ADAM IS WELL KNOWN FOR HIS TENACIOUS APPROACH TO CHALLENGING IMPAIRED DRIVING CHARGES AND HE HAS ENJOYED TREMENDOUS RESULTS FOR HIS CLIENTS.
Toronto man facing DUI charges after stop in Caledon
On Thursday, July 27, at approximately 4:05 p.m., members from the Caledon detachment of the OPP were notified of a possible impaired driver on Humber Station Road near Patterson Side Road.
An officer located the suspect vehicle, a grey 2004 Chevrolet Avalanche, and conducted a traffic stop with the vehicle. While speaking to the driver, the officer determined that his ability to operate a motor vehicle was impaired by the consumption of alcohol and arrested him accordingly.
Pawel P. Logwiniuk, 55, of Toronto was charged with the following criminal offences: driving a motor vehicle while ability impaired by alcohol, driving with more than 80 milligrams of alcohol in 100 millilitres of blood, having care or control of a motor vehicle with liquor readily available, and possession of cannabis — under 30 grams.
The accused is scheduled to appear before the Ontario Court of justice on Aug. 16 to answer to the charges.
DUI driver sentenced to 16 years for crash that killed Lyft driver
A drunken driver who crashed into a Lyft car, killing the driver and badly injuring three passengers on a San Diego freeway two years ago, was sentenced Thursday to 16 years in state prison.
Steven Quintero, 26, initially was charged with murder for the Oct. 1, 2016 collision that killed Henry Reyes, 41, of Escondido, a dental student and father of a then-2-year-old son.
In the course of two trials earlier this year, jurors deadlocked on murder and gross vehicular manslaughter charges.
The District Attorney’s Office made a deal to not try Quintero a third time in exchange for his agreement to a 16-year prison term.
Reyes’ sister and his three passengers who survived the crash laid into Quintero in court, saying he had shown no regret and was getting off easy.
“You are receiving a slap on the wrist,” Evette Roux, Reyes’ younger sister, told Quintero. “My mother could not participate today because she has not received justice. Steven, it may not be on your record, but in my heart you are a murderer.”
San Diego Superior Court Judge Amelia Meza said she would adhere to the sentencing deal.
Quintero had a 2015 DUI conviction, and Deputy District Attorney Cally Bright said in trial that he was on notice of the dangers of drunken driving.
Deputy Public Defender Suesan Gerard argued that Quintero’s severe learning disability made it unlikely he would have processed that message or formed an intent to drive drunk again.
Moments before the fatal collision, Reyes had pulled to the shoulder of eastbound state Route 94 near 28th Street to help one of his three passengers who was sick.
Quintero, with a female passenger, entered the freeway at a nearby on-ramp and slammed into Reyes’ Kia at an estimated 70 mph. Reyes, who was walking in front of his car, was struck, and died of severe injuries at a hospital.
Quintero and the passenger ran from his car, but were caught nearby.
Three San Diego State University students had called for the Lyft ride home after going out together for drinks downtown.
In court Thursday, the three described the continuing physical and emotional toll the crash has had on them, filling their lives with medical and therapy appointments, pain and nightmares.
“I don’t like to show emotion, I see it as a sign of weakness, but this car crash and the aftermath has broken me,” Jessica Techel, 23, read from a statement.
Sarah Smith, 24, said that night “changed everything about me,” as she was the one who got sick and needed help from Reyes that night.
“I owe my life to that man and I know he is watching over me,” Smith said.
She said she has dealt with survivor’s guilt along with panic attacks, bursts of crying, memory loss and increased irritability.
“I have carried this guilt for entirely too long and today, I’m giving it back to you,” Smith said to Quintero. “You can live with it. I want my life back.”
Kelly Hoffman, 24, said she can’t forget that night, with the sound of crunching metal, shattering glass and the sight of Reyes dying on the ground.
She told the judge she couldn’t believe that a learning disability could be used as a defense in someone’s second DUI case.
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Friends and family members hugged, keeping vigil outside John Muir Medical Center in Walnut Creek for two young women badly injured in a terrible car crash early Sunday morning. The crash killed two 18-year-old men who were also riding in the car.
