9 Year Old Montana Girl Turns Mother in For Drunk Driving

February 14, 2012

A distraught young girl walked into a convenience store in Great Falls, Montana and told the cashier that her mother, Chari Littledog was extremely drunk and had been driving around town with her in the passenger seat.

The the girl described her mother colliding with another vehicle in downtown Great Falls. Fearing for her own safety, she had jumped out of the car and fled. The cashier called police and soon after Littledog was quickly arrested on for what would be her fourth DUI charge.

Police found Littledog parked near the Town Pump gas station where her daughter had sought refuge. According to police, Littledog was found sitting in the driver’s seat with the keys still in the ignition.

Littledog declined to participate in field sobriety tests but did offer that she had cons mined an 18-pack of beer earlier in the day. A subsequent breathalyzer test returned a blood alcohol level more than triple the legal limit in Montana.

Bill Requiring Ignition Interlock for First Time DUI Moves Through Virginia General Assembly

February 13, 2012

A bill sponsored by Del. Salvatore R. Iaquinto (R-Virginia Beach) that would require everyone convicted of a DUI to have a breath test machine installed in their vehicle has overwhelmingly passed the Virginia House of Delegates. A Senate version of the bill sponsored by A. Donald McEachin (D-Richmond) has had a rougher time of it, but did pass out of committee and is expected to come up for a floor vote as soon as this week. If either bill ultimately becomes law, everyone convicted of a DUI in Virginia will be required to have an ignition interlock installed in their vehicles and would need to blow a clean breath test in order to drive.

Based on a law adopted in 2004, Virginia already mandates interlock devices for repeat DUI offenders but requiring them for a first time DUI would represent major change in policy. Setting aside how the average virginian might feel about the harsher penalties for first-time DUI recipients, powerful interest groups have arrayed themselves on both sides of the issue. On one side there are aggressive interest groups like Mothers Against Drunk Driving which supports harsher penalties nationwide as well as interlock device manufacturers. Smart Start, which sells the breathalyzers employs three lobbyists in Virginia.

On the other side, groups such as the American Beverage Institute. Spokesperson Sara Longwell told Virginia’s  Dailypress.com that, “We should keep the resources focused on the hard-core guys… We have people who have six or seven DUIs and are still on the road. This would be turning attention from them to the marginal first-time offenders.” Longwell also pointed out that the interlock devices register alcohol consumption at well below the legal limit, meaning that a driver with a minimal level of alcohol in their system would be prevented from driving even though they do not reach the legal standard in Virginia for impairment.

A broader concern both the use of interlock devices is whether they are an effective tool in preventing repeat offenses. While some studies have shown that for first-time and repeat offenders, breathalyzers can be effective at reduce recidivism rates, other studies suggest that this prevention effect is limited to the duration of time that the device is installed. Following the removal of the interlock device, repeat offender rates remain high and indicate there is minimal long term effect on behavior. To date, only 15 states require interlock installation on a first time DUI offense.

Speed Traps in Fairfax County

February 10, 2012

According to the National Motorists Association, there are speed traps all over the United States. We have compiled a list of some speed traps in Fairfax County.

1. Along the Dulles Toll Road, you can find many county and airport police officers. They tend to hide behind the jersey barriers along the access highway and at the main toll plaza. Many of our clients that hired us for a Reckless Driving charge received it while driving on the Dulles Toll Road.
2. Just before Burke Lake Road on Fairfax County Parkway, police sit there and pull over motorists by flagging them down. This area is dangerous because of the speed (50mph) and the quickness of having to pull over when flagged. Please be cautious.
3. Main Street and Maple Avenue often have police monitoring that area right before Woodson High School.
4. The parking lot entrances between Humphries Drive and Braddock Road often have police officers parked there going in the east bound direction.
5. Exit 66 and 123 Southbound has a hill that drops down to 30mph. Many officers have pulled motorists over while going down the hill.

As a criminal defense law firm, we have had many cases of motorists being charged with Reckless Driving and other traffic offenses. Please give us a call to find out more information if you have found yourself being charged with a traffic offense.

Both Drivers in Fatal Maryland Crash Had Alcohol in Their Systems

February 8, 2012

The audio from the 911 call is chilling. A concerned driver, John Bell, phone police to report a driver headed the wrong way down Interstate 97 in Maryland. The driver of the car was 19-year-old Brittany Ann Walker. Walker and two friends, Breanna Franco and Zachary Rose, both 18 collided with another vehicle driven by Terry Wayne Davis.

All three teenagers were killed in the accident. Davis died on the way to the hospital. It is unclear how the teenagers ended up headed in the wrong direction on the highway. Toxicology results revealed that both drivers had alcohol in their systems at the time of the crash. A small amount of marijuana was also found in Walker’s vehicle.

A terrible tragedy.

Carlos A. Martinelly-Montano Sentenced on 2010 DUI Incident that Killed Local Nun

February 8, 2012

On August 1, 2010 Carlos Martinelly Montano was in Bristow, Virginia intoxicated behind the wheel of his car (for the third time) and driving on a suspended license when he hit a vehicle caring a group of nuns traveling from Richmond to a Prince William County convent. Sister Denise Mosier was killed in the accident and sisters Connie Lupton and Charlotte Lange were both seriously injured.

A Bolivian national living in the U.S. illegally, Montano was awaiting deportation at the time of his arrest. That deportation is now on hold, pending the completion of a significant prison term. This past Friday Montano was sentenced to 20 years in prison.

Montano plead guilty in October 2011 to charges of driving while intoxicated and driving without a license. He was later found guilty of an additional felony murder charge, due to his substantial history of DUI charges. Of the sentence, Montano’s judge said,

“Not only is there punishment to be meted out, but also society must be protected because there is very little guarantee you won’t get in a car and do the same thing again.”

Montano’s defense attorney  indicated that they plan to file an appeal on the felony conviction.