The DUI Attorney / DWI Lawyer Blog

Last Christmas was quite a bitter one for the family of bronx resident and Hondurian immigrant Ferman Arzu, who was shot to death by an off-duty cop when Arzu failed to plead guilty for a DWI charge last May. The cop, Raphael Lora, shot Arzu after his car collided into a park opposite Lora’s home. Friends and neighbors advocated on Lora’s behalf, claiming that he was trying to prevent further harm from this unexpected drunk driver. Arzu was shot approximately five times, and his BAC level was 0.17, more than double the legal limit.

If convicted of manslaughter, Lora could have faced a 10-15 year jail sentence, and up to 10,000 in fines. Yet in December, he was deemed free to go on $50000 bail, having been found not guilty. “He is remorseful, yet unapologetic.” according to Lora’s defense attorney Stuart London. “He knows this was not his fault.”

Lora had testified before the grand jury for five hours, when he ran from his house towards Arzu, asking for his license. When the intoxicated Hondurian immigrant refused to cooperate, the battle commenced. While Arzu continued to drive during the firing, his van collided with another parked car and promptly went up in flames.

Lora’s guilt in the case was ruled out on the fact that the cause of death was the unexpected explosion, and the firings never penetrated into Arzu. The family of the late immigrant however, disagree and continue to wage their bitterness and lay the blame on the off-duty cop. “Justice, justice is all i wanted, and I’m never going to get it.” sobbed Thomasa Sabeo, former girlfriend of Arza.

Who is really to blame in this case is still a mystery. The victim, who’s DWI impairment and poor judgment cost him his life, or the off-duty cop who claims he was just trying to serve and protect. Ultimately, the victim is the one who chose to drive drunk that night, and as a cop it was Lora’s duty to pull him over. Perhaps he too exercised poor judgment upon threatening Arza with a gun. Whoever is really to blame in this case, will benefit from a solid acknowledgment of DWI Laws, and the dire consequences that can follow when they are not taken into account. Both the cop and the victim are paying the price.

On May 8, a year will have passed since the untimely death of a baseball player. He wasn’t the obsession of a crazed fan, nor one of many victims lost to steroid use. Cardinals pitcher John Hancock was killed in a DWI-related crash, when he slammed into a parking tow truck on I-94.  His BAC level was more than twice the legal limit, and since then alcohol has been banned in the Cardinal clubhouses. Despite all the Budweiser ads adorning the field on game day, and fans carousing with their beers, the Cardinal players are sitting this one out, the alcohol tradition.
To sum things up, the ban is clearly not reflecting on the behavior of the Cardinal players, according to president Walt Jocketty. “it’ just something we felt we had to do. Some of the guys disapprove, and I’m aware of that.”
While most players resent the ban, Albert Pujols, their first baseman, is an advocate, acknowledging that this measure will further educate the public that no athlete is immune to the dangers of drunk driving. “Though most of the guys will continue to drink outside games, we shoudl be setting examples for the public. We lost John, and we don’t anyone else to have to endure a loss such as this, a loss that can easily be prevented.”

Though our favorite athletes may seem to have it together on the outside, on the inside they struggles with many of the same things we do, body image, drug use, and alcoholism. The former image of baseball players routinely chewing tobacco has given way to over a 1000 deaths due to nicotine poisoning. Steroids promise endurance, but most often result in physical impairments or death. Alcoholism seems to be the slyest addiction for athletes, for we don’t hear of them getting DWIs on a regular basis. Being subject to the pressures of fame, fortune and a career that may be disappear upon a knee or some other injury, many athletes continue to find solace in the bottle. Yet the bottle continues to trip them up, as do so many things, and admitting the issue is rarely practiced. The case of John Hancock should remembered as that no matter how hard you train, no matter how good of shape you are in, things like alcohol can slow you down, sometimes permanently.

