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

Failure to Yield Minnesota

Pedestrian Awareness Week Comes to St. Paul

In an effort to combat crosswalk collisions, the city of St. Paul has declared this week Pedestrian Awareness Week.

According to city statistics, 302 people have been hit struck by vehicles at intersections in St. Paul over the last two years. That’s far too many, said St. Paul police department spokesman Sgt. Paul Paulos.

“Today people have so many distractions, talking on cellphones or just having a bad day, and they don’t take time to notice that there is a pedestrian,” said Paulos. “They are unfocused. It’s clear and evident that drivers don’t follow the pedestrian laws, and for those who violate there is a high probability they will be cited.”

As part of Pedestrian Awareness Week, St. Paul police will camp out at some areas of high foot-traffic to keep an eye out for drivers who fail to yield to pedestrians, said Paulos. He noted that Minnesota law states that drivers must yield to pedestrians at marked crosswalks and at intersections with or without marked crosswalks.

In addition to the added patrols, the city used a $1,000 donation from the Grand Avenue Business Association to add bright orange flags on corners of some busy St. Paul intersections. Pedestrians can pick up one of the bright flags from a tube on one side of the street and deposit it in a similar tube once they safely cross the street.

Madison, Wisconsin instituted 50 such flag sites a few years ago, and city officials say the program has been a rousing success. Local and national studies say drivers stop about 70 percent of the time when a person appears ready to cross the street with the flag in their hand, compared to just 20 percent when they aren’t equipped with the orange flag.

Possible Penalties

As we mentioned in a previous blog, failing to yield to pedestrian fines can rack up quickly. Make sure you stay aware of your surroundings this week and whenever you’re driving in areas of heavy foot-traffic. Some penalties St. Paul police will be looking for this week include:

  • Failure to obey a stop sign or traffic control device – $128 fine.
  • Failure to yield right of way – $128 fine.
  • Failure to yield to a pedestrian – $178 fine.
  • Improper or prohibited turn – $128 fine.

Under Minnesota law, a driver only needs to wait for a pedestrian to cross their lane of traffic before continuing. Most of the time that takes less than 5 seconds. Give pedestrians those extra seconds and say yourself a $178 fine.

Related source: Star-Tribune

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

New Minnesota Laws

New Minnesota Laws Go Into Effect August 1

Laws passed during the 2014 legislative session set to go into effect tomorrow include a ban on weapons for individuals convicted of domestic assault and increased fines for speeding in construction zones, among others.

Quick Overview

Below is a quick run through of some of the bigger changes that affect criminal law that will go into effect on August 1.

Ban on Guns for Violent Offenders – Starting tomorrow, any person convicted of domestic violence or stalking will be unable to legally obtain a firearm in Minnesota. The law prohibits any person subject to an order for protection in a child or domestic abuse case from possessing a weapon for the length of the order. Offenders would also have to submit any firearms they previously possessed if the court decides it is necessary.

Additionally, Minnesota added three crimes to the state’s crime of violence statute. Any person convicted of one of the following crimes will be unable to legally possess a firearm in Minnesota for life:

  • Fifth Degree Assault
  • Felony Domestic Assault
  • Felony Domestic Assault by Strangulation

Work Zone Speeding Fine Increase – This cut and dry law is aimed at keeping construction workers safe. Beginning August 1, motorists caught speeding through a work zone will be fined $300. “The law is important because it provides added protection in areas that can be vulnerable to careless drivers,” said Charlie Zelle, Minnesota DoT commissioner. The law would also include drivers who fail to obey directions from work zone flaggers.

Expanded Drug Law – Legislators expanded the statutory definition of a drug in an effort to remove synthetic drugs from Minnesota communities. The new law states that an illegal drug is, “any compound, substance, or derivative that is not approved for human consumption under Minnesota law [when introduced to the body induces an effect similar to that of scheduled drugs.]”

Related source: Wahpeton Daily News

Kid Park walk

Mom Arrested For Letting Child Go To Park…Wait What?

