Families of victims killed in DUI crashes rally in support of bill calling for increased penalties

Fifteen Pennsylvania familes held photos of family members killed in DUI-related crashes in the state capitol Tuesday in support of Senate Bill 961, which seeks to increase penalties for repeat DUI offenders.

The families shared their stories of how their loved ones’ lives were cut short due to the poor choices made by drivers who were under the influence, many of which who were repeat offenders.

One of the family members referred to vehicles operated by drunk drivers as “4,000-pound weapons.”

Another woman, Kelly, talked about her nephew Zachary Gonzalez. He was 15 years old when he was killed by a driver under the influence of drugs. Gonzalez was riding his bike at the time.

“We had custody of Zachary because his father was killed when he (Zachary) was 3 years old by a drunk driver crossing the street,” Kelly said. “A small family of four, two lost, by others’ choices to drive impaired.”

Senate Bill 961 would make the following changes to existing laws:

A felony penalty for a third DUI within 10 years if the third offense involves a blood-alcohol content of .16 or higher, and in all other cases after the fourth offense
Increased penalites for homicide by vehicle while DUI, which is currently a 3-year minimum.
If convicted of a prior DUI, the minimum setnence for causing death would be 5 years.
If convicted of two or more prior DUIs, the minimum sentence for causing a death would be 7 years.
Increased penalties for driving while under a DUI-related license suspension.
According to PA Parents Against Impaired Driving, repeat DUI offenders are responsible for approximately 40 percent of all DUI-related fatalities, and there are over 50,0000 new DUI cases in the state annually.

“The purpose of this law is so that no other families will have to stand here holding a picture .. with their loved one’s photo,” said Sen. John Rafferty. “We have drawn the line and said ‘no more is this going to continue in the Commonwealth of Pennsylvania.'”

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For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Lawyer blew over the limit, but he beat a drunk driving charge because police arrested him in his doorway

TORONTO — A prominent Ontario criminal lawyer who was driving a pickup truck that a 911 caller reported was swerving all over a major highway has been cleared of drunk driving charges because police violated his Charter rights by arresting him a few minutes later inside the doorway of his house.

All this happened within a few minutes of a 911 call to report that Irving’s black Ford pickup was driving erratically on a nearby highway.

Peel Regional police officers responded promptly, but botched the arrest, according to Justice George S. Gage. With one officer demanding he come to the door, and holding a foot in the threshold to prevent it closing, and as many as five other officers on the front step, Judge Gage found Irving was illegally “coerced by the state from the safety and privacy of his library into the scrutiny of the officers on the front porch.”

This was a violation of his Section 8 Charter right to be free from unreasonable search and seizure, and it means the blood alcohol readings that later showed him too drunk to drive were excluded from evidence, and so the charge failed.

Nevertheless, the judge decided that it was in fact him who was driving the truck just a few minutes earlier. His lawyer acknowledged this is true, but said Irving had not drunk any alcohol at the time.

“He’s a lawyer himself and he knows better what would be the consequences of driving impaired on the 401 (which leads from Toronto to Brampton via the 410) in the middle of the day, or broad daylight. It’s blatant,” Shahid Malik said in an interview. He called it a “very fair decision,” reflecting that Irving’s constitutional rights were violated in his own home.

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For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Toronto man charged with DUI homicide in Bensalem

Authorities have charged Shane Learn, 48, of Toronto, Canada, with homicide by vehicle while driving under the influence and related offenses stemming from a crash last month that injured two and left a Northampton man dead.

A husband and wife from Northampton planned to have a few drinks while out at Parx Casino in Bensalem last month, according to Bucks County prosecutors.

So rather than drive themselves, they arranged to take a Lyft ride.

They never made it to their destination.

Shortly before 7 p.m. April 28, Bensalem police say a Ford F-150 pickup slammed head-on into the Chevrolet Malibu that had picked them up.

Neil Weiner, his wife Audrey Shapiro, and Lyft driver Daniel Weingart were rushed to Jefferson-Torresdale Hospital in Philadelphia where Weiner, 57, died May 1.

Now authorities have charged the driver of the pickup truck, Shane Learn, 48, of Toronto, Canada, with homicide by vehicle while driving under the influence and related offenses, court records show.

In an affidavit of probable cause, police said Learn’s truck struck the guardrail in the 4000 block of Richlieu Road and then crossed the double-yellow line into the opposite lane of travel where it collided with the Malibu heading south.

Police responding to the scene said Learn had “bloodshot, glassy and watery eyes” and his breath smelled like alcohol. He allegedly failed two field sobriety tests as well as a breathalyzer test.

