True Believer

On June 28th, based on an article in the Indianapolis Star, we reported the tragic deaths of 16 year-old Samuel James Nolder and his two passengers, 17 year-old Eduardo Estrada and 16 year-old Kathleen Branham, following a car crash caused by an allegedly drunk driver. According to the article, Anthony James Thompson had a BAC of 0.21% when he ran a stop sign and broadsided Samuel Nolder's Jeep. WISH Channel 8 of Indianapolis later reported the story with the above picture of Mr. Nolder's Jeep Cherokee.
Since our initial report, some additional and conflicting information has come to light. For example, the article on the WISH Channel 8 website quotes the police as saying Thompson was apprehended as he attempted to flee with a broken leg. The Indianapolis Star reported that Thompson was treated for a broken ankle. The article also stated that Thompson claimed to have no memory of the accident, and that relatives had to tell him of the deaths of the three teenagers. The Indianapolis Star does not mention, however, any witnesses to the accident, yet the WISH article quotes a witness as saying "[Thompson] was intoxicated. You could smell it real bad." Of course, the strength of the odor of an alcoholic beverage has no bearing on how much someone has had to drink, let alone his level of intoxication. By not pointing this out, the WISH reporter is perpetuating a drinking/driving myth instead of educating the public about DUI.
Thompson has been charged with felony DUI/death and reckless homicide.

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Greenville News reports 17-yr-old Patrick Greenway was charged with felony DUI/death after a crash that killed his passenger and best friend, 17-year-old Michael Nelson Cooley. The article quotes a deputy coroner as describing how Greenway's car struck a guardrail that pinned Cooley, but there are no details describing alcohol use or any sign of intoxication. The reporter omits the date of the accident as well.

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You go, Mimi! My Texas colleague Mimi Coffey was interviewed in Sunday's Fort Worth Star-Telegram and says it about as well as anyone could.
Too well, perhaps. The paper issued this correction today:
"Mothers Against Drunk Driving supports the .08 blood-alcohol level threshold used in most states. It does not advocate laws making it illegal to drink small quantities and drive. A caption in Sunday Life with an article about Fort Worth lawyer Mimi Coffey misstated the organization's position."

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The Associated Press reports that Hastings, Minnesota resident Eugene Paul Reuter pleaded guilty to his third felony offense for "drunk driving." Prosecutors want Judge Thomas Lacy to sentence Reuter to 8 1/2 years in prison, 3 1/2 years of which relate to violations of probation for the prior charges. The article notes that though Reuter has three offenses in the 10 years "lookback" period, he has been convicted six times since 1992.

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The last two entries really make me wonder if we're doing the right thing by focusing on the harm caused by a defendant rather than the conduct to be punished.
In the previous post, Reuter is looking at 8 1/2 years for a third felony DUI (his sixth in 14 years). In the post before that, 17-year-old Corsello has never been in trouble with the law. Both of them drove while they were intoxicated. Who was the more morally culpable, the 17-year-old who may have been driving drunk for the first time, or the six-time convict?
Is Corsello's conduct any worse than Reuter's? Of course not; if anything, he is less culpable because he did not have the life experience Reuter had to make better choices.
The truth is that we have become a revenge-dominated society, particularly in the arena of drinking/driving offenses. We don't even look at the defendant's conduct or assess her culpability; if someone dies, the defendant must pay. While I certainly can understand those sentiments, and I can sympathize with the victims of these horrible tragedies, I do not believe that the sentiments of grieving victims provide a sound basis for establishing criminal justice policy.

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The Syracuse Post-Standard reported Sunday that 17-year-old Mathew Angelillo of Skaneateles was killed after the Ferrari in which he was a passenger crashed into an oncoming minivan. 17-year-old Steven Corsello was driving the Ferrari and has been charged with (among other things) DWI, refusing the chemical tests and reckless driving. Corsello and another teen in the Ferrari, 18-year-old David Prendergast, both suffered non-life threatening injuries. The driver of the minivan and his wife, Karl and Valerie Field of Onondaga, were treated at the scene and released.
No details whatsoever except allegations by sheriff's deputies Corsello was "driving drunk."

