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Criminal Defense and DUI/DWI Laws of Connecticut

Monday, January 4, 2010

In Connecticut and Nationwide, Female Drunk Drivers on the Rise

In an interesting story from the Hartford Courant this week, it is revealed that women aren’t only gaining ground in the workplace and other areas of society, but also when it comes to DUI arrests. According to the report, the reasons for this are many.

The percentage of women in drunk driving arrests was 17.4 in 1997 and rose to 21.7 in 2006 in our state. During that time, male arrests for DUI fell as female arrests climbed. Nationally, the trend is similar, women are being arrested more for DUI while the number of men is steadily decreasing.

Experts attribute the climb to many factors including an increase in binge drinking among women as well as an increase in women behind the wheel. The Courant also points to the fact that the law may not be as lenient on women as it once was.

The decrease in DUI’s among men may be attributed to greater social stigma over the past several years or enhanced punishments.

Overall, from 2007 to 2008 there was a decrease in DUI arrests and a decrease in DUI related accidents. This is a positive trend that will hopefully continue. However, the overall rate may decline while the percentage of women still increases.

No matter who you are or what your gender is, you hope for equal treatment, whether in the criminal justice system or elsewhere. The DUI laws in Connecticut aren’t set up to treat people differently and that’s part of the reason a defense attorney is necessary.

Having a defense attorney on your side in court means that there is an advocate for your rights. Believe it or not, the system is designed to protect the rights of the accused; a defense attorney is there to make sure it works.

When facing charges of DUI, you are looking at jail time, fines, and a license suspension. Dealing with these penalties can be very difficult. Dealing with the potential of facing these types of penalties can be extremely stressful.

Call me today to discuss your case and let me help you through this tough point in your life. Let’s take a look at how your arrest was handled and see if we can come up with an effective defense strategy.

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Monday, October 12, 2009

Plea Deal Reached in Connecticut Drunk Driving, Hit & Run Case

Way back in January of this year, 17 year old Jessica Lee was hit while crossing the street at Boston and Central Avenues in Bridgeport. She was thrown onto the windshield of the vehicle and landed “several feet away” according to the Connecticut Post.

Following the accident, 38 year old Darren McDermott of Milford turned off his headlights and continued driving into the night. He was caught and found to have a blood alcohol level of .189. McDermott was also said to have struggled with the police when they tried to take him in to custody.

Since the accident, which left Lee with two broken legs and a concussion, McDermott has been participating in a sobriety program, something that may have helped his chances in getting the plea agreement.

McDermott plead no contest to second degree assault with a motor vehicle, driving under suspension, evading responsibility, and two counts of DUI. The prosecution is recommending he serve a three year prison sentence when he goes back before the judge on December 8th.
Plea agreements are not unusual and typically seek to satisfy both parties involved. Because McDermott was driving on a license that had been suspended for a prior DUI at the time of the accident, the odds were stacked against him.

In some cases the plea agreement states that the defendant will plead guilty while others, as in this case, allow for the defendant to plead “no contest”. No contest simply means he will not argue that the charges against him are false but won’t admit outright to committing the offenses.
It is quite common for one incident to end with multiple charges. A string of law violations isn’t that unusual and in this case the first violation (driving while intoxicated) led to the others (assault, leaving the scene).

If you are facing criminal charges and aren’t sure where to turn, contact me to discuss your case. If the situation doesn’t look good, perhaps we can work something out with the prosecution. However, whatever you choose to do with your case, as your attorney, it is my job to back you up.

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Monday, September 21, 2009

DUI for Connecticut High School Coach

Forty three year old Paul Burke faced a judge this past week on charges of DUI stemming from an arrest that took place over a year ago. Burke pled not guilty last year and it seems his case is finally ready to go forward.

According to The Connecticut Post, the Greenwich high school lacrosse coach crashed his BMW into a wall on Middlesex Road in Darien last year. Police found Burke to be unsteady on his feet with bloodshot, glassy eyes. They took him in where he was found to reportedly have a blood alcohol level of .29 percent.

