News and Events:

2009-06-24
DUI Murder Of MLB Pitcher
Los Angeles pitcher Nick Adenhart and two others died in a drunken driving accident. The man charged with the deaths of these three people h ...

2009-06-24
Cyclist Killed in Suspect DUI Crash
A man from Cape Coral who was involved in an accident that resulted in the death of a bicyclist was arrested Monday.  He could barely stand ...

2009-06-24
Five injured after DUI Crash
An accused drunk driver was responsible for an accident on Highway 5 that resulted in five people being hospitalized Friday night. The su ...

Archive for November, 2008

Police Officer Arrested for DUI in Florida

Tuesday, November 18th, 2008

Earlier this month, Christopher Sutherlin, a New Port Richey Police Officer was involved in late night crash in Florida. He has been accused of fleeing the accident because he was driving while intoxicated, and has recently resigned from the police force.

The New Port Richey police officer is facing charges of Driving Under the Influence in Pasco County, Florida following the hit and run accident. Christopher Sutherlin, was officially off duty at the time, and slammed into the back end of a 2005 Ford pick-up truck with his 2006 Nissan pick-up on U.S. 19 north of Main Street. The crash occurred around 3:00 am when he tried to flee the scene. The off-duty officer did not get very far though because of heavy damage to the front end of his vehicle. Sutherlin, and the passenger in Sutherlin’s vehicle, as well as the driver of the Ford truck were all slightly injured.

Florida Highway Patrol officers responding to the accident knew Sutherlin, so they accordingly called for a Hernando County trooper. According to the arrest report, Sutherlin refused to perform field sobriety tests because of a back injury. His blood alcohol content registered .148 and .151 in two breath tests. The legal limit for intoxication in Florida is a .08 BAC.

The 30-year-old had worked a political rally and then went off duty about 9:00 pm. He was charged with a DUI in Florida, two counts of DUI with personal injury, DUI with property damage and leaving the scene of an accident involving injuries. Sutherlin has been with the New Port Richey police department for ten months and is further being placed on paid administrative leave pending an internal investigation. Interestlingly enough, the investigation is involving Officer Joseph Pascalli, who was riding with Sutherlin at the time of the crash.

Sutherlin, 30, cited recent events and personal reasons in a letter Tuesday to Chief Martin Rickus. His resignation was effective immediately.

Sutherlin, who had been on the job less than a year, got off work about 9 p.m. Oct. 27. Early the next morning, he rear-ended a pickup on U.S. 19 north of Main Street and sped away, the Florida Highway Patrol said. The pickup’s driver followed until Sutherlin was forced to pull over because of front-end damage to the Nissan pickup he was driving, FHP said.

Troopers arrested Sutherlin on charges of leaving the scene of an accident and later gave him a Breathalyzer test, which registered blood alcohol levels of 0.148 and 0.151 blood-alcohol level. Florida law presumes a driver impaired at 0.08.

Altogether, he faces charges of DUI, two counts of DUI with personal injury, DUI with property damage and leaving the scene of an accident involving injuries.

The police department began an internal investigation of the incident, which also involved Officer Joseph Pascalli, who was riding with Sutherlin.

Lt. Scott Baker said the investigation of both officers’ conduct will continue. Pascalli, who had been part of the department’s DUI unit, is now working the midnight shift on patrol.

Sutherlin had accrued 72 hours of unused vacation time, which will be paid out to him for a total of about $1,300.

Joshua Vitori, who was driving the pickup Sutherlin struck, suffered minor injuries. Vitori, 26, is a former paramedic for Pasco County. He also resigned from his job last week, following his arrest Oct. 25 on accusations he stole $300 from a patient in his ambulance.

Murder Suspect Involved in Deadly DUI

Tuesday, November 18th, 2008

A Long Island man facing trial for the fatal beating of a Chelsea clubgoer was accused of additional fatalities in a recent drunk driving accident. The accused murder suspect was heavily intoxicated and drove his SUV into a livery cab, killing the driver and her passenger.
The horrific accident occurred on November 16th, around 3 a.m. in Astoria, Queens. The drunk driver, Daryush Omar, blew right through a red light in his 2004 Range Rover and hit the livery cab dead on, according to police sources.

