McAllen, Texas Criminal Defense, Divorce and DWI Lawyer Johnathan Ball

August 16, 2010

Hidalgo County Texas Sheriff’s Deputies Find Cocaine

Filed under: McAllen Criminal Defense,McAllen Texas Criminal Defense Attorney,McAllen Texas Criminal Defense Lawyer — Tags: , , , , , , , , , , — Johnathan Ball @ 9:30 pm

Edinburg: Deputies find 42 pounds of cocaine
Comments 1
August 16, 2010 8:45 PM
NEAR WESLACO | ARMED ROBBERY

Sheriff’s deputies are looking for an illegal immigrant in connection with an aggravated robbery at a convenience store Sunday night.

Hidalgo County sheriff’s deputies responded an alarm to the Kwik-E Mart south of Mile 12 North along Farm-to-Market Road 1015 at about 10:30 p.m. Sunday, according to a department statement.

Upon arrival, the store’s clerk told deputies she had been held at gunpoint by a Hispanic man who fled south in a blue Chevrolet Trailblazer. The man took an undisclosed amount of cash, deputies said.

Deputies checked the SUV’s license plates, which led to a house at 3002 Clifford St., near the intersection of Mile 9 1/2 North and Mile 6 1/2 West.

Patrol and linebacker deputies caught up to the Trailblazer as it approached the house. A woman inside the SUV was detained, but the driver, a man, escaped.

The woman identified the driver as Leonardo Geronimo Zaleta, 28, who was deported in 2007 and 2008 after separate burglary arrests.

A tracking dog was unable to find Zaleta.

An arrest warrant for aggravated robbery has been issued for Zaleta. If arrested and convicted of aggravated robbery, Zaleta could spend up to life in prison and face up to a $10,000 fine.

Anyone who has seen Zaleta is urged to call Hidalgo County Crime Stoppers at (956) 668-8477.

EDINBURG | DRUG BUST

Hidalgo County sheriff’s deputies arrested two men allegedly found with cocaine on Sunday.

Investigators received a tip that a black Chevrolet Tahoe would be transporting the drugs Sunday afternoon in Edinburg, deputies said in a statement

A canine deputy unit pulled over a black Tahoe on traffic violations about 5 p.m. Sunday near Farm-to-Market Roads 1925 and 493.

Deputies attempted to arrest Juan Manuel Morales, who was driving the Tahoe, on undisclosed traffic violations. Gabriel Cedillo was a passenger in the vehicle.

The drug dog sniffed the SUV and 42 pounds of cocaine were found inside.

Both men were formally charged with possession of a controlled substance at an arraignment hearing Monday afternoon at the Hidalgo County Jail. Bond for Morales was set at $30,000. Cedillo received a $25,000 bond.

Because of the weight of the drugs, each man could spend up to life in prison and face up to a $100,000 fine upon conviction.

HIDALGO | FUGITIVES ARRESTED

Customs officers in Hidalgo arrested two fugitives last week who were wanted for allegedly committing an armed robbery.

Officers patrolling the Hidalgo International Bridge Saturday identified a Houston couple traveling into the United States as Luis Cruz, 27, and Crystal Salazar, 23 — two fugitives wanted by the Harris County Sheriff’s Office for charges stemming from an armed robbery.

Cruz and Salazar — both U.S. citizens— were transferred to the Hidalgo Police Department. Both are pending extradition proceedings to Harris County.

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Monitor staff writers Jared Taylor and Ana Ley compiled this report.

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October 16, 2009

Border Patrol makes six drug busts across Starr County

Filed under: McAllen Criminal Defense,McAllen Texas Criminal Defense Attorney — Tags: , , , , , , , , , , , — Johnathan Ball @ 6:14 pm

Border Patrol makes six drug busts across Starr County

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October 15, 2009 9:05 AM
Jared Taylor
The Monitor

ESCOBARES | DRUG BUST

U.S. Border Patrol agents said they encountered two pickup trucks Tuesday night traveling north together from the Rio Grande near Escobares. As the agents tried to stop the pickups, the lead truck, a pewter Chevrolet, accelerated north. The black Ford F-150 that was tailing the truck made a U-turn, agents said.

