DUI Crime and Punishment

May 16, 2016

NJ Supreme Court: No Jury Trial for Repeat DUI Drivers

Under California law, drivers charged with DUI in Los Angeles have the right to demand a jury trial. That’s not the case in every state. In a May 12th ruling, the New Jersey Supreme Court said that defendants facing trial for repeat DUI driving charges should not be entitled to jury trials.

According to an article in the New Jersey Law Journal, the New Jersey Supreme Court justices decided 5-1 in State v. Denelsbeck that the penalties faced by drivers charged with third and subsequent DUIs face penalties are not serious enough to warrant jury trials. Those penalties include up to six months in jail as well as fines. The court stated that “the need for a jury trial is outweighed by the state’s interest in promoting efficiency through non-jury trials.”

May 9, 2016

Do Morgue Visits Deter Repeat Los Angeles DUI Arrests?

by Michael Kraut

Would someone arrested for a DUI in Los Angeles be less likely to offend again if he/she had to go to the morgue to see someone killed by a DUI driver?

In an article that appeared in Slade Magazine’s April 2016 issue, writer Hannah Waters reported on a program in Orange County, California, that allows a judge to order a DUI offender to visit the morgue. The program, which started in the late 1980s, reports that fewer than two percent of the drivers who participate face DUI charges again within 18 months. The National Highway Safety Administration, on the other hand, estimates that the national recidivism rate for DUI offenses is about 30 percent.

Waters spoke to a forensic psychologist about the program, who said that such programs could help offenders understand that they have caused (or could have caused) real harm. Seeing a DUI victim in the morgue could also help an offender empathize with the victim, so they remember the possible consequences the next time he or she considers driving after drinking.

April 29, 2016

Nebraska Supreme Court Reinstates Driver’s DUI Conviction

by Michael Kraut

Drivers who appeal their conviction for DUI in Los Angeles always hope that an appeals court will rule in their favor. A Nebraska driver had that wish come true—only to have the state’s Supreme Court overrule the appeals court, so his conviction still stands.

The Lincoln Journal Star reported on the case of 27-year old Adam Woldt, arrested for DUI in September 2013. A police officer had pulled over a truck that was traveling in front of Woldt’s vehicle, because the officer thought that truck had knocked over some traffic cones. Woldt said that the truck and the police vehicle, with its door open, were blocking the road, so he started backing up in order to drive around the two stopped vehicles.

April 13, 2016

Will 13th Strike Finally Get DUI Driver Out?

by Michael Kraut

Everyone knows that in baseball the rule is three strikes, and you’re out of the game. But life isn’t always like baseball, and drivers convicted multiple times of DUI in Los Angeles often get behind the wheel and pose threats to others. Of course, California isn’t the only state with this problem, as illustrated by a recent incident in Denham Springs, Louisiana.

Before March 19th, 53-year old Jeffrey Blough had managed to rack up 11 DWI arrests and eight DWI convictions between 1983 and 2016. He had served time in jail and in prison, and he was on probation for one of those DWI offenses, when he crashed his Black Suburban into another vehicle while driving in Denham Springs. Police arrested him for DUI and took him to the station. Somehow, though, they did not pick up the fact that he had a long history of similar offenses and convictions. They let him go after charging him.

April 5, 2016

Florida Judge Denies Reduction in 33-Year DUI Sentence

by Michael Kraut

Judges presiding in cases of DUI in Los Angeles may be more inclined to show clemency when defendants express true remorse for their actions and make a sincere effort to turn their lives around. But they’re less likely to be merciful when a defendant demonstrates that he continues to demonstrate the same behaviors that got him trouble in the first place.

Kenneth Jenkins recently learned that lesson in a Florida courtroom. The Palm Beach Post reported that Jenkins, convicted of causing the deaths of three people in a March 2008 DUI-related accident, asked for a reduction in his 33-year sentence. Circuit Judge Charles Burton denied that request.

Three years after his arrest, Jenkins, now age 33, pleaded guilty to DUI and to driving the wrong way on Interstate 95 near Delray Beach. His black Pontiac GTO caused a series of accidents before it eventually slammed into a 2008 Mercedes, killing three of the vehicle’s four occupants. The case dragged on while Jenkins’ original attorneys tried to determine whether the Mercedes’ driver had also been partly at fault for the accident.

