Sunday, August 15, 2010

Cops seek to arrest mom in Bidwell Street crash

An arrest warrant has been issued for a woman who drove her Mercedes into the path of oncoming traffic, injuring herself and her child.

After nearly four months, officials released toxicology screen results and the identity of the driver.

According to Officer Jason Browning of the Folsom Police Department, Susan Moskalets had a blood alcohol level of .07, under the legal limit for the state of .08.

She also tested positive for the strong pain killer morphine and Naproxen, an anti-inflammatory drug often used for pain.

Browning said the case was forwarded to the Sacramento County District Attorney’s office to determine whether charges would be filed against Moskalets.

“An active warrant has been issued for her arrest,” said Officer Shelly Orio, spokeswoman for the Sacramento County District Attorney’s office Thursday. “The warrant (charges) DUI of alcohol and/or drugs with injury and endangering the health or life of a child.”

The charges are felonies.

On Jan. 27, officers responded to a two-vehicle crash at the intersection of East Bidwell Street and Bluestone Circle.

A 1983 Mercedes station wagon, with Moskalets behind the wheel and three of her children ages 6 to 8 in the vehicle, reportedly crossed into the path of an oncoming Dodge Durango. The sole occupant of the Durango was an unidentified female driver.

Witnesses stated the Mercedes had been southbound on East Bidwell, moving with no headlights, when it entered a left turn lane. The driver went into the intersection, reportedly disregarding the red light and heading into oncoming traffic.

Having the green light, the Durango was northbound when it entered the intersection, hitting the Mercedes broadside.


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Wednesday, July 28, 2010

Sacramento prosecutor pleads no contest to DUI

A Sacramento prosecutor pleaded no contest Tuesday to drunken driving charges that stemmed from his arrest last year in midtown Sacramento.

Huggins booking photo.jpgDetails were still being worked out today on the sentence for Ross Robert Huggins (photo left), 44, and whether he will be placed in the sheriff's work project or an alternative sentencing program to serve the remaining day on his 48-hour term.

Visiting Judge John Morrison from Humboldt County gave Huggins credit for one day time served at the prosecutor's appearance in Sacramento Superior Court.

Huggins was arrested Nov. 21 at 19th and J Streets, Sacramento police said. His attorney, Linda Parisi, said that Huggins' blood-alcohol level at the time of his arrest was .10. A person is considered legally intoxicated in California at a .08 percent blood-alcohol level.

Parisi said "a lapse in judgment during a personally stressful time in his life" led to Huggins' arrest. Parisi did not elaborate. She said Huggins "takes full responsibility" for the incident.

Huggins could not be reached today for comment. District attorney's spokeswoman Shelly Orio also could be immediately reached.

Huggins is a member of the DA's "STOP" unit, an acronym for its state-targeted offenses program that focuses on prison crimes, car theft, welfare fraud, child abductions and mental health litigation.

Besides the 48-hour term, Parisi said Huggins also was ordered to pay approximately $2,200 in fines and fees. She said his driver's license will be suspended for 30 days, after which he will be placed into a first-offender's program.


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Thursday, July 15, 2010

Sacramento deputy DA pleads no contest in DUI case

 A Sacramento deputy district attorney has pleaded no contest to drunken driving charges that stemmed from his arrest last year in midtown Sacramento.

In a sentencing agreement finalized Wednesday, the prosecutor, Ross Robert Huggins, 44, was placed in the county's alternative sentencing program to complete the final day of the 48-hour term handed down to him by visiting Superior Court Judge John R. Morrison.

Huggins, who entered his plea Tuesday in Sacramento Superior Court, received credit for one day already served. He will perform 60 hours of community service in the alternative program instead of having to report to the sheriff's work project.

Huggins was arrested Nov. 19 at 19th and J streets, Sacramento police said. His attorney, Linda Parisi, said that Huggins' blood-alcohol level at the time of his arrest was 0.10. A person is considered legally intoxicated in California at a 0.08 percent blood-alcohol level.

Parisi said "a lapse in judgment during a personally stressful time in his life" led to Huggins' arrest. Parisi did not elaborate. She said Huggins "takes full responsibility" for the incident.