The driver of the livery cab,Bessie Velasquez, a 41-year-old single mom working two full-time jobs to support her two teenage girls, and passenger Panayiota Demetriou, 30, a child psychologist at Brookdale University Hospital, were lost in the accident.

Many close associates in Fort Greene, Brooklyn are enraged that the killer of Valasquez was free even though facing murder charges. “It’s shocking. I can’t even believe what is going on,” said neighbor Joanna Colon. “It’s a terrible loss for the children because she was such a great mother to them. She would do anything for her kids.”

“Anything,” for Velasquez, a Honduran immigrant, included working a day shift cleaning planes at La Guardia Airport, then driving the cab at night.

Omar, a 24-year-old, was charged with vehicular manslaughter and other crimes, according to a spokesperson for Queens District Attorney Richard Brown. He was driving with a suspended license, sources said. Police sources say that Omar confessed to having at least two drinks at a nightclub, and that he failed a breath test.

In May 2006, Omar and two friends accosted financial analyst Thomas Whitney outside the West 19th Street hotspot Spy Lounge. They allegedly beat him to death with a steel pipe and stole his wallet.

Omar, of Plainfield, LI, has been free on his own recognizance since Feb. 9, 2007.

Giants Player Charged With DUI

Tuesday, November 18th, 2008

Kareem McKenzieYour browser may not support display of this image., right tackle for the New York Giants, was arrested Thursday night for driving under the influence in Little Falls Township, N.J.

Lt. Salvatore Calafiore of the Little Falls police department said the 29-year-old was stopped at about 9:30 p.m. after cutting through a gas station on Route 23 and Main Street. McKenzie was found to be extremely impaired. The officer issued him a Breathalyzer test and found he was above the legal limit of .08. McKenzie was reportedly very cooperative while he was being arrested by Police. His car was also impounded.

To many, McKenzie seemed like one of the least likely Giants to find himself in conflict with the law and this is believed to be his first offense of any kind. He has attended practice since the charge and the Giants intend to have him start on Sunday against the Ravens. According to the NFL’s Personal Conduct policy, Mackenzie will be subject to many league-mandated penalties, as well as a substance abuse and treatment program. A second offense, or if the Commissioner deems the violation to have “aggravating circumstances,” usually involves a suspension.

“We are aware of the situation with Kareem,” Coach Tom Coughlin said. “I spoke to him this morning. He is extremely remorseful. The legal process will take its course, and the league will handle this matter. Nobody will be harder on Kareem than Kareem himself.”

He has been part of an offensive line that has started the past 25 regular-season games in unison and is regarded as one of the best units in the league. McKenzie is backed up by Kevin Boothe, who has played only a handful of snaps at tackle this season.

McKenzie, in a statement released by the team, said: “I spoke with Coach Coughlin and (GM) Jerry Reese this morning and expressed my remorse….I am prepared to deal with the consequences of that situation from both a legal standpoint and as a player in the National Football League.”

DUI Cases May Get the Boot Due to Unreliable Breathalyzers

Wednesday, November 12th, 2008

Over a decade ago, 3,000 drunken-driving prosecutions in Tucson were dismissed in one day - about 5,000 cases within a few months - because the breath-test device that said the drivers were drunk was deemed unreliable.

This month, a popular breathalyzer, the Intoxilyzer 8000, may be ruled unreliable. The numbers from over a decade ago could easily be surpassed if one of the current alcohol detectors in Arizona, the Intoxilyzer 8000, is found to be unreliable, a leading driving under the influence defense attorney said.

According to Tuscon lawyer James Nesci, “This is going to be huge,” because the current machine is widely used statewide as opposed to the older device, which was used in Tucson and at a smaller agency in the state.

