Arkansas QB Cole Kelley arrested for drunk driving

FAYETTEVILLE, Ark –  Arkansas quarterback Cole Kelley has been arrested for driving while intoxicated, careless driving and other offenses in Fayetteville.Continue Reading BelowA report filed by the Fayetteville Police Department says the 20-year-old redshirt freshman was booked at 8:47 a.m. Sunday. Bond for Kelly was set at $935 and records indicate Kelly was being held at the Washington County Jail two hours later.The police report says Kelley refused to take a breathalyzer test. Records indicate an initial court hearing for Kelley is scheduled Monday.In a statement, Arkansas head coach Bret Bielema says he’s aware of the incident involving Kelley and that the university is gathering information.Kelley played in the fourth quarter in Arkansas’ 33-10 loss to LSU on Saturday. He has 1,038 passing yards, eight touchdowns and four interceptions this season.

Source: Arkansas QB Cole Kelley arrested for drunk driving | Fox News

Trooper claims he was forced to change DUI arrest record for judge’s daughter

Mass. state trooper claims he was forced to change DUI arrest record for judge’s daughterFox NewsA Massachusetts state trooper is claiming that he was forced to alter an arrest record for a local judge’s daughter after she was stopped for driving under the influence.Continue Reading BelowTrooper Ryan Sceviour, 29, was reprimanded last month for allegedly including comments about oral sex in the Oct. 16 arrest report of Allie Bibaud, the daughter of Dudley District Court Judge Timothy Bibaud.According to Boston 25, Sceviour arrested the younger Bibaud after she allegedly swerved into a police construction detail on I-190 in Worcester. During her arrest, Bibaud allegedly said: “My dad’s a [expletive] judge. He’s going to kill me,” along with comments seemingly implying she would trade sexual favors for leniency.Sceviour wrote everything she said in his report. He claims he was simply doing his job.Continue Reading BelowBut Bibaud’s father allegedly asked friends in positions of authority to have the comment removed from the arrest report, Boston 25 reported.Sceviour claims his superiors, including State Police Major Susan Anderson, forced him to redact the arrest warrant three days later and threatened to fire him if he refused. “You are to immediately code 7 to the barracks, per the colonel. It’s an order from the colonel. It’s got something to do with an arrest report, umm, a judge’s daughter,” said a voicemail recording left on Sceviour’s phone.After Sceviour edited the report, he was reprimanded for including her salty language.“The revision consisted only of removal of a sensationalistic and inflammatory directly quoted statement by the defendant, which made no contribution to proving the elements of the crimes with which she was charged. Inclusion of an unnecessary sensationalistic statement does not meet the report-writing standards required by the department,” a police statement said at the time. Sceviour told Boston 25 he has not been able to sleep since he was forced to alter the police report. He wants an apology and to clear his name.“They have impaired his reputation. People hear his name, ‘isn’t that guy who faked the report. Isn’t that the guy who covered up for the judge?’” Sceviour’s attorney Lenny Kesten told the news station. “He said, ’I don’t want to. This is wrong.’ He said, ‘this is morally wrong.’ [Anderson] said it’s a direct order from the colonel.”In a statement, the state police stood behind its decision to revise the arrest report.“The removal of the inflammatory and unnecessary quotation did not change the substance of the trooper’s narrative, did not remove any elements of probable cause from the report, and, most importantly, had no impact on the charges against the defendant,” the statement read. “The defendant remains charged – as she was initially charged — with operating under the influence of drugs, operating under the influence of liquor, negligent operation of a motor vehicle, and two other motor vehicle offenses, and she will be held accountable for those crimes based on the evidence collected by State Police.”

Source: Mass. state trooper claims he was forced to change DUI arrest record for judge’s daughter | Fox News

Trustee charged with OVI ordered to spend 3 days in jail

Howland Twp. trustee charged with OVI ordered to spend 3 days in jailThe trustee was pulled over on Oct. 28 on Route 422By WKBN StaffPublished: November 10, 2017, 5:28 am Updated: November 10, 2017, 7:16 am NILES, Ohio (WKBN) – The Howland Township trustee charged with OVI will spend three days in jail.According to court records, James Lapolla, Jr. pleaded no contest to the charges and was sentenced Wednesday to 30 days in jail, 27 of those days were suspended. His license is also suspended for six months.Lapolla will have to serve those three days in jail within 60 days. His attorney also filed a motion Thursday for Lapolla to attend a driver intervention program.AdvertisementLapolla was charged with OVI and a lane violation after police pulled him over on Route 422 on Oct. 28.A police report says Lapolla told officers he had a few drinks but didn’t submit to a blood alcohol test.

