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Illinois woman charged with two OWIs in three hours in Iowa City

cigaretteman

HR King
May 29, 2001
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An Illinois woman last weekend was arrested twice within three hours on misdemeanor charges of driving the same car while under the influence in Iowa City.



An Iowa City police officer pulled over Daijana Rush, 19, of Milan, Ill., just after midnight Sunday because she failed to dim her high-beam headlights and she had a broken brake light, according to a criminal complaint.


Rush smelled like alcohol and had slurred speech and bloodshot eyes, and she admitted to the officer she had been drinking, the complaint said. A preliminary breath test showed her blood alcohol content at 0.113 percent, above the legal driving limit of .08 percent, according to the complaint. She was taken to the Johnson County Jail where she waived her right to an initial appearance and was released on her own recognizance.



According to the Johnson County Sheriff’s Office, the jail won’t release someone who is charged with a drug- or alcohol-related offense unless they are released to a sober party. The sober person must provide a breath sample that registers at zero in order to take responsibility for the arrested person. Rush was released to a sober individual at 1:58 a.m. Sunday, according to Sheriff’s Office.


Less than an hour later, at 2:42 a.m., Rush was spotted by another Iowa City officer driving the same car. The officer pulled over Rush and gave her another breath test, which came back at .075 percent blood alcohol content. However, a screening showed she had THC in her system, a criminal complaint said.


“Defendant had bloodshot, watery eyes, impaired speech, impaired balance, and smelled of ingested alcohol. Defendant had a problem controlling her emotions and exhibited horrendous judgment,” the complaint states.


According to the Iowa City Police Department, Rush’s car was not impounded after her first arrest. Sometimes after an OWI arrest, officers will leave the car in a safe space where it can be picked up later so the officer can get back in the field rather than wait for a tow truck to arrive, according to the department. An arrested driver also can give permission for a sober driver to pick up the car before it is towed.


Rush was taken back to the Johnson County Jail and stayed until she was able to have a first appearance in front of a judge. She was then released again on her own recognizance.

 
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Less than an hour later, at 2:42 a.m., Rush was spotted by another Iowa City officer driving the same car. The officer pulled over Rush and gave her another breath test, which came back at .075 percent blood alcohol content. However, a screening showed she had THC in her system, a criminal complaint said.

Sobered up and had to run out for more booze, yo....
 
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This is why law enforcement should never release a person arrested for OWI to a third party. Let them sober up in jail and see a judge.

Unacceptable protocol contributed to the second event. If a loved one died as a result of an accident following the first release, I'd hope the family would file a suit.
 
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