Posts tagged drunk driving

Man Charged with DUI after Being Heroically Saved by Jamie Foxx

You would think actor Jamie Foxx was on the set of a movie this past Monday night as he heroically pulled a man from his flaming pickup truck, saving his life.  This was no movie… rather it was just luck that the accident occurred outside of Foxx’s California mansion.

“I don’t look at it as heroic. I just look at it as, you know, you just had to do something. And it all worked out.” Foxx told CBS Los Angeles.

Hero Comic Speech  Bubble. Vector illustrationAround 8:30 Monday night, Brett Kyle was driving along Potrero Road when he skidded on the wet pavement, swerved into the ditch and flipped his 2007 Toyota Tacoma multiple times finally landing upside down.  Foxx, who was home at the time, heard the crash.  The Oscar winning actor, comedian, singer went into Superman mode and ran to the rescue.  Foxx along with another good samaritan broke the pickup’s window and cut Kyle free from his seatbelt.  They safely pulled Kyle from his truck before it exploded into flames.

“As I’m getting him out, [Foxx speaking to CBS Los Angeles] I said, ‘You’ve got to help me get you out because I don’t want to have to leave you.’ I said, ‘You’ve angels around you’.”

Brad Kyle, father of Brett, showed up to the the accident scene shortly after, very emotional and thankful.  After giving Foxx a huge hug of appreciation, Mr. Kyle shared, “It doesn’t matter to me who it was, what they do for a living or whatever – just the idea that someone would do that is so much more than I can fathom.”

“He didn’t have to do anything,” Mr Kyle concluded.

Brett Kyle was immediately rushed to the hospital.  He was treated for head, neck, and chest injuries.  Unfortunately for 32 year-old Brett, the police believed he was driving under the influence that night and was charged with DUI.

Driving under the influence cases which involve an accident, generally speaking, are more challenging to negotiate favorably.  The reason for this is because it is easier to persuade a jury the driver was affected by the alcohol he/she consumed by pointing to the accident.  In this particular case we don’t know if there was a breath test submitted by Brett Kyle or if there was a blood draw.  My guess, Brett probably submitted to a blood draw when taken to the hospital.

 

 

Let’s Talk – DUI Penalties

Washington State is one of the toughest states in the nation when it comes to punishing those found guilty of DUI, Driving Under the Influence.  Even first time DUI offenders with no criminal history often suffer consequences such as suspended driver’s license, fines, and jail time.  And with each additional DUI charge, the consequences quickly become steeper and harsher.

So let’s talk about DUI penalties.

DUI also called DWI, Driving While under the Influence, is a crime handled at the state level. DUI penalties are mandated by the court and are determined by; the amount of alcohol consumed (breath test level), refusal of the breath test, prior DUI history, whether there was property damage while under the influence, or injuries to persons as a result of the DUI, and other criminal history.

In Washington, the maximum penalties for a DUI are 364 days of jail, $5000 fine and loss of license.  The minimum penalties for a first offense DUI if a person blew under .15 are one day of jail, $350 fine, and loss of license for 90 days.  The minimum penalties for a first offense DUI if a person blew over .15 are two days of jail, $500 fine, and a loss of license for one year.  The minimum penalties for a first offense DUI if a person refused to submit to a breath test at the station are two days of jail, $500 fine, and a loss of license for two years.

The minimum penalties for a second offense DUI within seven years, if a person blew under .15 are 30 days of jail, 60 days of electronic home monitoring, $500 fine, and a loss of license for two years.  The minimum penalties for a second offense DUI within seven years, if a person blew over .15 are 45 days of jail, 90 days of electronic home monitoring, $750 fine, and a loss of license for 900 days.  The minimum penalties for a second offense DUI if a person refused to submit to a breath test at the station are 45 days of jail, 90 days of electronic home monitoring, $750 fine, and a loss of license for 3 years.

The minimum penalties for a third offense DUI within seven years, if a person blew under .15 are 90 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program (ex: scram device), 120 days of electronic home monitoring, $1000 fine, and a loss of license for 3 years.  The minimum penalties for a third offense DUI within seven years, if a person blew over .15 are 120 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program, 150 days of electronic home monitoring, $1500 fine, and a loss of license for 4 years.  The minimum penalties for a third offense DUI within seven years, if a person refused to submit to the breath test at the station are 120 days of jail, if available in the county or city, a 6 month 24/7 sobriety monitoring program, 150 days of electronic home monitoring, $1500 fine, and a loss of license for 4 years.

DUI penalties can have a negative impact on someone’s life and this is one of the reasons it is important to contact a DUI defense attorney when charged with a DUI.  An experienced defense attorney will work hard to minimize DUI penalties, or possibly eliminate the DUI penalties all together by getting the DUI charge reduced to a lesser charge or by dismissal.

The attorneys at David O Defense are experienced and have a proven track record of serving our clients.  Give us a call today if you have been charged with DUI, we offer free legal consultations, 206-459-6392.

How You can Prevent a DUI – Tips on getting the Car Keys

You can prevent a DUI by taking the car keys away from a friend, family member, or someone who appears to be under the influence of alcohol. Follow these key collecting tips provided by the U.S Department of Transportation’s National Highway Traffic Safety Administration.

GET THE KEYS: How You Can Intervene

The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and the Advertising Council’s Innocent Victims public service campaign emphasizes the need to intervene and get the keys away from someone about to drive drunk. Here are some helpful tips and advice from focus group research on how people can get the keys away from a drunk driver.
  1. If it is a close friend, try and use a soft, calm approach at first. Suggest to them that they’ve had too much to drink and it would be better if someone else drove or if they took a cab.
  2. Be calm. Joke about it. Make light of it.Vector Car key ring
  3. Try to make it sound like you are doing them a favor.
  4. If it is somebody you don’t know well, speak to their friends and have them make an attempt to persuade them to hand over the keys. Usually they will listen.
  5. If it’s a good friend, spouse, or significant other, tell them that if they insist on driving, you are not going with them. Suggest that you will call someone else for a ride, take a cab, or walk.
  6. Locate their keys while they are preoccupied and take them away. Most likely, they will think they’ve lost them and will be forced to find another mode of transportation.
  7. If possible, avoid embarrassing the person or being confrontational, particularly when dealing with men. This makes them appear vulnerable to alcohol and its effects.

 

If you have any questions about how to prevent a DUI or if you have recently been charged with a DUI, call David O Defense, 206-459-6392. Our DUI lawyers are here to help!

David O Defense
2211 Elliott Avenue, Suite 200 Seattle, WA 98121
Tel: 206.459.6392
Fax: 888.615.0237
Email: david@davidodefense.com