Tag Archives: DUI penalties
Santa had better put 10-year-old Troy Luna at the top of the Nice List this Christmas season.
Luna, of Diablo Grande, a neighborhood in Stanislaus County, California, called 9-1-1 earlier this week to report his bus driver’s driving. Luna was one of between 40 and 50 students ranging from kindergarten to 5th grade who were passengers on the bus according to the CHP.
As Luna entered the bus, he smelled something odd coming from the bus driver, 51-year-old Karolyn Denise Ray. After Luna had noticed that Ray had missed a turn and driven onto the highway, he called 9-1-1.
“She stepped on the brakes really hard, and a few kids went flying and hit their heads on the seats,” Luna told KOVR-TV. “All my friends were trying to talk me out of it. I said, ‘I don’t care, I don’t feel right,’ so I just did it.” Luna said that other children on board were crying and panicking when he made the call to 9-1-1.
Lo and behold, when officers arrived, they discovered that Ray was under the influence of a controlled substance. Ray was arrested and subsequently charged with driving under the influence and child endangerment, according to KTXL. It will take a few weeks for testing to determine what substance or substances Ray was on when she was driving the bus.
“I think he is to be commended,” said Randy Fillpot, superintendent of the Newman-Crows Landing Unified School District. “I congratulated him yesterday morning at school; he absolutely did the right thing. When you suspect the safety of your peers is in jeopardy you do the right thing and in that case it was call 9-1-1.”
Law enforcement agreed.
“We are relieved that the children knew who to call in an emergency situation, so I consider this kid a hero,” said CHP Officer Thomas Olsen.
One wonders, “What does Santa bring a child who just saved, literally, a bus-load of other children, himself, and a soon-to-be-on-the-Naughty-List bus driver?”
Meanwhile, as I just mentioned, not only has Ray plummeted to the bottom of Santa’s Naughty List and looking at a stocking full of coal, she’s also looking at a whole host of “unwanted gifts” thanks to her latest transgression.
In addition to the California DUI, which carries up to six months in jail and up to $1,000 in fines, she also looking at child endangerment charges.
Under California Vehicle Code section 23572, 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 that Ray will be facing.
Alcohol addiction was deadly for 53-year-old Robert Lee Ellis, of Columbus, Ohio, but not in the way you might think.
On October 16th of this year, Ellis was driving around a curve just outside of Columbus when he struck a utility pole. His 51-year-old passenger was pronounced dead at the scene. The passenger was his wife, Dawn Ellis. Neither were wearing seatbelts at the time of the collision.
Ellis’s blood alcohol content at the time was 0.185 percent. What’s more, officers learned that this was not Ellis’s first DUI incident. In fact, it was his 13th, and his driving suspension from a prior DUI was still in effect at the time.
“While investigating this fatal traffic crash it was very clear to investigators that Mr. Ellis is one of the worst habitual repeat offenders of drunk driving we have seen,” the Franklin County Sheriff’s Office said in a statement. “He has no regard for human life continuing to be an extreme danger to the motoring public due to his criminal behavior of operating vehicle while impaired. It is further evidence in this case in which he caused the death of his wife while having a blood alcohol of .185, which is more than double the legal limit.”
On Monday, Ellis was indicted by a grand jury for aggravated vehicular homicide as a first degree felony, aggravated vehicular homicide as a second degree felony, and two counts of operating a vehicle under the influence as a third degree felony.
“I’m so happy he’s behind bars so he cannot put anyone else’s family through what he’s put us through,” Dawn Ellis’s daughter, Bobbi Spencer told NBC Columbus affiliate WCMH. “But it’s still never gonna [sic] take the pain away that he’s caused all of us.”
There is no question that Ellis should not have been driving or that he caused the loss of a life for which he must now pay a price. But focusing anger on what Ellis did alone ignores another sad truth; Ellis suffered from alcoholism and the system failed him and his wife.
