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Sep 13 2017

Missoula Man Faces Time After 6th DUI Charge

A man in Missoula was recently charged with a disturbing 6th DUI charge. The man, Taylor Roberts, faced a hearing with presiding District Court Judge Robert Deschamps. The exchanges involved in this court hearing demonstrate just how seriously that judges take a DUI offense, especially one that ranks as the second or more offense. Felony DUI offenses aren’t as common as misdemeanor DUI charges in Montana, so a judge looking at someone who managed to pick up a 6th DUI is exceedingly rare.

The circumstances surrounding the 6th arrest were indeed shocking, both to judges and to police officers in the case. Taylor Roberts was approached while he was intoxicated and starting his car in downtown Missoula. This was after an alert Uber driver noted the intoxicated man getting behind the wheel of a car. Concerned for public safety, the Uber driver alerted the police.

Once on the scene, things quickly escalated. 37-year-old Roberts not only refused to turn off the vehicle but crashed into a parked car just in front of him. Nathan Griesse, the officer on the scene, described trying to open Roberts’s door, only to be bitten by a dog in the back seat. This frightening scene was played out in court thanks to graphic descriptions by the terrified officers.

Still not stopping, Roberts then backed into the parked patrol car behind him. Officer Jerry Odlin was able to finally get Roberts to stop by pepper spraying him. The dog was also pepper sprayed. Serious cases such as this most definitely qualify as “felony DUI” which is much more serious than misdemeanor DUI charges. The result of the hearing was the judge issuing some very strong words for Roberts and making sure that he got more than a slap on the wrist for the offense.

Roberts accepted a plea agreement whereby he admitted a felony DUI charge and also admitted guilt to several misdemeanors: Careless driving, negligent endangerment, and obstructing an officer. The original plea agreement would have put Roberts behind bars for 13 months in the Montana Department of Corrections. That was to be followed by a five-year suspended sentence. The judge had other ideas.

Calling Roberts a “genuine menace,” he retorted, “I mean I might as well give him a hearty slap on the wrist and send him on his way.” Deschamps was shocked by the facts of this case and wanted a harsher penalty for Roberts. His objection was to the area of the plea that called for the total sentence to run concurrently to a sentence in Ravalli County, where Roberts had already received a two-year sentence with the DOC.

What the correction by the judge means is that Roberts will have a total of 10 years probation instead of just 5. Roberts didn’t seem to acknowledge the severity of the situation and stated that he would be leaving Montana as soon as he was out of corrections. The judge snapped back. “You’re not going anywhere until your probation officer says you can.”

This case demonstrates some important facts about DUI cases. Keep in mind that even for a 6th offense DUI, Roberts did not see the significant amount of jail time one might have expected him to receive. His lawyers had plenty of room to question the facts of the case, especially since Roberts was not yet driving when he was approached. This can sometimes reduce the sentence or call into question the DUI in general. While it’s certain that a person with a 6th offense DUI needs to receive jail time, license suspension, and high insurance rates, you’ll notice that the offender did receive less jail time than someone might think one would get for a 6th offense DUI.

As a perpetual offender, the jail time is often gradually increased over time. Websites such as DUIwise help defendants of DUI charges understand how to beat the DUI charges uses the services of lawyers. DUIwise.com contains helpful information about the seriousness of DUI charges and other topics. The purpose? To help people charged with a DUI understand that they DO have legal options.

So often people who are charged with DUI simply give up and plead guilty the day after they’re arrested. This is an unfortunate fact. As good DUI lawyers know, every DUI is unique and contains circumstances that might allow for a dismissal or reduction of the charges. Even in worst case scenarios like those faced by Roberts, an experienced and passionate attorney can step in to make sure that the person who is pleading guilty is treated fairly before the law and given their best chance to avoid another DUI in the future.

Taylor Roberts will face jail time after this 6th charge, but he will eventually be released and given yet another chance to clean up his act. With the help of a good lawyer overseeing his behavior after release, Roberts has a much better chance to meet the terms of his probation and rebuild his life for the better. Alcoholism and problem drinking is a tragedy in any society. Good people quickly become bad people who don’t seem to understand the pain and danger they hand out to society.

A good DUI lawyer like those represented on DUIWise knows how to help their clients not just during the DUI bargaining phase and/or trial but also as they complete the terms of their probation. Roberts’s future may be uncertain right now but if the outcome of his case is any indication, it’s obvious that he has a good chance of getting out in a few years and perhaps turning his life around. A good DUI lawyer will answer all of his questions during his probationary period and help him complete all of the requirements of that probation. While judges, in this case, were rightly concerned and firm, with the help of legal representation, Roberts was able to avoid a much stiffer penalty that might have put him behind bars for a very long time indeed. As for whether or not this “genuine menace” turns his life around, time will tell.

Written by Carl · Categorized: DUI / DWI News · Tagged: Alcohol law, Crimes, Driving under the influence, Jerry Odlin, Law, Nathan Griesse, Philosophy of law, Plea Bargain, Probation, Robert Deschamps, Taylor Roberts, Terminology, Traffic law, Uber

Jan 07 2017

Maryland man crashes into home, facing DUI charges

According to the Harford County Sheriff’s Office, a man reportedly slammed his pick-up truck into a residence approximately two miles from his house. On Dec. 22 at around 5:50 p.m., deputies responded to a report of a hit-and-run crash in the 2200 block of Kempton Park Circle.

