Seven of Nine: Crossing the road is irrelevant.
Leonard Mayor Steven Bolin was arrested on a charge of driving while intoxicated following a traffic stop on Saturday night.
Leonard Police Department Chief Brian Meserole said at approximately 5:30 p.m. Saturday, 911 dispatchers received a call of a possible intoxicated driver near the intersection of U.S. Route 69 and East Fannin Street. Leonard Police responded to the scene and conducted a traffic stop of the reported vehicle. Once officers identified Bolin as the driver, Meserole said the investigation was immediately turned over to the Texas Department of Public Safety.
“Obviously there’s the conflict of interest — he is our mayor,” Meserole said of why that decision was made. “The best option for the city and the police department was to turn it over to another jurisdiction.”
In a statement provided by text message, DPS Staff Sgt. Mark Tackett said Bolin was allegedly found with an open container in the vehicle and was arrested, without incident, for DWI. It was unclear whether DPS troopers conducted a field sobriety test at the scene, but Meserole said he understood that investigators had taken blood samples from Bolin and were still awaiting the toxicology results Monday morning. Tackett said Bolin was booked into the Fannin County Jail on Saturday, but a representative of the correctional facility said he had posted a $4,000 bond and was released.
A Leonard city employee, who answered the phone, declined to comment Monday, and referred to a statement posted on the city’s website.
“While the events surrounding Mayor Bolin’s momentary indiscretion are unfortunate, the case remains open and, as such, we do not comment on open investigations,” the statement read. “Thank you for your understanding and cooperation.”
Bolin was elected as Leonard’s mayor in May 2016 and previously served as a city council member.
The rapper, whose real name is Belcalis Marlenis Almánzar, was charged with reckless endangerment and assault, a NYPD spokesperson told The Independent.
The fight reportedly occurred at the Angels Strip Club in Flushing, New York – where the singer’s husband Offset was performing.
While the full details of the incident are not clear, TMZ reported the charges are related to an altercation that occurred after Cardi B reportedly ordered an attack on two bartenders.
Joe Tacopina, the lawyer for the bartenders, called the attacks “vicious” and told People: “Cardi B ordered and committed violent assaults against my clients, and is being called to justice for her crimes. Apparently, she thinks her celebrity status puts her above the law, since she has bragged to multiple people and on social media that she orchestrated these vicious attacks.”
Cardi B has since been released from the 109th Precinct after she was fingerprinted and had her mugshot taken.
She will appear in court on October 29.
The rapper previously found herself embroiled in controversy after allegedly attacking fellow rapper Nicki Minaj during a New York Fashion Week party last month.
Scotty: I donna know, Captain, but it’s crossing as fast as it can!
Does the DUI breath test discriminate against women?
Washington DUI lawyer Ziad Youssef, founder of mytrafficman.net, has been researching this topic for several months. What he’s discovered is that the DUI machine that all drivers submit to after being arrested for driving under the influence of alcohol should adjust breath results based on factors like sex, height, weight and more, but does not.
“Washington uses the breath test to predict the level of alcohol in someone’s blood, but the breath test instruments do not adjust for physiological differences between people of different sexes or ages, for example,” Youssef says.
Smaller lung capacity can affect results
This is important because in the research article Sex Differences in Respiratory Function, the authors explained the differences they discovered between respiratory systems of men and women, and concluded that statistically, women do have a smaller respiratory system, meaning a smaller lung capacity than men.
And, according to researchers Michael P. Hlastala and Joseph C. Anderson, the smaller lung capacity can have an effect on the results of a breathalyzer test.
Specifically, when the alcohol breath test is being administered, the subject is asked to inhale ambient air and then exhale into the breath test a minimum of 1.5 liters of air. According to the statistics, in order to satisfy the 1.5 liter minimum requirement, a female driver with smaller lung capacity would have to exhale deeper into her lungs than a male driver of the same height, weight and age.
Exaggerated readings possible
Youssef argues that requiring females to blow deeper into their lung capacity than men is unlawful discrimination because, according to the article Physiological Aspects of Breath-Alcohol Measurements, the majority of the alcohol exhaled from the lungs comes from the deeper section of one’s lungs.
“In other words, the closer a person is to reaching the end of their total lung capacity, the more concentrated the results will be, and that means a higher breath test reading will result,” Youssef says.
“Consequently, women are put in greater jeopardy of giving an exaggerated reading.”
