Justices: Refusal To Submit To Chemical Test Depends On Circumstances Of Case

first_imgJustices: Refusal To Submit To Chemical Test Depends On Circumstances Of CaseJennifer Nelson for www.theindianalawyer.comThe Indiana Supreme Court declined to go as far as one Court of Appeals judge did in declaring that “anything short of an unqualified, unequivocal assent to a properly offered chemical test constitutes a refusal.” In affirming the administrative suspension of a woman’s driver’s license, the justices concluded that whether someone refuses to submit to a chemical test depends on the circumstances of each case.Kristy Burnell was pulled over by Carmel Police officer David Kinyon in July 2014 after she ran a stop sign and made an improper turn. During the traffic stop, the officer believed Burnell was intoxicated so he administered three field sobriety tests, which she failed. He then asked her if she would consent to taking a chemical test and if she did not, her license would be suspended for one year, two if she had a previous OWI conviction.Burnell told the officer she had a previous OWI conviction in Florida and repeatedly asked to speak to her uncle, who is a police officer. Kinyon kept asking if she was going to consent, to which she eventually said, “Well if I refuse, I’m going to jail either way. So, yeah, I guess I gotta can take it.”Later, she attempted to walk away twice from the officers, resulting in her being handcuffed.Burnell sought judicial review of the license suspension, which the trial court affirmed. So did the Indiana Court of Appeals in a divided opinion with each judge writing separately. Judge Rudolph Pyle wrote the lead opinion, in which the court held there needed to be an unqualified, unequivocal assent to the chemical test or else one has refused the test.Burnell cited several cases to support her argument that her behavior showed she didn’t refuse to consent to the test, but “the tie binding these cases together is that even without saying ‘no’ or “I refuse’ a refusal nonetheless may be established on the basis of conduct alone if the motorist has clearly been asked to take a test,” Justice Robert Rucker wrote for the unanimous court.But the justices also don’t embrace Pyle’s proposition, finding it could be problematic if a motorist doesn’t speak or understand the language or has a non-alcohol-related auditory impairment such that she doesn’t hear the officer.“Instead we think it more appropriate to adopt an approach that takes into consideration the facts and circumstances of each case. Hence, we hold a refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test,” he wrote.Here, Burnell had the burden to show she did not refuse to take the test and she failed to carry that burden based on the evidence presented. The case is Kristy Burnell v. State of Indiana, 29S02-1512-CR-707.FacebookTwitterCopy LinkEmailSharelast_img read more

Read More »

Allardyce: Foundations are strong

first_imgSam Allardyce is convinced his successor will have a firm foundation upon which to build as West Ham look for a new manager. Allardyce’s departure after four years was confirmed after Sunday’s 2-0 Barclays Premier League defeat at Newcastle following months of speculation that his reign was drawing to a close. The 60-year-old leaves Upton Park proud of his achievements in returning the club to the top flight and keeping them there, and confident that, even if he has been unable to silence his critics, he has established a basis for future success. The reverse at Newcastle was their third on the trot, and came courtesy of a blunt performance as goals from Moussa Sissoko and Jonas Gutierrez eased the Magpies to a first win since February 28 and ultimately, top-flight safety. Allardyce said: “We can’t finish and we can’t score, and that’s become ever more apparent in the last few weeks. Our build-up is fine, but the depth of our quality of finishing is just not there and that’s an area for someone else now. “Looking at the overall season, to a certain degree we have overcome the defensive problems, but on the front line we have not had Diafra Sakho. Without him, we’ve found goals hard to come by. “Because Stewart (Downing) hasn’t kicked on, because Kevin Nolan hasn’t done what he normally does and because Enner Valencia hasn’t scored enough goals, that has been the biggest effect on our results. “I’ve had no complaints about the way we have played until the second half on Sunday, which I thought was really poor. I thought it was poor the way we went about our task when we had Newcastle very nervous in the first half. We let them off the hook and that was really disappointing. “It’s for somebody else to take the reins now and take the club forward.” He told West ham TV: “I think, like at any football club, there is always somebody who is discontented with what you are doing and I’ve said before that the club in itself, in terms of its support, is exceptionally good. “When things are not going well, they like to make themselves heard and you accept that as a manager. I think, if you look back at what we’ve done and how far we’ve come, you can’t be too dissatisfied. “You’ve got to look at the facts and look at what we’ve built with what we’ve had to spend and how hard we’ve worked – and I’m not just talking about me, my staff and the players, but the relationship with the owners in terms of how to get that money for recruitment comes from them and their support. “I think we’ve done great. We’ve made mistakes but I don’t think we’ve made too many and, in the end, you’ve got a younger squad for someone else to manage which has learnt an awful lot in the last 12 games, particularly those who were in their first season in the Premier League. “Up to Christmas, they might have been thinking it wasn’t as hard as they thought, but they certainly know it’s hard now. “That experience of the downside will form the basis for the next manager and hopefully make them better and more consistent for whoever is in charge next year.” Former Hammers defender Slaven Bilic, who has confirmed he will be leaving Turkish club Besiktas, is the bookmakers’ odds-on favourite with David Moyes and Steve McClaren also figuring prominently. What proved to be Allardyce’s final season in charge at Upton Park started at a sprint, but ended in a limp as they slipped from the upper reaches of the Premier League table to eventually finish in 12th place after a run of 16 league games which yielded just two victories. Press Associationlast_img read more

