 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Allen v. State4/2/2002
ation wagon. Appellant was able to respond to the fireman's inquiries with appropriate answers and stated repeatedly that he "didn't see them" or "didn't see them turning." A paramedic also observed appellant at the scene "in the process of either sitting down or falling down in front of his vehicle." In assessing appellant for potential injuries, the paramedic smelled alcohol and asked if appellant had been drinking. Appellant replied, "Yes. I had a few. It was a while ago. I'm not drunk . . .." Appellant's speech was "okay" and appellant gave appropriate responses to the paramedic's questions. The paramedic further testified that while he was transporting Mary Fink, appellant, Heather Johnson and her child to the hospital, Heather Johnson stated that the station wagon was about to turn and "he turned in front of the other vehicle."
[ ] Officer Christopher Schell of the Wyoming Highway Patrol arrived at the scene shortly after the collision. He observed both empty and full beer bottles in the station wagon, including some located in the front seat area. According to Officer Schell, appellant had bloodshot eyes, was unsteady on his feet, and he observed an odor of alcohol coming from appellant.
[ ] Dr. Mary MacGuire, a general surgeon, encountered appellant at the emergency room. Appellant "smelled strongly of alcohol," slurred his speech, experienced difficulty focusing, and appeared to be intoxicated. Dr. MacGuire then treated Albert Fink, who arrived with "flail chest" in at least four segments (patients usually present with only one "flail segment") indicating a very severe injury to the skeleton of the chest wall and severe soft tissue injuries to the lungs and heart. Albert Fink was in irreversible shock, was bleeding into his abdomen, and had suffered severe pulmonary injuries. Dr. MacGuire performed emergency surgery to remove or repair Albert Fink's internal organs and stop his internal bleeding. Even after surgery and receiving medication, Albert Fink was unable to maintain adequate blood pressure. In the doctor's opinion, Albert Fink had suffered "unsurvivable" injuries in the collision. He died at 3:00 a.m. on April 15, 1999, about twelve hours after the collision.
[ ] Mary Fink sustained a complex fracture of the "right lower leg in the region of the ankle" in the collision, in addition to a possible heart contusion. Dr. MacGuire did not observe any other "significant injuries" to Mary Fink during an initial emergency room examination. According to information provided to the Natrona County Coroner, Dr. James Thorpen, Mary Fink was under medical care at the hospital on April 14, 1999, until she was discharged "a couple of days later." She underwent surgery for "an open reduction and internal fixation" of the ankle fracture on May 6, 1999, and the surgery "appeared to go well." After complaining of extreme dizziness early the morning of May 7, 1999, Mary Fink "passed out" and died while at the hospital.
[ ] At 4:10 p.m. on April 14, 1999, a paramedic obtained a blood sample from appellant at Officer Schell's request. According to the State's forensic toxicologist, a subsequent test revealed that appellant's blood alcohol concentration was .15% at the time the sample was taken (assuming appellant had not consumed alcohol since the collision, it would have been as high as .17% at the time of the collision), and the sample was also positive for the presence of cannabinoids, which impair the central nervous system in a manner similar to alcohol. Appellant's testing of the sample resulted in a .127% blood alcohol concentration; however, the State presented testimony regarding the possibility of evaporation associated with delays between testing. Appellant was ultimately charge
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Wyoming DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|