Source: Howland Twp. trustee charged with OVI ordered to spend 3 days in jail – WKBN.com

Suspected drunk driver crashes into McDonald’s drive-through, fights police – TheIndyChannel.com Indianapolis, IN

INDIANAPOLIS — Police say a woman drunkenly crashed into a McDonald’s drive through early Sunday morning before attacking responding officers.The crash happened around 2:00 a.m. Sunday at the McDonald’s located at 3649 South Keystone Avenue.According to an incident report, 29-year-old Skyla Bolden crashed her 2009 Nissan into a pole in the restaurant’s drive-through.When officers responded, Bolden allegedly kicked one of them.According to police, Bolden has a prior OWI arrest and blew a 0.220 BAC on a portable breathalyzer.Bolden was arrested on preliminary charges of operating a vehicle while intoxicated and battery on a police officer.

Source: Suspected drunk driver crashes into McDonald’s drive-through, fights police – TheIndyChannel.com Indianapolis, IN

Actor Lou Diamond Phillips charged with DWI in Texas | Newsday

Actor Lou Diamond Phillips charged with DWI in Texas

This undated photo provided by the Portland Police

This undated photo provided by the Portland Police Department shows Lou Diamond Phillips. The actor has been charged with DWI in Texas just hours before a scheduled appearance in Corpus Christi. Police in nearby Portland arrested Phillips early Friday, Nov. 3, 2017. Jail records show bond wasn’t immediately set for Phillips, who starred in “La Bamba.” / Portland Police Department via AP

PORTLAND, Texas — Actor Lou Diamond Phillips faces a driving while intoxicated charge in Texas for an incident that happened just hours before he appeared at a speaking engagement in Corpus Christi.

Police in Portland, Texas, arrested Phillips around 1:30 a.m. Friday. Jail records show the “La Bamba” star was freed after posting bail, which had been set at $2,500.

Police Chief Mark Cory says an officer was conducting an unrelated traffic stop when the 55-year-old Phillips drove up and asked for directions. The officer suspected Phillips had been drinking.

Cory says Phillips’ blood alcohol level was .20 percent — more than twice the legal limit for driving.

Cory says Phillips, who listed a California address, was cooperative.

Jail records listed no attorney for Phillips, a 1980 graduate of Corpus Christi’s Flour Bluff High School.

Source: Actor Lou Diamond Phillips charged with DWI in Texas | Newsday

Charleston-Area State Senator arrested for DUI, providing false information – WCBD News 2

CHARLESTON COUNTY, S.C. (WCBD) — South Carolina Senator Paul Campbell has been arrested for driving under the influence (DUI) and providing false information to police.According to South Carolina Highway Patrol, the crash happened on Saturday, at 9:15 PM on I-26 near mile marker 204 in Charleston County.Troopers say Campbell’s vehicle rear-ended another car in congested traffic. When SCHP arrived on scene, there was discrepancy about who was driving the at-fault vehicle.AdvertisementThe incident report explains Campbell’s wife told authorities she was driving the vehicle. Campbell also told authorities his wife was driving.  Through witness interviews, Troopers determined Sen. Campbell was the driver of the car and administered a field sobriety test.The test registered his blood alcohol level at .09%, while the legal limit is .08%. Campbell was arrested for DUI and providing false information to police and booked in the Charleston County Detention Center. Campbell’s wife was also cited for providing false information to police. She was released at the scene.Campbell is a Berkeley County Republican, representing Charleston, Berkeley and Dorchester Counties, and is Chairman of the Senate Ethics Committee. He has served in the SC Senate since 2007. He is also Executive Director and CEO of the Charleston International Airport.Campbell had a bond court hearing Sunday morning. However, his image did not appear on the large, public monitor. Audio could be heard in the courtroom, and the judge could see the streaming image, but staff members say the public monitor was in sleep mode.Charleston County authorities released the full video to media Monday.

