Tag Archive for: Plaintiff

Justin Bieber arrested for DUI

Justin Bieber arrested for DUI. On January 23, 24, Justin Bieber was arrested for DUI.  Unfortunately, Bieber provided a voluntary urine sample to the police.  According to reports, this urine sample has now come back. It provided a positive test result for both marijuana and alprazolam (Xanax).  Based upon reports from the police department, Bieber was unable to provide a breath sample at the police station upon initial requests.  Bieber attempted to grab the hose from the breath-testing device several times.   The police were able to convince Bieber to stop grabbing the hose from the breath-testing device. Reports show that Bieber did not provide a sufficient breath sample to test his breath alcohol content.  Reports further state that Bieber eventually provided a sample with a reading of .14 and .11.

This marks the first time Bieber has been arrested.  Since this arrest on January 23, 2014, Bieber has once again been arrested for an assault. However, allegedly occurred on December 30, 2013 after a Toronto Maple Leafs hockey game.  On January 29, 2014, Bieber filed a not-guilty plea prior to his arraignment. Currently scheduled for February 14, 2014 for the DUI charge.

While Bieber was charged with DUI in Florida, the State of Alabama provides two sections for which someone arrested for DUI under theses circumstances could be charged.  First, in the State of Alabama under Alabama Code 32-5A-191(1) a person can be arrested for a blood alcohol content of .08% or better.  Second, a person can be charged for DUI under Alabama Code 32-5A-191(5) for being under the influence of any substance which impairs a persons ability to safely operate a vehicle.  Because Bieber allegedly had a blood alcohol content of .14% and .11% he could have been charged under Ala. Code 32-5A-191(1).  Furthermore, Bieber alegedly had Marijuana as well as Xanax in his system.  This would have allowed him to be charged with DUI under Ala. Code 32-5A-191(5).

If you or a family member is facing similar circumstances in the Birmingham, Alabama area, you should contact Boles Holmes White to speak with one of our DUI attorneys.  These types of cases can be fought and an experienced DUI attorney may know of viable defenses other attorneys do not know about.

Vance Woman Charged with Capital Murder

Vance Woman Charged with Capital Murder. Birmingham police detectives have arrested and charged a second suspect in connection with a fatal December shooting where the victim was being robbed of heroin.  Amber Nicole Harris, 19, has taken into custody at the Jefferson County Jail where she is being held on capital murder charges with no bond.

The incident took place on December 31, 2013 when residents of the Ensley area called 911. At around 3:00 p.m. after reportedly hearing gunshots.  Birmingham Fire and Rescue paramedics were called to the scene where they pronounced Quintin Long, 22, dead.  Investigators identified Eugene Hale as a suspect and charged him with capital murder eight days later.  Further information led to the arrest of Amber Harris on January 7th, 2014.

Birmingham police spokesman Sergeant Johnny Williams Jr. said detectives have learned that the suspect and victim were involved in a dispute during a drug transaction just before the shooting.  Court records show that Quintin Long was killed while Eugene Hale attempted to rob him of heroin.  It is unclear at this time what role Amber Hale played in the murder. Williams said she was with Hale at the time Long was killed.

Vance Woman Charged with Capital Murder conclusion: Eugene Hale, 23, was also arrested in November on a charge of unlawful possession of drug paraphernalia. That case is set for trial this month.  Amber Nicole Hale was arrested in October on charges of possession of a controlled substance and possession of drug paraphernalia.  These cases have not yet gone to trial.

Two Men Arrested in New Year’s Day Home Invasion

Two Men Arrested in New Year’s Day Home Invasion. Police have made arrests following a home invasion and sexual assault that took place on New Year’s Day in Tuscaloosa.  Andrew Bryant, 19, was arrested Saturday on charges of first-degree robbery and first-degree rape.  He is currently being held in the Tuscaloosa County jail on $120,000 bond.  James Tristen Bostic, 19, was arrested on Friday on first-degree robbery and unrelated charges of resisting arrest and robbery.

Investigators are still on looking for Christopher Terze Childs, 19, in connection to this case.  He currently has outstanding warrants for burglary and rape.

