Posts Tagged ‘Traffic’

Seat Belt Crackdown In the Works for Memorial Day

May 31st, 2010 | Posted in Local Issues by bloom | No Comments »

Louisiana police and highway safety agencies are beginning the “Click-It or Ticket” campaign with the hope of stepping up education and seatbelt use in the state. Currently, seatbelt use has remained at 75 percent since 2004, which is 8 percent lower than the national average for 2008 at 83 percent. However, it is light-years ahead of the 1986 seatbelt use statistic of 12 percent. According to Lt. Col. John LeBlanc, executive director of the Louisiana Highway Safety Commission, each percentage point below the national average is roughly equivalent to 8 lives lost on our roads from not wearing a seat belt. Additionally, Tom Ed McHugh, executive director of the Louisiana Municipal Association, stated that 65% of the 900 people lost on our roads in 2008 were not restrained properly.

In an effort to do this, the Louisiana Highway Safety Commission is planning to put up 2,500 new “Buckle Up, America” signs and have given an extra $1.3 million dollars to put extra patrolmen on the road to step up enforcement. Sgt. Markus Smith, a state police spokesman, said the “Click-It or Ticket” effort is timed for Memorial Day weekend in an effort to stop the traffic accident increase that occurs during this weekend every year.

Motorcycle Safety a Concern In Louisiana

May 18th, 2010 | Posted in Local Issues by bloom | No Comments »

A report released by the Governors’ Highway Safety Association last week has drawn attention to what seems to be a growing problem in Louisiana: motorcycle safety. The state’s motorcycle related deaths increased by 28 percent this year to 104 deaths from the 81 in 2008. However, this number is made all the more disturbing by the fact that, nationally, deadly crashes decreased by 10 percent with motorcycle fatalities dropping from 5,290 in 2008 to 4762 in 2009.

Economists and experts have offered many explanations for the decline in motorcyclist deaths nationally. Some include less motorcycle use due to the economic downturn, fewer beginning motorcyclists on the road, increased state efforts on motorcycle safety and poor cycling weather in some areas.

Some reasons for Louisiana’s increase have been discussed and the temporary absence of a motorcycle safety program offered by the state for six months is seen as a major factor. The program was shut down while it was moved from the Department of Education to the Department of Public Safety. These classes, while not required to receive a motorcycle endorsement on your driving license, are attended by roughly 2,000 people each year. Other factors for the state’s jump in road deaths is an increase in the number of alcohol related deaths as well as a longer riding season due to the state’s temperate climate.

Kenner police book woman in Wednesday’s fatal crash on I-10

February 11th, 2010 | Posted in Local Issues by bloom | No Comments »


By Ramon Antonio Vargas, The Times-Picayune
February 11, 2010, 8:44AM
carol-banks.jpegCarol Banks, 62

A 62-year-old woman accused of causing a car crash that killed three people in Kenner on Wednesday was booked with three counts of negligent homicide, police officials announced Thursday morning.

Carol Banks, of the 3600 block of Loyola Drive in Kenner, was also jailed with reckless operation of a vehicle and hit-and-run driving, Lt. Wayne McInnis said.

Meanwhile, officials identified the three victims killed in the 4 p.m. wreck on Interstate 10 between Interstate 310 and Williams Boulevard as Gerard Faucheux, 42, of Meadville, Miss.; his father, Nelson Faucheux, 72, of the St. James Parish community of Paulina; and his mother, Shirley Faucheux, 72, of Paulina.

Witnesses and physical evidence helped investigators determine that Banks sped west on I-10 in her 1998 Mercury Grand Marquis in the moments leading up to the wreck, McInnis said.

At some point, she swerved from the left lane to the center lane and struck a Toyota Sienna that Gerard Faucheux drove. The Siena slid on its side, across the median and directly into the path of Chevy Tahoe driving on I-10′s eastbound span.

Faucheux and his parents all died in the car after the Tahoe barreled into them.