Huggins did not return phone calls Wednesday.

Huggins is a member of the district attorney's STOP unit, an acronym for its state-targeted offenses program that focuses on prison crimes, car theft, welfare fraud, child abductions and mental health litigation.

Besides the 48-hour term, Parisi said Huggins was ordered to pay approximately $2,200 in fines and fees. She said his driver's license will be suspended for 30 days, after which he will be placed into a first-offender's program. His driving privileges will then be restricted for another 90 days to driving to and from work and the program.

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Tuesday, June 15, 2010

Judge denies hit-and-run suspect's 'no contest' plea in triple fatal crash

SACRAMENTO, CA - The man accused of killing three people in a Sacramento crash last Saturday morning was denied a request to plead no contest to leaving the scene of an accident.

Omar Carrasco was arrested Saturday night in the 3:30 a.m. crash at the intersection of Center Parkway and Cosumnes River Boulevard.

According to Sacramento Police Sgt. Norm Leong, an Acura and a Lincoln collided in the middle of the road. The impact pushed both cars into a nearby field. The Acura caught fire.

Leong said two men died inside the burning car. Another was found in the grass nearby. Officials said he also died at the scene.

The three men were Gregory Valenzuela, 22; Raoul Perez, 23and Manuel Ruiz, 24.

A fourth man, also ejected during the crash, was rushed to Kaiser Permanente's south Sacramento hospital but was expected to survive, Leong said.

According to investigators, Carrasco fled the scene. He was found seeking medical treatment at Kaiser Saturday night and arrested.

During Tuesday's proceedings, the Sacramento County District Attorney's office formally charged Carrasco with felony hit and run causing death.

Carrasco entered a plea of no contest, however the judge denied the plea.

After Tuesday's hearing, Assistant Chief Deputy District Attorney Steve Grippi explained the judge's denial was based on Proposition 9 that was passed last year.

"The victims' families have a right to be present, if they so request, at any kind of an important proceedings in a case. Right now they're preparing for funerals and not available to be in court," Grippi said.

Another man who survived the crash and his family were present at Tuesday's proceedings.

If other family members of the victims are able to make Wednesday's court hearing, Grippi said he would accept the Carrasco's plea of no contest, which carries a maximum penalty of three years in state prison.

Grippi added Carrasco could face further charges, but it was unclear if or when that would happen. "The investigation is ongoing. The police department is still investigating and if the evidence supports further charges, we will charge him," Grippi said.

Sacramento Police Department investigators have not yet determined which car caused the crash.

According to DMV records, Carrasco has a history of DUI arrests. His license had been suspended five times for DUI-related offenses.

His latest suspension was in February for cancellation of a specific type of insurance required for anyone convicted of DUI.

Source

Friday, May 28, 2010

GOP state senator arrested on suspicion of DUI

SACRAMENTO, Calif.—A Republican state senator from Bakersfield was arrested early Wednesday on suspicion of drunken driving near the state Capitol, according to the California Highway Patrol.
Lt. Jay Bart said Sen. Roy Ashburn was spotted driving erratically about 2:10 a.m. in downtown Sacramento. He was arrested after a sobriety test and was taken to Sacramento County Jail, where he was given a blood-alcohol test. He then was booked and released.
Bart said he is prohibited from releasing Ashburn's blood-alcohol level.
"I am deeply sorry for my actions and offer no excuse for my poor judgment. I accept complete responsibility for my conduct and am prepared to accept the consequences for what I did," Ashburn said in a statement issued through his Senate office. "I am also truly sorry for the impact this incident will have on those who support and trust me—my family, my constituents, my friends, and my colleagues in the Senate."
Ashburn, who is 55, represents a district that includes Kern, Tulare, Inyo and San Bernardino counties.
He is termed out this year after eight years in the Senate and six years in the Assembly.

Saturday, May 15, 2010

Sacramento man gets long prison stretch after drug-fueled run-in with Roseville cops

A Sacramento man with a long criminal record must serve 25 years to life in prison after his 2009 meth-laced run in with the Roseville Police Department.

