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Internet Information Network News Releases for Jan. 26, 2006 - 12:43 pm. Emergency Reports | Sports | Traffic | News Conf | Participants | Terms of Use Clackamas Co. Fire Dist. #1 - Candle probable cause of house fire in Oregon City - 01/26/06 City of Vancouver - Polllard will urge community to "Think Big!" at State of the City address - 01/26/06 Oregon Dept. of Human Services - Agate Beach advisory lifted - 01/26/06 Oregon State Police - Otis Man Arrested on Multiple Charges after Allegedly Throwing Dog out of Moving Car (Photos) - 01/26/06 Oregon National Guard - Oregon ARMY National Guard to aid in search for missing aircraft - 01/26/06 City of Vancouver - Mediation Services seeking volunteers for Mediation Practicum Program - 01/26/06 Vancouver Police Dept. - Police Capture Wanted Fugitive, Richard Walksontop - 01/25/06 Vancouver Police Dept. - Police seek Armed and Dangerous Fugitive - Richard Walksontop - 01/25/06 Clackamas Co. Sheriff's Office - Computer Disks with Customer Identity Information Stolen from Vehicle - Corrected Information - 01/25/06 Portland Fire and Rescue - Fire Destroys 3 Multi-Million Dollar Yachts - 01/25/06 C-TRAN - C-TRAN to Launch North County Connector - 01/25/06 Stevenson-Carson - Stevenson Elementary students win $300 from the Seattle Seahawks foundation - 01/25/06 Tualatin Police Dept. - Police and Community Battle Graffiti - 01/25/06 Oregon Dept. of Human Services - Governor's Commission on Senior Services - 01/25/06 Oregon Dept. of Human Services - Health advisory lifted for water contact at Cannon Beach - 01/25/06 Oregon Dept. of Human Services - Home Care Commission - 01/25/06 Washington Co. Sheriff's Office - 12 Year-Old Boy Struck by Car and Seriously Injured - 01/25/06 Washington Co. Sheriff's Office - Deputies Seek Suspect who Robbed 7-11 at Gunpoint - 01/25/06 Westside Christian High - Westside Christian High School Students have gathered over 500 books for residents in Portland's Old Town. - 01/24/06 City of Gresham - City of Gresham to recognize Speaker Karen Minnis and ODOT at an event on Thursday - 01/24/06 Oregon State Police - Correction: Fatal Auto / Pedestrian Crash - Interstate 5 southbound in Albany area - 01/24/06 Oregon State Police - Correction: Gresham Man Indicted in February 2005 Fatal Crash in Zig Zag (Photos) - 01/24/06 Oregon Dept. of State Lands - Common School Fund provides $22.7 million for Oregon's 198 School Districts - 01/24/06 Oregon Dept. of Human Services - HIV reporting changes - 01/24/06 City of Vancouver - Open Houses scheduled for Columbia Street improvements - 01/24/06 Portland Fire & Rescue - Working Smoke Alarms Save Lives - 01/24/06 Vancouver Police Dept. - Vancouver Police Department to Host 2006 Citizens' Police Academy - 01/24/06 Salem Hospital - Last name of children in Salem fire - 01/23/06 Canby Fire Dist. - Canby fire honors one of canbys oldest residents - 01/23/06 Salem Hospital - Family in South Salem Fire share information - 01/23/06 OHSU - Statement from the family of Rebecca (Emma) Gibson: - 01/23/06 OHSU - OHSU 7 TESLA MRI PROGRESS 2:15 pm Monday - 01/23/06 Westside Christian High - Westside Christian High School students support Union Gospel Mission - 01/23/06 Oregon State Police - OSP Recruits assigned to Arlington, Enterprise, Lakeview, Roseburg, and Oakridge Receive Awards (Photos) - 01/23/06 Clark College in Vancouver - Carrying A Torch for Machining and Welding - 01/23/06 Evergreen - Students, press, and education officials from Taiwan visit Evergreen Public Schools - 01/22/06 Clackamas Co. Sheriff's Office - Shooting Review Board Review Completed Regarding Fouad Kaady - 01/21/06 Salem Fire Dept. - Two people transported to the hospital due to a structure fire - 01/21/06 Oregon State Police - OSP Trooper Recovers Missing M-16 Military Rifle During Traffic Stop north of Bend (Photos) - 01/21/06 Portland Fire and Rescue - 2 Alarm Fire at Terminal 4 in North Portland - 01/20/06 YWCA Clark County - YWCA ANNUAL CELEBRATION TO BE HELD JANUARY 25, 2006 - 01/20/06 YWCA Clark County - Leilani Russell to receive 2005 Val Joshua Racial Justice Award at YWCA Annual Celebration January 25, 2006 - 01/20/06 Oregon Dept. of Forestry - Smoke Management Committee meets Jan. 23, Salem - 01/20/06 Lake Oswego Police Dept. - Change of PIO for Higashi Missing person case - 01/20/06 Oregon Dept. of Human Services - Biopharming Ad Hoc Committee meets Jan. 23 - 01/20/06 Clark College in Vancouver - Jazz Legend John Handy to Perform at Clark College's 44th Annual Jazz Festival - 01/20/06 Portland Fire and Rescue - House Fire on Sauvies Island Destroys Home - 01/20/06 Vancouver Police Dept. - Vancouver Police Rock Band Says Goodbye to Member and Seeks Replacement - 01/20/06 Washington Co. Sheriff's Office - Adult Store Robbed for the Second Time in as many Weeks - 01/19/06 Oregon National Guard - Oregon Soldiers on the road home to Oregon as of 8:10 p.m. - 01/19/06 Oregon National Guard - Fox Troop, 82 Cavalry, Oregon Army National Guard set to arrive at Kliever Armory between 10 and 11 p.m. this evening - 01/19/06 Oregon Food Bank - Community responds! Trucks are rolling in! OFB thanks you! - 01/19/06 Oregon State Police - OSP Trooper Locates Bank Robbery Suspects south of Roseburg (Photos) - 01/19/06 Oregon National Guard - Official Demobilization ceremony set for Fox Troop, 82 Cavalry Corrected copy - 01/19/06 Oregon National Guard - Fox Troop Soldiers, 82 Cavalry, Oregon Army National Guard to return to Oregon tonight - 01/19/06 Oregon State Library - State Library Board of Trustees Meeting - 01/19/06 Oregon State Library - State Library Board Budget Committee Meeting - 01/19/06 Oregon State Police - Update: Photograph Released of Missing Driver Identified in January 11th Yaquina River Incident - 01/19/06 Lancaster Mall - "Get Fit Salem" Health and Fitness Fair at Lancaster Mall - 01/19/06 Clackamas Co. Sheriff's Office - Minor Injury Crash Involving Power Pole - 01/19/06 Clackamas Co. Sheriff's Office - Suspect in Possession of Child Pornography Case Arrested - 01/19/06 Oregon State Police - Update: Double Fatal Traffic Crash - Highway 97 north of Klamath Falls (Photo) - 01/19/06 North Clackamas - Local Student Nominated for National Scholarship Program - 01/19/06 Washington Co. Sheriff's Office - 15 Year Old Struck by Car on SW Scoggins Valley Road - 01/18/06 Oregon National Guard - Oregon National Guard Soldiers return home - 01/18/06 SW Wash. Workforce Development Council - Donor sets up $200,000 trust to benefit Cowlitz County youth - 01/18/06 Oregon Dept. of Forestry - Tillamook State Forest Eyes Fewer Motorized Events - 01/18/06 Oregon National Guard - America's Military History Comes Alive at the 9th Annual Living History Day - 01/18/06 Oregon State Police - 19 Recruit Officers Graduating from Oregon State Police Recruit Training - January 20, 2006 - 01/18/06 North Clackamas - Real Fitness body change contexs to raise funds for N. Clackamas Education Foundation - 01/18/06 Oregon Dept. of Human Services - Mercury in Emigrant Res. fish - 01/18/06 City of Vancouver - Public meeting scheduled to discuss 16th Street Traffic Calming Project - 01/18/06 Clackamas Co. Sheriff's Office - Suspect Arrested in Shooting at Mobile Home Park - 01/18/06 Washington Co. Sheriff's Office - Motorcyclist Identified Who Died in Crash on Scholls Sherwood Rd. - 01/18/06 University of Portland - Dartmouth professor Bernard Gert to speak on "Moral Arrogance and Moral Theories," Feb. 21 - 01/18/06 University of Portland - Buckley Center Gallery will feature ceramic arts exhibition, Feb. 13-March 12 - 01/18/06 Clark College in Vancouver - Top Clark College Students Named to the 2006 All-Washington Academic Team - 01/18/06 Oregon State Police - Enterprise, Oregon Man Arrested for Manslaughter and Other Crimes Related to November 6th Fatal Traffic Crash (Photo) - 01/18/06 Clackamas Co. Fire Dist. #1 - Heavy Rain causes land slide - 01/18/06 Clackamas Co. Sheriff's Office - Grand Jury Returns "Not True Bill" in Officer Involved Shooting from December 15, 2005 - 01/18/06 Oregon State Police - Update #2: Victim Identified in Fatal Traffic Crash - Highway 30 east of Ranier - 01/17/06 Western Oregon University - Media alert: Western Oregon University celebrates Founders Day Wednesday - 01/17/06 Oregon State Police - State Trooper Finds Car Stuffed with Stolen Snack Foods north of Klamath Falls; Four Suspects Cited (Photos) - 01/17/06 Jesuit High - Jesuit Athletes are College Bound - 01/17/06 Vancouver Police Dept. - Vancouver Police Department Media Contact - 01/17/06 Oregon Dept. of Human Services - OSH patient unauthorized leave - 01/17/06 Clark College in Vancouver - Staying the Course at Clark College: The State of the College 2006 - 01/17/06 Salem Fire Dept. - Salem Fire Department Announces New Contest For Kids - 01/17/06 Lancaster Mall - Lancaster Mall Conference Room Now Available - 01/17/06 Tualatin Police Dept. - Man Charged in Assault - 01/17/06 City of Vancouver - Pruning and Tree Care workshop offered to public - 01/17/06 Portland Fire and Rescue - CORRECTION---Two Alarm Fire in N.W. Portland Home - 01/17/06 City of Gresham - Results of Citizen Budget Survey Available - 01/17/06 Oregon State Police - Fatal Traffic Crash - Highway 26 west of John Day - 01/16/06 OMSI - OMSI Receives $275K From Metlife Foundation For Amazing Feats of Aging Exhibit - 01/16/06 OHSU - New Doernbecher Children's Safety Center Open House and Safety Fair, tomorrow Jan. 17 - 01/16/06 University of Portland - John Heily, president of Continental Mills, to give Bauccio lecture in Buckley Center Auditorium, Feb. 15 - 01/16/06 Oregon State Police - Fatal Traffic Crash - Highway 199 near O'Brien in southern Oregon - 01/15/06 Oregon State Police - Update: Vehicle Recovered from Yaquina River; Driver Still Missing Following January 11th Incident - 01/15/06 Vancouver Police Dept. - HANDGUN POINTED AT VICTIM DURING ATTEMPTED HOME INVASION ROBBERY - 01/15/06 Oregon State Police - Update: Suspect Photos re: Crystal Meth Seizure Found During Traffic Stop near Medford - 01/14/06 Vancouver Police Dept. - Stabbing victim recovering at area hospital after being attacked - 01/14/06 Sandy Fire District - Missing Kyaker Found Safe - 01/14/06 Washington Co. Sheriff's Office - Motorcycle Fatal on SW Scholls Sherwood Rd. - 01/14/06 Washington Co. Sheriff's Office - Burglars Hit Multiple Condos - 01/14/06 Oregon State Police - Fatal Traffic Crash - Highway 138E just east of Glide - 01/14/06 Mazamas - MAZAMA MOUNTAINEERING CENTER TO OPEN - 01/14/06 Oregon State Police - Fatal Traffic Crash - Highway 6 west of Banks - 01/14/06 Portland Fire and Rescue - 3 Alarm Fire Heavily Damages Apartment Building - 01/13/06 Clackamas County - Clackamas Co. landslide and road closure update - 01/13/06 Clackamas Co. Sheriff's Office - Owner of Boat and Boathouse Identified - 01/13/06 Multnomah ESD - Multnomah ESD Board of Directors Meeting - 01/13/06 Clackamas Co. Sheriff's Office - Autopsy Findings Released - 01/13/06 ESD 112 - Public Invited to Join AmeriCorps in MLK Day Celebration - 01/13/06 Lake Oswego Police Dept. - Volunteer searcher meeting planned for missing Lake Oswego woman - 01/13/06 OMSI - Northwest Animation Showcase Featuring Local Animators at OMSI Jan 14-15 - 01/13/06 Washington Co. Sheriff's Office - Car Struck by Shotgun Blast While Traveling Along SW Baseline Rd. - 01/13/06 Pacific University - Woman in recent airline incident is former Pacific University professor - 01/13/06 Clark College in Vancouver - Looking for The Next Step in Your Education? Get a Running Start at Clark College - 01/13/06 Washougal - Washougal elementary students to perform Robin Hood - 01/13/06 Oregon Dept. of Human Services - Sacred Heart Certificate of Need - 01/13/06 City of Vancouver - VANCOUVER URBAN FORESTRY SEEKS PARTICIPANTS FOR NEIGHBORWOODS PROGRAM - 01/13/06 Tualatin Police Dept. - Armed Robbery - 01/12/06 Vancouver Police Dept. - Police arrest suspect from Vancouvers Most Wanted - 01/12/06 Greater Vancouver Chamber of Commerce - Patty Murray addresses business leaders, elected officials at Greater Vancouver Chamber luncheon - 01/12/06 Clackamas Co. Sheriff's Office - Clackamas County Sheriff's Office Child Fingerprinting Day with New Iris Scan Technology Offered - 01/12/06 Washington Co. Sheriff's Office - Suspect Shoots at Home and Car in Aloha While Deputies are Responding - 01/12/06 City of Vancouver - Pollard to present 2006 State of the City Address - 01/12/06 West Hills Christian - Regional Accreditation Granted - 01/12/06 Oregon State Police - Update: Man Missing After Vehicle Goes into Yaquina River off Highway 20 east of Newport (Photos) - 01/12/06 Oregon State Police - AMBER Alert Awareness Day - January 13th Marks Ten Year Anniversary of National AMBER Alert System - 01/11/06 Lake Oswego Police Dept. - Missing 79 year old Lake Oswego woman - 01/11/06 Gervais - BINGO Event Planned for January 17th in Gervais - 01/11/06 Oregon Dept. of Human Services - Health advisory issued for Cannon Beach - 01/11/06 ESD 112 - ESD 112 and Vancouver School District receive national award for Russian language video - 01/11/06 Western Oregon University - Founders Day lecture to include history of Oregon and WOU's connection over the years - 01/11/06 Western Oregon University - WOU celebrates 150th anniversary on Founders Day - 01/11/06 Gervais - MR. & MISS GERVAIS PAGEANT SCHEDULED FOR MARCH 11, 2006 - 01/11/06 Washington Co. Sheriff's Office - Detectives Arrest Two, Seize Drugs and Cash - 01/10/06 Oregon National Guard - Additional Photos: Oregon Army National Guard aviators return to Oregon - 01/10/06 Westside Christian High - Local Students Help Support the Muscular Dystrophy Association - 01/10/06 Clackamas Co. Sheriff's Office - Search for Missing Oregon City Man Suspended - 01/10/06 Canby Fire Dist. - Canby Fire District warns of high water - 01/10/06 Oregon State Police - Wanted Predatory Registered Sex Offender Sought by OSP and Coos County Community Corrections (Photo) - 01/10/06 City of Vancouver - Mom-Son Valentine's Gala Swim 2006 - 01/10/06 City of Vancouver - Father-Daughter Valentine's Dance 2006 - 01/10/06 Oregon Food Bank - Public hearing on payday loans set for Jan. 11 - 01/09/06 Oregon National Guard - A Coompany, 249th Aviation, Oregon Army National Guard formal demobilization ceremony set for Tuesday, January 10, 2006 - 01/09/06 Oregon Dept. of Human Services - Meningitis cases - 01/09/06 Salem Public Works - FLOODPLAIN ORDINANCE REVISION PUBLIC HEARING - 01/09/06 North Clackamas - North Clackamas Schools offers free day-long conference for parents - 01/09/06 North Clackamas - Oak Grove Elementary School Music Teacher Honored for Research, Grant - 01/09/06 West Hills Christian - WEST HILLS CHRISTIAN SCHOOL WILL HOST OPEN HOUSE - 01/09/06 North Clackamas - N. Clackamas Parent Institute Offers 4 Free Parent Workshops in January - 01/09/06 North Clackamas - N. Clackamas Schools offer parent classes in Spanish & Russian - 01/09/06 Oregon Dept. of Human Services - Health plans doing more to serve patients, save dollars - 01/09/06 Oregon National Guard - Oregon Army National Guard to assist in search for missing man - 01/08/06 Oregon State Police - DUII Alleged to be Factor in Serious Injury Crash - Stafford Road north of Borland Road - 01/07/06 Vancouver Police Dept. - Missing and Endangered Man Located - 01/07/06 Oregon State Police - Update: Victim Identified in Fatal Traffic Crash - Highway 38 west of Elkton - 01/07/06 Oregon State Police - Update: Wanted Person in Custody in north Eugene area (Photo) - 01/06/06 Oregon National Guard - Army Aviation Unit of the Year, A Company 249 Aviation, returns to Portland from Iraq tomorrow - 01/06/06 Volunteers of America Oregon - George Passadore to Receive 2006 DePreist Award for Excellence - 01/06/06 Oregon National Guard - Oregon Army National Guard units in Woodburn, Lebanon, Clackamas and Salem to reorganize - 01/06/06 Oregon National Guard - Oregon National Guard unit to recieve Army's newest combat service award - 01/06/06 Oregon Dept. of State Lands - State Launches Streamlined Wetland-Waterway Permit; Public Workshops Scheduled - 01/06/06 Washington Co. Sheriff's Office - Stalking Suspect Attempting Escape is Apprehended by Canine (K9) and Deputies - 01/06/06 Vancouver Police Dept. - Man Missing and Endangered - 01/06/06 Oregon State Police - Update: Fatal Auto / Pedestrian Crash - Highway 238 south of Murphy - 01/06/06 Oregon National Guard - 1st Battalion, 162 Infantry to deactivate due to Army Transformation after more than 100 years service to Oregon and the nation. - 01/06/06 City of Vancouver - Raindrops are falling at the Water Center's next Second Saturday - 01/06/06 West Linn Police Dept. - Willamette Primary School burglarized by vandals overnight, 1 suspect caught, 1 at large. - 01/06/06 City of Vancouver - CITY SCHEDULES ANNEXATION INFORMATION FAIRS - 01/06/06 Oregon State Police - Fatal Traffic Crash - Highway 38 near Drain - 01/06/06 Oregon State Police - OSP Trooper Stop south of Coos Bay Leads to Discovery of Nearly 5 Pounds of Marijuana (Photos) - 01/06/06 Volunteers of America Oregon - Volunteers of America Oregon 2006 Caregiver Training Series - 01/06/06 Washington Co. Sheriff's Office - Armed Robbery at Adult Video Store Nets