DUI / DWI

Non-Sequiturs: 12.19.11

* Someone figured out exactly what’s on every nerdy lawyer’s holiday wish list: an iPhone app for PACER. Get it while it’s hot — it’s free! [iTunes App Store]

* The First Amendment will always reign supreme, even if people are harassing religious old ladies on the Twitter. [Underdog]

* Legalizing same-sex marriage is like eating your vegetables. You might not like it, but it’s good for your health. [Jezebel]

* This is quite possibly the worst “bitch owed me money” story ever. What kind of a person sets a grandma on fire? In an elevator? [TIME]

* Thanks to technological innovations, friending people online might soon carry more meaning than friending them in real life. [What About Clients?]

* Go ahead, get up and tweet about the location of DUI checkpoints. Just make sure you take those 12 steps back to your seat when you’re done. [Legal Blog Watch]

* My birthday is on Wednesday. If you want to give me a present, you can vote for Above the Law in the ABA Journal’s Blawg 100, under the “News” category. [ABA Journal]

Morning Docket: 12.06.11

Rima Fakih: should she go to jail?

* Close, but no cigar? The ABA has updated the way that it will collect graduate employment and salary data from law schools, but the new method could still use a few tweaks. [National Law Journal]

* Kilpatrick Townsend is expanding into Saudi Arabia. I don’t really have anything witty to say about this, but now the “Arabian Nights” song from Aladdin is stuck in my head. [Atlanta Business Chronicle]

* British barristers behaving badly: Kevin Steele, a former Mishcon de Reya partner, was convicted of fraud and forgery charges in connection with a $28M loan scam. They don’t serve tea and crumpets in jail. [Legal Week]

* Joshua Monson, the serial defense attorney stabber, was in court yesterday for sentencing. Still no word on whether he was wheeled in on a Hannibal Lecter-esque gurney to prevent more stabby behavior. [CNN]

* No, Ophelia, when you’re a transgender prisoner in Virginia, the state is not going to pay for your sex change operation, no matter how many courts you appeal to. [Houston Chronicle]

* Will Rima Fakih, 2010′s Miss USA, have to do jail time in Michigan for reportedly being a “super-drunk”? Check back after we get the results from the swimsuit competition. [MLive.com]

What does a peacock have in common with a gun owner?

Maybe we should look at this as a grand test of the “theory” of evolution via natural selection. Eventually, over the course of hundreds of thousands or millions of years, the gun nuts should really die out, while those who favor sensible gun regulation will live and procreate and prosper.

But then again, maybe this is a case of sexual selection. Maybe the gun-nut trait will be favored because — despite its negative correlation with survival (most gun nuts don’t even understand that gun owners are more likely to shoot themselves or a loved one than any kind of criminal) — toting a gun just drives the ladies wild. Maybe holding a gun really is like holding a (pea)cock.

Either way, I feel the need to explain Tennessee state representative Curry Todd’s alleged behavior with the understanding of the natural forces in play. Because on the surface, the fact that the politician in favor of guns in bars got pulled over for allegedly driving while drunk, with his gun in his car, just seems to speak to the natural evolution of our species….

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The other pics for bipolar disorder were more freaky.

Back when only recent college graduates went to law school, you didn’t have to worry much about law students sneaking into law schools with extensive criminal records. How much trouble can you really get into when you were busy performing well in college, earning a useless liberal arts degree?

But in our day and age, there are enough law schools hanging around that pretty much anybody can get in. Barriers to entry are pretty much at the level where as long as you can fill out a loan application, you can get into law school. Heck, as we reported recently, convicted murderers can get into law school.

But you have to tell the truth. You can get into law school with a criminal record, but you have to tell your law school the truth about your record.

Apparently, telling the truth is a problem that some people are having….

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Lawrence Ponoroff

It’s not against the law to have a glass of wine or two with dinner and then drive home.

Michael Piccarreta, attorney for Lawrence Ponoroff, dean of the University of Arizona James E. Rogers College of Law, discussing last week’s dismissal of a DUI charge against the dean. The legal blood-alcohol content limit in Arizona is .08; Ponoroff had a BAC of .047.

Every time we do a post about a crazy attorney website, our readers send in even more tips about the seemingly endless supply of wacky websites that are out there (which we appreciate, so keep ‘em comin’). Rarely, however, do we get a tipster begging us to place a fellow attorney in Above the Law’s crosshairs. Until now: “Can you please, please profile this guy, Mark Davis from Toledo, Ohio?” Well, since you asked so nicely….

As far as we can tell from his many, many websites, Mark A. Davis, a solo practitioner in Ohio and Michigan, is a sort of jack-of-all trades who aims to corner the market in all ways possible. In his own words: “Attorney Mark Davis, founder of The Davis Law Office has always lived his life to accomplish nothing less than excellence.”

Here, excellence means, among other things, being able to break bricks with his bare hands (sadly, the video links to these feats are “private” and can’t be viewed). In his opinion, your attorney should not only excel in the courtroom, but “should be mentally tough and a gentleman warrior.”

