If you are arrested for a DUI in Pennsylvania, it can feel like “case closed” as you begin to ponder the consequences of a DUI conviction: jail time, criminal fines, skyrocketing insurance rates, license suspension, and a criminal record that can be accessed by employers and other interested parties for years to come. But an arrest for DUI – while serious – is not the end of the story. Prosecutors must still win conviction, and they must do so by proving all elements of a DUI charge beyond a reasonable doubt. With the assistance of experienced criminal defense counsel in Pennsylvania, you can pursue a variety of defenses to your DUI charges. What Prosecutors Must Prove in a DUI Charge in PA To win their case, prosecutors must show that you were: 1) in actual physical control of a moving vehicle; 2) that was positioned in a highway or trafficway; 3) while you were impaired with .08% or higher blood alcohol level (BAC) OR alcohol made you “incapable…
What are the Defenses to a DUI in Pennsylvania?
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"Follow the Money"
Philip Ewing, NPR, Subpoena For Deutsche Bank May Put Mueller On Collision Course With Trump Arno Schuetze, Nathan Layne, Reuters, Deutsche Bank gets subpoena from Mueller on Trump accounts: source Russ Choma & Andy Kroll, Mother Jones, Robert Mueller Just...
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The Holidays: A Good Reminder of the Need for Fire Safety
More than likely, you’ve seen the reminders. Whenever clocks go ahead or behind, it’s time to check your batteries in your smoke alarm. Meanwhile, there should be a further caveat. Use the holidays as a good reminder for fire safety. The National Fire Protection Association (NFPA) provides some very interesting information on winter holiday fires. Unfortunately, Christmas trees are often the root of fires that occur during December and January. In fact, over a five year time period, an annual average of 200 homes became engulfed in flames due to problems associated with the Christmas tree. In some cases, it was that a fresh-cut tree was too dry. Additionally, many traditional trees produce a lot of sap and are highly flammable. For example, pine trees are particularly susceptible to ignition. Unfortunately, this could mean a highly engaged fire that destroys property and possibly takes lives. Holiday Fires Can Be Prevented Without a doubt, there are some steps that…
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Out in Full Force During Thanksgiving, MN State Patrol Makes 490 DWI Arrests
This year’s Thanksgiving holiday in Minnesota was certainly no time for law enforcement to rest, as they nabbed 490 Minnesotans on the suspicion of driving drunk. The Minnesota State Patrol revealed the number in a social media post. According to the state, typical Wednesdays average around 47 DWI arrests. However, on this year’s Wednesday preceding Thanksgiving, that number increased to 137. The Wednesday before Thanksgiving has notoriously been dubbed “Blackout Wednesday,” a day that every year sees increased drinking and driving across the nation. According to the National Highway Traffic Safety Administration, over 800 people have died in Thanksgiving holiday DWI-related crashes in the last five years. The NHTSA also says one out of every three fatalities occurring during the holiday involves drunk driving. In a report appearing on FOX9, Minneapolis Police Sgt Catherine Michal begged people to make good choices. “We can do it. Each…
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Tuesday Open Thread
I'm running around for work and not online today, here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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What Is “Probable Cause?” Criminal Defense Attorney Perspective
When someone is arrested, charged with a crime, or even stopped on the side of the road at a traffic stop, “probable cause” is an important factor. Probable cause refers to the need for law enforcement authorities to have a reason to take action against an individual, whether that’s making a traffic stop, conducting a search, obtaining a warrant from the court, seizing property, or making an arrest. The requirement for probable cause stems from the Fourth Amendment to the U.S. Constitution, which says that the government — which includes police officers, who act as agents of the government — can’t storm into your house or stop you on the street and search you or seize your property without a reason. The exact wording states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported…
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Did the Paradise Papers and Panama Papers Play a Role in the GOP Tax Plan?
Congress is poised to deliver on tax reform this year. As part of the package, both houses are seeking to encourage the repatriation of trillions of dollars that corporations and wealthy individuals have been stockpiling offshore. For decades, corporations and wealthy individuals have been able to avoid taxes legally by transferring assets to tax-friendly jurisdictions like Bermuda, the Cayman Islands, and Panama. Only when the assets are transferred to the U.S. are they taxed at current rates. In hopes of getting that offshore capital back home, the House and Senate have approved legislation that lowers the rates on corporate profits and repatriated cash. It is common knowledge that the wealthy take advantage of these tax avoidance schemes. What has been less clear is how the schemes are employed and by whom. The Paradise Papers and Panama Papers leaked in 2017 and 2016, respectively, bring some of those secrets to light. Paradise Papers In November 2017, media outlets…
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Owusu-Bempah on Hate Crime
Abenaa Owusu-Bempah (London School of Economics - Law Department) has posted Hate Crime and the Legal Process: Options for Law Reform on SSRN. Here is the abstract: Hate crime is a priority area for the Government and policymakers. Among other...
