Kendall O'Brien Sanders was initially pulled over after an officer allegedly observed him speeding down Raymond Stotzer Parkway around 2:30 a.m. Reportedly, he was only 8 mph over the 40 mph speed limit.
]]> The officer who initiated the traffic stop reported that Sanders "smelled of alcohol" and "had glassy eyes." The officer said Sanders was given "several" field sobriety tests and failed them all.Sanders was then administered a blood alcohol content test. He blew a 0.096, according to his arrest report. In Texas, anything over 0.08 is considered intoxicated and there is a zero-tolerance policy for anyone under the age of 21 who consumes alcohol.
Sander was taken to Brazos County Jail and was released in a matter of hours after posting $3,000 bail.
Shortly after his arrest, University of Texas sources had not issued any kind of statement. However, it is hard to imagine that Sanders' arrest will not negatively impact his athletic career. The athletic departments of major colleges and universities are often reluctant to give any appearance of sanctioning bad behavior, so they often temporarily suspend student-athletes who are arrested, even if they have yet to be convicted.
If Sanders is convicted, it may have negative consequences for his future on the football team. If that happens, it should illustrate for our readers that there are often very serious consequences to DWI, even outside the courtroom.
Source: The Bryan-College Station Eagle, "University of Texas football player arrested on DWI charge in College Station," April 7, 2013
After all, it seems like everybody has them; a 2007 University of Missouri study found that 32 percent of college students polled had a fake ID by their second year, and think about how much higher that percentage would be if everyone who responded was honest.
]]> We feel an obligation to inform all Bryan and College Station readers, though, that the sheer pervasiveness of fake IDs does not mean it is okay to have and use them.If police catch you using a fake ID to purchase alcohol or get into a bar and you are not 21, they will, of course, confiscate the fake ID. They will also follow up with a citation, however, and that will probably get you a fine that you do not have money to afford. It may also net you unforeseen consequences, such as compromising your ability to pursue and accept scholarships, volunteer or find employment.
In most states, people who possess fake IDs might face a jail sentence of up to six months, while in Texas, those manufacture fake drivers' license could be sentenced to up to 20 years in prison. After all, drivers' licenses are government documents, so forging them or possessing known forgeries is not taken lightly.
We respectfully and politely ask you to understand that if you choose to use a fake ID, you are taking a risk. Help is available if you find yourself in trouble, of course. We just want you to know what you are getting into.
Source: BBC News, "Why fake ID is an American rite of passage," Jon Kelly, April 7, 2013
The 41-year-old man was arrested on suspicion of DWI Feb. 22, 2012 and then again on March 22, 2012, when he was out on bail after the first DWI arrest. The circumstances of each arrest have not been publicized.
]]> The man has been held without bond since May 11, 2012 because his March 22 arrest violated the conditions on which he was released on bail for his Feb. 22 arrest, including that he obey the law and not consume alcohol.It seems the man's first DWI conviction was in 1996 and his most recent, other than these two, was in 2008. He was sentenced to three years in prison for the 2008 DWI, but we do not know how much time he actually served.
The man is not eligible for parole until he has served at least two years of his sentence.
We do not know this man personally, but from afar, it seems fair to be concerned that he has a severe problem with alcohol. The fact that he has four DWI convictions already means that he is not able to or interested in changing his behavior, even when there are great consequences and a high personal cost to him.
If this man did indeed drive drunk both of the times he was arrested, he ought to be punished. We just wonder, at this point, what else needs to be done to offer him help and keep the community safe.
Source: The Bryan-College Station Eagle, "Bryan man gets 12 years after 6th DWI," Brooke West, March 30, 2013
]]>The 49-year-old man has 19 prior criminal convictions and has been sentenced to prison four times previously. Not all of those incidents involved alcohol.
]]> The man was arrested earlier this year after someone called 911 to report a suspicious person in her residential complex. As far as we can tell, police officers who responded to the call thought he was drunk, but it is not quite clear what led them to believe this.The man has had previous legal trouble with alcohol and that criminal history enabled officers to obtain a blood sample for analysis, even though the man would not submit to field sobriety tests. The results of his blood alcohol content test have not been publicized.
