St. Cloud Personal Injury Lawyer - DWI

Company Lawyer Diagnosis The Condition Of The Austin Bus Driver

Mike Bryant — Sat, 21 Nov 2009 22:42:00 GMT

It has been interesting to read the different stories that have been looking for the answers to what happen in the tragic tour bus accident this week outside of Austin, Minnesota. I originally wondered if it was a medical condition or maybe the driver fell asleep.

Recently, MPR found that the driver's record included a seat belt violation from this year and a 2001 DWI in his personal vehicle. Probably, only important if there was more known about the drivers activities while the passengers were at the casino.

There has also been unanswered questions as to why the driver was on I-90. Apparently, that wasn't his expected route. There wasn't any weather that would have suggested a change. It would be important to know if maybe there was something going on that the driver knew about.

Now we have the lawyer that the company hired saying that "It's quite clear that he suffered an emergency medical event while driving the bus, and he's hospitalized for that." That may very well turn out to be true. But considering the State Patrol thinks it will be weeks before we know and that medical experts haven't come forward this sounds a lot like a defense.

I can assure you that he understands that a sudden medical emergency can be argued as an Act of God. If such a conclusion was drawn by a fact finder, there would be no liability what so ever. So hopefully, the investigations will get to the truth.

Originally posted at InjuryBoard by Mike Bryant

Hit And Run Intoxicated Driver Apprehended In St Cloud

Mike Bryant — Mon, 16 Nov 2009 06:26:00 GMT

Friday morning, a hit and run was reported in the 300 block of Seventh Avenue South. The driver was apprehended and was intoxicated and under the influence of a prescription drug, according to police. Officers also found a large amount of marijuana and drug paraphernalia inside the vehicle.

Recent research indicates that deaths involving motor vehicles are down in Minnesota, but at the same time those deaths linked to drinking and driving have increased. The rules are simple and must always be followed:

Don't Drink and Drive
Use designated drivers
Always remember that the more you drink, the more your odds of making bad choices increase.
As drivers on the road: It's also worth keeping in mind, the deadliest roads in Stearns county to try to stay away from at night.

Stories about hit and run collisions are yet another reminder why your uninsured motorist coverage is so very important. It is what protects you and your family is the other vehicle is uninsured or runs away.

Originally posted at InjuryBoard by Mike Bryant

DWI La-Z-Boy Isn't - Trademark Foul Kills E-Bay Auction at $43,500

Joe Crumley — Tue, 03 Nov 2009 08:37:39 GMT

E-Bay officials pulled the auction of the infamous DWI La-Z-Boy, aparently after the LaZ-Boy company claimed a trademark violation.

Proctor police chief Walter Wobig got a fax Monday morning from a La-Z-Boy representative, and had what he called a "congenial" phone conversation later. He thought the issue was done, but later in the day noticed the auction had been pulled just 11 hours short of ending.

The Star Tribune reported:

The [LaZ-Boy] representative told the chief to just make sure the eventual buyer doesn't continue referring to it as a La-Z-Boy chair. "And good luck with the sale," he said, according to Wobig.

But all went afoul by nightfall when the chief noticed the chair auction was off the website. Earlier in the day, Wobig said he tried to e-mail and call the folks at eBay but said there was no way to do that.

All he can do now is repost the listing without the trademark name, begin the bidding at $500 once again and hope bidders will drive the price to former heights.

An autographed photo of the former owner, Dennis Anderson, sitting in his chair, fetched $710 on eBay. Anderson's family and friends said the money will be used to help pay legal fines and legal fees after he crashed his recliner into a parked car while driving drunk.

Wobig is a little tired of the whole thing:

Hoping that bidding will begin again today, Wobig said he'll end the auction after three days instead of the original five. He has fielded calls, letters and e-mails from some who love the auction idea and others who "want to string us up for taking the man's chair away."