On January 1, 2014, Northport police were called to Willow Brook Trailer Park where they were told three men forced their way into mobile home around 6:00 a.m. before they sexually assaulted a woman and pistol-whipped two men.  The victims were treated for injuries at DCH Regional Medical Center.

The suspects may also be responsible for other burglaries that took place in Northport trailer parks in the hours before the robbery at Willow Brook, and police believe more arrests could still take place.

“The victims were all in different rooms. It’s possible that more people were involved.  If we can identify any other suspects, there could be more charges in this case,” said Lieutenant Kip Hart of the Tuscaloosa County Metro Homicide Unit.

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Huntsville Woman Charged with Reckless Murder in Fatal Car Crash

Huntsville Woman Charged with Reckless Murder in Fatal Car Crash. Jessica Jean Gatewood, 50, has been formally charged with murder after she caused a fatal car crash in Limestone County this past September.  She now faces charges of reckless murder, driving under the influence, two counts of third-degree assault, and driving while revoked.  Gatewood remains in Limestone County Jail with bail set at $33,500.

State troopers accuse Gatewood of driving under the influence when she rear-ended a sport utility vehicle on Interstate 565 near Mooresville on September 25th.  Gatewood was driving nearly 70 miles per hour, in a 60 mph zone. However, she collided with a Range Rover driven by Terrell Kent Hollingsworth.  Hollingsworth, 45, of Decatur, died from injuries at Huntsville Hospital two days after the wreck.

Huntsville Woman Charged with Reckless Murder in Fatal Car Crash Conclusion:  She was charged in November 2010 with DUI in connection with a traffic accident in Limestone County.  While the case was pending, Gatewood was arrested two more times for driving under the influence.  She was arrested by Decatur Police on February 6, 2010.

After being arrested a second time in July of 2012 by Limestone County police, District Attorney Brian Jones’ office filed a motion to revoke Gatewood’s bond on the 1st case.  However, before she was arrested, the district attorney’s office allowed her to plead guilty to both Limestone county charges.

Tuscaloosa Sherriff’s Deputy Charged with DUI

Tuscaloosa Sherriff’s Deputy Charged with DUI. Tuscaloosa deputy, Patrick Bailey, has been placed on paid leave after he was involved in an accident that took place on Friday November 15th.  Bailey was arrested by state troopers on DUI charges after his personal vehicle struck an 18-wheeler near exit 79 on I-20/50 southbound around 3:30 a.m.  The driver of the 18-wheeler was treated for minor injuries and released from DCH Regional Medical Center.  Bailey was released from jail on a $500 bond.

Chief Deputy, Ron Abernathy, reports that Bailey will face disciplinary actions once the investigation is completed.  Patrick Bailey has been with the Tuscaloosa Sheriff’s department for almost two years.

Records show that Patrick Bailey has also been involved in the following accidents since 2006:

  • The first accident took place in 2006 when Bailey’s personal vehicle flipped on its side after hitting an embankment in Jefferson County.
  • The second accident happened in September 2012 while Bailey was on County Road 2 near Hillview in Tuscaloosa County.  A police report says that Bailey swerved his police car in an attempt to avoid a dog that had wandered into the road.  He made a controlled stop after striking the dog and waited for a state trooper to arrive on the scene.
  • The third accident occurred in March 2013 when Bailey attempted to respond to a suspected robbery.  He lost control of his patrol car and hit a guard rail on New Watermelon Road.  The police report shows that Bailey blamed the crash on slick road conditions.

These three accidents didn’t involve alcohol or lead to any charges against Bailey.

When Your Inheritance Becomes Our Money

When Your Inheritance Becomes Our Money. When parties file for divorce, courts consider the current financial situation of both husband and wife. Moreover, including whether they are working, and any assets that they may have. This is because, if a divorce is granted, courts will attempt to divide the assets of the marriage between the two parties. Therefore, in an effort to ensure that both can continue to life the lifestyle they are accustomed to after the divorce becomes final. This process is known as equitable division of the marital assets.

Generally, if one party has received an inheritance before the beginning of the marriage, it is not counted as marital property and therefore not subject to equitable division. It is possible, however, for a party’s previous inheritance to become part of the marital estate in certain circumstances. If this happens, a former husband or wife may be awarded part or all of one person’s inheritance.

