Original Story: record-eagle.com
TRAVERSE CITY — A stalled drunken driving case against a Traverse City man appears full speed ahead after state court judges ruled that his electric scooter can be considered a motor vehicle. A Westchester County DWI lawyer is following this story closely.
Michigan Court of Appeals judges this week unanimously agreed that Michigan's rules of the road applied to William Shaw Lyon, 52, of Traverse City, when he drunkenly scooted down Garfield Avenue in 2013.
Their opinion reverses 13th Circuit Court Judge Philip Rodgers' previous dismissal of a third-offense drunken driving charge against Lyon and remands the case to his court for a potential trial. Lyon's attorney David Clark, who uses an electric wheelchair, said he's "extremely disappointed in the opinion."
"In my opinion, the court of appeals has pretty much disregarded handicappers' civil rights in defining a wheelchair as a motor vehicle," he said. A New York drunk driving lawyer is reviewing the details of this case.
In September 2013, Lyon was ordered out of a Save-a-Lot grocery store after he caused a drunken disturbance on his scooter. He set off down Garfield Avenue at 4 mph in the curb lane toward Burger King, open beer in hand, when city police officers stopped him for causing a traffic backup.
Police arrested Lyon for disorderly conduct and possession of marijuana, and prosecutors later added charges of possession of an open alcoholic container and third-offense drunken driving, a felony punishable by up to five years in prison.
Lyon's court-appointed attorney -- Clark -- appealed the driving-related charges, arguing Lyon is disabled and his scooter is a substitute for walking and not a motor vehicle. Rodgers agreed and dismissed the charges, prompting an appeal from Grand Traverse County prosecutors.
The appellate judges found because Lyon placed his scooter on a roadway while admittedly intoxicated he "undertook the duties of a vehicle driver, which include refraining from driving while intoxicated or with an open container." A Nyack DWI lawyer represents clients charged with felonies, misdemeanors, violations, and driving while under the influence.
"Accordingly, the circuit court committed clear legal error and abused its discretion in dismissing the charges in this case," the opinion states.
Rodgers didn't return a call for comment.
Clark worries the opinion could have unintended consequences. He said if a rowdy, drunken bachelor party crossed from a sidewalk into a street that a reveler in an electric wheelchair could face different legal penalties than those who traveled on their feet.
"An overzealous police officer could cite them for disorderly (conduct), but arrest the guy in wheelchair for drunken driving," he said.
But county Prosecutor Bob Cooney had worries of his own, specifically that drivers with suspended licenses might take to similar devices to skirt drunken driving laws. He's happy with the opinion, though he said the law should be refined to address concerns.
"I was concerned with the message to other drivers and other persons who might think it's OK to travel along roadways in Grand Traverse County on similar vehicles while intoxicated, or with their licenses suspended," he said. A New York DWI lawyer is dedicated to protecting the driving rights of clients charged with drunk driving.
Lyon didn't return a call for comment. Clark said he's unsure whether Lyon will take the case up with the Michigan Supreme Court, take a plea, or opt for a trial where jurors would decide his guilt.
"They’d be instructed that a wheelchair is a motor vehicle," he said.
Showing posts with label Drunk Driving. Show all posts
Showing posts with label Drunk Driving. Show all posts
Thursday, May 21, 2015
Friday, March 13, 2015
ST. CLAIR COUNTY OFFICIAL ARRESTED UNDER SUPER DRUNK LAW
Original Story: macombdaily.com
The political leader of a rural St. Clair County community was arrested by Clay Township police for drunk driving Feb. 12
Supervisor Kelly Fiscelli, the top elected official in Cottrellville Township, located outside of Marine City, was taken into custody at about 12:40 a.m., several hours after a board meeting she chaired.
She was charged with operating with blood alcohol content of .17 or more, the so-called ‘super drunk’ law, a term applied to first-time offenders who register a PBT greater than .17. A Westchester County drunk driving lawyer represents clients charged with driving under the influence of alcohol.
Fiscelli was reportedly on her way home when a Clay Township police cruiser spotted her driving erratically.
Police received a call of an intoxicated woman who refused attempts by others to give her a ride home, according to a Clay Township police report. The caller let police know the vehicle she was driving was eastbound on M-29. Police caught up with the car at Palms Road as it was stopped under a traffic light. The police report states Fiscelli then turned down Palms and made a right on Shea Road, crossing the centerline as she did so. She then drove in the wrong lane for a time with the police car behind her. A New York DWI lawyer is following this story closely.
