DWI Information and News Blog

Man in breathalyzer costume arrested for driving while intoxicated

noreply@blogger.com (iLitigate) — Mon, 09 Nov 2009 04:38:00 +0000

Oxford, OH

Man dressed as breathalyzer arrested for drink-driving
By TOM PHILLIPS - Tuesday, November 3, 2009
If you're going to dress up as a breathalyzer for Halloween, you should probably make sure that you don't find yourself on the wrong end of an actual breathalyzer later that night. Advice that Ohio student James Miller utterly failed to heed.

Do not blow there: James Miller, dressed as breathalyzer

Miller was stopped by police on suspicion of drink-driving in the small hours of Sunday morning in Oxford, Ohio, after he was spotted merrily driving the wrong way down a one-way street, while wearing a breathalyzer costume.

Suspicions that he may have been drinking were heightened by the fact that there was an open can of Bud Light by the driver's seat, what was left of a case of the beer (using that term loosely) on the passenger seat, and more in the boot.

Miller's brethalyser costume featured a dial with three levels of drunkenness: Boring, Life of the Party, and Sotally Tober.

When confronted, Miller stuffed chewing gum into his mouth, and insisted he hadn't been drinking.

Unfortunately, for the fake breathalyzer, a real blood alcohol test showed he had a level of .158, almost twice the legal limit. He was also found to have multiple IDs on him.

Miller was charged with underage drinking, driving under the influence of alcohol and a one-way street violation. He was released to his girlfriend - but not before featuring in an attractive breathalyzer-costume mugshot that will surely guarantee him lasting internet fame.

Missouri DWI Lawyer - Criminal Defense Attorney

DWI La-Z-Boy chair sells on eBay for over $10,099.99

noreply@blogger.com (iLitigate) — Fri, 06 Nov 2009 03:23:00 +0000

Duluth, MN

The auction ended at 7:12 p.m. and $10,099.99 emerged as the winning bid for a motorized recliner.

Proctor Police Chief Walter Wobig had no quarrel with the price to be paid for a vehicle his department seized following the drunken driving conviction of its owner and operator, Dennis LeRoy Anderson.

“We’ve had this vehicle in holding since Aug. 31, 2008, and if you would have told me then that it would sell for more than $10,000, I would have said you were nuts,” Wobig said.

Anderson, too, was pleasantly surprised by the response, saying: “I figured it was probably worth two or three grand at most.”

This was the chair’s second appearance on eBay. It was initially listed as a La-Z-Boy. But this false claim was flagged by the staid manufacturer of more pedestrian furniture. When informed of the improper label attached to the item, eBay pulled the chair from auction Monday. At that time, the top bid for the motorized recliner sat at more than $43,000.

“Maybe that’s the power of the La-Z-Boy name,” joked Wobig.

More likely, however: the story of Anderson’s conviction and oddly-directed ingenuity had begun to run the final leg of its course in the international news cycle.

“Never in my wildest dreams, did I think that every branch of media would pick up on this story,” said Wobig. “I’ve received thousands of e-mails on this case and we’ve been contacted by press from Japan, France, Germany and the British Times. This morning, I was on KROQ radio in L.A.”

Missouri DWI Criminal Defense Lawyers

On eBay: DWI La-Z-Boy

noreply@blogger.com (iLitigate) — Mon, 02 Nov 2009 03:52:00 +0000

La-z-boy DWI Chair, Motorized Chair, lazy boy

Vehicle Description

Known as the world famous DWI Motorized La-Z-Boy style Chair, year built unknown. This is a unique vehicle located in Proctor Minnesota. The vehicle has been obtained from a DWI forfeiture and has not been restored. Engine: Briggs and Stratton Model # 19070 Type: 5641 with electric start. Transmission type unknown and is sloppy. The vehicle has front lights, rear tag light, radio, cup holder, rear roll bars and other custom options, missing the seat cushion. Curb weight of vehicle is unknown, length is 52” and width is 45”. This is a great parade vehicle or a terrific business draw. Be the only one in town with a unique vehicle like this. This is not a street legal vehicle.

SHIPPING INFORMATION

This vehicle is local pick-up only. This vehicle can be pick-up at the City of Proctor, Minnesota Police Department by you or a transport company that you arrange Monday Thru Friday 8 a.m. to 4 p.m. We will not ship nor arrange shipping.

The Motorized Chair is the DWI Forfeit Vehicle that has been reported by the news media worldwide and is being sold as- is and ownership will be transferred on a bill of sale.

Motorized La-Z-Boy recliner used in DWI to be sold by police on eBay

noreply@blogger.com (iLitigate) — Thu, 29 Oct 2009 01:58:00 +0000

Minneapolis, MN

Maybe there's someone who collects riding lawnmowers, motorized bar stools and other unlikely DWI vehicles.

