Criminal Procedure

Published on: January 13, 2012

Crash Kills Solitary Motorist

by Stephen Bilkis

A single vehicle operated by a man 20 years of age rolled several times in the wee hours of the morning in a fatal crash. The driver was transported to a nearby hospital still alive. It was not long after his arrival there when the authorities pronounced the vehicle operator dead, a spokesperson informed a New York Criminal Lawyer.

There were two other people in the car at the time of the accident. They were both the same ages as the vehicle operator. The passengers were injured. No details about their injuries could be furnished to the NYC Criminal Lawyer. The men were treated at the same hospital where the vehicle operator was pronounced dead.

The vehicle operator was driving a newer, mid-sized vehicle. Witness statements and forensics clarified the nature of the car accident. The vehicle operator was driving when his steering became erratic and the vehicle went out of control. The lack of steering control caused the vehicle to move forcefully into an embankment. The vehicle bounced off of the embankment and glanced off a nearby utility services pole. The force of the blow to the vehicle caused the car to flip. The car came to a stop right-side up on all four of its wheels.

Published on: January 12, 2012

Fatal Hit and Run on I-55

by Stephen Bilkis

A late Thursday night crash has left one man dead and another charged with aggravated DWI, sources have confirmed. The incident occurred at approximately 10:15 p.m. Thursday in Chicago, IL, when one Chicago man was standing outside of his broken down vehicle that he had parked along the shoulder, as he awaited a tow truck. Another Chicago man was seen driving across the fog line and then struck the stranded motorist before speeding away from the scene. The man who was struck was pronounced dead at 11:34 p.m. as a result of his injuries.

A passing motorist who had witnessed the incident immediately phoned 911 and reported a description of the vehicle that had sped away from the scene. Police located both the driver and his pickup about 15 minutes after receiving the initial call from the motorist. When they approached the man, the police report says that officers could smell a “strong odor of alcoholic beverage,” and that his eyes were both bloodshot and glassy. The report also added that his speech was slurred. According to a New York Criminal Lawyer, the police report stated that when officers approached the man, they noticed an open can of Modelo beer inside the cab of the truck. The beer can reportedly had some alcoholic beverage remaining in the can.

Officers went on to include in their report that the subject agreed to their request to perform a field sobriety test, and that he subsequently failed those tests. He was arrested and charged with one count of aggravated DWI, and is being held on a $1 million bail. A Nassau County Criminal Lawyer went on to add that it is expected that more charges will be filed against the 40-year old man during his first hearing. The least of those charges that are anticipated could include vehicular homicide, which is normally filed when a death occurs as a result of a traffic violation or action.

Published on: January 12, 2012

School Board Member in Massachusetts Not Seeking Re-election After DWI Arrest Last Year

by Stephen Bilkis

A Massachusetts, a School Committee member has decided not to seek re-election. The decision seems to have been a year in the making, since many of his colleagues have repeatedly urged the 46-year old man to step down following his arrest last year for DWI.

The incident began on New Year’s Day 2010 following a call to 911 where the caller reported the driver of a pickup truck that was driving erratically, sources explained to a New York Criminal Lawyer.

An off-duty police sergeant was in his personal vehicle after completing his shift and heard the call over the police radio of what was happening. He spotted the pickup, radioed the location to the police dispatcher, and proceeded to follow it. Soon after he would observe the driver of the pickup, drive recklessly and almost hit two joggers. Soon afterward, a police cruiser arrived and stopped the truck. As part of the police’s investigation, they learned that the driver’s blood alcohol concentration (BAC) was 0.25 percent, which is more than three times the Massachusetts legal limit of 0.08 percent.

Published on: January 11, 2012

Baseball Star Faces DWI and More

by Stephen Bilkis

A former star of the a popular baseball team, was already in trouble for driving recklessly and forcing two cars off the road, even before he was arrested for DWI in February.

A New York Criminal Lawyer obtained evidence from the State Attorney’s Office in Florida that showed the defendant forced a truck off the road before his driving caused another car to take “evasive action and (go) totally onto the grass shoulder in order not to hit the sport utility vehicle head-on”.

This was from one of two drivers who claimed to see the SUV driving erratically. The 911 call revealed the driver felt the SUV operator had to be drunk or under the influence of drugs.

Published on: January 11, 2012

San Antonio Police Officer Killed by Drunk Driver

by Stephen Bilkis

A 27-year old San Antonio Police Officer was killed Tuesday, when her police cruiser was struck by a man that police suspect of being drunk at the time, a New York Criminal Lawyer was told.

Police say that the 32-year old driver of the SUV was driving the wrong direction on Interstate-35 in San Antonio when he struck the police cruiser head-on.

Having just finished with a call involving a fight, the young officer was responding to another call involving another officer who might be in trouble when her vehicle was struck. Another officer nearby witnessed the crash and immediately began CPR on the downed officer. When other first responders arrived on the scene, they were able to remove the officer from her vehicle and then rushed her to the hospital where she later died as a result of her injuries.