Read More »

Women’s hockey: Badgers slip to No. 2 after splitting weekend series with unranked Bemidji State

first_imgIn a major upset, the University of Wisconsin Women’s Hockey team (24-4-0, 14-4-0 WCHA) fell to the unranked Bemidji State Beavers (10-16-2, 7-9-2) on Bemidji’s home ice Friday. With this just their fourth loss of the season, the Badgers were unable to hold a 1–0 lead as Bemidji State netted two goals midway through the third period. Mekenzie Steffen opened scoring for the Badgers in the second period after a scoreless first, giving Wisconsin their first and only lead of the night. Despite the Badgers managing to fire off 29 shots on top of the goal from Steffen, they remained scoreless the rest of the game after an impressive performance from Bemidji State goalkeeper Lauren Bench.The goal that ended up as the game-winner for the Beavers came during a power play following an interference penalty by senior Captain Annie Pankowski.Men’s hockey: Badgers earn two points in shot-filled series against Michigan StateThe University of Wisconsin men’s hockey team (9-12-5, 5-6-5-2 Big Ten) had a subpar outing this weekend in East Lansing, Read…Unfortunately for the Badgers, the shot from Lydia Passolt — originally off target — was deflected into the net and ultimately won the game for Bemidji State.Friday’s matchup certainly came with a disappointing finish for the Badgers, but the team was able to bounce back on Saturday by shutting out the Beavers in a 4–0 victory.Lead by senior Sam Cogan — rattling off two goals within eight minutes of each other — the Badgers jumped out to an early lead. Wisconsin maintained this lead throughout the second game of the series, holding the Beavers scoreless.The Wisconsin defensive line led this effort for the Badgers, as goalkeeper Kristen Campbell faced just 16 shots all game. While this game served as a solid rebound for the Badgers after a shocking loss the previous game, it did not prevent the Badgers from facing negative repercussions from their slip-up.Wisconsin has continued to trail Minnesota within the WCHA standings all season long, despite the Badgers staying atop national rankings since the beginning of the 2018-19 season.Women’s hockey: No. 1 Wisconsin looks to continue offensive production on the road against Bemidji StateThe No. 1 University of Wisconsin women’s hockey team (23-3-0, 13-3 WCHA) heads to Bemidji, Minnesota, this weekend for a Read…This loss, unlike their previous losses, was enough to relegate the Badgers to No. 2 in the nation.While this is certainly not the worst position to be in, it does serve as a reminder that, despite their impressive record, the multitude of opponents able to challenge the Badgers is not small in number.Consistent play is necessary to remain atop the ranks of talented teams that stack the WCHA and NCAA as a whole.With three tough opponents left in the regular season, the Badgers will have to play well in order to recapture their No. 1 national title and secure a spot at a national title.The Badgers will be back in action at home Saturday and Sunday in the LaBahn Arena. They will face Minnesota State-Mankato in both contests and the games will both take place at 2 p.m. Saturday’s matchup will be on Fox Sports Wisconsin and can be listened to on Badger Radio Network, 100.9 FM. Sunday’s game can be heard on 1310 AM.last_img read more

