Another Athlete, Another Day, Another DUI

Not Again. Can we keep up with the lack of sober athletes on our roadways?

Now from the streets of Miami another DUI manslaughter, this one courtesy of pro footballer Donte' Stallworth, whose video 's sobriety test has somehow been put online already, and as an attorney you ask, 'Has anyone ever played this game?'

Is this tampering with evidence? Improper pre trial publicity? Marketing for the sake of You Tube? Oh well, they want to put cameras at intersections, I guess you can put videos of cops questioning suspects online. But what ever happened to restraint? Are they going to be selling parts of Stallworth's car on ebay before the day is out? Not exactly a way to insure a fair trial, is it?

Meanwhile, outside the legal issues raised by the spontaneity of video surveillance of a criminal accident scene, another victim has lost his life to recklessness; another family has been shattered; and another life has been broken. Will we ever learn?

http://sports.yahoo.com/nfl/news?slug=ap-stallworth-pedestriankilled&prov=ap&type=lgns

http://www.miamiherald.com/460/story/951867.html

Deadly Porsche Hit and Run Story Reveals Unfolding Drama and Mistaken Driver

The story of the abandoned Porsche, two hit and run victims from England, and the car's jailed owner took a new turn and twist this morning when police finally revealed that the driver of the deadly vehicle was not the most likely suspect.

The public's eyes and ears and international attention had been focused on Ryan Le Vin, not just because he lived in a condo down the block from the fatal accident scene, but because he had been seen driving the car earlier that evening, and to boot, had a previous episode of hit and run with injuries. As a matter of fact, he was on probation for that hit and run, and violated the conditions thereupon. Consequently, when his name was released, he wound up getting locked up in Chicago for a VOP- lawyer slang for a violation of probation.

Newspaper articles then led a mini crusade against Le Vin, revealing his playboy lifestyle, a history of recklessness, and nearly 50 driving violations over a period of years. You could smell the blood. Based on what you read, for good reason. Turns out now that those opening scenes may simply have been scripted by the guy who writes Law and Order episodes. Police are not looking at Le Vin as the driver, but a partner of his with whom he had been partying earlier, who later got into a drag race of his own, only after Le Vin lent out his Porsche. This will be a 'ripped from the headlines' tv drama in 30 days.

The story unfolds below in today's Sentinel, and it is a drama most intriguing. For those who sit today as jurors, for those reading between the lines, what you see is the fascinating give and take of why it is so important clients find lawyers early on in a case. In Le Vin's situation, he found an able one in Keith Seltzer. In anyone's situation, having an advocate to espouse your cause can make a difference in the outcome of your case.

Mostly, as the episode slowly unravels, we see that the police had a reason for moving cautiously, and discover that there was in fact evidence they could not reveal to the public. Perhaps the families of the victims knew a little, but the police had to hold back a lot. What we do know is two lives were snuffed out viciously and senselessly on a quiet morning. What we do know is that someone is going to go to jail for that. What we are importantly learning is things are not always as they appear to be. The lesson is that the presumption of innocence is one of the things which makes American jurisprudence so special.

Le Vin, it appears from the article below, may have already been in police custody for a separate driving violation when the drag race occurred. If that turns out to be true, Le Vin should give more than his lawyer some of his millions. He ought to give it to the cop who locked him up before the fatal hit and run. That detention may have been the luckiest arrest of his life. He will never have a better alibi than those handcuffs.

http://www.sun-sentinel.com/community/news/fort_lauderdale/sfl-flbhitandrun0304sbmar04,0,6793012.story

'Killer Porsche' Owner on Probation for Hit/Run

Now let's talk about the killer Porsche. The cops have ID'd the owner, who now has to sweat what forensics is going to do. He apparently has not hired an attorney yet, but referred questions to Keith Seltzer, who has no comments yet. A Sentinel feature yesterday quotes Ken Padowitz and Milton Hirsch, each saying this is going to be one tough case to prove. Maybe so, but let's hope for the sake of our community, it is proven, the murderer is apprehended, and the killer convicted. In light of the fact that so much of this case could turn on forensics, that damning report in yesterday's blog is worth scrutinizing carefully.

This story is all over the papers in Great Britain, but they can't brag too much there either. The headline in the Daily Mail yesterday, an English paper, is about a lorry driver that was caught in a mass collision, rear ended a vehicle with a family of six, and killed them all. He got a year. One year. There is a single episode rule in England, and the driver cannot be cited for each fatality.

Now this morning, surprise of all surprises comes the revelation that the owner of the Porsche, who says he ‘was not driving’, just so happens, totally coincidentally of course, to be on 30 months felony probation for drag racing, fleeing, and assorted, sundry felonies. As a matter of fact, he is allowed to be in Florida to supervise his parents' beach front properties, just down the block from where the murders occurred.

Here is the new report:

"Cook County, Ill., court records show that LeVin was sentenced to 30 months' probation in November 2007 after leading Chicago police on a high-speed chase in a blue Porsche, a 2001 Targa. Police estimated he reached 100 mph during the July 31, 2006, chase, and he struck several vehicles and injured a police officer and two motorists, according to police reports.

After the Chicago chase, police found cocaine in LeVin's car, according to court records. He initially was charged with seven felonies and ultimately pleaded guilty to one — aggravated fleeing."

