Category Archives: DWI

Josh Gordon

Josh Gordon Pleads Guilty to DWI

Troubled Cleveland Browns wide receiver Josh Gordon pleaded guilty to a DWI charge in Raleigh, North Carolina, on Tuesday. Gordon was originally arrested for driving while intoxicated over the July 4th holiday weekend.

Gordon will avoid jail as long as he follows through with the conditions put forth in his plea agreement, which include:

• 12 months of unsupervised probation

• $100 fine

• $290 in court costs

• Driver’s license suspension

Gordon also received a 60-day suspended sentence, meaning he’ll be forced to spend two months in jail if he violates his probation.

Further NFL Punishment?

The NFL has already suspended Gordon for the first 10 games of the season for a second failed drug test, and it’s possible that the league could impose an additional suspension. Gordon was originally suspended for the entire season, but he had his suspension reduced after the league and the NFL Players Association came to terms on a new drug policy that, without getting too into the details, lessens penalties for recreational or “party” drugs while taking a stronger stance on violent behavior and Human Growth Hormone testing.

The new policy would tack on an additional two games to Gordon’s suspension, but the deal has yet to be officially finalized, so it’s possible that his suspension will remain unchanged.

An NFL spokesperson declined to discuss further punishments for Gordon, saying, “We’ll decline to comment as we work through the revisions to the drug policy.”

Attorney Geoff Saltzstein, a lifelong Cleveland Browns fan, said he doesn’t believe Gordon will receive an additional suspension for his DWI.

“I think the league took into account all of Gordon’s off field issues when they reduced his suspension to 10 games,” Saltzstein said. “Some believed Gordon would have his suspension cut in half to eight games, so the reduction to 10 likely means the NFL took note of Gordon’s recent off field antics. I think his suspension will remain at 10 games.”

Related source: ESPN

Drugged Driving

Ex-Packer Lyerla Arrested For Drugged Driving

The Green Bay Packers usually avoid signing players with a history of run-ins with the law, but they made an exception when the signed former Oregon Ducks tight end Colt Lyerla as an undrafted free agent this offseason. Lyerla showed flashes of potential while at Oregon, but he left the program midway through the season after being arrested for attempting to flee police officers and possession of cocaine.

The Packers brought him into training camp, but a knee injury made him expendable and he was eventually released before the season began. Although he received a nice little six-figure injury settlement, it appears Lyerla couldn’t stay out of trouble off the field as he was arrested over the weekend for driving under the influence of intoxicants.

Although the full arrest report has yet to be released, The Oregonian reports that Lyerla was high on illegal drugs or medication at the time of his arrest. His first court appearance is scheduled for September 17.

Drugged Driving

Driving under the influence of drugs carries serious consequences. Had Lyerla been arrested in Minnesota, he would have faced misdemeanor charges of driving under the influence, which carries the following penalties:

  • Up to 90 days in jail.
  • Up to $1,000 fine.
  • Up to 180 days of license suspension.

Since Lyerla already has a “fleeing an officer” and drug possession arrest on his record, odds are the judge wouldn’t have felt the need to go easy on the young man. The fine would be of little impact to Lyerla, whose injury settlement paid him just south of $150,000, but jail time or a license suspension would act as a serious burden for a player who, at this point, would be lucky to get another look by an NFL team.

I expect that Lyerla will spend a few days in jail for this arrest, and I believe his NFL career is over. His talent on the field is not nearly good enough to outweigh the headcase that he is off the field. I hope he gets the help he needs to make the transition from BMOC to the real-world.

Related source: The Oregonian, ESPN

Minnesota DUI

Minnesota DUIs At Lowest Levels in 20 Years

The number of DUI arrests across the state of Minnesota fell to its lowest level since 20 years, and authorities say improved enforcement and shifting public perception of drinking and driving are the biggest reasons for the decline.

Minnesota police arrested 25,719 individuals for driving under the influence in 2013, and while that number still represents about 70 DUI arrests a day, that’s a huge improvement from just a few years ago when there were 41,951 such arrests in 2006. 19,036 Minnesotans received a criminal conviction, which also represents a 20-year low. Despite the downward trend, Minnesota State Patrol Lt. Eric Roeske said drunk driving is still a huge issue.

“It’s obviously a problem,” said Roeske. “Some don’t care about the consequences. Some struggle with chemical dependency and that contributes to the poor choice of getting behind the wheel when impaired.”

Crash data seems to confirm Roeske’s sentiments. 40 percent of Minnesotans involved in a fatal crash this year had previously been convicted of DUI, and 2,300 others were injured in alcohol-related crashes. See more statistics from the report below:

  • Minnesota experienced a two percent decline in drunken driving deaths in 2013.
  • Not surprisingly, drivers between the ages of 20-34 accounted for the majority of DUI arrests. That age group represented 55 percent of the total drunk driving arrests.
  • 4,034, or about one in six motorists arrested for DUI last year, had a BAC over 0.20.
  • 22 percent of residents in Mahnomen County have a DUI conviction, the highest rate in the state, while Stevens County boasts the lowest rate at 7.7 percent.

