Lindsay Lohan’s DUI Feature Story

Lindsay Lohan’s DUI Lindsay Lohan’s DUI 27-May-2007 Written by: Jackson Reeves Lindsay Lohan charged with DUI after police find cocaine in her crashed car. Lindsay Lohan, whose movie Georgia Rule premiered May 11, crashed her 2005 Mercedes SL-65 on a curb on Sunset Boulevard, in Beverly Hills, CA at 5:30 a.m. on May 26. Police investigators found what appeared to be cocaine at the scene of the accident. Lt. Mitch McCann stated that Lohan was not in immediate possession of the illegal drug, and that Lohan was released to hospital custody for treatment of minor injuries from the crash. However, police still charged Lohan with the misdemeanor of driving under the influence, since the crash seemed to have resulted from speeding, possibly caused by a cocaine-induced, hyperactive state. The 20-year-old actress and pop singer will need to appear in court to answer the DUI citation, as reported by the website X17 Inc. Earlier this year, Morgan Creek Productions CEO James G. Robinson admonished Lohan, in a now well-publicized memo, for “discourteous, irresponsible, and unprofessional” conduct – probably resulting from the same source as her DUI: her notorious partying lifestyle – during filming of Georgia Rule. Lohan admitted to dabbling with drugs after achieving star status with 2004’s Mean Girls, but she denied ever using cocaine, Vanity Fair reported in its January 2006 issue. The Catholic-raised Lohan cited her estranged father, Michael Lohan’s abuse of cocaine and resultant jail time as her prime reason for her anti-cocaine resolve. However, after exiting rehab for alcohol abuse in early May, Lohan returned to drinking, and grainy pictures surfaced soon-thereafter (and later…a movie version that currently circulates the web!), depicting Lohan snorting a line of cocaine off of a toilet in Teddy’s nightclub in L.A., reported the News of the World. On the day before her car accident, Lohan stated that she was growing more mature and that her notorious partying lifestyle, which aligned her with the likes of Paris Hilton and Britney Spears, was just a character-type that she is dramaturgically trying on for size. She said, “I’m just a girl, but I’m growing up; I’m learning,” as support for her developing maturity and an insistence that she had changed, reported Hollywood.com. Unfortunately, Lohan makes no signs of slowing down in spite of her DUI, with regards at least to alcohol. She has already publicly proclaimed that she will spend her 21st birthday – the first time that she will legally be allowed to drink alcohol – drinking vodka at her Svedka sponsored bash on July 2, as reported by Us Weekly.

Missouri Chemical tests for alcohol content of b

Section 577-020 Missouri Chemical tests for DWI alcohol content of breath or blood

Missouri Revised Statutes

Chapter 577 Public Safety Offenses Section 577.020 August 28, 2006 Chemical tests for alcohol content of blood--consent implied, when --administered, when, how--information available to person tested, contents--videotaping of chemical or field sobriety test admissible evidence.

577.020. 1. Any person who operates a motor vehicle upon the public highways of this state shall be deemed to have given consent to, subject to the provisions of sections 577.019 to 577.041, a chemical test or tests of the person's breath, blood, saliva or urine for the purpose of determining the alcohol or drug content of the person's blood pursuant to the following circumstances:

(1) If the person is arrested for any offense arising out of acts which the arresting officer had reasonable grounds to believe were committed while the person was driving a motor vehicle while in an intoxicated or drugged condition; or

(2) If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law enforcement officer has reasonable grounds to believe that such person was driving a motor vehicle with a blood alcohol content of two-hundredths of one percent or more by weight; or

(3) If the person is under the age of twenty-one, has been stopped by a law enforcement officer, and the law enforcement officer has reasonable grounds to believe that such person has committed a violation of the traffic laws of the state, or any political subdivision of the state, and such officer has reasonable grounds to believe, after making such stop, that such person has a blood alcohol content of two-hundredths of one percent or greater;

(4) If the person is under the age of twenty-one, has been stopped at a sobriety checkpoint or roadblock and the law enforcement officer has reasonable grounds to believe that such person has a blood alcohol content of two-hundredths of one percent or greater;

(5) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or a readily apparent serious physical injury as defined in section 565.002, RSMo, or has been arrested as evidenced by the issuance of a uniform traffic ticket for the violation of any state law or county or municipal ordinance with the exception of equipment violations contained in chapter 306, RSMo, or similar provisions contained in county or municipal ordinances; or

(6) If the person, while operating a motor vehicle, has been involved in a motor vehicle collision which resulted in a fatality or serious physical injury as defined in section 565.002, RSMo.

The test shall be administered at the direction of the law enforcement officer whenever the person has been arrested or stopped for any reason.

2. The implied consent to submit to the chemical tests listed in subsection 1 of this section shall be limited to not more than two such tests arising from the same arrest, incident or charge.

