Category Archives: DWI

Crime Spikes During Home NFL Games

There will be no more home football games for the Vikings or Gophers at TCF Bank Stadium this year, and that could lead to lower crime rates, according to a new study.

Researchers tracked the crime rates in eight cities home to an NFL franchise to determine how home games affect crime rates. Analysts tracked crime rates for Baltimore, Detroit, Miami, New Orleans, Newark, Philadelphia, St. Louis, and Washington for a two-year period. After comparing the data, researchers found:

  • On days that cities hosted a home game there was a 3 percent increase in total crime.
  • Larceny rates jumped 4 percent on game days, while car thefts rose 7 percent.
  • Noon games are most closely connected to higher crime rates than afternoon or evening kickoffs, as there was a 4 percent increase in total crime and economic crime during midday starts.

“NFL home games are correlated with a higher incidence of crime compared to non-game days or days when the team is playing an away game in another city,” the researchers wrote.

Researchers say the results aren’t surprising, as it’s easier for criminals to strike in large crowds where opportunities are more plentiful. They noted that the increase in car thefts has a lot to do with a large gathering of cars in one area, most of which are left unattended for a few hours. This gives a thief plenty of time to find the ideal opening to strike.

“If stadium, restaurant, bar, and other parking lots are full of cars, it will be easier for thieves to find suitable cars to steal,” the researchers wrote.

Although there is a greater police presence around the stadium on game day than on any other day, oftentimes they are overwhelmed with other tasks, like crowd control or alcohol-related instances. This can provide the perfect cover for thieves.

“A large gathering of people on game day increases the number of potential targets and may also reduce the likelihood of criminal apprehension, as criminals can blend more easily into larger crowds,” the authors wrote.

Researchers concluded that the uptick in crime is costly. They estimated that a 3 percent increase in crime amounts to $85,000 per game day, or about $700,000 per city, per year.

Avery Appelman Comments

This isn’t the first time we’ve seen an uptick in certain crimes during NFL games. Not long ago we published another study that claimed domestic violence and assaults increased during football games, especially if the team that lost was expected to win.

I’m not surprised crime rates spike during home football games because we seem to get a few more calls on Sunday night and Monday morning the day after a Vikings game than we do on an average Monday.

The study didn’t look into DUI arrests, but I’d be interested in seeing how DUI rates on football Sundays compare to Sundays without football. I think there would certainly be a spike in the hours after a home game or a particularly important win.

Related source: Herald Net

Wisconsin Man Blames DUI on Beer Battered Fish

A Wisconsin man is blaming his latest DUI on a heaping helping of beer battered fish.

John Przybyla, 75, of Friendship earned his 10th DUI on October 12 when officers spotted his truck cross the center line on State Highway 13.

Officers noted that Przybyla smelled of alcohol, so they asked him to step out of the vehicle and preform a field sobriety test. Pryzbyla promptly failed the field sobriety test, but he denied drinking any alcohol that night. Instead, he said his elevated blood alcohol content must have been a result of his recent meal of beer battered fish.

Pryzbyla submitted to a breathalyzer which found that he was operating the vehicle with a BAC of .062. That’s under the standard legal limit, but as you may have guessed, someone who has nine previous DUIs is no longer expected to adhere to regular standards. A condition from a previous conviction said he was not to operate a vehicle with a BAC above .04.

In addition to the charge of driving under the influence, Pryzbyla was hit with a third-offense charge of operating while revoked, and he was cited for having open intoxicants in the vehicle and operating left of the center line.

Fish Fry DUI

For the sake of arguing let’s test Pryzbyla’s theory using some ballpark estimates. For example, let’s say a standard beer batter requires half a can of beer for a batter that covers eight pieces of cod. Let’s also say we’re using a Surly Furious with a 6% ABV.

Now, most of the alcohol would be burned off if the fish were cooked in the oven, but let’s say they are flash fried in oil, and for the sake of arguing, only half of the alcohol burns off, leaving the batter at 3% potency.

