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DWI defense – Determining guilt or innocence is not a cookbook exercise

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During some DWI bench trials, it appears that judges are using a piece of paper to check off information about the defendant’s purported performance on the junk science field sobriety tests. I hope that no judges are using a pre-printed checklist — and if so, hopefully such checklists are not distributed at judicial conferences — not only because doing so distracts from rendering an independent and correct verdict about whether the case has been proven beyond a reasonable doubt, but also because any checklists used should only be of the judge’s own making in fulfilling his or her own judicial oath as an independent adjudicators, and not rely on checklists from other sources. Repeatedly, many judges allow police officers to testify about how many clues they are looking for in the horizontal gaze nystagmus test (if permitted to testify about such junk science in the first place), walk and turn test and one leg stand. Hogwash! To allow testimony about…

Crash State Highway 45 and Big Foot Road South of Nampa

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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: 05/20/2017 11:33 p.m. Please direct questions to the District Office Idaho State Police is investigating a crash on State Highway 45 milepost 17 at Big Foot RD, south of Nampa. There is lane blockage. Expect delays in the area. 3641 / 3642 -------------

Crash in Jerome County Claims One

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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: 5/21/2017 at 2:10 a.m. Please direct questions to the District Office On May 20, 2017, at approximately 9:05 p.m., Idaho State Police investigated a crash on Interstate 84, near milepost 163, in Jerome County, ID. Jami I. Jennings, 35, of Twin Falls, ID was driving eastbound on Interstate 84 in a 2015 Chevrolet Equinox when she struck an object in the roadway. Jennings' vehicle became disabled, coming to rest partially in the left lane of travel. Jennings and her passengers, Robert P. Jennings, 37, of Twin Falls, ID, and two minor children were seat belted prior to exiting the vehicle. All occupants from Jennings' vehicle were transported by ground…

*Final Update* Crash State Highway 45 and Big Foot Road South of Nampa

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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: 05/21/2017 3:30 a.m. Please direct questions to the District Office *Update* On Saturday, May 20, 2017, at approximately 11:23 p.m., the Idaho State Police investigated an injury crash southbound SH45 at Big Foot Road, south of Nampa. Teodoro Rodriguez, 34, of Melba, was driving southbound on SH45 in a 1997 Toyota Camry. Amairany Cruz, 16, of Nampa, was driving northbound on SH45 in a 1997 Ford Ranger. Rodriguez crossed over the center line and struck Amairany's vehicle head on. Rodriguez was taken by air ambulance to St. Alphonsus Regional Medical Center in Boise. Amairany was wearing their seatbelt and taken by ground ambulance to St. Alphonsus Regional Medical…

Eat A ‘Peach

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Before Donald J. Trump was sworn in as the 45th President of the United States, the #Resistance was calling for his impeachment. It was simultaneously adorable and horrible, reflecting that exceptional combination of passion and ignorance that could only possess the minds of so many well-intended, well-educated, totally batshit crazy people in the Age of Emotion. It was Stephen Colbert who, in his humorous way, saw this coming years in advance and gave it a name: Merriam-Webster’s #1 Word of the Year for 2006: truthiness (noun) 1 : “truth that comes from the gut, not books” (Stephen Colbert, Comedy Central’s “The Colbert Report,” October 2005) 2 : “the quality of preferring concepts or facts one wishes to be true, rather than concepts or facts known to be true” (American Dialect Society, January 2006) It was an excellent word, capturing where reality would be heading long before it got there. But, we’re there. The word has…

Woman Arrested After Allegedly Being Drunk at Victim Impact Panel

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Most people are familiar with Mothers Against Drunk Driving (MADD).  The organization’s main stated goal is to reduce the number of drunk driving fatalities in the U.S.  In addition to their many advertising campaigns like you might see reflected on billboards as you drive on I-95 in Fort Lauderdale, they also have many educational programs. One of these programs, called the Victim Impact Panel (VIP), is generally only attended by people ordered to do so in connection with a DUI plea or following trial.  According to a recent news article from The Moultrie Observer, a woman was arrested at one of the VIP meetings for allegedly showing up drunk and causing a public disturbance.As our Fort Lauderdale DUI defense attorneys can explain, the Victim Impact Panel is a meeting where victims of serious drunk driving accidents or their families speak to attendees about the profound effect drunk driving had on their lives and how they want to stop everyone in…

How Alcohol is Absorbed in the Human Body

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Alcohol absorption is the process of how alcohol enters the bloodstream. Once in the bloodstream, alcohol gets distributed throughout the body and into various tissues and organs until the metabolic process eliminates it. Understanding how these factors contribute to intoxication is key in any discussion of DUI/DWI. Following a traffic stop for a suspected DUI/DWI, […] The post How Alcohol is Absorbed in the Human Body appeared first on Minneapolis DWI Lawyer Douglas T. Kans.

