Madison — Texting while driving would be banned under a bill passed overwhelmingly Tuesday by the Assembly.
The measure, adopted 89-6, also would prohibit motorists from typing on their computers and phones when they are behind the wheel.
The limits are the latest attempt by legislators to address the growing concern of inattentive driving by users of electronic devices.
Some legislators said the measure didn't go far enough - they wanted an outright ban on cell phone use while driving. But legislative leaders said there isn't support for stricter controls.
The Senate approved a texting ban in October, but it differs from the version passed by the Assembly.
One key difference is that the Assembly bill would allow motorists to text when their car is stopped. The Assembly measure also has stronger penalties.
The two chambers would have to work out the differences before sending it to Gov. Jim Doyle, who supports a ban. The bill would take effect seven months after it was signed by the governor.
Both chambers are controlled by Doyle's fellow Democrats.
Nineteen states and Washington, D.C., ban all drivers from texting behind the wheel, according to the National Conference of State Legislatures.
"We're sending a message that texting is not a safe driving practice," said Rep. Mike Huebsch (R-West Salem).
"This is more serious than driving drunk because your eyes are off the road for just too long," said Rep. Peter Barca (D-Kenosha), a bill author. "Make no mistake about it: People are killed - killed - by people texting messages."
Some lawmakers expressed concerns the penalties were too stiff, especially because they would often be imposed on teenagers who couldn't afford to pay them.
"When laws become too onerous, police will not enforce them," said Rep. Marlin Schneider (D-Wisconsin Rapids), who ultimately voted for the bill.
Lawmakers decided to eliminate a mandatory minimum penalty of $100 for the first offense, but left the maximum at $400. Subsequent offenses would cost $200 to $800.
Source
Sunday, February 28, 2010
Monday, February 15, 2010
Victim's Family Struggles to Cope Following Davies Accident
ARLINGTON, Va. -- Jan Roberta thought nothing of it when her daughter didn't answer the phone.
"I got up that Tuesday morning and went to the gym," says Roberta. "When I got done, I called Ashley to wake her up for breakfast. She didn't answer her phone. I thought maybe she forgot."
Roberta found out a couple hours later why her daughter never answered. Ashley Roberta was killed in an early morning crash Oct. 13 that also critically injured U.S. national soccer team member Charlie Davies.
The Infiniti SUV driven by Ashley's friend, Maria Espinoza, was so mangled in the wreck that it's taken weeks to reconstruct what occurred around 2:30 AM ET. There were no skid marks to estimate how fast Espinoza was going when the car left George Washington Parkway.
Court documents released in December claim the unnamed driver -- who FanHouse learned was Espinoza -- had alcohol on her breath. The U.S. Park Police, the agency investigating the wreck, has not released Espinoza's blood alcohol level and the police report has yet to been made public.
Peter Carr, spokesman for the United States Attorney for the Eastern District of Virginia, said that the case is still "in the investigation phase" and no decision has been made to prosecute Espinoza, who sustained minor injuries and was released from the hospital a few hours after the accident.
"She's functioning about as well as can be expected," says Robert M. Schwartzman, Espinoza's lawyer. "She is certainly distraught over the loss of a dear friend and the injury to the young man. She is extremely upset about the entire situation. She's very sorry for the families of the other folks involved."
Schwartzman said he doesn't know of any pending charges against his client.
Davies, 23, was supposed to play later in the day against Costa Rica at nearby RFK Stadium when he met up with Espinoza and Roberta, who just finished a shift pitching Red Bull at Washington bars. The three left the Shadow Room in northwest D.C. around 1:30 AM, although it was not known where they were going.
Davies could not be reached for comment.
Just before the accident, court papers claimed Ashley Roberta yelled, "Watch out" before the car struck a guard rail. Authorities said, in the court papers first reported by the Washington Post, that they are using the car's GPS system to help determine how fast they were going. Metal experts have also been brought in to help judge Espinoza's car speed.
A couple came upon the scene, according to Jan Roberta, and called 911 at 2:34 AM.
Davies lay in a hospital bed after five hours of surgery with an injured bladder and several broken bones as his teammates tied Costa Rica, 2-2. Roberta, 22, was pronounced dead at the scene of the horrifying single-car crash that sliced the luxury SUV in half.
Jan Roberta along with her husband, Mike, saw the car days later in an impound lot.
"Looking at it, you had to walk around it four or five times to put it all together in your mind," Jan Roberta says. "You see two pieces of the car, it broken in half. You can't even mentally picture how that happened. It's impossible to figure out. It was brutal. Absolutely brutal."
Family and friends understand why the focus of news stories has been Davies, a forward who was slated to be a cog in this year's World Cup for Team USA. They, however, feel that people didn't get a glimpse of the only life taken in the wreck.
"Nobody knows her story," says Jennie Morgan, one of Ashley's best friends dating to their freshman year at a Baltimore all-girls Catholic high school. "I feel sorry for the soccer player and the fact he may have lost his entire career. I have no bitterness towards him."
Roberta was very much the goofball, Morgan says, and didn't mind going for the cheap laugh that would embarrass others.
