The sergeant, who has been in the Special Operations Bureau, was reportedly driving an unmarked patrol car and pulled over by a colleague after the officer had observed the sergeant engaged in a series of traffic violations.
]]> Washington State Patrol troopers took over the investigation shortly after the sergeant's identity was determined.Interestingly, one State Patrol Trooper said the sergeant had fresh damage to his vehicle and may have been involved in a hit and run. He refused to take a breathalyzer test at the scene of the accident, and was subsequently taken to a local medical center for a blood test.
Seattle Police Department authorities say the officer was off duty at the time of the arrest, and will be receiving a transfer pending the investigation. A complaint has already been filed with the Office of Professional Accountability over the incident.
Under Washington law, refusal to submit to a breath test on a first offense will result in a mandatory suspension of one's driver's license for one year. If the suspension is uncontested and upheld, the penalties will be upheld regardless of the outcome of the associated criminal charges.
Prosecutors will use refusal to submit to a breath test as evidence as knowledge of guilt, but that is not always the reality. It is important to have an attorney at your side to help protect your rights if you face DUI charges. Doing so will ensure the prosecution respects the limits of the law.
Source: My Northwest, "Seattle Police sergeant arrested for DUI," Brandi Kruse, February 13, 2012.
]]>Police were reportedly called out to the couple's home in Pasadena, California. He was arrested after police discovered she had minor injuries. His girlfriend, Claire Sinclair, is the 2011 Playmate of the Year, according to sources. The pair has apparently been together since August 2010.
]]> Marston Hefner is one of two adult sons of Playboy founder and his ex-wife Kimberly Conrad Hefner.Sinclair has apparently said the temporary restraining order police granted Sinclair was a five-day order, but police authorities have apparently said its only a three-day order. Claire Sinclair has said she will not press charges against Marston Hefner, provided he makes a public apology. She has also said she wants him to get psychiatric help. She claims he hit her on more than one occasion.
It is not clear whether Hefner has hired an attorney in the case, though he has apparently denied he hit Sinclair. As for the man's legendary father, he has said he is "disappointed" in his son's behavior.
Domestic violence charges can be a painful thing to battle, particularly in cases where the charges are false. Mounting a defense against such charges requires the skill of an experienced attorney who knows how to protect the rights of defendants.
Source: Seattle Times, "Hefner's son arrested in domestic violence case," February 13, 2012.
]]>They argue that the latter crimes might have been prevented or detected sooner if he had been compelled to give a DNA sample after his initial arrest. The proposed change in the law would gather DNA from almost everyone arrested for a felony or for violation of a domestic violence order of protection. The only requirement would be that a judge agrees that the arrest was supported by probable cause, which only indicates there was sufficient suspicion for an arrest, not necessarily proof of guilt beyond a reasonable doubt, as required for a conviction.
]]> Critics of the proposed change, however, point to the Fourth Amendment protection against unreasonable searches and seizures, the constitutional right of privacy, and the legal presumption of innocence for individuals who have not been convicted of anything, despite being accused of a serious crime.They also point out that DNA contains a wealth of personal genetic information about an individual, and that the accumulation of such information, including information about innocent persons, in a computerized government database may present the possibility of using that information for improper purposes.
If adopted, the change would cost over $400,000 annually. Under the proposal, once a person is found not guilty of the crime which led to their DNA being collected, the burden would be on them to file a petition seeking to have their sample destroyed.
Source: Seattle Post Intelligencer, "Wash. considers collecting DNA upon arrest," Gene Johnson, February 5, 2012.
]]>According to sources, the drunk driving incident killed a 66 year-old nun and badly injured two other nuns, ages 71 and 77. The 71-year-old nun was hospitalized for a number of months after the crash, and suffered impairment of both her memory and her hearing. Her left thumb was severed and she requires pins to hold some of her vertebrae together. It took a long struggle for her to regain her ability to sit, stand and walk, she says.
]]> The two surviving nuns reject attempts to politicize the case, or hold up the motorist as a murderer or scapegoat. They view the incident instead as a result of illness caused by abuse of alcohol, and a horrible accident for which he should be forgiven.The accident occurred while the nuns were traveling out of town to a church retreat which they attend annually. The motorist's Subaru swerved through a guardrail and then into the opposite lane, in which the nuns' Toyota was traveling, smashing into it. The accident occurred at around 8 a.m. on a narrow road with only two lanes.
The nun who died in the accident had spent time serving as a missionary in Africa, as well as working as a high school teacher and as the spiritual director of her convent.
Source: Washington Post, "Drunk driver gets 20 years for Va. crash that led to nun's death," Jeremy Borden, February 3, 2012.
