Summary
In Office of Disciplinary Counsel v. Murphy, No. 32 DB 2007 (2008), Murphy, with a blood alcohol content of.24%, struck a car head-on causing severe injuries to the driver and passengers. Murphy pled guilty to felony aggravated assault with a vehicle while driving under the influence and reckless endangerment (a misdemeanor). He had a prior DUI, as well as a prior conviction for failure to report an accident involving personal injury. Additionally, he failed to report his criminal convictions to the Board.
Summary of this case from Office of Disciplinary Counsel v. KidwellOpinion
No. 1243 Disciplinary Docket No. 3, No. 32 DB 2007.
September 22, 2008.
Attorney Registration No. 91262, (Philadelphia).
ORDER
AND NOW, this 22nd day of September, 2008, upon consideration of the Report and Recommendations of the Disciplinary Board and Dissenting Opinion dated June 4, 2008, it is hereby
ORDERED that Michael Patrick Murphy, Jr., is suspended for a period of six months, the suspension is stayed in its entirety and he is placed on probation for a period of four years, subject to the following conditions:
1. Respondent shall abstain from using alcohol or any other mind-altering chemical;
2. Respondent shall regularly attend Alcoholics Anonymous meetings on a weekly basis;
3. Respondent shall obtain a sponsor in Alcoholics Anonymous and maintain weekly contact with that sponsor;
4. A sobriety monitor shall be appointed to monitor Respondent in accordance with Disciplinary Board Rule § 89.293(c);
5. Respondent shall furnish his sobriety monitor with his Alcoholics Anonymous sponsor's name, address and telephone number;
6. Respondent shall establish his weekly attendance at Alcoholics Anonymous meetings by providing written verification to the Board on a Board-approved form;
7. Respondent shall undergo any counseling, out-patient or in-patient treatment, prescribed by a physician or alcohol counselor;
8. Respondent shall file with the Secretary of the Board quarterly written reports;
9. With the sobriety monitor, Respondent shall:
a) meet at least twice a month
b) maintain weekly telephone contact
c) provide the necessary properly executed written authorizations to verify his compliance with the required substance abuse treatment; and
d) cooperate fully.
10. The appointed sobriety monitor shall:
a) monitor Respondent's compliance with the terms and conditions of the order imposing probation;
b) assist Respondent in arranging any necessary professional or substance abuse treatment;
c) meet with Respondent at least twice a month and maintain weekly telephone contact with him;
d) maintain direct monthly contact with the Alcoholics Anonymous chapter attended by the Respondent;
e) file with the Secretary of the Board quarterly written reports; and
f) immediately report to the Secretary of the Board any violations by the Respondent of the terms and conditions of the probation.
It is further ORDERED that Respondent shall pay costs to the Disciplinary Board pursuant to Rule 208(g), Pa.R.D.E.