This issue, on a number of occasions, has been discussed by both myself and Lawrence Taylor, who said the following in a post from way back in 2013 that remains true now.
Albert Einstein once famously said, “The definition of insanity is doing the same thing over and over again…and expecting different results”.
The simple fact is that most DUI-caused deaths are caused by a relatively small group of “problem drinkers”. These individuals are typically characterized by recidivism (repeat offenses), unusually high blood-alcohol levels — and alcoholism. And alcoholics are simply not deterred by criminal sanctions, any more than drug addicts are. By now, most experts recognize that alcoholism is a disease, not a choice. And you don’t treat a disease with incarceration. If you throw an alcoholic in jail for six months, on the day he walks out he will likely go to the first bar he finds and resume drinking. What has been accomplished?
We recognize incapacity due to disease for such crimes as murder: the plea/verdict is “not guilty by reason of insanity”. The defendant is not simply set free, but is hospitalized for treatment of the disease. Why not treatment for drunk drivers who suffer from the disease of alcoholism?
Would you prefer to have a chronic drunk driver off the roads for a few months — or treated for his addiction?
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.
A New Jersey man was stopped for a DUI in Hoboken, New Jersey after police found him intoxicated riding an “e-scooter;” the public scooters scattered across many cities that can be rented through a smartphone app.
Nicholas Cutrone, 26, was arrested this past weekend for DWI (the New Jersey equivalent of California’s “DUI”) for riding a e-scooter. According to police Cutrone was found “unsteady and staggering” when he unlocked the scooter and rode away.
“[Cutrone] was driving unsteady as he swayed back and forth appearing as if he was going to lose control at any moment,” said Detective Sgt. Jonathan Mecka.
Police say that Cutrone’s arrest marks the second drunk driving scooter arrest since the service was launched in spring.
As is the case with many cities here in Southern California, Lime e-scooters now sit on the corner of many busy intersections available to be rented to anyone with a credit card and a smartphone.
In August, a 45-year-old man because the first to be arrested for drunkenly operating an e-scooter in Hoboken after crashing, according to police.
Jeffrey English suffered multiple fractures to his face and mouth when he crashed his e-scooter between two cars. English “admitted to drinking a substantial amount of alcohol” before jumping off the scooter.
As I mentioned, e-scooters are already here in California, and I’m sure you’ve seen them around town. How do they work? Well, like many things today, there’s an app for it. Download the app onto your smartphone for one the scooter companies that offer their services in your area; Bird, Lime, Skip, Scoot, or Spin. Once downloaded, you can access a map that tells you where the nearest scooter is. Find the nearest scooter, enter your credit card number into the app, and scan the bar code on the scooter with your smartphone to unlock the scooter. Ride.
But can you ride after having a few drinks here in California?
California Vehicle Code section 21221 states in pertinent part, “Every person operating a motorized scooter upon a highway…is subject to all…provisions concerning driving under the influence of alcoholic beverages or drugs.”
Based on this language, it seems as though the California Legislature intended to treat e-scooter riders the same as traditional vehicle drivers the same, even when it comes to driving/riding under the influence.
However, section 21221.5 states in pertinent part, “[I]t is unlawful for any person to operate a motorized scooter upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug…A conviction of a violation of this section shall be punishable by a fine of not more than two hundred and fifty dollars ($250).”
The conundrum here is that in the latter section, the penalty for a DUI on a scooter cannot, under the law, be more than $250. Additionally, California Penal Code section 19.8 states that “any violation which is an infraction is punishable by a fine not exceeding two hundred fifty dollars ($250). This necessarily means that a DUI on an electric scooter in California cannot be charged as anything more than an infraction with a penalty of nothing more than the $250 fine. In other words, a DUI on a scooter in California cannot be treated like a misdemeanor DUI. It cannot carry the same penalties as a DUI and, as an infraction, it will not appear on the rider’s criminal record.
