Random breathalyzer tests urged by Commons report

Friday, June 19, 2009 9:24:38 AM America/Los_Angeles

OTTAWA–Canadian motorists should be given random roadside tests in an effort to combat impaired driving, a parliamentary committee recommends.

Conservative MP Ed Fast (Abbotsford), chair of the justice and human right committee, said the move might be controversial but something has to be done because impaired driving remains the No. 1 criminal cause of death in Canada.

Currently, the law requires reasonable grounds before police can administer a breathalyzer to a driver suspected of being impaired. Under the committee proposal, that requirement would disappear.

Fast told a press conference yesterday the all-party committee decided random checks, like those used in Ireland and Australia, would be the most effective deterrent available to stop motorists from driving after drinking.

"It increases the probably of an impaired driver coming into contact with police and therefore increases the risk of being caught," Fast said.

The all-party committee stopped short of recommending the legal limit of 80 milligrams of alcohol in 100 millilitres of blood (.08) be reduced, citing the inability of the justice system to cope with the increased workload.

The New Democrats dissented on this, arguing it should 50 milligrams (.05).

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Weekend DWI checkpoint nets 85 charges

Monday, June 15, 2009 12:37:46 PM America/Los_Angeles

SHELBY - Law enforcement sent a message Friday night. N.C. Highway Patrol kicked off the summer with a DWI checkpoint to let drivers know they're being watched.


The checkpoint started at 10 p.m. on U.S. 74 at the intersection of Long Branch Road and netted a total of 85 charges. "It was a very successful night," said Trooper Sgt. J.C. McClelland. "We are trying to send a message that you can expect to see random DWI check-points the remainder of the year." Shelby Police, the Cleveland County Sheriff's Office, Bethlehem Volunteer Fire Department, the Cleveland County Detention Center and the Cleve-land County Magistrate's office assisted at the checkpoint. "The process was very streamlined," McClelland said. "The officers were able to process (people) at roadside without the officer leaving the scene."

There were a total of 85 charges, McClelland said. Even though there were only five DWI arrests, McClelland said, the results were positive. "Anytime you remove an impaired driver from the roadway, you are saving lives," he said. The bulk of charges that occurred that night might surprise some. There were 20 who were driving while license revoked and another 35 for those who were driving without a license. "That was amazing," he said. "That is one of the highest I have seen at one particular checkpoint in my career."

The BAT Mobile is a portable breathalyzer room, McClelland said, and was stationed at the checkpoint to help process DWI charges. There is a separate section where the magistrate can process those who were charged, he said. "This is all about public safety," he said. "Hopefully they will think twice before getting into the car and driving."


McClelland said the agencies have three focal points when doing a DWI checkpoint. "We want to deter, detect and apprehend those who are committing violations," he said.

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Former McAllen mayor arrested on DWI

Wednesday, June 10, 2009 10:14:33 AM America/Los_Angeles

Leo Montalvo DWIMcALLEN - Former McAllen Mayor Leo Montalvo begged officers to let him go and tried to use his political legacy to avoid a drunken driving arrest Sunday, according to police records.

Montalvo, who famously was the city's first Hispanic mayor, urged officers not to ruin his reputation after a Sunday evening car crash along the 800 block of S. Ware Road, the records state.

"Do you know who I am?" he asked police according to the records. "Please sir, don't ruin my several years of public service."

Montalvo apparently crashed with a vehicle carrying a mother and some of her children just before 5 p.m. as he was returning from a day spent golfing, according to police. No one was seriously injured, said Sgt. Joel Morales, a McAllen police spokesman.

Police have declined to place blame for the crash and have released few other details, saying the case remains under investigation.

When police responded to the scene they found Montalvo standing alongside his Toyota 4-Runner, with bloodshot eyes and the smell of alcohol on his breath, according to records. Police said he slurred his words as he told officers that neither he nor the passengers of the other vehicle were hurt, according to the report.

"It's only a little bump, they are OK," he said.


A person who answered the phone at the Montalvo home Monday night said that he had no comment.

But in 2001, when his son was arrested for driving while intoxicated, then-Mayor Montalvo said nobody was above the law.

"The enforcement of such laws must be carried out regardless of who is involved," he said at the time.

According to police, Montalvo said he drank "like one or two beers" while golfing earlier Sunday. Several officers smelled alcohol on Montalvo's breath. He once even asked officers to call the chief of police, which they refused to do. When police told him he was being arrested, he made one final plea, the records state.

"Sir, please, it was just a little bump and you are treating me like a criminal," Montalvo allegedly told police according to the records. "Please let me go."