3. Chemical analysis of the person's breath, blood, saliva, or urine to be considered valid pursuant to the provisions of sections 577.019 to 577.041 shall be performed according to methods approved by the state department of health and senior services by licensed medical personnel or by a person possessing a valid permit issued by the state department of health and senior services for this purpose.

4. The state department of health and senior services shall approve satisfactory techniques, devices, equipment, or methods to be considered valid pursuant to the provisions of sections 577.019 to 577.041 and shall establish standards to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits which shall be subject to termination or revocation by the state department of health and senior services.

5. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person at the choosing and expense of the person to be tested, administer a test in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test taken at the direction of a law enforcement officer.

6. Upon the request of the person who is tested, full information concerning the test shall be made available to such person. Full information is limited to the following:

(1) The type of test administered and the procedures followed;

(2) The time of the collection of the blood or breath sample or urine analyzed;

(3) The numerical results of the test indicating the alcohol content of the blood and breath and urine;

(4) The type and status of any permit which was held by the person who performed the test;

(5) If the test was administered by means of a breath-testing instrument, the date of performance of the most recent required maintenance of such instrument.

Full information does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the state. Additionally, full information does not include information in the possession of the manufacturer of the test instrument.

7. Any person given a chemical test of the person's breath pursuant to subsection 1 of this section or a field sobriety test may be videotaped during any such test at the direction of the law enforcement officer. Any such video recording made during the chemical test pursuant to this subsection or a field sobriety test shall be admissible as evidence at either any trial of such person for either a violation of any state law or county or municipal ordinance, or any license revocation or suspension proceeding pursuant to the provisions of chapter 302, RSMo.

(L. 1977 S.B. 60, A.L. 1982 S.B. 513, A.L. 1983 S.B. 318 & 135, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 1998 S.B. 634, A.L. 2001 H.B. 144 & 46, A.L. 2006 S.B. 872, et al.)

(1985) The arrested person does not have a choice of which statutory test to take. If a choice were allowed, the person could avoid taking the test by choosing one which was unavailable. Kiso v. King (A.), 691 S.W.2d 374.

(1987) Department of Health rules on approved methods and techniques for chemical analysis of blood alcohol relate to evidence, are procedural and may be applied retrospectively. State v. Kummer, 741 S.W.2d 285 (Mo.App.E.D.).

Man busted while drunk driving in wheelchair | Oddly Enough | Reuters

Man busted while drunk driving in wheelchair Oddly Enough Reuters BERLIN (Reuters) - A wheelchair-bound German stunned police when they pulled him over for using the road and found he was 10 times over the legal alcohol limit for drivers. "He was right in the middle of the road," said a spokesman for police in the northeastern city of Schwerin Tuesday. "The officers couldn't quite believe it when they saw the results of the breath test. That's a life-threatening figure." The 31-year-old told police he had been out drinking with a friend and was a little over a mile from home when a squad car stopped him as he passed through the village of Ventschow. Police said that because the man was technically traveling as a pedestrian, he could not be charged with a driving offence. "It's not like we can impound his wheelchair," the spokesman said. "But he is facing some sort of punishment. It's just not clear yet what exactly that will be." Illinois DUI Attorney Donald Ramsell's comments: A Wheelchair is considered a vehicle in most of the United States.

Scalia's daughter denied bid for restricted license | Chicago Tribune

Scalia's daughter denied bid for restricted license Chicago Tribune Scalia's daughter denied bid for restricted licensePublished May 17, 2007 A DuPage County judge Wednesday denied the daughter of U.S. Supreme Court Justice Antonin Scalia her request for a restricted driver's license.Ann Banaszewski, 45, a Wheaton mother of five, had her license automatically suspended on March 30 for six months when she refused to submit to a Breathalyzer test after being arrested in February on drunken driving charges. Her attorney, Top Illinois DUI Attorney Donald Ramsell, sought a restricted license to allow her to drive her children to school, arguing state law permits such licenses to allow people to drive to and from work during the suspension of their license."She is employed as a homemaker," said Ramsell. "No doubt, this is work, this is employment. This is not for her benefit, but for her children and husband."The request sought permission for her to drive her children from 8 a.m. to 5 p.m. and to AA meetings.DuPage Judge Daniel Guerin ruled the request improper under state law."This is certainly an interesting and progressive viewpoint," he said. "I certainly understand her household chores. But I am limited by the specific language of the state statutes."Ramsell and DuPage prosecutors were unsuccessful in reaching a negotiated settlement of the case before Guerin's ruling.The case has been continued until May 30.

