dui-lawyers

Milwaukee Brewers P Has Too Many Brews, Gets Tapped for DUI

Yovani Gallardo, a pitcher for the Milwaukee Brewers, was arrested and charged with drunken driving on Tuesday. Around 2 a.m. Deputies responded to a concerned motorists call that a lone driver was swerving and driving way under the speed limit near Miller Park.  He was clocked doing 40mph in a 55mph zone and preliminary breath tests showed his BAC to be .22, which is almost three times the legal limit in Wisconsin.

According to Gallardo, he had only had a couple beers, though his red, glassy eyes, slurred speech and alcohol odor gave cops all the information they needed.

The Brewers have released a statement saying., “we have been made aware of the situation… we have expressed our disappointment to him and know he understands that behavior of this nature is of great concern to everyone in the organization. [He] is taking full accountability for his actions.”

Though in Wisconsin, first-offense drunken driving is only a citation, here in Virginia it is a class 1 misdemeanor that can carry a jail sentence, ignition interlock and a hefty fine. Gallardo faces $778 total in fines for his DUI, level of drunkenness and for crossing lanes.

Have a DWI in Fairfax, Prince William or Loudoun? Call The Gordon Law Firm for your free consultation today. You can reach us locally at 703-218-8416 or toll-free at 866-591-NOVA (6682).


Suspected Drunken Driver Kills Two, Injures Two in Seattle

Mark Mullan, 50, ran into a retired couple, their daughter-in-law and her infant son as they were crossing the street in a residential area in Seattle on Monday.

Victims Dennis and Judith Schulte were retired high school teachers in their late sixties. Karina Schulte is originally from Chile, and her son is the Schulte’s first grandchild. They moved to Seattle to witness the birth of their only grandchild and were to stay for 6 months time. Their daughter-in-law, Karina, and their ten day old grandson, who was in a sling on Karina’s body, are in critical condition.

Police said that Mullan smelled of alcohol and failed field sobriety tests. His BAC was .22%, which is almost four times the legal limit of .08% in Washington state. He stated that the sun was in his eyes and therefore couldn’t see the Schultes as they crossed the road. Mullan remained cooperative though he was also driving on a suspended license at the time of the accident.

He is being held at a local jail on $2.5 million bail while authorities investigate charges of vehicular homicide and vehicular assault. Prosecutors have until Thursday to bring those charges against Mullan.

Drunk driving is a serious charge that can change your life forever. If you are being accused of driving while intoxicated in Fairfax, Prince William or Loudoun County, call the Gordon Law Firm for your free consultation.


Cowboys Josh Brent Driving No Less Than 110mph Night of Fatal Crash; Pistorius Released on Bond

Josh Brent May Have Driven as Fast as 134MPH

After a night of drinking in December 2012, Dallas Cowboys nose tackle Josh Brent was careening down the highway in his 2007 Mercedes s60 when hit a curb, lost control of the car and flipped. This ultimately killed his passenger, teammate Jerry Brown.  New evidence shows that Brent was driving at a minimum speed of 110mph, and could have been driving as fast as 134mph. Brent was driving, not only with a suspended license, but with a .189% BAC which is more than twice the legal limit in Texas. His license was suspended from a prior DUI conviction in Illinois. Although out on $100,000 bond, Brent is facing a charge of intoxication manslaughter, which could land him in prison for a minimum of 20 years.

 

Pistorius Out on Bail

Olympian Oscar Pistorius has been freed on bail in the amount of 1 million rand, which converts to $112,803 USD. The “Blade Runner” is accused of premeditated murder in the death of girlfriend Reeva Steenkamp. Reports say Pistorius heard rustling in his bathroom, got up, retrieved his gun and shot four times at the bathroom door. He found Steenkamp shot dead and claims he thought his home was being burglarized. In South Africa there are no jury trials; all cases are handled by judges.

 

Got caught driving drunk? Accidentally shot someone to death? Call The Gordon Law Firm for your free consultation at 703-218-8416 and let our experienced defense attorneys put your mind at ease.

 

 


Drunk Driving in Ireland?! Smoking in Your Own Car, Illegal?! Plus More!

Rural County in Ireland Pushes to Allow Drunk Driving

Councillor Danny Healy-Rae brought forth a motion in January 2013 to allow citizens of Kerry County to drive home after consumption of a couple or a few alcoholic beverages. He argues that the roads in this very rural area of Ireland cannot be taken more than 20-30mph. Combined with the sparse population, he feels there is little to no threat of fatality if someone has a couple of pints and drives home. Mr. Healy understands the need for strict punishment of DUIs in more populated areas, but out in the rural area of Kerry County people often get depressed and the pub is often their only outlet.