"She thought some of the grossest things were funny even though she was one of the prettiest girls in school," Morgan says. "We'd die laughing. We'd ask, 'What's wrong with you?' She was so carefree."
Their track coach at Mercy High playfully accused both Morgan and Roberta of only joining the team for bikini season. Roberta, however, was also a good student. After a short stint at the University of Tennessee, she transferred to the University of Maryland, where she graduated last spring and planned on attending law school. At College Park, she met Espinoza.
Espinoza's parents are both physicians. Her father, Igor Espinoza-Delgado, is a senior investigator of the Cancer Therapy Evaluation Program at the National Institutes of Health. Her mother works at an area hospital.
Outside of a couple condolence cards, Jan Roberta says Espinoza and her family have had no contact with them.
"They say they are genuinely sorry about our loss," Jan Roberta says. "She (Maria Espinoza) hasn't called. That's upsetting since the blood is on her hands."
Source
"I got up that Tuesday morning and went to the gym," says Roberta. "When I got done, I called Ashley to wake her up for breakfast. She didn't answer her phone. I thought maybe she forgot."
Roberta found out a couple hours later why her daughter never answered. Ashley Roberta was killed in an early morning crash Oct. 13 that also critically injured U.S. national soccer team member Charlie Davies.
The Infiniti SUV driven by Ashley's friend, Maria Espinoza, was so mangled in the wreck that it's taken weeks to reconstruct what occurred around 2:30 AM ET. There were no skid marks to estimate how fast Espinoza was going when the car left George Washington Parkway.
Court documents released in December claim the unnamed driver -- who FanHouse learned was Espinoza -- had alcohol on her breath. The U.S. Park Police, the agency investigating the wreck, has not released Espinoza's blood alcohol level and the police report has yet to been made public.
Peter Carr, spokesman for the United States Attorney for the Eastern District of Virginia, said that the case is still "in the investigation phase" and no decision has been made to prosecute Espinoza, who sustained minor injuries and was released from the hospital a few hours after the accident.
"She's functioning about as well as can be expected," says Robert M. Schwartzman, Espinoza's lawyer. "She is certainly distraught over the loss of a dear friend and the injury to the young man. She is extremely upset about the entire situation. She's very sorry for the families of the other folks involved."
Schwartzman said he doesn't know of any pending charges against his client.
Davies, 23, was supposed to play later in the day against Costa Rica at nearby RFK Stadium when he met up with Espinoza and Roberta, who just finished a shift pitching Red Bull at Washington bars. The three left the Shadow Room in northwest D.C. around 1:30 AM, although it was not known where they were going.
Davies could not be reached for comment.
Just before the accident, court papers claimed Ashley Roberta yelled, "Watch out" before the car struck a guard rail. Authorities said, in the court papers first reported by the Washington Post, that they are using the car's GPS system to help determine how fast they were going. Metal experts have also been brought in to help judge Espinoza's car speed.
A couple came upon the scene, according to Jan Roberta, and called 911 at 2:34 AM.
Davies lay in a hospital bed after five hours of surgery with an injured bladder and several broken bones as his teammates tied Costa Rica, 2-2. Roberta, 22, was pronounced dead at the scene of the horrifying single-car crash that sliced the luxury SUV in half.
Jan Roberta along with her husband, Mike, saw the car days later in an impound lot.
"Looking at it, you had to walk around it four or five times to put it all together in your mind," Jan Roberta says. "You see two pieces of the car, it broken in half. You can't even mentally picture how that happened. It's impossible to figure out. It was brutal. Absolutely brutal."
Family and friends understand why the focus of news stories has been Davies, a forward who was slated to be a cog in this year's World Cup for Team USA. They, however, feel that people didn't get a glimpse of the only life taken in the wreck.
"Nobody knows her story," says Jennie Morgan, one of Ashley's best friends dating to their freshman year at a Baltimore all-girls Catholic high school. "I feel sorry for the soccer player and the fact he may have lost his entire career. I have no bitterness towards him."
Roberta was very much the goofball, Morgan says, and didn't mind going for the cheap laugh that would embarrass others.
"She thought some of the grossest things were funny even though she was one of the prettiest girls in school," Morgan says. "We'd die laughing. We'd ask, 'What's wrong with you?' She was so carefree."
Their track coach at Mercy High playfully accused both Morgan and Roberta of only joining the team for bikini season. Roberta, however, was also a good student. After a short stint at the University of Tennessee, she transferred to the University of Maryland, where she graduated last spring and planned on attending law school. At College Park, she met Espinoza.
Espinoza's parents are both physicians. Her father, Igor Espinoza-Delgado, is a senior investigator of the Cancer Therapy Evaluation Program at the National Institutes of Health. Her mother works at an area hospital.
Outside of a couple condolence cards, Jan Roberta says Espinoza and her family have had no contact with them.
"They say they are genuinely sorry about our loss," Jan Roberta says. "She (Maria Espinoza) hasn't called. That's upsetting since the blood is on her hands."
