Yavapai County, AZ - In Camp Verde, Arizona, the highway goes through town and then past the jail and court complex. Also off the same exit is a wildlife park that attracts children and families. It is normally a safe and family oriented town about half-way between Phoenix in Flagstaff.
Last Friday morning, however, it was a dangerous place to be. That is because a woman named Linda Magenty was driving through with an alleged alcohol content of .235, well over Arizona's Super Extreme limit of .200.
Not only was Ms. Magenty allegedly nearly three times the legal limit of .08 (which is a basic DUI in Arizona), she was driving on a suspended license for a felony DUI from 2007. To make matters even worse, she sped into a construction zone after going about 100 miles per hour.
According to police reports she passed several vehicles on the wrong side of the road and almost hit another stopped vehicle. The car stopped near the jail and was taken into custody and booked into the Camp Verde Jail.
She was charged with a literal truckload of charges, including aggravated DUI (a felony in Arizona), seven separate counts of endangerment (also felonies), criminal speed and having an open container of alcohol.
Under Arizona's DUI sentencing guidelines, assuming that her 2007 aggravated DUI is the only felony on her record, she faces a presumptive prison term of 4.5 years. If she loses at trial that term is likely to be significantly enhanced by the presence of many aggravating factors.
Law enforcement and the public should have little sympathy for a person who (if proven true) did what she did. However, we should be quick to distinguish that there is a difference between this case (which represents the worst of the worst, and also the luckiest of the lucky in that she didn't kill herself or somebody else this time) and first offense low level DUI cases where there is little bad or aggressive driving.
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Thursday, October 15, 2009
Monday, September 28, 2009
Case dismissed against Sallee
A number of charges against former Wickenburg police officer James Christian Sallee were recently dismissed by the Yavapai County Attorney’s Office.
Sallee was charged late last year on two counts of interference with judicial proceedings, unlawful flight from pursuing law enforcement, endangerment, tampering with a witness, and criminal speed in reference to an alleged pursuit in Prescott with the Yavapai County Sheriff’s Office (YCSO).
The case was set to go to trial in two weeks when the county attorney’s office dismissed the case. Yavapai County Attorney officials would only say that the case was dismissed due to insufficient evidence.
The complaint filed by the county attorney’s office stated that on or about Nov. 8, 2008, Sallee willfully fled or attempted to elude a pursuing official law enforcement vehicle. It said he recklessly endangered motorists on Iron Springs and Williamson Valley roads with a substantial risk of imminent death using a dangerous instrument: a 2006 Dodge Charger.
The complaint said that Sallee drove a motor vehicle at a speed in excess of 85 mph and knowingly induced a witness in an official proceeding who Sallee believed might be called as a witness, to falsely testify.
The complaint also stated that Sallee knowingly disobeyed or resisted a lawful order, process or mandate of the Maricopa County Superior court regarding his 2008 theft conviction.
The probable cause statement, written by the arresting officer at the time of arrest, stated that the vehicle he was following (allegedly Sallee’s) at one point reached speeds of 120 mph and passed no less than 25 cars. The officer wrote that these vehicles all had to take evasive action to get out of the way.
The officer said that the vehicle was abandoned in a wooded area, and when they located Sallee at his Prescott Valley residence, they heard him on the phone “making an alibi.” The officer said the tale of the evening’s events were contradictory each time the story was told. Police arrested Sallee that night on 25 counts of endangerment.
Local police officials say that it is difficult to prosecute a case when an individual who has been alleged to have committed a vehicle-related crime cannot be placed in the vehicle.
This is not the first incident Sallee has had on the wrong side of the the law. In 2005 he escaped three months time in the Maricopa County Jail after being sentenced to three years of supervised probation regarding a theft charge where Sallee pleaded guilty to stealing an unspecified amount of coins from his grandfather’s home.
At the time of sentencing, Maricopa County Superior Court Judge Jeannie Garcia informed Sallee that if he violated the terms of his probation that he could face up to two years in the Arizona Department of Corrections.
If the Yavapai County case went forward, prosecutors planned on using the theft case as evidence against Salle.
A DUI (driving under the influence) case against Sallee was also dismissed in 2006, regarding a late 2005 incident in Wickenburg where Sallee was in a car accident.
Sallee was a narcotics detective in Wickenburg at the time of the accident and alleged DUI.
Source
Sallee was charged late last year on two counts of interference with judicial proceedings, unlawful flight from pursuing law enforcement, endangerment, tampering with a witness, and criminal speed in reference to an alleged pursuit in Prescott with the Yavapai County Sheriff’s Office (YCSO).