If you've ever had the urge to cruise your neighborhood in a self-propelled La-Z-Boy, your opportunity has arrived. Minnesota resident Dennis Anderson (no relation to the Gravedigger monster truck franchise – we think) has forfeited his notorious motorized, and over-the-top modified, recliner chair involved in his DWI incident and crash recently is going on the eBay auction block later this week.

To recap, this masterpiece of motorized furniture isn't your average run-of-the-mill family room napper. This particular innovative and highly customized chair is fitted with a nitrous-boosted lawnmower engine good for a top speed in the neighborhood of 20 mph (it is fitted with a parachute... apparently in case you happen to drive off a cliff). Dual headlights help guide you home from the late nights at the bar, while an integrated stereo sound system will make you everyone's envy at the stop lights (maybe from the curb, as we don't think it is technically street legal).

While Mr. Anderson got off with two years of probation for his antics, his prized possession is sadly being liquidated – sans reserve price – thanks to a Minnesota law allowing police to auction vehicles seized in drunk-driving cases. So, what do you think it will go for?

Driving While Intoxicated Defense Lawyers

U.S Supreme Court DWI anonymous tipster ruling "not a problem" in NM

noreply@blogger.com (iLitigate) — Wed, 28 Oct 2009 05:11:00 +0000

Farmington, NM

Anonymous tipsters: How do you prove the nonexistence of a rat?

The U.S. Supreme Court recently refused to hear a case where a drunken driver's conviction was overturned because the arresting officer pulled the driver over based on an anonymous tip.

It is not likely such a conviction would result in New Mexico, as officers are encouraged to rely on direct observation instead of anonymous tips when making a traffic stop, officials said.

Joseph A. Moses Harris was convicted of drunken driving after police in Richmond, Va., received an anonymous tip that he was driving intoxicated, but the arresting officer did not see Harris break any traffic laws.

"The decision below commands that police officers following a driver reported to be drunk do nothing until they see the driver actually do something unsafe on the road — by which time it may be too late," Chief Justice John Roberts wrote in his dissent.

The decision of the U.S. Supreme Court to refuse to hear the appeal is consistent with New Mexico state law, Chief Public Defender Christian Hatfield said.

"In order to detain a person for investigative purposes, the police have to have reasonable suspicion that a crime is about to or is being committed and that has to be based on articulable facts," Hatfield said. "Just a hunch is not good enough."

A majority of courts have said it doesn't violate the Fourth Amendment protection against unreasonable search and seizure to pull over drunk drivers based on anonymous tips from programs like Drunk Busters,
Advertisement
Roberts said.

But unless a tip is highly credible and specific, officers themselves are required to determine justification for a traffic stop.

"We don't pull people over just because someone reported seeing something that indicated they might

be impaired," San Juan County Undersheriff Mark McCloskey said.

Police locate the vehicle and observe it, looking for a traffic violation or driving maneuver that would indicate impairment, he said.

Indications of impairment that would establish reasonable suspicion are things such as driving too fast or too slow, straddling the shoulder line and weaving.

It's not absolutely necessary for an officer to see a violation, but the credibility of the tipster and the reliability of the information can be called into question, said Assistant District Attorney Chris Moander.

The traffic violation always is good but if other events such as specificity of a person, plate numbers and erratic behavior can be articulated by a tipster, an officer can develop a basis for a stop, Moander said.

A tip from another officer or a person giving detailed information about a possible drunken driver who is swerving and hit a pole would be better than a vague tip about a car that crossed the center line once.

"Generally speaking, if a cop gets a tip, it's a good idea to observe some bad driving as well," Hatfield said.

There are no limits on how long an officer can follow a driver to determine justification for a stop.

Nothing legally prohibits an officer from following a driver as long as they need in order to establish reasonable suspicion to pull the driver over or until the officer is satisfied there are no indications of impairment, McCloskey said.

"It's difficult, if not impossible to get a conviction in New Mexico courts if all you have is a third party report of a drunken driver and the officer hasn't observed that first hand," McCloskey said.

DWI Criminal Defense Attorneys in Missouri

Man pleads guilty to DWI in motorized La-Z-Boy

noreply@blogger.com (iLitigate) — Sat, 24 Oct 2009 00:38:00 +0000

Proctor, MN

I wonder if also was issued a "no seatbelt" ticket as well....

A Minnesota man has pleaded guilty to driving his motorized La-Z-Boy chair while drunk.

A criminal complaint says 62-year-old Dennis LeRoy Anderson told police he left a bar in the northern Minnesota town of Proctor on his chair after drinking eight or nine beers.

Prosecutors say Anderson's blood alcohol content was 0.29, more than three times the legal limit, when he crashed into a parked vehicle in August 2008. He was not seriously injured.

Police said the chair was powered by a converted lawnmower and had a stereo and cup holders.