Source
Saturday, November 28, 2009
Utah drivers get the message
The growing concern over texting while driving has reached a peak in an unlikely place: Utah. Florida legislators should pay attention.
Utah, with its Republican legislature and generally conservative values, not only has banned texting while driving but labeled it as inherently reckless -- much like driving under the influence.
Under a law passed in May, a motorist caught texting and driving faces up to three months in jail. If the driver causes death or injury, he or she could be sentenced to 15 years in prison. The law was in response to a car crash that killed two scientists.
"It's a willful act," Lyle Hillyard, a Republican state senator, told The New York Times. "If you choose to drink and drive or if you choose to text and drive, you're assuming the risk."
More than a dozen states ban texting while driving, but usually as a misdemeanor involving a relatively small fine.
Florida has no ban whatsoever.
That needs to change -- and will if the Legislature finally passes and the governor signs a bill proposed by state Rep. Doug Holder, R-Sarasota.
Holder's legislation
Holder filed anti-texting bills in the last two legislative sessions, but they went nowhere. He recently filed another one for next spring's session.
Holder's bill would prohibit operating "a moving motor vehicle while reading, manually writing or typing, or sending a message on an electronic wireless communications device." Exceptions are made for reporting a crime, summoning medical or emergency help, or trying to prevent injury.
The penalty under Holder's measure, however, is fairly soft. A violation would be "a noncriminal traffic infraction, punishable as a nonmoving violation." Violators could be assessed a fine and community service.
The cautious nature of Holder's bill, and of similar laws passed in other states, is understandable. Texting is a relatively new practice and enforcement of a ban can be difficult. It's hard for officers to see a small electronic device inside a vehicle. Efforts to confiscate phone records to determine when a driver was texting are subject to search-and-seizure and privacy defenses. Even if the records are obtained, it's difficult to prove a driver was texting while the car was moving rather than idled at a stoplight.
Yet, both research and the Utah case suggest that the Legislature should not only pass but toughen Holder's bill.
Recognize the dangers
Studies show that "texting drivers regularly focus on their screens for stretches of more than five seconds," The New York Times has reported. That's enough time for a car going 60 mph to travel more than the length of a football field.
Research at the University of Utah shows that texting car drivers are eight times more likely to crash than drivers who aren't texting. The Virginia Tech Transportation Institute found that truckers who text while driving are 23 times more likely to cause a crash or near-crash than truckers who don't.
To charge a texting driver with recklessness, legal experts say, a prosecutor must prove that the driver knew of the risks.
The severity of the Utah law and the nationwide publicity it has attracted have helped make drivers in that state recognize the dangers involved when they text.
Drivers in Florida should understand those risks as well.
Source
Utah, with its Republican legislature and generally conservative values, not only has banned texting while driving but labeled it as inherently reckless -- much like driving under the influence.
Under a law passed in May, a motorist caught texting and driving faces up to three months in jail. If the driver causes death or injury, he or she could be sentenced to 15 years in prison. The law was in response to a car crash that killed two scientists.
"It's a willful act," Lyle Hillyard, a Republican state senator, told The New York Times. "If you choose to drink and drive or if you choose to text and drive, you're assuming the risk."
More than a dozen states ban texting while driving, but usually as a misdemeanor involving a relatively small fine.
Florida has no ban whatsoever.
That needs to change -- and will if the Legislature finally passes and the governor signs a bill proposed by state Rep. Doug Holder, R-Sarasota.
Holder's legislation
Holder filed anti-texting bills in the last two legislative sessions, but they went nowhere. He recently filed another one for next spring's session.
Holder's bill would prohibit operating "a moving motor vehicle while reading, manually writing or typing, or sending a message on an electronic wireless communications device." Exceptions are made for reporting a crime, summoning medical or emergency help, or trying to prevent injury.
The penalty under Holder's measure, however, is fairly soft. A violation would be "a noncriminal traffic infraction, punishable as a nonmoving violation." Violators could be assessed a fine and community service.
The cautious nature of Holder's bill, and of similar laws passed in other states, is understandable. Texting is a relatively new practice and enforcement of a ban can be difficult. It's hard for officers to see a small electronic device inside a vehicle. Efforts to confiscate phone records to determine when a driver was texting are subject to search-and-seizure and privacy defenses. Even if the records are obtained, it's difficult to prove a driver was texting while the car was moving rather than idled at a stoplight.
Yet, both research and the Utah case suggest that the Legislature should not only pass but toughen Holder's bill.
Recognize the dangers
Studies show that "texting drivers regularly focus on their screens for stretches of more than five seconds," The New York Times has reported. That's enough time for a car going 60 mph to travel more than the length of a football field.
Research at the University of Utah shows that texting car drivers are eight times more likely to crash than drivers who aren't texting. The Virginia Tech Transportation Institute found that truckers who text while driving are 23 times more likely to cause a crash or near-crash than truckers who don't.
To charge a texting driver with recklessness, legal experts say, a prosecutor must prove that the driver knew of the risks.
The severity of the Utah law and the nationwide publicity it has attracted have helped make drivers in that state recognize the dangers involved when they text.