The preceding story shows that even the elderly are not immune to DWI charges, or even attempted murder. If they are mobile and make bad desicions, it is possible they will spend some time behind bars. The latest case is that of 72-year-old Melvin Wimberely of Rockport, Arkansas, who was arrested in March 2007 on a DUI charge, and has been arrested again for shooting at officers last Saturday. Refusing to surrender to police orders, Wimberly was promptly shot in the arm, and after he was flown to Corpus Christi Memorial Hospital, he was charged with attempted murder.

It was revealed upon his arrest that Wimberely delayed telling his wife about his former DWI charge, and when a latter detailing the scenario was mailed to their home, this more infuriated him.

Officers Nathan Garrett and Lillian Penick were instructed to drive to the Wimberly residence after hearing that a man was plotting to detonate the building. Witnesses described the man’s bald, graying appearance, and were able to get hold of his license number as he drove away in a pickup truck.  After arriving, Wimberly was spotted holding a AK 47 rifle and began firing. He made a total of eight shots, at all missing the police force but left indents in the patrol cars. ” I saw the bullet strike in vicinity of me. ” claims Penick. “It narrowly missed my arm.” When Wimberly refused to comply with police orders, he was shot in the arm. Wimberly then disarmed his weapon after being threatened again by the officers.

Five rifles were confiscated from Wimberely’s home, three being high-powered hunting rifles with scope.

The elderly Wimberly faces a slew of penalties if convicted of DUI and attempted murder, ranging from 5000-10000 fines to jail time of up to 8-10 years, with little chance for parole. I on the other hand, find these punishments somewhat harsh. The man is a senior citzen who is about to live out the rest of his golden years in a state correctional facility. Though I advocate strongly that an alcohol treatment program for the elderly should be in order, no such will occur and remove his fate. Just goes to show how a single DUI charge can do so much damage, no  matter what the age.

On the Mike and Juliet Show this morning, they brought up the issue of the legal drinking age. Most of the guests they interviewed have the opinion that it should remain at 21 or should be raised (if it would be altered at all). One brave soul, Alex Koroknay- Palicz, a youth advocate made a great point about what the drinking age does to that topic in youth.

If we didn’t make alcohol forbidden, would it be less enticing for people? His example was Europe. Many countries do not have a legal age to drink. Children are taught by parents how to moderately enjoy alcohol. Since they are taught how to deal with it, and it is available to them at any age, they are less likely to pursue it so much.

What is the first thing anybody wants to do? The thing they are told not to touch, look at, think about or consume. While alcohol does have adverse affects on young children. Alcohol can cause problems in a developing body. How come there are not a lot of European mutants?

Parents must be involved. Parents cannot be worried about infringing on the child’s rights. Children need to be taught right from wrong before having the liberty to choose for him or herself. That would be the equivalent to asking a Marian about Environmental Protection of Earth. The alien will not have a frame of reference, have a skewed frame of reference, or it won’t matter because it is irrelevant.

On the other hand, others made more points about making alcohol more available will make things worse. While it is still a highly debatable topic, with many good arguments from both sides, I don’t think that he was given fair voice. Koroknay- Palicz made an excellent point; he was not able to completely voice his side. He was the only one there represented his side. His argument was discredited by a disembodied voice saying “that’s a myth.”

The only way that we as a nation can make a decision will be to here the full argument from BOTH sides. Some people will never move in their stance of their point on this matter. The reason some people will not change mostly is a personal reason. The people that have been touched by this issue will not be an unbiased participant.

Making alcohol unavailable will not reduce anything. We are going to heighten the allure and drive the youth towards it (the same thing that would happen with guns). What has happen now that we have made this bed? The allure of alcohol is already there.

If we remove the drinking age right now, it could be catastrophic. We need to come up with a multi- phase plan on how to institute the allure reduction of alcohol, which is the only way that we cannot have a vehicle massacre. Driving ages have been raised for the environment and congestion issues…we must reduce the hype of alcohol…and Hollywood could be a role model…if they decide to.

A 21-year-old man of Panama City, Florida , faces four felony charges due to a DUI-related accident back in February.Mikael Cherry was arrested Thursday and charged with vehicular homicide, and held without bail on a probation violation.

