If you have been charged with driving under the influence (DUI) in Illinois, your defense strategy will depend in part on whether your case is a “per se” DUI or “impaired” DUI. Definition of DUI Per Se A DUI per se (“by law”) means that your breath or blood tested over the legal limit for alcohol, marijuana, or another intoxicating substance. If you test over the limit, the law assumes you were driving impaired, even if you exhibit no outward signs of intoxication and can pass the standardized field sobriety tests (the one-leg stand, the walk-and-turn, and the “follow my pen” horizontal gaze tests). The legal limits are based on scientific studies that have documented the effects of varying levels of intoxicants on driver impairment. The “legal limit” varies by state, age, intoxicant, and what type of vehicle you are driving. In Illinois, the legal limits for blood-alcohol concentration (BAC) are: For adults…
The Difference Between “Impaired” DUI and “Per Se” DUI
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Harris bail ruling released, the problem with prisoner copays, and other stories
With journalists being shot, toddlers being snatched from their mothers' arms and required to fend for themselves in court, and a Supreme Court seat in play that will be filled by the Toddler-Snatcher-In-Chief, it's hard even for your myopic correspondent to focus attention on the Texas state and local criminal-justice issues that this blog primarily covers.But lots of smart people much closer to the action are thinking and talking about those topics. So, taking my cue from the folks at the Capital Gazette who put out their paper the day after five colleagues were murdered, Grits will focus on my own job and give y'all the usual weekend roundup of criminal-justice topics, even if a big part of me would prefer to rant about those national stories.Harris County bail ruling releasedYesterday, federal District Judge Lee Rosenthal released her revised ruling in the Harris County bail case, the Houston Chronicle reported. I can't find a copy online yet, but this…
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Worcester County Tops At Proving DUI
Just as the summer beach season began, Worcester County was honored for producing the highest conviction rate among all Maryland counties for DUI and DWI. The announcement came at a recent gathering for state prosecutors at an Ocean City hotel, which also hosts the annual bar convention. The average conviction rate for drunk driving statewide is about 78 percent, and Worcester County bested this number by a cool 13 percentage points to come in at 91 percent, meaning nine out of ten DUI arrests resulted in a conviction last year in the state’s eastern most county. Worcester is no stranger to a high drunk driving conviction rate, as the county has been tops in the state for 5 of the last 6 years. The State’s Attorney’s Office and the numerous police departments that patrol the county highways deserve much of the credit for the courtroom success, but there are other factors contributing to the unusually high conviction rate. Worcester…
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SUMMER CRIMES, MAKE LIVING UNEASY: BELMAR AND LAKE COMO
When You Need a Criminal Defense Attorney For Belmar and Lake Como Summertime, and the living is frenzied. Belmar is jumping, and spirits in Lake Como are high. Maybe a little too high, and that can lead to municipal or superior court, and that can lead to a need for representation – to keep the summer fun flowing. During the summer, Belmar and Lake Como are two places along the Jersey Shore where many citizens get away from the hot inland turf and get loose near the sunny surf. Some people eat, drink and get a little too merry, and the local police are kept busy with arrests for underage drinking, fake identification, ordinance violations, simple and aggravated assault, criminal trespass, outstanding warrants and interference with business. Continue reading →
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DE: PC and nexus to search def’s house came from his leaving to do a drug deal on a bicycle and then coming right back
There was probable cause and nexus to search defendant’s house because he left the house on a bicycle to conduct a drug delivery and returned. Spencer v. State, 2018 Del. LEXIS 296 (June 26, 2018). There was probable cause to … Continue reading →
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NM: State’s DNA collection act const’l under King; def has no interest in whether his DNA might end up tested against a cold case was lawfully collected
The state has an interest in collecting DNA from arrestees, and King is followed. Defendant doesn’t make any credible argument why the state constitution should be applied except that he shouldn’t have his DNA compared to that on file from … Continue reading →
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"Supreme Irrelevance: The Court's Abdication in Criminal Procedure Jurisprudence"
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SCOTUS: Too many facts in dispute to grant QI dismissal on a claim of interference with right to pray after entry into the house; 4A claim revived after being waived
This pro se plaintiff alleged police came into her house for a complaint of her radio being too loud, and she was told to stop praying. The district court dismissed her First and Fourth Amendment claims for failure to state … Continue reading →
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SJC Finds Testimony of Substitute Expert Witness Inadmissible but Affirms Conviction on Harmless Error Grounds
The Supreme Judicial Court affirmed the defendant’s conviction for first degree murder in Commonwealth v. Seino, despite the erroneous admission of hearsay evidence through the testimony of substitute expert witnesses. The background was as follows. The day before the victim was killed, “the defendant’s roommate warned [him] that he would be asked to move out [of their shared apartment] if he did not pay the total amount that he owed by the following day.” That evening, the defendant spent time at a local bar. Also at the bar was the victim, who “appeared to be drunk … and ‘flaunt[ed]’ [a large sum of cash] such that one of his friends urged him to ‘put [it] away.’” The defendant left the bar at 12:30 a.m. “The victim left the bar when it closed” at 1:00 a.m. At 1:30 a.m., the defendant gave his roommate the overdue rent money. At 7:00 a.m., “[t]he victim’s lifeless body was…