Cash and Merchandise - 01/05/06 Washington Co. Sheriff's Office - Plane Crash Near North Plains Kills Pilot - 01/05/06 Clackamas Co. Sheriff's Office - Wilsonville Deputies Arrest Suspect Caught Looking into 12-year-old Girl's Bedroom - 01/05/06 Jesuit High - Finding God in All Religions: The Jesuit Approach - 01/05/06 Jesuit High - 36th Annual Food Drive Achieves Goal - 01/05/06 Union Gospel Mission - Union Gospel Mission sees demand for meals increase 8% in 05 - 01/05/06 City of Vancouver - City seeks applicants for neighborhood consolidated funding requests - 01/05/06 Corbett - Corbett Elementary School Ready for Students on January 9th - 01/05/06 City of Vancouver - Hewlett-Packard and City of Vancouver partners in community greening project - 01/05/06 C-TRAN - C-TRAN's Salmon Creek Shuttle Begins Service January 9 - 01/05/06 YWCA Clark County - Keep that Resolution to Help Others: Volunteer for YWCA Clark County - 01/05/06 Oregon Dept. of Human Services - Tobacco sales to minors - 01/05/06 Vancouver Police Dept. - Injured Pedestrian Identified - 01/04/06 Clackamas Co. Sheriff's Office - Clackamas County Sheriff's Office Marine Unit Rescues Man on Wave Runner - 01/04/06 WA School for the Blind - Washington School for the Blind is holding community auditions for "Bye Bye Birdie" - 01/04/06 Washougal - Local teacher recognized for creativity in the classroom - 01/04/06 Clark College in Vancouver - Celebrating the Life and Dreams of Dr. Martin Luther King, Jr. - 01/04/06 Oregon State Police - OSP Trooper Arrests and Cites 120-MPH Driver on Interstate 205 (Photo) - 01/04/06 Corban College - Corban presents Mike Sullivan - 01/03/06 Oregon State Police - Update: Names Released in Fatal Traffic Crash - Interstate 5 southbound north of Cottage Grove - 01/03/06 Oregon State Police - Update: Victim Identified in Fatal Traffic Crash - Highway 216 east of Pine Grove - 01/03/06 US Army Corps of Engineers, Portland Dist. - Corps says dams operated as designed following heavy rains - 01/03/06 North Clackamas - North Clackamas School Board invites comments on final bond package - 01/03/06 Oregon State Police - Date Correction: OSP Trooper Finds Missing Northeast Oregon Woman Safe near La Grande - 01/03/06 Clackamas Co. Sheriff's Office - Search Warrant Served at Residence of Deputy David Verbos - 01/03/06 North Clackamas - N. Clackamas Education Foundation fundraiser re-scheduled for April 22 - 01/03/06 City of Vancouver - Tree Talk Workshop set for Jan. 24 - 01/03/06 Oregon State Police - OSP and ODOT Report Fatalities and DUII Arrests Up During New Year's Holiday Period - 01/03/06 Preliminary information gathered by Oregon State Police and Oregon Department of Transportation (ODOT) noted increases in traffic fatalities and impaired driver arrests during the 78-hour New Year's holiday between 6:00 p.m., December 30, 2005, and 11:59 p.m., January 2, 2006. The ODOT Fatality Analysis Reporting System (FARS) preliminary report indicates that six people died in 5 separate fatal traffic crashes during this year's period. Last year, three people died during a similar time period. The following is a review of this New Year's holiday period fatal traffic crashes: *; On Friday, December 30th, at approximately 9:15 p.m., the Oregon State Police Portland Area Command troopers investigated a two-vehicle crash on Highway 99E south of Oregon City that resulted in the death of a 57-year old southeast Portland man. The victim was not using safety restraints, and toxicology tests will be completed to determine if alcohol was a contributing factor. *; On Sunday, January 1st, at approximately 3:00 a.m., the Portland Police Bureau investigated a single vehicle crash on SE Ramona near SE 67th Avenue that resulted in the death of one person. Safety restraint use information is not known. *; On Sunday, January 1st, at approximately 11:20 a.m., the Oregon State Police Banks work site troopers investigated a single vehicle crash on Highway 26 west of Banks resulting in the death of a 25-year old Vancouver, Washington man. The death was caused after a large tree fell into the pickup that the victim was a passenger in. *; On Monday, January 2nd, the Multnomah County Sheriff's Office investigated a two-vehicle crash on the westbound on ramp to Interstate 84 from Wood Village that resulted in the death of a Gresham couple, ages 58 and 52. The victim's car reportedly experienced electrical problems and was disabled when a Hummer sport utility vehicle hit it from behind. *; On Monday, January 2nd, at approximately 5:35 p.m., the Oregon State Police Grants Pass and Central Point troopers investigated a fatal auto / pedestrian crash on Highway 238 near Murphy. A 44-year old Grants Pass woman was struck and killed by a pickup as she was on foot in the traffic lane. OSP troopers arrested more DUII drivers this year (2006) than the previous two years. This year, 88 DUII drivers were arrested with nearly half (41) coming after midnight on January 1st. The OSP Springfield Area Command office reported the highest number of DUII arrests with 13, of which 9 occurred New Year's night, followed by OSP offices in Salem (11 DUII arrests), Portland (10 DUII arrests), Central Point (8 DUII arrests), and Klamath Falls (7 DUII arrests). In 2005, troopers arrested 74 DUII drivers. In 2004, a total of 75 DUII drivers were arrested. In addition, other OSP-involved incidents included: *; In southern and western Oregon, troopers assisted ODOT and other emergency response agencies with reports of flooding, down trees, and mud/land slides on area highways. *; On January 1st at approximately 2:10 a.m., an OSP Sergeant paced a 1994 Honda Civic eastbound on Interstate 84 near 182nd Avenue at 115 mph, making bad passes and cutting other cars off. JASON M. PERRY, age 20, was charged with Reckless Driving. *; On January 1st at approximately 2:13 a.m., a 17-year old female operating a 1983 Toyota nearly sideswiped an OSP Sergeant's patrol car on Highway 26 west of Welches. Troopers stopped the car and subsequently arrested the teen driver for DUII and Minor in Possession of Alcohol. Two other teenage passengers were also cited for Minor in Possession of Alcohol. *; On January 1st at approximately 5:00 a.m., an OSP trooper out of Springfield responded to a report of a commercial truck and semi-trailer in the median of Interstate 5 south of Cottage Grove. The investigation revealed the driver stole the truck in Drain and drove north before striking an abandoned vehicle into the lanes of travel. The suspect continued driving north until he got stuck in the median. The suspect, LARRY M. VANDECOEVERING, age 40, from Drain, was arrested for Unauthorized Use of a Motor Vehicle, Hit & Run, Reckless Driving, and Criminal Mischief Second Degree. ### www.oregon.gov/OSP ### Clackamas Co. Sheriff's Office - Deputy Involved in Officer Involved Shooting Incident Identified - 01/03/06 Lancaster Mall - American Red Cross Blood Drive at Lancaster Mall - 01/03/06 Greater Vancouver Chamber of Commerce - U.S. Senator Patty Murray to provide federal legislative update at Chamber Luncheon - 01/03/06 OHSU - OHSU MRI DELIVERY UPDATE 10:30 PM 1/2/06 - 01/02/06 Vancouver Police Dept. - Pedestrian in critical condition after being struck by a car - 01/02/06 Vancouver Police Dept. - Vancouver Police Arrest Burglary-Kidnap Suspect - 01/02/06 Salem Fire Dept. - Salem Fire Fighter Rescues Man Stranded on Top of Vehicle Due To Swift Waters - 01/02/06 Washington Co. Sheriff's Office - Man Stabs Two People With Scissors While Holding Baby. - 01/02/06 Washington Co. Sheriff's Office - Update On New Years Eve Crash - 01/01/06 Oregon State Police - Update: Victim Identified in Fatal Traffic Crash - Falling Tree Hits Pickup on Highway 26 west of Banks (Photograph) - 01/01/06 OHSU - OHSU NEW YEAR'S BABY - 01/01/06 Washington Co. Sheriff's Office - Hit & Run Crash Leaves Victim Badly Injured and Suspect in Custody - 01/01/06 Salem Fire Dept. - Salem Fire Fighter Rescue Stranded Motorist Due To Fast Rising Waters - 12/31/05 Clackamas Co. Fire Dist. #1 - New Public Information Officer for Clackamas Fire District #1 - 12/31/05 Oregon State Police - Fatal Traffic Crash - Highway 99E south of Oregon City - 12/31/05 Oregon Dept. of State Lands - Property owners may need approval for high water, erosion control - 12/30/05 Clackamas County - Clackamas County flooding update for 12-30-05 - 12/30/05 Clackamas Co. Sheriff's Office - Grand Jury Returns "Not a True Bill" in Officer Involved Shooting Dec. 22, 2005 - 12/30/05 Oregon Dept. of Human Services - Agate beach health advisory issued - 12/30/05 Clackamas Co. Sheriff's Office - officer involved shooting 