Judge REFUSES To Withdraw Doctor’s DUI Plea

Added: 2026-05-25

[00:00:01]I'm not going to make an issue of it.

[00:00:02]Your motion is filed yesterday.

[00:00:05]You can respond verbally, Mr. Baloney, okay?

[00:00:08]>> that, yeah. Okay, go ahead. Thank you.

[00:00:10]Uh so, we received the uh motion this week. And then our response would be that uh Well, wait. Let him Let him argue first.

[00:00:16]>> go for it. Go ahead.

[00:00:19]Well, look, I'm prepared I'm prepared if you appeal, you you file a motion with me, and I'm going to I'll make his fines due on May the 10th.

[00:00:32]And but he's going to do he you can file a motion, and I will stay anything that's punitive. I'll stay the which I don't consider to be a a outpatient of victims. Baloney. Good afternoon, Anthony Baloney, representing the defendant. So, the the I'm not going to make an issue of it.

[00:00:49]Your motion is filed yesterday.

[00:00:52]You can respond verbally, Mr. Baloney, okay?

[00:00:55]>> I appreciate that, yeah. Okay, go ahead.

[00:00:56]Thank you. Uh so, we received the uh motion this week. And then our response would be that uh Well, wait. Let him Let him argue first.

[00:01:03]>> All right, go for it. Go ahead.

[00:01:06]Would you let me go first?

[00:01:07]>> Yeah. Okay, my motion. All right, thank you, Judge. Um I think it's self-explanatory, the motion. Um I believe it's uh right on point, respectfully.

[00:01:16]Um we want uh Court rule says about the interest of justice prior to sentencing uh about a motion if the plea itself was ineffective uh by the court or by the attorneys, uh which we're not challenging. We're saying the interest of justice is the standard by court rule. And that is it's almost I wish all my cases were so clear-cut, at least in my opinion.

[00:01:45]And that is if somebody had is a diabetic and the law and the science is crystal clear that taking a breathalyzer isn't just that accurate. In fact, the officers are informed on their sheets that if somebody's a diabetic, not to give to get blood.

[00:02:06]Um and also I'm the the statute kind of get it right this second, but I could have it in a second. Um that the only is blood and urine is permitted in obtaining a reading for what alcohol content when somebody has diabetes. And it's crystal clear my client has diabetes. We have all the medical records on that.

[00:02:28]I didn't you know, I wanted it sealed. I didn't want to provide those to the court.

[00:02:33]Um he can swear to it. He is doctor uh has a letter that um says that he's um a diabetic. In fact, the letter says that it can cause artificial highs uh and not negatives, but positives um in taking any type of a breathalyzer reading. And that's why it's blood only.

[00:02:56]Um so, Your Honor, I don't fault the officers. Of course, they gave a breathalyzer.

[00:03:01]Um but in the interest of justice, you know, this is an important very important case for my client.

[00:03:07]Like it would be for anyone. And he's a medical doctor.

[00:03:11]Um and licensed in that. And so, you know, it was a point 09 and a point 10.

[00:03:19]And if it's if it was artificially high what was his real blood alcohol level?

[00:03:28]0.02? 0.03?

[00:03:30]0.04 maybe? And it's artificially high.

[00:03:33]So, in the interest of justice and judge in the I've been 40 years, but however long the court's been on the bench, I presume about 30 um is that I've never brought a motion like this in this building. Um and so, I truly believe that um we have good cause in the interest of justice, by the statute or by the court law, that it would be not fair to set it aside prior to the sentencing and allow him to proceed to trial.

[00:04:02]In the event the judge was kind of Your Honor was um kind enough, for lack of a better word, to set it aside and set a trial. That would be a for sure trial date that would go. I don't expect it to be any more at all than a one-day trial.

[00:04:18]Thank you. Mr. Bologna. Thank you, Your Honor. Uh yes, I received the motion yesterday afternoon.

[00:04:23]That makes it belong to uh orally. The um >> [clears throat] >> we were here and Your Honor as I recall uh we spent quite a lot of time trying to resolve this matter. Uh we came to what we thought was a fair and reasonable resolution within this case.

