Aug

19

Montana Man Pleads Guilty to 11th DUI

By admin

On Tuesday, August 18, James Dean Lessard pleaded guilty to his 11th DUI offense.

The man from Billings, Mont. has 10 previous DUI convictions in Wyoming and Montana, with his first DUI in 1990 and most recent DUI offense in 2001. Currently, a plea agreement would sentence Lessard to 10 years in prison as a persistent felony offender.

If Lessard is classified as a persistent felony offender, future DUI offenses could mean an additional  prison sentence of 100 years.

Lessard admitted before District Judge Russell Fagg that he was under the influence while he was driving on April 8. His car car hit another car in a grocery store’s parking lot.

He is scheduled to be sentenced on Oct. 26.

Source: Billings Gazette

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2 Responses so far

Jail is the ONLY way to stop this guy, there isn’t any other way to keep him off the road! What else are they supposed to do? JAIL is the only treatment that will make people safe or he will have to have a complete change of heart which doesn’t sound likely under the circumstances. How else do you insure that he can’t get his hands on a car and since we don’t have islamic punishment here, noone is going to cut off his hands for anyone with that idea.
By the way, I came to this article after clicking on a DUI defense ad on the Photobucket website. I think his lawyer should go to jail with him.

This is a true story about a gross failure of the legal system. It is about abuse of power when give to the wrong individuals you will be greatly abused. To what extent is yet to be seen as the case moves on, but my life is destroyed. Below are the facts of a real situation, please feel free to write a comment, as this effects me today, but could be you tomorrow.

Fact : 2-23-2008 my fiancé and I had been staying at a hotel in Huntington. We had been drinking. We had an argument. My fiancé got violent. I left the room and went to my truck that had a flat tire started it and turned the heat on. It was a cold winter night, and when I left the room I left so fast I forgot my coat, and was scared to return to get it. Someone had called the police. (There are some good ones in Suffolk County right?)
The police arrive, and see me sitting in my truck. They approach, they ask me if I would submit to a breathalyzer. I responded Why, I have been drinking. I was immediately place under arrest, and charged with DWI, and my license was immediate revoked as I was also charged separately for refusing to take a breathalyzer.

Fact: There was a refrain from violent acts order issued to my fiancé for previously assaulting me. The original charge was assault in the 3rd but was reduced and part of the plea was anger management classes and the refrain from order.

Fact: I was beat up that night.

Fact: Suffolk County Police did not inquire about anything but if I had been drinking. Since I was under arrest, anything I say can and will be held against me, as per legal advice I was not to speak without my attorney present, so there goes trying to explaining anything.

Fact: I was released after I was in jail over night and ROR’d

Fact: I lost the Motor Vehicle hearing, and have to pay $1125.00 to reinstate my license so I don’t have it anymore.

Fact: My attorney Arthur Graseck submitted a motion to dismiss as there is a public highway issue. Even though I had been sitting in my car and had been drinking, the fact that I was not on a public hwy. meant something and the motion to dismiss was granted by Honorable Alamia, in room D 41 Central Islip.

Fact: That decision had no effect on DMV’s charge, and my license remains revoked.

Fact: On 8-8-2009 the people state that they had no knowledge of the status of the motion, and the fact that it was granted. In fact the people were moving to prosecute me anyway, again they had no knowledge of my attorney’s motion being granted a year and a half later. Judge Alamia put it to sleep and again reminded the people it remained dismissed.

Fact: 10-03-2009 I receive a letter from the DA, stating they are ready for Trial under Cpl 30-30, with no date attached.
Fact: I went to the unified court system and looked up the info. Apparently the ADA did not like Judge Alamias decision and made a motion not before Judge Alamia to reinstate the charge, they made the motion before Judge Behar disregarding Judge Alamia’s dismissal. Judge Behar issued a criminal summons for the same incident on 10-02-2009, under a completely different docket number and again for the same incident that Judge Alamia dismissed.

Fact: This is 17 months later when the ADA has decided they are not going to abide by Judge Alamia’s order, so they went to another Judge to get the result they want. I guess Judge shopping is legal?

Fact: 10-10-2009 I receive a letter from the 7th precinct stating that they have a criminal summons for me and failure to go and get it will result in a warrant for my arrest.

My attorney seems to think that this is violating my rights, but what else is knew. When does it stop, what is right and what is wrong. I understand my wrongs here and do believe I have paid in spades, $2500.00 to my attorney, I lost my job, my license (I am a single mom) fines that are still owed and can not make ends meet anymore… forget the fact that I was beat up that same night, and yes – my bad – I should have walked away from this fellow when he first lifted his hands to me.
I was actually putting the money together 2 get my license back, and that will come out of the mortgage, I was going o put it back because I can go back to work, but if they are only going to take it away I will definitely loose my house because I won’t be able to keep a job AGAIN, and won’t be able to make up the money I take from the mortgage (I am a Network engineer) I am robbing Peter to pay Paul to survive because of this. What drives these people that say are upholding the law? Are they really? I have the utmost respect for Judge Alamia, in a previous bench trial he had stated in his decision that one cannot take the law into there own hands, and the law will always cure itself. I do understand what he meant, theoretically it should (if you don’t have ADA’s judge shopping) I hate to challenge that, but the Officer that arrested me he didn’t loose his job, or his license. The DA that is doing a great job here, vigorously prosecuting me she has not lost her job, or her license.
Here I am almost 2 years later and have practically lost everything – (I have to rely on my mother to get me around, she is 70 and really should not be driving as she cannot see anymore. Did I mention that I also have a son that is disabled) How is the law really the doing anything but destroying someone and a family slowly? I am sure I will get through this some way, but how much more must I loose.
My trial starts on 10-21-2009. I have to go to the police liaison first to be finger printed and processed. Another thing I cannot understand, this was already done originally when I was arrested on 2-23-2008. When I see on these boards that say there are some good cops out there, and all this legal talk like we do have rights, makes me sick. Yes we do have rights, but I am learning that rights are all up for interpretation, or whatever suit’s the legal system on that day. If the legal system fails you and they make a mistake on you, the only one that pays is you.
By the way if anyone wants to buy a house please contact me leeza1007@aol.com (I am going to loose it soon anyway) 4 bdrm mother daughter new kitchen, 2 full baths, new siding roof windows. Needs rugs. 240k Rocky Point NY. Thanks for reading… hope I didn’t bore you. Judge Shopping in the Suffolk County’s DA’s office niice, what will they do next.