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"Originalism and the Common Law Infancy Defense"
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"Marijuana Revenue Competition — Look Out Below"
The title of this post is the title of this short new paper authored by Pat Oglesby now available via SSRN. Here is its abstract: Beyond the ever-present illegal market, a more subtle threat to marijuana revenue lurks: Tax competitors (think: tax havens) threaten subnational jurisdictions that can’t or don’t...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/YOJuEV5Whrk" height="1" width="1" alt=""/>
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Case o' The Week: Government's Pleas Fall on Skeptical Ninth Ears - Armando Vera and Use of Co-D Plea Agreements at Sentencing
If at first you don’t succeed, Find a co-d, make him plead, Use co-D’s plea to prove your fact, Then up to the Ninth, who sends you back.United States v. Armando Vera, 2018 WL 3097956 (9thCir. June 25, 2018), decision available here.Players: Decision by Judge Owens, joined by Judges Wardlaw and Nguyen. Facts: Brothers Salvador and Armando Vera were convicted of a drug-trafficking conspiracy after trial. Id.at *1. In a welcome holding rejecting cop “interpretations” of recorded calls, the Ninth’s first opinion vacated the drug quantity findings and the defendant’s sentences. See United States v. Salvador Vera, 770 F.3d 1232 (9th Cir. 2014), see also blog entry here. On round two of sentencing, the government decided not to try to fix the cops’ methodology, or actually call the co-conspirators to establish drug amounts. Armando Vera, 2018 WL 3097956, at *2. Instead, the government “relied…
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C&C Is Moving
Crime and Consequences will be moving to a new platform shortly. A notice and forwarding address will be posted here when the move is completed, and this will become an archive blog.All further posting is suspended until the move is completed.
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Mariana de Althaus y la conciencia como argumento
https://larepublica.pe/politica/1269795-accion-dramatica "En Argentina aprueban el aborto y aquí promueven los valores de la virginidad femenina. El mundo avanza en igualdad y nosotros retrocedemos. Llevemos a los niños al teatro, invitémoslos a leer. Por el momento solo queda tratar de combatir la educación cavernaria y politizada del Estado con los esfuerzos culturales de los que sí hemos accedido a una educación de calidad." QUE PIENSO El párrafo precedente, extraído del artículo que comparto con todos ustedes, de cadavérica armonía, razón de la agonía, pedantería del éxtasis sexual y porquería cultural, es en puridad un alegato de Uranio empobrecido para terminar con nuestra asquerosa sociedad, porque, en resumen, para la autora la homosexualidad es ¡¡CULTURA!! y por los adoquines que esparce de su…
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Fire Blocks Interstate 84 East of Boise
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: 06/30/2018 at 3:49 p.m. Please direct questions to the District Office The Idaho State Police is on scene of a fire westbound Interstate 84 at milepost 72.5, east of Boise. The right lane of travel is blocked. Visibility in the area is limited. More information will be released as it becomes available. 3725 / 4055 -------------
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Weekend Open Thread
I've been busy at work and not reading much news. It's usually about Donald Trump. I'm taking the weekend off from him. I'll follow the election news in Mexico instead. The past two weeks on Senor de los Cielos, Aurelio (the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Paper Downloads 1. Opinion on the Constitutionality of Robert Mueller's Appointment Steven G. Calabresi Northwestern University - Pritzker School of Law Date Posted: 25 May 2018 3,984 2. The Writ-of-Erasure Fallacy Jonathan F....
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Update 1 - Fire Blocks Interstate 84 East of Boise
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: 06/30/2018 at 5:11 p.m. Please direct questions to the District Office ***Update 1*** The right lane of travel is no longer blocked. 3725 ***End of Update 1*** The Idaho State Police is on scene of a fire westbound Interstate 84 at milepost 72.5, east of Boise. The right lane of travel is blocked. Visibility in the area is limited. More information will be released as it becomes available. 3725 / 4055 -------------
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Number of Women in Texas Prison Continues to Grow
According to the Texas Criminal Justice Coalition, the female population in prisons and jails is increasing, but programs, treatment, and diversion options offered to prisoners are mostly geared toward men rather than women. There are currently more than 12,000 women incarcerated in the state of Texas; although women made up only nine percent of the Texas prison population in 2016, the female population continues to increase, even as the prison population overall continues to decrease. In the Texas Criminal Justice Coalition report, researchers found that the vast majority of incarcerated women share an extensive history of trauma and are mothers. Therefore, advocates are suggesting that the focus change from incarcerating women to addressing the root causes of their incarceration. Number of Women in Texas Prison Continues to Grow The report details a survey of more than 400 incarcerated women in the state of Texas. The survey revealed that 60% of the women interviewed reported…
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CNN premiering new film "American Jail"
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