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- DUI & Texting Proves Fatal to Two; Disastrous to One
Posted on 8/31/2011 - 12 Years Assessed for DUI Death in Hanover, Virginia
Posted on 8/16/2011 - Virginia Police Officer Sentenced on DUI Conviction
Posted on 4/5/2011
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DUI & Reckless Driving Defense
Field Sobriety Tests (FSTs) have been proven to be unreliable indicators of driver impairment, though most people do not know this. Find out what you should know before deciding whether to do them or not.
Aggressive and Reckless Driving Charges in Virginia Requires a Good Defense Because Conviction of One Will Show Up on Your Permanent Criminal record
Virginia's "Implied Consent" Statute Compels One Charged With DUI to Give Evidence Against Himself or Lose His License
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DUI & Texting Proves Fatal to Two; Disastrous to One
Posted on Aug 31, 2011
A 17-year-old who was speeding, driving drunk without a license and talking on a cell phone moments before crashing into a car and killing two men on the Powhite Parkway Extension was convicted in Chesterfield Circuit Court on August 31st on two counts of aggravated involuntary manslaughter.
After a three-hour trial Judge Harold Burgess convicted Jose F. Martinez on the manslaughter counts and on an additional charge of driving under the influence of alcohol.
The judge set sentencing for Dec. 5. Martinez, who was tried as an adult, could be sentenced to up to 41 years on the three counts. He faces a mandatory sentence of at least one year on each of the manslaughter convictions.
According to trial evidence, Martinez, a high school junior, was driving north in the southbound lanes of the Powhite extension about 2:30 a.m. on March 19 when he collided with a car occupied by Imad H. Elawar, 29, and his close friend and passenger, Sammer S. Ballout, 32.
After the crash, Martinez told one officer he had consumed seven beers and another that he had five to seven shots of tequila about 30 minutes before slamming into the victims' vehicle while talking on his phone to his girlfriend.
According to testimony, Martinez had a blood-alcohol level of between 0.12 and 0.19 percent was traveling 94 mph five seconds before the crash, based on readings from the onboard computer of the 2004 GMC Yukon he was driving.
Martinez repeatedly told officers he was intoxicated and had taken his parents SUV without them knowing. He had learner's permit to drive and was apparently trying to reach his girlfriend's house when he crashed near the Reams Road overpass. He initially was oblivious to hitting another vehicle and wasn't certain whether he was injured.
An officer testified today that Martinez cried when informed at the hospitial that he had killed two people, stating, "I deserve whatever happens to me."
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Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.
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