Why the Decline?

As we alluded to in the beginning of the post, improved enforcement and shifting public perception are two main reasons why DUI arrests have fallen over the past two decades, but Nancy Johnson, legislative liaison for Minnesotans for Safe Driving, said there are more factors at play.

“There’s been so much press and lots of enforcement just for impaired driving. I mean people really got the message. Less people are driving drunk,” said Johnson. “The cars are safer. [Emergency medical services] are faster. So some people who might have died in a crash 10 years ago might not now because they’ll be able to get to the hospital sooner.”

Legislators also credited the harsher penalties to repeat or serious offenders as a sign that some people are learning from their mistakes.

Here’s hoping 2014 is another record breaking year, but if something happens and you need to speak to an attorney, don’t hesitate to call Appelman Law Firm. We’re here to help.

Related source: Star Tribune

Jello Shot DUI

Jello Shot DUI Driver Gets Three Years in Prison

Back in June we wrote a blog post about Cathy Sanchez, a 28-year-old woman who was carrying three Jello shots in her pocket after police stopped her for driving under the influence. Yesterday, her case came to a close with a strict sentence.

Sanchez, now 29, was sentenced to three years in prison after pleading guilty to one count of felony driving under the influence. That may seem harsh, but as we noted in the original story, this wasn’t Sanchez’s first arrest for drunk driving. She told the arresting officers she had been booked for DUI on five previous occasions, but a records search revealed she had three DWI convictions on her record.

On the night in question, Gyndon police stopped Sanchez after they noticed her serving on the highway at around 2 a.m. Officers reported that Sanchez smelled of alcohol and eventually asked her to take a field sobriety test, which she promptly failed. While they were searching her prior to her arrest, authorities pulled three Jello shots out of her pockets.

As we noted in the original story, Sanchez faced a minimum of 180 days in jail and a maximum of 10 years in prison. When looking at what she could have served, Sanchez is probably lucky to only be serving three years. Several other charges relating to the traffic stop were dropped in exchange for her guilty plea.

Sanchez, who has been in jail sentence her arrest, will get credit for three months and five days already served.

Related source: Pioneer Press

Minnesota State Fair

Crime at the Minnesota State Fair

The state fair opens today, and although the weather isn’t the greatest you can bet thousands of Minnesotans will head off to the Great Minnesota Get-Together after work. A state fair isn’t typically a place for criminal activity, but incidents certainly do occur.

Two years ago, two men were stabbed during a fight that broke out at the Minnesota State Fair, and there have been plenty of incidents at the Wisconsin State Fair over the past few years. Below, we share some ways to have fun and stay safe at the state fair.

Alcohol Intake – There are hundreds of different beers to choose from at the state fair this year, including Mini-Donut Beer, but you’ll want to avoid overindulging. Even if you have a safe ride home, being drunk and surrounded by thousands of people can be a recipe for disaster. Alcohol can turn a misunderstanding into a fistfight, so drink responsibly.

Safe Ride Home – If you sample enough brews to elevate your BAC above the legal limit, you’ll want to make sure you give your keys to a friend. Plan ahead so you know you have a sober driver before you get to the fair. Between cabs and free shuttles, there’s no reason why anyone should get a DUI after the state fair.

Eat Some Cookies – Simply put, it should be a crime to visit the state fair and not have at least one cookie from Sweet Martha’s Cookies. Grab a bucket and head over to the All You Can Drink Milk Stand to experience true bliss.

Lock Your Car Doors – To most people, locking their car doors is second nature, but make sure your doors are locked and windows rolled up before heading into the fair. If you traveled from outside the metro area and used a GPS to get there, store the unit in your glove box while you’re at the fair. The vast majority of the time nothing would happen if you left your doors unlocked, but a lot of thefts happen because of opportunity, not out of necessity. Maybe the thief has no real use for a GPS, but if you left it on your dashboard with the windows rolled halfway down to cool off your car, you’re basically inviting him to take it.

Avoid Certain Carnival Games – You know the game where you have to lob a softball into a tilted plastic bucket and keep it from falling out? This one? It’s rigged. Don’t play it. (Just kidding. We may just be bitter about our inability to win at this one.)

Most importantly, have fun at the Great Minnesota Get-Together this year!

Mike Vanwagner

Coon Rapids Driver Who Killed Teen Had 0.29 BAC

The Coon Rapids driver who hit and killed a Brooklyn Center teen was operating his vehicle with a blood-alcohol content of nearly four times the legal limit, prosecutors said during their opening statements Tuesday.

