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Tags >> oregon dui
A 31-year-old woman was sentenced in the controversial DUI cases that maimed two pedestrians in January of 2009.
Zoe Hoeltzel had previously been unable to apologize for the event, causing much speculation regarding whether she accepted responsibility. Just before she was to be sentenced, Hoeltzel finally issued an apology for striking down two individuals outside a nightclub over a year ago, causing each to lose a leg. Her apology was not well-received.
Hoeltzel believed she was largely innocent in the crime since she was struck by another driver just before the accident. The other driver had also been drinking. Hoeltzel then lost control of her vehicle, hitting a crown of people. She has since believed there was nothing she could do to stop from hitting the crowd.
Hoeltzel was hoping to avoid jail time in her sentencing for assault, DUI and other violations. A judge, however, sentenced her to over three months in jail, three month's probation and 160 hours of community service. She will be unable to drive for a full five years.
Witnesses provided testimony saying Hoeltzel consumed at least four beverages prior to driving to the Dunes nightclub. She was looking for a parking spot when another car driven by Lee Percy Brown, traveling 70 mph, stuck her vehicle. Hoeltzel's BAC was only .1%, which is not largely over the legal limit. However, the prosecution believes Hoeltzel was partly at-fault for the accident, even if Brown's BAC was higher at the time of the collision.
Brown himself was reportedly immediately remorseful, attempting to help victims at the scene, apologizing afterward, and pleading guilty to his charges. Hoeltzel has fought the charges and maintained innocence. She did not exit her vehicle to assist the victims. Though a driver is only required to stay at the scene by law, not required to assist, the fact Hoeltzel did little to assist the victims was a source of anger in the case.
An underage Eugene man was charged with various traffic violations including DUI in an injury accident Sunday afternoon.
The accident injured 63-year-old Candace Lee Chitty. She was heading east on Highway 126 when he was struck head on by 19-year-old Jacob A. Curtis. Chitty was taken by ambulance to a local hospital with serious but not life-threatening injuries. Curtis was also taken to a hospital by ambulance with minor injuries.
Curtis was treated then released, and Oregon police immediately arrested him for charges of DUI, reckless driving, reckless endangerment, third-degree assault, failure to maintain a lane, possession of an open container, minor in possession and refusing a breath test.
Though this is Curtis's first offense DUI, he will likely face a high amount of penalties for the severity of the injury accident. Since he was admitted to the hospital following the accident, a warrant was not required for a blood test. There is no immediate confirmation on the results of any blood test.
Police nationwide are warning of dangerous road conditions during the NFL playoffs. As Super Bowl Sunday approaches, drivers should take extra caution to practice safe driving during the football season.
2010 marks the passage of new legislation in Oregon affecting driving while on a cell phone, texting or driving under the influence.
First, Oregon joins the growing list of states making it illegal to drive while talking on a cell phone without a hands free device. Doing so will result in a ticket up to $142. Drivers can use hands-free devices, which some say are just as dangerous as actually talking on the phone. Drivers can also be on the telephone if they are required to do so by their job.
Oregon has made it illegal to send text messages while driving, and most constituents seem to appreciate this change. Since texting or talking on a phone without a hands free device will become a primary infraction, an officer can pull a driver over for these offenses alone. Some states require a separate offense before an officer can write a ticket.
Finally, Oregon drivers with a BAC over .15% will be required to pay a heft $2,000 minimum fine. The law went into effect at 12:01AM New Year's Day, meaning any individual pulled over for DUI after midnight on New Year's Eve with the high BAC was served with the new fine.
These laws are generally consistent with national trends. Studies show talking on the phone or texting while driving can be as dangerous as drunken driving. Studies also show driving with a BAC over .15% can bring increased danger and social cost. Many states, including Wisconsin due to December's landmark legislation, are requiring ignition interlock devices for high BAC drivers.
The Oregon Supreme Court will hear from Attorney General John Kroger and the state's chief public defender, Peter Gartian, in an argument that debates whether blood can be drawn in an Oregon DUI case without a warrant.
The case before the Court actually involves Thomas Gregory Machuca. He was in an accident on June 1, 2005, and was taken to a local hospital. Police determined there was sufficient evidence for a DUI charge. At that point, an officer went to the hospital where Machuca was admitted and read him the implied consent law before drawing his blood.
Machuca later argued blood draws violated his personal right to protection against illegal search and seizure. Machuca's blood confirmed his BAC was .20%, but he said that evidence should not be allowed in court as it was obtained in violation of his rights.
Though Machuca was originally denied a motion to have the blood evidence declared inadmissible and found guilty, he won his appeal in a 6-4 split decision. That ruling, handed down Sept. 30, confirmed implied consent was more of a promise than a law. Now the ruling is being contested in the state's highest court.
Kroger has said he will be personally present at the trial because of the far-reaching impact of any decision that results. Over 25,000 DUI arrests occur in the state in a given year. According to Kroger, 1,200 resulted in blood tests this year. The decision of the Supreme Court will be important not just in this case but for years to come.
Kroger says, though there is currently a constitutional right to refuse a blood draw against one's will, the practice of obtaining a warrant in each case would substantially hinder the ability for authorities to prosecute DUIs. A police officer would need to have probable cause, which can often be difficult to establish in a case involving an accident where the suspect is unable to perform tests. In that case, many states mandate a blood test.
For his part, Justice Michael Gillette pointed out that the Constitution often favors personal liberties over due process, putting the government at a disadvantage when prosecuting cases. He said, though, this is the point of the Constitution to begin with.