A Florida mom was arrested and charged with felony child neglect for letting her son go to the park by himself.

“I’m totally dumbfounded by this whole situation,” said Nicole Gainey, the mother at the center of the case.

The whole incident unfolded last Saturday when Gainey’s 7-year-old son Dominic asked if he could go to the park by himself. Gainey told him he could walk to the park on his own, adding that she “was letting him go play,” and “didn’t think she was doing anything wrong.”

The park in question is about a half mile from their home, and Dominic said it usually takes him about 10 minutes to get there. During the walk Dominic passed by a public pool, and a concerned adult asked him where his parents were. Flustered by the continued questions, Dominic ran off to the park. The adult who stopped Dominic by the pool phoned authorities, and they picked Dominic up and gave him a ride back to his house.

Police could have just dropped Dominic off, but they decided to put his mom in handcuffs for child neglect. Gainey was shocked and appalled by the arrest.

“My own bondsman said my parents would have been in jail every day,” said Gainey, who paid nearly $4,000 in bond fees to secure her release.

Gainey said the arresting officer repeatedly lectured her on the number of sex offenders in the area.

“He just basically kept going over that there’s pedophiles and this and that and basically the park wasn’t safe and he shouldn’t be there alone,” said Gainey.

Gainey believes that the half mile walk is safe enough for her son during the day, adding that he has a cell phone and they check in with one another regularly.

Gainey plans to fight the charge, but she added that she won’t let Dominic go to the park alone anymore out of fear that she’ll be arrested again.

Avery Appelman comments

Like most states, felony child neglect is subjective and determined on a case-by-case basis. For example, on a cool August day, how old does a child have to be before a father can leave him unsupervised in the car while he runs into the gas station to pick up a gallon of milk? 5 years old? 10 years old? How long will the child be in the car? These are all factors that help authorities decide if charges should be filed.

This crime occurred in St. Lucie, Florida. There is no law that specifies that a child needs to be a certain age before they can go somewhere unsupervised, so again, it’s up to the cops to look at all the factors in the case.

Ultimately I don’t believe these charges will stick. Whether or not you believe Gainey was in the right or wrong, simply bringing the child home, talking to the mother about the sex offenders in the area, and mentioning that another violation could lead to child neglect charges probably would have resulted in the same outcome. Gainey would have got the message. Instead, she now has to spend money on an attorney to fight felony charges because a cop decided this was the best way to look out for the safety of a child.

Related source: Fox 6 News

Super Extreme DUI

NBA Player Tucker Arrested for Super Extreme DUI

Phoenix Suns small forward P.J. Tucker was so drunk when he got behind the wheel of his Mercedes-Benz on May 10 that he earned a dubious distinction after getting pulled over by one of Arizona’s finest.

Tucker was arrested for a “super extreme DUI.”

Under Arizona law, super extreme DUI charges are brought against any person found operating a motor vehicle with a blood-alcohol content greater than 0.20. The legal limit is 0.08, so a super extreme DUI occurs when a person is driving with a BAC of at least 2.5x the legal limit.

That’s exactly what happened to Tucker back in May. According to the police report, an officer spotted Tucker rolling through stop signs near a popular nightlife destination in Scottsdale.

The arresting officer pulled Tucker over and noted that he exhibited “thick and slurred speech” and had “watery and bloodshot” eyes. He also wrote in his report that there was a “powerful” smell of alcohol emanating from the vehicle.

Tucker allegedly told the officer he only had one beer, but that appears to be a lie, unless his glass could hold 150 ounces of liquid. A preliminary breath test showed that Tucker was driving with a BAC of .201, and a subsequent breath test taken at the station registered a .222.

DUI, Extreme DUI, and Super Extreme DUI

Although Minnesota hasn’t adopted the moniker super extreme DUI, they hold 0.20 BAC as a threshold for increased punishment. Driving with a BAC greater than 0.20 is considered an aggravating factor, meaning your Fourth Degree DUI will become, at minimum, a Third Degree DUI, and if convicted, you’ll have to outfit your car with a Whiskey Plate.

