Category Archives: Current Events

California School Bus Driver DUI on the Job

Last week, a school bus driver from Paradise, California was arrested on suspicion of driving under the influence of alcohol after several students riding on her bus, as well as parents of children on that bus, reported that she may have been drunk.

Students and their parents called 911 to report that the school bus driver, Desiree Ann Abrams, was speaking loudly, interacting inappropriately with the students, and smelled as though she had been drinking.

“When we got on the bus that day, she was kind of slurring her words. I thought she was just having a really good day but when I sat down she was stopping people and asking them questions what’s your middle name, how old are you, you’re looking pretty good today,” Dustin Jones, an eighth-grader at Paradise High School, told local news outlet KRCR.

When CHP officers arrived, they observed signs commonly associated with being intoxicated and determined that Abrams was driving under the influence.

According to law enforcement, no students were on board of the bus at the time of the DUI stop because they had already been dropped off at their regular stops.

“I thought she was just joking around until I saw she got arrested then I believed it,” said Phenix Rye, a junior at Paradise High School.

Paradise Unified School District confirmed the incident.

“A Paradise Unified School District bus driver was arrested on 11-15-19. District Administration was present at the scene and confirmed that students were safe and secure. We are grateful for the prompt response of both the Butte County Sheriff’s Office and the California Highway Patrol as well as the courageous actions of students and families. As always, student safety remains our top priority. Resources will be made available for students that may need additional support. Thank you for your understanding and support in this ongoing process.”

Abrams is out on bond and facing DUI charges and child endangerment.

Not only is Abrams looking at the punishment under California’s DUI law, she is also looking at additional penalties because of the danger that she placed the student in.

Under California Vehicle Code section 23572, California’s child endangerment DUI enhancement law, a first time DUI conviction where a minor under the age of 14 is in the car will bring an additional 48 hours in a county jail. A second time DUI conviction will bring an additional 10 days in jail. A third time will bring an additional 30 days in jail. A fourth will bring an additional 90 days. Furthermore, these penalties are to be served consecutively, not concurrently with the underlying DUI penalties.

The prosecutor need only prove that the driver was driving under the influence and that there was a minor child under the age of 14 in the car when that person drove.

The students being transported by Abrams, however, were high school students whose ages generally range from 14 to 18. If so, how can Abrams be charged with child endangerment for a DUI if the enhancement only applies to children under the age of 14?

Often times, prosecutors will charge child endangerment as a separate and whole charge against a person under the Penal Code, not as a mere enhancement to a DUI under the Vehicle Code.

California Penal Code section 273(a) makes it illegal for an adult to 1.) cause or permit a minor to suffer unjustifiable physical pain or mental suffering, 2.) cause or permit a minor to be injured, or 3.) cause or permit a child to be placed in a dangerous situation.

The crime of child endangerment, if a misdemeanor, carries up to one year in county jail and up to a $1,000 fine. However, if the risk to the child or children included death or “great bodily injury,” a felony child endangerment conviction carries two, four, or six years in a California state prison, and a fine of up to $1,000.

It should be noted that a person arrested for a DUI with a child in the car cannot be punished under both the Vehicle Code’s enhancement law and the Penal Code’s child endangerment law. Thus, if Abrams is found guilty, she’ll be punished for the DUI, and either the child endangerment enhancement or a separate child endangerment conviction.

 

Boyfriend and Girlfriend Busted for DUI One Hour Apart

An hour is not enough time to sober up, at least not for Christopher McFarlane.

 McFarland was the passenger in his girlfriend’s car when she was pulled over after California Highway Patrol officers spotted her vehicle swerving in Santa Rosa, California. Anna Arthur was arrested for driving under the influence and McFarlane was, himself, too drunk to drive Arthur’s Honda home. McFarlane walked to Arthur’s house.

This guy wasn’t falling-down drunk, but was definitely over 0.08” percent, the legal limit for driving, said CHP officer Jonathan Sloat.