Sixth Judicial District Judge Heather Sweetland stayed 180 days of jail time Monday and ordered two years of probation for Anderson. His attorney, David Keegan, did not immediately return a call for comment.

DWI Criminal Defense Attornys - St. Louis, MO

Woman convicted of falsifying breathayzer records in Texas, DWI cases thrown out

noreply@blogger.com (iLitigate) — Mon, 12 Oct 2009 00:44:00 +0000

Houston, TX

...more evidence that the dogmatic reliance on the accuracy of breath test machines is woefully over-placed...

Nearly 1,000 DWI convictions in Harris County could be re-tried, all thanks to one person's crime.

A former Department of Public Safety contractor, Deetrice Wallace, was convicted on Friday for faking inspection records of DPS breathalyzers. Wallace was originally contracted to make sure the breath test machines were working properly.

Now, prosecutors say about 1,000 drivers can petition for re-trials without the breath test evidence included.

Missouri DWI Criminal Defense Attorney

In Texas, 1,200 convictions for DWI in Houston to be set aside

noreply@blogger.com (iLitigate) — Sun, 11 Oct 2009 06:53:00 +0000

Houston, TX

It's always bigger in Texas...

More than 1,200 driving while intoxicated convictions in Harris County are invalid after a contractor was convicted of faking inspections of alcohol breath testing devices, prosecutors said.

Deetrice Wallace, a Department of Public Safety contractor, told investigators that she had falsified inspections records for the South Houston and Clute police department intoxilyzers.

Wallace was prosecuted for three counts of tampering with a governmental record and on Friday was sentenced to a year in prison.

Harris County Assistant District Attorney Terese Buess said about 1,000 defendants convicted of DWI can petition for a retrial without evidence submitted by Wallace. Some defendants had more than one case affected.

Buess said Wallace manipulated the machines instead of changing the reference sample every month, and pocketed $146,000.

From 2002 until she was arrested in October 2008, Wallace handled DPS instruments that were used to determine alcohol concentration in DWI cases for at least seven police departments, including League City, Friendswood, Webster, Seabrook, Galveston, Clute and South Houston.

Buess said Wallace signed off on about 4,000 test slips. Of those, some did not result in convictions and others were not in Harris County. Buess did not know how other counties would address the problem. The prosecutor was not optimistic about seeking 1,200 convictions again because the office will not have test results, and other evidence has been destroyed, including videotapes.

DPS officials invalidated all breath tests recorded by intoxilyzers under Wallace's supervision because they could not pinpoint the date when her unethical behavior began.

Once contacted, the attorney of record will contact the defendant and determine if they want to try the case again. If the defendant wants a new trial, the district attorney's office will agree to it.

The case will then start over in the court where the conviction was obtained.

Buess said some defendants who were convicted of two DWIs and a felony DWI may get a clean slate after the dust clears. She said one defendant who will be able to get a new trial was sentenced to 60 years in prison for a felony DWI.

"It's just a massive problem that is not going to go away," Buess said. "It's a huge mess."

Missouri DWI Criminal Defense Attorney

DWI sobreity checkpont in St. Chalres nets 8 arrets

noreply@blogger.com (iLitigate) — Sat, 03 Oct 2009 03:18:00 +0000

St. Charles

A no-refusal, blood-only DWI checkpoint in St. Charles County resulted in eight arrests Saturday, the St. Charles County Sheriff’s Department reported.

Lt. Craig McGuire said officers from the Sheriff’s Department and the St. Peters Police Department stopped 982 vehicles at Highway 94 and Highway D between 4 p.m. and 10 p.m. The results:

* Four arrests for Driving While Intoxicated
* Three driver’s license violations
* One arrest for failure to comply with law enforcement

Three people refused to give blood, McGuire said, so officers obtained warrants to draw blood. Sheriff’s Deputy Travis Jones said officers e-mailed the warrants to a prosecutor. The prosecutor then brought the warrant to a judge who was waiting at the Missouri Highway Patrol Headquarters to sign it.

The Eastern Missouri Police Academy, St. Charles County Department of Corrections, St. Charles County Ambulance District, and the St. Charles County Prosecuting Attorney’s Office also participated.

Jones said traffic was stopped on Highway 94 for the first half of the check point and on both highways during the second half. He said officers chose that intersection because of a number of bad crashes nearby as well as its proximity to the wineries, a couple of bars and fishing spots where people have been known to drink all day.

Jones said the checkpoint cost between $1,000 and $2,000 for overtime pay. The money came from state grants.

St. Charles DWI Criminal Defense Attorney

Refusal to blow - cops arrested for DWI follow an unwritten rule?

noreply@blogger.com (iLitigate) — Wed, 30 Sep 2009 04:50:00 +0000

Staten Island, NY

It is interesting that cops don't follow the written rule: Don't drive drunk.

