A group of high school students in Montgomery County, Pennsylvania, were recently presented with a story that ended tragically, one caused by underage drinking and driving. The death of a 16-year-old high school girl in a drunk-driving crash and the resulting prison sentence for the 19-year-old man who caused it hit home for the high school sophomores, causing them to think twice about their own invincibility.
]]> It was about 2 a.m. one night in March 2006 when the two teens celebrated a friend's birthday with a group of six other teens. Two cases of beer and a bit of marijuana later, the pair drove off in the man's car. But the man was intoxicated and as he rounded a corner, the girl tried to get out of the car. The car hit a curb and she crashed into a utility pole. She died instantly. As a result, the man was convicted of homicide by vehicle and served almost five years in prison.The presentation to the high school students, given by the Montgomery County district attorney, included a video explaining the details of this crash, along with statements from family members of the victim and the man who was convicted. The assistant district attorney reminded the students that these were kids just like them. "Everyday kids who made bad decisions," he said.
Many of the drunk-driving accidents involving underage drinkers happen due to several prevailing myths: "A little alcohol or marijuana won't hurt." "I'll be fine if I avoid major roads." Then there's the biggest one: "It'll never happen to me." No one anticipates being killed or convicted in a drunk-driving or distracted driving accident, but as the district attorney pointed out, none of us has control over the laws of luck and physics.
What we do have control over is the choice of whether to drive while intoxicated. Once the wrong decision is made, there may be no going back.
Source: Philly.com, "LM sophomores and Montco officials discuss drunk driving death," Josh Fernandez, May 10, 2012
]]>If not, a drug recognition expert from the Pennsylvania State Police promises to be able to tell you after you're pulled over. The state police force just added 20 DREs to its existing force of 80 DRE troopers; another 29 municipal officers are trained as DREs. Since the program went into effect in 2004, state police have performed nearly 6,000 evaluations of people suspected of being under the influence of substances other than alcohol. Furthermore, DUI drug arrests have more than doubled in Pennsylvania since the start of the program.
]]> The DREs receive special training to recognize signs of impairment from drugs, either instead of alcohol or in addition to it. They're also trained to determine what category of drug a driver might be using. And if you happen to be experiencing a medical problem when you're pulled over, a DRE officer is supposed to be able to differentiate between those symptoms and the effects of a drug that's causing impairment.You might wonder whether an officer can arrest you for taking a drug that's been prescribed by your doctor or purchased off the shelf at a pharmacy. The answer is yes, if it's causing you to have trouble driving. "Individuals need to be aware of how taking a particular drug will affect their body," says the commissioner of the Pennsylvania State Police.
Unlike with alcohol, however, there's no quick roadside test that can accurately measure your level of impairment. Because of this subjectivity, if you are arrested, you'll want to consult an attorney who's highly familiar with Pennsylvania's DUI laws and can provide a strong defense. Whether you're suspected of using an illicit drug, a prescription medication or a common cold medicine, an experienced DUI attorney will be able to examine every facet of your case and be well-equipped to fight for you in court.
Source: Occupational Health & Safety, "Pennsylvania Bolsters Drug Enforcement on Its Roads," May 9, 2012
]]>A Pennsylvania State Police trooper has been ordered to stand trial for his role in a collision that killed a 21-year-old man in February. The trooper, who was off-duty when the accident happened about 20 miles outside of Erie, has been charged with driving under the influence, vehicular homicide while DUI and involuntary manslaughter.
]]> The trooper told investigators he was on a fishing trip and had just had a meal and four light beers at a pub before heading back to his hotel on the night of the crash. He told a nearby resident who came to offer help that as he was driving, he suddenly looked up to find a vehicle heading toward him in his lane. In reality, police later said, it was the trooper who had crossed the centerline before colliding with an oncoming SUV. The driver of that vehicle was pronounced dead shortly after the crash.The neighbor who first responded to the crash said the trooper appeared fidgety and was shaking. Rescue workers said the trooper smelled faintly of alcohol, but at a hearing his attorney presented substantial evidence that he showed few outward signs of being intoxicated: He didn't slur his words and answered questions appropriately, and some responders said they didn't detect any alcohol on him. It wasn't until he was at the hospital two hours later that he provided a sample of his blood. Although the test showed a blood alcohol content of .13 percent, it may not be admissible in court because so much time had passed since the accident.