[00:04:38]Uh the plea was taken. Uh the officer was here on that date. That officer is no longer I mean, excuse me, that officer is no longer a traffic officer, so we had to subpoena to get him back here. Here we are ready to proceed uh for trial on that date and we all thought we had a resolution reached. As far as the old argument regarding diabetes, that's a bad machine. Um I I believe in the officer uh likely with being the officer that I was in this case, probably asked if you have any medical conditions prior to a concern being Uh all that said, Your Honor, will ultimately be in Your Honor's discretion, but uh the city was prepared to go to a trial or to go to trial on the date that it was actually set. Uh so, that's our position.

[00:05:20]>> Um Your Honor, may just Excuse me, quick reply.

[00:05:25]And that is not my client has never advised against the attorney um unfortunately, I don't think um practice that area of the law at least beyond uh pleas. Um that that uh is very important and it's instrumental and material uh in giving a breathalyzer that if you have diabetes only acetone and I put a little bit more of the scientific terms um in a motion. Thank you, your Honor.

[00:05:53]Anything else, Mr. Bologna? Better.

[00:05:58]Except as provided, this is under 6310B, >> [clears throat] >> withdrawal after acceptance but before sentencing. Except as provided in subsection three after acceptance but before sentencing, plea may be withdrawn on the defendant's motion or with the defendant's consent only in the interest of justice. It may not be withdrawn if withdrawal of the plea would substantially prejudice the prosecutor because reliance on the plea.

[00:06:24]I don't know that it would substantially prejudice the prosecutor, but I don't I can't find that this is in the interest of justice.

[00:06:33]As Mr. Bologna pointed out, there were lengthy discussions that occurred on the date of the trial.

[00:06:41]There were numerous pre-trials.

[00:06:44]I remembered when you said sidebar, Mr. Colovis, when you were here for sentencing, Yes. that this was based upon the fact that in fact primarily that this was based upon the fact that he was a diabetic. Correct.

[00:07:00]I had read the report, which I never do.

[00:07:03]I had read the re- police report, which I never do before there's a conviction at it.

[00:07:08]I had read it the date of the sentence.

[00:07:12]In which I always do when I'm going to sentence somebody.

[00:07:16]And if you look at the report, it says, "Pastor informed me he did not suffer from any injuries other than some back pain."

[00:07:26]He denied being a diabetic.

[00:07:30]He stated that he had no recent head injuries. He stated that his highest level of education obtained was a master's degree. He informed me he could understand everything that I was saying.

[00:07:41]So, where your client is now advancing this argument or you are, I suppose, on behalf of him, the police report clearly indicates that he told them that he was not diabetic.

[00:07:54]I'm sorry. I'm going to deny your motion.

[00:07:57]>> Your Honor, just if I may just for the record, just make record. And your Honor, um he did not say that.

[00:08:05]And it's on his listing of his medication.

[00:08:09]And there's a letter from his doctor talking about it.

[00:08:14]>> Well, I don't know how they're supposed to be mind readers.

[00:08:17]>> But even if they Nobody says they are.

[00:08:19]Nobody says they did anything wrong. I'm just saying He denied He denied being a diabetic.

[00:08:26]>> And that doesn't mean the results That means that they might have taken other steps. And this is a decision I'm not going to I'm not going to reverse myself on. I've thought about this. The interest of justice do not require setting aside the plea.

[00:08:44]I will be happy to let you appeal this.

[00:08:47]I will sentence him. You can file your motion to stay any punitive measures pending the appeal. I'll be happy to do that for you.

[00:08:56]Um You don't judge What if if somebody gets raped and they're serving 50 years and the DNA caught it back and the person said I didn't >> Mr. Bulovas, I heard you. I was going to I made my decision. You're not talking.

[00:09:10]You want to set You want to sentence now? You ready for sentencing? Your Honor, I would ask this. May we be allowed to do an interlocutory appeal >> No. I'm going to sentence. You want to sentence?

[00:09:20]>> Yeah. You You can take your appeal and you can You can do uh I will stay whatever's punitive.

[00:09:27]>> I I I appreciate that, Judge.

[00:09:29]Um I suppose go ahead and uh Okay.

[00:09:32]>> with sentencing. All right. So, have you had had chance to review the report with him? Are are there any material additions, corrections, or deletions?

[00:09:39]>> I mean Listen, Mr. Pastel.

[00:09:53]Yes.

[00:09:54]You guys can take an appeal.

