Pistons’ Caldwell-Pope arrested for DUI

The Detroit Pistons guard Kentavious Caldwell-Pope was arrested for DUI on Wednesday in Auburn Hills, Michigan.  The good news for him is that a his BAC was barely at the legal limit of 0.08.

From the Click on Detroit website:

Detroit Pistons’ star guard Kentavious Caldwell-Pope was arrested early Wednesday on suspicion of drunken driving in Auburn Hills, officials confirmed.

Police said Caldwell-Pope was pulled over around 2:50 a.m. Wednesday on Auburn Road near Squirrel Road after being clocked driving 45 mph in a 25 mph zone.

The advanced roadside impairment officer said when he walked up to the car, he smelled alcohol. He put Caldwell-Pope through sobriety tests and placed him under arrest, police said.

Caldwell-Pope was “very cooperative” with the officer, authorities said. He was issued a ticket for DUI after a Breathalyzer test at the police station registered his blood-alcohol content at 0.08.

The incident came hours after the Pistons’ Tuesday night loss to the Miami Heat, which at the time dropped them 2 1/2 games behind the Heat for the final playoff spot in the Eastern Conference.

Man who crashed car while driving drunk and having sex, killing wife, gets prison term

Alcohol loosens one’s inhibitions and judgment.  This is a case where one man’s poor decisions resulted in a fatal accident that took the life of his wife, got him sent to prison, and left two young children without their parents.

From the Atlanta Journal Constitution (story by Daphne Duret):

Calling it one of “the most senseless, tragic acts” she’s ever come across, a Palm Beach County judge sentenced a 33-year-old Loxahatchee husband and father to five years in prison Wednesday for a 2014 wreck that killed his wife as they had sex while he drove drunk.

The sentence for Matthew Notebaert came just over three years after the death of his wife, Amanda, in a crash that left their two children without a mother and caused a deep rift between the couple’s families that even on Wednesday had her closest friends and relatives split into two camps…

They’d begun drinking from a small flask of Crown Royal they’d sneaked into the concert in her purse, he said, and as they headed back to the area of their Loxahatchee home they called friends looking to hang out. Then at one point they pulled over and became intimate.

By the time he drove on Southern Boulevard, Notebaert said, his wife was sitting in his lap, and his next memory after a turn of the wheel was of waking up in a crashed car next to her body.

Investigators say Notebaert turned onto East Stallion Drive at about 12:30 a.m. and drove the couple’s Chevrolet Equinox at speeds of 55 miles per hour in a 30-mph zone, blowing past three red signs on the dirt road warning of a canal ahead.

The couple’s car hit the canal back so hard, according to arrest reports, that the SUV went airborne for 30 feet and came to rest on the opposite bank of the canal. Amanda Notebaert’s head hit the dashboard and windshield. She died at the scene.

A toxicology report from after the crash stated Matthew Notebaert’s blood alcohol content was nearly twice the level at which Florida drivers are presumed impaired, and investigators said he also had marijuana in his system.

“You had a responsibility to get your wife home safely,” Amanda’s father, Mike Stacey, told Notebaert before asking Johnson to give his son-in-law the “maximum allowable sentence.”

But even prosecutors said under the circumstances, the 10-year minimum recommended under sentencing guidelines was too harsh.

Notebaert’s attorney, Stehpen Bell, asked for no jail time at all, hoping Johnson would award Notebaert probation and keep him with the couple’s now 12-year-old son and 3-year-old daughter.

Assistant State Attorney Danielle Sherriff, on the other hand, echoed Stacey’s sentiments and said Notebaert bares the blame because he was driving. Sheriff said a prison sentence was necessary and asked for a seven-year term.

In the end, Johnson noted Notebaert’s criminal history, saying he has been accused in the past of reckless driving and leaving the scene of a crash. Notebaert’s list of prior cases includes five felonies, Johnson said, and a prosecutor at his May 2014 bail hearing listed previous charges that included cocaine possession, burglary and grand theft.

“This isn’t your first chance. You’ve been to jail before, you’ve been on probation,” Johnson said, adding: “You failed your wife, you failed your children and you failed all your family that is here today.”

Read the whole story here:  http://www.ajc.com/news/florida-husband-having-sex-with-wife-fatal-dui-crash-gets-years-prison/lv6e4ZKN51ixZXaxtncVGM/

Trump Administration signals that a DUI will cause DACA protective status to be removed

From NBC News (story by Tim Stelloh):

Federal authorities targeted a so-called “DREAMer” in Portland, Oregon, over the weekend because of a driving under the influence charge from December, an Immigration and Customs Enforcement spokeswoman told NBC News on Monday.

Francisco Rodriguez Dominguez, 25, was released on unspecified bond from the Northwest Detention Center in Tacoma, Washington, on Monday afternoon, a spokeswoman for the American Civil Liberties of Oregon said.

Federal authorities targeted a so-called “DREAMer” in Portland, Oregon, over the weekend because of a driving under the influence charge from December, an Immigration and Customs Enforcement spokeswoman told NBC News on Monday.

Francisco Rodriguez Dominguez, 25, was released on unspecified bond from the Northwest Detention Center in Tacoma, Washington, on Monday afternoon, a spokeswoman for the American Civil Liberties of Oregon said.

Francisco Rodriguez DominguezACLU of Oregon

Rodriguez Dominguez is one of a handful of detainees who enrolled in the Deferred Action for Childhood Arrivals program, commonly known as DACA, and have been detained under President Donald Trump’s administration.

The program, authorized in 2012, allowed undocumented immigrants who were brought to the United States as children to gain temporary protection from deportation. DACA built upon proposals in the failed DREAM (Development, Relief, and Education for Alien Minors) Act of 2001.

