It's 5 O'Clock Somewhere: Man Slides Under Legal Limit, Police Say
Police say a Racine man with a suspended license is caught driving through Mount Pleasant with his girlfriend's car, which has a suspended registration.
A 54-year-old Racine man who appeared intoxicated Friday morning is accused instead of driving his girlfriend’s car with a suspended registration while he has a suspended driver’s license.
Reynaldo Joseph Gonzales was charged in Racine County Circuit Court Monday with one count of operating a motor vehicle after revocation of his license and one count of bail jumping. If convicted, he faces up to 21 months in prison and $12,500 in fines.
According to the criminal complaint, at 9:15 a.m. Friday, a Racine County Sheriff’s deputy was traveling westbound on Highway 20 in Mount Pleasant when Gonzales changed lanes without signaling in front of him. The deputy ran the license plate of the car and discovered it was listed as suspended, but a 2013 registration sticker was on the plate.
The deputy pulled the car over and when he told Gonzales about the plate, the defendant responded, “It’s my girlfriend’s car.” The officer then looked up Gonzales’ license and discovered it was also revoked.
Gonzales also smelled of alcohol, but he passed field sobriety tests and had a blood alcohol level of 0.066, which is just below the legal limit of intoxication to drive in Wisconsin.
Gonzales is currently being held in Racine County Jail on $500 bond while awaiting trial.
Richard Head
6:32 pm on Monday, December 10, 2012
I took a look at CCAP - quite a history. His drinking and driving is a problem - a growing problem. Multiples. I'm surprised that he wasn't held to a lower limit.
Anyways, as much as it would have inconvenienced him, had there been an ignition interlock installed on the vehicle, operated off sensors in the steering wheel - he could be safely drunk at home - instead of drying out in the jail.
Michelle G
6:55 pm on Monday, December 10, 2012
What are you even talking about? He was under the limit. The plates and suspended license are one thing, but he wasn't intoxicated. Under the legal limit is what I read?
Richard Head
8:55 am on Tuesday, December 11, 2012
CCAP is your friend - well, sometimes, as well as the LAW.
From CCAP - Mr. Gonzalez was convicted of OWI 2 on 11-10-2008.
Concerning Wisconsin's Law:
"New PAC Level of 0.02 for Offenders Subject to IID Orders. The new law extends the prohibited alcohol concentration (PAC) level of 0.02 to any person who is subject to an IID order for the entire duration of that order.32 Under the old law, the PAC level of 0.02 applied only to persons with three or more OWI convictions.33 As a result, individuals driving under IID orders may receive an additional PAC charge if they are arrested and have a PAC equal to or greater than 0.02, regardless of the offense number. Although they might not be charged with OWI if they are at the 0.02 level, a PAC charge of this type will subject an offender to the same potential penalties that an additional OWI or 0.08 PAC charge carries: an alcohol-related offense conviction with additional jail time and fines. "
http://www.wisbar.org/AM/Template.cfm?Section=Wisconsin_Lawyer&template=/CM/ContentDisplay.cfm&contentid=93421
IID = Ignition Interlock Device
4th. DUI = Arrest, charges and conviction on BAC .02 and higher.
Richard Head
9:02 am on Tuesday, December 11, 2012
For those who are interested - take a look at Wisconsin's Drunk Driving Laws:
http://wilawlibrary.gov/topics/justice/crimlaw/drunk.php