ADAM IS WELL KNOWN FOR HIS TENACIOUS APPROACH TO CHALLENGING IMPAIRED DRIVING CHARGES AND HE HAS ENJOYED TREMENDOUS RESULTS FOR HIS CLIENTS.
Toronto man charged with DUI homicide in Bensalem
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.
Man Accused in Fatal DUI Crash That Killed Aurora Girl Gets 13 Years In Prison
A man from Aurora has been sentenced to 13 years in prison for a drunken driving crash in the city that killed Katie Jonak, aged 9 of Aurora back in 2016.Anthony S. Potochney, aged 26, was sentenced by Kane County Associate Judge Linda S. Abrahamson on Thursday.Potochney had pleaded guilty to three counts of aggravated DUI, one Class 2 felony and two Class 4 felonies and failure to stop after an accident involving personal injury or death, a Class 4 felony on Oct. 27, 2017.
Jody Gleason, Kane County First Assistant State’s Attorney and Christine Bayer, Kane County Assistant State’s Attorney stated in court that Katie Jonak was riding in a left side rear passenger seat of a minivan driven by her mother,after 9 p.m. Oct. 7, 2016, according to a press release from the Kane County State’s Attorney’s Office.
At approximately 9:12 p.m., the minivan was northbound on Broadway south of Pierce Street in Aurora when the 2003 Cadillac Deville that Potochney was driving on southbound Broadway crossed into the northbound lane, according to the release.Katie’s mother tried to avoid the Cadillac, but Potochney struck the left side of the minivan and when his vehicle came to a stop, Potochney ran away from the scene.The girls were on their way home from a play rehearsal when the accident took place.
Katie was pronounced dead after a short time at the hospital and was unresponsive when medics arrived at the spot. One of the other children in the vehicle was hospitalized for a bruised lung and other injuries. Another child was hospitalized with a broken bone.Potochney was taken into custody shortly thereafter by Aurora police, and the police noted the odors of marijuana and alcohol on him. As per the investigation,Potochney’s Cadillac was traveling at around 75 mph in a 35 mph zone moments before impact. Potochney’s blood sample drawn 4½ hours later at the hospital revealed a blood-alcohol concentration of .193 which is more than twice the legal limit as well as the presence of marijuana.
Potochney admitted to police that he had consumed six beers, four rum drinks and smoked marijuana the evening of the crash and faced penalty for drug driving among others.
Las Vegas lawyer who defends DUI cases facing own DUI charge
A Las Vegas attorney who often defends drunken driving suspects is facing a bench trial after being arrested on suspicion of driving under the influence.
The Las Vegas Review-Journal reports 56-year-old John Leo Duffy was arrested March 3 and a bench trial for him is scheduled for July 9.
According to a criminal complaint, Duffy was booked into the Clark County Detention Center and later charged with DUI and failure to maintain a lane.
Duffy was released on his own recognizance.
Because Duffy works closely with the vehicular crimes unit of the county district attorney’s office, the Nevada Attorney General’s Office has been asked to handle the prosecution of the case.
A county commission is scheduled to vote Tuesday on handing the case to the state AG’s Office.
Personal Injury Lawyer Caught In Hit and Run Case That Killed Woman
A personal injury lawyer from Miami known for having faced several traffic convictions has been busted on charges of fatally hitting a woman in a crosswalk and then speeding off with his Mercedes-Benz as per reports. Officials said,Tatum Holloway, 26, of Michigan, was slammed into by Marcos Antonio Gonzalez-Balboa, 65, as she was crossing Fairway Drive in Miami Lakes after leaving a McDonald’s about 2:30 a.m. Dec. 7 and the impact sent the young woman flying into the air and landing on a curb.
Gonzalez-Balboa sped away in his silver C-Class Benz, while Holloway was left on the side of the road until a passer-by found her and informed 911 as per Miami-Dade police.His vehicle was found a day after the crash, however the authorities had not been able to connect it to Gonzalez-Balboa, who owns a law firm around 2 miles from the scene of accident.
