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Oregon Law Helping Drivers Receive Fair Compensation from Insurers, According to Attorneys at Susak & Powell

Oregon Senate Bill 306 requires insurance companies to pay auto accident attorney fees if they decline a claim of $7,500 or less and subsequently lose a lawsuit filed by the claimant

Portland, OR (PRWEB) June 30, 2011

According to Portland, Oregon personal injury lawyers from the law firm of Susak & Powell, P.C., a law on the books in the state of Oregon is having the desired effect of helping Oregon drivers who have smaller insurance claims receive fairer compensation from automotive insurance companies.

Senate Bill 306, which was signed into law in Oregon in 2009 and took effect last year, amends ORS 20.080 that provides for attorney fees in small tort cases. The amendment raised the maximum amount of a claim in which attorney fees are allowed under the statute to $7,500 in personal injury and property damage claims. The claims limit will go up to $10,000 on January 1, 2012.

“Although long overdue, this law has had a positive impact in our state because it sends a loud and clear message to Oregon drivers that they don’t have to be bullied by their insurers anymore,” said Gary Susak, a partner at Susak & Powell. “If you have a smaller insurance claim and your insurance company is refusing to settle your claim, you can go out and find an attorney who is likely to be more willing to take your case because â€" if they prevail in a lawsuit â€" they will be able to collect reasonable fees from the insurance company.”

According to Susak, the purpose of the law was to prevent insurance companies from forcing claimants to settle cases for less than what they deserve because the insurers knew that it was unlikely the individual would be able to find a lawyer willing to take their case for minimal compensation. Now that the law has been in effect for several months, it appears to be having the desired impact, according to attorneys at Susak & Powell.

About Susak & Powell


Susak & Powell represents people who have suffered serious injuries as a result of the negligence of others. The firm, which recently celebrated its 30th anniversary of practicing law in Portland, has from its inception specialized in personal injury, auto accident and wrongful death cases.

Susak & Powell represents clients throughout the state of Oregon and the Vancouver, Washington area who are seeking to recover individual losses from car accidents, trucking accidents, motorcycle/bicycle accidents, defective products, insurance claims disputes, wrongful death, and premises liability. Together, the firm’s attorneys have a combined experience of more than 100 years in personal injury law. For more information, please go to http://www.oregonaccidenthelpcenter.com.

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Debbie Strickler
Susak & Powell, P.C.
503.227.6722
Email Information

Teen killed in car-bicycle accident

DORR, Mich. (WZZM) -- A 14-year-old boy is dead after being hit by a car while on his bicycle.

The accident happened just before 8 p.m. Tuesday at 142nd Avenue and 20th Street in Dorr.

Witnesses told police that the Troy Thomas Tolan, from the Dorr area, was riding eastbound on 142nd and was swerving into the travel lane several times, before he swerved in front of a westbound pickup truck and was struck.  Police say that he was not wearing a helmet.

Police say the driver of the pickup truck was possibly under the influence of alcohol and was taken to the Allegan County Jail.  The Dorr-area man's name will be released after arraignment.

District Attorney Revisits Information Regarding Car on Bicycle Accident

LOWNDES COUNTY, Miss (WCBI)- District Attorney Forrest Allgood is revisiting information about a car on bicycle accident that left a Starkville biker in critical condition last month while riding along Highway 50 in Western Clay County.

Allgood says right now there's no evidence to charge the driver in that car-bicycle collision with a felony because she didn't leave the scene and wasn't under the influence.

This story has created quite a bit of controversy among those close to it and generated plenty of viewer feedback on our website so WCBI News asked some of you for your thoughts on the accident.

"If you're involved in an auto accident then you have to be charged according the law and there's is no forgiveness," said Richard Montalto of Lowndes County.

"We should be more forgiving because I really truly believe that it was an accident, so we should forgive her, she shouldn't be charged," said Denise Harristion of Lowndes County.

On May 22, Robbie Norton hit biker and Boardtown Bikes owner Jan Morgan as she rode her bike on Highway 50 in Western Clay County. According to a trooper's report, Norton got out of her car to check on Morgan and when she got back in, she ran over her.

"There were some discrepancies in the Highway Patrol's report. What they reported and what the witnesses were saying wasn't meshing and probably a week ago, we asked my investigators to go out and clarify that," said Allgood.

Witnesses said Norton was speeding and talking on her cell phone while driving.

Alllgood says he has no reason to believe Norton ran over the biker intentionally and statements from witnesses support that theory, but he still has to review some more information.

"We have not transcribed the digital recordings yet and when we do that, it will give me a chance to go through it line by line and see if that changes my opinion on things," Allgood replied..

Investigators haven't made any arrests because they don't have enough proof to call this incident a crime.

Allgood said there is no way of being able to tell how much longer the process will take.

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Attorney: Ms. Nevada's condition still critical following car-bus collision

Tuesday, June 28, 2011 | 4:53 p.m.

Click to enlarge photo

Ms. Nevada Tracy Rodgers

Reigning Ms. Nevada Tracy Rodgers remains in critical condition Tuesday afternoon after a traffic accident last week.

Rodgers was driving on I-15 near Moapa Thursday morning when her Red Camaro rear-ended a Chinese tour bus that was attempting to make an illegal U-turn.

Rodgers, 41, suffered fractures to her neck, back, wrists, pelvis and both legs and was rushed to the University Medical Center, where she has undergone several surgeries.

The bus was operated by U.S. Asian Casino Tours, but the California-based company’s operating authority had been revoked earlier in June for failing to provide proof of insurance. Eight passengers on the bus were also injured in the accident.

Rodgers, a nurse and single mother of two, was set to compete in the Ms. United States competition at the Las Vegas Hilton in July.

Driver in fatal crash posts $8K bail

WORCESTER â€"  A Sutton man quickly posted bail yesterday after his arraignment on a motor vehicle homicide charge in the death of a Millbury mother of two.

Nicholas D. Jackman, 23, of 60 Uxbridge Road, Sutton, was allegedly driving drunk Friday night on Grafton Street when his truck swerved from the northbound lane into the southbound lane, striking the car driven by 43-year-old Lynn M. Strzelewicz. The accident occurred near the Sunoco station at 1059 Grafton St. around 11:30 p.m.

The pickup truck rolled over the top of Ms. Strzelewicz’s car, became airborne and struck a second car, Assistant District Attorney Jeffrey T. Travers said in Central District Court.

Ms. Strzelewicz was trapped in her car and pronounced dead at the scene.

The third car was driven by a 19-year-old woman. She and her passenger were not injured.

“Two civilians assisted this defendant and his passenger from the pickup truck when it was on its side,” Mr. Travers said. The passenger, a family member, had a right arm injury and cuts to his body.

Witnesses told police Mr. Jackman smelled of booze. Police statements on file in court said he had glassy and bloodshot eyes and authorities smelled alcohol on his breath. Police reports and the prosecutor did not say whether Mr. Jackman had a Breathalyzer test.

Mr. Jackman appeared to be speeding before the accident, with witnesses telling police it looked like “he was doing a doughnut” right before the crash, court records said.

Not-guilty pleas were entered on Mr. Jackman’s behalf on charges of motor vehicle homicide while driving under the influence of alcohol and driving negligently, marked lanes violation, driving negligently and driving under the influence of alcohol.

Mr. Jackman was released after posting $8,000 cash bail. The case was continued to July 28.

Michael C. Wilcox, Mr. Jackman’s lawyer, told the court his client was trying to avoid another car when the accident occurred. Mr. Jackman is a graduate of Blackstone Valley Regional Vocational Technical High School and an employee of a paving company in Sutton, according to his lawyer.

Mr. Jackman’s sister, Jessica A. Jackman, 22, was killed in a 2008 vehicle accident on Interstate 495 in Marlboro. She was a passenger.

DA reopens biking case after outcry

District Attorney Forrest Allgood will reopen his investigation of the May 22 car-on-bicycle accident in Clay County amid mounting pressure from the state's cycling community.

Allgood said Monday his team will interview witnesses of the crash that left Starkville cyclist Jan Morgan comatose for a month. Their statements could change his initial opinion that motorist Robbie Norton committed no felony acts when she hit Morgan and then ran over her a second time.

That opinion had been based on written witness statements taken by the Mississippi Highway Patrol, which handled the wreck and ultimately decides whether to press charges. Allgood said his phone hasn't stopped ringing since the media reported his determination last week.

"This is all out of kilter," Allgood said. "I do not decide who to charge and who not to charge. I give advice, and at this time I don't see any felony charges."

Others have disagreed with Allgood, and the story has received attention from cycling groups nationwide. At home, state advocacy group Bike Walk Mississippi drafted a letter to Allgood urging him to enforce the law.

"I think the cycling community as a whole is very up in arms," said Bike Walk Executive Director Melody Moody. "This story is so mind boggling that I think people who haven't ridden their bike in 10 years are outraged."

The crash occurred mid-morning on an open stretch of Highway 50 in Clay County. Morgan and her friend Kim Richardson were pedaling single-file along the right side of the road.

Morgan, who had been leading the duo, dropped behind Richardson to take up the rear. A moment later, Norton struck Morgan in her 2000 Daewoo Leganza sedan.

"My recollection is the sound of the impact and the mass of the car next to me, very close," Richardson told the Daily Journal. "And then seeing Jan up in the air over the car after the impact and then continuing down the road before the car stopped, and she rolled off the hood."

The MHP accident report lists Norton's speed as 55 miles per hour. But Moneaka Jones, who was driving her 2004 Mustang behind Norton, said she was traveling 75 miles per hour and that Norton was going just as fast.

"When she hit Jan, she didn't dodge her, never slowed down," Jones told the Daily Journal. "She got out of the car, she was on the phone, saying 'I just hit a lady. You better get down here.'"

Jones said Norton peeked at Morgan, who was bleeding and unconscious, before getting back inside her car and slowly running her over.