According to police, Learn told them he drank two beers and a double whiskey drink prior to driving, allegedly stating, “It was my fault. I crossed the line.”

“It’s a shame,” said Deputy District Attorney Robert James. “Two people doing exactly what they’re supposed to be doing … It doesn’t matter. You have someone driving drunk who hits them anyway.”

Weingart was not seriously injured in the crash, James said, but Shapiro was still hospitalized as recently as Monday. She has lost an eye as a result of the crash and may be permanently blind, he said.

For a fatal DUI, James said Learn’s alleged blood-alcohol level, .13 percent, was on the low end of cases he’s charged, with some defendants’ BACs more than double that number.

“It just goes to show you, impaired is impaired,” he said.

Learn, who has been living and working in the Bensalem area, has been cooperating with investigators and turned himself in to police Tuesday, James said.

He was sent to Bucks County prison in lieu of 10 percent of $300,000 bail set by District Judge Michael W. Gallagher during a Monday afternoon arraignment, records show. A preliminary hearing is tentatively set for May 16.

Weiner was a father of two, managed his own printing business and brought laughter to everyone he knew, according to an obituary.

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For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Toronto man charged with DUI homicide in Bensalem

A husband and wife from Northampton planned to have a few drinks while out at Parx Casino in Bensalem last month, according to Bucks County prosecutors.

So rather than drive themselves, they arranged to take a Lyft ride.

They never made it to their destination.

Shortly before 7 p.m. April 28, Bensalem police say a Ford F-150 pickup slammed head-on into the Chevrolet Malibu that had picked them up.

Neil Weiner, his wife Audrey Shapiro, and Lyft driver Daniel Weingart were rushed to Jefferson-Torresdale Hospital in Philadelphia where Weiner, 57, died May 1.

Now authorities have charged the driver of the pickup truck, Shane Learn, 48, of Toronto, Canada, with homicide by vehicle while driving under the influence and related offenses, court records show.

In an affidavit of probable cause, police said Learn’s truck struck the guardrail in the 4000 block of Richlieu Road and then crossed the double-yellow line into the opposite lane of travel where it collided with the Malibu heading south.

Read the full article here: https://www.toronto-dui-lawyer.ca/

Canadian ski cross racer David Duncan apologizes after drunken joyride at Olympics

Canadian ski cross racer Dave Duncan is apologizing for “behaviour that demonstrated poor judgement” after being released from jail following an alleged drunken joyride at the Pyeongchang Games.

The Canadian Olympic Committee confirmed in a statement Sunday that Duncan, his wife Maja and Canadian technical coach William Raine had been detained by police in South Korea and were now released. The statement came after an investigator with the Gangwon Provincial Police Department told The Canadian Press the two Canadians and an American woman were arrested for drunk driving and stealing a car.

A joint statement from the Duncans offering an apology did not offer specifics, saying only their behaviour “was not up to the standards expected of us as members of the Canadian Olympic Team or as Canadians.” But Raine singled out “the owner of the vehicle that was involved” in his statement.

“I would like to apologize profusely for my inexcusable actions,” Raine said. “Words are not enough to express how sorry I am. I have let my teammates, friends and my family down.”

Raine is the son of Canadian skiing legend Nancy Greene.

Read the full article here: https://www.theglobeandmail.com/sports/olympics/canadian-athlete-wife-manager-allegedly-steal-car-and-drive-drunk-in-winter-olympics/article38104346/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Police plan DUI enforcements on St. Paddy’s weekend

St. Patrick’s Day falls on a Saturday this year, which means many people will celebrate all weekend long.

Police will keep their Irish eyes peeled for impaired drivers.

If you drink green beer, be prepared to see red and blue lights in the review mirror. All weekend long, police will be cracking down on partygoers who choose to drive impaired.

According to a new study by the Centers for Disease Control and Prevention, binge drinking is a big issue for Americans — and not just on holidays.

In 2015, Americans drank more than 17 billion drinks annually; that’s 470 drinks per binge drinker. Half of the bingers are over the age of 35 and 80 percent are men.

State police want to remind people who plan to have one or two drinks that the consequences of buzzed driving are the same as drunk driving.

“With DUI enforcement, the purpose is to save lives,” Trooper Brent Miller said. “We have to take those drivers who are drinking or using illegal drugs [off the road] when they choose to get behind the wheel.”

There are many ways people can avoid needing to fight impaired driving charges. Police encourage anyone drinking to download the Safer Ride app, which can call a taxi or predetermined friend as well as share your location.

Police also encourage you to use transportation services such taxis, Uber and Lyft to party responsibly.