Anthony Joseph DiBernardo, 50, of Sacramento, was convicted in Placer Superior Court this week for driving under the influence and resisting an officer.

In May, DiBernardo was pulled over for driving with expired registration. During the stop, the responding officer suspected DiBernardo was under the influence of a substance. The Placer County District Attorney's Office said DiBernardo attempted to swallow a plastic bag of methamphetamine and wrestled with the officer.

The DUI and resisting counts triggered a mandatory 25-to-life sentence.

His record includes an 1988 crime spree that included a three-home burglary binge and an attempted rape of a 14-year-old girl, offenses committed before the state's three-strikes mandatory sentencing law took effect.

During this week's sentencing, DiBernardo sought to have his old convictions disregarded -- an argument Judge Joseph O'Flaherty rejected.

Prosecutor Benjamin Eggert argued that DiBernardo continued to break the law in the 1990s. His more recent crimes included a misdemeanor assault with a deadly weapon and twice failing to register as a sex offender.

"This guy had his chances," Eggert said. "He's exactly the kind of person the three-strikes law was written for."


Source

Thursday, April 15, 2010

DUI Suspect Had Daughter In Car

SACRAMENTO, Calif. -- Police arrested a dad accused of driving drunk as his 8-year-old daughter rode in his car.
David B. Michel, 52, was taken into custody Monday after at least one bystander reported him to authorities.
Police Sgt. Norm Leong said according to witness accounts, Michel had been drinking at Crawdad's River Cantina at 1375 Garden Highway.
Someone approached Michel and urged him not to drive, according to a police report.
However, Michel got into his car anyway, Leong said.
Police were called and Michel was arrested, police said.


Source

Sunday, March 28, 2010

Inmates released early were in for minor offenses

Many of the people released early from Orange County jails on the first day a new law took effect were in for misdemeanors, vehicle code violations and probation violations, public records show
Most of them only had a day or two trimmed from the time they would have served under the old system of one day off for every two days of good behavior.The new state law, which took effect Jan. 25, allows county inmates to reduce their sentences by as much as one day for every day served through additional credits for good behavior and completing other programs.
The names of 309 inmates released early through Feb. 9 were provided by the Orange County Sheriff's Department in response to a request from The Orange County Register. Through Tuesday, the Sheriff's Department had released 401 inmates early, sheriff's officials said.
Orange County was among about 20 counties statewide that decided to apply the law retroactively. That meant inmates earned additional credits for time served before Jan. 25, resulting in the release of 42 Orange County inmates on the day the law took effect.
An analysis of the Jan. 25 releases by the Register shows that most of the 42 had entered jail the same month and were serving short sentences.


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Monday, March 15, 2010

Placer Judge Curry sentences 6th DUI 6 years

Placer County Judge Mark Curry sentenced Peter Joseph Farrell, 43, of Oregon six years in state prison for his 6th DUI conviction.

PLACER COUNTY, CA – A man whose first driving under the influence-related offense involved the death of a Sacramento motorcyclist in 1988 has been sentenced to six years in state prison for a sixth DUI conviction, says the Placer

Besides the Sacramento Driving under the influence related involuntary manslaughter conviction for which he went to prison for just under 3 years, he had DUI offenses in Oregon in 1998, 1999, 2003 and 2005.


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Monday, February 15, 2010

Sacramento County prosecutor arrested in DUI case

A veteran deputy district attorney was arrested on suspicion of drunken driving in midtown Sacramento early Saturday morning.

An officer observed a vehicle being driven erratically by Ross Robert Huggins westbound on I Street near 20th Street, according to Sacramento Police Department spokesman Norm Leong.
The officer stopped Huggins at 1:44 a.m. at 19th and J streets, he said.

"The odor of alcoholic beverage was emanating from the vehicle," Leong said. "Field sobriety tests were conducted and Mr. Huggins was arrested on suspicion of driving under the influence of alcohol."

Leong did not report Huggins' blood-alcohol content.

Huggins, 44, was booked into the Sacramento County Main Jail at 3:01 a.m. and was released later Saturday, according to jail online records.

Reached by phone Saturday at his home, Huggins said, "I made a mistake and I'll have to accept the consequences. Beyond that, I'd rather not comment because it's a private matter."