When we hear about someone like this who keeps making similar mistakes over and over again, we wonder if enough is being done to intervene. All people are responsible for their own actions and make their own choices, of course, but if we are interested in public safety, then we ought to take strong measures to curb behaviors like repeated drunk driving. Punishment is called for in many situations, no doubt, but a rehabilitative element might be necessary here, too. Clearly, this man was not able to change his behavior on his own.
Source: The Bryan-College Station, "Man gets 30 years for fourth DWI," March 23, 2013
According to local authorities, a witness called police just before midnight to say that someone driving ahead of him or her had struck two vehicles and failed to stop. That same witness then allegedly saw the driver plunge through a fence and plow into a storage facility at Bryan Avenue and Finfeather Road.
]]> When the police arrived, the 22-year-old driver and his passenger allegedly tried to flee the scene on feet. Officers quickly caught up with the two, however, and when they did, they reportedly noticed that the man smelled strongly of alcohol and was having difficulty standing upright. Supposedly, the man then failed several field sobriety tests.What interests us about this story is how it seems that so much of the "case" against the man comes from a witness report. We know absolutely nothing about the person who called police to report the man's alleged erratic driving, so there is no assurance that he or she is reliable or honest.
Another thing we would like to say is that if this man did hit two vehicles, then he ought to have stopped and tried to get in touch with the owners of the vehicles. It's right thing to do, and it does not look good if a person leaves the scene of an accident like this. (We are presuming, of course, that the man did hit the vehicles and knew he hit the vehicles.)
Source: The Bryan-College Station Eagle, "Police: Witness reports seeing drunken driver hit vehicles, crash through fence," March 26, 2013
But despite the negative press that has been swirling around the recently-elected state representative, there is no doubting that the circumstances surrounding the incident have affected Gonzalez in a deep, regretful way.
]]> A few days ago she wanted her colleagues to know about her guilt and possibly ask for their forgiveness as well. After seeking special permission to speak in front of her colleagues, Gonzalez expressed her deepest regrets for her actions, making it clear that she made a mistake and pledged never to do it again.Although Gonzalez is not the first state lawmaker to have faced criminal charges while in office, her apology to the Legislature is considered less common. It was a sentiment that her colleagues appreciated considerably, many of whom applauded and hugged her after her speech. Critics such as the Texas chapter of Mothers Against Drunk Driving were less impressed, saying that they felt that the applauds and hugs after the speech sent the message that Gonzalez was a victim rather than negligent.
Readers of our blog know that drunk driving is an issue in our state that can carry serious consequences. But as some would point out, there are always two sides to every story. Gonzalez's apology shows that not all instances of negligent driving have malice behind them and that it's not just the victims of the accident who can be sorry it happened.
Source: KVIA news, "State Rep. Naomi Gonzalez apologizes on House floor for her DWI arrest," March 18, 2013
]]>According to a police report filed in connection with the incident, a security guard at Silk Stocking Lounge found the 39-year-old man asleep or unconscious behind the wheel of a vehicle in the club's parking lot late Friday night.
]]> The security guard went inside to call police. While the security guard was making the call, it seems the man awoke and tried to drive away, but got stock in some mud and was unable to leave.When officers arrived around 2 a.m. Saturday, they gave the man field sobriety tests, which he failed, they said.
The man was convicted of DWI in 1993 in Angleton County and in 1999 in Matagorda County, so this most recent charge against him is a felony, rather than a misdemeanor. Besides the possibility of spending a decade behind bars that we mentioned previously, he could also be ordered to pay as much as $10,000 in fines if he is convicted.
We believe that people ought to atone for wrongs they have committed, but the thought that this man could now lose his freedom for 10 years based on field sobriety tests, which are notoriously subjective, concerns us. It is possible that police have more evidence here than they have let on, but what we know about this situation makes it seem as though a lot is riding on the personal opinions and observations of the arresting officers, and that is not fair to the accused man.
Source: The Bryan-College Station Eagle, "Man charged with DWI after falling asleep in vehicle," March 10, 2013
]]>The 49-year-old man was pulled over in the 500 block of Southern Avenue just before 2 a.m. Sunday. The officer who arrested him reported seeing the man change lanes without signaling and cross over the double yellow line.
