Thursday, July 1, 2010

New DUI law starts in 4 California Counties

Convicted drunken drivers in four California counties will have to prove they haven't had a drink before they can start their vehicles, under one of several laws taking effect Thursday. The law requires first-time and repeat offenders to install ignition interlock devices in their vehicles. If the device detects alcohol on the driver's breath, the vehicle will not start.

The law can "save hundreds of lives here," said Assemblyman Mike Feuer, D-Los Angeles. "This is a piece of legislation that will really matter at the community level."

The law starts on an experimental basis in four counties—Alameda, Los Angeles, Sacramento and Tulare. The experiment phase will last five years, after which lawmakers can consider expanding the program statewide.

J.T. Griffin, vice president of public policy for Mothers Against Drunk Driving, said he hopes the program will be expanded and serve as a model beyond the 13 states that already require offenders to use interlock devices.

The device consists of a breathing tube, a device that measures alcohol content and a connection to the ignition system. Drivers must blow into the tube before starting the vehicle and periodically must stop to retake the test while they are traveling. The device keeps track of failed tests. Most offenders will be required to pay about $125 to install and $60 monthly to maintain the device, although there is a program for low-income convicts, said Mike Marando, a spokesman for the California Department of Motor Vehicles. The DMV also will collect a one-time $45 administration fee. First-time offenders will be required to have the devices installed for five months. A second DUI extends the requirement to 12 months, a third offense to 24 months and a fourth conviction to 36 months. The time periods double if the offense results in an injury.

There is no limit in California on the number of DUI convictions drivers can have before losing their licenses, according to the DMV. Marando cited a study by the International Council on Alcohol, Drugs and Traffic Safety, which found a 40 percent to 95 percent reduction in the rate of repeat drunken driving offenses while the devices were installed. Violations increased once they were removed.

Joshua Dale, executive director of the California DUI Lawyers Association, said the state would get better results by targeting young or repeat offenders rather than imposing a blanket burden on all DUI offenders. Many first-time offenders learn their lesson and never drive drunk again, he said.

Dale said many drivers will be unable to afford the devices, on top of the typical $2,500 they pay in fines and court fees.

Griffin, who works at MADD's office in Washington, D.C., said requiring the devices is less onerous than prohibiting offenders from driving.

"The interlock device lets them go to work, go to school, go anywhere they want to go. It just requires them to go sober," he said.

The interlock law is among several taking effect July 1, the first day of the state's new fiscal year. For further information, contact your Local Alameda County DUI Attorney.

http://www.mercurynews.com/breaking-news/ci_15413272?nclick_check=1

DUI driver faces 28 years in Jail after guilty verdict

An Aurora woman has been found guilty of 21 counts of drunken driving and reckless homicide in connection with a 2007 crash that killed five teenagers.

Sandra Vazquez looked straightforward and sat erect as the verdict was read in the Kendall County Courthouse in Yorkville on Wednesday. When the guilty verdict came in the reckless homicide charge, she looked down and then regained her composure.

Her lawyer appealed for bond with GPS monitoring, which Judge Clint Hull immediately refused. "I'm sorry the presumption of innocence has been removed today," he said.



Vazquez then broke into tears and began convulsing and was immediately led out of the courtroom by sheriff's deputies. In the gallery, a man with Vazquez's sister yelled out, "Stay strong, Sandra." She was allowed to call her children, ages 4 and 8, to inform them of what happened. The verdict came on the second day of deliberations.

Members of the five woman, seven man jury declined to comment publicly on the case. Defense attorney Kathleen Colton said that indicates to her that the verdict was a difficult one for them to reach. "They did not want to have to justify it. They were emotional. Some appeared to be crying," she said.

Prosecutors alleged that Vazquez was intoxicated on Feb. 11, 2007 when she drove her sedan full of eight teens down Illinois Route 31 in Oswego, lost control and hit a utility pole. Killed were Jessica Nutoni, 15; Tiffany Urso, 16; Matthew Frank, 17; Katherine Merkel, 14; and James McGee.

Colton maintained the Vazquez wasn't intoxicated but instead was distracted by the number of people in her car and the commotion they were causing. Vazquez herself testified that she gave the drunken teens a ride because she felt badly that they were stuck at a party with no way home. Sentencing has been scheduled for Aug. 27. She faces 28 years in prison. For further information, contact yout Kendall County DUI Attorney.



Source: http://www.nbcchicago.com/news/local-beat/sandra-vazquez-verdict-97504194.html#ixzz0sQbscKKH