Archive for April, 2009

Call it the “Sex and the City” syndrome. California is seeing a surge in young women driving drunk. Guys are still kings of drinking and driving. But DUI crashes are up more than 100 percent this decade among women ages 21 to 24, the most of any age group, according to an analysis by AAA researcher Steve Bloch.

Speaking last week at a state Office of Traffic Safety conference, Bloch tweaked trend-setting Hollywood for being the seeming epicenter. Among the young and the restless: Lindsay Lohan (twice), Paris Hilton (it was just one margarita!), Nicole Richie (wielding a black Mercedes) and Khloe Kardashian (“She’s a superstar,” her attorney said, apropos of nothing). “There seems to be a competition in Hollywood to be the first to be arrested for DUI,” Bloch joked.

But the trend is worrisome, he said. We need to know what’s behind it.

The California Highway Patrol’s Adrian Quintero was taken aback by Bloch’s findings. In teen programs, CHP officers often tell girls to take the keys from boys. “We need to change our focus,” Quintero said. “We need to get this information out.”

“If women go out drinking as a group, it’s not that women are drinking more but that women are in the driver’s seat when the car is pulled over,” de la Peña said. Lisa Couch, 25, of Sacramento and her friends do girls night out twice a month.

One friend got a DUI. It wasn’t the wake-up call it should have been, Couch said. There’s usually a designated driver. But that person doesn’t always abstain. Sometimes, “you have a drink with everybody, then it’s two drinks. Then you go, ‘uh-oh!’ ”

Police may be citing more young women, rather then letting them off with a warning. The CHP, for the record, says they’ve never treated women differently on DUI stops.

By age 30, Bloch says, drunken driving citations level out. People that age may have learned a not-so-fun fact: A drunken driving conviction in California can cost up to $10,000.

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Here’s another reason to read the papers in the morning: There’s almost always something guaranteed to anger you so much that you get instantly revved up. Think of all the money this saves on Starbucks caffeine — a $3 cup of coffee versus a newspaper that costs a fraction of that.

Now it’s a story about two bills that passed an Assembly committee with no discussion, very little testimony and no ”no” votes.

The bills would expand the protections of a license-plate program that keeps secret the personal information of thousands of government officials, from museum guards and zoo veterinarians and code enforcers to, surprise, the legislators themselves.

According to the Orange County Register, which investigated this last year and found that it conceals home addresses in DMV records, this idea originated about 30 years ago as a way of protecting law enforcement officials from ill-intentioned people trying to hunt them down. It’s a very sound idea.

But this special protection was pretty much obviated by a more recent law drafted after a stalker used DMV records to find and kill actress Rebecca Schaeffer in 1989. Now everyone’s DMV records are pretty much walled off from public access.

So why would we need to have — why would we need to expand — a law protecting government employees’ information, now that it’s already protected by the same state law that protects us all? Unless, as the Register suggests, the real purpose is to signal to law enforcement, with the wink and nod of a computer code and special license plates, that the driver may be ”one of us” and deserves a break.

I’d even suggest that, much as museum guards and zoo veterinarians might enjoy this perk, knowingly or not, and some employees in sensitive jobs would have needed protection had the DMV not already provided it, that it was perhaps legislators and other state officials who put hundreds of thousands of state employees into this category in order to give themselves the protective camouflage of numbers. Pass a law protecting just that small, select group, and voters catch on fast. Pass a law claiming to protect threatened multitudes of public employees, and you can conceal yourself in the crowd.

The state is billions of dollars in the hole. We don’t need more exemptions from traffic tickets. We need the money.

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The intersection of 10th and L streets in Sacramento have been shut down because of a woman threatening to jump off a city parking structure at that intersection, according to authorities.

Paramedics and officers from the Sacramento Police Department and California Highway Patrol are on scene, and a negotiator and a counselor are en route, a police spokesman said at about 2:45 p.m.

Sacramento police Sgt. Norm Leong said the woman is standing on the top story of the seven-story parking structure.

The CHP is reporting on its traffic incident information page that this is the woman’s third attempt to take her life.

Leong said traffic in the area of 10th and L streets is backing up and advises drivers to avoid the area if possible. Authorities have shut down 10th Street, which runs northbound, at N Street, and L Street, which runs westbound, at 15th Street.