All too often, cops follow an unwritten rule if they're arrested for driving while drunk -- don't take the blood alcohol test, no way, no how.

As the circumstances surrounding the vehicular manslaughter arrest of NYPD Officer Andrew Kelly starkly illustrated this weekend, police officers often are unwilling to take a Breathalyzer test, or submit to a blood test, after they've been pulled over for drunken driving or gotten into a car crash.

Several law enforcement sources, speaking on condition of anonymity, say they'd never blow into a Breathalyzer -- the risk of producing scientific evidence of inebriation is too great, and a drunken-driving conviction means they'll have to give up their badge.

"If you think you'd going to fail, you don't take the test," said one source.

Kelly, a seven-year veteran of the NYPD assigned to the 68th Precinct, struck and killed Vionique Valnord, the 33-year-old daughter of a Brooklyn pastor, as she crossed the street in the borough's Flatlands neighborhood.

Kelly refused to take a Breathalyzer test, and, the Daily News reported, it took authorities more than seven hours to administer a blood test, which showed no trace of alcohol.

Kelly's four passengers in his SUV left the scene of the crash. One of them, Michael Downs, a fellow police officer living in Eltingville, later turned himself in. Downs hasn't been charged criminally, but he has been suspended, and one police source said it's likely he'll lose his job.

Kelly's decision to refuse a Breathalyzer is hardly unique among police officers. "I would recommend to anybody, don't take the test. It's never going to help you, and it's just going to strengthen the case against you," said one veteran officer. "How do you know you're going to pass? They give false readings. It's not infallible."

Defense lawyer Mario Gallucci, who handles about70 drunken-driving cases a year, concurs.

A refusal means an automatic year-long license revocation, but Gallucci said it leaves a defendant with options.

"If you don't take the test, there's no machine that's going to be able to testify at a trial," he said.

In respect of the revocation, which is a state Department of Motor Vehicles rule, he said, "You're entitled to a hearing, and we win those hearings often."

Still, the decision to refuse a test doesn't always get a police officer out of hot water, as two Staten Island cases show.

In May 2007, Officer Gary Chin slammed his car into a boulder at the end of Hylan Boulevard, severely injuring his female passenger. He refused a blood alcohol test on the scene but ended up with a 90-day jail sentence, five years of probation and a one-year license revocation. He also lost his job as a police officer.

And in September 2007, Officer Richard Reebe crashed into a parked construction vehicle in West Brighton, then left the scene "without identifying himself and without exhibiting his license or insurance information," according to court papers. When his fellow officers caught up with him, he refused a blood alcohol test.

That following January, he pleaded guilty to driving while intoxicated, in exchange for a conditional discharge, a $500 fine and a six-month revocation. He, too, lost his badge.

Seth Katz, a defense lawyer who specialized in motor vehicle and drunken-driving cases, actually advises the opposite of what's considered conventional wisdom by police -- take the test, especially on Staten Island, unless you already have a conviction on your record, or you're in a crash.

The borough's district attorney, Daniel Donovan, takes a hard line against drunken driving, and a refusal typically means prosecutors won't allow a defendant to plead to a lesser charge.

"They don't want to dispose of them as violations," Katz said, adding that prosecutors might be more amenable to a better deal if a defendant doesn't refuse a test.

With police officers, Katz said, the "blue wall" usually works to a cop's advantage in a drunken-driving case. "The ball will be dropped along the line."

Donovan, for his part, sees the Kelly case as clear reason to change the law in New York state to mandate blood tests on the spot at drunken-driving crashes. In a case with an accident or severe injury, authorities can take blood from an unconscious driver, Donovan explained, but if the motorist is conscious and refuses, police need to get a warrant first.

"I think if somebody refuses, we should be able to compel it automatically," Donovan said. "We have to prove that they're above the legal limit at the time of the occurrence."

Driving While Intoxicated Criminal Defense Attorney

DWI arrests for 2 Fort Worth cops in 2 separate incidents result in both being fired

noreply@blogger.com (iLitigate) — Wed, 30 Sep 2009 04:41:00 +0000

Fort Worth TX

The strangest line in the article: Both men had been with the police department since May 2, 2008.

Two Fort Worth police officers were fired today after charges of driving while intoxicated.

Officer E.G. Carr was arrested on Aug. 18 on suspicion of driving while intoxicated in his personal vehicle while off-duty in Keller. A dash cam video of the arrest shows Carr physically resisting while being handcuffed. His criminal case is pending, but Fort Worth police officials said his arrest and actions during the incident were cause for his termination.

"Officer Carr’s actions and behavior is a discredit to all of the hardworking men and women of the Fort Worth Police Department and will not be tolerated," Police Chief Jeff Halstead said in a news release.

Authorities said Officer P. Payton was terminated as a result of his conviction of driving while intoxicated Jan. 25 in North Richland Hills while off-duty. He was found guilty of the class B misdemeanor on Sept. 21.

