Articles Posted in Drunk Driving

With the holidays now behind us this is a good moment to pause to examine the Oregon drunk driving and Washington drunk driving statistics reported over the Christmas and New Year’s weekends. DUII/DUI crash and arrest numbers are always a sad reminder of the importance of not overindulging when one goes out to celebrate, and of the crucial role our courts play in ensuring personal accountability.

According to radio station KBND, the Oregon State Police reported “one death and 28 DUII arrests on Oregon’s roads and highways.” The comparable figures for the New Year’s period on Oregon roads were 53 arrests and two crashes resulting in three fatalities, according to a report published in The Oregonian. To our north, in Washington, troopers “arrested 161 drivers suspected of being impaired by drugs or alcohol during the Christmas holiday weekend,” according to the Tri-City Herald.

In both states the Christmas figures represent notable decreases compared with the comparable period a year earlier. The Oregon New Year’s figures, however, were up by approximately 25% over the previous year and show a 55% increase compared to two years ago.

The fatal Oregon drunk driving crash made headlines around the state: a young woman killed when her pick-up truck veered off the road “at a high rate of speed, hit a power pole and landed in a stand of trees,” according to an account in the Oregon City News.

“Officers said it took half an hour to free” the victim, a 25-year-old woman, from the vehicle. “She was flown by Life Flight helicopter to Oregon Health and Science University Hospital … in critical condition and died the next day from her injuries,” the newspaper reports. The Oregon truck accident attracted an unusual amount of attention because the collision with the electrical pole caused many residents of Oregon City to lose power for several hours on that late-September evening. Police said alcohol appeared to be a factor in the crash. The victim’s father told the newspaper that an open container of alcohol was found in the car’s wreckage.

Now, in a gesture he hopes will offer a lesson to other young people, that grieving father is donating the frightening-looking remains of his daughter’s car to Oregon Impact, a non-profit group that “tours mangled cars to illustrate the dangers of driving under the influence of drugs and alcohol,” according to the newspaper. The group’s website lays out the scope of the problem in stark terms: 30% of Oregon teen driving deaths, it notes, are “alcohol-related.”

A 29-year-old Oregon City woman died recently as a result of a two-car Oregon drunk driving accident, according to a report in The Oregonian.

The crash occurred just before 2 am on state route 213 in Oregon City, the newspaper reports, quoting a spokesperson with the Oregon State Police Portland Command. “Police said Jennifer Miller, 29, of Oregon City, drove eastbound on the highway and ran a red light, crashing into a southbound Dodge pickup… Miller was declared dead at the scene, police said,” according to the newspaper. A passenger traveling in her car suffered injuries the paper describes as “serious.”

The pick-up truck’s driver was not injured in the Portland-area car crash, and was reported to be cooperating with police. Though The Oregonian’s report on the crash does not seek to assign blame, it does note that the pickup’s driver “had a green signal at the time of the crash.”

Marking Oregon car crash deaths is one of grim rituals that follow most holiday weekends. As the Seaside Signal notes, citing state statistics, Labor Day is traditionally one of the deadliest holiday weekends for drivers here in Oregon and nationwide.

The good news this year is that fatalities were down statewide. Two holiday weekend crashes led to three deaths, the newspaper reports: two people died on Friday evening as the holiday weekend began in a Clackamas County, Oregon motorcycle crash that also involved a car. The other fatality was discovered early Monday morning, on Labor Day itself, in Grass Valley. “An adult male was found deceased in the wreckage of the crash believed to have happened September 4 or during the early morning hours of September 5,” the paper reports, citing the Oregon State Police.

Tempering news of a drop in actual Oregon car crash deaths was word that DUI arrests were up. This is especially worrisome since, as the paper notes, “impaired driving is a major factor in holiday-related traffic crashes and alcohol is a known contributing factor in over half of holiday fatalities.” A total of 70 Oregon DUI arrests took place over Labor Day weekend, up from 67 last year – with an eye-opening ten OSP command centers statewide reporting three or more arrests during the period.

A civil suit filed earlier this month here in Portland is an excellent illustration of Oregon dram shop law and the ways it seeks to protect the public at large and accident victims in particular. According to The Oregonian, the husband of a woman who died in a Portland drunk driving accident last February is suing not only the alleged drunk driver but also two bars which, he claims, served the driver “while he was visibly intoxicated.”