There are two ways an individual inheritance can become part of the marital estate. One way is if the assets are co-mingled or mixed with marital property. A common way this happens is if the parties create a joint checking account after they are married. Because the joint checking account is created after the marriage, it is considered marital property. Therefore, if an individual chooses to deposit some or all of their inheritance into the joint account, the funds become co-mingled. This mingling or mixing cannot be undone. Even if a party could show the precise amount of the inheritance that was deposited. For instance, any funds in the joint checking account at the time of divorce are subject to equitable division.

The second way an inheritance can become part of the marital estate is if some or all of the funds are used for the benefit of the family. Family here includes both the spouse and any children of the marriage. One example of using funds for the benefit of the family is making car payments from the inheritance account. Using the account for educational expenses, such as tuition, books, or other fees. Using inheritance funds to finance vacations or trips for the family. If a court finds this use is so common as to create an expectation of the family that the funds are for their benefit. The inheritance can become subject to equitable division.

The attorneys at Boles Holmes White are very familiar with how courts calculate the size of the marital estate. Furthermore, equitable division, and other procedures that are part of filing for divorce. If you are going through a divorce now, or simply wish to discuss your options with experts in family law, please call the divorce attorneys at Boles Holmes White. With over 100 years of combined experience. Our seasoned divorce lawyers have the skills and expertise to guide you through the process and obtain the results you desire. Call today for a free consultation, and let us put our experience to work for you.

Former Montevallo Attorney Charged with Burning Pedestrian Bridge

Former Montevallo Attorney Charged with Burning Pedestrian Bridge. Steven Ralph Sears, a former attorney for the City of Montevallo, is now facing a first degree criminal charge of mischief in Shelby County involving an attempt to burn a bridge used by pedestrians and bicyclists.  Records show that Sears, 61, secured release from the Shelby County Jail on Saturday after posting a $5,000 bond.  He was arrested by authorities on October 11th at his Crestview Drive home on a felony warrant after an investigation was conducted by police and the State Fire Marshal’s Office.  Sears could not be reached for comment.

Montevallo Police Chief Jeremy Littleton reports that someone had attempted to burn the bridge four times over the last several months.  Authorities arrested Sears for an incident that took place during the morning hours of October 5th.

Steven Sears is known in Montevallo after his failed attempts in the city’s mayoral election.  He filed suit concerning the 2008 election after he lost to Ben McCrory by a final count of 412-403 votes.  Sears accused the winning candidate of failing to follow state law on campaign finance reporting but was unsuccessful in his attempt to remove McCrory.

Sears also ran in the 2012 election but was only able to collect 6 percent of the votes in the race.  Hollie Cast received 47 percent, McCrory 34 percent, and David Nichols 12 percent.

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Recent Decisions May Make Personal Injury Suits Against Alabama Doctors Easier

Recent Decisions May Make Personal Injury Suits Against Alabama Doctors Easier. Personal injury suits against doctors are generally referred to as medical malpractice lawsuits. Such lawsuits are governed by the Alabama Medical Liability Act (AMLA). Which generally requires the filer of the lawsuit to retain a medical expert to testify that the doctor against whom they wish to bring the lawsuit has violated the appropriate standard of care. Without providing this expert testimony, a lawsuit against a doctor is generally dismissed.

The AMLA provides an exception to this requirement if the wrong done by the doctor or medical institution is so obvious that one does not have to be a doctor to recognize that it is inappropriate. In other words, the “common layman” could understand, based on common experience. That the doctor or medical institution made an error. It is important to remember that this exception is a narrow one; however, in two recent cases, the Alabama Supreme Court identified situations where errors are such that expert testimony is not required.

In Morgan v. Publix, a customer of Publix brought a lawsuit against the chain’s pharmacy department. She alleged that she received the wrong medication from a Publix pharmacist when she went to have a prescription filled. Upon consuming the incorrect medicine, she suffered several negative medical reactions. Therefore, similar to an allergic reaction, such as swelling and hives. The lawsuit stated that she would not have suffered these personal injuries if she had been issued the proper medication.