The BAC calculator shows that a 200-pound male would need to drink six, three-percent beers in rapid succession to have a .062 blood alcohol content. So lets do the math.

Half a beer = one eight piece cod fry.

One whole beer = Enough batter for 16 pieces.

Six beers worth of fish = 6×16 = 96 pieces of cod in rapid succession, assuming not a drop of the batter goes unconsumed.

Something tells us Pryzbyla came in a few pieces short of 96.

Related source: Channel 3000

Colder Temperatures Mean More Indoors Crime

As the temperatures continue to plummet here in the Twin Cities, University of Minnesota police say criminals aren’t venturing outside to commit crimes as frequently. Instead, they are opting for indoors crimes.

“With the cool-down over the last couple of weeks, activity seems to be decreasing,” said University police Deputy Chief Chuck Miner. “Even criminals don’t like the cold.”

Miner added that crimes like vandalism and assaults give way to thefts, trespassers and burglaries. He noted that the holidays and extended breaks are especially opportune times for thieves who know many homeowners and residents are gone for long periods. Miner said campus police have begun making more indoors patrols now that temperatures have dropped.

Another crime that seems to spike in the winter is underage drinking. Miner said campus police patrol residence halls in plain clothes throughout the winter in an effort to cut down on dangerous underage drinking practices.

“They do some surveillance and foot patrols in plain clothes,” Miner said. “Sometimes they are able to discover things that a uniformed police officer might not be able to discover.”

Event Influx

University Police have also been busy on the weekends in recent months. Typically police have extra officers staffed for home Gopher games, but since the Vikings are playing at TCF Bank Stadium as well, Sundays are also a time when many fans descend to the campus area. Many football fans like to usher in the game with some beer, and that can lead to trouble if police aren’t prepared.

Because cold football fans and homeless individuals may be looking for a spot to warm up, Brian Swanson, assistant vice president of University Services, said campus buildings will be locked after hours on the weekend, and residents are encouraged to carry their U cards in order to gain access to certain areas after normal hours.

“If you’re here after regular business hours and you’re trying to get in a building and go through the building as a way to stay warm,” Swanson said, “your U Card will get you into more buildings than in the old days when you needed to have a key.”

Avery Appelman, a criminal defense attorney in Minneapolis, said he also sees an uptick in drunk driving arrests in the cold winter months. He said the run of holidays – from Thanksgiving to Christmas and New Year’s – mean more people are celebrating the holidays with sprits, and they might not want to walk home if the temps are particularly cold.

“While residency halls may be dealing with a spike in students staying indoors to drink, those who would typically walk or bike to their neighborhood watering hole are now driving to avoid subzero temperatures,” said Appelman. “This can lead to problems if they are over-served and still decide to drive.”

“Make good decisions this winter,” Appelman concluded.

Minnesota Counties With The Most DUIs

As you may have seen on your Thanksgiving travels, police officers are out in full force to catch drunk drivers. This five-day stretch is the most dangerous time on Minnesota roads, so make good decisions when it comes to getting around this holiday.

That point can’t be stressed enough if you’re living or traveling through one of these 25 Minnesota counties with the most drunk drivers. Check out the most dangerous Minnesota counties for DUIs in this infographic from the Minnesota Department of Public Safety.

Minnesota DUIS

The Most Dangerous Minnesota Counties

As you can see, counties in the Twin Cities metro area make up most of the most dangerous counties. The list below shows the 10 counties with the most drunk driving deaths and injuries between 2011 and 2013

1. Hennepin County – 169

2. Anoka County – 58

3. Ramsey County – 52

4. St. Louis County – 51

5. Dakota County – 40

6. Stearns County – 36

7. Otter Tail County – 32

8. Olmsted County – 30

9. Itasca County – 25

10. Scott County – 25

For more information on the list, including the economic impact of drunk driving on each county, click here.

Not surprisingly all 25 counties in the infographic will add extra DUI patrols through the holiday weekend and into December. Please, don’t drink and drive. If you do end up in a sticky situation, we can help get you out of jail on the same night. Give us a call at (952) 224-2277.

