Backover accidents generally occur in driveways and in parking lots. They involve situations in which a driver reverses to pull out of a parking space, and then hits someone walking or standing behind the vehicle. These accidents can result in serious and life threatening personal injuries. Anyone can be a victim, but children are among those most at risk. Many vehicles now feature video monitors which show activity behind your car through a dashboard display. While these systems can help to prevent injuries, they are not foolproof, and therefore make it important for all drivers to be aware of the dangers. Backover Accidents and Video Monitoring Systems Rear facing, collision avoidance video monitoring systems show other cars or pedestrians behind your vehicle. If your car is not equipped with one of these devices, you can buy one and install it yourself. Consumer Reports (CR) claims that these ‘add ons’ are often just as effective as those…
Car Video Monitoring Systems Are Not Foolproof in Preventing Backover Accidents
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Can an assistant public defender in California make nearly $300,000 per year?
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SJC rules lay opinion not permitted in OUI marijuana trial and FSTs admissible with cautionary jury instruction
The Massachusetts Supreme Court ruled today in Commonwealth v. Thomas Gerhardt that field sobriety tests are admissible for an OUI marijuana, but cautioned that jurors cannot rely on these tests in and of themselves to find someone guilty or impaired by marijuana. The model jury instruction drafted in the opinion addresses the concerns that jurors will assume FST are accurate for marijuana as for alcohol. The SJC expressly tells jurors that there is no correlation between performance on field sobriety tests and impairment by marijuana. Additionally, the SJC found that officers cannot testify as to their lay opinion regarding impairment by marijuana as the scientific community has not developed any consenusus on the signs showing impairment by marijuana. In an article from Chris Villani of the Boston Herald, the SJC was described as splitting the difference. While that is a fair assessment of the decision, I think the cautionary jury instruction will greatly…
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When Is A DUI A Felony in Illinois?
Most DUI’s in Illinois are a misdemeanor. If you are operating a motor vehicle on the public roads with a blood alcohol level of .08 or above, you could be charged with a DUI. The maximum criminal punishment for a Class A misdemeanor in Illinois is up to one year in jail and a fine up to $2,500.00. But there are situations where you could be charged with a felony. This is known as Aggravated Driving Under the Influence, or Aggravated DUI. This article discusses how you can be charged with an Aggravated DUI. Special rules apply to people who have previously been convicted of a DUI. If you are convicted of a 3rd or subsequent DUI, you could be charged with a Class 2 felony. Generally, you could be facing a penalty of between 3 to 7 years in prison, probation up to 48 months, along with fines, fees and drug treatment. If your blood alcohol level was .16 or above, you will be facing a mandatory 90 day jail sentence. A fourth…
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Two Harassment Prevention Orders Dismissed
MW and her husband SW own a condominium unit in Ipswich. Their unit is one of eight units in this small complex. MW served as president of the condominium association. One of the owners in the association, KN, was very difficult. She paid her condo fees late; she abused her parking privileges; and she committed other violations of the rules and regulations of the condominium association. As president of the condominium association it was MW’s job to enforce the rules. MW sent KN a series of emails and called her as well to get her to comply. On August 30, 2017 KN went to Ipswich District Court (now in Newburyport) and applied for an Harassment Protection Order against MW and her husband SW. The Court sent out a Notice to MW and SW that there would be a hearing on September 15, 2017 at which hearing the Judge would decide whether or not to issue an order against either or both MW and SW. MW and SW met with and retained Attorney Robert Lewin from North Andover. After…
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Ramseyer & Rasmusen on Outcaste Politics and Organized Crime in Japan
J. Mark Ramseyer and Eric Bennett Rasmusen (Harvard Law School and Indiana University - Kelley School of Business - Department of Business Economics & Public Policy) have posted Outcaste Politics and Organized Crime in Japan: The Effect of Terminating Ethnic...
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What Are the Penalties for Marijuana DUI in California?