Police arrested Montalvo and charged him with driving while intoxicated. He refused to take a Breathalyzer, said McAllen Police Chief Victor Rodriguez.

Montalvo faces up to 180 days in jail and a $2,000 fine if convicted. For refusing to take a Breathalyzer test, he could also have his driver's license suspended. He was released Sunday night on a personal recognizance bond of $5,000.

When Montalvo narrowly defeated controversial and long-time incumbent Othal Brand in 1997 by just 144 votes, his victory was championed as the symbolic end of old guard's political power. Montalvo was the first Hispanic mayor since the city was incorporated in 1911, an accomplishment Montalvo downplayed at the time.

While critics said Montalvo coasted on the Brand administration's momentum during his eight-year reign, supporters say Montalvo was a decisive and important McAllen mayor.

During his tenure, from 1997 to 2005, the city expanded by 12 percent geographically and by more than 22 percent in population. Montalvo doubled spending on public safety and culture and recreation and more than tripled spending on highways and streets. The city had no outstanding debt when he left office.

After deciding not to seek reelection in 2005, Montalvo worked for Mayor Richard Cortez's election campaign.
But while in office, his son Michael Montalvo faced trouble with the law.

In May 2001, Michael Montalvo was indicted on charges of driving while intoxicated and resisting arrest.

And on June 7, 2001, he was indicted on charges of assaulting a public servant - eight years to the day before his father's arrest.

Michael Montalvo's DWI and assault charges have been dismissed.

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DWI Charges Dismissed For NMSU Football Coach

Thursday, May 28, 2009 9:47:43 AM America/Los_Angeles

LAS CRUCES, N.M. -- New Mexico State University’s head football coach DeWayne Walker was arrested this past weekend for driving while intoxicated, but charges were dropped shortly after.

According to a police report, an officer said he pulled Walker over early Saturday morning after seeing him turn the wrong way onto a one-way street. Once pulled over, he said he noticed a slight smell of alcohol.

The report said Walker admitted to drinking, and was asked to complete field sobriety testing. He was arrested when he failed some of the tests, but Breathalyzer testing showed a .01 blood alcohol level. The charges were then dismissed.

“It's kind of tough because he is a brand new coach here at school, he just started and he hasn't even had one season,” said Tyler Haugness of Las Cruces.

NMSU released this statement from Walker:

"I was not driving while intoxicated and thankfully those charges have been dismissed. I have been in contact with Dr. (McKinley) Boston and university administration and they have been fully apprised of this incident. I apologize if this has created a distraction for the University or my team. I look forward to fully resolving this matter in the very near future.

Lastly, I am thankful that the Las Cruces Police Department is out there doing their job to keep our community safe, a community of which I am proud to be a member."

Another statement was released from Athletics Director Dr. McKinley Boston.

“Coach Walker made me aware of the incident that occurred on May 22 and that he was detained on suspicion of a (DWI). I’m now aware that all charges have been dropped and from this point forward the NM State Athletics Department views this as a closed issue.”

Walker will still have to report to magistrate court Friday for a citation for driving the wrong way.

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About 4 hours lapsed before cop in crash got Breathalyzer

Tuesday, May 26, 2009 12:32:31 PM America/Los_Angeles

Trenton BookerAbout four hours lapsed between Chicago Police arresting a fellow officer in a deadly weekend crash and the administration of a Breathalyzer test to determine if the officer had been drinking, authorities said.

The tests on Chicago Police Officer Richard Bolling, 39, revealed a blood-alcohol level of .079, just shy of the .08 legal limit, according to the Cook County state's attorney's office.

A police spokesman said the allegations against Bolling, of the 8600 block of S. Wolcott, are part of an internal investigation and that the department wouldn't be commenting on the blood alcohol test.

Earlier in the day, Bolling appeared before Cook County Circuit Court Judge James Brown, who set bail at $2 million on charges he struck and killed a 13-year-old boy riding his bicycle early Friday at 81st and Ashland.

Relatives of the teen, Trenton Booker, showed up for what they believed was a noon hearing for Bolling — making his first court appearance — only to learn it had happened an hour earlier.

"I'm very angry," said Morris Upton, who identified himself as Trenton's grandfather.

Asked by reporters if Bolling received preferential treatment — considering the hearing was held before the boy's family or the media arrived in court, Upton said: "Well, I'm sure."

A man and woman who identified themselves as Trenton's parents climbed into an SUV outside the courthouse building at 26th and California after learning the hearing was over. "We just lost our son," the woman said, adding: "Let's just hope justice is served."

The officer's attorney as well as relatives declined comment.

Before the crash, witnesses saw Bolling in a bar near 55th and Indiana, authorities said.