Initial findings like these play a crucial role in DUI cases. If you're accused of drinking and driving, you can be assured that investigators will take note of your words and your actions, before and after you're told you have the right to remain silent. While it's natural to panic and spill your words to first responders, it's in your best interest to instead confide in an attorney with experience in defending drunk-driving suspects.
Source: GoErie.com, "Trooper accused in Erie County fatal DUI faces trial," Lisa Thompson, May 8, 2012
]]>The law, which took effect March 8, prohibits drivers from using an interactive wireless communication device to send, read or write a text-based communication -- including text messages, email or social media updates -- while their vehicle is in motion. The ban doesn't include GPS devices, any systems or devices that are physically or electronically integrated into the vehicle, or devices that are attached to a mass transit vehicle, such as a bus or school bus.
]]> Violators receive a fine of $50, but won't get any points as a penalty and the violation won't be recorded on a noncommercial driver's record. Because the fine is relatively small and not damaging to a driver's record, those who are caught aren't likely to challenge a citation. But enough violations could affect a driver's insurance premium, and in an at-fault accident, a track record of those violations could come back to haunt someone.First, however, a driver has to be caught texting while the car is in motion. Police say that without being able to see exactly what a driver is doing, these activities can be hard to detect. And many similar activities, such as using an iPhone application, remain legal. The police chief of a Harrisburg- area township said he doesn't understand what makes texting more dangerous than scrolling through an address list on a cellphone to find a friend's number, but the latter isn't against the law. He thinks all handheld cellphone use should be banned.
There are cases in which police will make greater efforts to find out the truth. In a serious accident, you could be served with a search warrant or a subpoena for your cellphone records to determine whether you were text-communicating at the time of the crash. And police can conclude you were texting based on what he saw or what the driver or passengers admitted. But for the average violation, most officers aren't going to use these measures.
None of this means you should break the law, of course. It just might not be the safety measure Pennsylvania legislators were hoping for.
Source: PennLive.com, "Pennsylvania's no-texting law is difficult to enforce, police say," Matthew Kemeny, May 8, 2012
]]>First, it could be a good idea for parents to set strict rules prohibiting underage drinking before the children become teenagers. If children know parents are serious about a topic and will establish a punishment if the rule is broken, they are less likely to commit the act.
]]> Including a rule to never drink and drive or ride with a drunk driver could also prove to be effective. The website for Students Against Destructive Decisions has a physical form to print out that teens can sign, pledging to never drink and drive.One of the easiest and most reliable ways to prevent underage drinking is to alleviate the temptation. Not keeping alcohol in the home or securing it in a locked location can curb the desire to steal it.
Since peer pressure can be extreme for some teenagers, parents can help them provide valid examples not to drink and offer tricks to make it appear they are drinking with friends. Tricks include taking a glass of alcohol but not drinking it, and secretly dumping the liquid down a sink.
In addition, teens and parents can create a secret word or phrase for teens to use when they face peer pressure but are afraid of backing out in front of friends. This can alert parents that their child is in need of a ride or an excuse to leave a situation. This can help solidify trust and responsibility.
These tips can not only help high school teenagers, but underage students in college who attend parties and become tempted to drink to satisfy their peers.
Source: Inside Dateline, "Critical Tips on Teen Drinking and Driving," Michele Borba, April 22, 2012
]]>One of those situations came up in a court hearing for a woman who was accused of having a blood-alcohol level of .21 when she was pulled over and arrested in a neighboring state in January. The legal driving limit is .08. Her attorney argued that the breath test should not be considered valid because the woman was wearing a metal stud in her tongue. Just as in Pennsylvania, the state where she was arrested requires that no foreign materials be in the mouth when a person takes a breath test to measure blood-alcohol levels.
