Showing posts with label Accused. Show all posts
Showing posts with label Accused. Show all posts

April 11, 2015

Man accused of repeatedly crashing into tractor-trailer

New Jersey State Police report that a 31-year-old Sussex County man driving a pickup truck repeatedly ran into a tractor-trailer truck on March 4. The incident occurred on Route 287 around 2:15 p.m.

There were no reported injuries following the accident. Troopers said the pickup truck driver appeared to be under the influence, though they did not indicate what these signs of impairment were.

When troopers searched the man's pickup truck, they allegedly found prescription pills as well as a straw that contained what they believed be drug residue. It was not known if the pills had been legitimately prescribed to the man. Authorities took the pickup truck driver into custody and charged him with possession of drug paraphernalia and DWI.

Although more people may be accused of driving under the influence of alcohol, some are accused of driving under the influence of drugs. Even individuals who drive under the influence of legitimate prescription drugs could face drunk driving charges, particularly if they know that the pills could affect their operation of vehicles.

Defendants of DWI could fight the charges by demonstrating that they did not know that the medications could cause such a reaction or that the medications were not responsible for their behavior. Sometimes, individuals appear drunk or otherwise impaired because they are sleep-deprived or have a health condition that affects their behavior. Someone accused of DWI might request a lawyer to help them gather evidence and represent them in court.

Source: NJ.com, "Truck driver charged with DWI, drug paraphernalia after Route 287 crash into tractor-trailer," Justin Zaremba, March 5, 2015

Tags: Drunk Driving Charges

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January 3, 2015

The Year in Review: Significant Court Decisions for South Carolina Drivers Accused of DUI/Drunk Driving

As we move into 2014, I have taken the opportunity to briefly summarize some of the more critical DUI/drunk driving court opinions from 2013 that will affect South Carolina drivers accused or charged with DUI/drunk driving.

US Supreme Court

Missouri v. McNeely 133 S. Ct. 832 (2013):

FACTS:

The defendant declined a breath test; and afterwards, he was arrested for DUI and forced to provide a blood sample. The arresting officer never attempted to obtain a search warrant prior to the blood test.

ISSUE:

Does the lone factor that a suspect’s blood alcohol level is dissipating justify a warrantless blood draw in DUI/drunk driving cases?

HOLDING:

No. In DUI cases, the natural dissipation of alcohol in a suspect’s blood stream does not constitute an “exigent circumstance” in every case sufficient to justify conducting a blood test without first obtaining a search warrant.

South Carolina Supreme Court

State v. Hercheck 743 SE 2d 798, 403 SC 597 (2013)

State v. Elwell 743 SE 2d 802, 403 SC 606 (2013) (these two cases were consolidated for the purposes of oral argument from the South Carolina Court of Appeals):

FACTS:

Both defendants verbally refused to offer a breath sample prior to the expiration of the twenty (20) minute observation period which is required in South Carolina prior to providing a breath sample. In both cases, the police officers terminated or ended the statutorily required videotaping of the defendant concurrent with their refusal to take the test, and prior to the expiration of the twenty (20) minute observation period.

ISSUE:

Does South Carolina Code Section 56-5-2953 require law enforcement officers to videotape a twenty (20) minute pre-test waiting period when the arrestee refuses to take the breath test?

HOLDING:

No. South Carolina Code Section 56-5-2953 does not require a law enforcement officer to videotape the entire twenty (20) minute pre-test waiting period once the arrestee refuses a breath test. A valid legal construction of the statutory subsection at issue is that only when the waiting period is required can the videotape recording also be required; and if no test is administered, then the twenty (20) minute waiting period is unnecessary and there does not have to be a videotape recording provided.

South Carolina Court of Appeals

Chisolm v. SCDMV 741 SE 2d 42, 402 SC 593 (2013):

FACTS:

The defendant was offered a breath test and actually blew into the DataMaster machine for approximately one minute and fifty-three seconds. The arresting officer testified that the machine was emitting a “steady tone” (meaning air was going into the breath testing instrument); however, the officer also testified that the instrument would ” just not read it”. Because the machine would not read the sample, the arresting officer considered it to be a “refusal” by the defendant to take the breath test and initiated a six month administrative suspension of her license.

ISSUE:

Does a “legal refusal” only take place when the defendant actually refuses the conscious act of blowing into the breath machine?