The case has drawn national media attention, but not because of Michael VanWagner’s abnormally high blood-alcohol or because he was driving without a valid license or insurance. Instead, people from all over the country are chiming in on the nonchalant attitude Vanwagner expressed on social media the days after the accident.

In Facebook posts that have since been taken down, VanWagner posted a photo of his totaled car with the text, “That’s the front end after I got done with her lol :)” In the comments on the photo, a friend asked what happened, and VanWagner replied, “Going into a turn lane and weird ass speed bump flew my left front driver front into a poll then flip and smashed the other side….. 252 and 83rd.” He later added, “I’m all good slept a day in the hospital then came home and did yard work lol.”

Mike VanWagner

The problem is the “weird ass speed bump” VanWagner hit was actually the rear end of a car driven by 16-year-old Jason McCarthy. According to an accident reconstruction team, VanWagner was traveling at roughly 60 mph when his car struck McCarthy’s car. Both cars were thrown into the air, and as fate would have it, McCarthy died in the accident while VanWagner walked away relatively unharmed.

Social Outrage

Although VanWagner wasn’t aware that he killed someone until a few days after the accident, he continued to share some questionable pictures in light of the events that transpired. He shared three captioned photos five days after the accident that depicted:

  • An officer asking a driver “Any drugs or alcohol?” The driver is shown saying, “No thanks, I’ve got everything.”
  • A picture of a woman driver captioned, “You call it ‘road rage,’ I call it ‘aggressively maneuvering around assholes that don’t know how to fucking drive.”
  • Two cars on the road with the caption, “If you tailgate me, I drive slower to piss you off…”

VanWagner has since made his Facebook profile private, but that hasn’t stopped folks from weighing in on other social media platforms. Some top comments from a Reddit post detailing the accident include:

  • “This is a total stranger that killed another total stranger, so this shouldn’t affect me too much. Yet, seeing the screenshot of his Facebook status and the utter disregard towards the fact that he hit and killed a teenager while driving drunk, fills me with a ridiculous amount of rage. I can’t even imagine the level of burning fury the parents must feel after hearing about this.” – Boo-Wendy-Boooo.
  • “Why would you ever brag about drunk driving? That’s like being proud of getting an STD from a one night stand. – gasstationclerk4life
  • “His Facebook isn’t going to do him any favors when he goes to trial for killing a kid.” – IamOfficial

VanWagner was officially charged with two counts Criminal Vehicular Homicide which each carry a maximum sentence of 10 years and/or a $20,000 fine, and one count of Failure to Stop for Accident to Property, which carries a maximum sentence of 90 days in jail and/or a $1,000 fine. He is currently being held without bail.

Related sources: Reddit, Star Tribune, CityPages

Drunk Family

DUI is a Family Affair for Father, Sons

Like father, like son appeared to be the motto for a Vermont family after a father and his two sons were all booked for driving under the influence on the same day.

The strange incident occurred on Saturday when police responded to a call about a single-vehicle crash. The driver, 22-year-old Josh Woodward, suffered only a few bumps and bruises during the accident, but after running his registration authorities noticed that he was operating with a criminally suspended license. During a short discussion with Woodward, officers began to suspect he had been driving under the influence. A subsequent breath test revealed that Woodward was operating the vehicle with a BAC more than three times the legal limit.

That was just the beginning of the bad day for the Woodward family. While authorities were talking to Josh, his 19-year-old brother arrived on scene to check on his brother’s condition. Police noted that Nick Woodward also appeared to be intoxicated, so they asked him to submit to a breathalyzer. Nick failed the test and was arrested and charged with DUI, which just so happens to be his second DUI arrest in the last two weeks.

Perhaps it was his paternal instinct, or maybe it was the booze talking, but before his son’s could be booked into custody, Brian Woodward arrived on scene and tried to move Nick’s car closer to the scene of the accident. Police ordered Brian to stop the vehicle, and they noted that he appeared to be visually and physically impaired. Like his sons before him, Brian submitted to a breathalyzer test. Just like his eldest son, Brian registered a BAC more than three times the legal limit. He was arrested and charged with DUI.

All three Woodwards will appear in court on their DUI charges over the course of the next month.

Related sourcE: WPTZ.com

Bulldozer DUI

Rochester Man Gets DUI on Bulldozer

We’ve written about a bunch of strange DUI stories before, but a Rochester man has found another unique way to be arrested for driving under the influence.

Patrick James Sullivan was arrested on tentative charges of driving under the influence after driving a bulldozer into the Mississippi River.

According to the police report, Sullivan was moving sand on Dakota Island around 1:30am when his bulldozer became stuck in the mighty Mississippi. He told authorities he was working for a construction company hired for a bridge project in the area when he accidentally got his bulldozer stuck in the river.

