PULASKI TOWNSHIP, Pa. -- A Lawrence County judge has dismissed a drunken driving case against an Ohio woman, ruling she was too old to take a field sobriety test.
Danniel Weaver, of Youngstown, was 59 when she was cited for DUI following an accident on Route 422 in Pulaski Township in February 2010.
According to court records, a police officer asked Weaver to perform four field sobriety tests. She passed three of them, but failed a test requiring her to stand on one leg.
Team 4 investigator Paul Van Osdol reported that the National Highway Traffic Safety Administration says the one-leg-stand test should not be done on persons over 60.
"The feeling is, if you get to a certain age, that's just not the same kind of indicator of intoxication as it was when you were younger," said John Burkoff, a professor at the University of Pittsburgh School of Law.
In his ruling on the case, Common Pleas Judge Dominick Motto wrote: "Since the tests were not designed for persons above the age of 60, and Ms. Weaver was 59 at the time, and she had just been in a violent automobile collision, the results of Ms. Weaver's single failed field sobriety test should be deemed unreliable."
The police officer also said Weaver had slightly slurred speech and her eyes were "a bit glassy" but the judge ruled that alone was not enough evidence to pursue the DUI case.
Burkoff said the judge's decision does not mean seniors are off the hook if they get behind the wheel, because they can still be given Breathalyzer or blood tests.
"The one impression you shouldn't get is that what the judge was doing was creating some kind of senior discount for DUIs," said Burkoff. "Doesn't exist."
A breath test that was done on Weaver was not submitted as evidence in her case. The reason for that is unclear.
Weaver told Van Osdol that she had no idea that the one-leg-stand test was improper for someone her age.
CAUTION:
AS WE HAVE STATED ON OUR WEB SITES, WE WOULD ALWAYS REFUSE THE FIELD SOBRIETY TESTS. IN OKLAHOMA THEY ARE STRICTLY VOLUNTARY AND ARE DESIGNED FOR FAILURE.
Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
www.EdgeLawFirm.com
John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600,
www.OKDUI.com
Friday, April 22, 2011
Friday, April 8, 2011
JUDGE SHOWS HE IS NOT ABOVE THE LAW
Drunk Judge, Wrapped in Bedsheet, Arrested in Hotel Hallway
By Adam Ramirez on April 6, 2011 5:47 AM | No TrackBacks
A Pennsylvania judge has landed on the other side of the law after police found him (sans robe or gavel) highly intoxicated, naked and wrapped in a bedsheet in a Cumberland County hotel.
Douglas Gummo, a magistrate judge in Huntingdon County, is charged with harassment, disorderly conduct and public drunkenness.
Police said they were called to the Radisson Penn Harris hotel in Camp Hill on April 1 after getting a call from another judge. Police said Gummo had met the other judge at a conference at the Radisson and he was trying to get into her room, WJAC-TV reports.
Gummo made quite a scene outside his fellow judge's hotel room. He really wanted to get in there. She really did not want him to come in.
Gummo was wearing only a bed sheet when he was taken into custody for repeatedly banging on the hotel door, police said, WGAL-TV reports.
Officers wrote in the citation that Gummo admitted to drinking 10 cans of beer and that the victim was "shaken" by the incident and required a police escort back to her room, WJAC-TV reports.
"She refused him admission to her room previously in the evening," a police news release states. "Gummo returned a short period later and beat on her door for approximately 10 minutes and attempted to turn the doorknob. He left and returned on two other occasions beating on the door attempting to gain access."
Huntingdon County court administrators told WJAC-TV on Monday afternoon that Gummo had not been suspended, but that a court order was released stating that other district magistrates would preside over hearings on Gummo's docket.
The woman in the room was identified by police as a magisterial district judge from outside the Harrisburg area, The Patriot-News reports.
Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
www.EdgeLawFirm.com
John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600,
www.OKDUI.com
By Adam Ramirez on April 6, 2011 5:47 AM | No TrackBacks
A Pennsylvania judge has landed on the other side of the law after police found him (sans robe or gavel) highly intoxicated, naked and wrapped in a bedsheet in a Cumberland County hotel.
Douglas Gummo, a magistrate judge in Huntingdon County, is charged with harassment, disorderly conduct and public drunkenness.
Police said they were called to the Radisson Penn Harris hotel in Camp Hill on April 1 after getting a call from another judge. Police said Gummo had met the other judge at a conference at the Radisson and he was trying to get into her room, WJAC-TV reports.
Gummo made quite a scene outside his fellow judge's hotel room. He really wanted to get in there. She really did not want him to come in.
Gummo was wearing only a bed sheet when he was taken into custody for repeatedly banging on the hotel door, police said, WGAL-TV reports.
Officers wrote in the citation that Gummo admitted to drinking 10 cans of beer and that the victim was "shaken" by the incident and required a police escort back to her room, WJAC-TV reports.
"She refused him admission to her room previously in the evening," a police news release states. "Gummo returned a short period later and beat on her door for approximately 10 minutes and attempted to turn the doorknob. He left and returned on two other occasions beating on the door attempting to gain access."
Huntingdon County court administrators told WJAC-TV on Monday afternoon that Gummo had not been suspended, but that a court order was released stating that other district magistrates would preside over hearings on Gummo's docket.
The woman in the room was identified by police as a magisterial district judge from outside the Harrisburg area, The Patriot-News reports.
Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
www.EdgeLawFirm.com
John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600,
www.OKDUI.com
Sunday, March 20, 2011
Dirty DUI Cop
Saw an article on www.sfgate.com this morning that should make most people uneasy. Apparently a Deputy with the Contra Costa County Sheriff's Department in California has been accused of setting up citizens for DUI arrests so he could gain financially. He was discovered after admitting his dirty tactics to other police officers.
The alleged purpose of the DUI setups were to "dirty" up the arrested DUI targets so it could be used against them in non related divorce and other legal cases. According to the article, the deputy was in cahoots with a private investigator. The allegation is that the investigator would hire pretty women to meet up the the target and invite him out for drinks. Then it is alleged that after several drinks, the investigator would tip off the deputy with the location and vehicle type. The deputy would then sit outside the bar awaiting the target. It is alleged that the deputy received financial incentives from the investigator for these DUI arrests.
No one condones drinking and driving but as citizens in a free society, this type of for profit law enforcement can't be tolerated. It is bad enough that some police officers make more money on DUI overtime shifts which are paid for with quota based federal grants than they do from their regular pay check. When we allow the end to justify the means and the means is luring people into bars with pretty women and then "tipping off" a police officer who also has a financial stake in the outcome is just plain wrong.
John Hunsucker
www.okdui.com
Bruce Edge
www.edgelawfirm.com
The alleged purpose of the DUI setups were to "dirty" up the arrested DUI targets so it could be used against them in non related divorce and other legal cases. According to the article, the deputy was in cahoots with a private investigator. The allegation is that the investigator would hire pretty women to meet up the the target and invite him out for drinks. Then it is alleged that after several drinks, the investigator would tip off the deputy with the location and vehicle type. The deputy would then sit outside the bar awaiting the target. It is alleged that the deputy received financial incentives from the investigator for these DUI arrests.
No one condones drinking and driving but as citizens in a free society, this type of for profit law enforcement can't be tolerated. It is bad enough that some police officers make more money on DUI overtime shifts which are paid for with quota based federal grants than they do from their regular pay check. When we allow the end to justify the means and the means is luring people into bars with pretty women and then "tipping off" a police officer who also has a financial stake in the outcome is just plain wrong.
John Hunsucker
www.okdui.com
Bruce Edge
www.edgelawfirm.com
Another cop busted for DUI
Once again, another police official has been arrested for drunk driving. This last friday, a public information officer in Albany, New York was arrested after being seen driving without headlights. Not many details yet but he did refuse to take the state's test. I am speculating that maybe he doesn't trust the machines that they use daily and tout as accurate.