Both men had been with the police department since May 2, 2008.

DWI laws to become tougher in Wisconsin

noreply@blogger.com (iLitigate) — Thu, 24 Sep 2009 03:18:00 +0000

Superior, WI

A measure that promises to toughen the state's D–U–I penalties has passed the State Assembly.

LeAnn Wallace reports... although these changes are welcomed by many officials... some say they still aren't strong enough.

Wisconsin has a longstanding history of being a beer–friendly state, with the strong clout of the Tavern League.

It's the only state where a first drunk driving arrest only results in a ticket and not a court hearing.

"Minnesota right next door, a first time drunken driving offense is a criminal offense, verses an ordinance violation which is just a monetary penalty," says Captain Matt Markon of the Superior Police Department.

New legislation doesn't change that unless a passenger under the age of 16 is in the vehicle, in which the first offense will now become a misdemeanor.

In an effort to cut down on repeat offenders, the new law would make a fourth D–U–I arrest a felony, instead of the current law which makes the fifth offense a felony.

"There's certainly this challenge of people who perpetually drive drunk, they've been picked up, four five, six, seven times over the limit.... I don't know if any penalty will stop them from driving," says Mayor Dave Ross.

Although Superior Mayor Dave Ross applauds the work of the state, he says there's still a lot of work to be done to keep Wisconsin's roads safe.

"We still need to at least match what other states are doing concerning drunk driving in Wisconsin," says Mayor Ross.

The National Highway Traffic Safety Administration says about 41–percent of the fatal accidents on Wisconsin's roads last year were alcohol related. That number... higher than the national average, of 37–percent.

Mayor Ross knows first hand the pain drunk driving can cause.

"My mother was killed by a drunk driver and it's a tragedy that not only kills somebody but affects the entire family... I had a baby brother and sister at home who never new their mother."

Authorities say although these new laws won't deter everyone from getting behind the wheel after drinking... it is a small step towards addressing the state's historically high rates of drunken driving.

The new legislation would also allow second and third time offenders to reduce their time behind bars by completing drug and alcohol treatment.

New DWI enforcement tool...flashlight cameras

noreply@blogger.com (iLitigate) — Thu, 24 Sep 2009 02:37:00 +0000

Rio Rancho, NM

The humble flashlight is getting a high-tech makeover, getting a built-in camera Rio Rancho police hope helps put away drunken drivers.

So far, two officers are shooting video using the flashlight cameras.

"At this point, anything our eyes can see this camera can see," said John Francis with Rio Rancho police.

Francis said the device would be useful in any traffic stop, but it's especially suited for traffic stops where the officers suspect the driver is drunk.

"Depending on the light, we may be able to see the bloodshot, red, watery eyes," Francis said. "We might be able to see different movements that the driver is making that is not consistent with a driver who is not impaired. You name it."

Francis said the new vantage point could make DWI cases because it will show tell-tale signs of intoxication that a dashboard camera may not be able to pick up.

Other agencies are trying out other technologies. Some officers have been using small cameras in pens to take video while the officer conducts an eye test during a field sobriety test, while other agencies are using a flashlight that can sense whether there is alcohol on a driver's breath and alert the officer with a colored light panel.

DWI Criminal Defense Attorneys

NY man arrested after catapulting Jeep through 2nd floor of house

noreply@blogger.com (iLitigate) — Sun, 06 Sep 2009 05:09:00 +0000

East Moriches, NY

It's a Jeep thing...

Suffolk County police arrested a 20-year old man after he launched his car through the second floor of an East Moriches house early Saturday morning.

Less than a half hour into the holiday weekend, an allegedly intoxicated Adam Clark, of Bay Street, East Moriches, sped up while driving on East Moriches Boulevard, ran a stop sign, then hit a berm, catapulting his 2005 Jeep Cherokee an amazing 65 feet through the air before crashing through the second floor of a Victorian style house.

The homeowner, John Sarli, 58, awoke at approximately 12:25 a.m. from the deafening sound of Clark’s Jeep as it smashed through the foyer and landed on the first floor. Sarli, who was sleeping on a first floor couch at the other end of the house, was unhurt. Clark’s vehicle finally came to rest in a vertical position.

After being treated at Brookhaven Memorial Hospital Medical Center for minor injuries, Seventh Precinct police arrested and charged Clark with driving while intoxicated (DWI), 2nd degree reckless endangerment, and 4th degree criminal mischief. Police say Clark’s breath smelled of alcohol, his eyes were bloodshot, his speech was slurred, and he failed a series of sobriety tests.

Clark’s passenger, Richard Mailand, 20, refused medical treatment. He was not charged.

