The Virginia DWI Blog » DWI / DUI

Carlos Martinelly Montano Sentenced 20 Years for Fatal Drunk Driving Accident | Bristow DWI Attorney

admin — Fri, 10 Feb 2012 05:26:45 +0000

Judge Lon Farris of the Prince William County Circuit Court sentenced Carlos Martinelly Montano to 20 years for causing a car accident on August 1, 2010 in Bristow, Virginia that killed Sister Denise Mosier and injured Sisters Charlotte Lange and Connie Ruth Lupton. Montano was found guilty of felony murder, involuntary manslaughter, two counts of maiming as a result of driving while intoxicated DWI, driving on a suspended license, and a third DWI offense within five years.

“I am truly sorry. I feel terrible. I have agonizing pain in my heart. Ever since the accident, I have been deeply moved for the life and the damage I inflicted upon the sisters.” – Carlos Martinelly Montano

Montano is a Bolivian national and was awaiting a deportation hearing at the time the fatal car accident occurred sparking outrage as many are wondering why he was even in the U.S. to begin with. Given that this was Motano’s 3rd DWI offense within five years, he was charged with felony murder and faced up to 70 years in prison. However, Judge Lon Farris reduced the sentence to 20 years after hearing that Montano had found God while in jail during the last year and that he had expressed extreme remorse for causing the accident.

“I have listened to your family and quite frankly, I have lowered down what I originally was going to give you based on that information. But unfortunately, your punishment still needs to be severe because of what you did.” ~ Honorable Lon Farris

If you have been charged with speeding, reckless driving or drunk driving DUI / DWI in Prince William County, Virginia, contact the Parrish Law Firm for a free evaluation of your traffic case. Click here for your free copy of our DUI / DWI Special Report Charged with DWI and don’t know what to do? for helpful tips on how to handle your DUI / DWI charge.

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Plan Ahead Before Driving Drunk this Holiday 2011 | Prince William DUI Attorney

admin — Sat, 17 Dec 2011 23:02:24 +0000

December 16, 2011 through January 2, 2012 is the “Drunk Driving. Over the Limit. Under Arrest.” national crackdown to reduce the number of drunk drivers on the roads during the Holidays. With office parties and other holiday events in full swing, there are plenty of opportunities for drivers to have too much to drink before getting behind the wheel.

Planning ahead is the key to staying safe and avoiding a potentially life changing event by driving drunk. Check for alternate ways to get home like public transportation, call a taxi, or even have a designated driver on call to take you home. Make sure you have enough money on hand to cover your fare before you head out to drink.

If you are planning a party and will be serving alcohol, it would be a great idea to ensure any of your clearly intoxicated guests have a spare room to sleep it off or you have some way to get them home safe. Even consider collecting keys when your guests arrive so you can check their sobriety when they come to you for their keys to leave.

Here are a few taxi / cab companies servicing the Northern Virginia area:

Red Top Cab of Arlington – (703) 522-3333
Yellow Cab – Prince William County – (703) 491-2222 or (703) 369-2100
Manassas Cab Company – 1-888-368-2323

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FAA Chief Randy Babbitt Busted for DUI in Fairfax City Resigns | Fairfax DUI Lawyer

admin — Thu, 08 Dec 2011 08:52:41 +0000

The Federal Aviation Administration chief Randy Babbitt announced he will resign after he was caught driving drunk down the wrong side of Old Lee Highway in Fairfax on Saturday. Babbit was arrested for driving while intoxicated and later released on a personal recognizance bond. Although Babbitt was allegedly found intoxicated, Fairfax City Police have not released Babbitt’s blood alcohol content (BAC).

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“Today I submitted my resignation to Secretary Ray LaHood and it has been accepted. Serving as FAA Administrator has been an absolute honor and the highlight of my professional career. But I am unwilling to let anything cast a shadow on the outstanding work done 24 hours a day, 7 days a week by my colleagues at the FAA.” – Randy Babbitt, former FAA chief

Babbitt apparently withheld his DUI arrest from FAA officials and on Monday was placed on leave. Babbitt’s boss Transportation Secretary Ray LaHood was not very happy that he had to find out about the drunk driving arrest from a press release by Fairfax City Police rather than from Babbitt.

If you have been charged with drunk driving DUI / DWI in Fairfax, Virginia, contact the Parrish Law Firm for a free evaluation of your traffic case. Click here for your free copy of our DUI / DWI Special Report Charged with DWI and don’t know what to do? for helpful tips on how to handle your DUI / DWI charge.