After a traffic stop the officer made contact with her. Fiscelli looked and acted like she was impaired, according to the police report. Her speech was slurred, she smelled of alcohol and seemed confused at times, the officer reported. When asked how much she drank, she said she had three beers. She then failed a field sobriety test and refused to attempt another.
The officer asked if she would submit to a Preliminary Breath Test and she agreed with a .23 percent result. The legal limit of intoxication is .08.
Fiscelli was arrested for operating a vehicle while intoxicated. At the police station, she told officers she “did not know what to do” and wanted to call Tim Donnellon, who is the St. Clair County Sheriff. After making a phone call she took another PBT with the result a .28 percent reading. She then refused a third breath test. While she was fingerprinted, she became uncooperative, making it impossible to be photographed.
She was then lodged at the St. Clair County Jail. The next morning, she was released on a personal bond with no monetary requirement, according to St. Clair County court records.
While en route to the jail, the report states she was verbally abusive to the officers. A New York drunk driving lawyer provides experienced representation to clients involved in DUI charges.
On Feb. 17, Fiscelli, in a prepared statement, acknowledged the arrest.
“I was arrested. It was my first offense. I made a mistake,” she said. “I apologize to my family and constituents. I plan on taking responsibility through the courts on my decision making. I apologize for letting my constituent’s down and I am moving forward with my professional and personal life and would like to put this chapter behind me.”
She said she was “mortified” that she would be driving while drunk. Her former husband was a sergeant in the sheriff’s department who was killed by a drunk driver.
“I am always saying that it is the one thing you totally don’t do is drive drunk,” she said.
Fiscelli mentioned the township board session held earlier that evening was particularly stressful.
“I’m not making excuses,” she said. “But this should not be how it is for a politician – being run through the mill. It will prevent others from running for office. I would just ride out the time until my term ended if I was a different person, but I won’t.”
Fiscelli has been in office since November 2012 and her term ends in 2016.
The political leader of a rural St. Clair County community was arrested by Clay Township police for drunk driving Feb. 12
Supervisor Kelly Fiscelli, the top elected official in Cottrellville Township, located outside of Marine City, was taken into custody at about 12:40 a.m., several hours after a board meeting she chaired.
She was charged with operating with blood alcohol content of .17 or more, the so-called ‘super drunk’ law, a term applied to first-time offenders who register a PBT greater than .17. A Westchester County drunk driving lawyer represents clients charged with driving under the influence of alcohol.
Fiscelli was reportedly on her way home when a Clay Township police cruiser spotted her driving erratically.
Police received a call of an intoxicated woman who refused attempts by others to give her a ride home, according to a Clay Township police report. The caller let police know the vehicle she was driving was eastbound on M-29. Police caught up with the car at Palms Road as it was stopped under a traffic light. The police report states Fiscelli then turned down Palms and made a right on Shea Road, crossing the centerline as she did so. She then drove in the wrong lane for a time with the police car behind her. A New York DWI lawyer is following this story closely.
After a traffic stop the officer made contact with her. Fiscelli looked and acted like she was impaired, according to the police report. Her speech was slurred, she smelled of alcohol and seemed confused at times, the officer reported. When asked how much she drank, she said she had three beers. She then failed a field sobriety test and refused to attempt another.
The officer asked if she would submit to a Preliminary Breath Test and she agreed with a .23 percent result. The legal limit of intoxication is .08.
Fiscelli was arrested for operating a vehicle while intoxicated. At the police station, she told officers she “did not know what to do” and wanted to call Tim Donnellon, who is the St. Clair County Sheriff. After making a phone call she took another PBT with the result a .28 percent reading. She then refused a third breath test. While she was fingerprinted, she became uncooperative, making it impossible to be photographed.
She was then lodged at the St. Clair County Jail. The next morning, she was released on a personal bond with no monetary requirement, according to St. Clair County court records.
While en route to the jail, the report states she was verbally abusive to the officers. A New York drunk driving lawyer provides experienced representation to clients involved in DUI charges.
On Feb. 17, Fiscelli, in a prepared statement, acknowledged the arrest.
“I was arrested. It was my first offense. I made a mistake,” she said. “I apologize to my family and constituents. I plan on taking responsibility through the courts on my decision making. I apologize for letting my constituent’s down and I am moving forward with my professional and personal life and would like to put this chapter behind me.”
