Drunk Driving DUI Law

Despite his arrest on suspicion of driving under the influence early yesterday, Chargers receiver Vincent Jackson will play in Sunday’s AFC divisional playoff game at Pittsburgh.

Jackson, 25, was driving east on state Route 52 near Interstate 805 just after 2:30 a.m. when he was pulled over for an observed traffic violation, California Highway Patrol Officer Brad Baehr said.

Jackson faces the misdemeanor DUI allegation as well as charges that he was driving on probation for a prior DUI in June 2006, Baehr said. The results of a blood test are pending.

Jackson proffered his innocence in a statement released yesterday afternoon.

“This morning I was stopped by an officer,” Jackson said in the statement. “I don’t think any charges will be filed as a result of the stop. In the event they are, I look forward to clearing my name and proving my innocence.”

The arrest will not affect Jackson’s status for Sunday’s game. The NFL’s collective bargaining agreement gives the league, not teams, authority to punish players for alcohol and substance abuses. Any discipline by the league would be meted out for the 2009 season, several sources said.

A suspension certainly is possible. The NFL’s substance-abuse policy states: “Discipline for a second or subsequent offense is likely to be a suspension, the duration of which may escalate for repeat offenses.”

Jared Allen, then with Kansas City, was suspended for the first four games of the 2007 season after being charged with DUI twice in one year. The NFL later reduced his suspension to two games.

Chargers players had the day off yesterday. General Manager A.J. Smith issued the following statement on Jackson’s arrest:

“We’re aware of the off-the-field issue involving Vincent. Obviously, we’re disappointed. We take these issues very seriously. Moving forward, we will monitor the situation and have no further comment.”

Jackson was driving a 2008 GMC Sierra registered to him, Baehr said. He was booked into county jail and was released by 6 a.m., Baehr said.

Jackson, in his fourth season, caught a career-high 59 passes and led the team with 1,098 yards, also a career high. His seven receiving touchdowns were also a career best and second on the team.

Earlier this week, Smith called Jackson a “true professional” and “ultimate team player” for how hard Jackson played even while not catching any passes.

“You win championships with players like Vincent Jackson,” Smith said.

The general manager has put an emphasis on character and avoiding off-the-field issues. The Chargers have not had any arrests become public this season and have been relatively trouble-free in recent years.

In 2006, linebacker Steve Foley was shot by an off-duty Coronado policeman who suspected Foley of driving under the influence. Foley pleaded guilty to misdemeanor drunken driving and was placed on five years’ probation. In July, he settled a lawsuit against the city of Coronado for $5.5 million.

Jackson’s contract runs through 2009, and he is among the hottest young receivers in the league. What becomes of this incident, combined with the previous DUI, could affect Jackson’s long-term future with the Chargers.

Smith has let go a number of players who have had off-the-field troubles. While none was as productive or possessed the upside of Jackson, Smith did last February release tackle Shane Olivea just two years after signing Olivea to a contract that guaranteed him $9 million. Olivea later underwent treatment for an addiction to pain killers.

“You’re a Charger one year at a time,” Smith has often said.

Recently, speaking of the lack of incidents involving his players, Smith said, “It’s very important if you want to be a Charger you do the right things on and off the field.”

The Chargers leave Friday for Pittsburgh, where they will face the Steelers at 1:45 p.m. Sunday.

Vincent Jackson better retain a Top California DUI Lawyer.

source

Arrests of allegedly intoxicated drivers over the holiday period ending Jan. 1 were up in most north state communities compared to 2007.

In Tehama County, where a grant-funded “Avoid the 5″ campaign began Dec. 14, officers from five law enforcement agencies made 36 arrests.

There were 26 arrests for the same period in 2007.

In Glenn County, where four agencies participated in an “Avoid” program, 53 arrests were made between Dec. 12 and New Year’s Day. The number is two higher than in 2007.

Butte County was without an “Avoid” program over the holidays, but still racked up some impressive DUI arrest numbers.

Chico police made 30 arrests during the much shorter period of Dec. 21 through New Year’s Day.

Paradise police made 14 arrests during the same period. Officers from the Chico and Oroville offices of the California Highway Patrol combined to make 10 arrests.

Most agencies said the majority of arrests were made on New Year’s Eve.

Paradise police Lt. Al Billington said state budget problems have delayed renewing a three-year “Avoid” grant for Butte County totaling about $271,000.

He said the grant should be available in time to mount a saturation DUI patrol by Super Bowl weekend, putting several officers on Butte County roads looking for impaired drivers.

DUI grants fund officer overtime and are administered by the California Office of Traffic Safety.

source: MSNBC News

So you got arrested for drunk driving — after crashing into a parked police car, injuring the cop, making racist remarks to him, and then blowing .16% on the breathalyzer.    So you’re looking at, what…60 days in jail?  120 days?  Maybe felony drunk driving?

Not if you’re a judge…..

Read the full story at the DUI Blog

More Police Learning to Draw Blood in DUIs

Phoenix, AZ.  Dec. 18 – If you’re drunk behind the wheel in Arizona, chances are increasing that an officer might draw your blood to prove it.

During the past 15 years, most large law-enforcement agencies statewide have moved from using Breathalyzers in favor of using blood to determine alcohol levels.

Nesci said his greater concern is with officers drawing blood during tense situations.