Sources:

WJLA ABC 7 Washington, DC – Randy Babbitt resigns

Washington Post – After DUI arrest, FAA chief co-pilots flight

MSNBC – FAA chief resigns over drunken driving charge

Fatal Car Accidents Kill Nine in Virginia Thanksgiving Weekend 2011 | Stafford Car Accident Attorney

admin — Wed, 30 Nov 2011 10:16:14 +0000

Virginia State Police released that during the reportable Thanksgiving holiday weekend from 12:01 a.m. Wednesday, November 23 through midnight Sunday, November 27, 2011, that they investigated 884 traffic accidents with nine people killed on Virginia’s roads during the weekend. Of the nine that were killed, five were reported as not wearing their seatbelts. Also, alcohol was considered a factor in two of the fatal car crashes reported. This is down from the 10 killed in Virginia during the same reported Thanksgiving weekend in 2010.

“Sadly, half of the traffic crashes involved victims who weren’t buckled up. As we begin this holiday season, public safety responders are strongly encouraging driver and passenger to take two seconds and fasten your seatbelt – it costs nothing and could save your life.” – Colonel W. Steven Flaherty, Virginia State Police Superintendent

Virginia State Police were out in full force looking out for drivers misbehaving on Virginia’s roads this Thanksgiving. It is reported that 103 drunk drivers were arrested as well as 8,526 speeders and 2,898 reckless drivers cited during the five day period.

If you have been charged with speeding, reckless driving or drunk driving DUI / DWI in Stafford or along I-95, Virginia, contact the Parrish Law Firm for a free evaluation of your traffic case. Click here for your free copy of our DUI / DWI Special Report Charged with DWI and don’t know what to do? for helpful tips on how to handle your DUI / DWI charge.

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Black Wednesday, the day before Thanksgiving is number 1 for underage drinking | Fairfax DUI Attorney

admin — Thu, 24 Nov 2011 06:31:46 +0000

Take a wild guess at which day of the year is the worst for underage drinking? Halloween? No. New Year’s Eve? No. Try the day before Thanksgiving that the police have dubbed ‘Black Wednesday’. They call this Black Wednesday because the kids tend to drink until they literally black out.

Ask some of our victims’ families who no longer have family members at the dining table for Thanksgiving the severity. It is the taking of human life. – Caroline Cash, Mothers Against Drunk Driving.

This was a surprising statistic to see as not many would think of the day before Thanksgiving as a party day. But oddly enough the day before Thanksgiving is number 1 for underage drinking. Why is this happening? It appears liquor cabinets are stocked at home for Holiday parties for ease of access. Also college kids are bored at home from school. And finally, surprisingly, parents are hosting parties allowing the underage drinking thinking that this is safer since they feel they can possibly control the situation. With all of these factors, you have a recipe not for green bean casserole but for underage drinking and driving.

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The college kids are coming home and the high school kids feel entitled to celebrate and that mix increases the amount of alcohol on the roads. – Capt. Thomas Didone, Montgomery County Police

If your teen has been charged with drunk driving DUI / DWI in Fairfax County, Virginia, contact the Parrish Law Firm for a free evaluation of your traffic case. Click here for your free copy of our DUI / DWI Special Report Charged with DWI and don’t know what to do? for helpful tips on how to handle your DUI / DWI charge.

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Mommy I think our bus driver is drunk she’s not driving right | Tysons Corner DUI Attorney

admin — Sat, 12 Nov 2011 10:13:14 +0000

Imagine getting a text from your child that says, “Mommy I think our bus driver is drunk she’s not driving right.” This is what happened on Tuesday in New Jersey when 25 frantic Westampton Middle School students alerted their parents by texts and phone calls that their school bus driver Carole Crockett was driving intoxicated.

Terrified parents waited anxiously for their children to arrive home after hearing their child’s school bus driver was falling asleep at the wheel and swerving on the road nearly hitting pedestrians and other vehicles. Police caught up to Crocket at Holly Hills Schools where she was trying to pick up more students. Carole Crockett, 46, was found by police with a .25 blood alcohol content (BAC) which is three times the legal limit in New Jersey and charged with 25 counts of endangering the welfare of children, disorderly conduct and drunk driving.

If you have been charged with speeding, reckless driving or drunk driving DUI / DWI in Tysons Corner, Virginia, contact the Parrish Law Firm for a free evaluation of your traffic case. Click here for your free copy of our DUI / DWI Special Report Charged with DWI and don’t know what to do? for helpful tips on how to handle your DUI / DWI charge.

Sources:

MSNBC – NJ woman accused of driving school bus while drunk: Children on board call parents to say driver was swerving and falling asleep

Driving Drowsy is Compared to Drunk Driving | Woodbridge DUI Attorney

admin — Wed, 09 Nov 2011 03:18:17 +0000

Next time you are sitting in traffic, look to the driver to your left, look at your rear view mirror to peek at yourself, and then look at the driver on your right and try to figure out which one of you is driving drowsy. Statically according to the AAA Foundation for Traffic Safety, one in every three drivers on the road are driving drowsy. Some call driving drowsy the silent killer taking approximately 1,550 lives in car crashes annually.