Unfortunately, police and prosecutors in California have been only considering the first law mentioned above and treating DUIs on e-scooters the same as a DUI in a regular vehicle. For this reason, it is imperative to hire an experienced and knowledgeable California DUI attorney to argue the difference in laws between scooters and vehicles.
I recently had one of these cases. My client, the scooter rider, was originally charged with a misdemeanor DUI as though he had been driving a traditional vehicle. If convicted as a misdemeanor, my client was looking at three to five years of probation, an 18-month DUI course (because he had a prior conviction), fines and fees, and a probation violation for a previous DUI conviction, which could have very well led to jail time. However, after arguing that the language of the law only allowed for a fine of no more than a $250 fine, the case was dropped to an infraction with that $250 fine.
It should be noted that, before scooter renters are allowed to rent and ride the scooters, they are required to confirm that they will not ride while under the influence of alcohol or drugs.
According to a group of researchers at the University of California, Davis, people who have been convicted of a California DUI are at a higher risk for committing violent gun crimes.
Building upon prior research that suggested a correlation between alcohol and gun violence, researchers from the university monitored nearly 80,000 people who purchased guns between 2001 and 2013. They found that nearly three percent of gun purchasers with a prior California DUI conviction later committed a violent gun crime. Additionally, according to the researcher’s finding, which were published in the Journal of the American Medical Association, only 0.05 percent of people without any prior DUI conviction went on to later commit a violent gun crime.
Can DUI convictions help keep guns out of the hands of people prone to violence?
October 2, 2019. Los Angeles Times – Drinking and driving is already a deadly cocktail. New research finds that adding gun ownership to the mix heightens the risk for violent outcomes.
A study that set out to track about 80,000 legal gun purchasers in California found that handgun buyers with a DUI on their record were more likely to go on to be arrested for a violent crime. That was the case even if driving under the influence of alcohol was the only criminal conviction in his or her past.
In the roughly dozen years after purchasing a gun in 2001, Californians who had already been convicted of drunk driving were 2.5 times more likely than those with no DUI convictions to be arrested on suspicion of murder, rape, robbery or aggravated assault, according to the study published this week in JAMA Internal Medicine. If the range of violent offenses was broadened slightly to include crimes like stalking, harassment or child neglect, handgun buyers with a prior DUI were more than three times likelier than those with no DUI conviction to be arrested.
The new findings come as the California Assembly considers a bill that would revoke a person’s right to own a gun for 10 years if he or she has been convicted of two or three (depending on the offense) misdemeanors involving alcohol in a span of three years.
Senate Bill 55 was passed in May by a vote of 26 to 10. It is opposed by Gun Owners of California, a gun rights group, and by the American Civil Liberties Union, which argues the bill would disproportionately affect black people and fails to address the “root causes” of substance abuse and violent behavior.
Under California law, people who have a felony conviction can’t receive a gun license from the state. In addition, people with misdemeanor convictions for crimes involving violence, hate, the unlawful use of firearms and certain other things aren’t eligible to receive a license for 10 years. SB 55 would add convictions for public intoxication, disorderly conduct under the influence of alcohol, and drunk driving to that list.
The new research goes some way toward filling a gap in research that prompted then-Gov. Jerry Brown to veto an earlier version of the bill in 2013. In blocking the proposed law, Brown wrote that he was “not persuaded that it is necessary to bar gun ownership on the basis of crimes that are non-felonies, non-violent and do not involve misuse of a firearm.”
The study comes from researchers at UC Davis’s Violence Prevention Research Program. Its findings suggest that denying gun ownership rights to those with a history of drunk driving convictions would reduce violent crimes and might save lives. In 2017, 14,542 homicides and more than 400,000 violent victimizations involved the use of a firearm.
But the researchers did not draw a causal line between drunkenness and criminal violence. Although roughly a third of all firearms deaths in the United States are thought to have involved alcohol, these new findings do not suggest that alcohol itself prompts or predisposes a gun owner to victimize others.
Instead, they suggest that, across broad populations, many people who engage in risky behavior involving alcohol will also engage in the kinds of risky behavior that endanger other people’s lives. And in cases where heavy drinking and gun access are combined, impaired judgment might heighten the risk that an individual predisposed to violent behavior will act out.
In that sense, the new findings zero in on a subgroup of gun owners who may have driven some of the sobering findings of a 2011 study by Dr. Garen Wintemute, the director or the Violence Prevention Research Program and senior author of the new report.
Drawing from a survey of Americans’ risk behaviors, Wintemute found that gun owners in general were twice as likely as those who do not own guns to drink heavily, and 2.5 times more likely to get behind the wheel after having drunk, by their own admission, “perhaps too much.”
The new study makes clear that lawless behavior is not the norm among gun owners. The researchers were able to track 65,387 Californians between the ages of 21 and 49 who bought a handgun legally in 2001 and could still be found in the state in 2013. Of those overwhelmingly male and mostly white gun buyers, 1,495 — fewer than 2% — had a prior conviction on a drunk driving charge. And just over 14% of that small group of gun owners were arrested for violent crimes during the 12-year study period.
That is much higher than the 3% rate at which gun buyers with no DUI or other convictions went on to be arrested for a violent crime. (After adjusting for factors such as age, gender and ethnicity, the researchers found the risk for those with a prior DUI conviction was 2.5 to three times higher than those with no such conviction.)
In focusing on DUIs, “we’ve identified a risk factor for future violence among people who buy handguns, and the association is fairly strong — an almost threefold increase in risk,” said study leader Rose M.C. Kagawa, an assistant professor of emergency medicine at UC Davis.
At the same time, she acknowledged, the number of gun sales blocked by a measure like SB 55 would be small, as would the number of violent crimes prevented.
“It’s a bit of a balancing act,” Kagawa said.
Such reasoning riles Sam Paredes, executive director of Gun Owners of California.
Using past or present behavior as a predictor of future violent acts — “that whole concept is very difficult,” he said.
“You’re being stripped of your rights because someone believes you are a danger in the future?” Paredes said. “I cannot even contemplate what the future consequences of such a perspective could be. It’s not just guns. This could translate to all manner of things.”
A prior conviction for drunk driving seems to be a better predictor of future criminal violence than a prior conviction for other, non-alcohol-related, nonviolent misdemeanors, the study results suggest, but just by a little bit. Lawful buyers of handguns with a conviction like that on their rap sheet were more than twice as likely as buyers with squeaky clean records to be arrested for a violent crime over the next dozen years.
“These findings unmistakably support the pending California DUI convictions legislation,” according to an editorial that accompanied the study.
Though the number of potential wrongdoers barred from gun ownership “may seem small,” the broad adoption of such laws “has the potential to avert larger numbers of acts of firearm violence,” wrote the editorial authors, a trio of injury prevention experts from the University of Pennsylvania and Columbia University.
Adoption of a federal law like SB 55 — an unlikely prospect in the current Congress — would “decisively signal that, as a nation, we are as intolerant of mixing alcohol and firearms, so-called drunk firing, as we are of drunk driving,” they wrote.
As I’ve said in the past, while I’m not the biggest proponent of guns and gun ownership, it troubles me that legislators are attempting to use DUI convictions to prevent gun ownership.
Given the numbers, it is difficult to argue that there is at least some correlation. However, based on those same numbers, there are a lot of people out there who have been convicted of a California DUI that have not subsequently engaged in a violent act involving a firearm.
Surprisingly, I agree with Sam Paredes. Predicting future gun violence based on a weak, albeit real, relationship to a DUI conviction seems like a step too far. What’s more, stripping an entire class of people (who all made a mistake, but by no means are all at risk for future gun violence) of their constitutional right based on what a few within the class might do sometime in the future should not be law.