Suspected DUI Driver Rockets Down Interstate the Wrong Way, Nearly Kills 20 Year Old Woman

Driving under the influence is never the right way to travel, and sometimes that lesson is quite literally true. Even an experienced Los Angeles DUI attorney could have difficulty making a case for someone who decides to drive along an interstate highway while under the influence—especially when that driver is headed in the wrong direction.

According to the Illinois News Gazette, police officers managed to stop 60-year old Michael Jay Nolan from driving west in the eastbound lanes of Interstate 74 in Champaign County. The alleged DUI driver had traveled five miles in the wrong directions, from Ogden to St. Joseph, before a sheriff’s deputy was able to get his pickup truck to stop.

Considering the distance that Nolan covered, it’s fortunate that he forced only two drivers off the road during his wrong-way drive. A 20-year-old woman, Ashley Lurry, ended up in the median after meeting up with Nolan in her Chevrolet Cobalt. She and her passenger received treatment for minor injuries at a nearby hospital.

A Toyota Camry driven by 61-year-old Denise Chestnut landed in a ditch after swerving to avoid a head-on collision with Nolan’s truck. Although her Camry may never be the same—and Chestnut will probably never forget the sight of the headlights coming towards her on an expressway—she wasn’t injured.

Police were able to stop Nolan about 15 minutes after they received the first calls from frantic motorists alerting them to the problem. Nolan received tickets for illegal transportation of alcohol and improper lane usage—not his biggest problems, since the police also charged him with DUI.

One thing that Nolan and the two other drivers did right, however. According to the paper, all of the people involved had buckled up before they hit the road.

Locating a seasoned and qualified Los Angeles DUI defense lawyer is a critical part of the process of reclaiming your life, your time and your peace of mind. Call ex-prosecutor Michael Kraut for a free consultation right now.

Call attorney Michael Kraut at (323) 464-6453 for help if you’ve been stopped for DUI in Los Angeles. Or Contact our team online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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Woman facing charges in New Jersey drunk driving case

A 66-year-old woman leaving a New Jersey liquor store was taken into custody for drunk driving on Feb. 19 around 5:30 p.m. after an anonymous phone call to police claimed she was swerving before turning into the store's parking lot. According to a police officer who responded to the tip, the woman left the liquor store and got into her car. She began swerving again as she drove up the road.

The police officer pulled her over and administered field sobriety tests that she failed to complete. She was given a breath test at the police station and allegedly tested at three times the legal limit for alcohol.

The woman is now facing charges for failure to keep right, reckless driving and DWI. She was released to a friend.

DWI charges like the ones in this case can have serious consequences. They may include license suspension, probation, community service or even jail time. Therefore, individuals facing such charges may want to work with an attorney.

An attorney may be able to look at a case like this one and recommend several courses of action for an individual. For example, a police officer may have violated the individual's rights. If the procedures for taking the individual into custody were not properly followed, it may be possible to have the charges dismissed.

An individual might also opt for a plea bargain in which they work with the prosecution to plead guilty in exchange for lesser charges. In a drunk driving case like this one, this might mean probation or community service in lieu of other penalties.

Source: NJ.com, "Driver leaving liquor store charged with DWI in Hoptacong," Feb. 23, 2015

Tags: DWI charges, license suspension, penalties

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Pantsless, Belligerent Woman Arrested for DUI in Pennsylvania

Los Angeles DUI stories often tend toward the lurid and, occasionally, the surreal.

However, recent DUI stories from the Southland have been downright pedestrian compared to this recent event out of Pennsylvania. Police arrested a woman named Justine King in Aliquippa, Pennsylvania and charged her with DUI driving, public lewdness, reckless driving, resisting arrest, and disorderly conduct.

When police responded to an accident report, they allegedly found the woman in her car in the middle of an intersection. Reports say that King had just hit another vehicle, and she was sitting in her car with the air bag still deployed. Allegedly, she was naked from the waist down and sitting on an empty liquor bottle. King later denied that she had hit another car, but police said that she would not get out of the vehicle because she wasn’t wearing pants. The police reported seeing her clothing on the floorboards of the car.

King allegedly remained belligerent as officers handcuffed her and drove her to a local hospital for a BAC (blood alcohol content) blood test. Police say the woman refused to cooperate or put on clothes, and they called for a gown to be available at the hospital. The arresting officer said that King kicked out the back window of his vehicle while he retrieved the gown.