Sarli said he put his house up for sale on Friday, but now is forced to take it off the market after only one day. “I’m not selling anything anymore,” he laughed

Felony DWI Criminal Defense Lawyers

DWI convictions increase auto insurance rates by up to 38%

noreply@blogger.com (iLitigate) — Sun, 06 Sep 2009 04:55:00 +0000

Cleveland, OH

Drunk-driving offenses can mar a driving record and jack up auto insurance costs by as much as 38%, according to an online insurance agency.

car-crashThe average lowest rate quoted to drivers with a driving while intoxicated violation was $2,148 per year, which is $435 more than a driver with no violations, according to Cleveland-based Insurance. com’s 2009 RateWatch data.

Drivers charged with a DWI who also are responsible for an accident received an average car insurance rate of $2,356, paying $643 more than those without violations, according to the report.

The average quoted rate for drivers whose driving records showed no violations was $1,713. The average quote based on driving record for all drivers was $1,863.

The analysis is based on data collected from the insurance companies through which the agency obtains auto insurance quotes.

DWI Criminal Defense Lawyers

Oregon Supreme Court, Work Comp must pay for gastric bypass surgery

noreply@blogger.com (iLitigate) — Sat, 05 Sep 2009 04:26:00 +0000

Portland, OR

The Oregon Supreme Court has ruled unanimously that a man who was injured on the job can receive workers' compensation for weight-loss surgery.

But attorneys doubt the case will open the door to the state's paying for similar procedures.

Ed Sprague injured his knee in 1976 while working at a bakery in Eugene. Over time, Sprague gained weight and developed arthritis in his injured knee.

Doctors recommended major knee surgery a few years ago – as well as gastric bypass surgery, to relieve strain on the joint.

Sprague’s attorney, Chris Moore, says the Supreme Court ruling clarifies that if a doctor says a secondary procedure is needed, workers' comp pays.

Chris Moore: “In other words, that part of the reason to do the surgery was to actually treat or improve the knee condition all by itself. That it would also benefit his obesity condition was not a reason why we were trying to get the surgery paid for by the workers’ comp system.”

Moore says legislative changes in the 1990s scaled back what workers' comp will pay for. But Moore says some of the changes weren’t clear, and that Thursday's court decision helps clarify things.

Diocese prays for Nun arrested for DWI after crash, was twice the legal limit

noreply@blogger.com (iLitigate) — Sat, 05 Sep 2009 04:17:00 +0000

Wantagh, NY

A Long Island nun who authorities say had twice the legal limit for alcohol has been charged with drunken driving.

Prosecutors and police say a plastic bottle with some liquor was found in the nun's car after she crashed her church-issued vehicle into a tree in Wantagh at around 6:30 p.m. Tuesday.

According to court records, she told authorities she had been drinking at the church since 3 p.m. that day.

Sister Lauren Hanley was charged with driving while intoxicated and aggravated driving while intoxicated. She was released into her own custody and is due back in court Friday.

Hanley, who's 68, works at St. Frances de Chantal Church in Wantagh. She could not be reached for comment. The Rockville Centre Diocese issued a statement saying, "we pray that the Lord gives her strength to endure this difficult time."

DWI Criminal Defense Lawyers

Arizona court rules warrant required for no-consent drunk driving blood draws

noreply@blogger.com (iLitigate) — Wed, 02 Sep 2009 11:09:00 +0000

Tuscon, AZ

Once the cuffs go on and you are under arrest for driving under the influence, by law you have to submit to a blood, breath or urine test. If it's a Pima County Sheriff's deputy, the only choice is blood.

Sergeant Doug Hanna explained, "It's a yes or no answer, either yes you're going to give the blood or no. If you're not, we immediately go to try and obtain a search warrant to get the blood."

At that point, the deputy calls a judge and presents the facts. The judge then decides whether or not to issue a warrant.

"If there's any delay or inkling the person is going to delay or say no, we just play it on the safe side and we go with a warrant," Hanna told KOLD.

On Tuesday, the Arizona Court of Appeals ruled authorities must obtain a search warrant to conduct a blood test of a dui suspect unless the suspect clearly consents to have their blood drawn.

DUI Attorney James Nesci explained, "So if the person who is under arrest doesn't expressly consent, then they must get a warrant. If the person does expressly consent, then they don't need a warrant. It's nice to have a bright line rule."

Nesci has been defending people accused of DUI's for 14 years. He says the bright line rule will make cases clearer in court. "If the person has not expressly consented and they didn't get a warrant for the persons blood, then I know that blood is going to be inadmissible in court."

If you find yourself facing the question of consent from a deputy, Nesci recommends saying yes because it might cost you less.

He told KOLD, "If you take a test and you're under the limit, nothing happens to your license. If you take a test and your over the limit, you lose your license for 90 days. If you refuse to take the test, you lose your license for one year."