Drivers in Florida should understand those risks as well.
Source
Sunday, November 15, 2009
New texting while driving ban law goes into effect today
Apparently it’s serious enough for a new Missouri law going into effect today that prohibits drivers of 21 years of age or younger from sending, reading or writing electronic messages while driving.
“Young people will be forced to at least keep their fingers off their keyboards while they drive,” said Leanna Depue, director of Highway Safety or the Missouri Department of Transportation. “The law is a small step toward counteracting some of the distracted driving that causes crashes in Missouri.”
For parents who have their teens sons or daughters whine about the new law, about such laws “invade their privacy,” tell them to jump on You Tube and watch a horrific public service announcement from Wales, United England, concerning the bloody consequences of a text-driven accident on a multi-lane highway.
In the video — just type in “PSA Texting Wales” — it shows three giggling teens in a car trying to text a good looking guy and, as we often see in real life, paying little attention to the road. It then shows their vehicle smashing head-on with a second car in the opposite lane. Seconds later, a third vehicle smashes into the first two.
One of the most chilling parts is a beautiful baby with sky-blue eyes that, sadly, ddoesnt survive the collision. In another car, a little girl in the backseat begs and pleads through tears for her “mommy and daddy” to wake up — they don’t. It’s creepy, powerful and worth the few minutes for Carthage parents and their teens to view together.
Text crashes
Eighty percent of crashes involve some form of driver distraction, and teens admit texting is the No. 1 thing that diverts their attention while driving. Half of all teen drivers say they send text messages while driving.
“I used to do it,” said Sandy Miers, 23, with a guilty smile. “I don’t do it anymore, but I used to.
“Most of the time it happened (in parking lots or red lights), but sometimes it would” happen while she drove down the street.
According to a recent study by Virginia Tech Transportation Institute, distracted driving is the leading cause of traffic crashes in Missouri and nationwide.
Studies show texting drivers spend up to 400 percent more time with their eyes off the road.
“With cars traveling at 70 mph, it is horrifying to realize so many young, inexperienced drivers don’t have their eyes on the road,” Depue said.
At a recent public forum earlier this year, a montage of photos showed, in MTV-like rapid shots, photos of wrecked cars and trucks and the destruction such vehicle can wrought when out of control — twisted metal, burning rubber and mutilated, bleeding corpses of young teens.
“That’s something that we in law enforcement see quite a bit,” said Sgt. Mike Watson, a trooper with the Missouri State Highway Patrol.
And cell phones are sometimes found in their hands or nearby.
Those cell phones are near and dear to many teens because they’ve become more than just a tool; they are key status symbols of sorts,
Said Lindsay Matush, the developing director at Joplin’s The Bridge.
In fact, it’s the No. 2 symbol marking popularity among girls next to clothes. At one time, cell phones were simply mobile phones. Now their mobile, lightweight entertainment centers, with cameras, Internet accessibility and the ability to text all right there at a teen’s fingertips.
Texting while driving among teens continues to be a huge problem on city streets and highways the world over — about 46 percent of teens text while they drive.
The new law
Missouri has now become the 23rd state to ban the use of texting while driving. The law, sponsored by Sen. Ryan McKenna, reads: “Any person 21 years of age or younger who operates a moving motor vehicle while sending, reading, or writing a text or electronic message by means of a hand-held electronic wireless communications device will be guilty of an infraction.
Missouri is only the ninth state, however, to single out a particular age group. The fine for texting is $200.
The best way for a teenager to survive, or for a parent to help their kids survive when they reach the driving age, is to practice “avoidance and survivability.”
The “avoidance” part means to avoid the types of teen activity that causes inattention when driving — talking or texting on cell phones, talking to a friend in the car, eating or paying more attention to the stereo.
“Survivability” is simple — seatbelts. In many of the photos of dead teens in the slideshow Watson played, some lay crumpled far from their vehicles, having been ejected at the point of impact through the windshield.
One of the most haunting moments in Watson’s presentation from earlier this year was describing what he calls the worst part of his job. From there, he detailed what he has to do when informing a mother and father about the death of their son or daughter, including knocking on their door, rousing groggy-eyed parents from their beds, sitting them down in chairs or atop a couch, telling them their son or daughter would no longer be coming home and, at last, handing them their son’s wallet or daughter’s purse, extracted by Watson from the scene of the accident.
“My biggest hope is that I’ll never have to do that again… in my lifetime, telling them their sons or daughters will never be coming back,” he said.
Source
“Young people will be forced to at least keep their fingers off their keyboards while they drive,” said Leanna Depue, director of Highway Safety or the Missouri Department of Transportation. “The law is a small step toward counteracting some of the distracted driving that causes crashes in Missouri.”
For parents who have their teens sons or daughters whine about the new law, about such laws “invade their privacy,” tell them to jump on You Tube and watch a horrific public service announcement from Wales, United England, concerning the bloody consequences of a text-driven accident on a multi-lane highway.