Source: Charleston-Area State Senator arrested for DUI, providing false information – WCBD News 2

Driving While Stoned: The Penalties and Gray Area in Marijuana Law

smoking a joint

As of November 2017, some 29 states had legalized marijuana for medicinal use. By 2018, eight of those states will allow the recreational use of pot, too. Add in the millions of Americans who smoke weed illegally and you have a small army of stoned individuals hanging out in public at all hours.

At your local bar or drum circle, that’s not a problem. On the other hand, when driving your kids home from school, you don’t want to run into a guy who just took a round of bong hits. Likewise, marijuana users need to know the risks they face if they get behind the wheel high. State penalties for stoned driving are mostly as harsh as they are for drunk driving. Nothing kills a buzz like 120 days without your license or $1,500 in fines.

However, there is no “pot breathalyzer” yet, and officers usually need special training necessary to otherwise judge intoxication via weed. Overall, confusion reigns, and the arrests of people who hadn’t used marijuana before driving have made the situation worse. Here’s what everyone needs to know about pot and driving, down to the gray areas in the law.

1. The risks of driving while high

While there is agreement among scientists that driving under the influence of marijuana creates a more dangerous situation, there is no consensus of just how much danger. A 2016 paper from the Society for the Study of Addiction found the increase in crash risk “of low to medium magnitude.” That assessment scaled back some of the hyperventilating following the legalization of recreational marijuana.

Even government agencies have a hard time saying how marijuana affects motorists. In February 2015, NHTSA released a study on alcohol and drug use among drivers. Once again, they found clear evidence of impairment among drunk drivers, down to the degree. Drug users proved harder to gauge. “At the current time, specific drug concentration levels cannot be reliably equated with a specific degree of driver impairment,” the report concluded.

Source: Driving While Stoned: The Penalties and Gray Area in Marijuana Law

Man held for allegedly smashing in door of city home in a rage

PITTSFIELD — A city man already facing charges has had his bail revoked after allegedly starting to “act crazy out of nowhere” last weekend, damaging a car, kicking in a locked door and smashing a cellphone.

Zachary W. Love, 23, faces multiple new charges in addition to charges on two open cases, which include credit card larceny and operating under the influence, from June and July, respectively.

Responding to a report of a breaking and entering in progress on John Street about 1:38 am. Saturday, police encountered a witness who said Love had kicked in the door of the apartment and was still inside.

The door showed signs of forced entry, police said.

Police spoke to Love, who insisted nothing was going on and said the damage from the door was from a previous break-in.

Another witness told police that a group including Love had a few drinks earlier and had come back to John Street to hang out.

That witness said when the group pulled up to the house, Love began having a “crazy attitude” and accusing a woman in the group, with whom he’d had a relationship, of having received photos from another man, police said. He began hitting the outside of the car with his fists, leaving dents.

Once inside the house, Love allegedly took a woman’s cellphone and went outside with it, removed its SIM card and smashed it. It was at that point, witnesses said Love was locked out of the house, prompting him to kick in the door to get back inside.When police attempted to take Love into custody, he allegedly resisted and thrashed around to avoid being handcuffed.

He pleaded not guilty in Central Berkshire District Court on Monday to three counts of vandalizing property and one count each of felony nighttime breaking and entering, larceny under $250, assault and battery on a police officer and resisting arrest

Judge Paul Smyth then revoked Love’s bail on charges of operating under the influence, unlicensed operation and threatening to commit a crime July. He set a nominal bail of $50 on the new charges.

He is due back in court on Nov. 28 for a pretrial hearing.

A Florida woman rode her horse on a highway drunk, police say.

 She was charged with a DUI

Polk County Sheriff’s deputies arrested Donna Byrne Thursday for riding a horse while drunk. (Courtesy of Polk County Sheriff’s Office)

Nothing’s unusual in Florida, a sheriff department spokesman said Friday. But some things — like a woman arrested this week for allegedly riding a horse while drunk down a busy highway — are still surprising.

Around 3 p.m. Thursday, a passer-by saw Donna Byrne, 53, on the horse looking confused and possibly in danger and notified officers, according to her arrest affidavit. Sheriff’s officers found Byrne on Combee Road near North Crystal Road in Lakeland, about 35 miles east of Tampa. She smelled of alcohol and had red watery eyes. When she dismounted from the horse, she staggered from side to side.