While it is a good idea to avoid talking to a police officer more than necessary during a DUI arrest, it is never advisable to refute obvious facts or to refuse to cooperate in this kind of ridiculous manner. In California, you have the right to refuse a field sobriety test, for instance. Doing so, however, may provide probable cause for an arrest. Doing so in a preposterous, disrespectful manner can earn you additional charges and possibly more jail time.

You cannot avoid taking a blood test to determine your BAC level after you have been arrested. Refusing a test before an arrest may lead to the automatic suspension of your driver’s license. However, depending on what happened, you may be able to challenge the legality of the DUI stop or arrest.

Locating a seasoned and qualified Los Angeles DUI defense lawyer is a critical part of the process of reclaiming your life, your time and your peace of mind. Call ex-prosecutor Michael Kraut for a free consultation right now.

Did you get arrested for a DUI in Los Angeles? If so, contact Los Angeles criminal defense attorney Michael Kraut for assistance by phone at (323) 464-6453 or online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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Woman Known for Having Three Breasts Charged with DUI in Tampa

Los Angeles DUI reports can be strange, but Florida has got California beat this week in the “DUI news of the weird” department. Authorities arrested a three-breasted woman, 21 year-old Jasmine Tridevil, in Tampa for DUI. The New York Daily News cheekily broke the story, saying, “some busts are certainly worse than others.”

The defendant’s legal name is Alisha Jasmine Hessler; she is known online for her claims that she used cosmetic surgery to attach a third breast. Many experts (as well as Snopes.com) have refuted her claims of plastic surgery, saying that it would be very difficult and take several years to successfully complete.

Per the Daily News, Hessler had been driving “erratically in the area of Adamo Drive and 21st Street shortly before 4 am Monday [Jan. 26], when an officer spotted her.” She was also speeding and ran a red light. Police Hessler for DUI after she failed a sobriety test. Police indicated that her BAC was .18% at the time – well over two times the state’s 0.08% limit.

This is not the first time Hessler has been arrested. In 2013, authorities busted her for fraudulently using personal information; and she faced charges of holding a man captive in her home.

Hessler’s story may be eye catching and bizarre, but DUI cases are no laughing matter.

For a first time DUI offender in California, sentencing may include fines, driver’s license suspension, mandatory DUI school attendance, forced use of an interlock device before driving, probation, and jail time. A BAC level of .15% or higher could elevate a DUI to an aggravated DUI, with harsher sentencing.

Even aggravated DUI charges may be fought, and the sooner you seek advice, the better you will understand your case’s circumstances.

What should you do if you or someone you love faces a serious DUI count? Will you go to jail? Will you lose your license? Call Los Angeles DUI defense lawyer Michael Kraut immediately to understand your options and craft a strategic response.

Have you been arrested for a DUI in Los Angeles? If so, please contact DUI defense attorney Michael Kraut at (323) 464-6453 or online. Our building is located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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Multiple Offenses Lead to 5th Arrest for 55-Year-Old Savannah Woman

Today, our Los Angeles DUI blog will take a close look at a curious case out of Georgia’s historic Savannah. A local woman, Sheila Faye Conley, just netted her 5th DUI-related arrest, her 4th DUI case, and her 3rd DUI conviction in a period of five years. Police arrested the 55-year-old on Christmas Eve, 2014, and a jury indicted her on February 5th.

Conley caused two previous DUI accidents that led to the injury and death of others involved. In 2000, she struck a couple at a traffic light while fleeing from an officer. In 2001, she fatally struck a couple on the same road as her previous accident. The state sentenced Conley to prison for felony vehicular homicide. Conley won her release in 2010 after serving 10 years and successfully completing almost 2 years on parole; her probationary period began in 2012.

Probation guidelines prohibited Conley from violating any criminal laws or engaging in “injurious and vicious habits” relating to drugs and alcohol, according to Savannah Now. When police pulled her over on Dec. 24, Conley allegedly denied consuming alcohol and refused blood and breathalyzer tests, which led to the most recent DUI charge. A grand jury indicted her for driving under the influence and presenting false statements at the time of her arrest.

Cases featuring multiple offenses in a short timeframe, especially those including injury or death, usually receive harsh prosecution. In California, depending on the timeframe of previous DUI convictions, a person similar to Conley may face years in prison, driver’s license suspension without an allowance for work, and an interlock device.