In the video — just type in “PSA Texting Wales” — it shows three giggling teens in a car trying to text a good looking guy and, as we often see in real life, paying little attention to the road. It then shows their vehicle smashing head-on with a second car in the opposite lane. Seconds later, a third vehicle smashes into the first two.
One of the most chilling parts is a beautiful baby with sky-blue eyes that, sadly, ddoesnt survive the collision. In another car, a little girl in the backseat begs and pleads through tears for her “mommy and daddy” to wake up — they don’t. It’s creepy, powerful and worth the few minutes for Carthage parents and their teens to view together.
Text crashes
Eighty percent of crashes involve some form of driver distraction, and teens admit texting is the No. 1 thing that diverts their attention while driving. Half of all teen drivers say they send text messages while driving.
“I used to do it,” said Sandy Miers, 23, with a guilty smile. “I don’t do it anymore, but I used to.
“Most of the time it happened (in parking lots or red lights), but sometimes it would” happen while she drove down the street.
According to a recent study by Virginia Tech Transportation Institute, distracted driving is the leading cause of traffic crashes in Missouri and nationwide.
Studies show texting drivers spend up to 400 percent more time with their eyes off the road.
“With cars traveling at 70 mph, it is horrifying to realize so many young, inexperienced drivers don’t have their eyes on the road,” Depue said.
At a recent public forum earlier this year, a montage of photos showed, in MTV-like rapid shots, photos of wrecked cars and trucks and the destruction such vehicle can wrought when out of control — twisted metal, burning rubber and mutilated, bleeding corpses of young teens.
“That’s something that we in law enforcement see quite a bit,” said Sgt. Mike Watson, a trooper with the Missouri State Highway Patrol.
And cell phones are sometimes found in their hands or nearby.
Those cell phones are near and dear to many teens because they’ve become more than just a tool; they are key status symbols of sorts,
Said Lindsay Matush, the developing director at Joplin’s The Bridge.
In fact, it’s the No. 2 symbol marking popularity among girls next to clothes. At one time, cell phones were simply mobile phones. Now their mobile, lightweight entertainment centers, with cameras, Internet accessibility and the ability to text all right there at a teen’s fingertips.
Texting while driving among teens continues to be a huge problem on city streets and highways the world over — about 46 percent of teens text while they drive.
The new law
Missouri has now become the 23rd state to ban the use of texting while driving. The law, sponsored by Sen. Ryan McKenna, reads: “Any person 21 years of age or younger who operates a moving motor vehicle while sending, reading, or writing a text or electronic message by means of a hand-held electronic wireless communications device will be guilty of an infraction.
Missouri is only the ninth state, however, to single out a particular age group. The fine for texting is $200.
The best way for a teenager to survive, or for a parent to help their kids survive when they reach the driving age, is to practice “avoidance and survivability.”
The “avoidance” part means to avoid the types of teen activity that causes inattention when driving — talking or texting on cell phones, talking to a friend in the car, eating or paying more attention to the stereo.
“Survivability” is simple — seatbelts. In many of the photos of dead teens in the slideshow Watson played, some lay crumpled far from their vehicles, having been ejected at the point of impact through the windshield.
One of the most haunting moments in Watson’s presentation from earlier this year was describing what he calls the worst part of his job. From there, he detailed what he has to do when informing a mother and father about the death of their son or daughter, including knocking on their door, rousing groggy-eyed parents from their beds, sitting them down in chairs or atop a couch, telling them their son or daughter would no longer be coming home and, at last, handing them their son’s wallet or daughter’s purse, extracted by Watson from the scene of the accident.
“My biggest hope is that I’ll never have to do that again… in my lifetime, telling them their sons or daughters will never be coming back,” he said.
Source
Wednesday, October 28, 2009
Grandmother and grandson killed in Virginia DUI
Police are reporting an alcohol-related driving fatality that took the life of a grandmother and her 2-year-old grandson in Manassas, Virginia, overnight.
A family was traveling in a Saturn Ion on Route 234 near University Boulevard. It was struck from behind by a larger Ford Explorer, forcing the vehicle off the road and into a large rock. Both passengers in the accident perished.
The 43-year-old driver of the Saturn was critically injured and is being treated for those injuries. The 60-year-old grandmother, Rebecca Sacras, and 2-year-old Jonathan Wade-Ortiz were killed in the accident. Sacras was in the passenger seat, and Jonathan was in the back seat properly restrained in a child seat, according to police.
Also in the car was the driver's 12-year-old nephew. He was secured in the backseat and suffered minor injuries.
The driver of the Explorer, identified as William John Mallory, has been charged with DUI. He is being held without the option of bond until a court date is set. As the investigation develops, charges against the accused man may increase.
There were other passengers in Mallory's car as well. These 3 passengers suffered minor injuries but none were severely or critically injured.
Typically, police must determine whether Mallory's intoxication lead to the accident or if there were other causes. If he was breaking additional traffic laws, such as speeding, the sentencing may increase. For now, the charges are left as a misdemeanor. When a child is injured as the result of a DUI, however, the charges will typically increase and longer, tougher sentencing will be imposed.