She said she was “mortified” that she would be driving while drunk. Her former husband was a sergeant in the sheriff’s department who was killed by a drunk driver.
“I am always saying that it is the one thing you totally don’t do is drive drunk,” she said.
Fiscelli mentioned the township board session held earlier that evening was particularly stressful.
“I’m not making excuses,” she said. “But this should not be how it is for a politician – being run through the mill. It will prevent others from running for office. I would just ride out the time until my term ended if I was a different person, but I won’t.”
Fiscelli has been in office since November 2012 and her term ends in 2016.
Thursday, October 23, 2014
WOMAN GETS 10 YEARS IN DUI DEATH BUT PRISON TIME DELAYED DUE FOR PREGNANCY
Original Story: dailymail.co.uk
A pregnant woman sentenced to jail time for a DUI conviction involving the death of her friend will be allowed to stay out of prison until the birth of her baby.
Sarah Courtney, 34, from Orrington, Maine, was sentenced to ten years in prison after pleading no contest to manslaughter and aggravated criminal operating under the influence of intoxicants. A Westchester County DWI Lawyer is reviewing the details of this case.
She was driving her SUV in Hampden last year when she missed a curve and crashed the vehicle. Her friend Sarah Eason, 28, was sitting in the passenger seat and died as a result of the crash.
According to prosecutors, Courtney, who is now eight months pregnant, was nearly twice over the legal alcohol limit at the time, Bangor Daily News reported. She also was driving at 57mph in a 45mph zone. A Nyack DWI Lawyer represents clients involved in drunk driving cases.
The women had been visiting bars in Bangor and Brewer just before the crash.
Courtney was sentenced to ten years in prison, with all but two and a half suspended, followed by four years probation for manslaughter.
But she will not have to enter prison until March 1 on account of the fact she is expected to give birth to a baby girl next month.
Courtney's due date is November 22 but her daughter is expected to be delivered earlier due to gestational diabetes. She remains free on $2,000 bail.
The prosecution said that although they thought the plea agreement was fair, he opposed a stay longer than 42 days, the maternity leave granted to female members of the military.
Mary-Lynne Eason of Brewer, the victim's mother, told the judge that 'since the crash, my life has become a nightmare from which I will never wake up'.
She said that because of her daughter's death she could no longer work and was struggling emotionally and economically.
The mother added that Courtney's 'continued refusal to accept responsibility reveals a lot about her character' and urged the judge to impose 'a longer sentence to send a stronger message to the community so no other mother has to stand here'.
Just before being sentenced, Courtney apologized to her friend's family.
'My sorrow and remorse is overwhelming,' she said.
In her obituary, published in April 2013 in the Bangor Daily News, Sarah Eason was described as loved and as someone who accepted people without judgment.
A pregnant woman sentenced to jail time for a DUI conviction involving the death of her friend will be allowed to stay out of prison until the birth of her baby.
Sarah Courtney, 34, from Orrington, Maine, was sentenced to ten years in prison after pleading no contest to manslaughter and aggravated criminal operating under the influence of intoxicants. A Westchester County DWI Lawyer is reviewing the details of this case.
She was driving her SUV in Hampden last year when she missed a curve and crashed the vehicle. Her friend Sarah Eason, 28, was sitting in the passenger seat and died as a result of the crash.
According to prosecutors, Courtney, who is now eight months pregnant, was nearly twice over the legal alcohol limit at the time, Bangor Daily News reported. She also was driving at 57mph in a 45mph zone. A Nyack DWI Lawyer represents clients involved in drunk driving cases.
The women had been visiting bars in Bangor and Brewer just before the crash.
Courtney was sentenced to ten years in prison, with all but two and a half suspended, followed by four years probation for manslaughter.
But she will not have to enter prison until March 1 on account of the fact she is expected to give birth to a baby girl next month.
Courtney's due date is November 22 but her daughter is expected to be delivered earlier due to gestational diabetes. She remains free on $2,000 bail.
The prosecution said that although they thought the plea agreement was fair, he opposed a stay longer than 42 days, the maternity leave granted to female members of the military.
Mary-Lynne Eason of Brewer, the victim's mother, told the judge that 'since the crash, my life has become a nightmare from which I will never wake up'.
She said that because of her daughter's death she could no longer work and was struggling emotionally and economically.