The case was set to go to trial in two weeks when the county attorney’s office dismissed the case. Yavapai County Attorney officials would only say that the case was dismissed due to insufficient evidence.
The complaint filed by the county attorney’s office stated that on or about Nov. 8, 2008, Sallee willfully fled or attempted to elude a pursuing official law enforcement vehicle. It said he recklessly endangered motorists on Iron Springs and Williamson Valley roads with a substantial risk of imminent death using a dangerous instrument: a 2006 Dodge Charger.
The complaint said that Sallee drove a motor vehicle at a speed in excess of 85 mph and knowingly induced a witness in an official proceeding who Sallee believed might be called as a witness, to falsely testify.
The complaint also stated that Sallee knowingly disobeyed or resisted a lawful order, process or mandate of the Maricopa County Superior court regarding his 2008 theft conviction.
The probable cause statement, written by the arresting officer at the time of arrest, stated that the vehicle he was following (allegedly Sallee’s) at one point reached speeds of 120 mph and passed no less than 25 cars. The officer wrote that these vehicles all had to take evasive action to get out of the way.
The officer said that the vehicle was abandoned in a wooded area, and when they located Sallee at his Prescott Valley residence, they heard him on the phone “making an alibi.” The officer said the tale of the evening’s events were contradictory each time the story was told. Police arrested Sallee that night on 25 counts of endangerment.
Local police officials say that it is difficult to prosecute a case when an individual who has been alleged to have committed a vehicle-related crime cannot be placed in the vehicle.
This is not the first incident Sallee has had on the wrong side of the the law. In 2005 he escaped three months time in the Maricopa County Jail after being sentenced to three years of supervised probation regarding a theft charge where Sallee pleaded guilty to stealing an unspecified amount of coins from his grandfather’s home.
At the time of sentencing, Maricopa County Superior Court Judge Jeannie Garcia informed Sallee that if he violated the terms of his probation that he could face up to two years in the Arizona Department of Corrections.
If the Yavapai County case went forward, prosecutors planned on using the theft case as evidence against Salle.
A DUI (driving under the influence) case against Sallee was also dismissed in 2006, regarding a late 2005 incident in Wickenburg where Sallee was in a car accident.
Sallee was a narcotics detective in Wickenburg at the time of the accident and alleged DUI.
Source
Tuesday, September 15, 2009
Nebraska 3rd Time DUI Conviction, 5 Months Probation
A 22-year-old York man has been sentenced to five years’ probation and given credit for time served for his third drunken-driving conviction.
His blood-alcohol level tested out at 0.299%, more than three times the legal limit of 0.08%.
The charge was a Class 3A felony, which carries a maximum sentence of 5 years, and three lesser charges. In a deal with prosecutors, the other three charges were dropped, and Anderson pleaded no contest to DUI.
Judge Alan Gless of York County District Court told Anderson Tuesday that this was his last chance, that the “next step is prison time.”
Drunk Driving Penalties in Nebraska
In addition to the ALR suspensions as outlined, a conviction in criminal court will result in an additional suspension of your Nebraska driving privileges following a conviction for Nebraska DUI:
* First Offense: 60 days with probation, or 6 months if you are sentenced to jail.
* Second Offense: 1 year with probation & the same if you are sentenced to jail.
* Third Offense: 1 year with probation and 15 years if you are sentenced to jail.
* Fourth Offense: 1 year with probation & 15 years if you are sentenced to jail.
Its possible that you may be allowed to drive with an ignition interlock device in stalled in your car.
Contacting a Nebraska DUI Lawyer When Arrested is of Essence
When you are arrested for DUI in Nebraska you should contact a Lawyer who specializes in Nebraska DUI defense with experience. A DUI lawyer can help you beat your DUI charge in many ways including investigate the constitutionality of the stop, the procedures used in obtaining evidence, the constitutionality of any statements you gave, and the accuracy of any tests administered.
Source
His blood-alcohol level tested out at 0.299%, more than three times the legal limit of 0.08%.
The charge was a Class 3A felony, which carries a maximum sentence of 5 years, and three lesser charges. In a deal with prosecutors, the other three charges were dropped, and Anderson pleaded no contest to DUI.
Judge Alan Gless of York County District Court told Anderson Tuesday that this was his last chance, that the “next step is prison time.”
Drunk Driving Penalties in Nebraska
In addition to the ALR suspensions as outlined, a conviction in criminal court will result in an additional suspension of your Nebraska driving privileges following a conviction for Nebraska DUI:
* First Offense: 60 days with probation, or 6 months if you are sentenced to jail.
* Second Offense: 1 year with probation & the same if you are sentenced to jail.
* Third Offense: 1 year with probation and 15 years if you are sentenced to jail.
