11.01.09

Halloween Crackdown

Posted in Uncategorized at 10:32 am by Kimbrell & Burgar, LLC

Nightmare on DUI-Street
By Ernie Suggs

The Atlanta Journal-Constitution

Drunk drivers beware.

To get ready for the upcoming Halloween holiday celebrations, Atlanta Traffic Enforcement Officers are planning a DUI crackdown tonight for the Atlanta Metro Area. Their objective is to raise public highway safety awareness prior to Halloween and, more importantly, arrest drunk drivers.

The APD will hold an 8 p.m. press conference tonight at 180 Southside Industrial Boulevard, before launching Halloween HEAT. The initiative is dedicated to the memory of Sgt. Darrell Johnson, an 18-year APD veteran who was killed by a drunk driver on the morning of last year’s Halloween HEAT news conference.

k&b, llc

10.12.09

Ignition Interlock for First Offenders in California

Posted in Uncategorized at 5:50 pm by Kimbrell & Burgar, LLC

In the most recent Georgia legislative session, ignition interlock for first-time DUI offenders was introduced but not passed. It seems inevitable that such a requirement will eventually become law in this state. That would be unfortunate, not because it is bad idea in theory, but because the technology in these devices is poor and rarely works as intended.

California tests ignition devices for DUI drivers

Oct 11, 6:48 pm ET
SACRAMENTO, Calif. – California will test requiring that drivers convicted of drunken driving install devices that block vehicles from starting if alcohol is detected on the drivers’ breath.

The bill by Assemblyman Mike Feuer, a Democrat from Los Angeles, is among those signed into law Sunday by Gov. Arnold Schwarzenegger.

It requires installing an ignition interlock device on every vehicle owned or operated by a first-time DUI offender in four counties: Alameda, Los Angeles, Sacramento and Tulare. The law expires in 2016.

Schwarzenegger also signed a bill by Sen. Bob Huff, a Republican from Diamond Bar, that lets repeat drunken drivers apply for restricted licenses if they install ignition interlock devices on their vehicles.

09.21.09

Georgia’s Problem Moved to Florida

Posted in Uncategorized at 11:07 am by Kimbrell & Burgar, LLC

We seem to be exporting some of our more troublesome drivers to Florida. The man’s name seems to be appropriate.

Georgia man charged with driving naked in Florida
The Associated Press

Bunnell, Fla. — Authorities say a Georgia man was driving naked on the highway in Flagler County, where he repeatedly flashed a woman and her 11-year-old son.

A woman driving a tractor-trailer on Interstate 95 with her son in the cab Thursday reported that a naked man in a sport utility vehicle had been keeping pace with her and performing lewd acts. She told authorities that the man followed her for about 8 miles, but she was eventually able to get away by pulling into a weigh station.

The woman reported the man and vehicle to the Florida Highway Patrol, and troopers say the caught up with 45-year-old Mark Duffus about 20 miles to the north on the highway.

Duffus was charged with lewd and lascivious exhibition and indecent exposure. He was released Friday on $2,000 bail.

k&b, llc

09.17.09

Defendant held without bond in Wal-Mart incident

Posted in Uncategorized at 10:41 pm by Kimbrell & Burgar, LLC

This incident was the source of great controversy here in Atlanta. Please note the defendant is being held without bond and that it is unlikely this will be rectified anytime soon. Whatever your opinion on the underlying act, this should be a reminder to everyone of the broad power of law enforcement.

No bond set for accused child slapper
By Mashaun D. Simon

The Atlanta Journal-Constitution

With no bond, the man accused of slapping a stranger’s 2-year-old child in a Stone Mountain Wal-Mart remains in jail.

Arrested on Sept. 2, Stephens, 61, is charged with felony cruelty to children, according to Gwinnett County sheriff spokeswoman Stacey Bourbannais.

Roger Stephens’ court appointed lawyer, Kelley Kautz, considers this a good thing.

However, Kautz said he has not yet been formally charged. And with no bond, the district attorney has 90 days to hold Stephens’ court appearance, she said.

Although Kautz would not say what would happen should the 90-day deadline pass with no action from the district attorney, she did say she preferred Stephens not have a bond.

“It is better than having a bond, not being able to pay it, and he sit in jail for six to eight months,” she said. “Gwinnett has been known to take that long.”

Stephens was walking the aisles of the Wal-Mart on Rockbridge Road on Sept. 2, when, according to a police report, he approached the mother of the 2-year-old child and said “if you don’t shut that baby up, I will shut her up for you.”

A few moments later, in another aisle, Stephens grabbed the 2-year-old girl and slapped her across the face four or five times, police said. The victim sustained slight redness to the face.

K&B, llc

09.11.09

DUI can happen to anyone, including police officers

Posted in Uncategorized at 2:02 pm by Kimbrell & Burgar, LLC

This was big news in Atlanta:

Cop charged with DUI resigns
By Megan Matteucci

The Atlanta Journal-Constitution

A Gwinnett County officer resigned Wednesday — four days after being arrested for DUI.