Shelly Orio, spokeswoman for the District Attorney's Office, did not return a call seeking comment.

Huggins did confirm he is assigned to the "state-targeted offenses program," a division that comprises five units – prison crimes, vehicle theft, mental health litigation, public assistance fraud and parental child abduction.
He prosecuted crimes committed against children for a number of years.

He was also the prosecutor of former Kings players Chris Webber and Jason Williams on reckless driving charges in 2000. After a daylong non-jury trial, then-Sacramento Superior Court Judge Morrison C. England Jr., now a federal judge, decided they were not guilty without deliberating.

Huggins, who has been a local prosecutor for more than a decade, graduated from University of the Pacific's McGeorge School of Law in Sacramento, and was admitted to the State Bar of California in 1991.


Source

Thursday, January 28, 2010

Sacramento DUI Patrol Rolls Out Just in Time for Holiday Drinking

SACRAMENTO, CA - The first two days of the holiday weekend on the roads have gone much like California law enforcement expected -- if not worse.

The California Highway Patrol says there were 271 DUI arrests on Wednesday and Thursday nights, up from the 237 during the same period last year.

Knowing there would likely be more people in the mood for parties Friday night, Sacramento Police launched a DUI saturation patrol throughout the city.

An extra 15 police units more than usual were on the streets Friday, focusing heavily on the downtown and midtown areas.

Police were fully expecting a busy night.

"I don't understand it," said Sacramento police Sgt. David Hargadon.  "I don't know why the number of arrests go up (during the holidays), but they do.  That's part of our campaign is to get people educated and get them to make wise decisions."

Friday's patrol started at 9 p.m., and was scheduled to last until at least 1 a.m.  As of 10:30, at least two arrests for DUI were made.

Sacramento PD said they'll carry out the same patrol Saturday night.


Source

Friday, January 15, 2010

Sacramento Police Chase Suspected DUI Driver; Pursuit Ends in Crash

SACRAMENTO, CA - A woman was arrested for suspicion of driving under the influence, leading police on a pursuit and crashing into another car after running a red light Saturday night.

The collision happened at the intersection of Mack Road and Stockton Boulevard. A woman and a 10-year-old boy were inside the car that was hit.  Police said they were T-boned by the suspected DUI driver while they were driving north on Stockton Boulevard.

Mia Holmes, 41, resisted police when they attempted to detain her, according to Sgt. Norm Leong of the Sacramento Police.  Holmes had an 8-year-old boy in the car with her, though he is not her son. He was taken to the hospital with minor injuries, said Leong.

The major intersection was closed for about an hour while the scene was investigated.

"Tonight is unfortunately going to represent another five, six people being arrested for drunk driving, with a potential of one person being injured probably this weekend," said Sacramento police Sgt. David Hargadon. "And this whole thing is preventable."

With holiday parties in full swing, he said it's important to not have even one drink if you suspect you'll be driving during the evening.


Source

Monday, December 28, 2009

DUI suspect ID'd as Sacramento man

A man arrested on suspicion of DUI on Tuesday following a fiery crash in Vacaville was identified Wednesday as Sacramento resident Jericho Lopez, 28.
Authorities said speed, as well as alcohol, contributed to the crash.

Events unfolded around 7:40 p.m. as a California Highway Patrol officer saw a silver-colored Volkswagen Golf speeding west on Interstate 80 near I-505 south. It swerved through the lanes and reached speeds in excess of 100 mph, officials said.

As the car approached the Davis Street offramp and again attempted a lane change, officials said, it clipped a Honda CRV driven by Kristi Mergenthaler, 25, who was traveling from Oregon to Marin County. The Honda skidded into the center divider as the Golf, driven by Lopez, struck a sound wall on the freeway shoulder and burst into flames. The pursuing CHP officer pulled Lopez from the wreckage, officials said.

Lopez was taken to the University of California, Davis, Medical Center in Sacramento with a complaint of pain and was subsequently arrested on suspicion of DUI.

Mergenthaler refused medical treatment.



