids’ heads that drinking and driving is bad long before they’re even remotely old enough to even think about doing either thing. Legislation has enacted stiff penalties for people who get DUIs or DWIs: liscense suspensions, fines, even jail time. Organizations like MADD have turned drunk driving into almost a demonic specter hanging over everyone’s heads in terms of social stigma. What else can be
done?

Not much. However, there is one option that remains virtually unconsidered. It’s easy, simple, and law enforcement already makes extensive use of it during their DUI and DWI stops. The breathalyzer is standard equipment for many police officers because you get quick, accurate results. However, outside of the law enforcement field, breathalyzers are exceedingly rare.

The Alcobuddy is a product made to change all of that. It is a wall-mounted breathalyzer machine intended for installation in bars and other venues that serve a lot of alcohol, like nightclubs and vineyards. The Alcobuddy is mounted at eye-level and has an attention-grabbing design to arouse the curiosity of bar patrons — which is, of course, the first step towards encouraging use. Once Average Joe is curious enough to go and inspect the Alcobuddy, he’ll find the digital video screen that will guide him through the quick and easy process of testing his blood-alcohol levels. For the bar owner, a great feature the Alcobuddy is its adaptability. The Alcobuddy can be reprogrammed for any language or languages (it can be bilingual) and any currency, and it can be altered to accept credit cards as opposed
to cash.

The most important thing about the Alcobuddy, though, is that it can, and will do a lot to deter drunk drivers. If you know exactly – within .01 units – just how drunk you really are, you’re probably not going to be able to convince yourself that you’re only “buzzed” and are therefore fine to drive home. This device can literally help save lives – not many other gadgets sold to bars can make that claim.

If you’re still unsure of the uses of the Alcobuddy, the website (www.alcobuddy.com) has a long list of the features the Alcobuddy possesses to the advantage of the bar owner, as well as testimonials as to its usefulness. Give it a shot; you won’t regret at least looking.

Parents of Brooklyn man killed in DWI crash

The merciful parents of a promising Brooklyn man mowed down by a boozed-up driver asked his killer Thursday to honor their son's legacy by teaching students about the perils of drunken driving.

Michael Ortiz, 22, pleaded guilty to vehicular manslaughter and DWI in the 2008 death of Fred Malcolm McCormack, accepting a unique no-jail deal that requires him to speak at 100 high schools.

"Don't let us down," Fred McCormack Sr. told Ortiz during the courtroom appearance. "Make something real good with your life and we will support you."

A tearful Fay McCormack - a Georgia prosecutor who spent her career putting drunken drivers behind bars - told the court how difficult it was to spare the one who took her son's life.

"I wanted to feed him to the dogs," she said, then recalled how her daughter and ex-husband convinced her otherwise.

"I am hoping that with this plea today and with the generosity of my family, [Ortiz] will keep Malcolm's memory," she said.

Ortiz briefly answered the judge's questions in Brooklyn Supreme Court, admitting to drinking two orange liqueurs before getting behind the wheel and hitting McCormack as he crossed a busy East New York boulevard.

"This was a great outcome," said defense lawyer Eric Franz, noting that prosecutors had a weak case because his client showed no evidence of intoxication after the crash, but instead called 911 and remained at the scene.

As part of the deal, Ortiz must attend 50 meetings with relatives of drunken-driving victims and must sit down with the McCormacks after the hearing, when he tearfully apologizes. If he completes the program, his felony will be expunged.

Speaking in court before her parents, Francia McCormack Wilson portrayed her brother, who died at 28, as a gifted musician, a computer whiz and aspiring lawyer all rolled into one.

"Justice to me," she concluded, "is seeing Michael honoring my brother by teaching people how to be better."

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Business owners and entrepreneurs who own any social venue and who are looking to start a cash business can now do there part in the prevention of Drunk Driving. Please visit alcobuddy.com. World's premiere Breathalyzer Vending Machine for more information.

Police Catch 8 Drunk Drivers At Checkpoint

Bakersfield police officers caught eight people drunk driving last night during a checkpoint along California Avenue Friday night.

Bakersfield Police screened 1826 cars between 5 p.m. Friday and 1 a.m. Saturday.
Eleven drivers were asked to perform field sobriety tests, and eight of them were determine to be drunk behind the wheel. Three of those arrested had a prior DUI conviction, and police said one of the drivers was impaired by both alcohol and marijuana.

Officers also impounded 50 cars and caught 15 people driving with an invalid license. They report one woman was caught with three outstanding warrants, and 31-year-old Marco Mejia was arrested for possession of a loaded, concealed, stolen handgun.

