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Lung Condition Causes Woman to Fail Breathalyzer

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According to the American Lung Association, Chronic Obstructive Pulmonary Disease, commonly referred to as COPD, which includes chronic bronchitis and emphysema, is a chronic lung disease that makes it difficult to breathe. And according to the World Health Organization, COPD affects 65 million people worldwide. COPD, however, affected one Canadian woman in an unexpected way; it caused her to fail a breathalyzer. Connie McLean, a 64-year-old woman from New Brunswick, Canada, who suffers from COPD, said that the condition can make everyday living difficult. “When I’m carrying in wood, I can only carry in a couple sticks at a time and I usually have to stop and get some air before I go and get some more,” she said last week. “And shoveling is even worse.” Early last month, McLean was pulled over by local law enforcement. The officer asked her if she had been drinking. McLean responded that she had a beer that afternoon. At that point, the officer…

What to Do If You’ve Been Accused of Child Molestation

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If you’ve been accused of child molestation, you may have no idea what to do next. It’s important to immediately seek legal help and start building a strong defense. At The Law Office of Howard A. Snader, we know that false accusations can destroy your life. When you work with us, we will immediately start defending your reputation and protecting your rights. Call us today at 602-833-1651 to speak to a child molestation attorney and gain a strong advocate on your side. Why False Accusations of Child Molestation Occur False accusations of child molestation can arise in many different ways. They are common in divorce and child custody cases. Ex-spouses or partners may try to gain a leg up in a family law case by making a false allegation against you. Courts are familiar with these types of situations, but it’s important to protect yourself. Allegations of child molestation may impact child custody, child visitation, spousal support, divorce, and more. Other…

Dade City Man Charged with Child Pornography Possession After Authorities Find 274 Computer Files

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A 34-year-old man was arrested Tuesday after investigators said they found dozens of images depicting child pornography on his computer. The man was arrested by the Florida Department of Law Enforcement on charges of child pornography possession and promoting child sexual performance. Investigators claim they found 274 files in a “download” folder on the man’s computer. Most of the files had titles suggesting they depicted child pornography, the report said. Investigators said they then opened 22 of the files and confirmed that. The man apparently told investigators he had been downloading child pornography files since he was 17, according to an arrest report. He denied abusing any young children. His arrest was part of a FDLE investigation to identify people using peer-to-peer internet software to distribute child pornography. Investigators detected a computer address that came from the man residence. He was booked into the Pasco County jail, where he was…

Uber and Autonomous Cars – Who’s Liable When They Cause An Accident?

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On March 18, 2018, Elaine Herzberg was struck by a car while walking across the street in Tempe, Arizona. This car turned out to be an autonomous, or self-driving, Uber. Uber, an application that connects drivers and riders, had recently began to use self-driving vehicles to replace human drivers. Uber released the news that they would begin to use autonomous cars in February 2015. In December 2016, Uber began testing their autonomous cars in Tempe, Arizona. In March 2017, Uber suspended its autonomous fleet in order to investigate the crash involving Herzberg. Two videos were released by police of the accident In sum, the autonomous Uber, a Volvo SUV, failed to slow down and stop when Herzberg entered its path and crossed the road with her bike. One video, taken from the outside of the car, showed a dark and relatively empty street. This video then shows the Uber colliding with Herzberg who walked directly in the car’s path. The second video, taken from the…

"Cast into Doubt: Free Will and the Justification for Punishment"

Rules to Avoid Boating Accidents and Stay Safe 

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As the summer months hit, more and more people are hitting the roadways— and the waterways. In turn, boating accidents and injuries become much more prevalent. Ultimately, accidents do happen. But, many boating accidents are easily preventable if you follow a few rules. Most of them are quite obvious, but for the sake of safety, we’ll throw them out there one more time. Rules to Avoid Boating Accidents and Stay Safe Don’t Drink and Drive Yes, I mean drive a boat. The U.S. Coast Guard has reported that Boating accidents are more fatal 34% of the time when you’re under the influence. You’re senses are dulled, and many people feel that being on the water rather than the road is less risky. However, there are still plenty of factors that can play into a crash— drinking while doing so just increases that. Pay attention to that emergency radio Every boat should have one, and it’s important not to mute it or turn it down. There are plenty of…

New Truck Driver Tips: Getting Ahead of the Curve

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If you’re new to the discipline of truck driving, you have plenty to learn as you go. Life might be different now, and getting out on the road has it’s own set of challenges. Ultimately, everything besides how to drive and your route— is pretty learn as you go. But luckily, a great set of drivers has put together a list to help. Following, you’ll find a set of new truck driver tips. From who to befriend, how to eat, and what’s so rewarding about being a truck driver. You have a lot to learn, but we hope with this— you’ll be a little ahead of the curve. New Truck Driver Tips: Getting Ahead of the Curve Make your own food, diet plans, and exercise regimen This is one of the most difficult parts about getting on the road for the first time. Many drivers don’t think about creating a regimen for themselves, but doing so can go a long way. Think about it, you’re going from a (presumably) somewhat active lifestyle, to sitting on…

News Scan

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100 CA Grow Houses Seized:  Federal agents have seized about 100 residential homes in the Sacramento area being used as illegal marijuana grow houses.  Angela Musallam of CBS Sacramento reports that agents found more than 60,000 pot plants in the homes and at least $100,000 in cash.  The homes are believed to be owned by a criminal enterprise in China which were using them grow marijuana later shipped all over the U.S., particularly to major East Cost cities.  U.S. Attorney McGregor Scott told reporters that the investigation into the grow houses is the largest of its kind in the nation.  Scott said that the Chinese cartel put up more than $6 million to buy the homes through straw purchasers.  85% of the purchases went through one realtor, who is currently under investigation.  No charges have yet been filed.  London Has More Murders Than New York:  For the first time in modern history the month to month murder tally in London has…

Fondacaro on The Voluntary Act Requirement

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Mark Robert Fondacaro (John Jay College - CUNY Graduate Center) has posted Rethinking the Voluntary Act Requirement: Implications from Neuroscience and Behavioral Science Research (Behavioral Sciences & the Law, Forthcoming) on SSRN. Here is the abstract: Criminal responsibility in the...

AJEDREZ - ¿Cólo le va al Perú en el campo Internacional=

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Sólo si nos ponemos los pantalones el Perú mejorará, pero somos una Nación de maleducados, convenidos y cobardes, por eso nos importa más un album de pateadores de pelota que erradicar la desnutrición crónica No sueñen despiertos. Mejor nos enfocamos en el deporte y dentro de este el AJEDREZ, subrayando que muy poco han hecho por él los gobiernos que hemos tenido. En et cuadro que he copiado (sólo una parte) de la FIDE (Federación Internacional de Ajedrez) El Perú figura en el puesto 30 detrás de Cuba, Argentina, Brasil y delante de Chile, Colombia, Venezuela, México y Paraguay. En número de jugadores titulados sólo superamos a Chile y Paraguay. Por razones de ignorancia en el manejo de la pc y sus múltiples alternativas para difundir información, preciso lo siguiente para que puedan entender el cuadro en la parte que me interesa difundir. Pido…

New York State Law Requiring Video Recording of Interrogations Takes Effect

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On April 1, a New York State law took effect that mandates law enforcement agencies statewide to video record interrogations of people accused of serious non-drug felonies, such as homicides and violent sex offenses. The requirement applies to all custodial interrogations that occur in police stations, correctional facilities, prosecutors’ offices and holding areas. Failure to record interrogations in such cases could result in a court determining that a confession is inadmissible as evidence. Governor Andrew Cuomo signed the proposed measure into law last year as part of the FY17-18 state budget, along with other reforms to prevent wrongful convictions. “Recording interrogations can be critical in helping convict the guilty, free the wrongly accused and uphold faith and confidence in our criminal justice system,” Governor Cuomo said. The Innocence Project and many New York exonerees were instrumental in helping to pass the law. “This is a critical…

What is the Difference Between Assault and Battery?

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If you watch any crime television show, it seems like the words assault and battery are always used at the same time, interchangeably. However, these are different crimes with different definitions and characteristics. Knowing the difference between the two is essential if you are charged with one or both of these crimes. Battery Illinois law defines battery as causing bodily harm to another or making physical contact that is insulting or provoking to another. The perpetrator must know that he or she is causing the offensive touching and has no legal basis in which to do so. The most common form of battery is hitting, bunching, or otherwise engaging in harmful physical contact with another. However, a battery can also be an offensive touching to another—physically ripping a purse from someone. The purse is considered an extension of the person who was battered. Not only can one face a battery charge, but also an aggravated battery charge. Aggravated…

People of the State of New York v A. P., Appellant

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#6179 April 3, 2018 A judgment was originally entered against the defendant on May 31, 2017, convicting him of the charge of aggravated cruelty to animals, including torturing animals. He was sentenced to 2 years in prison, which was unanimously affirmed. Continue reading

UPDATE: Single vehicle crash on Bogus Basin Road

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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: 4/5/2018 6:53 P.M. Please direct questions to the District Office *****UPDATE***** The driver's name is Paula Marcolina. 3683 / 2850 *****END OF UPDATE***** On Wednesday, April 4, 2018 at approximately 4:40 p.m., Idaho State Police investigated a single-vehicle crash southbound Bogus Basin Road at milepost 9, eight miles south of Bogus Basin. Paula Marcolini, 54, of Eagle, was southbound on Bogus Basin Road in a 2011 Nissan Murano. The vehicle went left of center and off the east side of the roadway. It came to rest on its passenger side approximately 150 feet down the embankment. Marcolini was transported to St. Alphonsus Regional Medical Center in Boise by…

A call for papers on "Lockett v. Ohio at 40"


"The Substitutability of Recreational Substances: Marijuana, Alcohol, and Tobacco"

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The title of this post is the title of this new article available via SSRN authored by Keaton Miller and Boyoung Seo. Here is the abstract: Proponents of the legalization of recreational marijuana have argued that the policy would result in increased tax revenues for states. However, if legal substances...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/0lwvfZf2ayw" height="1" width="1" alt=""/>

Mother Accused of Forcing Teen to Drink Alcohol as Punishment

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A Kentucky mom is facing charges after allegations that she forced her teenage daughter to consume copious amounts of liquor as a way to teach her a lesson. 34-year-old Miranda Gayle Polston arrived home on March 10 and discovered that her 14-year-old daughter had been helping herself to alcoholic beverages inside of her Somerset residence. In an attempt to instill the dangers of drinking liquor Polston was said to have demanded that the young girl would take place in consuming an allegedly large amount of spirits against her will. Continue reading →

Reviewing some modern felony disenfranchisement realities

Relief from Monetary Obligations Aside from Waiver

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Not all types of relief from a criminal monetary obligation trigger the statutory requirements for notice, hearing, and findings. The process for waiving court costs is more complicated than it used to be. In 2011 the legislature introduced a requirement (discussed here) for the court to make written findings of “just cause” in support of any cost waiver. Last year, it added a requirement (discussed here) that the court give written notice and an opportunity to heard to any directly affected party before waiving or remitting a cost or fine. I won’t get into the details again today, but suffice it to say there’s some red tape. One thing I have stressed on this blog and elsewhere is that there are many different types of criminal monetary obligations. “Costs” are one type, but there are also fines, attorney fees, restitution, and other fees. The technical requirements for waiver apply only to true costs—those obligations set out in G.S.…

Supreme Court of Illinois rejects claim that state prohibition on sex offenders in parks is violative of substantive due process

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