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Felicia
06-09-2011, 09:36 PM
I have participated in presenting this program to three high schools. The program is very moving and it creates quite the impact on the students.


http://www.ocregister.com/articles/driving-303680-program-students.html?pic=2


Teens learn sobering truth in DUI court
By FRED SWEGLES
2011-06-08 12:48:22

Three days before San Clemente High School's junior/senior prom, nearly 1,600 juniors and seniors got a sobering message Wednesday.



They watched a pair of drunken-driving defendants being sentenced in the school gymnasium and heard heartrending interviews in a video showing how texting and driving can destroy lives, not just of victims but also of the driver at fault.

Through a grant-funded program called Choices and Consequences, Orange County Superior Court Judge Kimberly Menninger set up an actual court in the gym, accepted guilty pleas from defendants and gave them suspended sentences, subject to attending alcohol programs and paying fines.

This was the 15th presentation of the program at Orange County high schools this school year, organizers said. The student body and PTA brought it to San Clemente High, and it had the desired effect.

"It's good to know not to drink and drive and to have everything planned if you do (drink)," said Mikaela Carrillo, an 18-year-old senior. "I will take the keys from (a driver) if they are tipsy and text for them if they need to text someone really badly. I don't think I'll be texting and driving."

In court, a 33-year-old defendant pleaded guilty to driving under the influence after being pulled over at 3:40 a.m. Dec. 10 when an officer noticed his car drifting between lanes.

In the other case, an 18-year-old defendant pleaded guilty to driving under the influence of alcohol and marijuana after being pulled over Jan. 2 just before midnight, driving without headlights.

No one was hurt in either case, but prosecutor Andrew Bugman described other cases that ended in deaths and extended prison sentences. "There's a very thin line between a first-time DUI and 51 years to life and taking someone else's life," he said.

Andrew Sitzer, the defense attorney, said his clients volunteered for the program and received a reduction in fines and fees but still have to go through an alcohol program. Reporters in attendance were asked not to use names, as the defendants were volunteers.

The students heard a motivational speaker, soccer coach Tino Younger, tell how he had stopped drinking and changed his life after six DUIs in his youth, and how he now focuses on changing young lives. "Every choice you make has consequences," he told the audience.

Three students stepped out of the audience, one taking a texting-and-driving test and two trying to pass a field sobriety test wearing "beer goggles" to simulate impairment. "I thought I was on the line," student Chris Dunn insisted. He failed the test.

"Your purpose is not to die at this age - it's just not," Rachel Clark told the audience.

She and Joe Jardine are licensed therapists who travel with the program. They said students sometimes approach them afterward to keep the conversation going. "They're having questions or telling stories," Jardine said. "The seed has been planted."

Sitzer, the defense attorney, said: "I've seen students moved to tears by this program. It's very impactful. A lot of students have told me they're glad we did this program, that these are issues they hadn't thought about in the past."

Judge Menninger told the students that impaired driving is the No. 1 cause of teen deaths. "Believe it or not," she said, "the largest killer of teens isn't so much of them killing themselves while driving but killing their passenger or someone else they run into while driving."

Contact the writer: fswegles@ocregister.com or 949-492-5127

babu21
10-17-2012, 07:10 AM
I was frustrated and confused but only till I went to avail the services of an experienced lawyer for dealing with my DUI case. I want to share the important information with the people sailing in the same boat. As I witnessed the case proceedings, I learnt that majority of DUI arrests follow a stop signal for simple traffic rules violations such as over-speeding or going too slow, lane jumping, failure to provide signal or even for burned out headlight or tail lights, just to name a few. A DUI arrest may also occur after an accident.

If an officer stops you and suspects a DUI case, and asks you to step down from the vehicle, the officer then generally administers field sobriety tests. If the officer is sure of having enough evidence for a DUI, he or she will make the arrest for suspicion of driving under influence. An individual should be aware of his/her fundamental constitutional rights after being arrested and before any further proceeding.