Police said the DUI/Drivers License Checkpoint was in an effort to reduce the number of persons injured or killed each year in DUI related collisions and encourage people to assign a sober designated driver.

Funding for the program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Police encourage the public help keep roadways safe by calling 911 if they see a suspected impaired driver.

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Authorities crack down on underage drinking and driving

State police are reminding teenagers that if they drink and drive this prom season, they could pay some severe consequences.

LITTLE ROCK, Ark. (KTHV) -- State police are reminding teenagers that if they drink and drive this prom season, they could pay some severe consequences.

The Arkansas State Police Highway Safety Office announced Monday that state, county and city law enforcement agencies will join forces March 11-20 and April 15-24 looking for drunk drivers with an emphasis on those under 21 years of age.

Officers will conduct additional sobriety checkpoints and saturation patrols as part of the continuing effort to apprehend drunk drivers.

According to state police, motor vehicle crashes remain the number one killer of teenagers in America, and nearly one-third of the fatality crashes are alcohol related.

Spring, the season of proms, school breaks and graduation parties, can be a dangerous time for young drivers. Alcohol-related traffic fatalities typically rise during these months, according to the National Highway Traffic Safety Administration.

The consequences of a DWI or DUI are far more serious than an impaired driver may realize. Arkansas teenagers driving with a blood alcohol concentration (BAC) between .02 and .07 can be arrested for Driving Under the Influence (DUI). If the BAC is .08 or greater, an arrest of Driving While Intoxicated (DWI) will occur.

Arkansas' penalties for underage DUI are substantial and include the loss of driving privileges, court imposed fines and community service. The fine for an underage DUI ranges from $100 to $2000. In addition, there are attorney's fees and significantly higher insurance premiums.

If an underage driver registers a BAC of .08 or above, law enforcement officers are required to charge the violator with Driving While Intoxicated (DWI), which is the same as an adult offense and has identical consequences of jail sentences, fines, court costs, community service, license suspension, higher insurance premiums and possibly other related costs.

"There's even a greater cost to pay in personal anguish that lives forever when death or serious injury has been the result of a drunk driver," said Colonel Winford E. Phillips, Director of the Arkansas State Police and Governor's Highway Safety Representative. "We are asking teenagers to stop and consider all the consequences before being caught and arrested for drunk driving."

The current education campaign is designed to increase awareness of the dangers associated with teenage drinking and driving through heightened enforcement operations, paid media and school-based educational activities.

"We want to be sure that young people get the message that underage drinking and driving is a crime that will not be tolerated," Colonel Phillips said.

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Will technology stop drunk drivers?

Senator Sherrod Brown and others believe it can.

Cleveland) - U.S. Senator Sherrod Brown of Ohio is calling for passage of the Roads Safe Act.

The measure would fund a program to create a device that would prevent intoxicated motorists from being able to start a vehicle.

Speaking at Cleveland Police headquarters, Brown explained the bill would authorize $12 million in annual funding for five years for the National Highway Traffic Safety Administration’s Driver Alcohol Detection System for Safety program.

He says the funding would be provided through money that the federal government has already appropriated for road safety initiatives, rendering the bill cost-neutral.

Supporting the legislation is Julie Leggett, the executive director of the northeast Ohio chapter of Mothers Against Drunk Driving.

Leggett contends drunk driving has reached epidemic proportions in Ohio, with 122-thousand drivers on state roads with 3 or more DUI's, the third worst record in the nation.

Leggett doesn't feel it will be difficult to create technology that prevents a car from starting when its driver is intoxicated.

Also supporting the bill is Oxford Township firefighter Steve Westcott, who helped Erie County police apprehend a driver who is now facing his 11th DUI.

Westcott says he has seen the effects of drunk driving first hand as a first responder. He feels $12 million is a small price to pay for potentially saving many lives.

Brown claims existing devices, such as ignition locks, can be expensive and obtrusive. The main goal of the legislation is to make the new device smaller and less noticeable, so that parents could choose to install it in the car of their high school- or college-age child.

He maintains the legislation does not require this technology to be installed in any car, but would give families and law enforcement a new means of combating drunk driving.

Previous versions of the bill were supported by the Alliance of Automobile Manufacturers, the American Academy of Pediatrics, the Distilled Spirits Council, General Motors, and Nationwide Insurance.

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Chapel Hill police crack down on serving to minors

Kathryn Ruff didn’t look at the license closely enough.

A server at Four Corners Grille, she was charged with selling a malt beverage to a minor after an undercover alcohol law enforcement check was held at the Franklin Street bar, along with 46 others in the Chapel Hill area.

