Implied consent is an important aspect of DUI defense. The Washington implied consent statute, RCW 46.20.308, requires officers to inform a driver suspected of DUI of certain consequences of refusing or submitting to a breath test. When recreational marijuana use was decriminalized in Washington, the legislature set a legal limit for THC levels in the blood while driving. It also added a warning to the implied consent statute, stating the consequences of a breath test that indicated the driver’s THC concentration was above the legal limit. The available breath tests, however, could not measure THC. Although the statute has since been amended again, there were cases that arose under the language requiring the THC warning. This blog previously discussed the case of State v. Murray, wherein the Court of Appeals found that the defendant’s breath test results were not admissible because the officer did not provide the THC warning. The…
Washington Supreme Court Holds THC Implied Consent Warning Not Required
↧
↧
Arrests Down, Shootings and Overdoses Up In Baltimore
Baltimore Police made fewer arrests in 2016 than in 2015 and homicide numbers were slightly lower, but think twice before assuming the city was a safer place last year. The reality is that despite a 7 percent decrease in total arrests and 26 fewer murders, Baltimore was actually more dangerous in 2016 than any year in recent memory. Last year saw a staggering number of shootings in a city with a steadily declining population. All told the police department reported 936 shootings at year’s end, a number that came in just 60 shy of New York City’s number of shootings. The catch being that NYC has 14 times the population of Baltimore. About 1 out of every three shootings ended up being deadly, which kept the homicide number above 300 for the second year in a row and placed Baltimore among the most deadly cities in America for gun violence in 2015. Another statistic to ponder is the 39 percent clearance (case closed by arrest) rate for Baltimore murders. The 39 percent…
↧
Heriot & Somin on Federal Hate Crimes
Gail L. Heriot and Alison Somin (University of San Diego School of Law and Independent) have posted Sleeping Giant?: Section Two of the Thirteenth Amendment, Hate Crimes Legislation, and Academia's Favorite New Vehicle for the Expansion of Federal Power (Engage:...
↧
//blawgsearch75.rssing.com/chan-6519914/article22124-live.html
US v. Acevedo-De La Cruz, No. 15-10418 (1-5-17) (Ikuta w/Bea & Restani). This is a categorical analysis of whether a violation of a protective order is a "crime of violence" under 2L1.2 of the USSG. The statute in question is Section 273.6(d) of the California Penal Code. The statute criminalizes a violation of a protective order "involving an act of violence or 'credible threat' of violence." The defendant argues that a "threat of violence" could include vehement words expressing feelings. This would be a credible threat of violence without the threatened use of physical force. In rejecting the defendant's argument, and affirming the +16 enhancement, the 9th relies on the plain text of the statute, and a common understanding of the word "violence" as including force. The 9th holds that a violation of 273(d) is a categorical crime of violence.The decision is…
↧
Double Jeopardy Law in Maryland and How it Can Help You in Your Criminal Case
There are a great many things that can be changed or altered in a criminal case. The prosecution and the defense can ask the court to amend or reverse many decisions made previously. One situation in which that isn’t true is a judgment of acquittal for insufficient evidence. Once the judge in your case makes that decision, it is the equivalent of a “not guilty” verdict, and the Constitution’s prohibition against double jeopardy means that you can no longer be convicted of that crime. This hard-and-fast rule proved to be the key to a Maryland man escaping an assault charge for an altercation at a Prince George’s County supermarket, as decided recently by the Court of Special Appeals. The man, Marcus Butler, was arrested (along with another man, Kenneth Vance) in relation to an incident at the Giant supermarket in Hyattsville. During the incident, in which certain groceries were allegedly stolen from the store, a store security guard confronted…
↧
↧
¡¡CAMBIEMOS Y REVOLUCIONEMOS NUESTRA SOCIEDAD!!
