Sunday, July 26, 2015

DUI Driver was not DUI, she was "Praying While Driving" but pled Guilty to Aggravated Vehicular Assault ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Meet 63 y/o Marijyn Perry of Lindsey, Ohio. Back on August 7th, 2014 after reportedly driving erratically Marilyn caused a traffic accident and was arrested for DUI (they call it "OWI" in Ohio) as well as being cited for failure to both remain in her lane of traffic and to control her vehicle.  That's her mug shot below... 

And this is what Marilyn looked like (below) while she was still behind the wheel immediately after crashing into a parked vehicle in downtown Bellevue...

The vehicle that Marilyn struck had been operated by 50 y/o Pamela Beckham, who is pictured below and who had been parked in front of the Bellevue Public Library at the time as she helped her grandchildren get out of the car.  

After being struck Pam suffered serious injuries (including broken bones, at east one (1) of which was in her neck) and had to be "Life Flighted" (i.e. airlifted) to a hospital for emergency medical treatment.  This is what Pam looked like after being struck (and you can watch a video news report of the incident with more still photos here)...

As it turns out lab analysis confirmed that Marilyn was NOT under the influence of either alcohol or any controlled substances (her blood was "clean").  Still, the case was taken to the Huron County, OH Grand Jury which voted to Indict Marilyn for a felony charge of aggravated vehicular assault.  Note that in FL we don't have a specific crime called "aggravated vehicular assault" but an aggravated assault in FL is an assault which is effectuated with a deadly weapon, and a car can be a deadly weapon.... I imagine that this would qualify... and I want one... Big time....

Anyhow, Marilyn (figuratively swearing upon a busload of Bishops and a Cardinal to boot) claims that she was driving erratically because she was praying.  She claims that she had been going through a rough patch in her life and that she was "PWD" - praying while driving, including, presumably in an effort to bolster her communique with the Almighty (who seeming either wasn't listening or who decided to compound Marilyn's problems), occasionally lowering / bowing her head while driving

Marilyn pled guilty on Thursday, July 23rd, 2015 to the felony charge and was given an "intervention" program which includes a thirty (30) day jail sentence, three (3) years of probation, successful completion of a substance abuse treatment program and payment of $10,000.00 in restitution to her victim.  Memo to Marilyn:  This may be true...

But in your case apparently God had other plans, perhaps being busy paying more attention to someone else?

Memo to the Folks:  Distracted driving - whether because of booze or substances (controlled or otherwise), texting, applying make-up, dealing with kids or passengers, eating, praying, masturbating... whatever - is serious business and raises serious risk to society.  Please, pretty please, think just a little about the potential consequences of your actions (or inactions) beforehand.  It's not just you (and your own family and friends) that you might hurt, there are innocent bystanders to whom you also owe a duty of care.   Look at the stats (well, one illustration of the stats, and recognize that a) these stats are three (3) years old, b) this situation is NOT getting any better and c) the number of distracted driving accidents are only increasing.  Please, pretty please, be careful (and responsible).

Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.

At Michael A. Haber, P.A. "Its all about reasonable doubt".

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1

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