Officer Gets own DUI

 Florida Police Officer Charged With DUI

The following article just goes to show that sometimes, even police officers make mistakes.  In Miami Beach, Florida, recently, two police officers were interacting with five women who were reportedly attending a bachelorette party. The police officers, who were in uniform at the time of the incident, were seen taking pictures with the women and drinking alcohol at a hotel club.

Some of the women made statements to the effect that they did not know the two men were actual police officers because of their unprofessional behavior. One of the officers eventually left with one of the women and the two took a ride on an all-terrain vehicle along the beach. According to news reports, the man was speeding along the beach without the ATV lights on when he hit two people, a man and a woman, who had been taking a walk along the beach. Both individuals were hospitalized and required surgery to repair their injuries.

The two police officers were fired from the police department and the former officer who crashed the ATV was charged with four felony counts of DUI and reckless driving causing serious bodily injury. He was later released on $30,000 dollars bail.

We can see from this story that individuals of all positions and titles—even those called to protect our communities—can make mistakes. If you find yourself charged with a DUI, contact an experienced advocate to help you see the options you have available to you. Glen Neeley is a board-certified attorney who is dedicated to his clients’ success, and looks forward to working as your advocate.

Source: http://www.duiattorney.com/news/7860-on-duty-miami-police-officer-charged-with-dui

DUI Runs in the Family?


 Mother and Daughter Charged With DUI within Minutes of Each Other

Researchers have known for years that there is a link between alcoholism and a person’s genetics. In other words, a person’s genetics determine to some degree how likely they themselves are to be victims of alcoholism. For quite a few years, researchers have been doing studies trying to determine just how strong this link is.

For example, a news report out of Idaho Falls, Idaho, recently, indicates that the link may actually be very strong. On the other hand, maybe it is just a coincidence that 28 year old Alisha Gardner and her mother, 51 year old Diana Gardner, were both arrested for DUI in separate incidents, on the same night, within one hour of each other.

According to the news story, the younger Gardner was swerving in and out of her lane, posing a serious threat to other drivers and herself. Upon investigation, it was determined that her blood alcohol content was twice the legal limit. The elder Gardner then drove out to her daughter’s car. The police officer arresting Alisha Gardner smelled alcohol on Diana Gardner’s breath and arrested her as well.

There are other possible causes for this serendipitous situation. For example, genetics may not have even been a factor in both mother and daughter choosing to drink and drive. It may be that both women share a gene that causes them to process alcohol similarly and therefore perform badly on breath tests.

Whatever the case may be, if you are caught drinking and driving, you have a defense regardless of what the arresting officer may tell you, or even what a breath test says. Contact an experienced advocate to help you with your defense. Glen Neeley is a board-certified attorney who is dedicated to his clients’ success, and looks forward to working as your advocate.

Source: http://www.losangelesduiattorneyblog.com/2011/07/pasadena_dui_arrest_propensity.html

Pennsylvania Man Faces DUI Charges in Fatal Crash

45-year-old Matthew McNamara has been charged in connection with an accident that killed a woman and left her three children hurt in Caernarvon Township, Pennsylvania. McNamara is charged with driving without a license and homicide by vehicle, and faces charges of homicide by vehicle while driving under the influence, a felony, and two counts of aggravated assault by vehicle while driving under the influence, also a felony. He faces several other charges in relation to the accident as well. After a stint in Lancaster General, he was released to police to be charged, and is currently jailed at Lancaster County Prison on $100,000 bail.

The accident, which occurred on Route 322 and Shady Lane, happened this past Wednesday right before 4 pm. According to officials at the scene, heavy entrapment was involved, with the route temporarily shut down due to helicopters called for assistance. McNamara had tried passing another car, causing him to crash head on into a Ford Focus, driven by Joseph Wesley. His passenger, 23-year-old Syherah Cerdan, was pronounced dead at the scene. Among the children injured were a four-year-old and a three-month-old baby, who both suffered minor injuries. The third child, an 11-year-old passenger, is currently at critical condition at Penn State Hershey Medical Center.