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23
Apr

Woman charged has 3 Sacramento DUI convictions

   Posted by: duinick    in Uncategorized

Family members vow they’ll figure out a way to ensure the 19-year-old still enrolls in a prestigious university with programs for the deaf in the fall.

But in the meantime, they have to muster funds for her father’s funeral, her mother’s house payments and all of life’s other expenses.

Stanley Franklin Spaeth Jr. of south Sacramento was killed Saturday night after a suspected drunken driver struck his motorcycle as he rode home from work – his second job, one that family members said he took to pay for his oldest daughter’s upcoming tuition – and sent his body hurtling through the air.

Officers arrested Rebecca Vela, a 33-year-old Sacramento woman, and booked her into the Sacramento County Main Jail on charges of murder, driving under the influence, and hit and run, according to Elk Grove police.

If convicted, it will be Vela’s fourth drunken driving offense since 1994, court records show.

News of Spaeth’s death, and Vela’s history, has family members shocked, outraged and sounding the age-old alarm of the dangers of drunken driving.

“I just feel people need to know it’s a very, very serious thing. It’s a murder,” said Spaeth’s aunt Margot Schulzke. “(The driver) took someone’s life in her hands when she left with too much alcohol in her bloodstream. It’s just as much killing someone as taking a gun” and shooting that person, she said.

From the jail, where she remains ineligible for bail, Vela declined an interview with The Bee. She was arraigned Tuesday and is expected to appear in court again May 5.

The accident occurred about 10:30 p.m. Saturday, as Spaeth was northbound on East Stockton Boulevard, said Elk Grove Police Officer Chris Trim. Vela, driving alone in her 1997 Acura TL, was northbound on the same street at a “high rate of speed” and rear-ended Spaeth’s motorcycle, Trim said.

Spaeth was thrown from his motorcycle and suffered fatal injuries. He was 54.

“He was killed instantly,” Schulzke said. “He had no opportunity to react defensively.”

Trim said officers initially booked Vela on suspicion of murder and drunken driving, but the District Attorney’s Office added the hit-and-run charge because she was “actively trying to leave” when officers arrived at the scene.

Spaeth leaves behind his wife, Denise, and two daughters, ages 19 and 14. He worked days for a security company and nights as a security guard.

Family members described him as a “true blue, everyman American,” a man with limited formal education but unlimited love and work ethic.

“He put himself out for a lot of people and thought nothing of it,” Schulzke said. “Always even-tempered and pleasant – just a very kind and responsible person.”

Her sister, Joan Hamblin, said Spaeth had a “delightful sense of humor” and worked hard to protect and provide for his family.

She said her niece, Denise Spaeth, met Stanley when she was in her late 20s. Denise was struck by how great Stanley was with his nieces and nephews, Hamblin said. “She thought, ‘Now this is the kind of man I want to marry.’ ”

Hamblin said she hopes that her family’s suffering will make other potential drunken drivers think again about “the tragedy they wreak on families and those who are left behind.”

“That would be one of my hopes,” Hamblin said.

Vela was first convicted of drunken driving in 1994, according to Sacramento Superior Court records.

Her subsequent convictions came in 1996 and 2000, according to court records and the current criminal complaint filed by the District Attorney’s Office.

In an unrelated case, Vela pleaded guilty in 1995 to a felony charge of assault with a deadly weapon. Details of that case were not available Wednesday.

According to Mothers Against Drunk Driving, drunken driving is an offense that tends to be repeated. About one-third of DUI arrests nationwide involve repeat offenders, said Silas Miers, program coordinator for MADD’s California division.

He said there are no data available for how many repeat offenders are responsible for fatalities. But recidivism is so common, he said, that MADD is backing an Assembly bill that would initiate an “ignition interlock” program in California.

The devices prevent drivers from starting their cars if an installed analyzer device detects alcohol on the driver’s breath. Assembly Bill 91, sponsored by Los Angeles Democrat Mike Feuer, would bring a pilot program requiring the devices for all first-time drunken drivers to five counties, including Sacramento.

“It’s almost a no-brainer to us that this bill is going to save lives,” Miers said.

Penalties for drunken drivers vary by county, Miers said, but usually involve one night in jail and two days of a work-project program – a sentence typically reduced to one day, as long as participants behave well.

The financial cost is perhaps more startling: About $1,400 in fines, $1,200 in fees, a car impound fee and then the risk of boosted insurance rates. First-timers also have to complete and pay for a three-month alcohol awareness class and forfeit their driver’s license.

