Case against DUI

suspect to go to trial

Will Bigham, Staff Writer

Created: 07/27/2010 06:20:10 PM PDT

POMONA – Tatiana Jaimes could tell that her childhood friend was too drunk to drive. So when she saw Telassie Dague take her car keys out in January at a San Dimas bowling alley on Jan. 23, Jaimes grabbed them out of her hand and told her not to drive.

Alan Michael McConnell, Dague’s friend, was standing nearby. He was visibly drunk, Jaimes testified Tuesday in Pomona Superior Court. McConnell “grabbed my wrist and took the keys,” Jaimes said. “He was like, `I’m driving.”‘

Jaimes told him he was too drunk to drive and continued arguing with him until Dague interrupted. “Lassie was like, `Just let him drive,”‘ Jaimes said.

Not long after McConnell snatched Dague’s keys, he drove her car into a tree along Foothill Boulevard in La Verne, authorities said. Dague, 22, and 20-year-old Renee Hardy were killed in the crash.

McConnell, 27, emerged from the car without serious injuries. Tests revealed his blood- alcohol level was 0.15, nearly twice the legal limit, and he was charged with two counts of murder and other criminal charges.

On Tuesday at McConnell’s preliminary hearing, Jaimes and several other people testified about the crash, and a judge ruled that prosecutors presented enough evidence for McConnell’s case to proceed to trial.

The Covina man could face a prison sentence of 30 years to life if convicted of two counts of second-degree murder – charges he faces because he has a previous conviction for drunken driving.

McConnell was convicted last year in Orange County and was again arrested on suspicion of drunken driving in November.

McConnell, who wore blue jail scrubs Tuesday, cried during much of the two-hour preliminary hearing and wiped tears from his face with a tissue.

His mother said in an interview that her son is remorseful and heartbroken.

Valerie Kennedy said McConnell and Dague were lifelong friends and were a couple “to some extent.” McConnell brings her picture to all of his court appearances, his mother said.

McConnell has said he has no memory of the crash, Kennedy said. “If he could take it all back, he would,” she said. Jaimes testified that on the night of Jan. 22, she and a friend met Dague, McConnell and Hardy at the bar inside Chaparral Lanes. All three of them appeared drunk, she said.

It was Jaimes’ first time meeting McConnell, who was introduced to her as “Brad.” While the group was at the bar, McConnell suggested several times that the group drive to Fullerton.

Jaimes testified that she kept telling McConnell he was too drunk to drive, but he insisted on driving.

It was after midnight when the group decided they would take separate cars and meet at a bar closer to the bowling alley – the Hi-Brow on Foothill Boulevard in Upland.

As Jaimes and her friend walked to Jaimes’ car in the parking lot, she saw Dague’s car pass by. “I saw the car speed by,” Jaimes said. “I was like, `Oh God,’ because it was going so fast.”

McConnell and his two passengers traveled about three miles before McConnell ran a red light at Foothill and Damien Avenue in La Verne and collided with another car.

According to the driver of the other car, McConnell activated his turn signal as if to indicate he was pulling over. Instead, he drove away at speeds later estimated at 70 mph.

The driver, Bryan Sanchez, testified that McConnell’s car hit the curb on the right side of the road, then made a hard left turn over the median and hit a tree. By the time police and paramedics arrived, one of McConnell’s passengers was dead. The other was moments from dying, according to police testimony.

McConnell was knocked unconscious in the crash, and regained consciousness after police and paramedics arrived. His only other injury was a cut to his elbow, according to testimony from La Verne police officers.

After paramedics removed McConnell from the driver’s seat of the car, he told officers he wasn’t the driver. He again changed his story at the scene, tellingofficers he wasn’t in the car but had been dropped off after the crash by another driver, Cpl. Chris Fenner testified.

McConnell’s attorney, Rita Smith, said after the hearing that she believes life would be too long of a sentence for McConnell. “He understands,” Smith said. “He feels the pain the same that everyone else does. I think that should count for something.”

Smith said she’s not sure whether prosecutors are open to offering McConnell a plea bargain that carries a sentence shorter than life. She declined to say whether there have been any plea negotiations in the case.

The prosecutor, Deputy District Attorney Miji Vellakkatel, declined to comment after the hearing. Dague’s parents also declined to comment.

McConnell is next due in court Aug. 10. He remains jailed in lieu of $2 million bail at Twin Towers Correctional Facility in downtown Los Angeles.

In these saturation patrols police departments issue extra officers to pull over and check the sobriety of anyone who they suspect may have been drinking.

This is an article from the Fontana Herald News:

Eight persons are arrested on DUI charges in Fontana during July 4 weekend; overall in San Bernardino County, there are 150 DUI arrests

Published: Monday, July 5, 2010 6:16 PM CDT
Eight people were arrested on DUI charges in Fontana during the July 4 weekend, according to the Fontana Police Department.

As part of its ongoing efforts to combat drunk driving, the P.D. conducted DUI saturation patrols throughout the city. This operation was part of a grant provided by the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. These patrols provided additional officers on the streets specifically concentrating on DUI offenses.

During these patrols, 42 vehicles were stopped and 16 field sobriety tests were conducted, resulting in the eight DUI arrests.

Also, three additional arrests were made, nine citations were issued, and seven vehicles were impounded.