Source

Tuesday, December 15, 2009

Sacramento Dad Killed, Family Injured in Suspected DUI Crash in Roseville

ROSEVILLE, CA - A Sacramento father was killed, his wife and son injured and a Roseville man faces DUI charges following a head-on crash in Roseville early Sunday, according to the California Highway Patrol.

The crash happened on Baseline Road just west of Fiddyment Road around 1:15 a.m. Sunday, Auburn CHP spokesman David Martinez said.

Martinez said a Cadillac being driven by Julian Martinez, 40, of Roseville was traveling eastbound when the vehicle veered into the westbound lane and hit a Ford Windstar head on.

The driver of that car, Manuel Espinoza, 65, of Sacramento, was killed. His wife Enedina, 61, suffered minor injuries, while the couple's son, David Espinoza, 27, was taken to Sutter-Roseville Medical Center with major injuries.

Julian Martinez told officers that he fell asleep behind the wheel before the crash, Martinez said. Julian Martinez was arrested and was expected to face felony DUI and manslaughter charges. He is scheduled to be arraigned Nov. 3 in Placer County Court in Auburn.


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Saturday, November 28, 2009

Kings Forward Andres Nocioni Released From Jail After DUI Arrest

SACRAMENTO - Sacramento Kings forward Andres Nocioni has been released from the Sacramento County Jail after being arrested on DUI charges early Thursday morning.

Nocioni's vehicle was pulled over by Sacramento Police around 2:00am Thursday near the section of 9th and L Streets in Sacramento. Officers say they detected a strong odor of alcohol in Nocioni's vehicle and ask him to take a breathalyzer test.

It's unclear what Nocioni's blood alcohol level was.

Nocioni was seen leaving the Sacramento County Jail after posting bail shortly after 9:00am. Despite persistent questions from the media, Nocioni declined to comment.

Sacramento Kings Operations President Geoff Petrie said the organization was "extremely disappointed in the poor judgment which led to the driving under the influence arrest of Andres." Nocioni also apologized for the incident, saying it was a mistake and a lapse in judgment.

"As far as I'm concerned: Stupid, stupid, stupid," FOX40 Sports Director Jim Crandell commented on the FOX40 News at 11AM. "There is absolutely no reason to go out and drink, and then get in a car. Now, Nocioni has himself in a heap of trouble."

Nocioni is not the first member of the Sacramento Kings to find himself in a heap of trouble. In 2006, Sacramento Kings former coach Eric Musselman was arrested after driving with a blood alcohol level of over .11%, above the legal limit of .08%. Musselman was asked to pay $1900 in fines and spent three years on probation.

In October 2007, Sacramento Kings Center Justin Williams was accused by a woman of sexual assault. Following a lengthy investigation, the Sacramento County District Attorney's Office announced they would not seek charges.

Sacramento Kings player Ron Artest found himself in the center of an animal abuse scandal when the Placer County District Attorney's Office said dogs belonging to Artest appeared neglected. Artest was suspended for seven games of the 2007 season after pleading no contest to a related misdemeanor domestic violence charge.

The Sacramento Kings lost to the Atlanta Hawks Wednesday night 105 to 113 at Arco Arena.



