Friday, October 30, 2015

GA Man who was Driving a Motorized Wheelchair is Arrested for DUI after an Accident in Grocery Store Parking Lot ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




Meet Danny Wayne Mitchell.  That's him below...



Danny picked up a DUI after an SUV crashed into him while he was driving his Rascal 300 scooter (pictured below), which was essentially serving as Danny's motorized wheelchair.



Apparently the SUV driver had been backing out of a parking space at a Kroger supermarket in Conyers, Georgia when the crash happened. 



The SUV driver called 911 and when cops arrived they reported seeing Danny on his wheelchair "backing into the building and over plants".  Danny reportedly told police that he had consumed "a pint of alcohol" and had taken anti-anxiety medication as well as anti-depressants.  Cops said that Danny was so intoxicated he had to be taken to hospital.  



Danny would later go on record with a local television report (WSB-TV) and state that he uses the Rascal 300 because he was mugged a few years ago and as a result he can barely walk.  He said that he was was at the grocery store to get a prescription filled and, "I was out of medication. So I had me a drink."  Memo to the Folks:  




Memo to Danny and the Folks:   1)  If you are impaired then yes, you can pick up a DUI while operating a motorized scooter.  2)  No matter how NOT impaired you think that you are it is always a better idea NOT to drink and drive.  If the cops do not smell the booze then there is a 99% chance that DUI will not come up, you will get your ticket and be on your way.  3)  Do not mix Rx meds and booze.  Yes, I understand that you need liquid to help you swallow your anti-anxiety and anti-depressants meds, but that liquid does not have to be bourbon.  4)  Don't speak to the cops, and if you can manage to do that then definitely do not give an interview to the press, but, if you insist on speaking to the reporters then please, pretty please, don't say:  "I was out of medication. So I had me a drink."




When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  "Don't do it!  Get a DD (Designated Driver), not a DUI".


Be smart{er than Danny Wayne Mitchell}: Don't drink and drive - even your motorized wheelchair, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220 or 1-888-SHARK-8-1.


Michael A. Haber, P.A.: Providing creative, effective and zealous criminal defense litigation services primarily in SoFlo 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



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Rx #RxMeds #PrescriptionMeds #Wheelchair #Scooter #DrivingUnderTheInfluence #MixingPillsAndAlcohol #PillsAndBooze #Invoke #DontTalkToCops #DontTalkToReporters #Confession #Admission #StatementAgainstInterest  

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What is the "State's Notice of Intent to Rely on Certified Records of Regularly Conducted Business Activity"? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     What does it mean where the State files this in a 1st degree Larceny and 3rd degree Burglary case: "STATE'S SECOND NOTICE OF INTENT TO RELY ON CERTIFIED RECORDS OF REGULARLY CONDUCTED BUSINESS ACTIVITY" FILED? 


A:     Chosen as "Best Answer" by Asker on www.AVVO.com
Licensed in FL



Best Answer
chosen by asker
Answered .  This is the government complying with it's discovery obligation, formally notifying defense counsel of it's intent to use a procedural tool (for the second time) in regard to chain of custody issues for the introduction of documentary evidence at trial and laying a proper foundation to do so.

If the State has filed 2 of them already then it sounds like your case (2 felonies punishable by an aggregate statutory max of 35 years in state prison) the Assistant State Attorney who is handling your case is both taking her/his responsibilities seriously and is gearing your case up for trial.  You really should discuss these matters with your lawyer. The early bird may get the worm but when it comes to court and trial there is not substitute for preparation.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)


Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 



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







THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Discovery #Evidence #StatesDiscoveryObligation #ChainOfCustody #IntroductionOfEvidence #Predicate #Foundation #Larceny #Burglary #Trial #Preparation #TrialPrep

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Organ / Tissue Delivery Van Stops at Downtown LA Cafe and Human Leg meant for Donation is Stolen while the Driver Eats at Restaurant ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




In Monty Python's "Meaning of Life" there's a scene where a British Officer wakes amid a the Zulu wars missing a leg.  The doctor believes that it was taken from him by a tiger as he slept but, in fact, it had been stolen during the officer's slumber by two (2) men who were dressed as a tiger (you can watch the scene by clicking here).  