Read More »

Sports Briefs

first_imgPacquiao to return April 9 against Bradley LAS VEGAS (AP): Manny Pacquiao will return to the ring April 9 for the first time since losing to Floyd Mayweather Jr., and it will be against a familiar foe. Promoter Bob Arum said Wednesday that Pacquiao will fight Timothy Bradley at the MGM Grand in Las Vegas for a third time in his first bout since losing a decision to Mayweather in the richest fight ever. Pacquiao re-injured a shoulder in that fight and was ineffective against Mayweather in dropping the unanimous decision. Technically, the fight with Bradley will be the rubber match of their three-fight series. However, most in boxing believe Pacquiao won the first fight in 2012 easily – the judges gave it to Bradley – and was largely dominant in the rematch, which he won by decision. Top rank spokesman Lee Samuels said the pay-per-view fight has not officially been signed, but that both fighters had agreed to terms and would be signing soon. Pacquiao was given a $2 million advance on his guaranteed $20 million purse, Samuels said. Messi scores in 500th game for Barca BARCELONA, Spain (AP): Lionel Messi scored in his 500th match for Barcelona to help them ease past Real Betis 4-0 on Wednesday and ensure they kept the lead of the Spanish league to conclude a superb year for the Catalan club. Barcelona broke a run of consecutive draws in the league to cap one of their best years in club history. Before kick-off Andres Iniesta paraded the recently won Club World Cup trophy, their fifth title won in 2015. The four goals scored took the year’s tally to 180, bettering Madrid’s milestone of 178 from 2014. “It was a spectacular year, and we wanted to finish it in the same way,” Messi said. “It will be complicated to better this, but like always we will try to do so.” Messi recovered from a hard knock with Antonio Adan that was ruled a penalty against the Betis goalkeeper, by scoring Barcelona’s second goal, after an own goal put the Catalan side on its way. CAS rejects appeal from Musa Bility LAUSANNE, Switzerland (AP): The Court of Arbitration for Sport has dismissed Musa Bility’s appeal to overturn his exclusion from the FIFA presidential election. Bility, who is from Liberia, failed to make the field after failing an integrity check. FIFA’s election monitoring panel ruled the Liberian football federation president ineligible last month. No reason was publicly given, but Bility said a previous criminal allegation against him was dismissed by a Liberian court. CAS says it will release the grounds for its decision early this year. FIFA has approved five candidates for the election to be held on February 26. Michel Platini, who has been handed an eight-year ban but still hopes to run for FIFA presidency, is also expected to appeal to CAS. Monfils out of Hopman Cup with leg injury PERTH, Australia (AP): Gael Monfils has withdrawn from the Hopman Cup mixed team event due to an unspecified leg injury and will be replaced by French compatriot Kenny de Schepper. It was not clear whether the injury would prevent the 24th-ranked Monfils from competing in the Australian Open beginning January 18 in Melbourne. Hopman Cup tournament director Paul Kilderry said yesterday “it’s unfortunate to hear Gael is unable to play in Perth … we wish him well over the next couple of weeks ahead of the Aussie Open.” De Schepper and his partner Caroline Garcia play their first match Monday against the Britain team of Andy Murray and Heather Watson. Serena Williams and Jack Sock open for the United States, also on Monday, against Elina Svitolina and Alexandr Dolgopolov of Ukraine.last_img read more

Read More »

Taekwondo Association Creates Ebola Awareness

first_imgThe Liberia Taekwondo Association last Saturday created Ebola Virus Disease preventive measures awareness, along with a parade in Monrovia. The LTA also held a brief exhibition match at the Sports Commission, on Broad in Monrovia.The association’s president Gbene Wode Doh Baker told the Daily Observer that the parade and the exhibition match were meant to reinforced awareness on preventive measures from the Liberian government towards the fight against the Ebola Virus Disease.“We also want our athletes and the general public to recognize the need for our continuous use of preventive measures against the virus,” President Baker said.At the Sports Commission, taekwondo athletes engaged in several demonstrations to end their activities.The association meanwhile displaced new outfits received from South East Asia for its programs.Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)last_img read more

Read More »