Monday, March 15, 2010

Man charged in suspected DUI crash that killed pregnant woman, unborn son

SAN DIEGO, Calif. (CBS 8) - A man accused of being drunk when he plowed into the back of a car on the side of a San Diego freeway New Year's Day, killing a pregnant woman and her unborn child and injuring two others, was charged Wednesday with vehicular manslaughter and DUI.

Joseph Anthony Venegas, 40, was charged with one count of gross vehicular manslaughter and two counts of DUI causing injury, prosecutors said.

Venegas, who was not in court Wednesday, is scheduled to be arraigned Friday because he is currently in medical isolation, authorities said.

The defendant is accused of driving drunk when he hit the car Elaina Luquis-Ortiz, 21, and two friends were sitting in while waiting for assistance at the side of Interstate 805 near Home Avenue. The two other adults received serious injuries.

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Monday, February 15, 2010

New Year’s DUI arrests, fatal crashes increase

SAN DIEGO COUNTY — Arrests for driving under the influence and fatal crashes over the New Year’s holiday were up from 2009 locally and across California, law enforcement agencies reported yesterday.

The California Highway Patrol said it made 83 arrests in San Diego County for driving under the influence between New Year’s Eve and yesterday, compared with 73 last year. Countywide there were three deaths from crashes during the same period, up from one last year.

Separately, the San Diego County Sheriff’s Department said a consortium of 14 law enforcement agencies made a combined 829 DUI arrests in their jurisdictions between Dec. 18 and midnight Sunday. Last year, the total from the operation, called the Avoid Campaign, resulted in 496 arrests. It involved extra officers and deputies on patrols and checkpoints during the holiday period,

There were four collisions resulting in injury or death in San Diego County on New Year’s Day, the Sheriff’s Department said.

Statewide, the CHP said its officers made 1,252 DUI arrests during the New Year’s period, up from 986 last year. This year statewide there was a total of 30 persons who died in crashes, up from 19 last year. In nine of this year’s deaths, the victim was not wearing a seat belt.

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Thursday, January 28, 2010

Holiday DUI count shoots up

The number of drunken drivers arrested in the first 30 hours of the New Year’s holiday weekend shot up both in San Diego and across the state when compared to last year, a California Highway Patrol officer said Saturday.

From 6 p.m. Thursday to midnight today, CHP officers arrested 64 DUI suspects in San Diego, compared to just 47 last year, Officer Larry Landeros said.

Statewide, the number of arrests is 898, compared to 688 during the 2008- 09 holiday period, the officer said.

There were two fatalities in San Diego County — a pregnant woman killed by an alleged drunken driver who collided with her broken-down vehicle on the 805 freeway in San Diego, and a woman struck by a car in Chula Vista — compared to one last year, Landeros said.

He said the number of fatalities statewide was 12, compared to 16 last year. The figure for fatalities includes all law enforcement jurisdictions in the state, while the DUI arrests are only those made by CHP officers.


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Legal Ease- Changes to DUI law

This year, 2010, brings a startling change to people arrested for DUI in San Diego County. Gone are the days where an arrest merely placed you in a holding cell for six to eight hours and released thereafter without more. No more, say the policy makers of San Diego. San Diego County, one of the first counties in California to follow this drastic change, is implementing a new policy, more stringent, more complicated, and it affects all DUI offenders, even if it is their first-time!

As of January 1, 2010, if you find yourself arrested for DUI here in San Diego, you will be taken to the nearest incarceration facility, fingerprinted, stripped, and now held until bail is posted. For now, San Diego County has rid itself of the “drunk-tank.” Instead, San Diego DUI arrestees, who remember are constitutionally innocent until proven guilty, are NOW required to post bail before they can be released, taking up a county bed somewhere. No more sobering up period in a room full of other minor offenders. No more minor incarceration, period.

Not surprisingly, this policy shift is right in line with many views being touted everywhere from policy makers across this state. For instance, starting July 1, 2010, the law will require all second and third time DUI offenders to install an inter-lock device just to receive a restricted license from DMV. Another example came from the California legislature recently, calling this year, 2010, the “Year of the Checkpoint,” promising to increase funding by 3 million dollars to fund state and local law enforcement agencies, increasing the number of DUI checkpoints.

With over 215,000 DUI arrests in California alone last year, and with our jail system being already overcrowded, a question begs itself: where are these arrestees going to be held if they cannot post bail - especially in this economic recession? This problem reminds me of the current situation caused by similar policies implemented in Riverside County beginning in 2007. Riverside County implemented a similar approach, requiring bail on nearly all minor offenses, and the county jails quickly became overcrowded.

Because the federal government requires incarceration facilities to maintain certain crowd control measures and hospitality minimums, the jails started to “fed-kick” people from jail to comply with these standards. That is, people were released from jail to make room for the new arrestees. That meant, in essence, even felony prisoners serving a 90 day sentence might be “fed-kicked” early just to make room for a new DUI arrestee, a person yet to be proven guilty. This policy only frustrated law enforcements efforts.