James Stoudenmire, 27, resigned in lieu of being terminated, Gwinnett Police spokesman Cpl. David Schiralli said.

“Members of this police department who are involved in incidents which reflect poorly on the department, will not be tolerated,” Chief Charles Walters said in a statement. “We not only owe it to the citizens of this county, but to ourselves to set the highest standards possible in professionalism.”

Police said Stoudenmire was off-duty Saturday morning when he was involved in a traffic crash on Pleasant Hill Road near Interstate 85 after leaving Wild Bill’s.

Investigators said Stoudenmire was driving a 2006 Ford Mustang when he rear-ended a 1999 tan Mazda that was stopped at a traffic light.

Stoudenmire’s fellow officers responded to the crash and determined he was intoxicated, police said. Stoudenmire was arrested and taken to the Gwinnett jail on charges of DUI and following too close. He has since been released on a $1,557 bond.

A passenger in the Mazda was treated at the scene for a leg injury, police said.

Stoudenmire worked for Gwinnett Police for four years. He was placed on administrative leave pending an internal affairs investigation, which determined he should be terminated, police said.

K&B, llc

08.22.09

City-wide DUI Crackdown in Atlanta

Posted in Uncategorized at 5:49 pm by Kimbrell & Burgar, LLC

Please be careful these next few weeks as the Georgia State Patrol and the other metro Atlanta police agencies are conducting a crackdown on DUI cases.

Police launch metro DUI crackdown
By AJC Staff Reports

The Atlanta Journal-Constitution

Police throughout the metro Atlanta area are out in full force this weekend as part of a statewide drunk driving crackdown.

On Friday, police launched “Operation Zero Tolerance,” which runs through Labor Day.

The traffic enforcement campaign is being is being run in conjunction with the Governor’s Office of Highway Safety’s “100 Days of Summer HEAT” campaign. HEAT stands for Highway Enforcement of Aggressive Traffic.

“The sad fact is one out of three of our fatal highway crashes in Georgia each year is caused by impaired drivers,” said Bob Dallas, director of the Governor’s Office of Highway Safety. “And every one of those tragic alcohol-related deaths is completely preventable.”

During the next two weeks, officers will be issuing no warnings to impaired drivers, officials said.

“We even warn motorists what days to watch out for blue lights,” Dallas said. “We hope every driver will pay attention to our enforcement warning.”

More than 13,000 people died on Georgia’s highway in alcohol-related crashes in 2007, state officials reported.

The crackdown runs until Sept. 7.

-Reporters Mike Morris and Megan Matteucci contributed to this report.

K&B, llc

08.11.09

Interesting Statistics from NHTSA

Posted in Uncategorized at 10:11 am by Kimbrell & Burgar, LLC

The National Highway Traffic Safety Administration (NHTSA) recently published new statistics suggesting the percentage of drivers on the road with a blood alcohol concentration over .08 has been reduced from 7.5% in 1973 to 2.2% in 2007. While we are generally skeptical of any analysis presented by NHTSA, given their long history of skewing data, it is at least interesting to see the downward movement of the data.

More interesting in that same report was the assertion that 16.3% of nightime drivers are on drugs. This data includes 8.6% of drivers testing positive for marijuana, 3.9% for cocaine, and 3.9% for prescription drugs. Again, while we are skeptical of any NHTSA data, even if this is half true the numbers are shockingly high. The lesson to be learned is to be extraordinarily careful driving at night. You simply do not know the condition of the other drivers out there.

k&b,llc

07.30.09

It’s not a good idea to show up to court drunk

Posted in Uncategorized at 3:53 pm by Kimbrell & Burgar, LLC

In our profession, once in a while we are put in a position where we have to assist a client who shows up to court intoxicated or otherwise under the influence of drugs they shouldn’t be taking. Don’t assume these situations are always the result of pure stupidity (although many are), as some defendants have serious alcohol and drug dependency issues that are exceedingly difficult to control in the stressful environment of criminal litigation. We do our best to help clients manage their condition, but at the end of the day there isn’t a judge in the state who will not punish anyone who shows up to court in that condition.

The important lesson from these situations for most folks to learn is quite simple: Don’t go out drinking with your friends if you have to be in court the next morning. Everyone will know where you were.

K&B, llc

Woman shows up for DUI hearing smelling of alcohol
By DOUG NURSE

The Atlanta Journal-Constitution

Tuesday, April 07, 2009

When showing up in court on a DUI charge, it’s best not to show up with alcohol on your breath.

Lauren Nicole Smith, 28, of Milton was ordered to Municipal Court Friday on a DUI charge. It seems that on Sept. 12, Milton police found her parked in the middle of the road at Ga. 9 and Bethany Bend Road, so drunk she couldn’t figure out how to open her car door. She had a blood-alcohol level of .34. The legal limit for driving is .08.