In McGathey v. Brookwood Health Services, a patient brought a lawsuit against the hospital where she underwent surgery. During the operation, which involved surgery on her shoulder, the rest of her arm was attached to a metal bar in order to hold the arm still. As a result of a sterilization procedure, the bar was very hot. When the patient woke up after surgery she had sustained second and third-degree burns on her arm. The lawsuit stated these burns would not have happened if the bar had been properly cooled prior to surgery.

In both of these cases, the Alabama Supreme Court said that expert testimony was not necessary for the lawsuit to proceed. The Court said that one did not have to be a medical expert to understand that it was dangerous to either consume improper medication or to have one’s arm directly touching a bar that was very hot. As a result, the lawsuits were not dismissed and the plaintiffs were able to recover monetary damages.

During its discussion of the AMLA, the Supreme Court emphasized that the common layman exception to the AMLA’s requirement of expert testimony was a narrow one. Despite this, by providing specific examples of cases where expert testimony is not required. The Court has made similar lawsuits easier to bring in the future. The attorneys at Boles Holmes White, LLC are very familiar with the AMLA specifically and personal injury lawsuits more broadly. If you are interested in bringing a lawsuit against a doctor or medical institution please contact the firm at 205-502-2000.

Yeah! Usher Emerges Victorious From Custody Battle

Yeah! Usher Emerges Victorious From Custody Battle. The Pop Star’s Divorce Lawyer Took It Nice & Slow. Therefore, Usher, a highly successful pop icon who has been the subject of recent headlines involving a custody dispute with his ex-wife. Tameka Foster, got a ruling Friday that will enable him to retain custody of his child, Usher V. The child was hospitalized earlier in the week after a pool accident in which he got his arm stuck in an underwater drain. Tameka petitioned the court to change their custody agreement, and an “emergency” hearing was held in an Atlanta courtroom.

          The events that unfolded in the courtroom Friday were nothing short of dramatic. Lasting nearly two hours, evidence heard by the judge included Tameka’s own testimony. As well as a tape of the 911 call that was placed immediately after the pool accident. At one point, Tameka broke down on the stand, and lamented that she knows very little about the whereabouts or activities of her children. Furthermore, adding that she doesn’t “know the phone number to the house where they are.” Tameka also accused Usher’s aunt, Rena Oden, of not having “any control over the kids.”

           Usher’s divorce attorney, John Mayoue, represented to the court that the children are “thriving.” After that, said that Usher V was expected to be released from the hospital on Sunday. Ultimately, the judge dismissed Tameka’s petition to change their custody agreement. This means that Usher can retain custody of Usher V and his brother, Naviyd. Usher V and Naviyd are age 5 and 4, respectively.

           If you are involved in a child custody dispute, going through a divorce, or simply need to discuss your options with someone who understands the process and its implications. However, please call the divorce attorneys at Boles Holmes White. With over 100 years of combined experience, our seasoned divorce lawyers have the skills and expertise to guide you through the process and obtain the results you desire. Call today for a free consultation, and let us put our experience to work for you.

Divorce and Objects with Emotional Value

Divorce and Objects with Emotional Value. It is common knowledge that, when two people are getting divorced, assets will be split. This includes both larger items (house, car, other property), liquid assets (bank accounts, retirement accounts), but also items that are more difficult to value. Items with “sentimental value” are considered those that don’t give an economic advantage, but instead they have value because of emotional attachment.

For instance, when considering the value of a record collection, and how to divide the records, Alabama courts have considered which party has the greatest attachment to a particular item. Although this can be difficult to determine, courts consider if one party has had the item in their possession, how old the item is, and any other testimony regarding the importance of the item.

Divorce and Objects with Emotional Value Conclusion: Because such items can be divided in a divorce, it is important not to forget about them when you are filling out forms associated with divorce, which require a listing of assets, as well as monthly expenses. The attorneys at Boles Holmes White, LLC are experienced with these and other family law matters.

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Boles Holmes White LLC is a full-service law firm providing transactional, litigation, government relations and white collar/criminal defense. We represent both businesses and individuals throughout the Southeast Region. As a full-service law firm with roots in the small town of Dothan and with large Birmingham firm experience, all of our attorneys strive to provide clients “big firm” representation with “small town” accessibility and personal attention. That is what sets us apart.

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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