DUI Breath Test Refusal Lawyers

New DWI law in Louisiana issues harsher fines, takes effect Tuesday

noreply@blogger.com (iLitigate) — Wed, 02 Sep 2009 03:15:00 +0000

Baton Rouge, LA Drivers who refuse to submit to a Breathalyzer test when they are stopped on suspicion of drunken driving face stiffer penalties for the refusal starting Tuesday. Louisiana lawmakers approved changes to the law earlier this year. Under the new law, a suspect who refuses to take the test loses his driver’s license for one year, up from the previous six month penalty. If a person refuses the test more than

College Student DWI Defense Law Firm

Idaho cop charged with DUI, four couts of leaving the scene of an accident

noreply@blogger.com (iLitigate) — Thu, 20 Aug 2009 03:57:00 +0000

Boise, ID

A shot and a beer, BBQ, some sleeping pills and the Ultimate Fighting Championship...sounds like cop heaven.

An Ada County Sheriff's deputy charged with upholding the law finds himself charged with breaking the law today.

Spencer Powers is accused of causing destruction in a Meridian neighborhood last week.

He has now been charged with driving under the influence and four counts of leaving the scene of an accident.

The city attorney filed the charges today.

And Powers' attorney Joe Filicetti responded.

He says his client, a detention deputy at the Ada County Jail, suffered a form of amnesia from taking the prescription sleeping pill Ambien.

"He had been at a party earlier that night which was a barbecue and watching the UFC fights, he had one beer and one shot over two hours, he took one Ambien originally, ultimately he took more, he doesn't remember doing that," said Filicetti.

What Filicetti says his client does remember is watching a YouTube video and then waking up in an unknown neighborhood five miles from his Meridian home.

Powers is accused of causing damage to two neighborhoods knocking down mailboxes, hitting a tree and a car.

Filicetti says because of the effect from the medicine, he doesn’t' believe the charges fit the crime.

"It is certainly negligence that somehow he gets behind the wheel with medication. As to whether a criminal act, it typically punishes for an intentional act, he doesn't have any memory, he doesn't make any choice, he doesn't do anything that ultimately puts him behind the wheel that he has any memory of," said Filicetti.

Powers has been on administrative leave from his job at the jail since the incident on August 8. He will stay there pending an internal investigation.

Powers will not be booked into the jail. We are told in cases like this where the defendant is not a flight risk. Instead, they are summoned to court.

DWI Criminal Defense Attorneys

Ex-Congressman John Sweeney (R) charged with felony DWI

noreply@blogger.com (iLitigate) — Wed, 19 Aug 2009 03:12:00 +0000

Albany, NY

Conservative Republican John Sweeney is today's winner of our do-what-I-say-not-what-I-do award.

Former Congressman John Sweeney says he is not guilty of driving while intoxicated. He made that plea in Saratoga County court Monday morning.

Sweeney was arrested on the felony charge back in April when, according to the indictment, he was pulled over on Route 9 in Clifton Park, driving 59 miles per hour in a 40 mile an hour zone.

Police say they smelled alcohol on Sweeney's breath, who refused to take a sobriety test.

"A civilized reasonable justice system individualizes cases it doesn't paint with a broad brush and paint everybody equally, because people aren't equal," said Sweeney's attorney E. Stewart Jones, "There are different consequences for different offenses."

Saratoga County District Attorney James Murphey said, "If you're charged with a DWI felony in every single case, regardless of who you are or who you aren't, we bring those cases to the grand jury and we bring those cases to county court."

Sweeney pleaded guilty to a separate misdemeanor DWI charge in 2007.

In this most recent case, Sweeney faces up to four years in prison. He was released without bail, and no trial date has been set.

Missouri DWI Criminal Defense Attorneys

Nebraska woman arrested for DWI twice in one night by same cop, two different cars

noreply@blogger.com (iLitigate) — Wed, 19 Aug 2009 02:57:00 +0000

Lincoln, NE

Think she had a hangover the next morning...?!

Police in Lincoln, Nebraska arrested a woman twice in one night in two different cars for driving drunk, according to the AP.

The woman was pulled over at 1:13 a.m. Wednesday after she allegedly made an illegal turn and was spotted swerving down a south Lincoln street.

The officer who stopped her said her blood-alcohol level was .19. That's more than twice the legal limit.

The woman was cited on suspicion of driving under the influence and negligent driving and taken to a detoxification center.

The same officer stopped the woman again about two hours later. This time she was driving her boyfriend's car. She was arrested for driving under the influence and negligent driving and taken to jail. Her blood-alcohol level then tested at .154.

Former Alexandria police chief pleads guilty to DUI, gets five days jail

noreply@blogger.com (iLitigate) — Sun, 16 Aug 2009 11:04:00 +0000

Alexandria, VA

hyp·o·crite [hip-uh-krit]

–noun

1. a person who pretends to have virtues, moral or religious beliefs, principles, etc., that he or she does not actually possess, esp. a person whose actions belie stated beliefs.

