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A local Palm Coast resident could see up to 31 years in prison when he is sentenced this April after pleading no contest to a DUI manslaughter charge.

39-year-old Mark Lester Wolf entered the plea March 16. All told, he pleaded no contest to three charges including DUI manslaughter, DUI with serious bodily injury and DUI property damage. The charges all originated from a crash in February of last year. Wolf drove his Mercedes into a Nissan truck on Florida's I-95. The resulting collision ended with the death of 35-year-old Kelly Frates, a passenger in the truck, and three others in the vehicle. 

Surprisingly, Wolf pleaded not guilty to two additional counts of DUI bodily damage but was found guilty of these charges nonetheless. A request to dismiss leaving the scene of the crash charges was also denied. 

A "no contest" plea simply means Wolf did not admit nor refute the charges. It will be left entirely to a judge to determine appropriate sentencing based on those charges, then, and determine the level to which he will hold Wolf accountable.

The "no contest" plea is often used in order to seek a plea bargain without having to admit guilt. If an individual does not feel he can win his or her case, the no contest plea is an option to avoid a guilty plea or guilty verdict but not go through the entire legal process. 

There is conflicting opinion over whether a no contest plea is a reasonable solution to this type of scenario. In any potential civil lawsuit that arises from this case, and there may be a large lawsuit due to the loss of life and extent of damage, the civil court could interpret the no contest plea as a soft admission of guilt. More often than not, if an individual has pleaded no contest, he or she will be held liable in civil court. 


The New York Yankees Vice President in charge of minor leagues, Mark Newman, was charged with DUI in Tampa, Florida, late Monday night. 

Newman, 60, was arrested just before 11PM on Dale Mabry Highway in the Tampa area. He has been a member of the Yankee organization for 22 seasons. Newman was released on $500 bond.

The Yankee organization issued a statement saying:

"The New York Yankees do not condone this kind of behavior. We take this situation seriously and we are looking into the matter. We will have no further comment at this time."

Newman has made no personal comment, and no press organizations have been able to receive a response for phone calls. While the situation is undoubtedly embarrassing for Newman and the organization, the DUI is a misdemeanor charge, and the league will not likely take any action against the organization or Newman personally.


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Law enforcement and prosecutors have been waiting nearly seven months for results that would confirm exactly who was driving the car involved in an injury accident in Fort Pierce, Florida; they got their answer this week.

Officers previously suspected 26-year-old Maria Guadalupe Zapeta was behind the wheel of a car that injured a pedestrian and cause significant property damage in August of last year. That evening, a vehicle left the roadway at South 18th St. and Delaware, striking a pedestrian and coming to rest after hitting a palm tree.

The victime spent several days in the hospital. The vehicle was totaled at the scene, but police were unable to determine who was driving at the time of the incident. They tested all individuals present for intoxication, and Zapeta recorded a .204% on a breath analysis. No charges were issued, though, because Zapeta said she was not the driver.

Blood taken from the airbag on the driver's side was analyzed for DNA evidence. The deployment of that airbag and injuries on Zapeta's face seemed to show she was at fault in the accident; however, this evidence may not have been enough for a jury to convict Zapeta. She consented at the scene to provide DNA for sampling. The vehicle was impounded for search.

When the tests did come back, Zapeta was charged with reckless driving, DUI and two counts of giving false information to police. Further, Zapeta was in violation of her probation at the time of her accident. 

It is not all together uncommon for individuals involved in an accident to point to another passenger, saying the passenger was responsible. This is a defense often used if the passenger is more sober than the driver. However, it is fairly easy for police officers to guess who was driving based on physical evidence like the injuries Zapeta sustained. 

Photographs of these injuries could have been presented to a judge or jury in a trial as evidence of Zapeta's role in the accident. As a rule, though, prosecutors prefer to go to court with "hard" evidence; in fact, this is often the same reason they seek a BAC test instead of just completing a field sobriety test. It can be a challenge to convince a jury of guilt beyond a reasonable doubt in the absence of hard evidence. 

