PHOENIX — Phoenix Mercury star Diana Taurasi pleaded guilty to a drunken-driving charge stemming from her July arrest.
Taurasi, an all-star guard on the WNBA champions, spent a day in jail after a judge suspended nine days of her sentence.
Taurasi's blood-alcohol level was 0.17 percent when she was pulled over on July 2 following a 93-81 victory over the Seattle Storm. That's more than twice Arizona's legal limit of 0.08 percent.
A police officer who stopped Taurasi's vehicle after seeing it drift outside a traffic lane near downtown Phoenix claims she was driving nearly 20 mph over the 35 mph limit.
While Taurasi pleaded guilty to DUI on Oct. 12, charges of extreme DUI and speeding were dropped.
Source
Monday, December 28, 2009
Tuesday, December 15, 2009
Woman gets 6 years for DUI killing of Tucsonan
A 22-year-old Michigan woman was sentenced to six years in prison plus 10 years' probation Friday for killing a Tucson man in an alcohol-related head-on collision last year.
Once Elizabeth Tuccini is released from prison, her driver's license will be revoked for three years and she'll have to have an ignition interlock device placed on her car for one year once she is able to drive.
Tuccini moved to Tucson from Allen Park, Mich. in November 2008 to help her uncle with the Arizona branch of her family's produce company after he was involved in a crash, according to court documents.
On Dec. 20, 2008, Tuccini spent the day Christmas shopping in the Phoenix area, bought a pint of Jaegermeister, mixed it with an energy drink and drank it as she drove home.
Tuccini was speeding on the Interstate 10 frontage road when she crossed the center line and struck Marco Salazar head-on two miles north of the Marana Road exit.
Tuccini's 2005 Dodge Dakota pickup truck flipped over. She suffered a broken wrist and lacerations on both legs.
Salazar, who was 10 days shy of his 55th birthday, was thrown from his 1987 Toyota pickup truck and killed.
Preliminary tests showed Tuccini's blood alcohol level was 0.187; the legal limit in Arizona is 0.08. Her Michigan driver's license had also been suspended for failing to pay a fine.
A Pima County jury was asked to convict Tuccini of manslaughter during her September trial, but they convicted her of the less serious charge of negligent homicide. She was also convicted of two counts of aggravated driving under the influence and criminal damage.
On Friday, Pima County Superior Court Judge Richard Nichols watched a video photo montage of Salazar's life and listened as Salazar's brothers, daughter and cousin spoke about their loss.
They described Salazar as a family man who loved motorcycles, especially his 1972 Harley Davidson. He is survived by his mother, three children, six grandchildren and three siblings.
Monica Salazar told Nichols she visits her father's grave twice a day and her brother sometimes sleeps there.
"We wish this was a horrible nightmare that we could wake up from," she said.
Defense attorney Michael Bloom described his client as a hardworking, nice young woman who made a horrible mistake she deeply regrets.
In fact, Tuccini told him she thought the jury should have convicted her on the manslaughter charge, Bloom said.
Since the crash, Tuccini has been attending Alcoholics Anonymous meetings and participating in counseling, Bloom said.
Tuccini has also been volunteering at a long-term care facility for senior citizens, working with Alzheimer's patients, Bloom said.
While it's easy to say you are remorseful, her actions prove it, Bloom said.
Tuccini turned to the Salazar family, which packed most of the courtroom, and said, "I know there's nothing I can say to take away your pain, but I truly am sorry."
Tuccini's sentence mirrored Deputy Pima County Attorney Victoria Otto's recommendation. She said the Salazar family wanted Tuccini placed on probation after her prison term to ensure no one else has to endure what they are enduring.
Before the proceedings started, Tuccini was formally served with a wrongful-death lawsuit filed against her and her parents by the Salazar family
Source
Once Elizabeth Tuccini is released from prison, her driver's license will be revoked for three years and she'll have to have an ignition interlock device placed on her car for one year once she is able to drive.
Tuccini moved to Tucson from Allen Park, Mich. in November 2008 to help her uncle with the Arizona branch of her family's produce company after he was involved in a crash, according to court documents.
On Dec. 20, 2008, Tuccini spent the day Christmas shopping in the Phoenix area, bought a pint of Jaegermeister, mixed it with an energy drink and drank it as she drove home.
Tuccini was speeding on the Interstate 10 frontage road when she crossed the center line and struck Marco Salazar head-on two miles north of the Marana Road exit.