Despite court orders across the country, CMI has declined to divulge the code, which defense attorneys say will show that the device is error-prone. According to the records, the company has racked up more than $1 million in fines by refusing to comply with a similar Florida court order.

CMI President Toby Hall didn’t return phone calls for comment. When Bernini first ordered CMI to release the code, Nesci said a process server couldn’t get Hall to accept the court order.Last month, Bernini told prosecutors to get the source code from CMI. Deputy County Attorney Robin Schwartz told Bernini that she didn’t think the state could force CMI to reveal the code. Bernini also set a Nov. 24 hearing for Hall to appear and explain why she shouldn’t hold him and CMI in contempt for refusing to comply the orders.

In the mid-1990s when defense attorneys challenged the integrity of the RBT IV breath test machine, manufactured by Intoximeters Inc., based in St. Louis. Over time, prosecutors agreed that the device was faulty, which led to 3,000 cases being dismissed at once in 1997 and the total number thrown out about 5,000, Nesci said.

Major Injuries and Death in Cresent City DUI

Wednesday, November 12th, 2008

A 29-year-old Californian woman was killed and two others were seriously injured in a suspected drunk driving collision in Crescent City, California over this past weekend. According to information from the California Highway Patrol, 38-year-old Michael Jones, and the victim Jolynda R. Peters, were in Jones’ 1993 Honda Prelude driving southbound on Parkview Drive. Michael Jones was in the driver’s seat and Jolynda R. Peters, the victimized 29-year-old, was sitting in the passenger seat at the time of the accident.

At around 9:20 p.m. this past Sunday night, the car collided with a Ford Ranger which was attempting to make a right turn into a driveway. Jones had apparently been driving at high speeds at the time of the car accident. The force of the impact pushed the 1997 Ford Ranger off the road, and into an adjacent ditch. Both Jones as well as the driver of the Ford, 59-year-old Ivan Beckendorf, was severely injured in the car accident. Jones and Beckendorf were transported to Sutter Coast Hospital for treatment, CHP reported. They were later flown to Mercy Hospital in Redding. Peters suffered major injuries, and was later declared dead at the scene of the accident.

Both the injured men were taken to the hospital for treatment of their injuries, and were later transported by way of air to Mercy Hospital in Redding. Tests revealed that Jones was under the influence of alcohol at the time of the car accident. Jones reportedly required extensive medical treatment and was released from custody to the hospital. According to the California Highway Patrol, he was arrested on charges of vehicular manslaughter, and allegedly for driving under the influence of alcohol, causing injury or death to other persons involved. The California Highway Patrol is continuing to investigate the case until further details are revealed for legal measures.

A DUI Accident Awards $5 Million in Personal Injury

Wednesday, November 12th, 2008

In Massachusetts, a Superior Court of Essex County jury has ordered the 99 Restaurants of Boston and Haverhill resident David Kvinlaug to pay a woman of Quincy $5 million dollars for personal injury related to a drunk driving accident. In 2003, Laurie Clifford lost her arm in the accident. Kvinlaug was driving the car that Clifford was also riding in, and then plead guilty to driving under the influence, which led to serving 90 days in jail.

On May 18, 2003, residing bartenders at the Ninety Nine Restaurant & Pub in North Andover reportedly served Kvinlaug, who also worked at the restaurant as a line cook. David Kvinlaug was off-duty at the time, and consumed the equivalent of 11 12-ounce beers under a 2 hour period of time. He was 32-years-old at the time and reportedly had a few more drinks at a party before driving his vehicle into a school bus that was parked on Chadwick Street.

Clifford and another unmentioned passenger were in the car when the accident happened. Clifford’s arm, which was almost severed in the catastrophic accident, had to be amputated following 30 excruciating surgeries to try repairing her arm.

The 99 Restaurant chain had argued that the 33-year-old woman was partially at fault for her injuries because she was aware of Kvinlaug’s intoxication when she got in the car with him. While the jury acknowledged that Clifford acted negligently when she got into the car with a drunk driver, they found that the restaurant chain was five times more negligent because it served Kvinlaug too much alcohol.