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The Midland Reporter-Telegram reports a tough sentence today. 19-year-old Bryce Wade O'Neil was sentenced Monday to 25 years in prison for the January 20 deaths of two people following an accident near Greenwood, Texas. Killed were Nicanor Lopez "Nick" Hernandez, 43, and Angela Dawn Lester, 36. Judge George "Jody" Gilles gave O'Neil 20 years for the death of Lester and 5 years for the death of Hernandez, following the vastly different requests of the victims' respective families.

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The complete first season is out on DVD, and one sketch hits a little too close to home. Boston.com reviews the disc and notes that in one scene, a deputy orders a DWI suspect to dance-step a straight line. That's funny.
What's not funny is the real life scenario where there is no straight line on the pavement for the suspect to walk. In such a case, the officer instructs the suspect to "imagine" a straight line and walk it. I've never understood how the officer can tell whether the suspect steps off it or not.

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A tragic car accident killed three Indiana teenagers after an allegedly DUI driver ran a stop sign and struck their Jeep this past Saturday night. According to today's edition of the Indianapolis Star, Kathleen Branham and Eduardo Estrada, 16 and 17 years-old, were pronounced dead at the scene. The driver of the Jeep, 17 year-old Samuel Nolder, was pronounced at a nearby hospital. Twenty-one year-old Anthony J. Thompson is now facing preliminary charges of "operating a motor vehicle while intoxicated resulting in death," but Thompson insists he has no memory of the accident. His blood alcohol content was allegedly 0.21% at the time. According to an investigating state trooper, "the circumstances leading up to the accident are still under investigation." None of the three teenagers were wearing seatbelts.

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A Minnesota man is apparently intent on setting the world record for receiving the most DUI convictions in a lifetime. The Associated Press reported this past Saturday that Raymond J. Sherman was arrested early Thursday morning in Minneapolis, Minnesota and charged with his 23rd DUI in 20 years. The arrest followed a police pursuit that Sherman had allegedly promised the last time he was arrested. Following that arrest in 2002, he supposedly told a state trooper that the next time they tried to catch him, he would run. Sherman had also stated that he would not seek treatment or stop drinking. Following Thursday morning's arrest, Sherman declared that the next time the troopers chased him, he would "mess up some squad cars."
Though the article states that Sherman "showed obvious signs of intoxication and was uncooperative," there are no specific details as to Sherman's actual blood alcohol content, field sobriety tests, etc. It is stated, however, that he is being charged with three counts of felony drunk driving, fleeing a peace officer, refusing to submit to a chemical test, and driving without a license.
Sherman had been released from Dakota County Jail just three months prior to Thursday's arrest after being convicted and sentenced for first degree drunken driving and driving with a canceled license.

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I found this op-ed piece in the Tucson Citizen from Joe Martinez, pictured. Apparently some people want to prevent street vendors from selling food after 11:00 p.m. By all means, let's make sure the people leaving the bars can't get any food.

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The Associated Press reported yesterday that Donte Curry, linebacker for the Detroit Lions, was charged with DUI early Tuesday morning - though he wasn't technically driving at the time of the arrest. Police were responding to a complaint of a vehicle stopped at an intersection, blocking traffic. They found Curry in the driver's seat of his Ford Expedition, asleep at the wheel with one foot on the brake. When police were finally able to wake him, Curry seemed disoriented and confused, but cooperative. He told officers he was on his way to Milledgeville "to pick up his children to go to school."
The article goes on to state that a blood alcohol test revealed Curry's BAC to be 0.195. He is facing charges of DUI, DUI per se, impeding the flow of traffic, and having an open container of alcohol.

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According to an article in the Billings Gazette today, 32 year-old Jason Herdt has been charged with Felony DUI, assault on a peace officer, driving with a suspended or revoked license, driving without insurance, and obstruction. "According to court records," police stopped Herdt's car after seeing him run a stop sign. Herdt then refused to roll down his window, attempted to step out of the car, gave the officers a fake name (coincidentally similar to his real name), and refused to give the officers his driver's license. He also smelled of alcohol, became agitated, and allegedly struck an officer while being searched.
No details are given regarding any symptoms of intoxication, failed field sobriety tests, a breath test, etc. His actual blood alcohol content is not stated. Of course, the fact that Herdt has three prior DUI convictions IS stated. Herdt pled "not guilty" in District Court yesterday.