March 29, 2016

The Statistics are in: Interlock Devices DO Prevent DUI Deaths

by Michael Kraut

As states look for ways to further reduce deaths from DUI accidents, many are considering new requirements for ignition interlock devices (IID). For example, a bill now making its way through the Maryland State legislature would require first-time DUI offenders to install an ignition interlock device in their vehicles. (Drivers convicted of DUI in Los Angeles County already face that penalty for first offenses.)

A study from the University of Pennsylvania has shown that mandatory interlock devices do work as intended. According to an article in Medical Daily, Penn researchers found that mandatory in-car breathalyzers saved an estimated 915 lives between 2007 and 2013. They arrived at this conclusion by studying NHTSA data about the number of alcohol-related crash deaths, comparing states with mandatory ignition interlock laws with those that did not have them. The researchers reported that states with the mandatory interlock laws saved the life of one person in every 125,000.

March 9, 2016

Town Wants to Fire Highway Superintendent After His DUI

by Michael Kraut

Elected officials convicted of crimes–like a DUI in Los Angeles–frequently end up resigning their positions due to their constituents’ disapproval of their actions. But others hold onto their jobs, despite the public outcry. The only recourse that citizens usually have is to vote them out during the next election.

But the town of Scriba, New York, is taking a different tack when it comes to their new highway superintendent. They’re hoping to replace the elected position with an appointed one and in the process rid themselves of the current holder of that position, Michael Barry. The officials are planning to hold a special election to make that change in the current law; if it passes, they’ll dump Barry and appoint someone new in his place. After that, the officials say they’ll go through the whole special election process again to change the position back to an elected one.

March 7, 2016

Video Release Embarrasses DUI Solicitor

by Michael Kraut

In earlier days, people arrested for DUI in Los Angeles could concoct an involved story about what really happened when they crashed their vehicles into a light pole or ended up in a highway median. It was always somebody else’s fault. But in the age of video surveillance, it’s getting harder and harder to make such stories believable.

Just ask Donnie Myers, the 11th Circuit Court Solicitor in South Carolina. Responding to a report of someone hitting a utility pole, a police officer tracked Myers down to his home. Found in his garage, Myers told police that he had been slightly hurt in the accident, which was caused by another driver who had forced him over. But the officer apparently doubted that story, since he smelled alcohol.

March 1, 2016

Educators Learn Firsthand [the Hard Way] About Los Angeles DUI Dangers

by Michael Kraut

People charged with DUI in Los Angeles come from many different professions, including schoolteachers, college professors, principals and other educators. Since the public usually holds educators to a higher standard of behavior–they are supposed to be role models for our children–their arrests for DUI generally get a fair amount of coverage in local media.

In Meriden, Connecticut, Platt High School Principal Robert Montemurro took sick leave after news of his arrest for DUI hit the news. The 56-year-old Montemurro had been involved in an accident on the main street of town. Police arrived, investigated and charged the principal with DUI.

Matthew B. Lucchini, 26, a Phys ed instructor at a Chicago, Illinois, elementary school, faces more serious charges. He hit sisters Jazmine Oquendo, 14, and Ava Oquendo, 7, while they were walking in a marked crosswalk. He fled the scene with the sisters lying in the road. But police soon caught up with Lucchini and charged him with DUI, leaving the scene of an accident and negligent driving.

February 27, 2016

The Math Is Simple: DUI + Cell Phone = Bad Accident

by Michael Kraut

Although the penalties for a Los Angeles DUI can be fairly severe–first time offenders can spend up to a year in jail under California Vehicle Code 23152 (a)–the punishment for talking on a hand-held cell phone isn’t nearly as severe. (No points, and a fine of just $76 for a first offense.) But even if the court doesn’t punish offenders for cell phone usage, the combination of DUI and talking on a hand-held may have some fairly serious consequences.

In Greenville, South Carolina, a woman ran into a stopped tractor trailer–halted by the side of the road on I-85 because of a previous accident–around 8:45 on February 21st. Police believe that the woman was trying to make a phone call on her hand held cell phone when she hit the vehicle. The unnamed woman suffered serious injuries and doctors had her airlifted to Carolinas Medical Center in Charlotte.
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