ADAM IS WELL KNOWN FOR HIS TENACIOUS APPROACH TO CHALLENGING IMPAIRED DRIVING CHARGES AND HE HAS ENJOYED TREMENDOUS RESULTS FOR HIS CLIENTS.
Florida man dials 911 to report his own drunk driving
The Associated Press
Published Saturday, January 6, 2018 2:46PM EST
Last Updated Saturday, January 6, 2018 2:48PM EST
WINTER HAVEN, Fla. — Florida authorities are sharing the details of an unusual 911 call on New Year’s Eve, from a man who said he wanted to report himself drunk-driving.
Polk County Sheriff’s officials say the dispatcher kept him talking while directing officers to the scene.
When the dispatcher asked Michael Lester where he was, he said, “I’m too drunk. I don’t know where I’m at.”
And when she asked what he’d been doing all night, he said “I don’t know, driving around, trying to get pulled over, actually.”
“I’m driving on the wrong side of the road,” he said later.
The operator repeatedly urged him to park his truck and wait for officers to find him. Unfortunately, he chose the wrong spot.
Mom driving with baby arrested for DUI and peeing on a cop
A Florida mom suspected of driving drunk with a baby in the back seat was also accused of urinating on an officer during her arrest.
Nichole Nespolini, 40, of Melbourne, was arrested Monday after rear-ending another car at an intersection in Melbourne, where Nespolini then pleaded with the motorist not to notify police, Florida Today reported.
When cops arrived on the scene, Nespolini walked into traffic and began pushing an officer in the chest and stood on her toes at one point to yell in an officer’s face, according to an arrest report.
Then, as three cops started putting Nespolini in handcuffs, she said, according to the report: “I’m peeing and I hope it gets on you!”
Nespolini then started urinating on an officer’s foot before kicking another cop in the groin as she was taken into a police cruiser. Officers at that point discovered a baby secured in a child seat in the back seat of Nespolini’s car.
The father of the child responded to the scene to pick up the baby as Nespolini was taken to a hospital before being taken into custody at the Braved County Jail. She remains in custody as of early Thursday on $18,500 bond, jail records show.
Nespolini is facing charges of driving under the influence, DUI with property damages, child neglect, resisting an officer with violence, resisting an officer without violence and battery on a law enforcement officer.
A Gainesville man was arrested Saturday for causing a multiple-car crash while driving under the influence before leaving the scene of the crash, according to a GPD report.
Police said Jeffery Wayne York Jr., 28, of 840 NW 55th St., was driving while intoxicated early Saturday morning when he crashed his car into the rear-end of another vehicle, which caused that vehicle to hit the rear-end of another car.
Both victims contacted the police, and York began arguing with both parties before leaving the scene, the report said.
Police were able to use a license plate number provided by one of the victims to locate York at his residence.
Police said York admitted being involved in the crash and to leaving the scene before taking part in a field sobriety tests in a nearby parking lot.
York also gave breath samples that registered .241 and .242, which is more than three times the legal limit in Florida.
York was charged with a DUI involving damage to property and with leaving the scene of an accident. He was taken to the Alachua County jail where he was released Saturday on his own recognizance.
Woman unfit to care for horse after DUI while riding
by THE ASSOCIATED PRESS
Posted Dec 30, 2017 2:17 pm EST Last Updated Dec 30, 2017 at 3:00 pm EST
BARTOW, Fla. – A Florida judge says a sheriff’s office must retain custody of a horse whose owner was charged with drunken driving while riding the animal.
In a report by The Ledger , Polk County Judge Sharon Franklin said 53-year-old Donna Byrne was unfit to care for the horse. Franklin also said Byrne must complete treatment for alcohol addiction.
Byrne was arrested Nov. 2 after riding her horse down a highway. Police said her blood-alcohol level twice Florida’s legal limit.
Byrne’s attorney, Craig Whisenhunt, says he will revisit the custody issue at a Jan. 11 hearing regarding additional pending charges of disorderly intoxication, animal endangerment and culpable negligence.
Whisenhunt questions whether the charges applied to Byrne, saying she had not been disorderly and was a pedestrian under the law.
___
Information from: The Ledger (Lakeland, Fla.), https://www.theledger.com
Most people who get more than one DUI do not get arrested while awaiting the outcome of their first offense.
However, a small but persistent group of habitual offenders remain.
At least 1,400 people were charged with more than one DUI in Pennsylvania outside of Philadelphia in 2016, according to an analysis of court records conducted by The Sentinel.
Nearly 100 of those people were charged with more than two, The Sentinel found.
Each time they get behind the wheel intoxicated, the outcome can be catastrophic.
“It truly can cause some of the most horrific crashes and deaths,” said David Drumheller, traffic safety resource prosecutor for the Pennsylvania District Attorney’s Association. “You can be out with your family driving home from the movies completely law abiding, and next thing you know you’re hit by a drunk driver and your life is changed as you know it.”
In recent years, a new approach to dealing with intoxicated driving has begun to take hold.
Traditional methods focus on the driving aspect of impaired driving by doing things like revoking a person’s driver’s license or requiring the driver to install an ignition interlock that tests for alcohol on the driver’s breath before allowing the vehicle to start.
