DUI Defendant Comes to Court Drunk

[directfiesta]

Figures ....

DUI Defendant Comes to Court Drunk

August 4, 2004 8:20 a.m. EST



UNIONTOWN, Pa. - Something smelled rotten when Michael Hanczyk showed up in court to fight a drunken driving charge. Authorities say it was the booze on his breath.

A judge stopped a hearing Tuesday and ordered the 42-year-old Hanczyk to take a field sobriety test after he and others said they smelled alcohol on Hanczyk's breath.

"Everyone smelled him," said district attorney Nancy Vernon.

A breath test indicated that Hanczyk had a blood alcohol content of 0.296 percent, more than three times the state's legal limit, Vernon said.

Fayette County Judge John Wagner Jr. threatened to put Hanczyk in jail for 30 days for contempt of court, but then said he would wait for a blood test. Hanczyk was taken to a hospital and the hearing was rescheduled.

Hanczyk's attorney, Daniel Hargrove, did not immediately return a phone call seeking comment late Tuesday.

Hanczyk was charged with drunken driving after a July 8, 2003, accident in Henry Clay Township, near the West Virginia border.

Police said Hanczyk suddenly stopped his car, setting off a chain-reaction crash with two other vehicles. After two troopers reported smelling alcohol on Hanczyk, he refused to take a field sobriety test but later agreed to take a blood test, which indicated he was drunk, authorities said.

But Hargrove sought to have the charge dismissed, saying police didn't have probable cause to arrest Hanczyk because he was driving safely.

[budz]

lol, damn now thats a drunk!

[bjjb]

I did that once. The judge was NOT amuzed. I coulda got probation, but she gave me 10 days lol Damn I used to do some stupid shit when I was young.

[lim_joe]

driving safely while drunk! nice!

[scoreman]

This is actually commonplace. I cut my legal teeth as a Public Defender in Jacksonville Florida in the early 90s, and I was carrying a case load of about 400-500 cases every 12 weeks. Maybe 10% were DUIs. Every 12 weeks I would have at least one dumbass who could not come to court sober. I use to carry a pack of Altoids in my briefcase and feed them to the worst offenders just so that I could stand talking with them in a huddle. The key I found was to get the alcoholics comfortable with the process that was taking place (no easy feat) and then there was alot less of a chance they would have to come to court plastered in order to cope.

[Corona]

Is being drunk a crime?

Or, did he drive to court to fight his DWI?

[Firehorse]

Well that is one way to convince the world you have a drinking problem!

[robfantasy]

this guy is clever, he can say he has a problem and needs help rather than jail time

[Morgan]

Originally posted by Corona
Is being drunk a crime?

Or, did he drive to court to fight his DWI?

I dont think you're allowed to be drunk or under the influence of anything while in court. Although, I never have heard this rule/law, it seems common sense to me.

[Marcus Aurelius]

my grandfather (who died when I was 1 week old) went into court drunk once on a driving related incident and was instructed by his lawyer to ask the judge to go easy on him, it was his first offense...being drunk did not help him at all, and he told the judge...

Just make it easy on yourself judge.

He spent a month in jail.

[Doctor Dre]

Beeing drunk in court is the last thing I would do ... you cannot loose your temper or nothing because it will jsut get worse . And alchool is the easiest way to get youself in bad situations

[theking]

I knew of an instance where a guy was in court waiting for his case to be called...it too was for a DUI. He kept leaving the courtroom and it became apparent why...he was going out to have a drink. After enough drinks he became loud and obnoxious in the courtroom and was arrested by Deputies right in the courtroom.