Traffic Offenses and Violations

September 13, 2009

LARGO: Construction Worker Sentenced to Six Years for Fatal Trackhoe Accident

Another sad Traffic Fatality case unfolded this week in Judge Thane Covert’s Pinellas County courtroom. Agustin Palma Trejo, who was 18-years old at the time of the accident, was driving a trackhoe the wrong way on U.S. 19. In an unfortunate twist of fate, Donald Cochran was on his way to Biff Burger, on April 21, 2007, when his truck swerved and struck the large construction trackhoe that Palma Trejo was operating. For the complete story, check out the article in today’s St. Pete Times.This case is a bit unusual for several reasons. To begin with, Palma Trejo was charged with Manslaughter, not DUI Manslaugher. Secondly, both the State Attorney’s Office and Palma Trejo’s attorney agreed that the trackhoe was only traveling at the rate of 4 mph. However, the State and the defense disagreed on whether the trackoe’s lights were on and whether Palma Trejo was properly trained to operate the large piece of machinery.

Last month, Palma Trejo entered an “open plea,” meaning that he did not have a plea agreement with the State Attorney’s Office. After entering an “open plea,” the Judge can sentence a Defendant to any legal sentence (i.e., up to the maximum sentence allowed by law or something less than what the sentencing guidelines would normally call for). In Palma Trejo’s case, he could have received 15 years in prison on the Manslaughter charge, which is a Second Degree Felony.At his sentencing hearing earlier this week, Palma Trejo pleaded to the judge for leniency. With the assistance of a court translator, he stated “I only want to ask the family for foregiveness… I know what it is like to lose a father.”

Because Palma Trejo was under 21 years of age, his attorney was asking the Court to sentence him as a “Youthful Offender,” which would have allowed Judge Covert to sentence him below the recommended guideline sentence (to include any form of community supervision such as community control or probation).
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September 6, 2009

CLEARWATER: 20-Year Old Pinellas County Jail Inmate / Blogger

by Blake & Dorsten, P.A.

An interesting story in today’s St. Pete Times highlights the life, or lack thereof, of Teddy Braden, the former gang member turned blogger that blogs from the Pinellas County Jail.

Braden, who is in the Pinellas County Jail on Drug Charges, blogs with the help of his mother — who takes his notes and letters and posts them online at: teeninjail.blogspot.comBraden, who was arrested for the first time at age 13, has a Juvenile record consisting of various Drug Charges and a Residential Burglary. As an adult, he has been locked up for doing drugs, selling drugs, Grand Theft, Burglary and now Drug Trafficking.

In one of Braden’s blog posts he states that “One of my biggest regrets is joining a gang.” The quote sits below a picture of Braden, wearing a red t-shirt, hat and bandana, while throwing up a “B” (a noted gang hand sign for the Bloods). However, something about this photo tells me that Braden would not survive, on the streets, for very long.
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September 1, 2009

St Pete Mother Pleads Guilty to Manslaughter After Allowing Her Unlicensed 15 Year Old Son to Drive and Kill His Passenger and Friend

by Blake & Dorsten, P.A.

In a very emotional sentencing hearing, that I happened to witness while in the same courtroom on an unrelated case, a St. Petersburg mother plead guilty to Manslaughter on the morning her trial was to begin in a case where she let her 15-year old son, Shawn Ledesma, drive her car, which he crashed, killing one of his passengers, Raquel Carreras, a 14-year old student at Northeast High School.

For the complete story, check out this St. Pete Times article.Personally, I think this would have been a very interesting case had it gone to trial. While I certainly understand the position of the State Attorney’s Office (after all, someone’s child was killed that evening), I also think it is a bit unfair to treat this Defendant in the same way that we would treat someone who intentionally drinks and drives and kills someone leading to a DUI Manslaughter charge.

At trial, the State of Florida would have needed to prove that Lesa Ledesma “knew” or “should have known” that giving her car keys to her 15-year old son would have lead to someone being seriously inujured or killed. To me, that would have been a stretch as underage kids drive their parents’ vehicles a lot more than we probably realize or want to admit.

The mother of the now-deceased high school student stated that she would like for parents to “quit being a friend, and be a parent.” After many years of prosecuting and handling difficult and emotional cases such as this one, I could not have said it better myself.
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August 21, 2009

How Does Giants WR Plaxico Burress Get Two Years in Prison When Donte’ Stallworth Only Got 30 Days in Jail for DUI Manslaughter?

by Blake & Dorsten, P.A.

