David Betras: more traffic stops, arrest are behind push for tougher seat belt law

/in , , , , , , /by

Why did Governor Mike DeWine ask the members of the Ohio General Assembly to make driving without a seatbelt a primary rather an a secondary offense?

BK Managing Shareholder David Betras answered that question and provided important information about what drivers should and shouldn’t do during a traffic stop in this edition of Legally Speaking on WFMJ Today. Watch the sement here.

At the outset, David reminded because driving without a seat belt is currently a secondary offense you can only be ticketed for it if you are stopped for another reason, i.e. speeding, running a red light, driving erratically, etc.

Before I offer my opinion on why the Governor wants to change the law, I want to remind everyone that as a general rule, the Fourth Amendment to the United States Constitution, requires law enforcement to obtain a  warrant before they can search persons, places, personal belongings –just about anything.

But the U.S. Supreme Court has carved out exceptions to the protections afforded citizens by the Fourth Amendment.

For example, we have less constitutional protection in our cars than we do in our homes.  So, in most cases, if the police want to search your home, they’re going to need a warrant because your home is your castle.

If, however, you’re driving down the street and you commit a traffic violation, cross the line, blow a red light, speed, that gives police the reasonable, articulable suspicion they need to pull you over.

What should you do when that happens?

First, pull over right away.

Second, keep your hands on the wheel at ten and two. Keeping your hands visible is critically important because this is the most dangerous time in a traffic stop from the officer’s perspective. They don’t know if someone just hijacked the car or if it’s actually Steve Vesey behind the wheel. When they arrive at the driver’s side window, they’re going to ask for three things:   your driver’s license, vehicle registration, and proof of insurance.

Take my advice here, because I get pulled over for speeding a lot and I know how to smooth out the process for all involved. I keep my registration and my insurance card in my visor. And then when the officer says, can I see your driver’s license? I always say to him, officer, I’m going to reach into my pocket and get it. Is that okay?

They always say yes.

If the officer asks you to get out of the caryou have to get out of the car. If you don’t get out of the car, they’re going to drag you out. People think, oh, I’m going to exercise my constitutional rights and refuse.

I tell people this all the time: the side of the road is not the place to engage a police officer in a debate about the Fourth, Fifth, or Fourteenth Amendments. Bu getting out of your car is the last thing you can be compelled to do during a traffic stop.

That means you do not have to answer questions you may be asked:

Where are you going? Officer, I choose to remain silent. Where are you coming from? Officer, I choose to remain silent. Were you drinking tonight? Officer, I choose to remain silent. Do you know why I pulled you over? No, officer, I don’t. The fact is you may incriminate yourself by answering any one or a combination of those questions.

So, be courteous, be nice, and just shup up.

Here’s another vital tip: don’t get out of your car before they ask you to do so. Exiting your vehicle before they instruct you to makes them very nervous.

Whether you remain in your car or leave it, if the police ask your permission to search your care never, never, never, say yes. If they had probable cause to search your car, they wouldn’t have to ask. But if they ask and you say yes and they find an old joint or discover something else that indicates you’re breaking the law you’re punched your own ticket to an arrest.

Finally, now that Ohio is a so-called Constitutional carry state you are allowed to carry a handgun your car, if a police officer asks if you have a gun in the car you are not allowed to lie. But I suggest that you tell an officer there is a gun in the car and where it is located.

All that said, I’ll now tell you why I believe the governor wants to move not wearing a seat belt from a secondary to a primary offense. It’s not to improve safety or reduce injuries caused by car wrecks.

It’s because, and call me cynical if you wish, doing so give cops another reason to make traffic stops which creates the opportunity for them to determine if the motorist in question is committing other crimes for which they can be arrested.

It’s as simple as that: more stops equals more arrests. So, in addition to making sure that your head doesn’t go through the windshield if you are in a crash, if Governor DeWine gets his way, buckling up will help keep you out of the big house.

As always, thanks for watching Legally Speaking on WFMJ Today. If you enjoy this program and wide variety of content we create, do us a sold by mashing the “Like,” “Subscribe,” and “Share” buttons. We deeply appreciate your support.

Atty. David Betras, family members call for independent investigation of Betty Jean Winston’s death while in custody at the Mercer County Jail, 36-year-old was found lifeless in her cell after being maced and tased by deputies

/in , , , /by

Citing serious concerns and numerous unanswered questions about the circumstances surrounding Betty Jean Winston’s death while in custody at the Mercer County Jail, Attorney David Betras and members of Ms. Winston’s family today called on Mercer County District Attorney Peter Acker to allow an independent agency to investigate the tragic incident. Ms. Winston, who was 36 years old, was found dead in her cell on Wednesday, July 26 after being maced and tased by a Mercer County deputy.