"Cuanto más estudiamos la cuestión, tanto más estaremos obligados a afirmar que la sociedad, en sí, es responsable de las acciones antisociales cometido en medio de ella; y que ningún testigo, ninguna, cárcel y ningún verdugo puede disminuir el número de tales hechos; solamente puede hacerlo una reorganización de la sociedad misma". Piotr Kropotkin ¿Quién fue este señor? Wikipedia nos ilustra de la siguiente manera (parte de su biografía): Kropotkin nació en Moscú el 9 de diciembre de 1842, en el seno de una familia noble. Su padre, el príncipe Alekséi Petróvich Kropotkin, era dueño de grandes latifundios en tres provincias, y disponía de unos 1200 siervos. Por línea paterna su linaje se trazaba hasta los Rúrik; su madre, Yekaterina Nikoláievna…
↧
An optimistic accounting of many areas for bipartisan federal criminal justice reform ... and good lines of inquiry for AG nominee Jeff Sessions
↧
Two Vehicle Crash Near Burley Blocks Left Lane
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 01/06/2017 at 10:01 a.m. Please direct questions to the District Office IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 1/6/2017 at 9:45 a.m. Please direct questions to the District Office Idaho State Police is currently investigating a two-vehicle crash westbound Interstate 84 at 211, on the overpass, east of Burley. The left lane of eastbound Interstate 84 is blocked at this time. More information will be…
↧
LEY y JUSTICIA
Como ustedes saben soy Abogado y comprendo perfectamente las razones por las cuales somos tan mal vistos por la ciudadanía, especialmente por aquella que acude al Poder Judicial en busca de defender un derecho o contestar pretensiones interpuestas contra ellas, no obstante preciso, en tales circunstancias los ciudadanos comparten la responsabilidad en la medida que, dada la corrupción reinante en la administración de justicia, estiman la coima como el único camino para conseguir se respeten sus derechos y contactan con “abogados famosos”, “tiburones” les denominan algunos, dados sus “éxitos” en las causas que patrocinan y bueno no dudan en aceitar –vía el “tiburón”- las manos de administrativos, personal jurisdiccional y magistrados para “asegurarse” una sentencia favorable. A aquellos ciudadanos sufrientes y “coimeadores” les hago saber el…
↧
↧
California Sleep Clinic Agrees To Settle False Claims Case for Billing Medicare for Diagnostic Sleep Tests. Pays $2.6 Million Fine and Loses Provider Numbers for 3 Years.
Diagnostic sleep studies have been under scrutiny and audit by Medicare and private insurers for the past 5 years. Recently, a false claims civil lawsuit resulted in a large settlement by a California sleep diagnostic clinic. One requirement of this recent civil settlement was that the business lose its provider numbers and not be allowed to re-enroll for 3 years. That essentially closes the business and does not allow it to be sold to a third party. Essentially, this shows the government decided it wanted this provider out of the program. On December 28, 2016, Bay Sleep Clinic, its related businesses — Qualium Corporation and Amerimed Corporation — and their owners and operators, Anooshiravan Mostowfipour and Tara Nader agreed to pay $2.6 million to settle allegations that they fraudulently billed the Medicare program. The claims resolved by this settlement are allegations only and there has been no determination of liability.The allegations…
↧
Friday Open Thread
I've been in court hearings this week so I'm behind on the news. Mr. UnPresident Elect is asking Congress to pay for his border wall (claiming he'll get the money back from Mexico.) He gets his Russia intelligence briefing today but... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
Woman Reduces Jail Time for Multiple Charges and a Probation Violation
Not long ago, the Columbus criminal defense attorneys with Luftman, Heck & Associates assisted a young woman when multiple criminal charges put her in severe legal trouble. Apparently, this woman was on probation for a previous theft offense when she was charged yet again with a theft-related charge. This serious probation violation, which could result [...]The post Woman Reduces Jail Time for Multiple Charges and a Probation Violation appeared first on Columbus Criminal Attorney.
↧
How to Confirm Justice Kethledge
Or Justice Sykes or Justice Pryor or Justice Gorsuch, etc.It has become reasonably clear that the Democrats will filibuster anyone Mr. Trump will nominate. They will do this by declaring such a person "outside the mainstream," which means simply outside the sort of "mainstream" that embraces a Constitution that meanders with the fashion of the day. And we all know the fashion of the day gets dictated by the same groups that now bring us Black Lives Matter, expansive drug legalization, and the narrative of America as a callous and racist cauldron.In other words, there will be a filibuster against anyone Trump will, or should, nominate.Is there an effective strategy, short of the nuclear option (i.e., eliminating the filibuster) to get a sensible, mainstream conservative confirmed?Yes, there is. I'll call it the Middle Way. The Middle Way is to preserve the filibuster, a long tradition that does serve some worthwhile braking…
↧
↧
[VIDEO] Uber Drivers – Fight Virginia Reckless Driving