After posting a recent blog entry on NFL wide receiver Donte’ Stallworth’s 30 day jail sentence for the crime of DUI Manslaughter, I feel compelled to discuss the recent plea agreement that was entered into by New York Giants wide receiver Plaxico Burress. Facing a likely 3 1/2 year prison sentence, Burress pled guilty to one count of attempted criminal possession of a weapon, a lesser charge than the one he was facing after accidentally shooting himself in the thigh while inside the Latin Quarter nightclub in Manhattan in late November 2008.The firearm which Burress was carrying was not registered in the State of New York, or the State of New Jersey (where Burress lives). Burress previously had a Carrying a Concealed Weapon permit in the State of Florida; however, that license expired in May of 2008.

Unlike the favorable treatment that was received by Donte’ Stallworth during his DUI Manslaughter case in Miami-Dade County (as previously discussed in this blog on August 4, 2009), Burress certainly was not given any special and/or favorable treatment by the Manhattan District Attorney’s Office. In fact, his high-profile attorney, Benjamin Brafman stated “If Plaxico Burress were not a high-profile individual, there never would be a case.” Brafman also stated that, “If he were just John Q Public, he would have walked out of the club and he never would have been arrested.”

When comparing the two cases, it is obvious that Stallworth and Burress were not treated equally. In fact, aside from the fact that both cases involved NFL-star wide receivers, the only commonality between the two cases is that they both prove (once again) just how easy it is to ruin a very successful career, in a matter of seconds, when alcohol is involved and poor choices are made. Attorney Brafman called the case “a perfect example of how bad judgment can have very serious consequences.”

I couldn’t agree more.
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August 16, 2009

Pasco County Mom Arrested for DUI with 4 Kids in Car

by Blake & Dorsten, P.A.

In one of the more irresponsible cases to catch the media’s attention this week, a New Port Richey woman was arrested for Driving Under the Influence. And while that, in-and-of-itself, is not real newsworthy, the fact that she had four (4) children in her car and a blood-alcohol level of .113 (a good bit over the legal limit of .08 in the State of Florida) has turned a normal DUI case into a case of Child Abuse and/or Child Neglect.

For more information on this case, check out the original story on Bay News 9.

While the Blake & Dorsten, P.A. in Clearwater handles many DUI and other Traffic-Related cases throughout the Tampa Bay area, it does not support or condone this type of reckless activity. Continue reading

August 13, 2009

Pasco County Sheriff Bob White Has Created an Online List of Fugitive Deadbeat Parents

by Blake & Dorsten, P.A.

After a recent case in which fugitive deadbeat David Earley lived under the radar of law enforcement in New Port Richey for a year and a half, the Pasco County Sheriff’s Office has created a searchable database to bring these deadbeat fugitives to justice. For more information on this story, please click on the orange link for the full Tampa Tribune article.

Early has fallen behind on his child support to the tune of $385,000. Florida law makes it a Third Degree Felony to have more than $5,000 in back-due child support AND to avoid making payments despite the present “ability to pay.”

The Blake & Dorsten, P.A. In Clearwater has handled numerous cases involving back-pay for Child Support. Most often, we see this issue arise once a client fails to pay his/her child support and the State of Florida suspends that person’s driver’s license in the State of Florida. Many times, the client doesn’t even know that his/her driver’s license has been suspended.

When dealing with this type of matter, experience counts.

For a classic “Deadbeat Dad” video courtesy of the Maury Show, see below:

http://www.youtube.com/watch?v=JaVnkZqjacM

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August 9, 2009

OMG!! Txt u l8r! Texting While Driving In Florida Soon To Be Illegal?

by Blake & Dorsten, P.A.

A recent Tampa Tribune article opined on a very current issue in the State of Florida: “Should Texting While Driving Be Banned?” For the complete article, click on the Tampa Tribune link.

After several recent high-profile Traffic Crimes in the Tampa Bay area (including Nick Hogan, Jennifer Porter and Jordan Valdez), Florida law makers are considering cracking down on driving distractions (in this case, Text Messaging).

Many States have already banned texting while driving. If Florida is next, the Blake & Dorsten, P.A. will be ready, willing and able to assist anyone cited under this new law.

