Bradley County DWI for Local Fireman
September 26th, 2012 by Joe BurgessAccording to a report from the Arkansas State Police, around 9:30 pm, on Tuesday, August 7, Tommy Forrest, age 32, of Monticello, was traveling south on HWY 63 in a Chevy pick-up, when he turned left onto Bradley 22 Road in front of a northbound GMC pick–up.
The GMC collided with the right rear section of the Chevy.
Forrest was charged with DWI and failure to yield. According to the report, Forrest’s BAC (taken an hour after the wreck) registered 07, and he failed field sobriety tests.
Thompson Towing removed the GMC. The report does not mention any injuries being sustained in the collision.
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If this happened Aug 7 why is it just now being posted Sep 26??? Almost 2 months later….
Was he put on leave of absence? When did he last work prior to the accident?When was his next scheduled shift to protect the people and property of Monticello? Whom ever his boss is needs to take action along with random drug and alchol screenings for the remaining employee’s.
Correct me if I am wrong but if you are charged with a DWI you are given a 30 day temporary driver’s licenses to travel to work. I understand that to mean drive TO work not drive AT work. Especially a vehicle that I as a taxpayer am paying for. I also believe that it has been more than 30 days since the DWI/accident.
So what official approved or allowed this Firefighter to operate a city owned vehicle without a license? It would seem what ever official, be it the Mayor or Fire Chief, would be ultimately responsible or liable if the Fire fighter was involved in an accident. I would also seem that the Mayor or Fire Chief is also knowingly allowing an unlicensed driver to operate an EMERGENCY vehicle, which to my understanding is illegal. Is the insurance company that insures the city aware that there is an employee operating an EMERGENCY vehicle with out a license?
Well anit that sumthin dont think I could sleep without knowing this almost 2 month old news. So is everyone that gets a DWI going to be posted on Monticello Live now?
people make mistakes…
DWI’s, the way they are set up now can ruin a persons life. i believe the first offense should be strict so that you learn a lesson but not to the point you loose your job or the ability to work. that seems way counterproductive to me. o here is a 1000 dollar ticket and by the way we are going to make it as hard as possible for you to get to work and keep your job…
if the person is a productive member of the comunity lets keep him that way. we have enough people not working lets not give any more an excuse not to…
the second DWI, that one should be where your life gets ruined!
the guys BAC was .07… under the legal limit!! sounds to me like the guy stopped by a friends house, had 3 or 4 beers and then was headed home. made a poor decision turning on a road and got caught… sober people pull out in front of people everyday!! not sure why he didnt pass the test though… might have been shooken up from the wreck??
I’m sure the threat of loosing his job is enough to put this guy on the straight and narrow!!! don’t make him loose his job just because he made a poor decision!!
i know i know his poor decision could have killed someone!!!
BUT your son or daughter texting and driving could just as easily kill someone!!! and there are alot more people texting and driving in this town than drinking and driving!!!
i beleive the punishment for texting and driving should be and equal punishment to DWI… they are equally dangerous and cause just as many accidents!!
Get a law book and start reading at 5-65-101 the Omnous DWI act as well as call Drivers Controll in little rock and u will find that u are not rite, just saying.
we have such an excellant FD and i hope people dont judge the entire department over this one persons foolish act!! i think a person who holds a position on fire and rescue should be fired on the spot over this crime! He more than anyone knows the death and devistation drinking and driving causes and he should respect himself his family and the lives of others not to mention his department more than to drink and drive!!
1. He DOES still have his license.
2. He tested .07 (legal limit is .08 or greater)
3. You might be singing a different tune when this man pulls your child, mother, brother, father, cat out of a burning house one day. He risks HIS life every day for you, TAXPAYER. He wasn’t drunk and he was not on the job. He enjoyed a couple beer and had an unfortunate accident. Why must people be so quick to judge?
We have some good fireman so a couple wont change that if it was me or one of the other firemen or volenter we would have been in the front office and fired the first day this should not bring our deparmtent down we all didnt do this or try to cover it up like those few did thank you joe for doing this story
Innocent untill PROVIN GUILTY in a court of law not by public openion. Of which some of yall have all ready convicted the man and u have not seen the evidence against him.