Source
A family was traveling in a Saturn Ion on Route 234 near University Boulevard. It was struck from behind by a larger Ford Explorer, forcing the vehicle off the road and into a large rock. Both passengers in the accident perished.
The 43-year-old driver of the Saturn was critically injured and is being treated for those injuries. The 60-year-old grandmother, Rebecca Sacras, and 2-year-old Jonathan Wade-Ortiz were killed in the accident. Sacras was in the passenger seat, and Jonathan was in the back seat properly restrained in a child seat, according to police.
Also in the car was the driver's 12-year-old nephew. He was secured in the backseat and suffered minor injuries.
The driver of the Explorer, identified as William John Mallory, has been charged with DUI. He is being held without the option of bond until a court date is set. As the investigation develops, charges against the accused man may increase.
There were other passengers in Mallory's car as well. These 3 passengers suffered minor injuries but none were severely or critically injured.
Typically, police must determine whether Mallory's intoxication lead to the accident or if there were other causes. If he was breaking additional traffic laws, such as speeding, the sentencing may increase. For now, the charges are left as a misdemeanor. When a child is injured as the result of a DUI, however, the charges will typically increase and longer, tougher sentencing will be imposed.
Source
Thursday, October 15, 2009
Law enforcement steps up Labor Day patrols
PARKERSBURG - Law enforcement agencies will be out in full force over the Labor Day weekend watching for drunken driving, speeding and other traffic violations.
"This is an important time for officers in terms of catching drunk drivers," said Sgt. W.K. Marshall with the West Virginia State Police in Charleston. "Our officers will be out patrolling all the major roads in Wood County."
The West Virginia State Police is using funds from Operation CARE (Combined Accident Reduction Effort) to allow for extra troopers over holiday weekends. Officials will be looking for speeders, aggressive drivers, seat belt violations and improperly restrained children.
Seven troopers from the Parkersburg detachment will be working extra shifts over the weekend.
"We've greatly increased DUI arrests in Wood County over the past year and a half, and we want to continue to do so," said Marshall.
Wood County Sheriff's Department will have three extra deputies working tonight and Sunday.
"Even our executives and our captains will be working this weekend," said Sheriff Jeff Sandy. "We will be prepared."
Deputies will be on the lookout for drunken drivers, but Sandy said he has seen a decrease in DUIs over holiday weekends this year, perhaps due to an increase in public awareness.
Parkersburg police Chief Gerald Board said officers will be watching for red light violations, speeding and drunken drivers.
"We always have more officers working on holiday weekends," said Board. "Anytime you have heavy traffic leaking in from clubs and restaurants, law enforcement pays close attention."
Drivers on the Ohio side of the river will also be watched carefully by the officials.
"Historically, the Labor Day Holiday is one of the deadliest on Ohio's roadways," said Lt. M.A. Pfeifer with the Ohio State Highway Patrol. "Think twice before getting behind the wheel while intoxicated."
In Ohio last year, 18 people were killed in car crashes, with seven crashes being alcohol related, Pfeifer said.
The Mid-Ohio Valley Regional Highway Safety Program will be setting up sobriety checkpoints this weekend throughout nine West Virginia counties, including Wood, Jackson, Wirt and Ritchie counties.
Toni Tiano, program administrator, said U.S. 50 is one of the main roads officials concentrate on.
"With it being the last big weekend of summer, and with football games going on, you might see people drinking more than usual," Tiano said.
During sobriety checkpoints, law enforcement officials stop every fifth or 10th car, perhaps less if traffic is heavy, she said.
"They will talk to the driver, and if they smell alcohol or if there is a reason to believe alcohol has been consumed, sobriety tests may be performed," Tiano said. "But believe it or not, no matter how much we advertise that officials will be on the lookout, we still get a few DUIs over the holiday weekend."
Tiano said the checkpoints raise awareness and let the public know that law enforcement takes drunken driving seriously.
Source
"This is an important time for officers in terms of catching drunk drivers," said Sgt. W.K. Marshall with the West Virginia State Police in Charleston. "Our officers will be out patrolling all the major roads in Wood County."
The West Virginia State Police is using funds from Operation CARE (Combined Accident Reduction Effort) to allow for extra troopers over holiday weekends. Officials will be looking for speeders, aggressive drivers, seat belt violations and improperly restrained children.
Seven troopers from the Parkersburg detachment will be working extra shifts over the weekend.
"We've greatly increased DUI arrests in Wood County over the past year and a half, and we want to continue to do so," said Marshall.
Wood County Sheriff's Department will have three extra deputies working tonight and Sunday.
"Even our executives and our captains will be working this weekend," said Sheriff Jeff Sandy. "We will be prepared."
Deputies will be on the lookout for drunken drivers, but Sandy said he has seen a decrease in DUIs over holiday weekends this year, perhaps due to an increase in public awareness.
Parkersburg police Chief Gerald Board said officers will be watching for red light violations, speeding and drunken drivers.
"We always have more officers working on holiday weekends," said Board. "Anytime you have heavy traffic leaking in from clubs and restaurants, law enforcement pays close attention."