Minutes later, agents found the F-150 abandoned behind a nearby business. The truck was filled with 923 pounds of marijuana. The Chevrolet pickup truck escaped. The drugs have a street value of $738,400.

LA CASITA | DRUG BUST

U.S. Border Patrol agents seized nearly a ton of marijuana during a Tuesday morning chase near La Casita, according to an agency statement.

Agents used a spike strip to stop a truck. The truck’s driver bailed out into the nearby brush and managed to evade agents, who found 1,849 pounds of marijuana with the pickup truck. The drugs have a street value of more than $1.4 million.

GARCENO | DRUG BUST

U.S. Border Patrol agents working here Monday morning said they saw several people carrying bundles on their backs. As the group emerged from the brush, they began loading the bundles into a green 1994 Ford F-150 pickup truck that arrived at the area.

The driver headed north toward U.S. Highway 83 but bailed out of the truck after agents tried to pull him over. The driver escaped into the nearby brush.

Agents counted 676 pounds of marijuana in the bed of the pickup truck. The drugs have a street value of $540,800.

RIO GRANDE CITY | DRUG BUST

U.S. Border Patrol agents patrolling south of Rio Grande City on Monday evening said they saw five people climb out of the Rio Grande with bundles strapped to their backs. The group continued north until agents confronted them. The smugglers dropped their packs and took off into the nearby brush, evading arrest.

Agents rounded up and seized the abandoned 388 pounds of marijuana. The drugs have a street value of $310,400.

FRONTON | DRUG BUST

U.S. Border Patrol agents found 489 pounds of marijuana here Sunday after they saw several people carrying bundles from the Rio Grande. Agents confronted the smugglers, who then dropped the drugs and swam across the river to Mexico. Agents said they also found a small aluminum boat loaded with marijuana. The drugs have a street value of $391,200.

LA GRULLA | DRUG BUST

U.S. Border Patrol agents seized 380 pounds of marijuana Saturday that was being transported from the general area of the Rio Grande. Agents conducting a traffic stop found the drugs inside the rear passenger seat area. The drugs have a street value of $304,000.

October 11, 2009

Man confesses to killing wife, burying her in yard

Filed under: McAllen Criminal Defense,McAllen Texas Criminal Defense Attorney,Uncategorized — Tags: , , , , , , , , , , , — Johnathan Ball @ 6:18 pm
Jeremy Roebuck
The Monitor

ALAMO — Nearly six months after he allegedly killed his wife, Jose Perez walked into the San Juan Police Department, flagged down an officer and confessed.

With no investigators on his trail and no evidence pointing in his direction, the construction worker in his early 50s told police Friday that he strangled his wife in May and buried her in the backyard of their home northeast of Alamo, San Juan Police Chief Juan Gonzalez said.

“He committed a heinous act. He committed murder,” the chief said. “I think it was just laying on his conscience.”

Hidalgo County sheriff’s deputies unearthed the badly decomposed body of Agapita Perez, 48, nearly eight hours later, after her husband led them through the crime scene.

In the months leading up to her slaying, Jose Perez had argued with his wife over his suspicion that she was cheating on him with a man in Reynosa, according to the account he gave police.

The couple called sheriff’s deputies to their home on the 8000 block of Jam Square Road four times from February to May to referee disputes between them. But on May 24, their argument turned fatal, Hidalgo County Sheriff Lupe Treviño said.

Not knowing their mother’s fate, the couple’s children asked sheriff’s deputies to check on their parents four days after she died.

Investigators visited the couple’s home but eventually called off their search when one of the couple’s sons said he had talked to his father on the phone and thought he heard his mother’s voice in the background.

“(Jose Perez) told him that they were in Reynosa and working out their problems,” the sheriff said. “There was no reason to believe they were in any danger.”

But by Friday, something had triggered Jose Perez’s guilt.

He first asked one of his sons to take him to the Donna Police Department just before 8 a.m. For some unknown reason, he changed his mind and asked to be driven to San Juan, said Gonzalez, the city’s police chief.