Everyone has done things in their past that they arent proud of. I for one know him very well and he is a great person. He takes pride in his job, and would never intentionally hurt anyone. He was off the clock and under the limit!!!! Let it Go people
I guess the writer doesn’t know the rules of journalism because Timeliness is one of them this is old. Why are they writing about it now? I don’t believe in writing something to hurt someone or to stir up gossip and that is CLEARLY what this is.
i think it read in clear black and white it was .07 an hour after he failed the field test so he was clearly drunk when HE caused the accident and a fire and rescue worker is always on the job on duty to respond EVERY time the pager goes off. that night when he was drunk and driveing and caused the wreck if he had caused injury to the person he turned in front of would you want him to be the responder in that condition caring for your loved one? it should not be let go and he should be fired.
In Arkansas, a driver can be arrested for DWI for driving with a blood alcohol content of 0.08 or greater. HOWEVER, If the driver’s BAC is between 0.04 and 0.08, the law enforcement over the traffic stop or accident scene can make a determinations about the likelihood of a DWI. They will look for unusual or reckless driving, the defendant’s conduct and physical appearance, the way a defendant responds to a field sobriety test, and any tapes or film available from the incident. If the drivers BAC is below .08 and above .04 but the driver shows evidence of intoxication by not being able to pass the field sobriety test not be able to stand without falling, slurred speech they can still be issued a DWI and considered intoxicated. (You do not have to have proof of a BAC of .08 to charged or be found guilty of a DWI) The court will consider the BAC and other evidence whether to convict the driver or not. There will be video, an accident report, BAC along with all other field sobriety test presented in court. Videos of a person’s demeanor usually make or break a case in court.
The driver’s licenses are taken at the time the DWI is given in return the law enforcement will give the driver a temporary paper permit that is good for no more than 30 days. Once that time frame is up the individual either cant drive or has to get a work permit which their employer has to sign a waiver (Fire Chief in this case) for this person to be able to obtain this permit. Once you get the work permit form Drivers Control it is to allow you to drive to work, at work if your job requires driving and home from work. Another requirement highly possible will be an Interlock device placed in the individual’s personal vehicle. He/She are legal drivers as soon as the requirements are meet as long as they only drive for work purposes.
I agree with several comments this man is a good person and will help anyone. The public chose him Favorite fireman of 2012 so he is highly praised for the job he does. That has nothing to do with him receiving a DWI thankfully he nor anyone else was hurt, as this could have turned out totally different. HE was off the clock, in a different county, only registered a .07, is innocent until proven guilty, just had a few beers then chose to get in a vehicle and drive all of this still doesn’t make it right. Would you still feel the same if the person he pulled out in front of was killed? Everyone makes mistakes and when you learn from them they can be a learning experience but as long as you try to make it everyone else’s fault the will be nothing learned.
Thank you Rita D. Law. I can see you have been reading the act 300. It is very good information for everyone that wants to quote rules which are not law. Now it is the judges decision with all the evidence that is presented to decide Guilt or not.
Joe, what I find most interesting about your article is that it’s so one-sided. You named one of the drivers, obviously because he is a local fireman; but who was the other driver? And what is his occupation, even if he has one? How did you wind up with the police report. I happen to know that it was requested by Mr. Forrest on August 24th, and he still hasn’t. In fact, the charges haven’t even been filed with the court clerk, preventing Mr. Forrest to defend them. He’s trying to get that done.
Speed kills, and so does failure to exercise proper control of your car or to keep a proper lookout for others on the highway. How fast was the other person going? Did he have his headlights on? You do realize it was twilight, don’t you? Was he come out of the curve from over the hill when Mr. Forrest began his turn? These are just some of the many circumstances that should be considered before you start pointing fingers in assessing fault.
You should know that, by law, a blood alcohol concentration (BAC) of .07 within four hours after the alleged offense does not give rise to any presumption that the person charged was intoxicated.
You have held Mr. Forrest up to a bad light and will owe him a big apology when he is found not guilty.
Take it from,
One Who Knows
(and I bet you know who that is)
To “One Who Knows”,
The only folks I’ve ever known to use the phrase “failure to exercise proper control of your car or to keep a proper lookout for others on the highway” were attorneys, so you’ve already shared your profession to comment readers.
Since you know so much about Mr. Forrest’s case, (like the day he asked for a police report) you may likely be his attorney.
Since I’m smart enough not to get into a “rock chunking contest” with a man who’s hiding behind a tree; I’ll decline to respond to your other question until you publicly identify yourself in this comment forum (not because it’s on my website, but because this is where you chose question me, like I was on the witness stand).