Tuccini's 2005 Dodge Dakota pickup truck flipped over. She suffered a broken wrist and lacerations on both legs.
Salazar, who was 10 days shy of his 55th birthday, was thrown from his 1987 Toyota pickup truck and killed.
Preliminary tests showed Tuccini's blood alcohol level was 0.187; the legal limit in Arizona is 0.08. Her Michigan driver's license had also been suspended for failing to pay a fine.
A Pima County jury was asked to convict Tuccini of manslaughter during her September trial, but they convicted her of the less serious charge of negligent homicide. She was also convicted of two counts of aggravated driving under the influence and criminal damage.
On Friday, Pima County Superior Court Judge Richard Nichols watched a video photo montage of Salazar's life and listened as Salazar's brothers, daughter and cousin spoke about their loss.
They described Salazar as a family man who loved motorcycles, especially his 1972 Harley Davidson. He is survived by his mother, three children, six grandchildren and three siblings.
Monica Salazar told Nichols she visits her father's grave twice a day and her brother sometimes sleeps there.
"We wish this was a horrible nightmare that we could wake up from," she said.
Defense attorney Michael Bloom described his client as a hardworking, nice young woman who made a horrible mistake she deeply regrets.
In fact, Tuccini told him she thought the jury should have convicted her on the manslaughter charge, Bloom said.
Since the crash, Tuccini has been attending Alcoholics Anonymous meetings and participating in counseling, Bloom said.
Tuccini has also been volunteering at a long-term care facility for senior citizens, working with Alzheimer's patients, Bloom said.
While it's easy to say you are remorseful, her actions prove it, Bloom said.
Tuccini turned to the Salazar family, which packed most of the courtroom, and said, "I know there's nothing I can say to take away your pain, but I truly am sorry."
Tuccini's sentence mirrored Deputy Pima County Attorney Victoria Otto's recommendation. She said the Salazar family wanted Tuccini placed on probation after her prison term to ensure no one else has to endure what they are enduring.
Before the proceedings started, Tuccini was formally served with a wrongful-death lawsuit filed against her and her parents by the Salazar family
Source
Saturday, November 28, 2009
Dui Attorney Phoenix
Trying to Find a DUI Attorney in Phoenix, Arizona? A drunk driving charge is a very serious offense if you don’t seek an experienced drunk driving attorney to protect your rights you may face jail time, loss of your job, drivers license suspension or increased auto insurance. Don’t make the mistake of pleading guilty and having a DUI on your record for the rest of your life without exploring your options like having your case reduced to a lesser charge or completely dismissed. Many lawyers offer free no obligation case evaluations.
There are many DUI Attorneys in Phoenix that are both highly skilled and experienced in the area of drunk driving law; there are also many that will use DUI cases as easy money, seeking to make unfavorable plea deals rather than help you to fight your case. When you are interviewing potential DUI attorneys you should ask the following questions:
1. Do you regularly take DUI cases to trial
A DUI attorney should almost always take DUI cases to trial. It is very easy for police officers who are not entirely familiar with the proper execution of a DUI stop to make mistakes; often times, this can be to your advantage.
2. What is your trial success rate
A DUI attorney’s trial success rate should be above 70%, showing that they are both experienced and able to select the right cases to go to trial.
3. How often do you practice in the court room that I am assigned to
When selecting a Phoenix DUI attorney you should find one that is familiar with the courthouse you are assigned to. Judges and district attorneys are people too and as such they build relationships with lawyers that they regularly work with. If you have to go to Phoenix Municipal Court, find a lawyer who regularly practices DUI law at Phoenix Municipal Court!
Source
There are many DUI Attorneys in Phoenix that are both highly skilled and experienced in the area of drunk driving law; there are also many that will use DUI cases as easy money, seeking to make unfavorable plea deals rather than help you to fight your case. When you are interviewing potential DUI attorneys you should ask the following questions:
1. Do you regularly take DUI cases to trial
A DUI attorney should almost always take DUI cases to trial. It is very easy for police officers who are not entirely familiar with the proper execution of a DUI stop to make mistakes; often times, this can be to your advantage.
2. What is your trial success rate
A DUI attorney’s trial success rate should be above 70%, showing that they are both experienced and able to select the right cases to go to trial.
3. How often do you practice in the court room that I am assigned to
When selecting a Phoenix DUI attorney you should find one that is familiar with the courthouse you are assigned to. Judges and district attorneys are people too and as such they build relationships with lawyers that they regularly work with. If you have to go to Phoenix Municipal Court, find a lawyer who regularly practices DUI law at Phoenix Municipal Court!