]]>It might be unfortunate news for some, then, that Aldon Smith, a linebacker for the 49ers, was recently arrested and has been charged with a DUI.
]]> Details on Smith's arrest are hard to come by, but it is known that he was arrested early the morning of Saturday, January 28 by police in Miami Beach and that he was taken to jail and held on $1,000 bond. The circumstances of his arrest or what brought him to the attention of police have not been released to the public.Smith was a noteworthy part of the 49ers and big part of its success. The team recently saw its hopes for a Super Bowl appearance dashed by the New York Giants, but until that game, Smith has been a standout of the lineup. It can't be easy for fans of the 49ers to lose to the Giants and then have a star player get arrested for a DUI; it's a double shot of misfortune that cannot be easy to swallow.
But all of us, 49ers fans especially, really need to bear in mind that this DUI charge does not mean Smith is a bad person. It just means he made a mistake that is all too easy to commit. People should not drive when they are drunk, of course, but sometimes, that it easier said than done. It is all too easy to have more drinks than planned, and it can really be hard to judge whether you are too intoxicated to drive.
Source: USA Today, "49ers' Aldon Smtih faces DUI charge in Florida," Jan. 28, 2011
]]>The bill is an update of the 1995 Violence Against Woman Reauthorization Act and functions by allocating grant money to community-based programs that fight domestic violence. This update would explicitly make programs for lesbian, gay, bisexual and transgender people eligible for grant money, as long as they have programs meant to decrease domestic violence among those communities.
]]> Naturally, the bill has been cheered by groups that support lesbian, gay, bisexual and transgender people. But some lawmakers have expressed concern over the legislation and have said they will not support it because it specifically idenifies communities to which they or their constituents are opposed.It will be interesting to see the development of the bill. No lawmaker wants to be perceived as voting against an anti-domestic violence measure (since that would make voters think, "Well, does that mean you are in favor of domestic violence?") but some lawmakers risk losing popularity if they are seen as supporting rights for lesbian, gay, bisexual and transgender people.
A date for the full Senate to vote on the bill has not yet been set.
What do you think about an anti-domestic violence bill specifically supporting these groups? Do you think it is progressive and a step in the right direction, or do you think it is politicizing an issue that we do not need to worry too much about?
Source: The Washington Blade, "Senate panel approves LGBT-inclusive domestic violence bill," Chris Johnson, Feb. 2, 2012
]]>The stalking sentence was, according to King County Senior Deputy Prosecutor Alex Voorhees, the harshest she has ever seen for a stalking case. As our readers may be aware, stalking is an issue closely related to that of domestic violence. Every state has criminalized stalking, though the consequences vary.
]]> According to sources, the man began stalking his victim in 1994, when she was 13-year-old, not long after they met during middle school in Renton. According to the woman, he had misinterpreted her offer to help him with his homework and began following her, which continued through high school. She also accused him of writing many letters to her and her family over the years, some of which contained suicide threats and demands that she contact him.At some point, a no-contact order was issued, but the stalking apparently continued. He was sentenced to eight years in prison in 2001 after repeatedly violating the order. Two years after his release, he reportedly resumed the behavior.
The man was convicted last summer in King County of two counts of felony stalking and 19 misdemeanor counts of violating an anti-harassment order by sending letters to the woman and her sister. The man received 7 ½ years for two felony counts and 19 years for the misdemeanor counts.
Sources said that the man went through a mental-competency evaluation, which found that he was competent for sentencing. The entire picture of his mental health, however, isn't clear.
Stalking charges are no small deal, and those facing such charges do well to secure for themselves solid representation.
Source: Seattle Times, "Relentless stalker sentenced to 26-1/2 years in King County court," Jennifer Sullivan, January 24, 2012.
]]>Mirkarimi pleaded not guilty last Thursday to misdemeanor counts of domestic violence battery, child endangerment and dissuading a witness. We also noted that, at that hearing, Mirkarimi's Venezuelan wife had harsh words for the judge. She apparently opposes the judge's order that Mirkarimi have no contact with her or the couple's 2-year-old son.
]]> Mirkarimi announced on Tuesday afternoon that he informed Mayor Ed Lee he would not be taking a leave of absence from him position, despite the allegations. He apparently told Lee the recent developments would have no impact on his ability to do his job.The announcement comes after Lee said he would be asking the new Sheriff to temporarily step down as his case had become a "distraction." He reportedly ended up leaving the decision to Mirkarimi.
Mirarimi is currently awaiting trial on the charges against him. Sources didn't indicate when the trial will take place. Mirkarimi has apparently left open the possibility that he may have to step down from his position during the trial.