]]> The officer wrote that when he spoke to the man after pulling him over, he thought the man smelled of alcohol, showed signs of being intoxicated during a field sobriety test and had bloodshot eyes. If the man was given a blood-alcohol content test, which we hope he was, that has not been publicized.Because the man was convicted of DWI in 1991, 1995 and 1998, the charge against him now is that of a third or more DWI. If he is convicted, he could get a fine of up to $10,000 and a decade in jail.
Given that this is the man's fourth alcohol-related scrape with the law in a decade and a half, we have to wonder whether he has a dependency problem that is not getting the help and attention it needs. People are responsible for their own actions, of course, but we know that addictions sometimes warp people's behavior.
Whatever the outcome of this case, we hope the man is getting any assistance that he might need.
Source: The Bryan-College Station Eagle, "Bryan man facing fourt DWI charge," Feb. 25, 2013
According to a police report filed after the incident, an officer pulled the man over shortly after midnight, apparently because he could tell from the man's license plate that his registration was not up to date. As he spoke to the man through the window, the officer said he could smell a powerful odor of alcohol and could see an open bottle of vodka in the backseat of the vehicle.
]]> As the officer was in the process of arresting the man, he found a straw in the man's hand that contained a substance he believed to be cocaine.The man has now been charged with DWI-open container and possession of a controlled substance. If he is convicted of both offenses, he could wind up paying $12,000 in fines and spend 2.5 years in jail.
We are curious to hear what happened to the straw that the officer believed had cocaine in it. The substance ought to have been tested by an accredited lab, and the straw kept as evidence. That might sound obvious, but you might be surprised at how often even conventionally understood protocol isn't followed in many situations.
We know from experience that after they are accused of a crime, many people feel like they have lost the fight before it has even begun. After all, what can they do?
Try as hard as you can to resist the temptation to slide into a defeatist attitude. You may not realize how many rights and options you have. You should at least consider speaking with a criminal defense attorney about your situation.
Source: The Bryan-College Station Eagle, "Police: Driver had open container, cocaine," March 3, 2013
In our law firm, we address many of the criminal law issues raised here, including DUI charges, registration or driver's license revocations and suspensions and moving violations. You are welcome to visit our website; it's accessible by the link the previous sentence.
]]>The incident began late Saturday when a Department of Public Safety trooper allegedly saw the man driving unsafely along Texas Highway 6 around 6 p.m. After reportedly seeing the man nearly sideswipe another vehicle, the officer tried to pull the man over.
]]> Instead of complying, the man allegedly sped up to 80 mph and seemed to try to get away from the officer. (As we discussed in our last post, that is not ever a good idea.)The man finally pulled over in front of Cheddar's Casual Café on Glenhaven Drive. He refused to exit his vehicle, so officers broke his passenger-side window and used a Taser on him. He was taken to College Station Medical Center.
Whether he was suffering from any kind of medical incident during this situation has not been made public.
The man has now been charged with:
He had existing warrants for his arrest for public intoxication and failure to identify himself to a Bryan police officer.
Source: The Bryan-College Station Eagle, "Man arrested on 2 felony charges after chase in CS," Feb. 23, 2013
]]>As far as we know, there is not an alcohol element involved in this story, so it does not quite fit into our usual focus area of alcohol-related incidents. However, as you will see, it pertains to how to (and how not to) conduct oneself when pulled over by a law enforcement authority, so we thought it would be informative for our Bryan-College Station audience all the same.
]]> The incident occurred around 3 a.m. According to the deputy, he saw a vehicle strike a curb while turning onto Nagle Street from University Drive. The constable also observed that he vehicle was going very fast.The deputy reported turning on his lights immediately and pursuing the vehicle, but claims the driver did not stop "for several blocks."
The driver has now been cited for having expired registration, disregarding a stop sign and evading arrest with a vehicle. That last charge is a state jail felony that could get the man a fine of up to $10,000 and up to two years in jail. He was taken to Brazos County Jail and was released Sunday afternoon.
Let this man's story be a lesson to you. If an officer ever tries to pull you over, you should comply with promptness, even if you think you have done nothing wrong. It's easier to sort matters out later than it is to be charged with offenses like those alleged against this man.
Source: The Bryan-College Station Eagle, "Police: Driver evaded officer trying to pull him over," Feb. 25, 2013
Now, we have some more details to report that should fully flesh out the picture.