A crane was eventually brought in to remove the bulldozer from the river, but authorities had some questions for the bulldozer operator. After a short conversation, authorities asked Sullivan to submit to a Breathalyzer test. Sullivan refused, but police felt they had enough evidence to book him on charges of first-degree DWI and refusal to take a breath test.

Authorities say Sullivan has had several run-ins with the law in the past. Winona County Chief Deputy Ron Ganrude said Sullivan has been arrested for DUI on seven previous occasions.

Other Odd DUIs

Although this is the first time we’ve heard of a bulldozer DUI, this is far from the strangest DUI case we’ve seen. Check out some of these crazy stories:

Related source: Pioneer Press

Violent Video Game Study

Study Claims Violent Video Games Increase Teen Crime Risk

A new US study suggests that teenagers who play violent video games are more likely to engage in criminal and risky behavior than those who avoid mature video games.

The study conducted by researchers at Dartmouth College tracked the video game and social habits of 5,000 randomly chosen teenagers over a four-year period. The three video games researchers specifically asked teens about were:

  • Manhunt
  • Spiderman

Researchers found that teens who admitted to playing certain violent videogames exhibited more unsafe tendencies, including smoking marijuana, consuming alcohol and committing crimes. The study also found that teens who played these games were more likely to engage in risky sexual behavior and drive recklessly,

“[The study] is important because it is the first to suggest that possible effects of violence videogames go well beyond violence to apply to substance use, risky driving and risk-taking sexual behavior,” said study co-author James Sargent.

Researchers say the uptick in risky activities may be due to the fact that the violent games are being played at an age where teens’ behaviors are very prone to influence.

“This [behavioral change] is due in part, to changes in the user’s personality, attitudes and values, specifically making them more rebellious and thrill-seeking,” the authors concluded.

Lacks Causation

While this study may serve as a reminder to parents to make good decisions when it comes to buying mature video games for their children, it falls short of proving that video games CAUSE children to become more criminal. It only states that they are more likely to engage in such activity.

For example, a 13-year-old who receives Grand Theft Auto V from their parents for Christmas may not be subjected to the same values as a child whose parents decide not to let them play the mature game. If one child can play a mature game and the other cannot, it stands to reason the same child may be able to stay out later than the other child. Again, although there is a lack of causation, I’m sure if we did a study of two groups of teens, one who had a 9:00pm curfew and the other had a midnight curfew, we’d find that the group who stays out later would engage in more risky behavior, mainly because there is ample opportunity to do so.

It’s very similar to the video game study. If parents are OK with their children playing mature video games, they may also be less concerned with their child’s after school habits or may be less aware of who their children are associating with. Again, this is not saying that all children who play mature video games have bad or uninvolved parents, it just stands to reason that if a child is allowed to regularly view this sort of behavior, they may feel that the risk of engaging in such behavior is less severe than teens who are not allowed to play such video games.

This study opens some interesting avenues for discussion, but it falls short of narrowing down causation. Until then, any number of factors could be cited for this increase in the likelihood of engaging in risky behaviors.

Related source: 3 News

Nick Fairley DUI

Lions’ Fairley Sentenced in DUI Case

Detroit Lions star defensive end Nick Fairley received a six-month suspended sentence for attempting to elude police officers during a traffic stop back in 2012.

Considering the joyride led to an arrest for driving under the influence and reckless driving, Fairley could have received a much harsher sentence. In all, Fairley was sentenced to:

  • $750 in fines.
  • Complete two driving classes by December 10.
  • A six-month suspended sentence if he fails to complete his probation or driving classes.

Fairley should consider himself lucky, especially since he didn’t appear to have the best legal counsel. Unbeknownst to Fairley, the presiding judge had ordered that he be present for sentencing. Fairley’s attorneys did not inform their client that he needed to be in court last Thursday, so he remained with the Lions at training camp.

Fairley’s attorneys asked for a delay in sentencing, and although the judge denied their request, District Court Judge George Hardesty also denied a motion from prosecutors to seek an arrest warrant for Fairley’s failure to appear in court. Attorneys Buzz Jordan and Sid Harrell apologized to the judge, saying they failed to read the judge’s initial order that required Fairley to attend his sentencing. The attorneys noted they incorrectly informed Fairley his presence was not necessary.

In the event that Fairley fails to complete his driving courses by December 10, he’ll be forced to serve his six-month suspended sentence. If the judge decided that Fairley would have to begin serving that sentence immediately, the first game he would miss would be against the Minnesota Vikings. It’s still uncertain if Fairley will face any additional discipline from the league office.

Fairley’s attorneys said they plan to appeal the sentencing decision.

Related source: Detroit Free Press