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News Scan
Wisconsin Seeks Drug Testing For Food Stamps: In a move guaranteed to spark multiple lawsuits, Wisconsin Governor Scott Walker is moving ahead with a rule change requiring able-bodied applicants for food stamps to first submit to a drug test. Scott Bauer of the Associated Press reports that the state legislature had approved the change two years ago, but it was not implemented due to a 2014 federal court ruling blocking a similar requirement in Florida. Under the Governor's plan, those who failed the drug test would be eligible for a state-funded drug rehab program. Last year, Walker and 10 other governors asked the Obama Administration to permission to drug test food stamp recipients.
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"Did Ohio hire a drug felon to score medical marijuana applications?"
The title of this post is the somewhat amusing headline of this somewhat amusing article in the Columbus Dispatch. Here are excerpts: A company that failed to win a state license to cultivate medical marijuana is criticizing the state for apparently hiring a man with a felony drug conviction to...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/lgHZIWANJUc" height="1" width="1" alt=""/>
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News release - Idaho State Police detective / Special Olympics Logistics Team Leader to Carry Flame of Hope at 2018 Special Olympics USA Games
Idaho State Police, Logistics Team Leader to Carry Flame of Hope at 2018 Special Olympics USA Games Idaho State Police Honored with Spot on 2018 Special Olympics USA Games Law Enforcement Torch Run Final Leg Team Coeur d'Alene, Idaho - December 5, 2017 - Before competition begins at the 2018 Special Olympics USA Games in Seattle next July, an elite group of individuals will serve as the "Guardians of the Flame" and escort the Special Olympics Flame of Hope on a journey across Washington state. Idaho State Police Detective Michelle Brostmeyer of Coeur d'Alene is among those who will make up the prestigious "Final Leg" team for the Law Enforcement Torch Run (LETR) at the 2018 Special Olympics USA Games. Since the first Special Olympics USA Games in 2006, members of law enforcement and Special Olympics athletes from across the United States have carried the Flame of Hope in the LETR Final Leg to usher the start of the national competition. From June…
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DWI Ignition Interlock Can Be As Dangerous As Drunk Driving
If you have been convicted of DWI, you probably have an ignition interlock device installed in your vehicle. The device was probably ordered by one of the Montgomery, Harris, or Walker County Judges. Over the last few years these devices have become very popular. To make it work, you must push a button on the unit. Then when it says “blow,” you blow into the device. Viola, your vehicle will now start. Sounds like a great idea, right? Well, maybe not. Driving your vehicle with the device installed requires what is called a “rolling test.” Yep, to keep your car going you have to blow into the machine while driving. Hey, wait…isn’t that distracted driving? You bet. So, what could go wrong? Last week an eighteen-year-old woman was killed by a person that had been ordered by a court to have an ignition interlock device installed in his vehicle after his DWI conviction. The young lady was backing out of her driveway and was subsequently struck by…
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**Updated with contact information** News release - Idaho State Police detective / Special Olympics Logistics Team Leader to Carry Flame of Hope at 2018 Special Olympics USA Games
**Updated with contact information** News release - Idaho State Police detective / Special Olympics Logistics Team Leader to Carry Flame of Hope at 2018 Special Olympics USA Games Reporters: Please refer inquiries to Captain John Kempf, District Commander | Idaho State Police District 1 Coeur d'Alene (208)209-8620 John.Kempf@isp.idaho.gov Idaho State Police Honored with Spot on 2018 Special Olympics USA Games Law Enforcement Torch Run Final Leg Team Coeur d'Alene, Idaho - December 5, 2017 - Before competition begins at the 2018 Special Olympics USA Games in Seattle next July, an elite group of individuals will serve as the "Guardians of the Flame" and escort the Special Olympics Flame of Hope on a journey across Washington state. Idaho State Police Detective Michelle Brostmeyer of Coeur d'Alene is among those who will make up the prestigious "Final Leg" team for the Law Enforcement Torch Run (LETR) at the 2018 Special Olympics USA Games.…
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Largest Recall in U.S. History Progressing Slowly
In what the NHTSA has called "the largest and most complex safety recall in U.S. history," approximately 46 million vehicles equipped with Takata airbags have been recalled. The airbags were found to have chemical defects that can cause them to explode and spray metal shrapnel onto passengers. The propellant in the air bags was found to break down when exposed to high temperatures and humidity. This causes the propellant to burn too quickly and results in increased pressure in the inflator, which can cause the inflator to explode. Dangerous Products The faulty airbags have injured nearly 200 people and killed 19. Takata airbags are in cars made by 19 different manufacturers. Some automakers, such as Tesla, Honda and Subaru, have been vigilant about getting news of the recall out to the public. They have contacted consumers by putting ads on social media and sending representatives door-to-door. Unfortunately, other automakers are not being as aggressive with…
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Lots of juicy SCOTUS relists for sentencing fans
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Detained for Shoplifting? Know Your Legal Rights in Illinois
Did you know that when a security guard at a mall in Illinois detains someone who is suspected of shoplifting, the guard is actually making a citizen’s arrest? In other words, he or she is acting as a private citizen and is therefore bound by our state’s private person arrest statute just like anyone else who makes a citizen’s arrest. Citizen’s Arrests: The Basics In Illinois, our private person arrest statute is codified in code section 725 ILCS 5/107-3 and states, “Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed.” Therefore, a store’s security guard (or any other person for that matter) is legally within his or her rights under Illinois law to arrest you if he or she reasonably believe that you are shoplifting. In order for his or her suspicion to be reasonable, he or she generally must have seen you…
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Will you help us fight for justice in 2018?