"In the past four days I've done nothing but dealt with this thing," he said. "I can't go through that again."

The chair is agian up for auction, but the bids have not yet approached the $45,000 that was achieved on the first auction.

Originally posted at InjuryBoard by Joe Crumley

DWI La-Z-Boy Attracts $$Thousands in E-Bay Bids

Joe Crumley — Sat, 31 Oct 2009 11:08:32 GMT

Update here: DWI La-Z-Boy Isn't - Trademark Foul Kills E-Bay Auction at $43,500

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A motorized La-Z-Boy recliner seized by police after being involved in a DWI is attracting large bids on E-Bay.

For details, more photos, and some interesting comments, take a look at my earlier article: Driver Guilty - Drunk Driving a La-Z-Boy?!

The La-Z-Boy was seized from its owner and builder, Dennis Anderson of Proctor, near Duluth, Minnesota. Anderson who was arrested August 31 after leaving a bar and crashing the chair into a car in the parking lot. He had a 0.29 blood alcohol, over 3 times the legal limit, and it was his second DWI. Minnesota law allow seizure of vehicles used in more serious driving while intoxicated offenses.

As of 11:30 PM October 31, the bid was $38,100. The item can be viewed at online aution site E-Bay.

The Star Tribune described the chair:

The chair runs on a converted gasoline-powered lawnmower engine and has a steering wheel, headlights, rear roll bars, a power antenna, stereo and cup holders. It can top out at 15 to 20 miles per hour. Stickers on the back include a National Hot Rod Association logo and one that reads, "Hell yeah it's fast."

All the funds from the La-Z-Boy sale will be kept by the the police, state and the court system, according to the Duluth News-Tribune.

AHow high will the bidding go? Check back here, and I'll update the totals till the auction is finished Tuesday Night.

Anderson is selling an autographed photo of himself sitting in his La-Z-Boy to offset his legal fees, but that offering is getting substantially lower bids. As of 9:30 AM October 31, that bid was "only" $405, but there were apparently problems with those bids. By 11:30 PM, the top bids was $166.

Originally posted at InjuryBoard by Joe Crumley

Driver Guilty - Drunk Driving a La-Z-Boy?!

Joe Crumley — Thu, 22 Oct 2009 14:37:09 GMT

10/31 - After you read this, look at the Updated Post here.

11/3/09 - Another update! DWI La-Z-Boy Isn't - Trademark Foul Kills E-Bay Auction at $43,500

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Drinking and driving is always a bad combination, but a Minnesota man has taken DWI in a more casual direction. Dennis LeRoy Anderson of Proctor, Minnesota (near Duluth), pled guilty Monday of DUI … while on a La-Z-Boy recliner!

The 61 year old Anderson had converted a La-Z-Boy recliner with wheels, a lawnmower engine, stereo, cupholders and headlights (see photo). Anderson does auto body work when he’s not making furniture into hot rods.

Unfortunately, he had a lot too much to drink before climbing into his chair, registering a 0.29% blood alcohol content, 3-1/2 times the legal limit! Anderson left the Keyboard Lounge on August 31, 2008, hopped on his La-Z-Boy but promptly crashed it into a real car in the parking lot.

The Star Tribune reported:

Deputy Police Chief Troy Foucault said the chair is "quite decked out." Along with the stereo and cup holders, it is powered by a converted lawnmower
with a Briggs & Stratton engine, a steering wheel, headlights and a power antenna.

Foucault estimated that the La-Z-Boy can top out at 15 to 20 miles per hour. A National Hot Rod Association sticker adorns the headrest.

The chair was impounded and will be sold at the next police auction.

"We have quite a few people calling about buying it," said Foucault, who half-seriously acknowledged that he's tempted to bid on it, except that "I have kids who would take it out and drive it on the street."

Anderson, with a prior conviction for drunken driving, was sentenced to 180 days in jail and a fine of $2,000.