"The front tire sat on Jan's head 45 seconds to a minute," Jones said. "You can hear it on the 911 tape, me telling her she was on top of Jan's head. Then she got off her head. She was in a state of shock. She attempted to get back in the car a third time actually but we wouldn't let her."

Norton did not return a call to the Daily Journal, but in an earlier interview she said she doesn't recall having run over Morgan the second time. Allgood said she had told him it happened as she eased her car off the road so as not to block traffic.

She also said she wasn't talking while driving but had grabbed her phone to call for help. Witnesses say she didn't call 911 but was instead on the phone with friends or family members.

"I was in shock," Norton said in the earlier interview. "This has been very traumatizing. I'm still sick about it. I'm having nightmares."

Morgan had spent a month in the critical care unit at North Mississippi Medical Center. She was transferred Monday to the Shepherd Center in Atlanta for rehabilitation, said her husband, David Morgan.

Morgan has expressed outrage that felony charges haven't been filed.

A felony is possible under only three circumstances, Allgood said: Leaving the scene of an accident that caused injuries; aggravated DUI; aggravated assault.

Norton stayed on the scene, even though witnesses reportedly prevented her from leaving. And she hadn't been drinking, though the accident report states no sobriety, breath or blood test was done.

For aggravated assault, Allgood said, he'd need proof Norton either intentionally hit and ran over Morgan or that she acted with reckless disregard to the value of human life - culpable negligence.

Neither Allgood nor the witnesses said they believe Norton acted intentionally. And culpable negligence applies only in extreme circumstances, Allgood said.

The Morgan family's attorney, Brace Knox, said this case is indeed extreme.

"The first time she hit her it was gross negligence," Knox said. "The second time, there was no compelling circumstance whatsoever to return and restart the vehicle."

Contact Emily Le Coz at (662) 678-1588 or emily.lecoz@journalinc.com.

Uganda: Attorney Held for Drink-Driving



The Monitor (Kampala)

Andrew Bagala

28 June 2011


Kampala â€" Traffic Police yesterday arrested a Principal State Attorney in the Registrar of Companies' office and impounded his car on allegations of drink-driving. The attorney was arrested after an incident in which he allegedly lost control of his car and rammed into a roundabout on Shimoni Road Subway at around 8am.

Metropolitan Police spokesman Ibin Ssenkumbi said the accident prompted them to do a test to establish whether he was driving under the influence of alcohol. "When we tested him with a breathalyser, we found out that he had consumed alcohol five times the recommended limit for motorists," Mr Ssenkumbi said.

The alcohol consumption limit for drivers is 35ml/100ml of breath but the principal state attorney allegedly measured 159ml of alcohol/100ml of breath. "So we charged him with driving under the influence of alcohol," he said. The principal state attorney told Daily Monitor that he was trying to avoid a motorist who was about to knock his car.

Similar incidents

Last week, a suspected drunk Kyambogo University lecturer lost control of his car and knocked dead a police officer on Jinja Road. He was also arrested and detained at Jinja Road Police Station on allegations of driving under the influence of alcohol. The Police say the number of road accidents has increased each year, and have attributed 80 per cent of road accidents to human factors such as driving under the influence of alcohol.


More News on allAfrica.com

AllAfrica - All the Time


Paulina Rubio Arrested in Miami After Car Accident

Mexican pop singer Paulina Rubio is charged in Miami with refusing to comply with police officers after a traffic accident.

According to an arrest report, Rubio's BMW collided with another car Saturday near Miami's Little Havana.

When asked to get out of her car, Rubio allegedly refused, cursed at an officer and said she was nervous and that "all of you Miami cops are abusive."

Photos: 50 Musician Mugshots

The officer placed Rubio in handcuffs. The report states that Rubio screamed for help and threatened to call her attorney.

Police say Rubio eventually calmed down and apologized. She is charged with refusing to obey a lawful command, obstruction of justice and disorderly conduct.

The report says Rubio wasn't taken into custody because she needed to breastfeed her baby. She'll have to appear in court.

© 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Debilitating Whiplash Injuries are No Laughing Matter, Stress Raleigh, NC, Auto Accident Attorneys

Raleigh, NC (PRWEB) June 27, 2011

The padded neck collar has become a common sight gag and plot crutch for sitcom writers over the decades, but the real-world facts are far from humorous; whiplash is a serious injury affecting thousands of people a year, many of whom aren’t properly compensated for their suffering and medical expenses.

“Whiplash is one of the most malignedâ€"and misunderstoodâ€"conditions that may result from a car or truck collision,” noted auto accident lawyer Aaron C. Hemmings of Hemmings & Stevens, P.L.L.C. in Raleigh, NC. “Its effects can cause genuine pain and suffering, and all motorists need to be better informed about this serious injury.”

What is a Whiplash Injury?

Whiplash is an injury to the neck caused when the head is thrown backward, forward, or side-to-side by a sudden and unexpected impact. Such an impact can also cause a neck sprain, which is an injury attributable to the fact that the ligaments in the neck are overstretched due to the strong jolt.

“Although whiplash may occur as a result of falling or a sports injury, the most common cause of whiplash is an automobile accident. Because a driver’s body is belted in, his or her head and neck are the only parts of the body that will move in a car or truck accident, and they will move violently,” noted car accident attorney Hemmings.

The mildest symptoms include short-term stiffness or soreness. At its worst, a whiplash injury can cause long-term debility due to severe headaches, muscle spasms, pain, and paresthesia, which is numbness or tingling in the extremities.

See a doctor immediately after an auto accident, then contact Auto Accident Lawyers Hemmings and Stevens.

If a person has suffered whiplash injury in a car or truck accident that is not their fault, they may be entitled to compensation. This can include the cost of the medical care necessary to treat the whiplash, lost wages suffered because they were unable to work due to their injury, and payment to compensate for their pain and suffering.

Because symptoms from a whiplash injury may be delayed due to excess adrenaline that typically follows a car or truck accident, it’s very important to be evaluated by a doctor as soon as possible after the accident.

Noted Hemmings, “A delay between the collision and treatment will allow the insurance company for the other driver to argue that you don’t actually have whiplash or that it was caused by something other than the accident.”

Immediate treatment by a doctor, he explained, is necessary not only to provide the proper care for an injury, but also because it will make it easier to prove the connection between a person's neck pain and the accident.

“A good doctor will document your symptoms, the treatment necessary to treat the whiplash, and the likely cause, making it easier for you or your auto accident lawyers to ‘connect the dots’ and prove that the car accident caused the whiplash,” Hemmings said.

Car Accident Lawyers Can Get the Money A Victim Deserves

Unfortunately, many people fail to do this simple but necessary duty, and end up in financial duress because of the eventual pain and suffering they can’t easily tie to their car or truck accident. Worse still, others accept immediate offers from the other driver’s insurance company that may seem generous at first, but turn out to be far less than the cost of the medical care they eventually need.

“The bottom line after any truck or car accident, no matter how minor it seems,” said auto accident attorney Hemmings, “is to first, seek medical care. Second, call car accident attorneys who specialize in getting people the compensation they deserve for what may end up being a seriousâ€"and seriously debilitatingâ€"whiplash injury.”

About Hemmings & Stevens, P.L.L.C.:
Hemmings & Stevens, P.L.L.C. is a boutique law firm in Raleigh, NC that specializes in workers compensation, insurance claims, motor vehicle accidents and personal injury claims. Since 2005, the firm has helped hundreds of clients get the fair treatment and financial settlements they deserve to live better lives, and as such, it enjoys an outstanding reputation among Raleigh, NC, personal injury law firms.

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Top 10 Safe Driving Tips for July 4th Weekend

06.27.2011â€" The first week of July is typically one of the busiest American travel periods of the year, as many people utilize the holiday for extended vacation trips. It is also one of the deadliest.

“Every traffic crash involves three elements â€" the driver, the roadway, and the vehicle,” says Central PA Auto Accident Attorney Jim Ronca. “Nationally and locally the vast majority of all traffic crashes involve some kind of driver error so drivers can greatly impact July 4th traffic safety by driving defensively.”

Fourth of July images inspire fireworks, parades, picnics and barbecues, red/white/and blue, concerts, and baseball games. What about safe driving? Last year, ten people died, 361 people were injured in 712 crashes investigated by the Pennsylvania State Police during the four day July 4th holiday weekend. Almost 8,000 people were cited for speeding and more than 300 people for DUI.

Don’t ruin your weekend or your life or that of someone else’s.

Here are 10 safe driving tips to follow for a safe 4th of July:

Before leaving, ensure that your vehicle is in good working order. Get a tune up; check tire tread and pressure, oil and fluid levels, working lights and windshield wipers, etc.

Buckle up for safety. In the majority of accidents, seat belts save lives. According to the Centers for Disease Control (CDC), seat belts reduce serious crash-related injuries and deaths by about 50%. Adults who live in rural areas are 10% less likely to wear seat belts (78% usage) than adults who live in urban and suburban areas (87% usage). Also, secure your infants and children in properly fitted car seats and booster seats.

Don’t drink and drive. All 50 states and the District of Columbia have laws defining driving impaired as a crime with a blood alcohol concentration (BAC) at or above a specified level, currently 0.08 percent (0.08 g alcohol per 100 ml blood). According to the CDC, one 12-ounce beer has about the same amount of alcohol as one 5-ounce glass of wine, or 1.5-ounce shot of liquor. Drinking alcohol slows reaction time and impairs judgment and coordination, all skills needed to drive a car safely. The more alcohol consumed, the greater the impairment. If you drink, don’t drive or make friends with a designated driver who does not imbibe. A 4-day weekend is not an automatic pass to drink and drive.

Observe speed limits. Allow plenty of time to get to your destination. Most likely you will have to share the road with thousands of other drivers, road construction, and possible rain and summer storms, so get used to it. You’re not in a race. Speeders don’t win.

Stay alert. Take a break when feeling drowsy. Take advantage of rest stops. Drive defensively.

