A visitor to Iowa arrested in a drunk driving with a golf cart case last year has dodged a conviction for driving under the influence after hiring a lawyer in a notorious case at The Villages.
Austin Oliver Shane, 34, was living in Cedar Rapids, Iowa, when he was arrested Nov. 26. while driving a golf cart that got lost on State Road 44 near Brownwood. He appeared to be intoxicated and “had to use his left hand to brace himself on the golf cart” during a traffic stop, according to a Wildwood Police Department arrest report. He “stumbled” and was “unable to maintain an upright posture”. An officer asked Shane to participate in field sobriety drills, but he refused. He also refused to provide a breath sample.
Last week in Sumter County Court, Shane did not contest a reduced reckless driving charge. Shane, who moved to Chicago, was placed on probation for a year and ordered to perform 50 hours of community service.
Shane was represented by attorney Andrew Moses who made headlines in 2019 when he successfully defended Timothy Jacob Foxworthwho escaped with a sentence of probation linked to the death of Shelly Osterhout. She had been a passenger in a golf cart Foxworth was driving after a night of drinking in Brownwood. He was driving his parents’ golf cart when he made a sharp U-turn and Osterhout, who was in The Villages to visit his father, fell and suffered a fatal head injury. Foxworth was seen dragging her body through a flower bed and arrested after fleeing the scene. Foxworth was charged with driving under the influence and impaired driving manslaughter.
However, Moses skillfully used case law to show that his client could not be charged in the “crash” because there was no accident. The district attorney’s office admitted that Foxworth could not stand trial because he had been charged and that Florida did not have a “good Samaritan” law that would have required Foxworth to stay at the scene and provide assistance.
Foxworth did not contest the tort charges of culpable negligence and impaired driving. He was sentenced to one year probation and 50 hours of community service.