Trial in fatal boating collision moved to late April

Mongan attorney agrees to trial extension to give expert time to prepare report

A trial date was set Thursday for Marc Mongan, shown here in court Thursday. The Oregon man is charged in a 2016 fatal boating collision. The trial is set to begin in late April.

OREGON – The trial of an Oregon man charged in a 2016 fatal boating collision now is set to begin in late April.

An attorney for Marc Mongan, 47, Thursday agreed to an extension of a speedy trial demand to allow more time for a defense expert to compile a report.

Judge John Redington rescheduled the trial, originally set to begin Wednesday, for April 23 to May 3.

Mongan is charged with one count of aggravated driving under the influence of alcohol, which carries 3 to 7 years in prison, three counts of reckless homicide, each of which carries 2 to 5 years, and three counts of reckless conduct, each of which carries 1 to 3 years, in the death of Megan Wells, 31, of Rockford.

Wells died June 24, 2016, when a johnboat Mongan was operating on the Rock River struck her as it went over the back of the pontoon boat in which she was riding, throwing her overboard.

On Jan. 30, Redington granted a motion from David Neal, of the Illinois State’s Attorney’s Appellate Prosecutor’s office, to continue the case until he gets the defense expert’s report.

Mongan’s attorney, Russell Crull, told Redington on Thursday that his expert wants to see the pontoon boat, which is in the custody of the Illinois Department of Natural Resources, then will need 2 weeks to write the report.

Crull is working with the IDNR’s legal department to set a date that the boat can be examined, he said.

The defense’s standard demand for a speedy trial mandates the trial must begin by March 15, unless the defense agrees to an extension of that deadline, to which Crull agreed.

Redington ordered the extension and said the expert must examine the boat by March 2 and have the report turned into the court by March 15.

Neal asked for time to file motions once he has seen the expert’s report.

Redington set a final pretrial hearing for April 5.

Police chief cited for drunken driving

Shawnee Hills Police Chief Russell Baron was cited Tuesday night for operating a vehicle while intoxicated, but his attorney says that his off-duty client only had one beer and should not have been arrested.

A Delaware County Sheriff’s deputy stopped Baron, 34, of Delaware, at 10:30 p.m. Tuesday near the Dublin and Home roads intersections in Concord Township, said Tracy Whited, a spokeswoman for the sheriff’s office. Whited said the report from the incident was not available yet.

Attorney Will Nesbitt, who is representing Baron, said the off-duty chief was stopped because part of his license plate was obstructed. Nesbitt said that Baron admitted that he had consumed one beer and he submitted to a breath test. Baron recorded a blood-alcohol level of .04 percent, which is below the .08 percent blood-alcohol level specified by the law.

Nesbitt said he doesn’t know why Baron was cited and that his client will plead not guilty for his court appearance next Monday in Delaware Municipal Court.

The Effects of Drunk Driving and How It Can Land You in Trouble with the Law

The Effects of Drunk Driving and How It Can Land You in Trouble with the Law

Disclaimer: The information below is meant to provide a background on the effects of driving under the influence of alcohol and how it can put you in a legal dilemma. All written in this article isn’t supposed to replace any sort of legal advice. If you’ve recently found yourself in trouble with the law for drunk driving, you would want to contact a lawyer who can help you with your case and ensure that your legal rights are protected despite what you did.

Some people find it rather easy to refuse to drink any sort of alcohol. Regardless if they’re hanging out with friends in some bar, visiting someone else’s home, or attending a party held in their workplace, they’re happy to socialize without drinking. However, like most other people, you might tend to give in easily when faced with the same situation, especially with the common reasoning that you’re only drinking occasionally anyway. So, perhaps a single bottle turns into three, then another one until you’ve drunk more than you should. But whereas walking yourself home while drunk is already bad enough, driving while drunk is worse as you have both yourself and your vehicle to steer right. Thus, you would want to understand the effects of drunk driving and how it can land you in trouble with the law.
What Are Some of the Effects of Drunk Driving?
When you’re driving, your eyes, hands, feet, and brain are working to ensure that you’re operating your vehicle correctly and safely so that you can reach to your destination all in one piece. However, when you’re driving under the influence of alcohol, you’re bound to experience any of the following negative effects that can put you in harm’s way:
● Slow reflexes.
● Blurry or impaired vision.
● Decreased tracking ability.
● Drowsiness.
● Shortened attention span.
● Tendency to make irrational decisions.
● Lessened eye-limb coordination.

