Man Accused in Fatal DUI Crash That Killed Aurora Girl Gets 13 Years In Prison

A man from Aurora has been sentenced to 13 years in prison for a drunken driving crash in the city that killed Katie Jonak, aged 9 of Aurora back in 2016.Anthony S. Potochney, aged 26, was sentenced by Kane County Associate Judge Linda S. Abrahamson on Thursday.Potochney had pleaded guilty to three counts of aggravated DUI, one Class 2 felony and two Class 4 felonies and failure to stop after an accident involving personal injury or death, a Class 4 felony on Oct. 27, 2017.

Jody Gleason, Kane County First Assistant State’s Attorney and Christine Bayer, Kane County Assistant State’s Attorney stated in court that Katie Jonak was riding in a left side rear passenger seat of a minivan driven by her mother,after 9 p.m. Oct. 7, 2016, according to a press release from the Kane County State’s Attorney’s Office.
At approximately 9:12 p.m., the minivan was northbound on Broadway south of Pierce Street in Aurora when the 2003 Cadillac Deville that Potochney was driving on southbound Broadway crossed into the northbound lane, according to the release.Katie’s mother tried to avoid the Cadillac, but Potochney struck the left side of the minivan and when his vehicle came to a stop, Potochney ran away from the scene.The girls were on their way home from a play rehearsal when the accident took place.

Katie was pronounced dead after a short time at the hospital and was unresponsive when medics arrived at the spot. One of the other children in the vehicle was hospitalized for a bruised lung and other injuries. Another child was hospitalized with a broken bone.Potochney was taken into custody shortly thereafter by Aurora police, and the police noted the odors of marijuana and alcohol on him. As per the investigation,Potochney’s Cadillac was traveling at around 75 mph in a 35 mph zone moments before impact. Potochney’s blood sample drawn 4½ hours later at the hospital revealed a blood-alcohol concentration of .193 which is more than twice the legal limit as well as the presence of marijuana.
Potochney admitted to police that he had consumed six beers, four rum drinks and smoked marijuana the evening of the crash and faced penalty for drug driving among others.

Read the full article here: https://www.chicagotribune.com/suburbs/aurora-beacon-news/crime/ct-abn-aurora-dui-crash-st-0330-20180329-story.html

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Personal Injury Lawyer Caught In Hit and Run Case That Killed Woman

A personal injury lawyer from Miami known for having faced several traffic convictions has been busted on charges of fatally hitting a woman in a crosswalk and then speeding off with his Mercedes-Benz as per reports. Officials said,Tatum Holloway, 26, of Michigan, was slammed into by Marcos Antonio Gonzalez-Balboa, 65, as she was crossing Fairway Drive in Miami Lakes after leaving a McDonald’s about 2:30 a.m. Dec. 7 and the impact sent the young woman flying into the air and landing on a curb.

Gonzalez-Balboa sped away in his silver C-Class Benz, while Holloway was left on the side of the road until a passer-by found her and informed 911 as per Miami-Dade police.His vehicle was found a day after the crash, however the authorities had not been able to connect it to Gonzalez-Balboa, who owns a law firm around 2 miles from the scene of accident.

Holloway’s family filed a wrongful-death lawsuit against Gonzalez-Balboa on Tuesday in Miami-Dade County Circuit Court and sought more than $15,000 in damages to cover medical and funeral expenses. According to the suit, Gonzalez-Balboa was driving recklessly and failed to yield at the crosswalk. The suit also says that the suspect sped off without stopping to help the stricken woman or calling 911.Holloway, a resident of Traverse, Michigan worked as an auctioneer for Park West Gallery and was in the Miami area for business. Park West operates art galleries on cruise ships and holds auctions on board.

