05132016 - News Article - Missing violation now on union leader's driving record

Missing violation now on union leader's driving record
NWI Times
May 13, 2016
https://www.nwitimes.com/news/local/govt-and-politics/missing-violation-now-on-union-leader-s-driving-record/article_f3a066db-83e7-5355-87c2-5b3fd469f800.html

CROWN POINT — The Indiana Bureau of Motor Vehicles has corrected a union leader's driving record to reflect he has two reckless driving convictions in the last five years.

Lake County Prosecutor Bernard A. Carter said Friday the new record will be used in any future cases involving Randolph L. “Randy” Palmateer, 37, business manager for the Northwestern Indiana Building and Construction Trades Council.

Palmateer's amended record now includes his arrest by Crown Point police Aug. 8, 2011. Local court records state the prosecutor charged Palmateer with OWI (operating a vehicle while intoxicated). Palmateer later pleaded guilty to a reduced charge of reckless driving in that case.

Palmateer declined comment Friday.

Carter said that the 2011 arrest and conviction were missing from Palmateer's record earlier this month when his staff mistakenly gave Palmateer a second plea bargain in connection with Palmateer's March 25 arrest at a Hammond sobriety checkpoint.

Carter's office charged Palmateer with OWI again. But Carter said he and his staff thought it was Palmateer's first such offense since it wasn't in his permanent BMV record. 

Carter said that if they had known Palmateer had a prior drunken driving arrest, they would have pressed for a trial and a conviction on the OWI charge, which could have carried stiffer penalties.

Instead, the prosecutor gave Palmateer the opportunity to plead guilty May 2 in Hammond City Court to reckless driving under a deal where the newest OWI charge was dropped.

Palmateer did plead guilty to reckless driving, agreed to undergo alcohol counseling, pay court fees and costs of $383 and submit to supervision of the court's probation department for 180 days. He avoided jail time, suspension of his driving privileges and a larger fine.

Carter said earlier he was upset over the mistake and ordered an investigation. He said Friday, "We found and submitted all the paperwork to (BMV) to truly reflect his record. He now has two major traffic violations on his record."

Carter said his research didn't find any evidence of fraud over the missing 2011 record so he cannot petition the court to overturn this month's plea bargain.

Josh Gillespie, deputy commissioner of communications for the BMV, said Friday, "The changes added yesterday were from orders from the court, not from the prosecutor. A prosecutor can't tell us to add or take away anything."

Gillespie said the Lake Station City Court had failed to submit the 2011 case to the BMV. "Some of this we only recently received."

He added the BMV record doesn't reflect police allegations that Palmateer refused to take breath tests because the Lake Station City Court in 2011 and the Hammond City Court this month ordered those to be deleted.

The Hammond City Court judge issued an order May 2 stating he heard evidence of Palmateer's arrest and "now finds that the defendant has not refused to submit to a chemical test for intoxication on March 25, 2016 and orders the Bureau of Motor Vehicles to set aside and vacate the refusal suspension on the defendant's permanent driving record."

The BMV report indicates Palmateer could have his license suspended next month, Sarah Adolf, a BMV spokeswoman said. The record indicates a failure to file proof of insurance coverage.

Palmateer's BMV record also includes nine violations for speeding, seat belt violations and disregarding a traffic signal dating between 1995 and 2008.