Put the distractions away. Don’t talk on your cell phone while driving. Worse, don’t text while driving. Both require focus. You can only do one well. Program your GPS prior to leaving or while stopped, never while driving. Ask your passenger to change the CDs. Comb your hair and apply makeup upon arrival at your destination never while driving. Don’t eat or open or close food packaging while driving. Other vehicles may be getting in your lane, turning, or slowing down. In-car distractions diminish your chances of driving defensively when you need to most. One or two seconds of distractions can negatively impact your life and the lives of others.

“Thousands and thousands die each year as a result of distracted driving on our nation’s highway,” urges Attorney Joel Feldman, father of a daughter who was killed by a distracted driver. “The death toll rises dramatically during summer months especially for young drivers. We can all make a difference if we just remember to keep our hands on the wheel, eyes on the road, and stop trying to multi -task while we drive. “

Load SUVs properly. When loaded down with additional weight -- such as passengers, luggage, and equipment -- SUVs become less stable. Compared to most sedans and station wagons, SUVs have a higher center of gravity. With the extra weight, which typically rides above a SUV's center of gravity, the vehicle can tip over more easily.
Drive cautiously on rural roads. According to the National Highway Transportation Safety Administration (NHTSA), more accidents occur on rural roads than other venues.

Secure your pet. Most likely you wear a seatbelt. What about your dog? Cats and dogs should be secured in crates that are secured by straps or bungee cords in the event of a sudden stop. A loose pet or a hurling crate can crash through the windshield. Protect your 4-legged friends.

Act like your life depends on driving defensively. It does.

About Attorney Jim Ronca: For more than 20 years, he has focused his practice on major car and truck accident cases, as well as pharmaceutical drugs and medical device cases, and construction site injury litigation. Jim co-authored the most widely used reference book on automobile personal injury insurance law. He was voted one of the Top 100 Lawyers in Pennsylvania and was awarded an AV Peer Review Rating by LexisNexis Martindale-Hubbell. He handles auto accidents lawsuits in Central Pa.

About Attorney Joel Feldman: His 21-year-old daughter Casey was in a pedestrian crosswalk when she was struck and killed in New Jersey by a distracted driver who reached for a beverage. The Casey Feldman Foundation sponsors End Distracted Driving whose mission is to preserve life and promote safety through advocacy, education, and action. It is the family’s hope to prevent other families and friends from suffering the loss of a loved one because of distracted driving.

About Anapol Schwartz, Personal Injury Law Firm: Both attorneys are shareholders for the Firm. With more than 25 lawyers, Anapol Schwartz advocates for people and families adversely affected by catastrophic motor vehicle accidents in order to obtain compensation for injuries, medical expenses, and wrongful death. Anapol Schwartz has offices in Pennsylvania, New Jersey, West Virginia, Arizona, and of counsel in Ohio.

DUI suspect claims victim's bad parking led to fatal accident

An attorney for a Burbank man charged with striking and killing a prominent local doctor argued in court Friday that the victim was dangerously close to traffic at the time that he was hit.

A family practitioner and a married father of three, Jacob Orphali, 61, was making a house call on Oct. 12 when he was struck. The driver, 29-year-old Edmond Grigoryan, was charged with one felony count of gross vehicular manslaughter on suspicion of driving under the influence of a controlled substance and striking and killing Orphali with his car.

During the preliminary hearing on Friday, Grigoryan’s attorney, Alex Kessel, said Orphali had parked his car more than 18 inches from the curb, leaving him vulnerable as he exited and stepped into the two-lane street. Kessel also cited Glendale Police Officer Lynette Salazar’s report in which she attributed the cause of the collision to Orphali opening the car door before it was reasonably safe to do so, according to the Glendale News-Press.

Los Angeles County Deputy Dist. Atty. Melanie Buccat asked Salazar to describe Grigoryan’s demeanor on Oct. 12. “He appeared very sleepy, his eyes were droopy,” Salazar said. “He was slow to respond. I had to repeatedly repeat my questions. Based on the observations, I suspected he may be under the influence.”

ALSO:

Garden Grove ordinance targeting Vietnamese cafes takes effect

'America's Most Wanted' tipster said he saw Whitey Bulger in 2008

Mother accused of killing baby in microwave could face death penalty

-- Megan O'Neil, Times Community News


Wicomico Humane Society Honors Samuel Vincent's Legacy

SALISBURY, Md. - Friends and loved ones remembered Sam Vincent - a former deputy state attorney, who died one year ago in a tragic car accident on Saturday.

They held a special ceremony at the Wicomico County Humane Society - to make sure his life's work and legacy lives on. Vincent worked in Wicomico County as a prosecutor for 25 years - but his life came to a tragic end in an auto accident last June. But he was more than a champion for justice - and everyone knew he had a passion for pets. He adopted two dogs from the Wicomico County Humane Society and was a strong supporter of that organization. Which is why they named this pavilion after him. "We were touched with the pavilion dedicated today," said Vincent's twin brother Carl. "This is a good way for us and the community to remember Sam in a positive way."

When Vincent died - the family named the human society as benefactor of all donations made in his memory. They raised close to $9,000. "We were then faced with the wonderful dilemma of how to best utilize these donations. After much thought we decided on a pavilion," said Linda Lugo from the Wicomico Humane Society. The pavilion will be used as place for pet and potential owners to bond with each other away from the noisy confinements of the kennel. Something everyone is sure Sam would be very proud of. His fatal accident occurred on route 50 and Sixty Foot Road near Pittsville. He was just 52-years-old.

Ilion attorney's road to recovery after car accident inspires "Love. Healing. Miracles" tour

Story Created: Jun 24, 2011 at 2:20 PM EDT

Story Updated: Jun 24, 2011 at 2:30 PM EDT

ILION, N.Y. (WKTV) - An Ilion woman is talking about her road to recovery after being hit by a drunk driver two years ago.

Attorney Attorney Audrey Dunning was left with four damaged vertebrae in her neck, constant pain in her shoulder and neck, and a limited range of motion following the motor vehicle accident.

Today she says she's pain free thanks to some unconventional healing techniques, including the work of a faith healer.

She's now sharing her story about how faith helped her get through the toughest of times and is producer of a tour that starts in Albany on Sunday, June 26.

The event, called "Love. Healing. Miracles" is non-denominational and open to all at the Holiday Inn in Albany on Sunday from 2-6 p.m.

More information on the vent can be found at www.lovehealingmiracles.com

Click the video link for a full-length interview with Audrey Dunning.

Long Branch defense attorney charged with leaving scene of hit-and-run accident

LONG BRANCH â€" Ocean County authorities today charged a Long Branch criminal defense attorney with leaving the scene of a hit-and-run accident in Toms River last week and letting his assistant take the blame for it.

John Koufos, 34, was charged with knowingly leaving the scene of an accident, aggravated assault, hindering his own apprehension and witness tampering, said Ocean County Prosecutor Marlene Lynch Ford.

Koufos, a Brick resident, was on his way from an Ocean County Bar Association gathering at Gabriella’s restaurant in Ortley Beach when he struck Kevin O’Brien, 17, of Newtown, Pa., with his 2011 Lexus in the Silver Beach section of Toms River on June 17, said Deputy Chief Michael Mohel, a spokesman for Ford.

Koufos’ assistant, Craig Terlizzi, 40, of Brick, initially was charged in the hit-and-run. Ford said Terlizzi admitted to operating the car around the time of the accident.

"Our investigation now reveals Mr. Terlizzi’s statements in connection with that investigation were false and made with the intent of shielding his employer, attorney John Koufos, from responsibility for the accident," Ford said.

Ford said she dropped one charge against Terlizzi but added a new charge of hindering an investigation because of the alleged false statements.

O’Brien, who was on vacation with is family, was on his way from getting ice cream when the accident occurred around 9:30 p.m.

Toms River Police Chief Michael Mastronardy said at the time the car hit O’Brien on the shoulder of Route 35 north then immediately sped off. The vehicle, with a broken windshield, was found shortly before midnight in Mantoloking.

O’Brien was in critical condition at Jersey Shore University Medical Center in Neptune but has been improving, Mastronardy said today.

Superior Court Judge Wendel Daniels set bail for Koufos at $150,000 and ordered he have no contact with Terlizzi, Ford said.

Anyone with information about the accident is asked to call Ocean County prosecutor’s Detective David Margentino at 732-929-2027 or Officer Michael Brosnan and Cpl. Gary Flynn of the Toms River Police Department at 732-349-0150

Houston Car Accident Lawyer: Texas Governor’s Veto on Texting While Driving is a Mistake

Houston, TX (PRWEB) June 24, 2011

Texas Gov. Rick Perry’s recent veto of a bill that would ban texting while driving will put thousands of lives in jeopardy, Houston personal injury attorney Brad T. Wyly said today.

Gov. Perry said the proposal, which would have prohibited drivers from sending or reading text messages while behind the wheel, was too broad and called it a “government effort to micromanage the behavior of adults,” according to the Houston Chronicle.

Not so, said Wyly, who represents victims of serious motor vehicle accidents in Houston, Harris County, Galveston, Beaumont and the surrounding areas.

“This isn’t about Big Brother attempting to rule Texas drivers with an iron fist,” the Houston car accident lawyer said. “This is about preventing countless injuries and deaths on the roads. Cell phones have become a routine part of life nowadays, but they are unfortunately closely linked with incidents of distracted driving.”

The U.S. Department of Transportation breaks down distracted driving into three levels:

  •     Visual, in which a driver takes his eyes off the road.
  •     Manual, in which the driver’s hands are off the steering wheel.
  •     Cognitive, when the driver’s mind is focused on something other than the road.

Texting is the most reckless form of distracted driving because it incorporates all three levels, the USDOT says.

“That’s absolutely right,” agreed Wyly, whose Houston personal injury law firm, Wyly Law Firm, P.C., handles cases involving car, motorcycle and truck accidents and Texas wrongful death lawsuits. “When all of those mental functions are engaged, there is no way a driver who is texting can be safe. Multitasking and driving do not go together.”

