Governor Gregg Abbott recently signed H.B. 3016, a bill that will allow a first-time DWI offender to submit an application for non-disclosure to restrict access to his or her criminal record. The new law seals the offender’s record and prohibits... The post DWI: How Texas’s “Second Chance” Law Could Help First-Time Offenders appeared first on The Law Office of Greg Tsioros.
DWI: How Texas’s “Second Chance” Law Could Help First-Time Offenders
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New Website for my Book, Marijuana Law, Policy, and Authority
I’ve just launched the official companion website for my new textbook, Marijuana Law, Policy, and Authority. The website address is https://my.vanderbilt.edu/marijuanalaw/. The book website includes: more information about the book, including two sample chapters updates on big post-publication developments in the field, like the 10th Circuit Civil RICO decision and...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/9Bkan_kx3ic" height="1" width="1" alt=""/>
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Diamantis on White-Collar Sentencing
Mihailis Evangelos Diamantis (University of Iowa, College of Law) has posted White-Collar Showdown (102 Iowa Law Review Online 320) on SSRN. Here is the abstract: The Sentencing Commission and the judiciary do not see eye to eye when it comes...
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"White-Collar Showdown"
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What You Need to Know About “No Refusal” This Labor Day
This Labor Day is a no refusal weekend. Labor Day is a high-profile holiday—along with New Year’s Eve, St. Patrick’s Day, July 4th, and Memorial Day— because many people travel to attend parties and events with family and friends that include alcoholic beverages on these days. Dozens of drivers are typically arrested for drunk driving more > The post What You Need to Know About “No Refusal” This Labor Day appeared first on The Law Office of Matthew D. Sharp.
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Michigan Drunk Driving Laws: Application is Crucial
Make no mistake about it, the laws across the United States have become progressively more severe for those that have been charged with drinking and driving. In the state of Michigan, the need for creative and diligent counsel has become more than a luxury, it has evolved into a necessity. Depending upon the facts and jurisdiction that the defendant is being charged with, a jail sentence can become a reality for even those convicted on a first offense. One thing people do not realize is that Michigan, unlike many other states, does not allow for a drunk driving conviction to disappear with an expungement. On its face, the law in the state of Michigan is very clear. An individual who is 21 years or older is considered legally drunk if the individual’s Blood Alcohol Content (BAC) is found to be 0.08 or higher. The drunk driving laws are referred as OUIL (Operating Under the Influence of Intoxicating Liquor) and appear to be standardized from other states…
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Still more interesting new "Quick Facts" publications on federal drug sentencing from the US Sentencing Commission
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Can DUI Marijuana Be Detected or Measured?
I’ve posted in the past on the difficulties law enforcement faces in detecting impairment from marijuana while driving — both subjectively (symptoms, field sobriety tests and the officer’s opinion) and objectively (analysis of blood or other bodily substances). See, for example, Identifying and Proving DUI Marijuana ("Stoned Driving"), Can Breathalyzers Measure Marijuana?, New Efforts to Push Roadside DUI Marijuana Test and San Diego Begins Using Mouth Swabs to Detect Drugged Drivers. There is even disagreement among scientists as to how much marijuana must be ingested to become impaired, and how the metabolism (absorption and elimination) of marijuana functions in any individual — for example, how long the active metabolites remain in the blood. See How Much Does It Take to Impair Driving? and New Study: Minimal Impairment From Marijuana. The following excerpts from a segment of a recent public radio…
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Fabian Novak - Venezuela ¿Y los muertos? ..pues,...que pena.
Fabian Novak - Venezuela ¿Y los muertos? ..pues,...que pena. http://peru21.pe/opinion/fabian-novak-declaracion-desnuda-dictadura-maduro-2292860 Con este endurecimiento, ¿qué tanto más puede resistir el régimen venezolano? - Es muy importante que las protestas sigan en las calles de Venezuela. Lamentablemente, el costo es alto: muertos, detenidos, heridos, pero la resistencia tiene que continuar porque desestabiliza al régimen. En segundo lugar, tienen que continuar estos mensajes políticos de países comprometidos con la democracia que le digan a Maduro que es una dictadura, que no van a reconocer sus actos. Finalmente, es necesario que los estados adopten medidas duras; es necesario que Estados Unidos imponga sanciones en términos económicos.- Pienso, después de haber leído la respuesta precedente de un gusano de nombre Fabián Novak, que estoy equivocado en cuanto a la…
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DO I NEED TO COME BACK TO MASSACHUSETTS TO DEAL WITH AN OUTSTANDING WARRANT
I am an attorney who has fielded this question on many occasions for more than 25 years. Individuals call our firm from all over the Country and even the world, requesting advice and service to clear up their warrants. Having an outstanding warrant can prevent you from renewing your driver’s license. It can also provide roadblocks and hassles trying to enter the United States For many years people would leave Massachusetts, knowingly or unknowingly with an open court case or warrant lodged against them. More and more, in recent years, due primarily to advances in technology, these warrants have surfaced for them and have unfortunately caught up to them. Many times, this comes as a shock to these persons who never knew about the warrant or forgot all about it. This comes up very often when people are trying to renew their license out of state, but Massachusetts has put a hold on their license. The short answer to the question is that very…
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Does Checking Identification During a Traffic Stop Illegally Prolong the Stop?
