Ever wanted to get away with driving drunk? Move to Louisville

[ColonelSteve]

GOOD GOD ALMIGHTY

Jason Sterling drove down the middle of Goldsmith Lane, straddling the center line for about a half-mile on April 14, 2010, before he was pulled over, then failed a field-sobriety test and recorded a blood-alcohol level twice Kentucky’s legal limit.

But when Sterling’s case went to trial, Jefferson District Judge Donald Armstrong found him not guilty of driving drunk, court records show. Armstrong’s reason? He could find no law against driving down the middle of the road, so the officer who arrested Sterling had no reason to pull him over.

Anthony Cordova drove his Chevy Silverado into a wall on June 14, 2009, was found passed out behind the wheel and had a 0.26 blood-alcohol content — more than three times the 0.08 legal limit — when he was tested an hour later at a hospital, according to court records.

But at trial, Jefferson District Judge Katie King found Cordova not guilty of drunken driving, saying she couldn’t read hospital records that contained his blood-alcohol level.

“I can’t act as a doctor,” she said. “That would be like a doctor coming in here and practicing law.”

The outcomes aren’t unusual: A Courier-Journal review of 200 hundred DUI trials found that when defendants in Jefferson County request a trial by a judge — rather than a jury — the odds are good that they will go free.

http://www.courier-journal.com/artic...DUI-defendants

[Doc]

But at trial, Jefferson District Judge Katie King found Cordova not guilty of drunken driving, saying she couldn’t read hospital records that contained his blood-alcohol level.

While I hate to see anybody get away with DUI because of this, I'll have to say its a good defense. I get medical records all the time that are illegible. Its almost like Dr's think its funny or expected for them to write illegibly. In my practice, we have no hand written records. Everything is typed..100%. The only thing "written" is notes to the owner. We do this for 3 reasons. First, with a multi-doctor practice (we have 3) being able to read each others notes in important. Second is for legal reasons. I've had a couple cases go to court, fortunately none where I was the defendant, that our records got submitted. The is no way the record can be challenged and all our records are kept with an eye towards this. Finally, we often get requests for records from other vets. Sometimes its folks going to a specialist or moving or a second opinion...or they just don't like us. Makes it much easier for the guy getting the record to read. I can't count the number of times I've gotten records from another vet that I can't read so they go right in the trash. Its especially tough when the records come from an emergency clinic and I have to pick up the case when I have no idea what they found or did.

[CitizenBBN]

Wow. Great thread steve. I'm pretty sure driving down the centerline on a road is covered under "reckless driving" isn't it? The ever popular "moving violation"? Either the guy is an idiot or he didn't want to convict IMO. Mind you I'm not familiar with the details of the case and some weird stuff can happen, but basic public driving safety is covered in reckless driving and people are pulled over constantly for DUIs based on erratic driving as probable cause for the stop.

In Lexington probable cause for a DUI includes just being in given places at given times, or where you park. I got pulled over for suspicion and the officer even said I'd done nothing wrong driving wise but was leaving downtown at 2am. I was working late. A friend got stopped for leaving an outback near closing time, she hadn't had anything to drink and was never cited for any kind of moving violation. My debate coach had his tires chalked and was stopped when he parked at Sayre over the weekend b/c there are bars across the street and such.

[Darrell KSR]

Have no problem with the 2nd one, the 1st one is baffling. Crossing the center line isn't probable cause to stop the driver? Since when? That's bizarre beyond belief.

On the 2nd one, everybody is entitled to defend themselves. If medical records are illegible that go to the very heart of whether the person is guilty or not, how the tests were taken, whether they were from the right sample, whether the sample was tainted, a million other things, then depriving them--even though in my heart of hearts I *believe* they are guilty--is worthy of a not guilty verdict. Remember, that's not "innocent," just "not guilty." Hate to see someone be released on a "technicality," but that's more than a technicality to me.

[CitizenBBN]

I don't understand how they couldn't have gotten the records straightened out but if they couldn't then I agree there's not much you can do. If there's no documentation of the BAC you can't use those records as evidence.

[Catfan73]

I think part of the problem is the judges we have in Louisville. Katie King had zero experience when first elected, and basically got the seat because of her father's name and money.

[uklandrn]

Wow. Great thread steve. I'm pretty sure driving down the centerline on a road is covered under "reckless driving" isn't it? The ever popular "moving violation"? Either the guy is an idiot or he didn't want to convict IMO. Mind you I'm not familiar with the details of the case and some weird stuff can happen, but basic public driving safety is covered in reckless driving and people are pulled over constantly for DUIs based on erratic driving as probable cause for the stop.

In Lexington probable cause for a DUI includes just being in given places at given times, or where you park. I got pulled over for suspicion and the officer even said I'd done nothing wrong driving wise but was leaving downtown at 2am. I was working late. A friend got stopped for leaving an outback near closing time, she hadn't had anything to drink and was never cited for any kind of moving violation. My debate coach had his tires chalked and was stopped when he parked at Sayre over the weekend b/c there are bars across the street and such.

Lexington is the absolute worst for that. I was let go early one night (around 3am) and was driving home. Got pulled over and when I asked why I was told because it was 3am. I didn't realize driving at 3am was a crime. I immediately get mad - and of course the officer is a jerk back to me - but he had to let me go because I did nothing wrong. I understand keeping the streets safe but this is ridiculous!!

[Doc]

Lexington is the absolute worst for that. I was let go early one night (around 3am) and was driving home. Got pulled over and when I asked why I was told because it was 3am. I didn't realize driving at 3am was a crime. I immediately get mad - and of course the officer is a jerk back to me - but he had to let me go because I did nothing wrong. I understand keeping the streets safe but this is ridiculous!!

Not just Lexington. Happened to me here in FL. Saw an emergency at 2:00 am and as I was leaving the officer saw me, pulled me over because I was weaving (aka just checking to make sure you were not drunk). My office is right across from the Sheriff's dept which is comforting but in this case inconvenient. Still, it didn't upset me too much.

[Darrell KSR]

Friends of mine got arrested for DUI, and he was the victim of profiling.

Apparently the police were pulling over ALL cars who happened to be driving on the sidewalk that night, and that's profiling. And profiling is wrong.

Sent using Forum Runner. All typos excused.

[CitizenBBN]

Friends of mine got arrested for DUI, and he was the victim of profiling.

Apparently the police were pulling over ALL cars who happened to be driving on the sidewalk that night, and that's profiling. And profiling is wrong.

Sent using Forum Runner. All typos excused.

They call him Tater Salad.

[Darrell KSR]

I knew there would be one that would get that. Easily.