]]> Here is how authorities claim the story unfolded: Evidently, a father's vehicle had broken down and his two sons were helping him push it home when the 20-year-old victim crashed into them, killing the two sons. Authorities say the father then shot the suspected drunk driver in retaliation.The father has now been charged with murder. It seems he was filled with rage over what happened and acted on that impulse, with terrible consequences for the 20-year-old and those who loved him.
This story has chilled many a Texas reader, for obvious reasons.
What happened to the man's sons is terrible. There is no question about that. And if the man who hit them was drunk, then he made a mistake. That being said, it cannot be argued that the father's rash action was proportional.
In the U.S., we have the rule of law. That means we do not take matters into our own hands. Rather, we trust that the criminal justice system will take matters and work them out. This is a system we must all respect. We understand it can be frustrating at times to trust an important matter to an abstraction, but this is an arrangement we have perfected and refined over two centuries; trust in it is not misplaced.
Source: The Wichita Eagle, "Father charged in fatal shooting in Texas DUI wreck," Juan A. Lozano, Feb. 11, 2013
Officers claimed her foot was on the brake and the car was in drive. She was arrested shortly after she was found and was taken to Brazos County Jail. She was released Monday morning after posting bail to the tune of $3,000.
]]> (If drugs and alcohol tests were taken at the scene, that fact has not been publicized.)The woman has now been charged with misdemeanor DWI. If she is convicted, she could spend up to 180 days in jail and might be ordered to pay up to $2,000.
Although a story about someone passing out in a fast-food drive-through might seem like something to snicker about, this is something about which we should be serious.
If this woman was drunk, as police claim she was, then she was putting herself and others at risk by driving. Furthermore, if the woman is convicted of driving while intoxicated, she will have a punishment to contend with that is absolutely nothing to laugh about.
In our office, we see a great many clients who have been accused of driving while intoxicated. Accordingly, we know it is not anything to take lightly.
If you are ever accused of driving after having had too much to drink, please do not make the mistake of being flippant. It is far better to respond to the situation with appropriate reverence and diligence.
Source: The Bryan-College Station Eagle, "Drunken driver passed out in restaurant drive thru, police say," Feb. 12, 2013
Based on that one-sentence summary, this might sound like a comical incident. We will not deny there is some novelty to be found here, but it is also a set of circumstances in which it seems a woman let alcohol make a fool of her, and that is not something to laugh too loudly about because it could have very real consequences for her.
]]> Police were called to the 900 block of E. 29th Street around 5 a.m. Thursday to investigate a report of a disturbance. There, they said they found the woman, naked, outside and beating on a glass door.A man who identified himself as the woman's "soon-to-be-ex-boyfriend" told officers the woman had come home drunk, continued to drink and then became wildly uncooperative. He said he locked her out of his residence along with clothing she could put on, but she evidently refused to wear the garments.
As police talked to the man, the woman continued to behave erratically and uncontrollably, throwing objects and flipping over a barbecue pit. It eventually took two officers to subdue her. As the officers were trying to bring her to the ground, she but one of them in the thigh.
The woman has been charged with public intoxication, disorderly conduct-exposure and assault on a public servant. The first two charges are Class C misdemeanors and the third is a third-degree felony.
Source: The Bryan-College Station Eagle, "Police: Nude woman swung at, bit Bryan officer," Feb. 9, 2013
The man was a passenger in a vehicle that was pulled over in Brazos County earlier this week.
]]> The trooper who initiated the arrest said he smelled marijuana after he pulled the vehicle over. (Interestingly enough, he did not say why he pulled the vehicle over in the first place, which is interesting to us.)The officer claims that he found a plastic bag containing 10 mg of Adderall and a plastic bag containing marijuana in the vehicle. According to the arrest report, the 18-year-old admitted that the drugs were his.
Without knowing more about the situation, what concerns us here is the imbalance of power. Most 18-year-olds that we have encountered are only outwardly brave or emotionally strong. They simply have not had enough life experience to really have confidence in themselves yet. So, when we read about an 18-year-old and a state trooper interacting, we see a great disparity in the clout each wields.
The 18-year-old was taken to Brazos County Jail after his arrest and was released after posting $29,200 bail. He has now been charged with possession of a controlled substance, possession of marijuana and possession of drug paraphernalia.
Source: The Bryan-College Station Eagle, "Officer: Driver had drugs in his vehicle," Feb. 13, 2013