ADAM IS WELL KNOWN FOR HIS TENACIOUS APPROACH TO CHALLENGING IMPAIRED DRIVING CHARGES AND HE HAS ENJOYED TREMENDOUS RESULTS FOR HIS CLIENTS.
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.
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.'”
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.
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.
Things You Need to Know About Your Breath Test Sample if Stopped for a DUI
Stopped for suspicion of driving under the influence of alcohol and given a breath alcohol test? Well, here is all that you need to know:
According to lawyer Ziad Youssef of MyTrafficMan.net the Draeger 9510 is the breath alcohol instrument most commonly used in Washington DUI investigations and like the DataMaster, which is an obsolete instrument, it analyzes breath to help police estimate the level of alcohol in a person’s blood.
According to the prevalent laws in most of the states, the legal limit for breath alcohol has been set at .08, which means that anyone with a breath alcohol level of .08 is assumed to be driving under influence. However, recent developments in DUI defense strategies have created reasons to doubt the results of the instrument. The Draeger 9510 works with the help of software that has yet not been validated by the state. The said software controls the data when the breath alcohol sample is collected. It has sensors that check and record flow rate, volume, breath alcohol level and time to ensure the minimum criteria for a breath sample.
As per the DUI law in Washington, the instrument has to test only the last portion of air exhaled by the driver into the Draeger among other things. Challenging the reliability or accuracy of a Draeger 9510 breath test or its functioning have not resulted in the inadmissibility of the test results which means the hearings officer at a Department of Licensing hearing and the jury in a criminal trial will likely see results and they may consider the challenge in deciding what weight to give the test result. Presenting evidence of an invalid test is critical to successful hearing and may save the driver from DUI penalties since the burden of challenging the weight of a breath test is on the driver.
