DWI charges dropped against Canton man

Posted on Jan 05, 2012

Earlier this year, charges against a Canton male, who was charged with driving under the influence (DUI), were dropped due to a Fourth Amendment violation ruling. According to the judge, Town Justice Christopher R. Curley, the case was dismissed because a Fourth Amendment violation had transpired.

DWI Charges against Don M. Bush

According to reports, on March 10, Don M. Bush, who is 54 years old, was charged with aggravated DUI. He was detained on Calnon Road by law enforcement officers who accused him of driving under the influence. According to officers, his blood alcohol content (BAC) was 0.20.

Bush’s DUI Incident

According to court papers, Bush left his motor vehicle on the side of the road and walked home. But a law enforcement officer testified that his abandoned vehicle could have caused an accident. However, in Bush’s defense, his attorney, Richard V. Manning stated that the case was not about Mr. Bush being in an accident and leaving the scene of the accident – Mr. Bush was not involved in an accident.

Mr. Bush’s DWI Offense

Court papers state that officers spoke with several witnesses at the scene. Somehow, the officer conducting the investigation at the scene came to the conclusion that the case was a DWI (Driving While Intoxicated) case. During investigation, the officer found out that Mr. Bush lives close to where his vehicle was parked, so the officer decided to pay Mr. Bush a visit. The officer knocked on the door but no one answered. This is when the officer entered his home and found him in his bedroom.

Fourth Amendment Violation: DWI Defense

Mr. Bush’s lawyer argued that the officer entered his residence without permission. The officer had no probable cause or a warrant to enter the resident and because of this, Mr. Bush’s rights were violated. The judge agreed and dismissed the case on Sept. 12 due to a Fourth Amendment violation.

Was the Decision to Dismiss the Case against Mr. Bush Valid?

I actually agree with the decision. Without consent, probable cause, or a warrant, the investigating officer had no right to enter his home.

But what do you think? I would love to hear your thoughts on it.

DWI Defense      No Comments »    

How to Prevent Drunk Driving In Young Adults?

Posted on Dec 29, 2011

Preventing drunk driving in young adults is a question that worries every parent with teenage kids. The best solution is to handle the situation at home. A young adult driving drunk is a scary scenario and is a parent’s worst nightmare.

Adolescent DUI Scenario

It is half past ten and your child has not returned. After a worrisome hour or so, you hear a thud on the door and you recognize it as a police officer’s flashlight. When you open the door, you see the blue and red light flashing in the background and horrible thoughts go through your mind. The police officer tells you that you have to come down to the station to pick up your adolescent that has been arrested for drunk driving. After your initial thoughts, it is almost a relief to hear that your child has just been arrested and is not in a drawer at the morgue or comatose in ICU.

Key to Preventing Drunk Driving In Young Adults

After this scenario you and your kid need to sit down for a talk. You should give them the facts first. Start with the statistics and the end results of many DUIs. Do not do all the talking; give them a chance to explain themselves. If you listen long enough they may come to some positive conclusion on their own. Parents are not experts on the subject but they can prepare themselves before hand by reading up on all the advice that advocacy groups offer for free. Being involved at your sons or daughters school will go along way also. If you are extra vigilant and have a good relationship with your child, this conversation would have happened long before the patrolman’s knock on the door. The key is to begin early and stay involved in your adolescent’s life.

When It Comes To DUI, Somber Parental Choices Are the Key

Do maintain a good, positive bond with your child but don’t become the best friend who never really brings up serious issues with them. It’s good to understand your children but don’t be the cool mom or dad that buys alcohol for their adolescent children. The other extreme to avoid is the extremely authoritative parent that does not really listen to their concerns. A happy medium is needed to help prevent drunk driving in young adults.

Alcohol Abuse, DUI, Drunk Driving, Teenage Drunk Drivers      No Comments »    

Griffon Football Player Called Before the Court for DWI

Posted on Dec 22, 2011

Griffon football player called before the court for DWI (Driving While Intoxicated) charges. Missouri Western football player, Benjamin Pister was cited on Sept. 19 for driving under the influence (DUI).  Pister, a defensive lineman for Missouri Western State University, will be arraigned on Nov. 9 after failing to drive on the right side of the road. During the same incident, he was also cited for operating a motor vehicle without insurance.

Benjamin Pister DWI Offense

The citation occurred in Country Club Village where Pister was operating a motor vehicle under the influence and without car insurance. Pister was also arrested on Jan. 29 of last year for second-degree burglary and third-degree assault charges. According to reports, this arrest was due to a fight between a football and a baseball team.  According to the complaints by the baseball team, a group of Western football players attacked them. This incident led to Pister’s arrest, where he was ordered by a municipal judge to pay $200 in fines.

Head Coach Jerry Partridge Comments on Pister’s Citation

Pister’s coach, Jerry Partridge declined to comment on his DUI citation. He just said, “Anything that happens with our kids is going to be handled in house, and I’m not going to comment on it in public,” said Jerry Partridge. So there you have it! Yet another coach refuses to talk about the inappropriate behavior displayed by his players. So we’ll just have to wait and see what happens. It is typical for coaches to have their own in-house policy for incidents like this, so hopefully it’s more than just a slap on the wrist for Pister.

Missouri Western State University’s DWI Laws

MWSU’s Athletics Department Drug and Alcohol Policy states that their athletes go through alcohol and drug abuse awareness training. The policy also states that the University will make available a training program to educate the players about the dangers of abusing drugs and alcohol. It seems that Missouri Western State University (MWSU) prides itself on promoting strict rules to deter its student-participants from abusing these dangerous substances.

What do you make of the whole incident? Do you think laws got strict for him because of his celebrity status or he got advantage of being a celebrity?

Alcohol Abuse, Celebrities and DWI      No Comments »