Mat dos Santos, legal director of the American Civil Liberties Union of Oregon, told NBC News that the DUI charge was a misdemeanor, and that Rodriguez Dominguez entered a diversion program and was in the process of completing the program’s requirements when he was detained.

“If they allowed him to complete the program, he wouldn’t have a criminal record at all,” dos Santos said.

Rodriguez Dominguez was brought to the United States from Mexico when he was 5 and has been enrolled in DACA since 2013, the group said in a statement.

That status, which program recipients must renew every two years, is likely current until August, dos Santos told NBC News.

On Sunday morning, dos Santos said, several immigration agents arrived at his family’s home in Portland.

“He went downstairs to tell them he was a DACA recipient,” Dos Santos said. “They said, ‘It doesn’t matter.'”

The Department of Homeland Security has previously said that DACA recipients can lose their protection if they’re found to pose a national security or public safety threat.

The ICE spokeswoman, Rose Richeson, told NBC News that the agency considered driving under the influence to be among the latter.

Dos Santos pointed out that Rodriguez Dominguez was a church volunteer who, through a community advocacy group, helps distribute food to poor families at a local middle school. He described the DUI as a mistake that Rodriguez is being unjustly punished for.

“This is a person who is an upstanding member of our community,” he said. “He was well on his way to making up for his mistake.”

Read the whole story here:  http://www.nbcnews.com/news/latino/immigration-authorities-target-oregon-dreamer-over-dui-n739271

Pirates’ Kang denied visa to enter US after DUI conviction

kang

From CBS Sports:

Friday afternoon Pirates president Frank Coonelly issued the following statement:

A Korean news outlet has reported on a purported development in Jung Ho Kang’s effort to secure permission to travel to the United States for purposes of continuing his career as a member of the Pittsburgh Pirates and added speculation regarding a driving incident in a “third country.”

The facts, as we know them, are that Kang still has not been granted permission to travel to the United States under a work visa.  We continue to work with Kang and his representatives to present materials and information to the appropriate parties in the United States government that we believe establish that Kang should be permitted to travel to the United States under a work visa and we remain hopeful that such a resolution will be reached in the near future.

We have no indication that Jung Ho has had a driving incident in a country other than Korea.

Kang, who has been arrested three times for DUI in South Korea over the years, was sentenced to eight months in prison earlier this month , though the sentence was suspended two years. That means Kang could avoid prison time entirely if he stays out of trouble the next two years.

DUI Crackdown Coming To The South Side This Weekend – Bridgeport – DNAinfo Chicago

https://www.dnainfo.com/chicago/20170323/bridgeport/dui-crackdown-bridgeport-deering-district-saturation-patrol-drunken-driving?utm_source=Bridgeport%2C+Chinatown+%26+McKinley+Park&utm_campaign=1b64a320a9-Mailchimp-CHI&utm_medium=email&utm_term=0_26fa4e0537-1b64a320a9-173124569

“You have a right to an attorney” – but will you actually get to talk to one?

According to the Chicago Tribune, Cook County Chief Judge has issued an order requiring the Chicago Police Department to provide suspects with access to a lawyer upon arrest.  However, the mechanics of how this will work in reality were left murky.

Until this order, when a person is arrested, they are advised of their “Miranda rights” which includes the right to an attorney.  But this is a mere formality; the police will usually encourage the arrestee to “make it easy” on everyone by “explaining” what happened “so you can get out of here.”

Usually, when I get a call from someone that his or her relative has been arrested, it becomes a race for me to get to the station before the “explaining” starts.  If I call up the station to tell them not to question my client until I arrive, I will be told that the “detective is busy right now” and he or she will get back to me “when they get a chance” (i.e., after my client has confessed).

So I was gladdened to see the headlines about Chief Judge Evans Order requiring access to attorneys.  In my mind, I envisioned a public defender or two getting a space at each Chicago Police Station (like the State’s Attorney have) and getting the opportunity to interview and advise each arrestee.  Of course, I also imagined that this would not go over too well with the police, who have no interest in having lawyers interfering with their cases and preventing confessions.

But I am concerned about the lack of implementation in the Order (which I have not read).  According to the Tribune:

But the success of such an order may ultimately depend on the cooperation of Chicago police, who in the past, say legal aid officials, have been reluctant to grant suspects phone calls or give attorneys access to suspects while they’re being questioned.

A Chicago police spokesman said Tuesday the department has agreed to post signs with a phone number for “free legal services” in arrestee areas and outside interview rooms but did not comment on questions about granting phone calls to those in custody.

Posting signs is not much of an improvement.  They are almost certain to go unnoticed.  On the other hand, Cook County Public Defender Amy Campanelli is quoted as saying, “I’m going to make it happen — this is way too important. This is groundbreaking,” she said. “I could have every lawyer do (a rotation) if I don’t get the funding.”  She is an aggressive advocate, and I am convinced she will work hard to provide representation.  But this will be a battle, because I expect that without an Order specifically stating what “access” entails, the PD’s office will face resistance from the CPD.

What do you think?

Illinois considering bill allowing 18 year olds to drink under parent’s supervision

House Bill 494, a bill pending in the Illinois legislature, would allow 18 to 21 year olds to drink beer or wine in the presence and supervision of a parent or guardian, including restaurants whose primary purpose is not the sale of alcohol.

According to Eater Chicago, 10 other states already allow this.  They are Connecticut, Kansas, Louisiana, Massachusetts, Mississippi, Nevada, Ohio, Texas, Wisconsin and Wyoming.

What do you think?

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