In 2009, there were 3,310 Texas vehicle crashes caused by cell phone usage, according to the state Department of Transportation. Nationally, 5,474 Americans were killed and an estimated 448,000 were injured in accidents where distracted driving was the main cause, data from the National Highway Transportation Safety Administration shows.    

“That’s why a veto on texting while driving makes no sense,” Wyly said. “It’s true that there’s a balance that needs to be struck between personal freedoms and public safety, but in this case, it’s not just the texting driver whose life is at stake. Every single person around him or her is at risk from this type of negligence.”

Texas leaders made strides in the battle against distracted driving when they passed a law barring teens under age 18 from texting or using cell phones while driving several years ago, the Houston attorney said.

And it’s encouraging the sponsors of the recently defeated bill are pledging to renew the effort against texting while driving in 2013, Wyly added.

“But until that time, I know that I’m going to see more motor vehicle accident victims and their families who have been gravely or fatally wounded in crashes that involved reckless cell phone use and texting,” the Houston lawyer said.

“The best I can do is to help them receive the compensation they deserve for their injuries, especially while the laws on texting while driving remain behind the times.”

About Wyly Law Firm, P.C.

The Wyly Law Firm, P.C., is a Houston personal injury law firm that represents those injured in car, truck, motorcycle, bicycle or pedestrian accidents, throughout Houston and surrounding communities, including Harris County, Baytown, Pasadena, Galveston, Beaumont, Bellaire, Cloverleaf, Spring Valley, Missouri City, Aldine and Jersey City. The firm also handles business law issues and disputes.

Attorney Brad T. Wyly, the firm’s founder, is a skilled negotiator and lawyer. Wyly has extensive experience in personal injury cases, including claims involving complex accidents, catastrophic injuries and wrongful deaths. He has been named a Rising Star in Law & Politics magazine. To contact Wyly Law Firm, P.C., call (713) 574-7034 or use the firm’s online form.

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Judge intends to reject plea agreement in Sacajawea Park drunken driving death

Daniel Rogers was prepared to go to a treatment program as part of his punishment for the car accident that killed his friend when Rogers, driving drunk, missed an Orange Street curve and ran his car into the Sacajawea Park sign.

But on Thursday, Missoula County District Judge John Larson warned Rogers he intended to reject the plea agreement reached in the case.

Rogers, 36, pleaded guilty in March to vehicular homicide while driving under the influence in connection with the Oct. 26, 2010, crash.

David Mischock, 32, of Oregon, a passenger in the car, died after the Sacajawea Park sign went through the windshield and struck him in the head. A blood test showed Rogers' blood alcohol content at 0.203, more than 2 1/2 times the legal limit of 0.08.

When Rogers entered his guilty plea, Deputy Missoula County Attorney Patricia Bower said Mischock's family "is willing to give this defendant the benefit of the doubt."

But Larson apparently isn't.

The agreement called for a 20-year sentence with 15 years suspended. That time would have been served under Department of Corrections supervision rather than prison. Rogers also agreed to spend six months in the Connections Corrections or WATCh addictions treatment program, according to his attorney, Paul Ryan.

"The unique thing about this was that everyone was on board with the agreement," including Mischock's family, Ryan said.

In the past year, Larson has imposed prison sentences in two other high-profile vehicular homicide cases involving drivers who had been drinking.

Last month, he went beyond the terms of the plea agreement worked out for Traci LaJoie, 31, who pleaded guilty in March to negligent vehicular homicide in the death of a Missoula pastor. LaJoie told authorities she'd had about five drinks that night, according to papers filed in the case. Larson sentenced LaJoie to 20 years in prison, and doubled the amount of time she'll spend there without parole, from the plea agreement's two years to four years.

Last year, he sentenced David DelSignore, who pleaded guilty in the 2009 deaths of two Hellgate High School students as they walked along Highway 200 in East Missoula, to 30 years in prison with all but 15 years and five months suspended.

The judge's actions Thursday mean that Rogers can withdraw his guilty plea and opt for a trial in the case. Larson will meet with all parties on July 20 to discuss Rogers' options.

Reporter Gwen Florio can be reached at 523-5268, gwen.florio@missoulian.com or CopsAndCourts.com.

Attorney: Casey Anthony's parents want to know the truth

Anthony family atty clarifies comments

STORY HIGHLIGHTS

  • Attorney: Parents "have not come to any conclusion about whether their daughter is guilty"
  • Casey Anthony's mother says she conducted Internet search for the word chloroform
  • Cindy Anthony tell jurors she was trying to figure out why her dog was tired
  • Testimony comes as the trial nears the conclusion of its fourth week

Tune in to HLN's "Nancy Grace" at 8 ET for live reports from Florida with all the details of the Casey Anthony trial. And follow the action on Nancy's special Casey Anthony trial page.

(CNN) -- An attorney for Casey Anthony's parents says the couple has not come to any conclusion about whether their daughter is guilty of murder, comments that came as the capital murder trial neared the conclusion of its fourth week.

Attorney Mark Lippman made the statement the same day that Anthony's mother, Cindy Anthony, testified that she, not her daughter, conducted Internet searches for key words including chloroform and alcohol on the Anthony family computer in March 2008.

Prosecutors allege Casey Anthony used chloroform to render her daughter unconscious, then used duct tape to cover her nose and mouth, suffocating her. Caylee's remains, prosecutors allege, were then put into Casey Anthony's car trunk and eventually disposed of. The girl's skeletal remains were found in a wooded field on December 11, 2008, nearly six months after her family last reported having seen the child.

Defense attorneys say Caylee was not murdered, but that she accidentally drowned in the family pool on June 16, 2008, the day she was last reported to have been seen. They argue that Anthony and her father, George Anthony, panicked and covered up the death. George Anthony rejected that scenario in his testimony.

Casey Anthony, 25, is charged with seven counts in the death of her 2-year-old daughter, Caylee, in 2008, including first-degree murder. If convicted, she could face the death penalty.

Caylee was not reported missing to police until July 15, 2008, when Cindy Anthony tracked down her daughter and demanded answers regarding Caylee's whereabouts.

After telling CNN's Gary Tuchman that Casey Anthony's parents do not believe she is innocent, Lippman issued a statement Thursday clarifying his remarks.

Lippman said George Anthony never molested his daughter or helped cover up his granddaughter's death, as Casey Anthony's attorneys have alleged. But he said his clients have not come to any conclusion about whether their daughter is guilty of murder.

"They simply want to know the truth," Lippman told reporters. "They have no idea what happened. ... They just want both the state (prosecutors) and the defense to do their jobs."

Lippman's initial statement to Tuchman was discussed that night on "AC 360," a conversation that the lawyer mentioned Thursday.

"But this is important, and they wanted me to stress this," Tuchman said on the show Wednesday. "They love her, they support her and they do not want her to get the death penalty and they will do all they can to avoid her getting the death penalty in this case."

Tuchman said Thursday the statement "doesn't mean (the Anthonys) feel she's guilty of the charges against her." Saying someone is not innocent is not quite the same, he noted, as saying they are legally guilty.

Tuchman acknowledged Thursday that Lippman was "not happy" after the story aired. He said that in a follow-up conversation, he asked Lippman what he thought was taken out of context, and Lippman said he could not point to anything Tuchman said that was out of context, but said there was "too much hype" in the discussion. "That happens sometimes," Tuchman said.

He said Lippman also said that not everything he told Tuchman was mentioned on the show. That is true, Tuchman said, but added, "I certainly included every single thing that was important and relevant to this discussion."

In the courtroom Thursday, Cindy Anthony told jurors that she conducted the searches because she was trying to figure out what was making one of her Yorkie dogs "extremely tired all the time." Both the dogs ate bamboo plants in the backyard, she testified, so she started searching for chlorophyll to see if the plants were causing the dog's exhaustion.

A bacteria associated with chlorophyll production comes from different plants, she said, and some species of algae and seaweed produce natural chloroform, so the search led her from chlorophyll to chloroform.

She also was searching for other chemicals, including alcohol, she told defense attorney Jose Baez, because of a recent scare regarding hand sanitizers around small children. And she searched on some injuries, she said, because a friend of hers had recently been in a car accident and suffered head and chest injuries. She was, she said, "looking up specific terminology that someone had asked me to look up."

In a testy cross-examination, prosecutor Linda Drane Burdick noted that Cindy Anthony's work schedule showed she was working the days the searches were conducted, March 17 and 21, 2008. The witness said it was possible she could have been home, saying she went home early a couple of days that week.

"Were you or weren't you?" Burdick asked.

"The only thing that triggers that day for me is those computer entries," Cindy Anthony told the Orlando courtroom. "It was not a traumatic day for me like the last three years, so I can't tell you what time I went home."

Earlier in the trial, experts testified that someone conducted the keyword searches on a desktop computer in the home Casey Anthony shared with her parents.

The searches were found in a portion of the computer's hard drive that indicated they had been deleted, Detective Sandra Osborne of the Orange County Sheriff's Office testified Wednesday in Anthony's capital murder trial.

However, she told jurors, deleted material remains on a computer's hard drive and can be retrieved until it is overwritten by new data. It had not been overwritten on the Anthonys' computer, she said, and "a complete Internet history" was obtained.

The searches using the keyword chloroform were conducted in March, three months before Caylee disappeared, according to testimony.

It appears the computer user first searched for "chloraform" on Google and received results for "chloroform," said John Bradley, owner of the software development company that created the software used to retrieve the data. One of the search results was from Wikipedia.org, which was accessed, he testified.

Searches were also conducted on "how to make chloroform," "neck breaking" and "making weapons out of household products," Bradley testified.

Cindy Anthony testified Thursday she did not search for how to make chloroform or household weapons. She said she also did not search for neck breaking, but remembered a pop-up ad featuring a skateboarder doing a "neck-breaking stunt."

She testified that she told authorities about her search for chlorophyll earlier.

