Monday, December 28, 2009

Former Pittsburgh News Anchor Arrested On DUI Charges

PITTSBURGH -- Former Pittsburgh news anchor, Donald Clark, who worked under the name of Don Cannon, was arrested in California Tuesday night.
Clark, 69, was wanted on bench warrants for failure to report for sentence on two separate driving under the influence cases. Both of these cases occurred in late 2007 and Clark had pleaded guilty in both cases, according to police.
Sometime after his guilty plea, Clark had moved to Carlsbad, Calif. He was supposed to report to start serving his sentence on or around Oct. 21, 2009 and failed to do so. Subsequently, two bench warrants were issued for his arrest.
Tuesday night, sheriff's deputies made contact with police in Carlsbad and provided them with an address for Clark and asked for their assistance in apprehending him.
When deputies spoke to these officers, they learned that one the officers they were speaking with had arrested Clark there recently on another DUI and was in court with Clark earlier that day, according to police.
After making several attempts at Clark's residence in Carlsbad, police were able to apprehend him without incident.
Clark is being held in the San Diego County Jail without bond until he is extradited to Pittsburgh.



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Tuesday, December 15, 2009

Pro Surfer Sentenced For Fatal DUI Crash

SAN DIEGO -- A professional surfer who was drunk when he crashed his speeding car in Del Mar last year, killing his 24-year-old passenger, was sentenced Wednesday to four years in state prison.
Milton Willis, 53, pleaded guilty on June 18 to gross vehicular manslaughter while intoxicated and an allegation that his actions on June 6, 2008, caused great bodily injury to Bradley Dillahunty of Laguna Niguel.
Vista Judge Daniel Goldstein could have sentenced Willis to a maximum 10 years in prison.Willis was critically injured in the 1:40 a.m. crash at Coast Boulevard and 20th Street and had to be hospitalized.
Authorities said Willis, who had borrowed Dillahunty's car, lost control of the Toyota Avalon while driving about 65 mph in a 25-mph zone. The sedan hit a parked car and smashed into a palm tree.
Sheriff's officials said evidence at the scene -- including a strong odor of alcohol -- suggested that drinking was a "major" causative factor in the wreck.
Just prior to the accident, Dillahunty, who worked as a musician, had been at Jimmy O's, a sports bar-restaurant on West 15th in Del Mar, sheriff's Sgt. Randy Webb said at the time. It was not clear where Willis had been in the hours leading up to the accident.
Willis, who ran a North County surf school with his identical twin, Michael, is famed for plying some of the world's largest waves and credited as a developer of "tow-in surfing," in which a surfer is pulled onto a very large breaker by a cord attached to a personal watercraft or helicopter.
The Willis brothers also established the first surfing class in a U.S. public high school in 1972 and co-authored a book of philosophical essays inspired by their surfing careers.


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Saturday, November 28, 2009

LOS ANGELES DUI ATTORNEY CLAIMS DIABETICS OFTEN FALSELY CONVICTED OF DRUNK DRIVING

Los Angeles DUI lawyer Lawrence Taylor, known nationally as the "Dean of DUI Attorneys", claims that many citizens accused - and convicted - of driving under the influence of alcohol (DUI) are actually innocent. Their crime: diabetes.
Taylor, the author of the best-selling legal treatise Drunk Driving Defense, claims that the symptoms of a diabetic with hypoglycemia (low sugar level) resemble those of alcohol intoxication. Further, he claims, diabetics have a chemical in their breath which causes breathalyzers to register high blood-alcohol levels.
The Los Angeles DUI attorney refers to the phenomenon as the "counterfeit DUI".
The symptoms of hypoglycemia are well-known: slow and slurred speech, poor balance, impaired motor control, staggering, drowsiness, flushed face, disorientation - in other words, the classic symptoms of alcohol intoxication. This individual will look and act like a drunk driver to the officer, Taylor says, and will certainly fail any DUI field sobriety tests.
As one medical expert has observed, "Hypoglycemia is frequently seen in connection with driving error on this nation's roads and highways ... Even more frequent are unjustified DUIs or DWIs, stemming from hypoglycemic symptoms that can closely mimic those of a drunk driver." From "Hypoglycemia: Driving Under the Influence" in 8(1) Medical and Toxicological Information Review.
Nor will a DUI breath test clear him, Taylor claims. The Los Angeles DUI lawyer points out that breathalyzers don't actually measure alcohol on the breath. Rather, they use beams of infrared light which are absorbed by any chemical compound in the breath that contains the methyl group in its molecular structure. The machine is programmed to assume that the compound is "probably" alcohol.
Unfortunately, thousands of compounds contain the methyl group and can register as alcohol. One of these is acetone. And a well-documented by-product of hypoglycemia is a state called ketoacidosis, which causes the production of acetones in the breath. In other words, the DUI attorney says, the breathalyzer will read significant blood alcohol levels where there may be little or none. This has been repeatedly documented in scientific studies such as Brick, "Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study", 9(1) Alcohol, Drugs and Driving.
How often innocent diabetics falsely convicted of DUI? Taylor points out that roughly one in seven sober drivers on the road suffers from diabetes.
For more information, visit the law firm's website at http://losangeles.duicentral.com/ . Inquiries may be directed to the firm's main Los Angeles office: 562.989.4774.
About THE LAW OFFICES OF LAWRENCE TAYLOR
With a national reputation and the highest professional ratings, The Law Offices of Lawrence Taylor has specialized in DUI defense exclusively for 29 years. The firm's California DUI defense attorneys serve clients statewide from offices in Los Angeles, San Diego, Orange County, Riverside and San Francisco.