No injuries were reported in relation to the incident; however, a light-duty, silver pickup truck left the road and hit the residence, causing damage to the chimney, shrubs, and bushes, according to a sheriff’s office representative. A pickup truck matching the description of the truck that struck the house was discovered by deputies on Bright Oaks Drive. Deputies say that the truck had significant damage to the front end, and a man was passed out behind the wheel. The man was charged with disorderly conduct, driving under the influence of drugs or alcohol, resisting arrest and other charges connected with the hit-and-run.

The man in this story is facing several charges, some of which are serious and may result in severe penalties if he is convicted. Potential penalties may include prison time, financial restitution, community service and probation. In addition, a criminal record may present obstacles to employment, housing, and other opportunities.

In order to minimize the potential impact of DUI charges, it may help to have a solid defense strategy, for which a Maryland criminal defense lawyer may be instrumental. One approach may be to take the case before a jury at trial. The lawyer may suggest going to trial if there are issues with either the evidence or the conduct of law enforcement. These issues may be addressed in court and might result in the dismissal of the case.

Another approach might be a plea bargain. This option may be preferable in situations where the evidence is strong or the defendant does not wish to go to trial. The deal may include reduced penalties in exchange for either a no contest or guilty plea from the defendant.

Written by Carl · Categorized: DUI / DWI News · Tagged: Criminal defense lawyer, Criminal law, Law, Philosophy of law, Plea, Plea Bargain, Terminology

Jan 03 2017

Massachusetts mother charged with facilitating underage drinking

On Dec. 14, officers arrived at a house that was allegedly the scene of a Massachusetts party where individuals under the age of 21 were allowed to drink. After responding to reports of the party, police were confronted by the home’s 46-year-old owner. Officials say that she did not want to allow them to enter the premises and allege that the woman told partygoers to hide the alcohol.

Police officers entered the home and stopped the party. According to reports, there were approximately two dozen people under the age of 21 in attendance, including the homeowner’s child. The officers notified all children’s parents, and the Chief of Police confirmed that each child arrived home safely and no one was injured.

None of the individuals who were attending the party faced charges related to possession of alcohol. However, the homeowner will be charged with violating Massachusetts social host liability laws. Although police admit that the woman may not have purchased the alcohol being consumed, she is allegedly responsible for providing a venue where children could drink. If the woman is convicted, she may be faced with fines of up to $2,000 and one year of imprisonment.

An experienced Massachusetts DUI defense attorney working with the woman may be able to help her avoid excessive penalties by creating a defense strategy tailored to the facts of her case and representing her during hearings. Because the woman initially refused to allow officers into her home, the attorney may suggest that the search conducted by police was unlawful and that any evidence gathered during the investigation should not be permissible in court. If the strategy is successful, the charges against the woman may be dropped or reduced due to lack of evidence. If a conviction is likely, however, the attorney may be able to broker a plea agreement that exchanges reduced penalties for a guilty or no contest plea.

Written by Carl · Categorized: DUI / DWI News · Tagged: Criminal law, Driving under the influence, Law, Philosophy of law, Plea Bargain, Traffic law

Dec 13 2016

South Carolina woman charged with felony DUI in fall car crash

Charges were handed down recently against a Moore resident accused of causing an October crash that killed one person and injured another. The 48-year-old woman reportedly faces charges of felony DUI resulting in great bodily harm and felony DUI resulting in death; she was taken into custody by authorities Nov. 25 and has since been released.

According to an incident report from the Greer Police Department, the accused woman was driving a Toyota 4Runner on Highway 290 Oct. 11 when she crossed the center line and struck a Chevrolet S-10 pickup driven by a 66-year-old woman and carrying an 85-year-old woman; both occupants were Greer residents. Both drivers involved were reportedly injured and transported to Spartanburg Regional Medical Center. The head-on collision killed the 85-year-old woman. Police reported that she had not been wearing her seat belt.

Police additionally reported that officers at the scene noticed a can of beer along with spilled beer inside the Moore woman’s vehicle. They completed their investigation of the incident with help from the South Carolina Highway Patrol‘s Multidisciplinary Accident Investigation Team.

The state of South Carolina takes charges of drinking and driving very seriously. Convictions for felony DUI may lead to severe penalties such as fines, time in custody, driver’s license suspension or revocation and the installation of an ignition interlock device. A skilled Greenville, SC DUI defense lawyer may be able to work on a defendant’s behalf to reduce the severity of the penalties by either questioning the admissibility of the prosecution’s evidence or by negotiating with the prosecution if its case against the defendant is strong.

In the latter scenario, one potential avenue to explore is a plea agreement. If a defendant with a prior record of DUIs volunteers to seek treatment for alcohol dependency, for instance, the prosecution might be willing to reduce some of the penalties. In the former scenario, it may be possible to call into question the results of a blood or breath test if it is suspected that officers did not follow proper protocols during a DUI evaluation or use regularly calibrated Breathalyzer equipment.

Written by Carl · Categorized: DUI / DWI News · Tagged: Alcohol law, Breathalyzer, Crimes, Driving under the influence, Greenville, Law, Philosophy of law, Plea Bargain, Traffic law

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