Why a Modesto DUI arrest raised CHP officers’ eyebrows
In what a CHP Modesto office spokesman calls an “extremely rare” arrest, an officer on Friday night pulled over and arrested a man found to have nine prior DUI convictions.
The California Highway Patrol officer saw Brandon Lee Howey, 40, of Modesto speeding east on Kiernan Avenue east of Tully Road about 11 p.m. Friday. After the driver turned north on McHenry Avenue, a traffic stop was made, according to a news release, and he showed signs of being intoxicated.
A series of field sobriety tests was used to determine that Howey, alone in his 2003 Ford SUV, was driving under the influence of alcohol. He was booked into the public safety center and faces felony charges of DUI, as well as misdemeanor charges of driving on a license suspended for DUI, having an open container of alcohol in a vehicle, and willful disobedience of a court order.
DUI gets a felony enhancement when a driver has four convictions within a 10-year-period, which Howey does, CHP Officer Thomas Olsen told The Bee. The driver’s nine convictions date back to 2005.
Friday’s arrest is a testament to the effectiveness of DUI enforcement funded by grants, Olsen said. The officer who made the arrest was working as part of the Stanislaus County Regional Campaign Against Impaired Drivers, he said, and Modesto is one of only two CHP offices statewide to receive the federal grant supporting it. The campaign began Oct. 1 and is funded through Sept. 30.
“The grant has allowed the Modesto office to deploy additional officers in Stanislaus County to combat DUI violations,” Olsen said. “It is quite likely Mr. Howey would have eluded capture if not for the grant.”
‘We will see four or five priors — nowhere near nine’
Through the regional campaign, the local CHP office is deploying officers on enhanced enforcement patrols particularly on Interstate 5 and state Highways 99, 4, 33, 108, 132, 165 and 219. They also will patrol Stanislaus County roads within the Modesto CHP’s jurisdiction.
Olsen said he knows of no CHP database that tracks DUI arrests, but “I can tell you nine convictions is extremely rare. I have asked several officers if they have ever had anyone with that number, and none have. Although still uncommon, we will see four or five priors — nowhere near nine.“
Stanislaus County District Attorney’s Office spokesman John Goold didn’t have any data immediately at hand but agreed with Olsen that “it certainly is unusual.” He added that Howey “would have received a longer sentence with the more serious punishment available years ago before the Legislature reduced the penalties for just about everything.”
Stanislaus County Superior Court archives show that his most recent DUI sentencing, in January 2018, was for a term of 16 months. But with credit for time served, it says his actual time behind bars was 173 days.
“It is troubling to think how many times Mr. Howey may have driven impaired in our community and was not apprehended,” Olsen said.
Super enforcement for big-game weekend
Law enforcement agencies often use grant funding for DUI/driver’s license checkpoints and so-called saturation patrols in areas known to have DUI problems.
With the Super Bowl being played Sunday, the Turlock Police Department announced Wednesday that it will have additional officers on patrol over the weekend to look for drivers suspected of being under the influence of alcohol and/or drugs. They’ll be funded by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. The Modesto Police Department said it, too, will have extra staffing.
“If you are watching the game at home and plan to have a drink or two, stay at home,” Turlock police Lt. James Silveira said in a news release. “Have a family member who hasn’t been drinking go out on your behalf, or have your food delivered.”
Both the TPD and CHP also issued a reminder that prescription drugs, over-the-counter medications and marijuana may contribute to an inability to drive safely. “Do your research,” the Turlock release says, “and understand how a drug affects you before deciding whether or not you are okay to drive.”