Last week the Essex Superior Court jury ordered 99 Restaurants and Kvinlaug to pay $3.2 million in damages plus an additional $1.8 million in interest. Judge Frances McIntyre, however, ordered that Geno Barone, the person who hosted the party that Kvinlaug and Clifford attended, would not have to pay Clifford damages.

DUI Kills Driver in Fresno

Wednesday, November 12th, 2008

Yet another life was claimed by driving under the influence on the west coast. This past weekend an intoxicated driver died while on a public road. The accident occurred in Fresno, California on Highway 180 east of Grantland Avenue in Fresno County. The driver, Luis Alvarado was driving his 1994 Pontiac Grand Am at about 70 miles per hour on Saturday Evening.

According to California Highway Patrol officials, the 31-year-old driver was exhibiting severe signs of intoxicated driving by driving erratically between lanes and crossing lines, according to an eye witness. The victim’s car was weaving and crossed the center line and struck a westbound 2003 Chevrolet Tahoe driven by Carvell McCalister, 27, of Kerman. The Tahoe contained three additional passengers, including two young children who were restrained in their car seats. The adult driver of the Tahoe and the passenger in front suffered minor injuries, and were immediately rushed to the nearest hospital. McCalister received moderate injuries, as did a passenger of his, Marylou Acosta, 32. A third passenger, Jaden Wafer, 3, had minor injuries, and a fourth, Caryell Wafer, 5 months, was uninjured. All were Kerman residents. All of the injured were treated at Community Regional Medical Center.

Luis Alverto’s vehicle also contained an adult female, as well as a 3-year-old child. Officers said two other people in the victim’s car suffered major injuries. They were identified as Bertha Castellanos, 35, of Fresno, and Robert Ramirez, 5, of Mendota. Luis Alvarado’s vehicle took the brunt of the impact, and died at the scene of the car accident. All were wearing seat belts, as was the victim, whose airbag deployed but did not save his life. The officers said they believed the victim had been drinking and that that was a factor in the collision.

Roseville Police Receive $100,000 to Combat DUI

Wednesday, November 5th, 2008

The California Office of Traffic Safety (OTS) has awarded the Roseville Police Department a $100,000 grant to combat DUI- and drug impaired driving. Funding for the grant comes from the Office of Traffic Safety, through the National Highway Traffic Safety Administration. The grant kicked off October 1 and will run through September 30, 2009, providing overtime and equipment for sobriety checkpoints, DUI saturation patrols and DUI warrant sweeps.
According to the Roseville Police Chief Mike Blair, “Roseville is a safer place to drive because of OTS’s continuing support. Fewer people are being injured in traffic collisions. But we are still very concerned about impaired driving, and we’re strongly committed to combating DUI through aggressive enforcement and education.”
Over the past few years (specifically between 2003 and 2007), total fatalities and injury collisions have decreased seven percent, even while the over all population of the city has increased 14%.
Despite the decrease in fatalities and injury collisions, alcohol and drug-impaired driving is still a major problem locally. DUI-related collisions have increased four percent from 2003 to 2007, and 923 suspected drunk drivers have been arrested in 2007, a 52% rise from 2003. In this same five year period, six people were killed and 276 were injured by drunken drivers. The support of City Council and supplemental funding from the Office of Traffic Safety will help Roseville Police battle the problem with full time DUI enforcement officers, frequents sobriety checkpoints, special DUI patrols, and educational programs, such as holding actual DUI trials on high school campuses, to combat the problem.
“Impaired driving is a serious crime that kills and injures thousands every year in California,” said Christopher J. Murphy, Director of the Office of Traffic Safety. “This grant will help get drunk drivers off the roadways of Roseville, making it safer for everyone.”