A reckless driving conviction on that record could impair your ability to drive with Uber, especially depending upon if you have other tickets. Contact me so we can look at your defense options. Are you an Uber driver or a hopeful driver for Uber in the future? If you’ve received a reckless driving ticket, we need to talk about your options to try to help your Uber career. Before Court If you have a pending ticket for reckless driving, your case is urgent. We definitely need to talk about what may happen in court and how I can help you try to avoid a reckless driving conviction. As you probably know, Uber checks your driving record to make sure that you have a good record. A reckless driving conviction on that record could impair your ability to drive with Uber, especially depending upon if you have other tickets. I’ve searched and tried to find official guidance from Uber on what driving record policies they have, and unfortunately I’ve been unable to…
↧
Appointment of Counsel in Parental Rights Cases
In the matter of C.B.S. v. J.S.D. (In re E.K.S.), 2016 UT 56, Mother gave birth to her daughter (“E.K.S.”) while she was on probation and faced additional incarceration for other criminal activities. She entrusted E.K.S. to her sister and brother-in-law (“Adoptive Parents”) to take care of the daughter until Mother would be released. Mother did not comply with the terms of her probation, so she was arrested and ordered to serve her original sentence of zero to five years. Adoptive Parents petitioned to terminate Mother’s parental rights, and Mother denied the allegations and requested an appointment of counsel from the juvenile court to appoint an attorney to represent her. The juvenile court advised Mother of Utah Code section 78A-6-1111(2), which says that a public defender is not available in a private petition. Thus, Mother was unrepresented by counsel during the termination proceeding. The juvenile court terminated Mother’s parental…
↧
Commercial Vehicle Blocks US93 Near Hollister
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 01/06/2017 at 12:05pm Please direct questions to the District Office On January 6,2017, at approximately 8:22am, Idaho State Police assisted a Milky Way commercial vehicle pulling a pup trailer that was broken down. The commercial vehicle had mechanical issues and blocked the southbound lanes of US93 at milepost 28, near Hollister, for approximately two hours. The southbound lanes of US93 are no longer blocked. MJ / KJ -------------
↧
News Scan
POTUS Continues to Free Terrorists: With the recent release of 4 Yemen-originated terrorists from Guantanamo bay, President Obama seems dead set on continuing to free individuals who have been incarcerated for acts of terror against the United States. Adam Kredo of the Washington Free Beacon reports that over the course of Obama's presidency, the population of Guantanamo Bay has been reduced by nearly 75% according to statistics published by the pentagon. Since 2015, the recidivism rates of Gitmo detainees has doubled and yet this trend is expected to continue as Obama's administration has voiced it intentions to release even more Gitmo prisoners prior to the inauguration of President Elect Donald Trump. Fort Wayne Seeks Death Penalty: Following the gruesome murder of 3 adults and one infant, Fort Wayne Indiana is seeking the death penalty for the man who has been charged with the crime. Wane.com reports that Marcus Dansby, 21, will be facing four counts of murder…
↧
↧
Texas is The Next State to Consider a Bathroom Bill in 2017
Texas is the next state to look at a controversial “bathroom bill,” – a measure that ran into trouble when it was introduced in North Carolina. The state’s Lieutenant Governor Dan Patrick is proposing a bill that will prevent transgender people from using the bathroom of their choice, reported The Guardian. A similar bill was introduced in North Carolina. It was heralded as an attack on transgender people and was opposed by many businesses as the state was boycotted by some organizations. The legislation was seen as the catalyst for the defeat of North Carolina governor Pat McCrory in November’s elections, although efforts to repeal it have failed so far. Patrick’s “Women’s Privacy Act” is on the priority list for state Republicans in 2017. The bill’s supporters say it is intended to protect women and girls from men entering women’s bathrooms and to deter sexual predators. Patrick has not detailed his proposed…
↧
Lenon on Prohibiting Polygamy
Suzanne Lenon (University of Lethbridge) has posted Intervening in the Context of White Settler Colonialism: West Coast LEAF, Gender Equality and the Polygamy Reference (Oñati Socio-Legal Series, Vol. 6. no. 6, 2016) on SSRN. Here is the abstract: In November...
↧
Federal Identity Theft Is a Big Deal during the Holidays
According to the Identity Theft Fraud Study released by Javelin Strategy and Research, more people were victimized by identity theft in 2016 than in 2015 but at lower costs. In 2015, 12.7 million people lost $16 billion to identity theft while 13.1 million people lost $15 billion in 2016. Why has identity theft become a billion dollar industry? That period between Thanksgiving and Christmas is a retailers dream. Encouraged by sales promotions and an increased willingness by retailers to deal with consumers, hundreds of millions of people flocked into shopping malls, or made quick-fingered purchases online, spending an average of $935 ($140 on themselves), according to the National Retail Federation. The amount of money spent was staggering, allowing for many retailers to finish in the black for their overall annual sales. Most of these purchases, either in the store or online, with credit cards—the quickest and most efficient way to spend…
↧
More Pages to Explore .....