When is a Traffic Stop Prolonged? Cops can check identification during a traffic stop.The Utah Supreme Court addressed whether cops can runs identification checks when conducting a traffic stop. In the case before them, Martinez was the passenger in a car that was stopped for failing to properly signal a lane change. Utah Highway Patrol Trooper Horne stopped the car and asked the driver for his license, vehicle registration, and proof of insurance, and he also asked Martinez for identification. Trooper Horne conducted a records check for the driver and Martinez and learned that Martinez had an outstanding arrest warrant. After a few minutes, Trooper Horne returned to the car and arrested Martinez. Martinez admitted that he had something illegal on him, and he produced a glass pipe that later tested positive for methamphetamine. Martinez was charged with possession of a controlled substance and possession of drug paraphernalia. Martinez moved to suppress the evidence, and the…
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News Scan
Repeat Felon Nabbed For Killing Cop: A habitual criminal has been arrested for last Sunday's murder of a Missouri police officer. Dhomonique Ricks of Fox News reports that during a traffic stop at about 10:45 Sunday night, Ian McCarthy jumped out of his vehicle and shot down officer Gary Michael, 37. Roughly 100 local, county and state law enforcement officers were involved in an intense manhunt which ended with McCarthy's arrest Tuesday. At the time of the shooting, McCarthy, who has spent time in prison for first-degree assault and violating parole, was wanted in New Hampshire for leaving the state prior to sentencing on a disorderly conduct charge and in Johnson County, Missouri for unlawful possession of a firearm. The murdered officer had a wife and three children. Non-Violent Offender Charged With Murder: A Louisville, KY man charged with the Saturday, August 5th murder of 31-year-old man, had been released on…
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Friday Open Thread
I have motions due today, so no blogging until this evening. Our last open thread is full, so here's a new one, all topics welcome. Jerry Garcia died 22 years ago. #Be kind to someone to day. (h/t ChuckO in Taylor Swift Thread). ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Doctors in Texas Alert: Feds Are Targeting Health Care Fraud Arrests
Health Care Fraud Arrests of Doctors in Texas The government’s position is that “health care fraud” can involve all sorts of nefarious activity by medical professionals. There’s lots of precedent involving federal investigations and arrests based upon overbilling of the federal insurance programs Medicare and Medicaid, for instance. See, e.g., our discussion in “Arresting Texas Doctors for Health Care Fraud: What You Need to Know.” However, “health care fraud” prosecutions can also involve prescription drugs – specifically pain medications that are addictive. Like the opioids that made the news this week with the Trump Administration’s announcements. White House Opioid Panel Wants State of Emergency Declared A commission established by President Trump has been working hard in its study of the misuse of opioid medications in this country. It’s called the…
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Francisco Cohello y un negocio muy lucrativo
No sólo de carniceros vive la "democracia peruana", ruego lean este arículo, Venezuela está como el "Titanic" para este mercader de la palabra. Maduro y el mensaje de América Latina 09 de Agosto del 2017 - 07:01 Francisco Cohello} Uno de los mayores aciertos del gobierno de Pedro Pablo Kuczynski ha sido colocarse a la vanguardia de los regímenes de América Latina para condenar la satrapía inmunda de Nicolás Maduro. El 5 de marzo de 2013, Hugo Chávez murió, pero -contra todos los pronósticos- le legó a Venezuela su más grotesca imitación al pedir, meses antes, que voten por Maduro si algo le llegaba a pasar en la operación con la que sucumbió en Cuba, extinción que se creyó iba a ser el fin de la bazofia ideológica que regó con malas artes por su país y el continente, y que caló en los…
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To 404(b) or Not to 404(b)
My ten-year-old daughter asked me a few weeks ago what O.J. Simpson had done. Like the rest of America, she heard news of his parole hearing. What she couldn’t figure out is why people were so interested in when he would be released from jail. I told her about the hotel room and the sports memorabilia. And then I told her about the murders of Nicole Brown Simpson and Ron Goldman. (Don’t judge me: She has older brothers and she has watched so many episodes of Criminal Minds that the damage is already done.) I told her that a great many people thought O.J. had gotten away with murder; that’s why some thought he should stay in jail. With O.J., as with nearly everyone tried in the court of public opinion, allegations of other bad behavior shape the public’s perception of the person’s current predicament. Fortunately, our actual courts operate in a more principled manner. When a prosecutor wants to offer evidence of misconduct by a criminal…
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Cole & Dioso-Villa on The CSI Effect
Simon A. Cole and Rachel Dioso-Villa (University of California, Irvine - Department of Criminology, Law and Society and Griffith University - School of Criminology and Criminal Justice) have posted Should Judges Worry About the 'CSI Effect'? (Court Review, Vol. 47,...
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"Why are we sentencing children to life in prison without parole?"
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It's Medication Time (Yet Again)
While the Special Counsel continues to gather evidence that may ultimately doom Trump's presidency, it is becoming disturbingly clear that this may not happen soon enough. Every day seems to provide more reasons why the malevolent orange shit-gibbon is wholly unfit for office and that his ignorant, erratic behavior is not merely embarrassing, but is threatening the safety and security of the country and the world.First, there's his frighteningly fragile ego, most recently demonstrated by a report that twice a day -- once in the morning and once in the afternoon -- a special folder is delivered to Trump that contains screenshots of positive cable news chyrons, admiring tweets, and images of him looking strong and powerful. Not just once a day, twice a day. See, Donnie, you're a good boy and everyone loves you. Now turn on Fox & Friends, and everything will be ok.Then there is his refusal or…
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Is CBD Legal or Illegal in Texas?
With the passing of SB 339 in 2015, otherwise known as the “Texas Compassionate Use Act,” Texas joined more than three quarters of the states in establishing a medical marijuana program. However, many are unaware that prior to 2015, derivatives of marijuana were legal in the state. When Marijuana isn’t Marijuana Under Texas law, marijuana is defined in the Texas Health and Public Safety Code as: Continue reading
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More Pages to Explore .....
