A guy walks into a bar and asks for a beer. He chugs it, looks into his pocket and asks for another beer. He chugs that beer, looks into his pocket and asks for another.The man does this a few more times until the bartender asks, “How come you ask for a beer, chug it, then look in your pocket?”The man says, “Because there is a picture of my wife in my pocket and I’m gonna keep drinking till she looks good enough for me to go home.”
Josh Daves was standing in the gravel parking lot across from the brewery around 7:30 p.m. when he heard a loud crashing sound, he said. He looked over at his Chevy Silverado that was parked on Green Street and saw a Ford Ranger had crashed into it.
“I was hoping (the driver) was OK because that was a bad accident,” Daves said.
But when Daves ran over to his truck, he said the woman behind the wheel was screaming and seemed ready to drive away .
“I told her, ‘You don’t leave,’” Daves said. “She just slammed on the gas and drove away.”
Officer B.M. Linares responded to the scene and eventually located the vehicle on Kirksey Drive, according to a police report.
Linares arrested the driver, Ruth Ann Lyons, 54, and charged her with driving while impaired and felony possession of a controlled substance with intent to manufacture after oxycodone, hydrocodone and alprazolam were found in her vehicle, the report said.
Daves said he bought his 2014 truck in April, and it was hit by another vehicle two weeks ago. He was prepared to get the earlier incident taken care of on Friday, but the crash on Thursday made his situation even worse.
“I finally worked my way up to where I could get a nice vehicle, and this is what happens,” Daves said.
Daves estimates about $15,000 worth of damage was done to the truck, which was valued at $32,000 before the crash.
Daves is a brewer at Catawba Brewing Company and was working when the crash happened. He said his background in beer makes him even more upset that an allegedly impaired person got behind the wheel.
“I knew she was gone — under the influence of something,” Daves said. “It’s terrible. You should not be out driving and drinking or drugging. She could have easily hit a pedestrian. It could have been a lot worse.”
Linares also found marijuana in the vehicle, the report said. Lyons’ additional charges include simple possession of schedule VI narcotics, possession of drug paraphernalia, no operators license, safe movement violation and misdemeanor hit and run.
Lyons consented to a blood test before being transported to the magistrate’s office, where she was issued a $20,000 bond, the report said. The crash also caused Dave’s truck to hit a Jeep parked beside it.
The Operation Of A Motor Vehicle Requirement For A DUIAn essential element for a DUI conviction in Kentucky according to the Kentucky DUI statute, KRS 189A.010 (1), requires that “a person shall not operate or be in physical control of a motor vehicle anywhere in this state.” A person who is not in control of a motor vehicle simply cannot be guilty of a DUI.So for example, if an officer observes a properly parked vehicle with an intoxicated person sitting behind the wheel, with the keys in the ignition and the motor running, and the person inside sitting there just smoking and texting on their cell phone, is that behavior sufficient to meet the proof of operation to support a DUI arrest? What if the intoxicated person was asleep at the time that the officer arrived? The simple answer to both questions is it depends on the facts and whether the prosecutor can prove the intoxicated person was operating or in control of the vehicle.In order to prove operation or control of the vehicle to support a DUI arrest and subsequent conviction, the prosecutor has the burden of proving the following four factors:Whether or not the person in the vehicle was asleep or awake;Whether or not the motor is running;Location of the vehicle and all the circumstances bearing on how the vehicle arrived at that location; andThe intent of the person behind the wheel.The first factor, whether a person is asleep or awake, is easily observed by the officer. But by itself it is not sufficient to support a DUI arrest. Courts have held that a sleeping person is not in operation of a vehicle.The second factor may be more difficult since determining whether or not a gasoline or diesel engine is running is easy but with the introduction of hybrid and electric vehicles on the roadways in recent years it does make it more difficult to determine whether or not an electric motor is running since they are mostly silent when running and designed to remain off while the vehicle is stopped. However, at least one court has held that merely starting a vehicle’s engine or motor is not an exercise of actual physical control.The third factor, the location of the vehicle and all the circumstances bearing on how the vehicle arrived at that location, are important in determining operation. For example, when did the driver become intoxicated: before or after parking the vehicle? Was the driver discovered before any new driving could begin?The fourth factor, the intent of the person behind the wheel, is more difficult to prove and has been the subject of numerous court hearings over the years. Kentucky courts have held that sleeping drivers in properly parked vehicles could not have had any intention to drive under those circumstances. Furthermore, as a court stated, merely being awake in the driver seat of a vehicle with the engine on does not require finding of an intent to drive or it would constitute a separate factor in the determination of whether the person and the vehicle was awake or asleep.Answering the questions in the example above, a person who is sitting in the driver seat of a properly parked vehicle in which that person can comfortably smoke and text, rather than using the vehicle as a mode of imminent transportation, shows that the person did not intend to drive. In that situation the person is not in operation of the vehicle to support a DUI arrest.