Kroger does not feel that blood draws constitute unreasonable search, and this will be the grounds for his case. He also says the implied consent law in Oregon was established in 1976 to make the roadways safe.
Gartian will argue that implied consent represents an act of legislative coercion. Since electing to not have a driver's license is not an option for most Americans, they are in a Catch-22 situation if they oppose the implied consent law.
The Supreme Court will fire questions to both sides over the course of weeks or even months. There is no deadline on the decision, and its far-reaching impact will mean the Justices will deliberate at length to determine the best approach.
David Leonard Adelman, son of Houston Rockets coach Rick Adelman, was sentenced to 5 days in jail and 3 years probation following his DUI charge.
David Adelman is the head basketball coach at Lincoln High School in Portland. There, he has been a controversial figure. In fact, his arrest occurred when a private detective hired by the parent of one of his players reported the coach for drunken driving.
Despite the controversy, the school board has said Adelman will keep his job. The arrest occurred in February, but he had a previous arrest in 2005. Parents of team members say they were upset over the fact the school board was not listening to their concerns over Adelman's drinking.
The parent who hired a private detective admitted the action openly. He says the act was not the result of a dispute over playing time, as Adelman has alleged, but out of concern for the safety of the players. The private detective tried to have Adelman arrested several times. On one occasion, Adelman was stopped for suspicion of DUI but cleared during the investigation and never arrested.
Rick Adelman provided testimony in his son's defense, saying he was aware of a dispute between angry parents and the high school coach and believed this was the result. Lincoln High Administration has yet to determine whether they will allow Adelman to stay on as coach even though the school board is not mandating any action.
The angry parent of a member of David Adelman's high school basketball team set up a sting operation to have the man arrested for DUI.
Rick Adelman is the current head coach of the Houston Rockets and a former player. His son David also coaches, but at the high school level. David Adelman is the head coach of the basketball teach at Lincoln High in Portland, Oregon. He was arrested for DUI last February and now facing his trial.
In the opening days of the trial, Adelman's defense attorney presented evidence that the only reason Adelman was arrested was due to the concerns of an angry parent. The parent hired a private investigator to follow Adelman to a bar and then call police when he returned to his car. The defense claims the parents were attempting to discredit Adelman in order to have him fire.
In response, the parents have apparently confirmed everything the defense said. They state the concern was not over whether or not the son of the parent, wealthy financier John Lekas, was getting enough playing time. Parents of team players say they have routinely expressed concerns over Adelman's drinking and behavior. They say they took the matter into their own hands when the administration would not take aggressive steps to repair the problem.
The defense attorney, however, says that Adelman did not give officers probable cause for his arrest. As many are aware by now, a report from a private citizen is not enough to result in a stop for DUI. Rather, an officer must personally observe the person showing signs of intoxication before pulling over the vehicle.
If the officer was acting solely on the private tip, then Adelman's case may be thrown out entirely. Adelman did register a .14% BAC at the time of his arrest. However, he had been stopped previously due to reports he was drunken driving and not arrested.
A police standoff ended in two deaths when an Oregon driver sprayed bullets out of his car, killing himself an an innocent bystander.
The bystander has sadly been identified as Danny Le Gore, 56. He apparently had no connection to the driver; the death is being called random and accidental. Le Gore was shot when a driver went on a rampage, slamming his car into several others and firing out the window.
Police were called to the scene around 1:30 PM on Saturday, November 21. At that point, officers began tailing a Honda Civic driven by Shawn Schumacher, 28, at a high rate of speed. The driver of the car ensued shooting at the pursuing officer.
County sheriffs assisted local officers in ending the pursuit. They did not have time to stop the driver through other means, and their main concern was assuring the safety of others on the roadway. As Schumacher continued to drive dangerously and wield a gun, officers returned fire.
Eventually, the car came to a stop, and officers noted Schumacher was slumped over the wheel of the vehicle. Officers approached, and at that point Schumacher sprung to his feet, emerging from the car with two hand guns and firing at the police. At least one bullet struck a squad car, but no police were injured.
Investigative teams have been deployed to determine exactly how the death occurred. Any time there is an officer involved shooting, it is common for the officers to be placed on paid leave until the investigation is complete. In this case, all officers involved will be on administrative leave until the District Attorney clears them of any potential charges.
Upon searching Schumacher's residence after the incident, police officers found a Mescaline lab. This is a highly dangerous hallucinogen. Officers have requested a complete medical screening to determine if Schumacher was under the influence of alcohol or drugs at the time of the shoot out.
911 dispatchers in Salem, Oregon, responded to a man who called to report a break in of his truck, saying the thief had taken his marijuana, among other items.
21-year-old Calvin Hoover was visiting a local tavern when the theft took place. He told 911 dispatchers he returned to his car to find $400 cash, 3/4 ounce of marijuana and his jacket stolen. He says the pot was worth about $180.
Police attempted to respond to the call, heading to the local tavern where Hoover said he was located. They did not find him, but he redialed 911 to ask why the police had not shown up yet. Dispatchers said Hoover was difficult to understand because he was driving while talking and stopping every so often to vomit.
Eventually, police located the car. Hoover was about 100 feet from the vehicle, supposedly trying to track down his missing pot. Police first took down the theft report. They explained Hoover could face criminal charges for possession of marijuana without a prescription as he was telling them about the missing substance.
Hoover was then booked on charges of driving under the influence of intoxicants. Police would not likely have located the man if he hadn't called 911 twice to report his missing drugs.
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