Orange County Sheriff's Department Sgt. Kevin Stenger, a forensic computer examiner, followed Cindy Anthony to the stand, where he was questioned about the report on the searches he compiled. Asked by Burdick whether a search for "how to make chloroform" would have showed up in such a fashion if someone had typed the word "chlorophyll," Stenger said it would not.

CNN's Lateef Mungin and In Session's Mayra Cuevas and Michael Christian contributed to this report.

Watch Nancy Grace Monday through Sunday starting at 8 p.m. ET on HLN. For the latest from Nancy Grace click here.

Car-on-bike accident not felony

TUPELO - The motorist who hit and severely injured Starkville cyclist Jan Morgan on May 22 will not face felony charges.

According to District Attorney Forrest Allgood, Robbie Norton of Cedar Bluff violated no state felony laws when she hit Morgan, carried the cyclist 165 feet on her car, and then ran her over again.

"People get in car wrecks all the time, and unfortunately people die in car wrecks all the time," he said. "And nobody's charged with a crime because there is no crime, because it's a terrible accident. And what you have here falls into that category."

Allgood said he was contacted by the Mississippi Highway Patrol, which is investigating the accident, to determine if any felony charges applied. But because Norton didn't leave the scene, wasn't impaired, and didn't intentionally or negligently hit Morgan, a felony wasn't committed.

"There was no drinking, no drugs, she didn't run a stop sign or a red light, she was going the speed limit, stayed in her own lane, she was not weaving," Allgood said. "Obviously, she violated the 3-foot law, which is a misdemeanor."

Allgood said Mississippi doesn't ban cell phone use while driving, either, and Norton can't be charged with that.

The MHP accident report states Norton was talking on a cell phone when she exited her vehicle; Norton had told the Daily Journal she wasn't talking at the time of the accident and called for help only after stopping.

Morgan's husband, David, said he's outraged Mississippi has no felony laws against drivers who kill or maim while talking on the phone or violating the state's 3-foot rule.

The 3-foot rule requires motorists to provide a 3-foot berth while passing cyclists on the road.

"It's got to be changed, because it's going to happen again," he said. "We all need to bring cell phone use in cars to the forefront."

Jan Morgan remains hospitalized at North Mississippi Medical Center since the accident. She has been upgraded from critical care, her husband said, but her long-term prognosis isn't yet known.

Contact Emily Le Coz at (662) 678-1588 or emily.lecoz@journalinc.com.

3 Medical Care Mistakes to Avoid After an Auto Accident

- Car accidents are the most frequent cause of severe injury in the United States, according to a report from the National Highway and Traffic Safety Association. In Indiana, the number of auto accidents rose by 6.6% from 2006 to 2008. It adds insult to injury when these tragic accidents are the result of another’s negligent or reckless behavior. Indianapolis car accident lawyers can help.

If you have been injured in one of the thousands Indianapolis accidents that occur each year, you may be entitled to financial compensation for your injuries through the assistance of one of Indianapolis’ car accident lawyers.

There are 3 mistakes that people commonly make with their medical care after serious Indianapolis accidents that can severely hamper the progress and success rate of their personal injury claim. Indianapolis car accident lawyers can assist you with your claim, but you are the best watchdog of your own health.

Your Medical Care: What to Avoid After Indianapolis Accidents

1. Failing to seek medical attention right away after Indianapolis accidents -- Sometimes symptoms don’t appear until after accident, so you should get checked out immediately. Even if it seems minor, be safe and have it looked at. If you wait until there are complications, the insurance company will allege that you didn’t seek immediate treatment because your injury wasn’t serious. Once you’ve tended to your injuries, you should contact one of Indianapolis’ car accident lawyers.

2. Being secretive about your medical history. Don't keep your medical history a secret from your doctor. If you have previous injuries, your physician needs to know about them in order to prescribe the most effective course of treatment. Indianapolis car accident lawyers should never counsel you to withhold information about your medical history in an attempt to make your injuries appear more serious. Doing so could result in getting the wrong kind of treatment for your Indianapolis accident’s injuries and causing additional harm. Honesty with your doctor is the best policy.

3. Neglecting to tell your doctor about all of your symptoms. Informing your doctor of the full range of your symptoms puts a powerful weapon in your arsenal; when your doctor takes notes about the symptoms you explain, he or she creates a medical record of your pain and suffering. Just like you shouldn’t hide any facts from your Indianapolis car accident lawyers, you should never hide any of your symptoms from your medical practitioners.

Avoid these common mistakes after Indianapolis accidents to protect yourself and one of your most valuable assets: your health. Indianapolis car accident lawyers know that a serious crash can have long-term ramifications, and the injuries sustained can impact your health for years to come. If you’ve been in injured in any Indianapolis accidents, reach out to one of Indianapolis’ car accident lawyers about seeking compensation.

A Helping Hand from an Indianapolis Personal Injury Attorney

When you have complications with your personal injury claim, an Indianapolis personal injury attorney can help you to alleviate some of the stress and anxiety associated with filing a claim. In order to get back on track with your personal injury claim, order a copy of our FREE book, Consumer’s Guide for Injured Victims: http://www.hereforthepeople.com/reports/consumers-guide-for-injured-victims.cfm , and then contact a personal injury attorney at the Hensley Legal Group for a no-cost consultation â€" 888-505-8232.

Murder trial delayed after attorney's car involved in Toms River hit-run

TOMS RIVER â€" A Long Branch lawyer whose car was involved in a hit-and-run accident in which a pedestrian was injured Friday night, had his client’s murder trial adjourned Tuesday while authorities investigate the accident.

Defense attorney John Koufos of the law firm Koufos and Norgaard was in Superior Court on Tuesday for what was supposed to be the opening of the retrial of a North Carolina man accused of murdering a Toms River teenager.

Instead, Superior Court Judge Francis R. Hodgson adjourned the trial of Koufos' client, Dennis Thigpen, 34, of Robersonville, N.C., who was to be retried for the June 5, 2008, gang-related slaying in Lakewood of Anthony Skyers, 18, of Toms River.

Hodgson said the ongoing investigation into the hit-and-run accident involving Koufos' car and the fact that Koufos now will have to testify about it to a grand jury would pose a distraction to the defense attorney.

Hodgson said it would be "prudent under the circumstances to adjourn the trial.''

Koufos agreed with the judge that the accident investigation would be distracting to him, and added: "I haven't been declared a target.''

Koufos said an assistant was arrested in connection with the hit-and-run accident. The attorney said he hasn't had access to his files in the murder case because they were in the car that is part of the accident investigation.

On Saturday, police reported they arrested Craig Terlizzi of Brick in the hit-and-run accident that injured Kevin O'Brien, 17, of Newton, Pa. Terlizzi is a legal assistant with the Koufos and Norgaard law firm.

Deputy Chief Michael Mohel of the Ocean County Prosecutor's Office said the accident investigation remains ongoing.

“We cannot comment on who or what the investigation is about at this time,” he said.

O'Brien remained in critical condition at Jersey Shore University Medical Center in Neptune, police said. O'Brien underwent surgery for leg and head injuries.

“We have spoken to some family members and his condition is improving,” said Toms River Police Chief Michael G. Mastronardy.

(Page 2 of 2)

Terlizzi, 40, was charged with numerous motor-vehicle violations, including endangering, leaving the scene, failure to report an accident and reckless driving, police said.

He told police he was operating a 2011 Lexus, which belonged to Koufos.

Mantoloking police located the Lexus parked on Downer Avenue before midnight Friday.

It was damaged and had a broken windshield, police said.

Several witnesses told police that the car sped up after striking the teen while he walked with friends on Route 35 in the Silver Beach section Friday night, police said.

The pedestrians had just gone to get ice cream when the victim was struck while walking on the side of the road, police said.

There are several witnesses, including the driver of the car behind the car that struck the teen, police said.

Anyone with information is asked to contact Toms River police at 732-349-0150 or county investigators at 732-929-2027.

Meanwhile, Hodgson scheduled a conference in the case of the delayed murder trial for Aug. 1.

Thigpen had been tried last year for Skyers' murder, but the jury was unable to reach an unanimous verdict on the murder charge and a charge of unlawful possession of a weapon. That panel, however, convicted Thigpen of conspiring to commit the murder and possessing a weapon for an unlawful purpose. He is to be retried on the charges for which the previous jury could not reach a verdict.

A co-defendant, Dyshon Ragland, 24, of Lakewood, was convicted in March of Skyers' murder and related crimes and was sentenced in May to 62 years in prison.

Hit-run delays murder trial

TOMS RIVER â€" A Long Branch lawyer whose car was involved in a hit-and-run accident in which a pedestrian was injured Friday night, had his client’s murder trial adjourned Tuesday while authorities investigate the accident.

Defense attorney John Koufos of the law firm Koufos and Norgaard was in Superior Court on Tuesday for what was supposed to be the opening of the retrial of a North Carolina man accused of murdering a Toms River teenager.

Instead, Superior Court Judge Francis R. Hodgson adjourned the trial of Koufos' client, Dennis Thigpen, 34, of Robersonville, N.C., who was to be retried for the June 5, 2008, gang-related slaying in Lakewood of Anthony Skyers, 18, of Toms River.

Hodgson said the ongoing investigation into the hit-and-run accident involving Koufos' car and the fact that Koufos now will have to testify about it to a grand jury would pose a distraction to the defense attorney.

Hodgson said it would be "prudent under the circumstances to adjourn the trial.''

Koufos agreed with the judge that the accident investigation would be distracting to him, and added: "I haven't been declared a target.''

Koufos said an assistant was arrested in connection with the hit-and-run accident. The attorney said he hasn't had access to his files in the murder case because they were in the car that is part of the accident investigation.

On Saturday, police reported they arrested Craig Terlizzi of Brick in the hit-and-run accident that injured Kevin O'Brien, 17, of Newton, Pa. Terlizzi is a legal assistant with the Koufos and Norgaard law firm.

