Burn Notice Star Arrested for DUI

Jeffrey Donovan may play an ex-spy on the TV series ‘Burn Notice,’ but he is no stealth operative in real life. The 41-year-old was arrested in Miami on suspicion of drunk driving. Miami Beach police pulled Donovan over after he swerved to avoid rear-ending a police cruiser.

The police noted that Donovan smelled like alcohol, but the actor refused to take a breathalyzer test. Instead, he admitted to drinking three glasses of wine and a Benadryl.Donovan failed the field sobriety test and was taken into custody. After posing for a mug  shot, Donovan posted bail and was released.

 

YOU JUST GOT A DUI-NOW WHAT?

Being arrested for DUI is a frightening and eye opening experience.  You’ve been pulled over and forced to perform coordination tests by the side of the road or other public place. This is embarrassing and humiliating. You were probably forcibly handcuffed and thrown into the back of a patrol car. You were then transported to jail where you went through the booking process and had your blood, breath or urine tested. If you were lucky, they processed and released you, however, most people are forced to undergo hours in a “drunk tank” or “holding cell”. You may have been forced to stay in that filthy, smelly cell for hours.

 

You must request an Admin Per Se within ten days of your arrest. The arresting officer may or may not have brought this to your attention. You must request a hearing from the Driver Safety Office or the main DMV office in Sacramento, not your local Licensing Office (where you to go to renew your license or register your car). And you want to hire an experienced and specially trained DUI lawyer. Don’t delay. Call my office now for your free consultation at 1 (866) DUI-BUST or visit my website for more information at www.drunkdrivinglawyer.com.

 

TOP 10 TICKET PRONE AUTOMOBILES

#1 Ticket Prone: Hummer H2 / H3

Speeding Ticket Rating: 4.63 times average

The study combined the H2 and the H3 SUVs, although they are very different vehicles. The H2 is a big, powerful, expensive vehicle, while the H3 is mid-sized.

#2 Ticket Prone: Scion tC

Speeding Ticket Rating: 4.60 times average

The tC coupe has proven to be a popular entry for Scion, especially with younger buyers, due to its low price, reliability and spiffy design.

#3 Ticket Prone: Scion xB

Speeding Ticket Rating: 4.03 times averageEven more popular among younger buyers — especially those in big cities — the funky-boxy Scion xB has been labeled an “urban utility vehicle.”

#4 Ticket Prone: Mercedes-Benz CLK

Speeding Ticket Rating: 3.97 times average

The CLK63 AMG is one of four models within the CLK-Class — a class marked by luxury refinements and road-burning engine performance.

#5 Ticket Prone: Toyota Camry Solara

Speeding Ticket Rating: 3.06 times averageThe Solara is Camry’s coupe / convertible entry, so it’s sportier than the more high-volume Camry family sedan — although it does offer the utility of a full rear seat.

#6 Ticket Prone: Mercedes-Benz CLS 63 AMG

Speeding Ticket Rating: 2.76 times averageThe CLS63 AMG is the sportier entry in Mercedes-Benz’s “youthful” CLS-Class, which also includes the CLS550.

#7 Ticket Prone: Scion x

Speeding Ticket Rating: 2.75 times averageThe Scion xA was discontinued after 2006 to make room for the Xd.  Many xA’s are still out on the road, given Toyota’s rep for reliability. It’s a solid, small five-passenger hatchback, is a youthful entry like all Scions.

#8 Ticket Prone: Subaru Outback

Speeding Ticket Rating: 2.66 times averageThe Outback wagon has two-tiered appeal. The sport-wagon design beckons off-roaders, and its roomy interior appeals to both sportster types and to those who have other cargo-hauling needs.

#9 (tied) Ticket Prone: Audi A4

Speeding Ticket Rating: 2.64 times averageTied with the Toyota Matrix, Audi’s A4 is one of the many stalwarts in the company’s stable, offering spiffy design elements and quality accoutrements.

#9 (tied) Ticket Prone: Toyota Matrix

Speeding Ticket Rating: 2.64 times averageTied with the Audi A4, Toyota’s Matrix was totally redesigned for ’09, is now available as a ’10 model.

 

Driving Instructor Drunk During Lesson

NEWBURYPORT, Mass. (April 17) – A driving instructor who police say was drunk while giving someone a driving lesson will not serve jail time, but will lose his license for a year. Daniel Winsky, 53, of Salem was convicted Thursday of operating under the influence while giving a lesson from the passenger seat of a car. He was sentenced to 18 months probation, and will lose his license for one year.

 

Winsky was not behind the wheel during the December 2007 lesson in Ipswich, but prosecutors say he was in control of the passenger side brakes in the specially fitted car and also moved the wheel during the lesson.

 

Police pulled Winsky over shortly after a convenience store clerk smelled alcohol on his breath, then saw him enter the auto school’s car. Winsky claimed he was not drunk during the lesson.

 

The Los Angeles Clippers Suspend Player After DUI Arrest

The Los Angeles Clippers suspended forward Zach Randolph for two games on April 6^th, after he was arrested for suspicion of drunk driving, just hours after the team’s 88-85 loss to the Los Angeles Lakers.

 

Two California Highway Patrol officers saw a white Rolls Royce traveling south on the 405 Freeway, in the Culver City area near west Los Angeles. The car was spotted “weaving” at about 2:25 a.m.

 

The officers pulled the car over and identified Randolph as the driver. They could smell the odor of alcohol on Randolph. After completing a DUI investigation, Randolph was arrested and taken to the Men’s Central Jail in downtown Los Angeles.

 

Randolph spoke with reporters following the incident, but would not comment on the specifics of the incident. He did tell reporters, “I regret that the situation happened. I hope people don’t rush to judgment. All I have to do now is focus on basketball and let the process run its course. Let it work itself out.”

 

Randolph was arrested in 2003, while playing for the Portland Trail Blazers, after police noticed the smell of marijuana coming from his vehicle.

 

A Woman in Redding California is Sentenced to Six Years in Prison for Texting Crash

A woman who crashed into a line of stopped vehicles while text-messaging on her cell phone has been sentenced to six years in a California prison for killing a woman in one of the vehicles.

 

Investigators said Deborah Matis-Engle was speeding while  text messaging when she slammed into the vehicles stopped at a construction zone in August 2007. Deborah Matis-Engle was sentenced March 3, 2009,  by a judge in Redding, California.

 

Shasta County prosecutor Stephanie Bridgett said the 49-year-old woman had paid several bills by cell phone in the moments before the crash.

 

She was in the middle of one of those transactions when she struck a vehicle that burst into flames, killing 46-year-old Petra Winn.  The defense is expected to appeal the court’s decision.

 

Donte Stallworth Charged with Manslaughter Following DUI Arrest

Cleveland Browns wide receiver Donte Stallworth was charged April 1, 2009,  with killing a pedestrian last month while driving drunk after a night out at a swank South Beach nightspot.

 

An arrest warrant charging Stallworth, 28, with DUI manslaughter was filed in the March 14 accident that killed 59-year-old Mario Reyes. If convicted, Stallworth would face up to 15 years in prison.

 

Stallworths blood-alcohol level after the crash was .126, well above Florida’s legal limit of .08, according to results of a blood test. Stallworth will also be charged with DUI, which carries a possible six-month sentence plus fines and community service for first offenders.

 

Whenever a deadly accident occurs and a driver is impaired, families suffer, said the Miami-Dade State Attorney in a statement. I can only repeat this message over and over: If you are going to drink, don’t drive.”

 

Stallworth, who is expected to surrender in court April 2^nd, released a statement last month saying he was grief-stricken over the accident. Prosecutors said they will ask that he be released on $200,000 bail.

 

A spokesperson for the Browns said in a statement that they are “disappointed” that Stallworth has put himself in this position.

 

We are saddened by the circumstances that have taken place and our thoughts and prayers go out to the family of Mario Reyes, the statement said. We have been in communication with the commissioner, who is reviewing the situation under league policies, and we will withhold further comment at this time.

 

An NFL spokesman said the league will review the case under its conduct and substance abuse policies.

 

As the state attorney has said, this was a tragic accident that raises serious issues and we join all those who have expressed their sympathies to the Reyes family.”

 

Stallworth will be prohibited from driving while on bail and not allowed to drink alcohol, according to court documents. He also must observe a midnight to 6 a.m. curfew and submit to random alcohol and drug testing through the NFL’s substance abuse program.

A Miami Beach police report said Reyes was not in a crosswalk on busy MacArthur Causeway when he was struck by the black 2005 Bentley luxury car driven by Stallworth. The construction crane operator was trying to catch a bus home after finishing his shift around 7:15 a.m.

 

The report also quoted Stallworth as saying he flashed his lights at Reyes in an attempted warning and that Stallworth was driving about 50 mph in a 40 mph zone.

An additional police affidavit filed April 1^st,  said that on the morning of the crash, Stallworth was drinking at a club in the posh Fountainebleau Hotel in South Beach. He left to go to a nearby home. It is  not clear if it was one of his three Miami-area properties—and then headed out to the causeway where Reyes was struck.

 

I hit the man lying in the road Stallworth told officers arriving to investigate the crash, according to the affidavit. One officer smelled alcohol on Stallworth’s breath and said that his eyes appeared bloodshot and watery.

 

Stallworth signed a seven-year, $35 million contract with the Browns before last season but was injured much of the year. He previously played for New England, Philadelphia and New Orleans.

 

Real ID

Federal Real ID

REAL ID is a nationwide effort to improve the integrity and security of state-issued driver’s licenses and identification cards. It’s believed that it will help fight terrorism and reduce fraud.

The 9/11 Commission recommended that the U.S. improve its system for issuing identification documents, urging the federal government to set standards for the issuance of sources of identification. The REAL ID Act of 2005 was Congress’ response to this recommendation.

REAL ID - compliant licenses and ID cards must meet minimum standards which include:
information and security features that must be incorporated into each card
applicant’s proof of identity and lawful status
verification of the applicant’s source documents
security standards for issuance of licenses and identification cards

Why We Need REAL ID

Raising the standards of state-issued identification is an important step toward enhancing national security. Because a driver’s license serves so many purposes (access to federal buildings, nuclear power plants, boarding aircraft, etc.), terrorists actively seek fraudulent state-issued identification. The REAL ID rules will make it more difficult for them, while making it easier for law enforcement to detect falsified documents.

REAL ID Current Status
REAL ID went into effect May 11, 2008. Recognizing states need more time to implement REAL ID, the Department has offered states an extension to allow time to meet the requirements.

If your state has been granted a REAL ID extension, your current driver’s license is still a valid form of identification for boarding a federally-regulated airplane, accessing a federal facility or nuclear power plant.

REAL ID Privacy Impact Assessment
A Privacy Impact Assessment (PIA), as mandated by the E-Government Act of 2002, ensures that the Department is fully transparent about how intended information technology systems may affect privacy. The REAL ID PIA examines how drivers’ and identification holders’ personal information will be collected, used, disseminated, and maintained.

 

Recap of New Laws Which Went into Effect on January 1, 2009

Among the new laws is AB 2241, limits the issuance of temporary operating permits to those individuals whose vehicles have yet to pass a smog check. The law calls for a $50 fee for one 60-day temporary operating permit only if the vehicle has been tested at a smog station and failed.

This new law ensures that vehicles on our highways are properly registered and maintained, and also supports efforts to reduce emissions which keep Californians healthy.

 

In the past, owners were able to secure a temporary operating permit for 60 days or more if, after paying their renewal fees on time, they were unable to get a smog certificate for any reason. The continued operation of vehicles that have not met California’s smog test requirements is estimated to be emitting one to two tons per day of hydrocarbons and oxides of nitrogen.

 

Another law that will take effect in 2009 is SB 28, which coincides with the cell phone law of 2007 and prohibits text messaging with a cell phone or other text-based communications while driving a vehicle. In all, 1,187 bills were passed and 772 were signed into law including over 80 changes to the Vehicle Code during the 2008 legislative year. Some of the other changes include fee increases to improve air quality, DUI penalties, and a new special interest license plate which took effect on January 1, 2009.

 

Following is an abbreviated summary of the new laws that went into effect January 1, 2009, unless indicated otherwise.

 

CONSUMER PROTECTION

 

*Unlicensed Car Dealers – This new law allows law enforcement officers to impound vehicles that are being sold by unlicensed dealers.

 

*Counterfeit Clean Air Stickers – This new law will make it a crime to forge, counterfeit, or falsify a Clean Air Sticker. These stickers are currently issued by DMV to certain low emission vehicles and permit vehicles with these stickers to be driven in the HOV lane.

