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 <title>Battle DUI Law Blog</title>
 <link>http://www.bobbattlelaw.com/blog/</link>
 <description>Bob Battle offers tough and aggressive legal representation for Virginians. With offices in both Richmond and Northern Virginia, Bob Battle is providing experienced defense counsel for DUI cases, reckless driving or speeding violations, and felony cases, including repeat DUI's, drug possession and/or drug distribution cases, manslaughter cases, murder cases, or other serious crimes. Bob also offers legal representation for those who have been injured in auto accidents, truck or tractor trailer accidents, faulty product injuries, motorcycle accidents, roller coaster or theme park accidents and slip and fall injuries. Should you or a loved one need experienced legal defense, or should you be injured in an accident that wasn't your fault, contact Bob Battle for a free case assessment today</description>
 <language>en-us</language>
 <copyright>2008 Robert E. Battle, P.C., All Rights Reserved, Reproduced with Permission</copyright>
 <docs>http://www.bobbattlelaw.com/blog/</docs>
 <lastBuildDate>Sun, 06 Jul 2008 15:37:36 EST</lastBuildDate>
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	<item>
		<title>Woman Charged With DUI After Fatal Crash That Killed Her Nephew</title>
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<![endif]-->According to Virginia State Police, on the night of June 14, a 5-year-old Eastern Shore boy died after being ejected from a car his<br />
aunt was driving. She was later charged with <span style="font-weight: bold;">drunken driving (DUI)</span>. According<br />
to Virginia State Police Sgt. Michelle Cotten, the<br />
one-vehicle crash took place at approximately 9:30 p.m.<br><br>Cotten said that on the night of the accident, 27-year-old Birdsnest<br />
resident Nikia Upshur was driving on U.S. 13 just south of Sylvan Scene Drive, when the Chrysler<br />
Sebring she was driving entered the median.<br><br>According to Cotten, the car overturned and Kioakus Lamont Upshur, Jr. was<br />
ejected from the vehicle. Cotten said he was pronounced dead at the scene and<br />
the mother was later notified.<br><br>According to Cotten, Upshur was charged with driving on a suspended license,<br />
<span style="font-weight: bold;">DUI</span>, and failure to have a child in restraints in a vehicle.<style type="text/css">@import url(/includes/dss.css);</style>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=3250</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=3250</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 28 Jun 2008 08:00:00 EST</pubDate>
	</item>
	
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		<title>Panther Receiver Dwayne Jarrett Pleads Guilty To DUI</title>
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<![endif]-->On June 23, Dwayne Jarrett, wide receiver for NFL team the Carolina<br />
Panthers, pleaded guilty to <span style="font-weight: bold;">driving under the influence</span>, minutes before his<br />
trial was scheduled to begin.<br><br>Jarrett surrendered his driver?s license and was ordered to pay $420 in<br />
court costs and perform 24 hours of community service after an appearance in<br />
the District Court of Mecklenburg County, North Carolina.<br><br>Jarrett will enter the first stage of the substance abuse policy of the NFL,<br />
which means that he will be subject to more frequent drug and alcohol testing.<br><br>On March 11, 21-year-old Jarrett was arrested in Mint Hill, a suburb of Charlotte, North<br />
  Carolina after police say he crossed the center line<br />
and ran a red light. According to the police report, he had a blood-alcohol<br />
content of .12, above the legal limit of .08.<style type="text/css">@import url(/includes/dss.css);</style>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=3249</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=3249</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 28 Jun 2008 08:00:00 EST</pubDate>
	</item>
	
	<item>
		<title>Blairs Man Arrested For Second DUI In Two Weeks After Fatal Crash</title>
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<![endif]-->According to Virginia State Police, a man from Blairs<br />
involved in a fatal accident on the night of June 19 on U.S. 29 near Danville has been charged<br />
with driving under the influence and could also face an additional charge of<br />
manslaughter.<br><br>State police say that shortly after 11 p.m. on the night of the crash, Earl Ray<br />
Eanes lost control of his 2005 Ford Ranger. The truck rolled over multiple<br />
times and 48-year-old Blairs resident Victor Samuel Jones was ejected from the<br />
vehicle. He died at the scene of the crash.<br><br>Eanes received air transport to Lynchburg<br />
  General Hospital,<br />
but was discharged.<br><br>State police say this is the second DUI charge within a<br />
two week period for Eanes.<br />
<br />
<br />
<br />
<style type="text/css">@import url(/includes/dss.css);</style>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=3248</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=3248</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 28 Jun 2008 08:00:00 EST</pubDate>
	</item>
	
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		<title>New Virginia Law Will Impose More Severe Penalties On 'Baby DUIs'</title>
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<![endif]-->A new law in Virginia will be one of the<br />
harshest in the United<br />
  States on minors caught <span style="font-weight: bold;">driving under the<br />
influence</span> of alcohol.<br><br>Drivers who are under the legal drinking age that register of a<br />
blood-alcohol content of just 0.02 (which many defense attorneys refer to as ?baby<br />
<span style="font-weight: bold;">DUI</span>?), one-fourth of the legal limit for adults, will face a mandatory license<br />
suspension of 12 months, up to 12 months in jail, and a maximum fine of $2,500.<br />
Until July 1, when the new law goes into effect, the minimum fine is $500 or 50<br />
hours of community service.<br><br>The bill was introduced by Delegate William Janis (R-Glen Allen), who says<br />
that, "Harsher penalties should go to those who choose to act recklessly."<br><br>Those in support of the new law noted that the penalties under the current<br />
law are lighter than that of mere possession of alcoholic beverages. The<br />
maximum penalty for a person under the age of 21 caught <span style="font-weight: bold;">drinking and driving</span> is<br />
currently a license suspension of six months and a fine of $500. The penalties<br />
for both will become the same when the new law elevates underage <span style="font-weight: bold;">drunken<br />
driving</span> to a Class 1 misdemeanor, as is underage possession.<br><br>Virginia will join Maryland and 12 other states which have<br />
adopted zero-tolerance policies, including license suspensions of 12 months.<br><br>Over the past five years, Virginia<br />
has seen an overall increase in alcohol-related driving accidents. In 2001,<br />
there were a total of 358 alcohol-related driving fatalities, including 54 that<br />
involved victims below the legal drinking age. Last year, there were 378<br />
alcohol-related driving fatalities with 49 that involved minors, according to<br />
the Virginia Department of Motor Vehicles.<style type="text/css">@import url(/includes/dss.css);</style>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=3247</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=3247</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 28 Jun 2008 08:00:00 EST</pubDate>
	</item>
	
	<item>
		<title>DUI website recruits lawyers to plead clients guilty</title>
		<description><![CDATA[A national DUI Directory has sent an ad to lawyers all across the country stating that if you know how to plead a client guilty, you are a "Qualified DUI Lawyer!" To see this ad and read <a href="http://www.bobbattlelaw.com/practice_areas/dui-defense-for-drive.cfm">Virginia DUI Lawyer</a> <span style="font-weight: bold;">Bob Battle's </span>comments, <a href="http://www.bobbattlelaw.com/library/The%20ad%20below%20is%20why%20Bob%20Battle%20wrote%20the%20book.pdf">click here. </a><br><br>In <span style="font-weight: bold;">Bob Battle's Consumer Guide "How to Choose a DUI Lawyer in Virginia,"</span> he "pulls back the curtain" and reveals the truth about these DUI directories. These misleading directories led Bob Battle to partner with some top-notch colleagues to create <a href="http://www.duianswer.com/">www.DUIanswer.com</a>. Unlike the directory mentioned above seeking lawyers to plead people guilty, the DUI lawyers on the DUIanswer website have all had to apply for inclusion on the website and there is only one lawyer selected per jurisdiction. To learn more about DUIanswer, click on the link above and watch the videos.<br>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=3200</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=3200</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Wed, 25 Jun 2008 08:00:00 EST</pubDate>
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	<item>
		<title>Former Virginia Tech Quarterback Marcus Vick Arrested In Norfolk For DUI</title>
		<description><![CDATA[Early on Friday, June 13, Marcus Vick, former quarterback for Virginia Tech,<br />
was arrested on charges of <span style="font-weight: bold;">driving under the influence</span> and eluding police.<br />
<br />
<p>According to police, a uniformed bicycle patrol officer noticed 24-year-old<br />
Vick and a female involved in an altercation in a car at approximately 2 a.m.<br />
The officer asked if assistance was needed before asking Vick for his driver?s<br />
license. According to police, he sped away, but was stopped after a few minutes.</p><br />
<br />
<p>Vick was given a field sobriety test, which he failed, and then charged with<br />
<span style="font-weight: bold;">DUI</span>, misdemeanor eluding police, reckless driving, driving on the wrong side of<br />
the road, and driving with a suspended license. Vick?s passenger, Miami, Florida<br />
resident Delicia Cordon, was charged with being drunk in public.</p><br />
<br />
<p>Vick was released on $1,000 bond on Friday and is scheduled for a June 16<br />
court appearance, according to Major Mike O?Toole of the Norfolk Sheriff?s<br />
Office.</p><br />
<br />
<p>After repeated brushes with the law and a record of on and off the field<br />
misbehavior, Vick was kicked off the football team at Virginia Tech. In March<br />
of 2006, he pled guilty to traffic violations in Hampton, which brought an end<br />
to his college career as he was under a ?zero tolerance? policy.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=3038</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=3038</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Fri, 13 Jun 2008 08:00:00 EST</pubDate>
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	<item>
		<title>Bob Battle Hosts and Performs in Charity Comedy Show on June 11</title>
		<description><![CDATA[<h2 style="text-align: center;" align="center"><a name="OLE_LINK3"></a><a name="OLE_LINK2"></a><a name="OLE_LINK1"><span style="font-size: 14pt; line-height: 115%; color: red;"></span></a></h2>        <p class="MsoNoSpacing"><a name="OLE_LINK3"></a><a name="OLE_LINK2"></a><a name="OLE_LINK1"><b style=""><span style="color: rgb(192, 0, 0);">Tonight  Show Regular Headlines Comedy Show at Infuzion -</span></b></span></a><br><span style=""><span style=""><b style=""><span style="color: rgb(192, 0, 0);"><span style="">June 11, 2008 @ 7:20 to benefit Stone Circle  of Friends Charity</span></span></b></span></span></p>    <p class="MsoNoSpacing"><span style=""><span style=""><span style="">(Doors open  at 6:30 for those who wish to purchase dinner/drinks. This will be a  non-smoking event.)</span></span></span></p>    <p class="MsoNoSpacing"><span style=""><span style=""><b><span style="font-size: 10pt;" arial="" ,="" sans-serif="" ;="" color:="" black;="">Infuzion </span></b></span></span><span style=""><span style=""><span style=""><span style="font-size: 10pt;" arial="" ,="" sans-serif="" ;="" color:="" black;="">1401 Roseneath Road, <b>Richmond</b>, VA 23230</span></span></span></span></p>    <p class="MsoNoSpacing"><span style=""><span style=""><span style=""><b style="">BobBattleLaw.com ?Fun Raisers?</b> and <b style="">Stone Circle of Friends</b> charity are  honored to present the summer?s hottest comedy show at Richmond?s coolest new  club (literally). The show stars <span style="font-weight: bold;">Tonight Show regular Brett Leake</span> and <span style="font-weight: bold;">America's Funniest Trial Lawyer Bob Battle.</span>&nbsp; <b style="">Infuzion</b> features  the first Ice Lounge in America. The fully enclosed area adjacent to the main  room features a bar and tables carved completely from ice and will be open  before and after the show! Special thanks to Infuzion which is giving us the  room for free and letting us keep 100% of the ticket price! Please support them  by planning to purchase dinner and/or ?a few cold ones? at the club on June 11.  Thanks to our comics for donating their extremely valuable services for free. </span></span></span></p>    <p class="MsoNoSpacing"><span style=""><span style=""><span style="">Tickets are  available at the charity?s website at </span></span></span><span style=""><span style=""></span></span><a href="http://rs6.net/tn.jsp?e=001VxL_HDGJRBN-qfX2lEB1UcLD9C3pl1S7jf3Ge3anBkuuHvrJ34gFO3R5bsVFl6a0ij9yut2d3RhG-sioTxQbOblg2TagPBe0gQwvc13D08ef55sS2j8ko3CbejylND4r" target="_blank"><span style=""><span style=""><span style=""><b><span style="" trebuchet="" ms="" ,="" sans-serif="" ;="">www.StoneCircleofFriends.com</span></b></span></span></span><span style=""><span style=""><span style=""></span></span></span></a><span style=""><span style=""><span style=""><b><span style="" trebuchet="" ms="" ,="" sans-serif="" ;="" color:="" rgb(8,="" 54,="" 67);=""> </span></b><span style="color: rgb(8, 54, 67);">for<b> $50/apiece.</b></span></span></span></span></p>    <p><span style=""><span style=""><span style=""><b><span style="color: rgb(18, 18, 250);">The  Stone Circle of Friends is a charity founded by Todd and Edibell Stone to raise  money for research for finding a cure for Myotonic Muscular Dystrophy. The  Stone?s boys, Nicholas (10) and Elliott (8) were diagnosed with this disease  and the leading researcher in the country is at the University of Virginia. To  learn more about the Stone brothers, please watch the moving video put together  by Todd at their website listed above. </span></b></span></span></span></p>    <p><span style=""><span style=""><span style=""><b><span style="background: yellow none repeat scroll 0% 50%; color: rgb(18, 18, 250); -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;">2 Tickets to the event will fund an  hour of research and, for these 2 boys, every hour matters.</span><span style="color: rgb(18, 18, 250);"></span></b></span></span></span></p>    <p class="MsoNoSpacing"><span style=""><span style=""><span style=""><b style="">*Law Firms- this is the perfect summer  associate or firm outing.</b></span></span></span></p>    <p class="MsoNoSpacing"><span style=""><span style=""><span style=""><b style="">Contact Edibell Stone at 804-467-9998 or  Bob Battle at 804-673-5600 for more information on Sponsorship opportunities.</b></span></span></span></p>    <p class="MsoNoSpacing"><span style=""><span style=""><b style="">&nbsp;For full details about show, <a href="http://www.bobbattlelaw.com/library/Stone%20Circle%20of%20Friends%20Show%20wo%20copydoodles.pdf">click here</a>.<br></b></span></span></p><span style=""><span style=""><br><br />