Last November, Californians voted in favor of Proposition 64, resulting in the legalization of marijuana for recreational purposes by adults. Though the passage of Prop 64 has significantly relaxed California’s marijuana laws by legalizing the possession of up to one ounce (28.5 grams), certain acts involving marijuana are still considered to be criminal offenses. One example is driving under the influence of marijuana, which is also referred to as driving while high, driving while stoned, or simply marijuana DUI: an offense that can lead to tough criminal penalties. If you were charged with driving while intoxicated by marijuana in the Santa Barbara area, contact our Santa Barbara marijuana DUI lawyers today for legal help. California Marijuana Possession Laws Even though it is legal for adults to buy and possess alcohol, it is illegal for adults (or, for that matter, juveniles) to drive while they are drinking or under the influence of alcohol. The same is true of…
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Aggravated Assault and Kicking a Victim Down Steps in Massachusetts
In a recent Massachusetts aggravated assault case, the defendant was convicted of assault and battery by a dangerous weapon, assault and battery, and threatening. The case arose from the defendant allegedly kicking the victim multiple times with a closed-toe shoe while the victim was trying to go down a flight of stairs to get away from her. The kicks were such that the victim needed help from her boyfriend to avoid falling down. Among other things, the defendant claimed that “dangerous weapon” as described in M.G. L. c. 265, § 15A(b) was unconstitutionally vague. A law is considered unconstitutionally vague if people with ordinary intelligence have to guess at what it means. When a law has been clarified by a court’s explanation, it withstands such a challenge. “Dangerous weapon” has a meaning that’s regularly applied, and dangerous weapons include objects designed and constructed to cause death or catastrophic injuries, as well as…
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News Scan
Sanctuary State Bill Awaits Brown's Signature: SB54, the "sanctuary state" bill introduced by Senate President Pro Tempore Kevin De Leon has passed both houses of the California Legislature on a straight party line vote and is on Governor Jerry Brown's desk awaiting signature. Jazmine Ulloa of the Los Angeles Times reports that the bill was drastically scaled back in order to assure the Governor's support. The original bill would have prohibited state law enforcement from using any resources to cooperate with federal law enforcement regarding illegals in state custody unless they had violent or serious criminal convictions. The amendments allow federal agents access to jails to question illegals and permits state law enforcement to share information and transfer arrestees to federal law enforcement if they have been convicted of one of 800 crimes. While the state Police Chiefs Association changed its position to neutral…
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Don’t Give a Recorded Statement to the Insurance Company
Why You Don’t Want to Give a Recorded Statement to the Insurance Company After an Accident After an accident, you will more likely than not receive a call from the other driver’s insurance company. They want to record your statement as to how the accident happened and your injuries. The insurance companies do not want to pay for the injuries their insured caused. The insurance industry make billions of dollars a year. If they can place blame on you or diminish your injuries, they won’t have to pay for the accident or pay less than you are owed. Q: Should I talk to the other driver’s insurance company adjuster? A: No, don’t speak with their insurance company until you speak with injury attorney Randolph Rice. You can call him at 410.288.2900 to discuss your accident in Maryland. Talk to our personal injury lawyers today to determine if you should give a recorded statement to the insurance company. Recorded Statements Can Hurt Your Claim…
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Don, Jr. Preportedly Wants to End Secret Service Protection
The Washington Post reports Donald Trump, Jr reportedly wants to give up his secret protection service -- he wants more privacy. It's unclear whether he is also asking that protection be ended for his wife and five children. Why the children? ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Donald Trump and the Temple of Doom
Donald Trump's speech at the U.N. Authority and authoritarian powers seek to collapse the values, the systems, and alliances that prevented conflict and tilted the world toward freedom since World War II. International criminal networks... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Hurricane Maria Devastates the Dominican Republic
Hurricane Maria hit the Dominican Republic causing widespread devastation. The Caribbean island nation of Dominica sustained “mind boggling” damage from Hurricane Maria, its prime minister said Tuesday, after the storm hit with maximum... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Nebbia Holds: Part 1 of 3