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Country music singer Marty Stuart was charged with DUI yesterday after a non-injury accident in a McDonald's parking lot. The Associated Press reported that the accident "possibly involved alcohol," and that a jail official stated that Stuart had been charged with DUI. No actual evidence supporting the DUI claim was given. However, an entire paragraph was devoted to a 2 year-old DUI charge against Stuart that was later dismissed.

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The Associated Press reported yesterday that former Chicago Bears Quarterback Jim McMahon pled no contest to a DUI charge stemming from an arrest last November. Though no exact number is given, the article states that McMahon's blood-alcohol level was "more than three times the legal limit in Florida" at the time of the arrest. McMahon has been sentenced to 12 months of probation, 50 hours of community service, and approximately $850 in fines and court costs. He also received a six month license suspension.

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The Canadian Chapter of MADD has issued "progress reports" for all thirteen provinces. In the press release on its web site, MADD Canada's Executive Director Andrew Murie criticizes New Brunswick for being overly concerned with education, among other things.

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Pennsylvania's House Bill 2185 passed the state House of Representatives Tuesday by a vote of 198-0. According to the report in the Hazelton Times Leader, the bill would increase the penalties for anyone who provides alcohol to a minor who is later injured or killed. Charges under the new law would range from a misdemeanor to a third degree felony, depending on the level of the minor's injury.
The piece does not say whether the injury/death must be related to the alcohol, but the text of the actual bill makes it clear it must be. The actual text also reveals that the new penalties also apply if the drinking minor injures or kills someone else as a result of the alcohol provided.

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19-year old Robert Luis Donald IV of Pomona, California drove his car into an elderly couple's living room this past Monday afternoon. According to the article on abc7.com, Donald was driving his Mercury Capri "at a very high rate of speed" when he went over a curb, launching the car into the air and through the front yard of a corner house. He landed halfway in the living room, halfway in the garage, and four feet off the ground. No one was seriously injured, but the house has been deemed uninhabitable due to "severe structural damage."
Donald's two 17-year old passengers claim that he lost control of the car when trying to avoid hitting the open door of a parked car. Donald fled the scene but was arrested a "short time" later. Police are currently awaiting test results to determine Donald's blood alcohol content.
There is no mention of the results of the on-scene breath test that California's "Zero Tolerance" law requires be given to every driver under 21. No mention of any symptoms of intoxication, either. Just the note that Donald is suspected of DUI.

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When I started this blog, I intended to use the fourth estate PRIMARY CATEGORY to improve the way journalists reported DUI stories. My assumption was that the demands of deadlines (especially in the realm of Internet media) and the absence of notice from the public combined to make good reporting of DUI cases a low priority. Now I'm beginning to wonder if there's any more to it than that.
DUI stories tend to fall within three categories: the arrest/court case of an alleged DUI driver, a change in a DUI law and new technologies in law enforcement. I'm noticing a formula about the way each is reported.
Stories about an alleged DUI driver usually contain the driver's name and where he/she was stopped and then some naked comment from law enforcement that DUI is suspected (or that the suspect was arrested for DUI). It is rare that these stories ever provide any facts to support the allegation that the named citizen actually was under the influence. The worst of these cases are the ones that print the fact of a driver's prior conviction for DUI, as though such a history alone is enough to explain the current DUI arrest.
Stories about changes in the law or new law enforcement methods almost universally provide "background" in the nature of a horrific DUI accident or a 15-time repeat DUI offender. These stories go on to provide quotes from prosecutors, police officers and MADD representatives against a backdrop of "cracking down on" the crisis of uncontrolled DUIs. Usually there is a grieving and angry quote from an (understandably) grieving and angry parent whose child was killed by a drunk driver. In some cases, but not many, a defense attorney is quoted. I have never seen a quote from someone at RIDL, the National Motorists Association or the American Beverage Institute.
The problem with this type of reporting is that it overstates (or misstates) the DUI problem. Yes, there are repeat offenders out there, but the driver with four convictions or more is a relative rarity in America today. The vast majority of people arrested for DUI are first-time offenders: law-abiding citizens with low blood alcohol levels. These stories give readers the impression that DUIs are a problem different from the reality, which leads to the passage of laws aimed at addressing a problem that isn't there.