Drivers on the Ohio side of the river will also be watched carefully by the officials.
"Historically, the Labor Day Holiday is one of the deadliest on Ohio's roadways," said Lt. M.A. Pfeifer with the Ohio State Highway Patrol. "Think twice before getting behind the wheel while intoxicated."
In Ohio last year, 18 people were killed in car crashes, with seven crashes being alcohol related, Pfeifer said.
The Mid-Ohio Valley Regional Highway Safety Program will be setting up sobriety checkpoints this weekend throughout nine West Virginia counties, including Wood, Jackson, Wirt and Ritchie counties.
Toni Tiano, program administrator, said U.S. 50 is one of the main roads officials concentrate on.
"With it being the last big weekend of summer, and with football games going on, you might see people drinking more than usual," Tiano said.
During sobriety checkpoints, law enforcement officials stop every fifth or 10th car, perhaps less if traffic is heavy, she said.
"They will talk to the driver, and if they smell alcohol or if there is a reason to believe alcohol has been consumed, sobriety tests may be performed," Tiano said. "But believe it or not, no matter how much we advertise that officials will be on the lookout, we still get a few DUIs over the holiday weekend."
Tiano said the checkpoints raise awareness and let the public know that law enforcement takes drunken driving seriously.
Source
Monday, September 28, 2009
Working To Avoid Cruiser-Car Accidents
State Sen. Linda "Toddy" Puller, who wants to prevent a repeat of an auto collision and fatal accident that took place in her district February 2008, has introduced legislation to require all police and emergency vehicle operators in the Commonwealth to turn on emergency equipment and slow down when running a red light.
This tragedy that killed Ashley McIntosh has focused the attention of those who believe the State law is flawed and needs to be changed to protect those driving lawfully through heavily used intersections from police and other emergency vehicle drivers who, because of the discretionary language in the Virginia law, may endanger innocent people. Police, sheriff, and other public safety associations view the proposed change as an unnecessary infringement on their ability to perform their duties.
Puller, whose legislative district includes the accident site, said, "I am carrying this bill because I want to prevent unnecessary tragic auto accidents in the future such as the one which killed Ashley McIntosh." Her bill would change the Virginia law to require police and other emergency vehicle drivers to use their emergency equipment — flashing lights, siren, exhaust whistle, or other device designed to give automatically intermittent warning signals — and slow down, when on an emergency call and traveling through a red traffic light.
In the January 2009 legislative session, Puller introduced a bill, SB 847, "Emergency Vehicles Proceeding Past Red Lights," to do this. It was assigned to the Senate Transportation Committee which voted not to report it to the full Senate for a vote. Undeterred, Puller then sent a letter to the State Crime Commission requesting its review and comment on her proposed changes to the Virginia law governing police and other emergency vehicle operator driving requirements. The commission, an advisory body of 13 members appointed by the governor and the state legislature, held a public meeting in May 2009 to hear testimony and discuss Puller’s bill. On Dec. 15 the commission will again meet to assess testimony and forward its views to the respective Courts of Justice Committees in the House and Senate.
Mark Hubbard, a registered lobbyist with McGuireWoods, Consulting, which is providing pro bono assistance to Puller on this matter, said, "We believe the Puller bill should be enacted. … With the congested traffic situation in urban areas of the Commonwealth changes in the emergency procedures language in Virginia law are needed to protect the public from unnecessary accidents such as that which resulted in the fatal accident in Northern Virginia. … We are hopeful that the commission will support the Puller legislation."
Del. David Albo (R-42), chairman, House Courts of Justice Committee, and former co-chair of the State Crime Commission, said, "Senator Puller clearly believes that there is a flaw in the current Virginia law governing emergency operating procedures for police and other emergency vehicle drivers. ... I look forward to assessing Senator Puller’s bill, the State Crime Commission’s comments, as well as the views of public safety organizations and others when the bill comes before the Courts of Justice Committee."
The president of the 900-member Fairfax Coalition of Police, Marshall Thielen does not support the Puller legislation: "The changes proposed would place an unnecessary burden on public safety personnel. … Police must be free to make split second decisions and not be restricted by a requirement that may not fit the emergency."
Thielen pointed out that in addition to the Fairfax County Police Coalition, the State Association of Chiefs of Police, the State Association of Sheriffs, and the Virginia State Police Association oppose Puller’s bill.
ACCORDING TO Cindy McIntosh-Colasanto, mother of the victim, 26 other states require the use of emergency equipment at all times when traveling through a red light. This past spring she testified before the State Crime Commission, urging that they support the bill. At that time she said: "Ashley had just left a polling place after doing her civic duty and voting in the Presidential Primary Election, but the laws of Virginia let her down. … More than half the states in the U.S. require police officers to use both lights and a siren and to slow down when driving through red lights. This includes Maryland, North Carolina, Pennsylvania, New York, and California. I hope you commissioners will agree that it is time the Commonwealth of Virginia does the same. ... It is too late for Ashley. But it is not too late to protect other daughters, and everyone in Virginia. … Thousands of petition signers also agree with me."
