28-year-old from rural Austin is charged in DWI crash

A 28-year-old man is facing charges for allegedly driving while impaired and crashing his car into a front yard last month south of Austin, injuring himself and a passenger.

Nicholas Louis-Helge Giovannetti, of rural Austin, is charged in Mower District Court with single counts of criminal vehicular operation resulting in bodily harm (a gross-misdemeanor) as well as fourth-degree driving while impaired and driving without a driver's license, both misdemeanors.

A criminal complaint was filed Tuesday with an arrest warrant for Giovannetti.

According to the complaint, Austin police and Mower County deputies went about 12:40 a.m. Oct. 14 to a vehicle crash with injuries in the 2900 block of Fourth Street Southeast in Austin Township.

Deputies found a severely damaged vehicle in the front yard of 2908 Fourth St. S.E., with its engine sitting in the residence's driveway and numerous car parts scattered around the yard.

Giovannetti, the car's owner, appeared injured and was standing by the car.

He was treated for unspecified injuries at Austin Medical Center. His 22-year-old passenger was treated and released.

Skid marks on the road started about 625 feet north of the vehicle's final resting spot, indicating it was traveling at a high rate of speed, the complaint says.

A similar impaired-driving crash occurred in May 2006 on the same stretch of Fourth Street Southeast. A 25-year-old man was seriously injured when his pickup truck left the roadway in the 2700 block of Fourth Street, vaulted off a driveway and landed on another driveway.

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Thousands of DWI cases put in jeopardy

Thousands of drunken-driving cases in the Houston area could be dismissed because of an inspector of alcohol breath test machines who didn't conduct the examinations she claimed to have completed.

The Texas Department of Public Safety announced Friday that it suspended the certification for a woman who contracted to keep the breath test machines accurate for the Clute, Friendswood, Galveston, League City, Pearland, Seabrook, South Houston and Webster police departments.

DPS said she altered electronic records to make it appear she'd tested and adjusted the calibrations of machines when she had not.

DPS officials said the woman, an independent contractor with each of the municipalities, had been falsifying records for up to a year and that would affect at least 2,600 DWI charges. The Texas Rangers are conducting the criminal investigation.

She has not been charged with any crime.

The inspector has been a breath test supervisor since the mid-1990s, according to DPS.

Defense lawyers said they would expect any charges filed in cases in which she testified or monitored going back years to be challenged.

"These are serious allegations, and we will not tolerate any activities that call into question the integrity of the breath test system. I want to emphasize that DPS discovered these irregularities and took immediate action," said Col. Stan Clark, interim

director of the DPS, in a news release.

DPS spokeswoman Tela Mange said the problem was discovered in a routine audit last week; the inspector was suspended on Thursday; and DPS met with the prosecutors in Harris, Galveston and Brazoria counties Friday to discuss the next steps.

The news was troubling for the police departments whose work might be undone.

"It's sickening," said Clute Police Chief Mark Wicker. "It's very disturbing."

He said the woman was hired in his city in mid-2006. "I didn't see her a whole lot, but she had a key and could have come in at night," Wicker said.

He said 46 DWI cases in Clute and the cities of Freeport and Richwood, which also used Clute's machine, could be in trouble.

South Houston Police Chief Herbert Gilbert said his city paid her $8,500 a year to take care of their machine. Now, he said, about 330 cases his officers worked hard to make could be in jeopardy.

"It could make all the officers did on the streets be for naught," Gilbert said.

Defense attorneys who handle DWI cases were outraged for different reasons.

"We shouldn't be going around giving people criminal records that will last the rest of their lives based on this woman's violation of the public trust," said Mark Bennett, who said the inspector was a witness in a DWI case he handled.

Troy McKinney, a Houston lawyer who specializes in DWI appeals, said this is especially tragic given that there are already questions about the science of these tests and a DWI conviction can be career changing for people.

He said he expects many people convicted or accused of DWI in these eight municipalities will hire lawyers to try to reverse convictions or get current cases dismissed. But McKinney cautioned that when there is other evidence, such as field sobriety tests or videos of the defendants, the cases may not go away just because of the breath test. If the woman testified in a trial, it might just be retried, he said.

Filing false government documents or perjury for testimony about the machines could both be possible charges against the inspector, attorneys said.

Harris County District Attorney Kenneth Magidson said in a news release that his office "has not announced" any charges.

"Our first and foremost goal is to ensure that justice is done. We are working closely with DPS to determine which, if any, cases may have been tainted by flawed or unreliable evidence," Magidson said in the release.

