Trooper found guilty of driving ORV impaired, no license sanctions imposed

[Dave]

And in a weird turn of events, we have this. Plea deal anyone? I'll go out on a limb here and say that this is an odd end to the incident.

By Allison Scarbrough. Contributing Editor.

LUDINGTON — Michigan State Police Trooper Sammy Sidney Seymour, Jr., was found guilty, Feb. 5, 2016, in 79th District Court of operating an ORV while impaired.

Initially charged with operating while intoxicated, which requires driver’s license sanctions, Seymour’s sentence for operating an ORV while impaired does not include any driver’s license sanctions.

Seymour’s sentence includes one day in jail with credit for one day served; outpatient treatment, which his court file indicates he has completed; $870 in fines and costs; 93 days discretionary jail for one year; and his ORV privileges are suspended for 90 days.

The 42-year-old Seymour, who lives in Ludington, was placed on administrative duty following his Jan. 17, 2015 arrest pending the outcome of the judicial process.

MCP contacted the MSP Cadillac post, where Seymour was assigned, to find out the status of his employment. MCP’s inquiry was transferred to the MSP public affairs office in Lansing. A public affairs representative said she would look into the matter and call back. MCP is still waiting for the follow-up call.

Seymour’s drunk driving trial last May ended as a mistrial due to a hung jury. The six jurors could not come to an agreement, and 79th District Court Judge Pete Wadel declared a mistrial.

Testimony during the trial never referenced an ORV. A voicemail inquiring about the case left at Mason County

Prosecutor Paul Spaniola’s office has not been returned.

Seymour’s sister, 45-year-old Kimberly Sue Septrion of Ludington, was a passenger in his vehicle the night he was arrested and attempted to kick the back window out of a Mason County Sheriff’s Office patrol car; assaulted a Ludington police officer; and resisted a county deputy.

Septrion pleaded no contest Feb. 17, 2015 to attempted assaulting/resisting/obstructing a police officer. Wadel sentenced her to one day in jail with credit for one day served; $590 in fines and costs; and may not possess/buy/use alcohol or illicit drugs.

Seymour and Septrion were arrested Jan. 17, 2015 at the intersection of Loomis and Delia streets following a traffic stop at 2:19 a.m. by the Ludington Police Department.

Seymour was previously assigned to the MSP Hart post.

http://www.masoncountypress.com/2016/02/10/trooper-found-guilty-of-...

[Dave]

Judging by the responses on Facebook to the story, the punishment seems to sit less then well with pretty much everyone responding... something about their not being a ORV anywhere for the Trooper to have been driving.

[XLFD]

I just noticed that story.  As usual the folks are confused and are trying to figure out whether ORV meant off-road vehicle or 'operating a registered vehicle'.

It means what you may think it is, its OWI an ORV described here:  MCL 324.81134

(1) A person shall not operate an ORV if

(b) The person has an alcohol content of 0.08 or more...

(8) If a person is convicted of violating subsection (1)(b), the person is guilty of a misdemeanor punishable by 1 or more of the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 93 days.

(iii) A fine of not less than $100.00 or more than $500.00.

It could be the first time a Jetta has been declared an ORV, but lest we forget, the law in Mason County 'adapts' when a police officer is held to account.

[mad mike]

Creative justice at its finest, who does Spaniola answer to, does this set precedence for future OWI arrests, what actions can we take, who do we contact as everyone that is employed has to report to someone, Spaniola is an embarrassment to the entire county, and the fact that there is no response to the press speaks volumes of the corruption in our local justice system. I wonder if Spaniola was able to get the state AG involved in making this decision. The man was blatantly arrested for drinking and driving an automobile not an ORV receives $870 fine and suspension of his ORV privileges what the h double hockey sticks is going on in this county, if this happened to anyone else (common surfs) it would be around $10000 loss of driving privileges and possibly job. Wow just wow !!!!!! 

[John Doe Jr]

This is APPALLING!

Corruption so blatant, willfully,knowingly, and intentionally!

Everyone needs to contact every news media source known to man and, get this case viral!

This case not only is a slap in the face to justice, but it also codifies the corrupt system of justice, it's excessive privilege, and dishonor.

This Trooper has a very shady and dangerous past. He has escaped previous serious charges and was not held accountable. Once again, he gets away with without any serious accountability by the MSP, prosecutor, and our courts.

This is disgusting! He is a danger to himself and everyone around him. It won't be long till the next incident, and when that happens I hope every single one of those who were involved with covering his actions will be prosecuted to the fullest extent of the law.

This is outrageous!

[Jasper]

Trooper Seymour was very smart unlike most of those complaining(ranting) on the Mason County Press FB page  rambling on and on about injustice, fairness, along with numerous other adjectives.  