“You need a license to cut hair in Arizona, but you don’t need a license to puncture a vein and draw blood. That in and of itself is frightening,” he said. “There are a couple (of) other things that go along with that. Was the person who drew your blood mad at you? Was it an adversarial situation?”

The California Highway Patrol today said that so far this year holiday season DUI arrests are down statewide.

Officers have arrested 409 motorists for drunk driving and 11 people have been killed in DUI-related accidents statewide since Wednesday.

Last year at this time, the CHP tallied 13 drunk-driving related fatalities and 977 DUI arrests in the state.

In the Bay Area, CHP officers have arrested 48 drunk drivers, down from last year’s total of 164. There have been no DUI fatalities in the Bay Area since Wednesday; last year, three deaths on Bay Area roads were linked to holiday imbibing.

The CHP’s heightened holiday enforcement ends Sunday.

State officials, in cooperation with the National Highway Traffic Safety Administration, announced a new holiday campaign aimed at reducing incidents of driving under the influence in Florida. The $7 million campaign targets drivers between the ages of 21 and 24, the group most likely to be involved in an alcohol related accident with fatality. Ads will be featured on radio and television, as well as online. In combination with the ad campaign, law enforcement agencies across the state will target areas prone to Florida drunk driving arrests with extra patiols and sobriety checkpoints.

The Florida Department of Highway Safety reports a 10 percent drop in the number of DUI related fatalities in the state over the past ten months. Officials cite better law enforcement and a decrease in driving due to higher gas prices. December, however, statistically has one of the highest rates of DUI arrests, with a reported 4 out of 10 alcohol related accidents with fatality occurring in the last two weeks of the month.

Looking for a Florida DUI Lawyer?

Daughter of Bruton Smith injured in drunk driving crash.

NASCAR Daughter DWIThe 25 year old daughter of billionaire NASCAR racing mogul Bruton Smith has been formally charged with driving while intoxicated in North Carolina and driving with a suspended driver’s license. Anna Smith was involved in an accident on December 10 that left her seriously injured.

The accident occured in Huntersville, NC, near Charlotte, around 5:00 am. Smith’s vehicle was found wrecked in a field, 200 feet from the road, and she had reportedly been thrown 40 feet away. Ms. Smith remains hospitalized at Carolinas Medical Center.

Bruton Smith is the chairman of Speedway Motorsports, Inc.

Source: DUI.com

Eat drink and be merry, just don’t get behind the wheel when you do. The likelihood of getting caught seems to be greater now than before because Traffic tickets, Dui arrests bring in money, something a lot of us don’t have or are reluctant to spend and here’s what you might encounter if you make that choice.

California has two basic drunk driving laws, found in vehicle code section 23152, sections (a) and (b):

A. It is a misdemeanor to drive under the influence of alcohol and /or drugs.

B. It is a misdemeanor to drive with .08% or more of alcohol in your blood.

[Read more →]

Editor’s note: This is the final part in a three-part series looking at impaired driving on the Kenai Peninsula.

It doesn’t take a brain surgeon to know that driving under the influence is against the law. It’s as well known a fact as is that Barack Obama will be the next President of the United States. But what happens to those convicted of driving while intoxicated can vary.

Come Jan. 1, a new law passed will ensure one constant for all convicted of driving under the influence in the state of Alaska: ignition interlocks.

“A court may not enforce a municipal ordinance prescribing a penalty for driving while under the influence of an alcoholic beverage, inhalant or controlled substance or refusal to submit to a chemical test unless that ordinance imposes ignition interlock device requirements under this title,” the law reads.

“An ignition interlock device analyzes a person’s blood alcohol content,” said Rep. Kevin Meyer in a written statement.

A vehicle equipped with an ignition interlock won’t start unless the driver provides a breath sample below the legal limit, said Babette Miller, owner of Smart Start of Alaska, a company that installs ignition interlock devices statewide. If the breath sample provided is above the legal limit, the car won’t start.

“Individuals learn to separate drinking from driving,” Miller said.

Once the car has started, it then goes into a retest mode where the device has random tests while the vehicle is running, Miller said. If the person fails to pass the retest, the horn sounds until the person shuts down the vehicle or passes the test. This function is to bring attention to the vehicle that something is wrong, Miller said.
[Read more →]

Officers from the 21 police agencies in Alameda County are reminding drivers they will be out in full force this weekend, cracking down on those who drive drunk.

The agencies have made 413 DUI arrests through the “Avoid the 21″ campaign, which started Dec. 12.

The number of arrests is 10 percent lower than last year at the same time in the campaign, and there have been no drunken-driving fatalities. Last year, the county also reported no deaths as a result of drunken drivers.

More checkpoints are set for Alameda, Oakland and Pleasanton this weekend. The Oakland CHP and police who patrol Oakland, Livermore and UC Berkeley will run DUI saturation patrols, said Livermore police Lt. Mike Peretti, “Avoid the 21″ coordinator.

Peretti advises Raiders fans attending Sunday’s game against the Houston Texans to designate a sober driver. A 60-officer team from 15 police agencies will be out in force after the game.

“We’ll be out starting at 3 p.m. to arrest any football fan who fails to drive sober,” Peretti said. “We don’t want to export drunk drivers all over the Bay Area.”

“Avoid the 21″ made 1,114 DUI arrests during last year’s winter holiday crackdown, by far the largest number in the nine-county San Francisco Bay Area.

The three-week enforcement blitz ends New Year’s Day.