According to court records, Gonzalez-Balboa was charged with vehicular homicide, failure to stop at the scene of crash, DUI charges such as DUI manslaughter, failure to render aid and tampering with evidence. The lawyer received around 22 tickets from the year 1993-2013, most of which were dismissed for various reasons, as per reports of the Herald, citing Miami-Dade County traffic court records. However, he was convicted of careless driving in the year 1994, running a stop sign in 1997, speeding in 2005, reckless driving in 2006 and speeding in a school zone in 2010.Gonzalez-Balboa was being held at a Miami-Dade County jail on $150,000 bond. Facts are unclear about whether the disgraced attorney has obtained his own personal injury lawyer.

Read the full article here: https://nypost.com/2018/03/28/personal-injury-lawyer-busted-in-fatal-hit-and-run/

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Warrant States, Lawyer Paid $300 Booze Bill At A Bar Before Fatal Crash

Up to 10 percent of lawyers in California are convicted criminals and that’s no joke. In fact, that’s the latest estimate by the agency that licenses them. Out of 190,000 active attorneys in California, around 19,000 may have unreported criminal activity, from drinking while driving crimes to more serious offenses, according to the State Bar of California.For the first time in California, under the plan the state Supreme Court is expected to approve in the coming weeks,all active lawyers will have to have their fingerprints live-scanned or taken the old-fashioned way by April 30 of next year. The prints will be given to the state Department of Justice and previous convictions will be reported to the Bar along with all future arrests.

For several years, the Bar had been counting on attorneys to do the ethical thing and self-report convictions. But that worked out badly.According to information the Bar obtained from court records, during a three-year period recently, at least 32 attorneys were convicted of a felony statewide and only three lawyers came out clean with the Bar.

Bar officials are still figuring out ways about exactly how much they will be able to tell the public about what they learn. Right now, consumers can look up profiles of licensed lawyers online to learn such information as where lawyers were educated and whether they are in good standing. In the future, the Bar may also post information about conviction.

The Bar is chalking out a system that will help officials decide how to prioritize conviction cases, with an eye to how much each case impacts the public, according to spokeswoman Rebecca Farmer.Lawyers will pay $82 on an average in order to cover the cost of the background checks by the state DOJ and the FBI, and for fingerprinting.

Read the full article here: https://www.mercurynews.com/2018/04/07/is-your-lawyer-a-crook/

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Man Arrested For Dui And Suspended Driver’s License While Going Over 100 Mph

A Spokane Valley Deputy arrested a man late Wednesday night for DUI after the deputy saw him traveling at a speed of more than 100 mph on Highway 27.Deputy Tyler Kullman at around 11:20 p.m. on Thursday, noticed a vehicle traveling south on Pines towards him going faster than the 35 mph speed limit. The officer observed that the truck accelerated as it passed his patrol car. Deputy Kullman followed and caught up with it in the area of 24th and Highway 27, where the dark colored vehicle raced way over 100 mph. Kullman activated his emergency lights and performed a traffic stop near 32nd Avenue.David A. Davis, aged 52, driver of the speeding vehicle pulled into a parking lot and reached around the floorboard of his truck as Kullman ordered Davis to keep his hands on the steering and told Davis’ passenger to place his hands on the dashboard.

Davis became argumentative immediately after Deputy Kullman made contact with him, telling the Deputy to go away and said he was a “constitutionalist” who “didn’t need to identify himself”. Davis was placed in handcuffs while he continued to yell.Deputy Skye Ortiz, who was also present, contacted Davis who was arrested for reckless driving and driving while suspended, to start a DUI investigation. Davis continued to yell as Deputy Ortiz noticed a strong odor of intoxicants from Davis. Davis declined to submit to a field sobriety test but was placed under arrest for DUI, as well.

Davis continued to use vulgarity at the officers as he was advised of his rights. Davis requested to speak to a DUI defence lawyer and was placed in contact with a public defender. After, he was advised of his rights regarding a breath test, which he stated he understood and refused to take the test. Davis was booked into the Spokane County Jail for DUI, Reckless Driving, Operating a Vehicle w/o an Interlock Device when required and driving with a Suspended/Revoked Driver’s License.