The Blake & Dorsten, P.A., In Clearwater, handles all Traffic Offenses and Violations including: Speeding, DUI, DWLSR, Leaving the Scene of an Accident, Fleeing or Eluding a Law Enforcement Officer, Aggravated Assault with a Motor Vehicle, Reckless Driving, Racing on a Highway, DUI Manslaughter and Vehicular Homicide.
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August 7, 2009

Alleged St. Pete Drunk Driver Hits 15 Year Old Girl in Largo

by Blake & Dorsten, P.A.

In what has become an all-too-familiar occurrence, a St. Petersburg woman was arrested for DUI Causing Serious Bodily Injury after she ran over a curb and struck the young girl who was riding her bike.

For more information, please read the following St. Petersburg TImes article.We, the Clearwater-based Blake & Dorsten, P.A., have experience teaching future police officers how to investigate, prepare and testify in DUI cases.
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August 5, 2009

Crime Still Climbing in St. Petersburg

by Blake & Dorsten, P.A.

A recent story in the St. Petersburg Times has indicated that crime is on the rise in the City of St. Petersburg, Florida. According to the latest numbers, Burglary
and Theft Crimes are rapidly increasing.

For the full story, click here:

Police Chief Chuck Harmon has suggested that the rapid rise in crime is due to many factors including the current economic crisis, rising unemployment and home foreclosures.

While Property Crimes like Auto Theft are on the rise, most Crimes of Violence are down this year. Robbery is down 12 percent this year and the number of Homicides have been cut in half.These statistics have lead to a steady increase in business for the Blake & Dorsten, P.A. in Clearwater. Criminal Attorney Nicholas J. Dorsten, of the Blake & Dorsten, P.A., handles all criminal matters arising in the City of St. Petersburg and throughout the Tampa Bay area.
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August 4, 2009

Was Justice Served in NFL Star Donte’ Stallworth’s DUI Manslaughter Plea Deal?

by Blake & Dorsten, P.A.

Every once in awhile, I like to chime in on a criminal case that has caught the attention of the media nationwide. Today’s question is this: Did Cleveland Browns wide receiver Donte’ Stallworth receive any special treatment in the handling of his recent DUI Manslaughter case in Miami, Florida?

For more information on this story, you can check out this article from the Miami Herald: Donte’ Stallworth gets a month in jail for DUI Death.

Dozens of DUI Manslaughter and traffic-related homicides are being handled. In most cases, the Defendant received a prison sentence of anywhere from ten (10) to fifteen (15) years (depending on the specific facts of each case as well as the Defendant’s prior criminal record). Looking back on my six (6) years with the State Attorney’s Office in Clearwater, it’s difficult to recall a DUI Manslaughter case with a similar sentence.

Therefore, we all need to ask ourselves these questions: “Why did this individual (Donte’ Stallworth) receive such a lenient sentence?” and “Was his celebrity status influential in obtaining this favorable plea offer?”

Like many other Crimes of Violence, the ultimate resolution of a DUI Manslaughter case can be driven by the victim and/or victim’s family or next-of-kin. In this case, the family of the deceased man that was running across the street to catch a bus made a specific request that the State Attorney’s Office resolve the criminal case quickly so that the entire family could get some closure.

However, the State of Florida had a very strong case against Stallworth. Stallworth’s blood-alcohol level after the crash was a .126, well above the legal limit of .08 in the State of Florida. Stallworth admitted to driving and flashing his lights, while driving in his black 2005 Bentley, at 50 mph in a 40 mph zone.

As for a defense, 59-year old construction crane operator Mario Reyes was not in a crosswalk when he tried to cross the busy MacArthur Causeway in Miami. However, the State doesn’t need to prove that Stallworth “caused” the acccident. The State only needs to prove that Stallworth’s drinking and driving “contributed” to the accident — an issue that would be very difficult to rebut based on the evidence that has been made public.

While Donte’ Stallworth was the recepient of a very lenient plea bargain and sentence, most people are not that lucky. The Blake & Dorsten, P.A., in Clearwater, aggressively defends those accused of Criminal Traffic Violations and has experience handling the most complicated and serious traffic offenses such as DUI Manslaughter, Vehicular Homicide, Leaving the Scene of an Accident Involving Death, Reckless Driving Causing Serious Bodily Injury and DUI Causing Serious Bodily Injury.

To view a short video with commentary on this case, check out the following from Newsy.com:

http://www.youtube.com/watch?v=xUfTE2MIWl8

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