February 2013 | MY OVI - Get legal help now!

February 12, 2013

Hatboro man sentenced for DUI and hit-and-run

A Hatboro man this week received a 72-hour to six-month jail sentence for a hit-and-run accident involving a pedestrian.

Brian S. Refsnider, 55, of the first block of Barbara Road, pleaded guilty to charges of driving under the influence of alcohol and failing to stop at an accident scene after striking a pedestrian.

Refsnider, whose license will be suspended for a year, will also have to serve a three-year probation sentence after he completes his parole, pay a $1,000 fine, perform 36 hours of community service and undergo a substance-abuse evaluation and comply with any recommended treatment.

Hatboro police received a call about a reckless driver from a caller who reported that a man driving a black pickup truck that was traveling “all over the roadway” while traveling north on York Road on Feb. 28, 2012, shortly after 3 p.m., according to the complaint.

When police arrived in the area, they learned that the truck had struck a pedestrian in the first block of York Road and continued north without stopping, the complaint said. The pedestrian suffered unspecified minor injuries, according to the police report.

One of the witnesses provided police with the truck’s license plate number that authorities traced to Refsnider.

Arriving at Refsnider’s home, police found Refsnider either asleep or passed out in the driver’s seat of the truck that was parked in the driveway, the complaint said. An open bottle of vodka was found in his pocket, according to the complaint.

Refsnider said he was not aware that his truck had struck a pedestrian.
A test indicated that Refsnider had a blood alcohol concentration of 0.430, according to court documents. This is more than five times the legal limit of 0.08 percent.

Hatboro man sentenced for DUI, hit-and-run

A Hatboro man this week received a 72-hour to six-month jail sentence for a hit-and-run accident involving a pedestrian.
Brian S. Refsnider, 55, of the first block of Barbara Road, pleaded guilty to charges of driving under the influence of alcohol and failing to stop at an accident scene after striking a pedestrian.

English football star Gascoigne enters treatment while Grace begins DUI sentence

Retired Arizona Diamondbacks star Mark Grace entered the Lower Buckeye Jail yesterday to begin a four-month sentence for DUI following his second arrest last August.
And Saturday night, retired English football (soccer to us Yanks) star Paul Gascoigne continued his lifelong struggle with mental illness and alcoholism in Tucson's Cottonwood treatment center.
Grace's August arrest was not only for extreme DUI but also for failing to use the interlock device put in place after his first DUI arrest in May 2011. He also lost his license for the stipulated 90 days. The Diamondbacks fired him from his broadcaster job, but recently hired him to coach the team's minor leaguers. Under his plea bargain, he will be allowed to participate in work-release, but will return to jail each night.

After the four months, Grace will be on probation for two years during which time he will no doubt be compelled to continue alcohol treatment.

According to his website, Grace has "embraced" sobriety. In a video on the site, he puts the blame for his situation squarely on himself--("I got nobody to blame but myself")--and repeatedly thanks the Diamondbacks for their "class" in inviting him back as a coach. He says he's getting lots of support from former campers who have attended his baseball camps, former teammates, the Diamondbacks themselves, and fans. "It's been awesome," Grace says over and over.
Gascoigne is a beloved name among fans of European football. His career sets him as one of England's best footballers, having won the FA (Football Association) Cup with the Tottenham Hotspurs (link provided to prove I'm not making up this name), and has played on England's national team as well. You can compare him to, say, (swallow) Tom Brady or Mark Warner. Or heck, two-time Super Bowl champ Eli Manning.

Gascoigne has struggled with mental health issues all his life, and with alcoholism at least since the beginning of his career. He has been hospitalized countless times for alcohol and mental health treatment as well as physical ailments including pneumonia and a perforated stomach ulcer. At least one mental health hospitalization was compelled by England's Mental Health Act after an incident in which police judged he was a danger to himself and others. (The Arizona Legislature is now considering a similar bill.) He admitted to domestic violence in two autobiographies.
This weekend, Gascoigne's friends in England--a few former teammates and entertainers including Piers Morgan--pooled their money to send him to Cottonwood for more specialized treatment. Cottonwood treats alcoholism along with co-morbid, or commonly seen, disorders that Gascoigne is said to have, including bipolar disorder, bulimia, and gambling. Detox so far has been so tough that Gascoigne entered in intensive care upon arrival; he is now said to be out of danger.
Judging by comments I've read in some English newspapers, the British public is fairly sympathetic to "Gazza's" troubles and include interesting debates about whether treatment can work.
Not so the comments I'm reading on Phoenix news sites. I hope fans will show some restraint toward Grace, if not shout out some encouragement, during the upcoming spring training games.
Good luck, mates.

