A Florida attorney says his client was convicted of drunken driving after he refused to stop for a police officer who had his headlights on for an hour.
Marc Kardashia, the former chief of the criminal division of the Florida Bar, said his client, Richard Schultz, was convicted in 2012 of driving drunk after he drove into a parked police car on a Florida highway and caused $4,500 in damage.
Kardashias lawyer, Robert Schindler, said Schindlers trial lasted about an hour, and he did not see the video of the crash that resulted in the conviction.
“Mr. Schindle, you have a right to remain silent.
You have the right to refuse to answer questions,” Schindelers attorney told the jury.
The Florida Highway Patrol said the officers on scene did not call for backup and the crash occurred on Highway 2.
The patrol officer involved in the accident was not injured.
The prosecutor who represented Kardashes, Robert McDaniel, said he did call for back-up.
“The question is why didn’t you call the police?
Why didn’t the officer come and help?
Why did the officer not intervene?
Why weren’t you able to use your police powers?”
“Why didn’t he intervene?
If you’re going to say he’s the bad guy, why didn.t he call the ambulance?
Why wasn’t he arrested?
Why isn’t he being prosecuted?”
Kardashes attorney also said his clients attorney, Mark Sperling, told him he didn’t know what was going on, so he decided not to file a motion for mistrial.
“It’s not his job to do that.
It’s not the police’s job to determine that the police didn’t intervene.
If it were, then you would have had an attorney in there who could have made that determination,” McDaniel told ABC News.
Sperling was also not called to testify, but he did tell the jury that he and Kardashing attorney, Richard J. Schulz, both testified in the trial.
He also said that he met with Schulz several times and he would go to his home in Orlando to see him every once in a while.
“We were not friends,” he said.
“We were never friends.”
In 2013, Kardas trial was the focus of a scathing report by the National Highway Traffic Safety Administration that said Kardatias attorney, who was not present during the crash, was not a licensed attorney and had not received the training required by Florida law to practice law in the state.
The NTSB said the attorney did not understand the law and failed to file all of the necessary paperwork to practice.
“I was not an attorney, and that was my understanding,” Sperls attorney said.
He said KARDASHIAS attorney was never informed of the potential consequences of not following the law, including jail time.KARDASHIS lawyer told the judge he did his best to follow the law.
“My client never went out and was in a bar,” he told the court.
“I never had a drink and got a ticket.
I was not intoxicated and that’s the only reason I was convicted.
I didn’t even have a ticket.”
Sperls lawyer told jurors he thought he was in his early 20s and he was not going to jail.
“If you’re in your late 20s, you are going to be out of a job.
You’re going into a place where you’re not going back,” he was quoted as saying.”
But it doesn’t make you innocent.”
Sparls attorney told jurors that he believes the prosecution is correct that the driver’s lights were turned off for the first half of the night.