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The Las Vegas Sun reported yesterday that hit-and-run and DUI charges have been made against 24-year old Las Vegas resident Christopher Ramirez. Ramirez struck Fatu Taputu, also of Las Vegas, as he was crossing the street around 10 p.m. Monday night. Taputu was not using the crosswalk. According to the article, "the impact of the collision sent Taputu into the car's windshield," where he remained, till Ramirez pulled into a parking lot and ran into the front end of another car. Taputu then rolled onto the hood of the other car before rolling off and under Ramirez' car. When Ramirez tried to back up, he dragged Taputu with him. Ramirez and his passenger then stopped the car and fled, but witnesses caught and detained them till the police arrived. Taputu was taken to University Medical Center where he is listed as being in critical condition. Though many details of the accident and witness statements are given in the article, as usual, there are no statements or any kind of supporting evidence as to Martinez' possible impairment, signs of intoxication, blood alcohol content, etc. - only the reporter's statement that Martinez was charged with DUI.

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The California Assembly debates today its version of SB 1694, which would extend the lookback period for DUI priors from 7 years to 10. The legislative report is available here.

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Fresno City Councilman Brain Calhoun toasted his victory one too many times at his re-election party last March. Just a few hours later, Calhoun was arrested for DUI. According to the article on ABC30.com, Calhoun pleaded guilty this past Monday to "driving with a blood alcohol level of point 0.08 or higher and driving with an open container in his car." Calhoun was placed on 3 years probation and ordered to pay a $1,500 and complete 9 days of community service and a 3 month DUI school. His driver's license, which has been suspended for the past 3 months, will now be restricted for 90 days, so he can still drive to and from work and his DUI school.

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City Commissioner John Cosgriff of Fargo, North Dakota will plead guilty to a DUI charge stemming from an arrest on May 22nd. According to an article from the Associated Press, Cosgriff will receive a suspended 30 day sentence, a $500 fine, and will of course undergo a chemical dependency evaluation and follow any recommendations. He also apologized to his constituents for "an unfortunate lapse in judgment."

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Komotv.com reported yesterday that following a DUI arrest and breath test refusal, former Tacoma City Manager Ray Corpuz has been granted a deferred prosecution under the following conditions: Corpuz must complete two years of treatment, three years of court supervision, and a year long license suspension. He must also install an ignition interlock device on his car once his license is reinstated. The device requires that the driver provide a breath sample containing no measureable amount of alcohol before the vehicle will start. Should Corpuz have any major violations or alcohol offenses once he is able to drive again, his prosecution could be revived.

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The Sacramento Bee reported yesterday the sentencing of 29-year old Shawn Joseph Ponce. Ponce was sentenced to 2 years in prison for the hit-and-run death of 17 year-old Carrie Higgins. Ponce reportedly ran a red light and struck Higgins while she and a friend were crossing the street. He turned himself in to authorities four days later and plead no contest to felony hit and run and misdemeanor vehicular manslaughter last May, but he continues to maintain his innocence as to being under the influence at the time of the accident.
The article does not provide any information or evidence as to Ponce being under the influence at the time of the accident, but does mention that he "has previous DUI convictions and was on probation for a drug offense at the time of the accident."

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The Arizona Republic tells the story today of twin boys separated forever due to a tragic car crash caused by an allegedly DUI driver. Roderick Quam reportedly "sailed through a red light" in his Nissan pickup truck before striking a Honda Civic belonging to Jordan and Joshua Conard. Joshua did not survive the accident. Quam also suffered injuries, and his two passengers are currently in critical condition.
Reporter Holly Johnson states that Phoenix Detective Tony Morales "said alcohol was a factor in the accident." She the goes on to list a four year old DUI charge against Quam and a speeding citation he received in 2003, but as usual, there is no blood alcohol content or any other facts or information supporting the DUI contention. It is noted, however, that Quam in now facing one count of second-degree murder, four counts of aggravated assault, and one count of endangerment. Apparently, a DUI charge has not been made at this time.