<br />
</span>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2903</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2903</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Tue, 03 Jun 2008 08:00:00 EST</pubDate>
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		<title>Virginia Teen Receives 30 Days For Fatal DUI Crash</title>
		<description><![CDATA[A 17-year-old girl from Fairfax<br />
 County has been sentenced<br />
to 30 days in a juvenile detention center and 500 hours of community service<br />
after she pleaded guilty to a drunken-driving (DUI) crash that resulted in the<br />
death of a Leesburg woman.<br />
<br />
<p>The most punitive part of the sentence, calling for the teen to be detained<br />
until she turns 21 in September 2011, was suspended by Loudoun County<br />
juvenile court Judge Pamela Brooks. She also ordered the girl?s driver?s<br />
license be revoked and that she get a job to repay $5,000 in funeral expenses<br />
for the family of the victim.</p><br />
<br />
<p>On the night of September 20, 59-year-old Kathleen Becker died instantly<br />
after a head-on collision between her van and the teen?s sports-utility<br />
vehicle. According to the authorities, the girl had been ?binge drinking?<br />
before and during a football game at Westfield<br />
 High School, where she<br />
was a senior. Her blood-alcohol level registered 0.17, over twice the legal<br />
limit for adults.</p><br />
<br />
<p>The girl?s name was not released because she is a minor.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2870</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2870</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sun, 01 Jun 2008 08:00:00 EST</pubDate>
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		<title>Virginia Woman Dies After DUI Crash</title>
		<description><![CDATA[According to police, a man from Staunton has been charged with <span style="font-weight: bold;">driving under  the influence</span> after causing a three-car crash. Forty-year-old Grottoes resident  Cheryl Lynn Sheaves was seriously injured in the May 23 crash and later died.<br><p>Sheaves received air transport to the University of Virginia Medical Center  after the wreck which took place shortly before 7:30 a.m. According to Sgt.  David Cooper of the Virginia State Police, she died of her injuries the  following day.<br style="">  <!--[endif]--></p>        <p>According to Virginia State Police Sgt. Frank Pyanoe,  21-year-old Jeremy Rasnake was driving his 1988 Ford Bronco north on Route 340  when he apparently dozed off, causing his vehicle to cross the center line and  hit the 1998 Ford Thunderbird driven by Sheave head-on. Forty-four-year-old  Carl Simmons was driving south in a 1999 Ford Escort. Pyanoe said he swerved  off the right side of the road to try and avoid the wreckage, but struck a tree  and rear-ended the Thunderbird.<br><br>  According to a nurse, Rasnake and Simmons both received transport to Augusta Medical Center  and were treated and released.</p>        <p>Pyanoe said that police on the scene did not initially know  alcohol was a factor, but it was later determined by a state trooper who  interviewed Rasnake at the hospital. Pyanoe said Rasnake was charged with <span style="font-weight: bold;">DUI</span>,  driving with a suspended license, and driving without a seatbelt.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2869</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2869</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sun, 01 Jun 2008 08:00:00 EST</pubDate>
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		<title>Two Bystanders Killed In Richmond DUI Crash</title>
		<description><![CDATA[As a result of a crash on Saturday, May 24 in South<br />
 Richmond, two people are dead and a 28-year-old man has been<br />
arrested on charges of <span style="font-weight: bold;">driving under the influence</span> and felony manslaughter.<br />
<br />
<p>According to the authorities, shortly after 11:00 p.m. on Saturday, an<br />
eastbound truck ran off Snead Road<br />
and struck a parked vehicle. The impact caused the car to spin around and<br />
strike two people who were standing beside it.</p><br />
<br />
<p>According to police, the truck?s driver, Carmen Alejandro Garcia-Hernandez,<br />
made an attempt to leave the scene on foot. However, he was stalled by<br />
witnesses until police could arrive.</p><br />
<br />
<p>According to police, 40-year-old Joseph Owens and 44-year-old Catherine<br />
Jones were taken to VCU Medical Center, but were pronounced dead there shortly<br />
after 1:00 a.m.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2868</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2868</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sun, 01 Jun 2008 08:00:00 EST</pubDate>
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		<title>Breathalyzer Used On NY Congressman Arrested For DUI In Virginia Reportedly Problematic</title>
		<description><![CDATA[New York Congressman Vito Fossella may challenge his <span style="font-weight: bold;">DUI</span><br />
charge, after questions have been raised concerning the accuracy of the<br />
breathalyzer used to test him.<br />
<br />
<br />
<br />
<p>When Fossella was arrested in Virginia for <span style="font-weight: bold;">drunk driving</span> earlier in May, police<br />
reported his blood-alcohol content to be more than twice the legal limit of the<br />
state. Now, the accuracy of the machine used to test his blood-alcohol level<br />
could be a critical part of his case against the charge.<br><br />
<br><br />
According to <i style="">The Daily News</i>, Fossella?s<br />
attorneys are building a defense around problems with the specific model of<br />
breathalyzer used.<br><br />
<br><br />
The paper reported that on two different machines that night, Fossella?s<br />
blood-alcohol level registered different levels. His blood-alcohol content<br />
registered at a higher level on the second machine.<br><br />
<br><br />
Reportedly, the Congressman?s legal team has subpoenaed files from the maker of<br />
the breathalyzer in order to highlight a pattern of problems. One file that<br />
will aid their argument is a Virginia<br />
government report from last year which called the machines ?unstable and<br />
unreliable.?</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2845</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2845</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Thu, 29 May 2008 08:00:00 EST</pubDate>
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		<title>Tucson, Arizona Judge Tosses Out Breath Tests In 49 DUI Cases</title>
		<description><![CDATA[Alcohol breath tests in 49 <a href="http://en.wikipedia.org/wiki/DUI">driving under the influence</a> cases have been tossed out by a judge in Tucson, Arizona according to the <a href="http://www.duiblog.com/2008/05/20/judge-throws-out-49-breath-tests/">DUIBlog.com&nbsp; </a>A defense attorney for some defendants in Arizona&nbsp; says the ruling could have widespread implications. The ruling could also have widespread implications in Virginia, which uses an older model of the Intoxilyzer machine used in Arizona.&nbsp;  <p>According to the ruling by City Court Judge Thomas Berning, the breath tests are inadmissable due to the manufacturer of the machine not making the inner workings available to the defense. The company, CMI Inc. of Kentucky, has refused to reveal its source codes in any state. They are even being sued by the State of Minnesota for breach of contract for refusing to reveal the source code in that state even when ordered to do so by a judge! <br></p><p><a href="http://www.alcoholtest.com/intox5000.htm">The Intoxilyzer 5000 breath machines</a> used in Virginia are all 10 to 12 years old and CMI even has a weaker argument in Virginia for not revealing the "trade secrets" of their source code since the machine is no longer being manufactured and Virgnia has awarded its next contract for breath machines to a different company. The question that should be asked for anyone with a pending DUI in Virginia is what does the company have to hide? In New Jersey, a different manufacturer of a different breath machine complied with the Courts request to reveal its source code and defense software and other technical experts found that the software did not meet government standards. Thus, in New Jersey, the source code was found to be not even "close enough for government work!"<br></p>  <p>According to James Nesci, a defense attorney for one of the cases, 50 to 70 pending cases were awaiting the ruling from Berning. The cases aren't entirely dismissed by the ruling, only the breath tests.</p><p>According to the <span style="font-style: italic;">Tuscon Citizen</span>, every alcohol breath test conducted in Arizona since December 1, 2006, which the Intoxilizer 8000 machine made by CMI was adopted by the state, could be potentially be affected.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2748</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2748</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Wed, 21 May 2008 08:00:00 EST</pubDate>
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		<title>Chicago Running Back Cedric Benson Charged With &quot;Boating Under The Influence&quot;</title>
		<description><![CDATA[Cedric Benson, running back for the NFL's Chicago Bears was recently charged with <span style="font-weight: bold;">driving under the influence</span>...on a boat. He failed a sobriety test on the 30-foot baot and then had to be subdued with pepper spray and dragged ashore by officers after resisting arrest.<p>According to Travis County, Illinois Sheriff's Department spokesman Roger Wade, as a result of the May 3 incident, Benson will face charges of boating while intoxicated and resisting arrest. Both charges are class B misdemeanors punishable by up to six months in prison and a $2,000 fine.</p><p>While operating the boat with 15 passengers on board, Benson was stopped for a random inspection by a Lower Colorado River Authority officer. According to the authority, he failed the sobriety test and was uncooperative when the officer attempted to bring him ashore.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2747</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2747</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Wed, 21 May 2008 08:00:00 EST</pubDate>
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		<title>Rocker Scott Weiland Pleads No Contest To DUI</title>
		<description><![CDATA[Scott Weiland, lead singer for rock band Stone Temple Pilots, recently pled no contest to a misdemeanor drunken <span style="font-weight: bold;">driving (DUI)</span> charge and received an eight day prison sentence.<br><br>Weiland's plea was entered through his attorney in a Superior Court in Los Angeles, California on April 28. In addition to the prison sentence, he was also sentenced to four years probation and ordered to take part in an 18-month alcohol program.<br><br>On November 21, Weiland was arrested on a freeway off-ramp in San Fernando Valley, California.<br><br>Forty-year-old Weiland has had many substance abuse problems during his career. This is the second time he as been convicted of <span style="font-weight: bold;">DUI</span>.]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2746</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2746</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Tue, 20 May 2008 08:00:00 EST</pubDate>
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		<title>Tennessee Attorney General Nixes Amendment to Ban Advertising by DUI Defense Attorneys</title>
		<description><![CDATA[<P><FONT face="Times New Roman" size=3><STRONG>DUI defense attorneys</STRONG> in Tennessee no longer need to worry whether they can advertise their services, thanks to an opinion by the state?s <A href="http://politics.nashvillepost.com/2008/05/01/kuritas-dui-lawyer-advertising-ban-comes-less-than-constitutionally-correct/">attorney general, Robert Cooper.</A></FONT></P><br />
<P><FONT face="Times New Roman" size=3>Cooper?s opinion shelved <A href="http://en.wikipedia.org/wiki/Rosalind_Kurita">Sen. Rosalind Kurita?s</A> amendment, which sought to stop <STRONG>DUI defense attorneys</STRONG> from advertising their expertise.</FONT></P><br />
<P><FONT face="Times New Roman" size=3>The attorney general?s opinion ? reported by the <A href="http://www.nashvillepost.com/">Nashville Post</A> ? stated, ?The <A href="http://www.tsc.state.tn.us/">Tennessee Supreme Court</A> has the inherent constitutional authority to regulate the courts and the attorneys who practice before them. Sen. Kurita?s amendment improperly attempts to exercise powers properly belonging to the Supreme Court.?</FONT></P><br />