* Fourth Offense: 1 year with probation & 15 years if you are sentenced to jail.
Its possible that you may be allowed to drive with an ignition interlock device in stalled in your car.
Contacting a Nebraska DUI Lawyer When Arrested is of Essence
When you are arrested for DUI in Nebraska you should contact a Lawyer who specializes in Nebraska DUI defense with experience. A DUI lawyer can help you beat your DUI charge in many ways including investigate the constitutionality of the stop, the procedures used in obtaining evidence, the constitutionality of any statements you gave, and the accuracy of any tests administered.
Source
Monday, August 31, 2009
Tougher DWI Laws Proposed on Breathalyzer Refusal
According to Louisiana DWI laws, refusing a breathalyzer test can help drunk drivers avoid DUI penalties, so state Rep. Tim Burns, R-Mandeville, is looking to pass stricter DWI laws in Louisiana to combat this problem.
If a person refuses a breathalyzer today, he or she may face a 180 day driver’s license suspension. The new DWI laws Burns is purposing would suspend a driver’s license for one year for refusing a breathalyzer test the first time.
The bill has been passed by Louisiana lawmakers and is waiting Governor Bobby Jindal’s signature. The law would become effective Sept. 1.
“The tide has really shifted in this issue,” Burns told the press. “It wasn’t that long ago that you could have open containers in the cars, and that’s slowly been gotten rid of, and I think as we move to a society and a state that’s more conscious of this issue, it’s just trying to provide for the public safety of it’s citizens.”
The bill has been criticized by some for infringing on people’s civil liberties, but it is receiving support in most communities.
A response was sent by Mothers Against Drunk Driving, MADD, supporting the bill. MADD expressed that eventually, the group would like to see breathalyzer refusal a criminal offense.
Source
If a person refuses a breathalyzer today, he or she may face a 180 day driver’s license suspension. The new DWI laws Burns is purposing would suspend a driver’s license for one year for refusing a breathalyzer test the first time.
The bill has been passed by Louisiana lawmakers and is waiting Governor Bobby Jindal’s signature. The law would become effective Sept. 1.
“The tide has really shifted in this issue,” Burns told the press. “It wasn’t that long ago that you could have open containers in the cars, and that’s slowly been gotten rid of, and I think as we move to a society and a state that’s more conscious of this issue, it’s just trying to provide for the public safety of it’s citizens.”
The bill has been criticized by some for infringing on people’s civil liberties, but it is receiving support in most communities.
A response was sent by Mothers Against Drunk Driving, MADD, supporting the bill. MADD expressed that eventually, the group would like to see breathalyzer refusal a criminal offense.
Source
Thursday, August 20, 2009
Official Passes out in Meeting with Whiskey Bottle
Many of us dread work meetings and may need a little pick-me-up to help get us through like a soda or afternoon coffee.
For the most part, the meeting is over in an hour or two and we move on about our day. That was not the case for one Lehigh Valley, Pa. government official.
According to police, elected Plainfield Township Supervisors Chairman Tim Frankenfield passed out drunk at a public meeting with a bottle of whiskey next to him.
Frankenfield, who had a blood alcohol content of more than twice the legal driving limit of .08%, was taken to the hospital before the meeting was over.
The police cited Frankenfield for public drunkenness. He was fined $119.50 as a penalty.
According to court records, Frankfield was cited for public drunkenness before. In December 2006 he was fined $219.50 for public drunkennes at a liquor store in Lower Nazareth Township.
Source
For the most part, the meeting is over in an hour or two and we move on about our day. That was not the case for one Lehigh Valley, Pa. government official.
According to police, elected Plainfield Township Supervisors Chairman Tim Frankenfield passed out drunk at a public meeting with a bottle of whiskey next to him.
Frankenfield, who had a blood alcohol content of more than twice the legal driving limit of .08%, was taken to the hospital before the meeting was over.
The police cited Frankenfield for public drunkenness. He was fined $119.50 as a penalty.
According to court records, Frankfield was cited for public drunkenness before. In December 2006 he was fined $219.50 for public drunkennes at a liquor store in Lower Nazareth Township.
Source
Monday, August 3, 2009
DUI crackdown over 4th of July in Chicago, Illinois
The Alliance Against Intoxicated Motorists recently issued its 2008 rankings of DUI arrests by community for towns in Illinois outside of Chicago. With 651 DUI arrests in 2008, Naperville came in second only to Rockford, which had 785.
“The 4th of July weekend is a little different for us because we also have one of our major events — Ribfest — that weekend,” Waitkus said. “But our DUI enforcement that weekend isn’t much different. It just is an enhancement to what we’re doing the rest of the year, and not a major change.”