Source
Sunday, November 15, 2009
Cops drawing blood in DUI fight
Coming soon to a roadside near you: Cops with needles. What sounds like an ad for a cheap summer horror movie is actually the latest tool in the battle against drunk drivers.
As part of a federal pilot program to reduce drunk driving and lower refusal rates for breath tests, the National Highway Traffic Safety Administration a pilot program to train select officers in certain states in in proper methods for drawing blood from DUI suspects.
The goal of the federal is to determine if blood draws by police can be an effective tool in prosecuting drunk drivers, in addition to lowering refusal rates for breath tests. Recently, a group of officers in Idaho and Texas became medically certified phlebotomists as part of the program.
If the program is successful over the next year or so, the National Highway Traffic Safety Administration will encourage police nationwide to undergo similar training.
As part of a federal pilot program to reduce drunk driving and lower refusal rates for breath tests, the National Highway Traffic Safety Administration a pilot program to train select officers in certain states in in proper methods for drawing blood from DUI suspects.
The goal of the federal is to determine if blood draws by police can be an effective tool in prosecuting drunk drivers, in addition to lowering refusal rates for breath tests. Recently, a group of officers in Idaho and Texas became medically certified phlebotomists as part of the program.
If the program is successful over the next year or so, the National Highway Traffic Safety Administration will encourage police nationwide to undergo similar training.
Wednesday, October 28, 2009
State Revs Up Labor Day DUI Task Force
PHOENIX -- This holiday weekend marks the final weekend of the two-week, statewide Arizona Labor Day DUI Task Force Campaign.
On Friday, some -- like Jessica Pearson -- sought to warn others of the dangers of driving under the influence.
Pearson was on the Memorial Union lawn at Arizona State University, telling the story of her brother, former Sun Devil Henry Pearson, and their good friend, former Angels pitcher Nick Adenhart. Both went to ASU, and both were killed in April when a minivan driven by 22-year-old Andrew Thomas Gallo, of Riverside, crashed into their vehicle.
Three people were killed in the accident in total, and police said the Gallo had a blood-alcohol level of .19 at the time of the crash. He has since pleaded not guilty to suspicion of drunken driving, hit and run and manslaughter.
This holiday weekend, police agencies from all over the state are participating in DUI enforcement activities and will use high-visibility saturation patrols and checkpoints, and officers will actively seek drivers impaired by drugs or alcohol. Lakes and recreational areas, as well as arterial roadways, will also be monitored.
Luckily for most residents, Triple A is again offering their "Tipsy Tow" service starting Sunday evening and running through Monday night. Residents need only call 1-800-AAA-HELP for a free ride and a tow safely home.
There is also a new way to get home if you've had too much to drink. The Designated Drivers' program launched in the Valley today, and they offer free rides home from area bars. Bars just have to call the drivers to arrange the transit.
The program has been very successful since it was started in Las Vegas 10 years ago.
Source
On Friday, some -- like Jessica Pearson -- sought to warn others of the dangers of driving under the influence.
Pearson was on the Memorial Union lawn at Arizona State University, telling the story of her brother, former Sun Devil Henry Pearson, and their good friend, former Angels pitcher Nick Adenhart. Both went to ASU, and both were killed in April when a minivan driven by 22-year-old Andrew Thomas Gallo, of Riverside, crashed into their vehicle.
Three people were killed in the accident in total, and police said the Gallo had a blood-alcohol level of .19 at the time of the crash. He has since pleaded not guilty to suspicion of drunken driving, hit and run and manslaughter.
This holiday weekend, police agencies from all over the state are participating in DUI enforcement activities and will use high-visibility saturation patrols and checkpoints, and officers will actively seek drivers impaired by drugs or alcohol. Lakes and recreational areas, as well as arterial roadways, will also be monitored.
Luckily for most residents, Triple A is again offering their "Tipsy Tow" service starting Sunday evening and running through Monday night. Residents need only call 1-800-AAA-HELP for a free ride and a tow safely home.
There is also a new way to get home if you've had too much to drink. The Designated Drivers' program launched in the Valley today, and they offer free rides home from area bars. Bars just have to call the drivers to arrange the transit.
The program has been very successful since it was started in Las Vegas 10 years ago.