“He didn’t confess to his son,” he said. “He just told him that he had done something really bad and couldn’t live with it anymore.”

Because the house is outside city limits, the sheriff’s office was called in to take over the case.

Deputies spent much of the afternoon milling around the Perez family property waiting for a search warrant to dig up the earth. With Jose Perez by their side, they entered the backyard just before 2 p.m.

One of the man’s sons — looking on from behind crime scene tape — burst through a gate on an adjacent property to catch a glimpse of what his father would reveal, but family members eventually dragged him back behind police lines.

Investigators hope an autopsy of Agapita Perez’s body will corroborate much of her husband’s story. Without it, little evidence exists beyond his confession to convict him of murder, they said.

As of late Friday night, Jose Perez remained in the Hidalgo County Jail pending an arraignment hearing this afternoon where he is expected to be charged with murder.

Should he be convicted, he could face up to life in prison and a fine of up to $10,000.

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Jeremy Roebuck covers courts and general assignments for The Monitor. You can reach him at (956) 683-4437.

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September 26, 2009

Alton armed robbery suspects arrested after standoff

Filed under: McAllen Criminal Defense,McAllen Texas Criminal Defense Attorney,Texas Criminal Defense — Tags: , , , , , , , , , , , , , , , , — Johnathan Ball @ 5:24 pm
Jared Taylor
The Monitor

ALTON — Officers’ final suspect in an armed robbery fell into their lap Thursday evening.

Alton police responded about 5:15 p.m. Thursday to a report that four men had robbed a Pocket cell phone store near the intersection of Five Mile Line and Bryan roads.

The store clerk told police one of the four criminals covered his face with a blue T-shirt, demanded mobile phones and cash, and displayed a gun during the robbery, said Enrique Sotelo, Alton’s interim police chief.

An Hidalgo County sheriff’s deputy spotted the black Chrysler 300 that the suspects took off in after the incident.

Officers arrested the vehicle’s two teenage occupants, who eventually told police the other duo was hiding out in the attic of a house on Kantulil Street, near the intersection of 5 1/2 Mile Line and Bryan Road, police said.

Police tried to coax the pair from the tiny attic but were unable to reach them at right away, Sotelo said. The suspects were hiding in a space only about 2 feet tall.

“We tried negotiations for a couple of hours,” Sotelo said. “We couldn’t get anybody out.”

Officers called in a canine unit from Palmview to try to scare the suspects from the attic, but the dog could barely fit inside and almost broke through the ceiling.

Finally, Sotelo crawled into the attic himself, he said, and pulled out one of the teens hiding beneath the fiberglass insulation.

Minutes later, the other crashed through the ceiling and onto the floor, where officers were waiting for him.

The four teens — ages 16-18 — will face aggravated robbery charges in connection with Thursday evening’s events, which wrapped up about 9:15 p.m., police said.

Officers recovered about 20 mobile phones and some cash believed to have been stolen from the store, Sotelo said. No injuries were reported in connection with the robbery or standoff.

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Jared Taylor covers law enforcement and general assignments for The Monitor. You can reach him at (956) 683-4439.

May 20, 2009

Postal inspectors looking for four narcotics suspects in McAllen

Filed under: McAllen Criminal Defense,McAllen Texas Criminal Defense Attorney,Texas Criminal Defense — Tags: , , , , , , , , , — Johnathan Ball @ 6:04 pm

Postal inspectors looking for four narcotics suspects

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May 20, 2009 – 3:09 PM
Jared Taylor
The Monitor

McALLEN — Area U.S. Postal Inspectors are looking for four men believed to reside near Alton who are suspected of a shipping narcotics through the mail.

The four men are wanted on federal charges related to possession with intent to distribute a controlled substance and using the U.S. Postal Service, to distribute controlled substances.

Investigators say they are looking for:

>> Concpcion Gonzalez, 38, a Hispanic man who stands 5 feet 8 inches tall, weighs 230 pounds, has black hair and brown eyes. Gonzalez has tattoos on his back, left shoulder, left hand, right shoulder, abdominal muscles, left calf and chest.