In some areas, the focus has shifted to the other part of the equation — drinking.
Orléans trucker charged with drunk driving on Highway 401
It’s a wonder that an Orléans trucker nabbed by the OPP’s traffic patrol didn’t kill anyone.
Sgt. Kerry Schmidt, who mans the OPP’s highway safety division Twitter account, reported Sunday that the unnamed 29-year-old had been spotted behind the wheel of a fully-loaded transport truck that was slowing traffic, weaving and cutting off other vehicles on Highway 401 in Toronto.
Retired Ontario Provincial Police Commissioner Chris Lewis likely spoke for everyone else on the road when he tweeted a succinct question: “How many innocent lives jeopardized by this complete moron???”
Justin Bieber’s head of security arrested for DUI after crash injures cops
Justin Bieber’s head of security Mikey Arana has been arrested for driving under the influence (DUI) after a car crash that injured two Florida police officers on Thursday. The Miami-Dade County Police officers’ injuries meant they were taken into hospital, with one having to be airlifted. Both have now been released from the hospital, police officials confirmed on Twitter.
Driving under the influence of Marijuana Defence Lawyer in Kitchener
Due to the severe and harsh punishments handed out to Kitchener DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable impaired driving lawyer.
Driving under the influence of Marijuana DUI Laws in Kitchener, Ontario
The Criminal Code considers impaired driving as a criminal offence. The penalties for impaired driving are strict in Kitchener and accross Ontario. When it comes to driving under the influence of alcohol, the laws are clear, and the punishments involved are high. However, for driving under the influence of marijuana in Kitchener and Ontario, things are a bit different. Although the law relating to drug impaired-driving is strict, the process is different and there is room for being safeguarded against the punishments involved.
Notably, for you to obtain protection against the penalties arising out of a drug-impaired driving charge, it is necessary that you hire a reputed Kitchener DUI lawyer. We are a renowned DUI law firm in Kitchener, Ontario and we are highly experienced at defending clients against drug impaired driving charges.
Approved Testing for a Marijuana DUI in Kitchener, Ontario
In the case of impaired driving under the influence of alcohol, the police can ask you to undergo a breathalyzer test to determine your DUI blood alcohol level. However, for marijuana DUI the process is a little different. The police may look for signs that would help them determine that the driver is under the influence of marijuana and soon the police will have a newely approved testing device specifically for detecting marijuana.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Kitchener
Common Signals That Justify a Marijuana DUI in Kitchener, Ontario
The signs that may determine the influence of marijuana when a driver is flagged down include; driving too slow, driving erratically, slurred speech, bloodshot eyes, glassy eyes, impaired cognitive function, impaired motor skills and the smell of marijuana in the vehicle.
How Kitchener Police Will Determine if a Driver is Driving Under the Influence of Cannabis
The Criminal Code empowers the police officials to investigate possible marijuana DUI offences. The police can seek permission to demand a suspected driver for completing a Standardized Field Sobriety Test. It includes a physical conditioning test, which allows the officer to look for signs of impairment.
Driving under the Influence of Cannabis and The Drug Driving Limit of Cannabis in Kitchener
Getting charged with a DUI offence in Kitchener or Ontario can be a crushing experience. Apart from receiving harsh punishments that may transpire into heavy fines and possible jail time, you may end up with a criminal record. However, driving under the influence of alcohol is a little bit different from driving under the influence of cannabis. For instance, there is no drug-driving limit of cannabis. Nevertheless, the police officials can ask the driver to undergo the Standardized Field Sobriety Test, as the breathalyzer test may not prove to be accurate in the case of cannabis usage.
Defending Driving and Cannabis Charges in Kitchener, ON
The laws in Ontario and Kitchener governing DUI offences are some of the strictest in the entire country. There is a strict policy governing DUI offences in Kitchener, Ontario. Driving and cannabis usage is considered a criminal offence under DUI laws with the same penalties and punishments as those in alcohol related DUI. Defending a cannabis DUI offence may take a different approach than that of an alcohol related DUI offence. Your lawyer will have to build up a defence identifying the flaws on the charge against you which could include pointing out technical mistakes made by the police officials. This is why it becomes necessary for you to hire a relentless Kitchener DUI lawyer to guarantee that you receive efficient representation in the court of law. We will assess your case and put our best foot forward to defend you in court and protect you against any penalties relating to the impaired driving offence.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
How We Helpour experience is your advantage
The initial in-person consultation to discuss your legal matter is FREE. The consultation is a personal meeting with Adam Little, and not an Associate. This is perhaps the most stressful time of a person’s life and thus there is no time limit to the meeting. Our experience includes a wide range of criminal and quasi-criminal litigation with a strong focus on impaired driving offences. When you come in and visit us we will evaluate your case and we will take whatever time is necessary to carefully review and discuss your criminal matter in a professional environment.
Greater Toronto Defence Laws On DUI That You Need to Know
Due to the severe and harsh punishments handed out to Greater Toronto DUI offenders charged with impaired driving, it is always advisable to contact an experienced and reliable DUI lawyer.