Here is the full link:
http://www.sun-sentinel.com/community/news/fort_lauderdale/sfl-flbhitandrun0219sbfeb19,0,5416748.story

His next address: the Broward County Jail. Here truly though, is the reason defense attorneys exist. So much of the circumstantial evidence points so transparently to this guy LeVin that he absolutely positively unquestionably needs a lawyer to insure that the State of Florida does not jump on the bandwagon of the obvious, but is instead held to the demanding standards of proof beyond a reasonable doubt.

Hit and Run Killer Still Free

No arrests have been made yet in a hit-and-run that killed two British tourists on the Fort Lauderdale beach last Friday morning. A white Porsche believed to be involved in the incident was found abandoned near Interstate 595 later that morning.

Witnesses described seeing the cars hurtle along at 100mph. Detectives know the name of the person to whom the Porsche is registered, but they have not said who they think was behind the wheel. The search continues for the second car. Will there be a witness? Will DNA prove something? Will there be pictures of the driver's vehicle crossing the E Clay Shaw Bridge moments after the accident, identifying the driver? Are there cameras at that location, so close to the port and large tourist ships? Maybe Homeland Security has something?

The victims were identified as Craig Elford, 39, a father of 3-year-old and 1-year-old girls, and his business partner, 48-year-old Kenneth Watkinson. They were in town recruiting for their budding medical supply company. Police believe the Porshce lost control and swerved to the pavement, hitting the men from behind. Their sudden death has generated international outrage, with newspapers in the United Kingdom running photographs of the smashed Porsche.

Too many times over too many years have we borne witness to these senseless tragedies here on our beaches next to our homes. One second you are on your bicycle or running with your dogs, and the next you are subject to the reckless abandon of mindless morons who do not ever grasp how deadly their vehicles can be. It is easy to relate to the outrage.

The owner of the vehicle has been found. Now the question is will he come forth and say who had dominion, custody and control of his vehicle at the time of the accident. Maybe some kid took it for a joy ride. Whatever, he should be seeking counsel. He has that right, as well he should. After all, the State will be seeking jail. As well they should.

http://browardlawblog.blogspot.com/2009/02/death-on-seabreeze-boulevard.html

Sadly it goes on, in every city, everyday...
http://www.nydailynews.com/news/ny_crime/2009/02/01/2009-02-01_drunken_joy_ride_in_queens_in_stolen_car.html

Drunk Officer Kills Law Grad in Brooklyn

From today’s NY Daily News, information that a drunken New Jersey cop plowed into a young couple walking home after a night of dancing in Manhattan killing a recent law school graduate and injuring her boyfriend. They were in Battery Park coming home from a dance.

The young woman killed came to America from China to live in a free world. And the two bodies run down by a Porsche yesterday in Fort Lauderdale were indeed identified as tourists from Great Britain.

The ripple effects of drunk driving are heard throughout the world in city after city, nite after nite. With all we know, with everything we have been taught, with all the prevention programs publicized and in place, senseless death runs rampant on our roadways.

"He's a good cop, and a really good guy," said a Jersey City buddy, "This is all just a big shock."

It always is.
But it really isn’t.

Cops or judges, lawyers or doctors, whatever your profession; that does not matter. Anyone anytime anywhere can have a drinking problem. But you need to try doing something about it today when you are sober.

Later is always too late.

Drag Racing Brings Death to Seabreeze Boulevard

Death on the Curve
by Norm Kent

This is an image of a stunning vehicle, a late model Porsche. This morning it is an image of death.

Someone driving a vehicle such as this was in a drag race on Seabreeze Boulevard this morning, just off Las Olas and A1A. Now, on a quiet and calm Friday morning in Fort Lauderdale, two bodies lie in the morgue. The driver of the crashed Porsche is missing, having fled the death scene he created.

The victims, two young men, police say in their 30's, were found dead on the side of the road. Guys that work out at the Zoo Gym on the beach found them. They have not been identified. It is too soon. Perhaps tourists, they are nevertheless two lives tragically snuffed out by the reckless, and now criminal, abandon of others.

About 2:30 a.m., the police found the abandoned white Porsche with 'damage on the front left side.' No one cares about the car. It was lives they left behind. The vehicle was found on the side of northbound Interstate 95 near the eastbound 595 ramp.

For now, the killer has escaped. Perhaps he is lying by the side of the road, shaking off a night of alcohol. Perhaps he telephoned a friend to come get him. But he will be found. He will be apprehended. He will be prosecuted. He will be defended. He will have his day in court. He will also probably spend most of the rest of his life in jail.

Unsuccessfully, police used dogs to try to find the Porsche's runaway driver, but detectives believe the driver may not have fled on foot. Nevertheless, the vehicle will give him away. The DNA will track him down. The forensics will convict him. His life as he knew it is over.

The killer was drag racing in an area we who live in Fort Lauderdale know as 'Dead Man's Curve.' It is wider and safer than it was thirty years ago, but drivers still drag race, drink and act recklessly. On the morning of February 13, 2009 history will record that the curve took two more lives, as yet unidentified.

The serenity of a peaceful beach morning has been stolen. Lives have been shattered. Thirty yards away, there are kids on the beach playing in the sand, not ever knowing the toll some reckless driver in his Porsche exacted only hours before.

Related Story: Leyritz Back to Jail on Bond Revocation for DUI Manslaughter

http://www.sun-sentinel.com/news/local/breakingnews/sfl-bn-0213jim-leyritz,0,6612627.story