What Is A Nebbia Hold In Florida? A Nebbia Hold or a Nebbia requirement are bail source hearing as it is often called is the ability for the court to inquire the source of the bail money. It oftentimes happens in drug trafficking cases where the accusation is for a large quantity of drugs with a large quantity of payment. The rationale behind it is that the court feels that if you have a lot of money and it is easy to bond out that you will not come back for your court appearance. So the state attorney’s office often places a Nebbia Hold on the client and the client cannot bond out until a Nebbia Hearing has been scheduled. At that Nebbia Hearing, it is up to the defendant to prove to the judge that a source of the bail money is from a legitimate source. The term Nebbia came from a court case, it is called U.S. vs. Nebbia and it is cited at (357 F.3d 303, it is at 2nd Circuit 1966). Essentially it involved several kilos of heroin and the judge ruled that because…
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Massachusetts top court addresses challenging issues surrounding marijuana and proof of impaired driving
The Massachusetts Supreme Judicial Court this morning issued a unanimous opinion in Commonwealth v. Gerhardt, No. SJC-11967 (Mass. Sept. 19, 2017) (available here), which addresses matters of proof of marijuana-impaired driving. This Boston Herald account of the ruling provides a punny summary in its headline: "SJC spliffs the difference in...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Th-qbWuSjJ8" height="1" width="1" alt=""/>
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What to Do and Not to Do When Firing an Employee in California
Firing an employee is never a pleasant thing to do. Nonetheless, it is sometimes a necessary part of conducting business. When letting an employee go in California, there are a number of important legal considerations that employers should take into account in order to help deter the employee from turning around and filing a wrongful termination lawsuit in the future. While a local employment lawyer can answer any case specific legal questions that you might have, some helpful dos and don’ts for California employers faced with the prospect of firing an employee are listed below. What You Should Do When firing an employee be sure to: Warn the Employee Before You Fire Him or Her: It is good practice to warn an employee before you fire him or her, unless the employee commits an egregious act that justifies immediate termination. Most employees are let go for poor job performance. Therefore, when you notice an employee slipping, be sure to provide the employee with…
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Title IX: Fair Campus, Foul Weather
Or, maybe not. With Education Secretary Betsey Devos much in the news over possible changes to the Dear Colleague letter promulgated by the DOE’s Office of Civil Rights, this note by me and my Lightfoot colleagues Brandon Essig and Clint Speegle in University Business is timely: High-profile lawsuits, OCR investigations and new congressional legislative interest have all conspired to mean that colleges and universities ignore the Dear Colleague situation to their peril. Unlike the disciplinary process for a cheating scandal, the resolution of a sexual assault case is a classic “parallel-proceedings” scenario. At any moment there may be an administrative proceeding (by the university), as well as a criminal investigation (by external law enforcement) and potential civil lawsuits by either the accuser or the respondent. In the university disciplinary context, parallel proceedings raise at least two often troubling—and sometimes…
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"Advancing Justice: An Agenda for Human Dignity & Public Safety"
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The Hill: iPhone’s facial recognition could lead to real life ‘Minority Report’
The Hill: iPhone’s facial recognition could lead to real life ‘Minority Report’ by Kimberly Wehle: The iPhone X moves us closer to a world in which, by simply walking outside or picking up a personal iPhone, we will be monitored … Continue reading →
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Use of hotel Wi-Fi by hackers to spy on guests
Your hotel might offer complimentary Wi-Fi. However, you are under no obligation to use it. Hackers may be attempting to imperil your computer, particularly if you are considered a high-profile target who is staying at luxury hotels throughout the world. According to a report by ZDNet, the DarkHotel hacking group is back, after having been active for more than 10 years. It engages in cybercrime that uses malware attacks to target business travelers. Cyber security experts believe that the hackers gain remote access to, and take advantage of, weaknesses in server software or gain entry to the hotel, and access its computers. Those responsible for the cybercrime have continued to change their tactics, combining phishing and social engineering, in an effort to spy on personnel, CEOs and other officials in high positions. The DarkHotel perpetrators are now using a new kind of malware called Inexsmar. As with other forms of undercover operations, Inexsmar starts with phishing…
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