Former state lawmaker Cary Allred made an upgrade in his legal representation for this trial on driving while impaired charges this week in Alamance County Superior Court.
John Fanney is now heading Allred’s legal team. Fanney, of Raleigh, made the list of “Super Lawyers.” Super Lawyers is a rating service that profiles lawyers from 70 practice areas. A short bio on the Super Lawyers website indicates that Fanney’s speciality is DWI / DUI cases. An estimated 90 percent of his work is in this area. My best guess is, Fanney might be the best DWI attorney in the state and is a partner in the Dement-Askew law firm. Andy Hanford, an attorney from Graham who handled Allred’s unsuccessful district court trial in November 2010, remains on the team.
Allred’s case may hinge on the breath reading Burlington police atttempted to take when he was pulled over on Church Street near City Park on June 29, 2010. The police recorded it as refusing to take the test because Allred couldn’t summon enough air to make the machine operate correctly.
We’ll have to see.
Our trial coverage includes a reporter Tweeting from the courthouse with regular updates, photos and possible video from the courtroom. We also made a formal request to Superior Court Judge Osmond Smith for release of the police traffic stop video taken on the night of Allred’s arrest. Smith read our letter in open court and said he would rule on the matter when the video is introduced as evidence.
Here’s a copy of our letter.
To: The Honorable Judge Osmond Smith
Date: May 23, 2011
The Times-News in Burlington respectfully requests a copy of the video taken by Burlington police of a traffic stop involving Cary Allred, a stop that resulted in his arrest for driving while impaired on June 29, 2010.
It is our opinion, and the opinion of our attorney John Bussian, that because the tape was played in open court during Mr. Allred’s trial in Alamance County District Court on Nov. 17 and Nov. 18, 2010, it is no longer privileged information and is a public record. We would like to obtain a copy of the video as soon as possible.
We do understand the circumstances involving Mr. Allred’s appeal may complicate this matter.
We thank you for any and all consideration.