<P><FONT face="Times New Roman" size=3>Cooper felt Kurita?s amendment challenged the <A href="http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution">First Amendment</A> right of any <STRONG>DUI defense attorney </STRONG>who wanted to advertise his or her services. In part, his opinion stated, ?<STRONG>DUI defendants</STRONG> have a substantial interest in learning as much as possible about the attorneys who will represent them.?</FONT></P><br />
<P><FONT face="Times New Roman" size=3>In response to the attorney general?s action, Kurita said simply, ?I?ll have to find another way to curtail drunk driving.? In an August primary, she will oppose Tim Barnes, an attorney whose practice includes <STRONG>DUI defense</STRONG>.</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 11.25pt"><FONT face="Times New Roman" size=3>In drafting her amendment, Kurita maintained the <A href="http://www.tba.org/">Tennessee Bar Association</A> (TBA) does not officially certify expertise in <STRONG>DUI defense</STRONG>, so lawyers shouldn't be able to bill themselves as experts, according to the <A href="http://www.tennessean.com/apps/pbcs.dll/frontpage">Tennessean Newspaper.</A></FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 11.25pt"><FONT size=3><FONT face="Times New Roman">"The issue is misrepresenting that there is such as thing as specializing in <STRONG>DUI defense</STRONG>," she had said. ?Prosecutors have a hard enough time convicting drunken drivers without lawyers advertising their expertise in the field and offering discounts to <STRONG>DUI defendants</STRONG>.<SPAN style="COLOR: #333333; mso-ansi-language: EN"> <SPAN lang=EN>Is this morally what we want, to allow people to have advertisements that say, ?let me get you off your <STRONG>drunk-driving</STRONG> charge?? I mean it?s like we?re saying that it?s OK.?</SPAN></SPAN></FONT></FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 11.25pt"><FONT face="Times New Roman" size=3>From the start, <A href="http://www.tnsenatedems.com/">Senate Democratic Leader Jim Kyle</A> argued Kurita's proposal would violate </FONT><A href="http://www.tennessean.com/apps/pbcs.dll/article?AID=/20080423/NEWS0201/804230432##" target=_blank><SPAN style="COLOR: #333333; TEXT-DECORATION: none; text-underline: none"><FONT face="Times New Roman" size=3>commercial</FONT></SPAN></A><FONT face="Times New Roman" size=3> free speech.</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 11.25pt"><FONT face="Times New Roman" size=3>"What is so un-American about someone charged with a crime to be able to find an attorney who can represent them?" he told the Tennessean. "Is there any basis that we can constitutionally tell someone they can't advertise what they're doing, if what they're doing is legal?"</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 11.25pt"><FONT face="Times New Roman" size=3>The Memphis attorney went on to say if lawyers abide by the ethical standards of the TBA, they should have the right to advertise their profession.</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 11.25pt"><FONT face="Times New Roman" size=3>However, Kurita maintained the TBA does not ?officially certify expertise in <STRONG>DUI defense,</STRONG> so lawyers shouldn't be able to bill themselves as experts.? She told the Tennessean, "The issue is misrepresenting there is such as thing as specializing in <STRONG>DUI defense</STRONG>."</FONT></P>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2647</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2647</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Fri, 09 May 2008 08:00:00 EST</pubDate>
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		<title>Wythe County Virginia Judge Charged with Hit and Run one month after DUI Arrest</title>
		<description><![CDATA[<pre><font face="Times New Roman" size="3">In ?this? venue, a policeman presided while a judge took orders.</font></pre>  <pre><font face="Times New Roman" size="3">On March 1, 2008,&nbsp; in Smyth County outside Roanoke, <a href="http://www.everythingnrv.com/content/view/93743/360/">Wythe County Juvenile Court Judge Michael K. Blankenship </a>was stopped on Interstate 81 and charged with <strong>driving under the influence.</strong> On May 20, the judge is headed to the courthouse but this time, to <strong>traffic court,</strong> reports the <a href="http://www.swvatoday.com/front_page/sve">Wytheville Enterprise</a>.</font></pre>  <pre><font face="Times New Roman" size="3">Blankenship is charged with two misdemeanors ? <strong>DUI</strong> and <span style="font-weight: bold;">Refusal&nbsp; to submit to a</span> <strong>Breath/Blood</strong> test according to <a href="http://www.vsp.state.va.us/http://www.vsp.state.va.us/">Virginia State Police</a> (VSP). </font></pre>  <pre><font face="Times New Roman" size="3">And there is more trouble for 43-year-old judge.</font></pre>    <p>Last weekend in Powhatan,  Virginia, Blankenship received a traffic citation for failing to report an  accident. VSP claim eyewitnesses saw Blankenship run off the road, hit a  telephone box, proceed to drive over an embankment and then hit a  tree.&nbsp;VSP have not determined if alcohol factored in that incident,  reported the <a href="http://www.roanoke.com/wb/xp-index"><span style="color: blue;">Roanoke Times.</span></a></p>    <pre></pre><pre><a href="http://www.roanoke.com/wb/xp-index"><span style="color: blue;"></span></a></span><span style="font-size: 10pt;" courier="" new="" ;=""></pre>        <pre>&nbsp;<font face="Times New Roman" size="3">In the I-81 <strong>DUI</strong> arrest, VSP trooper R.D. Collins stopped Blankenship?s Subaru after receiving a tip from Washington County police that a vehicle?s driver might be impaired.&nbsp; Collins observed Blankenship driving erratically before pulling the judge over and requesting a <strong>breath test,</strong> reports the <a href="http://www.nbcuni.com/NBC_Universal_Television_Group/">NBC television</a> affiliate in Roanoke, WSLS.</font></pre>  <pre><font face="Times New Roman" size="3">Blankenship was appointed to the 27<sup>th</sup> Judicial District as a juvenile and domestic relations court judge in the summer of 2005 by the <a href="http://legis.state.va.us/">Virginia General Assembly</a>. That district covers Wythe, Bland, Montgomery, Floyd, Giles, Pulaski, Carroll and Grayson counties and the cities of Radford and Galax.</font></pre>  <pre><font face="Times New Roman" size="3">Before his appointment to the bench, Blankenship served six years as Wythe County?s commonwealth?s attorney and before that, he was an assistant prosecutor in Smyth County. </font></pre>  <pre><a href="http://www.wsls.com/sls/news/local/new_river_valley/article/judge_charged_with_dui/6724/"><font color="#800080" face="Times New Roman" size="3">http://www.wsls.com/sls/news/local/new_river_valley/article/judge_charged_with_dui/6724/</font></a></pre><br>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2642</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2642</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Fri, 09 May 2008 08:00:00 EST</pubDate>
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		<title>N.Y. Congressman Charged with DUI in Alexandria Virginia</title>
		<description><![CDATA[<p style="margin: 0in 0in 0pt; line-height: 12pt;"><b><span style="color: black;"><font face="Times New Roman" size="3">&nbsp;</font></span></b></p>  <p style="margin: 0in 0in 0pt; line-height: 12pt;"><font size="3"><font face="Times New Roman"><span style="color: black;">Staten Island</span><span style="color: black;">, N.Y. congressman <a href="http://www.house.gov/fossella/">Vito J. Fossella</a> was arrested in <a href="http://alexandriava.gov/">Alexandria VA</a>&nbsp; and charged with <a href="http://en.wikipedia.org/wiki/Driving_under_the_influence">DUI</a> by <a href="http://www.alexandriava.gov/police/">Alexandria, Va. police</a> on the George Washington Memorial Parkway&nbsp; according to <a href="http://www.nbc4.com/index.html">NBC4.com.</a></span></font></font></p><span style="color: rgb(54, 54, 54);"><font size="3"><font face="Times New Roman">Fossella has a May 12 arraignment date in <a href="http://www.courts.state.va.us/courts/gd/Alexandria/home.html">Alexandria General District Court</a>.</font></font></span><p style="background: white none repeat scroll 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;"><span style="color: rgb(54, 54, 54);"><font size="3"><font face="Times New Roman">The <a href="http://www.nydailynews.com/">New York Daily News</a> said Fossella called it "an error in judgment."</font></font></span></p>  <p style="background: white none repeat scroll 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;"><span style="color: rgb(54, 54, 54);"><font size="3"><font face="Times New Roman">The Republican congressman said in a statement: "As a parent, I know that taking even one drink of alcohol before getting behind the wheel of a car is wrong, I apologize to my family and the constituents of&nbsp;<a href="http://en.wikipedia.org/wiki/New_York%27s_13th_congressional_district">New York's&nbsp;13th Congressional District</a> for embarrassing them, as well as myself."</font></font></span></p>  <p style="background: white none repeat scroll 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;"><span style="color: rgb(54, 54, 54);"><font face="Times New Roman" size="3">Fossella, 43, was arrested between midnight and 2 a.m., said Alexandria Police spokesman Lt. Ray Hazel.</font></span><span style="font-size: 9pt; color: rgb(54, 54, 54); font-family: Arial;"> </span><span style="color: rgb(54, 54, 54);"><font size="3"><font face="Times New Roman">Fossella was charged with driving while intoxicated as a first offense, which under Virginia law requires a blood-alcohol level of 0.08% or higher, Hazel said</font></font></span></p>  <p style="background: white none repeat scroll 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;"><span style="color: rgb(54, 54, 54);"><font size="3"><font face="Times New Roman">Back home, Democrat Steve Harrison, who is trying to unseat Fossella in the 13<sup>th</sup> District, said his foe should "seriously consider leaving Congress."</font></font></span></p>  <p style="background: white none repeat scroll 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;"><span style="color: rgb(54, 54, 54);"><font size="3"><font face="Times New Roman">Said Harrison to the Daily News, "It's not an 'embarrassment,' it's a crime. He didn't admit anything. What the error in judgment is, he doesn't say," Harrison said.</font></font></span></p>  <p style="background: white none repeat scroll 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;"><span style="color: rgb(54, 54, 54);"><font face="Times New Roman" size="3">Fossella - elected in November 1997 - is a member of the <a href="http://energycommerce.house.gov/">House Committee on Energy and Commerce.</a> </font><font face="Times New Roman" size="3">He is a former city councilman. His district includes all of Staten Island and the&nbsp;<a href="http://en.wikipedia.org/wiki/Brooklyn">Brooklyn</a></font><font face="Times New Roman" size="3"><a href="http://en.wikipedia.org/wiki/Brooklyn"> </a>neighborhoods of&nbsp;Bay Ridge,</font><font face="Times New Roman" size="3"> Dyker Heights</font><font face="Times New Roman" size="3">,&nbsp;Bensonhurst</font><font face="Times New Roman" size="3"> and Gravesend</font><font size="3"><font face="Times New Roman">, according to the Daily News. <br></font></font></span></p>  <p style="background: white none repeat scroll 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;"><span style="color: rgb(54, 54, 54);"><font face="Times New Roman" size="3">&nbsp;</font></span></p>  <p style="background: white none repeat scroll 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;"><span style="color: rgb(54, 54, 54);"><font face="Times New Roman" size="3">&nbsp;</font></span></p>  <p style="background: white none repeat scroll 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;"><span style="color: rgb(54, 54, 54);"><font face="Times New Roman" size="3">&nbsp;</font></span></p>  <p style="background: white none repeat scroll 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;"><span style="color: rgb(54, 54, 54);"><font face="Times New Roman" size="3">&nbsp;</font></span></p>  <p style="margin: 0in 0in 0pt; line-height: 12pt;"><b><span style="color: black;"><font face="Times New Roman" size="3">&nbsp;</font></span></b></p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2571</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2571</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 03 May 2008 08:00:00 EST</pubDate>
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		<title>Many U.S. Drivers Admit to Driving Under the Influence</title>
		<description><![CDATA[<P><FONT face="Times New Roman" size=3>An April 2008&nbsp;report by the <A href="http://www.samhsa.gov/">Substance Abuse and Mental Health Services Administration</A> (SAMHSA) reveals that a quarter of all drivers in certain states admitted to driving under the influence last year. The report also found 15.1 percent of the nation?s drivers age 18 and older drove under the influence at least one time in 2007.</FONT></P><br />
<P><FONT face="Times New Roman" size=3>Nationwide, an estimated 30.5 million people age 12 or older drove under the influence of alcohol at least once last year according to SAMHSA.</FONT></P><br />
<P><FONT size=3><FONT face="Times New Roman">Wisconsin ranked first in the nation at 26.4%, followed by North Dakota (24.9%) and Minnesota (23.5%). Utah ranked the lowest at 9.5% and it<SPAN style="COLOR: black"> was the lone state where fewer than 10 percent of adult drivers said they had driven under the influence. Many Utah residents are Mormon, which forbids the use of alcohol.</SPAN></FONT></FONT></P><br />
<P><FONT size=3><FONT face="Times New Roman">Virginia ranked 36<SUP>th</SUP> with 13.6% while neighboring states were even lower: North Carolina ranked 48<SUP>th</SUP> (10.4%) and West Virginia, 49<SUP>th</SUP> (10.1%). But the District of Columbia ranked 10<SUP>th</SUP> at 19.1%.</FONT></FONT></P><br />