Source

Sunday, November 15, 2009

Repeat DUI offenders deserve Three Strikes, lawmaker says

SAN MATEO — Not long after a San Mateo County man with a valid driver's license was sentenced to two years in jail for his ninth drunken-driving conviction, a Bay Area legislator has called for a rule that would automatically revoke the licenses of motorists who are repeatedly over the limit and behind the wheel.
"It's incredible that in the state of California that we have not set an upper limit where enough is enough," said state Sen. Leland Yee, D-San Mateo. "I don't know how judges would allow this person to drive after so many DUIs."
According to the most recent Department of Motor Vehicle statistics, drunken driving killed 1,489 people and injured another 30,783 in 2007.
But as long as motorists do not hurt or kill someone while driving drunk and complete court-ordered penalties, they can try to get back their driver's licenses — even after multiple convictions, said Department of Motor Vehicles spokeswoman Jan Mendoza.
William Simon, 42, of Burlingame, had eight DUI convictions before he stumbled past two California Highway Patrol officers having coffee at a Starbucks in San Mateo in January. The officers had watched the man drive into the parking lot about 7 a.m. through an exit and then park his car crookedly. They questioned Simon and later arrested him when they realized his blood alcohol level was .21, nearly three times the legal limit of .08.
The San Mateo County Times obtained a copy of the man's driving record Oct. 30, but DMV officials were unavailable to explain how Simon had a valid license after eight drunken-driving convictions.
Simon's nine DUIs are unusual and, according to state records, he might be the only man with a valid license to have gotten that many convictions in the past 10 years.
But there are plenty of drivers who have multiple arrests. According to DMV numbers from 2006, the most recent available, 5,335 drivers who had racked up four drunken-driving convictions in the past 10 years still had valid licenses. The more DUIs a person has, the more likely he is to get arrested again, according to a DMV report.
For motorists with one to three drunken-driving charges, it is relatively simple to get back their driver's licenses. They have to pay a fine up to $1,000, take a class on the dangers of driving under the influence and possibly serve jail time. First-time offenders lose their licenses for four months and a third-time offender is without driving privileges for three years.
The hurdles for repeat offenders increase as the person's number of convictions grow. Four drunken-driving charges in a decade translates into at least four years without a license and five if someone gets hurt, said San Mateo County deputy district attorney Peter Lynch.
The offender must also pay higher insurance rates and a judge might order him to install an ignition interlock device on his vehicle. That device forces drivers to blow into it before they can turn on their car. If the driver is over the limit, the vehicle won't start.
"A lot of them just never get all of that done," Lynch said, referring to people with multiple convictions.
Mendoza said authorities can revoke the license of a repeat offender that they believe is an alcoholic. However, because alcoholism is considered an illness and medical privacy laws prohibit the release of a person's records, it is not clear if Simon was considered for this type of revocation.
Yet multiple offenders still get back their driving privileges. According to DMV statistics,y67 1,169 licensed California drivers had five or more DUI convictions in 2006.
"We're talking about issues where there is a human life at stake and yet we don't have a law," said Beverly McAdams, director of the Bay Area chapter of Mothers Against Drunk Driving. "We have a Three Strikes Law for much less serious offenses."
Yee said he will look into the problem, but admitted a Three Strikes-type law that would automatically revoke the license of multiple DUI offenders could be difficult to pass and any change is likely to be years away.
"The judges and prosecutors hate us meddling with their discretion," he said.
Victims' right advocates point to a pilot program that takes effect in July in Alameda, Los Angeles, Sacramento, and Tulare counties that will make it harder for those already convicted of drunken driving to do it again.
McAdams said a bill signed into law in September requires people convicted of DUI, even first-time offenders, to have an ignition interlock device put on the car they own or drive in the four counties taking part in the pilot program.
Authorities said the law could reduce the number of people that drink and drive, even when they don't have a license.
"People who lose their license continue to drive," McAdams said. "We have to physically keep these people off the road."


Source

Wednesday, October 28, 2009

Stallworth sentenced to month in jail

MIAMI -- Cleveland Browns wide receiver Donte' Stallworth began serving a 30-day jail sentence Tuesday for killing a pedestrian while driving drunk in Florida, a punishment made possible by his cooperation with investigators and the fervent wish by the victim's family to put the matter behind them.

Stallworth, 28, received the sentence after pleading guilty to a DUI manslaughter charge for striking and killing Mario Reyes while driving drunk March 14 in his black 2005 Bentley. The athlete also reached a confidential financial settlement with the family of the 59-year-old construction worker.

Without the plea deal, the DUI manslaughter conviction could have netted Stallworth 15 years in prison. After his release from jail, he must serve two years of house arrest and spend eight years on probation. The house arrest provisions will allow him to resume his football career, his attorney said.

NFL spokesman Greg Aiello said the league is reviewing the matter for possible disciplinary action. Stallworth could face suspension without pay for some games this year.

Leonard Little of the Rams pleaded guilty to involuntary manslaughter after he hit and killed a woman while driving drunk in 1998 and served an eight-game suspension, though the punishment was doled out when the league was a bit more lenient.

The Browns also said they were evaluating the situation, saying they were "very conscious of the seriousness of the charges" to which Stallworth pleaded guilty.