Read the full article here: https://www.kxly.com/news/man-going-over-100-mph-arrested-for-dui-suspended-drivers-license/719894155

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Legal Experts Warn About Changes To The Impaired Driving Laws Of Canada That Could Give Far-Reaching Powers To The Police

Police could show up on your doorstep up to two hours after you arrive home in order to collect demand a breath or saliva sample if Canada’s new DUI laws are passed.Calgary defence lawyer Dale Fedorchuk says the proposed law “begs” to be challenged constitutionally and one of the things that concerns him most. Fedorchuk stated that if the law is passed, the officers would have the power to charge someone with impaired driving, even after they have parked their vehicle.The Trudeau government last month introduced sweeping changes that include mandatory roadside breath samples and much harsher penalties for some offences that could result in up to 10 years in prison among other measures.

If the Police have a reasonable suspicion that a driver has drugs in their body they can also demand a roadside saliva sample. The said changes were announced the same day the federal government unveiled its bill to legalize marijuana and are becoming the topic of debate among lawyers, legal experts and victim groups who are lining up to either praise or ban the legislation.Officers can simply demand a test and drivers will have no choice, since refusing to provide a sample is a Criminal Code offence. As per Section eight of the Canadian Charter of Rights and Freedoms “everyone has the right to be secure against unreasonable search or seizure.”
According to Fedorchuk, the proposed law could shift the burden of proof onto an accused. He said for example, that someone who is approached by police at their residence would have to prove they consumed alcohol or drugs at home after they exited their vehicle and were not driving drunk.Calgary police officers appear supportive of the new changes especially the section that drops the requirement that an officer must first have reasonable suspicion before demanding a breath test. Mothers Against Drunk Driving stated the proposed changes are a good first step.

Read the full article here: https://www.heraldnet.com/marketplace/stopped-for-a-dui-heres-what-you-need-to-know-about-your-breath-test-sample/

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Man From Des Plaines With 15 DUI Convictions Accused Of Driving On Revoked License In Hit And Run Crash

Christopher Clingingsmith, aged 52, has been charged with violating the terms of his bond in a pending DUI case as he was driving on a revoked license and possessed a fake ID in a hit and run crash, according to prosecutors. Clingingsmith is a Des Plaines man who has about 15 DUI convictions and a pending DUI case and was involved in a hit and run crash last weekend in Arlington Heights, Cook County on a revoked license. He had been free on a $400,000 bond on the DUI charge and the said bond was revoked at a hearing on Thursday, in Rolling Meadows branch court. Judge Steven Goebel, set bail at $1 million for charges related to the crash. According to the judge, Clingingsmith has the potential to be very dangerous as he has 15 prior DUI’s and was operating a two-ton motor vehicle.

Clingingsmith was involved in a hit and run crash and was arrested in Rolling Meadows after the crash took place early Saturday near White Oak Street and New Wilke Road in Arlington Heights. He faces up to 30 years in prison if he is convicted of the current DUI charge which is a Class X felony. He faced four previous prison sentences for DUI and other convictions according to authorities.

In the pending DUI against him, Clingingsmith was arrested by Arlington Heights police after he fled away from a hit and run crash in Des Plaines in June and crashed into another vehicle on Northwest Highway and Arlington Heights Road and was taken into custody thereafter, as per prosecutors. Clingingsmith’s next court hearing on the DUI case is April 25 in the Rolling Meadows branch court and it appears that no impaired driving defence will be helpful to him looking at all the previous convictions and pending case.

Read the full article here: https://www.chicagotribune.com/suburbs/ct-met-repeat-dui-offender-court-hearing-20180323-story.html

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Judge Who Told Twin Cities Police Officer “I Am A Ramsey County Judge” Charged With DUI.