<P><FONT face="Times New Roman" size=3>The <A href="http://www.nhtsa.dot.gov/">National Highway Traffic Safety Administration</A> (NHTSA) reported 16,700 deaths in 2004 were caused by accidents involving motorists who had consumed alcohol.&nbsp;The NHTSA said driving under the influence of alcohol and illicit drugs is one of the leading sources of preventable-death-by-injury in the nation. </FONT></P><br />
<P><FONT size=3><FONT face="Times New Roman">Over the last decade however, <SPAN style="COLOR: black">impaired drivers involved in alcohol-related crashes has remained the same -- from 12,348 in 1996 to 12,491 in 2006. These statistics from the<A href="http://www.dot.gov/"> U.S. Department of Transportation</A> involves drivers with a blood-alcohol concentration (BAC) level of 0.08 percent or higher.</SPAN></FONT></FONT></P><br />
<P><FONT face="Times New Roman" size=3>?This report highlights the enormous public health risk posed by this problem ? one threatening the lives of many Americans every day,? SAMHSA Administrator Terry Cline, Ph.D., said.&nbsp; ?By highlighting the scope and nature of this problem in each state, we can help communities best use their efforts and resources to address this preventable menace.? </FONT></P>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2465</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2465</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Wed, 23 Apr 2008 08:00:00 EST</pubDate>
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		<title>Sandra Bullock's Rented SUV Totaled by Drunk Driver</title>
		<description><![CDATA[<P class=MsoNormal style="MARGIN: 0in 0in 0pt; LINE-HEIGHT: 12pt"><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">Actress <A href="http://www.askmen.com/women/actress/14_sandra_bullock.html">Sandra Bullock</A> and her husband, Jesse James avoided injury Friday night in Gloucester, Mass. when a drunk driver slammed head on into their chauffer-driven sport utility vehicle, the <A href="http://www.ap.org/">Associated Press</A> reported.</FONT></FONT></SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt; LINE-HEIGHT: 12pt"><SPAN style="COLOR: black"><FONT face="Times New Roman" size=3></FONT></SPAN>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt; LINE-HEIGHT: 12pt"><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">Lucile Gatchell, 64 of Gloucester was charged with operating a vehicle under the influence of alcohol and failing to stay in a marked traffic lane, said the <A href="http://www.boston.com/bostonglobe/">Boston Globe</A>. A witness driving behind Gatchell saw her vehicle swerving and was dialing 9-1-1 when the vehicle crossed into the path of Bullock?s vehicle on East Main Street.</FONT></FONT></SPAN></P><br />
<P><FONT size=3><FONT face="Times New Roman"><SPAN style="COLOR: black">Gloucester Police Lt. Jerry Cook said both vehicles were traveling 15-20 mph at the time of the collision and were totaled.</SPAN> Cook said Gatchell tested .20 on an alcohol breath test, two and a half times the state legal limit. Gatchell had no previous criminal record, according to Cook.</FONT></FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt; LINE-HEIGHT: 12pt"><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">Bullock and James were being driven by Mark Hussey, of Londonderry, N.H.. Hussey tried to avoid the oncoming vehicle but could not turn out of the way, reported WCVB-TV in Boston.</FONT></FONT></SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt; LINE-HEIGHT: 12pt"><SPAN style="COLOR: black"><FONT face="Times New Roman" size=3></FONT></SPAN>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt; LINE-HEIGHT: 12pt"><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">There were no injuries. </FONT></FONT></SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="COLOR: black"><FONT face="Times New Roman" size=3></FONT></SPAN>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><SPAN style="COLOR: black"><FONT size=3><FONT face="Times New Roman">Bullock was filming a movie in the area. She stars in the romantic-comedy "<A href="http://www.google.com/search?sourceid=navclient&amp;aq=t&amp;ie=UTF-8&amp;rlz=1T4GZHY_enUS230US232&amp;q=The+proposal">The Proposal,"</A> which also stars Ryan Reynolds, <A href="http://en.wikipedia.org/wiki/Mary_Steenburgen">Mary Steenburgen</A> and Craig T. Nelson, in Rockport, Mass.</FONT></FONT></SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2434</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2434</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 19 Apr 2008 08:00:00 EST</pubDate>
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		<title>NBA Star Carmelo Anthony Arrested for Suspected DUI</title>
		<description><![CDATA[On April 14, NBA All-Star Carmelo Anthony was arrested on suspicion of <span style="font-weight: bold;">driving under the influence</span>. According to police, the Denver Nuggets forward was arrested after being pulled over for weaving and failing to dim his lights. <br />
<br />
<p>According to Detective Sharon Hahn, Anthony failed to pass a series of sobriety tests and was subsequently charged with <span style="font-weight: bold;">DUI</span>. Hahn said he was taken to police headquarters and released to a "sober responsible party."</p>According to Anthony's attorney, he consented to a blood test, but the results will be unavailable for about two weeks.<p>Anthony played his worst game of the season on the night of the arrest, being held to 11 points on 3-of-14 shooting against a Houston Rockets team that was without defensive specialist Shane Battier.</p>Last season, Anthony took part in a brawl at New York's Madison Square Garden, punching New York Knicks player Mardy Collins and receiving a 15-game suspension.<br />
<br />
<p>In February, Anthony was pulled over in Colorado for driving 25 mph over the posted speed limit.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2429</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2429</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 19 Apr 2008 08:00:00 EST</pubDate>
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		<title>Seven-Year-Old Left Brain Dead By DUI Crash</title>
		<description><![CDATA[After being struck by a vehicle on April 13, 7-year-old Selma, North Carolina native Marcus Lassiter lay brain dead in the hospital the following evening.<p>According to Sgt. K.D. Bell of the Johnston County office for the N.C. Highway Patrol, a man who told them his name was Pollo Hernandez Rodriguez has been charged with felony hit and run, felony assault, <span style="font-weight: bold;">driving under the influence</span>, possession of a stolen vehicle, driving without a license, speeding, and <span style="font-weight: bold;">reckless driving</span>. According to Bell, the man is currently imprisons in Johnston County jail with bail set at $1 million. He said that investigators are attempting to verifying his identity. The first name he gave police translates to "Chicken." His citizenship status is also in question.</p><p>According to Bell, shortly after 6 p.m. on the day of the crash, a vehicle lost control in a curve on a two-lane road north of Four Oaks, N.C. According to an eyewitness, the vehicle ran onto the shoulder and struck Lassiter, who was standing on the roadside. The vehicle then reentered the roadway and veered right again, crashing into a ditch.</p><p>According to investigators, the man was driving 25 mph above the speed limit. Bell said that the 1995 Chevrolet Camaro the man was driving had been stolen.</p><p>After crashing into the ditch, the driver exited his vehicle and ran into the woods nearby.</p><p>State troopers and Johnston County Sheriff's deputies set a perimeter up around the woods and arrested the man when he came out, according to Bell.</p><p>According to Bell, Rodriguez's blood-alcohol level was 0.21, over twice the legal limit of 0.08. </p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2428</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2428</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 19 Apr 2008 08:00:00 EST</pubDate>
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		<title>Former O.C. Star Mischa Barton Pleads No Contest to DUI</title>
		<description><![CDATA[Mischa Barton, former star of popular TV show "The O.C.," has entered a plea of no contest to <span style="font-weight: bold;">drunken driving (DUI)</span> following a December arrest in West Hollywood, California. Barton was absent from the courtroom in Beverly Hills on April 10 as her attorneyr entered the pleas of no-contest on her behalf for charges of <span style="font-weight: bold;">driving under the influence</span> and driving without a license.<br><br>On December 27, sheriff's deputies spotted the 22-year-old actress straddling lanes with her vehicle and failing to use her turn signal, eventually leading to the arrest.<br><br>According to her attorney, Barton assumes full responsibility for her actions and will be required to pay a fine, serve three years' probation, and attend an alcohol education program.]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2427</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2427</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 19 Apr 2008 08:00:00 EST</pubDate>
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		<title>Henrico County driver arrested for DUI exiting Exxon car wash</title>
		<description><![CDATA[&nbsp;A clerk at <a href="http://www.co.henrico.va.us/">a Henrico County Virginia</a> Exxon Station tipped off <a href="http://www.co.henrico.va.us/police/">Henrico County Police</a> that a customer appeared to be intoxicated. The clerk observed the man stumble in and out of the store <font><font color="#000000" size="2">at the Exxon on Staples Mill and Glenside. The clerk noticed that their were 2 children in the car and called 911.<br>The customer had ordered a car wash at the Exxon and the police were waiting for him as he exited.&nbsp; It may be the first known DUI&nbsp; arrest where the&nbsp; basis&nbsp; of the stop&nbsp; was&nbsp; weaving&nbsp; within&nbsp; the&nbsp; drive&nbsp; through&nbsp; car&nbsp; wash&nbsp; lane.&nbsp; The driver was charged with a second DUI within 5 years.<br>If convicted, <a href="http://www.duianswer.com/library/virginia-dui-law.cfm">Virginia DUI Law</a> requires that a 2nd DUI in 5 years carries a mandatory minimum 20 day jail sentence and DUI with a passenger under 17 in the car carries an additional 5 day jail sentence. To read the account from Richmond channel CBS 6- WTVR, click <a href="http://www.wtvr.com/Global/story.asp?S=8086107">Henrico Police say Clerk Helped Capture alleged Drunk Driver.</a><br><br> </font></font>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2372</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2372</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sun, 13 Apr 2008 08:00:00 EST</pubDate>
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		<title>Former WWE Star Andrew &quot;Test&quot; Martin Flunks DUI Sobriety Tests</title>
		<description><![CDATA[<div style="margin-left: 40px;"><br />
Former superstar of <a href="http://www.wwe.com/">World Wrestling Entertainment</a> <a href="http://en.wikipedia.org/wiki/Andrew_Martin">Andrew Martin</a>, who wrestled under the name "Test," was arrested in Pasco County, Florida on the morning of Sunday, April 6 on charges of <a href="http://en.wikipedia.org/wiki/Driving_under_the_influence"><span style="font-weight: bold;">driving under the influence</span></a>. According to Wrestling News Desk.com, 33-year-old Martin is no longer a professional wrestler, but is still well-known in the community had has spent a great deal of time in California pursuing a career in acting.<br></div><br>According to the Highway Patrol, an off-duty police officer stopped the former grappler after she spotted a "reckless vehicle." Shortly after 10:30 a.m., a Florida Highway Patrol trooper responded to the scene and noticed that Martin's eyes were glassy and bloodshot and he was slurring his speech, the report said.<br><br>According to the arresting trooper, Martin did not smell of alcohol, but upon stepping out of the car, was "unsteady and shaking." Martin agreed to do field-sobriety tests, and the trooper said he failed. He was immediately placed under arrest for <span style="font-weight: bold;">DUI </span>and driving with a suspended license.<br><br>After his refusal to submit to a urine test, Martin was transported to Land O' Lakes Jail. The trooper noted that he constantly fell asleep in his vehicle en route to the jail. On Sunday, Martin was release on $500 bail.]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2354</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2354</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Fri, 11 Apr 2008 08:00:00 EST</pubDate>
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		<title>Man Jailed on 13th DUI Charge</title>
		<description><![CDATA[A man from Owensville, Ohio has been arrested on his 13th charge of <span style="font-weight: bold;">driving under the influence</span>.<p>The man, 60-year-old John Stroop, pled not guilty befor Maginstrate Gregory Chapman in Municipal Court on Monday, April 7 to charges of driving with fictitious license plates and a traffic lane violation. A hearing on the felony charge of <span style="font-weight: bold;">DUI</span> is upcoming.<br></p>On Saturday, April 5, Stroop was arrested around 4 p.m. in Clermont County, Ohio on charges of <span style="font-weight: bold;">DUI</span> and other traffic offenses, according to Clermont County Sheriff A.J. "Tim" Rodenburg. He said that Stroop's <span style="font-weight: bold;">DUI</span> cases date back to the late 1970s.<br><br>After a <span style="font-weight: bold;">DUI</span> conviction in 1999, Stroop's license was suspended for 10 years. He also received a prison sentence of one year.<!-- BEGIN: Article Tools -->]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2352</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2352</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Thu, 10 Apr 2008 08:00:00 EST</pubDate>