]]> The prosecutor agreed with the woman's attorney and recommended that the judge not consider the test. It's still possible to be found guilty without a blood-alcohol test, particularly one that relies on breath and not a blood sample. It's not clear what other evidence existed to convict the woman, but she pleaded guilty anyway. As a result, she was fined $256 and her license was suspended for three months. She was also assessed surcharges and court costs. Had the test been considered, she would have been subjected to a mandatory $300 fine and a seven-month license suspension, in addition to the other assessments.The tongue piercing defense won't necessarily stick everywhere, though. In 2005 the Indiana Supreme Court ruled that a stud in the mouth doesn't invalidate the results of a breath test. And if you undergo a blood draw to measure your blood-alcohol level, that test usually trumps the results of a breath test. But the time comes to consult an attorney about a DUI arrest, it never hurts to pull out all the stops -- and studs -- when questioning the methods police used to assess your level of impairment.
Source: Mount Olive Chronicle, "Tongue stud helps woman reduce drunk driving charge in Mount Olive," Phil Garber, April 30, 2012
]]>The man was drinking at a Pittsburgh bar one evening in December 2010. Prosecutors said he drank more than 3 liters of alcohol before being escorted out of the bar around 10 p.m. A few people said he shouldn't drive, but like many drivers who misjudge their own intoxication level, he got into his car anyway. He soon collided head-on with a car carrying a pregnant woman and her two daughters. The crash killed the older daughter, who was 7 years old, and injured her infant sister. The mother also suffered serious injuries. Her pelvis was shattered, leading to a miscarriage 10 days later.
]]> A breath test taken about an hour after the crash registered the man's blood-alcohol level at .219. Police said he was driving about 67 mph in a 25 mph speed zone when the crash happened.Most first-time DUI defendants experience profound remorse, particularly in cases that affect other people. At his first hearing, the young man sobbed the entire time. But that didn't prevent him from being convicted. He was sentenced to six to 12 years in prison on a charge of homicide by vehicle while DUI. Originally he faced a third-degree murder charge, but that was dropped in exchange for his guilty plea to the lesser charge.
One positive outcome of this case was the man's promise to the family of the victims that he would make it his mission to teach others about the dangers of drinking and driving. The young girl's mother said she forgave him for what he did, but hoped he would follow through on his promise to prevent others from making a similar mistake. Given his sentence and regret for his actions, his first DUI could very well be his last.
Source: Pittsburgh Post-Gazette, "Mother of girl killed in accident offers to forgive drunken driver," Paula Reed Ward, April 26, 2012
]]>The 48-year-old fire chief was charged with two counts of DUI and one count of reckless driving in November. He was stopped by a police officer after driving by the home of a woman who obtained a protection-from-abuse order against him. Police say that he appeared to be intoxicated and was given a test that showed his blood-alcohol level of .162 percent, more than twice the legal driving limit.
]]> But the man's attorney said the chief never should have been stopped because the PFA order didn't prohibit the man from driving by her home. If police hadn't stopped him, the lawyer argued, he never would have been arrested. The attorney added that statements his client made to police were "fruit of the poisonous tree" because he was in custody at the time and had not received a Miranda warning. The man allegedly told police he'd consumed a couple of drinks and had a medical condition that didn't allow him to take field sobriety tests.The defendant waived his right to a formal arraignment and entered a plea of not guilty.
Although most of us have watched enough TV crime dramas to know that we have the right to remain silent, a Miranda warning is much more than a formality on the part of the arresting officer. The stress and confusion brought on by an arrest often compel a suspect to provide a statement to police, who are not prohibited from asking questions even when they do read a suspect his or her rights. If this warning isn't provided, statements subsequently provided to police legally shouldn't be allowed, which could make a significant difference in this defendant's case.
Source: Go Lackawanna, "Yuknavich wants DUI case tossed," Sheena DeLazio, April 19, 2012
]]>At a conference this week in the nation's capital, representatives from MADD and an insurance company presented a report from the U.S. Public Health Service's Substance Abuse and Mental Health Services Administration that said just over 25 percent of teenage drinkers get their alcohol from parents and other family members. And a GfK Roper Youth Report found that 74 percent of kids ages 8-17 say their parents are the No. 1 influence on their choice of whether to drink.
]]> It's not uncommon for parents to try to give their children a social boost by offering to buy alcohol for them or even host a party where drinking is allowed. Some mothers and fathers also want to score points with their children. If I let him drink, some parents reason, he'll trust me instead of doing things behind my back.But allowing and encouraging underage drinking may be setting your child up for trouble with the law. Teenagers' decision-making abilities continue to develop into their early 20s; until then, they're neurologically programmed to make bad choices, and you may not be there when your son or daughter is charged with DUI or underage drinking. Perhaps even worse, you could be present for the arrest, in which case you risk a charge of providing alcohol to minors.