[00:09:56]I'm not trying to jam anybody here. You told the police, according to the report, you denied being a diabetic.

[00:10:03]I don't know what they're supposed to do.

[00:10:06]Now, even the police officer was lying on a in a police report, which he would which Listen, I'm not going to listen to this anymore.

[00:10:14]I made my decision. I never Nobody has ever heard me say I'm always right. Not one person's ever heard me say that.

[00:10:22]I'm moving on. Moving to sentence. And then you can take your appeal. I have no issue with that.

[00:10:28]All right, is everything in this report accurate? Yes, brother. Any No material additions?

[00:10:34]Okay. Anything you would like to say on his behalf? Uh your your client Excuse me, my client is a medical doctor.

[00:10:43]Um he I'm sorry. Medical Medical profession. And he runs several offices with his wife, who's a medical doctor.

[00:10:52]Um and um you know, he denies I understand the plea of guilty to the hearing.

[00:11:00]But given the other circumstances now that he relied upon, he denies that um he was under the influence that day.

[00:11:09]Take your own nothing further. Sir, anything that you would like to say before I sentence you?

[00:11:16]I got this right in front of me.

[00:11:18]That's what you have to have. But all my prescriptions, nobody has ever asked me for them.

[00:11:23]I've been notified that the officer has asked me for them. I've been notified that I'm a diabetic for now. Can I see your AA attendance?

[00:11:37]>> [clears throat] >> I think I have it in the car.

[00:11:42]Pardon? He may have it in the car.

[00:11:47]Do you want him to go to the car?

[00:11:50]Do you have him in the car?

[00:11:52]Have you been going twice a week?

[00:11:55]Yes, I will get it.

[00:11:58]I'll get it.

[00:11:59]I got it.

[00:12:08]Sweet.

[00:12:09]She looks so Can I go get my vehicle to bring May he go to his vehicle drive here for a minute? Sure. Thank you. Want to run out there and go get it? I'll be right back.

[00:12:50]You're all set. I'll tell you what. Come on back up here. Let's just finish the sentence. You give them the probation afterward, okay?

[00:12:57]>> Okay, got it. All right, any Anything else, Mr. Pastor?

[00:13:03]No, I'm not sure if any of my medical uh letters was being presented presented properly.

[00:13:11]And that was all done by me, sir.

[00:13:14]Because of the the fasting my keytone levels and the insulin and I had a prescription of 1,000 milligrams left for me. I bought my my prescription history for the last 2 years. I just uh emailed that to I was remorse.

[00:13:29]I have I have been prescribed for diabetic medications that I take every single day because my weight went up to almost 200 lb. After the after the >> I know but you you're not going to argue with me about my decision.

[00:13:44]That's not my not my intention. And I wish this would have come to resolution day sooner and our previous council would have presented this facts as well, too. Which I was just coming aware of it. It's not one of this was being really properly presented. And I'm very disappointed about that because that should have been presented properly in a timely fashion. That was not my intention whatsoever to take this to this far out of context. That was absolutely not my intention. It was absolutely was not my intention. I asked him to present the facts properly a number of times and it has not taken his.

[00:14:22]I don't know what you I didn't see anything that your lawyer did wrong.

[00:14:28]He didn't see anything your lawyer did Listen to me. I don't want to quarrel with you.

[00:14:35]You denied that you were a diabetic according to the police report.

[00:14:40]Now if somebody tells somebody that they're not a diabetic, I don't know how they can raise the the defense that yes, he really is a diabetic. He was just kidding and they should have taken different procedures.

[00:14:53]Now I don't want to dispute this with you anymore. I've had this feeling the whole time, Mr. Pastor, that you don't think you did anything wrong. You really don't. And you had one 4 years ago and you're only what? 46?

[00:15:07]You get one in the next 50 years, that's a felony.

[00:15:10]I'm not getting one.

[00:15:12]Well, I know but nobody thought you'd probably be back the second time, either.

[00:15:17]It was not my intention.

[00:15:18]>> Mr. Pastor, let me finish. It's my turn to talk.

[00:15:22]That's If you have something else you want to tell me before I sentence you, I will be more than happy to listen, but I'm not going to go back and talk about your lawyer. I don't see what he did wrong.