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		<title>MLB Star Spiezio Pleads Guilty to DUI</title>
		<description><![CDATA[On Monday, April 7, former <a href="http://stlouis.cardinals.mlb.com/index.jsp?c_id=stl">St. Louis Cardinal</a> <a href="http://en.wikipedia.org/wiki/Scott_Spiezio">Scott Spiezio</a> pled guilty to misdemeanor <span style="font-weight: bold;">drunken driving (DUI)</span> and hit-and-run charges that stem from a car crash that occurred in Orange County, California in December.<p>According to Farrah Emami, spokeswoman for the <a href="http://www.ocgov.com/da/text/media.htm">Orange County District Attorney's office</a>, Spiezio's lawyer entered the plea of guilty as part of a plea agreement. Spiezio has been ordered to serve three years probation, undergo a three-month alcohol program, attend two meetings of Alcoholics Anonymous, and complete 80 hours of community service.</p><p>Spiezio has also been ordered to pay fines and restitution of about $1,700, which includes damages of $839 caused by the crash, according to Emami.</p><p>The Cardinals cut Spiezio in February after an arrest warrant was issued for him. According to prosecutors, he crashed his vehicle into a curb and fence in Irvine, California and then ran away. The police were informed by a neighbor that Spiezio had arrived at their condo complex appearing disheveled with an apparent injury. According to the neighbor, whom court papers identify as "Michael P.," Spiezio allegedly punched him, resulting in significant injuries.</p><p>Spiezio was charged with misdemeanor counts of aggravated assault, assault, and  battery because of the neighbor's allegations, but the charges were dropped because he "was pleading guilty to two counts and had a  relationship" with the neighbor, according to Emami.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2351</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2351</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Thu, 10 Apr 2008 08:00:00 EST</pubDate>
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		<title>Connecticut Lawmakers Hope To Cut Down On DUI By Placing Breathalyzers In Bars</title>
		<description><![CDATA[<p>State lawmakers in Connecticut are hoping to cut down on <span style="font-weight: bold;">DUIs</span> with legislation they are considering which would provide incentives for bar and restaurant owners who install breathalyzers in their establishments. If passed, the legislation would be the first of its kind in the U.S.</p><p>State Sen. Arthur O'Neill (R-Southbury) called the idea "very interesting" and said he believes it could reduce the likelihood of someone <span style="font-weight: bold;">drinking and driving</span>.</p><br />
<br />
<p>The proposed incentive would cut a liquor permit holder's maximum liability from $250,00 to $100,00 in case of a patron getting into a <span style="font-weight: bold;">DUI</span> accident. However,&nbsp; use of the breathalyzer would be voluntary and results would not be permitted in criminal or legal proceedings.</p>O'Neill says that it would allow bartenders to tell patrons they would not be allowed to have another drink until taking the test. He noted that they are supposed to have training to be able to tell when someone has had too much, but when busy, that can be difficult.<br />
<br />
<p>Bar and restaurant owners with liquor permits would also be required to post signage notifying patrons that transportation would be arranged, at the expense of the customer, for anyone needing a ride home.</p><br />
<br />
<p>Dan Mottola, a Bethel, Connecticut restaurant owner, said he has always made a point of finding transportation for customers who have had too much to drink, even going so far as to drive them home himself if necessary.&nbsp; He says that smaller bar areas like his make monitoring drinking easier, but the legislation could be useful in larger clubs where it is more difficult to monitor alcohol consumption.</p><p>Mottola said that it was worth consideration if it will prevent people from <span style="font-weight: bold;">driving under the influence</span>, getting into accidents, and harming others. "I'm all for it -- as long as it doesn't become invasive of personal rights," he said.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2214</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2214</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Wed, 26 Mar 2008 08:00:00 EST</pubDate>
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		<title>Florida Man Receives Five Year Prison Sentence For His Fourth DUI In The Past Decade</title>
		<description><![CDATA[On Tuesday, March 18, a 37-year-old Florida man received a prison sentence of five years after being convicted of <span style="font-weight: bold;">driving under the influence</span>. The <span style="font-weight: bold;">DUI </span>conviction is his fourth within the past ten years.<p>The state was seeking a 10-year sentence for Michael Douglas Duncan, who tried to flee from the police in August of last year while he was operating a motorcycle while drunk. He was found guilty of two third-degree felonies in February. One count was for the <span style="font-weight: bold;">DUI</span> offense, the other was for his attempt to elude and resist an Ocala, Florida Police officer who attempted to pull him over.</p><p>Duncan faced a potential maximum prison sentence of 20 years after being labeled as a habitual felony offender for the three previous <span style="font-weight: bold;">DUI </span>convictions. In addition to the prison sentence, Circuit Judge David Eddy also permanently revoked Duncan's license.</p><p>Duncan pleaded with the judge, mentioning the his various losses during incarceration, including a new home, a business, and time spent with his children. However, the judge dismissed his pleas, saying that he should have considered his children before he chose to operate his motorcycle while drunk and flee an officer.</p><p>Duncan is also required to pay a $2,500 fine in addition to court costs and will serve an additional three years for a previous unemployment fraud conviction.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2213</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2213</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Wed, 26 Mar 2008 08:00:00 EST</pubDate>
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		<title>Guitarist Richie Sambora Arrested For DUI</title>
		<description><![CDATA[<span class="yshortcuts">Guitarist Richie Sambora has been arrested in California on suspicion of <span style="font-weight: bold;">driving under the influence</span> of alcohol.&nbsp; The 48-year-old Bon Jovi member was arrested on Tuesday, March 25 shortly before 11:00 p.m. after an officer noticed that the black Hummer driven by Sambora was weaving in traffic lanes, according to Sgt. Jason Kravetz of the Laguna Beach Police Department.</span><p>Kravetz said that the officer gave Sambora field sobriety tests and arrested him without incident. He was booked at the Laguna Beach jail before being released at 4:00 a.m. Kravetz said that Sambora fully cooperated with the police.</p><br />
<br />
<p>Kravetz said that a woman and two girls were passengers in Sambora's Hummber, but declined to release their names.</p><br />
<br />
<p>According to Kravetz, Sambora was given notice that he is to appear in court on May 7 on charges of one misdemeanor count of <span style="font-weight: bold;">DUI</span>.</p><p>Sambora is one of Bon Jovi's founding members. The band released their last album, "Lost Highway," in 2007.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2212</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2212</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Wed, 26 Mar 2008 08:00:00 EST</pubDate>
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		<title>Hulk Hogan Sued by Passenger Critically Injuired in Car Driven by Wrestler's Son</title>
		<description><![CDATA[<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>The family of a man critically injured in a car crash with the son of <A href="http://en.wikipedia.org/wiki/Hulk_Hogan">Hulk Hogan</A> has sued the professional wrestler, according to <A href="http://www.msnbc.msn.com/">MSNBC.com.</A></FONT></P><br />
<P class=textbodyblack3 style="MARGIN: auto 0in 11.25pt; LINE-HEIGHT: normal"><SPAN style="FONT-SIZE: 11pt; FONT-FAMILY: 'Times New Roman'">The parents of <A href="http://www.realitytvworld.com/news/report-nick-hogan-passenger-john-graziano-will-require-lifelong-care-5894.php">John Graziano</A> filed suit against Hogan, whose real name is Terry Bollea in Pinellas County. The suit states Bollea is responsible for the August 26 crash in Clearwater, since he was aware his son, John liked to speed and race. Nick Bollea, 17 is charged with reckless driving. Graziano, 23 was a passenger in Bollea?s Toyota Supra when it crashed into a tree, the <A href="http://www.ap.org/">Associated Press</A> reported. </SPAN><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'">Clearwater</SPAN><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'"> police said Bollea was racing a friend on wet roads at the time of the crash.</SPAN></P><br />
<P class=textbodyblack3 style="MARGIN: auto 0in 11.25pt; LINE-HEIGHT: normal"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'">The suit names Hogan?s wife, Linda, her son, Nick and Daniel Jacobs ? the other driver - as defendants in the case. Linda Bollea has filed for divorce from her husband.</SPAN></P><br />
<P class=textbodyblack3 style="MARGIN: auto 0in 11.25pt; LINE-HEIGHT: normal"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'">Edward and Debra Graziano didn?t specify financial damages sought but said their son, an <A href="http://www.realitytvworld.com/news/report-nick-hogan-passenger-john-graziano-will-require-lifelong-care-5894.php">Iraq War</A> Marine veteran, could need millions of dollars to pay for lifelong medical care. He remains hospitalized with head injuries almost seven months after the accident.</SPAN></P><br />
<P class=textbodyblack3 style="MARGIN: auto 0in 11.25pt; LINE-HEIGHT: normal"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'">?He never will be fully the John he was before,? said George Tregos, the Graziano?s attorney.</SPAN></P><br />
<P class=textbodyblack3 style="MARGIN: auto 0in 11.25pt; LINE-HEIGHT: normal"><SPAN style="FONT-SIZE: 12pt; COLOR: #333333; FONT-FAMILY: 'Times New Roman'">But Morris Weinberg, the attorney for the Bollea family, says he wasn't surprised by the suit and likely will argue that Graziano was not wearing his seat belt at the time of the crash, the AP said.</SPAN><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'"></SPAN></P><br />
<P class=textbodyblack3 style="MARGIN: auto 0in 11.25pt; LINE-HEIGHT: normal"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'">Hogan, Linda, Nick and their daughter, Brooke star in the reality TV show ?<A href="http://www.vh1.com/shows/dyn/hogan_knows_best/series.jhtml">Hogan Knows Best? </A>on the <A href="http://www.vh1.com/">VH1 </A>network.</SPAN></P><br />
<P class=textbodyblack3 style="MARGIN: auto 0in 11.25pt; LINE-HEIGHT: normal"><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'"></SPAN>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2201</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2201</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Mon, 24 Mar 2008 08:00:00 EST</pubDate>
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		<title>California Fugitive Arrested In Virginia. DUI Among His Charges</title>
		<description><![CDATA[<span id="article_font"><p>A California man who was wanted for charges including kidnapping, armed, robbery, assault with a deadly weapon, and driving under the influence, among others, was captured in Virginia by U.S. Marshals.<br />
</p><br />
<p>The Sheriff's department of Sacramento County, California tipped off Marshals and Sheriff's deputies from Rockingham County, who found Igor Babiy working in Harrisonburg at a construction site.<br />
</p><br />
<p>After a nearly five month search, officers arrested Babiy. In October of 2007, Babiy was released on two bonds of a total of $1.5 million before going on the run, according to Marshals.<br />
</p><br />
<p>An addition charge of being a fugitive from justice is also being faced by Babiy, placed by the Sheriff's Office of Rockingham County. The previous charges against him from California include kidnap for robbery, armed robbery, assault with a deadly weapon, felony evasion, <span style="font-weight: bold;">DUI</span>, and malcious harm of the dog of a peace officer.<br />
</p><br />
<p>Babiy awaits extradition to California, where he could face a life sentence.<br />
</p></span>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2174</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2174</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Thu, 20 Mar 2008 08:00:00 EST</pubDate>
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		<title>Tennessee Police Officer Resigns After Being Charged With DUI And Leaving The Scene Of An Accident</title>
		<description><![CDATA[A police officer in Hermitage, Tennessee, 37-year-old Metro Officer Stephanie Callahan, has resigned from the Hermitage Police Department as a result of charges of <span style="font-weight: bold;">driving under the influence</span> and leaving the scene of an accident. The charges stem from an accident on the night of Sunday, March 15 in which she crashed her Ford Explorer into a stop sign. The department confirmed that her resignated was effective immediately.<br><br>On the night of the accident, Callahan was driving along when she failed to make a turn at an intersection and crashed, according to a police affidavit. She then left the scene and upon her return, police reported that she had an obvious odor of alcohol around her and admitted that she had been drinking.<br><br>Callahan was given a breathalyzer test and registered a .17, over twice the legal limit of .08.<br><br>Callahan had only been employed as an officer at the Hermitage Precinct for two weeks. She graduated from the training academy earlier in the month.<br><br>The matter is still under investigation by the police department.]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2173</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2173</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Thu, 20 Mar 2008 08:00:00 EST</pubDate>