There are plenty of ways to bond with your kids, even during that rebellious stage. But to avoid criminal charges -- or worse, injury or death from an accident -- it's probably best to keep alcohol out of the picture.
Source: U.S. News & World Report, "Report: A Quarter of Teen Drinkers Get Alcohol From Family," Laura McMullen, April 18, 2012
]]>The program was created in the 1980s as a way to move some cases more quickly through the court system without threatening public safety. That's why it's largely reserved for first-time and non-violent offenders. The requirements are similar to probation, with the possibility of classes for some offenses. If you violate the terms, your original charges are reinstated and you could be convicted and sentenced for them. But if you successfully complete the program, your record will be expunged.
]]> The ARD program is popular, and with good reason. But it also comes with a cost, which varies depending on the offense in question. All those admitted into the ARD program are required to pay for it. If you don't have the money, the court will usually try to help you come up with a way to afford it. But the approaches vary from county to county.Case law says defendants can't be denied entry into ARD for lack of money. But that doesn't mean you can simply tell the court you're broke and be given a pass. Only two counties in the state, Bucks and Montgomery, have policies to waive program fees for the poor, and you'll need to adequately demonstrate your financial hardship.
Many counties offer payment plans for ARD costs. If participants fall behind but demonstrate that they're willing to continue participating -- and paying -- they'll be given more time. Some administrators will even try to help participants find jobs to pay for the program. The key, ARD administrators say, is making it a priority. "You'd be surprised with how many people, when faced with not getting into the program, are able to come up with the money," says one administrator.
The ARD program doesn't come cheap, but neither does a conviction. If you're accused of a crime and want to learn more about alternatives like ARD, a criminal defense attorney can help you determine your eligibility and whether it's the right move for you.
Source: The Morning Call, "In ARD program, justice comes at a cost," Riley Yates, April 14, 2012
]]>But a driver in Brookfield, Pennsylvania, did just that last week as a state police trooper attempted to pull him over. The trooper was monitoring traffic when the car raced by at 86 mph, according to news reports. He followed the car and signaled for it to pull over, but the driver failed to stop. His sister was in the front seat and urged him to pull over, but he continued to drive at speeds of up to 100 mph, she said. She later told police she closed her eyes, certain she would die when the car crashed.
]]> It was only when another police car from a local department passed by the speeding car that it stopped. The trooper removed the driver at gunpoint and read him his rights, after which the 27-year-old man admitted to knowing the trooper was trying to pull him over, but "he just ran." His Connecticut driver's license had been suspended and he'd had alcoholic beverages, he said.Now in addition to charges of DUI and driving on a suspended license, he faces six more charges related to the fleeing attempt, including fleeing or attempting to elude a police officer, reckless driving and driving on divided highways -- for allegedly driving on the grass median.
As frightening as it can be for a police officer to pull you over in your car, rest assured that facing an extra handful of charges in court for failing to stop is even scarier.
Source: Brookfield Patch, "Brookfield Driver Leads PA Troopers on 100 mph Chase," Jack Tobias, April 10, 2012
]]>Recently we discussed the case of a young man who died after attending an underage drinking party. The 18-year-old lay passed out on the floor of a home for hours before two other partygoers finally took him to a hospital. Under Pennsylvania's Medical Amnesty Law, other underage drinkers at the party could have called 911 for emergency help immediately without fear of criminal prosecution.
]]> Enacted in September 2011, the Medical Amnesty Law allows underage drinkers to call 911, police or another emergency service to get immediate medical attention for someone with a life-threatening, alcohol-related condition in exchange for legal amnesty; in other words, they won't face criminal charges. The caller must reasonably believe he or she was the first person to call for emergency services, provide his or her name and stay with the person in trouble until help arrives.Even though the law has the potential to save lives, it's not very well known, even at many police precincts. Many police chiefs in the state said they'd never heard of anyone using the law, probably because most people don't know it exists. Some school principals are aware of it, but many hadn't shared the information with students. "We're definitely aware at the high school," said one principal, but admitted the school had "not done anything to let the kids know. That would be a district decision."