“Everyone needs to be held up in prayer,” said the driver’s cousin, Anisha Hackney. “Sending good thoughts. Can’t imagine what pain families are experiencing right now.”
Hackney’s 18-year-old cousin, Ramya Ramey from Antioch, was driving the car. The CHP says it plunged off a connector ramp from eastbound Highway 24 to northbound Interstate 680.
The car was reduced to a twisted piece of metal.
“It’s my understanding this was Mya’s core group of friends,” Hackney said.
The CHP says Ramey suffered major injuries in the crash and is now facing serious charges. Her family disputes the fact that the recent graduate from Deer Valley High School was driving drunk.
“No toxicology reports have come back,” said Hackney. “We don’t know what occurred.”
“This is an underage drinking and driving collision which could have been prevented,” said a CHP spokesperson. “Just an awful situation for everybody.”
Prisma Rodriguez-RamirezAdams County District AttorneyPrisma Rodriguez-Ramirez
Rodriguez-Ramirez was convicted by a jury in March of the two felony charges.
At about 11:30 p.m. on Dec. 30, Rodriguez-Ramirez was driving a black Land Rover SUV near East Colfax Avenue and Nome Street when she hit 36-year-old Antonio Colson who was crossing the street with his wife. Colson died of his injuries. His wife was not injured.
Rodriguez-Ramirez sped away, but turned off her headlights and returned to the scene, according to a news release. “She claimed to not know she had hit anyone, but the impact was so hard it
caused Colson to fly 60 feet into the air, broke one of her headlights and crushed her car door,” prosecutors said.
Rodriguez-Ramirez had been drinking beer and tequila. She had a blood alcohol content of 0.172.
In imposing the maximum 12-year sentence, Quick questioned whether Rodriguez-Ramirez had taken responsibility for her actions, the news release said. Quick noted that after her arrest, Rodriguez-Ramirez told police she didn’t want to spend New Year’s Eve in jail.
Families of victims killed in DUI crashes rally in support of bill calling for increased penalties
Fifteen Pennsylvania familes held photos of family members killed in DUI-related crashes in the state capitol Tuesday in support of Senate Bill 961, which seeks to increase penalties for repeat DUI offenders.
The families shared their stories of how their loved ones’ lives were cut short due to the poor choices made by drivers who were under the influence, many of which who were repeat offenders.
One of the family members referred to vehicles operated by drunk drivers as “4,000-pound weapons.”
Another woman, Kelly, talked about her nephew Zachary Gonzalez. He was 15 years old when he was killed by a driver under the influence of drugs. Gonzalez was riding his bike at the time.
“We had custody of Zachary because his father was killed when he (Zachary) was 3 years old by a drunk driver crossing the street,” Kelly said. “A small family of four, two lost, by others’ choices to drive impaired.”
Senate Bill 961 would make the following changes to existing laws:
A felony penalty for a third DUI within 10 years if the third offense involves a blood-alcohol content of .16 or higher, and in all other cases after the fourth offense
Increased penalites for homicide by vehicle while DUI, which is currently a 3-year minimum.
If convicted of a prior DUI, the minimum setnence for causing death would be 5 years.
If convicted of two or more prior DUIs, the minimum sentence for causing a death would be 7 years.
Increased penalties for driving while under a DUI-related license suspension.
According to PA Parents Against Impaired Driving, repeat DUI offenders are responsible for approximately 40 percent of all DUI-related fatalities, and there are over 50,0000 new DUI cases in the state annually.
“The purpose of this law is so that no other families will have to stand here holding a picture .. with their loved one’s photo,” said Sen. John Rafferty. “We have drawn the line and said ‘no more is this going to continue in the Commonwealth of Pennsylvania.'”
Lawyer blew over the limit, but he beat a drunk driving charge because police arrested him in his doorway
TORONTO — A prominent Ontario criminal lawyer who was driving a pickup truck that a 911 caller reported was swerving all over a major highway has been cleared of drunk driving charges because police violated his Charter rights by arresting him a few minutes later inside the doorway of his house.
All this happened within a few minutes of a 911 call to report that Irving’s black Ford pickup was driving erratically on a nearby highway.
