DUI Humour

110. Knock Knock

Who’s there? 
Jim who? 
Jim mind if I come in?

DUI News

Texas drunk driving suspect jumps out sunroof in a high-speed chase, Wyoming cops say

Texas drunk driving suspect jumps out sunroof in a high-speed chase, Wyoming cops say

A Texas man caught driving nearly 100 mph died during a high-speed chase on an interstate in Wyoming, police say.

Wyoming Highway Patrol troopers learned of a possible drunk driver Friday night near Sheridan and began a search for the suspect, according to a news release.

Troopers found the vehicle driving 97 mph along Interstate 90, where the speed limit is 75 mph, police said. A trooper flipped on his emergency lights and sirens in an attempt to stop the driver, police said.

But the driver didn’t stop, instead speeding east on the interstate for about 5 miles, according to the release.

Then the trooper spotted hands reaching out of the vehicle’s sunroof. That’s when the driver pulled himself out of the sunroof and jumped from the car while it was traveling at 80 mph, police said.

The car slammed into a cable divider in the median.

The trooper called an ambulance and began perform CPR, but the man was pronounced dead at the scene.

The man was identified as 43-year-old Marshall Acker of Tyler, Texas.

DUI Humour

In the Mud
DUI News

Lost in jail? Lawsuit alleges DUI suspect held 27 days without charges

Lost in Sacramento jail? Lawsuit alleges DUI suspect held 27 days without charges

Typically, if you get arrested on a driving under the influence charge you can expect a night in jail before you are cut loose and told to come to court later for your initial appearance.

Taylor Brophy’s story is different. He says he spent nearly a month in Sacramento County’s jails before being released without any charges being filed, and that he never got a chance to go to court.

In a lawsuit filed in federal court alleging false imprisonment and civil rights violations, Brophy claims he was “deprived of liberty without due process of law,” essentially lost in the system inside the Sacramento County Main Jail and Rio Cosumnes Correctional Center for 27 days last spring.

Brophy could not be reached for comment Monday, and his attorney did not respond to a message from The Sacramento Bee.

But his lawsuit describes an ordeal that began March 21, 2019, when Brophy was arrested on a DUI charge by a California State Parks officer.

Brophy initially was booked into the Main Jail downtown on DUI charges.

“Curiously, after testing, plaintiff was advised at the Sacramento Main Jail that his blood alcohol level did not exceed the respective legal limits for operating a motor vehicle,” the lawsuit says.

Brophy, 28, was held in the jail for five days, then transferred to RCCC, “where he remained incarcerated for an additional 22 days,” according to his lawsuit.

“At no time during plaintiff’s incarceration was plaintiff ever brought before a judge or provided any type of procedural due process, including, but not limited to, arraignment, bail hearing, or probation revocation hearing,” the suit says. “Moreover, during his incarceration, plaintiff was advised by another inmate that plaintiff’s case had been called by a judge while that inmate was present in Sacramento Superior Court on another matter.”

Finally, on April 16, staff at RCCC told Brophy he was free to go, although the suit says he was “never provided any reason or explanation for his extended incarceration” and was never charged by the District Attorney’s office in connection with the arrest.

Sacramento Sheriff Scott Jones’ office, which runs both jails, typically does not comment on pending litigation and declined to discuss Brophy’s claims. But sheriff’s spokeswoman Sgt. Tess Deterding wrote in an email that “it does appear additional charges were at play related to Mr. Brophy’s custody time, not just DUI.”

At the time of his arrest, Brophy was on informal probation in an unrelated misdemeanor hit and run case from 2018, court records show, although there is no indication in the lawsuit that the prior case resulted in his unwelcome stay in custody.

Instead, the lawsuit says “there was an unnecessary delay” in Brophy’s release that resulted in “financial loss, extreme emotional distress, mental anguish, outrage, frustration, sever anxiety, damage to his reputation, embarrassment and the disruption of his personal life.”

His suit is seeking general and special damages and attorney’s fees.

DUI Humour

109. Knock Knock

Who’s there?
Jester who?
Jester silly old man!

DUI News

Veteran surprises fellow veteran with help reinstating driver’s license

‘Never had anybody help me out like this before’


CINCINNATI — When U.S. Marine Corps veteran Mickey Harlow shared his story this week with WCPO, he didn’t expect a viewer to share something back.