This gentleman warrior has taken to fighting the good fight on almost all possible legal fronts. Really, it seems that there is nothing that his guy hasn’t tried to do, both in the courtroom and out. From martial arts to starving horses, keep reading to uncover the many talents of Mark Davis….

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Our last post on law-related vanity license plates was on Tuesday. We received so many great photos that we couldn’t resist writing another one this week. We are always looking for more, so if you’re a fan of the Law License Plates series, please send in your photos via email (subject line: “Vanity License Plate”).

So, on Tuesday, we wrote about Massholes. Today, we’re writing about a different kind of a-hole: criminal and DUI defense attorneys. These submissions came to us from Texas and Ohio. While these states are far apart, they seem to have one thing in common. Defense attorneys in both states are making straight cash, homey.

After looking at these plates (and the cars they’re attached to), you may want to consider changing your practice group….

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Ex-Judge Thompson: not looking well.

Oh goodness. Today is shaping up to be “Misbehaving Judges Day” here at Above the Law.

One judge, new to these pages, is accused of a serious crime: rape. And supposedly there’s a video of the alleged act.

A second judge (or former judge), who should be familiar to many of you — Donald Thompson, aka the “penis pump” judge — has been hit with fresh criminal charges.

Let’s look at the allegations against the two men….

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It’s a dirty job, but someone’s gotta do it. Most lawyers would cringe at the thought of spending their entire careers trying to find loopholes that will release drunk drivers back onto the streets. After all, drunk drivers are one of the few life forms more despised than lawyers.

Southern drunks are in luck, however, because Cerbone DUI Defense are not most lawyers. In fact, the father and son Cerbone team has taken on the job with relish, building an entire DUI defense empire in Savannah, Georgia.

It’s not really surprising that Savannah would need some good DUI lawyers. This is the city that throws the second largest St. Patrick’s Day celebration in the world. I can also confirm from personal experience that it is one of the few remaining places in the country without an open container law. There is really no shortage of alcohol-related fun to be had in Savannah.

Enter the Cerbone team, stage right. They are waiting around day and night, right outside the police station, to take your case when things get out of hand. You’ll be so happy that they get your case thrown out that you won’t even mind when they use your full name and share the details of your drunken escapades to drum up more business…

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Based on the overwhelming number of submissions we’ve received — please don’t be offended if yours doesn’t make the cut — it seems you’re enjoying our recent series on legally-themed license plates. You can send in your photos via email (subject line: “Vanity License Plate”).

Here’s one license plate we received that’s not explicitly law-related. But the reader who submitted it described it as “a DUI lawyer’s worst nightmare.”

You should not drink and drive — especially if this is your license plate….

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Mmm... lunch.

When I first got this job, I thought that it might be a good idea for me to hook up a Breathalyzer to my laptop to prevent me from posting drunk. Then I realized people enjoy this site more when at least one of us is drunk, and so I sacrifice my liver for you fine readers.

Of course, making internet pronouncements about which law schools should be avoided is one thing; it’s not like I’m sitting on a bench wearing a black robe and banging a gavel. I’m not a judge (or a driver), only my shrink needs to know how many Bloody Marys it takes before I feel like dealing with commenters.

In short, I’m not Judge W. Kennedy Boone III, a Washington County Circuit Court judge in Maryland. In November 2009, Judge Boone got into a car accident where his BAC was .18 — twice the legal limit in the state of Maryland. In March he pleaded guilty to a DUI. And now the Maryland Commission on Judicial Disabilities is making him submit to a Breathalyzer twice a day when he goes to work.

So yeah, Maryland can’t trust the guy to remain sober for an entire work day, but as long as he can prove that he’s sober he is allowed to be a judge, with power over people’s lives…

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Legal Blog Watch has a perfect Friday story up on its pages. Two men were arrested for riding animals while drunk. One guy was on a mule, the other was on a horse.

But when they got to the police station, the county attorney determined that the animals did not fall within the definition of “a device in, on or by which a person or property is, or may be, transported or drawn on a highway,” to trigger a DWI arrest. And so the men were released.

OF COURSE this happened in Texas…

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Based on our earlier coverage of traffic stops, here are some dos and don’ts for the next time you get pulled over:

Now that we’ve covered the basics of traffic stops, let’s move on to the advanced course….

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Anne Bremner

A Seattle reader brought a remarkable tale to our attention. He sent along some links about prominent attorney Anne Bremner and her recent brush with the law, along with this commentary:

Anne is a high-profile lawyer — at least here in the Northwest. She is a legal analyst for lots of broadcast media outlets. There is lots of hubris here, so I immediately thought of Above the Law.

Does Anne Bremner view herself as “above the law”? On the night that she was arrested for drunken driving, she allegedly said all sorts of things to various police officers, including but not limited to the following:

  • “I will sue your ass.”
  • “I’m famous. It’ll be bad for you guys.”
  • “You can’t arrest me. I represent Seattle and King County. You are making a mistake.”
  • “I represent you guys. Come on, take me home.”

Sounds like a charming lass, doesn’t she? Let’s get to know her a little better….