Peel Regional police officers responded promptly, but botched the arrest, according to Justice George S. Gage. With one officer demanding he come to the door, and holding a foot in the threshold to prevent it closing, and as many as five other officers on the front step, Judge Gage found Irving was illegally “coerced by the state from the safety and privacy of his library into the scrutiny of the officers on the front porch.”
This was a violation of his Section 8 Charter right to be free from unreasonable search and seizure, and it means the blood alcohol readings that later showed him too drunk to drive were excluded from evidence, and so the charge failed.
Nevertheless, the judge decided that it was in fact him who was driving the truck just a few minutes earlier. His lawyer acknowledged this is true, but said Irving had not drunk any alcohol at the time.
“He’s a lawyer himself and he knows better what would be the consequences of driving impaired on the 401 (which leads from Toronto to Brampton via the 410) in the middle of the day, or broad daylight. It’s blatant,” Shahid Malik said in an interview. He called it a “very fair decision,” reflecting that Irving’s constitutional rights were violated in his own home.
Driver charged with DUI after falling asleep at gas station
The Rapid City Police Department charged a Rapid City women with DUI on Monday afternoon after she was found sleeping in her running car at a gas station.
Katherine Thompson, 33, was found unconscious in the idling car around 3:30 p.m. near the Mobile gas station pumps at 3851 Eglin St. in Rapid City. Witnesses say Thompson had been there for more than an hour, according to a press release from the police department.
Police found the doors to the vehicle locked and attempted to knock on the windows to wake the driver. The driver eventually woke up and opened the door. Police noted the strong smell of an alcoholic beverage and the driver could not stand without assistance.
Upon further investigation, police located an open alcohol container in the vehicle, and Thompson was place under arrest for DUI and open container in a motor vehicle.
Authorities have charged Shane Learn, 48, of Toronto, Canada, with homicide by vehicle while driving under the influence and related offenses stemming from a crash last month that injured two and left a Northampton man dead.
A husband and wife from Northampton planned to have a few drinks while out at Parx Casino in Bensalem last month, according to Bucks County prosecutors.
So rather than drive themselves, they arranged to take a Lyft ride.
They never made it to their destination.
Shortly before 7 p.m. April 28, Bensalem police say a Ford F-150 pickup slammed head-on into the Chevrolet Malibu that had picked them up.
Neil Weiner, his wife Audrey Shapiro, and Lyft driver Daniel Weingart were rushed to Jefferson-Torresdale Hospital in Philadelphia where Weiner, 57, died May 1.
Now authorities have charged the driver of the pickup truck, Shane Learn, 48, of Toronto, Canada, with homicide by vehicle while driving under the influence and related offenses, court records show.
In an affidavit of probable cause, police said Learn’s truck struck the guardrail in the 4000 block of Richlieu Road and then crossed the double-yellow line into the opposite lane of travel where it collided with the Malibu heading south.
Police responding to the scene said Learn had “bloodshot, glassy and watery eyes” and his breath smelled like alcohol. He allegedly failed two field sobriety tests as well as a breathalyzer test.
According to police, Learn told them he drank two beers and a double whiskey drink prior to driving, allegedly stating, “It was my fault. I crossed the line.”
“It’s a shame,” said Deputy District Attorney Robert James. “Two people doing exactly what they’re supposed to be doing … It doesn’t matter. You have someone driving drunk who hits them anyway.”
Weingart was not seriously injured in the crash, James said, but Shapiro was still hospitalized as recently as Monday. She has lost an eye as a result of the crash and may be permanently blind, he said.
For a fatal DUI, James said Learn’s alleged blood-alcohol level, .13 percent, was on the low end of cases he’s charged, with some defendants’ BACs more than double that number.
“It just goes to show you, impaired is impaired,” he said.
Learn, who has been living and working in the Bensalem area, has been cooperating with investigators and turned himself in to police Tuesday, James said.
He was sent to Bucks County prison in lieu of 10 percent of $300,000 bail set by District Judge Michael W. Gallagher during a Monday afternoon arraignment, records show. A preliminary hearing is tentatively set for May 16.