Driving while drunk is serious business. As my partner Mike Bryant has written, drunk drivers can cause serious injuries to themselves and others.

Notice the ill-advised between-the-legs placement of that steering column/gearshift lever/whatever it is? I gotta think that "second collision" at 15-20mph could have caused more than "minor injuries." Ouch!

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10/31 - Updated Post here.

11/3/09 - Another update! DWI La-Z-Boy Isn't - Trademark Foul Kills E-Bay Auction at $43,500

Originally posted at InjuryBoard by Joe Crumley

Touring El Salvadorian Band Roll Van On Icy Roads

Mike Bryant — Mon, 12 Oct 2009 06:57:00 GMT

Saturday morning, a touring El Salvadorian band that was traveling by van across Jackson County lost control and rolled . The Minnesota State Patrol responded to the accident and found that due to icy conditions the van slipped, flipped, rolled alongside a metal guardrail and came to rest upside down on Interstate 90.

All eight band members were injured, with two of them in critical condition. It was reported that one of the most severely injured was ejected from the van. Two of the band members were airlifted , the rest were taken to the hospital by ambulance.

Sounds like they are all a long ways from home at the time of these sever injuries. Hopefully, they will heal quickly. These cases can have complicated No fault and insurance coverage issues.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

It's October, but tragedies like this remind us that we are just starting to see snow. It's never to early to be safe and review the winter road tips from DPS and MnDOT :

Always use seat belts.
Accelerate and decelerate slowly on icy/snow-covered roads to retain traction and avoid skids.
Do not use cruise control.
Do not “power up” hills, which may cause wheels to spin. Build momentum before reaching a hill and don’t stop while traveling uphill. Reduce speed before going downhill.
Know your brakes. Keep the heel of your foot on the floor and use the ball of the foot to apply firm, steady pressure on the brake pedal.
Give yourself plenty of travel time. Don’t put your schedule before safety.
Clear snow and ice from vehicle windows, hood, headlights, brake lights and directional signals.
Headlights must be turned on when it is snowing or sleeting.

Most police officers asked say the key is usually to Just Slow Down.

Originally posted at InjuryBoard by Mike Bryant

Summer Days Have Many People Taking To The Water- Be Safe

Mike Bryant — Tue, 14 Jul 2009 09:45:00 GMT

It's the hot season or minutes here in Minnesota, so many people are taking to our many lakes. Great time for water skiing, swimming and fishing. It's even fun to just float around on the waves. But, it's also a time to be safe.

The water patrols have announced 'Operation Dry Water' an effort across the country to cut down on drinking and boating. In Minnesota the legal limit is 0.08 and first offenders can be fined $1,000 and go to jail. "We're seeing more and more of these where everyone's having a good time and drinking, but they're skiing and they turn around to pick up a falling skier and they'll run right into the skier," said Jeff Dauterman, a recreation safety warden with the DNR.

In 2008, there were 12 boating deaths in Minnesota. a low. This year is trending up with more boating deaths and accidents, including in north-central Minnesota. Most deaths among boaters are caused by falls overboard and capsizing, says Beltrami County Sheriff Phil Hodapp. In a small boat, a boater has to resist the urge to stand up. Those who must move around should keep their weight low and close to the center of the boat. And, it should go without saying that a boater should wear their personal flotation device. “Wearing your PFD is the best life insurance policy afloat,” the sheriff said.

To be prepared take some time and take the Boat safety course and exam. Also make sure to review the Minnesota Boating Guide. The water can be fun , but as many of my fellow Injuryboard members have pointed out, it can be deadly.

Originally posted at InjuryBoard by Mike Bryant

Recent Drunk Driver Caused Deaths Need To Be A Warning

Mike Bryant — Mon, 29 Jun 2009 16:49:00 GMT

While highway deaths continue to be reduced, the number of deaths caused by drunk drivers continues to rise. This just isn't acceptable and needs to be addressed.