>> Roman Vasquez-Mendez, 29, a Hispanic man who stands 5 feet 7 inches tall, weighs 160 pounds, has brown hair and brown eyes. Vasquez-Mendez has tattoos on his left hand, chest, right arm, abs, left forearm, upper left arm and upper right arm. Vasquez-Mendez is nissing his right foot, inspectors said.

>> Tomas Silva, 31, a Hispanic man who stands 6 feet tall, weighs 300 pounds, has brown hair and brown eyes.

All three men are known to reside near Alton or Mission, inspectors said.

Inspectors also are looking for Eduardo “Lalo” Garcia Quijano, who is described as Hispanic, stands 5 feet 5 inches tall, weighs 210 pounds and has short black hair.

Anyone with information on the whereabouts of these men is encouraged to contact the local U.S. Postal Inspectors office in McAllen at (956) 871-1721. Callers may be eligible for a reward of up to $50,000 for information that leads to the arrest and conviction of anyone who uses the mail to distribute narcotics.

May 14, 2009

Two Handy co-defendants plead guilty

Filed under: McAllen Criminal Defense,McAllen Texas Criminal Defense Attorney,Texas Criminal Defense,Uncategorized — Tags: , , , , , , , , , , , — Johnathan Ball @ 2:57 pm

Two Handy co-defendants plead guilty

Comments 17 | Recommend 8

May 13, 2009 – 8:09 PM
Jeremy Roebuck
The Monitor

McALLEN — Two women told a federal judge Wednesday that they helped Hidalgo County Precinct 1 Commissioner Sylvia Handy fleece taxpayers out of more than $111,000.

Maria de los Angeles Landa de Hernandez, 27, pleaded guilty to one count of conspiracy and conceded she collected a county paycheck while working as Handy’s personal housekeeper and babysitter over a period of five years. During that time, Hernandez did no actual government work and did not have legal status to work in the country.

Eloisa Andrade Uriegas, a 58-year-old McAllen schools employee, said she loaned Hernandez her Social Security number so as not to draw attention on personnel records.

Their court hearing Wednesday marks the first admissions of guilt in an investigation that has hounded Hidalgo County’s first elected female commissioner for more than two years.

But Handy continued to assert her innocence, and her attorney questioned the motives of her co-defendants.

Under a plea agreement with federal prosecutors, both Hernandez and Uriegas have agreed to cooperate in the ongoing case. The government will likely recommend a reduced sentence for both women should their assistance prove useful.

“People who are guilty plead guilty,” said Al Alvarez, Handy’s lawyer. “We haven’t because we’re not guilty. I really think you have to look at what these women are getting in exchange for their guilty pleas.”

FBI agents arrested Handy, 52, and her 35-year-old husband, Juan Gabriel Espronceda, at their Weslaco home April 2. Both stand accused of multiple counts of conspiracy and harboring illegal immigrants.

According to a 76-page indictment, Handy put Hernandez and another illegal immigrant who remains unindicted in the case on her Precinct 1 payroll under assumed names. Although both were granted jobs as maintenance workers, prosecutors allege neither did any work in the office for the thousands of dollars in pay and benefits they received.

Hernandez, who received a government paycheck up until January 2006, even received several sham promotions and used part of her salary to make regular $600 loan payments to the bank that held Handy’s mortgage on a plot of land the commissioner had purchased in Mercedes, the indictment states.

Hernandez finally gave up her position more than a year before a county audit raised questions about payroll practices in Handy’s office.

Handy’s former attorney – Ralph Martinez – has previously said Hernandez worked in the commissioner’s home but that Handy had no knowledge of the woman’s immigration status. He said his client later helped the woman find a legitimate county job after she left the commissioner’s household.

Alvarez, Handy’s current attorney, said Wednesday evening that he was not yet familiar enough with the case to back Martinez’s statements.

“The truth always comes out in court,” he said. “We look forward to the chance to tell our side of the story.”

Hernandez and Uriegas each face up to 10 years in prison at a sentencing hearing scheduled for later this year.

Handy and Espronceda are set to face a jury next month.