Weiner was a father of two, managed his own printing business and brought laughter to everyone he knew, according to an obituary.
As people head outside to celebrate the unofficial start of summer, the Department of Transportation and statewide law enforcement agencies will increase patrols and utilize DUI checkpoints this weekend for the Memorial Day DUI enforcement period. Starting tomorrow, May 25, and running through Tuesday, May 29, almost 100 agencies will participate in The Heat Is On enforcement.
Motorists are encouraged to plan ahead for a sober ride to and from their holiday festivities.
Preliminary data indicates that of the 193 statewide roadway fatalities so far in 2018, 36 percent (69) involved impaired drivers.
During last year’s Memorial Day weekend enforcement period, 98 law enforcement agencies cited 332 motorists for DUI. The increased patrols aim to crack down on impaired drivers over the holiday weekend, when activities such as concerts, barbeques and graduation parties commonly involve alcohol consumption.
The Heat Is On isn’t the only special enforcement effort underway. The annaul statewide Click It or Ticket seat belt enforcement campaign is in effect through June 3. In a coordinated effort between CDOT, CSP and 80 statewide law enforcement agencies, the high-visibility seat belt enforcement began May 21. Learn more about CDOT’s seat belt campaign at codot.gov/safety/seatbelts-carseats.
“Last May, 25 people were killed on Colorado roads in impairment-related crashes. That accounted for nearly 50 percent of all road fatalities that month and the third highest total of any month in 2017,” said Darrell Lingk, Director of CDOT’s Office of Transportation Safety. “With warmer summer months ahead, CDOT hopes drivers make plans for a sober ride home before heading out to parties and events where they will consume alcohol.”
The Heat Is On campaign recently completed a five-week spring DUI enforcement period, which totaled 1,850 DUI arrests from 95 law enforcement agencies. This was a decrease from the 1,958 arrests during the same enforcement period last year. The Colorado Springs Police Department (199), Denver Police Department (175) and Aurora Police Department (128) recorded the highest arrest totals.
“Driving under the influence of alcohol, marijuana or other drugs significantly impairs a person’s ability to drive,” said Col. Matthew Packard, Chief of the CSP. “Consuming any amount of alcohol or other drugs can cause impairment. If you are ever unsure if you are safe to drive, always opt for a sober ride home — you could save lives.”
The CDOT Highway Safety Office provides funding to Colorado law enforcement for impaired-driving enforcement, education and awareness campaigns. The Heat Is On campaign runs throughout the year, with 14 specific high-visibility impaired-driving enforcement periods centered on national holidays and large public events. Enforcement periods can include sobriety checkpoints, saturation patrols and additional law enforcement on duty dedicated to impaired-driving enforcement.
Baby fatally struck by car in Ontario domestic dispute; mother arrested
A 7-month-old baby died after being hit by a car during a domestic dispute in Ontario, and the child’s mother has been arrested on suspicion of DUI causing her child’s death.
Officers responded to a domestic dispute call at about 11:40 p.m. Monday in the 500 block of W. D Street.
Ontario police said a young mother, later identified as 19-year-old Sarah Gomez, and her boyfriend were having an argument inside a vehicle until the boyfriend stepped out with the couple’s child.
Soon after, the mother, in the driver’s seat, struck the man, who was holding their baby girl in his arms, police said.
The child was transported to a nearby hospital with life-threatening injuries and later died. The 21-year-old boyfriend was transported with abrasions that were not life-threatening, police said.
“I believe, at this time, that the father and the child were either at the side of the car or at the back of the car, I’m not sure. It did happen near the apron of the driveway and getting into the street area,” said Ontario PD Sgt. Jeff Higbee.
Neighbors near the family’s home said they were in shock to hear about the tragedy. Edith Ramirez said the couple was very attentive to their daughter, especially the child’s father.
Next-door neighbor Sandra Rodriguez said she can’t imagine what the family is going through
“He is a very good father, yeah. I saw when they came, he was always carrying the baby. This is really, really sad,” she said.
She was brought to West Valley Detention Center and was being held on $100,000 bail.
Police said it was not yet clear whether the strike was intentional but learned the couple had possibly been drinking at a family gathering prior to the incident.