Back to reality and fast forwarding to present day L.A., CA....  A human leg was snatched in the early morning hours on Monday, October 19th, 2015  from a tissue donation organization's van in California whilst the driver's ate breakfast.



Employees of the nonprofit organization "One Legacy" (no pun intended) were eating at The Original Pantry Cafe when the burglary took place.  Per One Legacy's CEO Tom Mone:  "The van was parked in downtown Los Angeles while the One Legacy team was on a scheduled stop.  Upon returning to the van, the team discovered the van's window had been broken.  The thieves took two backpacks containing the team's personal belongings and a donated human tissue from a transport container. This appears to be a routine vehicle break-in by thieves looking for valuables.  The One Legacy van involved in this incident was not marked in any way.  We do not believe the van was targeted because it was transporting donated tissue."



Per a statement by the L.A.Coroner's Office: "The Office of Medical Examiner-Coroner is aware of and distressed by the theft of a body part."  And per Chief Medical Examiner Mark Fajardo: "I was informed by One Legacy that a potentially libelous statement was posted on the Donate Life website (under the name Frank Peters-not a known employee of the Department) detailing the particulars of the incident and that One Legacy and the Medical Examiner-Coroner was involved in a cover up conspiracy.  As it stands today, we do not know who 'leaked' the information, but it appears at face value to be one of my employees.  I tried to be very direct and to the point informing the board, but whether the leg turns up, I do not know."  


So?  Was it a tiger?  In Africa?  Or thieves in LA?  And did they know what they were stealing?  Body parts are big business.  



If you don't believe me then just ask these guys...


For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  


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



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #BodyParts #OneLegacy #HumanLeg #Coroner #MedicalExaminer #Theft #Larceny #Amputation #HumanTissue

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Thursday, October 29, 2015

Snapchat SocialMedia FAIL! Wife was Busted Cheating by Her Husband after her Sexy Snapchat Pics Revealed Another Man's Boots in her Hotel Room ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1




DISCLAIMER:  I don't know if this is a true story or not as a) the main source, "The Chive", is not exactly the Washington Post and b) there are a lot of articles claiming that it is a fraud.  Still, the point is, or should be, well-taken...



As the story goes a woman named Chelsea sends her husband a few Snapchat shots of her in a hotel room provocatively posing for the camera while wearing a skimpy black g-string and matching black push-up bra.  The first pic, taken with her arms resting behind her head says:  "Hotel Room! Going to Sleep Soon".



The second pic, of her from behind, said: "One more before bed".  



And most guys / husbands would probably be thrilled to receive sexy Snapchats like this but look in the bottom right, under the table with the tv....



Yup, them there are men's shoes, and they reportedly do not belong to her husband, prompting this alleged response...



Again, the series of photos were published on the website The Chive, and while there is question about their authenticity the point of the story remains well taken:  Social Media is a two-edged sword.  



Memo to the Folks:   Following are Haber's Rules of Social Media 1 - 5:

Haber's Social Media Rule #1:  Think BEFORE you post.

Haber's Social Media Rule #2:   Once posted always posted.

Haber's Social Media Rule #3:  Don't post anything that you would not want your mother to read / see.

Haber's Social Media Rule #4:  Cops literally troll the internet looking for folks who go to, look in, download from or upload to targeted (and usually, but not always "deviant") sites.  They also conduct internet "stings", posing as children or deviants and looking to bag anyone foolish enough to take the bait.

Haber's Social Media Rule #5:  If it's even remotely relevant to a pending charge then prosecutors will cram your social media posts, and history (sites visited, searches made, etc) down your throat in court.

Watch Michael A. Haber, P.A.'s Webisode on Social Media and the Law by clicking on the YouTube link below...







Social Media:  It's all fun and nice until it's introduced into evidence against you in Court (or you get busted cheating by your significant other)...  See "Haber's Rules of Social Media # 1 - 5" by clicking here...



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



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #SocialMedia #FAIL! #SocialMediaFAIL #Snapchat #Busted #Cheating #Cheater #Unfaithful 
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