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Quote.com and MSN are carrying a thinly-disguised advertisement for Pep Boys in the shape of "Summer Tips" for drivers. Each piece notes how dedicated Pep Boys is to the safety of "everyone traveling" during the summer, and notes that the company is a sponsor of MADD. Not surprisingly, this caring company recommends "preventive maintenance" on your car to stay safe over the summer.

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Joey L. Lott, a 24 year-old man from Bethel Springs, Illinois, faces charges of vehicular homicide, vehicular assault, and third offense DUI following a hit-and-run accident that left one pedestrian dead. According to an article in the Jackson Sun, Lott was coming around a curve on a county road at approximately 8:30 p.m. this past Friday night when he struck two pedestrians walking on the road. One of the pedestrians was killed, and the other is currently in the hospital in stable condition. Lott turned himself in approximately 45 minutes after the accident.
The article goes on to describe Lott's two prior DUI charges - not convictions, but charges - and the fact that he will probably also be arraigned on charges of driving on a revoked license with no insurance. The article states that Lott's blood alcohol content at the time of the accident is currently unknown, and does not state if he displayed any signs of intoxication.

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According to an article in the Tucson Citizen this past Saturday, 25 year-old Benjamin Pedro is facing charges of aggravated assault on a police officer and fleeing a law enforcement vehicle after he led police officers on a 80-mile chase around 2 a.m. Friday morning. Officers were responding to a fight that Pedro was not even participating in when he drove away from the scene. It was speculated that Pedro had been drinking and was attempting to evade the officers. Pedro struck one of the officers while trying to flee and later rammed another patrol car before being apprehended. No one was seriously injured. The police department, sheriff's department, and Department of Public Safety helicopters were all involved in Pedro's chase and capture.
Though Pedro was not booked on DUI charges and no actual evidence or reason for suspicion of DUI was given in the article, police spokesman Sgt. Marco Borboa stated: "We will be investigating DUI charges, too."

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The Kentucky Supreme Court has ruled that prosecutors are not limited to the 'under 21' statutes when charging youths with DUI. The story was reported by both the Kentucky Post under the headline Young DUI Offenders Face Adult Laws and its sister paper the Cincinnati Enquirer under the headline No DUI Loophole for Young Drivers. I have provided a copy of the opinion here.
Like most states, Kentucky has a lower 'per se' BAC limit of 0.02% for drivers under 21, since they may not drink legally in the first place. Joshua Reynolds, a driver under 21, was arrested when he was alleged to be driving with a BAC not just above 0.02%, but above 0.08% as well.
Prosecutors charged him with the adult charge, and his attorney argued that the Commonwealth was limited to the 'under 21' statute. The Supreme Court sided with the prosecution, construing the 'under 21' statute to apply when the BAC is alleged to be between 0.02% and 0.08%. A BAC above that, the Supreme Court held, subjects the youth to prosecution under the adult laws.

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Kenneth R. Witt, a judge-executive in Leslie County, Kentucky, was arrested Saturday night and charged with DUI, carrying a concealed deadly weapon, two counts of first-degree wanton endangerment on a police officer, and 10 counts of first degree-wanton endangerment. The Associated Press reports that Witt's ex-wife called the Kentucky State Police after Witt arrived at her home and threatened her boyfriend and herself. While the State troopers were at the ex-wife's house investigating the incident, shots were fired in their direction. Witt was later found on the U.S. 421 with two loaded handguns, one loaded shotgun, additional rounds for the shotgun, and a .40-caliber semiautomatic handgun in his truck.
No details or evidence were provided in the article as to why Witt was charged with DUI.

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The Great Falls Tribune reported Saturday that City Commissioner Diane Jovick-Kuntz pleaded guilty to the charge of driving with a BAC above the legal limit, also known as a 'per se' DUI. Apparently the automobile Jovick-Kuntz was driving collided with a parked car shortly after midnight Friday.

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Stars & Stripes European Edition reported yesterday that an Air Force officer pleaded guilty to DUI in connection with an accident that killed an Army specialist in Kabul, Afghanistan in February. First Lieutenant Todd Doughty will lose his commission and will spend the next 18 months in jail.