Meanwhile, Banks drove on, McInnis said. She took the Loyola Drive exit, where Kenner police officers responding to 911 calls about the wreck detained her.

Louisiana law punishes negligent homicide with up to five years in prison upon conviction.

Destrehan DWI offender pleads guilty in two Metairie drunken driving wrecks

February 5th, 2010 | Posted in DUI/DWI, Local Issues by bloom | No Comments »


By Michelle Hunter, The Times-Picayune
February 04, 2010, 6:01PM

Craig Codina, a multiple DWI offender from Destrehan, pleaded guilty Monday to vehicular homicide and third-offense DWI in connection with two separate Metairie car crashes.

craig.codina.jpgCraig Codina of DestrehanCodina, 26, also pleaded guilty to first-degree negligent injuring before Judge Conn Regan in Gretna’s 24th Judicial District Court, according to Trooper Melissa Matey, spokeswoman for the State Police.

The homicide and negligent injuring charges stem from an Aug. 1 wreck on Airline Drive in Metairie that killed Sandra Stevens, 30, of New Orleans, and severely injured Santos Garcia, 28.

Codina pleaded guilty to third-offense DWI as well as careless operation of a motor vehicle in connection with an October 2008 accident on Causeway Boulevard in which he crashed into the back of a vehicle driven by a teenager. She was not injured.

Despite the fact that the August fatal wreck was Codina’s fourth arrested for driving while intoxicated, he was booked only with second-offense DWI for both that crash and the Causeway Boulevard wreck.

That’s because the Jefferson Parish district attorney’s office was erroneously informed that Codina’s first conviction in St. Charles Parish in 2001 was for underage DWI, which can’t be used to enhance penalties for subsequent offenses.

The mistake came to light after a Times-Picayune article in August about Codina’s record. Codina actually pleaded guilty to first-offense DWI in 2001. Prosecutors upgraded the charge in the October 2008 crash to felony third-offense DWI, after learning about his past record.

Regan sentenced Codina on Monday to 30 days in parish prison for the careless operation charge. Neither Codina, nor his attorney, David Motter, could be reached for comment Thursday.

Sentencing for the remaining charges in both the August fatal wreck and the 2008 case is scheduled for April 6.

Michelle Hunter can be reached at mhunter@timespicayune.com or 504.883.7054.

Stop-light cameras cut violations a lot, wrecks a little, new study says

February 5th, 2010 | Posted in Traffic by bloom | No Comments »


By Michelle Hunter, The Times-Picayune
February 05, 2010, 1:00AM

An independent study of Jefferson Parish’s stop-light cameras, which were switched off last week amid disclosures of payments to the contractor’s lobbyist, provides new evidence that they reduce violations and collisions.

red_light_camera_sign.JPGJohn McCusker / The Times-Picayune archiveThe study was conducted by doctors from Tulane and Louisiana State universities’ medical schools and is scheduled for publication in March. It is the only known objective evaluation of the camera program’s effectiveness; Jefferson Parish officials, while touting the cameras and the resulting traffic tickets as a public safety initiative when they launched the program two years ago, never conducted their own study.

The Tulane-LSU team sifted through eight months of data from the intersection of Veterans Memorial Boulevard at Clearview Parkway in Metairie and determined that the cameras reduced the number of stop-light violations by 69 percent. They also found a slight drop in the number of collisions, although that trend is more difficult to track, said Dr. Georgia Wahl, a Tulane surgical resident and lead researcher for the study.

“It’s very hard to say if there’s a cause and effect with decreasing the amount of accidents. Was it by chance? Was it the red light, or people slowing down? We don’t know,” Wahl said. “But it (the traffic camera) does change long-term behavior.”

Traffic cameras started photographing stop-light violators at 11 Jefferson Parish intersections and generating citations in October 2007, after a four-week trial period. They recorded 270,344 violations as of Jan. 27, when the Parish Council suspended the program. Councilman Chris Roberts asked for the vote after discovering that the contractor, Redflex Traffic Systems of Phoeniz, Ariz., intended to direct a cut of its revenue from the ticket fines to lobbyist Bryan Wagner.