He wasn’t arrested until two months after the accident, at which time he was charged with DUI and failure to keep right. He was subsequently suspended from his position as coach and history teacher.

Since the suspension, Burke was reinstated on an agreement with the school district stating that any further violations will result in his terminations. The agreement also has Burke submitting to criminal background checks, donating his money to an advocacy group and refraining from drinking in illegal capacities.

As expected, some parents were appalled at the coach’s situation while others defended him. The same can be said with most criminal charges. It is when you are in your darkest moments that you truly find out who is on your side and who is a fair weather friend.

Burke has at least one prior DUI on his record which could impact his sentence if found guilty this time. A first time DUI offense leads to license suspension, jail time, and fines, among other things.

If you are facing DUI charges now, you are likely wondering if your case could take as long as Burke’s to resolve. If we opt to go to trial, it could, though it is unlikely.

Call me with questions about your case today. I am willing to give you a free consultation and we can discuss your options at a greater length.

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Thursday, June 25, 2009

68-Year CT Old Woman Sentenced in DUI Crash

In Bridgeport, 68-year old Barbara Preston was recently sentenced to serve 8 years of a 15 year sentence behind bars according to this article from the Connecticut Post. The harsh sentence was courtesy of Ms. Preston’s multiple offenses and the injuries sustained in the accident.

Last year Preston rear ended 47-year old Lee Everett as he sat at a red light. The force of the impact was so great that it sent Mr. Everett’s pick up about 70 feet, causing it to roll over. Everett was crushed in the accident and spent a month in a coma.

Everett has recovered enough that he was able to speak at the sentencing but his wife states that his insurance benefits are about to run out and he has racked up around $500,000 in medical bills.

This was Preston’s third drunk driving offense. She was found to be over 3 times over the legal limit and had an open beer in her car with her. At sentencing she apologized for the accident.
Preston pled guilty to first degree assault with a vehicle and a third offense DUI. She was sentenced to 15 years with 7 of those suspended.

Even a 1st offense DUI charge can be serious, with no accident or injury. If you are facing a 2nd or 2rd offense DUI, the penalties increase dramatically. For a third offense DUI you face up to 1 year in jail and permanent revocation of your license.

If you have ever faced any DUI charges, you know how inconvenient a license suspension can be. For a first time offense you may face suspension of one year in addition to fines and up to 6 months in jail. In addition, your license suspension can be extended if your Blood Alcohol Content is over .16 or twice the legal limit.

Our attorneys have successfully defended many clients from DUI and related charges. If you are facing any alcohol related charges, we may be able to help. Contact us as soon as possible so we can discuss your case.

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Wednesday, April 29, 2009

UConn Spring Weekend Brings Several Arrests

Every year the students at the University of Connecticut take a break and get their party on. Spring weekend allows the kids to cut loose before cramming begins for final exams. During this time, parties are plentiful and so is law enforcement presence.

This year, like every year before, campus police join forces with State police as well as firefighters and EMT’s to ensure the weekend is as safe as possible. The line of thinking goes something like this: The kids are going to party regardless and we might as well make it as controlled as possible.

Despite the measures taken to keep things safe and under control, there are inevitably arrests, every year. According to WTNH, this year was no different with 12 arrests in the first night.
One of those arrests was UConn football player and co-captain Scott Lutrus who was charged with interfering with police. There was also an assault arrest made on Nikita Guryakov.

Many people think UConn is unfairly targeted and blasted in the media for this weekend when nearly every school in the nation gets a little wild at various times throughout the year. Others think that UConn students and others who frequent the off campus parties during this time, bring shame to the school name. Regardless, the weekend definitely keeps the local police busy as they try to make certain the kids are as safe as possible while they have a good time.

There is a good chance that many of the arrests during this time are for Disorderly Conduct. Disorderly conduct is a Class C misdemeanor. It can carry a potential sentence of up to 3 months in jail and fines reaching $500.

Charges like disorderly conduct or DUI are common among college students. Facing these charges can bring added headaches to young adults that should be focusing on their future. Having an experienced defense attorney to represent them, however, can help put their minds at ease.

