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Recent Blog Posts in October 2009

October 22, 2009
  Former Okeechobee sheriff's sergeant accused of raping inmate
Posted By Lloyd Golburgh
OKEECHOBEE - A former sergeant with the Okeechobee County Sheriff's Office has been charged with forcing a female inmate to have sex with him, according to the Florida Department of Law Enforcement.

Tommie Joe Brock, 51, of Okeechobee has been charged with felony sexual battery by a law enforcement officer and felony sexual misconduct between a detention facility employee and an inmate.

FDLE began investigating in July after receiving allegations from Sheriff Paul May that Brock was having a sexual relationship with an unwilling female inmate.

The woman gave investigators clothing and napkins that contained Brock's DNA to prove her claim, court reports state.

Brock worked for the Sheriff's Office for 23 years before he was fired on July 8.

On Tuesday, he was released from Okeechobee County Jail on $100,000 bail.
Continue reading "Former Okeechobee sheriff's sergeant accused of raping inmate" »

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October 22, 2009
  Man pleads guilty to DWI in motorized La-Z-Boy
Posted By Lloyd Golburgh

DULUTH, Minn. – A Minnesota man has pleaded guilty to driving his motorized La-Z-Boy chair while drunk. A criminal complaint says 62-year-old Dennis LeRoy Anderson told police he left a bar in the northern Minnesota town of Proctor on his chair after drinking eight or nine beers.

Prosecutors say Anderson's blood alcohol content was 0.29, more than three times the legal limit, when he crashed into a parked vehicle in August 2008. He was not seriously injured.

Police said the chair was powered by a converted lawnmower and had a stereo and cup holders.

Sixth Judicial District Judge Heather Sweetland stayed 180 days of jail time Monday and ordered two years of probation for Anderson. His attorney, David Keegan, did not immediately return a call for comment.

Continue reading "Man pleads guilty to DWI in motorized La-Z-Boy" »

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October 13, 2009
  My initial ten days has passed, I filed my application for a formal review, and i don't have my permit.
Posted By Lloyd Golburgh
I have been arrested for DUI had my license for 10 days and have filed for formal review with the DMV and received a 30 day extension. Well that time has passed I am on my first day with no license pulling my hair out. I guess that the pressing question I need to ask is what do I need to do to obtain a hardship license. Is there a mandatory 90 days suspension that will occur before I can apply to receive a hardships or do I need to just take the DUI school? Please let me know I live in St Pete and work in Tampa have a great job and can't let this ruin my career.

FloridaDUIPRO.com answered:  here's what you do. if you filed your application for a formal review and have not received your permit, assuming you were eligible for it, you need to go to the bureau of administrative reviews office of the dhsmv in your county. tell them your ten days has run, that you filed your application for a formal review timely, and that you would be so grateful if they would prepare your temporary permit for you while you wait.
Continue reading "My initial ten days has passed, I filed my application for a formal review, and i don't have my permit." »

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October 05, 2009
  February trial set in Gillispie DUI case
Posted By Lloyd Golburgh

LAWRENCEBURG, Ky. — A judge has set a February trial date in the drunken-driving case against former Kentucky basketball coach Billy Gillispie.

Gillispie's attorney was in Anderson County District Court on Monday to request a delay because Gillispie hadn't yet decided whether to agree to a plea bargain.

Judge Linda Armstrong scheduled a final preliminary hearing for Nov. 2 and set a trial date for Feb. 10.

Gillispie's attorney, William Patrick, declined afterward to say what sparked the request for a delay. County Attorney Bobbi Jo Lewis declined to comment.

Gillispie was arrested Aug. 27 and charged with DUI after refusing sobriety tests during a traffic stop in which officers said they smelled alcohol on his breath.

Gillispie was fired this year after a rocky two-year tenure in which the Wildcats went 40-27.

Continue reading "February trial set in Gillispie DUI case " »

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October 05, 2009
  A's Mortensen charged with DUI
Posted By Lloyd Golburgh
A's rookie starter Clayton Mortensen expressed contrition Sunday afternoon after being arrested early Sunday morning in Los Gatos for suspicion of driving under the influence of alcohol. 

"First off, I want to apologize to the A's and my family," said Mortensen, who spent the night in Santa Clara County jail. "Calling my dad this morning was the hardest thing I've ever had to do. I'm deeply embarrassed for what I've done and my poor judgment. I can honestly say it will never happen again. I'm very ashamed and embarrassed. ... I'm really sorry for everything I caused."