“I’m glad an arrest was made,” says Jerry Lenz, son of the late Paul Lenz. “Yet we have a long way to go as far as charges, and I’m looking forward to see it coming to an end.”

On February 18, workers at a local Applebees phoned police to describe what they saw as an intoxicated young man leaving the restaurant, when a police officer tied to stop the man’s Volvo but failed. Even though the officer following showed his flashing lights, the vehicle continute to speed. By that time the Volvo was swerving on Black Beach Road at around 100 mph. It then slammed into the rear of a 1997 Saturn driven by 62-year-old Paul Lenz. As the Saturn flipped down the freeway, Lenz was killed instantly.

The driver, Mikael Cherry, has been charged with vehicular manslaughter, DUI manslaughter with failure to provide aid, leaving the scene of a death-related crash and fleeling and eluding. According to reports, Cherry had no recolection of the night’s tragic events. “With God as my witness, my son doesn’t remember what had happened,” explained Robin Taylor, the mother of Cherry. “He feels so bad he can’t even remember to defend himself.”

The owner of the Volvo, Jason Reid, who was present with Chery during the accident, will not be charged.

Both young men were students at the University of Florida, and their night of tragedy turned out to be a result of a pity party. Cherry had just suffered a breakup with his girlfriend, and felt it necessary to drown his sorrows in alcohol. Little did he know he would face more to drown in. This tragedy will further prohibit them from the enjoyment of college life, with one facing jail time, and the burdened by guilt. As teens they were likely warned of the dangers of drunk driving. As young adults they ignored those warnings based on negative emotions. We must further educate our young adults of keeping their emotions intact by coping skills, and to find alternative ways to express grief, rather than finding relief in alcohol, for with that relief will come strife.

It seems every time we turn our head, another one of those do-gooder politicians has a dirty secret that has been exposed, thus tarnishing their reputation, and our belief that they can save us from raising gas prices and end the war. The latest case being the Eliot Spitzer scandal, where despite a massive abomination to the sacred vow that is marriage, Mrs. Spitzer has chosen to stick by her man. I feel for these wives of politicians, they may look as if they have it all together, as they wave to those crowds in support of their running husbands, but inside they are dealing with turmoil. They have financial troubles, family burdens, and sometimes they’ve been arrested for DUI. The latter being the case of Tennessee senator John White’s ex-wife Tamara Mitchell, who is currently in jail on an ignored DUI conviction. One of Mitchell’s cases involved her swerving into traffic with her 2-year-old son in the car. During the hearing, Mitchell admitted to having an alcohol addiction, quote “I know I’m an alcoholic. I almost lost my life.” Mitchell faces up to a year in jail and $4000-6000 fines. She is already under an 11 month sentence for probation violation, and will be up for parole in May. Mitches has four minor children with Senator White, and has been incarcerated since September 2007. Her ex, John Ford,is set to report to federal  prison on April 28th to begin a five-year prison sentence for bribery, though he is currently fighting for his ex-wife’s custody, claiming that “rthey need their mother during this time.” With two parents facing sentences due to DUI and othe felonies, the children will be placed with appropriate caretakers, with weekly visitation rights.

Chelsea Clinton dealt with her father’s impeachment, and the Bush children have endured scrutiny of their father. We wonder how the children of former senator White and his wife will fare as the years will pass. With the absense of both parents, they face years of hardship, but will perhaps take into account of their parent’s mistakes, vowing not to repeat, for the public may be watching.