Police name carnival worker as girl’s kidnapper

Filed under: McAllen Texas Criminal Defense Attorney,Texas Criminal Defense — Tags: , , , , , , , , , , , , — Johnathan Ball @ 2:54 pm

Police name carnival worker as girl’s kidnapper

Comments 54 | Recommend 2

May 14, 2009 – 8:42 AM
Jared Taylor
The Monitor

HIDALGO — Police have released the name of the man they believe kidnapped a 4-year-old Hidalgo girl on Tuesday night.

Christian Elijalee McMillan, a 23-year-old California carnival worker who was living in Mercedes was arrested late Wednesday night after police found little Lesley Estefania Perez, more than 24 hours after she was taken.

Lesley was taken to Knapp Medical Center in Weslaco, where she was checked for signs of injury or abuse.

Authorities would not clarify whether there were signs of sexual assault, but family members confirmed that she had not been abused during her day with McMillan. The only sign of injury appears to be red marks around Lesley’s wrists, from when she was tied up during the kidnapping.

McMillan did not know the girl or her family before taking the little girl, Hidalgo police said at a press conference this morning. Police said McMillan likely took Lesley with intentions to sexually assault her. (Click here to view video from Thursday’s press conference)

Police found McMillan and Lesley at a rented farm near Mercedes. They were watching the farm when he came outside without realizing they were there and they arrested him.

McMillan had a history as a sexual predator, police said and had cased the neighborhood for three days before grabbing the little girl, who is now back with her family. Nobody reported the suspicious activity to police.

“We have to keep our eyes open,” said John Johnson, who heads the McAllen FBI office.

Lesley’s 12-year-old sister Brianda proved to be critical to the kidnapping investigation. She was the one tried to protect Lesley and  wrestled with McMillan before he took the 4-year-old from her grip. The description she gave investigators matched McMillan’s profile and the white F-150 was found at the farm, partially painted with primer as if he were trying to disguise the vehicle, authorities said.

“She was an incredibly informative witness for us,” Johnson said.

Arnold Schwarzenegger: it’s high time to review marijuana law

Filed under: Uncategorized — Tags: , , , , , , , , — Johnathan Ball @ 2:45 pm

Arnold Schwarzenegger: it’s high time to review marijuana law

Arnold Schwarzenegger has never apologised for smoking pot – and loving it — at the height of his bodybuilding career in the 1970s. Now, as a struggling Republican governor of California reaching a crossroads in his political career, he might yet become America’s most visible advocate for legalising marijuana.

The actor-turned-politician gladdened the heart of every joint-roller and dope fiend across the Golden State earlier this week when he said it was time for a full debate on legalisation.

Schwarzenegger was careful not to say too much – he stopped shorting of saying he was in favour of legalising cannabis now – but his words broke a long-standing taboo among both Republicans and Democrats who have previously felt obliged to say marijuana must remain illegal, and marijuana users and pushers be subject to criminal prosecution.

The governor spoke in response to a new public opinion poll showing that 56% of registered voters in California favour legalising and taxing marijuana – in part to help the state out of the worst budget crisis in its history. The state faces a shortfall of billions of dollars a year because of the bad economy, and public services from schools to hospitals to fire-fighting services are under mounting threat.

Asked if he too favoured legalisation, Schwarzenegger told reporters: “Well, I think it’s not time for that, but I think it’s time for a debate. I think all of those ideas of creating extra revenues [are worth considering] … I think we ought to study very carefully what other countries are doing that have legalised marijuana and other drugs. What effect did it have on those countries?”

The redwood forests of northern California are famous for their marijuana cultivation, creating an underground economy that has continued to thrive despite America’s decades-long war on drugs. The Golden State has been a leading rebel against the federal government’s strict interdiction policies, becoming the first of 14 US states to allow marijuana for medical use as far back as 1996.

Legalisation, however, has never been a serious part of the agenda.

The most immediate effect of the governor’s comments is likely to be a boost for a legalisation bill recently introduced in the state assembly by a San Francisco liberal Democrat called Tom Ammiano. Such bills pop up every few years and are almost always ignored or defeated, but this one may just be different now.