We Need You in the Fight As a member of the Innocence Project’s community, you know that we do more than fight to overturn wrongful convictions. We also work to improve the system by advocating for policies that prevent and reveal wrongful convictions, and help the exonerated rebuild their lives. Among the reforms we focus on are: Preventing wrongful convictions through best practices including eyewitness identification reform, recording interrogations, jailhouse informant regulations and prosecutor disclosure of key evidence for defendants. Revealing wrongful convictions by improving access to DNA testing and access to courts for pursuing claims of innocence, and in particular, enabling the wrongfully convicted to go back into court when convictions involved the misapplication of forensic science. Helping the wrongfully convicted by enacting laws to compensate the innocent for the years they were unjustly imprisoned. A human system will never be perfect, but it…
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When can Border Patrol Pull You Over?
In the current political environment, it is no surprise that immigrants seem to be targeted more and more, and the border patrol is out in full force. Just a few months ago, a couple was detained by U.S. Border Patrol after a routine traffic stop. People usually think that Border Patrol can only be found in areas closest to the U.S.-Mexico border, but that is actually only a fraction of their enforcement efforts. What is Border Patrol Jurisdiction? Border Patrol agents are sworn federal agents capable of enforcing the law in all 50 states and all U.S. territories. Generally, agents can operate within 100 miles from each international border. This pretty much covers the entirety of San Diego County. Under certain conditions, they can also go beyond that distance. They are allowed to make arrests or question anyone potentially violating immigration law, but they do not issue things like speeding tickets. However, traffic violations such as a broken taillight or…
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Court enforces plea waiver of future retroactive sentencing reductions
Regular readers of this blog will know that the Sixth Circuit has a history of broadly construing appeal waivers in plea agreements. Consider our posts on United States v. Griffin, United States v. Keller, and United States v. Luebbert.This week's published decision in United States v. Clardy is in the same vein as those decisions but with a twist -- rather than challenging his appeal waiver, the defendant challenged the waiver of his right to take advantage of a sentencing reduction under 18 U.S.C. § 3582(c)(2).Unfortunately for Clardy, his plea agreement explicitly referred to § 3582(c), stating that he "knowingly waives the right to challenge the sentence imposed in any collateral attack, including, but not limited to, a motion brought pursuant to 28 U.S.C. § 2255 and/or § 2241, and/or 18 U.S.C. § 3582(c)."Clardy argued that this waiver was ambiguous for three…
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RECENT COURT OF APPEALS DECISION: REVERSAL OF ASSAULT CHARGE
The DC Court of Appeals on November 9, 2017 in Elaine Jones v. U.S. reversed the defendant’s conviction for simple assault and possession of prohibited weapon. Elaine Jones was charged with simple assault and possession of prohibited weapon a cigarette lighter as she had attempted to ward off another homeless person from her personal space designated by cardboard boxes. She has set a section of her cardboard box taken over by the intruder on fire momentarily to scare off her adjacent homeless neighbor intruding on her and not respecting her personal space. At issue here was employing reasonable amount of force to protect one’s property and to ward off an intruder. The trial court in convicting the defendant ruled that by setting fire to a flammable cardboard box near her neighbor, she used intentionally her cigarette lighter as a dangerous weapon and threatened her neighbor with serious bodily injury. That a cigarette lighter used in this fashion is tantamount to a…
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