LOS BANOS, Calif. (KRON) — Authorities are investigating whether an 18-year-old Stockton woman live-streamed herself driving drunk Friday in Los Banos.
Obdulia Sanchez was later involved in an accident that killed her 14-year-old sister on Henry Miller Rd. around 6:40 p.m.
Sanchez is seen broadcasting herself live on Instagram as she drives down the road and raps along with the music.
The video has reportedly been pulled from social media sites, but still managed to get lots of circulation around the internet.
At times it looks like both of her hands are off the wheel as she moves the phone around to show different angles,
In one instance, a girl can be seen in the backseat.
Eventually, the video comes to a sudden end in what appears to be Sanchez losing control of the car.
Los Banos investigators aren’t confirming the filming of the live video is linked to the fatal crash, but they are investigating the possibility.
They do confirm that Friday evening Sanchez was with her 14-year-old sister, Jacqueline Sanchez, and another 14-year-old when she started to leave the roadway, over-corrected, and crashed.
Neither of the 14-year-olds were wearing a seat belt.
Both were thrown from the car and Jacqueline Sanchez died at the scene.
The other 14-year-old passenger suffered what authorities call “severe trauma” to one of her legs in the crash.
Obdulia Sanchez is charged with DUI and gross vehicular manslaughter while intoxicated.
She has not, however, been charged with using her phone while driving.
Still, the video remains as a stark reminder of the dangers of not just driving intoxicated, but distracted driving.
Have you heard the one about the driver who was arrested for DUI because he had a caffeine high? Or about the state legislator who successfully argued that cough syrup and a breath spray caused a false positive DUI breathalyzer reading?
While law enforcement officers and courts generally accept breathalyzer tests as proof that someone was driving under the influence, those tests can sometimes give false positive readings. As absurd as these stories sound, to the people wrongfully arrested for DUIs, these incidents are no laughing matter.
Betrayed by their bodies
A rare medical condition led a judge to dismiss a DUI charge against an upstate New York woman in 2015. Police pulled the woman over because she was driving on a flat tire and arrested her when a breathalyzer test revealed that she had almost four times the legal limit of 0.08 percent alcohol in her bloodstream. That’s considered life threatening, so police rushed her to the hospital.
What puzzled police, the hospital and her attorney, Joseph Marusak, was that the driver showed no symptoms of being under the influence. Plus, Marusak’s client claimed she had only four drinks over the course of six hours—not enough to leave her intoxicated.
Marusak ended up doing some investigating and eventually uncovered his client’s problem; she had auto-brewery syndrome, in which the body actually manufactures its own alcohol. Those with the disease have abnormal amounts of gastrointestinal yeast, which takes the common carbohydrates they eat and turns them into ethanol. The medical community has been aware of this condition since the early part of the 20th century.
The judge dismissed the charges against Marusak’s client, who is now on a yeast-free diet (no sugar, no alcohol and very few carbs, according to CNN).
Last December, ABC News 13 in Houston reported the story of a woman who was arrested for DUI and spent three days in jail. But Christie Lietzau claimed that the problem wasn’t that she was intoxicated, but that she was having an episode of multiple sclerosis (MS).
Christie Lietzau said she was driving her daughter to a fast food restaurant when she had an MS episode. The daughter, alarmed by her mom’s slurred speech and instability, called 911. When officers responded, they told the daughter her mother was impaired, not ill, and arrested her for DUI. Lietzau said the police didn’t give her a BAC field test, but a spokesperson for the Rosenberg Police Department said they followed all procedures.
The officers said that they drew blood and that the DUI charges stem from Lietzau being under the influence of prescription medicine. Lietzau admits to taking medication to control her MS, but says it doesn’t affect her driving ability. (There’s no word yet on how this case has been resolved.)
Prescription medicines can cause people to drive erratically, but one police officer in Statham, Georgia, has taken that a bit far, according to many locals. They allege that Officer Marc Lofton routinely arrests people who take prescription drugs—even those legally prescribed by physicians for diabetes, blood pressure and other medical conditions.