Fame, Fortune and Felonies. Rock Stars seem to have it all, especially when they have enough dough to get themselves out of almost anything, except DUI charges. It turns out no matter how famous the band you play in is, you are not immune to the similar pitfalls that are familiar to us mortals. Enter renowned Bon Jovi guitarist Richie Sambora, who after 2 stints in rehab in 2007, was arrested last Wednesday on a DUI charge, accompanied by his 10-year-old daughter and her friend in the car. Police were summoned to a view of a Hummer swerving on Coast Highway in Laguna Beach, California, where it was “lane-straddling and weaving in lanes,” as described by Sgt. Jason Kravetz. It wasn’t soon till the exposed drunk turned out to be Bon Jovi’s righthand man. Breaking reports add that “Sambora was driving a Hummer and was with three unidentified women, one adult and two juveniles. He was given a blood alcohol test, and was released on his own recognizance at about 4 a.m.” The 49-year-old Sambora was promptly pulled over, reeking of alcohol, yet willingly submitted to police requests. According to TMZ reports Sambora failed numerous sobriety tests and was forced into police custody. He is summoned to court on May 7 to answer to the misdemeanor charge. Sambora faces additional child endangerment charges due to having his young daughter and her friend in the car while driving intoxicated.

Sambora has been under severe stress since his divorce from actress Heather Locklear and the death of his father, and has since had several run-ins with the law, including substance abuse and DUI. He admitted to “drinking too much and needing to get his life together. I’m still in therapy and stuff like that, but it’s good. I’m fine.” Having been released from UCLA medical center after completing a treatment program, many believed Sambora to fine, though this is not always the case.

Yet fine taken out of context such is this is standard for many to worry about one’s problems.  Many Californians agree that the maximum penalty for Sambora should be a loss of license, on the fact that he endangered the life of his child and her friend. This should not only be mandatory, but Sambora would benefit from an alcohol treatment program for drivers, as a break from touring. He is a crucial part of the wondergroup that is Bon Jovi, and it’s disheartening to hear of the trouble he’s going through. He is in my prayers, and I hope he’ll come through, for the music and most of all, his family.

William Lagodney, Jr., age 42,was arrested in Catawba Island, OH and charged with a DUI. Another driver took him home…so he or she was supposed to. They didn’t stay with him because within six hours of his last arrest…he was arrested again.

I’m surprised he was able to move much after the first one because they had to pull him out of a ditch after he ran in there on his motorcycle also, he was charged with failure to wear a helmet. His BAC level was .1999 (legal limit is .08). The second time he was stopped was for speeding in his care with expired plates. His BAC was .24. Does this man have a death wish?

I don’t think that he is going to die of a failed liver, if he continues on this path. He is going to kill himself or someone else. If he kills someone else then he will be in jail…with NO ALCOHOL. Then he will probably die of insanity. The judge has a big case in front of him or her.

The penalties for Ohio in a DUI case is:

Immediate suspension of license if driver refuses to take any of the sobriety tests.

Possibility of license suspension from 90 days to five years.

Jail time will be determined by a judge (depends on the situation of the DUI arrest) he has to enroll in the three day driver intervention program (I guess he is up to six days now)

$200 to $1,000 in fines and fees

Court license suspension from six months to three years.

Since he took care of first and second offense within the same evening, he should get the maximum for both. Judge Michele’s verdict: Ten years suspended license, one week driver intervention program, two years of jail, $2,000 in fines and fees, and six years of court license suspension. If he would be caught driving any vehicle within the sixteen years of his suspension after his release from prison, he would have another six months in jail and $1,000 in fines and fees not including the reason he was pulled over in the first place.

I bet there are many people very happy that I have not studied law, and there is not possibility of me getting a position of judge. I do not take breaking the law…especially when other people are in danger. The only way that he would have gotten a worse verdict would be is if he endangered a child or an animal.

If he is going to be so relaxed about the DUI that he will get caught in six hours of his first arrest, than he needs to be off the streets. This is a person who needs to be addressed severely to make sure that he doesn’t hurt or kill anyone…including himself. Hopefully, the judge will take all of this in consideration and get this punk off the streets for a long time. We will find out by the middle of May this year.

Richie Sambora, guitarist for Bon Jovi, was pulled over on March 25, 2008 for DUI. The Laguna Beach, CA police officer stated that Sambora was driving erratically. In his black Hummer with an adult female and two children, and one of the children was his own daughter. Ten year old Ava, his and Heather Locklear’s daughter, is already going through a hard time with her parent’s divorce. The other two females have not been identified (or released).