As we've noted in previous posts, Mirkarimi's wife has been outspoken against legal action taken against her husband since news of the incident was made public. Mirkarimi has said the incident was an inconsequential domestic dispute, and a private matter.
It isn't clear how the whole matter will turn out for the new Sheriff, but one thing this story does make clear is the consequences of domestic violence charges. It also underscores the importance of obtaining competent representation when one is faced with such charges.
Source: CBS News, "San Francisco sheriff Ross Mirkarimi will not step down despite domestic abuse claims," January 25, 2012.
]]>Well things developed quickly, because on Thursday Sheriff Mirkarimi pleaded not guilty to misdemeanor counts domestic violence battery, child endangerment and dissuading a witness. Interestingly, the Sheriff's wife was present at the hearing to criticize the judge for her handling of the case.
]]> Reuters reports that the Sheriff's wife insisted without effect that the judge in charge of Mirkarimi's case drop an order preventing her husband from having contact with both her and the couple's 2-year-old son.The incident reportedly involved a dispute between the Sheriff and his Venezuelan wife about her plans to take their son on a trip to Venezuela. At some point in the argument, she ran outside the couple's home into the street and showed a neighbor a bruise on her arm. The neighbor reportedly made a video of the injury and provided it to police, despite the objections of the Sheriff's wife.
According to prosecutors, the Sheriff's wife expressed fear of her husband, who allegedly threatened to take their son away from his wife.
As we have noted, Mirkarimi has said that the incident was a private matter, which has brought on the criticism of those who say such a view demonstrates a lack of understanding of the nature of domestic violence. Mirkarimi's spokesman has said, though, that he was referring only to his situation, not domestic violence in general.
The case is reportedly set for a family court hearing on Monday.
Source: Reuters, "San Francisco sheriff pleads not guilty to spousal abuse," Laird Harrison, January 20, 2012.
]]>The research, while inconclusive, does point to the stereotypes of many who feel that child abuse and domestic violence doesn't happen in affluent families, and that abuse is more readily suspected among the lower class.
]]> The findings are based on a survey of pediatricians, who were given a fictional case report of a toddler with a leg fracture. The study surveyed 2,100 U.S. pediatricians who responded to one of four hypothetical situations. Each of the cases involved an 18-month-old with an "ambiguous" leg fracture, which could have been caused by abuse or some sort of accident. The only difference between the scenarios was the child's race and the family's financial situation.Race apparently did not affect the doctors' responses very much, but the financial or economic situation of the parents did seem to affect responses. When the child's family was described as lower-income, 48 percent of the doctors felt there had been abuse, and when the parents were described as higher-income, 43 percent felt there had been abuse.
The finding regarding race was a bit surprising to the researchers, since studies on actual cases has shown that minority children are more likely to be evaluated for abuse than white children. In addition, the child welfare system is known to support a disproportionate number of minority children.
The lead researcher in the study, who is also a pediatrician, said that there is strong evidence that patients are handled differently based on their race. The reasons for this, though, are not yet clear.
Source: Reuters, "Docs more likely to suspect abuse in poor kids," Amy Norton, January 20, 2012.
]]>Mirkarimi's wife is said to have approached a neighbor to reach out for help on the night of the incident. The neighbor reportedly took photographs of the bruised woman, who later denied that domestic violence occurred. She has also said that the situation had been "taken out of context."
]]> Sources said that the District Attorney's office is still determining whether charges will be pursued in the case. Mirkarimi has responded to the incident by saying that it was "a private matter. A family matter." He has been criticized for this statement, which some feels shows an insensitivity and lack of understanding of the nature of domestic violence. But Mirkarimi's spokesman has said he was referring only to his situation, not domestic violence in general.At present, Sheriff Mirkarimi has not been charged, but if he was charged and convicted with a felony, he would be removed from office.
Mirkarimi has blamed political opponents for making raising the issue, though the individual who first brought the incident to light has politically supported Mirkarimi in the past.
Defenders of Mr. Mirkarimi say the incident is completely out of character for him.
Regardless of what happens in the incident, the public attention it is getting is likely to cast a shadow over Mirkarimi's career.
Allegations of domestic violence, even when no charges are issued, can have a significant effect on one's life. This is another reason why the accused deserve the best defense possible.
Source: SF Gate, "Anti-domestic violence group asks sheriff to quit," January 12, 2012.
]]>Sobriety checkpoints, which make use of road blocks in order to catch drunk drivers, were found to be unconstitutional by the Washington State Supreme Court, but concerns over the number of drunk-driving related fatalities has these lawmakers calling for reconsideration of the issue.