HOLDING:

Yes. South Carolina, a “legal refusal” only takes place when the test subject actually refuses the conscious act of blowing into the instrument.

City of Greer v. Humble 742 SE 2d 15, 402 SC 609  (2013):

FACTS:

The arresting officer did not have a video recording of the defendant pursuant to the requirements of SC Code Section 56-5-2953. The officer submitted a form affidavit certifying that the video recording equipment in his car at the time of the arrest was “inoperable and stating that reasonable efforts had been made to maintain the equipment in an operable condition.”

ISSUE:

Did the Circuit Court err in reversing the municipal court’s dismissal of Humble’s DUI charge because the affidavit required by South Carolina Code Section 56-5-2953(b) was deficient on its face?

HOLDING:

Yes, the Circuit Court erred in overturning the original dismissal of the DUI charge. The applicable statute now requires an officer to state which reasonable efforts had been made to maintain the video recording equipment in an operable condition. The affidavit Officer Williams provided to the municipal court did not state which reasonable efforts were made to maintain the video recording equipment in an operable condition; thus, the City of Greer failed to comply with the plain statutory requirements of Section 56-5-2953. A supplemental affidavit was never filed and the oral testimony presented at trial to supplement the affidavit was insufficient to meet the affidavit requirements of the statute.

State v. Henkel Appellate Case No.: 2011-184986, No. 5159, filed: July 10, 2013:

FACTS:

The driver of a vehicle involved in a one car wreck was subsequently apprehended near the scene. The arresting officer found the defendant being examined by EMS in an ambulance. The officer then read the defendant his Miranda rights and performed a field test inside the ambulance. The defendant later failed the “ABC’s” field test. Once inside the patrol car, the officer turned the dashboard video camera toward the defendant and again read him his Miranda rights.

ISSUE:

Did the trial court correctly find that the video tapes offered into evidence complied with South Carolina Code Section 56-5-2953?

HOLDING:

No. Accordingly, the trial court’s decision was reversed and the defendant’s conviction for DUI was vacated. SC Code Section 56-5-2953(A) requires that the videotaping at the incident site “include the person being advised of his Miranda rights before any field sobriety tests are administered” if the tests are administered. Because the videotape did not include Sgt. Hiott giving the defendant Henkel his Miranda warnings, it did not conform to the provisions of SC Code Section 56-5-2953. Accordingly, the trial court was required to dismiss the charge, and it erred by not doing so.

South Carolina DUI Attorney Steve Sumner primarily handles misdemeanor and felony DUI/drunk driving defense. Steve is a South Carolina Super Lawyer® in the field of DUI defense. He is a member of the National Trial Lawyers: Top 100 Trial Lawyers™. He is a member the National College for DUI Defense, holds an AV-preeminent rating from Martindale-Hubbell® and a “Superb” ranking with Avvo. He is a frequent lecturer and author on topics related to the defense of DUI charges. He represents clients in Greenville, Spartanburg and Anderson counties, South Carolina.

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December 14, 2014

New Jersey man accused of DWI after police chase

Police in New Jersey accused a man of driving while drunk, leading officers on a chase and several moving violations on Nov. 3. Officers in Garwood took the Roselle man into custody on charges of DWI, eluding an officer and other offenses.

A sergeant from the Garwood Police Department said that he saw a grey Nissan traveling on North Avenue attempt to turn onto Center Street. The driver of that car reportedly entered the northbound lanes traveling south and then re-entered North Avenue at a high rate of speed. The officer attempted to stop the driver after witnessing the car swerving, but the driver allegedly failed to comply.

The Nissan stopped in the 200 block of Second Avenue. Officers removed and handcuffed the four occupants from the vehicle. The car's three passengers were released after police concluded that the presumed driver, the Roselle man, was intoxicated.

Police took the accused driver into custody and booked him at Garwood Police headquarters. Officers released him after he posted bond, which had been set at $25,000.

Field sobriety tests are often admitted into evidence in court to substantiate DWI charges. However, these tests are often unreliable, and officers may read certain symptoms as confirmation of intoxication when they could be the result anxiety or certain medical conditions such as speech problems or mobility issues like poor balance.