Related source: Minnesota Department of Safety

Stay Safe on Blackout Wednesday, Thanksgiving Weekend

Statistics show that the following stretch of days, from blackout Wednesday through the Sunday night, are the most dangerous days on Minnesota roads.

According to statistics from the Minnesota Department of Public Safety Office of Traffic Safety, drivers are more likely to end up in a ditch or in a fender bender in this five-day stretch than any other period of the year.

As we mentioned in a previous post, distracted driving and drunk driving are two big reasons for the spike in crashes. Distracted driving caused 564 crashes between 1,436 cars during the five-day stretch last year. Thankfully, since people are generally traveling at slower speeds during the winter, there are less fatalities per accident than in the summer.

“There may be more ‘fender benders’ in colder, winter weather, but there are also less traffic fatalities,” said David Boxum, spokesman for the Department of Public Safety.

If you’re traveling tonight, take it nice and slow. It’s expected to snow until 3pm in the Twin Cities metro area, meaning the roads are going to be rough no matter if you try to drive through the snow to beat traffic, or you wait out the snow and hit rush hour.

Blackout Wednesday

If you’re on Twitter tonight, don’t be surprised if you see #BlackoutWednesday or #BadDecisionWednesday trending in your area. Thanksgiving Eve is commonly a day when friends and family are back in their hometown for holiday festivities, and many reconnect with one another over a few beverages.

Minnesota State Patrol Lt. Erik Roeske said he wants people to have a good time, but it’s important they make good decisions to get back from the bar safely.

“While we want people to enjoy that time with their friends and loved ones, we want them to make smart decisions for a safe and sober ride home,” said Roeske.

It should come as no surprise that the Minnesota police are adding extra DUI patrols tonight and through the weekend. Last year drunk drivers caused 32 accidents over the Thanksgiving weekend, and over 1,600 Minnesotans were arrested for driving under the influence during the holiday over the last three years. That means one person is arrested for drunk driving every 13 minutes over the 5-day Thanksgiving stretch. Be safe, and have a great holiday!

Related source: Star-Tribune

Minnesota Courts Helping Prevent Repeat DUI Offenses

A study by a national research firm uncovered that in Minnesota DWI courts, deterrent programs and treatment regimens are helping prevent repeat DUI offenses, saving the taxpayers about $700,000 a year.

The study examined the DWI court system in nine counties who attempted to lessen the number of repeat DUI offenders by combining drug and alcohol treatment with other punishments like jail, fines and loss of driving privileges. Researchers found that in eight of nine counties, offenders who completed their court-mandated treatment programs were much less likely to reoffend than those who didn’t complete the program. The study also revealed that most counties with DWI courts spent less money on law enforcement and jail costs.

“If people are getting arrested — even a little less often — and if they’re getting re-arrested for less-serious crimes, then they’re spending a lot less time in jail,” said Shannon Carey, executive vice president and research associate at Portland, Oregon-based NPC Research.

The research also uncovered some shortcomings in the Hennepin County DWI courts. According to the findings, the county lost nearly $800,000 on DUI court participants since its inception in 2005. Offenders in Hennepin County DUI courts are more likely to be sent to jail than in other counties, which tacks on to total costs.

The other eight counties that participated in the DUI court study were Beltrami, Cass, Crow Wing, Lake of the Woods, Otter Tail, Ramsey, Roseau-Kittson and St Louis county.

Three Traits

The study also examined the most common demographic factors for DUI offenders in Minnesota. The three most salient traits for DUI offenders were:

  • Caucasian
  • Male
  • Employed

Avery Appelman comments

This is a great study because it showcases what we as defense attorneys already know. Jail and fines are less effective than rehab and treatment. Jail time and monetary penalties are punishments, and while nobody is arguing that offenders should go unpunished, it needs to be paired with treatment, otherwise the cycle will continue.