Mortensen was arrested at about 3 a.m. by a Santa Clara County Sheriff's Department deputy who was checking a car stopped on the side of Highway 17 southbound in Los Gatos, according to Sgt. Rick Sung, a spokesman for the Santa Clara County Sheriff's Department.

The A's put out a release during Sunday's game against the Angels stating that the team was aware of the situation but will have no comment until further details are available. Mortensen, 24, was acquired from St. Louis in the Matt Holliday trade in July, and he went 2-4 with a 7.81 ERA in six starts.

After starter Esteban Loaiza's 2006 arrest for drunk driving, the A's stopped providing alcohol in both clubhouses at the Coliseum and on the team plane, citing liability issues and concern for players' welfare.

In April, Angels starter Nick Adenhart was killed by an alleged drunk driver after pitching against the A's. Mortensen's former club, the Cardinals, lost reliever Josh Hancock in 2007 when he was killed while driving under the influence.

Story by Susan Slusser, San Francisco Chronicle
Continue reading "A's Mortensen charged with DUI" »

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October 05, 2009
  BSO deputy Manuel Silva charged with extortion, drug possession, burglary
Posted By Lloyd Golburgh

A Broward Sheriff's Office detective was arrested Friday and slapped with a slew of charges including armed extortion, burglary and drug possession.

Few details were immediately available about the arrest of 34-year-old Manuel Silva, a nine-year BSO veteran. A department spokeswoman, Dani Moschella, said an internal investigation is now underway.

Moschella said she could not immediately confirm whether Silva committed his alleged crimes while on duty. According to the department's quarterly newsletter, Silva worked as a deputy in Central Broward and recently received honors for helping solve a residential burglary case involving 40 stolen firearms.

According to jail records, he was arrested by fellow deputies and charged with armed burglary, armed extortion, and possession of oxycodone and other prescription drugs.

Continue reading "BSO deputy Manuel Silva charged with extortion, drug possession, burglary" »

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October 01, 2009
  If I was arrested for DUI in Florida with an out of state DL and have 3 other old convictions. Do I still face FL Felony Law?
Posted By Lloyd Golburgh
Fourth offense asked: I was looking at the law in Florida for your 4th lifetime conviction of DUI. I recently moved here and am not even a resident yet. My prior DUI's are all over 10 years old and the state that I am licensed in does not have any lifetime laws that progress DUI into a felony. Because I was arrested in Florida am I subject to the felony and lifetime suspension of my license?

FloridaDUIPRO.com answered:  Yes. Your only hope is that one of the 3 prior convictions was entered after an un-counseled and/or involuntary no-contest or guilty plea.

Continue reading "If I was arrested for DUI in Florida with an out of state DL and have 3 other old convictions. Do I still face FL Felony Law?" »

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October 01, 2009
  Palm Beach County records 85 percent increase in 2008 DUI convictions; all traffic citation categories rise
Posted By Lloyd Golburgh

South Florida Sun Sentinel

Thursday, October 01, 2009

PALM BEACH COUNTY — Attorney Doug Leifert's traffic-law office has seen booming business over the last few years, but none was bigger than 2008.

"My office is busier and busier every year," said Leifert, whose practice is in Delray Beach. "Without even looking at the stats, I can tell you the increased enforcement is obvious."

Those statistics back him up. Palm Beach County drivers got more traffic tickets in 2008 than in 2007.

Every category of traffic citation was up in 2008, with the biggest surge in the most serious cases, after a five-year trend of general increases, according to newly released statistics by the Florida Department of Highway Safety and Motor Vehicles. Citations deemed "criminal" - DUI, fleeing police, reckless driving jumped by nearly 18 percent.

The county may have seen up to an 85 percent increase in DUI convictions in 2008, though part of the increase could have been because of prior statistical reporting problems.

That is at odds with numbers statewide and from Broward County, which both saw overall drops in traffic citations.

The increase in Palm Beach County tickets has been attributed to more specialized patrols and operations.

Lt. Tim Frith, spokesman for the Florida Highway Patrol's Palm Beach County district, said a jump in DUI accidents last year prompted Troop Commander Luis Ramil to create a DUI squad. The half-dozen troopers in the squad participate in roving patrols and checkpoints.

"Since they have been out in force, we have had significantly more DUI arrests," Frith said.