What about cities and school districts claiming to have a zero-tolerance policy for underage drinking? Some police chiefs said a call for emergency services might result in a minor citation or a call to the underage drinker's parents, but not an arrest. While it would be ideal if young people had nothing to fear when seeking help, if the call saves a friend's life, getting grounded should be well worth it.
Source: The Times Herald, "Medical Amnesty Law provides underage drinkers who call 911 to save lives," Linda Finarelli, April 9, 2012
]]>The proposal is the subject of a study included in a pending U.S. Senate version of the federal transportation bill. There currently is $10 million set aside over a five-year period for research into whether it would be viable to have all future vehicles include alcohol-detecting technology as standard equipment. The Senate bill would supercharge that research project by adding an additional $24 million in funding over the next two years alone.
]]> Some object to the idea, calling it unfair to punish people who have not been accused of anything, let alone convicted. If such technology were standard, every motorist might have to blow into a breath device each and every time they want to start their car. Additionally, this burden would feel even greater if from time to time, the technology didn't work, leaving motorists stranded with inoperable vehicles even if they haven't been drinking.Beyond that, there is the possibility that any technological solution won't really be workable. Technological means of bypassing such devices might become widespread if all motorists faced a daily burden of trying to start their cars in this manner.
Source: Los Angeles Times, "Should future cars curb drunk drivers" Dan Turner, March 28, 2012
]]>A teacher in Mount Carmel Township, Pennsylvania, has been arrested and accused of engaging in behavior that wasn't only illegal, but actually caused harm to students. Police suspect he was driving drunk when he caused an accident last week that injured five students.
]]> Three of the students were walking and another two were riding bicycles in front of an elementary school when the teacher struck them with his SUV. Police say he continued driving after the accident with one of the bikes still stuck in the grill of his Jeep. The students were taken to a hospital, where two of them were treated and released. The other three remained there, one in serious condition.The teacher has been charged with five felony counts of accidental death or personal injury, five counts of assault by motor vehicle while under the influence, felony flight to avoid apprehension, and five misdemeanor counts of reckless endangerment. Police added that the man had two open beers with him when he was arrested, resulting in a charge of driving under an alcohol restriction. Pending toxicology tests could add yet another charge of driving under the influence.
The teacher's arrest could have far-reaching consequences both for his criminal record and his career. But you don't have to be in a position of authority to lose your job after a drunk-driving arrest. For anyone charged with a DUI or other serious traffic violation, it's imperative to seek out an attorney with specific, proven experience in the defense of drunk driving and related crimes.
Source: CNN, "Pennsylvania teacher accused of drunk driving, striking 5 high school students," John Fricke and Michael Martinez, March 29, 2012
]]>According to the police chief of Cecil Township, police and paramedics were called to a home after a woman was injured in a fight with her boyfriend. The fire chief arrived at the home in a department-owned pickup truck and went inside. The medics and officers already there noticed the chief was unsteady on his feet, had slurred speech and glassy eyes, the police chief said. They asked him to leave and he went out to his truck to drive away.
]]> But officers then asked him to get out of the truck for a sobriety test, which the police chief said he failed. After being driven to the police station, he took a breath test that indicated his blood alcohol level was more than three times the legal driving limit, police said. Officers then drove him home and he was charged through a summons.The fire chief resigned not long after he was charged. According to court records, he was also charged with DUI Jan. 28 in nearby North Strabane. His attorney described the chief as a "model firefighter" for at least 20 years who at times worked alongside his brother and father. There appear to be no other criminal charges on his record.
The chief's two DUI arrests within a few months suggest he's struggling with alcohol abuse issues that are relatively new. His defense attorney said the chief was looking into alcohol treatment programs, which is a positive step for anyone charged with a drunk-driving offense. Enrolling in alcohol treatment not only decreases your chances of getting another DUI, but it also shows the court that you're ready and willing to make a change in your behavior, which could persuade a judge to hand down a lighter sentence or recommend an alternative sentencing program that keeps the DUI conviction off your record.
Source: Post-Gazette.com, "Volunteer fire chief in Washington County charged with DUI," Moriah Balingit and Liz Navratil, March 20, 2012
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