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Man Charged with DUI after Being Heroically Saved by Jamie Foxx

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

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.

DUI Physical and Behavior Signs that Cops are Looking For

DUI Physical and Behavior Signs that Cops are Looking For

Every time a law enforcement officer pulls a driver over they will be closely watching that individual for any physical or behavior signs that may indicate DUI (driving under the influence) of alcohol and/or drugs.  Police officers are trained to look for these specific DUI physical and behavioral signs and will note these observed signs in their police report.

Here are the DUI physical and behavioral signs law enforcement officers look for prior to a DUI arrest:

  • Odor of alcohol and/or drugs coming from the vehicle.
  • Odor of alcohol and/or drugs coming from the driver’s breath.
  • Alcohol container or drug paraphernalia inside the vehicle.
  • A flushed or red face.
  • Eyes that are watery, bloodshot, and/or glassy.
  • A messy appearance, soiled clothes, and/or messy hair.
  • Muffled or slurred speech.
  • Inability to understand the officer’s questions.
  • Inability to answer the officer’s questions.
  • An inappropriate attitude with the officer (aggressiveness, irritability, sobbing, and/or crying)
  • Difficulty retrieving their wallet, driver’s license, and/or car insurance.
  • Difficulty getting out of their vehicle.
  • Lack of balance and coordination.
  • Swaying while standing still.
  • Using their vehicle for support.
  • Inability to follow directions.
  • No knowledge of time, day, or current location.

If the officer observes some of these DUI physical and behavioral signs they will likely ask the driver to perform DUI field sobriety tests and to blow into the portable breathalyzer.  Both tests are voluntary, meaning the driver can choose to take the test or choose not to take the tests.  The attorneys at David O Defense always recommend REFUSING to take the DUI field sobriety tests or the portable breath test.  Learn more about refusing to take the field sobriety tests by reading our previous blog, “Will I Get in Trouble if I Refuse to Take the DUI Field Sobriety Tests?

If pulled over by a law enforcement officer and they suspect you are driving under the influence of alcohol and/or drugs, ask to speak with your attorney immediately.  Give the attorneys at David O Defense a call, 206-459-6392.

DUI and criminal defense lawyers, David O Defense, Seattle Washington