About 1:30 a.m., witnesses saw Bolling's 2006 Dodge Charger traveling through the intersection of 81st and Ashland at a high rate of speed — striking Trenton as he rode his bicycle, authorities said.

Patrol officers arrested Bolling a few blocks away when they noticed he was driving the wrong way on a one-way street in the 1900 block of West 82nd Street, authorities said. The car sustained front-bumper damage and a shattered windshield. Inside the vehicle, officers found an open bottle of beer, according to the state's attorney's office.

The 17-year department veteran, currently assigned to a tactical narcotics unit, was charged with reckless homicide, aggravated DUI and leaving the scene of an accident involving death or injury.

The officer, off-duty at the time of the crash, has been stripped of his police powers.

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American Airlines pilot arrested after failing breathalyzer test

Thursday, May 21, 2009 11:48:26 AM America/Los_Angeles

LONDON, England (CNN) -- Police arrested an American Airlines pilot who failed a breathalyzer test at London's Heathrow Airport on Wednesday, the airline and police said Thursday.

The pilot was due to fly a London-to-Chicago route leaving Heathrow at 10:15 a.m. He was replaced and the flight departed at 11:30 a.m., the airline said.

It declined to name the pilot.

London's Metropolitan Police said he was a 57-year-old man who was arrested 20 minutes before the plane was due to take off.

He took a blood test, the results of which are not yet available, the American Airlines'pilots' union said.american airlines

Arrests of drunken pilots are "quite infrequent," said a police spokesman who declined to be named, in line with police policy. "They are not everyday occurrences."

The police declined to say how far over the limit the pilot was.

He was released on bail to face a possible court appearance in July.

Since 1999, 22 pilots have appealed to the National Transportation Safety Board in the United States after the Federal Aviation Administration took action against them for alcohol consumption, the board said. All the appeals were rejected.

The aviation agency did not immediately respond to a CNN question about how many pilots had been suspended for alcohol consumption. Britain's Civil Aviation Authority said it does not keep such records.

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HS Student Kills Woman After Prom

Tuesday, May 19, 2009 11:16:48 AM America/Los_Angeles

Saugus High School Student Christopher BaldwinA Saugus High School senior allegedly downed 10 beers before fatally striking a 67-year-old pedestrian in a horrific post-prom crash - and admitted at the scene that he “should not have been driving after he had been drinking,” a prosecutor said yesterday.

As his mother hung her head and sobbed, an unemotional Jonathan Caruso, 18, pleaded not guilty in Lynn District Court to motor vehicle homicide and other charges in the tragic crash that killed Carol Marean and seriously injured her daughter, Charlotte, 41, during their ritual Saturday morning dog walk.

Police arrived at about 7:30 a.m. to find Caruso’s smashed Chevy Cavalier with four beers in the trunk, said prosecutor Christina Ronan. A despondent Caruso was lying with his head in Rosa Palomba’s lap. A passenger in the car, Palomba, 18, was screaming, “We killed that person!” according to officer Matthew S. Donahue’s report. Charlotte Marean was “screaming and crying in pain.”

The prosecutor said that when Caruso was asked how many drinks he’d had, he told them he was “celebrating prom and drank 10 beers earlier.” Caruso’s blood-alcohol level was .02 at 9 a.m.,which would have made it .06 at the time of the crash, according to court testimony.

His speech heavily slurred, Caruso was unsteady on his feet and reeked of alcohol as he acknowledged that he shouldn’t have driven after drinking, Donahue wrote. Caruso told cops he fell asleep behind the wheel and when he awoke, another passenger, Christopher Baldwin, 19, told him he’d hit two people.

Authorities say Saugus High administered a Breathalyzer at the prom, which was held at the Danversport Yacht Club - and another alcohol test at the after-party aboard a boat in Boston Harbor.

The night of school-sponsored festivities ended when students were bused back to the school parking lot shortly before 4 a.m. However, a Saugus junior who was a girl’s date to the senior prom told the Herald students were given a Breathalyzer just once - prior to the prom. He said no test was administered between the prom and after-party.

“You had to be at the school at 4 p.m., then board the bus to Danversport where you got a Breathalyzer for the first and only time,” said the student, who asked that his name be withheld for fear of retribution. School administrators declined comment.

Caruso lives with his mother and extended family in Saugus, said his attorney, James McCall. His family, including his grandparents, aunt and uncle, declined to talk to the media.

Caruso’s date, Courtney Faysal, told NECN-TV: “Everyone is making him out to be a monster. This could have happened to anybody, 80 percent of the kids who went to prom went out right after. It just happened to be Johnny.”

Faysal told WCVB-TV Caruso had dropped her off at her home at 4:30 a.m. and that she had not seen any alcohol in the car.