Do you need help defending against a drug or DUI charge? Michael Kraut of Los Angeles’s Kraut Law Group is a trustworthy, highly qualified former prosecutor. Call a Los Angeles DUI attorney today to strategize for your defense seriously.

Call attorney Michael Kraut at (323) 464-6453 for help if you’ve been stopped for DUI in Los Angeles. Or Contact our team online. We’re located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, California 90028.

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New Jersey woman charged in crash with alleged drunk driver

On Jan. 29, the Hudson County Sheriff's Office indicated a woman from Clifton has been charged in connection with a fatal car accident that claimed the life of a Jersey City man in December. The 33-year-old surrendered to authorities on Jan. 26.

According to the sheriff's office, the defendant was intoxicated and driving well above the speed limit when her 2008 Toyota Highlander struck a 2002 Acura in West New York the night of Dec. 6. The 27-year-old Acura driver was also believed to have been drinking that night. Authorities said he lost control of his car while driving east on Hillside Road/Defino Way and crossed the center line, crashing into the defendant's Toyota.

The impact was so severe that the Acura smashed through a fence and slammed into the side of a mountain. The driver had to be cut from his vehicle by emergency workers, and he later died at Jersey City Medical Center.

While toxicology reports are pending for the decedent, investigators said the defendant's speed and intoxicated state were largely to blame for the severity of the crash. She was allegedly driving 57 mph in a 25-mph zone and had a blood alcohol content level of .10 percent. She has been charged with vehicular homicide, DWI and reckless driving.

Drunk driving charges, especially those connected to a fatal car accident, can result in severe penalties for those who are convicted. Anyone facing similar charges may wish to obtain a criminal defense attorney to vigorously fight the allegations in court. An attorney could review the evidence for weaknesses or inconsistencies and recommend appropriate defense strategies. In some cases, it may be advisable to negotiate a plea deal that reduces the most serious charges in exchange for a guilty plea.

Source: NJ.com, "Drunk driver charged in death of Jersey City man, authorities say," Kathryn Brenzel, Jan. 29, 2015

Tags: penalties

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New Jersey woman pulled over for DWI after traveling 5 mph

Police pulled over a woman allegedly driving 5 mph in Plainsboro on Aug. 16. The authorities received a call about an erratic driver, and the woman may have been under the influence of alcohol.

The 39-year-old woman from Trenton was traveling on Birch Drive when authorities stopped her at about 11:40 a.m. She reportedly drove a Toyota 4-Runner over multiple curbs in a residential neighborhood. The responding officer said that she was obstructing traffic and traveling at an extremely slow rate of speed.

The authorities detained the woman on suspicion of driving under the influence, and she was issued summonses for DWI, delaying traffic, consumption of an alcoholic beverage in a motor vehicle, possession of an open or unsealed alcoholic drink in a vehicle, driving without a license, reckless driving, obstructing the passage of other vehicles, operating an uninsured car and having a nonresident vehicle registration with expired touring privileges. The Trenton woman has a pending court appearance and was released on her own recognizance.

In New Jersey, a drunk driving conviction can mean fines, jail time, a license suspension and the required installation of an ignition interlock device at a driver's expense. Drivers also face a license suspension when refusing to take a chemical test after being pulled over. Consequences are harsher for repeated offenses and when someone is injured in an alcohol-related car accident, but even a misdemeanor DWI may result in large monetary costs and a ruined personal record.

Those facing DWI charges may wish to discuss options for defense, probation or a plea bargain with an attorney. One of the most accurate ways to determine impairment is through a blood test, but mistakes can still be made with this method. Field or breath tests are less reliable.

Source: NJ.com, "Woman driving 5 mph charged with DWI in Plainsboro, cops say", Anthony G. Attrino, August 28, 2014

Tags: DWI charges, fines, license suspension, misdemeanor DWI

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Sep 17, Franklin woman charged with DUI

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Woman Gets 7 Year DUI Sentence After Running Car Over Boyfriend

By guest-writer

A woman who ran over her boyfriend and killed him with her SUV without even realizing what she had done was sentenced to seven years in prison this week, according to a report from the Orlando Sentinel.

26-year-old Allison Ryan Chambliss had already pleaded no contest in March to a charge of DUI manslaughter after her actions resulted in the death of her 20-year-old boyfriend, Jeremy Honarvar Adams.

The horrific accident occurred last June, when Adams and Chambliss were driving home in separate vehicles from an Orlando bar at around 3:00 a.m. after drinking for several hours, according to a police report.