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		<title>West Virginia Woman Charged With Child Endangerment After Being Pulled For Reckless Driving and DUI</title>
		<description><![CDATA[<p>A woman from Boone County, West Virginia has been charged with endangerment of her 9-month-old child after being pulled over on Monday, March 16 by West Virginia State Police for <span style="font-weight: bold;">reckless driving</span> and <span style="font-weight: bold;">driving under the influence</span>. </p><br />
<p>According to a criminal complaint filed in the Magistrate Court of Kanawha County, West Virginia, State Police stopped 21-year-old Ashley Nicole Ulbrich after receiving a call about a woman <span style="font-weight: bold;">recklessly driving</span> a green Jeep on U.S. 119. </p><br />
<p><br />
According to the complaint, officers tried to give Ulbrich a field sobriety test, but stopped due to concerns over her safety. She later admitted that she took two Clonazepam pills in the parking lot of a Charleston, West Virginia Wal-Mart.<br> </p><p>The complaint says that police found the child in the back of the Jeep after pulling Ulbrich over. </p><br />
<p><br />
Charges were filed against Ulbrich for child neglect resulting in risk of injury in addition to <span style="font-weight: bold;">driving under the influence</span> with a minor in the vehicle. She was transported to South Central Regional Jail the evening of the incident. </p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2172</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2172</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Thu, 20 Mar 2008 08:00:00 EST</pubDate>
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		<title>Virginia Legislature Revives Bill To Install Ignition-Interlock Devices In Vehicles Of First-Time DUI Offenders</title>
		<description><![CDATA[The <a href="http://sov.state.va.us/SenatorDB.nsf/c0c91fa77443d7e385256c1600573392/e1d4bcfe73ce4c5085256bb5006870bf?OpenDocument">Virginia Senate Courts of Justice Committee</a> recently reconsidered and revided legislation that would require all <a href="http://www.duianswer.com/"><span style="font-weight: bold;">drunken driving</span> <span style="font-weight: bold;">("DUI")</span></a> offenders in the state, including first-time offenders, to install <a href="http://en.wikipedia.org/wiki/Breath_alcohol_ignition_interlock_device">ignition interlock devices</a> in their vehicles. Both chambers passed the legislation.<br><br>On Monday, March 3, the Senate Courts of Justice Committee reconsidered House Bill 1442, which had already passed in the House. The bill passed with substitute legislation in the Senate on Tuesday, March 4 and passed unanimously on Thursday, March 6 in the House.<br><br>Not only does the improved bill require ignition interlocks to be implemented after the first conviction for <span style="font-weight: bold;">driving under the influence</span>, it also raises the administrative fee from $20 to $75.<br><br>If the driver convicted is indigent or prohibited from driving a school or commercial vehicle, the bill also allows the cost of the device to be paid from the criminal fund.<br><br>Another addition to the bill, which goes into effect on October 1, 2008, is that the <span style="font-weight: bold;">DUI</span> offender will have to pay a $30 monthly fee.<br><br>According to Delegate Salvatore Iaquinto (R-Virginia Beach), the bill's sponsor, ensuring that offenders do not <span style="font-weight: bold;">drink and drive</span> a second time is the only way to ensure that convicted <span style="font-weight: bold;">DUI </span>offenders stop harming people. He believes this legislation fills that purpose and will make the roadways of Virginia safer.<br><br>The alcohol-ignition interlock device is essentially a Breathalyzer that is linked to the ignition system of a vehicle. In order to start the vehicle, the driver must blow into the device, which then reads his or her blood-alcohol level. If a set limit is exceeded, in this case, a blood-alcohol level of 0.02, the vehicle will not start.<br><br>Currently in Virginia, ignition interlocks are required to be installed in the vehicles of multiple <span style="font-weight: bold;">DUI</span> offenders or first-time offenders who register a blood-alcohol level above 0.15, which is nearly twice the legal limit of 0.08.]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2111</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2111</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Wed, 12 Mar 2008 08:00:00 EST</pubDate>
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		<title>Widow Files Suit Against Reckless Driver Who Killed Off-Duty Virginia Beach Police Officer</title>
		<description><![CDATA[<p>The wife of a Virginia police officer who died in a traffic accident last yer has filed a $1 million suit against the <span style="font-weight: bold;">reckless driver</span> of the vehicle that caused the accident.</p><br />
<p>The complaint was filed in February in Circuit Court and alleges that Shaun Mowbray was <span style="font-weight: bold;">driving his vehicle in a manner that was careless and reckless</span> when it crashed into the sport utility of Officer Randall Vaiden.</p><br />
<p>Vaiden was a school resource officer at Green Run High School in Virginia Beach. On the day of the crash, October 10, he was off duty and driving on Holland Road close to the intersection of Diana Lee Drive. The 30-year-old officer was killed instantly in the accident.</p><br />
<p><span style="font-weight: bold;">Reckless driving</span> charges were filed against Mowbray and on March 20 he is scheduled to appear in General District Court.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2061</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2061</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Wed, 05 Mar 2008 08:00:00 EST</pubDate>
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		<title>Supreme Court of Kentucky rules against BAC validity in delayed testing</title>
		<description><![CDATA[<P><SPAN lang=EN style="mso-ansi-language: EN"><FONT size=3><FONT face="Times New Roman">The Kentucky Supreme Court unanimously overturned the 2003 DUI conviction of Nelson Lopez of Lexington, writing prosecutors were wrong to argue it doesn?t matter what a suspect?s BAC level is while operating the vehicle, as long as the BAC measured above the legal limit of 0.08 within two hours of operating a vehicle. Lopez was charged with DUI in October 2002 and recorded a 0.08 BAC one hour after his arrest.</FONT></FONT></SPAN></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>The ruling mirrors the Virginia statute which states a defendant may present evidence or argue without evidence that his or her BAC level at the police precinct was higher than that at the scene.</FONT></P><br />
<P><FONT size=3><FONT face="Times New Roman">Lopez?s attorney,<SPAN lang=EN style="mso-ansi-language: EN"> Fred Peters, said the prosecutorial version could unfairly convict an innocent motorist who had consumed no alcohol before driving. He posed the scenario of a motorist having a drink in a broken down vehicle while waiting for the tow truck.</SPAN></FONT></FONT></P><br />
<P><B style="mso-bidi-font-weight: normal"><SPAN lang=EN style="mso-ansi-language: EN"><FONT size=3><FONT face="Times New Roman">Supreme Court Ruling Helps Protect the Innocent</FONT></FONT></SPAN></B></P><br />
<P><SPAN lang=EN style="mso-ansi-language: EN"><FONT size=3><FONT face="Times New Roman">Peters also argued it can take alcohol up to 90 minutes to enter the bloodstream, even though he presented no supporting evidence at trial.</FONT></FONT></SPAN></P><br />
<P><FONT size=3><FONT face="Times New Roman"><SPAN lang=EN style="mso-ansi-language: EN">Fayette</SPAN><SPAN lang=EN style="mso-ansi-language: EN"> County (Ky.) Prosecutor Margaret Kannensohn said the ruling creates confusion in that it prohibits them from arguing a third of the jury instructions in DUI cases.? It would be as if a soldier were given three bullets with instructions to fire them," she said, "then told that they had wrongly fired the third bullet, which leads to confusion." She said she hopes the General Assembly clarifies the ruling.</SPAN></FONT></FONT></P><br />
<P><SPAN lang=EN style="mso-ansi-language: EN"><FONT size=3><FONT face="Times New Roman">Meanwhile, Mothers Against Drunk Driving (MADD) is concerned. "When the public believes or perceives that DUI laws don't have teeth, it breeds disdain for the law," said Angela Leigh, MADD state executive director.</FONT></FONT></SPAN></P><br />
<P><SPAN lang=EN style="mso-ansi-language: EN"><FONT face="Times New Roman" size=3>&nbsp;</FONT></SPAN></P><br />
<P><SPAN lang=EN style="mso-ansi-language: EN"><FONT face="Times New Roman" size=3>&nbsp;</FONT></SPAN></P>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2041</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2041</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sun, 02 Mar 2008 08:00:00 EST</pubDate>
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		<title>Punter Booted off Team after DUI Charge</title>
		<description><![CDATA[<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT size=3><FONT face="Times New Roman"><A href="http://www.utsports.com/home/">University of Tennessee</A> punter <A href="http://www.usatoday.com/sports/college/football/sec/2008-02-19-tennessee-colquitt_N.htm">Britton Colquitt</A> was booted from the football team for five games by Coach Phillip Fulmer, who also took away the senior?s athletic scholarship, according to SI.com.</FONT></FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>As a freshman, Colquitt was involved in more than one alcohol-related incident. He is the fourth member of his family to play the punter position for the Volunteers.</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt; LINE-HEIGHT: 12.75pt; mso-margin-bottom-alt: auto"><FONT face="Times New Roman" size=3>In late February, the 22-year-old struck a parked car before he fled the scene, said the <A href="http://www.ci.knoxville.tn.us/kpd/">Knoxville (Tenn.) Police Department</A> (KPD). KPD spokesman Mark Pressley said Colquitt was visibly intoxicated and could not complete field sobriety tests.</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt; LINE-HEIGHT: 12.75pt; mso-margin-bottom-alt: auto"><FONT face="Times New Roman" size=3>?I am very disappointed that Britton doesn't appreciate the blessings he has been given from his family and his team," coach Fulmer said. ?He will be required to undergo alcohol counseling as well as other internal punishments"</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt; LINE-HEIGHT: 12.75pt; mso-margin-bottom-alt: auto"><SPAN style="FONT-SIZE: 11pt"><FONT face="Times New Roman">As a freshman,</FONT></SPAN><SPAN style="FONT-SIZE: 9pt; FONT-FAMILY: Verdana"> </SPAN><FONT face="Times New Roman" size=3>Colquitt, was suspended from the team when he faced multiple alcohol-related charges in several incidents. He rejoined the team later in the year after he pleaded no contest to a charge of underage alcohol consumption. A judge sentenced him to one year?s probation.</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt; LINE-HEIGHT: 12.75pt; mso-margin-bottom-alt: auto"><FONT face="Times New Roman" size=3>Colquitt is the younger brother of college All-American punter <A href="http://en.wikipedia.org/wiki/Dustin_Colquitt">Dustin Colquitt</A>, who currently plays for the NFL?s <A href="http://www.ci.knoxville.tn.us/kpd/">Kansas City Chiefs.</A></FONT></P>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2039</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2039</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 01 Mar 2008 08:00:00 EST</pubDate>
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		<title>Kentucky Prosecutor Charged with DUI</title>
		<description><![CDATA[<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>A Lexington, Kentucky prosecutor soon will know how it feels to be a defendant in a <STRONG>drunk-driving</STRONG> case.</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>Mike Ward, Commonwealth?s Attorney for Marshall and Calloway counties, faces <STRONG>DUI</STRONG> charges after being stopped by Lexington police in February. Ward had recently returned to his job after having taken a leave of absence for medical reasons.</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>After the arrest, Ward told the media, "I have struggled with issues regarding <STRONG>alcohol</STRONG> for years, and I made a poor decision the night I was arrested. I have brought embarrassment on my family and friends and humiliation to myself." </FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>Ward plans to continue to serve as Commonwealth Attorney for Marshall and Calloway counties. He served as Commonwealth Attorney for Calloway and Marshall counties for 19 years but was defeated in a re-election in 2000. Six years later, Ward regained his post in a Democratic primary election.<BR><BR>Ward asked for forgiveness and said, "I am ready to pay the price for my actions. I expect no special treatment and am prepared to receive the same punishment anyone else would in this situation."<BR><BR>Ward's arraignment is set for March 14 in Marshall County District Court.</FONT></P><br />
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3></FONT>&nbsp;</P>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2036</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2036</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 01 Mar 2008 08:00:00 EST</pubDate>
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		<title>Tractor-Trailer Kills Two On I-81, Driver Charged With Reckless Driving</title>