Deputy Chief Michael Mohel of the Ocean County Prosecutor's Office said the accident investigation remains ongoing.

“We cannot comment on who or what the investigation is about at this time,” he said.

O'Brien remained in critical condition at Jersey Shore University Medical Center in Neptune, police said. O'Brien underwent surgery for leg and head injuries.

“We have spoken to some family members and his condition is improving,” said Toms River Police Chief Michael G. Mastronardy.

Terlizzi, 40, was charged with numerous motor-vehicle violations, including endangering, leaving the scene, failure to report an accident and reckless driving, police said.

He told police he was operating a 2011 Lexus, which belonged to Koufos.

Mantoloking police located the Lexus parked on Downer Avenue before midnight Friday.

It was damaged and had a broken windshield, police said.

Several witnesses told police that the car sped up after striking the teen while he walked with friends on Route 35 in the Silver Beach section Friday night, police said.

The pedestrians had just gone to get ice cream when the victim was struck while walking on the side of the road, police said.

Anyone with information is asked to contact Toms River police at 732-349-0150 or county investigators at 732-929-2027.

Trial opens for teen in traffic accident

CONEJOS â€" The trial of the 18-year-old girl accused of causing three deaths in an Aug. 14 car accident in Capulin with her reckless driving opened Tuesday.

  Defense attorneys for Pamela Maestas pinned the blame for the accident on a pedestrian who jumped in the road, while Deputy District Attorney Rayna Gokli pointed to the 90-mph to 100-mph speeds at which the teen drove.

  "She was going way too fast for the conditions," Gokli said during the opening of the bench trial presided over by Senior Judge Peter Booth.

  The posted speed limit on Colorado 15 as it runs through the small town is 35 mph.

  Maestas was charged as a juvenile with three counts of felony vehicular homicide, three counts of felony reckless manslaughter and a felony charge of vehicular assault.

  She also faces three counts of careless driving resulting in death, one count of reckless driving and another count of reckless driving resulting in injury, all of which are traffic offenses. 

  But Public Defender David Lipka would point to Alejandro Quintana, a bystander who jumped in front of the truck carrying his friends. 

  Quintana, 19, faces a June 26 trial for three counts of criminally negligent homicide.

  "But for Mr. Quintana's actions that night, this accident never would have happened," Lipka said, noting that the highway through town is straight. 

  The truck, after missing Quintana, swerved off the road into a stone fence and rolled twice, taking out two utility poles and hitting two parked cars. 

  Capt. George Dingfelder, a 16-year veteran of the Colorado State Patrol, said he was the second from his agency on site.

  "It was one of the worst, most destructive crash scenes that I have seen in my 16 years," he testified.

  Three of the truck's passengers would be ejected during the accident.

  Ermidia Gonzales, 16, and Derek David Martinez, 28, died on scene, while Jason Rousey, 29, died en route to the hospital.

  John Rousey, who wore a T-shirt Tuesday memorializing his son Jason, said he was awakened from bed by one of his son's friends and went to the wrecked truck where he found Maestas pinned under the steering wheel.

  Tiffany Atencio, Rousey's sister, and two cousins Clarence Rousey, III, and Nicole Barela, testified likewise.

  Both Atencio and John Rousey would testify to speaking to John Rousey before he was loaded into the ambulance. 

  Firefighters and medical personnel, who were delayed in getting to the truck because of a sagging power line, would not see Maestas pinned behind the wheel, although they would point to her being in the front seat upon their arrival. 

  Maestas, and another passenger, 16-year old Nakoa Martinez, of Capulin, were both hospitalized following the accident.

  The trial is scheduled to last three more days.

Negligent homicide case may hinge on blood test

The fate of a Franklin woman charged with killing a mother of four may hinge on a vial of her own blood.

In Merrimack County Superior Court yesterday, attorneys wrangled over whether the Franklin police followed proper procedures when they took a blood sample from Lynn Dion, who is accused of fatally hitting Genny Bassett with her car almost two years ago.

Dion, 43, was charged with negligent homicide last November, and her trial is tentatively scheduled to begin next month.

A witness told the police Dion, who lives on Terrace Road, was the driver of the Toyota that hit Bassett on Central Street in Franklin on June 28, 2009. Bassett died almost a month later after her family removed her from life support.

When approached by the police on the night of the accident, Dion said she hadn't been drinking alcohol before the accident but was on prescription medicines including methadone, Neurontin, verapamil and Zoloft, according to court documents.

At the time of the accident, Dion told the police she "did not feel tired or impaired as a result of these medications and that she had last taken medication around 5:30 p.m.," according to arguments filed in court.

Dion told the police she had been on methadone for three years and the other medications for about nine years, court documents said. Court records did not indicate what medicine she was taking the night of the accident.

What happened after her conversation with the police is at the heart of a motion to suppress the blood evidence filed by Dion's attorney, Robert Hemeon.

On the night of the accident, a police officer asked Dion if she would agree to go to Franklin Regional Hospital for a blood test. She consented.

"Absolutely, I wouldn't dream of doing it any other way," Dion told the police officer, according to documents filed by Rachel Harrington, assistant Merrimack County prosecutor.

But Dion did not sign a written consent form until July 2. On that form, she acknowledged that the blood would be tested for drugs and alcohol. The form also stated she would have the right to have the blood tested by an independent party, but the blood would only be kept for 30 days.

Dion was never informed of the results of the tests or allowed to have her own analysis done before the blood was destroyed, which Hemeon argued to Judge Richard McNamara yesterday is a violation of both state law and her constitutional right to due process.

"She was denied the right to have a second test," Hemeon said.

But Assistant County Attorney George Waldron said the state law requiring that Dion be notified wasn't in effect in this case because Dion was never arrested. He likened the situation to one in which a swath of a person's clothes is taken, or if a person's car is searched.

"There's no requirement that she be given the opportunity to test those items," Waldron said of the car and clothes.

Dion's blood test results were not available yesterday.

Prosecutors must meet a higher threshold to prove negligent homicide in fatal car crashes since a 2009 state Supreme Court decision that said some degree of driver inattention by itself isn't criminal.

The high court overturned the conviction of Joshua Shepard, who killed three motorcyclists in Thornton after briefly crossing into oncoming traffic. Shepard was neither speeding nor intoxicated during the accident.

Now, to get a negligent homicide conviction in a motor vehicle accident, prosecutors need to show an aggravating factor to win a conviction.

In Dion's case, the police have not elaborated on the circumstances of the accident, but Waldron told McNamara the police could not have arrested the driver because they had no probable cause at the time.

McNamara cut the hearing short after about 20 minutes because he had not had the opportunity to thoroughly read everything that had been filed, and Waldon said he had not had the opportunity to examine one of the defense's arguments. (next page »)

Teen killed in South Thomaston crash

SOUTH THOMASTON, Maine (NEWS CENTER) -- State Police are investigating a car accident Monday night that killed a teenage girl.

Maine Public Safety spokesman Steve McCausland says 17-year-old Aleisha Sonksen of Owls Head was killed. Sonksen was a passenger in a small sports car that went out of control on Route 73 and rolled over several times. The crash happened just before midnight.

The driver of the car, a 17-year-old male also from Owls Head, received minor injuries in the crash. He was treated at Penobscot Bay Medical Center in Rockport. Because he is a minor, his name is not being released.

McCausland says State Police troopers and Knox County Sheriff's deputies are investigating the crash. When the report is completed, it will be reviewed by the District Attorney's office.

NEWS CENTER

Jackass star Ryan Dunn killed in car crash

Tuesday 21 June 2011

Jackass star Ryan Dunn has been killed in a car crash. Shortly before the accident, Dunn posted a photo on Twitter that apparently showed him drinking with friends.

Police say Ryan Dunn died when the sports car he was driving came off the road in Philadelphia and burst into flames.

An unidentified passenger also died in the crash that happened early on Monday morning.

The daredevil personality, 34, was part of the crew in the Jackass movie franchise that specialised in risky pranks and stunts.

A police statement said a "preliminary investigation revealed that speed may have been a contributing factor to the accident".

The Ohio-born Dunn posted a photo on Twitter shortly before the crash which seemed to show him drinking with friends - it has since been removed.

My heart goes out to his family and his beloved Angie. RIP Ryan , I love you buddy. Johnny Knoxville

On his Twitter account Dunn described himself as a "TV personality, movie star, automotive enthusiast".

In 2005, Dunn was charged with driving under the influence of alcohol and entered a first offender's program that allowed him to clear his record after a certain period of good behaviour, said Patrick Carmody, Assistant District Attorney in Chester County.

Dunn's Jackass co-star and friend Johnny Knoxville tweeted: "Today I lost my brother Ryan Dunn.

"My heart goes out to his family and his beloved Angie. RIP Ryan , I love you buddy."

Besides the Jackass movie franchise that has taken more than $330m worldwide, according to tracking website Box Office Mojo, Dunn also starred in Haggard: The Movie, an indie comedy in which the tattooed, bearded, daredevil played himself.

Jackass stuntman dies in fiery crash

Updated June 21, 2011 08:37:00

Ryan Dunn in Los Angeles

Dunn was known for his death-defying and risky pranks. (Getty Images: Michael Buckner, file photo)

Stunt television show Jackass lost one of its stars overnight when Ryan Dunn, known for his death-defying and risky pranks, died in a car accident.

Police said the accident took place about 2:30am Monday (local time) in West Goshen Township, Pennsylvania, and that Dunn was probably speeding at the time.

An unidentified passenger was also killed.

Dunn's 2007 Porsche 911 GT3 burst into flames after the crash. It was found off the road and in the woods.

"Speed may have been a contributing factor to the accident," the West Goshen Township police department's report read.

"Upon arrival, police located one vehicle off the road and in the woods that was fully engulfed in flames."

A photograph posted to Dunn's Twitter account about two hours before the accident showed him drinking what appeared to be alcoholic beverages with two male friends.