12/28/05 - information release - 12/30/05 Oregon State Police - Death Investigation - Highway 551 south of Wilsonville - 12/29/05 Oregon State Police - Update: Victim Identified in Fatal Traffic Crash - Highway 97 north of Madras (Photos) - 12/29/05 North Clackamas - North Clackamas School District Seeks Budget Committee Members - 12/29/05 Oregon Dept. of Forestry - Forest Resources Institute gains two new members - 12/29/05 Washington Co. Sheriff's Office - Concentration Camp Survivor Donates Money to the Elder Safe Program and Thanks the Washington County Sheriff's Office - 12/29/05 Oregon National Guard - National Guard Prepares to Respond to Wildfires, Floods - 12/29/05 Oregon State Police - Critical Injury Crash - Highway 97 north of Klamath Falls (Photos) - 12/29/05 Stevenson-Carson - Stevenson-Carson School District Events (not including sporting events) January 1-31, 2006 - 12/29/05 Washington Co. Sheriff's Office - Loose Horse Causes Collision on Hillsboro Hwy - 12/29/05 City of Gresham - Citizen Budget Survey Closes on December 31 - 12/29/05 Oregon State Police - Celebrate Responsibly, Driving Safely - 2006 New Year's Holiday Weekend (Photo) - 12/29/05 Oregon State Police - Update: Death Investigation - north of Milton Freewater - 12/28/05 City of Vancouver - City collects two awards for excellence in budgeting and financial reporting - 12/28/05 Ore. State Fire Marshal - Keep chimneys and fireplaces clean to avoid fires during the New Year holiday - 12/28/05 Oregon Dept. of Human Services - New statewide school tobacco policy - 12/28/05 Oregon State Police - Boxing & Wrestling Commission Meeting Schedule - 2006 - 12/28/05
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DUI LAWS › DUI Illinois DUI LAW › Free Consultation Find a DUI LAWS Lawyer :: Select Your State :: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming › About 1800 DUI LAWS › DUI Laws by State › DUI Arrests by State › Drinking and Driving › Your First DUI › DUI Drugs › DUI Laws Dictionary › BAC Calculator › Field Sobriety Tests › Driver License › The Science › Breathalyzers › Jail Alternatives › Ignition Interlock › Criminal Courts › Designated Drivers › DUI Insurance › DUI Schools › Tell a Friend //-- › Order Your DMV Record › Link to DUI LAWS › Contact Us › Why Expungement? › Expungement 101 › Felony Expungement › Rehabilitation & Pardon › Case Evaluation › Traffic School Info › About The Content › About The Quizzes › About The Final Exam › Student Comments › DUI Chat › For Attorneys Only › Website Development Illinois DUI LAW Choose your Illinois county to locate a DUI LAW Lawyer in your area. :: Select a County :: Adams County Alexander County Bond County Boone County Brown County Bureau County Calhoun County Carroll County Cass County Champaign County Christian County Clark County Clay County Clinton County Coles County Cook County Crawford County Cumberland County DeKalb County De Witt County Douglas County DuPage County Edgar County Edwards County Effingham County Fayette County Ford County Franklin County Fulton County Gallatin County Greene County Grundy County Hamilton County Hancock County Hardin County Henderson County Henry County Iroquois County Jackson County Jasper County Jefferson County Jersey County Jo Daviess County Johnson County Kane County Kankakee County Kendall County Knox County Lake County La Salle County Lawrence County Lee County Livingston County Logan County McDonough County McHenry County McLean County Macon County Macoupin County Madison County Marion County Marshall County Mason County Massac County Menard County Mercer County Monroe County Montgomery County Morgan County Moultrie County Ogle County Peoria County Perry County Piatt County Pike County Pope County Pulaski County Putnam County Randolph County Richland County Rock Island County St. Clair County Saline County Sangamon County Schuyler County Scott County Shelby County Stark County Stephenson County Tazewell County Union County Vermilion County Wabash County Warren County Washington County Wayne County White County Whiteside County Will County Williamson County Winnebago County Woodford County Illinois counties - map view Illinois DUI cases are referred to as DUI, drunk driving, or driving under the influence. No matter what they are called, if you or someone you care about is charged with an Illinois DUI or drunk driving offense, you would be well served to retain a qualified defense lawyer . DUI arrests in Illinois trigger two separate cases: the court case, where the punishment can include jail, fines, a suspended driver's license, required alcohol education classes, and more. A drunk driving arrest will also trigger an administrative driver's license suspension that can only be fought if there is a timely request for a hearing. This is just one of the reasons it is so very important to contact a DUI lawyer immediately by calling Toll Free 1.800.DUI.LAWS if you or someone you care about is charged with drinking and driving. Even though this may seem like double-punishment for one crime (a violation of the Double Jeopardy clause of the Constitution) , the Illinois Supreme Court recently held that a summary suspension of a driver's license is not punishment and therefore does not violate the double jeopardy clauses of the Illinois or U.S. Constitutions. The DUI Court Case A first-time or second-time DUI is typically charged as a misdemeanor, not a felony. However, a third-time DUI, or a drunk driving case where someone suffers great bodily harm will be treated as a felony. A first offender can receive court supervision, only once, which will not be viewed as a conviction. The criminal case is dismissed after successful completion of court supervision, but can't be expunged from the public record. DUI convictions: Driving under the influence of alcohol and/or drugs will cause mandatory revocation of your driver's license, plus criminal penalties of up to 364 days in jail and a fine up to $2,500. If you are convicted of a DUI, your driver's license and driving privileges will be revoked for a minimum of one year for the first offense, five years for a second offense committed within a 20-year period, and 10 years for a third or subsequent offense. DUI conviction for those under age 21 at the time will result in your driving privileges being revoked for a minimum of two years for your first offense; for five years or until your 21st birthday, whichever is longer, for your second offense; and for 10 years for a third or subsequent offense. If you meet conditions set by the Secretary of State, you can get a restricted driving permit, good for 1 year, which generally allows driving only between 5 a.m. and 9 p.m. After that, you can apply for (but are not assured of getting) a regular driver's license. Those are the penalties for a first offense. For a second offense within 20 years, the same criminal penalties apply, your license will be revoked, and you cannot apply for another license for 5 years. You can also be sentenced to 48 hours in jail or 10 days of community service. For a third conviction, which is a class 4 felony, you can be imprisoned up to 3 years and fined up to $25,000; your license will be revoked; and you cannot apply for another one for 10 years. For a fourth offense, you can be imprisoned up to 3 years, fined up to $25,000, and can NEVER AGAIN legally drive. The DUI Driver's License Case (Statutory Summary Suspension) If you are arrested for Driving Under the Influence (alcohol, drugs or combination thereof) and test above the legal limit (.08%) or refuse to submit to a test, your license will be suspended starting 46 days after the arrest as the result of an action automatically taken by the Secretary of State. Before the suspension starts, you may request to have a hearing in court , which will stop the suspension. Also, you may be eligible for a Judicial Driving Permit license for work or medical reasons while your license is suspended. If a person refuses to submit to chemical testing or submits to a test disclosing a blood alcohol concentration of .08 or more, his or her license will be suspended on the 46th day from the date of service with a notice of suspension (also known as the law enforcement sworn report) . The length of suspension is as follows: Three months for "first offenders" (those without prior DUI's in the past five years) who have an alcohol concentration of .08 or more. One year for persons with a BAC of .08 or more who are not first offenders. Six months for "first offenders" who refuse any or all testing; and Two years for those who refuse chemical testing who are not "first offenders." The term "first offender," as