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Thursday, February 12, 2009

Connecticut Superior Court Judge Suspended for DUI Tirade

Connecticut Superior Court Judge E. Curtissa R. Cofield was suspended from the bench for 8 months during her hearing before the Judicial Review Council on Monday. Back in October Cofield was arrested for driving under the influence and taken to Glastonbury police headquarters.

Here is where she acted out of character, according to her supporters, and used racial slurs against her arresting officers. While it seems public opinion of Judge Cofield was generally positive, there are many who think her suspension is too lenient.

According to the New Haven Register, the judge had a blood alcohol content of .17, twice the legal limit in Connecticut, at the time of her arrest. She refused to sign documents and called the police names. She insulted their intelligence and told them she was smarter than them.

Judge Cofield was confirmed to the bench in 1991 as the state’s first black female judge. She has served since that time and maintained a clean record of applying and interpreting the law. When she went in front of the council on Monday, the room was filled, mostly with her supporters.

Like all humans, it seems Cofield was going through some stress at the time of the arrest. She had recently lost her father, her mother’s home had burned down, and she was experiencing marital problems. While any one of these could cause undue stress, certainly all three seemed to push her over the edge.

The council could have suspended her for only 60 days or up to 1 year. They also could have asked that the state Supreme Court permanently remove her from the bench. They, instead, settled on an 8 month suspension for this behavior that they determined violated the code of judicial behavior of 5 counts.

Although the article doesn’t reference if the judge was convicted on her DUI charge, there are several punishments she could be facing for that criminal charge.

In Connecticut a DUI can land you an immediate driver’s license suspension, jail time, and fines. Depending on your record you could face up to 3 years in jail for a DUI charge. If you or someone you know is in need of an experienced DUI attorney in CT, contact us.

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Thursday, September 18, 2008

Editorial on Drinking Age Reform

Interesting view on the efforts to pull back the drinking age from 21 to 18 that has been spearheaded by College presidents nationwide and in Connecticut. Known at the Amethyst Initiative, the goal is to treat drinking among young people as a behavioral issue, and not a criminal one.

The reason college presidents are leading this effort is that they find themselves on the front lines of underage drinking. College age alcohol parties are epidemic, and university presidents are put in the position of trying to control this behavior and enforcing these laws. And because enforcement and monitoring is lessened off campus, that's where most of the parties happen. This often leads to students driving drunk to return back to campus.

The larger issue is that studies show because it is illegal, the activity is driven underground, and tends to promote and enable the most irresponsible binge drinking behavior.

It is time for a rational approach to managing this problem. Underage college age drinking isn't going away. If it is out in the open, it is much easier to promote safe drinking habits and the surrounding behaviors.

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Thursday, May 29, 2008

MADD's cozy relationship with Connecticut Law Enforcement

The picture from this article, which shows the Connecticut chapter of MADD (Mothers Against Drunk Driving) at a Crime Victims Awareness event says a lot about how influential this lobbying group has become. MADD is pictured with Connecticut's Attorney General, police officers and Connecticut state prosecutors.

As DUI defense attorneys, we need to constant remind the public of the rights of the accused (not convicted). Innocent until proven guilty is an idea that is sacred in the laws and history of this country, and is enshrined in our most sacred national document, the US Constitution. Yet, in DUI cases, innocent until proven guilty is a rapidly evaporating idea.

These lobbying groups like MADD are in a large part responsible for significant and continuing restrictions to our Constitutional rights.
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If you are facing a DUI / DWI / Drunk Driving charge in Connecticut, please contact us for a free legal defense consultation and evaluation of your case. We can help you decide how to fight your charges in court, and protect your freedom and right to drive.
We never forget how the role of the defense attorney is critical to our rights as citizens.

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Wednesday, July 25, 2007

Alcohol Monitoring SCRAM bracelets coming to CT?

There is a feature on SCRAM bracelets in today's Hartford Courant. Scram stands for Secure Continuous Remote Alcohol Monitor. These bracelets detect alcohol levels in a person's body. They are becoming popular in many states as a substitute for jail time, or a condition of probation for alcohol or drug abuse related charges. Thus far, they are not ordered by Connecticut courts.

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