Seymour hired the best of the best to the tune of lots and lots of cash to represent him.  WTH??  Seymour had a trial which ended in a hung jury.

Seymour's attorney Mike Nichols from East Lansing has been a long time advocate of reliable blood alcohol testing by the MI State Police, which is not!!!

Judge Wadel even jumped on board back in approximately 2011 and threw out the testimony from the MI State police in a local case.  The defendant in that case was Jeffrey Jabrocki.

Michael Nichols from East Lansing knows his stuff, and if anybody needs a lawyer he is the man!! 

A couple of sad points...to get justice in the legal system one needs money....lots of money.  Another sad point which is difficult to understand is weasel prosecuting attorney Spaniola and his two assistants are well aware of the lack of reliable blood alcohol testing, but yet continues to prosecute defendants or make plea deals not as nice as Seymour's.  These defendant's are more than likely appointed court appointed attorneys who don't give a rat's ass.

Judge Wadel also is aware of the inaccuracy of blood alcohol testing, but yet will sentence defendant's to jail, etc....due to their financial inability to hire a knowledgable attorney.

As stated on Mike Nichol's personal facebook page for the superbowl parties....If you get pulled over by a cop....do not submit to a breathalyzer test or the test for abc's, walking a thin "not blue" line, etc...LOL....field sobriety test.  Give the cop your driver's license, proof of insurance, and registration when asked, and only exit your vehicle unless ordered by the cop!  Do not answer any questions.

Yah, you will go to jail, but you will also more than likely go to jail after performing FST, and a inaccurate breathalyzer.  Go to jail, and then ask for a qualified attorney like Mike Nichols.  

So Boo Hoo to all those whiners on Always' MCP!!!  

[XLFD]

Seymour's lawyers were very good, forcing Spaniola to accept a plea that in itself was ridiculous-- in an election year to boot.  I hope one of our local lawyers take up the challenge to replace this lunatic this fall, as this would make good fodder for one who wants to reform the system.  Check out my latest post on professional courtesy.

Good post, Jasper, though (and I may sound like one of MCP's usually sanctimonious posters) the best defense against drunk driving is to not get behind the wheel after you've drank adult beverages. 

[Jasper]

I totally agree with you XLFD, but there have been cases where people have been arrested for allegedly driving under the influence of alcohol,when they have not even indulged in any alcohol

The latest with the cops are arresting people for driving under the influence of prescribed medications.

Again, never tell a cop anything. They will arrest you either way! Sad times we live in!

[Jasper]

Gary Springstead and Mike Nichols....ohhhh!!! Mason County Prosecutor Spaniola and Assistants do not like them to come a callin' at the Mason County Courthouse!

Court appointed lawyers...no problemo! Spaniola and team like them!

[Jasper]

Instead of all those whining on Always's FB page related to his plea, those people need to be whining about the injustice's of people that can afford top quality attorney's to defend them.

The court system is completely flawed. The poor and even middle class cannot afford to hire qualified legal representation when accused of any crime. Arraignment these days already implies "guilty." There is no longer "innocent until proven guilty" in a court of law.

Most accused citizen's cannot afford quality legal counsel, so plead out to lesser charges even though they are completely innocent.

The accused cannot financially seek justice.,so they rather plead out, and end up in jail or prison for crimes they did not even commit. The US legal/judicial system is in a sad state.

The US has the highest incarcerated prison population in the entire world. And how many of these prisoner's have been found innocent after years and years of incarceration due to the lack of proper legal representation? Sad so sad!

[Jasper]

Still to this day if Sean Phillips had legal representation other than court appointed he would not be incarcerated.  David Glancy is a worthless court appointed attorney.  Neither him nor his wife Katherine truly give a rat's about their client's that are appointed by the Mason County Court System.

Mason County pays these court appointed attorney's a stipend amount of money to represent the poor, etc...who are financially unable to pay for legal services via taxes.  However, the cases appointed to these stipend court appointed attorney's are not at any of their list of priorities.

Why should they be?? These lawyers make far more money from private cases, and of course will dedicate more time to those cases.  

Point being why would they assist Sean Phillips?

Hell, Paule Spaniola could not even handle the case alone, and called in back-ups from the Attorney General's Office.

Spaniola needs to retire!  He is incompetent just as he was in his private practice prior to Prosecutor!

Meanwhile Sean Phillip's sits in prison on flimsy accusations from the prosecutor's office. 

[Real Talk]

Instead of worrying about getting a good attorney and saying the system is flawed, how about you don't break the law and we don't have to worry about it.

[John Doe Jr]

I am willing to bet the AG is also involved in this case. I think the FBI needs to be involved.