It is unclear which machine was offered for the breath test, but Bruce and I have both been able to obtain false results from our intoxilyzer 8000's (registered trademark of CMI). This may be one of the reasons that CMI refuses to sell the Intoxilyzer 8000 to defense attorneys or our experts as they do not want the machine tested to show it's inaccuracies. (Bruce and I are the only attorneys in Oklahoma that own Intoxilyzer 8000s)
For more information, contact John through www.okdui.com or Bruce through www.edgelawfirm.com
John
It is unclear which machine was offered for the breath test, but Bruce and I have both been able to obtain false results from our intoxilyzer 8000's (registered trademark of CMI). This may be one of the reasons that CMI refuses to sell the Intoxilyzer 8000 to defense attorneys or our experts as they do not want the machine tested to show it's inaccuracies. (Bruce and I are the only attorneys in Oklahoma that own Intoxilyzer 8000s)
For more information, contact John through www.okdui.com or Bruce through www.edgelawfirm.com
John
Monday, March 14, 2011
Oklahoma DUI Arrest crackdown, DUI Under 21
Oklahoma police are cracking down on underage drinking and DUI Under 21's. Fueled with federal grant money, Midwest City Police, Oklahoma County Sheriff's Department, and the Canadian County Sheriff's Department are conducting stings to combat underage dringking and DUI under 21's.
Prom time is generally the time of year that police officials see the most Oklahoma DUI arrests of minors but they are using the grant money to prepare and gear up. In addition to underage stings at establishments that sell alochol, the police agencies are conducting DUI roadblocks. Midwest City, Oklahoma Police conducted a DUI roadblock this last weekend.
Also, local police are monitoring social web sites and talking to school officials and other teenagers to try and locate teen parties and also looking for those violating the social host laws.
Oklahoma DUI under 21 only requires a breath alcohol level of .02 or more so basically any alcohol can cause an illegal reading. Although the authors do not advise anyone under the age of 21 to drink, it is important to realize that only 1 drink can put you over the legal limit. Also, if you have had anything to drink, do not sit in your car and listen to the radio as this can subject to you an Oklahoma APC charge which stands for "actual physical control". An APC in Oklahoma is the same a drunk driving charge or DUI even though you were not drinking and driving.
If you or someone you care about has been arrested for DUI, DWI, APC, or DUI under 21 or you would like more information, contact John Hunsucker if the DUI or APC charge is in Oklahoma County, Cleveland County, or anywhere in Western Oklahoma. John can be reached at 405-231-5600 or visit www.okdui.com . If the DUI or APC charge is in Tulsa County or Eastern Oklahoma, contact Bruce Edge at 1-918-582-6333 or visit www.edgelawfirm.com.
Prom time is generally the time of year that police officials see the most Oklahoma DUI arrests of minors but they are using the grant money to prepare and gear up. In addition to underage stings at establishments that sell alochol, the police agencies are conducting DUI roadblocks. Midwest City, Oklahoma Police conducted a DUI roadblock this last weekend.
Also, local police are monitoring social web sites and talking to school officials and other teenagers to try and locate teen parties and also looking for those violating the social host laws.
Oklahoma DUI under 21 only requires a breath alcohol level of .02 or more so basically any alcohol can cause an illegal reading. Although the authors do not advise anyone under the age of 21 to drink, it is important to realize that only 1 drink can put you over the legal limit. Also, if you have had anything to drink, do not sit in your car and listen to the radio as this can subject to you an Oklahoma APC charge which stands for "actual physical control". An APC in Oklahoma is the same a drunk driving charge or DUI even though you were not drinking and driving.