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Sunday, November 15, 2009

Pro surfer sentenced to 4 years for California DUI fatality

Professional surfer Milton Willis was officially sentenced to 4 years as a result of a 2008 DUI accident that took the life of his passenger.

Bradley James Dillahunty, a 24-year-old California surfer, was killed during the June 6 accident. Dillahunty was finishing his degree at Cal State Long Beach when his life was cut short. Willis, 53, pleaded guilty to gross vehicular manslaughter and DUI in connection with the accident.

In pre-hearing meetings, the defense and prosecution could not agree on a sentence. Judge Daniel Goldstein handed down the 4-year sentence at the Vista Courthouse - a possible 10-year sentence could have been handed down. Adding to the sentencing was Willis's history of DUI arrest in 2000 for misdemeanor drunk driving.

Willis has made his reputation as a wise surf guru. He co-authored a book with his twin brother, Michael, called "Discover the Greatness in You." The book was about finding happiness and success on the waves.  Passages from this book were read by angry Family members of the victim. They testified against Willis as they viewed a picture of the deceased Dillahunty that hung over the hearing.

Willis was driving Dillahunty's car the night of the accident. He ran a stop sign while speeding. Willis lost control, hitting cars and trees. Willis broke his back and neck but has recovered for the most part. Dillahunty died on impact.

Family members specifically believe defense attorneys placed some blame on the victim. Both Dillahunty and Willis were drinking the night of the accident in Solana Beach, near San Diego. Attorney Tom Warwick said that Dillahunty asked Willis to drive him home. This argument was supplemented by the fact that Dillahunty had a DUI on his record. Post-mortally, Dillahunty was found to have a BAC of only .03 % compared to Willis's .18%.

Dillahunty's mother, Suzan, accused Willis of not showing remorse or accepting responsibility. She said the increased speed and reckless driving was Willis's choice alone and his responsibility. This aggressive approach was in sharp contrast to the image Warwick painted of the defendant. He gave information on Willis's record of public service as evidence to his character.

Willis gave free surf lessons to Iraq veterans and needy children. He was famous for partially pioneering "tow-in surfing," meaning he is towed into waves too large for a person alone to catch. During his time in Hawaii, Willis had a reputation of saving lives through his bravado in the water. He received a merit in 1997 for rescuing another person.

These factors were not enough to mitigate the sentence according to Judge Goldstein. He said he considered the information, but based the sentence mostly on Willis's behavior the night of the accident. He additionally said Willis did not appear sufficiently remorseful.