If you are caught in a similar situation, you do have an advocate. Contact an experienced advocate to help you see the options you have available to you. Glen Neeley is a board-certified attorney who has successfully won countless cases similar to this one for his clients, and looks forward to doing the same for you.

Source: http://lancasteronline.com/article/local/422062_DUI-charge-in-fatal-crash.html 

Utah DUI Defense: The Law and Practice

Over the past year and a half, I have worked tireless on becoming an author.  So here it is released yesterday.  Over half the books in stock are gone.  In conjunction with AZ premier DUI Defense Attorney James Nesci and premier Utah DUI Defense Attorney Jason Schatz, 458 pages are done along with an extraordinary DVD that has all the Field Sobriety Test Manuals, DRE Manuals, and the studies that go behind the manuals. This book is more of a lawyers guide on how to represent citizens in DUI cases from the first contact through trial and appeal. It covers everything from driver’s license hearings, suppression hearings, and trial. It comes with example cross examinations and direct examinations. The hardest part of doing the book was in fact sudden law changes. The law changes were not too drastic this year, but there were some. I want to thank those who helped me with the book including my co-authors and UACDL members that provided input and research. If you are interested in the book, you can purchase it from Lawyers and Judges Publishing at this link.

DUI Checkpoint Under Scrutiny

 A controversial DUI checkpoint for drivers in Escondido, CA is now the subject of a court case. According to driver Angel Navarrette and passenger Daniel Alfaro, a heated exchange took place at that checkpoint, resulting in their arrest for resisting a police officer. Dashcam video of the incident shows the police officer threatening to break the window when the driver apparently refuses to roll it down. The police officer told Navarrette he would be arrested, but apparently did not tell him why. Attorneys for the two asked the court to suppress all evidence, claiming that their clients’ fourth amendment rights were violated when the officer broke the vehicle window.

According to Isaac Blumberg, the attorney for Alfaro, the police department of Escondido does not follow proper procedures when checking drivers at the town’s checkpoints. A retired police officer who saw the video suggested that the charges should be dropped. As he told a news reporter, no law exists stating a driver has to roll the window all the way down for a police officer.

The Escondido Police Department has been checking drivers for possible DUI’s since 2004. Critics of the procedure claim that the checks are also a way to check for illegal immigrants, since drivers’ licenses are checked as well. According to city officials and those in the department, the checks have led to fewer DUI crashes and hit-and-run incidents. The Police Department did not provide any comments regarding this particular case or the video.

If you are caught in a similar situation and feel you may have been treated unfairly by a police officer, you do have an advocate. Contact an experienced advocate to help you see the options you have available to you. Glen Neeley is a board-certified attorney who has successfully won countless cases similar to this one for his clients, and looks forward to doing the same for you.

Source: http://www.10news.com/news/28489369/detail.html

Fourth of July Utah DUI Round Up

 Fourth of July, Independence Day, is a DUI Defense Attorney's busy time of the years.  Statewide law enforcement will be out looking to accuse citizens of DUI.  So as a reminder, first and foremost, do not drink then drive.  As an attorney in Utah, my advise to anyone who drinks or uses prescription medications, do not get behind the wheel of a car.  The risk is too great.  It is my opinion, an officers take exception to this opinion, that if an officer smells alcohol, you will be arrested for DUI.  Then you will be defending the accusation of DUI.  If you are pulled over by an officer remember these steps:

1.  Be polite, but don't let the officer intimidate you.

2.  Do not answer any questions other than your name and essential information.

3.  Exercise your right to remain silent.

4.  Politely tell the officer you will not be taking any field sobriety tests, if asked.

5.  Request a lawyer several times.

6.  If you refuse a chemical test, your license can be suspended for up to 3 years.

7.  Do not believe that you can prove to the officer that you are sober.

8.  Do not believe that you can talk your way out of a DUI.

9.  If arrested, contact a DUI Defense attorney as soon as you are able.

10.  Remember, you only have 10 days after an arrest to request a drivers license hearing.

With these steps in mind, have a safe weekend.  Zions and other places are publicizing that if you drink and drive, the police will be there to get you.  This article from the Salt Lake Tribune talks more about it.