DUI and the Lawmaker
Posted on Jul 21, 2010 1:57pm PDT
As reported by The Wichita Eagle and Eyewitness News 12 Kansas, Wichita Representative Phil Hermanson, a realtor serving Kansas Legislature since 2008, was sentenced to one year probation, $500 in fines and the court's fees of $1356 for driving under the influence and causing a DUI car accident. Coupled with the sentence are orders to attend a Wichita Intervention Program (WIP), attend a DUI victim panel and submit to random alcohol and drug tests.
Gregory Keith, Wichita Municipal Judge Pro-Tem, has ordered Hermanson to serve 48 hours in custody of the city's intervention program, WIP, as an alternative to jail. This option is only offered to first-time offenders.
Offenders under WIP check into a motel late on a Friday and spend two days in a program that teaches the dangers of driving under the influence, including demonstrations of victim impact panels. A WIP participant cannot leave the program without facing further charges, just as if in jail, of escape from custody.
If Hermanson breaks any laws or violates any of conditions of his parole, he may face up to an additional six months in county jail. He will not be allowed to consume alcohol during his probation.
Hermanson had been involved in a mid-day car accident November 6, 2009 near 47th St. S. and Broadway in Wichita. Multiple witnesses reported that Hermanson was dressed inappropriately for the cold weather with only a pair of shorts, a T-shirt, socks, and without shoes. Hermanson countered that, on a run to McDonalds for food, he had left his shoes in the car. Shoeless or not, he appeared "shaken up and looked like hell."
He was seen speeding in his 2008 Ford Mustang through a 30-mile per hour construction zone and only applied his breaks after he ran into a 2005 Ford Focus that was stopped at a red light. That car's occupants, Kansas residents Kathy Spencer, 46, and her mother Mary Sheppard, 77, both had to be transported to an area hospital.
Spencer, recovering from back surgery and still healing, complains of pain in her leg and between her shoulder blades. Sheppard hit her head and her arm was injured. The Focus was totaled, the Mustang damage consistent with a 25-mph crash.
Police contend that Hermanson refused to take a breath test, after failing a field sobriety test, at the scene. The video taken offered no evidence of impairment per Hermanson's attorney, Les Hulnick.
Hulnick said Hermanson was confused about the law as Hermanson is a "brand-new legislator" that didn't know he "would be guilty if he didn't blow into it." State law requires penalties upon refusal of blood alcohol tests.
Hermanson reported that he had a bad reaction to his blood pressure medication taken earlier that day without food, and, that he never had any problems with his prescription medication until this accident. Hulnick feels one bad reaction should not make someone a criminal and he wants laws rewritten.
The story, and Spencer's recovery, is six months late. It is alleged that Hermanson used his position as a state representative to have his trial delayed multiple times. In August he will be up against Sedgwick County Republican chairman Mark Gietzen for the 96th district representation.
It would appear that if he did indeed seek to delay his trial, his efforts were in vain as it was a month too short. Hermanson is now in the "wrong" spotlight; his penalties overshadowing his bid for the district.
If you have questions regarding DUI charges, contact a DUI Attorney near you.