		<description><![CDATA[<p style="text-align: left;" align="left"><span style="font-size: 10pt; font-family: Arial;">Two people were killed on the night of Tuesday, February 25 in a wreck on Interstate 81 caused by a <span style="font-weight: bold;">reckless driver</span>.</span></p><p style="text-align: left;" align="left"><span style="font-size: 10pt; font-family: Arial;">Isaac Santos, 38, died instantaneously and his wife, 48-year-old Linda Solorzano, from Buffalo N.Y. died shortly after midnight in a medical helicopter that was transporting her to the University of Virginia Medical Center after their van was struck by the tractor-trailer driven by 33-year-old Santa Ana, California native Uy Tan Hong. Hong and another person in the tractor-trailer received non-life-threatening injuries.</span></p><p style="text-align: left;" align="left"><span style="font-size: 10pt; font-family: Arial;">Santos and Solorzano were were traveling from North Carolina to Buffalo, as they were helping their daughter move back home. Police said that the daughter witnessed the wreck from a vehicle she was traveling behind the van in.</span></p><p style="text-align: left;" align="left"><span style="font-size: 10pt; font-family: Arial;">Emergency personnel called the wreck one of the worst they've ever seen. According to 1st Sgt. Bryan Hutcheson of the Virginia State Police said that the vehicles collided at full speed.</span></p><p style="text-align: left;" align="left"><span style="font-size: 10pt; font-family: Arial;">The Harrisonburg Fire Department and Rescue Squad responded to the wreck at mile marker 244.7 shortly before 9:30 p.m. on Tuesday.</span></p><p style="text-align: left;" align="left"><span style="font-size: 10pt; font-family: Arial;">According to police, the 2001 Peterbilt tractor-trailer Hong was driving veered from the southbound lane, crossed the median, and struck the van head-on. The two vehicles landed in a roughly 20-foot ditch east of the interstate's northbound lanes. While in the ditch, the truck jackknifed and shredded the van.<br></span></p><p style="text-align: left;" align="left"><span style="font-size: 10pt; font-family: Arial;">The interstate was shut down in both directions for several hours because of the wreck.</span></p><p style="text-align: left;" align="left"><span style="font-size: 10pt; font-family: Arial;">Hutcheson said that Hong was charged with <span style="font-weight: bold;">reckless driving</span>, but there are likely to be no additional charges filed. He said that they believe Hong was distracted from within the truck and had taken his eyes off the road.</span></p><p style="text-align: left;" align="left"><span style="font-size: 10pt; font-family: Arial;"><strong style="font-weight: normal;">Four </strong>medical helicopters were initially dispatched to the scene, but only two were needed to take patients to the Charlottesville medical center. Solorzano was a passenger in one, the other carried 41-year-old Ha M. Tuan, Hong's passenger, who was listed in good condition as of Wednesday.</span></p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=2006</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=2006</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Thu, 28 Feb 2008 08:00:00 EST</pubDate>
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		<title>Virginia Man Charged With Two DUI's During The Same Weekend.</title>
		<description><![CDATA[<span class="text_of_content">A man from Abingdon who was charged with <span style="font-weight: bold;">drunken driving</span> after crashing into a state trooper in Smyth County on the night of Friday, February 1 was arrested a second time on the morning of Sunday, February 3, on charges of intoxication in public and possession of drugs, according to Virginia state police.<br><br><table align="right" border="0" cellpadding="3" cellspacing="2"><tbody><tr><td><iframe style="display: none;" marginwidth="0" marginheight="0" src="http://ad.policeone.com/absolutebm/abmw.aspx?z=12&amp;isframe=true" frameborder="0" height="280" scrolling="no" width="336"></iframe><br></td></tr></tbody></table>Shortly after 2:00 a.m., a Chilhowie police officer pulled over a vehicle in which Barry Dean Marshall II was a passenger. According to Virginia State Police spokesman Mike Conroy, the car was stopped after the officer had received notification of a vehicle being driven erratically from the Sheriff's Office of Smyth County. According to the arrest warrant, the officer spotted the vehicle on northbound Interstate 81.<br><br>Police in Chilhowie arrested the driver, 21-year-old Traci Peake, for <span style="font-weight: bold;">driving under the influence</span>.<br><br>During the same incident, Smyth County deputies who assissted with the stop arrested 32-year-old Marshall on charges of public intoxication and possession of drugs with intent to manufacture or sell, the arrest warrant said.<br><br>Marshall had recently been charged with a <span style="font-weight: bold;">DUI</span> after he struck trooper K.S. Chapman only a few miles from where he was arrested after the second incident, Conroy said.</span>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=1968</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=1968</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Mon, 25 Feb 2008 08:00:00 EST</pubDate>
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		<title>Two Roanoke County Residents Accused Of DUI After Fatal Work Zone Crash</title>
		<description><![CDATA[Two residents of Roanoke County have been accused of <span style="font-weight: bold;">driving under the influence</span> after a chain-reaction crash at a road construction work zone that resulted in the death of a paving company employee.<br><br>Early on Wednesday, February 20, 46-year-old Richard Sloan was killed while working in the Cave Spring area with S.R. Draper Paving Company.<br><br>According to Roanoke County police, 42-year-old Tracie Nininger was being held without bond on charges of involuntary manslaughter and <span style="font-weight: bold;">driving under the influence</span>. Another driver, 32-year-old Jeffrey Dupree was released on bond after being charged with <span style="font-weight: bold;">DUI</span>.<br><br><br />
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                    </div><!-- END rail -->According to police, Nininger was driving in front of Dupree and her Hummer3 struck a backhoe that was on the side of the road. Dupree's SUV then struck Nininger's vehicle from behind.<br><br>Slone died as the result of being struck by a plow that was attached to the backhoe.]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=1967</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=1967</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Mon, 25 Feb 2008 08:00:00 EST</pubDate>
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		<title>Roanake Police Officer Charged With DUI After Crashing His Police Cruiser</title>
		<description><![CDATA[<p>A police officer from Roanoke<br />
has been charged with <span style="font-weight: bold;">driving under the influence</span> after wrecking his police<br />
cruiser on the night of Saturday, February 23 in Pulaski County,<br />
according to Virginia State Police.<br><br />
&nbsp;<br><br />
The wreck occurred on northbound Interstate 81 shortly after 10:00 p.m.<br />
Saturday. According to state police spokesman Sgt. Mike Conroy, state police<br />
had received a 911 call approximately six minutes before the crash concerning<br />
someone <span style="font-weight: bold;">driving erratically</span>.<br><br />
&nbsp;<br><br />
Conroy said that Officer Andrew Page ran off the road and hit a guard rail. The<br />
2005 Ford Crown Victoria, a marked Roanoke police car, he was<br />
driving was totaled in the wreck. According to Conroy, Page, who was in plain<br />
clothes at the time, cooperated with investigators. Court documents said that<br />
he took a breathalyzer test which showed his blood alcohol content to be 0.16<br />
percent, which is double the legal limit of 0.08. <br><br />
<br><br />
Conroy said that Page received very minor injuries from the wreck and required<br />
no medical attention.<br><br />
<br><br />
According to Aisha Johnson, a spokeswoman for Roanoke police, Page was suspended and an<br />
internal investigation of the incident is being conducted by the department.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=1966</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=1966</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Mon, 25 Feb 2008 08:00:00 EST</pubDate>
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		<title>General Assembly Trying to Increase Penalties for Abusive Driving In Hopes of Reducing It</title>
		<description><![CDATA[<font class="articlebody">The infamous <span style="font-weight: bold;">abusive driver fees</span> of the state of Virginia may have garnered a great deal of attention last year, but members of the General Assembly submite dozens of bills each year intent on curbing <span style="font-weight: bold;">reckless driving</span>.<br><br>In 2008, Approximately 75 bills have been drafted relating to driver safety. Nearly one-third of them called for the direct repeal of <span style="font-weight: bold;">abusive driver fees</span>, a series of large fines imposed on drivers convicted of <span style="font-weight: bold;">traffic violations</span>. Last year, the fees drew the collective ire of the public. However, some 50 bills sought to stiffen the fines and penalties of other traffic safety laws.<br><br>Legislators have proposed that the punishments for driving without a license or convicted of <span style="font-weight: bold;">drunk driving</span> be stiffened, in addition to tightening restrictions on teenage drivers. According to some local representatives, driving saftey is still a problem, especially in the Northern Virginia area.<br><br>According to Del. Dave Albo (R-42), there are approximately 42 people injured on the roads of Northern Virginia each day. He said there are higher odds of being injured on a road in Northern Virginia than there are of being killed in a dark alley at night.<br><br>Advocates for Highway Safety president Judie Stone said that approximately 1,000 people died in <span style="font-weight: bold;">motor vehicle accidents in Virginia</span> in 2006.<br><br>Stone's organization released a report on February 18 that rated Virginia, in addition to 30 other states, as "yellow" when it came to raod safety laws. There were 18 states, including Washington D.C. and Maryland, that were rated as "green," the highest category. She said Virginia could easily be rated "green" if its seat belt requirement was made a "primary offense." It is currently only a "secondary offense" and a person not wearing their seat belt can only be charged if pulled over for another reason.<br><br>The report by Stone's organization said that in 2006, nearly 55 percent of people killed in car accidents weren't wearing seat belts. The report estimated that of the 4,200 lives lost in Virginia car accidents between 1996 and 2003, 294 could have been saved had the sealt belt law been a "primary offense."<br><br>Sen. Patricia Ticer (D-30) and Del. Kris Amundson (D-44) both have introduced bills that would make seat belt law a "primary offense." Amundson's was killed in the House of Delegates Police, Militia, and Firearms committee and Ticer's passed out of the Senate, but is expected to be killed by the same House committee.<br><br>Del. Sal Iaquinto (R-84) has proposed law dealing with another vehicular problem, <span style="font-weight: bold;">drunk driving</span>. His propsoal would require those convicted to have an ignition interlock installed on their car after the first offense which would have to be breathed into to start the car as well as periodically breathed into to keep it running. It also includes a $75 fee and $30 per month user charge that would be required to be paid by the offender to cover the machine's costs.<br><br>The purpose of the device is to prevent repeat offenders of <span style="font-weight: bold;">drunk driving</span> from doing it again. the Advocates for Highway Safety Report says that there have been studies showing that a person has <span style="font-weight: bold;">driven under the influence of alcohol</span> 87 times on average before being caught.<br> <br>There is also support for a bill Del. William Janis (R-56) proposed that would increase the amount of time the license of a minor caught <span style="font-weight: bold;">drinking and driving</span> would be increased from six months to a year and require a fine of $250, minimum. Washington Region Alcohol Program President Kurt Erickson said that in the past five years, underage <span style="font-weight: bold;">crashes involving alcohol</span> have increased 40 percent, the largest part of that increase coming from Virginia teenagers. </font>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=1958</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=1958</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sun, 24 Feb 2008 08:00:00 EST</pubDate>
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		<title>Virginia State Trooper Injured By Alleged Drunk Driver</title>
		<description><![CDATA[<p>After being struck on Interestate 81 by the vehicle of a man who had allegedly been <span style="font-weight: bold;">driving under the influence of alcohol</span>, A Virginia State Police Trooper had to be placed in intensive care<br />
for the severe personal injuries he received from the accident, which occurred in Smyth County shortly after 11 p.m. on Saturday, February 2.</p><br />
<br />
<p>Trooper K.S. Chapman was sitting stationary in his patrol vehicle after just finishing a routine traffic stop. Suddenly, his vehicle was struck by a pick up truck.</p><br />
<br />
<p>The injuries Chapman received left him in sever condition, requiring air transport for him to be taken to Bristol Medical Center.</p><p>The 32-year-old driver of the truck that struck the patrol vehicle of Chapman, Barry Dean Marshall, has been charged with a <span style="font-weight: bold;">DUI</span>. There are additional charges still pending against him.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=1957</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=1957</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sun, 24 Feb 2008 08:00:00 EST</pubDate>