By then, the doctors at Tulane and LSU had already penned their report, which is scheduled for publication next month in the Journal of Trauma, Injury, Infection and Critical Care in March, Wahl said.

The team collected statistics on the Veterans-Clearview cameras from the parish government, Redflex and the Sheriff’s Office, including the number of warning letters, citations and collisions between Sept. 23, 2007 and June 30, 2008.

The researchers noticed a huge dip in stop-light running, especially after the four-week warning period during which drivers received a letter but no citation. The cameras averaged 2,428 violations per week during the warning period but only 356 per week in June 2008.
Red-light-camera-study0205.jpg

What most struck researchers was the effect on repeat offenders, Wahl said. Out of the 30,441 drivers who received warning letters or citations, only three ran the Veterans-Clearview signal more than once.

“That was the biggest impact I found,” Wahl said.

The doctors noted 122 wrecks at the intersection in the 10 months before October 2007, falling to 97 in the 10 months after the citations started — not a significant reduction, according to the study.

Wahl said there are several problems with trying evaluate the cameras’ effects on collisions. The Clearview-Veterans intersection already had a high rate of wrecks, and the study didn’t distinguish the type of collisions that occurred, only the total number. Similar studies elsewhere in the United States have found cameras don’t reduce the total number of wrecks but do cut down on right-angle, or “T-bone”, collisions that generally cause more serious injuries.

“All we can scientifically say is there were (fewer) collisions,” Wahl said.

When they launched the camera program, parish officials touted them as a way to improve public safety. Critics said it was just a way for politicians to raise revenue.

Parish officials collected statistics on the citations and wrecks at each of the 11 intersections but never went through with plans to study the numbers. Engineering Director Mark Drewes said officials initially were waiting for a year’s worth of data, but they shelved plans for a study when more than 300 drivers banded together in January 2008 to challenge the constitutionality of the cameras in federal court.

“We were informed by the parish attorney’s office that it’s under litigation,” Drewes said. The department was told to keep collecting the data but “to halt and not to go forward with the study.”

U.S. District Judge Sarah Vance tossed the lawsuit last year, but the plaintiffs refiled it in state court in Gretna. That suit was dismissed in January by Judge Robert Pitre, but the plaintiffs plan to appeal.

In the meantime, violators have paid fines totalling $19.7 million, money to be split among Redflex and local government agencies. All the money is sitting in escrow, pending the end of the litigation.

Wahl said the idea for Tulane and LSU to study the cameras came about when one of her staffers received a citation in the mail.

“That kind of sparked it, to see whether or not it worked or changed behavior. No one from Redflex or Jefferson Parish ever asked us; we approached them,” she said.

The doctors’ study might not have shown a significant dip in wrecks, but Wahl said the cameras have had a positive effect: “We can scientifically say that people change their behavior at these red light intersections.”

New Orleans police officer killed in on-duty wreck recalled as ‘the biggest personality on the force’

January 22nd, 2010 | Posted in Local Issues, NOPD, Traffic by bloom | No Comments »


By Ramon Antonio Vargas, The Times-Picayune
January 22, 2010, 6:13PM
alfred_celestain_funeral_hearse.JPGRusty Costanza/The Times-PicayuneA New Orleans police officer salutes the hearse carrying Alfred Celestain Sr. past the 1st District police station on Friday.

The casket carrying New Orleans police officer Alfred Celestain Sr. emerged from St. Louis Cathedral to bell tolls, blaring bagpipes and the buzz of a snare drum roll.

After pallbearers loaded the casket into a hearse idling in front of Jackson Square, a procession of marching officers, rolling patrol cars and rumbling motorcycles followed the hearse en route to the 8th District police station.

For a moment, just as the procession began, all was somber. But when the moment passed, a brass band-led second-line broke out on the corner of St. Peter and Chartres streets. The dress shoes of men, women and children clicked as they rushed to join in.