Holloway’s family filed a wrongful-death lawsuit against Gonzalez-Balboa on Tuesday in Miami-Dade County Circuit Court and sought more than $15,000 in damages to cover medical and funeral expenses. According to the suit, Gonzalez-Balboa was driving recklessly and failed to yield at the crosswalk. The suit also says that the suspect sped off without stopping to help the stricken woman or calling 911.Holloway, a resident of Traverse, Michigan worked as an auctioneer for Park West Gallery and was in the Miami area for business. Park West operates art galleries on cruise ships and holds auctions on board.
According to court records, Gonzalez-Balboa was charged with vehicular homicide, failure to stop at the scene of crash, DUI charges such as DUI manslaughter, failure to render aid and tampering with evidence. The lawyer received around 22 tickets from the year 1993-2013, most of which were dismissed for various reasons, as per reports of the Herald, citing Miami-Dade County traffic court records. However, he was convicted of careless driving in the year 1994, running a stop sign in 1997, speeding in 2005, reckless driving in 2006 and speeding in a school zone in 2010.Gonzalez-Balboa was being held at a Miami-Dade County jail on $150,000 bond. Facts are unclear about whether the disgraced attorney has obtained his own personal injury lawyer.
Blue Jays great Kelly Gruber arrested for drunk driving
Former Blue Jays great Kelly Gruber struck out with cops in Austin when they pulled him over on suspicion of drunk driving.
The legendary third baseman — who won a Golden Glove award in 1990 — was pinched for allegedly driving while intoxicated early Saturday, according to the Austin American-Statesman.
Cops say that the 56-year-old two-time All-Star was pulled over at 2:20 a.m. by Austin police after officers noticed that Gruber’s signal indicator had been on for a while.
The Texas native later was spotted driving 132 km/h — nearly 30 km/h over the speed limit.
Gruber admitted he had been drinking before getting behind the wheel, according to an affidavit.
A member of the 1992 World Series champion Jays, Gruber refused a breathalyzer test, field sobriety test and having his blood drawn.
He was booked into the Travis County Jail and released on $3,000 bail.
Gruber toiled for the Jays from 1984 to 1992 and was the first member of the expansion team to hit for the cycle.
After being traded to the California Angels two months after the World Series win, Gruber was plagued by a slew of injuries. He finally hung up his spikes in 1997 after an ill-fated comeback with the Baltimore Orioles.
In retirement, Gruber has worked as a motivational speaker and holds baseball seminars in Canada and the U.S.
Warrant States, Lawyer Paid $300 Booze Bill At A Bar Before Fatal Crash
Up to 10 percent of lawyers in California are convicted criminals and that’s no joke. In fact, that’s the latest estimate by the agency that licenses them. Out of 190,000 active attorneys in California, around 19,000 may have unreported criminal activity, from drinking while driving crimes to more serious offenses, according to the State Bar of California.For the first time in California, under the plan the state Supreme Court is expected to approve in the coming weeks,all active lawyers will have to have their fingerprints live-scanned or taken the old-fashioned way by April 30 of next year. The prints will be given to the state Department of Justice and previous convictions will be reported to the Bar along with all future arrests.
For several years, the Bar had been counting on attorneys to do the ethical thing and self-report convictions. But that worked out badly.According to information the Bar obtained from court records, during a three-year period recently, at least 32 attorneys were convicted of a felony statewide and only three lawyers came out clean with the Bar.
Bar officials are still figuring out ways about exactly how much they will be able to tell the public about what they learn. Right now, consumers can look up profiles of licensed lawyers online to learn such information as where lawyers were educated and whether they are in good standing. In the future, the Bar may also post information about conviction.
The Bar is chalking out a system that will help officials decide how to prioritize conviction cases, with an eye to how much each case impacts the public, according to spokeswoman Rebecca Farmer.Lawyers will pay $82 on an average in order to cover the cost of the background checks by the state DOJ and the FBI, and for fingerprinting.
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.
Legal Experts Warn About Changes To The Impaired Driving Laws Of Canada That Could Give Far-Reaching Powers To The Police
Police could show up on your doorstep up to two hours after you arrive home in order to collect demand a breath or saliva sample if Canada’s new DUI laws are passed.Calgary defence lawyer Dale Fedorchuk says the proposed law “begs” to be challenged constitutionally and one of the things that concerns him most. Fedorchuk stated that if the law is passed, the officers would have the power to charge someone with impaired driving, even after they have parked their vehicle.The Trudeau government last month introduced sweeping changes that include mandatory roadside breath samples and much harsher penalties for some offences that could result in up to 10 years in prison among other measures.
If the Police have a reasonable suspicion that a driver has drugs in their body they can also demand a roadside saliva sample. The said changes were announced the same day the federal government unveiled its bill to legalize marijuana and are becoming the topic of debate among lawyers, legal experts and victim groups who are lining up to either praise or ban the legislation.Officers can simply demand a test and drivers will have no choice, since refusing to provide a sample is a Criminal Code offence. As per Section eight of the Canadian Charter of Rights and Freedoms “everyone has the right to be secure against unreasonable search or seizure.”
According to Fedorchuk, the proposed law could shift the burden of proof onto an accused. He said for example, that someone who is approached by police at their residence would have to prove they consumed alcohol or drugs at home after they exited their vehicle and were not driving drunk.Calgary police officers appear supportive of the new changes especially the section that drops the requirement that an officer must first have reasonable suspicion before demanding a breath test. Mothers Against Drunk Driving stated the proposed changes are a good first step.
Your Legal Liability if Your Guests Drive Home Drunk
You host a party where there’s food, music, cheering and alcohol. Then a guest, who has had a few drinks, gets into their car and drives home while under the influence. Are you liable to be held responsible if your guest or anyone else gets hurt in an accident? If you are having a party that includes alcohol, you should ensure that everyone who drinks gets home safe with the help of a driver, a cab or a room to lie in after the party is over. In case of bartenders and licensed establishments, there is a clear legal duty to cut out the alcohol if patrons seem intoxicated and to ensure they get home safely but for individuals who throw private parties, the law isn’t clear. However, the risk of legal liability exists and legal responsibilities may be broadening scope wise.
A case in Canada Childs v. Desormeaux, where a woman was paralyzed and her boyfriend killed in a car accident struck by the driver who had been drunk. The woman sued the hosts of a New Year’s party attended by the drunk driver who bought his own alcohol to the host’s home. According to personal injury lawyer Jeremy Diamond, the Supreme Court of Canada concluded that the social hosts do not owe a duty of care to third parties injured by intoxicated guests and added that the case did not determine whether there was a duty of care in other circumstances, such as foreseeability of harm is present for the guests themselves.
In order to reduce the risk of liability there are a few things hosts can do apart from providing accommodation and transportation such as not making drinks the focus of the party, cutting out alcohol well before time, take car keys away from the guests if necessary and avoid guests having serve themselves. Otherwise, with the inclination of the law to change itself according to the need of the hour it appears there would be a time when hosts will have to hire an impaired driving attorney for them in the near future.
Man From Des Plaines With 15 DUI Convictions Accused Of Driving On Revoked License In Hit And Run Crash
Christopher Clingingsmith, aged 52, has been charged with violating the terms of his bond in a pending DUI case as he was driving on a revoked license and possessed a fake ID in a hit and run crash, according to prosecutors. Clingingsmith is a Des Plaines man who has about 15 DUI convictions and a pending DUI case and was involved in a hit and run crash last weekend in Arlington Heights, Cook County on a revoked license. He had been free on a $400,000 bond on the DUI charge and the said bond was revoked at a hearing on Thursday, in Rolling Meadows branch court. Judge Steven Goebel, set bail at $1 million for charges related to the crash. According to the judge, Clingingsmith has the potential to be very dangerous as he has 15 prior DUI’s and was operating a two-ton motor vehicle.
Clingingsmith was involved in a hit and run crash and was arrested in Rolling Meadows after the crash took place early Saturday near White Oak Street and New Wilke Road in Arlington Heights. He faces up to 30 years in prison if he is convicted of the current DUI charge which is a Class X felony. He faced four previous prison sentences for DUI and other convictions according to authorities.
In the pending DUI against him, Clingingsmith was arrested by Arlington Heights police after he fled away from a hit and run crash in Des Plaines in June and crashed into another vehicle on Northwest Highway and Arlington Heights Road and was taken into custody thereafter, as per prosecutors. Clingingsmith’s next court hearing on the DUI case is April 25 in the Rolling Meadows branch court and it appears that no impaired driving defence will be helpful to him looking at all the previous convictions and pending case.