Drivers are simply tired after losing sleep trying to meet the demands of their time. If you are thinking that this is not that big of a deal because you do it all the time, you may not even be aware of how your lack of sleep is impairing your ability to drive. It has been found that individuals awake for 18 hours showed impairment while driving compared to an individual with a blood alcohol content (BAC) of 0.05. When you have been awake for 24 hours, you are just above the level of driving impairment of a drunk driver with a 0.10 BAC.

AAA Foundation offers these tips to remain alert and prevent a fall‐asleep crash:

Get plenty of sleep (at least seven hours) the night before a long trip
Stop driving if you become sleepy; someone who is tired could fall asleep at any time – fatigue impacts reaction time, judgment and vision, causing people who are very sleepy to behave in similar ways to those who are drunk
Travel at times when you are normally awake, and stay overnight rather than driving straight through
Schedule a break every two hours or every 100 miles
Drink a caffeinated beverage. Since it takes about 30 minutes for caffeine to enter the bloodstream, find a safe place to take a 20‐30 minute nap while you’re waiting for the caffeine to take effect
Travel with an awake passenger

If you have been charged with speeding, reckless driving or drunk driving DUI / DWI in Woodbridge, Virginia, contact the Parrish Law Firm for a free evaluation of your traffic case. Click here for your free copy of our DUI / DWI Special Report Charged with DWI and don’t know what to do? for helpful tips on how to handle your DUI / DWI charge.

Sources:

WJLA ABC 7 Washington, DC – Falling asleep while driving: More common than you think

DrowsyDriving.org – Facts and Stats Drowsy Driving

Testimonies Heard Against the Bedford County Woman Accused of Maiming Two While Driving Under the Influence

admin — Mon, 07 Nov 2011 06:55:28 +0000

Testimonies were heard on October 26, 2011 against the Bedford County woman who is charged with driving while drunk and two counts of DUI maiming following a head-on collision that occurred in May. Doris Coe, 41, had been traveling southbound on Peaks Road at approximately 6:30 p.m. when her 2008 Ford Fusion crossed the centerline and hit a 1986 Honda Gold Wing driven by Anthony McClure, 50. According to Virginia State Police Sargent Robert Carpentieri, the injuries of McClure and his passenger, Laura Fizer, 33, were so severe that both had to be airlifted to the Roanoke Memorial Hospital.

Tony McClure was unable to attend the Wednesday court hearing because he had been hospitalized with an infection caused by a complication from one of the many surgeries he has undergone since the May accident. McClure’s daughter, Angel Dodson, testified on behalf of her father and stated that her once able-bodied father has dwindled from 220 to 160 pounds in the months following the wreck. Dodson also detailed the numerous injuries that her father endured, which include the amputation of his left arm below the shoulder, the necessary reconstruction and fusion of his foot to his left leg, the fusion of parts of his spine, and the blindness McClure now suffers from as a result of a stroke triggered by gross amounts of blood loss on that day.

Laura Fizer was only able to take the witness stand with the help of a walker. Fizer testified that she had no memory of the crash or the majority of the three weeks that she spent recovering in the hospital. Fizer’s foot was reattached following the accident but her left leg frequently swells and turns purple when she stands or puts weight on it. Fizer had multiple surgeries scheduled that are intended to repair her ankle, knee, and left shoulder; Fizer also stated that she is waiting for a diagnosis concerning a possible traumatic brain injury that she acquired from the crash.

In addition to Dodson and Fizer’s testimony, the court also heard statements from first responders, neighbors and passerby about the May 28 crash that occurred near the intersection of Kelso Mill Road. The rescuer who treated McClure testified that McClure had been conscious throughout the ordeal despite the fact that his left arm and leg were open with compound fractures and that both of his ankles had been broken. Another witness testified that Fizer’s left foot had been almost entirely severed and that both victims had suffered from extensive blood loss.

Trooper G.D. Musgrove of the Virginia State Police was responsible for Coe’s arrest and he testified that skid marks caused by her car along with other evidence found at the scene of the accident indicated that Coe had been driving four feet across the centerline in McClure’s northbound lane when their vehicles crashed. A toxicologist testified that a sample of Coe’s blood taken that evening indicated a blood alcohol content of 0.16 percent, double the legal driving limit.

Coe was convicted of a misdemeanor drunk driving charge in a bench trial Wednesday and was sentenced to a year in jail. Coe’s attorney had said that the conviction will be appealed. If Coe is indicted by a grand jury this month, the case will be heard in Bedford County Circuit Court where it will be determined whether or not she is guilty of the two felony counts of DUI maiming that currently exist against her. Each of those charges carry a maximum sentence of five years of imprisonment. Coe was released in May on a $10,000 unsecured bond and remains free on that bailment pending the outcome of the trial.

