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Man With A History Of 6 Prior DUI Arrests… Is Arrested For DUI Again

Man With A History Of 6 Prior DUI Arrests… Is Arrested For DUI Again

Browsing through Kirotv.com, I came across a news article published on September 24th, 2013, describing Brian Robert Gramento, a man recently arrested for drunk driving, totaling his DUI arrests to at least 7.  To make matters worse, the 32-year-old was driving drunk while he had his three young children in the back of his car, ages 4, 6, and 7.

This was not the first time, Gramanto was arrested for DUI while having his kids in the car.  Back in March of 2012, Brian Gramento was heading home with his kids in tow when he was pulled over in University Place.  According to Pierce County Sheriff’s reports, Gramanto “was wearing a drinking bracelet which shows he was carded at a drinking establishment like a bowling alley indicating he was old enough to drink.”  The report also indicated that all three kids in the back of his car were his kids and were the ages of 3, 4, and 5.

With Brian Gramento’s most recent DUI arrest, he and his kids were heading home from the Western Washington State Fair in Puyallup shortly before midnight.  Allegedly, Gramento failed to stop at a stop sign and then proceeded to crash into the side of police officer’s car.

Puyallup Police reported, “the strong odor of intoxicants coming from Gramento’s breath and person.” Gramento admitting to drinking at the fair and was arrested for DUI.  He was carted off to Pierce County jail where his bail was  set at $200,000.

Commander Scott Engle shared his arresting officer’s concerns, “The officer was concerned about the driver’s safety, but more importantly, the children’s safety.”

Brian Gramento has had an extensive history of alcohol related criminal offenses.  Since 1999, Gramento has been placed into county jail at least 15 times, of which 14 of those involved alcohol.  Other criminal charges he has racked up include felony DUI, reckless driving, and reckless endangerment.

In addition to this newest DUI charge, Gramento will likely face charges of failure to install an ignition interlock device and driving without a valid drivers license.  Both of which had been court ordered during his previous DUI sentencing, which he served 7 months jail time.

Personally I feel drivers like Brian Gramento are the really dangerous drunk drivers.  For some reason, they have slipped through the effectiveness of court ordered alcohol education classes.  They fail to comply with court ordered installation of ignition interlock devices and they disregard the fact they don’t have a valid driver’s license.  They continuously endanger themselves and others.  In Gramento’s situation, he has selfishly put his children’s lives at risk at least twice now by having them in the car while driving drunk.

It is obvious from repeat DUI offender cases such as Brian Gramento and Mark Mullins (see my blog Mark Mullins Pleads Guilty To DUI Fatalities for more info) to why Washington State legislature is working so diligently to amend and/or add new DUI laws to include harsher penalties and better treatment solutions.

Keep following David O Defense for updates and news on Washington State’s DUI laws.

 

Written by S.O

 

 

 

New Driving Under the Influence (DUI) Laws

New Driving Under the Influence (DUI) Laws

Unfortunately every year there are fatal car accidents caused by drunk drivers.  However, this year has been different, Washington State lawmakers filed over a thousand pages of new driving under the influence (DUI) legislation within the months of March through June.

This mad rush of lawmaking was the aftermath of two tragic DUI related cases in the Seattle area.  Governor Inslee, lawmakers, and the “public” have been demanding tougher laws against drunk drivers ever since.

Many of the ideas proposed in early drafts had a lot of public and lawmaker support but were completely unrealistic as actual policies.  A popular proposal was to require special licenses or ID cards for people with DUI history to prohibit their purchase of alcohol.  This proposal appeared quite ineffective considering current Washington State law allows the use of various forms of identification for the purchase of alcohol, including passports and military ID’s.

Another popular proposal that went nowhere was the requirement for all drivers arrested for DUI to have an ignition interlock device installed in his/her vehicle while contained at the impound lot.  The vehicle would remain impounded until the ignition interlock devices was installed properly.  This proposal quickly didn’t pass because of testimony provided by representatives from ignition interlock companies that it was not feasible to install devices off site.

The two mentioned proposals did not pass into law this session.  However, new DUI law, Engrossed Second Substitute Bill 5912, passed and will become effective September 28, 2013.

As a result of 5912 there will be additional mandatory jail time for a DUI driver who had a child passenger.  A court sentencing under the new DUI law must consider whether or not a driver had a passenger under the age of 16 years in the vehicle at the time of the incident and impose additional jail time if they did.  For a DUI driver with no DUI history, this additional mandatory jail is 24 hours.  For a DUI driver with prior DUI history the additional mandatory jail is five days (one prior DUI) and ten days (two or more prior DUI offenses).

Also, 5912 impacts drivers with DUI history at the time of arrest and during pre-trial conditions of release.  During a DUI arrest, if the officer has knowledge of the individual having a prior DUI offense within 10 years, 5912 requires that driver to be booked into jail and held until released by a judge.  Any judge setting pretrial conditions of release for a person with a prior DUI is required by 5912 to impose an installation of an ignition interlock device.  The law does not allow for removal of the device until acquittal or dismissal of the DUI charge.

Driving under the influence laws are ever-changing.  If you or anyone you know is accused with DUI call David O Defense Criminal and DUI Litigation to schedule a free consultation.

Criminal Defense Attorney Gets Rapper Too Short A Good Package Deal

Criminal Defense Attorney Gets Rapper Too Short A Good Package Deal

Last week, rapper Too Short was probably feeling pretty good after he and his criminal defense lawyer wrapped up his case by pleading guilty to a DUI charge and in return Short’s other six criminal charges were dropped.

Back in March, Too Short was pulled over by police for suspicion of DUI, during the DUI field tests Too Short tried to run from officers.  Short was caught within seconds, cuffed, and placed into the squad car.  While in route to the LA police station, officers allegedly discovered Ecstasy in the back of their car, claiming it fell out of Short’s pockets.  Too Short denied it was ever in his possession.

Short was charged with seven different charges including; DUI with DUI breath test over .08, resisting arrest, and possession of MDMA (Ecstasy).

Short’s criminal defense attorney negotiated a good package deal for the rapper; Short plead no contest to the DUI charge and all of his other charges were dismissed.  He was sentenced to 3 years of probation, fines, and attendance of DUI alcohol education classes.  Short’s deal was even sweeter considering he avoided jail time all together even with prior DUI’s on his criminal record.

Here in Washington State, if an individual has a prior DUI on their criminal record and pleads guilty to a second DUI they would at least spend 1 day in jail.  See the prior blog What are the penalties for a 2nd DUI Conviction? – Criminal Defense Attorney, David O to see Washington State consequences for a 2nd DUI.

 

Written by S.O