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The Detroit Free Press reported yesterday that an off-duty city police officer was involved in an accident early Saturday morning which killed a twenty-year old man. According to RIDL, television news broadcasts of the story reported beer bottles in the officer's car and that the officer was incoherent at the scene.
Because of his head injury, the officer was taken to a hospital and was not given any field sobriety tests. Apparently the officer, who is not named, had a known "drinking problem," according to sources in the police department.
Interesting that there is no coverage of this story (which happened more than 24 hours ago) in the Detroit News, the Michigan News or Click on Detroit.
update on 06.20.2004 by
AUTHOR: leemccoy
Finally, almost 40 hours after the crash, clickondetroit.com covers the story. The officer is identified as 18-year veteran James Agee, who is said to have driven his SUV the wrong way on a one-way street. The victim is identified as Nehemiah Thompson, pictured.
Law enforcement is unusually reticent, refusing to call the accident alcohol-related until they can determine if alcohol was a factor in the crash.

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Why is this story not more widely reported?
DFW' NBC5 reported yesterday that Corporal James Mismash was fired Tuesday after 18 years with the Dallas Police Department. Mismash has been charged with DWI, but has not yet been convicted. He had been on administrative leave following his arrest on May 14.
The only detail I have been able to find is that Mismash was pulled over for weaving.

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Pittsburghlive.com tells the story of Joan Rankin, a woman so drunk she was able to defy the laws of physics and slam her car into "the path of" a police car. Apparently Rankin was driving away from the Jacks R Wild bar Tuesday night when she collided with a state police patrol car. DUI charges have since been filed against her, yet there is no word as to whether or not she displayed signs of intoxication, was given field sobriety tests, a breath test, or of course, what her actual blood alcohol level was at the time.

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Both the Sun-Sentinel and the Palm Beach Post reported yesterday of a homeless man struck down and killed by an allegedly DUI driver on April 4, 2004.
Jason Rossire admitted to drinking while celebrating a friend's birthday on April 3rd before driving back to his dorm early the next morning. Shortly after 5:30 a.m. on April 4th, he reportedly hit something, panicked, and drove away. About three hours later, the police found him with a flat tire, a damaged front end, and a smashed windshield. He allegedly had a blood-alcohol level of 0.16 and was arrested for DUI.
Two months later, police arrested Rossire on the charges of DUI manslaughter, failure to render aid, and leaving the scene of a crash involving a death. Police believe that Rossire hit a homeless man, Kenneth Ware, who died at the scene.

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Gregory Buckley, a plumber in Boynton Beach, Florida, was sentenced this past Wednesday to 10 years in prison for the DUI death of 19-year-old Valery Mondesir. According to the article on Sun-Sentinel.com, Buckley had been drinking at a bar while watching his son perform in a band on the night of July 19, 2002. He then "left the bar with a blood-alcohol content more than twice the legal limit..." before rear-ending Mondesir's car at a stoplight. His actual blood-alcohol content at the time of the accident is not given. As usual, prior alcohol related arrests or convictions, one dating as far back as 1973, are given.
To the reporter's credit, however, Mr. Buckley is not made out to be a monster in this article. He is described as a hard-worker, a good husband, a good provider, an active participant in Habitat for Humanity, and a big brother to underprivileged kids. It is also noted that Buckley feels great remorse and accepts full responsibility for Mondesir's death. He immediately enrolled in treatment programs following the accident and has not touched alcohol or driven a car since the accident. However, the prosecution found that "the only way to protect society was to put Buckley behind bars for the ten years," and the judge agreed.

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I don't make this stuff up. The Florida Sun-Sentinel reported yesterday that a blind man drove a golf cart for two miles before crashing into a parked car. Police said Samuel McClain, 35, of Stockbridge, Georgia took his seeing-eye dog and his friend Michael Johnston for a ride in the Georgia town of Peachtree City. Johnston, who apparently gave McClain directions, was also cited for reckless conduct because he was admittedly intoxicated at the time.
The interesting issue in this case is the potential for Johnston to be charged with DUI because of the "control" he exerted over the golf cart while McClain was driving it. There are instances where a passenger who grabs the wheel of a vehicle is charged with DUI. This case would certainly be an expansion of the scope of the law, but in today's political climate would not surprise me.

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Boston.com reported yesterday that Richard C. Clinch, 24, was sentenced to two years in jail for the 2002 crash that killed Malcolm Kalp, 63, on Route 24 in Stoughton.
The only details we're given are from a prosecutor's statement, that Clinch was "drunk and speeding at about 5:30 a.m. when his car rear-ended a pickup."