The mother added that Courtney's 'continued refusal to accept responsibility reveals a lot about her character' and urged the judge to impose 'a longer sentence to send a stronger message to the community so no other mother has to stand here'.
Just before being sentenced, Courtney apologized to her friend's family.
'My sorrow and remorse is overwhelming,' she said.
In her obituary, published in April 2013 in the Bangor Daily News, Sarah Eason was described as loved and as someone who accepted people without judgment.
Thursday, September 18, 2014
POLICE: N.Y. COP DRUNK IN FATAL WRONG-WAY CRASH
Original Story: USAToday.com
WHITE PLAINS, N.Y. — The off-duty New York City police officer at the wheel in a fatal wrong-way crash on the Thruway last month had a blood-alcohol content of nearly three times the legal limit, state police announced Wednesday.
Toxicology results show that Richard E. Christopher, 32, had a blood-alcohol content of 0.21 percent when he drove his 2002 Dodge Dakota in the southbound lanes of the northbound Thruway near Suffern, slamming head-on into a Honda CRV driven by James DeVito of Airmont. A BAC above 0.08 is a misdemeanor. A Nyack DWI Lawyer is reviewing the details of this case.
Both men were killed in the crash, which occurred just before 7 a.m. on Aug. 12.
No drugs were found in Christopher's system. Christopher was assigned to the 43rd Precinct in the Bronx and lived on South Airmont Road in Airmont with his girlfriend and her son.
DeVito had no drugs or alcohol in his blood at the time of the crash, state police said.
DeVito, 59, a recent widower, was the executive chef at Mount St. Mary College in Newburgh, where he was an employee of Sodexo, a food services company. A Suffern DWI Lawyer is following this story closely.
DeVito's father, Joseph DeVito Sr., who lives in Peoria, Ariz., was shocked to hear of the finding.
"The fact that he is a police officer and drunk makes no sense at all," DeVito said. "It's a sorry shame. My son was a beautiful guy. He was a master chef, he was a musician, he was a good family man."
The officer's family said at the time that they believed he had been headed to work. However, state police Capt. Richard Mazzone said Wednesday that the investigation determined Christopher was not going to work that morning but was headed home from a friend's place in Orangetown.
Christopher's family was told Wednesday of the autopsy results but did not wish to comment on them, his sister, Melissa Castillo, said at the family's home in Nyack.
Investigators say two witnesses reported that Christopher was traveling north in the northbound lanes before making an illegal U-turn and driving south in the wrong direction.
The collision occurred just after the five-year anniversary of one of the most horrific motor vehicles crashes in recent memory.
On July 26, 2009, Diane Schuler was high on marijuana and had a blood-alcohol level of 0.19 percent when she drove the wrong way on the Taconic State Parkway, slamming into another vehicle and killing eight people, including four children.
WHITE PLAINS, N.Y. — The off-duty New York City police officer at the wheel in a fatal wrong-way crash on the Thruway last month had a blood-alcohol content of nearly three times the legal limit, state police announced Wednesday.
Toxicology results show that Richard E. Christopher, 32, had a blood-alcohol content of 0.21 percent when he drove his 2002 Dodge Dakota in the southbound lanes of the northbound Thruway near Suffern, slamming head-on into a Honda CRV driven by James DeVito of Airmont. A BAC above 0.08 is a misdemeanor. A Nyack DWI Lawyer is reviewing the details of this case.
Both men were killed in the crash, which occurred just before 7 a.m. on Aug. 12.
No drugs were found in Christopher's system. Christopher was assigned to the 43rd Precinct in the Bronx and lived on South Airmont Road in Airmont with his girlfriend and her son.
DeVito had no drugs or alcohol in his blood at the time of the crash, state police said.
DeVito, 59, a recent widower, was the executive chef at Mount St. Mary College in Newburgh, where he was an employee of Sodexo, a food services company. A Suffern DWI Lawyer is following this story closely.
DeVito's father, Joseph DeVito Sr., who lives in Peoria, Ariz., was shocked to hear of the finding.
"The fact that he is a police officer and drunk makes no sense at all," DeVito said. "It's a sorry shame. My son was a beautiful guy. He was a master chef, he was a musician, he was a good family man."
The officer's family said at the time that they believed he had been headed to work. However, state police Capt. Richard Mazzone said Wednesday that the investigation determined Christopher was not going to work that morning but was headed home from a friend's place in Orangetown.
