An ACT Magistrate has issued a stern rebuke to a New South Wales police officer who pulled his gun on a motorist who he claimed was trying to avoid a random breath test.
Video footage from the police dash cam was tendered as evidence in court when the motorist chose to defend the charge of drink driving brought against him.
The video shows the officer running towards the driver with his pistol drawn, and leveling it at the driver’s head.
The video shows the officer tapping his gun twice on the driver’s car window, before the driver gets out of the car with his hands raised. The officer then directs the driver to lie face down in the centre of the lane.
Once the driver is on the ground, the officer holsters his gun and knees the man in the back before handcuffing him, then punching him in the upper-back.
The arresting officer told the court he noticed the motorist slow his vehicle down as he approached a breath test station on Canberra Avenue, Queanbeyan in January last year.
The officer claimed that after slowing down momentarily, the driver then swerved and turned down a side road.
The driver was stopped in Woods Lane in the ACT.
ACT police arrived a short time later, and the arresting officer told them that the driver returned a positive breath test. The driver was then taken to Woden police station and charged with drink driving.
The driver’s defence lawyer argued the arrest was unlawful because of the officer used excessive force. The lawyer also pointed-out that the officer had failed to advise the driver of the reason for the arrest.
The court also heard that the officer neglected to record information about the nature of the arrest in his incident report, which is a requirement under police guidelines.
ACT Magistrate Margaret Hunter found that the officer’s conduct was uncalled for – particularly his act of pointing the gun at the driver’s face.
The officer said he felt his actions were reasonable. He also claimed to be unaware of the requirement to record information about pulling the gun.
He said he felt scared and threatened because the area was dark, and was concerned there may have been several people in the car.
But the Magistrate noted the road is well-lit, and there had clearly only been one person in the car – as evidenced by the dash cam footage. She said the officer could have handled the situation in several other ways if he was indeed frightened – including remaining in his car, calling for back-up and waiting for other police to arrive.
Her Honour also found that while the Senior Constable claimed he had informed attending police of what had occurred, it was clear from their evidence that he had not mentioned pointing his gun at the driver’s head or kneeing him in the back.
Not Guilty of Drink Driving
The Magistrate ultimately found the driver not guilty of drink driving because the NSW officer’s breathalyser was not an approved device under ACT law, and Canberra police failed to conduct their own breath test at the scene. She ordered that police pay the driver’s legal costs.
NSW Police say they intend to investigate the officer’s conduct.
A leprechaun walks into a bar. After several pitchers of beer, the leprechaun runs over to a large, mean-looking guy, sticks out his tongue and spits all his legs. The guy reaches out to grab the leprechaun, only to miss him as he jumps back to his seat.
“If you know what’s good for you, don’t come near me again, or I’ll rip off your little tallywagger,” yells the mean-looking guy.
After a few more pitchers, the leprechaun runs over to the mean-looking guy, sticks out his tongue and spits all over his legs again. This time, the guy successfully catches the leprechaun.
“All right, I’ve got you this time. I warned you — now I’m gonna rip off your little tallywagger!”
The leprechaun laughs, “You can’t do that.”
“Why not?” asks his captor.
“Because,” giggles the leprechaun, “leprechauns don’t have tallywaggers.”
“Whadda ya mean you don’t have a tallywagger?” growls the angry man, “How in the hell do you pee?”
“Just like this,” laughs the leprechaun as he sticks out his tongue and spits.
A West Carrollton man faces charges of OVI and leaving the scene of an accident after a car hit a Miamisburg school bus Monday morning and the driver fled, records show.
No injuries were reported as the bus en route to Miamisburg Middle School was hit from behind while stopped shortly after 7:30 a.m. on King Richard Parkway near Lea Castle Place, according to a school district official.
Roger L. Back Jr., 51, on Monday was charged with OVI and hit-skip/leaving the scene, according to Miamisburg Municipal Court records.
Miamisburg police records indicate Back was the driver of the car in the bus accident.
The number of students on the bus at the time of incident was unclear, said Miamisburg schools Director of Business Scott Gilbert, but “everybody was OK” and the bus incurred “very minor scrapes.”
Witnesses said a Honda was following closely behind the school bus when the bus stopped to pick up students, police records show. While the bus was stopped, the Honda “stopped very close” behind it, records show.
While attempting to pull around and pass the school district vehicle, the car hit the bus twice before it “backed up, pulled around the bus and left,” witnesses said in police records.
Back’s next court date is Sept. 27, court records show.