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Wednesday, October 28, 2009

Los Angeles DUI Attorney: Smoking Raises Breathalyzer Results

 Los Angeles DUI attorney Lawrence Taylor, author of the legal textbook Drunk Driving Defense, claims that smokers arrested for DUI may have false high results from breathalyzer tests.
Breath machines don't actually measure alcohol, Taylor says. They are actually designed to detect any compound containing the methyl group in its molecular structure and to assume that it is alcohol. They cannot distinguish the difference between alcohol and, among many other compounds, acetaldehyde.
Acetaldehyde is produced in the liver in small amounts as a by-product in the metabolism of alcohol. Unfortunately, the DUI lawyer says, alcohol moving from the blood into the lungs has been found to metabolize there as well. And scientists have found that acetaldehyde concentrations in the lungs of smokers are greater than for non-smokers - far greater. Translated: smokers arrested for DUI are more likely to have falsely high readings on a breathalyzer. "Origin of Breath Acetaldehyde During Ethanol Oxidation: Effect of Long-Term Cigarette Smoking", 100 Journal of Laboratory Clinical Medicine 908.
The Los Angeles DUI lawyer points to another scientific study that found cigarette smoking can influence absorption by the body of alcohol -- and thus attempts to estimate earlier blood alcohol levels when driving based upon levels when tested. Johnson et al., "Cigarette Smoking and Rate of Gastric Emptying: Effect on Alcohol Absorption", 302 British Medical Journal 20.
The researchers reported testing blood samples of a group of smokers both after smoking and after prolonged abstinence. The result was that "areas under the venous blood alcohol concentration-time curves between zero and 30 minutes and 60 minutes and the peak blood alcohol concentrations were significantly less during the smoking period compared with the non-smoking period."
The scientists concluded that the effect of smoking on alcohol absorption has "considerable social and medicolegal relevance", and that the ingestion of nicotine should be taken into account when dealing with legal issues involving alcohol metabolism. In other words, Taylor says, attempts to estimate blood-alcohol levels of a DUI defendant when driving are highly unreliable.


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Monday, October 12, 2009

California DUI Lawyer Explains What to do if You're Stopped for a DUI

Nationally-known California DUI attorney Lawrence Taylor, author of Drunk Driving Defense, offers this advice:
"What should I do if I'm stopped for suspicion of DUI?"
First, don't flunk the "attitude test": Be pleasant and cooperative with the officer. But that doesn't mean to do everything you're asked. For example, you're not required by law to take the DUI field sobriety tests, and frankly I'd advise you to decline them. In Los Angeles, Orange County, San Diego, San Francisco and other parts of California, you may be asked to take a DUI handheld breath test during the DUI investigation; again, you're not required by California law to take it and you should politely decline.
"Should I answer the officer's questions?"
Decline to answer potentially incriminating questions, such as "How much have you had to drink?" or "How do you feel?" Remember: whatever you say that can hurt you will be put in the officer's DUI report - and whatever will help you will be left out. A good answer is, "I would prefer not to answer any more questions until I can see an attorney."
"Should I take a breath or blood test?"
If you're offered a test after you're arrested for DUI, you should probably take it. If you refuse, the possible license suspension and jail time will be longer and a refusal can be used in evidence as an implied admission of intoxication. The blood test is potentially more accurate than the generally unreliable breathalyzer, so if you're confident that your blood-alcohol level is under .08%, take it.
"How serious are the consequences of a California DUI conviction?"
Initially, the possible legal consequences of a DUI conviction depend upon many factors, such as the blood-alcohol level, any prior DUI record, presence of children in the car, etc. Penalties include jail, fines, license suspension, DUI schools, probation and possibly more. But the indirect damage can be considerable: including a criminal record, increased car insurance, employment problems, professional licensing issues, security clearance -- even possible consequences in divorce or child custody cases.
"What is the most important thing for me to know if I'm arrested for DUI in California?"

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Monday, September 28, 2009

9-year-old girl killed in SoCal DUI crash

OCEANSIDE, Calif.—A 9-year-old girl has died in a San Diego County freeway crash blamed on a man suspected of driving drunk.
California Highway Patrol Officer Steven Zelasco says a Lexus carrying the girl struck two cars and a big-rig shortly after 1 a.m. Monday on Interstate 5 in Oceanside.
The driver, 23-year-old Michael Wright Jr. of Commerce, had minor injuries and was arrested for investigation of gross vehicular manslaughter while intoxicated. The girl, who was in the back seat, died at a hospital. Her identity was not released.
Zelasco says the vehicles had slowed because of road work when the Lexus, doing more than 50 mph, rear-ended one and then hit two others.
Two other drivers had injuries but they were not serious.