used in the above paragraph, is somewhat misleading. Those with a prior DUI conviction, court supervision, or reduction to reckless driving more than five years before the date of current arrest are considered first offenders even though they are ineligible for court supervision on the criminal charge of DUI. It is proper to inform a person that he is a first offender even though he is not eligible for court supervision because the civil suspension and criminal proceedings are separate and distinct. Judicial driving permits Only first offenders are eligible for judicial driving permits. JDPs are issued by the judge, and allow a person to drive to and from home to work, school, medical treatments (for any family member) and alcohol treatment from the 31st day of the suspension until the end of the suspension period. Non-first-offenders who fail chemical testing may apply for a restricted driving permit from the Secretary of State. Non-first-offenders who refuse chemical testing are ineligible for any hardship licensing during the entire two-year period. However, a recent case has held that the lack of hardship relief to non-first-offenders who refuse testing violates equal protection and due process, and thus the trial court rescinded the two-year suspension. This case is presently on direct appeal to the Illinois Supreme Court. Read more about Illinois DUI / DWI Law . › Statutory Basis for Summary Suspension and Length of Suspension › Statute of Limitations for Summary Suspension › Timely Hearin › Burden of Proof in Summary Suspension Hearing › Summary Suspension Rescission Grounds › Requests to Admit › Requests to Produce › Foundational Requirements for Alcohol Tests › Service of Notice › Summary Suspension Confirmation › Defective Pleadings › Warning to Motorist › Right to an Attorney › Right to Choose Type of Chemical Test › Invalid or Inaccurate Chemical Test Results › Evidence of Malfunctions or Repairs of Chemical Testing Equipment › Belching › Medication › Anonymous Tips › Crossing Center Line › Odd Driving Behavior › Fourth Amendment Violations › Private property › Due Process and Appearance Date › Failure of Arresting Officer to Appear -- :: Previous page :: :: top :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. 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Field Sobriety Testing In Field Sobriety Testing In Illinois - Science V. Law - DUI Attorney Illinois Name: Email: Tell us about your problem Or click here for a more comprehensive form RAMSELL & ARMAMENTOS, LLC MEMBER, AMERICA'S TOP DUI & DWI DEFENSE ATTORNEYS TM 1-800-DIAL-DUI© ILLINOIS DUI DEFENSE CASES ILLINOIS CRIMINAL DEFENSE CASES Hyperlinking widget for 1-800-Dial-DUI and dialdui.com DUI Field Sobriety Testing In Illinois - Science V. DUI Laws By Donald J. Ramsell In People v. Bostelman (2d Dist. 2001) 2-00-0850, the Second District Appellate Court was called upon to decide whether field sobriety tests were admissible in the absence of evidence that the tests were generally acceptable under scientific principles or in the particular field in which they belong, as recognized by Frye v. United States , 293 F. 1013, 1014 (D.C. Cir. 1923). The Bostelman court, in holding that field sobriety tests need not comply with Frye , stated that the field sobriety tests “measured abilities that are tested innumerable times throughout the average day of the normally active person”, and therefore are not subject to attack under Fyre principles. The fundamental problem in the Bostelman decision is that it implicitly holds that police officers may create any number of physical or mental “exercises“ and then refer to them as “sobriety tests”. In fact, two of the “tests” given by the officer in Bostelman , namely the alphabet test and count backwards test, have never been validated as reliable indicators of intoxication. The three remaining tests in Bostelman , i.e., the One-Leg Stand test, the Walk-and-Turn test, and the Horizontal Gaze Nystagmus test have only been validated as reliable indicators of intoxication when they are properly administered and properly scored in strict compliance with National Highway Traffic Safety Administration (NHTSA) standards. According to NHTSA, the failure of an officer to comply with proper administration and scoring compromises the validity of these tests entirely. National Highway Traffic Safety Administration “DWI Detention and Standardized Field Sobriety Testing Student Manual, Section VIII, 2000, AVA 20839-BBOINA, National Technical Information Service, Washington, D.C. 2000. In the late 1970's, NHTSA was called upon to develop a battery of reliable standardized field sobriety tests to aid in the detection of drunk drivers. The result was the One-Leg Stand test, the Walk-and-Turn test, and the Horizontal Gaze Nystagmus test. According to NHTSA, laboratory research revealed that the One-Legged stand test was 65% accurate in identifying subjects whose blood alcohol concentrations were 0.10 or higher, the Walk-and Turn was 68% accurate, and the HGN was 77% accurate. A large scale field valuation study was then performed in 1982 and 1983. As per NHTSA, this large scale validation study was the first significant assessment of the “workability” of the standardized field sobriety tests (SFSTs) under actual enforcement conditions, and it was the first time that completely objective clues and scoring criteria had been defined for the tests. U.S. Department of Transportation, N.H.T.S.A., US DOT HS 178 r10/95, “DWI Detection and Standardized Field Sobriety Testing, Student Manual”, Section VIII Page 11 (1995). If field sobriety tests simply “measure abilities that are tested innumerable times throughout the average day of the normally active person”, as suggested by the Bostelman decision, then why is the error rate as high as the 35% reported by the National Highway Traffic Safety Administration? The problem with the Bostelman decision rests truly not with the Court, but with the record on appeal upon which the Court was required to rule. The Bostelman appeal centered on the defendant’s claim that his trial counsel was ineffective for not seeking to exclude, as lacking foundation, the arresting officer’s testimony concerning the field sobriety tests defendant underwent and the arresting officers subsequent opinion concerning defendant’s state of intoxication. The recitation of the trial court proceedings by the Bostelman court suggests that the types of tests given and the procedures employed by the officer were virtually uncontested by his trial attorney. No evidence was introduced about the fallibility of field sobriety testing or about the manner in which these tests were administered. Had the record contained evidence gleaned from field sobriety student manuals, published scientific studies or testimony from experts on field sobriety testing, perhaps the Bostelman Court would have rendered a different decision. Two recent decisions from other jurisdictions did have adequate records on appeal with which to rule regarding the admissibility of so-called field sobriety tests; State of Ohio v. Homan (2000) 89 Ohio St. 3d 421 and U.S. v. Horn (2002 U.S. Dist. Ct. Maryland) 00-946-PWG. In State of Ohio v. Homan , supra , the Ohio Supreme Court held that in order for the results of a field sobriety test to serve as evidence of probable cause to arrest, the police must have administered the test in strict compliance with standardized testing procedures. The Homan court noted that “when field sobriety testing is conducted in a manner that departs from established methods and procedures, the results are inherently unreliable”. Unlike Bostelman , the Supreme Court of Ohio acknowledged that “experts in the areas of drunk driving apprehension, prosecution and defense all appear to agree that the reliability of field sobriety test results does indeed turn upon the degree to which police comply with standardized testing procedures.” Citing from the extensive study performed by the National Highway Traffic Safety Administration, the Homan court stated: “The NHTSA concluded that field sobriety tests are an effective means of detecting legal intoxication “only when, the tests are administered in the prescribed, standardized manner, . . . the standardized clues are used to assess the suspect’s performance [,and] . . . the standardized criteria are employed to interpret that performance.” It would seem that if, as Bostelman implicitly suggests, performing sobriety tests is simple, then an officers ability to administer and score the tests in a standardized manner should be equally as simple. Requiring the use of validated, standardized field