Law enforcement officials waited to bring charges in this case because, if they had pressed charges immediately, Zapeta could have pushed for a fast trial prior to the evidence being prepared, compromising the likelihood it would be entered into the case.


Both sides have rested their cases in the massive breath test challenge that will determine the fate of hundreds of Palm Beach County DUI offenders.

Attorneys are hoping to toss evidence in about 400 cases based on the fact that the Intoxilyzer 8000 used in the county was not in line with the model approved by the federal government, thus rendering the results inadmissible. In addition to the model discrepancies, there may be evidence police officers simply pulled the plug on machines that returned failed tests in order to stop the machine from recording the incident.

A witness from CMI, the company that manufactures the machines, says the difference was likely a typo in the company's marketing products. 

However, the further debate over whether the machines were turned off carries deeper implications. A member of the Florida Department of Law Enforcement was fired a few years ago for giving agencies advice that the machines could be turned off in order to avoid error reports. Prosecutors said power outages could have easily cause the discrepancies in the machines reports since they were very rare, just three instances were being brought to question. 

The case is now before seven judges who must determine whether the evidence, likely the only evidence that was used in a number of DUI cases, will be determined inadmissible, meaning many of the cases must be thrown out. 


The daughter of Florida Supreme Court Justice Jorge Labarga was arrested early Monday morning on charges of DUI.

23-year-old Stephanie Labarga was pulled over for traveling over 50 mph in a 35 mph zone. The car additionally had its blinker on, prompting a deputy to pull Labarga over. At that point, the officer noted signs of impairment. Labarga provided breath samples to show her BAC at .173% and .177%. She was booked around 4AM Monday morning then released later on personal recognizance. 

Labarga admitted she had been drinking to the deputy. She will face a misdemeanor charge of DUI that could result in penalties, loss of license and a small amount of jail or probation time. No spokesperson from the Supreme Court has commented on the arrest. 


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Miami Dolphin's cornerback Will Allen was arrested for suspicion of DUI on Saturday but released after posting bail.

Allen was discovered at a police barricade in the Miami Beach area. He wanted to go through the road block, but police could not let him do so. He allegedly smelled of alcohol when police stopped him for questioning. Allen provided a breath test sample of .16% and .152% - two tests are always administered for accuracy, and the lower of the two is used - at the stop.

The report indicates Allen resisted attempts by police to get him to vacate the vehicle, but he eventually complied. Allen has not commented to the press, but a spokesperson for the Dolphins said they do not yet have a comment. Allen just extended his $10M contract with the team.

This is the second NFL DUI arrest this weekend. The other involved Washington Redskin Byron Westbrook.


A Philadelphia Phillies non-roster invitee catcher was arrested in Clearwater, Florida, on suspicion of DUI early Monday morning.

Dane Sardinha has been on roster for the Reds and Tigers in the past, but he has seen limited playing time in the majors. He signed a minor league contract with the Phillies this year in hopes of making it back into the majors. However, the DUI arrest at 2AM Monday morning may slow down that goal.

The Phillies organization has not provided comment on the issue other than to say they are aware of the arrest. Sardinha did participate in a workout Monday morning just an hour or so after he was released from jail. The Phillies are in Florida for Spring training along with a number of other MLB teams.

Sardinha started 11 games for the Tigers last year before leaving the organization. The 31-year-old catcher may see penalties from the league, but this is not likely to occur unless the arrest results in a conviction.


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A local fire chief in North Port, Florida, has announced his resignation as a result of a DUI charge.

David Quaderer was stopped in a department-issued vehicle on Friday and failed a sobriety test. A local 911 dispatch received a call reporting a fire and rescue car had been driving "sporadically," according to NBC2 News. The caller said the driver exited the vehicle and urinated alongside Kings Highway before driving down the road further.

It is unclear how long Quaderer served the organization, with some reports indicating as much as 28 years prior to his recent resignation. He cited the "recent events" as reason for stepping down, and the department has not confirmed or denied placing pressure on him to do so.

Typically, a department will carry out an independent investigation of this type of arrest before considering disciplinary action. However, the face Quaderer was in a company-issued car would have likely reduced his ability to keep his job if convicted of the charges.


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