McIntosh-Colasanto has been able to obtain the support of over 3,000 petition signers.
Tappy Phillips, one of the supporters of a change in the Virginia law, said: "It is a very simple issue: when my family enters an intersection in Virginia with a green light, I expect them to make it to the other side alive, not be crushed by a speeding police car."
When asked her views about the prospects for passage of the bill next year, McIntosh-Colasanto said: "I am cautiously optimistic; the members are discussing it, and they are now aware that half the states in the U.S. have language similar to Senator Puller’s. For the next several months I will be working to generate letters from the public to write to the State Crime Commission and to Virginia legislators across the Commonwealth to support this legislation that would indeed save lives."
In addition, she plans on returning to the State Crime Commission for their regular meeting on Dec. 15 to again testify, answer questions, and personally urge members to back the change in Virginia law.
Source
This tragedy that killed Ashley McIntosh has focused the attention of those who believe the State law is flawed and needs to be changed to protect those driving lawfully through heavily used intersections from police and other emergency vehicle drivers who, because of the discretionary language in the Virginia law, may endanger innocent people. Police, sheriff, and other public safety associations view the proposed change as an unnecessary infringement on their ability to perform their duties.
Puller, whose legislative district includes the accident site, said, "I am carrying this bill because I want to prevent unnecessary tragic auto accidents in the future such as the one which killed Ashley McIntosh." Her bill would change the Virginia law to require police and other emergency vehicle drivers to use their emergency equipment — flashing lights, siren, exhaust whistle, or other device designed to give automatically intermittent warning signals — and slow down, when on an emergency call and traveling through a red traffic light.
In the January 2009 legislative session, Puller introduced a bill, SB 847, "Emergency Vehicles Proceeding Past Red Lights," to do this. It was assigned to the Senate Transportation Committee which voted not to report it to the full Senate for a vote. Undeterred, Puller then sent a letter to the State Crime Commission requesting its review and comment on her proposed changes to the Virginia law governing police and other emergency vehicle operator driving requirements. The commission, an advisory body of 13 members appointed by the governor and the state legislature, held a public meeting in May 2009 to hear testimony and discuss Puller’s bill. On Dec. 15 the commission will again meet to assess testimony and forward its views to the respective Courts of Justice Committees in the House and Senate.
Mark Hubbard, a registered lobbyist with McGuireWoods, Consulting, which is providing pro bono assistance to Puller on this matter, said, "We believe the Puller bill should be enacted. … With the congested traffic situation in urban areas of the Commonwealth changes in the emergency procedures language in Virginia law are needed to protect the public from unnecessary accidents such as that which resulted in the fatal accident in Northern Virginia. … We are hopeful that the commission will support the Puller legislation."
Del. David Albo (R-42), chairman, House Courts of Justice Committee, and former co-chair of the State Crime Commission, said, "Senator Puller clearly believes that there is a flaw in the current Virginia law governing emergency operating procedures for police and other emergency vehicle drivers. ... I look forward to assessing Senator Puller’s bill, the State Crime Commission’s comments, as well as the views of public safety organizations and others when the bill comes before the Courts of Justice Committee."
The president of the 900-member Fairfax Coalition of Police, Marshall Thielen does not support the Puller legislation: "The changes proposed would place an unnecessary burden on public safety personnel. … Police must be free to make split second decisions and not be restricted by a requirement that may not fit the emergency."
Thielen pointed out that in addition to the Fairfax County Police Coalition, the State Association of Chiefs of Police, the State Association of Sheriffs, and the Virginia State Police Association oppose Puller’s bill.
ACCORDING TO Cindy McIntosh-Colasanto, mother of the victim, 26 other states require the use of emergency equipment at all times when traveling through a red light. This past spring she testified before the State Crime Commission, urging that they support the bill. At that time she said: "Ashley had just left a polling place after doing her civic duty and voting in the Presidential Primary Election, but the laws of Virginia let her down. … More than half the states in the U.S. require police officers to use both lights and a siren and to slow down when driving through red lights. This includes Maryland, North Carolina, Pennsylvania, New York, and California. I hope you commissioners will agree that it is time the Commonwealth of Virginia does the same. ... It is too late for Ashley. But it is not too late to protect other daughters, and everyone in Virginia. … Thousands of petition signers also agree with me."
McIntosh-Colasanto has been able to obtain the support of over 3,000 petition signers.
Tappy Phillips, one of the supporters of a change in the Virginia law, said: "It is a very simple issue: when my family enters an intersection in Virginia with a green light, I expect them to make it to the other side alive, not be crushed by a speeding police car."
When asked her views about the prospects for passage of the bill next year, McIntosh-Colasanto said: "I am cautiously optimistic; the members are discussing it, and they are now aware that half the states in the U.S. have language similar to Senator Puller’s. For the next several months I will be working to generate letters from the public to write to the State Crime Commission and to Virginia legislators across the Commonwealth to support this legislation that would indeed save lives."
In addition, she plans on returning to the State Crime Commission for their regular meeting on Dec. 15 to again testify, answer questions, and personally urge members to back the change in Virginia law.
Source
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