As for Arizona, they have three levels of DUI. They are:

  • DUI (0.08 BAC or greater)
  • Extreme DUI (0.15 BAC or greater)
  • Super Extreme DUI (0.20 or greater)

A super extreme DUI carries a minimum 45-day jail sentence, unless the defendant installs an ignition interlock device or agrees to a form of house arrest.

Tucker was charged with a stop sign violation, and four degrees of DUI, including at least one charge of a DUI, extreme DUI, and super extreme DUI. Aside from criminal penalties, Tucker should expect a suspension from the NBA. Based on other player DUIs, Tucker is likely looking at a two-game suspension.

Facebook Like Crime

Facebook Likes Lead to Felony Charges in Wisconsin

A Wisconsin couple was arrested on theft charges after they “Liked” an incriminating photo on their local police department’s Facebook page.

Lisa J. Schulties, 32, and Jeorge A. Sales, 26, were slapped with felony burglary charges stemming from a June 26 break-in. During that robbery, the homeowners notified police that their credit cards were among the items that were stolen. Police marked the cards as stolen and waited for the suspects to use the cards.

Instead, authorities believe the pair sold or gave the stolen credit cards to another man, who was caught on camera attempting to use the cards at a local store. When the Douglas County Sheriff’s Office posted the picture of the man on their Facebook page in an attempt to get help from the public in identifying the man, Schulties and Sales “Liked” the photo.

Police did some digging and later asked Schulties to come down to the station to answer some questions. During the interrogation she admitted to stealing the credit cards during the break-in. She also told authorities that Sales, her boyfriend, was an accomplice to the break-in.

Although some of the case details weren’t made public, it’s believed that Schulties and Sales transferred the stolen credit cards to the man pictured in the survielance footage, but it’s uncertain if the pair are familiar with the suspect. The unidentified person is not a suspect in the burglary, but police would still like to talk to him about his use of the stolen cards. The suspect is believed to have fled the area after seeing his photo online, and he has not yet been identified by Shulties or Sales.

It’s uncertain what level of felony charges were brought against Schulties and Sales, but even the lowest level – Class I Felony Theft – carries penalties of up to 3.5 years in prison and fines up to $10,000. A Class H Felony Theft charge carries the potential of 6 years in prison and fines of up to $10,000, while a Class G Felony Theft charge carries a maximum of 10 years in prison and fines up to $25,000.

I doubt Schulties and Sales “like” that.

Drunk Parent

Parents, Not Strangers, Account For Majority of Child DUI Deaths

A study published in the journal Pediatrics found that children are more likely to be involved in a fatal alcohol-related car crash when an adult they know is driving under the influence, not when their sober adult is struck by a random drunk driver.

The study shows that parents and relatives are a greater threat to children than an unknown drunk driver. According to the statistics, of the 2,344 children under 15 who were killed in an auto accident involving a drunk driver, two-thirds of the children were riding in the car with the drunk driver themselves. Researchers also found:

  • Texas and California had the most deaths among kids riding with drunken drivers.
  • Nearly two-thirds of children who died while riding with a drunk driver were not wearing seat belts at the time of the accident.
  • More of the adult drunk drivers survived the crashes than the children, suggesting that more children could have survived if they had used a seat belt or child seat.
  • The numbers are very similar to a nearly identical study conducted between 1985-1996.

Researchers concluded their study by saying states should consider increasing the penalties for DUI with a child in the vehicle.

Minnesota DUI with Children in the Car

A typical first-time DUI where the individual blows under a .20 is considered a Fourth Degree DUI, which is a misdemeanor offense, but Minnesota casts stronger penalties on those who choose to drive drunk with children in the car. As the law currently stands, driving drunk with a child in the car is considered an aggravating factor under Minnesota law, as is a previous DUI conviction or blowing over a .20 BAC.

If you have one aggravating factor, your charge will automatically be upgraded to a Third Degree DUI, which is considered a gross misdemeanor.  That means you’re automatically facing a gross misdemeanor offense if you are caught driving under the influence with a child under the age of 16 in your car.