Dunn's Jackass co-star Johnny Knoxville wrote on Twitter after news of the accident broke: "Today I lost my brother Ryan Dunn. RIP Ryan, I love you buddy."

The red-bearded Dunn, 34, appeared in the Jackass television series, which aired on MTV, and the franchise's three films.

"We are devastated by the tragic loss of Ryan Dunn - a beloved member of the MTV family for more than a decade," said Van Toffler, president of the MTV Networks Music/Film Group which broadcast the Jackass series that ran from 2000-2002, before spinning off into a successful film franchise.

"He made us all laugh and had the tireless enthusiastic approach to life of your favourite middle school friend.

"Our thoughts and deepest condolences are with Ryan's family and friends. The Jackass brotherhood will never be the same."

Dunn was also a cast member of reality television series Viva La Bam, in which most of the Jackass original cast appeared.

More recently, Dunn and Jackass co-star Steve-O teamed up for a June 8 episode of the NBC TV game show Minute To Win It, and hosted the shows Homewrecker (MTV) and Proving Ground (G4 television).

One of his most famous stunts involved inserting a toy car in his rectum and then going to the doctor for an X-ray.

In 2005, Dunn was charged with driving under the influence of alcohol and entered a first offender's program that allowed him to clear his record after a certain period of good behaviour, said Patrick Carmody, assistant district attorney in Chester County.

- AFP/Reuters

Tags: arts-and-entertainment, feature-films, television, disasters-and-accidents, accidents, road-accidents, united-states

First posted June 21, 2011 08:33:00

Helmet Law Protects Riders, Michigan Motorcycle Accident Attorney Says

Bloomfield Hills, MI (PRWEB) June 20, 2011

A proposal to roll back Michigan’s helmet law is once again making headway at the legislature, but it remains a bad idea for motorcyclists’ safety, says Michigan motorcycle accident lawyer Thomas L. Stroble.

“I understand and respect motorcycle enthusiasts’ concerns about their personal liberty,” says Stroble, founder of the Bloomfield Hills personal injury law firm, Stroble Law Firm, P.C. “But my experience as a personal injury attorney has convinced me that the dangers of not wearing a helmet while riding a motorcycle are simply too great.”

Two different versions of a helmet law repeal bill are before legislators this session. Senate Bill No. 291 would allow motorcycle riders age 21 and older to go without a helmet after they meet certain criteria. A House version would add a mandate that bikers buy $20,000 in personal liability insurance if they choose to go without a helmet.

Political analysts predict that a repeal of Michigan’s helmet law has enough support in the legislature to pass. It’s less clear what would happen if it landed on Gov. Rick Snyder’s desk.

“The governor has not taken a public position on the repeal of the motorcycle helmet law, and there is concern about what he will do with the bill if it passes the Legislature,” says Stroble, who regularly represents Oakland County motorcycle crash victims.

Stroble cited a recent editorial in the The Daily Tribune, whose writers advocated for the Michigan motorcycle helmet law to stay in force.

“It’s a disaster waiting to happen, including, we’re sure, a disaster for some of the fiercest proponents of the legislation: bikers who will be killed or suffer grievous head injuries as a result of their hard-won freedom,” the editors of the southeast Oakland County newspaper wrote.

Stroble, the Bloomfield Hills motorcycle crash attorney, pointed to statistics in the editorial that show the repeal of motorcycle helmet laws in other states have led to steep increases in both fatalities and economic losses.

“The House’s proposal that motorcyclists who ride without a helmet must buy $20,000 of extra insurance is a drop in the bucket when you consider how much it costs to treat someone seriously injured in a motorcycle accident,” Stroble said.

He added that independent studies have repeatedly shown that helmets significantly reduce the potential for serious head injuries in motorcycle wrecks, contradicting some riders’ arguments that helmets are ineffective.

Stroble also noted that insurance companies often argue that a motorcyclist was to blame for an accident if the biker was not wearing a helmet. There is also anecdotal evidence that juries return smaller verdicts for motorcyclists who rode without a helmet, even though jurors are not supposed to consider such evidence.

Reports show that money is one of the key factors in Gov. Snyder’s analysis of whether to sign the helmet law repeal if it reached his desk. He has highlighted concerns that the costs related to more injuries could fall in the lap of Michigan’s citizens. He told The Detroit News that there are “studies on both sides of the question.”

Stroble said wearing a helmet is smart from a safety standpoint regardless of the economic arguments. He also advised anyone who has been injured in a motorcycle accident â€" regardless whether they were wearing a helmet or not â€" to contact a qualified attorney who has experience with the complexities of motorcycle crash cases.

About The Stroble Law Firm, P.C.
The Stroble Law Firm, P.C. is a full-service law firm based in Bloomfield Hills, MI, which represents car accident victims and their families throughout the state of Michigan, including Macomb County, Oakland County, Warren, Clinton Township, Sterling Heights, St. Clair Shores, Mount Clemens, Utica, Roseville, Troy, Farmington Hills, Waterford, Southfield, Pontiac, Birmingham, Rochester Hills, West Bloomfield and Bloomfield Hills. The firm’s personal injury practice areas also include truck accidents, motorcycle accidents, medical malpractice, birth injuries, slip and falls, dog bites and wrongful death cases. To learn more about The Stroble Law Firm, P.C. call (248) 454-0800 or (888) 454-0801 or use the firm’s online contact form.

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Charleston, WV Personal Injury Attorney Tony O’Dell Named 2011 West Virginia Super Lawyer

Super Lawyers magazine names Charleston, WV Personal Injury and Accident Attorney Tony O’Dell of Tiano O’Dell one of the top attorneys in West Virginia for 2011.

Charleston, WV (PRWEB) June 17, 2011

Charleston, WV attorney Tony O’Dell of Tiano O’Dell has been named by West Virginia Super Lawyers magazine as one of the top attorneys in West Virginia for 2011. Only five percent of the lawyers in the state are named by Super Lawyers.

Tony O’Dell has over 30 years of experience and was admitted to practice in West Virginia in 2011. Tony is an accomplished trial attorney, which is important if a trial is necessary to obtain justice for his clients. However, having an accomplished trial lawyer can make it easier to get your case resolved promptly by settlement without a trial. Tony believes that the civil justice system is in place not only to bring justice to those who have been wrongfully hurt or killed, but also to help make West Virginia communities safer.

The selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters, Legal division based in Eagan, MN. Each year, the research team at Super Lawyers undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check.

Thomson Reuters, Legal publishes Super Lawyers magazines across the country. In addition to the magazines, Thomson Reuters, Legal publishes newspaper inserts and magazine special sections devoted to Super Lawyers. In 2010, Super Lawyers reached more than 15 million readers.

Super Lawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in February 2010. Thomson Reuters is the world's leading source of intelligent information for businesses and professionals. Super Lawyers can be found online at superlawyers.com where lawyers can be searched by practice area and location.

Both William M. Tiano and Tony L. O’Dell engage in open communication with their clients and are fully dedicated to resolving their legal matter. When you choose a Charleston attorney from Tiano O’Dell, your case will benefit from extensive legal training and considerable resources.

Attorneys at the law firm of Tiano O’Dell practice primarily in the following areas:

  • Car Accidents
  • Negligence
  • Insurance Bad Faith
  • Personal Injury
  • Wrongful Death / Accidental Death

When you are searching for an experienced Charleston attorney in West Virginia, you need to make sure that the lawyer has a solid reputation. The lawyers at Tiano O’Dell have built their reputation on providing each of their clients with the personalized attention they deserve.

The lawyers at Tiano O’Dell have more than 60 years of combined experience. For more information about the firm, please go to http://tolawfirm.com or call (304)-720-6700.

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Tony O'Dell
Tiano O'Dell
304-720-6700
Email Information

Police: York woman intentionally burned 2-year-old

Car wash being held Sunday to help family pay for child's medical expenses.

A car wash will be held Sunday to help out with 2-year-old Myles Miller's medical expenses. A York woman has been charged in connection to his burns. (SUBMITTED)

Police say a York woman intentionally burned a 2-year-old in her care, but the suspect's attorney says it was an accident.

Amanda Marguerite Coeyman, 23, of the 300 block of Pennsylvania Avenue, was charged with aggravated assault, simple assault and endangering the welfare of a child, according to charging documents.

Coeyman could not be reached for comment, but her attorney, Ronald Gross, said she feels awful that the child was burned. It was not an intentional act.

"She would never do anything to harm the child at all," he said. "She considers him a son."

According to a police affidavit, Coeyman called York County 911 around 12:45 a.m. May 18 to report that a child in her care in the 600 block of Manor Street had burned his hand in the shower.

When police arrived, the child's hand was badly burned - his skin red and swollen with large blisters. Skin also was hanging off of other fingers, documents state. He was transported to Johns Hopkins Medical Center.

According to the affidavit, Coeyman told police the child had burned his hand in a bucket she was filling with hot water in the shower. She said the incident happened when she had left the room to attend to another child in the home. But investigators found that the shower was dry, and no bucket was visible.

Police obtained photos and measurements of the shower. When the shower is running, water does not pool in the base deep enough for a child's hand to be submerged, documents stated. Based on Coeyman's account of finding the child in the shower, both she and the child would have sustained burns on other parts of their bodies, documents state.

A doctor who treated the child classified the injury as a submersion burn inconsistent with a shower/spray type of burn. The "glove type" burn was classified as non-accidental trauma, documents state.

Gross said his client did not intentionally scald the child by holding his hand in hot water. The shower was running, and she was attending to another child when she heard the screams.

When she got to the shower, he was already out, screaming, Gross said.

Christina Miller, the boy's mother, declined to talk about the case.

However, she did say that her son, Myles, is doing better. His hand is a little chapped and red, but he's back to himself.

"He was a trooper for what he went through," Miller said. "He's braver than me."

Her co-workers at Weaver Eye Associates are holding a car wash for Myles Sunday to help the family pay for medical expenses.