Ramsey County District Court Judge G. Tony Atwal was charged with DWI on January 2 as a St. Paul police officer asked him to get into the squad car on New Year’s Eve even though the man had told him “I am a Ramsey County Judge”. Patrick Cotter, who is Atwal’s attorney, stated that Atwal had made “regrettable statements to the arresting officer”. Atwal pleaded guilty to a gross misdemeanor in the afternoon on January 2nd, 2018. Atwal has been re-assigned to handle child protection cases and was earlier assigned Ramsey County District Court’s criminal division. Thomas Sipkins, executive director of the Minnesota Board of Judicial Standards said the board is “looking into the matter”.

Michael Brodkorb who is a blogger and a former state Republican political operative stated that he sought details in the case since he believed Atwal had received special treatment, being a judge. However, Cotter and Minneapolis City Attorney Susan Segal stated that Atwal received no special treatment while her office handled the case to avoid a conflict with their St. Paul counterparts.

Segal stated that Atwal wanted to resolve the case and had hired a defense attorney who reached out to the prosecutor. As per police reports the breath test of Atwal showed alcohol concentration of 0.17 which is way above the legal limit of 0.08 in Minnesota and faced an over 80 charge. Atwal had pleaded guilty to DWI, a gross misdemeanor and most of his sentence was stayed and he served 18 days on electronic home monitoring and received 2 years of supervised probation.

Read the full article here: https://www.duluthnewstribune.com/news/crime-and-courts/4422157-judge-tells-twin-cities-cop-i-am-ramsey-county-judge-gets-dui-anyway

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/dui-news/

Double Fatality DUI Crash Gets Trucker Convicted For 25 Years

A truck driver from Tennessee was sentenced to twenty-five years in prison for causing a crash that killed two people while he was intoxicated and driving with a revoked CDL back in 2016.Truck driver Randall Weddle, aged 55 was sentenced in a Knox County, Maine, court on March 23 after he was found guilty on fifteen charges, including aggravated DUI, failure to provide a specimen and manslaughter.The charges relate to a crash that happened two years ago and Weddle was placed out of service by the FMCSA for the same. Christina Torres-York, 45, and Paul Fowles, 74, were the two people who got killed in the said crash.

As per the FMCSA’s account regarding the fatal crash:

On March 18, 2016, Weddle was operating a large commercial truck for Tennessee-based R&E Logistics, Inc., USDOT No. 942198. At approximately 4:47 p.m., while traveling on Route 17 in Knox County, Maine, thetrailer portion of Weddle’s rig crossed the centerline, tipped over, and began scattering its load of lumber across the roadway. At the time of the crash, Weddle’s truck was traveling approximately 80 miles-per-hour in a posted 55 miles-per-hour speed limit zone.

As the truck and trailer and its load of lumber continued to slide down the roadway at a high rate of speed, a pick-up truck, an SUV, and a minivan, in turn, were struck. The pick-up truck was crushed, killing its driver. The collision with the SUVcaused it to roll over once before it collided with another vehicle. The minivan hit by Weddle’s truck was also partially buried under the lumber load; a fire ensued, engulfing the minivan. The sole occupant of the minivan was killed. Two additional crash victims were airlifted to the hospital.

During investigation it was found out that Weddle was in violation of several federal hours-of-service regulations that have been designed to prevent fatigued driving.Weddle had 48 driving crime convictions prior to the fatal 2016 crash, including 12 DUI convictions in four different states.

Read the full article here: https://cdllife.com/2018/trucker-sentenced-to-25-years-for-double-fatality-crash/

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Driver Gets To The Hospital After Accident In North Cornwall

A crash that took place at the intersection of Rocherty and Quentin roads early Tuesdaysent a driver to the hospital. Thirty Five year old Jamie Showers of Lebanon was driving her vehicle westbound on Rocherty Road at the intersection of Quentin Road at6:44 a.m. Tuesday. As per the police, she attempted to make a left turn onto Quentin Road andshe failed to see a vehicle driven by Jessica Templin, aged 42, Lebanon, who was eastbound on Rocherty Road. Showers stated that she did not see Templin and thought it was clear to make the left turn. Showers, was however transported to WellSpan Good Samaritan Hospital and was cited for a turning violation.