About an hour later and shortly after Arthur was booked into Sonoma County Jail, officers spotted a McFarlane driving a Jetta. McFarlane told officers that he was on his way to the jail to bail out Arthur.

McFarlane, apparently, had not yet sobered up because, according to Sloat, “The officers still noticed signs of intoxication, and McFarlane failed field sobriety tests.”

It was also determined that McFarlane was on probation and his license was suspended for a DUI conviction last year. As a result, not only was McFarlane booked on suspicion of a California DUI, he was also booked for violation of probation and driving on a suspended license.

McFarlane is going to need more than love to get him out of this jam. He’ll need a California DUI attorney. At least if both he and Arthur are convicted, they might be able to do their DUI classes together. 

 

“Physician, Heal Thyself”

I’ve posted repeatedly in the past of the hypocritical double standard that pervades the criminal justice system when it comes to drunk driving.  Members of law enforcement, prosecution and the judiciary are quick to accuse and severely punish those suspected of DUI.  Cops have quota systems and rewards for high DUI arrests; prosecutors seek promotions for winning convictions; judges and legislators fear being accused of “soft” on drunk drivers when election time nears.  

And yet….these same people are commonly guilty of the same crimes about which they act so righteously – and are all too often protected by the system.  See, for example, The DUI Double Standard, Guarding the GuardiansThe DUI Double Standard Continues, When Judges Judge Judges and “I’m a Judge, Bro”.

And in yesterday’s news…


Third Florida County Judge in Seven Months Faces Charges

Broward County, FL.  May 28 (NBCNews) – Three Broward County judges have been arrested on DUI charges in the last seven months. The rash of arrests has sent shockwaves through the courthouse and prompted the county’s top public defender to say something is wrong with the judicial culture in the county.

“When people ascend to the bench and put that robe on, it’s very common that they start to believe that they are bigger than the law; they are above the law; they are the law,” said Broward County public defender Howard Finkelstein. “Is that happening in Broward? I’ve seen that happen here for many years, decades. I thought it was getting better. I still think it’s getting better, but this is a very big bump in the road.”

The latest arrest came Tuesday when Judge Lynn Rosenthal of the 17th Judicial Circuit was arrested after hitting a parked, unmarked patrol car in a Fort Lauderdale courthouse parking lot. Judge Rosenthal told deputies she was also forced into a guardrail on I-595 on her way to work before the parking lot accident, but deputies said video disputed that report…

Just last week, fellow Broward County Judge Gisele Pollack was suspended from the bench without pay after she was arrested on DUI charges earlier this year following a car crash.

In November, long-time Broward Judge Cynthia Imperato was arrested for DUI in Boca Raton…


Want to bet whether this judge, like so many other judges, cops, prosecutors and legislators, will get nothing more than a slap on the wrist — if that?


(Thanks to Matthew Kensky.)
 

Report a Drunk Driver, Receive Reward

Memorial Day provides weekend warriors the three-day weekend to remember those who died while serving our country. However, as the unofficial kick-off to summer, it also provides three full days to barbeque and indulge in some pre-summer drinks.

If you happen to be in Illinois, you could earn yourself a cool $100 for reporting a drunk driver. Or you could find yourself the target of a DUI investigation because someone else thought they could make an easy $100.

Chicago’s WBBM’s Steve Miller reported that, this Memorial Day weekend, the Alliance Against Intoxicated Motorist (AAIM) will be paying tipsters $100 for reporting a drunk driver in the state of Illinois.

“The tragic consequences are heartbreaking when somebody decides to get into a car and they think that they’re OK to drive. And they’re not,” said Rita Kreslin, the executive director of the AAIM. “We have paid out over $486,000. That’s 4,866 people that have been drinking and driving that have been removed from the roadways.”

She also said AAIM has taken some criticism for this approach, but “the majority of those people are probably the same people that would drink and drive and not think twice about it.”