2. a person who feigns some desirable or publicly approved attitude, esp. one whose private life, opinions, or statements belie his or her public statements.

[Origin: 1175–1225; ME ipocrite < OF < LL hypocrita < Gk hypokrits a stage actor, hence one who pretends to be what he is not, equiv. to hypokr(nesthai) (see hypocrisy) + -tés agent suffix]

Former Alexandria police Chief David Baker pleaded guilty to drunken driving charges and was sentenced to five days in jail.
Baker was arrested last month after he crashed into another car in Arlington while driving a city-owned vehicle. Three days later, he announced his retirement under mounting pressure.
Charging documents said Baker had a 0.19 -- more than twice the legal limit -- two hours after he was taken into custody. On Friday, Baker admitted to having a blood-alcohol level between 0.15 and 0.20.
In a statement filed in court, Baker apologized for letting down that police department that he served for 19 years, adding "I offer no excuses for my bad decisions and behavior because there are none. And I am, and will be, forever haunted by the personal embarrassment."

St. Louis DWI Lawyers

Trial of lawyer accused of fatal DWI continues in Santa Fe

noreply@blogger.com (iLitigate) — Fri, 14 Aug 2009 03:31:00 +0000

Santa Fe, NM

It is a shame in this country that only those defendants who have the means to retain the legal services of a team of top criminal defense lawyers have a real chance at a fair trial and obtaining justice.

The defense team representing a high-powered attorney accused in a deadly DWI hit-and-run was in a Santa Fe courtroom Thursday asking that some evidence in the case be thrown out.

In the end, most of the motions were dismissed, and prosecutors say they intend to use every shred of that evidence against Carlos Fierro during trial.

The judge will allow statements that Fierro made at the traffic stop and on the way to the hospital to be used at the trial.

Fierro is accused of driving drunk last November, hitting and killing 46-year-old William Tenorio near the Santa Fe Railyard.

Fierro's attorneys are trying to get the blood draw taken from Fierro thrown out, saying the nurse admitted she may have used a different needle than the one that came with the test kit.

They also cross-examined police about when Fierro was actually placed under arrest and whether he was ever read his rights.

The defense says an officer didn't read Fierro his rights until after a written statement was taken from him.

Prosecutors say that's because this started out as a DWI case, and Fierro wasn't charged with the hit-and-run that killed Tenorio until a little later.

They also say that as an attorney, Fierro should've known his right to call a lawyer.

The defense wanted to get an extra three months to build its case, but the judge will only push the trial back a week.

The trial is set to begin the end of September.

Top DWI Criminal Defense Attorneys

Bad cop on paid work comp medical leave pleads guilty to 147mph speeding ticket

noreply@blogger.com (iLitigate) — Fri, 07 Aug 2009 22:44:00 +0000

Gahanna, OH

It's not a DWI story, but it illustrates all too well the do what I say, not what I do mentality of of many of those behind the badge.

A Gahanna police officer pleaded guilty this morning to speeding charges after he was ticketed last month for traveling almost 150 miles per hour on a motorcycle.

Gahanna Officer Christopher Thomas, 33, received a speeding ticket eight days after he was caught going 149 mph on I-70 near Buckeye Lake, and then only after the Ohio Highway Patrol made a courtesy call to his department. Trooper Jason E. Highsmith, 35, who was riding his motorcycle near Thomas, received a ticket for going 147 mph four days later.

Licking County Municipal Judge W. David Branstool fined Thomas the maximum $150 and suspended Thomas' driver's license for six months, citing the reckless nature of the crime. Thomas had faced a maximum suspension of three years.

Branstool said he was sure Thomas had seen the consequences of excessive speed first hand in his nine years as a police officer.

"Those experiences are more sobering than anything I can tell you here today," he said.

Before receiving his sentence, Thomas apologized to his family, saying his actions displayed a bad lapse in judgment.

"I know it was an extremely wrong thing to do," he said.

The Ohio Department of Public Safety has requested an investigation into the actions of all three men involved in the June stop, including Trooper Bryan D. Lee, 25, of the Granville post, who wrote the tickets. Footage from Lee's cruiser shows him recognizing Highsmith and turning off the sound halfway through the official recording.

Highsmith pleaded not guilty last month. He has a trial pending.

Brian Hoyt, Gahanna spokesman, said the guilty plea does not automatically trigger any action from the city, but will be factored into an ongoing internal investigation into possible disciplinary proceedings. He said he was unsure what the driving suspension would mean to the officer's work duties, adding that Thomas is still on injury leave.

Thomas has been on paid leave since a December on-the-job accident.

The Ohio Bureau of Workers Compensations is investigating whether Thomas' injuries were bad enough to justify a half-year of medical benefits. Spokeswoman Michelle Gatchel said today that she could not comment on the status of the investigation.

Missouri DWI Criminal Defense Lawyers