Respectfully submitted,
Joe Burgess, MonticelloLive
What makes it fair for him to keep his job when he was the one at fault? He clearly was intoxicated. BAC of .07 is under the guidelines when a accident is involved. I know a lot of people get behind the wheel intoxicated but the thing is that he works accidents involving things like this all the time. He should know better. Granted he is innocent until proven guilty but I think it clearly shows he was in fact driving under the influence.
I have to ask Mr. Defense Attorney (and I bet you know who that is) in reference to your statement “You have held Mr. Forrest up to a bad light and will owe him a big apology when he is found not guilty.” Why will Mr. Burgess owe him an apology since his statement was “Forrest was charged with DWI and failure to yield” I am not the smartest person by far but if I read that correctly he said HE WAS CHARGED WITH DWI AND FAILURE TO YIELD did your client receive a ticket for DWI & Failure to yield? Wait before you answer: THAT IS A SIMPLE YES OR NO QUESTION SIR. Looks like to me the Apology case hit a brick wall since HE WAS CHARGED (SUMMONED) WHEN He RECEIVED THAT TICKET. Not once has Joe said he was GUILTY OR NOT. That’s is left for the judge to decide.
P.S. Drive to Warren State Police they will gladly give you the same copy of the report as Joe has and anyone else that request one. “FOI” (Mr. Attorney that will require a $2000.00 retainer fee)
Mr attorney. I read your post and how silly of you to say these things towards a client you represent. I know your field of employment has rules that forbid you to act in this manner. Maybe you need to do your job first and not discuss you case with the public. Maybe you owe Mr Forrest an apology and not the news guy reporting facts.
To Mr. no apology will be needed: You are correct. Whether Mr. Forrest is guilty of DWI will be determined in court. But, the headline, “Bradley County DWI for Local Fireman”, implied that he was giuilty of DWI. It did not say “DWI Charge for Local Fireman” or even “Local Fireman Arrested for DWI. It said he was DWI.
And to Mr. JDDC Informant: “A lawyer may make a statement that a reasonable lawyer would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the lawyer or the lawyer’s client.” Mr. Burgess’s recent article about Mr. Forrest was not “news”, The incident occurred nearly two months ago. And the decision to publicise it on Monticello Live was not initiated by either Mr. Forrest or his lawyer. A response in Mr. Forrest’s behalf was necessary.
I see what you are saying as far as the headline “Bradley County DWI for Local Fireman” however while in Bradley County a local fireman was issued a citation for a DWI therefore, “Bradley County DWI for Local Fireman” Mr. Burgess has not said he was DWI he quoted what was on a ticket that a trooper issued your client. The Judge will make a ruling as to whether Mr. Forrest was drunk or not then if need be you can appeal and move it to circuit court. I wasn’t there and don’t know but will say he may not have been drunk and even if he is found not guilty of DWI he was under the influence of alcohol at the time of the accident.
I don’t think many people that get charged with anything nor their attorney are the ones that ever initiate news media to get involved. And I don’t think you think that either. You don’t have the benefit of saying please do a news story about my client that was charged with whatever. If that were the case the public would never know what was going on.
Your job is to represent your client while Monticello Live is Mr. Burgess job to report news going on that has any ties to our community. Instead of making such a spot light on someone doing his job, let him do his job and you do yours, which is to represent your client in court? Instead of playing he said she said.
On the day of court the trooper will have video with audio recordings and test results to share with the court then you can offer your opinion. It shouldn’t be hard to make a finding when you are watching and hearing how your client was at the time of the accident.
what difference does it make that joe didnt give the name of the other driver or his occupation? that person was the victim of a drunk driver, a drunk driver that with the job he has should have never been behind the wheel in that condition (no Driver Should) but espescially a fire and rescue worker why should the other driver be an issue, other than everyone thanking God they are ok … drunk driving is not an accident its a choice and its a crime mr. forrest turned infront of an innocent person and caused an accident people in his position are to set good examples… not bad ones!!
First of all, This is not news. This was news when it happened months ago, but it is not anymore. This was not published to inform the public of a wreck, this was published in attempt to bring a negative light to Mr. Forrest, which is very unethical. Period. Yes he was charged with DWI, but he has not been found guilty yet. Since the story wasn’t published at the time of accident, it should have not been published until trial time when the story is “fresh” again.