sobriety testing in Illinois in order to avoid the possibility of erroneous arrests for drunk driving is a concept whose time has arrived, especially in light of the heightened penalties that have been attached to drunk driving convictions. The Bostelman decision actually took a step backwards. Whereas prior caselaw had suggested that the officer must receive formal training in the administration of field sobriety tests ( People v. Sides 199 Ill. App. 3e 203 (1990)), the Bostelman court stated that no such training is necessary. Rather, Bostelman states that “so fundamental are such exercises of balance, coordination, and basic recognition to the activity of the average person that ‘even a layperson is competent to testify regarding a person’s intoxication from alcohol, because such observations are within the competence of all adults of normal experience,’ (citing to) People v. Workman , 312 Ill. App. 3d 305, 310 (2000).” In the Northeast Multi-Regional Training (NEMERT) Alcohol and Drugged Driver Detection Manual, used to train many of the patrol officers in the Chicagoland area, it states that: “The recommended test battery consists of the nystagmus gaze test , the walk and turn test , and the one leg stand test . The administration and scoring of these tests have been standardized so they can be used in the way that makes them as sensitive as possible in detecting alcohol impairment. If the standardized administration and scoring procedures presented in this manual are not followed, then the decision-making guidelines are no longer accurate”. The devoid record presented to the Bostelman court left it uninformed on the science behind SFSTs, and left the court in the untenuous position of either affirming the trial court’s guilty verdict or establishing a far-reaching decision in DUI cases in Illinois in the face of a defendant who did virtually nothing to prove that the tests given to him were somehow unfair or improperly administered and scored. As stated in U.S. v. Horn , 00-946 PWG (2002 U.S. Dist. Ct. Maryland) “this highlights an inherent limitation in the process of judicial evaluation of the reliability and validity of any scientific or technical evidence: the court must . . . act as “gatekeeper” to decide whether the evidence is reliable and admissible. The court, however, is limited in its ability to do so by the quantitative and qualitative nature of the evidence produced by the parties, whatever research the court may do, and any help it may derive from courts that have addressed the issue before it. This process unavoidably takes place on a continuum, and a court faced with the present task of deciding the admissibility of scientific evidence must exercise care to consider whether new developments or evidence require a reevaluation of the conclusions previously reached by courts that did not have the benefit of the more recent information. In short, neither science and technology may rest on past accomplishments – nor may the courts.” U.S. v. Horn , id at p. 12-13 fn. 15. In United States v. Horn , supra, the District Court of Maryland reviewed extensive caselaw, received a multitude of studies and medical articles, and heard testimony from a variety of experts on both sides regarding the validity and reliability of standardized field sobriety testing. After hearing, the Court ruled that: The results of properly conducted SFSTs may be considered for probable cause or at trial; The results of SFSTs cannot be used to prove a specific blood alcohol concentration; There is a well-recognized causal connection between the ingestion of alcohol and exaggerated H.G.N.; A police officer trained and qualified to perform SFSTs may testify to his observations, if properly administered, but may not use value-added descriptions to characterize the subject’s performance, such as saying the subject “failed the test” or “exhibited” a certain number of “standardized clues” during the test; If the Government introduces evidence of nystagmus, the defendant may bring out either during cross-examination or by asking the court to take judicial notice of the fact that there are many causes of nystagmus other than alcohol ingestion; and If otherwise admissible, the police officer may give lay opinion testimony that the defendant was Driving Under the Influence, but he may not bolster the testimony by reference to any scientific, technical or specialized information learned from law enforcement or traffic safety instruction. U.S. v. Horn , id at pp. 3-5. In many respects, Horn follows Bostelman’s theory that a police officer may testify (just as any other layperson) that someone is under the influence of alcohol. Horn , however, makes clear that the police officer is not to be misrepresented to the jury or judge as some kind of expert, unless the government establishes that he is otherwise so qualified. Horn also recognizes the prejudice to the defendant that accompanies testimony regarding non-validated and non-standardized field sobriety testing by prohibiting non-standardized tests from being introduced into evidence. The Horn ruling is based upon and supported by a variety of scientific and technical resources, which will be further discussed in this article. As stated previously, the three SFSTs (HGN, One-Leg Stand, and Walk-and-Turn) were developed on behalf of the National Highway Traffic Safety Administration beginning in the 1970's. Amongst the reports discussing the development of the SFSTs is a June 1977 final laboratory study of subjects dosed to varying blood alcohol levels prepared for NHTSA by Dr. Marcelline Burns and Herbert Moskowitz Ph.D. entitled “Psychophysical Tests for DWI Arrests”. DOT-HS-802-424, National Technical Information Service, Washington, D.C. (1977). This is the study which found the HGN 77% accurate, the One-Leg Stand 65% accurate, and the Walk-and-Turn test 68% accurate in detecting impaired drivers. A March 1981 final report prepared for NHTSA by Dr. Burns titled “Developments and Field Test of Psychophysical Tests for DWI Arrest” recommended the use of the present three test SFST battery. Tharp V, Burns M and Moskowitz H, DOT-HS805-864. National Technical Information Service, Washington, D.C., 1981. In 1982, a field evaluation of the three SFSTs was begun, where battery-trained police officers recorded data on 1,506 drivers stopped for “suspicion of DWI’, as well as a review of data recorded on an additional 1,000 drivers stopped for DWI in other states. The results of that field evaluation were reported in “Field Evaluation of a Behavioral Test Battery for DWI, Research and Development”, U.S. Department of Transportation, NHTSA, D.O.T. HS-806-475 (Sept. 1983 NHTSA Technical Note). This study reported that the HGN test was 82% accurate, the One-Leg Stand 78% accurate and the Walk-and-Turn 83% accurate in the detection of DWI offenders. The authors of the 1983 report noted that there were significant reasons to be extremely cautious about the data collected and the conclusions drawn regarding the effectiveness of the field sobriety tests that were used. First, officers were not randomly assigned to different groups, so outcomes may have been affected by selection and assignment bias. Second, and most important, in the great majority of cases the drivers were given portable breath tests prior to the arrest decision, so the officers evaluation of the field sobriety tests may have been affected by this knowledge of the drivers reported alcohol concentrations prior to the arrest decision having been made. As a result of these studies, in 1984 the NHTSA published their first field sobriety testing manual, “Improved Sobriety Testing”, U.S. Department of Transportation NHTSA (1984) DOT HS-0-421-018. It stated that “if the standardized testing and scoring procedures in this Manual are not followed the decision making guidelines will not be accurate”. Amongst the important aspects noted in the 1984 NHTSA Improved Sobriety Testng Manual’s administration and scoring of the procedures, is that the officer is told to “be sure to mention [to the suspect] that part of your evaluation will be based upon how well he follows instructions and performs exactly as demonstrated”. With regard to the HGN test, officers are informed to “check yourself monthly with (a 45 degree template) to be sure that your accuracy has been sustained”. The manual also notes that, the onset point at a BAC of 0.10 is about 40 degrees (the 45 degree angle correlates to 0.05 BAC). For the Walk-and-Turn test, the manual notes that the instructions should be given “exactly” as contained in the manual. The manual further states that the officer should observe