Sorry Rita, not true.

I’m giving this approach flak because it creates the possibility of innocent people being stopped and investigated for drunk driving. How many people were reported who weren’t drunk? How many people will be stopped simply because it was a possibility that the tipster be paid $100? Unfortunately, I can’t answer these questions.

More importantly, how many of the tipsters actually know that a driver is drunk? This one, however, I can answer.

None.

Forget tipsters making completely false reports. Let’s say there is a reason for the tip. Tipsters will be reporting mistakes in driving, not drunk driving. And we all know there is a multitude of reasons why someone can make a mistake in driving other than intoxication. But that’s not going to matter, is it? With a $100 incentive, driving error equals drunk.

Fortunately, we’re all the way over here in California and about 1,700 miles away from AAIM’s incentivized witch-hunt. But it begs the question: Does the tip even give the officers the authority to pull someone over when they, themselves, saw nothing that would indicate a DUI?

Unfortunately, in California (…and the rest of the country) the answer is yes.

Recall my colleague, Lawrence Taylor’s post http://www.duiblog.com/2014/04/23/anonymous-tips-now-enough-to-stop-drivers-for-dui/

The United States Supreme Court recently held that an anonymous tip is sufficient to justify a police stop for the purpose of investigating a DUI even though there is no way to verify the truth or reliability of the anonymous tip.

So much for the 4th amendment and probable cause. And in Illinois, people actually get paid for their participation in the undermining the Constitution!

Another Weapon in the “War on Drunk Driving”: Forced Catheterization

Just how far are we as a free nation willing to go in MADD's jihad on drunk driving?  

Well, how about ramming a catheter up a male DUI suspect's penis to get a urine sample for alcohol analysis — even after he has already had a blood sample taken?


C.P. Man Seeking $11M in Catheterization Lawsuit

Hammond, IN.  May 12 – A Crown Point man is seeking at least $11 million in damages from Schererville, two of its police officers and the owners of Franciscan St. Margaret Mercy Health in a federal lawsuit in which he said he was subjected to a forced catheterization following a traffic stop.

William B. Clark, a former Schererville resident, is suing the town, police Officers Matthew Djukic and Damian Murks and Franciscan Alliance Inc., doing business as St. Margaret Mercy…

In the lawsuit filed Friday in U.S. District Court, Clark, 23, claims he was driving on U.S. 30 near the intersection of U.S. 41 in Schererville last May when he was stopped by Djukic. According to the lawsuit, Djukic allegedly observed the vehicle, which contained one other occupant, driving erratically and claimed he detected a moderate odor of alcohol in Clark's vehicle. Murks allegedly responded in a separate car.

The suit states that Djukic falsely claimed Clark's breath test results were 0.11, exceeding the legal limit of 0.08. The lawsuit also alleges the town failed to provide proof of the test result when a motion for discovery was filed in the criminal case against Clark, which is still pending.

According to his lawsuit, Clark submitted to a blood test at the Dyer hospital that showed his blood alcohol was below the legal limit. It states Djukic, however, became impatient with Clark's inability to urinate to provide a urine sample and made an effort to forcibly get the sample. The suit claims Djukic physically restrained Clark while hospital personnel inserted a catheter to extract the fluid.

The suit claims Murks either used inappropriate force against Clark or failed to take reasonable steps to protect him from being subjected to the use of such force.

The lawsuit states Clark allegedly "loudly moaned in pain" as the process began. It adds that the actions taken to obtain the sample were "painful, degrading and humiliating."…


An isolated incident?  Hardly.  See my previous posts:  Catheter Forced up Penis After DUI Arrest (Washington) and DUI Suspect Forced to Have Penis Catheterized (Utah), to name just two such incidents.   

What's next for citizens suspected of drunk driving?  Why not strap female DUI suspects down on a table and forcefully extract urine samples from them as well?