Source
Thursday, October 15, 2009
Phoenix DUI and assault charges after hit-and-run
Monday's hit-and-run accident in the Phoenix area has resulted in one arrest for DUI and aggravated assault.
The accident occurred around 6PM in the east Mesa area outside Phoenix when a car struck a bicyclist, whose name has not yet been released. By 9PM that same day, Benito Gil-Mendoza was arrested and charged.
The cyclist was airlifted to Scottsdale Healthcare at Osborn hospital for treatment of pelvic fractures, a broken arm and back and some bleeding on the brain. There has been no information released regarding his current status.
While Gil-Mendoza had fled the scene rather quickly, witnesses were able to identify his vehicle. A Public Safety officer noticed a vehicle matching the description and carried out a routine traffic stop. The officer immediately noticed the smell of alcohol and suspected DUI.
Gil-Mendoza submitted a breath test that revealed his blood alcohol level was about .2%. Gil-Mendoza will be charged with DUI and aggravated assault due to the bodily injury caused by the accident. It is unknown whether Gil-Mendoza will be charged with manslaughter or, in worst case, murder, if the cyclist does not recover from the accident. Even in absence of homicide charges he faces years in prison for the assault.
Source
The accident occurred around 6PM in the east Mesa area outside Phoenix when a car struck a bicyclist, whose name has not yet been released. By 9PM that same day, Benito Gil-Mendoza was arrested and charged.
The cyclist was airlifted to Scottsdale Healthcare at Osborn hospital for treatment of pelvic fractures, a broken arm and back and some bleeding on the brain. There has been no information released regarding his current status.
While Gil-Mendoza had fled the scene rather quickly, witnesses were able to identify his vehicle. A Public Safety officer noticed a vehicle matching the description and carried out a routine traffic stop. The officer immediately noticed the smell of alcohol and suspected DUI.
Gil-Mendoza submitted a breath test that revealed his blood alcohol level was about .2%. Gil-Mendoza will be charged with DUI and aggravated assault due to the bodily injury caused by the accident. It is unknown whether Gil-Mendoza will be charged with manslaughter or, in worst case, murder, if the cyclist does not recover from the accident. Even in absence of homicide charges he faces years in prison for the assault.
Source
Monday, September 28, 2009
Lawyer challenges marijuana DUI laws in California
Well-known California DUI lawyer Lawrence Taylor is now challenging whether DUI can be applied to marijuana usage.
Taylor is questioning whether marijuana impairs a person's ability to drive to the degree alcohol does. While there have been various tests regarding alcohol-impairment in driving, there are relatively few to support the same is true of cannabis.
The California Department of Justice has produced studies showing marijuana impairs the motor abilities that are needed for driving. This mostly occurs at high doses or among young, inexperienced drivers. Taylor is citing federal studies that contradict these findings.
One such study performed by the U.S. Department of Transportation researched the topic using a simulator to compare the affects of alcohol and marijuana, both separate and when combined. Alcohol created impairment across the board, while marijuana only occasionally impaired drivers.
Another study cited claims that cannabis, or THC, is not "profoundly impairing." Some information processing skills are impaired, but not to the ability that a person cannot control driving, according to the study.
A further issue over marijuana DUI laws is the fact that the drug is metabolized quickly but can stay in the body for hours or days. Traces of THC will remain in the body for weeks. Measuring these levels in blood tests may point to chemicals that have been in the body for days.
It would be difficult to prove a person was significantly impaired by marijuana at the time of an arrest for these reasons. First, marijuana only occasionally creates significant impairment, according to federal studies. Second, testing for marijuana use cannot pinpoint if and when the person was actually affected by the drug, only that it is in his or her system.
Laws in California are further complicated by the legal use of medicinal marijuana. Not every person who is found with marijuana in his or her system has even committed a crime. Some may have prescriptions for use of the drug, making the crime in effect no different than driving after taking anti-anxiety or anti-depressant medication.
Source
Taylor is questioning whether marijuana impairs a person's ability to drive to the degree alcohol does. While there have been various tests regarding alcohol-impairment in driving, there are relatively few to support the same is true of cannabis.
The California Department of Justice has produced studies showing marijuana impairs the motor abilities that are needed for driving. This mostly occurs at high doses or among young, inexperienced drivers. Taylor is citing federal studies that contradict these findings.
One such study performed by the U.S. Department of Transportation researched the topic using a simulator to compare the affects of alcohol and marijuana, both separate and when combined. Alcohol created impairment across the board, while marijuana only occasionally impaired drivers.