Oftentimes we tell our clients to check into a treatment program prior to going to court. Sure, it looks good to the judge that the accused has voluntarily sought treatment, but we know that treatment is the first step in correcting the behavior and preventing recidivism.

I hope plenty of judges and juries heed these findings.

Related source: Pioneer Press, NHTSA

Deer Season: DUIs and Distracted Driving

Deer season is currently underway in Minnesota, and with gun season opening up in Wisconsin this weekend, odds are you’ll see plenty of blaze orange out and about in the coming weeks. As hunters head to deer camp in hopes of finding that thirty point buck, there’s two things you should be mindful of this time of year: DUIs and Distracted Driving.

Deer Camp DUI

The last weeks of November are prime times for DUIs. Many hunters like to drink after a day of hunting, but getting behind the wheel after you’ve had a few too many is a real problem. If you’re going to celebrate your buck with a few beers, make sure you give your keys to a friend.

The end of November is also a time when we see extra DUI patrols because of the upcoming Thanksgiving holiday. Some reports suggest that the night before Thanksgiving is actually the day with the most drunk drivers. Oftentimes college students or recent graduates are back in their hometown to attend a family Thanksgiving the following day, and they want to catch up with pals at the local watering hole the night before the holiday.

Minnesota police conducted extra DUI patrols from the Wednesday before Thanksgiving through the holiday weekend in 2013, and you can expect similar patrols this year. If you plan on drinking, make sure you have a sober ride home, because cops will be on the lookout.

Distracted Driving

Distracted driving is another issue this time of year. Even though Minnesota received snow a little earlier than expected, drivers are still getting used to the slick conditions. You may have been able to take your eyes off the road for a few seconds to change the radio station in the summer, but that could lead to an accident if you’re not careful in the winter. Always stay alert while behind the wheel, especially in less than ideal conditions.

Deer are another reason to keep your eyes on the road. Deer are more active during gun season as they can be spooked easily by an approaching hunter or a gunshot. On average, roughly 2,300 Minnesotans will hit a deer with their car this season. 68 individuals have been injured when their car struck a deer and 18 have died as a result of a crash since 2011, so not only should you be monitoring the road, but also keep an eye on roadside ditches. In the event a deer crosses your path, try to slow down quickly and safely. Avoid swerving, as that can cause the car to roll.

In the event you end up with a drunk driving ticket or a distracted driving violation, give us a call. We’ve helped numerous hunters in the past, and we can help you too.

Cake Boss Star Arrested For DUI

He works with frosting, but it was the sauce that got him in trouble early Thursday morning.

Bartolo “Buddy” Valastro, star of the TLC reality TV show Cake Boss was arrested early this morning on charges of driving under the influence. According to the police report, officers spotted a yellow corvette swerving erratically through traffic between 20th and 32nd street in Lower Manhattan around 1 a.m.

Officers stopped Valastro and observed that he had blood shot, watery eyes and he smelled of alcohol. Valastro was then asked to step out of the vehicle to preform a field sobriety test. The police report notes that Valastro appeared unsteady on his feet prior to failing the roadside test. He also failed a subsequent Breathalyzer test.

Valastro was officially charged with driving under the influence (DUI) and driving while ability impaired (DWAI). According to New York law, a DUI is considered a misdemeanor offense that carries the potential of moderate jail time while DWAI is only considered a traffic violation. A closer look at the law reveals that  in New York:

A First Conviction DWAI is punishable by:

  • A fine between $300-$500.
  • Up to 15 days in jail.
  • A mandatory 90-day driver’s license suspension.

A First Conviction DUI is punishable by:

  • A fine between $500-$1,000.
  • Up to 1 year in jail.
  • A mandatory driver’s license suspension of at least six months.

One of the biggest factors in DUI cases is a person’s blood alcohol content. A person can be charged with DWAI even if their blood alcohol content is below the 0.08 legal limit (between 0.05 and 0.08). In addition, a person can be charged with both DWAI and DUI stemming from a single instance.

Buddy’s blood-alcohol content wasn’t released, but it seems likely that it was above 0.08. It stand to reason that if he was below 0.08, he would have only faced a DWAI charge, but we’ll know more once police release more details about the case.