“It’s a significant portion of money that the offender has to pay for DUI, vs. calling a cab, which might cost them $20 to $30,” Miers said.

Penalties increase with each subsequent offense.

In California, all drunken driving offenses that do not involve injuries are misdemeanors, until the offender hits his or her fourth in 10 years, Miers said. Offenses that involve injuries automatically are charged as felonies.

Miers said ignition interlock devices are just one example of how authorities can help prevent repeat offenses. But it’s up to the public, too, to realize the danger of impaired driving.

“There’s always a personal choice there,” he said.

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A Sacramento driver faces possible DUI and murder charges after she struck and killed a motorcyclist in Elk Grove Saturday night, an Elk Grove police spokesman said.

Rebecca Vela, 33, was arrested and booked on murder and driving under the influence of alcohol or drugs following the crash near the intersection of E. Stockton Blvd. and Teresa Way in Elk Grove around 10:25 p.m. Saturday, Elk Grove police spokesman Chris Trim said.

Witnesses said Vela’s Acura TL was speeding northbound in the southbound lane on E. Stockton Blvd. when she swerved back into the correct lane and rear ended the motorcyclist, Trim said.

Stanley Franklin Spaeth, 54, of Sacramento was pronounced dead at the scene. A family member said Spaetch worked two jobs to help support his family, including wife Denise and two children, ages 17 and 14.

Officers who interviewed Vela said she showed signs of impairment and she was taken into custody.

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Sacramento police are investigating the death of a pedestrian killed by a car in south Sacramento on Friday morning.

A motorist traveling eastbound hit the pedestrian on 43rd Avenue near Woodshire Way about 7:30 a.m.

The motorist, who heard the impact but did not see the pedestrian, immediately stopped. His car was then rear-ended by another car.

An off-duty firefighter administered cardiopulmonary resuscitation, but the victim died at the scene. The name of the pedestrian was not immediately available, but police said the man was Asian and possibly in his 50s.

Alcohol did not play a role in the accident, authorities said.

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Timothy Lamb, 48, of Olivehurst, was killed in a Sutter County, California motorcycle accident the morning of April 6, 2009 after his motorbike was struck by a sport utility vehicle, the Appeal-Democrat reports. California Highway Patrol officials say 20-year-old Tiffany Marie Fernandez was driving her Toyota sport utility vehicle east on Highway 20 and tried to turn left onto Acacia Avenue when she ended up colliding head-on with Lamb’s westbound 2009 Harley Davidson Road King motorcycle. Lamb was apparently on his way to work at nearby Sweco Products Inc., a heavy equipment manufacturer. He was pinned under the SUV and died from his injuries.

My heart goes out to Timothy Lamb’s wife, Jacki, their family members, friends and co-workers, who are clearly traumatized by his untimely death. I offer my deepest sympathies to them.

Lamb’s co-workers are calling this Sutter motorcycle crash “avoidable.” This fatal motorcycle accident is apparently causing renewed calls for a traffic signal at that busy intersection, which is also used by local high school students. Officials say Fernandez did not see the motorcycle and may have been inattentive. A CHP officer had noticed just before the accident that the motorcycle’s headlight was on. Officials also say the rising sun was not a factor in this fatal motorcycle collision.

According to the California Highway Patrol’s 2007 traffic accident statistics, there was one California motorcycle accident death and 30 injuries involving motorcycle accidents in Sutter County.

In this case, if the newspaper report is accurate, it appears that the driver of the SUV was at fault for this accident. Fernandez, while making the left turn, failed to see Lamb on his motorcycle although officials say his headlight was on.

California Vehicle Code section 21801 (a) states the following requirements for drivers making a left turn or a U-turn: “The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.”

Lamb’s family would be well-advised to contact a reputed California motorcycle accident attorney who will help determine the facts of the case and hold the negligent parties accountable. A skilled California personal injury attorney will also look at other factors such as a dangerous roadway or intersection, which may have contributed to this tragic accident. If that is the case, the governmental agency responsible for maintaining that roadway could be held liable. Please remember that any claim against a California governmental agency must be filed within six months of the motorcycle accident.

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12
Apr

Whiplash in Sacramento

   Posted by: duinick    in Sacramento Car Accident Law

People all over Sacramento, California get into car accidents every day. Whether it’s a simple fender-bender or a serious collision, one of the most common injuries from an accident is whiplash;

According to an article entitled “Whiplash” on emedicinehealth.com, whiplash is a non-medical term used to describe neck pain following an injury to the soft tissues of the neck. It may also be called cervical sprain, cervical strain, or hyperextension injury. The injury occurs when the neck is forced to bend beyond its normal capacity.