Byrne had ridden the horse for a 10 to 15-mile stretch from Polk City, said Brian Bruchey, a spokesman for the Polk County Sheriff’s Office.

Byrne is being charged with driving under the influence while operating a vehicle — which in her case was a horse equipped with a saddle and bridle. She is also charged with animal neglect for putting the horse in danger of being injured or killed.

“We haven’t had a horse DUI that I’m aware of. We’ve had incidents of bicycle DUIs and motorcycle DUIs, so this was a different kind of thing.”

Donna Byrne, 53, is charged with a DUI for riding her horse drunk on a Florida highway. She also faces a count of animal neglect. (Courtesy of Polk County Sheriff’s Office)

Whether an intoxicated person on horseback can be charged with a DUI or DWI varies from state to state.

In 1993, an appellate court in California ruled in People vs. Fong that people riding animals on the highway are subject to the same rules as the drivers of automobiles, meaning people must ride their animals at a reasonably safe speed and avoid reckless behavior.

The issue was a hot topic in Montana in 2011, when the state’s department of transportation aired an advertisement featuring a horse picking up its owner after a night of drinking at the bar. In Montana, horseback riders can’t be arrested for driving under the influence, because state law’s criteria for a vehicle in a DUI excludes devices moved by “animal power.”

Several criminal defense lawyers in Florida interviewed by The Post are skeptical of whether the DUI charge will hold up in Florida court. Thomas Grajek, a Tampa attorney who specializes in DUI cases, said he thinks Byrne can’t be charged with a DUI because Florida law states that people riding animals on roadways or shoulders are treated as pedestrians, and are not subject to the same rules as automobile drivers. Grajek said that, if anything, someone riding a horse drunk might be charged with disorderly conduct, similarly to a publicly intoxicated pedestrian.

Officers arrested Byrne after conducting a sobriety test, during which Byrne registered blood-alcohol levels of .157 and .161, twice the state’s legal limit of .08. The horse was taken to the Polk County Sheriff’s Animal Control livestock facility, officers said.

“The road she was stopped on was a very busy road,” Bruchey said. “Of course, if somebody hit the horse, then that person would be in danger. And (Byrne) was a danger to herself.”

The Polk County State Attorney’s office could not be immediately reached for comment. Bruchey, the sheriff’s department spokesman, said the officer who arrested Byrne thought he had sufficient probable cause to consider the horse a vehicle.

“I can tell you it’s going to be interesting if (the DUI charge) goes through,” Bruchey said. “The way sheriffs look at it, the woman put a saddle and bridle on this horse and was riding it to get from point A to point B. For all intents and purposes, we look at that as a vehicle.”

Byrne’s criminal history includes five felony and ten misdemeanor charges, consisting of cruelty to animals, drug possession, probation violation and criminal traffic, officers said. She could not be reached for comment.

Police to begin roadside drug testing pilot program Nov. 8

(WXYZ) – In an effort to combat the dangers of drugged driving, five Michigan counties will participate in a one-year oral fluid roadside drug testing pilot program by Michigan State Police.

The counties include Berrien, Delta, Kent, St. Clair and Washtenaw counties.

The Preliminary Oral Fluid Analysis pilot program will establish policies for the administration of roadside drug testing to determine whether an individual is operating a vehicle while under the influence of a controlled substance.

Over the last several years, Michigan has seen a steady increase in fatal crashes involving drivers impaired by drugs. In 2016, there were 236 drug-involved traffic fatalities.

“Motorists under the influence of drugs pose a risk to themselves and others on the road,” said MSP Director Col. Kriste Etue. “With drugged driving on the rise, law enforcement officers need an effective tool to assist in making these determinations during a traffic stop.”

The counties were chosen based on criteria including number of impaired driving crashed, impaired drivers arrested and trained Drug Recognition Experts in the county.

Under the pilot program, a DRE may require a person to submit to a preliminary oral fluid analysis to detect the presence of a controlled substance in the person’s body if they suspect the driver is impaired by drugs.

Refusal to submit to a preliminary oral fluid analysis upon lawful demand of a police officer is a civil infraction.

http://www.wxyz.com/news/michigan-state-police-to-begin-roadside-drug-testing-pilot-program-nov-8