How Can Drunk Driving Land You in Trouble with the Law?
Whatever the exact name that they use for the offense itself, every state has laws that prohibit anyone of legal drinking age to drive while under the influence of alcohol. As the act of drunk driving itself is a criminal offense with serious penalties, you might want to know the following things that could happen to put you in trouble with the law if ever you find yourself committing it:
1. Your driver’s license would get suspended temporarily.
Law enforcement officers can usually spot if you’re drunk driving while on the road. To further check if they’re right in passing judgment on you, they’d ask you to pull over the side of the road and undergo a blood alcohol test where they measure the amount of alcohol in your bloodstream – otherwise known as BAC or blood alcohol concentration. If the percentage of your BAC is equal to or greater than 0.08%, your driver’s license would be suspended for a certain number of days or even years before you can claim it back.
● If you had been charged with a DUI – or driving under the influence (of alcohol) – before or you refused to take a blood alcohol test, your driver’s license would be suspended longer than the minimum time allowed per state.
● Depending on where you committed your drunk driving offense, your driver’s license can even get revoked permanently if you’ve been charged with DUI for the third time.

2. You can get yourself prison time in some states.
Whereas some states would let you off the hook if it’s your first time to commit a drunk driving offense, others take it so seriously that they’d make you spend a few days or weeks in jail.
● If you’ve injured another person or even killed them as a result of your drunk driving, you would find yourself serving more than a few days or weeks in prison and charged with vehicular manslaughter.
● In case you commit drunk driving again after some time, you can face up to several years of incarceration.

3. You can still have a DUI charge filed against you even if you didn’t submit yourself to a blood alcohol test.
As there might be instances when a law enforcement officer failed to or didn’t correctly administer the necessary blood alcohol test to determine whether you’ll be charged with a DUI after you’ve been found drunk driving, a state prosecutor can turn to other evidence gathered against you instead.
● Since most roads come equipped with closed-circuit surveillance cameras, they can record if you’re driving erratically which can indicate that you’re doing it while under the influence of alcohol.
● Aside from a blood alcohol test, a law enforcement officer can also make you undergo a field sobriety test where they can ask you to walk in a straight line. Failing to do so can lead to you being charged with DUI as well.

While there’s absolutely nothing wrong with the occasional drink of alcohol, you would want to abstain from it if you brought your vehicle along with you on your way to a place or occasion where it’s served. That’s because even a single bottle or glass of alcohol can negatively affect your driving skills and get you in deep trouble if you attempt to steer your vehicle while under its influence as drunk driving is against the law in all states. In case you find yourself in trouble with the law after having committed drunk driving, you should start calling a DUI attorney as soon as possible who can assist you in evaluating your case and weighing your legal options. Better yet, if you really can’t resist drinking alcohol, you might want to leave your vehicle at home and take a cab or bus instead so that you don’t have to drive while drunk.

Dolly Allen

Dolly Allen loves to help those in need and aspires to one day become a career or nursing student. She loves to write about health and has written for places for many health related websites. She enjoys spending time with friends and family.

Alcohol and Drink Driving: What It Really Does To Your Mind

Alcohol and Drink Driving: What It Really Does To Your Mind

Alcohol and driving is not a good combination. In fact, driving while drinking or driving after consuming alcohol is punishable by law. Drinking after consuming alcohol not only poses a danger to yourself, but in the case of a DUI collision, it also puts the public’s safety in danger as well.

This article will tell you what alcohol does to your mind and how it can affect your driving.

What Alcohol Does To Your Mind?

Even a small amount of alcohol in your body can affect your mind and your body. Because of that, your ability to drive will be affected. Know that operating a vehicle requires your concentrate, quick reaction times, and good judgments all the time to avoid an accident. Alcohol can affect these skills though which could put yourself and others in possible danger.

Here’s what alcohol does to your mind and how it affects your driving skills.

1. Lack of coordination
Drinking alcohol heavily can affect your motor skills like your eye, hand and foot coordination, all of which are essential for safe driving. Without these essential coordination skills, your ability to avoid an impending accident or harmful situation is significantly reduced. It’s important to know the signs of lack coordination in an individual like swaying, trouble walking straight, and inability to stand straight. For people who are heavily intoxicated by alcohol, they may even have a hard time getting inside the car and finding its ignition.

2. Poor judgment
Your brain is responsible for how you judge certain situations, but this could be affected if you have alcohol in your blood. The ability to make good decisions while driving a car is essential. For instance, you need to make a clear decision as to what you should do if another vehicle cuts you off. Proper judgment is what will keep you alert and be aware of your surroundings while driving.

3. Loss of focus or concentration
Even a small amount of alcohol can reduce your ability to concentrate or focus. Driving requires full attention especially in keeping your car in a lane, controlling your speed, and being aware of the other vehicles around you. Your chances of being in an accident will increase if you lose concentration while behind the wheel.

4. Slow response time
Alcohol can reduce your response time. Good response time is essential for avoiding accidents while on the road. If alcohol is in your blood, you won’t be able to brake at appropriate times to avoid an impending accident. For instance, if the car in front of you suddenly stops, it takes time for your brain to process the situation causing you to react slowly as to what should you do to avoid the accident.

