Alabama DUI Lawyer Blog

It’s not uncommon here in Alabama to read of a sports hero or other well-known personality arrested for a drunk driving or drug-related DUI offense. Alcohol and drug abuse is so prevalent within the sports and entertainment worlds that few people are shocked these days to hear about an intoxicated NBA, MLB or NFL player picked up for driving under the influence of alcohol or prescription drugs.

Maybe it’s because young athletes become so easily caught up in their fame and are not mature enough to realize the harm they do to their sport and the fans that adore them. I won’t even attempt to explain the motivations of media stars and other performers and entertainers. But while young sports figures have much to learn, I find it sad when I read of those dedicated to nurturing young competitors who have been less than discrete.

Take the May drunk driving arrest of Thomas J. Rosandich, vice president of United States Sports Academy in Daphne, Alabama. As a Birmingham DUI defense attorney, I understand the consequences that a drunk driving arrest, much less a conviction, would do to the career of an individual such as Mr. Rosandich. Not to mention the affect this could have on his family and their organization.

According to news reports, Mr. Rosandich is in charge of the school’s administrative and financial functions, and also chairs its technology committee and is responsible for international programs. The son of the Daphne-based university's founder, Rosandich was stopped by an Alabama state trooper on May 16 after he allegedly failed to halt at a stop sign on Baldwin County 32. He reportedly refused a breathalyzer test and ended up spending an evening in the Baldwin County Jail prior to being released on $1,000 cash bail. His case is scheduled to be heard on September 28.

United States Sports Academy vice president charged with DUI, AL.com, July 13, 2009

Governor Riley means business when it comes to Alabama DUI offenders. From Mobile up through Montgomery, to Birmingham and Huntsville, drunk driving patrols will be receiving upward of $250,000 for enhanced enforcement of the state’s laws governing driving under the influence of alcohol and drug-related DUI. According to news reports, the injection of monies to law enforcement agencies statewide will help support the latest DUI campaign, “Drunk Driving: Over the Limit, Under Arrest.” This effort could include field sobriety tests as well as breathalyzer testing of individuals suspected of DUI.

The campaign, scheduled to be in effect from August 21 through September 7 -- a full two weeks prior to Labor Day -- will increase the presence of state and local police units on Alabama highways. The Alabama Department of Economic and Community Affairs will administer the grants from funds made available to the state by the National Highway Traffic Safety Administration. The money will go toward overtime pay for officers involved in drunk driving patrols throughout the area.

As a Birmingham drunk driving defense lawyer, I applaud the state for its efforts to make our public roadways safer. At the same time, I know from vast experience in the courtroom that many individuals arrested and charged with drunk driving have a legitimate claim of innocence, which makes their defense my primary responsibility. Not every DUI summons will stand up to an aggressive defense attorney. This is why I not only suggest, but encourage those accused of drunk driving to seek sound legal representation.

Some of the entities receiving funds for increased DUI enforcement include:

Etowah County Commission -- $25,050 for the Northeast Alabama Traffic Safety Office which serves Cherokee, DeKalb, Etowah, Jackson, Madison and Marshall counties.

Gadsden State Community College -- $22,445 for the East Alabama Highway Safety Office which serves Calhoun, Chambers, Clay, Cleburne, Coosa, Randolph, Talladega and Tallapoosa counties.

Jefferson State Community College -- $37,050 for the Birmingham Regional Highway Safety Office which serves Bibb, Blount, Chilton, Jefferson, Shelby, St. Clair and Walker counties.

Enterprise-Ozark Community College -- $23,485 for the Southeast Alabama Traffic Safety Office which serves Barbour, Butler, Coffee, Covington, Crenshaw, Dale, Geneva, Henry, Houston and Pike counties.

Northwest Shoals Community College -- $39,145 for the North Alabama Highway Safety Office which serves Colbert, Cullman, Franklin, Lauderdale, Lawrence, Limestone, Marion, Morgan and Winston counties.

Mobile County Commission -- $28,185 for the Highway Traffic Safety Division which serves Baldwin, Escambia and Mobile counties.

Alabama Tombigbee Regional Commission -- $18,790 for the Highway Traffic Safety Division which serves Choctaw, Clarke, Conecuh, Dallas, Marengo, Monroe, Washington and Wilcox counties.

Shelton State Community College -- $22,445 for the West Alabama Community Traffic Safety Office which serves Fayette, Greene, Hale, Lamar, Perry, Pickens, Sumter and Tuscaloosa counties.

Riley awards grants to increase DUI enforcement, GadsdenTimes.com, July13, 2009

We’ve all seen it. A police officer has pulled over an intoxicated driver or maybe a speeder on the side of a four-lane roadway. Drunk or not, in Alabama, the law states that passing traffic must move over to give the officer some safety margin while he is doing his job. A recent story about an Atmore, AL, man shows how being under the influence of alcohol can affect your judgment and cause you to forget, or ignore the most simple rules of the road.

Sunday, the day after the Fourth of July, a Flomaton police officer was carrying out a standard traffic stop on Highway 31 in the early morning hours. According to news reports, Officer Daniel Thompson saw a 1991 Lincoln Town Car approaching him during his traffic stop. The vehicle never moved over and came very close to the officer as he stood outside his patrol car. Due to the danger involved, because the Town Car driver did not move over, Officer Thompson pursued the vehicle driven by 68-year-old Almie Smith.