The Palm Beach County Sheriff's Office also more than doubled its DUI unit to 10 people, said the unit's supervisor, Sgt. William Gray. The agency did several new specialized operations focusing on speeding, DUIs, the state's move-over law and new seat belt regulations, he said.

Leifert said the increased enforcement is noticeable. He said some municipalities use enforcement to generate revenue without increasing taxes. The Florida Legislature on Feb. 1 increased all traffic fines as a way to generate revenue for the state, but municipalities generally get a small portion of that revenue. Palm Beach County cities, for example, get about 13 percent of the revenue from a typical traffic ticket. In 2008, the county's cities divided a little more than $3 million ticket revenue, according to the Clerk of the Court.

Iris Siple, a Pembroke Pines city commissioner, said the notion of cities raising significant revenue through tickets is a myth.

"It's not realistic to use that to make up a budget gap," she said. "The percentage you get out of it is not going to make you wealthy."

Despite his criticism, Leifert said the enforcement is good.

"I don't mind seeing increased traffic enforcement," he said. "The ultimate goal is that we'll all be safer."

The jump in Palm Beach County's DUI convictions is a little harder to explain, said Chief Assistant State Attorney Elizabeth Parker.

She said that the Clerk of the Court's reporting system recently has been re-evaluated to provide the state with more accurate numbers. She expects last year's convictions and arrests still actually were higher, based on extensive training officers did throughout the year.

"The focused enforcement is definitely forcing an increase in numbers," she said.

Zack Quigley, 17, of Boca Raton, was happy to hear of the increase. He said he's never gotten a ticket before, but sees too may drivers who deserve them.

"People don't respect the traffic signs," he said. "The tickets will help a lot because they keep the traffic better. It helps keep order."

Broward County, on the other hand, continued a general five year decline in traffic citations with 2008 being the lowest. The biggest drop came in the category of "non-criminal moving" violations, which include speeding, careless driving and red-light running. Broward's DUI convictions remained flat.

Sgt. Mark Wysocky, spokesman for Broward's Florida Highway Patrol troop, said fewer drivers on the road led to fewer deaths, crashes and, most likely, fewer tickets.

"It may have something to do with the economy," Wysocky said. "There's just not as many people driving."

Statewide, there was an overall 1 percent drop in the number of tickets issued. Nearly every category of traffic violation either was down or flat. Notable exceptions include proof of insurance, expired or lack of a vehicle tag and motorcycle helmet violations.

Miami-Dade County saw a 24 percent increase in traffic citations and a 20 percent increase in DUI convictions.

Continue reading "Palm Beach County records 85 percent increase in 2008 DUI convictions; all traffic citation categories rise" »

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October 01, 2009
  Daytona officer arrested during traffic stop
Posted By Lloyd Golburgh

A Daytona Beach police detective has been placed on administrative leave while she is investigated for confronting Holly Hills police officers during a traffic stop.

Daytona Beach police Sgt. Janet Hawkins was charged with a felony charge of resisting arrest with violence, as well as misdemeanor charges of resisting arrest without violence and reckless driving.

A Holly Hills police officer pulled her over for speeding and rolling through a stop sign Tuesday night. According to the arrest affidavit, Hawkins came out of the car yelling, apparently upset about the arrest of her son earlier in the day.

Hawkins then struggled with the officer and a backup officer as she tried to get back into her car, according to the arrest affidavit.

Continue reading "Daytona officer arrested during traffic stop" »

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October 01, 2009
  Pulp Fiction writer goes to jail for one year for DUI crash death
Posted By Lloyd Golburgh

'Pulp Fiction' writer sentenced in fatal DUI crash

VENTURA, Calif. — An Oscar-winning screenwriter of "Pulp Fiction" has been sentenced to a year in jail for causing a fatal traffic crash in Southern California.

Roger Avary was sentenced Tuesday in a Ventura court. He also received five years of probation.

Avary pleaded guilty in August to gross vehicular manslaughter and drunken driving for the 2008 crash that killed a passenger in Avary's Mercedes in Ventura County. Authorities say Avary's car was traveling at more than 100 mph when it crashed into a telephone pole.

Avary's wife was ejected from the vehicle and was treated for non-life-threatening injuries.

Avary and Quentin Tarantino share the 1995 Academy Award for writing "Pulp Fiction." He also co-wrote the screenplay for the movie "Beowulf."

Continue reading "Pulp Fiction writer goes to jail for one year for DUI crash death" »

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