Matthews Bark of Seminolecounty | Judge gives 10 years to Deltona man convicted of DUI manslaughter in I-4 crash near Sanford

Source    : Orlando Sentinel
By        :  Rene Stutzman
Category  : Matthews Bark of Seminolecounty,Attorney Matthews Bark of Orlando
 

A judge this morning handed down a 10-year prison sentence to a Deltona man convicted of DUI-manslaughter in a drunk driving crash on Interstate 4 near Sanford two years ago.

Adam Devine, 32, had a blood-alcohol level of 0.13, above the state limit of 0.08 when he hit the back of a car driven by Peter Gregory Kilan, 58, who lived in Volusia County.

The impact drove Kilan's Buick into an abutment.

The crash happened about 2 a.m. Aug. 25, 2013.

Kilan was en route home from his job at Walt Disney World, where he worked as a boat captain.

Circuit Judge Marlene Alva listened to an hour of testimony this morning before pronouncing sentence. Devine had faced up to 15 years in prison.
The DUI arrest was Devine's second. His first was in 2008, said Assistant State Attorney Dom Leo. In that case, prosecutors agreed to a pre-trial diversion program and when Devine successfully completed it, the charge was dismissed.

"It was not the first time you drove impaired," said the victim's sister, Kathleen Kilan Gonzalez. "It was just the first time you killed someone."

The victim's mother, Lilia Kilan Vachon, 86, said Devine had robbed her son of 30 years of life. She told Alva that she realized she could not send him to prison for that many years but asked for the maximum allowed.

Kilan is survived by a wife, two adult children and grandchildren.Devine did not testify. He sat alone in the courtroom jury box, wearing a Seminole County jail uniform, in tears throughout much of the hearing.

Defense attorney Chris Atcachunas told the judge that the tears were evidence of remorse, but she disagreed.They may have been tears for himself or his own family, she said.

"I'd be stunned if the person wasn't crying for the devastated lives he's caused," she said. "In any event, it is not an isolated incident."The hearing began with a string of friends and relatives telling the judge that Devine is a good friend, an ideal neighbor and a terrific co-worker.

He is a former altar boy who prays for the victim's family, said his mother, Michele Devine.

His aunt, Ellen Murphy, said he's worked for more than a decade at Best Buy, most recently at its store in Altamonte Springs.

(Read More : orlandosentinel.com/news/os-adam-devine-dui-fatal-crash-sentence-20151216-story.html)

DUI attorney matthews bark of seminolecounty | The Heat Is On Resumes with Holiday Party DUI Enforcement

Source    : julesburgadvocate

By        :  Press Release

Category  :  DUI attorney Matthews Bark of Seminolecounty, Attorney Matthews Bark of Orlando

As the leftover turkey is finally gobbled, for many it’s time for eggnog, craft beer, champagne and other holiday party libations – so it’s time for another The Heat Is On statewide DUI enforcement period. The Colorado Department of Transportation (CDOT), Colorado State Patrol (CSP) and 80 local law enforcement agencies are again teaming up to run the second of three holiday-related enforcement periods.

The Holiday Party DUI enforcement starts today, Dec. 4, and continues until Monday, Dec. 14. Colorado’s dedicated police officers will saturate the roadways and arrest impaired drivers throughout the state — all to ensure roads are as safe for individuals and families going to and from holiday celebrations.

“Winter weather should be the only hazard drivers contend with this holiday season,” said Darrell Lingk, Director of the CDOT’s Office of Transportation Safety. Unfortunately, during last year’s 10-day Holiday Party enforcement period, there were four alcohol-related fatalities, and CSP and local law enforcement agencies made 645 arrests. Our goal is always to reduce those numbers.”

Just recently, over the Thanksgiving holiday weekend, there were a total of 269 arrests for drunk driving statewide, with the Denver Police Department (23), Aurora Police Department (28) and Colorado Springs Police Department (17) citing the most arrests. In addition, CSP cited 69 DUI arrests statewide.

“Many of us travel during the holidays, so it is more important than ever to keep impaired drivers off of Colorado’s roadways,” said Col. Scott Hernandez, Chief of the Colorado State Patrol. “We will continue to enforce Colorado’s DUI laws aggressively throughout the two remaining The Heat Is On enforcement periods this year and beyond. If you choose to drink, make sure you have a designated sober driver, or plan to use alternative transportation.”

(Source : julesburgadvocate.com/ci_29205358/heat-is-resumes-holiday-party-dui-enforcement  )

Attorney Matthews Bark of Orlando | Toddlers in back seat as mom suspected of DUI leaves crash scene, police say

Source    : wesh
By        :  Associated Press
Category  : Attorney Matthews Bark of Orlando

A 28-year-old woman involved in a hit-and-run crash was driving under the influence with two toddlers in the back seat, according to police.
According to a police report, an officer called to investigate the crash near East Altamonte Drive and Palm Springs Drive tracked down the suspect not far from the original scene.The suspect driver, identified as Brandy Danielle Marie Depaul, changed her story several times, according to the police report.

The report said the victim told police he was driving east on Altamonte Drive in the left turn lane to heard north on Palm Springs Drive, when he was rear-ended by suspect's minivan. The victim said he followed the vehicle into a nearby parking lot, where two people got out and walked away.

The victim said he got out of his car and walked toward the driver, who was still in the minivan, but she drove around him and turned north onto Palm Springs Drive, according to the report.Once police caught up to the suspect, the report said, she told officers she knew she was in an accident but couldn't find the other car. She later said she didn't stop because her children were hungry and she needed to shower, according to the report.

The report said Depaul "appeared to be very sluggish and drained and "swayed severely while trying to stand."After conducting a series of field sobriety tests, the officer arrested Depaul on suspicion of driving under the influence of alcohol or drugs accompanied by two children and for leaving the scene of a crash causing more than $50 damage without making any attempt to leave information.

Depaul was taken to the Seminole County Jail, where a breath test and urine samples were collected. Depaul was cited for leaving the scene of a crash, no proof of insurance, careless driving and DUI pending the results of the urine analysis.The two children were handed over to Depaul's boyfriend.

(Read More : wesh.com/news/toddlers-in-back-seat-as-mom-suspected-of-dui-leaves-crash-scene-police-say/36406056 )