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Monday, September 14, 2009

Man Suspected Of DUI Death Of Girl In Custody

CARLSBAD, Calif. -- A 23-year-old Los Angeles man is in custody Tuesday on suspicion of killing his 9-year-old passenger when he drove drunk on a Carlsbad freeway, authorities said.
Michael J. Wright Jr. of Commerce in Los Angeles County was arrested shortly after the fatal crash, which occurred around 1 a.m. Monday on northbound Interstate 5 at Cassidy Street, according to the California Highway Patrol.
Nine-year-old Violet Rosenquist, also of Los Angeles County, was a rear seat passenger in a 2006 Lexus RS330 driven by Wright.

Wright is being held in the Vista jail on $300,000 bail on suspicion of gross vehicular manslaughter, driving under the influence and other charges, according to jail records.
Wright allegedly failed to notice in time that vehicles were slowing down, then swerved to the right and crashed into a Dodge Caliber, hit a Honda CRV and slammed into the left rear of a big rig, the CHP reported.
Rosenquist was flown to Rady Children's Hospital, where she died minutes after arriving, according to the San Diego County Medical Examiner's Office. Her relationship to Wright remained undisclosed early this morning.
The driver of the Dodge suffered minor injuries, while the Honda's driver was taken to Tri-City Medical Center with moderate injuries, according to the CHP and a Carlsbad fire dispatcher.
Wright is expected to be arraigned Wednesday afternoon at the Vista courthouse, according to jail records.

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Tuesday, September 1, 2009

More DUI Enforcement on On Local Highway

SAN DIEGO — A law enforcement agency in San Diego’s north county is getting a grant to step up DUI enforcement along State Route 76.

The California Highway Patrol’s Oceanside office is getting 266,000 for increased DUI patrols and sobriety checkpoints along 38 miles of Route 76. There have been 13 deaths and 303 injuries related to DUI’s on the road in the past three years. Sergeant Tom Greenstone says the casinos in the area play a role in the crashes.

“We have a number of high incidences of crashes that are fatalities and DUI involved that we have been able to relate back to the casinos and not just one but all of them out there on the east side of I-15 on SR 76,” he said.

The grant comes from the State Office of Highway Safety. The extra enforcement measures will begin in September and last for about a year and a half.

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Thursday, August 20, 2009

Supreme Court Cites Los Angeles DUI Attorney as Authority

LONG BEACH, Calif., Aug. 5 /PRNewswire/ -- In a landmark decision, the California Supreme Court has cited a Los Angeles DUI lawyer as authority in reversing previous law prohibiting California DUI attorneys from offering evidence in trial that breathalyzers used in drunk driving cases are susceptible to inherent error.

In California v. Neal, the Supreme Court three times cited the legal textbook California Drunk Driving Defense, 4th edition as scientific authority for its decision. Used by California DUI lawyers statewide, the best-selling text on the subject is authored by Los Angeles DUI attorney Lawrence Taylor. As reported in TheNewspaper.com: A Journal of the Politics of Driving:

The California Supreme Court last Thursday entered a ruling allowing motorists accused of driving under the influence of alcohol (DUI) to question the reliability of the breathalyzer machinery used to secure convictions.

"Simply put, the machines all automatically convert the amount of alcohol tested in the tiny amount of breath taken from the suspect," California DUI attorney Lawrence Taylor explained. "The internal computer multiplies the amount by 2100 -- using the average ratio of alcohol in blood to alcohol in breath -- to estimate the amount of alcohol in the suspect's blood. Problem: We are not all average. And ratios vary from 1300:1 to 3500:1."

With this in mind, the supreme court held that partition ratio evidence may now be raised as a defense to a general DUI charge. The court, however, in previous rulings made it clear that motorists could be convicted of per se DUI regardless of any scientific evidence regarding actual intoxication. The high court cited Lawrence Taylor as an authority on the subject three times in its decision, but Taylor blasted the decision as irrational.

Known nationally as "The Dean of DUI Attorneys", Lawrence Taylor is a former Los Angeles deputy district attorney and Fulbright Professor of Law who has lectured to DUI lawyers in over 41 states. Taylor currently heads his law firm of 8 DUI defense lawyers serving clients in Los Angeles, Orange County, Riverside-San Bernardino, San Diego and the San Francisco Bay area.

The decision has been widely applauded by DUI defense attorneys in California, while prosecutors have criticized the decision, predicting that it will result in far more DUI lawyers winning acquittals

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