DIARY OF AN ARABIAN PRESIDENT

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Dear Diary: I'm in Arabia! And life is grand. Landed after a long flight. (Memo to self- complain about travel times to air force guys. We can speed this up.)Everyone on the flight was tense. Special prosecutor stuff. I've about had it with that.  I'm the president. And I was on a TV show. I can fire anyone. This Muller guy better watch his step or he's history. Anyway, landed here and they have my picture everywhere! On billboards. Buildings. Just like Atlantic City when I had the casinos. Then I got this medal. Gold. Bigger than the one they gave Obama (I checked). I got Jared working on this jewish issue. Seems pretty simple. Nothing money and a few buildings can't cure. Basically I said to the King- King, howz about we sell you some F-B52's- the ones Patton used, and build a Trump tower here and you make nice with the jews? In fact, they love to eat. Open a few bar-be-que joints. Not many pig places here in the middle east.…

Taking One For The Team

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When you read about a miscarriage of justice, more accurately framed as the system gone horribly wrong for reasons that defy any rational explanation, do you feel empathy toward the maligned victim or believe that mistakes will invariably happen in an imperfect system, and somebody has to end up being the poor schmuck who takes one for the team? Chicago police arrested [John Adam] Jones and two friends outside his parents’ home in May 2015, saying their clothes matched the description given by the victims of an armed robbery. Although no gun or stolen items were recovered from his home and the victims had not identified his face, Jones says officers got approval from a prosecutor’s office to charge him with a felony by not disclosing their lack of evidence. The charges were eventually dismissed by directed verdict when Jones couldn’t be identified as the perpetrator of the crime. Justice was done? Well, the disaster could have been worse, given that he…

Replacing 'Driver Responsibility' fee with Phillips-Miles Tariff replicates worst features of a flawed system

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Let's crunch a few numbers regarding the proposed "repeal" legislation for the Driver Responsibility Program (DRP), which Grits earlier suggested is barely an improvement, if at all.The bill adds $20 to every traffic ticket, creates a new $3,000 fine for DWI on top of existing penalties (which already include a fine of up to $2,000 on a first offense), and adds $750 to tickets for no insurance. Under the DRP, these costs were spread out over three years, but now they're criminal fines due upon conviction.This additional levy is particularly counterproductive since, for most people, a no-insurance ticket amounts to a poverty crime. If the offender had $750 to pay, public safety would benefit more if she were required to buy insurance than to pay that much in a fine.As a practical matter, the no-insurance tariffs are essentially similar to the penalties under Obamacare for people who don't buy health insurance. Except Texas law provides no subsidies to…

Correction - Crash State Highway 45 and Big Foot Road South of Nampa

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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: 05/21/2017 9:12 a.m. Please direct questions to the District Office *****Correction***** The media release about the fatality crash that occurred yesterday, May 21, 2017, that was southbound SH45 at Big Foot Road, south of Nampa, contained the name of the juvenile driver of the 1997 Ford Ranger. The name and age of the juvenile driver should not have been included in the media release. We apologize for this and ask that any news agencies please refrain from using the name and age in subsequent reports. Thank you for your cooperation. 3725 / 4031 *****End of Correction***** *Update* On Saturday, May 20, 2017, at approximately 11:23 p.m., the Idaho State Police…

Attorney Uche secures a Not Guilty jury verdict on behalf of a client charged with four counts of Rape

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Attorney Uche was hired by a young man charged with four counts of rape after his prior attorney had urged him to plead guilty. The Lake County persecutors during a week-long jury trial had presented eight witnesses including two detectives, a nurse and a DNA expert.  The defense only presented one witness: the Defendant.  During the trial Attorney Uche demonstrated through aggressive cross examination that the Defendant had been targeted because he was a well known small business owner and that the alleged victim along with an accomplice had sought to frame him.  The defense was based on consent. The jury returned a verdict in under 40 minutes of retiring to deliberate. Read More

Attorney Uche secures a Not Guilty jury verdict for a client facing armed habitual criminal charges

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Attorney Uche was hired as co-counsel on a case in which Cook County Prosecutors charged a Chicago resident with armed habitual criminal.  Chicago police had accused the man of unlawful possession of a gun.  The Defendant had an extensive criminal background which included prior gun charges which the jury learned about.  Nonetheless, attorney Uche during an intense cross-examination lasting two hours got the police officer to admit that he had handled the gun without gloves and he had violated numerous police protocols in securing the evidence.  During arguments, Attorney Uche had argued that the charges were bogus and that the gun was planted on the Defendant. The jury returned a verdict of not guilty within an hour of retiring to deliberate.  The client had faced a minimum of 30 years imprisonment with a maximum of 60 years imprisonment. Read More

Attorney Uche persuades Illinois Appellate Court to throw out client’s conviction for drug trafficking