No permit for Scalia's daughter :: CHICAGO SUN-TIMES :: Metro & Tri-State

No permit for Scalia's daughter :: CHICAGO SUN-TIMES :: Metro & Tri-State: "No permit for Scalia's daughter May 17, 2007 The daughter of a U.S. Supreme Court justice lost her bid Wednesday to obtain a temporary driving permit as she fights drunken-driving and child-endangerment charges filed against her in DuPage County. Ann Banaszewski, 45, of Wheaton had her license automatically suspended for six months because she refused to take a breath test after being stopped Feb. 12 by police while she was driving with three of her children in a minivan. Illinois DUI Defense attorney Donald Ramsell on Wednesday unsuccessfully sought a limited judicial driving permit for the daughter of Justice Antonin Scalia, contending she needed to drive her five children to school and other activities. "

Prosecutor fired after pot arrest - 05/17/2007 - MiamiHerald.com

Prosecutor fired after pot arrest - 05/17/2007 - MiamiHerald.com STATE ATTORNEY'S OFFICE Prosecutor fired after pot arrest A Miami-Dade prosecutor was fired after being charged with buying marijuana from a street dealer in Coconut Grove. BY DAVID OVALLE dovalle@MiamiHerald.com function PopupPic(sPicURLx, sHeight, sWidth) { var sPicURL = "/460/v-morephotos/story/109355.html"; y=Math.floor((screen.availHeight-sHeight)/2); x=Math.floor((screen.width-sWidth)/2); window.open(sPicURL,"slideshow","width="+sWidth+",height="+sHeight+",top="+y+",left="+x+",scrollbars=auto,resizable=yes").focus(); } COURTESY OF MIAMI-DADE CORRECTIONS Utpal Dighe Blog Crime Scene Prosecutor Utpal Dighe was fired Wednesday, hours after police say he bought marijuana from a dealer in Coconut Grove. The Miami-Dade state attorney's office has asked the governor's office to appoint a special prosecutor to handle his case, which is routinely done to avoid any conflict of interest. Dighe was charged with one count of third-degree felony purchase of cannabis and one misdemeanor count of cannabis possession. ''As a prosecutor, one is sworn to uphold our criminal laws, not violate them. I cannot tolerate one of my prosecutors behaving as if their oath of office required no personal commitment to the law,'' State Attorney Katherine Fernández Rundle said in a statement. Dighe was booked into Miami-Dade County Jail Wednesday morning and has since posted $6,000 bond. He could not be reached for comment. According to a Miami police arrest report, Dighe pulled up in his black Acura to a dealer on Grand Avenue Tuesday night. Detective Willie B. Smith, of the Crime Suppression Team, says he spotted Dighe buying the drugs. His car was pulled over. According to the police report, he told an officer ``Please, just take it. Let me go. I can't go to jail. . . . I will lose my job.'' Dighe joined the state attorney's office in 2004. In November 2006, he was reprimanded after he approved an 18-month plea bargain for a career criminal accused of stealing a police officer's gun. Dighe offered the plea without consulting police or his supervisors, drawing the ire of the Police Benevolent Association, Miami-Dade's police union. Dighe is the third prosecutor to be arrested during the past 13 months. In March 2006, Ramon Sarmiento was arrested after an off-duty police officer working at the nightclub Space said he found seven Ecstasy pills in the man's pocket. He resigned from the state attorney's office; the charges were later dropped. In January, veteran prosecutor George Cholakis was arrested after police say he drove drunk and hit a scooter ridden by two people, seriously injuring them. He has pleaded not guilty and his trial is pending

Ohio needs to toughen DUI laws

Times Recorder - www.zanesvilletimesrecorder.com - Zanesville, OH Ohio needs to toughen DUI laws

Why do we continue to tolerate drunks who drive, crash and kill people?

Drunken driving is a huge problem in Ohio. For every 10 cars that drive past you, one is likely to be driven by someone convicted of driving under the influence.

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According to Department of Public Safety figures dating back to 1973, there are almost 36,000 drivers with five or more drunken-driving convictions in Ohio. There are 312 people in Muskingum County with five or more DUI convictions, including two with a staggering 16 convictions each.

Last year, 52.9 percent of the 528 people convicted in Muskingum County of operating a vehicle under the influence were repeat offenders. That's far above the state average of 41.2 percent for repeat offenders.

After a run of fatalities at the hands of repeat offenders, the General Assembly is belatedly taking action.

Last week, the Ohio Senate unanimously passed a bill requiring Ohioans with multiple drunken-driving convictions to take breath tests when stopped by police, and to wear bracelets to monitor alcohol levels through their sweat.

Blood-alcohol tests would be mandatory for anyone with two or more DUI convictions.

The measure moves to the House, which likely will consider a proposal that would require anyone convicted of drunken driving to install an ignition-locking device. The device won't allow the car to start if the driver has been drinking.

While they are at it, legislators should close the loophole that ties judges' hands when it comes to repeat offenders. A man in Cincinnati only got six months in jail for his eighth DUI in 30 years because of the time gaps between his convictions.

It's impossible to eliminate drunken driving entirely. But tougher laws and greater vigilance among us all can reduce the number of intoxicated drivers - and the deaths they inevitably cause.

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