According to police, both Caruso and Palomba said they were supplied the alcohol by Baldwin, who could not be reached.

Michelle Marean said last night that her sister Charlotte has been told of their mother’s tragic death but “has no recollection of the impact.”

[Read Original Article]

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Jim Leyritz fails breathalyzer & talks suicide

Tuesday, May 19, 2009 10:48:21 AM America/Los_Angeles

The 45 year-old Jim Leyritz is currently out on bail while waiting for trial for DUI-manslaughter charges as a result of a fatal car accident in 2007. Part of his bail conditions is to stay away from alcohol, and he has a breathalyzer installed in his car. To start the car, Leyritz has to blow into the device, and he has to periodically blow into the device while driving.

Jim LeyritzLeyritz reportedly got distraught when, on Wednesday night, he blew into the Breathalyzer to start his car but the device indicated that he had been drinking. According to Leyritz’ ex-wife Karri whose house Jim is currently living in, he had not been drinking. A second attempt at breathing into the Breathaluzer registered a clean reading, but Leyritz got upset with the first reading and the fact that it will be reported as a violation on his part of his bail conditions. He reportedly threatened suicide, and police went to Karri Leyritz’ house after receiving a phone call from someone that the police said “had concern for Leyritz’ welfare”.

Police officers drove the former athlete to the hospital. He was released from the Memorial Hospital psychiatric unit in Hollywood, Florida on Thursday afternoon. If the first reading of the alcohol-testing device confirms a violation, a warrant of arrest due to violation of bail conditions may be issued by Thursday this week.

The official statement from authorities is that they are awaiting results from the alcohol testing device. This would not be the first time, however, that Leyritz consumed alcohol since being released on bail. A judge ruled, however, that he was not specifically ordered to refrain from drinking and let him go free. However, in a hearing last February, Leyritz was specifically told not to drink.

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Russia: Breathalyzer in every car

Tuesday, May 19, 2009 10:19:30 AM America/Los_Angeles

Sergey ShoiguRussian Emergencies Minister Sergey Shoigu has suggested that all cars in Russia be equipped with breathalyzers. That move would be 100-percent effective in preventing drunken driving, he noted at the opening of a security exhibition in Moscow. Russian Interior Minister Rashid Nurgaliev expressed support for the idea as well, according to Gazeta.ru.

“A person sits at the wheel and, if he is drunk, the car won’t start because alcohol fumes are being given off and so the machine blocks the car’s starting system,” Shoigu explained. He admitted the move may not be popular, saying, “No one is likely to put such a system in his car voluntarily. If we take combating drunken driving seriously, we have to make it mandatory.”

Russia has a notoriously high traffic fatality rate. According to Sky News last year, two-thirds of all the road deaths in Europe occur in Russia. One hundred people per day die on Russia’s roads, which is a major contributor to Russia's steep mortality rate and ten times more per automobile than in Great Britain. Bad roads and the lack of emergency equipment and trained personnel are also a major problem. Traffic police are not trained in first aid, for example.

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DUI Penalties Getting Stiffer

Tuesday, May 12, 2009 4:43:29 PM America/Los_Angeles

This year in the Utah legislature the periods for penalties for suspension of driver license privileges have become longer. Senate Bill 272 becomes effective on May 12. For a first DUI violation, age 21 and older, the current suspension is 90 days, the new suspension will be 120 days.

For the second DUI violation the current suspension is one year and the new suspension will be two years. For a DUI first offense for someone under 21 the suspension was 90 days. The suspension is now the longer of 120 days or 21st birthday. For a second DUI offense for someone under 21, the current suspension is one year, the new suspension will be the longer of two years or 21st birthday.

For someone 21 years or older for a BA (breathalyzer or blood alcohol test) refusal the current suspension stays the same at 18 months; for a second BA refusal for a prior suspension the current suspension is 18 months, the new suspension is 36 months. For someone under 21 years the BA refusal first offense is 18 months; the new suspension is the longer of 18 months or the 21st birthday; the second offense for a BA refusal, with a prior suspension is the longer of 36 months or the 21st birthday.

For under 21 an alcohol/drug possession the current suspension is 90 days, the new suspension is one year. For a second alcohol/drug possession the current suspension is six months; the new suspension is two years. The third suspension for drug/alcohol is currently a one year suspension; the new suspension is two years.

For all ages a DUI within the last 18 months will require the installation of an ignition interlock device. All these changes become effective May 12.

When you sign your name to get a driver license you are agreeing that you will consent to a drug alcohol test or a breathalyzer test upon the request of a peace officer. It is a privilege to have a driver license not a right.

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