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Not that we’re in the business of giving free legal advice, but there are a few things every lawyer should know. Lawyers should know how to handle a traffic stop, for instance. They should know how to handle cops who shout slurs at you from across the street. And of course, lawyers should never snitch.

Some of these lessons come as a shock to laypeople, and even some lawyers who didn’t pay enough attention during Criminal Procedure. But high on the list of things that trained attorneys should never do is submit to a breathalyzer test. You don’t need to be a DUI defense attorney to know that you don’t blow.

The unwritten rule isn’t there to protect drunk drivers (okay, it kind of is there to protect drunks who operate high-speed killing machines); it’s also there to protect innocent people who don’t want to get caught up in the criminal justice system.

An article in today’s Washington Post underscores the point: the breathalyzer simply cannot be trusted, and juries can’t be trusted to know that…

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CORRECTION AND UPDATE (12/6/2010): We are advised as follows by a knowledgeable source: “There was never a charge of ‘fleeing’ the police or anything of the sort. Todd was, in fact, ‘pulled over’ while parked in the parking lot of his hotel and the only charge against him, driving under the influence, has been dismissed.”

We’ve had quite a bit of fun around these parts with the Northwestern Student Bar Association’s role as PC Police for the entire Northwestern Law community. You’ll remember that the Northwestern SBA admonished students for using “any racial or sexual epithet[s]” around exam time — e.g., “that exam raped me.”

But now tipsters report that outgoing SBA president Todd Belcore is in trouble with duly recognized officers of the law, and it’s got nothing to do with his language:

[O]n a school trip to MS, Todd Belcore was arrested for DUI and fleeing from the police. The people on the trip were warned not to discuss the arrest to avoid the news getting to you guys.

Getting hemmed up on a DUI in Mississippi? That is so gay.

Various Mississippi sheriffs’ departments declined to talk about the incident, but additional sources confirmed the reports….

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Now here’s something from RadarOnline that I think we can believe:

Jersey Shore star Nicole “Snooki” Polizzi was criminally charged for selling booze to minors at a party at her house — a party that ended with the tragic drunk driving death of one of her classmates, RadarOnline.com has uncovered in a blockbuster exclusive. Snooki was one of three people charged in connection with the 2004 death of teenager Michael Truncali, a RadarOnline.com investigation revealed.

Truncali crashed his vehicle and died driving home from a party at Snooki’s house. His BAC was .18 at the time of the accident.

RadarOnline actually talked with Michael Truncali’s parents, who were understandably upset….

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lawyers-gone-bad.jpgA bunch of North Carolina lawyers have been busted for a scam they were running in the Johnston County courts. They “schemed to make drunken driving cases disappear,” reports the News & Observer.
Two lawyers, Chad Lee and Lee Hatch, have lost their law licenses and are heading to prison for four years. Two more, Jack McLamb and Vann Sauls, are on probation for three years. A former prosecutor who allegedly aided in the plot, Cindy Jaeger, still faces charges.
And all five are suffering the embarrassment of running a scam that didn’t seem to really benefit them in any way.

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Racist Breathalyzer?

Breathalyzer.JPGAccording to Connecticut DUI lawyer James O. Ruane, I can’t breathe as well as white people. Based on this “analysis” Ruane has determined that the breathalyzer is a racist device.

Really. I’m not making that up. Ruane represents a black man who got busted for drunk driving:

A breath analysis administered at state police Troop G in Bridgeport found Brown had a blood-alcohol content of 0.188. The legal limit is 0.08.

In a motion filed Tuesday in Superior Court, Ruane asked a judge to suppress his client’s breathalyzer test results, contending the device used by the state police, and most other local police departments, the Intoxilyzer 5000, discriminates against blacks. Brown is an African-American.

I’m all for zealous defense of your clients, but I don’t see why you have to insult thinking people of all colors to make that defense. But Ruane argued:

[T]he lung capacity of a black man is 3 percent smaller than a white man and, therefore, black men’s test results vary from the sobriety standard set by the device.

He said Dr. Michael Hlastala, a lung physiologist at the University of Washington, examined research of other lung physiologists and, based on his studies, has determined the Intoxilyzer 5000 does not effectively test the blood-alcohol content of black men.

“He looked at all the research and came up with the bigger picture and found the common thread,” he said.

Mmm … blanket generalizations about an entire people. I wonder what Michael Jordan’s lung capacity is as compared to Alan Dershowitz?

Ruane gets more crazy after the jump.

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Morning Docket 09.26.08

flipphone.jpg* The bailout is not on. Talks imploded at 10:30 p.m. last night. Congress is back at it today. [New York Times]

* Two-time ATL Lawyer of the Day Jack Thompson, the crazy controversial video game crusader, has been permanently disbarred. [Crave / CNET News]

* Words to live by: Don’t make sex videos. And don’t store said sex videos on your cell phone. [Courthouse News Service]

* A whistleblower suit against Medtronic for perks paid to doctors was filed by the company’s own lawyer. [Minneapolis Star-Tribune]

* The young Indiana Jones has a crushed hand, but no misdemeanor. No DUI charges for Shia LaBeouf after all. [People]