5. Decreased vision
Too much alcohol can leave you visually impaired. You may have noticed after drinking that your vision becomes blurry. This can affect your ability to drive, as you are no longer able to judge the distance of your car and other vehicles on the road. Also, your peripheral vision is also decreased. You don’t get to see everything clearly when looking straight ahead on the road.

If you experience any of these after consuming alcohol, it’s better for you to call a taxi or have someone to drive your car instead. It’s not worth putting yourself and the other’s safety in danger.

How Blood Alcohol Content Affects Your Driving

Driving with a blood alcohol content level of 0.08% is considered to be drunk driving and is a criminal offense. But even after one drink, alcohol can start to affect your senses, so it makes sense never to drink if you are planning on driving.

Here’s how various blood alcohol content levels can affect your driving:

● 0.02% – Your emotions, inhibitions, and judgment start to be affected which results in excessive talking and increased relaxation. You’ll also feel a slight increase in your body temperature and may experience mood swings.
● 0.05% – Your reaction times will be reduced. A person with BAC level of 0.05% will have lack of coordination, lack of alertness, reduced ability to identify fast-moving objects, exaggerated behavior, and increased lack of judgment although these signs may never be very obvious.
● 0.08% – You start to lose your speed control, your body coordination becomes worse, and you have a hard time concentrating on the road. It takes time for your brain to process what you see on the road.
● 0.10% – Your speech becomes slurred, your reaction time and judgment is very poor. You have a hard time controlling the vehicle.
● 0.15% – You begin to vomit and stumble most of the time. Your ability to drive is extremely affected.

The consequences of drinking and driving are not worth it. They can hurt your relationships, your social life, and your career. Not to mention that you may end up in prison for quite some time if you are arrested. So think again before you grab a wheel after consuming alcohol.

Jean Clark

Jean Clark is a professional writer and loves anything to do with law in business or in the public. She is family oriented, and she loves spending her free time with her family.

Suspects switched seats before OUI arrests: APD

Early Friday morning, Anchorage Police say they arrested two people for driving drunk on the city’s east-side.

Around 2:15, officers with the Impaired Driving Enforcement Unit (IEDU) conducted a traffic stop on a pickup truck at the intersection of Duben Avenue and Melody Place. APD spokesman MJ Thim says the truck had just left the parking lot of Cabin Tavern on Muldoon.

After pulling over, officers reported watching motion inside the cab and determined the driver and passenger switched places.

When officers approached the truck, 24-year-old Kristina Huffman was in the driver’s seat, while 30-year-old Eric Alexander was in the passenger seat.

Police reported smelling a strong odor of alcohol coming from the vehicle, prompting officers to conduct field sobriety tests– which were subsequently failed by both suspects, Thim says.

Huffman and Alexander were each charged with operating under the influence and taken to the Anchorage Jail.

 http://www.ktva.com/story/37204381/suspects-switched-seats-in-attempt-to-thwart-oui-apd

School board member faces misdemeanor charge

Steven Kenneth Anderson charged with second-offense drunken driving

CADILLAC — A longtime board member at Cadillac Area Public Schools is facing his second drunken driving charge after authorities said he was tested at more than twice the legal limit to drive.

Steven Kenneth Anderson, 59, of Cadillac, is again accused of drunken driving after Wexford County sheriff’s deputies on Sunday stopped him on Mitchell Street where he tested a blood-alcohol content higher than 0.17 percent, court records state. He was formally charged Monday in 84th District Court.

District officials are keeping quiet about the recent arrest. Most board members — including Anderson and President Mike Stebbins — declined to comment. Others — like Superintendent Jennifer Brown — didn’t return multiple phone calls on Tuesday.

“We’re a pretty solid group of people and I was sorry to read (about Anderson’s criminal charge) this morning because I have a high level of admiration for Steve,” said board Trustee Judy Coffey.

Coffey and her colleagues weren’t certain how the criminal charge could impact Anderson’s tenure on the board. The district’s website noted Anderson assumed the publicly elected position in 2002. His term isn’t set to end until 2020 but a criminal conviction could expedite his eventual departure.

Board bylaws noted a felony conviction would force a board member to immediately vacate their position. Anderson’s operating while intoxicated charge is a misdemeanor that carries a potential one-year jail sentence, if convicted. The bylaws don’t specifically address misdemeanor crimes.

Records state Anderson in 2011 — while serving on the board of education — was convicted of a similar charge of operating while impaired. His prior record didn’t appear to impact his role at the district but it could enhance a possible jail sentence if convicted for his latest charge.

Anderson — who also owns and operates the Cadillac Tire Center on U.S. 131 South — was released on a personal recognizance bond ahead of his next court hearing in February. County Prosecutor Jason Elmore has yet to provide police reports pending a Freedom of Information Act request.

Visit record-eagle.com for continued coverage as the criminal case proceeds in district court.

http://www.record-eagle.com/news/local_news/school-board-member-faces-misdemeanor-charge/article_77c2577a-1afc-5778-bf43-690187bd8dce.html