The newspaper goes on to add that “the complaint accuses the bars of negligence for allowing him to drive, failing to determine whether he planned to drive and failing to alert authorities.”

This is practically the definition of a claim under the Oregon dram shop law – a statute that says a bar or alcohol retailer can be held legally responsibly for the damage done by a patron who clearly should not have been served in the first place.

A 25-year-old Oregon woman has been sentenced to a fine and a diversion program and also had her license suspended after pleading guilty to Oregon drunk driving, according to The Oregonian.

The short article, published earlier this month, is a useful reminder both of the serious consequences of Oregon drunk driving and the tough sanctions that even a first offense can entail. The article does not detail how Lauren Thomas came to be driving drunk when she caused an Oregon car crash in I-5 in Tualatin, but notes that she “drifted out of a lane of traffic and crashed into a flatbed pickup.” The truck’s driver was not injured in the accident.

Thomas, the paper reports, must attend treatment sessions and has lost her driving license for 90 days. She will also have to pay a fine and during this period “cannot consume or possess alcohol, or enter bars or liquor stores.” She will also have to read a book on the consequences of drunk driving and submit a report on it to the presiding judge in her case.

Chalk one up for Orange County, California in the quest for innovative ways to combat drunk driving. According to a recent article in the Orange County Register a recent student assembly in the San Clemente High School gym featured “an actual court session and sentencing of a DUI defendant.”

The paper reports that the County Superior Court session was moved to the school for part of one day as a way of emphasizing the seriousness of drunk driving and its consequences. Placing the session in the school allows anti-drunk driving activists to demonstrate this directly to teens – a group who have traditionally both been at extremely high risk for drunk driving injuries and fatalities while also being unusually difficult to reach in effective ways.

A session later in the day at the same school featured “an Orange County deputy district attorney (discussing) family consequences from a teen DUI or DUI-related crash.”

Fox News used to run a regular segment called “stupid criminals.” If it were still on the air the subject of today’s Oregon drunk driving blog would definitely be a candidate.

According to The Oregonian, Aaron Arrell killed a woman in an Oregon fatal hit-and-run accident in March, and was apprehended in large part because he tried to cover his tracks by having his wife phone police to report their van – the vehicle involved in the accident – stolen. “Had they not called, it may have gone unsolved,” the paper quotes a Multnomah County prosecutor saying.

When police caught up with Arrell – based largely on the description of the vehicle that his wife had given them – he tested for blood alcohol at almost twice the legal limit, according to the paper. It also emerged that he was driving on a suspended license, and had been cited twice previously for doing so in the weeks prior to the Portland drunk driving fatality.

A Clatsop County court has convicted a 45-year old Portland man in a case stemming from a fatal drunk driving car crash last year, according to The Oregonian.

The case of Ken Middleton’s Portland fatal car crash is particularly shocking not only because of the sheer amount of alcohol he consumed in the hours leading up to the accident, but also because he got behind the wheel so completely intoxicated despite having his own 13-year-old daughter riding with him. The Daily Astorian reported that Middleton, at his trial, “admitted he had consumed at least 12 beers that day.” His daughter, mercifully, “suffered only minor injuries,” according to The Oregonian.

In addition to Oregon drunk driving Middleton was convicted of manslaughter, second-degree assault and three counts of reckless endangering, The Oregonian reports. The manslaughter charge stems from the death of Andrew Church, a motorcyclist whom Middleton struck head on when he drifted over the centerline as he and his daughter drove along US-30 in Astoria last May.

An innovative program at a high school in Yamhill recently brought together students and local safety officials to demonstrate the dangers of Oregon drunk driving, according to an account in the Yamhill Valley News-Register.

The program, known as SKID (Stopping Kids Intoxicated Driving) was developed in 1998 by the Sheriff’s Office in Washington County, west of Portland. It encourages students to work with local police and fire officials, the sheriff’s office, state police and a local funeral home to demonstrate Oregon drunk driving car crash scenarios that are, in the paper’s words, “highly realistic but not real.”

The demonstration described by the newspaper was designed to simulate the effects of drunk driving and drug use in the imagined aftermath of prom night. In addition to the students assigned to simulate impaired driving, others were texting in the car, some of them riding without wearing seat belts. Those details were designed to emphasize to teens the importance not just of not driving while impaired, but also of not choosing to ride along with an impaired driver.

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
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