However, for all of you who have nothing to do, but comment negatively about someone who is ‘innocent until proven guilty,” I will say this:
I hope that no one on here ever makes a mistake. I hope that your children never make mistakes. However, if they do I hope that the media trashes and dogs you out until you lose your career and your way of life as well. Everyone including firemen and police officers make mistakes. Is it right? no. But should we as adults be on a website speaking negatively of something that hasn’t even went to court yet. How can one say “he was clearly drunk,” When that person wasn’t even present at the scene. How can anyone say anything? Mr. Forrest will go to court and be judged, so until then we should all keep out mouths closed because we are not perfect.
First of all he was not drunk. .08 is the legal limit to drive. So, if one is drunk at .07 then maybe that law should be changed. Maybe in all of your spare time you should start petitioning or something to have it changed since people are “clearly drunk,” at .07.
Second of all, it has not been proven yet that the other person was a victim of a drunk driver. It is still unclear who was at fault.
If you have a beer and go sit in your parked car, and someone hits you. Just because you have had a drink does that make the other person a victim of a drunk driver? Umm NO! Therefore in this case the questions of headlights and turning and who’s fault it is still undetermined. Therefore the “victim” is undetermined.
Obviously, Mr. Forrest had an unfortunate accident and it just so happened that he had a drink early that day. It was not smart for him to drive(because it could have prevented this drama), but remember he was UNDER the legal limit, and what everyone is saying is extremely harsh. He had a wreck that any sober person could have had. Now if in six months Mr. Forrest has another wreck and possible DWI then let’s right him off as a person with repeated mistakes. But for now, let’s chalk this up as a poor judgement call, and a lesson learned for Mr. Forrest.
Hello Perfect People:
This isn’t news. It was news when it happened months ago, but now it is just someone trying to stir things up. This story should have waited until it went to court and was “fresh” again. Also, by then Mr. Forrest would either be guilty or not. And it wouldn’t be debatable between all of you so called judges.
Also, I sincerely hope that none of you or your children ever make a mistake. However, if you do I hope the media trashes you and dogs you until you lose your career and way of life, just as you are doing to this person. Yes he made a mistake. YOU make mistakes too. You may not have been caught yet or maybe it just hasn’t been a big mistake yet. But just remember you aren’t perfect either and one day judging others will bite you where it hurts. Police officers and firemen are people too. They are held to higher standards, yes, but can we ask for them to be perfect? No. Let the judge decide who is guilty. Leave this man alone and let him live his life.
To clear something up. There is no “legal” limit on youR BAC for drinking and driving. .08 is a precedent set by the State of Arkansas that says you are automatically considered to be DWI with a BAC of .08 or above. It is illegal to consume alcohol and drive, period. You do not have to be at .08 or above to be convicted of DWI.
I am nowhere close to perfect nor will I say Forrest is a bad person. Everyone makes mistakes but you have to admit your mistake before you learn from it. If you try to cover it up and put blame on everyone from the Trooper that worked the wreck, all the way to the MonticelloLive guy, did anyone make this man drink “a few beers” then drive? Does that mean lock him up and throw away the key absolutely not. If people including myself learn from our mistakes is what matters. To whoever stated nobody has been found at fault of the wreck strike one Forrest was charged with Failure to yield. Had this been handled in a different manner I don’t think it would be the blown out comments being posted. When you try to hide something such as this and your boss tries to help you hide it and lie about it that is where a problem comes in that makes it worse. Tell it, make sure it’s the truth face the penalties and move on. He will get through with this and be able to move forward with his life but pushing it under the rug is not going to keep it hid. its only going to prolong the outcome which will surface and everyone will know the truth then so why not just tell the truth from the start and get it over with. Good luck Mr. Forrest thank you for the job you do and I have heard from several people you are a good person dont let a mistake keep you down things will calm and could sooner than later if everyone would stop making excuses and stop blaming everyone else. This can be easy to overcome try it I know been there and learned my lesson.
It doesnt matter if he is found guilty or totally thrown out if he learned from this is what matters. If he is found not guilty this time hopefully there wont be a next time to have a worse outcome. People make mistakes they either learn from them or do it all over again and may not end as well at the first time. Good luck Mr. Forrest this could have been a lot worse as far as injury to your or the other person involved so consider this a lesson and dont give anyone anything else to talk about.