Other local police departments employ varying strategies for the holiday weekend. Wheaton Police Chief Mark Field said the city receives grant money from IDOT to hire additional officers to help provide extra patrols — known as “saturation patrols” — on major roadways, particularly near problem intersections like Naperville and Butterfield Roads.
“We try to focus on those areas where we know there are DUI problems but also where the most accidents occur,” Field said. “That’s the approach we’ve taken instead of checkpoints, and that’s been more successful for us.”
Glen Ellyn Police Chief Phil Norton said the holiday weekend means that his department has all hands on deck. With such daylong activities as a parade, and fireworks at Lake Ellyn, every member of the force works the 4th of July, he said.
“Earlier in the evening, we’re typically responding to numerous calls of fireworks, parties and loud noise and things like that,” Norton said. “Once things settle down, because we have so many people on duty, some of our officers turn their concentration toward DUIs.”
Oakbrook Terrace has one of the smaller police forces in DuPage County but has long segments of several of the county’s busiest thoroughfares, including Roosevelt Road, Butterfield Road, 22nd Street and Illinois Highway 83. Police Chief Mark Collins said his department made four DUI arrests in one night on a recent Friday.
“We’re going to be out there like we normally do every weekend,” Collins said. “We’re definitely going to add additional people on the 4th. We always do.”
With the official start of summer here and the road-clogging 4th of July holiday approaching, local police departments are redoubling their efforts to pull impaired drivers off the roads.
“We have more people that are injured and killed as a result of vehicle crashes,” said Naperville Police Cmdr. Gregg Waitkus. “We’re not saying that they’re all DUI-related, but it’s a real safety issue for us.”
The number of alcohol-related fatalities declined slightly statewide in 2008, with 1,043 fatalities reported, of which 35.5 percent resulted from a crash where at least one driver had a blood-alcohol level of 0.01 or greater, the Illinois Department of Transportation said. That compares with just more than 36 percent in 2007. The legal threshold in Illinois is 0.08.
“We have a reputation for being a town that makes a lot of Illinois DUI arrests,” Waitkus said. “We’re proud of that reputation. We really instill in our officers that DUI enforcement is a priority for our department.”
Source
“The 4th of July weekend is a little different for us because we also have one of our major events — Ribfest — that weekend,” Waitkus said. “But our DUI enforcement that weekend isn’t much different. It just is an enhancement to what we’re doing the rest of the year, and not a major change.”
Other local police departments employ varying strategies for the holiday weekend. Wheaton Police Chief Mark Field said the city receives grant money from IDOT to hire additional officers to help provide extra patrols — known as “saturation patrols” — on major roadways, particularly near problem intersections like Naperville and Butterfield Roads.
“We try to focus on those areas where we know there are DUI problems but also where the most accidents occur,” Field said. “That’s the approach we’ve taken instead of checkpoints, and that’s been more successful for us.”
Glen Ellyn Police Chief Phil Norton said the holiday weekend means that his department has all hands on deck. With such daylong activities as a parade, and fireworks at Lake Ellyn, every member of the force works the 4th of July, he said.
“Earlier in the evening, we’re typically responding to numerous calls of fireworks, parties and loud noise and things like that,” Norton said. “Once things settle down, because we have so many people on duty, some of our officers turn their concentration toward DUIs.”
Oakbrook Terrace has one of the smaller police forces in DuPage County but has long segments of several of the county’s busiest thoroughfares, including Roosevelt Road, Butterfield Road, 22nd Street and Illinois Highway 83. Police Chief Mark Collins said his department made four DUI arrests in one night on a recent Friday.
“We’re going to be out there like we normally do every weekend,” Collins said. “We’re definitely going to add additional people on the 4th. We always do.”
With the official start of summer here and the road-clogging 4th of July holiday approaching, local police departments are redoubling their efforts to pull impaired drivers off the roads.
“We have more people that are injured and killed as a result of vehicle crashes,” said Naperville Police Cmdr. Gregg Waitkus. “We’re not saying that they’re all DUI-related, but it’s a real safety issue for us.”
The number of alcohol-related fatalities declined slightly statewide in 2008, with 1,043 fatalities reported, of which 35.5 percent resulted from a crash where at least one driver had a blood-alcohol level of 0.01 or greater, the Illinois Department of Transportation said. That compares with just more than 36 percent in 2007. The legal threshold in Illinois is 0.08.
“We have a reputation for being a town that makes a lot of Illinois DUI arrests,” Waitkus said. “We’re proud of that reputation. We really instill in our officers that DUI enforcement is a priority for our department.”
Source
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