“There were several of us that kind of felt moved by his story that, hey, here’s another guy who’s been helped through both Easterseals, Joseph House, and he’s trying to get his life back together,” Chris Yeazel told WCPO. 

Moments later, he surprised Harlow with a cash gift to help reinstate his driver’s license.

“I was in shock, man. I’ve never had anybody help me out like this before. It lifts a big weight,” Harlow said after receiving Yeazel’s gift. “I, uh, you know, with everything that’s happened the last couple months, I did buy a car that had a lot of problems. I thought it’d set me back another couple months.

“I’m just — I’m amazed.”

Chris Yeazel, Air Force veteran, hands U.S. Marine Corps veteran Mickey Harlow a cash gift to assist with reinstating his driver’s license, after it was revoked due to an OVI conviction in 2019. Chris Macklin, with Easterseals (right), facilitated the gift after Yeazel saw Harlow’s story on WCPO 9 News.

As WCPO reported Thursday, Harlow hit hard times late last year when he was convicted on an OVI charge. For the last two months, he’s been saving “every dime (he) could” to afford a Cincinnati Metro/Transit Authority of Northern Kentucky bus pass to get to work, medical appointments and the grocery store.

Before he had the pass, with no way to transport himself, he was stuck working minimum wage jobs in the city’s urban core.

“I had to work Downtown, ended up working, you know, horrible jobs down here. I was working 10-hour days making $41 a day,” Harlow said. “If it weren’t for Metro, I’d be stuck working minimum wage down here somewhere. It helps a lot.”

Now, he works third shift at Amazon’s warehouse facility across the Ohio River in Hebron, Kentucky.

Yeazel is a member of Crossroads Church, where he organizes a group of veterans who come together for support and fellowship. Last summer, the group hosted its first Man Veteran Camp, a retreat for men who served in the military to gather and reflect on their service and their faith.

“We have shared experiences. We want to be able to help each other, hold each other up,” he said. “And for us, we’re Christian, so we obviously want to bring God into that mix and just show his love through our actions.”

Yeazel said his group is inspired by stories like Harlow’s that show veterans who are working hard to overcome the challenges inherent in returning to civilian life.

“He’s doing the hard work, putting the work in, but maybe he just needs a little more help,” he said.

Chris Macklin, who works with Easterseals Serving Greater Cincinnati, agrees.

“He’s connected all the dots and crossed his T’s and dotted his I’s, and he’s basically just been an example of what happens when you follow a program,” Macklin said. “He’s trying to fight his way out of a hole financially and get his driver’s license back and reintegrate with his kids, and this is just the result of his hard work.”

Macklin said transportation remains one of the top challenges for veterans when they return home.

“Transportation, especially for job employment, is a big deal because the inner city jobs pay at minimum wage,” he said. “We have to go outside of the (Interstate) 275 loop for them to get jobs that will help them sustain their families.”

Mickey Harlow speaks with WCPO after receiving a cash gift to help pay fees associated with reinstating his driver’s license after an OVI conviction in 2019.

Harlow said he’s grateful for how Metro and TANK bus service helped him secure a well-paying job — and wants to keep using the bus in the future — but he also said being able to drive could save him hours of commute time every day. Today, Harlow has to be on the bus by 4 p.m. to get to Hebron by the time his shift starts at 6. When he gets off work at 6 a.m. the next morning, he doesn’t get home until close to 8 a.m.

“It leaves no time for sleep or to do the things I got to do during the day,” he said. “There’s no time left during the day to do what I have to do because commute is such a problem. It takes up four hours of my day.”

Now, he’s looking forward to getting some of that time back.

“I can get my license now, my insurance and get my car up and running to where I can, to move forward,” he said.

DUI Humour

Gated Community
DUI News

Judges flag loophole and balk at early release for the most serious OWI offenders

MILWAUKEE (WKOW) – Judges are beginning to flag a loophole in state law that’s allowing the most serious operating while intoxicated offenders to leave prison early, despite serving what’s supposed to be a mandatory prison sentence.

Milwaukee County Judge David Borowski says being cavalier with such a sentence could have consequences. “Someone who’s been caught and arrested and convicted seven, eight, nine times is in many cases an accident…or a homicide waiting to happen,” he says.