Richard Magness, Brazoria County first assistant district attorney, said authorities will get the names of the cases in question from DPS, notify the attorneys involved and review each case.

He said it is not yet determined whether any charges will be filed against the inspector.

Joel Bennett, Galveston County first assistant district attorney, said his office will also review DWI cases.

mary.flood@chron.com

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Police: DWI Suspect Caused Deadly Dallas Crash

DALLAS (CBS 11 News) ―

A North Texas man is in the hospital accused of driving drunk. Police say he caused the crash that killed one man and sent another to the hospital last night.

Friday afternoon, both the surviving victim and the suspected drunk driver were being treated at Parkland Hospital.

Friday afternoon CBS 11 News received video from a Dallas police squad car; just moments after a suspected drunk driver caused a deadly crash near Dallas Love Field Airport Thursday night.

One of the drivers of one of the wrecked cars, seen in the video at right, is still in the hospital recovering. Kenneth Brown was the driver of the third car which was hit by both other vehicles.

His wife, Sarah, helped tell CBS 11 News an amazing story… you see, Kenneth couldn't 'talk' about the story, because he is deaf.

"I was just driving along, leaving the airport, and all of a sudden I opened my eyes and there was a firefighter working on my door, using the Jaws of Life," Sarah interpreted for Kenneth.

The crash had apparently knocked Brown unconscious.

Police say 50-year-old Clay Curnutt, of Morgan, was killed in the crash.

According to officials the entire wreck was caused by 42-year-old Eric Austin of Dallas, a suspected drunk driver. Police say an officer, in an unmarked traffic car, saw Austin driving erratically and tried to get him to stop.

Dashcam video shows Austin slowing to an apparent stop for officers -- then suddenly driving off.

Dallas police say they never gave chase, but nonetheless Austin wrecked out a few blocks later.

"When the officer observed the suspect move into the oncoming lanes of traffic, and attempt to pass the vehicle in front of him, the officer reduced his speed and began driving a normal speed," said Dallas Police Department Asst. Chief Charles Cato.

Curnutt died at the scene. Austin, who was on probation for a Driving While Intoxicated conviction last summer, wound up in an emergency room bay just a few feet away from Kenneth.

"When I thought about it being a driver that was getting away from a police officer, who'd been drinking, I was disappointed that the driver made the choices he made and resulted in another person losing their life and me getting hurt. It's just disappointed," Kenneth signed.

Brown was scheduled to be released for the hospital Friday.

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Judge dismisses DWI charge against retiring lawmaker

GEORGETOWN — A retiring Republican lawmaker was cleared Monday of a misdemeanor drunken-driving charge, a visiting judge said.

Judge Chuck Miller dismissed the case against Rep. Mike Krusee after prosecutors cited insufficient evidence, according to the Austin American-Statesman.

Krusee was arrested in April after a trooper pulled him over for driving erratically, according to the arrest affidavit.

Krusee's attorney, Jason Nassour, has said Krusee only had one glass of wine.

Krusee carried and passed legislation in 2003 that created the driver responsibility program to help fund the Texas Mobility Fund. That program included a number of surcharges for driving offenses, including $1,000 for a first conviction of driving while intoxicated.

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Drunk drivers flood hospital ERs, escape DWI charges

HOUSTON—Visit any hospital emergency room, and you’ll find people who have crashed their cars.

But some of those people weren’t just innocent victims. They were driving drunk.

By some estimates, 50 percent of the people brought to the ER are legally too drunk to drive.

What’s more, many of those drivers are never charged, because the police are never called.

“It’s a huge problem. It’s an absolutely huge problem,” Dr. Brent King said.

It’s a huge problem that defies what you might assume happens to drunk drivers involved in crashes.

“And then the person will be treated and released and we’ve got nothing to show for it,” Harris County Assistant District Attorney Brent Mayr said.

Prosecutors said ER doctors are not required to report a drunk driver, nor do they have to run blood alcohol tests.

“One of the first things we want to know as prosecutors: Was alcohol involved? And we get the records and there’s no blood alcohol testing,” Mayr said.

So why would the doctors not run a test?

“All across the country, trauma surgeons have been reluctant to screen patients for blood alcohol concentration,” Dr. Larry Gentilello of UT Southwestern Medical Center in Dallas said.

Gentilello is one of the nation’s leading experts on alcohol abuse.

His research, along with a study he conducted for the Texas Legislature, found that hospitals might have a financial incentive to keep someone’s drunkenness a secret.

Under a 60-year-old federal statute, insurance companies can deny payment for treatment of injuries caused by intoxication.