The mayor of Kerry, Terry O’Brien, opposes it, sticking by the logic that drinking and driving can be a fatal match. However, the motion to allow it passed by a vote of 5 to 3. While it’s not legal to have a few and get behind the wheel of a car yet, the motion is now up to Ireland’s Minister of Justice to consider.

 

Virginia Nixes Law Making it Illegal to Cohabitate

Recently, Virginia Senate met and approved, with no qualms,  SB969 which would  repeal all fines and criminal punishment for unmarried cohabitation. It was a long standing law in Virginia that shacking up with a boyfriend or girlfriend could lead to a $500-$2,500 fine. Of course, that law was rarely, if ever, enforced.

 

No Smoking in Your Own Car with Child in backseat

Another bill in question, the Virginia Senate approved SB975 which would cost drivers smoking with children younger than 15 years in a car a $100 fine plus court costs. The bill is now going to the House of Delegates, that rejected a similar bill within the year.

 

New Aspen Mayor Posts New Speed Limit : 14mph

Having had enough of rushing motorists blazing through side street stop signs to cut by interstate traffic, New Aspen mayor Mick Ireland deployed a unique tactic: a 14mph speed limit. After several attempts to slow traffic, like bollards (posts in the middle of the road), additional police patrolling and more stop signs, it seemed nothing would work. Ireland took inspiration from a resident. They brought to his attention that in Europe, traffic studies show that when speeds are lowered in residential areas less accidents and fatalities happened.

Ireland quickly acted to make residential area speed limits 14mph stating that it is such an oddball number that it will stick in someone’s head. Police won’t be handing out tickets to people going a few miles over the speed limit, and Ireland is hoping that the new limit will help curb the number accidents and fatalities. He’s aiming to make it a law; as for now, it’s just a speed limit.

 

Here in the US, especially in Virginia, speeding, reckless driving and DUIs are not treated lightly. They can carry very hefty penalties and jail time. If you or a loved one is facing a traffic misdemeanor charge please call The Gordon Law Firm at 703-218-8416 or toll-free at 866-591-NOVA for your free consultation.


Supreme Court to Hear Warrantless Blood Draw in DUI Case

Yesterday, January 9th, 2013, SCOTUS heard arguments from both sides in regards to the warrantless blood draws used at trial after drunk driving or drugged driving arrests.

In most states, the suspected drunken driver is required to take a breath alcohol test or a blood alcohol test.  In Virginia, the arrested driver must take whatever test the arresting officer chooses to provide.  Here in Virginia, if a suspect refuses to provide a blood or breath sample as requested, they are issued the civil charge of “Refusal to Submit to Blood/Breath Test” (VA Code § 18.2-268.3) which is punishable by the suspension of their driving privileges for one year.  If the arrested driver had been charged with DUI or civil refusal on a previous occassion, the new refusal charge is a misdemeanor that could be punishable by jail and a longer license suspension.

Missouri resident Tyler McNeely was pulled over for suspected drunken driving in October 2010. The state trooper that pulled him over asked him to submit to a breath test to which he refused. The trooper then handcuffed him and transported him to the local hospital where he refused a blood test. The ACLU is arguing that he was restrained against his will (in regards to the 4th amendment free from unreasonable search or seizure rights) when he was strapped down and his blood was drawn at the hospital. During his first trial, McNeely’s defense attorneys won the motion to have the evidence suppressed, therefore the blood draw which provided a BAC of 0.154 was not used.

The Missouri Court of Appeals agreed that a blood draw against someone’s will was a fourth amendment violation. The case then moved to the Missouri Supreme Court which said it is not a violation. It is argued that if a search warrant has to be issued in a suspected drunken driving case and it takes more time than usual the evidence could be under threat of destruction due to the way the body processes alcohol. SCOTUS will hear this argument and decide if a blood draw is a “reasonable” search, and so far it seems they are considering both sides equally. A decision in this landmark case is expected by summer 2013.

Facing DWI charges in Fairfax County  , Loudoun County or Prince William C ounty can be worrisome. Please call The Gordon Law Firm today for your free consultation and let us answer your questions.  Locally you can reach us at 703-218-8416, or toll-free at 866-591-NOVA.

 

Information for this post was taken from http://blogs.riverfronttimes.com/dailyrft/2013/01/supreme_court_missouri_warrantless_blood_dui.php

 


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