If you or a loved one has suffered a brain or head injury because of an accident caused by the carelessness or recklessness of another individual, The Parrish Law Firm can help you obtain the compensation that you and your family are entitled to. The experienced attorneys at our firm are ready to answer any questions that you may have regarding your case so please contact us today for a free evaluation – 571-229-1800.

Montano Drunk Driving Case Strikes Debate of Immigration Deportation Procedures | Prince William DUI Attorney

admin — Mon, 31 Oct 2011 16:22:25 +0000

August 1, 2010, Carlos Martinelly Montano, 23, an illegal immigrant from Bolivia, was charged with six traffic offenses including drunk driving and felony murder after his car struck a car with three Benedictine nuns in Bristow, Virginia. The crash injured Sister Charlotte Lange and Sister Connie Ruth Lupton and killed Sister Denise Mosier. This case has turned into more than a drunk driving case but has struck debate about the illegal immigration deportation procedures as Carlos Montano had been waiting for nearly two years for a deportation hearing after two prior drunk driving convictions and should not have been on the road in the first place.

Following procedures after Montano was previously convicted of drunk driving, his case was turned over to Immigration and Customs Enforcement so he could face deportation. But for reasons unknown, Carlos Montano was released back in 2008 while his case was reviewed. This has baffled many including Corey Stewart of the Prince William County Board of Supervisors who believed this man was deported and no longer on our roads.

“We handed him over to the feds assuming he would be deported, but instead federal authorities released him back into the neighborhood and he killed a nun. We feel like we are beating our heads against the wall.” – Corey Stewart

Trial for Carlos Martinelly-Montano will start today in Prince William County and he is expected to plead guilty to five of six charges and not plead guilty to the charge of felony murder.

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D.C. United Striker Charlie Davies Files $20 Million Lawsuit

admin — Thu, 20 Oct 2011 07:11:19 +0000

Charlie Davies, a striker for D.C. United who was nearly killed in a 2009 automobile collision, has filed a $20 million lawsuit against Das Enterprises, the owner of the Washington, D.C. nightclub that he had been partying at prior to the accident and Red Bull, the host of the event, for negligence that Davies argues contributed to the accident and caused irreparable harm to his career. The lawsuit claims that both companies continued to serve alcohol to Maria Alejandra Espinoza, the driver responsible for the car accident, even after she had begun to show signs of visible intoxication. Davies’ attorney stated that as his client was leaving the club Espinoza and her friend, Ashley Roberta, offered him a ride to his hotel. According to Davies’ lawyer, the soccer player did not have an opportunity to determine whether or not Espinoza had been drinking prior to accepting her offer but that the defendants had a duty to stop serving her once she was drunk and also to attempt to prevent her from operating a vehicle in her state.

Espinoza was sentenced to a two-year prison sentence in March after pleading guilty to charges of involuntary manslaughter and maiming while driving intoxicated for the one-car accident that claimed the life of Roberta and left Davies with severe injuries that included a ruptured bladder, bleeding on his brain, and fractures to his ribs, face, leg, and elbow. Davies’ lawsuit states that the injuries that were caused by the accident left him with permanent disfigurations and scars and that he will be forced to bear the cost of substantial medical expenses in the future. Moreover, the lawsuit states that the accident rendered him unable to continue playing for the U.S. national team, which also ended his chances of competing at the 2010 World Cup. Despite being a regular player on the U.S. national team prior to the accident, he has not been invited to return since. Davies had been playing for the French club Sochaux before the accident and was loaned to United for one year back in January. Despite being ranked second on the team in terms of the number of goals scored, Davies has understandably been struggling to return to the level of play that he once enjoyed. The parents of Ashley Roberta have reportedly also filed suit against the energy drink company and the owners of the club. Both Red Bull and Das Enterprises were unavailable for comment.

To avoid finding yourself in a position similar to that of Davies, make sure that you and your loved ones have a designated driver selected each time that you go to an event at which there is the potential for alcohol consumption. If you know that you must drive after drinking, show restraint in your drink selections and make sure that you know your own limits. Also, keep in mind that the contents of a typical bottle or can of beer, glass of wine, or liquor drink all contain nearly identical amounts of alcohol. Finally, whether you are hosting an event at your place or you are out on the town, never allow your friends to drive home drunk. Attempt to reason with them first but if they resist, do not feel bad for taking their keys and asking them to stay the night or calling a taxi to send them home.

Although all of these tactics and many more exist in order to help prevent you from driving while drunk, it isn’t always possible to control the actions of the drivers around you. If you have been involved in a drunk driving accident that was out of your control, The Parrish Law Firm’s drunk driving injury attorneys are ready to aggressively fight for your rights against the insurance companies as well as in the court room. If you are interested in receiving a free consultation to discuss your legal options, contact us at – 571-229-1800.