* See a gallery of photos from the funeral of Alfred Celestain Jr.

That is how hundreds of cops and civilians on Friday bid farewell to Celestain: the 103rd officer killed in the line of duty in the history of the modern New Orleans Police Department and perhaps “the biggest personality on the force,” in the words of Police Superintendent Warren Riley.

Relatives buried the 59-year-old in Lake Lawn Cemetery. Celestain, who was divorced, is survived by his parents, four siblings, two stepsiblings and three children, ages 32, 24 and 4.

Celestain died Jan. 11, two days after an allegedly drunken driver crashed his pickup truck into a police cruiser Celestain rode in with a rookie officer he was training in the Central Business District. Injuries from the wreck dragged him into a coma, and relatives opted to remove him from a life-support system.

Investigators later booked the driver, 24-year-old Gino Ray, with vehicular homicide.

During Friday’s funeral, Riley enlivened the mood in the cathedral by recounting wild anecdotes about the fallen 20-year veteran.

One happened right after Celestain, working an off-duty security detail at an Algiers bank, foiled a midday robbery in February 2008 by firing several shots at a pair of men who stormed into the lobby with AK-47s.

Celestain put investigators’ and witnesses’ nerves at ease after the incident by recounting the events with swagger, Riley said.

“They tried to come into my bank with these AKs, and they tried to do a ‘Scarface’ on me!” Riley remembered Celestain saying, excitedly. “But I sent them right back where they came from!”

After the funeral, Sgt. Toni Blanco remembered how one of the shots Celestain fired that day grazed a robber’s head. The blood from the gunshot later helped federal authorities convict the suspects. The stocky-framed, mustached Celestain celebrated by getting “Trigger Man” tattooed in cursive letters on the finger he fired the bullet with, said Blanco, who supervised Celestain for several years in the 4th District, which polices Algiers.

celestain-off-duty.jpgEliot Kamenitz / The Times-PicayuneAlfred Celestain Sr. practices for a police fundraising concert in 2004. Celestain died Jan. 11 from injuries he sustained in a traffic accident.

Riley drew more chuckles when he remembered the first time he met Celestain, at a nightclub dance party.

“I didn’t even know he was a police officer,” Riley said, because Celestain moonwalked so wildly that he somehow disrobed to just his undershirt and pants.

“We can only imagine how much you loved him,” Riley told Celestain’s closest family, “because we know how much we did.”

As the procession passed outside the cathedral, Blanco called Celestain a “morale boost” for the districts he worked in. Often, during 4th District roll call, Celestain strolled in wearing a Rastafarian hat with fake dreadlocks or a raccoon hat with a mechanized tail. He cooked food out of French Quarter hotel kitchens for colleagues working through hurricane evacuations. A proud alum of John McDonogh High School’s marching band, Celestain played several musical instruments, including the guitar and trumpet.

Celestain, nicknamed “Shorty Red,” grew close enough to Blanco to take vacations with her to locales as far away as La Ceiba, Honduras. At a restaurant there, he danced suggestively on a pole to coax a laugh from the bemused clientele.

“I never knew an officer like ‘Shorty,’” Blanco said, before politely excusing herself to join the second-line in his name.

Ramon Antonio Vargas can be reached

Local soccer player booked with vehicular homicide in New Orleans police officer’s death

January 22nd, 2010 | Posted in Local Issues, Sports, Traffic by bloom | No Comments »

By Ramon Antonio Vargas, The Times-Picayune
January 21, 2010, 2:01PM
celestain-off-duty.jpgEliot Kamenitz / The Times-PicayuneAlfred Celestain practices for a police officer fund-raising music concert in 2004. Celestain died Jan. 11 from injuries he sustained during an on-duty car accident the morning of Jan. 9.

The local former soccer player accused of driving drunk, crashing into a New Orleans police car and killing a veteran officer early Jan. 9 was jailed Wednesday morning.

Meanwhile, the officer’s family scheduled a private funeral Mass Friday at St. Louis Cathedral.