If you are found guilty of a Third Degree DUI in Minnesota you will face up to a year in jail and fines up to $3,000. The mandatory minimum fine is $900, and although there is no mandatory jail sentence, prosecutors routinely ask for some form of incarceration to send a message. Additionally, if you drive drunk and cause an accident that results in great bodily harm or death, you will face felony charges.

Make smart decisions, and never drink and drive, especially if you are responsible for the safety of young children.

Kid Arrest

Locking Up Kids Leads to Adult Criminals

A report by Youth Advocate Programs, Inc. suggests that locking up youths for juvenile crimes leads to an increased likelihood that they’ll return to prison as an adult offender.

Instead of pushing for jail time, the advocacy group said prosecutors and judges should focus on making sure the juvenile offenders get the help they need – something they say it unavailable when the youth gets deeper into the juvenile justice system.

“Institutions provide virtually none of the supports the community can,” the YAP said in a statement. “Youth need to learn how to function and make good decisions within the community, and having the support of caring, competent adults and access to safe and positive people, places and activities is what leads to good long-term outcomes. Kids can’t access these supports in isolation.”

The Department of Juvenile Justice said as the number of beds in one state’s juvenile facilities declined, so too did youth arrests, felony juvenile arrests, and transfers to adult courts. The YAP believes more children are being rehabilitated through probationary programs and mental health counseling than by spending their time behind bars.

“Risk factors that make you vulnerable to incarceration cannot be eliminated through incarceration,” the YAP cited in their report. “In fact, many of the environmental and social factors that contribute to youth incarceration get worse, not better, with incarceration.”

In their report, the YAP cites a program at the John Jay College of Criminal Justice Research and Evaluation Center to back up their assertions. The Center put 3,523 high-risk youth through an intensive community-based program and found that nearly 90 percent remained arrest-free during their tenure, which is much higher than the average youth recidivism rate.

Related source: The News Service of Florida

Fatal DUI

St. Paul in Top 10 for Fewest Fatal DUIs Per Capita

A new study examining fatal alcohol-related car crashes in large metropolitan areas found that St. Paul, Minnesota, is in the Top 10 for fewest alcohol-related driving deaths per capita. Additionally, no Minnesota cities were named in the Top 25 cities with the most alcohol-related fatal car crashes.

The study published by NerdWallet.com examined car crash data from cities across the US from 2010-2012. To analyze how citizens in one state dealt with a DUI compared to those in another state, researchers also tracked:

  • Average car insurance premium
  • Average car insurance premium after a DUI
  • Total number of fatal alcohol-related car crashes
  • City population
  • Fatal alcohol-related crashes per capita

The Best and the Worst

California led the way in cities with the highest rate of alcohol-related deaths per capita, as two California cities cracked the Top 5 and four made their way into the Top 10. See the chart below for the cities with the highest rate of fatal alcohol-related car accidents per capita.

1. San Bernadino, CA

2. Mobile, AL

3. Riverside, CA

4. Tulsa, OK

5. Lubbock, TX

While California may hold the dubious distinction of having four cities in the Top 10 of the above list, they also claimed the top three spots on the list of cities with the fewest fatal alcohol-related car crashes. The five major cities with the fewest deaths are:

1. Moreno Valley, CA

2. Glendale, CA

3. Santa Rosa, CA

4. Arlington, VA

5. Aurora, IL

Although it didn’t crack the Top 5, St. Paul finished as the ninth best city for fewest fatal alcohol-related crashes.  Only 0.0140 residents per 1,000 perished in such an accident between 2010-2012.

Also, car insurance premiums in St. Paul didn’t spike very much compared to other states. Research shows that the average St. Paulian can expect their insurance to rise about 30 percent after a DUI. Conversely, residents in Durham, North Carolina, can expect their insurance to increase an average of 157 percent after a DUI.

For more information about the study, head on over to NerdWallet.

by Appelman Law Firm