People accused of DWI, particularly when it is added to another charge, may expect long sentences in jail, high fines and other penalties. DWI defense attorneys may move to dismiss evidence such as unreliable field sobriety tests, which may result in prosecutors agreeing to lesser charges.

Source: NJ.com, "Roselle man charged with DWI by Garwood Police following chase", Barbara Rybolt, November 14, 2014

Tags: DWI charges, fines, penalties

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December 1, 2014

La Quinta man accused of DUI after hitting pedestrian

A La Quinta man was arrested on suspicion of driving under the influence after police say he hit a pedestrian when trying to park his car in a parking lot in Indian Wells Saturday night.
The pedestrian wasn’t injured, but was taken to a local hospital as a precaution, Indian Wells police Sgt. Andy Martinez said.
The incident happened at 6:55 p.m. in a shopping center in the 74900 block of Highway 111 where police arrested driver Ramon Cordova, 26, on suspicion of driving under the influence of alcohol and a suspended license.
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February 1, 2011

Brookline High School Students Are Accused Of Threatening To Commit Mass Murder-Attorney Sam’s Take

While Massachusetts schools have been struggling with ways in which to comply with the over-arching and extremely broad anti-bullying law, a couple of students at Brookline High School have apparently been doing their own planning. According to officials, that planning would include a mass homicide.

The students allegedly posted on Facebook plans to meet after school and commit the deed according to the prosecution. They indicated online that they could use gallons of gasoline and use thousands of syringes full of bear tranquilizers. When one of the lads suggested shooting some guns at proposed victims, the other genius responded that he was “way ahead of you,’’.

Brookline police searched the homes of both students and seized their computers, but have not found any weapons, according to police..

The pair were arrested on Wednesday after one of their fathers became aware of the cyber-conversation and, apparently, felt that it would be better that his son end up in trouble…than dead or culpable for mass murder.

In court, one of the defense attorneys argued that the comments were only a joke.

The two students have each pleaded not guilty to charges of threatening to commit a crime and conspiracy to commit a crime. Brookline District Court Judge Patricia Curtin had a funny retort to the show of “humor”.

She ordered each of them held on $10,000 bail, barred them from using any computers, and told them to stay away from all Brookline schools.

From The Trenches:

As an experienced Boston – based criminal defense attorney for many years, I have watched as the tolerance for such “jokes” has fallen from slim to none.

These are the days after Columbine. Since then, school shootings have seemed to be an epidemic. Just a few weeks ago, a school board in Florida were threatened by a gunman (caught on video, no less) until he started shooting and then dying himself.

As I have stated in the past, I feel our reaction to recent stories of bullying is unwise. The reaction to things like potential threats to commit mass murder is taken seriously and it should be. Deadly seriously.

Too many kids have ended up dead when we didn’t.

There may be some legal hurdles for the “threats count” that the prosecution to climb. Normally, such cases involve threats made by one person to another against that other. However, the conspiracy count could stick.

“But, Sam, what about the First Amendment right to free speech?”

While I think we have eroded that particular right greatly, I would say it would not apply. You never could yell “Fire!” in a crowded room. It is very arguable that planning mass murder for all to see is comparable.

I have handled a number of these types of cases and can tell you that even suspected more veiled threats passed back and forth between friends which are more clearly a “joke” are prosecuted today.

The problem is that many of us do not understand how times have changed in this regard. That makes it difficult to warn our kids who may not be thinking in these terms. Kids have imagination and are just learning how to use it. They do not understand the legal implications and they cannot learn about it if the adults do not tell them.

Folks, I think we have some learning to do out there.

In the meantime, if you or your child are already caught in the sites of the criminal justice system, you should engage the services of a defense attorney who is experienced in this area immediately. It could mean the difference between losing custody of your child, having that child receive a juvenile or criminal record that will haunt him for years…or even more tragic results.

If you would like to discuss such a matter with me, please feel free to call me to arrange a free initial consultation at 617-492-3000.

In the meantime, have a great, safe and law-abiding weekend!

To view the original story in which parts of this blog were based, please go to : http://mobile.boston.com/art/30/news/local/massachusetts/articles/2011/01/07/brookline_high_school_students_held_in_alleged__threats/


View the original article here

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The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs. The most commonly used terms are DUI, an acronym for Driving Under the Influence, and DWI, an acronym for Driving While Impaired.
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