“I didn’t know they send people in,” said Ruff, a first-time offender. “Pay attention, because you never know.”

Ruff was one of the 13 servers charged with selling alcohol to minors in the Jan. 7 operation, the latest in an effort to reduce underage drinking in the area.

The Alcohol Law Enforcement Response Team has issued more citations for selling alcohol to minors this year than in all of 2009, the year the group was formed.

Last year, 39 were issued.

“We’re getting stricter on enforcement,” said Chapel Hill Alcohol Enforcement Officer Debbie Timmons.

ALERT was formed in February 2009 by the Chapel Hill Police Department and the Coalition for Alcohol and Drug Free Teenagers of Chapel Hill and Carrboro.

The team, comprised of local police officers, focuses on fighting underage drinking in Orange County.

Lt. Pat Burns, an ALERT coordinator and retired police officer, said the team uses underage customers to go into businesses and attempt to buy alcohol.

The minors use their own IDs, and an undercover officer is also present in the business to witness, he said.

“We don’t like to see it,” Burns said. “We’re not trying to get people out of business.”

Burns said bartenders often rely on the people working the door to check IDs, but they don’t always do it.

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County Commissioners approve purchase of portable breathalyzer for Sheriff's Dept.

The San Saba County Commissioners Court was held on Monday, January 17th at 9 a.m. in the County Judge’s Chambers. County Judge Byron Theodosis called the meeting to order and welcomed everyone. Commissioner Kenley Kroll gave the invocation followed by everyone joining for the pledges to the American and Texas flags.

County Sheriff, Allen Brown, gave comments regarding the security for the courthouse. A committee is needed to make plans for the right response to emergency situations. State officials have been contacted to notify the Sheriff’s Department when they visit our area so that security can be in place. A new employee with excellent credentials and experience has been hired as a deputy. The purchase of a portable Breathalyzer which was on the Court’s agenda in December was discussed and information was given by Sheriff Brown, Judge Les Dawson and Chief Deputy Bill Price.

After questions and more discussion about the Breathalyzer, the Commissioners voted unani-mously to purchase one at the price of $419.00.

The following items were approved by the Court:

1. The minutes of the previous Commissioners Court meeting.

2. The report presented by County/District Clerk, Kim Wells.

3. The Treasurer’s report, presented by County Treasurer, Gayla Hawkins.

4. The County Justice of the Peace report by Judge Les Dawson.

5. The County Sheriff and jail report was accepted.

6. Payment of accounts payable.

Commissioner Kenley Kroll verified the Sheriff’s jail report at an average of 9.06.

The following non-action Departmental reports were accepted: County Judge; County Extension Agents; County Indigent Health Care Program Director; County Grant Writer; County EMS billing; County Emergency Management Coordinator; County On-Site Sewage Facility Management Coordinator; County 9-1-1 Coordinator; County Trapper.

Attorney David Williams attended the meeting at the request of Judge Theodosis to give the court some advise and discuss the Courthouse renovation, a lawsuit regarding the closing of a county road, and the appointment of Biennium members to the County Historical Commission. Necessary changes for the Courthouse renovation will be discussed at a meeting next week and given to the engineers of the project by the last day of January.

The Commissioner’s approved the appointment of the list of Biennium members to the County Historical Commission.

The Commissioners changed the County Conservation Contract rates to be $100 per hour for equipment plus cost of material.

One new employee was added to the County's payroll. The new employee is John Wilkerson, hired by the Sheriff’s Department.

The conditions of the County has changed since some rain came last week and more expected. After some discussion, the

Commissioner’s lifted the Burn Ban that was enacted on November 9, 2010.

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Bill would make prior Breathalyzer refusals applicable in DWI sentencing

A New Jersey senator plans to introduce legislation that would make prior convictions for refusing a Breathalyzer test applicable when sentencing someone for a DWI.

The state Supreme Court ruled Wednesday that refusing a Breathalyzer could not be used when determining if someone is a repeat offender.

Prior convictions for refusing a breath test and prior convictions for DWI were written in the law to be separate offenses, the court said.

"We need to make sure people who abuse the public trust by driving while under the influence of drugs or alcohol are held accountable and don't get a lesser penalty due to a glitch in the law," said Sen. Sean Kean (R-Monmouth), who plans to introduce the legislation.

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Ballet Director Pleads Guilty to Driving While Impaired

The director of the New York City Ballet pleaded guilty this Tuesday to driving while his ability was impaired. Peter Martins was arrested on January 1 in the first hours of the new year by Westchester County police near his home in Irvington, New York. The ballet master refused a breath test, and after failing a field sobriety test, was charged with "driving while intoxicated," what's commonly known as a DWI.

