Lyft, Uber, and other rideshare companies are here to stay. What was once a novelty has now become a necessity, as people across the globe are hailing digital taxis via their smartphones at a gargantuan rate. In fact, in 2017 Lyft reported they are giving over a million rides a day, and Uber dwarfed that number with over 5.5 million rides a day, and that number has only grown with time. As rideshares become more ubiquitous, it becomes more likely an individual will get injured in a Lyft or Uber accident. If that occurs, what do you do next? The legal team at Elliott Kanter Criminal Defense and Personal Injury Law Firm in San Diego explains how we can help, but if you have any further questions give us a call at (619) 330-5881. Does the Driver’s Car Insurance Cover My Damages? If you are in an accident that causes an injury or other damages, you will want to get an insurance company to pay for any treatment you need. However, whose car insurance is used? If the driver has…
Injured in a Lyft or Uber Car Accident? We Help Drivers & Passengers
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Drug Related Collisions Currently More Common than Alcohol Related Collisions
Impaired drivers are a hazard of the road and cause thousands of fatal collisions each year. While alcohol has been the leading cause of impaired driving for decades, drugs recently surpassed alcohol as the leading cause of impairment in collisions involving an impaired driver. The increase in drug related collisions is likely due to several factors, including the opioid epidemic and legalization of marijuana. While many drivers are impaired due to the use of illicit drugs, drivers who are using legally prescribed medications still face the risk of impairment if they are unfamiliar with the side effects of their medication. Presently, there is no national standard for testing a driver suspected of DUI for opioids, marijuana or other drugs, and police officers often struggle with recognizing the signs a driver is impaired due to drugs. Under the current law, Illinois DUI suspects can be subjected to testing of their blood, urine or breath if impairment is suspected. The…
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//blawgsearch75.rssing.com/chan-6519914/article32943-live.html
US v. Charette, No. 17-30059 (6-26-18)(Tallman w/N. Smith & Christen). The 9th affirms in part and reverses in part a conviction and remands. This case involves the killing of a Ursus asctos horribilis (grizzly bear) for supposedly harassing a horse and then charging the defendant’s home. This is a second time for the case. The defendant was charged and convicted under 16 U.S.C. §§ 1538(a)(1)(G), 1540(b)(1) and 50 CFR 17.40(b)(1)(I)(A) for unlawfully taking a threatened species. The defendant was convicted by a magistrate judge for this misdemeanor.The defendant argued that the government must prove the defendant lacked a permit for the taking of a grizzly bear. Since the government did not, there should be an acquittal for insufficient evidence. The 9th affirms the denial of acquittal for insufficient evidence. There was not insufficient evidence because the defendant bore the burden. The 9th rules that a permit is an affirmative defense, and so the burden…
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Charges Dismissed Against Exoneration Project Client Convicted Due to Police Misconduct
Anthony McDaniels was exonerated in Chicago yesterday after spending nearly a decade in prison for a crime he did not commit. McDaniels was freed with the assistance of the Exoneration Project. McDaniels’ conviction is one of 33 overturned because of a connection to a team of Chicago police officers, led by ex-Sergeant Ronald Watts, notorious for engaging in misconduct. McDaniels, who was convicted of gun possession in 2008, has long maintained that members of Watts’ team framed him for refusing to pay a bribe to Chicago police officer Kallat Mohammed. “They planted a gun on me and then charged me with having a weapon,” McDaniels told reporters at his release yesterday. After being caught taking $5,200 from an FBI informant, Watts and Mohammed both pled guilty to federal charges and were sent to federal prison. “These officers have a very long and disgraced history of planting drugs and guns on individuals who would not cooperate with them,”…
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Crash Blocking the Eastbound Off Ramp at the Middleton Exit
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: 6/26/18 4:07 p.m. Please direct questions to the District Office Idaho State Police is investigating a crash eastbound I-84 on the off ramp of exit 25, the Middleton exit. The off ramp is blocked. 3641 -------------
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** Update ** Crash Blocking the Eastbound Off Ramp at the Middleton Exit