OVERALL, Independence Day weekend Anti-DUI crackdown by the San Bernardino County Sheriff’s Department and other agencies has resulted in a significant number of DUI arrests from local routine traffic enforcement and special Avoid the 25 DUI deployments overnight in San Bernardino County.

From 12:01 a.m. on Friday, July 2 through midnight on Sunday, July 4, officers representing 25 county law enforcement agencies arrested 150 individuals for driving under the influence of alcohol or drugs. In 2009, 170 DUI arrests occurred during the same 72-hour time period.

The totals for 2010 could end up being higher because some agencies have yet to report, according to the Sheriff’s Department.

DUI arrest data collection will continue through midnight Monday, July 5. Law enforcement officials are continuing DUI efforts throughout the county and region. Additionally, CHP areas throughout the state have all available officers patrolling freeways and county roads throughout the weekend.

For Monday, July 5, extra DUI Saturation Patrols will be deployed in the cities of Hesperia, Redlands, Loma Linda, Grand Terrace, Yucaipa, Highland, Chino, Adelanto, Rialto, Upland, Victorville, Needles and Barstow.

This BAC level was lowered from 0.10 in 2004 but this change can be questioned because once a person is relatively intoxicated and unfit for driving, it does not really matter what the technical level of their BAC was when they were arrested. Drunk drivers also lose control over the amount of alcohol they consume after a couple of drinks and consuming much more than 0.08% worth of drinks. It is possible that lowering this BAC to somewhere around 0.05% or 0.02% in all the States may improve the DUI situation because at around a BAC level of 0.02%, the driver may still retain some driving senses.

Secondly, a police officer has the authority to arrest a driver on the basis of the suspicion of drunk driving, in this case it does not matter what the level of BAC for the driver really was. This law can create a lot of problems for both parties as there can be arguments and often violent ones between officers and suspected drunk drivers both of whom will always have a difference of opinion at the time of the DUI arrest. But a series of on-the-field tests such as Field Sobriety Tests and more importantly, the breathalyzer and Alcohol Sensors can prove or disprove the police officers suspicions on the spot.

Underage drinking is another phenomenon in the country; once upon a time, the legal age for drinking was 18 which was increased to 21 but the question of this legal standard’s effectiveness is still valid. Underage drinking is still persistent and underage drunk driving is also existent. Many teenagers are regularly drinking well before they are 21 and many of them also get into drunk driving accidents before this age. But in many States, there is evidence that the change in legal drinking age has reduced underage drinking for a few percentage points. However, these legal standards, especially the BAC limit need to be revised to significantly reduce drunk driving.

Author Bio
Richard Jacobs is a chief editor since early 2007, and he currently works for www.myduiattorney.org. A website that helps you to find the right DUI lawyer, you can search for a Atlanta dui attorney or a Cincinnati DUI Lawyers online, anytime!

The second opportunity occurs at the police station, which is carried out by using a large stationary machine called a breathalyzer. It is important to know the difference between the two devices; PBT cannot be used as evidence against the defendant in court, whereas a breathalyzer can be used as admissible evidence in court.

Consequences of refusing to give a breath test
Before you decide whether you should give the test or refuse it, you must understand the consequences of taking or refusing it. You should decide carefully before refusing or taking the test. Don’t simply refuse it if you want to annoy the officer, or if you are irritated, as it can have adverse consequences.

Refusing to take a breathalyzer test will initiate the suspension of your driver’s license, and the suspension can last for as long as 3 months to up to a year in some cases. On the other hand, if you refuse to take a breath test, you can get away without getting a DUI charge on your record. However, if you take a breath test, you can get in trouble if your BAC is found to be above the allowed legal limit.

When to agree to a breath test?
You should only agree to a breath test when you know that you have not had too many drinks, and your BAC (Blood Alcohol Content) is within the legal allowed limit of the state, also known as the “per-se” laws. On the other hand, if you know that you have had a little too many drinks, then it will be wise to avoid the breath test.

Similarly, if you only drive occasionally, and have had too many drinks, then you can take the chance of refusing a breath test. The refusal will lead to your license suspension, but your DUI lawyer will be able to defend you in court. The advantage of refusing a breath test in such a case will ensure that you will not end up with a DUI conviction on your record. If the police suspects you to be drunk, they will arrest you in any case, and agreeing to submit to a breath test will work against you in court.

On the other hand, if you have had little to drink, or you think that you will be barely over the allowed legal limit of BAC, you should agree to give a breath test. You will be arrested for drunk driving, which you will have to defend in court; but your DUI attorney will be able to work with you to reduce the charges and penalties against you in court, and may also be able to eliminate your charges all together.

As a driver’s license holder, you must also be aware of the local DUI laws in your state. Some states, for example, consider refusal of a breath test as a crime itself, which leads straight to prison. In other states, refusing to give a breath test itself is considered evidence that the suspect is guilty. Therefore, refusing to give a breath test can have negative consequences, depending on the state in which you are charged. If you are unsure of the local laws in your state, make sure you get familiar with them by consulting a DUI attorney.

Author Bio
Richard Jacobs is a chief editor since early 2007, and he currently works for www.myduiattorney.org. A website that helps you to find the right DUI lawyer, you can search for a Idaho dui lawyers or a Scottsdale dui attorney online, anytime!

These ladies already reserved their designated driver