On Tuesday, he pleaded guilty to a lesser charge, and was fined $300, according to Nina Azeez, a Yonkers City Court clerk.

"A driver who refuses a breathalyzer test should have their license suspended, even for a first offense," said Alan Gordon, the leader of a ballet dancers' union that has been locked in difficult negotiations with City Ballet over labor contracts. "An insignificantly small fine does nothing to deter future drunk driving."

The ballet company issued a statement saying it was glad the matter had been resolved.

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DWI deaths drop; impaired driving persists

Drunken-driving deaths have dropped dramatically since the early 1980s across the nation and locally - the result of tougher law enforcement, safer cars and a less-tolerant public, experts say - but the problem of impaired motorists persists on car-reliant Long Island.

The recent spate of wrong-way drivers on major highways in Nassau and Suffolk counties, most of whom face DWI charges, has spotlighted the often-lethal consequences when those who have been drinking or taking drugs get behind the wheel.

"We don't have a mass transit system, obviously, like New York City," said Nassau District Attorney Kathleen Rice, who has made fighting drunken driving a signature cause. "It puts more people in cars, which means more drunk drivers, which makes more people victims."

In the past three decades, drunken-driving deaths nationwide have been cut in half, falling from 21,113 in 1982 to 10,839 in 2009, according to figures from an Insurance Institute for Highway Safety analysis.

That trend holds in New York State, which had 836 drunken-driving deaths in 1982 compared with 320 in 2009, a decline of 62 percent, according to the institute's analysis. Nassau County saw a drop from 60 to 19 such deaths during the same period, and in Suffolk the number fell from 88 to 39, the analysis found, declines of 68 and 56 percent respectively.

On Long Island, the number of drunken-driving deaths has seesawed over the past decade, so in 2009 the number of deaths was comparable to figures seen 10 years ago, the analysis revealed.

A troubling plateau

Yet, a broader look at the data reveals that while these deaths have fallen significantly, a stubborn plateau has been reached.

Statewide, drunken-driving fatalities have hovered at or near 30 percent of all motor-vehicle-related deaths annually for about the past five years - even as stronger penalties against offenders have become law.

FULL ARTICLE

Drunk driving a holiday fear

Deaths from drinking and driving spike around the holidays, according to Mothers Against Drunk Driving (MADD).

Alcohol is blamed for about 52 percent of fatal collisions on Christmas and 57 percent on New Years compared to a rate of 41 percent for the entire year.

MADD, a non-profit corporation established in 1980, is committed to helping victims of crimes committed by those under the influence of alcohol or drugs and increasing public awareness of problems associated with alcohol and illegal drugs.

In addition to the more than 1,200 alcohol-related deaths that will occur on the road this holiday season, the Centers for Disease Control and Prevention (CDC) estimate that more than 25,000 people will be injured.

Even with a steady decline in fatalities, the number of drivers with DWI arrests is on the rise.

It is estimated as many as two million drunk drivers with three or more convictions and more than 400,000 with five or more convictions still drive.
MADD suggests:
• If you drink, don't drive.
• Don't let someone you know get behind the wheel if they've been drinking.
• Avoid driving during early and late evening hours on holidays.
• If you must drive, be cautious and watch for the erratic movements.
• Immediately report suspected drunk drivers .
Call 911 or *55 from a cell phone to make highway assistance calls.

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Toronto cop faces drunk-driving charges

A Toronto Police officer faces alcohol-related charges after his car crashed into a pole.

Force spokesman Mark Pugash said Const. Ravneet Dhillon, 25, was arrested following the single-vehicle collision Saturday on Dundas St. W. Dhillion was off duty at the time.

The 14 Division officer, who lives in Brampton, has been with Toronto Police since 2008.

Dhillon is charged with impaired driving and operation of a motor vehicle while having more than the legal limit of alcohol in his system.

He was ordered to appear in an Old City Hall court on Feb. 7.

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Let's Have A Safe Holiday: No Drinking And Driving

Holiday weekends have been targeted as times that need the extra vigilance. To many people take to the roads after drinking. It is important that this not happen.

From 2005 to 2007, 23 people died in Minnesota traffic accidents during the Thanksgiving holiday weekend. Thirteen were alcohol-related crashes. Therefore, it was identified by the State Patrol as the deadliest weekend.

Operation NightCAP is a federally funded program that puts overtime police officers on extra patrols in Minnesota’s 15 deadliest counties. The thought behind identifying the holiday increase is to get the word out so that drunk drivers may think twice about taking to the roads. “The goal here isn’t to stop people from having a good time,” State Patrol Lt. Mark Peterson said.” “The whole idea is for [drunk drivers] to believe that they’re going to get caught.”