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Yesterday's Las Vegas Sun reported that the Committee to Regulate and Control Marijuana turned in about 70,000 signatures on a petition Tuesday that would place an initiative on the November 2 ballot to regulate the possession of marijuana. The measure would allow adults over the age of 21 to possess up to one ounce of marijuana, less than the three ounce limit defeated by Nevada voter in 2002. "It also would strengthen penalties for driving under the influence and selling marijuana to minors," said CRCM spokeswoman Jennifer Knight.
Indeed. Under the law, a person convicted twice of selling marijuana to minors would face life in prison.
But Sandy Heverly, executive director of Stop DUI, said she has helped reorganize Nevadans Against Legalizing Marijuana, the same group that opposed the failed effort in 2002.

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New Mexico's krqe.com reported yesterday that "the New Mexico Supreme Court on Tuesday closed a loophole that drunk drivers have been slipping through for years." Not surprisingly, there was no reporter willing to add his or her byline to this idiotic piece. From the scant details we're given, it is impossible to tell whether the Court was acting in some sort of administrative capacity as the head of the New Mexico court system or whether the decision came down from an appealed case. I was unable to find confirmation either through LexisNexis or FindLaw.
The "loophole" to which our anonymous journalist refers is the protection given our citizens by the Sixth Amendment's guarantee of a speedy trial. Apparently in New Mexico, citizens accused of DUI no longer enjoy this protection.
Please post if you know the skinny on this one.

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CBSSportsline.com reports that Cincinnati basketball coach Bob Huggins pleaded no contest to DUI charges in court yesterday. Huggins was given a suspended 6 month jail sentence and ordered to pay only $350 of a $1000 fine, provided he complete a three day state certified alcohol education program.
Huggins was also given a 15 day license suspension, followed by a license restriction for the remainder of a six month period.
Get the full story at deseretnews.com, dailynews.com, or helenair.com.

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Divers are still looking for the body of a 27-year-old man, who has yet to be named pending notification of his family, after he fell off a pontoon boat and into the waters of Lake Bloomington. According to the article on Pantagraph.com, the young man "knelt on the side of the craft while it was moving and fell into the water... He was not wearing a lifejacket." The article goes on to say that two other passengers jumped in to help him, but the victim struggled, and his two would-be-saviors could not bring him in to safety.
The driver of the boat, Jacob Graybill, is now facing charges for operating a watercraft while having a blood alcohol content over 0.08% and could face a punishment of up to 7 years in prison because of his passenger's presumed death. Mr. Graybill's actual BAC is not noted. Nor is whether or not he was driving the boat at the time of the accident, or if he was driving in any sort of manner that could cause such an accident. The reporter did manage to mention Mr. Graybill's two prior DUI "incidents." Not arrests or convictions, but incidents.
Update on 06.17.2004
The Pantagraph reported today that the body of 27-year-old Shane Kaufman was found late yesterday in Lake Bloomington near Hudson, Illinois. The Hudson Fire Department used two search dogs to locate the body.
We are given no details about the accident, the cause of death, how Kaufman fell or the extent to which alcohol played any part. We are told that one dog was from Peoria and the other from Bloomington.

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ABC News reports that country music star Glen Campbell was sentenced yesterday to 10 days in jail after pleading guilty last May to charges of leaving the scene of an accident and extreme drunk driving. The judge granted a request for work furlough from 7 a.m. to 7 p.m. so Campbell can continue to run his entertainment business.
Campbell was also sentenced to 2 years probation, 75 hours of community service, and $900 in fines.
Get the full story at at tribnet.com, azcentral.com, FortWayne.com, or thecarolinachannel.com.

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No surprises here. Repeat offender with an alleged BAC of 0.28 challenged his conviction on the ground that the arresting officer was responding to an anonymous tip that inaccurately identified his truck. You can't always tell from the opinion alone, but this one seems like a really dumb appeal. Here is the report in yesterday's Billings-Gazette, and here is the court's opinion if you're interested. The case was State v. Jerry Wayne Brander, decided June 11, 2004, 2004 MT 150.

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