If you or someone you care about has been arrested for DUI, DWI, APC, or DUI under 21 or you would like more information, contact John Hunsucker if the DUI or APC charge is in Oklahoma County, Cleveland County, or anywhere in Western Oklahoma. John can be reached at 405-231-5600 or visit www.okdui.com . If the DUI or APC charge is in Tulsa County or Eastern Oklahoma, contact Bruce Edge at 1-918-582-6333 or visit www.edgelawfirm.com.
Friday, March 4, 2011
Man Drinks Beer During DUI Arrest
Police in northern Ohio say a man who was asked during a traffic stop
whether he'd been drinking took a swig from an open can of beer and told
the officer, "Yes."
Read more: http://wivb.m0bl.net/r/d3cqt
A unique approach to the question---"Have you been drinking"
whether he'd been drinking took a swig from an open can of beer and told
the officer, "Yes."
Read more: http://wivb.m0bl.net/r/d3cqt
A unique approach to the question---"Have you been drinking"
Friday, February 11, 2011
ZERO Tolerance?
As a Tulsa DUI attorney I wanted to share the following article showing the direction MADD has chosen. They no longer wish to just remove drunken drivers from the road--they plan to prohibit anyone from driving who has any amount of alcohol in their system. This means a person cannot have a sip of champagne to celebrate a special occasion with their meal. A husband and wife cannot share a glass of wine during a special outing-ZERO because they are actively pushing for all cars to be equipped with devices that will disable the vehicle if any amount of alcohol is detected. This is a cost that each person will pay--even those who do not drink in any form because the automobiles will cost more
They are no longer focusing on the problem of impaired drivers-- they are pushing for a national form of Prohibition –a mandate our nation failed at miserably in the past.
People should drink responsibly and not drive if they are impaired. If poor choices are made there is help form a Board certified DUI attorney in Tulsa, Oklahoma
www. EdgeLawFirm.com
www. EdgeDUIDefenseFirm.com
Groups hope to step up efforts against drunken driving
The New York Times
WASHINGTON Deterrence, the tactic of choice against drunken drivers for two decades, is no longer working in the struggle to reduce the death toll, say private and government experts.
Today, they will propose moving toward alcohol detection in every vehicle.
In the first phase, Mothers Against Drunk Driving, backed by a national association of state highway officials and car manufacturers, plans to campaign to change drunken-driving laws in 49 states to require that even first offenders be required to install a device that tests drivers and shuts down the car if it detects alcohol.
Many states already require the devices for people who have been convicted several times. Last year, New Mexico became the first to use them after a first offense. With that tactic and others, New Mexico saw a 12 percent drop in alcohol-related fatalities last year, according to federal figures.
The next step would be a program to develop new devices that would unobtrusively test any driver for alcohol, and disable the car to thwart drunken driving.
About 13,000 people will die this year in car crashes in which a driver was legally drunk.
They are no longer focusing on the problem of impaired drivers-- they are pushing for a national form of Prohibition –a mandate our nation failed at miserably in the past.
People should drink responsibly and not drive if they are impaired. If poor choices are made there is help form a Board certified DUI attorney in Tulsa, Oklahoma
www. EdgeLawFirm.com
www. EdgeDUIDefenseFirm.com
Groups hope to step up efforts against drunken driving
The New York Times
WASHINGTON Deterrence, the tactic of choice against drunken drivers for two decades, is no longer working in the struggle to reduce the death toll, say private and government experts.
Today, they will propose moving toward alcohol detection in every vehicle.
In the first phase, Mothers Against Drunk Driving, backed by a national association of state highway officials and car manufacturers, plans to campaign to change drunken-driving laws in 49 states to require that even first offenders be required to install a device that tests drivers and shuts down the car if it detects alcohol.
Many states already require the devices for people who have been convicted several times. Last year, New Mexico became the first to use them after a first offense. With that tactic and others, New Mexico saw a 12 percent drop in alcohol-related fatalities last year, according to federal figures.
The next step would be a program to develop new devices that would unobtrusively test any driver for alcohol, and disable the car to thwart drunken driving.
About 13,000 people will die this year in car crashes in which a driver was legally drunk.
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