In any drunk driving collision, there are a number of issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a past article for the Minnesota Lawyers Trial magazine. Beyond the accident, there may be Dram shop issues that have to be investigated.

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Drunk driving in Texas - Editorial Board Sounds Off

Every week, we poll the members of the editorial board on a timely and divisive topic. This week, the question is:

Texas ranks among the 10 states that have done the least to prevent alcohol-related traffic fatalities, according to a report released this week by the National Transportation Safety Board. Our news story on this explained that Texas has one of highest proportions of drunken driving deaths in the country, yet has implemented only four of the federal agency's 11 recommendations to eliminate "hard core" drunken driving. For details, go here. Given these facts, what are the most important dditional measures - if any - do you think we should be advocating for when the Texas Legislature convenes in January?

Here are their responses:

Keven Ann Willey, editor of the editorial page:
Frankly, I was surprised to learn that Texas employs only four of the recommended 11 sanctions against DWI, especially given the enormity of the problem in this state. As our news story the other day pointed out, fully 40 percent of traffic accidents statewide involved a drunk driver - the fifth highest in the country. That's huge. Just last week, we read about a man who was convicted of a double murder while driving drunk in Denton County. This guy had three previous DWI convictions (which means he probably actually had many more DWI issues, given that the state's permissive plea bargain laws allow for many DWI-related offenses to occur before they actually get prosecuted as an actual DWI offense).What was this guy doing behind the wheel in the first place?

Unfortunately the online version of our story doesn't include the detail that was actually in the paper about what Texas does and doesn't do. In shorthand, the state reportedly does four things well: revoke licenses, impose heightened penalties for high blood-alcohol levels (over 0.15), allow judges to weigh past DWI offenses when assessing penalties for new offenses, and sanction hard-core offenders especially harshly.

Among the actions the state hasn't taken that the safety board thinks it should, in shorthand: employ more sobriety checkpoints, impound more vehicles or use interlock devices more commonly, eliminate diversion programs, impose penalties for driving with a 0.08 blood-alcohol level, develop a "hot sheet" program to identify frequent offenders, develop other confinement alternatives, outlaw plea bargaining, etc....

I think the highest priority should be focusing on repeat offenders. We need to eliminate the difficulty of taking these ticking time bombs off the road. Judges should mandate interlock devices and impound cars of itinerate alcohol abusers more frequently. Developing a "hot sheet" program to identify frequent offenders - sort of like a terrorist watch list at airports - makes tremendous sense to me.

I'm even sympathetic to an idea put forth by one of our volunteer Voices columnists - a retired Dallas cop named Scotty Holt - at a workshop we held with them earlier this week. He argued for making blood-alcohol tests mandatory for anybody pulled over on suspicion of DWI. This would be a bit more costly on the front end; blood tests for all. But it would be much cheaper - and more sensible - in the long run by eliminating much of the legal maneuvering and gamesmanship surrounding DWI prosecutions. It would provide unambiguous evidence - either your blood alcohol was over the limit or not - of your status. It should be a much more black-and-white, fact-based process. So do the blood work, get the answer, take your penalty (or walk if your level was OK). Get it done. Quit with the diversionary tactics. Move on.

READ FULL ARTICLE HERE

Plea Deal still unknown for Jets Receiver Braylon Edwards in Drunk-Driving case

Jets receiver Braylon Edwards caught a long touchdown pass two days ago, but he hasn't scored a plea deal yet in his drunk-driving case.

The fleet-footed Edwards could only watch as the lawyers explained to a Manhattan judge that they were still dickering over what to do.

"We're still in those discussions," said Assistant District Attorney Alyssa Gunther, who did not make a plea offer in court.

After court, Edwards' lawyer insisted the discussions between the two sides were not plea discussions but an "open dialogue."

"He's not getting any special treatment," Peter Frankel said of his neatly tailored client.

As for Edwards, "he's super focused on what he's doing - and he's doing great," Frankel said.

Edwards was slammed with drunk driving charges on Sept. 21 after taking the wheel with twice the legal limit of alcohol in his system, officials charge.

The one-time Pro Bowler reeked of liquor when he was arrested shortly before sunrise while driving a 2007 Range Rover with two teammates in Manhattan.

"I had a couple of drinks," Edwards told the arresting officer. "We were just coming home from a party. What about if I just leave the car and take a cab and go home?"

The cop said no and slapped the cuffs on the receiver.

Edwards was flagged at the corner of W. 34th St. and 12th Ave. because of his tinted windows, which are illegal if cops can't see through them.

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