That means doctors and hospitals wouldn’t get paid for helping the patient. That may be incentive enough to keep any proof of intoxication out of medical records.

“All it does is make doctors not test,” Gentilello said. “We shouldn’t be penalized for doing our jobs by silly laws.”

But there is another issue at hand: Do doctors have any business playing cop?

“That’s not our job. We’re not the police. Unless society wants to make us a screener, just as they do with child abuse, just as they do with reportable illnesses,” King said.

Six states actually do require hospitals to report drunk drivers.

Eleven states have laws requiring insurance companies to pay for injuries, even if they’re caused by alcohol.

Texas doesn’t fall into either one of those groups.

In fact, similar bills have been defeated three times in Austin.

“It’s just allowing these drunk drivers to get back on the road again,” Mayr said.

Until changes are made, drunk drivers will continue to beat DWI charges by leaving the scene in an ambulance.

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11/21 Cleburne Police Reports

The following is a list of arrests — except for minor traffic violations — based on public records at the Cleburne Police Department. Individuals are presumed innocent until proven guilty in a court of law.



October 21

12:59 p.m., Johnson County Adult Probation Center. Denise Adele Fox, 26, of Irving, one Johnson County warrant.

October 22

9:40 a.m., 700 block North Robinson Street, warrant service. Beatriz Carrizales Galvan, 29, of Cleburne, three Cleburne warrants.

October 23

9:18 a.m., 500 block North Buffalo Street, disturbance call. Michael Reuben Sanker, 29, of Cleburne, possession of marijuana and violation of a protective order.

October 24

8:55 a.m., Nolan River and Courtney streets, speeding. Roy Warren Snider, 41, of Arlington, one Tarrant County and one Hurst warrants.

9:24 a.m., Johnson County Adult Probation Center. Nicholas Frederick Hudson, 25, of Crowley, warrants.

9:52 a.m., Meredith and Anglin streets, traffic stop. Cyprian Martinez Jr., 34, of Cleburne, one Dallas County warrant.

10:35 a.m., Johnson County Adult Probation Center. John Mark Aves, 23, of Dallas, Johnson County warrant for burglary of a habitation.

6:27 p.m., 1100 block Granbury Street, dispatched in reference to a violation of a protective order. Aurelio Fraire Martinez, 35, of Cleburne, violation of a protective order.

October 25

2:07 p.m., 1400 block Lynnwood Drive, disturbance call. Matthew Nevill, 33, of Arlington, one Arlington warrant.

5:52 p.m., 1000 block Lonestar Drive, dispatched in reference to a person making threats. Eric Benjamin Traylor, 19, of Cleburne, one Cleburne warrant.

7:54 p.m., 1000 block South Caddo Street, speeding. Tracey Marie Bryant, 38, of Cleburne, one Johnson County warrant.

11:14 p.m., Country Club and Main streets, speeding. Bobby Dewayne Day, 49, of Joshua, DWI.

October 26

10:16 a.m., 300 block South Oran Avenue. A person reported an air conditioner stolen from a building. The person also located the suspects who allegedly took it. Jeffory Scott Brooks, 39, of Cleburne and Albert David Dellinger, 40, of Cleburne were taken into custody on charges of theft $500-$1,500.

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Texas DWI convictions in jeopardy due to false records allegation

The Texas Department of Public Safety said that nearly 2,600 DWI could be invalidated in the Houston area after they discovered a contractor in charge of calibrating the breathalyzer had been falsifying records for over a year.

A DPS auditor discovered that the technical supervisor for the company supervising the test calibration had been altering the records to make it look like he had been conducting the tests, when actually he hadn’t.

Technical supervisors are required by DPS regulations to inspect the equipment that determines the level in a person’s breath at least once a month.

“These are serious allegations and we will not tolerate any activities that call into question the integrity of the breath test system. I want to emphasize that DPS discovered these irregularities and took immediate action,” interim DPS Director Col. Stan Clark said in a press release.

The affected police departments include the Clute Police Department, the Friendswood Police Department, the Galveston Police Department, the League City Police Department, the Pearland Police Department, the Seabrook Police Department, the South Houston Police Department and the Webster Police Department.

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26 people who refused breath test were over legal driving limit

Monday, November 10, 2008, 05:38 PM

All 26 people who had blood samples taken from them by Austin police because they refused a breath test after being arrested for driving while intoxicated over the Halloween weekend were above the legal limit, police said Monday.

One of the blood samples, taken from a man who crashed into a North Austin house, showed that his blood alcohol content was .29, said Austin Police Lt. David Mahoney. The legal blood alcohol content for Texas drivers is .08.

