Showing posts with label DUI/DWI. Show all posts
Showing posts with label DUI/DWI. Show all posts

Sunday, August 17, 2008

Texas Mother Uses Daughter as Designated Driver

Texan Jennifer Rosenberg allegedly had her 12-year-old daughter be her designated driver as she celebrated her 35th birthday at a Longview bar. Rosenberg was arrested on charges of child endangerment - a state jail felony punishable by up to two years in a state jail facility - after her daughter was pulled over by police for failing to use a turn signal while driving her mother's blue mini-van home. When questioned by officers, the younger Rosenberg told officers that she had just dropped her mother off at a bar. A copy of the probable cause affidavit is available here.

Like most criminal defendants in child endangerment cases, Rosenberg is also likely to be the subject of an investigation by various other agencies.

In Texas, you can generally leave your child at home as long as they are capable of taking care of themselves. However, when you begin allowing your 12 year-old to drive around town unsupervised, you are obviously going to have problems.

Saturday, June 7, 2008

Former UT Running Back Cedric Benson Arrested in Austin... Again

Former University of Texas running back Cedric Benson was arrested in Austin last night and charged with driving while intoxicated (DUI/DWI) - a violation of Texas Penal Code § 49.04. His arrest comes one month after being charged with boating while intoxicated on Lake Travis and resisting arrest.

Benson was pulled over between 3 o'clock and 4 o'clock in the morning Saturday after allegedly running a red light at Fifth Street and Colorado Street - just blocks from downtown Austin's popular Sixth Street bar scene. Austin police purportedly smelled alcohol on Benson's breath and requested that he submit to a series of field sobriety tests, including a walk and turn test and a request to stand on one leg. The field officer believed Benson performed poorly on the field sobriety tests and requested that Benson submit to a breathalyzer. Benson wisely refused the test as well as subsequent requests for a blood sample. It also appears Benson immediately invoked his right to counsel and refused to speak to police without his Austin criminal defense attorney.

Benson's Austin criminal defense lawyer maintains that his client performed well on the field sobriety test and that the police lacked the probable cause required to arrest a person on suspicion of DUI/DWI. His criminal defense lawyer is also likely to attack the reasonable suspicion giving rise to the stop itself as Benson maintains that the light was yellow when he entered the intersection. Benson's criminal defense lawyer also claims that Benson was on his way home from a dinner at Kenichi where he had two or three drinks over the course of several hours. If true, one would presume Benson would have been sober at the time of his police encounter. The prosecution will likely challenge Benson's story and question his whereabout during the early Saturday morning hours as Kenichi's website list its Friday hours as 5:30 - 11:00 p.m.

The Chicago Bears, Benson's current NFL team, have publicly responded to his latest arrest with great dismay and frustration. Many sports bloggers are calling for the Bears to release Benson.

Those looking to follow the case can track upcoming hearings on the Travis County Criminal Courts docket here. The docket currently only reflects Benson's boating charge, but should be updated soon.

UPDATE: The Chicago Bears have officially released Cedric Benson.

Monday, June 2, 2008

Impaired Driver Blames Her Condition on Drunk Kiss

I decided to start off this week’s blog entries with a story about a young woman who has found an excuse that rivals the legends of “The Dog Ate My Homework” and “It Was Like That When I Got Here.”

Gianna Vigliotti, a seventeen-year-old from New York, was arrested over Memorial Day weekend after swerving in and out of her lane and blowing a .15% blood-alcohol level (more than double the legal limit). At this point, Ms. Vigliotti had several options at her disposal. Did she simply admit to having a few beers at a holiday party, and then prepare herself for the consequences of both the DUI and underage drinking charges? Did she brazenly insist that the portable breathalyzer must not be working correctly? No. This accused drunk driver decided to be a little more creative. She told the arresting officer that, “I didn't drink! I was kissing a boy who was drunk.”

Vigliotti’s side of the story may lose most of its already questionable merit when placed against the facts at the scene. There were four beer bottles under the passenger side of the car (once the location of the now departed boy?) and an empty beer can in her purse.

The attorney for Vigliotti said the decision to release the details of this arrest “is not only embarrassing, but demeaning as well,” to his client. Officials in Nassau County, however, plan to continue publicizing such cases as a deterrent to others who may consider getting behind the wheel while intoxicated.

Of course, silly stories about kissing aside, drinking under the influence is a serious crime. If you have been involved an accident involving a drunk driver and believe you are due compensation for your injuries, please contact us at Bertolino LLP. We have the knowledge, experience and compassion to handle your case with the personal attention it deserves.