Adams was driving his motorcycle in front of his girlfriend’s SUV when she apparently ran him over. Somehow, Chambliss did not realize she had struck and killed her boyfriend until she noticed that Adams was no longer in front of her.

After arriving at the scene, police administered a breathalyzer test to Chambliss, who registered a staggering .243, which is more than three times the legal limit of .08.

For her actions, Chambliss was sentenced to seven years in prison, eight years of probation, and she must perform a significant amount of community service, which will include giving talks to children about the potential dangers of driving under the influence of alcohol.

In addition to these severe punishments, the judge in her case also revoked her driving privileges on a permanent basis. So, if Chambliss attempts to drive after she is released from prison, she could be incarcerated again.

Sources indicate that both Chambliss and Adams struggled with alcoholism, and that their parents had repeatedly urged them to seek counseling. Adams had previously sought counseling before, but his parents wished they would have secured similar treatment for his girlfriend.

According to Linda Adams, the mother of the deceased young man, her son was working as a waiter and hoping to take classes at Valencia College so he could fulfill his goal of becoming an English teacher.

In her words, her son’s death “should have never happened.” She also said that her family “will always be heartbroken at his loss,” and she generously observed that the event was “a tragedy for our family and for Allison’s family.”

Observers might question how it is possible that Chambliss struck a motorcycle without recognizing it, but the size and power of an SUV combined with the diminished capacities of a drunk driver can be an incredibly lethal combination.

View the original article here

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20-Year-Old Woman Given 10 Years for Deadly New Year’s DUI Accident

By guest-writer
A 20-year-old Florida resident was recently sentenced to 10 years in prison for killing two men in a felony DUI accident on New Year’s Day 2010, according to a report from the Orlando Sentinel.
Earlier this year, Nieves pled guilty to two counts of DUI manslaughter and had waited several weeks for the judge to make a determination about the length of her sentence.
Sources indicate that, at the time of the accident, Toni Nieves was already on probation for a previous drunk driving incident when she struck and killed 18-year-old Bradley Summersill and his 22-year-old friend, Brian Walker.
Summersill and Walker had been driving to a nearby town to pick up a friend’s mother when their car was struck by Nieves’ vehicle.
The sentencing was fraught with emotion, as the mothers of the two men held up pictures of their dead sons while Nieves refused to lift her eyes to look at the pictures.
Summersill’s mother made an emotional appeal to Nieves, telling her that she “should have never been on the road that night,” as she fought back tears.
In response to the emotions displayed by the families of the victims, Nieves’ stepfather, Frank Petrillo, later offered an apology on her behalf, saying there was a “lot of anguish here and a lot of feeling” and noting that he and his family were deeply sorry for the tragic result of the accident.
At the time of the fatal DUI accident, Nieves was already serving probation for a previous DUI, and sources say that the terms of her probation prohibited her from driving, much less driving while under the influence of alcohol.
Sources say that Nieves’ blood alcohol content was measured at 0.189 percent, which is significantly higher than the legal limit of .08. She claims that she saw the other vehicle’s taillights and, instead of hitting her brakes, accidentally hit the gas pedal.
During the court proceedings, Nieves’ family claimed that Summersill, the driver of the other car, should share a portion of the blame because he allegedly pulled in front of Nieves’ car and reportedly had a blood alcohol level of 0.10 percent after the accident.
The judge may have taken this mitigating factor into consideration when sentencing Nieves, because the young driver faced a maximum sentence of 30 years in prison.
Instead, Nieves will serve a decade in prison, which will be followed by five years of court-supervised probation. In addition, Nieves will eventually have to pay $20,000 in restitution to the families of the two sons for the cost of their funerals.

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Duxbury Woman Is Assaulted By Hanover Drunk Driver – Attorney Sam’s Take

Mike Hennebury, a 37-year-old man from Hanover (hereinafter, the “Defendant”) is in trouble as this week comes to a close.

According to the police, the Defendant was on his merry way Tuesday night, driving drunk, when he ran off the road. Say what you will about the Defendant, he is apparently consistent. He has had three prior drunk driving cases in the past.

When the Defendant left the comfort of pavement, he ended up in the front yard of a home in an otherwise peaceful Duxbury neighborhood. There, his car came to a rest and was apparently having difficulty moving. Yes, it was stuck in the snow.

The good news is that a nice 72-year-old woman came out of her home, concerned that he needed help.

The bad news is that he apparently did not want any help. He really did not want any help!

