The search warrant for defendant’s house included her car. When he arrived there, the police attempted to stop her to search the car, but she got away and was stopped about a mile away. Because the warrant provided for the … Continue reading →
OH7: The SW included def’s car, and her driving off before police could search it didn’t prevent stopping and searching it away from the house
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CAN I BE DEPORTED FOR DUI?
The answer is probably no for simple DUI, but possibly yes for aggravated DUI. In short, the answer may depend on whether your DUI could be considered a crime of moral turpitude. In Marmolejo-Campos v. Holder, the court stated that a simple DUI has never been considered a crime of moral turpitude, but an aggravated DUI could be such a crime. In interpreting an Arizona DUI law, the court reasoned that a simple DUI does not require an element of mental intent, but merely requires that you had control of a vehicle while under the influence of alcohol. In contrast, the Arizona aggravated DUI law required that you knew you shouldn’t have been driving while your license was suspended or revoked. In Illinois, it is still up for debate which elements of our Aggravated DUI law involve mental intent. If you are convicted of Aggravated DUI, an immigration attorney may still be able to argue that your offense lacked the intent necessary to become moral turpitude. In…
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CAN PAST ACTS OF DOMESTIC VIOLENCE BE USED AS EVIDENCE IN ILLINOIS?
The state cannot generally use your past bad acts to prove that you have bad character and thus are more likely to commit a crime. Illinois law, however, specifically allows evidence of past domestic violence to be used under certain conditions. Under Illinois law, evidence of past domestic violence can be used for any relevant purpose to prove charges of domestic violence or first or second degree murder involving domestic violence. (See Evidence in Domestic Violence Cases). Even so, the court must weigh whether past crimes evidence will bias the jury against you more than it helps prove the case. To make that determination, the court considers: (1) the closeness in time between the past acts and the present crime; (2) the degree of factual similarity between the offenses; or (3) other relevant facts and circumstances. In People v Jenk, the Illinois Appellate court upheld the use of three prior domestic violence incidents against the defendant, because they were 1)…
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"Two N.Y.P.D. Officers Are Charged With Lying About a Suspect"
From The New York Times: The detectives told a sergeant in the 33rd Precinct that they had encountered a man standing in a hallway holding a gun, according to court records. Detective Cordoba told an assistant district attorney that she...
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"Public defender says Marsy's Law complicates efforts to defend her client"
From The Bismark Tribune, via NACDL news scan: Raissa Carpenter, a public defender for accused robber and attempted murderer Javontez Barnes, told North Central District Court Judge Richard Hagar Thursday that the state's attorney's office claimed Marsy's Law is the...
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Driving Under the Influence Checkpoint
DUI checkpoint on Friday, February 17 to Saturday, February 18. Officers will be stationed near the 7200 block of Adamo Drive from 10 p.m. – 1 a.m. Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
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Fatality Pedestrian Crash in Caldwell
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 02/18/17 12:31 a.m. Please direct questions to the District Office On Friday, February 17, 2017, at approximately 9:01 p.m. the Idaho State Police investigated a vehicle versus pedestrian fatality crash on Interstate 84 at the 27 off ramp for Centennial Rd. in Caldwell. Gonzalo Vasquez, 27, of Caldwell, was travelling eastbound in a 2006 Ford F350 when David Trefren, 44, of Yakima, WA, walked into the lane of travel. Vasquez's vehicle struck Trefren. Trefren succumbed to his injuries on scene. Vasquez was wearing a seatbelt. Next of kin have been notified. The off ramp was blocked for approximately two hours. This crash is under investigation by the Idaho State…
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The Physician’s Place
Breaking: The American Society of Pedantic Progressive Pediatricians has announced that all physicians should engage in a ten minute discussion with patients, outside of the hearing of parents and legal guardians, between the ages of 12 and 15 about the virtue of trying homosexual sex before determining their gender identity. If the patient, or their parent or legal guardian refuses to allow or attend the discussion, the physician should refuse to provide medical care to the patient. Insane? Ridiculous? Outrageous? Obviously, but the hyperbole is used to make a point. Physicians hold a place of special knowledge and trust. Physicians provide a skill that people require. Physicians have an opportunity to exert an influence above and beyond the limits of their position as medical providers because of these things, so why not use that position, that influence, that trust, for causes? That’s the problem that gave rise to the law partially struck down by the 11th Circuit, en…