Police arrested a total of 54 people for DWI from Oct. 31 through Nov. 1 and gave them a choice of a breath test or having a search warrant issued for their blood. Austin police said they plan to run the same operation during New Year’s Eve.

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Texas DWI Laws

Important Statutes About DWI, Ignition Interlock Devices and Drivers License Suspension Periods

1.		Driving on Roadway Laned for Traffic. Tex. Transp. Code § 545.060.
	(a)	An operator on a roadway divided into tow or more clearly marked lanes for traffic:
		(1) shall drive as nearly as practical entirely within a single lane; and
		(2) may not move from the lane unless that movement can be made safely.
2.		Conditions requiring motor vehicle ignition interlock. Tex. Code Crim. Proc. Art. 17.441.
	(a)	Except as provided by Subsection (b), a magistrate shall require on release that a defendant charged with a subsequent offense under Sections 49.04-49.06, Penal Code, or an offense under Section 49.07 or 49.08 of that code:
		(1) have installed on the motor vehicle owned by the defendant or on the vehicle most regularly driven by the defendant, a device that uses a deep-lung breath analysis mechanisim to make impractical the operation of a motor vehicle if ethyl alcohol is detected in the breath of the operator; and
		(2) not operate any motor vehicle unless the vehicle is equipped with that device.
	(b)	The magistrate may not require the installation of the device if the magistrate finds that to require the device would not be in the best interest of justice.
2.1		Interlock as a condition of community supervision. Tex. Code Crim. Proc. Ar. 42.12 § 13(i)
		...If it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed ... the court shal require as a condition of community supervision that the defendant have the device installed on the appropriate vhicle and that the defendant not operate any motor vehicle unless the vehicle is equipped with that device.
3.		No Deferred Adjudication for Intoxication Offenses. Tex. Code Crim. Proc. Art. 42.12, § 5(d)(1)(a)
	(d)	In all other cases the judge may grant deferred adjudication unless:
		(1) the defendant is charged with an offense:
		(A) under Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; ...
4.		No Early Release for DWI. Tex. Code Crim. Proc. Art. 42.12, § 20(b)
	(b)	This section does not apply to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code ...
5.		Jail Time as a Condition of DWI Conviction. Tex. Code Crim. Proc. Art. 42.14, § 13(a)(1)
	(a)	A judge granting community supervision to a defendant convicted of an offense under Chapter 49, Penal Code, shall require as a condition of community supervision that the defendant submit to:
		(1) not less than 72 hours of continuous confinement in county jail if the defendant was punished under Section 49.09(a); not less than five days of confinement in county jail if the defendant was punished under Section 49.09(b) or (c); or not less than 30 days of confinement in county jail if the defendant was convicted under Section 49.07; ...
6.		Enhanced Offenses and Penalties. Tex. Penal Code § 49.09(a) & (b)
	(a)	Except as provided by Subsection (b), an offense under Section 49.04, 49.05, 49.06, or 49.065 is a Class A misdemeanor, with a minimum term of confinement of 30 days, if it is shown on the trial of the offense that the person has previously been convicted one time of an offense relating to the operating of a motor vehicle while intoxicated, an offense of operating an aircraft while intoxicated, an offense of operating a watercraft while intoxicated, or an offense of operating or assembling an amusement ride while intoxicated.
	(b)	An offense under Section 49.04, 49.05, 49.06, or 49.065 is a felony of the third degree if it is shown on the trial of the offense that the person has previously been convicted:
		(1) one time of an offense under Section 49.08 or an offense under the laws of another state if the offense contains elements that are substantially similar to the elements of an offense under Section 49.08; or
		(2) two times of any other offense relating to the operating of a motor vehicle while intoxicated, operating an aircraft while intoxicated, operating a watercraft while intoxicated, or operating or assembling an amusement ride while intoxicated.
7.		Jury May Recommend Tat License not be Suspended. Tex. Code Crim. Proc. Art. 42.12, § 13(g)
	(g)	A jury that recommends community supervision for a person convicted of an offense under Sections 49.04-49.08, Penal Code, may recommend that any driver's license issued to the defendant under Chapter 521, Transportation Code, not be suspended. This subsectgion does not apply to a person punished under Section 49.09(a) or (b), Penal Code, and subject to Section 49.09(g) of that code.
8.		Drivers License Suspension Periods for DWI. Tex. Code Crim. Proc. Art. 42.12, § 13(k)
	(k)	Notwithstanding Sections 521.344(d)-(l), Transportation Code, if the judge, under Subsection (h) or (j) of this section, permits or requires a defendant punished under Section 49.09, Penal Code, to attend an educational program as a condition of community supervision, or waives the required attendance for such a program, and the defendant has previously been required to attend such a program, or the required attendance at the program had been waived, the judge nonetheless shall order the suspension of the driver's license, permit, or operating privilege of that person for a period determined by the judge according to the following schedule:
		(1) not less than 90 days or more than 365 days, if the defendant is convicted under Sections 49.04-49.08, Penal Code;
		(2) not less than 180 days or more than two years, if the defendant is punished under Section 49.09(a) or (b), Penal Code; or
		(3) not less than one year or more than two years, if the person is convicted of a second or subsequent offense under Sections 49.04-49.08, Penal Code, committed within five years of the date on which the most recent preceding offense was committed.
9.		Suspension of Minor's License Upon DWI Conviction. Tex. Code Crim. Proc. Art. 42.12, § 13(n)
	(n)	Notwithstanding any other provision of this section or other law, the judge who places on community supervision a defendant who is younger than 21 years of age and convicted for an offense under Sections 49.04-49.08, Penal Code, shall:
		(1) order that the defendant's driver's license be suspended for 90 days beginning on the date that the person is placed on community supervision; and
		(2) require as a condition of community supervision that the defendant not operate a motor vehicle unless the vehicle is equipped with the device described by Subsection (l) of this section.
10.		Credit for ALR Refusal Suspension. Tex. Transp. Code § 521.344
	(c)	The court shall credit toward the period of suspension a suspension imposed on the person for refusal to give a specimen under Chapter 724 if the refusal followed an arrest for the same offense for which the court is suspending the person's license under this chapter. The court may not extend the credit to a person:
		(1) who has been previously convicted of an offense under Section 49.04, 49.07, or 49.08, Penal Code; or
		(2) whose period of suspension is governed by Section 521.342(b).
11.		Community Service Provisions. Tex. Code Crim. Proc. Art. 42.12, § 16(a)
	(a)	A judge shall require as a condition of community supervision, that the defendant work a specified number of hours ata community service project or projects for an organization or organizations approved by the judge and designated by the department, unless the judge determines and notes on the order placing the defendant on community supervision that:
		(1) the defendant is physically or mentally incapable of participating in the project;
		(2) participating in the project will work a hardship on the defendant or the defendant's dependents;
		(3) the dfendant is to be confined in a substance abouse punishment facility as a condition of community supervision; or
		(4) there is other good cause shown.
12.		Community Supervision Does Not Have to be for Two Years. Tex. Code Crim. Proc. Art. 42.12, § 3(c)
	(c)	The MAXIMUM period of community supervision is two years.