Related source: E Online, Ithaca DUI

 

Wisconsin Judges Lenient on Chronic Drunk Drivers

A review of drunk driving cases by a Wisconsin media company found that many chronic offenders throughout the state receive lenient sentences.

Moreover, in at least a dozen cases, judges imposed sentences below the mandatory minimum. Sometimes this was done by negotiating around vaguely worded statutes, while other times judges blatantly disregarded mandatory minimum sentencing guidelines.

Ben Kempinen, a Law School professor at the University of Wisconsin, said it’s strange that judges who are tasked with upholding a law are blatantly overlooking current statutes.

“If (legislators) say you have to give the guy at least a year and (judges) are not doing it, then they’re not complying with the limits on their power,” Kempinen said.

More From The Review

The analysis of over 900 DUI cases across the state uncovered:

  • Some judges failed to institute probation upon an offender’s release from jail, while others let offenders serve some sentences simultaneously.
  • A Green Bay man convicted of seven drunk driving offenses should have been sentenced to three years in jail based on mandatory minimum laws, but he received a two-year sentence and ultimately only served nine months in jail.
  • The same judge handed down a similar sentence in another case. When the mandatory minimum called for three years, he sentenced the offender to two.

Avery Appelman comments

On the surface level the report might seem concerning that judges aren’t following the law to the letter, but there’s more to it than that. For example, the judge in the case above said he only went below the mandatory guidelines based on recommendations of prosecutors. He also said it’s his job to interpret the law and apply it on a case-by-case basis.

“I think the Legislature has a right to express their opinion that these are mandatory, in their opinion this is the sentence that should be imposed, but I don’t think I’m a computer. I don’t think I’m a robot. I try to listen to what everybody has to tell me,” said Judge Donald Zuidmulder. “I do respect that and probably follow it 99 percent of the time or 98 percent of the time.”

I think Judge Zuidmulder’s take is a good one. No two cases are the same, so a one-size-fits-all law isn’t going to be perfect 100 percent of the time. I’d much rather have a judge like Zuidmulder than one who doesn’t consider all the factors in the case and rules, as the judge referenced, as a robot.

Related source: Gannett News Media, Pioneer Press

Zombie Earns Two DUIs in Three Hours

You may be fond of your Halloween costume, but odds are you don’t want it immortalized forever as a standout DUI mugshot.

That luxury likely won’t be afforded to 26-year-old Catherine Butler, whose mugshot has gone viral after receiving two DUIs in a span of three hours after a night of Halloween debauchery.

Butler and friends decided to celebrate the Halloween holiday last Saturday, but she made a poor decision at the end of the night by deciding to drive home. An officer noticed that Butler was driving without her headlights on, and he quickly pulled her over. When asked to submit to a Breathalyzer, Butler blew a 0.11, nearly 1.5 times the legal driving limit.

As you can see from the above mugshot, she was still rocking her zombie costume at the time of her DUI arrest. Unfortunately for Butler, her troubles didn’t end there. A friend stopped by the station and picked up her zombie buddy, but just three hours later Butler was back on the road. An officer noticed a car driving erratically around 5 a.m. and conducted a traffic stop. Sensing that Butler was still affected by the alcohol in her system, the officer asked her to again submit to a Breathalyzer test. This time she blew a 0.09, just barely over the 0.08 legal limit.

Butler was again arrested for driving under the influence, but as you can see in the photo on the right, in the short time between arrests she decided to ditch the zombie costume.

The two arrests marked the third and fourth instances where Butler was arrested for drunk diving. Gates Police Chief James Vanbrederode said the message clearly hasn’t gotten through to this young woman.

“Two prior driving while impaired convictions and 26 years old and she’s still out driving drunk. It’s just hard to understand why people continue to do that and the consequences of continuing to do that,” Vanbrederode said.

Butler is due to appear in court next month.

Related source: Huffington Post, WHEC.com, 13Wham.com