Published on: January 10, 2012

The Indiana Senate Passes Immigration Bill

by Stephen Bilkis

The state of Indiana passed an immigration bill (the vote was 31-18) that may encourage racial profiling. Racial profiling occurs when law enforcement officials assume a person may be guilty of committing a crime based on their ethnic background, explains a senator. State officials who support the bill maintain that racial profiling will not occur if this bill becomes state law.

While many in the State Senate support the bill, there are many small and large businesses such as Eli Lilly and Co. and Cummins, Inc. that do not support the bill. Many businesses in Indiana fear a decline in business conferences, trade shows and other commerce events due to the fear that participants in these events may be subject to racial profiling. Some out-of-state businesses have already canceled plans to hold company events in Indiana because of the potential for racial profiling and harassment. This has nothing to do with drug possession.

The piece of legislation, called the “Immigration Matters” bill, would require, among other things, all legal documents and hearings be presented in English only. The bill also states that local law enforcement would have added responsibility to enforce the federal immigration laws, which could lead to additional work by departments and personnel.

Published on: January 9, 2012

Barry Bonds Has Murky Legacy in San Francisco

by Stephen Bilkis

Barry Bonds is famed for being the greatest hitter of home runs in baseball history – now he’ll be known for his criminal conviction for obstructing justice, as well.

The jury on the Bonds case was unable to come to a decision regarding whether or not Bonds lied about the use of steroids. Only the obstruction of justice charge stuck, though it is a felony charge, a New York Criminal Lawyer points out. The prosecution wanted all the charges to stick, but Bonds didn’t get what he wanted either – as a convicted felon, he cannot own a firearm, vote, or serve on a jury.

In 2003, Bonds said under oath before a grand jury that he never took performance-enhancing drugs, to his knowledge. What matters most to baseball fans is that he did take them, which makes his otherwise impressive baseball record dubious, at the very least.

Published on: January 9, 2012

Trucking Accident Leads to Suspected DWI Case

by Stephen Bilkis

After a 911 call was placed, a man was arrested for suspicion of driving under the influence. A trucker was the one who placed the call, reports a New York Criminal Lawyer. The trucker said that the SUV was driving erratically and the truck driver felt that the driver of the SUV was obviously under the influence.

The driver’s SUV was smoking as the driver sporadically changed lanes, directions and speeds. The trucker driver attempted to avoid a collision with the other vehicle. The driver of the SUV also crossed the center line and drove into oncoming traffic. At one point the trucker was forced to drive on the shoulder to avoid the SUV as the SUV attempted to pass the trucker. The trucker driver felt that the SUV was endangering the lives of the other drivers on the road.

Within a few minutes, police responded to the trucker’s call and attempted to arrest the driver of the SUV. At the time the police responded, the driver of the smoking SUV had pulled over to the side of the road of his own accord. According to the police, the driver initially resisted arrest. The police report also states that the driver had exhibited signs of a possible DWI at the time of arrest.

Published on: January 8, 2012

Alleged Drunk Driver Knocks Over Power Pole in Texas

by Stephen Bilkis

A Texas man drove his vehicle into a parked car and knocked over a power pole, police reported. Officers responded to a call before 2 a.m. The police explained that the the driver ran his vehicle into another car, then spun around and hit the power pole, which fell onto a tree. Only one customer seems to have lost power, according to Texas officials, and a crew was quickly at work to repair the pole.

Officers said that the driver was taken straight to the hospital. His injuries were non life-threatening. While at the hospital, his blood was drawn for a possible DWI charge. As of this writing, the driver was still hospitalized.

Handling these kind of events are just what a New York Criminal Lawyer is for. Everyone who is accused of a crime requires a legal advocate. It is more than just the law – it is the right of everyone in the United States to have legal representation. Still, such representation comes in many forms. Not all legal counsel are equal. Make sure, if you ever have a date in court, you have only the best speaking for your side of the story. Only a qualified criminal lawyer has the tenacity, integrity, and discretion you need when it comes to a criminal trial.

Published on: January 8, 2012

DWI Probable Cause of Back-to-Back Wrecks in California

by Stephen Bilkis

A 27-year-old man rammed his vehicle into the back of another on an interstate in Riverside, California, then went on to drive the wrong way down the freeway, eventually getting into a head-on collision with another vehicle, California Highway Patrol officials said. The driver is suspected of a possible DWI.

The driver suffered a number of major injuries. He was trapped in the wreckage of his vehicle until emergency crews could finally extract him and take him to a hospital. An officer told a New York Criminal Lawyer that investigators would seek drunken driving charges from the driver.

It all began at 1:59 a.m. on the morning of April 2011, when the suspect was driving his vehicle at around 100 mph going south, authorities revealed. His first crash was into the back of a vehicle being driven by a 63-year-old man.