Here is the dilemma for Borowski and some other judges: one state law requires a mandatory, minimum three-year prison sentence for anyone convicted of a seventh OWI or greater; an older law requires prison release for such a repeat OWI offender once they complete a specific, Wisconsin Department of Corrections rehabilitation program.

“The statutes directly conflict,” Borowski says.

Jeffrey Varnes, 59, of Adams was sentenced to four years prison for his 11th OWI before the two laws converged. He was released from prison a year early after completing rehabilitation with DOC’s Earned Release Program (ERP). Earlier this year, he was arrested in Dane County on suspicion of his 12th offense after crashing into a tree. “I don’t remember getting behind the wheel,” Varnes told said as he was released from jail when his $10,000 bail was posted.

Varnes says he’s been through many treatment programs for alcoholism in addition to the state’s ERP. “And that’s the best treatment I’ve ever had as far as dealing with the core of what I have to fix,” he says.

Borowski would like more information on the rehabilitation program he’s been required to rely upon when allowing a prison sentence to be converted to extended supervision in the community. “We get information from the Department of Corrections, it’s usually just a one or two-page letter,” Borowski says. “There have been many judges across the state that have been concerned about this program.”

A spokesperson for the Department of Corrections has yet to respond to a request for comment on the program’s features and efficacy.

Borowski and some other judges have begun to reject completion of the state prison treatment program as grounds for a repeat OWI offender’s early prison release.

Milwaukee County Judge T. Christopher Dee forced three repeat OWI offenders to remain in prison Feb. 7 when he issued a ruling hinged on a court’s responsibility to the more recently-enacted law. “Its duties do…include the duty to ensure that the minimum mandatory…confinement time is served,” Dee said.

“I believe the legislature intended…if three years is the mandatory minimum in custody, period, they meant that person must serve a mandatory minimum of three years,” Borowski says.

Sen. Alberta Darling (R-River Hills) was one of the state senators who introduced the bill that became the mandatory prison term law. Rep. Jim Ott (R-Mequon) was a bill co-sponsor. Neither Darling nor Ott provided comment on the bill’s intent.

Borowski’s rejection of one, proposed repeat OWI offender’s prison release is being appealed.

The Milwaukee Journal Sentinel reports an attorney for the three offenders kept locked up by Dee argues a judge can honor the mandatory prison term law at the time of sentencing, and grant a later, early release under the terms of the older law, without legal issue. The attorney declined to comment.

Repeat OWI offender Varnes harbors no illusions about any treatment being foolproof. But he says almost all drunken drivers in prison are released at some point and the older law’s incentive for an offender to complete rehabilitation is more constructive. “Throw away the key I don’t think makes any sense,” he says.

Borowski stands by keeping the most serious, repeat OWI offenders locked up, but realizes a higher court may decide on state law’s loophole.

“I think eventually that’s going to have to be decided by the Court of Appeals or maybe the Supreme Court.”

DUI Humour

108. Knock Knock

Who’s there? 
Java who? 
Java dog in your house, I hear one barking!

DUI News

73-old- year woman in bathrobe pulled over for suspected of DWI

WICHITA FALLS (KFDX/KJTL) — A 73-year-old Wichita Falls woman is charged with DWI and evading arrest after police said she drove her car around a police car, over a curb and then down the sidewalk.

Police went to Jacobs and Maplewood at Century City after a witness said a white KIA was parked on the sidewalk and the driver was, “completely out of it.”

An officer said when he pulled up, the KIA was driving through a parking lot, then drove around the back of his car and onto a sidewalk where it headed east.

The officer turned on his overhead lights and tried to block the car but it then drove off the sidewalk and back into the parking lot.

He then blew his air horn to get the driver to stop but said she then turned east onto Midwestern and the officer turned on his siren.

He said the car kept going and tried to turn onto Louis J. Rodriguez Drive but was blocked by oncoming traffic.

The officer went up to the driver’s window and said Jeanne Williams, 73, was wearing only a blue robe.

He said he knocked on the window repeatedly trying to get her attention and when she finally rolled down the window he immediately smelled alcohol. He said she told him she had had a couple of drinks.

He said Williams’ eyes were glazed and her speech slurred and she was unsteady when she got out.

Officers said they found a glass of clear liquid inside and she then admitted to drinking several vodka and tonics. 

Police attempted to get her to perform field sobriety tests but she said she was too cold, so she was taken to jail.