Bethel

Fifty five year old Juan Fernandezcosme of Flushing, New York, was operating his vehicle while he was westbound on Interstate 78 at 7:32 p.m. Monday, when he lost control of his vehicle that caused it to roll on the roadway, according to state police at Lickdale. The vehicle stopped against the southern guide rail after rolling over. As per the police,Fernandezcosme received minor injuries from the crash and he was taken into custody for suspicion of driving under the influence of alcohol, and he refused to provide a breath sample. He was transported to central booking and got charges for a DUI.

Schuylkill

OvidiuAnca, aged 47, Kanata, Ontario, Canada, was driving his tractor-trailer southbound on Interstate 81 in the mile marker 104 area at 2:03 p.m. March 21 when the trailer began to sway on the snow-covered roadway as per the state police at Lickdale. The police stated that Anca lost control of the vehicle and hit a steep embankment causing the tractor to get pinned between the trailer and the embankment. No injuries were reported, and Anca was cited for driving on right side of roadway.

North Cornwall

Thirty eight year old Daniel Kreider of Lebanon was operating his vehicle southbound on North Mill Street at Oak Street at 4:21 a.m. Tuesday when he fell asleep and crossed the intersection and struck a broken utility pole before coming to a stop in a field. No injuries were reported.

Read the full article here: https://www.ldnews.com/story/news/crime/police-blotter/2018/03/28/north-cornwall-traffic-accident-sends-driver-hospital/462479002/

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Firefighter Trainee Accused Of Driving At 126mph And Hitting A State Trooper’s Vehicle While Off-Duty

Aspiring firefighter in Montgomery County, Md., Devin Robinson might need a really good driving impaired lawyer as he was drunk and at the wheel of his SUV when he raced past a Maryland state trooper at 126 miles per hour shortly after midnight March 17. As per court records Robinson slowed to 80 mph before ramming into another state trooper’s vehicle that was traveling in the same direction on Interstate 270 in Gaithersburg.

According to sworn affidavit troopers stated that they smelled “an overwhelming odor” of alcohol coming from Robinson. The troopers summoned Montgomery County Fire and Rescue Service which is also the agency for which Robinson was training in order to evaluate him for injuries. According to the affidavit, signed by Trooper Joshua Quase and filed in Montgomery District Court,Robinson sat on top of a hospital check-in counter as he called his wife. As per court records, Robinson yelled at the trooper and gave him a chest bump before two troopers placed him under arrest. Robinson was cited for DUI, reckless driving, disorderly conduct, resisting arrest and other counts.

Scheduled to graduate by mid-June, at which point he would have been assigned to a fire station and begun going on fire and rescue calls, Robinson is no longer enrolled at the training academy.According to court records,Robinson was accepted at the Montgomery academy and started in December and became a county employee with a salary of $46,000 a year. He had five days a week of class instruction and training,like his classmates, according to Pete Piringer, a fire and rescue department spokesman.

According to the trooper’s affidavit, the incident took place in the early hours of March 17 when a trooper parked in an unmarked car along northbound Interstate 270 near Route 28 was operating a speed gun in a 55 mph zone and Robinson zoomed past in his SUV and clocked at 126 mph.

Robinson’s 2017 Hyundai Santa Fe crashed into the back of a marked Ford Explorer driven by Trooper Potvin as per the court files, just moments before the trooper radioed a warning.

Read the full article here: https://www.washingtonpost.com/local/public-safety/off-duty-firefighter-trainee-accused-of-drunken-driving-at-126-mph-and-ramming-state-troopers-car/2018/03/25/45ed40a2-2ec7-11e8-8ad6-fbc50284fce8_story.html/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/