“I look forward to working with the governor and my colleagues in the effort to be the first state in the nation to enact commonsense policy on marijuana,” an elated Ammiano said. His proposed system of legalising and taxing marijuana would raise an estimated $1.3bn a year in tax revenue alone, according to state legislative analysts. The savings in law enforcement and incarceration costs could be many billions more.

Schwarzenegger may feel he has little to lose. He feels out of step within an increasingly rigid, increasingly hardline conservative Republican party, and the economic crisis in California has pushed his popularity ratings below 40%.

May 10, 2009

DWI and the Breath Analyzer Accuracy

Filed under: McAllen Texas Criminal Defense Attorney,McAllen Texas DWI Lawyer — Tags: , , , , , , , , , , , , , , , , , , — Johnathan Ball @ 5:12 pm

Breath Analyzer Accuracy

by David J. Hanson, Ph.D.

About half of all alcohol-related traffic accident fatalities involve drivers with a Blood Alcohol Concentration (BAC) of about .16 or higher. A significant proportion of such high-BAC drivers are hard core drunk drivers; they repeatedly abuse alcohol and drive while intoxicated. Hard core drunk drivers are a major threat to the safety of themselves and others. Breath analyzers are a major tool in convicting such dangerous offenders.

Breath analyzers (Breathalyzer, Intoxilyzer, Alcosensor, Alcoscan and BAC Datamaster are common brand names) don’t actually test blood alcohol concentration (BAC), which requires the analysis of a blood sample. Instead, they estimate BAC indirectly. Different types of machine use different techniqes and larger machines generally yield better estimates than do hand-held models. Therefore, some states don’t permit data or “readings” from hand-held machines to be presented as evidence in court. South Dakota does not even permit evidence from any type or size breath tester but relies entirely on blood tests to ensure accuracy and protect the innocent.

A major problem with some machines is that they not only identify the ethyl alcohol (or ethanol) found in alcohol beverages, but also other substances similar in molecular structure. Those machines identify any compound containing the methyl group structure. Over one hundred compounds can be found in the human breath at any one time and 70 to 80 percent of them contain methyl group structure and will be incorrectly detected as ethyl alcohol. Important is the fact that the more different ethyl group substances the machine detects, the higher will be the false BAC estimate.

The National Highway Traffic Safety Administration (NHTSA) has found that dieters and diabetics can have acetone levels hundreds and even thousand of times higher than that in others. Acetone is one of the many substances that can be falsely identified as ethyl alcohol by some breath machines.

One investigator has reported that alcohol-free subjects can generate BAC readings of about .05 after eating various types of bread products.

Substances in the environment can also lead to false BAC readings. For example, an alcohol-free subject was asked to apply a pint of contact cement to a piece of plywood and then to apply a gallon of oil-base paint to a wall. The total activity lasted about an hour. Twenty minutes later the subject was tested on an Intoxilyzer, which registered a BAC of .12 percent. This level is 50% higher than a BAC of .08, which constitutes legal intoxication in many states.

Ignition Interlocks

An ignition interlock is a device installed in a vehicle to prevent its use if a driver has been drinking alcohol. It includes a breath testing device into which the driver must blow before starting the engine.

The blood-alcohol concentration (BAC) limit for starting the car is very low, under .025, which is less than 1/3 the legal limit of .08. Therefore drivers are advised by authorities not to eat or smoke before trying to start their vehicles. Otherwise, the device may prevent them from driving.

Repeat DUI offenders to get ignition interlock: blood-alcohol level must be below .025 to start car. TheWGALChannel.com, 10-1-03.

Similarly, a painter with a protective mask spray painted a room for 20 minutes. Although a blood test showed no alcohol, an Intoxilyzer falsely reported his BAC as .075.

Any number of other products found in the environment can cause erroneous BAC results. These include compounds found in lacquers, paint removers, celluloid, gasoline, and cleaning fluids.

Other common things that can cause false BAC levels are alcohol, blood or vomit in the subject’s mouth, electrical interference from cell phones and police radios, tobacco smoke, dirt, and moisture.