On Friday, her trouble started upon arrival at court. She showed up on time, 10 a.m., but during a routine check for weapons at the door, Bailiff George Gordon detected a whiff of alcohol, a definite no-no.

The law says you can’t take a plea from somebody who may be intoxicated. After a short conversation with Municipal Court Judge Barry Zimmerman, His Honor issued a bench warrant citing her on the spot for contempt of court. Milton police then took her to the Alpharetta city jail to serve a two-day sentence.

Her DUI case was continued to a court date in June.

07.16.09

How much is .08?

Posted in Uncategorized at 10:00 pm by Kimbrell & Burgar, LLC

We are often asked how many drinks it takes to get to .08 g/l alcohol. There are certainly many websites that suggest a person’s BAC can be calculated based on the variables of time, amount of drinks and body weight. The truth is that studies show that there are many more variables than these involved in the calculation. Liver function, dehydration, sex, age, type of beverage, rates of absorbtion peculiar to the individual, etc., are also very relevant factors. In our experience, we’ve seen a huge degree of variability in what it took to get an individual to or over .08 BAC at any given point in time.

What does this mean? Don’t assume that because a website told you that you could drink a certain amount of beers in a specific time that you will actually be below the limit. There’s just too much variability to allow yourself to even get close, and odds are that your calculation will be wrong. It’s simply not worth it.

K&B, llc

06.20.09

It’s not always this uneventful

Posted in Uncategorized at 8:35 pm by Kimbrell & Burgar, LLC

We’ve received many comments about the recent tragedy in Florida involving NFL player Donte Stallworth. Most correctly note that a 30-day sentence for a vehicular homicide/DUI does not seem like all that much. By local standards, they are more than right. It’s not unusual to see sentences in terms of years for similar conduct. We can’t speak for the circumstances in the Stallworth case, but we can assure anyone it’s definitely not this uneventful in most cases.

K&B, llc

NFL’s Stallworth gets 30 days behind bars in pedestrian’s death

From Rich Phillips
CNN

MIAMI, Florida (CNN) — Cleveland Browns wide receiver Donte Stallworth will spend 30 days in jail for a DUI manslaughter that killed a construction worker in March under terms of a plea agreement, prosecutors said Tuesday.

The Cleveland Browns’ Donte Stallworth can continue to play football, but his driver’s license is revoked for life.

Stallworth, 28, pleaded guilty in a Florida court Tuesday to killing Mario Reyes while driving under the influence of alcohol. He began serving his sentence immediately, said Terry Chavez, spokeswoman for the Miami-Dade state attorney’s office.

With his mother, Donna Stallworth, at his side, Stallworth offered his “deepest condolences to the Reyes family.”

“Though I cannot bring back Mr. Reyes or ease his family’s pain, I can and will honor his memory by committing my time, my resources and my voice by educating this community about the dangers of drunk driving,” Stallworth said in court.

State attorney Katherine Fernandez Rundle called the judgment “just” and said that Reyes’ family supported the plea agreement. Stallworth cooperated with police and did not have a record of traffic violations or criminal convictions, she said in a news release.

“Although no sentence can ever restore Mr. Reyes to his family, the provisions of this plea will provide closure to them and appropriate punishment for Mr. Stallworth’s conduct and the effects of his actions that night,” she said.

Stallworth reached an “amicable” financial settlement with the Reyes family, his lawyer, Chris Lyons, told CNN sister network HLN. He would not disclose the amount, but said the short jail term “had nothing to do with Donte Stallworth being a celebrity, a professional football player or money.”

“Everyone today thought it was a fair and just result, including the judge,” Lyons said. Stallworth has shown “genuine remorse” and accepted responsibility for his actions, the lawyer said.

“He already had dedicated his life to serving the community outside the public eye,” he said. “He is really looking forward to the enormous responsibility that he has to go out there around the country, giving public service announcements, speaking at high schools about this tragedy, so that people can learn from this and not have it happen again.”

After his release, Stallworth faces two years of house arrest, but he can still play professional football, Chavez said.

The Cleveland Browns declined comment.

Stallworth’s plea agreement also requires that he donate $2,500 to the activist group Mothers Against Drunk Driving. He will be on probation for eight years and must submit to random drug testing and drug and alcohol counseling for the entirety of his probation, Chavez said.

His license to drive was revoked for life.

CBS4: Stallworth must also do community service
Stallworth was driving his black Bentley GT east on the MacArthur Causeway, which connects Miami to the South Beach area of Miami Beach, when he struck Reyes, according to a prosecutor’s statement. Stallworth told the arriving officer that he was the driver of the car and said, “I hit the man lying in the road,” according to a court document.

Stallworth had been at a Miami Beach club earlier and had been drinking, according to court documents. The veteran NFL player’s blood-alcohol level was 0.126, Chavez said. Florida’s legal limit is 0.08. Reyes suffered “critical head, chest and abdominal injuries” and died at a hospital, according to court documents

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