Christopher's family was told Wednesday of the autopsy results but did not wish to comment on them, his sister, Melissa Castillo, said at the family's home in Nyack.
Investigators say two witnesses reported that Christopher was traveling north in the northbound lanes before making an illegal U-turn and driving south in the wrong direction.
The collision occurred just after the five-year anniversary of one of the most horrific motor vehicles crashes in recent memory.
On July 26, 2009, Diane Schuler was high on marijuana and had a blood-alcohol level of 0.19 percent when she drove the wrong way on the Taconic State Parkway, slamming into another vehicle and killing eight people, including four children.
Friday, January 10, 2014
3 DRUNK DRIVERS STOPPED BY PATROL'S NORWALK POST
Story first appeared on NorwalkReflector.com.
Troopers with the Norwalk post of the state Highway Patrol stopped three suspected drunken drivers over several days. According to a Berrien County Car Accident Lawyer the holiday's often have more drunk drivers on the roads.
Oberlin resident Jimmie D. Stephens, 45, was stopped by Trooper Kori Robinson at 11:17 p.m. Dec. 20 on Ohio 18 in Wakeman. Stephens was charged with driving under the influence, left of center, a DUI-related driving with a suspended license and a seatbelt violation. A Kalamazoo Car Accident Lawyer says that drunk driving often is the cause of serious injuries in accidents.
He has six prior DUIs. Patrol records indicate those convictions were from 1991, 2001, 2004, two in 2006 and most recently in June. Mr. Stephens may be in the need of a Michigan Alcohol Treatment Center.
Trooper Sarah Frey stopped Christopher A. Knox, 32, of 5138 Ohio 18, Wakeman, at 6 a.m. Dec. 21 on Ohio 60 in Clarksfield Township. Knox was charged with DUI and failure to control.
Knox was southbound on Ohio 60. He told the trooper he swerved to miss a deer, went off the right side and hit a ditch. Knox wasn't injured. A Benton Harbor Car Accident Lawyer said deer are often the cause of car accidents.
The driver, who has a prior DUI conviction from 2002, had a breath test with a blood-alcohol content level of .117 percent, according to the patrol. The legal limit for drivers in Ohio is .08 percent.
Most recently, Trooper Eddie Lopez stopped Paul E. Tackett, 45, of Bucyrus, at 4:56 p.m. Christmas on Ohio 99 in Peru Township. Tackett was charged with DUI, left of center and failure to reinstate his driver's license. Some drunk drivers end up attending a Michigan Drug Detox Center.
Tackett and Stephens refused to submit to any sobriety tests during their respective traffic stops, troopers said.
Troopers with the Norwalk post of the state Highway Patrol stopped three suspected drunken drivers over several days. According to a Berrien County Car Accident Lawyer the holiday's often have more drunk drivers on the roads.
Oberlin resident Jimmie D. Stephens, 45, was stopped by Trooper Kori Robinson at 11:17 p.m. Dec. 20 on Ohio 18 in Wakeman. Stephens was charged with driving under the influence, left of center, a DUI-related driving with a suspended license and a seatbelt violation. A Kalamazoo Car Accident Lawyer says that drunk driving often is the cause of serious injuries in accidents.
He has six prior DUIs. Patrol records indicate those convictions were from 1991, 2001, 2004, two in 2006 and most recently in June. Mr. Stephens may be in the need of a Michigan Alcohol Treatment Center.
Trooper Sarah Frey stopped Christopher A. Knox, 32, of 5138 Ohio 18, Wakeman, at 6 a.m. Dec. 21 on Ohio 60 in Clarksfield Township. Knox was charged with DUI and failure to control.
Knox was southbound on Ohio 60. He told the trooper he swerved to miss a deer, went off the right side and hit a ditch. Knox wasn't injured. A Benton Harbor Car Accident Lawyer said deer are often the cause of car accidents.
The driver, who has a prior DUI conviction from 2002, had a breath test with a blood-alcohol content level of .117 percent, according to the patrol. The legal limit for drivers in Ohio is .08 percent.
Most recently, Trooper Eddie Lopez stopped Paul E. Tackett, 45, of Bucyrus, at 4:56 p.m. Christmas on Ohio 99 in Peru Township. Tackett was charged with DUI, left of center and failure to reinstate his driver's license. Some drunk drivers end up attending a Michigan Drug Detox Center.
Tackett and Stephens refused to submit to any sobriety tests during their respective traffic stops, troopers said.
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