After the arrest, a suspect is to undergo an evidentiary breath test at the police station. However, in few cases, if there is an accident that caused injury to the driver or if the person is deemed incapable of giving a breath test, the authorities may take the driver to a hospital for a blood test.There are many other eye opener details available at the webpage ofan experienced lawyer Mr. Aaron J. Wolff. Get best legal advice on the matters of Drunken driving and other traffic offence cases from Wolf Criminal Defense. See how the experienced DUI defense attorneys at Wolff Defense can help you with your DUI charges.

rockgremlin
10-17-2012, 07:50 AM
Hopefully a few lives will be spared from this program. :2thumbs:

Eric Holden
10-17-2012, 08:36 AM
First, I love how a spammer bought this thread back from the dead.

But since it is an important subject,

Just last night we had a person at one of our homebrew meetings that got trashed and attempted to drive home. First time this has happened at a meeting in 5 years that I have been there. We had myself and two others have to keep him from driving home, take his keys. He got a little belligerent and we ended up having someone drive him home in his car, I followed them and picked up the driver to bring him back to his car... Driving Intoxicated is no joke and as maker of alcohol fully support all DUI programs.

Iceaxe
10-17-2012, 08:43 AM
I never drink and drive.... I use a 7 iron. :lol8:


60161

Iceaxe
10-17-2012, 08:58 AM
If an officer stops you and suspects a DUI case, and asks you to step down from the vehicle, the officer then generally administers field sobriety tests.

And any good DUI lawyer will advise you to decline the field sobriety tests. The test is voluntary.... this will help your cause later on since the officer has to have probable cause to administer a blood test or breath test. If the officer asks you to take a field sobriety test he already assumes you have been drinking and is just collecting evidence.

Now I'm not advocating drinking and driving... because it's a lose-lose situation.... but at least you can limit your losses.... but because I'm not a big fan of how DUI's are enforced (guilty until proven innocent) I asked a promenent DUI lawyer what to do if you were pulled over and had been drinking.

This is what he gave me:


Guide for Drivers Stopped for DUI in Utah
1. Do not answer any questions other than name and address. Ask for your lawyer immediately.
2. Do not agree to perform roadside tests.
3. Do not agree to have your eyes tested.
4. Do not agree to blow into a handheld breath tester.
5. Do NOT consent to a breath or blood test, if you are asked to take one, if you have been drinking.
6. Be polite. Produce requested documents.

*************************************************
Glen W. Neeley, Attorney at Law, P.C.
801-612-1511
863 E. 25th Street
Ogden, Utah 84401

If you refuse the blood test and/or the official breath test you will lose your license, but if you have been drinking you are going to lose it anyways... but they would have a hard time convicting you with those items, which is what I mean by limiting your losses....

....but the problem is just about every drunck thinks they can pass the field sobriety tests.... just know if you are asked to take it you are being setup to fail.

:drink:

rockgremlin
10-17-2012, 09:27 AM
But if a cop pulls you over for probable cause (weaving in your lane, whatever), AND said cop smells alcohol in your car, AND you refuse any field tests the cop can arrest you correct?

Scott Card
10-17-2012, 10:18 AM
I am quite offended that the resident Bogley lawyer, ME, has not been consulted. :haha:

rockgremlin
10-17-2012, 10:37 AM
I am quite offended that the resident Bogley lawyer, ME, has not been consulted. :haha:


So you tell me Scott....what's the answer to my above question?

Scott Card
10-17-2012, 10:56 PM
The answer is yes. Whether they did it legally, well, that depends. The magic legal words are "reasonable suspicion" to pull over and "probable cause" to stop. Likely, weaving (driving pattern) and the odor of alcohol on the person as opposed to odor in the car may be enough. Now a license plate light out and odor is likely not enough to constitute probable cause unless the officer can articulate more facts to show impairment. What cops do is also add things like blood shot eyes, slurred speech, poor balance, flushed face...etc. Then they argue the "totality of the circumstances" for the probable cause and at trial for a conviction. A refusal is not that easy to get around at trial with a driving pattern. The argument is simple. "if he is not guilty then why did he refuse?" What a refusal does is result in the loss of your driver license for a much much longer period of time through the DMV. Ice is right though. Alcohol on the brain tells the driver that he can pass the tests and they almost always then try and fail. Any more info will cost ya. :haha: (actually I am beat from work and old man basketball tonight -- bed time).