DUI
Judge Tries to Avoid Indiana DUI
Judge attempts to alter outcome of breath test in case of drunk driving in Indianapolis.
Circuit Court Judge Thomas J. Felts is suspected of deliberately trying to alter the result of a breath test by not performing the test correctly. Felts was stopped by the Indiana State Capitol Police around 2:30 am for excessive speeding and failure to signal. They suspected drunk driving in Indiana after observing Felt’s glassy eyes, poor dexterity and slurred speech and detecting alcohol on his breath. Felts was unable to stand without holding onto his black Lincoln, and when asked if he had been drinking he replied, “Oh yeah.” He failed a field sobriety test and, though he appeared to provide a weak breath sample, a mobile breath test registered a blood alcohol content of .14%.
Under Indiana DWI laws, portable breath test results are not permissible in court, so police took Felts into custody after he agreed to submit to a certified chemical test. Once at the booking station however, Felts provided two incomplete tests. He refused to maintain a constant flow of air when providing a breath sample and then he tried to make himself burp, which would affect the test result and require a time delay before another test could be administered. A Marion County prosecutor said that, because of his position on the bench, Felts “knows what causes a machine to malfunction.” Refusal to submit to a breath test invokes an automatic one year suspension of driver’s license in Indiana, so police confiscated Felts’ license and charged him with driving while intoxicated in Indianapolis.
Felts’ Indiana DUI defense attorney claims that the officers did not administer the tests correctly and that his client did not refuse to take the tests, so his license should not have been suspended.
Felts is back on the bench, where the majority of his caseload is felony criminal cases involving alcohol. This week however, he will be handling domestic relations cases as part of a previously scheduled case swap. Felts could be jailed for up to one year if convicted of Indiana DWI. In addition the Indiana Commission on Judicial Qualifications could conduct hearings on the incident. Felts, a Republican, is the current president of the Indiana Judges Association.
Have you been arrested for DUI in Indiana?
Judge Thomas J Felts August 12, 2008, out of control again legislates from the bench in total usurp of Indiana real estate law; law that clearly limits the court's authority (jurisdiction) to that of 2nd party ownership in court ordered property retrievals.
Felts blindly tried the case Tuesday absent the 4th party owner an entity precluded from apearing w/o counsel by felts personally. the fist the 4th party knew of the 2 year old case being just 3 weeks prior to trial; its answer to the allegations was not even due until after Felts tial set for August 12, 2008. The 4th party is not even in Indiana to make matters worse, Felts with his illegal antics inflicted upon this innocent 4th party Indiana property owner once publicized will well dampen others interest in investing here in Indiana.
Worse for the boni fide 4th party owner of the property Felts is ordering the 4th party to give the property to Pro Fed (who has no mortgage), without compensation and absent any court subject matter the property. The 4th party found 40 law firms only to find the bank fraud artist Dean S Shideler and Pro Fed had all 40 firms conflicted out-therefore could not represent the 4th party.
Felts timely received the 4th party's tracking numbered statutory request for the normal 7 customary 30 day extension of time to locat non-conflicted counsel. felts sat on it until trial, then at trila Felts asked plaintiff counsel "what they wanted done with it," it was then agreed the statutory request for 30 extension to locate counsel would be merely be "listed" in the court record --- neither denied no grant.
Then Felts lacking subject matter jurisdiction over the 3rd and 4th party owner's of the real property, proceeded to in sham proceedings try the matter Tuesday with the newly enjoined 4th party property owner Felts forced into abscentia. Felts also erroneously refers to the 4th party owner as the 3rd party owner as if to lesson his violations of Indiana law on court reach to retrieve property. The fact is the 4th party true and rightful owner of the property Felts made sure is left without counsel as no attorney "not conflicted" would take the case under Felts ( made up Rule for all attornies in his court: Felts Rule and said in open court many occasion, "you cannot accept a case in "my" court unless you can be ready by trial."
No attorney in his right mind would take a case in which he will face malpractice for not being prepared for trial given less than 3 weeks considering his/her pre-existing case loads, in even considering entering into a 2 year old case.
Felts violations will be appealed and he will be sent up for his acts to face http://www.in.gov/judiciary/discipline/judges.html
CASE NOTES
The 4th party owns the property period, that 4th party has owned the property in question for over a year and given a mortgage with over $100,000 dollars down a year ago. The 3rd party owned it before there was any hint of foreclosure on the horizon, and in the case of both the 3rd party and the 4th party title searches prior to purchase the searches showed the property free and clear from all encumbrance. Public records also shows a cash purchase by the 3rd party took place in 2005 February.
Foreclosure proceedings did not take place until 2006.
Under Indiana law the court lacks subject matter jurisdiction over the real property once it transferred from 2nd party ownership to 3rd and 4th party owners. Felts in this case lacks subject matter jurisdiction to hear the case let alone render his in Rem order Tuesday in favor of Pro Fed, who admits it has no mortgage therefore no lien on the real property.
Pro Fed lawyer Jeremy Senk has also admitted at best Pro Fed has an uncollateralized loan given to Dean S Shideler by Trotter the head loan officer at Pro Fed. senk shared all Pro Fed is entitled to is a judgment for its loan amount $50k against the individual who defrauded the bank, Dean S Shideler. Precisely the reason Senk on behalf of client Pro Fed raised bank fraud charges against Dean S Shideler in this case befor Felts, and the only real issue before the court as the loan is by Pro Fed counsel and public record review admittedly uncollateralized (withoput requsite mortgage) to establish lien on real property under Inidiana law. and was so when both the 3rd and 4th parties individually and at differing times acquired the real property.
Interestingly, perhaps by felts own definition of criminal given to peoplet facing him for drunk driving) Felts himself a self described in open court criminal drunk, did not address the core allegation of the 1st party (whom Felts does have jurisdiction over) Dean S Shideler's bank fraud -- at all; ironically that being the only issue (bank fraud) absent a Pro fed mortgage before the court in this case Tuesday.
DUI Judges in control of the destiny of the people, their real property and their right to the undisturbed enjoyment thereof.
Thomas J Felts needs removed and held accountable for damages to many people for personal monetary gain while sitting the board of the agency he sentences people to pay and attend he also sits the bench for. Felts, a Republican, is the current president of the Indiana Judges Association.
Fat chance they will nail him, he holds their secrets.
www.myspace.com/aadpwillkillu
www.youtube.com/fightaadp
The problem is that if you are let off the antibuse program or don't pay them, then they sue you for the entire 3 year contract. Guess who adjudicates the civil hearing? Judge Felts. I am not sure if he is still on the board of directors for AADP, but he used to be.