the suspect from three or four feet away and remain motionless during the suspects performance of the Walk-and-Turn test, because excessive motion will make it more difficult for the suspect to perform, “even if he is sober”. “People more than 60 years of age, over 50 pounds overweight, or with physical impairments should not be given this test”. Further, according to the manual, “the Walk-and-Turn test requires a line that the suspect can see”. The 1984 NHTSA Manual also notes that the One-Leg-Stand test requires adequate lighting. “In total darkness, the One-Leg-Stand is difficult even for sober people”. Again, the officer should be at least 3 feet away and remain relatively motionless. “Being too close – just as in the Walk-and-Turn Test – makes the test more difficult” states the manual. The officer is instructed to time the One-Leg-Stand Test and to terminate it after the end of the count by the suspect or after 30 seconds, if the person counts slowly. Since 1984, the essential ingredients of Standardized Field Sobriety Testing has remained unchanged. That is, field sobriety tests are only valid when properly administered and properly scored in strict compliance with NHTSA standards. The reason for this is obvious - the tests measure not just balance and coordination, as noted in Bostelman , but they also measure a person’s ability to follow instructions exactly, even when their balance is unimpaired from alcohol. Many studies have been published in scientific or medical journals which are highly critical of these Standardized Field Sobriety Tests. These studies either criticize an officer’s actual administration and scoring of the tests – i.e., “they don’t do them as trained and instructed”, or they are critical of the reported accuracy of the tests in gauging impairment. In a study written by Dr. Spurgeon Cole, Ph.D., Dr. Cole is highly critical of the reliability of the SFSTs when used to prove impairment or alcohol levels. In “Field Sobriety Tests: Are they designed for Failure?” Perceptual and Motor Skills (1994), Dr. Cole analyzed the 1977 NHTSA report, the 1981 NHTSA report and the 1983 NHTSA Field Evaluation report, and observed the following (as reported in the Horn decision supra ): 47% of the subjects in the 1977 NHTSA laboratory study who would have been arrested actually had BACs below 0.10; in the 1981 NHTSA report, 32% of the subjects were incorrectly judged to have BAC’s at or above 0.10; the accepted reliability coefficient for standardized clinical tests is .85 or higher, yet the reliability coefficients for the SFSTs as reported in the NHTSA studies, ranged from .61 to .72 for the individual tests and .77 for individuals that were tested on two different occasions while dosed to the exact same BAC. More alarming, inter-rater reliability rates (where different officers score each subject) ranged from .34 to .60, with an over-all rate of .57. As further stated in Horn : Dr. Cole’s study theorized that the SFSTs, particularly the Walk-and-Turn and One-Leg-Stand tests, required subjects to perform unfamiliar, unpracticed motions and noted that a very few miscues result in a conclusion that the subject failed and had a BAC in excess of 0.10. His hypothesis was that individuals could be classified as intoxicated/impaired as a result of unfamiliarity with the test, rather than actual BAC. He tested this hypothesis by videotaping twenty-one completely sober individuals performing either “normal-abilities tests” (such as reciting their addresses or phone numbers or walking in a normal manner) or the Walk-and-Turn and One-Leg-Stand tests. Id . The results of Dr. Cole’s study were that 46% of the officers that viewed the videotape of the sober individuals performing the SFSTs rated the subjects as having had too much to drink, as compared to only 15% reaching this decision after seeing the videotape of the subjects performing the normal-abilities tests. Horn , supra. Dr. Cole concluded: “[The SFSTs] must be held to the same standards the scientific community would expect of any reliable and valid test of behavior. This study brings the validity of field sobriety tests into question. If law enforcement officials and the courts wish to continue to use field sobriety tests as evidence of driving impairment, then further study needs to be conducted addressing the direct relationship of performance on these and other tests with driving. To date, research has concentrated on the relationship between test performance and BAC and officers’ perception of impairment. This study indicates that these perceptions may be faulty.” Horn , supra . In “End-position nystagmus as an indicator of ethanol intoxication”, Science and Justice 2001, Vol 41: pp 113-116, published by the Forensic Science Society, the Horizontal Gaze Nystagmus test was studied under clinical experimentation. The authors concluded that the HGN has a high baseline error and a dose/response relationship that varies greatly depending upon whether the subjects BAC concentration was rising or falling. Further, the officers noted that videotapes recorded by cameras in police vehicles revealed that police officers rarely comply with the minimum requirements of the nystagmus examination procedures for which they were trained and certified. The Science and Justice study further stated that fatigue testing determined that subjects had distinct nystagmus in one or both eyes after being awake for an average of 11.2 hours. Distinct nystagmus was noted in 55% of the group after being awake an average of 24.5 hours. In 52 videotapes of officers who arrested persons for Driving Under the Influence, only one officer conducted the HGN test in a manner consistent with the approved procedures. The study stated that “the HGN test has routinely been applied in situations where a high incidence of false positives is to be expected.” In a survey of police surgeons who attended a training seminar devoted to use of the Standardized Field Sobriety Tests pioneered in the United States (and are the subject of discussion herein), 44% of the police surgeons expressed reservations with the use of the SFSTs. “Drugs Driving - standardized field sobriety tests: a survey of police surgeons in Strathclyde” Journal of Clinical Forensic Medicine (2001) Vol. 8: pp 57-65. In an article entitled “Psychology, Public Policy and the Evidence for Alcohol Intoxication” American Psychologist 1070 (Oct. 1983) a series of experiments performed at Rutgers University’s Alcohol Behavior Research Laboratory to test the ability of social drinkers, bartenders and police officers’ abilities to estimate the sobriety of individuals was reported. Each group was charged with reliably judging an individual’s intoxication. All three subject groups – the social drinkers, the bartenders, and the police officers – correctly judged the subjects level of intoxication only 25 percent of the time. In other states, the laws regarding the admissibility of field sobriety tests (other than HGN) is largely unsettled. In Hawaii, the courts held that the One-Leg Stand and Walk-and-Turn are non-scientific in nature, but the prohibited the officer from testifying that a person “passed” or “failed” these tests without laying a proper foundation. State v. Ferrer 23 P.3d 744 (Hawaii Ct. App. 2001). Conclusion The Bostelman decision perpetuates an urban myth that sobriety tests– any sobriety tests whether nonvalidated or improperly administered by a police officer – are reliable indicators of intoxication. This decision passes to the jury the unenviable task of weighing upon the validity and reliability of field sobriety tests in the vacuum of the jury room. Had the Bostelman court been given the information that was received into the record by the Homan court or the Horn court, perhaps their decision would have been different. Defense counsel would be well advised to do their homework and be well prepared when defending a client charged with Driving Under the Influence when the testimony rests upon questionable field sobriety exercises or improperly administered or improperly scored Field Sobriety Tests. Further, even when performed properly, counsel should be prepared to establish that these tests are not foolproof, and have been the subject of criticism in the legal, scientific and medical communities. About The Author Donald J. Ramsell is the founding Director of Ramsell, Armamentos & Klis, L.L.C. in Wheaton, Illinois. His firm has defended over 7,000 DUI cases since 1986. Recently, Donald was certified as a field Sobriety Testing Instructor using NHTSA Standards. About Our Firm About Our Attorneys 40 Ways to Beat a DUI Illinois DUI Law Resources DUI Articles and Information DUI Case Highlights Criminal Defense Criminal Case Highlights Letters from DUI Clients Free Case Review Office Location Contact Us National Attorney Directory Free Case Review Blood Alcohol Calculator Nationwide DUI Attorney Directory Home Site Map © 2006 Ramsell, Armamentos & Klis, Attorneys At Law, L.L.C.