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Texas Driver's License Surcharge (Fines)

Since 2003, the Texas Department of Public Safety has been authorized to levy a surcharge on driver's licenses suspended for alcohol related arrests. This charge can range from $1,000.00 to $2,000.00 per year for three years. Depending on your case, you could be facing a $6,000.00 fee just to keep your license. Now you know why it is so important to fight your license suspension.

Call the Austin DWI Lawyers at Dunham & Rogers immediately to discuss ways we can help keep your driver's license and try to dismiss or reduce your Austin DWI charge.

Dunham & Rogers handles the following types of Texas drunk driving cases:

Driving While Intoxicated - DWI
Driving Under the Influence - DUI
Driving While Intoxicated with Child Under 15
Boating While Intoxicated - BWI
Drivers License Hearings
Administrative License Revocation - ALR
DWI suspensions and hearings from Drunk Driving
Other Texas DWI and Criminal Defense matters

Dunham & Rogers handles drunk driving cases in the following cities and counties in Central Texas:

Travis County DWI/Drunk Driving information

Austin, Bee Caves, Briarcliff, Creedmoor, Del Valle, Jonestown, Lago Vista, Lake Travis, Lakeway, Manchaca, Manor, McNeil, Oak Hill, Pflugerville, Spicewood, Sunset Valley, West Lake Hills

Williamson County DWI/Drunk Driving Information

Andice, Cedar Park, Coupland, Florence, Georgetown, Granger, Hutto, Jarrell, Leander, Liberty Hill, Round Rock, Schwertner, Taylor, Thrall, Walburg, Weir

Hays County DWI/Drunk Driving Information

Buda, Driftwood, Dripping Springs, Kyle, Mountain City, San Marcos, Uhland, Wimberley

Bastrop County DWI/Drunk Driving Information

Bastrop, Cedar Creek, Elgin, McDade, Paige, Red Rock, Rockne, Rosanky, Smithville

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