Breath testers can be very sensitive to temperature and will give false reasings if not adjusted or recalibrated to account for ambient or surrounding air temperatures. The temperature of the subject is also very important. Each one degree of body temperature above normal will cause a substantial elevation (about 8%) in apparent BAC.

Many breath testing machines asume a 2,100-to-1 ratio in converting alcohol in the breath to estimates of alcohol in the blood. However, this ratio varies from 1,900 to 2,400 among people and also within a person over time. This variation will lead to false BAC readings.

Physical activity and hyperventilation can lower apparent BAC levels. One study found that the BAC readings of subjects decreased 11 to 14% after running up one flight of stairs and 22-25% after doing so twice. Another study found a 15% decrease in BAC readings after vigorous exercise or hyperventilaion.

Some breath analysis machinnes assume a hematocrit (cell volume of blood) of 47%. However, hematocrit values range from 42 to 52% in men and from 37 to 47% in women. A person with a lower hematocrit will have a falsely high BAC reading.

Failure of law enforcement officers to use the devices properly or of administrators to have the machines properly maintained and re-calibrated as required are additional sources of error.

Research indicates that breath tests vary at least 15% from actual blood alcohol concentration. At least 23% (that’s about one out of every four) of all individuals tested will have a BAC reading higher than their actual BAC.

One writer has observed that

Breath testing, as currently used, is a very inaccurate method for measuring BAC. Even if the breath testing instrument is working perfectly, physiological variables prevent early reasonable accuracy….Breath testing for alcohol using a single test instrument, should not be used for scientific, medical or legal purposes where accuracy is important. 1

Solutions

There are good ways to virtually eleminate being unfairly conviced of impaired or intoxicated driving. One is to choose not to drink, another is to pace the rate of drinking and follow other tips for maintaining a low BAC, and another is to select a designated driver.

  1. Don’t Drink – If you choose not to drink, you’ll find that it’s not a big deal to decline a drink. Here are some possibilities:
    • No thanks.
    • No thanks; I feel good enough already.
    • Sorry, my analyst won’t let me.
    • I can’t because I get high on grape juice.
    • Not now — I’m testing my willpower.
    • No thanks — I want a clear head to appreciate you fully.
    • Not right now — the party’s wild enough as it is.
    • Sorry, I never drink on Friday (or whatever day it is).
    • Sorry, I promised my parents (spouse, date, etc.) that I wouldn’t.
    • No thanks — I prefer to watch.
    • No thanks — Suzie (or whoever) can’t stand me when I drink.
    • Sorry — I’m taking medication.
    • No thanks, but I’d love to have a Pepsi.
    • Sorry, but I’m the designated driver.
    • You can also “lose” alcohol drinks or order such drinks as water, orange juice, seltzer with a twist of lemon, or any of a number of other beverages that lool like alcohol beverages. Most people don’t really pay much attention to how much others are drinking and you might find that you actually enjoy yourself as much or more without becoming intoxicatecd. There’s no hangover and it’s certainly much safer.
  2. Maintain Low BAC – If you choose to drink but wish to keep your BAC low, here are some tips:
    • Don’t be fooled. The contents of the typical bottle or can of beer, glass of wine, or liquor drink (mixed drink or straight liquor) each contain virtually identical amounts of pure alcohol. When it comes to alcohol, a drink is a drink is a drink and are all the same to a breathalyzer.
    • Know your limit. If you are not sure, experiment at home with your spouse or some other responsible adult. Explain what you are attempting to learn. Most people find that they can consume one drink per hour without any ill effects. Also, experiment with the Drink Wheel, which can be very informative.
    • Eat food while you drink. Food, especially high protein food such as meat, cheese and peanuts, will help slow the absorption of alcohol into your body.
    • Sip your drink.
    • Avoid “chugging” contests or other drinking games.
    • Skip a drink now and then. Having a non-alcohol drink betwen alcoholic ones will help keep your blood alcohol concentration down, as does spacing your alcohol drinks
    • Beware of unfamiliar drinks. Some drinks, such as zombies and other fruit drinks, can be deceiving as the alcohol content is not easily detectable. Therefore, it is difficult to space them properly.
  3. Use or Be a Designated Driver
    • Consider either using or being a designated driver. A designated driver is simply a person who agrees to abstain from alcohol and be responsible for driving others home. The others are free to drink or not as they choose. Many establishments provide free non-alcohol beverages to designated drivers.
    • Designated drivers have probably saved 50,000 lives and spared many more thousands of people from suffering injury from druink driving. 2 Over nine out of 10 Americans who attend social evernts where alcohol is served woould like to see designated drivers used. 3 And the proportion of people either using or being a designated driver has increased dramatically over time. Over 73,000,000 Americans either serve as a designated driver or are driven home by one. 4

