Wednesday , August 22 2018
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U.S. DUI News

Double fatal crash in Salem leads to DUI, manslaughter arrest

A Hubbard man driving a pickup truck and pulling an occupied horse trailer struck a motorcycle, killing both of its riders early Sunday morning. Eduardo de la Lima Vargas, 39, was driving westbound on Mission Street SE after midnight when he ran a red light and crashed into a motorcyclist turning eastbound onto Highway 22 from the Interstate 5 off-ramp, Salem police said. The force of the collision threw both riders from the motorcycle and lodged it under the truck, causing both vehicles to ... Read More »

TENTATIVE AGREEMENT REGARDING BREATH TEST ADMISSIBILITY IN MASSACHUSETTS

Massachusetts defense attorneys and prosecutors have reached a tentative agreement, pending approval and modification by the court, regarding sanctions imposed against the government for refusing to disclose court-ordered evidence during state-wide litigation challenging the reliability of the Dräger 9510 breath test machines. Under a previous court order, breath tests results were presumptively excluded from evidence at trial if the machine had last been calibrated between June 1, 2011 and September 14, 2014. As a result of government misconduct, however, where ... Read More »

Thousands Of Breath Tests Are Ruled Inadmissible

According to an August 16, 2018 Salem News article, prosecutors across Massachusetts have agreed to stop using the results of the breath test from 2011 through 2017 over concerns of calibration issues. What is more disturbing is that officials attempted to hide these issues from both defense lawyers and prosecutors. Apparently a laboratory employee had not calibrated the devices, Draeger models 9510, to the proper range for margin of error. This ultimately resulted in the dismissal of more then 34,000 ... Read More »

DUI driver who left man stuck in windshield gets prison after courtroom breakdown

SAN DIEGO — A drunk driver who hit a man in Oceanside and continued driving for more than a mile, even though the victim’s body had gone through her windshield and ended up on the front seat, was sentenced Wednesday to 15 years to life in state prison. Esteysi “Stacy” Sanchez, 31, was convicted in April of second-degree murder, gross vehicular manslaughter and hit-and-run in the death of 69- year-old Jack Tenhulzen. Before sentencing, the victim’s family addressed the court and ... Read More »

NASCAR CEO Brian France arrested for DWI and drug possession

NASCAR CEO Brian France was reportedly arrested for DWI and possession of oxycodone approximately two hours after Chase Elliott’s win on Sunday. According to Sag Harbor (New York) Police, France was pulled over after driving through a stop sign in the Hamptons at approximately 7:30 p.m. ET. Police found the oxycodone after a search when he was pulled over. “Mr. France was observed operating a 2017 Lexus northbound on Main Street failing to stop at a duly posted stop sign,” a ... Read More »

MASSACHUSETTS PROSECUTORS AND DEFENSE BAR CONTINUE BREATH TEST NEGOTIATIONS

District Attorney offices throughout the Commonwealth continue negotiations with representatives of the defense bar regarding the admissibility of breath test results at trial. Some possibilities include expanding the time of presumptively excluded breath tests to include all tests performed since the Dräger 9510 machines were put into service in 2012 through at least 2017. Another potential outcome is to give both prosecutors and defense counsel online access to all maintenance and service records for each machine. We expect that all ... Read More »

Is breath testing based on flawed science?

  Testing blood alcohol concentration (BAC) based on breath samples has been a staple of roadside law enforcement since the late 1930s, when Prof. Rolla H. Harger of Indiana University developed a device called the “drunkometer.” Drivers who fail the tests face prosecutions  for violating laws that prohibit driving with a certain BAC, which are referred to as “per se” statutes. Per se DWI statutes do not require proof that the motorist’s ability to drive was affected by alcohol: simply ... Read More »

Roseville man killed in head-on, DUI crash

A motorcyclist was killed Sunday afternoon after getting hit head-on by a drunken driver in Sutter County, the California Highway Patrol said. Officers arrested 33-year-old Zachary Becker, of Rio Linda. CHP said he was booked into Sutter County Jail on charges of DUI, vehicular manslaughter and two counts of child endangerment. The crash happened around 4:40 p.m. on Riego Road, west of Highway 99. Becker was going west when the vehicle drifted into Ayala’s path and crashed head-on, CHP said. ... Read More »

Razorback Freshman Wide Receiver Charged With DUI

FAYETTEVILLE (KFSM) — Fayetteville police arrest Arkansas Razorbacks freshman wide receiver Michael Woods Saturday.  Washington County court records shows him  charged with driving under the influence, minor in possession of alcohol, and improper U-turn. Court records show he was released shortly after posting an $1,100 bond. Woods is scheduled to appear at a hearing on Monday. Woods enrolled early at Arkansas after committing to the Razorbacks over multiple other schools including Washington State, Texas Tech and Virginia. ESPN and 247Sports ranked him as ... Read More »