What You Need To Know Regarding The Laws For DUI in Greater Toronto, ON
The DUI laws in Greater Toronto are very clear. Section 253(1) states that everyone commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not.
There are two sides to this. The first instance is where alcohol or a drug impair the person’s ability to operate the vehicle, vessel, aircraft or railway equipment. The second instance is where one has consumed so much alcohol that its concentration in his/her blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.
Over the years, DUI offences have constituted the bulk of criminal cases on trial in the courts in Greater Toronto or Ontario. As experienced DUI attorneys, we have consistently defended our clients on DUI charges by challenging the Crown on highly technical grounds. Our defences are mostly inclined to police violations of Sections 8, 9 and 10(b) on the Charter of Rights and Freedom.
Further Greater Toronto Laws on DUI That You Need to Know
The most heavily litigated criminal cases in Greater Toronto, ON are related to DUI laws. However, the proof for impaired driving and later conviction is largely based on the observation of eye witnesses and the investigating officer. While proof of an over 80mg offence entails taking a breath sample or blood sample to measure the level of Blood Alcohol Concentration (BAC), it can be more complex in the case of impaired driving due to the intake of drugs. In this case, an evaluation performed by a a Drug Recognition Expert and drafting of reports is required to pin charges on the accused.
Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Greater Toronto
What is Required To Justify a DUI Offence Under Greater Toronto DUI Laws
The essential elements for proof of offence under the laws of DUI include time and date, jurisdiction and the identity of the accused. In addition to this, there are laws under section 253(1) (a) which says that an officer can detain an accused on reasonable suspicion that there is alcohol or drugs in his/her body and that the accused was operating or in care or control of the vehicle. The officer also has to prove beyond a reasonable doubt that the accused had an impaired ability to drive at that time and that alcohol or drugs caused the impairment.
Additional Proof Required To Justify a DUI Arrest Under Greater Toronto DUI Laws
This section is similar to the previous section, where the essential elements of proof of offence for laws of DUI include time and date, jurisdiction and identity of the accused. However, section 253(1) (b) under laws for DUI is based on the situation where the Blood Alcohol Concentration (BAC) of the accused is over 80. The intricacies of the law demand that each sample of the blood is taken as soon as the offence is committed and the first sample should not be taken later than 2 hours after the incident. There should be an interval of at least 15 minutes between samples. The samples have to be taken directly into an approved instrument handled by a qualified technician whose admission will be later admissible in court.
DUI Defence Law Strategies Used in Greater Toronto Courts
For first time offenders, getting pulled over under DUI laws can be traumatising. However, you are presumed to be innocent until proved guilty and it is the duty of the Crown to establish that. Notably, a motorist stopped or detained raises several charter issues. There is s.9 (arbitrary detention), s.10 (a) (right to be informed of the reason why) and s.10 (b) (the right to counsel). In most case, since the officer may have no warrant then a defence may be obtained based on unreasonable search and seizure (s.8).
There is also s.11 (b) which is the right to be tried within a reasonable time and the entitlement to full disclosure (s 7, fundamental justice).
Contact Us Today To Understand Which Greater Toronto DUI Defence Laws Apply To Your Case
We have the knowledge and expertise to present your case at trial and ensure that you receive a proper ruling and avoid any unnecessary DUI penalties. By contacting us, you are assured to obtain the most reliable DUI lawyers in Greater Toronto, Ontario for DUI defence law with multiple success records to show in these types of cases. We fight DUI charges on a constitutional background and investigative lapses on the part of the prosecutors. Get in touch with us immediately if you’ve been charged with a DUI offence. Time is very crucial in these cases so don’t be hesitant. Give us a call for more information and a free consultation.
Adam Little received his LL.B in 2006 from Osgoode Hall Law School and has lectured at numerous educational conferences for the Law Society of Upper Canada and for the Criminal Lawyers’ Association of Ontario. Mr. Little's exceptional knowledge of the law as it pertains to driving related offences has been observed at the highest levels of court in Canada. Mr. Little has conducted both trials and appeals, at all levels of court in Ontario. Watch the video below as Adam carries out an appeal at the Supreme Court of Canada.
How We Helpour experience is your advantage
The initial in-person consultation to discuss your legal matter is FREE. The consultation is a personal meeting with Adam Little, and not an Associate. This is perhaps the most stressful time of a person’s life and thus there is no time limit to the meeting. Our experience includes a wide range of criminal and quasi-criminal litigation with a strong focus on impaired driving offences. When you come in and visit us we will evaluate your case and we will take whatever time is necessary to carefully review and discuss your criminal matter in a professional environment.
Norwegian billionaire tobacco heiress given $38,750 drunk-driving fine
A 22-year-old Norwegian student has been handed a 250,000-kroner ($38,750 Canadian) fine for drunken driving — but can still count herself lucky. Katharina G. Andresen is reportedly Norway’s richest woman, a tobacco heiress with a fortune estimated by Forbes at $1.57 billion. Fines for drunken driving in Norway are based on the defendant’s income. Newspaper Finansavisen reported that Oslo City Court said the penalty could have been up to 40 million kroner ($6.2 million) if based on Andresen’s assets.