Read the full article here: https://abc27.com/2018/03/16/police-plan-dui-enforcements-on-st-paddys-weekend/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Randy Travis loses bid to block naked DUI arrest video

By Kristin M. Hall, THE ASSOCIATED PRESS

NASHVILLE — A federal judge has denied a request by country singer Randy Travis to stop the state of Texas from releasing footage of him naked and ranting during a 2012 DUI arrest.

The ruling on a request for a preliminary injunction issued Thursday paves the way for the Texas Department of Public Safety to release the footage on Friday, which was requested through open records requests.

Travis’ family has been in a long legal battle to stop the release of the footage that went all the way to the state Supreme Court, which denied his petition. Travis filed a federal lawsuit in September in Texas arguing that that the footage should be considered private under health record privacy regulations. But the judge said he did not show a substantial likelihood of success on the claims.

Read the full article here: https://torontosun.com/entertainment/celebrity/randy-travis-loses-bid-to-block-naked-dui-arrest-video

For more local DUI news and information please visit our website https://www.toronto-dui-lawyer.ca/

Orléans trucker charged with drunk driving on Highway 401

It’s a wonder that an Orléans trucker nabbed by the OPP’s traffic patrol didn’t kill anyone.

Sgt. Kerry Schmidt, who mans the OPP’s highway safety division Twitter account, reported Sunday that the unnamed 29-year-old had been spotted behind the wheel of a fully-loaded transport truck that was slowing traffic, weaving and cutting off other vehicles on Highway 401 in Toronto.

He ended up charged with impaired driving, driving with more than 80 mg of alcohol in 100 ml of blood and dangerous driving.

Retired Ontario Provincial Police Commissioner Chris Lewis likely spoke for everyone else on the road when he tweeted a succinct question: “How many innocent lives jeopardized by this complete moron???”

Read the full article here: https://ottawacitizen.com/news/local-news/orleans-trucker-charged-with-drunk-driving-on-highway-401-opp

For more local DUI news and information please visit our website https://www.toronto-dui-lawyer.ca/

Driver charged with DUI, leaving crash scene

A Gainesville man was arrested Saturday for causing a multiple-car crash while driving under the influence before leaving the scene of the crash, according to a GPD report.

Police said Jeffery Wayne York Jr., 28, of 840 NW 55th St., was driving while intoxicated early Saturday morning when he crashed his car into the rear-end of another vehicle, which caused that vehicle to hit the rear-end of another car.

Both victims contacted the police, and York began arguing with both parties before leaving the scene, the report said.

Police were able to use a license plate number provided by one of the victims to locate York at his residence.

Police said York admitted being involved in the crash and to leaving the scene before taking part in a field sobriety tests in a nearby parking lot.

York also gave breath samples that registered .241 and .242, which is more than three times the legal limit in Florida.

York was charged with a DUI involving damage to property and with leaving the scene of an accident. He was taken to the Alachua County jail where he was released Saturday on his own recognizance.

Read the full article here: https://www.gainesville.com/news/20180211/driver-charged-with-dui-leaving-crash-scene

For more local DUI news and information please visit our website https://www.toronto-dui-lawyer.ca/

Mom driving with baby arrested for DUI and peeing on a cop

A Florida mom suspected of driving drunk with a baby in the back seat was also accused of urinating on an officer during her arrest.

Nichole Nespolini, 40, of Melbourne, was arrested Monday after rear-ending another car at an intersection in Melbourne, where Nespolini then pleaded with the motorist not to notify police, Florida Today reported.

When cops arrived on the scene, Nespolini walked into traffic and began pushing an officer in the chest and stood on her toes at one point to yell in an officer’s face, according to an arrest report.

Then, as three cops started putting Nespolini in handcuffs, she said, according to the report: “I’m peeing and I hope it gets on you!”

Nespolini then started urinating on an officer’s foot before kicking another cop in the groin as she was taken into a police cruiser. Officers at that point discovered a baby secured in a child seat in the back seat of Nespolini’s car.

The father of the child responded to the scene to pick up the baby as Nespolini was taken to a hospital before being taken into custody at the Braved County Jail. She remains in custody as of early Thursday on $18,500 bond, jail records show.

Nespolini is facing charges of driving under the influence, DUI with property damages, child neglect, resisting an officer with violence, resisting an officer without violence and battery on a law enforcement officer.

Read the full article here: https://nypost.com/2018/02/15/mom-driving-with-baby-arrested-for-dui-and-peeing-on-a-cop/

For more local DUI news and information please visit our website https://www.toronto-dui-lawyer.ca/