“The Mercer County Sheriff’s Department should not be conducting the investigation into Ms. Winston’s death because they will in essence be investigating their own potential misconduct,” Atty. Betras said. To avoid any appearance of impropriety or conflict of interest, my clients demand that District Attorney Acker immediately ask the Pennsylvania State Police to assume control of the inquiry. We believe that will ensure that the truth is uncovered and revealed to the family and the public”

Ms. Winston, who has a documented history of mental illness, was taken into custody on July 22, 2023 and charged with third degree misdemeanor Disorderly Conduct-Unreasonable Noise. Her bail was set at $15,000 which is more than seven times the maximum fine allowable for the offense under Pennsylvania law. She was unable to post bail and remained in jail. On July 26, deputies used a taser to subdue Ms. Winston and confined her to a cell and failed to provide her with any medical attention. She was discovered lifeless later that evening in the same location where deputies had left her earlier.

“We are disturbed by the fact that this African American woman died in and was spirited out of the Mercer County Jail in a manner that appears to have been designed to avoid media and public scrutiny,” Atty. Betras said. “This family and this community need and deserve answers from all involved and we will do whatever is necessary to obtain them.”

Text of the letter sent to Mercer County District Attorney Peter Acker:

RE:     The Estate of Betty Jean Winston, Deceased

            Date of Death: July 26, 2023

Dear Attorney Acker:

As you know, I represent the family members of Betty Jean Winston who tragically died while being held as a prisoner at the Mercer County Jail on the above date. Ms. Winston, a 36-year-old African American woman with documented history of mental illness, was taken into custody on July 22, 2023 on charges of third degree misdemeanor Disorderly Conduct-Unreasonable Noise, 18 Pa. C.S. § 5503(a)(2). Ms. Winston’s bond was set at $15,000 which is more than seven times the maximum fine allowable for the offense by Pennsylvania law.

While the facts have been limited, it has come to my attention that Ms. Winston was suffering from a schizophrenic episode throughout the time she was an inmate at the County Jail. On July 26, 2023, deputies used a taser to subdue Ms. Winston and confined her to a cell without any medical attention. Ms. Winston was discovered lifeless later that evening in the same locations where deputies left her.

It is my understanding that the Mercer County Sherriff’s Department is currently investigating the circumstances surrounding Ms. Winston’s death. This includes an inquiry into the Department’s own potential misconduct. To avoid any impropriety, my clients are demanding that the investigation be conducted by an independent agency such as the State Police. This act of transparency will allow Ms. Winston’s family to uncover the truth and ensure the public that the Mental Health Procedures Act of 1976 is being properly implemented at the Mercer County Jail.

I appreciate your prompt attention towards addressing my clients’ concerns.

Sincerely,

David. J. Betras, Esquire

BKM Managing Partner David Betras admitted to Florida Bar and is now officially licensed to practice in law in Florida

/in , , /by

Betras, Kopp & Markota (BKM) one of the region’s leading personal injury and complex litigation law firms, is pleased and proud to announce that Managing Partner David Betras is now officially licensed to practice law in the state of Florida. While Atty. Betras will continue to spend most of his time at the firm’s headquarters in Canfield, he will travel to BKM’s Tampa office to consult on cases and represent clients when the need arises.

Attorney David Betras
BKM Managing Partner David Betras

The BKM co-founder’s admission to the Florida Bar is the final step in what he describes as a long and arduous journey that began during the COVID-19 pandemic. “Brian Kopp has been urging me get my Florida license for years, but I simply didn’t have the hundreds of hours I knew it would take to study for and pass the bar exam,” Betras said. “Then the COVID lockdowns hit and suddenly I had plenty of time, so I began studying longer and harder than I had at any time since I graduated from law school 37 years ago.”

Hitting the books, or in this case, his laptop, paid off. Betras was notified in the summer of 2021 that he had passed the exam. That good news was tempered by the knowledge that he had to study for and pass a test on legal ethics, complete and submit a monstrous 600-page application, , and answer questions about his career and tenure as a member of the Mahoning County Board of Elections at an in-person hearing. He cleared every hurdle and was granted his Florida license on (insert date).

Betras said he has been energized by the process and the prospect of collaborating with BKM’s outstanding Tampa team which along with Brian Kopp includes attorneys Christopher Knopik and Douglas Titus. “I’m eager to put my experience, expertise, knowledge and insight to work for our existing Florida clients,” he said. “And now that I’m licensed and can raise my profile I’m sure we’ll be able to attract new clients from among the thousands of Valley natives who now live or winter along the Suncoast and recognize and respect our firm.”

“I want to emphasize that I will not be moving to Florida, reducing my case load, or retiring,” Betras said. “I love practicing law as much today as I did when I passed by first bar exam, I’m excited about having a new place to utilize my skills, and I thoroughly enjoy having the opportunity to work with the attorneys and staff who make BKM an exceptional firm.”

“If I have my way, I’ll still be doing what I do every day, fighting to secure justice for our clients, for at least another 20 years.”