Last year, 190 people in Minnesota died in accidents where someone had been drinking. That's up from the year before and the year before that.
Most alcohol-related crashes happen Saturday between 1 a.m. and 3 a.m.
More than 75 percent of those drivers are men and 56 percent are between the ages of 20 and 34.
About 40 percent have drunk driving records and their average blood alcohol level is 0.15.
About 12 percent of Minnesotans have been arrested for drunken driving.

This past week, two separate deaths will hopefully increase the attention to this issue.

On Tuesday, Christopher Iverson's family took him off life support. Prosecutors say a drunken driver hit him early Sunday morning while he stood at a Minneapolis bus stop.

That same morning in Champlin, police say a drunken driver hit and killed Heather Solberg and then took off. She had been walking home with friends from a fireworks display.

The numbers suggest problems that law enforcement and maybe the legislature will have to further address. It may require another look at the joint and several laws. When the recent law was revised, bars were granted reduced liability when they serve a drunk and the drunk causes a tragedy. It's time that the law change be revisited.

Originally posted at InjuryBoard by Mike Bryant

Major Change In Minnesota DUI Law

Mike Bryant — Fri, 29 May 2009 09:55:00 GMT

On April 30, 2009, the Minnesota Supreme Court issued its decision in State v. Underdahl. That decision holds that the computer source code for the operating software for the Intoxilyzer is subject to discovery provided a showing is made that the information may relate to the guilt or innocence of the defendant or negate guilt or reduce the culpability of the defendant as to the offense charged. In holding that the defendant had submitted sufficient supporting evidence to establish that the source code might relate to his guilt or innocence, the court referenced the written testimony of David Wagner, a computer science professor at the University of California in Berkeley, who explained the source code in voting machines, the source code's importance in finding defects and problems in those machines, and the issues surrounding the source code's disclosure. Additionally, he provided a copy of a report prepared on behalf of the defendants in New Jersey litigation about the reliability of New Jersey's breath-test machine.

The defendants further argued that the State of Minnesota was in possession of the source code for purposes of litigation. For years, the State has relied on the argument that the manufacturer of the Intoxilyzer 5000, CMI a corporation from Kentucky, was in possession of the source code and defendants could obtain it directly from CMI. CMI, however, refused to release the source code to defendants. The Minnesota Supreme Court specifically held that the State of Minnesota is in possession of the source code for purposes of litigation and required the State produce the source code to the defendant within 30 days.

If you are charged with a DUI in the State of Minnesota and you took a breath test at the police station, you may have new legal defenses based on the Supreme Court’s ruling in Underdahl. This is a very complicated and ever changing area of the law, so you need to contact an experience criminal defense attorney who understands the unique ramifications of this ruling.

Originally posted at InjuryBoard by Mike Bryant

Sobering Facts About Drinking And Driving

Mike Bryant — Thu, 14 May 2009 12:27:00 GMT

I recently came upon an article from the Rochester Post-Bulletin that looked at DUI's on both the statistical and the real story level. The stories are sad and a lot like we see in our personal injury practice. The numbers were a little staggering:

one in eight licensed motorists in Minnesota has a DWI incident on their record;
one in 39 has three or more convictions;
In Olmsted County the last 10 years have seen more than 9,000 people charged with misdemeanor DWI;
A person died in an alcohol-related accident every three hours in Minnesota;
A crash involving a driver younger than 20 occurred every 28 minutes in the state;
A motorist not wearing a seat belt was killed or injured in Minnesota every three hours.
Traffic accidents are the leading cause of death for Minnesota teenagers, eclipsing suicide, other accidents, cancer and homicide combined.
The risk of dying in a crash doubles when a teen driver has a teen passenger in the car and is five times greater with two or more passengers.

These numbers need to be reduced. Hopefully, continuing to review the stories and looking to more education on the issues, we can do that.

Originally posted at InjuryBoard by Mike Bryant