Obviously, such policy shifts come with consequences not only to the DUI arrestees, but also to the tax-payers of this county. San Diegans should not be subjected to a scenario similar to what is happening in Riverside County. Counties have limited resources, and with laws tightening everywhere against driving while intoxicated, shouldn’t the jail be a place left for people needing to be removed from society for substantial periods of time? Why target a DUI arrestee when a convicted felon could be released because some government standard hasn’t been met? I have seen this happen numerous times in Riverside County, I am not kidding. Let us not bring that problem here to San Diego.


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Monday, December 28, 2009

High school senior takes plea in fatal DUI accident

RANCHO SANTA FE — A Torrey Pines High School senior pleaded guilty Nov. 10 to gross vehicular manslaughter while intoxicated in connection to an alcohol-related accident in which one of his teenage passengers died and another suffered serious injuries.

In lieu of his plea, the 17-year-old driver is expected to be placed on probation when he is sentenced next month; however, there is a possibility he could face additional confinement, including house arrest, his attorney has said.

The single-car crash occurred around 1:45 a.m. Oct. 4 on a windy road in 5000 block of La Granada near the Rancho Santa Fe Golf Club, authorities said. The driver, who had a blood alcohol level of .10 an hour after the accident, rolled his 2008 Mazda 3 while traveling at a high rate of speed, police said.

Alcohol and speed were both contributors in the crash, police said. The teenagers had been at a party prior to the accident.

The driver and his four teenage passengers were all students at Torrey Pines High School.

Alex Capozza, 17, died at the scene, while Jamie Arnold, 17, suffered blunt head trauma. Police said neither Arnold nor Capozza were wearing their seatbelts.

The driver is scheduled to be sentenced Dec. 9 in San Diego Juvenile Court. He remains in custody at Juvenile Hall.

Meanwhile, a 20-year-old Oceanside resident accused of a single-vehicle accident in which his juvenile passenger was killed pleaded not guilty Nov. 12 at his brief arraignment hearing in a Vista courtroom.

Reyes Miranda is charged with gross vehicular manslaughter and felony DUI relating to a crash that occurred around 2 a.m. Nov. 8 on East Vista Way near Mason Road in Vista and killed 17-year-old Gerardo Chacon.

During the arraignment hearing, Deputy District Attorney Roy Lai said Miranda lost control of his Ford Mustang, hit a guardrail and then crashed through a bus-stop shelter.

Chacon, a junior at Vista High School, died at the scene as a result of blunt force trauma, authorities said.

Like the two aforementioned victims, police believe Gerardo was not wearing his seatbelt.

Miranda, who remains in custody on $200,000 bail, used the aid of a wheelchair and wore a neck and back brace throughout the brief hearing. His preliminary hearing was set for Jan. 11.

If convicted, he faces up to six years in prison, Lai said.



Tuesday, December 15, 2009

California man pleads not guilty to San Diego DUI homicide

20-year-old Reyes Miranda has entered a "not guilty" plea to charges stemming from a suspected DUI accident last week.

Miranda was the driver of a Ford Mustang that crashed into a bus stop in the North County area of San Diego. His passenger, Gerardo Chacon, was not wearing a seat belt and was thrown from the vehicle. Chacon, a 17-year-old student at a local high school, died on site.

Exact details on how the two young men knew each other and what they were doing that evening are not clear. Miranda has been in trouble with the law in the past, while Chacon has been remembered fondly and is sorely missed in the community. These facts have lead to a someone "one-sided" report of the events from that night.

The accident occurred around 2AM on Sunday. Miranda was also severely injured. He wore a hospital gown and a back brace to the trial, which he also attended in a wheelchair. At least members of Miranda's family were there for support, but reports indicated Chacon's family was not present at the trial. Chacon's family and friends did hold a roadside memorial last week at the scene of the accident.

Initial bond was set at $200,000. Miranda faces vehicular homicide and other DUI-related offenses which may be punishable with up to 6 years in prison. He is set to attend a status hearing in early December. His official hearing is scheduled for January 11.



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Saturday, November 28, 2009

Former news anchor Don Cannon arrested in California

Former TV news anchor Don Cannon has been arrested in California for failure to report for sentencing in two separate cases of driving under the influence.

Mr. Cannon, whose real name is Donald J. Clark, had pleaded guilty to two cases of DUI that occurred in 2007.

According to the Allegheny County sheriff's department, Mr. Cannon moved to Carlsbad, Calif., after his guilty plea. He was supposed to report to start serving his sentence last month and failed to do so.

Subsequently, two bench warrants were issued for his arrest.

Late last night, Allegheny County sheriff's deputies contacted police in Carlsbad and asked for their assistance in arresting Mr. Clark. They were told that Mr. Cannon had recently been arrested on another DUI charge and had been in court earlier that day.

Mr. Cannon was later arrested without incident at his home in Carlsbad and is being held without bond in San Diego County Jail, pending his extradition to Pittsburgh.


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