Heather Locklear must have known who the adult female was because she gave permission to police to release Ava into her supervision. Sambora will probably get charged with child endangerment on top of all of the other charges for his DUI. This happened on a Tuesday night around 11pm. What are children doing out that late…on a school night.

This is not going to help him on the custody battle over Ava… even if it wasn’t Ava in the car. Having a recent DUI and a child endangerment on your record and facing a family court judge is not a pretty picture. Sambora may have lost any hope of having his daughter at all. I will be surprised if he gets anything more than supervised visitation.

At least the police put him in jail. They released him at 4am…after the bars closeJ. He should have had a full month of jail time, no matter what, because he purposely endangered children. I want to know who the other in the adult in the car was. Obviously, she couldn’t have been drunk if Heather Locklear was willing to let her take care of her daughter. How could she let him drive, and why did she let the kids out of the house that late at night?

I am afraid we are not going to find out more about this case until the court appearance May 7^th. If he is found guilty, he will probably get more than a first offense because he has a long history of drugs and alcohol abuse.

New reports show that he may be in the clear as far as the DUI because his blood alcohol level was .08 (the legal limit); also, he is reported to be a diligent father. One time he flew home from Japan to catch his daughter’s softball game. If Heather Locklear is not happy, she is certainly able to make a case against him now.

In someone in his position, with a shaky ground with his family, he should be more careful. So let this be a lesson to all of you. Be extra careful to not be arrested for ANYTHING when you are facing a judge for something else. It may come back to bite you. How is he going to look his daughter one day and tell her “I’m sorry we can’t spend as much time together, but I had to have a drink before I got in the car.” How is that going to make her feel that her dad couldn’t control himself for her well being.

Hey Ref! What’s the matter with you? Are you drunk? How many times have you heard this at a ball game? Well there is one state certified referee, William DeLaney, that was drunk while he was a officiating a game. What first tipped off spectators, players, parents and staff was that the Referee was cursing at the 14 year old boys. One boy was particularly targeted and when his parents went to intercede, he started cursing at them.

This is one for the records for Sprinton Lake Middle School in Upper Providence, PA. The intention for the game was a fund raiser to help with escalating maintenance costs and ended up being a three ring circus. This the only problem like this they have had in the nine years they have been fundraising this way.

Andrew Brenner, coach and parent, stated that they always teach the children to respect the referees. Officer Greg Woodrow was one of the responding police officers. He recounts what happened: they approach the suspect and inform him that it is the management’s request that he remove himself from the field, DeLaney refused.

Woodrow smelled the alcohol on DeLaney’s breath. When asked about his alcohol consumption, DeLaney admitted drinking the night before. This was 3pm! After he couldn’t verbally convince the police that he was sober, he was waving them away. Apparently, he still thought he was officiating.

Citied for disorderly conduct and public drunkenness, DeLaney did not have to serve any jail time yet. A “female friend” took responsibility for his at the scene. Wow! It sounds like he needs to go to jail for a long time to think about this. If a family member or friend acts in such a manner, by helping them with an easy out you are an enabler.

For the public drunkenness, he will have an up to $300 fine and up to 90 days of jail time. The disorderly conduct penalty is up to a year in jail. DeLaney could be facing 15 months in jail. Since he was acting like this in front of children, I think he should have a couple other charges lobbed against him (child abuse, child endangerment).

DeLaney has already expressed his remorse in writing for poor decision. Brenner has stated that this will not be tolerated, so on top of state penalties he may have a couple more. I don’t think that he will be wearing a black and white striped shirt anytime soon.

On a Pennsylvania Criminal Defense Lawyer’s site, David Shrager, the first thing he will attempt to do is get an immediate dismissal. What kind of justice is that? With all of the witnesses the prosecution has, a dismissal should not be an option. The next thing he states on his site is to get the charges reduced because this covers a couple levels of misdemeanors. That wouldn’t be as bad as a dismissal, but any leniency on the part of the judge will only say “It’s ok.”But it’s not!