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: 6/26/18 4:25 p.m. Please direct questions to the District Office ** Update 1 ** The roadway is open. 3641 ** End Update ** Idaho State Police is investigating a crash eastbound I-84 on the off ramp of exit 25, the Middleton exit. The off ramp is blocked. 3641 -------------
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The Sentencing Project effectively reviews "Trends in U.S. Corrections"
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CA8: Prior unlawful search of bag on bus was corrected by good faith actions of officer and exclusionary rule wouldn’t be applied
A Tornado bus was stopped in Arkansas, and the Arkansas State Trooper was looking for unmarked bags that could be considered abandoned because unmarked bags on Tornado buses were being used to ferry drugs. While searching the bag, the officer … Continue reading →
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D.Md.: SW for drug evidence on a computer allowed cursory look at each file, and CP was validly found
Once officers were in defendant’s computer with a search warrant looking for drug evidence, they could cursorily look at each file, and, in the process found child pornography. [This is akin to a plain view.] With that, the search stopped, … Continue reading →
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D.S.C.: One innocently driving a stolen vehicle generally doesn’t have standing in it, but he has to show his innocent status
One innocently driving a stolen vehicle generally doesn’t have standing in it. If, however, he innocently buys a stolen vehicle and then he’s stopped in it, it’s his burden to show that he was an innocent purchaser to acquire standing. … Continue reading →
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M.D.Pa.: Three robberies was a pattern sufficient to allow a broader search period and thus overcame this staleness challenge
Three armed robberies showed a pattern of activity that allowed a broader period in the application for the warrant, and thus overcame a staleness challenge. The affidavits for search warrant provided a substantial basis for finding probable cause, especially considering … Continue reading →
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FL5: Error to deny without a hearing a facially sufficient motion for return of property
Defendant’s motion for return of property was facially sufficient for a hearing, and the circuit court erred in denying it without a hearing. Peterson v. State, 2018 Fla. App. LEXIS 8861 (Fla. 5th DCA June 22, 2018). Defense counsel wasn’t … Continue reading →
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CA2: Nonmaterial error of fact in Title III application and SW for house didn’t merit Franks hearing
Nonmaterial error in inclusion of an erroneous fact in a wiretap application and search request for house didn’t require a Franks hearing. United States v. Osborne, 2018 U.S. App. LEXIS 17142 (2d Cir. June 25, 2018).* Defendant’s post-conviction claim defense … Continue reading →
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N.D.Ill.: Threat to get a SW wasn’t coercive where the officers already had PC but were seeking consent to speed it up
“Considering these factors and the totality of the circumstances, the Court concludes that Defendant’s consent to search his residence was voluntary. Defendant is a mature adult who served in the Marines and is familiar with law enforcement procedures. While Defendant … Continue reading →
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National DUI College’s Serious Science Seminar an exceptional educational event for lawyers, combining science and advocacy
With an increase in OUI drugs arrests in Massachusetts, Massachusetts OUI Lawyers can expect to see an increase in OUI drugs arrests. In serious case, there is likely to be forensic testing of blood for drugs. In OUI alcohol cases, typically a suspect will be asked to take a breath test. In case involving, injuries to the operator believe to be under the influence, forensic testing of the blood may be requested in cases involving serious bodily injury or death. Recently, I attended a seminar called Serious Science sponsored by the National College of DUI Defense. This seminar featured a first hand view of the Science with a visit to the University of Texas Lab at its Arlington campus. This was an excellent event run by a Andrew Mischlove, Joe St. Louis and Virginia Landry, lawyers I have known for many years. They were assisted by two other outstanding lawyers who work with the Gerry Spence Trial College Kimberly Benjamin from…
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TrumpLaw and the Travel Ban