According to law enforcement, the Defendant expressed this lack of desire by knocking the woman down and kicking her in the face with his boots (aka a dangerous weapon – shod foot).

The woman was finally able to make it back into her home, where she called the police. Meantime, the Defendant stayed where he was...stuck among the snow mountains.

He was not difficult to find when the police arrived.

The Defendant is looking at a host of charges, including the felonies of assault and battery with a dangerous weapon and assault and battery on a person over 60. This being his 4th OUI, he will be looking at additional time, under Megan’s Law, should he be convicted of that.

Lord help him if he was on probation at the time...!

As you know, I have been practicing criminal law for over a quarter of a century. That not only makes me old, but it reflects many years of experience handling all sorts of criminal cases.

The reality of “no good deed goes unpunished” is not terribly new to me.

“Well, Sam, it sounds like this guy was crazy! Is that likely to be his defense?”

Maybe. However, the Commonwealth will indicate that he was not insane...merely drunk.

“Well, if he was so drunk he did not understand that it was an older woman and she was trying to help him...doesn’t that mean that mean that he was sufficiently removed from reality so as to make it impossible for him to intend to assault the woman?”

Well, no. Not unless, perhaps, his body was flailing this way and that in a seizure or something that made his actions truly involuntary. However, there could be issues with this as well because voluntary intoxication is not a defense.

“Self-defense?”

Yes, good luck with that.

In the past, I have reminded readers that, when they are pulled over by the police, not to try to outwit, outrun or outfight them. Perhaps this is a good time to remind everyone that that goes for non-police too. Especially the last one. No need to beat up on the elderly when they come out to inquire.

To put it in ther perspective of this week's blogs, it is bullying of a different sought. And the laws against this kind have plenty of teeth!

Somebody needs a very experienced criminal defense attorney here, and it is not the woman.

If you find yourself sobering up from such an episode and find that your wallpaper suddenly has bars on it, get one of those. If you would like it to be 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, please go to : http://boston.cbslocal.com/2011/02/10/duxbury-police-say-senior-citizen-woman-beaten-by-drunk-man/#

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Medford Woman Arrested For Domestic Assault Turned Homicide-Attorney Sam’s Take

Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network.
To speak to Sam about a criminal matter call 617-492-3000.

Posted On: February 1, 2011 by Samuel Goldberg

There are certain times that tend to promote domestic violence. Assault cases between family members, for example, seem to rise around the holidays. Is it the drinking? The being cooped up with one’s loved ones that makes one want to kill them? This varies.

Winter storms, such as the one we are experiencing at the moment also tend to bring about such crimes..

Today’s blog, though, is about a woman who apparently could not wait until the storm outside. Allegedly.

Shawntina Burston, 39, of Medford (hereinafter, the “Defendant”) has been charged with assaulting her husband. Said husband was transported to Lawrence Memorial Hospital. There, he was pronounced dead.

The Defendant is accused of attacking her, now ex, husband with a knife. She is scheduled to be arraigned today in Somerville District Court.

There is a veil of horror which shrouds murder cases, regardless of which side of the aisle you are on. I learned that years ago when I was prosecuting homicide cases and it continues today as I defend those charged..

In many such cases, one cannot help but turn away amazed at how one moment…one very bad moment…can end one life and shatter many others;.

You see, many homicides are far from planned. Some result from a stupid mistake. Some come from a complete accident. Others come from a moment of fear or rage.

The facts , or specific allegations, have not yet surfaced in the Defendant’s matter.

While, often, prosecutors like to allege some well-thought out murder plot, it usually does not happen that way. Particularly when the death results from some kind of argument at home. In fact, some such killings result from a situation where, had the death not occurred, we would have treated the defendant as the victim. After all, the laws regarding what force is allowed to be used varies.

For example, if you attack me with a gun, and I shoot you first, I am likely to be seen as simply defending myself. However, if you pick up a sharpened pencil and charge at me and I pull out my Uzi and riddle you with bullets, I am going to be charged. The sharpened pencil attack did not give me the right to blow you away in several pieces.

The laws surrounding homicide cases can be complex and those involved are always emotional. If you have the bad fortune to find yourself entangled in the web of one, you want someone who has the experience, preferably on both sides of the aisle in dealing with them to guide and defend you.

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

To view the original story in which parts of this blog were based, please go to : http://www.boston.com/news/local/breaking_news/2011/01/one_arrested_in_2.html

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