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Breath Test evidence in Massachusetts excluded for cases prior to September 14, 2014 while Judge finds the Breath Test Scientifically Reliable
It was a partial victory for Massachusetts OUI Lawyers as the judge overseeing the Stateside breath test litigation, ruled that the breath results shall be excluded if the machine was calibrated prior to September 14, 2014, based on lack of standards and procedures for conducting the annual certification. The judge found that the lack of written guidelines and documented notes regarding how the machines were certified that the court could not find that these breath tests results were scientifically reliable. The judge found that since there was not standard procedure for calibrating the machines, that the court could not find that it was done properly based on the testimony from the office of alcohol testing that procedures were followed in an informal way and were followed despite lack of documentation. The Court found that the Commonwealth did not provide evidence that OAT had a reliable lie way to calibrate the breath test device as part of the annual…
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For A Nickel I Will
More than 35 years ago, upon graduating from college, I did what many kids of my generation did. I bought a backpack and a Eurail Pass and set out to see the world, without a gun on my shoulder. I flew into Paris’ De Gaulle Airport and promptly made my way to a cafe, where I sat on the street to learn what Ithaca failed to teach me. Among the things I observed were shoppers with mesh bags for their delicious foodstuffs. Back home, baggers in supermarkets put groceries in paper bags. When shoppers got home, the paper bags, often torn to shreds at that point, were thrown away. In Paris, the mesh bags came with shoppers, left with shoppers and were then used again. This seemed so . . . unAmerican. In the years that followed, I wondered why this was never adopted here.* Why did people not bring their own bags rather than use disposable paper bags, which required the murder of trees and space on Staten Island? At least the brown papers bags could be made of recycled paper and…
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Misdemeanor Charges in Las Vegas
Nevada state law breaks up criminal offenses into three categories. These are misdemeanors, gross misdemeanors and felonies. Misdemeanors are the least serious offenses. Accordingly, they also carry the lightest punishments. This does not mean that being charged with a misdemeanor isn’t a serious matter. It’s still crucial for defendants in these cases to seek experienced legal counsel in the form of a Las Vegas criminal defense lawyer. Sometimes, misdemeanor convictions can have consequences that a first-time defendant just doesn’t expect. A criminal record, even one that consists of a single misdemeanor conviction, can mean the difference between getting hired and having to continue a long and exhausting job search. Other people and institutions may also be able to check your background to find your criminal record, resulting in the loss of the ability to rent an apartment or attend the college of your choice. Misdemeanors in Nevada typically carry…
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Methuen Alleged Drunk Driving Crash Proves Fatal
According to a recent news article from the Boston Herald, one woman was killed and another is in critical condition following a serious car crash in Methuen, Massachusetts, which is just outside of Boston. Authorities have said the deadly crash occurred on a Saturday night going into Sunday morning, and there were multiple people in the vehicle. The crash occurred when the car allegedly swerved off the road at a high rate of speed and crashed head-on into a utility pole. The backseat passenger, who was 27-years-old at the time of the crash, was killed. When first responders arrived at the scene, they did what they could to assist the woman, but unfortunately there was nothing they could do for her, as she was nonresponsive and she was later pronounced dead before her body was transported to the Office of the State Medical Examiner where an autopsy was to be performed. First responders also found another passenger who was alive but severely injured in the deadly…
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BYOD in Az: spotlighting Arizona's (cheeky?) drug acquisition provision in its latest execution protocol
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3 Survival Tips for Every Connecticut College-Bound Student – How Not to Get Arrested
Ask any of the best Connecticut criminal lawyers and attorneys: arrests on Connecticut college campuses like UConn, Yale, Fairfield University and Quinnipiac for sexual misconduct and drug use are more rampant than ever. It’s an epidemic, and the problem is that college-bound students—especially male students—have no idea how to protect themselves. So for starters, here are 3 tips to embed into your Connecticut college-bound students that will hopefully keep them safe and prevent them from being arrested at UConn, Fairfield University, Quinnipiac or any other Connecticut college or university… Survival Tip 1 – No Sexual Contact while under the Influence of Drugs & Alcohol Some Gen Xers may remember their college years with memories of fraternity parties, keg parties, drinking, marijuana use and “hooking up.” The days of getting drunk, high and hooking up are over, however. In today’s law enforcement circles in…