A designated driver helps friends and family:

  • Avoid embarrassment,
  • Keep their driver’s licenses,
  • Avoid fines,
  • Stay out of jail, and
  • Prevent needless injury and death. 5

There are a number of advantages to the designated driver concept.

The non-drinker has a legitimate and respected role at a social function where alcohol is served. There is no stigma to abstaining because the designated driver is considered an important member of the group. Being a designated driver can also help legitimate a personal choice not to drink.

The designated driver approach prevents driving under any level of impairment because that person consumes no alcohol. It doesn’t require a driver or passenger to determine if a person is too impaired to drive.

The server or host can offer a positive alternative to drunk driving by encouraging a groups to designate a driver.

The designated driver concept is easy to understand, simple to implement, costs nothing, and is effective. 6

Tips for designated drivers:

  • Plan ahead whenever you are going to socialize wtith alcohol beverages.
  • Decide ahead of time who will not drink any alcohol before or during the party or event.
  • Consider taking turns being the designated driver. Look after your friends and family and they can look after you.
  • Larger groups should have more than one designated driver. 7

Breathalyzers may be inaccurate and often lead to unjust fines, imprisonment, loss of employment, and other serious problems but you needn’t worry if you choose not to drink, to maintain a low BAC, or to use a designated driver.

Alleged Gulf Cartel member awaits trial on 2000 drug charges

Filed under: Uncategorized — Tags: , , , , , , , , , , , , , , , , , , , , , , — Johnathan Ball @ 4:56 pm

Alleged Gulf Cartel member awaits trial on 2000 drug charges

September 22, 2008 – 9:29 PM
By Emma Perez-Treviño

 Osiel Cardenas Guillen continues to await his trial on 2000 drug trafficking charges as U.S. Attorneys process his alleged Gulf Cartel associates who were arrested earlier this month.

Cardenas Guillen was indicted in 2000 and was later extradited by Mexico to the U.S. in 2007. He faces charges of drug trafficking and assaulting and threatening to murder a FBI agent and a sheriff’s deputy, public records show.

Several weeks ago, U.S. District Judge Hilda G. Tagle moved Cardenas Guillen’s trial in the Brownsville Division of the U.S. District Court Southern District of Texas to March 2009.

His attorneys, including Roberto Yzaguirre from Yzaguirre & Chapa of McAllen, requested the continuance noting that despite months of review, they have been unable to review all the material. They also claim that some of the material must be translated from English to Spanish or Spanish to English.

Cardenas Guillen’s attorneys also maintain that their review of material with their client is “severely limited” because of his restrictive confinement and the few hours a week that they are allotted with him.

Yzaguirre also represents Roma resident Jose Carlos Hinojosa, 31, aka “Charlie,” aka “Sobrino,” who was named earlier this month along with nine other suspects in a 17-count indictment filed in the McAllen Division of the U.S. District Court Southern District of Texas.

Yzaguirre was not available for comment.

The suspects are charged with drug trafficking and conspiracy to launder money.

Hinojosa along with Raymundo Edgar Gonzalez, 37, and Sergio Ivan Olivarez-Flores, 24, who were named in the indictment, pleaded not guilty Thursday and are being held without bond.

The 10 suspects are among 507 persons, including Cardenas Guillen’s brother Ezequiel Cardenas Guillen, arrested or indicted in a 15-month federal investigation called Project Reckoning led by the Drug Enforcement Administration.

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