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		<title>We're #1: Virginia Most Expensive State For Speeding Tickets</title>
		<description><![CDATA[<p>I am sure that the latest government statistics came as no surprise to the hundreds of motorists who contact <a href="http://www.bobbattlelaw.com/practice_areas/traffic-law-violation.cfm">Richmond Virginia Traffic Lawyer Bob Battle</a> to represent them on their <span style="font-weight: bold;">Reckless Driving Speeding charge in Virgina</span>. Virginia is the most expensive State in the country for Speeding tickets. If you plan on taking a road trip, go easy on the gas pedal, especially if you plan to travel up or down the East Coast.</p><p>According to statistics from the National Highway Traffic Safety Administration (NHTSA), five of the 10 U.S. states that carry the highest fines for <span style="font-weight: bold;">speeding</span><span style="font-weight: bold;"></span> are on the I-95 corridor between the southeast and New England: <span style="font-weight: bold;">Virginia</span>, North Carolina, Georgia, Maryland, and New Hampshire. <span style="font-weight: bold;">Speeders</span> receive a maximum fine of $500 or more for the first offense. In North Carolina and Georgia, as well as 16 other states, also have the option to add a jail sentence.</p><p>The other states on the list are Illinois, Nevada, Utah, Oregon, and Kansas.<br></p><p>In Virginia, which is the only new addition to the list, a $1,050 surcharge to state residents in addition to the $300 <span style="font-weight: bold;">speeding</span> fine was instituted in July. The idea of the law is to raise money for state infrastructure projects without having to raise taxes. Virginia natives are the only ones the law applies to.</p><p>Virginia state legislator David Albo spearheaded the law. He noted that stats from the Joint Legislative Audit Review Commission of Virginia showed a decrease of 11 percent in arrests for <span style="font-weight: bold;">reckless driving</span> since the law was passed in addition to a slight drop in <span style="font-weight: bold;">speeding</span> tickets.</p><p>The NHTSA says that the national median for the top-end fine of a first time offender is $200. The national median for a first offender's  top-end fine is $200, according to the NHTSA.</p><p>Several factors go into how much a <span style="font-weight: bold;">speeding</span> ticket can cost you, including how much you were <span style="font-weight: bold;">exceeding the speed limit</span>, whether or not you are a repeat offender, or if you were caught <span style="font-weight: bold;">speeding</span> in a school zone or construction area.</p><p>According to the NHTSA figures, young males are caught <span style="font-weight: bold;">speeding </span>more than anyone else. Last year 38 percent of men under 21 were caught <span style="font-weight: bold;">speeding</span>.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=1950</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=1950</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 23 Feb 2008 08:00:00 EST</pubDate>
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		<title>Targeted Police Patrols Produce Fewer Citations This Year</title>
		<description><![CDATA[<p>Only in Virginia would a total of over 1,000 traffic tickets in only 2 days in 3 stretches of highway be considered a low amount! On Sunday February 10 and Monday February 11, saturation patrolling by <a href="http://www.vsp.state.va.us/">Virginia State Troopers</a> on Interstates 295, 85, and 77 resulted in <a href="http://www.inrich.com/cva/ric/news/breakingnews.apx.-content-articles-RTD-2008-02-13-0159.html">the lowest number of traffic summonses and criminal arrests since the beginning of the operation in the year 2006.</a></p>  <p>According to the agency, the most recent <a href="http://www.nbc12webextras.com/content/view/703/451/">Operation Air, Land, and Speed</a> of the state police produced 1,033 citations for violations during the two-day traffic safety effort.</p>  <p>There were no fatalities reported on the three interstates the police push targeted.</p>  <p>Col. Steven Flaherty, the Virginia State Police's superintendent, said that in comparison to the last Operation Air, Land, and Speed the police conducted on the three interstates, this one produced lower enforcement totals. He said that they hope this indicates that more drivers now realize the importance of highway safety and are driving in compliance with Virginia traffic laws.</p>On I-295, state police stopped 200 speeders, and cited 120 for Reckless Driving and 18 motorists for seat belt violations. The vast majority of "Reckless Driving" tickets were for Reckless Driving/Speeding. The 53 miles of<br />
I-295 include <a href="http://en.wikipedia.org/wiki/Henrico_County,_Virginia">Henrico</a> , <a href="http://www.co.chesterfield.va.us/">Chesterfield</a> and Prince George counties and the<br />
city of Hopewell.<p>On I-85, 188 <span style="font-weight: bold;">speeders</span> and 148 <span style="font-weight: bold;">reckless drivers</span> were stopped by state troopers. There were also one <span style="font-weight: bold;">drunken driver</span> arrested, 10 seat belt violations issued, and seven felony arrests made.<br></p><p>On I-77, there were 52 <span style="font-weight: bold;">speeders</span>, six <span style="font-weight: bold;">reckless drivers</span>, and eight seat belt violations cited by state troopers.</p>  <p>In last February's operation, there were 1,810 summonses and arrests on I-295 and I-85. Another initiative on I-77 in June produced 245 summonses and arrests.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=1949</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=1949</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 23 Feb 2008 08:00:00 EST</pubDate>
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		<title>Family Unhappy With One-Year Sentence Man Received in Henrico County For Fatal DUI Crash</title>
		<description><![CDATA[<p>The family of a college student from <a href="http://www.co.henrico.va.us/">Henrico County, Virginia</a> who was killed by a <span style="font-weight: bold;">drunk driver</span> last summer says that they are once again in mourning over the one-year prison sentence issued to the driver on Tuesday, February 12.</p>Beckner's father and sister spent almost an hour on the witness stand<br />
celebrating his life and begging <a href="http://www.courts.state.va.us/courts/circuit/henrico/home.html">Henrico County Circuit Court Judge </a>Daniel Balfour<br />
to give Bradley a sentence that would not further diminish the already<br />
short life of Beckner.<p>Edward Beckner, the father of Derrick Beckner, the victim, said that the family said to one another after returning from the court that they felt like they had lost Derrick for a second time.</p>  <p>Beckner, who died on July 5, was a 21-year-old standout student and athlete at <a href="http://www.jmu.edu/">James Madison University.</a> He would have graduated this May.</p>  <p>At approximately 1:25 a.m. on the night of the incident, Beckner was killed instantly as he was coming home from a baseball game. The car driven by Matthew Bradley crossed the median on Staples Mill Road near the Interstate 295 interchange, approximately a mile from the home of Beckner. Bradley's car went airborne, landing on the vehicle of Beckner.</p>  <p>In his testimony, Beckner's father described the accident as looking "like a toy car some child had pushed down on too hard." He said that he found out about the wreck hours after it occurred on television. He then drove to the scene, where he learned that his son was the victim.</p>  <p>The original charges Bradley, a 23-year-old resident of Ashland, Virginia, faced were involuntary manslaughter and <span style="font-weight: bold;">driving under the influence</span>. After his arrest, he was freed on $70,000 bond. In December he received a conviction for <span style="font-weight: bold;">DUI</span> and involuntary manslaughter, a reduced charge with a maximum penalty of 10 years in prison.</p>  <p>Ashley Cooper, Beckner's sister, described Bradley as someone who considered a few beers more important than her brother's life.</p>  <p>Deputy Commonwealth's Attorney Michael Huberman urged that the judge impose a long prison sentence, ridiculing Bradley's reference to the death of Beckner as a "complication" he needed to put behind him. Huberman said that Bradley held no true remorse for Beckner's death.<br></p>  <p>Seven years of an eight-year sentence were suspended by Balfour, who also ordered Bradley to no active time for <span style="font-weight: bold;">DUI</span>, agreeing to allow him to be placed on work release while in prison.</p>  <p>Edward Beckner said that they had thought he would receive two or three years, instead he was disappointed that the court "bent over backwards to be lenient," rather than "cracking down" on <span style="font-weight: bold;">drinking and driving</span>.</p>]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=1948</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=1948</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Sat, 23 Feb 2008 08:00:00 EST</pubDate>
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		<title>Study shows Virginia Civil Remedial Fees fail to make Virginia Highways Safer</title>
		<description><![CDATA[A Virginia government study, the first broad review of <b>Virginia's Civil Remedial Fees </b>for traffic offenses such as <b>reckless driving/speeding </b>and <b>DUI</b>, shows that the fees, which took effect July 1, 2007, have not affected traffic safety as promised by proponents of the legislation according to an article in <a href="http://www.washingtonpost.com/wp-dyn/content/article/2007/12/05/AR2007120501865.html?nav=rss_metro" target="_blank">The Washington Post.</a><br />
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The report, prepared by the <a href="http://www.varetire.org/About/Jlarc.asp" target="_blank">Joint Legislative Audit and Review Commission</a>, found that arrests for speeding and <a href="http://en.wikipedia.org/wiki/Driving_under_the_influence" target="_blank">DUI</a> have increased in the second half of 2007 over the same period last year.  Between July 1 and October 31, there were 198 more DUI arrests in the same period last year.  There are also 5282 more speeding arrest.  The report says there has been a decline in arrest for reckless driving.  Some of the drop may be the result of police officers being lenient because they don't want certain motorists to be assessed a fee for abuse of driving, the report says.<br />
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But any decline in reckless driving is tempered by data from the <a href="http://www.vsp.state.va.us/" target="_blank">Virginia State Police </a>that show this state is on pace to record more than 1,000 Highway fatalities for this year for the first time since 1990. Furthermore, the <a href="http://www.dmv.state.va.us/" target="_blank">Virginia Department of Motor Vehicles </a>may have to issue more than 300,000 license suspensions to drivers over the next two years for failure to pay the state's abusive  driving fees.<br />
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<blockquote>The report also shows that thousands of motorists are unwilling or unable to pay the fees. As the fees were approved in February, a person convicted of a felony or misdemeanor driving offense has to pay $250 to $1,050 a year for three consecutive years. If the motorist fails to pay, the Department of Motor Vehicles will suspend the person's driver's license. </blockquote><br />
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<a href="http://www.bobbattlelaw.com/" target="_blank">Richmond Virginia DUI and Reckless Driving/Speeding Lawyer Bob Battle</a>, who spends virtually every day in traffic court in <a href="http://www.ci.richmond.va.us/" target="_blank">Richmond</a> and the surrounding jurisdictions of <a href="http://www.co.hanover.va.us/" target="_blank">Hanover County</a>, <a href="http://www.co.caroline.va.us/" target="_blank">Caroline County</a>, <a href="http://www.co.henrico.va.us/" target="_blank">Henrico County</a>, <a href="http://www.co.chesterfield.va.us/" target="_blank">Chesterfield County </a>and <a href="http://www.co.new-kent.va.us/" target="_blank">New Kent County</a>, has seen many instances of officers giving speeding tickets to Virginia motorists who could have been charged with reckless driving/speeding because the officers disagreed with these enormous fines.<br />
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The issue will be hotly debated when the <a href="http://en.wikipedia.org/wiki/Virginia_General_Assembly" target="_blank">Virginia General Assembly </a>reconvenes next month.  Opponents of the civil remedial fees are calling for its repeal while House Republicans are expected to resist repeal efforts. <a href="http://www.davealbo.com/" target="_blank">Republican Delegate Dave Albo</a> from Springfield, Virginia has introduced a bill to make fee fees apply to out-of-state drivers; currently, only Virginia drivers are assessed the fees.  The bill would also limit the offensive that would trigger a fee, rewrite the reckless driving statute and give judges more latitude on whether to suspend a license.]]></description>
		<link>http://www.bobbattlelaw.com/blog/index.cfm?id=1437</link>
		<guid>http://www.bobbattlelaw.com/blog/index.cfm?id=1437</guid>
		<author>Bob@BobBattleLaw.com</author>
		<pubDate>Thu, 06 Dec 2007 08:00:00 EST</pubDate>
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		<title>TV Actor Gary Collins Charged with DUI</title>
		<description><![CDATA[This time, he was the one in the blinking lights.<br />
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<p><a href="http://www.wtopnews.com/?nid=114&sid=1277941<br />
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<br />
">Gary Collins, best known for hosting the TV show, ?The New Hollywood Squares,? was charged with DUI</a> Oct. 29, two weeks after being involved in an accid