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In a major appellate victory, Attorney Uche persuaded Illinois’ Third Appellate District Court to throw out his client’s 12-year sentence and conviction for drug trafficking.  The case, People v. Litwin had involved a traffic stop where a police officer had allegedly discovered more than fifty pounds of cannabis in suitcases stored in the Defendant’s trunk.  Prior to trial, the Defendant had argued for dismissal of the charges because the traffic stop was illegal, the video of the traffic stop had been partially destroyed and that the police officer had searched the Defendant’s trunk without probable cause or consent.  The trial judge disagreed and refused to dismiss the charges.  After a trial, the Defendant was found guilty and sentenced to 12 years imprisonment.  Attorney argued on appeal that the traffic stop unreasonable and thus, the search was illegal.  Attorney Uche also argued that the destruction of parts of the…

CA HS 11378: Explaining Prosecution Arguments & Best Defenses

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California Health and Safety Code 11378 HS makes it illegal to possess methamphetamine for the purpose of selling or distributing it to others. Convictions under this law result in felony charges, up to three years in jail, and fines of up to $10,000. If you find yourself charged with a crime under 11378 HS, seek... The post CA HS 11378: Explaining Prosecution Arguments & Best Defenses appeared first on Law Offices of Graham D. Donath, APC.

Has Uber Really Lowered DUI Rates Across the Country?

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Recent studies have started to surface in regards to the number of OUI’s now that Uber has become a popular ride-sharing service. Uber operates in many cities across the country and has become increasingly more popular over the last couple of years. Young people and adults alike look to Uber to provide transportation after a night out; Uber is generally considered a safer option and is accessible to those who live outside the city. What does this mean for OUI rates across the country? As Uber is still relatively new in the transportation world, there have been mixed finding’s depending on what study you look at. A study on drunk driving in the city of New York supported the idea that, boroughs that had wide-spread usage of Uber, had a 25%-35% decrease in the number of accidents where alcohol was a leading factor; these numbers can be compared to areas which do not offer Uber as a ride service to it’s residents. The study, summarized by the New…

Fatal pedestrian crash Garwood area of US 95

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: May 21st, 2017 09:42 PM Please direct questions to the District Office On May 21st, 2017, at approximately 9:42 pm,a fatal crash occurred near the intersection of US95 and Garwood Rd north of Hayden, ID. A 2003 Dodge Durango driven by Travis M Storms (38 year old male of Athol, ID), struck pedestrian Velvette R Skaggs (37 year old of Comanche, OK) who was standing in the middle of the northbound lanes of travel for unknown reasons. Skaggs was fatally injured at the scene. Notification has been made to the victim's family. Kootenai County Sheriff's Department and English Funeral Home of Post Falls assisted at the scene. The investigation continues…

Before her acquittal, cop who killed Terence Crutcher insisted his actions dictated hers

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  Last September 2016, I blogged about Tulsa police officer Betty Shelby’s killing of unarmed Terence Crutcher. Video footage of the incident is here. Subsequently, officer Shelby was brought to trial on a manslaughter charge for her killing of Terence Crutcher. After around nine hours of deliberations, the jury acquitted Shelby. The trial judge filed the foreperson’s post-verdict three-page memorandum  (here is the full text) that says among many other things: ” “Many on the jury could never get comfortable with the concept of Betty Shelby being blameless for Mr. Crutcher’s death.” The jury still acquitted officer Shelby, with the standard for a conviction in the United States always being proof beyond a reasonable doubt. The foreperson’s memorandum provides valuable insights for any criminal defense lawyer into the thought, deliberation, and group process of jurors. Stunningly, even before the trial date,…

Where Law and Politics Meet

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The best part of Alan Dershowitz’s Fox News op-ed is the title, Dershowitz: Mueller’s special counsel appointment begs the question — are our civil liberties now at risk? No doubt it was written by some wag at Fox, but its misuse of the logical fallacy, beg the question,* makes it deliciously delightful when it comes to brother Dersh. But his rant has a point, even if proposed in the barely-concealed desire to be retained for the defense. This investigation will be conducted in secret behind closed doors; witnesses will be denied the right to have counsel present during grand jury questioning; they will have no right to offer exculpatory testimony or evidence to the grand jury; inculpatory hearsay evidence will be presented and considered by the grand jury; there will be no presumption of innocence; no requirement of proof beyond a reasonable doubt, only proof sufficient to establish the minimal standard of probable cause. The prosecutor alone will tell…

DIVORCE: Will it be Hollywood’s War of the Roses? Maybe not?

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Often when confronted with divorce, people fear the ugly divorces popularized by Hollywood films like the 1989 box-office hit The War of the Roses.  In that film, Danny DeVito, Kathleen Turner and Michael Douglas give us a front-row seat to the worst of the divorce process and show an epic battle where spouses battle to “win” their divorce at all costs.   That film has become popular shorthand reference for today’s most bitter divorce battles. But now, many in Hollywood are showing a much better picture. A recent Divorce Magazine article highlighted the Top 20 Amicable Celebrity Divorces, and recognized a growing trend among celebrities to skip the war.  Some celebrities are succeeding with friendly splits, which is no small accomplishment in under the ever-present glare of the spotlight and all access tabloid coverage. You might be interested to know that the winners of Divorce Magazine’s Top 20 are Demi Moore and Bruce…
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