 

TRAFFIC SAFETY

 

*Text Messaging – This new law makes it an infraction to write, send, or read text-based communication on an electronic wireless communication device, such as a cell phone, while driving.

 

*DUI Probation License Suspension – A change in the driving under the influence (DUI) law creates a new authority for DMV to administratively suspend the driver’s license for one year under a zero tolerance standard. The new law authorizes law enforcement to issue a notice of suspension and impound the vehicle of a person who is driving with a blood-alcohol concentration (BAC) of 0.01 percent or greater while on court-ordered post-DUI probation.

 

AIR QUALITY

*Temporary Operating Permits  - This law restricts DMV from issuing temporary operating permits to allow more time to obtain a smog certificate as part of the registration renewal process. Under the law, extensions will cost $50 and are only allowed if the vehicle has been tested at a smog station and failed. The extension can be for no more than 60 days from the date registration is due. The $50 fee will be waived for owners accepted into the Bureau of Automotive Repair Consumer Assistance Program (CAP).

 

*San Joaquin Valley Air Pollution Control District Fee – In an effort to fund programs to reduce vehicle emissions, vehicle owners who register their vehicles in San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, and Tulare Counties and Valley portions of Kern County will be assessed an air quality fee of $6.

 

*New Special Interest Plate – A new Gold Star Family special interest license will be available to family members of individuals killed in the line of duty while serving in the Armed Forces during wartime or military operations.

 

*Motorcycle Definition – This new law changes the definition of a motorcycle, deleting the existing weight limitation of 1,500 pounds. It also removes a separate definition for electrically-powered vehicles. This change in law will also allow drivers of fully-enclosed 3-wheeled motor vehicles to use the High Occupancy Vehicle (HOV) lanes.

 

 

What to Do When You Are Pulled Over

There are few things more nerve-wracking, or more anxiety-producing for even the most law-abiding driver, than seeing the flashing red and blue lights of a police car in your rear-view mirror.

 

It doesn’t always have to be a harrowing experience, even if you know that you were driving well over the speed limit, or that your registration is expired, or heaven forbid, you’ve had a few too many cocktails and are behind the wheel anyway.

 

There are a few simple rules to follow to make sure the experience doesn’t have to be any more unpleasant than it already is — considering that it’s likely you will come away with a fat ticket.

 

A former Virginia State Trooper, now retired and working happily at an intelligence analyst job for a federal agency in Washington, D.C., shared his six tips.

 

1.            Pull Over in a Safe Area – First of all, the most important rule to follow is to pull over in a safe area, as soon as it is reasonable and safe to do so. Don’t pull over in a place that is going to put you or the officer in danger, like a narrow left-hand-lane shoulder on a highway. If you do that, the officer is not going to get out and risk being hit — he’s going to get on the loudspeaker and tell you to move over to the right shoulder, and then you have to negotiate traffic to try to cross the highway. That can be aggravating, and you don’t want to lock yourself into a ticket by making the officer mad.

 

2.            Don’t Coast – Secondly, don’t coast for several blocks before pulling over. If you just keep coasting, the cop is going to think you’re up to something. He may think you’re stalling because you’re trying to stash something. If you pass a few safe places to pull over, the officer is definitely going to think you’re up to something.

 

3.            Keep the Engine Running – Surprisingly it’s advisable that you not to turn off your engine, especially if you’re driving an old vehicle that’s not reliable, it might not start again, and then the officer is in a situation where he may have to wait for the you to call a tow truck.

 

4.            Keep Your Hands on the Wheel- Keep your hands on the wheel as the officer approaches your vehicle. The officer is wary of where your hands are. They always focus on the driver’s hands, and if they’re not on the wheel, he will be immediately more apprehensive, and that doesn’t help your situation if you’re the driver.

 

5.            Stay in the Car – You should always stay in the car. They usually don’t want anyone out of the car, ever. If you get out of the car, the officer may be thinking he has something to be afraid of, like they’re wanted, or intoxicated, and in either case, that’s a safety issue for the officer.

 

6.            Be Careful What You Say – Being polite to the officer isn’t necessarily a pre-requisite. They may not demand respect, but they don’t want disrespect. If you want to be rude and yell and complain and say you’re going to file a complaint against the officer, that’s fine,– just don’t get physical. And don’t use curse words in an aggressive way, because that may get you arrested for disorderly conduct.