]]> Though lawmakers have attempted previously to bring sobriety checkpoints back to Washington in recent years, those efforts have failed. The newest effort is House Bill 1912, which proposes to create a statewide administrative sobriety checkpoint program. The bill, according to a spokesman from Mothers Against Drunk Driving, contains restrictions on what law enforcement can do, including receiving court authorization and using crash data to determine where to place checkpoints.The American Civil Liberties Union has expressed criticism of the bill, saying that Washington law has already determined that sobriety checkpoints are a violation of the people's privacy. The group also disputes statistics provided by the bill's supporters, which supposedly point to the effectiveness of sobriety checkpoints. According to the ACLU, other statistics show that sobriety checkpoints are ineffective, and constitute a waste of public resources.
Washington is one of 12 states that do not currently allow sobriety checkpoints.
While the prospects for the bill do not seem very promising, it isn't clear how much support will gain among state lawmakers. Everybody agrees that it is good to get drunk drivers off the road, but the issue pertains to the best way to do it.
Source: king5.com, "New push to reinstate state sobriety checkpoints," Natalie Swaby, January 12, 2012.
]]>At the time, Brown was 19. He later pleaded guilty to felony assault and was sentenced to five years of labor-intensive probation and one year of domestic violence prevention classes.
]]> Though the incident didn't ruin his career-he has actually made quite a comeback in the last year-the scent of the incident still lingers in the air. But many of the singer's fans believe that Rihanna was at least partially to blame for the incident.As a recent NPR article notes, that is somewhat ironic, given the fact that Brown has come out publicly and apologized for his actions without providing any excuses. It is also somewhat alarming, as many of the young women who shift blame away from Brown are at a high-risk age for experiencing domestic abuse.
On a national scale, one in five teens report that they've experienced some form of dating violence prior to ending their teen years. If emotional abuse and cyber-stalking were included, that number would be even higher. And according to the Family Violence Prevention Fund, such violence very often starts young.
The Chris Brown abuse incident has reportedly been a source of concern for many experts on domestic and dating violence, particularly in the African American community, where certain social dynamics may make young black women more vulnerable to abuse.
Whatever happens with Chris Brown and his career, the way many young people have reacted to the abuse incident remains a cause of concern regarding prevalent ideas regarding who is to blame for domestic violence.
Source: NPR, "In Chris Brown's Big Year, Tough Questions On Abuse," Sam Sanders, January 2, 2012.
]]>For those who do not know, ignition interlock devices are machines that act as in-car Breathalyzers. Drivers are required to blow into the devices, which will detect the presence of any alcohol and prevent the car from starting if any is detected, preventing the offender from getting on the road.
]]> Ignition interlock devices have been shown to be effective in New Mexico, where they decreased the number of drunken driving deaths over the six years since the law was passed. In Arizona, which has had the law since 2007, the devices have reduced drunk-driving deaths by 46 percent. The Centers for Disease Control also supports the devices, and has found they reduce re-arrest rates by 67 percent.States diverge pretty widely on specific consequences of DUI convictions. License suspensions and jail time are pretty common, but offenders also have their vehicles seized or be required to obtain special license plates in some states.
Most states do already make use of ignition interlock devices, though not for all DUI offenders. MADD continues to campaign in hopes that state lawmakers will make the devices mandatory for all DUI offenders.
As the devices continue to grow in popularity, it is hoped that they will not only reduce drunk-driving deaths but also work toward helping offenders get the treatment they need and move on with their lives.
Source: Fox Business, "Drive Drunk if Your Car Won't," Marilyn Lewis, December 9, 2011.
]]>The group has been pushing lawmakers to adopt measures mandating the devices for all DWI offenders in the hopes of reducing injuries and deaths stemming from drunk driving accidents.
]]> Ignition interlocks, for readers who do not know, are devices that act as in-car Breathalyzers. Drivers who have them installed in their vehicle must blow into the device, which measures the amount of alcohol. If any measurable amount is detected, the vehicle will not start and the offender cannot drive.The devices have proven effective. In New Mexico, which requires ignition interlock devices for all convicted drunk drivers, there has been a 35 percent reduction in drunken driving deaths over the six years since the law was adopted. Arizona, who has had the law since 2007, has seen a 46 percent reduction in drunken driving deaths. And the Centers for Disease Control has conducted research on the devices and found that they reduce re-arrest rates by 67 percent.
Most states do already use ignition interlock devices, but MADD hopes to see them made mandatory for all DWI offenders, even first timers. At present, only 14 states require the devices for every convicted drunk driver. Passing such laws certainly provides an alternative to license suspensions, jail time, vehicle seizures, special license plates, and so on.
Source: Fox Business, "Drive Drunk if Your Car Won't," Marilyn Lewis, December 9, 2011.
Tags: DUI, drunken driving
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