Youssef suggests that if the State wants to know what intoxicants are in a driver’s blood, they shouldn’t estimate it from breath, they should justify a warrant to the judge like the 4th Amendment requires and perform a blood test.
A court has reinstated DWI charges for a Montegut man accused of driving drunk on a riding lawnmower last year.
Burt Vogel was charged with his second DWI and driving with a suspended license on May 14, 2017, after a state trooper caught him driving a lawnmower on La. 55 while under the influence, prosecutors said.
After failing a field sobriety test, Vogel was taken to the Terrebonne Parish jail, where he submitted to a breath test that indicated a blood-alcohol content of .258 percent, authorities said. The legal limit for blood-alcohol content in Louisiana is .08 percent.
Vogel asked District court Judge David Arceneaux to throw out the charges, contending that a lawnmower does not technically count as a motor vehicle. During a hearing on Sept. 13, 2017, Arceneaux agreed with the defendant and dismissed the charges.
The law defines a DWI as “the operating of any motor vehicle, aircraft, watercraft, vessel or other means of conveyance” while the operator is under the influence.
Prosecutors appealed Arceneaux’s ruling with the Louisiana First Circuit Court of Appeal on Feb. 8, contending the trial court erred in granting the defendant’s request.
The state claimed Vogel was driving the lawnmower to transport himself from one place to another, thus his DWI arrest was in accordance with the law.
In its Sept. 24 ruling, the appellate court sided with prosecutors and reversed Arceneaux’s decision to toss out Vogel’s charges.
“The words ‘motor vehicle,’ ‘aircraft’ and ‘vessel’ refer to inanimate objects of which the operation and control is dependent on the actions of the driver,” the court wrote. “The Traffic Code, itself entitled ‘Motor Vehicles and Traffic Regulation,’ provides a definition for ‘motor vehicle’ as well as ‘vehicle.’ ‘Motor vehicle,’ in pertinent part, means every vehicle which is self-propelled. ‘Vehicle,’ in pertinent part, means every device by which persons or things may be transported upon a public highway or bridge, except devices moved by human power or used exclusively upon stationary rails or tracks.
“Considering the plain words of the statute and consistent with the legislative history, we find that the legislature intended to protect the public from the type of actions alleged in this case,” the court continued. “The legislative history implies a legislative concern to regulate the use and operation of any motor vehicle or other means of conveyance and to safeguard the people of this sate from injury or death caused by drivers who operate their self-propelled vehicles while under the influence of intoxicating liquor or narcotic drugs.”
Although there may be circumstances where the DWI law does not apply to lawnmowers, Vogel’s case is not one of them, the court said.
Assistant District Attorney Ellen Doskey, who handles appeals for the 32nd Judicial District, said she agreed with the ruling.
“The Court of Appeal said that a riding lawnmower is a motor vehicle when used as a means of conveyance, which is what the statute says,” Doskey said. “You can charge someone with DWI if they’re using a riding lawnmower as a means of conveyance. That’s the bottom line.”
Vogel’s case mirrors a similar pending DWI case in Lafourche Parish.
Brian Cheramie, 59, of Cut Off, was charged with his second DWI about 12:15 a.m. May 19 after deputies saw him swerve into the westbound lane of traffic and travel back to the shoulder while riding a lawnmower on La. 3162, the Lafourche Parish Sheriff’s Office said.
Lafourche Chief Public Defender Mark Plaisance asked District Court Judge Steven Miller to dismiss Cheramie’s DWI due to some confusion in the legal language regarding what a vehicle actually is.
During a phone interview Monday, Plaisance said he did not feel the appellate court’s recent ruling would affect his case.
“I think in that case the First Circuit came up with a more factual ruling that defined a lawnmower as a vehicle,” Plaisance said. “I’m asking for a ruling of law rather than a ruling of fact. I think the cases are distinguishable from that perspective. The law is still vague. I’m still hopeful and somewhat confident that I can convince the judge.”
Scotty: Because she couldna take much morrrrrre.
Gandhi and Chugh approached the car and asked the driver to step out and realised it was Tahil. “We noted down the number of the car. Meanwhile, Mr. Tahil started arguing and pushed us. Mr. Chugh called the police and a team from Khar police station reached the spot, and took all of us to the station,” Gandhi said in a statement.
Dalip Tahil has been booked for causing injury due to rash and negligent driving under the Indian Penal Code and for driving under the influence of alcohol under the Motor Vehicles Act.