Not that “Justice Editor” at somewhat lefty ThinkProgress, Ian Millhiser, is prone to hyperbole, but the headline of his post on the Supreme Court’s decision in Trump v. Hawaii, gives some insight into his expectations of the Court and lawfare: Chief Justice Roberts just proved why the courts won’t save us from Trump What? You didn’t know that was Roberts’ job, to undo the election because the deplorables of America voted for this vulgar, ignorant, amoral, self-aggrandizing fool? Ian’s opening is similarly unflattering toward C.J. Roberts. Chief Justice John Roberts is either a very stupid man, or he believes that the rest of us are very stupid. In the first paragraph of Roberts’ opinion in Trump v. Hawaii, handed down on Tuesday, the Chief writes one of the most literally unbelievable lines to appear in a Supreme Court opinion: “the President concluded that it was necessary to impose entry restrictions on…
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Hohfeld and Property
Christopher M. Newman, Hohfeld and the Theory of In Rem Rights: An Attempted Mediation in The Legacy of Wesley Hohfeld (forthcoming 2018), available at SSRN. Michael Green Rights come in different types, and the failure to distinguish among them can lead one into errors. So argued Wesley Newcomb Hohfeld, who—in two articles published in the Yale Law Journal in 1913 and 1917—offered a highly influential categorization of rights by type. This marvelous collection of essays, edited by Shyam Balganesh, Ted Sichelman and Henry Smith, assesses the Hohfeldian legacy. I’ll largely focus on Christopher Newman’s contribution, which I found particularly helpful. Some property scholars have criticized Hohfeld’s approach as unable to account for the distinctive character of property rights. Newman argues, I think rightly, that the two are compatible. That Hohfeld was correct to distinguish rights by their type is undisputed. The right that I have…
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Beatriz Merino Lucero - un encuentro en los bajos fondos
https://larepublica.pe/…/1268090-habido-debate-fondo-ley-mo… NOS HAN ROBADO, NOS SIGUEN ROBANDO Y QUIEREN SEGUIR ROBÁNDONOS, PERO AQUÍ -EN FACEBOOK- SE DEBATE SOBRE EL ABORTO. La señora Beatriz Merino Lucero es asalariada del poder, ha ocupado distintos cargos desde los cuales se le hace muchísimo daño a los trabajadores, ha sido "Presidenta de la Asociación de AFP" la organización que, gracias a Fujimori se creo para estafar al pueblo y desaparecer a la ONP, una "institución" destinada a engañar, montado una estructura al estilo Goebbles para confundir al trabajador con el apoyo del Estado. Ha sido jefe de la Sunat como ella misma recuerda y nos dice con la conciencia de una Ostra, y el perdón de este molusco, que LOS PERUANOS DEBEMOS PAGAR para que el Gobierno informe sobre las ofertas de realización de la Sunat que denomina de…
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Taxes: Guilty Until Proven Innocent
Taxes: You’re guilty until you prove yourself innocent. That’s the way it works with the Internal Revenue Service. You have to be able to prove the numbers on your income tax return. If you can’t, the IRS auditor will pick a number and it’s up to you to prove them wrong. It sounds unfair, doesn’t it? Of course it does, but that’s the way the law works in the U.S. In normal criminal cases, you’re presumed innocent until the government proves you guilty. In tax cases, it’s the other way around. Taxpayers run into trouble when they don’t have documentation to support the numbers on their tax return. What if the IRS believes a business has unreported income? Maybe the company has bad documentation. The IRS may use bank records to prove their case, assuming that all of the deposits are revenue. They may make an assumption that additional revenue was not deposited and was concealed. They have all sorts of methods to calculate…
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Speech, Sex and the Neo-Victorians
Christina Hoff Sommers called it “fainting couch feminism,” the allusion being to fragile Victorian women swooning at a breach of civility. While calling themselves strong, fierce, brave and bold, they do nothing to earn these glowing adjectives. Indeed, they demand protection of their every sensitivity. But they’re oppressed, having “survived” bad dates, their chosen college studies that provide no access to useful occupations and rude jokes, and demand that others stop erasing their lived experiences of misery. They could have said no, chosen STEM and either shrugged off words that upset them or, if they were truly fierce, told off their oppressors. But they preferred to faint. At a meeting of the National Association of College and University Attorneys, Rodney A. Smolla, dean of Widener University’s Delaware Law School, explained the shift in speech that has gone in lockstep with the shift in female sexual fragility.…
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