Appelman

Brewers’ Gallardo Arrested for DUI

Tuesday, 16. April 2013

CC image Wikipedia.orgIn an ironic tale, Yovani Gallardo, who pitches for the Brewers in a stadium named after the Miller brewing company, was arrested and charged with DUI early Tuesday morning after getting behind the wheel following a night on the town.

A concerned citizen alerted authorities to a possible drunk driver after witnessing a car driving at erratic speeds and swerving between lanes.  Deputies were able to track down the driver, and noticed the car was only traveling at 40 mph in a 55mph zone.

After stopping the vehicle, authorities noticed that Gallardo had glassy eyes, slurred speech and smelled of alcohol.  He consented to a breathalyzer test, which revealed a BAC of 0.22, nearly three times the legal limit of 0.08.  Gallardo took a second breathalyzer following his arrest, which also came back with a reading of 0.22.

Milwaukee County sheriff’s spokeswoman Fran McLaughlin said Gallardo complied with the officers’ requests throughout the process.

“He was very cooperative,” said McLaughlin.  “He said he had a couple of beers”.

McLaughlin went on to say that Gallardo faces nearly $800 in fines.  She said the first-offense drunken driving citation is not a misdemeanor or felony, but Gallardo faces a $300 fine for the DUI, and additional $300 for his level of intoxication, and a $178.80 fine for a deviating lanes violation.  In addition, Gallardo will have his driver’s license suspended for a minimum of six months.

Gallardo may also be forced to install an ignition interlock device in his vehicle, as recent provisions to Wisconsin Act 100 state that IID’s are mandatory for anybody convicted of a first offense OWI with a BAC at 0.15 or above.  Minnesota has a similar system, requiring IID’s to be installed if a person blows a 0.16 of higher.

Criminal Defense attorneys Melvin Welch and Stacy Kaye said Gallardo was fortunate to have run a-foul while in Wisconsin, which is one of the most reasonable states in regards to its DUI laws.  Had he been cited in Minnesota, Gallardo could have faced a variety of penalties, including:

  • Fines in excess of $1,000
  • Loss of license for up to one year
  • Jail time
  • Mandatory chemical dependency programming
  • Several years of probation

Although the Brewers are off to a rocky start this season, Welch added that “Yovani’s good fortune is coupled by not playing for the Twins this season.”

The Brewers issued a statement Tuesday morning acknowledging the incident.

“We have been made aware of the situation with Yovani and we take this matter very seriously,” the organization said in a statement. “We have expressed our disappointment to him and know he understands that behavior of this nature is of great concern to everyone in the organization. Yovani has acknowledged the seriousness of this incident and is taking full accountability for his actions.”

Gallardo is expected to make his next scheduled start on Thursday against the reigning World Series Champion San Francisco Giants.

Related source:  ESPN

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Avery Appelman is a criminal defense lawyer and the founder of Appelman Law Firm. While his practice is primarily recognized for its work with DWI and related offenses, he has 16 years of experience working with clients on drug, assault, theft, traffic, criminal sexual conduct, and prostitution charges.

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