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Woman Accused of Performing Oral Sex in Duval Courthouse Arrested
A woman accused of performing oral sex on a man inside the Duval County Courthouse and then posting a video of the act has been arrested. The 26-year-old was booked into the Duval County jail Wednesday night, according to jail records. Authorities started investigating after a video surfaced on social media showing a man receiving oral sex from a woman in front of what appears to be a courtroom in January. The woman had been in the courthouse for an arraignment for a drug paraphernalia arrest, according to court records. She pleaded no contest and was sentenced to time served. The incident also was captured on a courthouse security camera. If you think you are doing something illegal, it is never a good idea to take a video and post it on social media. The same goes if you have been arrested for a crime. While you may want to post about your arrest as a way to blow off steam or gain support, this is just a bad idea and could be deemed as evidence and eventually used against…
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You Have the Right to Remain Silent
South Florida Criminal Attorney | DUI Attorney Blog You Have the Right to Remain Silent Fool! YOU HAVE THE RIGHT TO REMAIN SILENT | USE IT Most people view the fifth amendment as a shelter or haven for individuals who have committed a crime. Invoking your right to remain silent is typically viewed as an admission to criminal conduct. After all, if you have nothing to hide in you have nothing to worry about speaking to the police. Right? You couldn’t be more wrong. 10 REASONS TO NEVER SPEAK TO THE POLICE If the police already have enough evidence to arrest you, they are going to arrest you no matter what you say. If they don’t have enough evidence, you will probably provide them with enough evidence to arrest you………. even if you are innocent. There is a reason the United States Supreme Court makes police officers warn you that you have a right to remain silent before they ask you questions. It is because speaking to the police is a bad idea…
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DIARY OF A MAD PRESIDENT MAR-A-LAGO EDITION
Dear Diary--- just a quick update for Sunday morning. Gave a small speech yesterday. Said "Look what's just happened in Sweden today." because of all the non-vetted refugees/terrorists they let in. Swedes quickly responded on twitter and fake media that nothing bad happened. Fake media not reporting news. Fake country. Add to enemies list: Sweden. Ikea. Cheap furniture. Takes away american jobs. Memo to self to send in Natl Guard and take that Ikea stuff and sell it at Sears. Memo to White House chef: "Pepe, please remove Swedish meatballs from menu. Keep those american burgers coming.DJT."Memo to Natl Sec Advisor (as soon as one agrees to job) "Shoot a few cruise missiles across Sweden. Patton did it and it worked for him.DJT."Dear Diary...Another weekend at Mar-A-Lago, the only $200,000.00 members only winter White House. Obama took all those days golfing and flying who knows where and doing who knows what and it cost so…
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Dinner At LeCouCou (The Day After)
There aren’t a great many benefits to blogging. Fielding moronic comments that demand an order of magnitude more effort to deconstruct than to make isn’t nearly as much fun as people think. But when I wrote about the efforts to get reservations at LeCouCou, a wonderful thing happened. They reached out to me and gave me the reservations we wanted. Last night was our dinner at LeCouCou. We approached it with some minor trepidation, as experience is that the higher the expectations, the more easily we will be disappointed. But truth be told, our expectations were sky high. And… LeCouCou was fabulous. As we entered, the memory of the old Bouley struck both Dr. SJ and me. There was no scent of apples, but there was still something of clean break from the street into a world of French dining set by candles. This was proven at the table, where a tall white taper was burning. Not a puny votive. Not an electric faux candle. But a real taper. We have a fear. The…
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D.Nev.: No actual or apparent authority to consent show; presence of gun in motel room not exigency per se
Actual authority to consent and apparent authority a motel room are two different things. Here, the government can’t show either on this record. The possibility of a gun in the room is not an exigent circumstance. United States v. Gooch, … Continue reading →
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The Science of Infrared Technology and Breath Alcohol Detection
Blood alcohol testing (BAC) technology continues to improve in the fight to curb drunk driving and to better identify individuals who are driving while intoxicated. Among one of the most interesting DWI law-related technological topics involves the use of infrared technology. Infrared technology is a mainstay in modern breath testing machines to identify individuals who drive while […] The post The Science of Infrared Technology and Breath Alcohol Detection appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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