As a Birmingham DUI defense lawyer, I have aggressively defended numerous clients charged with drunk driving. The important thing to remember is that if you choose to drive under the influence of alcohol, or any substance that impairs your ability to react quickly to traffic situations, you must be prepared to pulled over, given a field sobriety test and perhaps a Breathalyzer test as well, not to mention receive a drunk driving summons. In this case, Mr. Smith either did not remember Alabama’s "Move Over Law," or he was too intoxicated to recognize the squad car on the side of the road.

In any case, Smith’s actions alerted the officer to his possibly impaired state, which led to DUI charges being levied against him. As a reminder, Alabama’s Move Over Law requires drivers on four lane roadways to reduce speed and move over to the inside lane away from emergency vehicles and officers. The law, which has been around for three years now, was created to help reduce the chances of injury to emergency workers. Had the man hit the officer, things could be so much worse for Mr. Smith, as he could have been charged with vehicular assault as well as DUI.

Atmore Man Arrested On DUI Charges After He Fails To ‘Move Over’, NorthEscambia.com, July 8, 2009

The Fourth of July holiday may be over, but Alabama DUI summer enforcement remains high, with many areas of the state targeted for enhanced drunk driving enforcement by local and state police. Madison, Marshall and Morgan counties received special attention this past week, with police using motorcycles to catch intoxicated drivers. As part of the “Take Back Our Highways” campaign begun two years ago, police say that more and more their drunk driving and speeding enforcement blitzes will be unannounced.

A drunk driving conviction can be costly in mores ways that one. As a Birmingham DUI defense lawyer, I have represented many clients caught during these enforcement crackdowns. During the summer months, law enforcement agencies all across Alabama increase their patrols looking for DUI suspects, as well as speeders. In fact, police are reminding everyone that DUI and speeding are the top two causes of traffic fatalities.

Regardless of whether driving while intoxicated or speeding is more deadly, Huntsville authorities report that fully 70 percent of the 12 fatal wrecks so far this year involved persons who were not using there seatbelts. When it comes to annual traffic fatality totals, Huntsville comes in third behind Mobile and Tuscaloosa. Mobile reported 20 deaths, while Tuscaloosa saw 14 fatalities since January 1.

It’s important to note that all the troopers involved in this past weekend’s DUI and speeding campaign rode motorcycles instead of patrol cars. Motorcycle patrols are becoming more common -- almost 20 troopers rode motorcycles on Huntsville highways last Monday through Friday. Two troopers in the Huntsville post and two in the Decatur post now ride motorcycles, and posts across the state have been adding motorcycles to their fleets, especially since the bikes are fast and maneuverable, and can also go places that patrol cars can't when chasing drunk drivers and other traffic offenders.

Most people might not remember that when the Highway Patrol Division of the Alabama Department of Public Safety was founded, back in 1935, every trooper rode a motorcycle. Police cruisers were added to the fleet several years later. This recent back-to-basics move by police does have its drawbacks, however. According to reports, one officer in Limestone County was injured while chasing another motorcycle rider.

Troopers step up area patrols, AL.com, July 4, 2009

As that old sea shanty asks, “What do you do with a drunken sailor?” Alabama’s Marine Police would likely respond to those intoxicated skippers, “Set up some checkpoints and reel ‘em in.” To be frank, boating under the influence (BUI) of alcohol is a serious matter as too many people have been killed by drunken boaters in the past. This is just a friendly reminder that law enforcement throughout our state has little tolerance for both drunk driving and drunk boating.

This is why Alabama, along with 45 other states, initiated the first weekend of its summer-long "Operation Dry Waters" BUI awareness campaign. This past Friday through Sunday was the first in a string of weekends where the state’s Marine Police join other Alabama law enforcement entities in an effort to improve safety on Alabama waterways. Just this past weekend, officers performed 30 field sobriety tests and made 15 alcohol-related arrests, eight of which were for boating under the influence.

Besides the obvious warnings about the dangers and penalties for piloting a boat -- or for that matter driving a car -- under the influence of alcohol, as a Birmingham drunk driving defense lawyer, I have a concern that most folks don’t always consider. And this stems from the fact that Alabama has both “dry” and “wet” municipalities.

Boaters navigating the state’s lakes, rivers and tributaries must always keep in mind that they could be violating local law, even if they are not intoxicated. Especially in northern Alabama, it’s a good idea to always be aware of the particular communities in which you are operating your boat. And no matter where you are on the water, I highly recommend that you always have a designated driver in order to stay safe and within the law. As any Alabama police officer will tell you, sobriety at the helm is the number one priority.

Of course, mistakes happen, which is why I always tell my friends and family to seek the counsel of a qualified legal professional anytime you are arrested or issued a summons for boating or driving under the influence, or for breath test refusal. With the Fourth of July holiday just around the corner, Alabama’s Marine Police will be scanning the horizon for alcohol related incidents, as well as careless and reckless watercraft operation. Enjoy yourselves, but most of all be careful out there.

Marine Police participate in "Operation Dry Waters," WAFF.com, June 30, 2009