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First DUITexas DWI Guide: Lawyers, Attorneys and Drunk Driving Defense Laws Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Texas Topics Texas DWI Texas Car Insurance Texas DWI Lawyers Google Search Results Texas DWI Information What Happens To First Time Offenders in Texas? In Texas, the first offense of DWI is a Class B misdemeanor that carries a range of punishment of up to a 180 days in the county jail and/or a fine of up to $2,000.00. First Offense: Up to a $2,000 fine. 72 hours to 180 days in jail. Driver's license suspension: 90 days to 1 year Possible 24 - 100 hours of community service work. You will have to complete a DWI education class (two four hour classes) within 6 months of your conviction to avoid a suspension of your driver's license. Administrative License Revocation Hearing: Chemical Test According to Texas Transportation Code, section 524.022 a refusal to submit to the taking of a breath specimen will result in a 90-day driver's license suspension if the person's driving record shows no alcohol or drug related enforcement contact in the previous 10 years. If a person shows one or more alcohol or drug related enforcement contact in the previous 10 years, then their license will be suspended for one year. To preserve your right to drive in Texas, you must request a hearing within 15 days of when you received a Notice of Suspension (usually the date of arrest). If you requested a hearing to contest your license suspension, you will be able to continue driving until the hearing. If you lose at the hearing, you can not drive after the hearing. If you fail to request this hearing, your license will be suspended automatically upon the fortieth (40) day from the date you received the "Notice of Suspension". License Suspension: Your license suspension time periods vary depending on several factors. Refer to your "Notice of Suspension" for the one that applies to you. If your license is suspended, and you have no prior alcohol-related license suspensions, you are eligible for an occupational driver's license. This does not grant you 24/7 driving privileges. By law, the Judge can only grant you between 4 and 12 hours of driving per day. If you have special or "essential needs" for other driving (such as Court ordered child visitation, etc.), the Judge may grant permission to drive other than to and from work. If your license is suspended there is a state surcharge to retain your license while it is suspended. The surcharges are as follows: For a DWI 1st conviction: $1,000.00 per year, assessed over a three year period (total $3,000.00). Probation: Frequently, your jail sentence may be probated for one year. $1,500.00 of your fine is often probated, and your driver's license suspension is often probated. This means that you will not have to do the 180 days in jail if you fulfill certain requirements for one year, that you will only pay $500.00 of the fine if you fulfill certain requirements for one year, and your driver's license will not be taken from you if you fulfill certain requirements for one year. This "deal" is a contract between you and the court. The contractual terms are simple. The judge promises not to put you in jail, not to make you pay the entire fine and not to take away your driver's license. In exchange, if you agree to the probation, you are usually agreeing to fulfill certain requirements such as the following: report once a month to a probation officer. not to commit any further crimes during the term of probation. to pay a monthly supervisory fee to the probation office (approximately $40.00). to perform a specified number of community service hours during the term of your probation (between 24 and 80 hours) (community service is volunteer work to benefit the community). to attend DWI awareness classes dealing with the effects of alcohol or listening to victims of DWI related tragedies. to abstain from consuming alcohol for the term of your probation. to pay your non-probated fines and court costs. 8) to submit to a breath test by law enforcement or court personnel upon request. to install an alcohol ignition interlock device on your car and only drive a car equipped with such as device. to make a $50.00 donation to M.A.D.D. and/or Crime Stoppers. to remain within the county of your residence unless given permission by the court to leave it. any other requirements the court sets for you. These requirements may vary, and the Judge is not required to offer probation. Texas Implied Consent Law: If arrested for DWI, you may refuse to take the requested test. However, such a refusal can result in the following penalties: Suspension of your driving privileges for 180 days if this is your first arrest for DWI. An ALR hearing is a civil action separate from the criminal case where the Department of Public Safety will attempt to suspend your license for your refusal or failure to take the offered test. DWI Under 21: The law states that a minor commits an offense if he or she operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system. If you're under 21, here's what happens the first time you are stopped for drinking and driving. 60-day driver's license suspension up to a $500 fine 20 to 40 hours of community service mandatory attendance in alcohol-awareness classes If you're under 21, here's what happens the first time you are found in possession of alcohol. Any amount of beer, wine or liquor will trigger these penalties. 30-day driver's license suspension up to a $500 fine 8 to 12 hours of community service mandatory attendance in alcohol-awareness classes First Offense Under 18: If you are under age 18 the court will require your parent or guardian to be present with you at every court appearance. Furthermore, the parent or guardian can be forced to attend by the court. Upon conviction, a minor may be fined, and will be required to complete a minimum of 20 and a maximum of 40 hours community service related to education about or prevention of misuse of alcohol. Additionally, the minor will be required to attend an alcohol awareness program sponsored by the Texas Commission on Alcohol and Drug Abuse within 90 days. Furthermore, if the minor is under age 18, the court may require the minor's parent or guardian to attend the program with the minor. If the minor fails to complete the alcohol awareness course within the 90 day period the court may impose an additional license suspension up to six months. For a first offense the minor may receive deferred adjudication, however, an order of deferred adjudication for DUI is considered a conviction. If the minor receives only one conviction for DUI (while a minor), that conviction may be expunged from his record after his 21st birthday. If you're under 18, here's what happens if you're stopped for drinking and driving with a blood alcohol concentration of .08 or greater. Some people, particularly teenagers, can reach a .08 BAC with two or three beers an hour. up to a $2,000 fine 72 hours to 180 days in jail driver's license suspension of 90 days to one year Other Possible First Offender Penalties: First Offense DWI with an open alcohol container: All the penalties referenced under First Offense (above), plus: A minimum 6 days in jail. DWI with a child passenger: To drive while intoxicated if there is another person in the vehicle who is under 15 years of age is a state felony. Punishment is confinement to state jail for any term of not more than 2 years or less than 180 days and a fine not to exceed $10,000.00. DWI with an accident where serious bodily injury occurred: This crime is called intoxication assault, and upon conviction you may serve a minimum of 2 years up to a maximum of 10 years in jail. Additionally, you may be fined up to $10,000.00. (3rd Degree Felony). DWI where a death has been caused: This crime is intoxication manslaughter. Upon conviction you might have to pay a maximum fine of $10,000.00 and/or be imprisoned from 2 to 20 years (Intoxicated Manslaughter or Manslaughter with use of Deadly Weapon are both 2nd Degree Felonies). Home > State By State Help > Texas DWI DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute All Rights Reserved Send eMail Advertise With Us
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DUI / DWI, Drinking 