Stratham has a population of just over 2,500 people. Last fall, a group of 400 of those citizens—almost one-sixth of the town’s population—signed a petition calling for Lofton’s firing because of his allegedly overzealous actions. In November 2016, the Online Athens news site reported that a group of people “too large to fit inside the Statham City Hall without breaking fire code” attended a meeting of the City Council to demand that Officer Lofton be fired.
The angry citizens claim that Lofton is making these DUI arrests in order to boost the department’s (and the town’s) budget.
Statham Police Chief Allan Johnston has backed Lofton, although he admits that the officer needs more training in DUI. The Georgia Prosecuting Attorney’s Council, which investigated citizens’ complaints, said that the officer should take an Advanced Roadside Impaired Driving Enforcement Class (ARIDE). When questioned by reporters for CBS46, Johnston said that Lofton had taken the class when he worked for another agency but failed it. (The CBS46 reporters didn’t find a record of that training, but found that Lofton had taken—and failed—a Lidar (radar) speed measurement class.)
Officer Lofton’s accusers were further outraged by the fact that his wife was arrested for DUI in 2015 after blowing a .204 on a breathalyzer. But when her case came to court, the prosecutor dismissed the charges. He claimed that the Winder, Georgia officer who arrested her had credibility issues and that his office was dismissing many other of the officer’s DUI arrests.
One problem that DUI enforcement officers face is the lack of a credible test for marijuana intoxication. Many states, including Georgia, have reacted by training more officers to become Drug Recognition Experts, who learn how to detect possible drug intoxication by evaluating drivers’ behavior and reactions. The problem is some officers don’t get it right… and then they’re reluctant to admit that they may have been wrong in their assessments.
An investigative report by Atlanta 11 Alive news team found that one officer in Cobb County, T.T. Carroll, received a silver medal for making 90 DUI arrests in 2016, even though in at least three cases he apparently misread the signals.
Carroll charged Bartender Katelyn Ebner with DUI despite the fact that she passed a BAC field test and denied ever smoking marijuana. Carroll insisted that he could tell she was pot-impaired. Carroll spent the night in jail, lost her alcohol server’s permit and ended up spending thousands to clear her name. The drug tests, which police had said would prove her impairment, came back negative.
In a similar case, a college student named Princess Mbamara went to jail on Carroll’s accusation of marijuana intoxication. Her test results came back positive only for a local anesthetic that is found in anti-burn, anti-itch and similar over-the-counter medicines. Another unnamed Auburn University student had a similar experience; the prosecutor eventually dismissed the charges against the defendant, noting that the student had done fine on the field sobriety evaluation and that the blood and urine tests were negative.
Politics also sometimes plays a role when determining who gets charged and convicted of a DUI. In June 2016, a judge acquitted Florida Senator Terry Burton, the President Pro Tem of the Florida State Senate, of the charges of DUI against him. The Scott County judge decided that Senator Terry Burton’s BAC reading of 0.10 at the time of his arrest was a false positive. He accepted Burton’s explanation that the reading was the result of his taking cough syrup and using breath spray.
Burton had hit a traffic sign around 10 p.m. on the evening of May 14, 2016. He said that he had a coughing spell after the airbags deployed and drank some Nyquil because he had nothing else in the car. He then used the breath spray because his mouth was dry.
Burton admitted to drinking alcohol earlier in the day but insisted that he had stopped drinking in the afternoon and was not under the influence when arrested. The judge ruled that the BAC reading was a false positive and dismissed the charges against Burton.
A bear walks into a bar and asks the bartender for a beer. The bartender says, “Sorry, we don’t give beer to bears in bars.”The bear replies, “If you don’t give me a beer, I’ll eat that lady over there.”The bartender says, “Go ahead.”So the bear eats the lady and asks for a beer. The bartender says, “Sorry, we don’t give beer to bears on drugs.””What do mean,” asks the bear. “I’m not on drugs.””Yes, you are, that was the bar bitch you ate.”
A Trout Run woman driving this car admitted that she “used two bags of heroin” minutes before she crashed into a guardrail in the 7500 block of Route 15 in Lycoming Township about noon Thursday, according to Old Lycoming Township Police Chief Joseph Hope. The woman’s juvenile son, riding in the vehicle, escaped injury, Hope said. The woman was taken to a local hospital and later released. Her name will be released when charges are filed, Hope said. About 10 minutes before this crash, another woman suffered a suspected heroin overdose as she crashed her Honda Element into a parked van on Boyd Street, city police said. She too was taken to the hospital and released. Charges are pending against her as well, police said.