The most common cause of whiplash is a car accident and, surprisingly, wearing a seatbelt does not minimize whiplash.

The symptoms of whiplash are;
• Neck pain,
• Neck swelling,
• Tenderness,
• Muscle spasms, and
• Shooting pain from arms into neck.

If you believe you are suffering from whiplash, you should call your doctor or go to the ER immediately. The more quickly you are seen by a medical professional the better your chances for healing will be.

The article, “Whiplash”, describes several treatments your doctor may recommend for whiplash:

• Neck massage
• Neck rest
• Bed rest
• Ice therapy
• Heat therapy
• Oral pain relievers and muscle relaxers
• Immobilization of the neck with a soft cervical collar
• Early range of motion exercises combined with heat therapy starting 72 hours after the injury to restore flexibility
• Avoidance of excessive neck strain for the next week and then increased activity as tolerated in the following weeks.

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On Saturday, a bus overturned on Highway 80 near Truckee killing one and injuring many. The bus was carrying employees to work at a Lake Tahoe ski resort. The deceased victim was ejected from the bus. The crash is under investigation.

Twenty-five occupants on board, including the driver, were injured and taken to area hospitals, according to California Highway Patrol Officer Steve Skeen. Four people were taken by helicopter from the scene and one person transferred between hopsitals by air.

A spokeswoman for one hospital treating accident victims said one person is in critical condition and five are serious. The Associated Press is reporting that five people were critically hurt. Skeen said the driver suffered significant injuries.

The shuttle bus is owned by the Resort at Squaw Creek and was carrying employees from their homes in the Reno area to jobs in Squaw Valley. The crash occurred in clear weather at 8:28 a.m. on westbound Interstate 80 west of Floriston and just east of the Hirschdale exit.

Investigators are looking into driver fatigue as the cuae of the crash. CHP spokesman Steve Skeen said Sunday the driver remains in the hospital with head trauma and is no condition to be questioned at length. The crash happened at about 8:30 a.m. in clear conditions, with no other vehicles near the bus, police said. Skeen said the 66-year-old driver may have been on the road since 5:30 a.m. or before.

The passengers were cooks, housekeepers and dishwashers who boarded a shuttle bus each day from Reno to the Lake Tahoe ski resort where they worked. The victims’ injuries consist mostly of broken bones, head injuries and lacerations, she said.

Investigators are still waiting for a toxicology report on the driver and a mechanical inspection of the 1995 Euro bus.

One of the dangers of bus travel is that typically passengers are not secured in their seats by safety belts or restraints. Consequently, if the bus makes an unanticipated turn or sudden stop, passengers who are not sitting in their seats (and even those who are) are likely to be seriously injured or possibly killed, as with this accident.

One of the other obvious concerns is the passengers are totally reliant on the driver. If the driver is impaired, fatigued, or has a poor driving history, the passengers are not likely to be aware of those issues.

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Donte’ Stallworth, a star NFL receiver for the Cleveland Browns, was charged Wednesday with DUI and vehicular manslaughter for his role in the death of a pedestrian in Miami on March 14, 2009. Stallworth’s automobile struck and killed a 59-year-old man who finished his construction work shift around 7:15 a.m., and was attempting to cross the street. Stallworth grew up in Sacramento and played football for Grant High School before accepting an athletic scholarship to the University of Tennessee.

The twenty-eight-year-old Stallworth was detained after the automobile-pedestrian accident and subjected to field sobriety testing. According to his blood test, Stallworth’s blood-alcohol level was .126, well above the .08 level allowed under Florida (and California) law.

“I hit the man lying in the road,” Stallworth told officers arriving to investigate the crash, according to the affidavit. One officer smelled alcohol on Stallworth’s breath and said that his eyes appeared bloodshot and watery. Stallworth has expressed public sympathy for the family of the victim.

If convicted of the manslaughter charge, Stallworth would face up to 15 years in prison.

“Whenever a deadly accident occurs and a driver is impaired, families suffer,” said Miami-Dade State Attorney Katherine Fernandez Rundle in a statement. “I can only repeat this message over and over: If you are going to drink, don’t drive.”

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