Blog | Law Office of Lance Turnbow
As a Texas criminal defense attorney I handle many DWI cases. These cases are complicated and require a lot of effort and skill to obtain the best outcome. Some are dismissed, some are reduced to lesser charges, some are resolved with no probation, and some (especially DWI 2nd’s or DWI 3rd’s) involve a probation period. On that probation one of the main problems for my clients is the ignition interlock device.As of right now in Texas, if you are convicted of DWI and your blood alcohol level is .15 or higher you will be required to install one of these devices on any vehicle you drive for at least half the term of any probation. If you are on probation for a second DWI, regardless of your BAC, you must have an ignition interlock device installed on any vehicle you drive. Many of these devices are made by Draeger or Smart Start and they have to be calibrated frequently to ensure accuracy. The number one reason my clients violate their DWI probation is without a doubt ignition interlock violations.If you are facing a DWI and hope to avoid having an interlock device installed on your vehicle contact the Law Office of Lance Turnbow. In a lot of my cases I can find a way to avoid the interlock requirement and in many cases avoid probation entirely.
Truck WAUSAU (WAOW) -A 27-year-old man was arrested Friday morning after he crashed a truck into a Wausau home’s gas meter just before midnight Thursday, according to Wausau Police.Officials say the driver, Jacob Jackson, left a bar on 3rd Ave. in his girlfriend’s truck.He was heading northbound on S. First Avenue when he hit a parked car, pushing it a few hundred yards down the road. Authorities say, Jackson’s truck hit a gas meter on the side of a home, but only caused cosmetic damage.The home’s owner, along with a few other people kept Jackson on scene until law enforcement arrived.”We convinced him to get in the driveway, tried taking off, so we held him on the ground until police got here,” said Allen Eckes, the home’s owner.Jackson was taken to the hospital with minor injuries.Officials say speed and alcohol are believed to be factors in the crash.Jackson arrested for his second OWI, misdemeanor bail jumping, and he was issued multiple traffic citations. He was booked in the Marathon County Jail on Friday morning, and later released. No charges have been filed.
August 9, 2017
If you are pulled over in Oklahoma and accused of drinking and driving, it is likely that you will be asked to participate in various field sobriety tests such as a portable breath test. The majority of the tests that are given are actually even difficult for sober people to complete with 100% accuracy, and are therefore considered to induce a guilty result. Once a field sobriety test is failed, the officer then has probable cause to make the arrest. Refusal of a test may itself result in probable cause for your arrest, but will end up in less strong evidence that could be held against you further down the line.
To answer the question at stake, “can I refuse a portable breath test?” The answer is, not only can you refuse it, but it is actually advised that you refuse it if you have put any alcohol into your system at all. The reason for this is that the test measures your blood alcohol concentration, but not your level of impairment; and impairment levels are different for different people in relation to said blood alcohol concentration. For example, for some people, their level of blood alcohol concentration will be above the legal limit, but they are still not incurring any level of impairment.
If you are arrested, regardless of your refusal or consent, you must clearly state to the police officer that you want an attorney, by doing so, any questioning will have to be postponed until your Oklahoma City DWI attorney is present. According to the Implied Consent Law, prior to your arrest on suspicion of a DUI, you will then be asked to receive a test for the analysis of the alcohol content of your blood. The police officer is required to read you the Implied Consent Warning before your consent and submission to the test. Although, in this case, you do still have the right to refuse the test, but said refusal will result in automatic suspension of your license. This in itself will be of separate offense from any potential DUI charges you may still potentially incur. Even if said blood alcohol test does not result in your favor, an experienced DWI lawyer can still provide you with an adequate defense case.
There are serious consequences to a DUI offense, whether it’s a first offense or a misdemeanor DUI conviction, and the repercussions can affect you for the rest of your life. From jail, to license suspension, to expensive fines and insurance costs, to permanent record implications that can affect your education, or career, and future finances, these are among the many reasons as to why it is so important that you hire a skilled DUI attorney to assist you in your case. If you are looking for a DWI lawyer in Oklahoma City, here at Worden Law, we are confident in our ability to help you fight to the win. Don’t hesitate to contact us today, and let us help you get your life back on track.
A good looking woman walks into a bar wearing a tube top. She raises her hand to signal the bartender for a beer, revealing that she does not shave her armpits.
Meanwhile, a sloppy drunk on the other side of the bar signals the bartender, “Buy that ballerina over there a drink on me.”
The bartender replies, “What makes you think she’s a ballerina?”
“Because,” answers the drunken man, “any chick that can lift her leg that high has GOT to be a ballerina.”
Deputies: Merkel arrested after driving woman to site of prostitution bustby WHAMMerkel.PNGAAVictor, N.Y. – A woman convicted in the crash that killed a Fairport teacher in 2012 is facing new charges in Victor.Megan Merkel, 28, was convicted of DWI and traffic charges in connection with the death of Heather Boyum, She is now accused by Ontario County Sheriff’s deputies of driving with a revoked license.Thursday, deputies and Canandaigua Police arrested Maria Platten, 24, of Rochester after they say she agreed to have sex with an undercover officer. Deputies said Merkel was seen driving Platten to the hotel. They later determined her license had been revoked.Merkel has been charged with aggravated unlicensed operation in the second degree and criminal possession of a controlled substance. Deputies say she was in possession of crack cocaine.Platten was charged with prostitution and two counts of criminal possession of a weapon.The full criminal complaint can be read here: