In Texas one out of five drivers does not carry insurance. That is twenty percent of Texas drivers. This statistic may be important to you if you are involved in a car accident and must retain a personal injury attorney to recover for your damages. When you are injured in an auto, truck, or motorcycle accident you typically have a claim for damages against the driver that was negligent in the accident. The conduct of the other driver usually involves the person being negligent and is therefore a civil claim. As opposed to an intentional act which would typically be a criminal act. But what happens when the other person has no assets to pay for the damages? In the Texas civil justice system, the goal is to have a way that society can settle claims for damages by a peaceful and reasonable means. In a civil claim the goal is to put the damaged or injured party in a position where they would have been before the other party had caused the damage…
Listen to a Personal Injury Attorney and Buy Extra Insurance Coverage
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Lessons Real People Learned from Their DUIs
There’s a lesson to be learned from every experience, good or bad—even being arrested for DUI. However, we can save ourselves a lot of pain by learning, whenever possible, from others’ negative experiences. No one can better explain what happens with a DUI arrest than someone who has gone through it, so let’s take a look at a few stories of real people and their experiences with DUI, and what they learned in the process. *** “If I’m going to drink at all, just don’t plan on driving. Or don’t drink.” Continue reading
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Search Of Purse Creates Controversial Court Case
Jamie was driving down the highway with her boyfriend when a police officer stopped Jamie for speeding. It turned out Jamie did not have a driver license, and there was an active warrant for her arrest. The officer put Jamie in the back of his cruiser and placed her under arrest. Jamie’s purse was still in the car with her boyfriend, and her boyfriend owned the car. The officer decided to retrieve Jamie’s purse from the car and search it. The officer found drugs and drug paraphernalia in the purse, and Jamie was charged with crimes for possessing those items. In this case, State v. Banks-Harvey, the Ohio Supreme Court had to decide whether the officer’s search of Jamie’s purse violated Jamie’s right against unreasonable searches and seizures. Both the federal Constitution and the Ohio Constitution protect us from unreasonable searches and seizures. A search conducted without a search warrant, like this one, is presumed to be unreasonable, unless…
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Honoring those who put their lives on the line every day
We've all heard the statement dozens of times or more: "Police officers put their lives on the line every day." And it's true, in the same sense that construction workers or taxi drivers or bartenders put their lives on the line every day, all of whom perish on the job at roughly similar rates as police officers.But when it comes to local government employees at seriously high risk, the New York Times has a feature this weekend which highlights a larger source of municipal employee deaths: Sanitation workers, who tend to die on the job at more than double the rate of police officers.Grits mentions the story to offer a mea culpa: Several years ago I'd made the observation that, "The people picking up your trash put their lives on the line every day and are more likely not to make it home at night than their brethren in blue. But one suspects we won't any time soon see a New York Times headline memorializing their sacrifice."It took nearly…
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E.D.N.C.: The parole search here violated the state parole search authorization and is suppressed
Defendant was subject to a state parole search condition that required reasonable suspicion and is also governed by Griffin’s special needs exception. “the language in a parole search condition is an important factor to consider when assessing the reasonableness of … Continue reading →
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Fatality Crash Huetter Road and Seltice Way
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: 02/11/2018 06:27 AM Please direct questions to the District Office On February 11, 2018 at 12:34 am, the Idaho State Police investigated a one vehicle fatality crash at 3786 North Huetter Road, just north of Seltice Way, in Kootenai County. A Deputy with the Kootenai County Sheriff's Office attempted to stop a grey 2005 Ford Crown Victoria, driven by Patrick J. Calligan, 20 years old of Coeur d'Alene, Idaho, who was driving in a reckless manner on Huetter Road. Calligan was southbound on Huetter Road when he lost control and crashed just north of Seltice Way. Calligan was not wearing his seatbelt at the time of the crash and was ejected from the…
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C.D.Cal.: Strong air freshener isn’t RS to extend a stop
“The Domestic Highway Enforcement Team of the Los Angeles Sheriff’s Department is a special criminal investigation team employed to patrol Los Angeles County highways in search of criminal activity carried on in vehicles traveling on those highways. The team’s purpose … Continue reading →
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E.D.N.Y.: The exclusionary doesn’t apply at sentencing
The exclusionary doesn’t apply at sentencing. United States v. Carrillo, 2018 U.S. Dist. LEXIS 21731 (E.D. N.Y. Feb. 9, 2018): Second, even if the search had been illegal, I still would have considered its results at sentencing. Here, once again, … Continue reading →
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A Misquote on BBC News
Reporters often wrongly paraphrase what I say and sometimes quote out of context, but it's rare that the words inside the quote marks are wrong. One of those rare misquotes appears on BBC News today, with essential words left out:"Anyone who says the death penalty has no deterrent effect either doesn't know what they are talking about or are lying," says Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, which has supported death penalty cases throughout the country. "The debate over studies supporting its deterrent effect is whether they have sufficiently shown it."What I actually said was "Anyone who says it has been definitively proved that the death penalty has no deterrent effect either doesn't know what they are talking about or are lying."Big difference. Many people believe the death penalty does not deter. On the present inconclusive state of the evidence, they are entitled to…
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D.Idaho: Movant failed to show govt had “callous regard” of rights for early return of property seized
The DEA seized unapproved pain relief products by a search warrant, and the company from which it was seized moved for return of the property. The court finds company hasn’t satisfied the requirements for equitable jurisdiction for return of property … Continue reading →
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. The 'New' District Court Activism in Criminal Justice Reform Jessica Roth Yeshiva University - Benjamin N. Cardozo School of Law Date Posted: 17 Jan 2018 96 2. Backdoor Man: A...
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Boston Drunk Driving Car Accidents Involving Multiple Vehicles
Most car accidents involve only two vehicles. In the case of a serious Boston drunk driving case however, there may be multiple vehicles involved. This can complicate matters as the total loss in terms of both property damage and personal injury can far exceed the policy limits on the alleged drunk driver’s auto liability policy. While insurance companies will make some exceptions, especially when factoring in costs of litigation, they are not likely to pay damages well in excess of the policy limits. In these cases, plaintiff who has been seriously injured will have to explore other avenues of recovery to increase the chances of a full and appropriate financial compensation. A Recent Drunk Driving Car Crash Involving Multiple Vehicles According to a recent news article from CBS Boston Local, a 25-year-old defendant has been alleged to have merged onto the Mass Pike at far too high a rate of speed while his driving his 2008 BMW. As he attempted to merge…
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People v Ayala
NY Slip Op. 07041 This is an appeal from a judgment entered on 11-20-14 against the defendant. The defendant was found guilty of criminal possession of a controlled substance in the 3d degree and possession of drug paraphernalia in the 2nd degree. Pursuant to PL section 220.50 [1]- [3], the defendant argues that there was no direct evidence of constructive possession and therefore he should never have been convicted. The trial court erred in failing to provide a circumstantial evidence instruction to the jury. This court agrees. The judgment against the defendant is reversed and a new trial is granted. Police officers executed a search warrant at the residence of the defendant’s girlfriend. The girlfriend leased this apartment in her name. When the police searched the premises, they found baggies of cocaine throughout the apartment, as well as paraphernalia in the form of scales, sandwich baggies and dillutant. The defendant’s name was on mail left at the apartment,…
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Do You Have to Wear a Bicycle Helmet in Georgia?
Georgia personal injury lawyers are sometimes asked if it’s the law to wear a bicycle helmet in the state. The answer is no unless you are under 16. However, there are sound personal safety reasons to wear one Georgia bicycle statues require riders who are under 16 to wear an ANSI compliant cycling helmet. The ANSI is the American National Standards Institute. It sets standards for a wide range of equipment. If you are over 16, it’s not mandatory to wear a bicycle helmet in Georgia. Do You Have to Wear a Bicycle Helmet in Georgia Although teens and children under 16 are required to wear a cycling helmet, there is no framework for criminal enforcement. No fines or other criminal sanction is available for people under 16 for this infraction, although it’s possible that a parent could be charged with a misdemeanor for failing to equip a child with a bicycle helmet. The law in Georgia related to cycling helmets is in contrast with that for motorcycle helmets which…
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Die Marke „Swiss Military“ für Uhren darf nur von der Schweizerischen Eidgenossenschaft benutzt werden – Urteil des Bundesverwaltungsgerichts vom 22. Januar 2018 (B-850/2016)
Die Beschwerdegegnerin, Uhrenherstellerin Montres Charmex SA, liess 1995 die Marke „Swiss Military“ für Uhren schweizerischer Herkunft eintragen. 2013 wurde die gleichlautende Marke ebenfalls für Uhren schweizerischer Herkunft zugunsten der Schweizerischen Eidgenossenschaft eingetragen. Der daraufhin erhobene Widerspruch der Beschwerdegegnerin wurde vom Institut für geistiges Eigentum (IGE) stattgegeben, worauf die Beschwerdeführerin, die Schweizerische Eidgenossenschaft vertreten durch armasuisse, ans Bundesverwaltungsgericht gelangte.Wird Widerspruch gegen eine Markeneintragung erhoben, so gelangt grundsätzlich das Markenschutzgesetz (MSchG) zur Anwendung. Im Vorliegenden Fall sind sowohl die beiden strittigen Zeichen als auch die beanspruchten Waren identisch. Der Widerspruch stützt sich demnach auf Art. 3 Abs. 1 lit. a MSchG.Das Bundesverwaltungsgericht prüfte zuerst die Frage, ob auch bei zwei identischen Zeichen für…
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Marin Driver Arrested for DUI With 4 Year Old In The Car
On Friday, January 26, 2018, Marin County sheriff’s deputies and officers from the California Highway Patrol arrested a driver after he was seen driving erratically at speeds in excess of 80 mph in Mill Valley. The male driver had a 4-year-old passenger in his car when he was arrested for allegedly driving under the influence. Marin County drivers arrested for drunk driving will face possible jail time, thousands of dollars in fines, fees, mandatory DUI classes, and additional expenses that can sometimes exceed $10,000. If you are arrested for drunk driving, in Mill Valley, Kentfield, San Rafael, Sausalito, or anywhere in Marin County call an experienced aggressive traffic ticket and DUI defense attorney for help. Continue reading The post Marin Driver Arrested for DUI With 4 Year Old In The Car appeared first on Marin DUI Lawyer Blog.
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California judge rejects state efforts to limit reach of new parole eligibility rules approved by voters via Proposition 57
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Prop. 57 and Those "Nonviolent Offenders"
Michele Hanisee has this post for the L.A. Association of Deputy District Attorneys:We repeatedly warned prior to the election that the ambiguities of language in Prop 57 would allow sex offenders to be released early from prison. The proponents realized the public wouldn't support that, so led by Governor Jerry Brown they responded by promising that CDCR would write regulations to make sure sex-offenders weren't released early. And so they did. CDCR wrote into their regulations that registered sex offenders were excluded from the early release provisions of Prop 57.We knew that approach would fail, because a regulation cannot expand the scope of the law that it purports to implement. Now, the completely foreseeable result of this poor drafting has occurred. This Friday, a Superior Court struck down CDCR's after-the-fact attempt to write into the regulations what was not in the underlying law. "The Court cannot insert words into…
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Physicians Performing Work Outside the U.S. Need to Be Careful of IRS and FBAR Rules: Recent Case of Beverly Hills Plastic Surgeon Who Did Procedures in Dubai and Plead Guilty to Failing to Disclose A Foreign Bank Account to the IRS
Physicians have been more likely the past 10 years to travel abroad and perform medical procedures there. Whether it's Russia, Dubai, Mexico, Canada or Korea, two issues to be aware of are reporting the existence of foreign financial accounts and reporting the earnings on a U.S. tax return. A recent case shows the perils of not following the Internal Revenue Service (IRS) and foreign bank account reporting rules carefully.The basic rule on foreign bank accounts is that United States citizens who have an interest in or authority over a financial account in a foreign country with assets over $10,000 are required to disclose and report the foreign financial account to the United States Department of Treasury for each year the financial account exists.The case study here which all can learn from is as follows. According to the plea agreement filed in this case, Dr. Marc Edward Mani, a Beverly Hills plastic surgeon, began to travel to Dubai in 2011…
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Case o' The Week: Savor the Waiver - Laney and Defendant Confirmation of Jury Waivers
Defense counsel wants a bench trial. The AUSA wants a bench trial. The district court is fine with a bench trial. Is the defendant down with an empty jury box? The Ninth would like to know.United States v. Laney, 2018 WL 706497 (9thCir. Feb. 5, 2018), decision available here.Players: Decision by Judge Hawkins, joined by Judges W. Fletcher and Tallman. Admirable win for ND Cal CJA panel stalwarts Scott Sugarman, Sugarman & Cannon, S.F., and for Robert Beles, Beles & Beles, Oakland. Facts: Laney and his co-defendant, Federico, were managers in construction companies. Id. at *1. In a complicated scheme, they were accused of colluding to inflate costs, then pocketing payments for fictitious work. Id. at *2. They were charged with mail fraud. Id. Trial counsel (different attorneys than appellate counsel) submitted stipulations for a bench trial, with counsel’s e-signature. The stips had no signatures from the…
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