How long can you get for a Felony DUI?

Sarah asked me a question about DUI: How long can you get for a Felony DUI?

More precisely:

"My friend was arrested for a first offense DUI and there was property damage involved. He has no license and he also resisted arrest. My question is, how much time will he get? This is in the state of California."

The answer should be following:

It depends if it is your first DUI. If it's a felony and not your first DUI, then you can get up to 60 days in jail. My second DUI was a felony and I got 35 days in jail.

Best regards,

Peter Drill

Belgrade woman accused of DUI, storing marijuana and child's pocket

A Belgrade woman is accused of driving while under the influence of alcohol with her 3-year-old daughter in the vehicle and storing marijuana in the girl's pocket.

Ami Stanley, 31, was sitting in a Montana Highway Patrol car, along with her daughter, after her vehicle crashed with a semi truck near mile 309 on Interstate 90 on Saturday night.

MHP Trooper Michael Walrath says in court papers that he returned to his vehicle, where the Stanley and her daughter were waiting, when he smelled alcohol coming from Stanley. After speaking with witnesses, he returned to the patrol car and again smelled alcohol. Stanley reportedly denied drinking alcohol when questioned by the trooper, and she was taken to the Belgrade Police Department to be investigated for driving under the influence of alcohol.

When they arrived at the Belgrade Police Department, Stanley was taken into a DUI processing room, while her daughter waited with an officer. While Stanley was in the room with the trooper, the officer, who had been waiting with her daughter, entered the room and handed the trooper a small plastic container containing what appeared to be marijuana, court papers state. The officer said the girl gave it to him and said it belonged to her mother. "She keeps it in my pocket all the time so she won't lose it," the girl told police, according to court papers.

Stanley is charged with DUI, criminal possession of dangerous drugs and endangering the welfare of a child. She appeared in Gallatin County Justice Court this morning and pleaded not guilty. She was released on her own recognizance.

Booming stereo leads to DUI charges in Berwyn

BERWYN – Loud music coming from a vehicle resulted in a driving under the influence of alcohol charge in Berwyn at 1:24 a.m. Feb. 4, according to police reports.

Police responding to a report of loud music found David L. Pachuca, 29, of 6530 W. Sinclair Ave., Berwyn, sitting in his car in front of the home with the stereo at high volume, police said.
A can of beer allegedly was seen in the console of the car as well as several empty beer cans on the floor. Pachuca allegedly was slurring his speech and appeared intoxicated, according to police reports.

He also was charged with illegal operation of a sound amplification system, driving without insurance and having open alcohol in a vehicle, police said.

Husband and wife arrested for DUI following hit-and-run accident

A husband and wife were jailed Sunday on charges of drunken driving after leaving the scene of an accident.

Kimberly Jo Kershaw, 33, appeared Monday in Scotts Bluff County Court; however, her husband, Jeremiah Kershaw, 35, appeared to have bonded out of jail. Kimberly Kershaw has been charged with driving under the influence with a blood-alcohol content over .15, second offense, and leaving the scene of an accident.

Jeremiah Kershaw, who has not been formally charged, had been arrested on charges of driving under the influence, third offense; refusal to submit to chemical tests and refusal to submit to a preliminary breath test; possession of an open container and seat belt violation.
According to court documents in both cases, the Nebraska State Patrol and Scotts Bluff County Sheriff’s Office were called to a hit and run accident on county road 15 at about 10 p.m. Sunday. A responding trooper found that a driver had struck a fence post and left the scene of the accident. A Nebraska state Patrol trooper stopped a Chevy vehicle in the area of the accident with a broken headlight and damage to its grill.
Kimberly Kershaw admitted she had been driving the vehicle, but that she had switched places with Jeremiah Kershaw. Jeremiah Kershaw left the scene of the accident and had been driving at the time that the trooper pulled the vehicle over.
The trooper found an open beer can in a cup holder of the vehicle. Both Kimberly Kershaw and Jeremiah Kershaw were arrested and jailed at the Scotts Bluff County Detention Center. Jeremiah Kershaw posted bond on Monday and did not appear in court.