Stallworth's attorney, Christopher Lyons, said the financial settlement was only one factor in the plea agreement. He noted that Stallworth stopped immediately after the accident, called 911 and submitted to roadside alcohol testing despite spending most of the night drinking at a swanky Miami Beach hotel.

"He acted like a man," Lyons said. "He remained at the scene. He cooperated fully."

Stallworth told Miami-Dade Circuit Judge Dennis Murphy that he hopes to get involved in drunken driving education programs.

"I accept full responsibility for this horrible tragedy," said Stallworth, who was accompanied at the hearing by his parents, siblings and other supporters. "I will bear this burden for the rest of my life."

Stallworth also must undergo drug and alcohol testing, will have a lifetime driver's license suspension and must perform 1,000 hours of community service. Lyons said after five years, Stallworth could win approval for limited driving such as for employment.

Miami-Dade State Attorney Katherine Fernandez Rundle echoed Lyons in citing Stallworth's lack of previous criminal record, cooperation and willingness to accept responsibility as factors in the plea deal. Rundle also said the Reyes family -- particularly the victim's 15-year-old daughter -- wanted the case resolved to avoid any more pain.

"For all of these reasons, a just resolution of this case has been reached," Rundle said.

None of the Reyes family attended the hearing. Their attorney, Rodolfo Suarez, read a statement saying the family wants to "bring closure to this emotional and tragic event." Suarez did not respond to an email seeking comment.

After a night drinking at a bar in Miami Beach's Fountainebleau hotel, police said Stallworth hit Reyes, a construction crane operator who was rushing to catch a bus after finishing his shift around 7:15 a.m. Stallworth told police he flashed his lights in an attempt to warn Reyes, who was not in a crosswalk when he was struck.

Source

Thursday, October 15, 2009

OCEANSIDE: CHP commander retires after 37 years

OCEANSIDE -- Capt. Dave Webb's biggest challenge as commander of North County's California Highway Patrol office came early on. Within 18 months of his assuming the role in early 2000, two officers were killed by motorists on Interstate 5, devastating his squad, he said.
Slowly, the pain subsided.
"You get through it eventually -- you never forget them," said Webb, 60, who retired Monday after 37 years with the CHP and the last nine as commander in Oceanside.
Nearly a decade later, Webb knows the day and location they each died.
CHP Officer Sean Nava was struck and killed on duty Oct. 28, 2000, while at an accident scene near Tamarack Avenue in Carlsbad. Officer Steven Linen was also struck and killed while on duty near Leucadia, on Aug. 12, 2001.
No other North County CHP officers have died under Webb's watch. There have been, however, several major injury crashes involving his officers, and numerous civilians killed on local roadways, Webb said.
"Since I've been here, hundreds have been killed, unfortunately," the Vista resident said. "It's not like a plane crash. It doesn't happen all of a sudden."
Death and injury remain a constant for CHP officers, the commander noted. The state job is the sixth most dangerous nationwide among law enforcement agencies for on-duty deaths, he said.
Webb credits a strong and skilled staff of 82 patrol officers and 20 support staff for brightening his job and keeping motorists safe.
The North County patrol officers cover roughly 1,000 square miles, from the northern San Diego city limits to Riverside County and from the beach cities east to Valley Center.
He cited the Highway 76 corridor east of Interstate 15 as one that's quickly become among the most dangerous in the region. Nine fatal wrecks have taken place in the Valley Center and Pauma Valley areas this year alone, he said, adding several were on or near the 76. That's one-third of the total fatal wrecks for the North County, Webb said.
A state DUI enforcement grant will bolster patrols in that area in August, he said.
Webb plans to stay in his Vista area home once he retires. He and his wife of nearly 40 years, Bernadette, have three grown children and eight grandchildren. The commander said he hopes to see more of all of them in retirement.
Reflecting on his career with the CHP, which began with patrol duty in Blythe and led to stints as an academy training officer and later as head of internal affairs for the agency in Sacramento, Webb said he'll miss the people the most.
"I've had a great career. I don't have regrets," Webb said. "It's a really good squad here, really good people."