Insurance will not cover his full stay at Johns Hopkins or most of his follow-up doctor visits, his mother said. She doesn't know what the bills will tally.

At the event Sunday, 24 people will be washing cars for a donation, said Donna Golob, assistant manager with Weaver Eye Associates.

Co-workers will be selling hamburgers, hot dogs, lemonade and more to raise money, and Bricker's French Fries will donate half of its sales that day as well, Golob said.

Christina Miller said she's thankful because she doesn't know what she's going to do financially. She added that strangers and friends have been sending donations as well.

"We just take it one day at a time," she said.

If you go

A car wash will be held from 10 a.m. to 3 p.m. Sunday at Weaver Eye Associates in West Manchester Township to benefit 2-year-old Myles Miller.

The money will be used to help cover the travel, medical and other expenses for the family.

No bail for Lynn woman in 5th OUI

Home > News No bail for Lynn woman in 5th OUI

SALEM � A Lynn woman who police say had two cans of beer in her car as well as an illegal substance after being caught driving drunk for her fifth time following an accident on Maple Street two months ago remains held at Framingham Prison for Women without bail.

Mary Graciale, 55, of 34 Webster St., #1, appeared for her arraignment Wednesday morning in Salem Superior Court and pleaded innocent to operating a motor vehicle while under the influence of alcohol, operating a motor vehicle while under the influence of alcohol with a blood-alcohol level more than .08 for a fifth time, leaving the scene of an accident after causing property damage, operating a motor vehicle with a revoked license and unlawful possession of Class C substance, Klonopin.

Assistant District Attorney Jane Dever Prince requested that Graciale be detained without bail until a dangerousness hearing can be scheduled.

Judge Howard J. Whitehead adopted her request and ordered Graciale to be held without bail and continued the case to July 1 for the hearing.

The charges arise out of an incident in Lynn on the evening of April 17 when Graciale allegedly was involved in an accident on Maple Street while driving a red Chevy Blazer.

Witnesses said she drove her vehicle in reverse and struck the front of a 2002 Nissan Pathfinder.

When the driver of the Nissan tried to back her car away, Graciale allegedly struck the Nissan a second time and fled from the scene.

Police immediately responded to the scene and apprehended Graciale a short distance from the scene.

She reportedly told police she was drunk and no field sobriety tests were necessary.

Authorities said they discovered a number of Klonopin tablets and two cans of beer in the car. He alcohol-blood level registered at .24, three times the legal limit, police said.

Graciale has numerous drunken driving convictions dating back to 1983 with the most recent out of Salem District Court in 2001.

Montana gets stitches after ATV accident

Updated Jun 14, 2011 2:19 PM ET

Pro Football Hall of Famer Joe Montana was recovering Tuesday from injuries suffered in an ATV accident last weekend, KGO-TV reported. The Pro Football Hall of Famer required stitches above one eye.

Montana said he avoided serious injury when he crashed his all-terrain vehicle on his ranch near Calistoga, Calif.

But the incident forced the San Francisco 49ers legend to miss a planned business appearance Tuesday evening at the Santa Clara City Council.

His attorney, Robert Mezzetti, confirmed his absence from the meeting, where Montana was due to discuss the construction of a luxury hotel, restaurants and sports bars near to the proposed new 49ers stadium.

"Please forgive any inconvenience caused by this unexpected event," Mezzetti said in a letter to Santa Clara mayor Jamie Matthews, the San Jose Mercury News reported. "I expect Mr. Montana will be able to appear in the near future."

Matthews later estimated it would take a "few more weeks" before Montana appeared at the council, but added that he wanted the 55-year-old's fans to know the former football star "is OK."

"Mr. Montana, through his representatives, was very upset because he really wanted to be able to come, because he's committed to this project," Matthews said. "It's from his vision and on his reputation that a proposal's being made."

Read more . . .

2 Baltimore Teens Struck And Killed By Vehicle

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Reporting Adam May

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BALTIMORE (WJZ) â€" Two Baltimore teenagers are dead.  They were hit by a car and police say the driver left them in the street.

Adam May reports police have identified two suspects in the case and right now police are reconstructing the accident.

Martin Luther King Jr. Boulevard and Pratt Street is one of the busiest intersections near downtown. It’s now the scene of a fatal accident involving two teen girls hit by a car that didn’t stop.

“After the accident, the vehicle continued driving southbound toward 395,” said Det. Jeremy Silbert, Baltimore City Police.

Baltimore Police say the girls are Emerald Smith, 17, and Courtney Angeles, 16, from Pigtown.

Soon after â€" near the airport â€" Maryland Transportation Authority Police â€" stopped a car during an unrelated traffic stop. Officers noticed a red flag.

“Apparently there was fresh damage to the vehicle and other factors that indicated the vehicle was just involved in an accident,” said Silbert.

Police already questioned two occupants of the vehicle. They are now looking at surveillance cameras in the area, trying to determine if the vehicle or teenagers had the right away.

Regardless of who had the right away, fleeing the scene would be a crime. Police are working with the State’s Attorney’s Office to determine charges.

Police are asking any witnesses of the accident to come forward.

POLICE INVESTIGATE 1-CAR ACCIDENT INVOLVING AN ATL. CO. VEHICLE

POLICE INVESTIGATE 1-CAR ACCIDENT INVOLVING AN ATL. CO. VEHICLE

PLEASANTVILLE--Police are investigating a serious motor vehicle accident involving an Atlantic County vehicle Tuesday morning in Pleasantville.

Police say the driver of a county vehicle drove into a utility pole around 3 a.m. on the 700 block of North Main Street knocking down wires.

The identity of the driver was not released, but officials confirmed the driver does work for the county. According to police, the man was driving while intoxicated.

The driver suffered minor injuries to his arms, but refused any medical help and refused to speak to police without his attorney present. He is currently in police custody.

Joe Montana injured in weekend car accident

Rudy Giuliani & Joe Montana Visit FOX & FriendsGetty Images

Hall of Fame quarterback Joe Montana was scheduled to propose a luxury hotel project in Santa Clara City on Tuesday night, but will not appear after a weekend car accident, according to the San Jose Mercury News.

Details of the automobile accident are scant. Montana’s lawyer confirmed that injuries sustained in the crash will “preclude him” from the appearance.

“Please forgive any inconvenience caused by this unexpected event,” attorney Robert Mezzetti wrote to the Santa Clara City Council. “I expect Mr. Montana will be able to appear in the near future.”

The tone of Mezzetti’s statements indicates that Montana wasn’t seriously injured.

PFT: Montana hurt in weekend car crash

Plaxico BurressAP

Plaxico Burress says that he spent most of his time in prison being angry with himself, and it was only when his release date was on the horizon that he decided to put his anger behind him.

Burress told ESPN’s Stephen A. Smith that he thought often about what a dumb decision it was to illegally carry a gun into a New York nightclub, but he finally realized he needs to move on with his life.

“I was the person that took that risk and chose to carry that firearm that night,” Burress said. “I was angry with myself for a long time. I beat myself up for so long. When I finally was able to let it go, I was 30 or 60 days away from going home and I was saying, I can’t get that time back. That time is gone. So I’m either going to grow from it, learn from it, move on, or just keep being angry. And I chose to put it behind me. That part of my life is over. I’ve learned a tremendous amount from it and now it’s time to take the next step.”

Burress said prison was even harder than he thought it would be, and he said he had particular trouble with the prison staff.

“The hardest part for me was just the authority,” Burress said. “Listening to the things the officers would say â€" degrading them physically, racially or whatever it might be â€" to hear people get talked to like that, even me sometimes, it was like, this place is not human.”

Burress said it was tough to share a prison unit with “rapists, murderers, pedophiles, everything that’s associated with jail and crime. . . . I didn’t think I deserved to be there.” But he said he’s sure he won’t be back.

“To come out of there and have your life come back to you so fast, everything hits you at one moment,” Burress said. “Relief, joy, happiness, love. You say to yourself, I’m never going to put myself in any type of situation to have anything negative happen to me.”

Joe Montana injured in car accident over weekend

Joe Montana was injured in a car accident over the weekend, though his attorney says his injuries were minor, it’s enough to keep the former football star from appearing before the Santa Clara City Council Tuesday to discuss a development agreement. (AP file photo)

Joe Montana was injured in a car accident over the weekend, though his attorney says his injuries were minor, it’s enough to keep the former football star from appearing before the Santa Clara City Council Tuesday to discuss a development agreement.

Montana suffered non-life-threatening injuries, according to his attorney Robert Mezzetti. Details of the crash were unknown â€" including location â€" but Mezzetti said he is “out of the hospital.”

Montana was scheduled to appear before Santa Clara City Council on Tuesday evening to discuss the development of two city-owned parcels across from the proposed 49er Stadium. Santa Clara City documents state that Montana would build a hotel, restaurants and sports bars on the 1,200 acre properties.

Mezzetti said he has asked for the item to be delayed by the Santa Clara City Council until Montana can attend the meeting.

akoskey@sfexaminer.com

Local Attorney Faces Judge on DWI Charges

By Jaclyn Asztalos

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June 13, 2011 Updated Jun 13, 2011 at 1:16 PM EDT

Buffalo, N.Y. (WKBW)- Buffalo Attorney Thomas Cannavo pled not guilty in Niagara City Court to many charges including leaving the scene of an accident, driving while intoxicated and resisting arrest, among other traffic violations.

Police said on Sunday around 8:30 p.m., Cannavo got into a one-car accident on the I-190 southbound in Niagara Falls. Witness told authorities he then got out of the vehicle and ran down the westbound embankment, jumping the fence and running into a wooded area.

At first, police had trouble locating Cannavo so they used a heat-sensing camera from the Niagara Falls Fire Department. After a short search, they found Cannavo pretending to sleep on the ground. He claimed that he didn't know why police were searching for him. State Police then placed him under arrest.

Cannavo's license was suspended and his bail is set at $1,000. He will face a judge again on June 17th.