Another study cited claims that cannabis, or THC, is not "profoundly impairing." Some information processing skills are impaired, but not to the ability that a person cannot control driving, according to the study.
A further issue over marijuana DUI laws is the fact that the drug is metabolized quickly but can stay in the body for hours or days. Traces of THC will remain in the body for weeks. Measuring these levels in blood tests may point to chemicals that have been in the body for days.
It would be difficult to prove a person was significantly impaired by marijuana at the time of an arrest for these reasons. First, marijuana only occasionally creates significant impairment, according to federal studies. Second, testing for marijuana use cannot pinpoint if and when the person was actually affected by the drug, only that it is in his or her system.
Laws in California are further complicated by the legal use of medicinal marijuana. Not every person who is found with marijuana in his or her system has even committed a crime. Some may have prescriptions for use of the drug, making the crime in effect no different than driving after taking anti-anxiety or anti-depressant medication.
Source
Monday, June 22, 2009
Arizona DUI Fines & Sentencing
When faced with an Arizona DUI arrest and/or conviction, there are several issues to think about: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DUI school or do community service? Here are the basic laws regarding Arizona DUI fines and sentencing.
First Arizona DUI Offense:
Criminal Status: Class 1 misdemeanor. Aggravated DUI elevates criminal status to a felony. An aggravated DUI is a DUI (impaired, per se or extreme) that is committed: (1) on a suspended, revoked or canceled license; (2) a third DUI offense in 5 years; or (3) while a person under 15 is in the vehicle.
Jail: DUI: 1-10 days. Extreme DUI: 10-30 days. Aggravated DUI: Terms in prison vary depending on violation.
Arizona DUI Fines/Costs: Minimum $250 (plus $500 for the prison construction fund and $500 for the state general fund).
-Extreme DUI: Least $250 (plus $250 DUI assessment, $1,000 for the prison construction fund, and another $1000 for the state general fund)
-Aggravated DUI: Minimum $750 (plus $250 DUI assessment and $1,500 for the prison construction fund and $1,500 for the state general fund).
Jail costs: An 80% surcharge on the base fine is levied on each DUI offense.
Arizona License Suspension: DUI: 90 days. Extreme DUI: 1 year. If aggravated DUI, license revoked for 3 years.
Arizona Probation: DUI: Up to 5 years (informal, may not be supervised). Aggravated DUI: 10 years.
Vehicle Impound: Yes, for extreme DUI and aggravated DUI.
Source
First Arizona DUI Offense:
Criminal Status: Class 1 misdemeanor. Aggravated DUI elevates criminal status to a felony. An aggravated DUI is a DUI (impaired, per se or extreme) that is committed: (1) on a suspended, revoked or canceled license; (2) a third DUI offense in 5 years; or (3) while a person under 15 is in the vehicle.
Jail: DUI: 1-10 days. Extreme DUI: 10-30 days. Aggravated DUI: Terms in prison vary depending on violation.
Arizona DUI Fines/Costs: Minimum $250 (plus $500 for the prison construction fund and $500 for the state general fund).
-Extreme DUI: Least $250 (plus $250 DUI assessment, $1,000 for the prison construction fund, and another $1000 for the state general fund)
-Aggravated DUI: Minimum $750 (plus $250 DUI assessment and $1,500 for the prison construction fund and $1,500 for the state general fund).
Jail costs: An 80% surcharge on the base fine is levied on each DUI offense.
Arizona License Suspension: DUI: 90 days. Extreme DUI: 1 year. If aggravated DUI, license revoked for 3 years.
Arizona Probation: DUI: Up to 5 years (informal, may not be supervised). Aggravated DUI: 10 years.
Vehicle Impound: Yes, for extreme DUI and aggravated DUI.
Source
Monday, June 8, 2009
Man suspected of DUI hits two vehicles
A man suspected of driving drunk was involved in a hit-and-run accident last Saturday morning.
Around 7:52 a.m. May 30, Fermin Cano, 23, a resident of Phoenix, was driving his vehicle on the Loop 101 northbound off-ramp exiting to West Camelback Road, when he hit a tractor trailer.
He continued to 75th Avenue and Camelback, where he struck a truck stopped at a red light.
Canos was injured in the second accident and transported to the hospital for treatment.
Glendale Police spokesperson Officer Karen Gerardo said Cano has not been booked.
“Charges are pending-(blood draw),” she said.
Source
Subscribe to:
Comments (Atom)