Source

Monday, September 28, 2009

California Supreme Court rules unanimously to balance the scales of California drunk-driving defense.

In a ruling late last week, the California Supreme Court found that California drunk-driving defendants are now entitled to challenge blood-alcohol findings based on the inaccuracy of breathalyzer results. This ruling effectively weakens many prosecutorial cases by allowing the DUI defense to "rebut the presumption that he was under the influence".
Following recent rulings in other states, the California Supreme Court found the formula for converting breath to blood-alcohol levels to be inaccurate in many cases. Factors including medical condition, gender, temperature, the condition of the device itself, even atmospheric conditions may all be taken into account when defending against a drunk-driving charge.
Under current California law, a suspected drunk-driver is required to submit either a blood test, which measures the amount of alcohol in the blood, or a breathalyzer test (refusal can result in automatic suspension of driving privileges). Alcohol levels in a breath sample are converted mathematically to determine BAC. In California, a person is legally too drunk to drive when his/her blood-alcohol level is 0.08% or higher.
"The question is whether a defendant who has a blood-alcohol concentration of 0.08% or more measured by breath is entitled to rebut that presumption that he was under the influence" Justice Carol A. Corrigan wrote. The court's answer to that question was an overwhelming "Yes".
"Evidence casting doubt on the accuracy of the breath-to-blood conversion ratio is just as relevant as other evidence rebutting the presumption of intoxication from a breath test result, such as evidence that the defendant had a high tolerance for alcohol or performed well in field sobriety testing," Corrigan also wrote.
To determine whether this new ruling could impact the outcome of your drunk-driving case, consult an experienced DUI attorney.

Source

Tuesday, September 15, 2009

Taylor lifts Mercury past Storm in OT

SEATTLE -- Penny Taylor scored seven points of her 18 points in overtime, including a key 3-pointer with 1:03 remaining, to lift the Phoenix Mercury to a 101-90 over the Seattle Storm on Tuesday night.

Diana Taurasi scored 19 points to lead Phoenix (16-6), which has won 10 of its last 12 to take a three-game lead over Seattle in the Western Conference. Cappie Pondexter added 16 points, Temeka Johnson had 15 and Tangela Smith 14 for the Mercury, who are one of just three teams in the league with a winning road record (7-4).

Tanisha Wright scored a season-high 25 points and Camille Little had 20 to lead the Storm (12-8). Lauren Jackson added 18 points, Sue Bird had 13 and All-Star game MVP Swin Cash 12. Jackson and Cash also had 11 rebounds each.

Phoenix appeared to have the game in hand with a 74-67 lead with 6:07 left in regulation until the Storm scrambled back.

Bird converted a three-point play with 1:15 left to pull Seattle to 81-78. After a miss by the Mercury, Little hit a tying 3-pointer with 44.7 seconds left.

Taurasi made three of four free throws to give the Mercury an 84-81 lead with 16.2 seconds left. However, Bird tied it with a 3 with 5.6 seconds remaining to send the game into overtime. Referees used replays to confirm the shot was a 3-pointer.

Jackson, averaging 19.1 points per game, was held without a field goal on four attempts in the first half. Cash, second on the Storm at 12.3 points per game, had just three points in the opening half.

Wright took over the scoring load by matching her previous season high of 21 before halftime. She made 7 of 11 attempts and was 6 for 6 at the line in the half.

Phoenix took a 32-28 lead on Temeka Johnson's 3-pointer at 6:16 of the second period.

A fastbreak 3 by Bird after a turnover by the Mercury started a 6-0 run to give the Storm a 34-32 lead.

Phoenix then went on an 11-0 run, sparked by back-to-back 3s by Kelly Mazzante and Taurasi with less than 3 minutes left.

Seattle chipped its way back. Jackson scored her first points of the half with a pair of free throws with 1.37 left. She had four at the break.

Wright closed the half with a three-point play with 7.8 seconds left as Phoenix held a 45-43 lead at halftime.

The Mercury won the teams' first meeting, 93-80, on July 1 in Phoenix. A few hours later, Taurasi was arrested on DUI charges and then served a two-game suspension before the All-Star game last month.


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