Gino Ray, 24, was booked with one count of vehicular homicide in the death of 8th District officer Alfred Celestain Sr., 54, according to Criminal District Court records. Investigators waited 11 days to arrest Ray because of a routine, but labor-intensive, fatality probe that required the reconstruction of the accident scene, said officer Janssen Valencia, a New Orleans Police Department spokesman.

A judge on Wednesday afternoon set the 24-year-old’s bond at $15,000. Ray, a project manager for a local roofing company and ex-player for the former New Orleans Shell Shockers, paid it and was released Thursday, jail records show.

Police accuse Ray of speeding past a red light at the corner of St. Charles Avenue and St. Joseph Street in the Central Business District about 4:30 a.m. His 2009 Dodge Ram plowed into the passenger side of a patrol car that rookie NOPD officer Cordae Hankton drove. Celestain, Hankton’s field training officer, sat in the passenger side. The collision left the veteran trapped inside the mangled cruiser, a police report filed in court said.

Emergency responders later extricated Celestain. Paramedics took him and Hankton to LSU Interim Public Hospital for treatment.

Meanwhile, the officer investigating the accident approached Ray, smelled “a strong odor of alcoholic beverage,” and had him moved to the NOPD’s driving-while-intoxicated office. The report said Ray failed a field sobriety test there and registered a .13 blood-alcohol level on a breath test, over Louisiana’s limit of .08.

Ray, of the 1400 block of Constance Street in New Orleans, was originally booked with DWI, driving without a seatbelt, reckless driving and disregarding a red light.

At the hospital, Hankton survived with minor injuries. But Celestain — a father to children ages 32, 24 and 4 — died at 9:15 p.m. Jan. 11. He received treatment for fractured ribs, hip displacement, small facial injuries and a brain injury. He appeared to be fine but slipped into a coma, said Dr. Frank Minyard, the Orleans Parish coroner. Celestain’s relatives opted to remove him from a life-support system doctors put him on when he lost consciousness.

Detectives obtained a vehicular homicide arrest warrant Tuesday. Ray surrendered to deputies at Orleans Parish Prison at 8:30 a.m. the next day, records show.
gino-ray.jpgMichael DeMocker / The Times-PicayuneGino Ray, in black, plays for the New Orleans Shell Shockers in 2007. He was booked Jan. 20 with vehicular homicide in the death of police officer Alfred Celestain.

If Ray is eventually convicted of vehicular homicide, he could spend between five and 30 years in prison. However, Louisiana law would allow him the possibility of parole three years into any imposed sentence because his blood-alcohol content was less than .15

Ray expressed remorse during a telephone interview with The Times-Picayune the day after Celestain died. “I am really sorry for both (of the officers’) families,” he said.

Valencia noted that Ray cooperated fully with the investigation.

Celestain joined the NOPD in 1989. His brave actions during various gunfights won him honorable citations, medals and a reputation as one of the department’s most street-tested veterans. Toward the end of his career, the NOPD’s brass tasked him with teaching rookies how to survive their beats.

A funeral Mass will be said Friday at 10 a.m. at St. Louis Cathedral in the French Quarter. He will be buried at Lake Lawn Park Cemetery, according to his obituary in The Times-Picayune.

TruTouch 2000 promises to detect intoxication with a finger scan

January 20th, 2010 | Posted in Courts, DUI/DWI, National Issues by bloom | No Comments »


By Donald Melanson posted Jan 20th 2010 2:16PM
TruTouch Technologies has been working on various non-invasive means to detect intoxication for quite a while now (like the rather elaborate TruTouch Guardian pictured at right), but it looks like it’s set to simplify things even further with its new TruTouch 2000 device, which has apparently passed though clinical tests with flying colors. Like the Guardian, the TruTouch 2000 uses near infrared light to detect possible intoxication, but it’s apparently able to do that by simply scanning your finger instead of your entire forearm. Quite the leap, to be sure, but TruTouch says that the device is able to ‘produce accurate results in less than 15 seconds,” and that it packs a built-in biometric identification system to ensure the test results are legit. No timeline for an actual deployment of the device just yet, but it looks like TruTouch has its eye on applications far beyond the expected law enforcement uses — including even vehicle safety systems, and “Alcohol Point-Of-Sale Liability Reduction Systems.”
sourceBusiness Wire
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Big News! On September 1, a big change in the Louisiana DWI law went into effect. From the Times-Pic:

September 8th, 2009 | Posted in DUI/DWI, Legislation, Local Issues, Traffic by bloom | No Comments »

House Bill 445 by Rep. Damon Baldone, D-Houma, went into effect at midnight, doubling from six months to a year the length of time drivers can lose their license for refusing a first-time test. Subsequent refusals within five years of the first could mean a two-year suspension, up from the 18 months the old law provided.
This is an important change to the law. If you are pulled over for suspicion of drunk driving, you have the right to refuse a breathalyzer test. To refuse this test is not a crime. However, before this law went into effect, you would only receive a six-month penalty for refusing the test. Now, that penalty goes up to a year. Note that you still have the right to refuse the breathalyzer, and that refusing the test gives you more leverage against prosecutors as you and your attorney negotiate your case. If you take a breathalyzer test when you’re pulled over, prosecutors have that solid piece of evidence to use to convict you of DWI. If they don’t have any results from a breathalyzer test, you have more leverage to negotiate for a lesser charge. But since this new law has gone into effect, the immediate penalties for refusing a breathalyzer test in Louisiana have become more severe. While refusing the test gives you a better chance to avoid that Louisiana felony DWI conviction, it will also mean that you will have to go for a full year without your driver’s license, so you have to weigh the pros and cons of each option. It’s important to note that if you choose to refuse the breathalyzer test, losing your license, you may be able to apply for a “hardship license” that will allow you to drive to certain places, like work or religious services. You will only get the hardship license, however, if you install an ignition interlock device that you have to blow into to confirm that your BAC is 0%. Whether you refused to take the breathalyzer test or agreed to blow, if you have been arrested for DWI in Louisiana it’s crucial that you retain a DWI lawyer as soon as possible. At Bloom Legal, we have one of New Orleans’ top certified DWI lawyers here to help you. As always, if you need a talented, committed DWI Louisiana lawyer, call us today at 504.599.9997.

Deadlines to Filing Your Lawsuit: Absolute Bars to Your Claim

April 2nd, 2008 | Posted in Courts, Local Issues by bloom | No Comments »

louisianastateseal.jpgIn Louisiana, you only get so much time to file your lawsuit.  If you miss this deadline, then it doesn’t matter how valid your claim is – or how horrible the evildoer defendant is, or how serious the injuries are, or even if there’s been a death due to someone’s bad acts:  you won’t have a valid legal case anymore.  You’ll be barred from pursuing your case because you missed the deadline

This means that as callous as it may sound, someone in the family needs to check on the legal issues before it’s too late.  In its own way, it is very compassionate in serious personal injury situations, for example, to investigate the victim’s legal redress – just as it is compassionate to help loved ones facing pain, suffering, and grief over loss in other loving and supportive ways. 

These deadlines can be very short  – check these out, which must all be filed within 1 year:

Wrongful Death
Must be filed within one year from the date of death.

Personal Injury
Must be filed within one year from the date of the injury.

Defective Product/Products Liability
Must be filed within one year after the date of the injury.

Medical Malpractice
Must be filed within one year of the date that the injury is discovered by the victim, OR one year from the date that the act giving rise to the injury occurred, and there’s an absolute bar:  all medical malpractice lawsuits have to be filed within 3 years from the date that the act giving rise to the injury occurred.

It Shouldn’t Cost You Anything to Check It Out

Here at BloomLegal, like many other law firms in the local area, initial consultations are free — so checking out legal rights as soon as possible shouldn’t cost a family member anything, and may well save the family’s claims from being time barred.  �

Available 24/7. Call 1-877-NOLATIX for immediate help.