[00:15:32]If you have something else you want to say that's going to cause me to be lenient, I'll be glad to listen, but please Do you want to say anything else?

[00:15:40]I'm not here to I Mr. He's a such nice guy. I don't want to talk about Mr. Zelnik.

[00:15:47]Of course.

[00:15:48]I do not recall the office of SW found diabetic. I'm taking diabetic medication. The single day I missed it on my my medication sheet. I'm taking diabetic medications. I ordered precisely every single day. I'm taking 1,000 mg. It's the highest milligram of metformin you can take.

[00:16:08]That's the That's for type 2 diabetes.

[00:16:12]I mean, literally I was getting heart disease. If I don't take If I didn't take that medication, I said him I showed him my I showed him my uh Mr. Mr. Pasquale, Mr. Pasquale Please pass. Please pass that way to have the judge. You have to understand the judge.

[00:16:27]>> And you can appeal this. I've never Like I just told your lawyer >> You're trying to upset me. You're not upsetting me, but I'm not going to allow people to argue with me after I've made my decision. You see that guy on the wall right now?

[00:16:40]Look at that guy.

[00:16:41]That was my father. You know what he told me when I graduated law school?

[00:16:45]Don't argue with the judge after they've made their decision. There were three things. That was one of them. I didn't then, and I'm not going to let people do it now.

[00:16:55]Not my intention, buddy. 12 months probation.

[00:16:59]>> [clears throat] >> You cannot leave the state without the consent of the court.

[00:17:02]You cannot violate any law or ordinance.

[00:17:04]If you change your address, your place of employment, or home telephone number, you must notify probation. You have to report as directed. No alcohol, no marijuana, no illegal drugs. You're not to purchase, possess, or consume any one of those. Kratom and poppy seeds and CBD oils are prohibited. Consuming food or other items containing those substances will be deemed a violation.

[00:17:24]You're to submit to chemical testing PVTs and ETGs bi-weekly.

[00:17:28]You're to attend AA and NA twice a week until in treatment.

[00:17:31]Once you get in outpatient treatment, you no longer have to go to AA or NA.

[00:17:35]You're also to attend the Victims Impact Panel. 5 days jail credit one served four. I'll let you serve those as follows. 2 days on the court work program. Those have to be completed by May the 1st. I'm sorry. 2 days court work program. They'll schedule on those and 2 days of community service by May the 1st.

[00:17:53]Fine 300, cost 300, 75 Victims' Rights Fee, $50 Justice Assessment. That is 7 and a quarter screening fee 60 for 785.

[00:18:02]Probation fees are 240 for 1,025. You have cost of recovery 150 for 1,175 plus $70 of court work program fees. 1,245.

[00:18:13]You may be eligible for early discharge if you complete all this in 6 months, you can apply. If you violate, your probation could be revoked. You could be uh incarcerated for up to 93 days with credit for 1 day served. You have 21 days to appeal and 14 days to apply for a court-appointed lawyer. Now, what I'm going to do, Mr. Kalobis, Yes.

[00:18:33]I'm going to indicate on here defendant need not report.

[00:18:38]And will you tell probation this he need not report.

[00:18:44]Well, look. I'm prepared I'm prepared if you appeal, you you file a motion with me and I'm going to I'll make his fines due on May the 10th.

[00:18:58]And but he's going to do you can file a motion and I will stay anything that's punitive. I'll stay the which I don't consider to be AA, outpatient, or Victims Impact Panel.

[00:19:09]I do consider it to be court work, program, community service, or payment of fines. Okay, thank you, Judge. So, you can file a motion when you appeal, and I'll be more than happy to stay anything that's punitive, but you got to come in front of me and we'll we'll figure everything out, okay?

[00:19:27]>> it, Judge. Thank you. And then he's going to go meet still with probation cuz I do need him to test. I want him to test bi-weekly, okay?

[00:19:36]Yes. And I won't make your money due until May 10th, and if when he come back, I presume he's going to file this real soon. Probably next week. I will I will be happy to extend the time period to pay and to indicate he doesn't have to do court work or community service until after the appeal is exhausted.

[00:19:53]>> That's very kind of you. I appreciate your time.

[00:19:56]>> Thank you.

[00:19:56]>> And patience. Good luck, Mr. Pastore.

[00:19:58]Thank you.

[00:20:00]Good night.