Worst-of-the-Worst
MICHIGAN’S WORST DRUNK DRIVING OFFENDERS
This publication was developed through a project funded by the Michigan Office of Highway Safety Planning and the U.S. Department of Transportation
Volume 1****************** Issue 4 ************** Fall-Winter 2000
Our mission is to improve the quality of life for Michigan communities by informing officers about the latest developments and methods in crime prevention, drunk driving detection and occupant restraint applications.
The drinking driver jeopardizes lives and property every time they drink then drive. This publication serves to depict the seriousness of this dilemma while seeking to negate the public’s notion that drunkenness, not impairment is the element which affects the impaired driver’s ability to safely operate their motor vehicle.
Officers desiring to submit a repeat offender arrest for publishing should forward a completed "Worst of the Worst Drunk Driving Offender" data sheet to Sgt. Jonathan Uribe electronically through the S.T.O.R.M. web-site; by FAX (616) 226-6583 or by mailing the submission directly to S.T.O.R.M..
Copies of the data sheet can be downloaded from the STORM web-site or obtained by corresponding with the editor.
Information concerning the arrestee’s identity will not be published.
COULD THIS HAPPEN TO YOU ?
Bradenton, Florida: A teenage driver who was seriously injured in a traffic accident is suing the city because he says a police officer failed to prevent him from driving drunk minutes before the crash.
Richard Garcia sued last week alleging that officers who found him at a 1999 disturbance told him to drive home. He crashed minutes later rupturing his aorta.
Garcia and his mother, Betty Hernandez, are seeking damages, saying his medical bills are nearing $100,000.
Garcia’s blood-alcohol level was found to be double the legal limit for adults and almost ten times the limit for minors. He later pleaded guilty to drunken driving and received one year probation and a fine.
Williamstown Township, Michigan: On April 16th, the East Lansing Courier reported that while officers prepared to arrest a man for OUIL; Ingham County Deputy Steve McGuire noted a change in the man’s demeanor. As the man backed away from the officer, he reached inside his clothing and pulled a portion of his intestine from his abdominal cavity.
After subduing the man, he was transported for medical treatment.
KALAMAZOO COUNTY
While investigating an alcohol related property damage crash on November 7th, Public Safety Officer Charles Dahlinger arrested the 27 year old moped operator for his 8th OUIL offense. Apparently the man lost control and struck a curb. A search warrant was obtained for blood chemical evidence.
LAKE COUNTY
Newaygo County Deputy Austin arrested a 34 year old man for 2nd offense OUIL and Open Intoxicants on November 12th after off-duty Lake County Deputy Chad Hurrle reported the man had narrowly missed several head-on collisions after he crossed into on-coming traffic. The stop was made by Lake County Deputy Richard Perrin. Mobile video captured the stop.
NEWAYGO COUNTY
Deputies Phil Green and Brad Wade arrested a 34 year old man on September 13th for 2nd offense OUIL and DWLS after stopping him for driving white light to rear and erratic driving. The passenger was also arrested for Open Intoxicants in the motor vehicle. He tested .17%.
Deputies Green & Mendham arrested a 28 year old man on September 30th for OUIL after observing the man’s poor driving capabilities. He tested .16%. A review of his career criminal history revealed a 1995 Negligent Homicide conviction. He was also lodged on an outstanding Friend of the Court warrant.
Deputies Austin & Wood arrested a 27 year old man for 2nd Offense OUIL on October 14th after stopping the man for a traffic infraction. A search warrant for blood was required. The arrest was actually for his third OUIL, however, the second offense had not been adjudicated.
While investigating an injury crash, Sergeant Fetterley arrested a 25 year old woman on October 14th for OUIL and Child Endangerment. The two year old sustained minor injuries. The parent tested .17%.
Deputies Granzo arrested a 30 year old man for 2nd offense OUIL on October 6th after stopping the man for driving 81 miles per hour in a posted 55 mile per hour zone. The man briefly tried to elude the officer. Of the three prior OUIL convictions on his driving record, the 1995 conviction upgraded this offense. He tested . 11%.
Deputy Austin arrested a 28 year old man on a foggy November 2nd, for 3rd offense OUIL after stopping the man for driving 70 miles per hour in a posted 55 mile per hour zone. The license plate was confiscated. He tested .11%.
Deputy Hooker arrested a 39 year old man for 2nd offense OUIL and DWLS II after investigating a crash. The man thought he was on M-37. He was actually on a secondary road. A search warrant was sought since the man refused all chemical testing.
Sgt. Fetterly arrested a 27 year old man on December 9th for 3rd offense OUIL, DWLS II and Possession of Marihuana after investigating a crash. A search warrant was sought since the man refused all implied consent testing. The man had 4 prior OUIL convictions.
Deputy Goodspeed arrested a 23 year old man on December 9th for 3rd offense OUIL and DWLS III after investigating a crash. A search warrant was sought since the man refused all implied consent testing. Open Intoxicants were also found in the vehicle. The man had 3 prior out-state OUIL convictions.
OAKLAND COUNTY
Deputy Keith Overby submitted the following Court of Appeals ruling.
People v. Rizzo (No. 219360 11/2000)
In this matter, the Court of Appeals concluded that an odor of intoxicants, standing alone is sufficient to provide a police officer with reasonable, articulable and particular suspicion that the motorist has consumed intoxicating liquor which may have affected the motorist’s ability to operate a motor vehicle.
OTTAWA COUNTY
Public Safety Officer Joe Boyle arrested a 36 year old man on April 22nd for his sixth OUIL offense since 1982 after observing the man’s erratic driving behavior on U.S. 31. He tested .26%.
While investing a BOL on June 16th, Officer Boyle again re-arrested the same man for his seventh OUIL offense. That time he tested .24%.
The man was subsequently sentenced to serve 1 ½ to 5 years imprisonment.
While investing a BOL on September 21st which reported that a motorist had almost caused several crashes, Public Safety Officer Eric Rasch located the vehicle in motion. The vehicle drove off the road, swayed from side to side in the traffic lane and nearly collided with vehicles stopped for a traffic signal.
In signaling the vehicle to stop, the motorist pulled over, but drove off once the officer exited the patrol vehicle. During the brief chase, the vehicle struck curbs several times before coming to a halt. After arresting the 24 year old man for 1st offense OUIL, he tested .22%. He was also charged with 2nd offense DWLS and Possession of Marijuana.
What was ironic was that due to the statute of limitations, the man could not be charged with 3rd offense OUIL because his last conviction occurred more than ten years ago.
