TBO.com - Tampa Bay Online
Attorney Releases Post-Crash Photograph Of Bollea
Photo released by defense attorney Kevin Hayslett
Nick Bollea's defense attorney claims this photo proves Bollea did not have bloodshot eyes after a car crash in August.
ADVERTISEMENT
Published: March 7, 2008
Related Links
CLEARWATER - Nick Bollea's defense attorney released a picture of Bollea in the hospital that he says helped persuade a state hearing officer to rule in his client's favor last week.
Attorney Kevin Hayslett said the picture proves Bollea did not have bloodshot eyes, as a Clearwater police officer wrote in a report more than two months after a wreck that left Bollea's friend brain-damaged.
Hayslett accused Clearwater police of sloppy and ethically questionable work, and a state hearing officer agreed that police did not have enough evidence to take a sample of the teenager's blood after a wreck Aug. 26.
The police also used the wrong form to submit the blood sample for analysis, Hayslett wrote in a motion submitted to the hearing officer with the Florida Department of Motor Vehicles. The form had been out of date for seven years, Hayslett said.
After Bollea the 17-year-old son of Terry Bollea, who is former wrestler Hulk Hogan wrecked a Toyota Supra in Clearwater on Aug. 26, critically injuring passenger John Graziano, Clearwater police took a sample of his blood. Laboratory analysts determined his ethanol serum level was 0.055, higher than the 0.02 level allowed for juvenile drivers. This was one of the reasons his license was suspended.
In his motion, Hayslett says an Officer Milne wrote in a report dated Nov. 2 that Bollea "had blood shot eyes and was quiet, when he spoke his voice was low." But Hayslett says in the motion that there is no police report written at the time of the crash that indicates Bollea might have been under the influence of alcohol.
"It appears that Officer Milne and/or the Clearwater police department recognized they did not possess probable cause to obtain a lawful blood draw and this was a weak attempt to justify their actions after the fact," Hayslett wrote.
Hayslett submitted four photographs of Bollea, taken at St. Petersburg's Bayfront Medical Center at the same time Bollea's blood was drawn, that show the teenager did not have bloodshot eyes, the documents state.
He also submitted a Nov. 2 probable-cause affidavit in which Clearwater traffic homicide investigator Todd Turpack, who is in charge of the investigation, wrote that Bollea had bloodshot eyes and he mumbled.
After Hayslett's argument, hearing officer David Laliberte said in a ruling Tuesday that there was not enough information to support the suspension of Bollea's license based on an unlawful alcohol level.
Bollea's license, however, remains suspended for two other reasons: an unpaid traffic ticket and the felony criminal charge filed against him after the wreck.
Ann Nucatola, a spokeswoman with the motor vehicles department, declined to say whether Laliberte's ruling meant he accepted Hayslett's arguments. She said the documents would have to speak for themselves.
Prosecutors said the hearing officer's decision regarding the status of Bollea's driver's license has little bearing on the criminal allegations against him. Bollea is charged with reckless driving involving serious bodily injury.
Tribune reporter Stephen Thompson and News Channel 8 reporter Mark Douglas contributed to this story.
Post a comment
(Requires free registration.)
* Keep it clean
* Respect others
* Don't hate
* Don't use language you wouldn't use with your mom
* Use "Report Inappropriate Comments" link when necessary
* See Member Agreement for details
TBO.com - Tampa Bay Online Member Agreement | Privacy Statement | Work With Us
Reader Comments
Posted by ( DisMusBeDaPlaz ) on March 7, 2008 at 3:32 p.m. ( Suggest removal )
If a digital camera was used to take the picture, it can be altered.
Isn't there such a correction in digital photos called "Red Eye"?
Report Inappropriate Comments
Posted by ( GF ) on March 7, 2008 at 3:43 p.m. ( Suggest removal )
DisMusBeDaPlaz, "Red eye" is for pupils. But visine always worked for me.
Report Inappropriate Comments
Posted by ( jala ) on March 7, 2008 at 3:45 p.m. ( Suggest removal )
Guess I have better eyesight than the judge. They look bloodshot to me!
Report Inappropriate Comments
Posted by ( northfla ) on March 7, 2008 at 3:55 p.m. ( Suggest removal )
I hate to break this to you, but I've looked better than that when I was drunk.
Report Inappropriate Comments
Posted by ( colonel ) on March 7, 2008 at 3:56 p.m. ( Suggest removal )
I love Photoshop!
Report Inappropriate Comments
Posted by ( jp2 ) on March 7, 2008 at 3:57 p.m. ( Suggest removal )
A blood test is what counts.
Report Inappropriate Comments
Posted by ( Mentallyvexed ) on March 7, 2008 at 4:06 p.m. ( Suggest removal )
Doesn't matter. Name one person who isn't quiet or mumbling after an accident.Its called shock. This accident would not be an issue anymore if Graziano wasn't hurt in the accident. And as much as I feel bad for him, he chose not to wear his seatbelt. If he was severely injured and wearing his seatbelt we have something else to talk about. Let the kid pay his fines and move on in life. He already has to bear the guilt, the shame and ridicule of his actions. I hope Graz gets better soon.
Report Inappropriate Comments
Posted by ( saywhat ) on March 7, 2008 at 4:15 p.m. ( Suggest removal )
the injuried party in this case as an adult got in that car and did not put on a seat belt. Its a shame this happened but they are both at fault.
Report Inappropriate Comments
Posted by ( Melody07 ) on March 7, 2008 at 4:36 p.m. ( Suggest removal )
Sorry but poor little Nick has a prior driving record that will haunt him in the court room on this one. That along with the blood alcohol test are gonna cost the Hulk some money.
He is not going to court as this innocent kid who made a first time mistake.
Report Inappropriate Comments
Posted by ( jeaniney ) on March 7, 2008 at 5:13 p.m. ( Suggest removal )
Spooney, what do you expect the boy to do? Cry in his room all day every day? The situation sucks, but you can't just stop your life. It's been how long since the accident? I think that you have to move on after a while..
Report Inappropriate Comments
Posted by ( cbrick ) on March 7, 2008 at 6:32 p.m. ( Suggest removal )
Its called an accident 4 a reason. You people are acting like he wrecked on purpose.This kid is entitled 2 live the rest of his life without public humiliation. What happened 2 his pal is a tragedy, but it was ACCIDENTAL. Leave him alone.
Report Inappropriate Comments
Posted by ( scottfwtx ) on March 7, 2008 at 11:50 p.m. ( Suggest removal )
cbrick, what happened to the words "for" and "to".
Report Inappropriate Comments
Posted by ( cbrick ) on March 8, 2008 at 3:03 a.m. ( Suggest removal )
hey uh, scottfwxt. If thats the only thing you could come up with 2 criticize me 4, whats the freakin point?By the way dont you watch commercials? Its common practice among people who text alot. Get rid of the rotary phone, and get with the program!
Report Inappropriate Comments
Posted by ( rn4life ) on March 9, 2008 at 11:48 p.m. ( Suggest removal )
Actually it's no longer legally called a motor vehicle accident. It's a motor vehicle crash. Fault is determined after investigation. Driving while drunk is not an accident it is a deliberate choice made while the person has decided to impair his judgment and drove with impaired judgment. Nothing 'accidental' about that.
Report Inappropriate Comments