Report Reveals High Rates of DUI for Some States

Wednesday, November 5th, 2008

According to SAMHSA’s National Survey on Drug Use and Health, in 2006 an estimated 30.5 million persons about the age of 12 have reported driving under the influence of alcohol at least once in the past year and 10.2 million have reported driving under the influence of illicit drugs during the past year.

Illicit drugs included:
• Marijuana/Hashish
• Cocaine
• Crack Cocaine
• Inhalants
• Hallucinogens
• Heroin
• Prescription-type drugs used for other purposes

A combined data from SAMHSA’s 2004 to 2006 National Surveys on Drug Use and Health were used to produce average annualized data on driving under the influence of alcohol or illicit drugs in the past year for each State based on self reports by adults aged 18 or older. According to these surveys, 15.1% of adults had driven under the influence of alcohol in the past year and 4.7% had driven under the influence of illicit drugs.

The States with the highest rates of “driving under the influence of alcohol” in the past year for adults 18 years or older were…
1. Wisconsin (26.4%)
2. North Dakota (24.9%)
3. Minnesota (23.5%)
4. Nebraska (22.9%)
5. South Dakota (21.6%)

The highest rates of “driving under the influence of illicit drugs” in the past year for adults 18 years or older were…
1. District of Columbia (7%)
2. Rhode Island (6.8%)
3. Massachusetts (6.4%)
4. Montana (6.3%)
5. Wyoming (6.2%)

According to the National Highway Traffic Safety Administration (NHTSA), there were almost 16,700 deaths in 2004 caused by accidents related to driving under the influence of alcohol. Overall, driving under the influence of alcohol and illicit drugs is among the leading sources of preventable death by injury in the United States.

“This report highlights the enormous public health risk posed by this problem – one threatening the lives of many Americans every day,” said SAMHSA Administrator Terry Cline, Ph.D. “By highlighting the scope and nature of this problem in each state we can help communities best use their efforts and resources to address this preventable menace.”

NY Yankees Pitcher Stopped for DUI

Wednesday, November 5th, 2008

Joba Chamberlain, pitcher for the Yankees, was stopped early Saturday morning on suspicion of DUI and was recorded of having a blood-alcohol level of 0.134, according to Lancaster County chief deputy attorney Joe Kelly. Aside from the blood-alcohol level, details of the stop and subsequent citation have not been made available to the media. Additionally, the legal limit in Nebraska is 0.08.
The chief deputy also stated that Chamberlain will be arraigned on December 17, although the Lancaster County attorney’s office will not file formal charges until three to four days prior to when he is scheduled to appear in court.

Deb Collins, a Nebraska State Patrol spokeswoman, said 23-year-old Chamberlain, was stopped around 1 a.m. on Saturday for speeding. He was clocked for speeding at approximately 71 mph in a 55-mph zone. A trooper smelled alcohol in the vehicle and spotted an open container on the front seat.

Chamberlain was not arrested but was issued a citation and then brought to the Cornhusker Place Detox. This center is located in Lincoln where allegedly drunken drivers are taken and then released in a short period of time.

According to Nebraska law, if a person is convicted for a first time of driving under the influence (a misdemeanor), there is a mandatory minimum of 7 days in jail, a 6-month license revocation and a $400 fine. One also can be sentenced to probation, which bears a minimum of a 60-day license revocation and a $400 fine. The maximum penalty is 60 days in jail, a 6-month license revocation and a $500 fine.

Yankees co-chairman Hal Steinbrenner, expressed his support for Chamberlain.”We’re behind him 100 percent,” Steinbrenner said at a Manhattan news conference to announce a joint venture between the Yankees and Dallas Cowboys. “He knows he made a mistake, and he’s come out and said that.

“We’ve always said that we’re an extended family: The Yankee family. And we will support him 100 percent with that.”

Joe Girardi, the Yankees manager, released a statement in which he said he had spoken to Chamberlain and that the pitcher “made it very clear to me that he made a mistake … We certainly don’t condone his actions, but he is part of the Yankees family and I believe he learned a valuable lesson which he can grow from.”