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IDAHO STATE POLICE NEWS RELEASE
District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000
Fax (208) 324-7897
For Immediate Release: 01/18/13 16:53
Please direct questions to the District Office
Idaho State Police is currently investigating a multiple vehicle crash eastbound Interstate 84 at mile post 216 east of Heyburn, ID. Traffic is being diverted off the Interstate at mile post 211 and then back on at mile post 216. Further information will be released as available.
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Crash Interstate 84 east of Heyburn
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In Illinois DUI cases, what are the time frames for losing your license?
Illinois law makes it illegal to drive under the influence of alcohol. (DUI). Penalties for a first offense can be as much as a fine of $2,500 and up to 364 days in the county jail, or a combination of the two. 625 ILCS 5/11-501
A conviction for DUI requires the Illinois Secretary of State to revoke your driver's license. A driver's license revocation nullifies your right to drive in Illinois. 625 ILCS 6-208
In order to be entitled to drive without any restrictions, you must have a driver's license hearing with the Illinois Secretary of State. In other words, restoration of full driving privileges is not automatic. Christiansen v. Edgar, 209 Ill. App. 3d 36, 153 Ill. Dec. 738, 567 N.E.2d 696 (4 Dist. 1991)
Revocations vary in length and depend upon your previous DUI convictions, if any. Keep in mind that in making these calculations, any dispositions of court supervision are not counted, as supervision is not a conviction.
The first DUI conviction will bring a one year revocation. A second DUI convictions that occurs within 20 years of the first one leads to a revocation for 5 years.
A third conviction nets a 10 year revocation. A fourth conviction can result in a lifetime revocation if any arrest that results in a conviction occurred after January 1, 1999.
The Secretary of State does not track court cases; therefore it is the responsibility of the Circuit Clerk to notify him of any DUI conviction. Within about 10 days of being notified of a DUI conviction, the Secretary of State will revoke your driver's license.
In many situations, you may apply for a Restricted Driving Permit (RDP) while the revocation is in effect. The RDP is not a "license" but rather is permission to drive, for limited purposes, while your are ineligible to apply for a full license (during the revocation window of 1, 5 or 10 years). But someone with a lifetime revocation due to four convictions cannot apply for an RDP either.
There are a few situations in which you must wait before you can apply for an RDP. If this is your second or third conviction (meaning a 5 or 10 year revocation), you cannot apply for an RDP during the first year of the revocation. If you are convicted of aggravated DUI that causes a death, you cannot apply for an RDP until 2 years after the revocation, or 2 years after you are released from incarceration, whichever is later.
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Double Jeopardy for DWIs One Year Revocation Requirement
McKenzie holds, over a dissent, that the one-year disqualification of a defendant’s commercial driver’s license (CDL) based on the issuance of a civil license revocation for impaired driving is so punitive that it amounts to criminal punishment.
McKenzie, a commercial truck driver, was arrested in 2010 for impaired driving in a non-commercial vehicle. At McKenzie’s initial appearance, the magistrate issued a 30-day civil license revocation (CVR) based upon the results of McKenzie’s breath test, which reported an alcohol concentration of 0.08 or higher. Because McKenzie had a commercial driver’s license (CDL), the issuance of the CVR disqualified him from driving a commercial motor vehicle under G.S. 20-17.4(7) for one year. McKenzie lost his job as a truck driver, but he worked for a while as a logger for the same employer only to be fired when his employer became overstaffed. McKenzie moved to dismiss his DWI charges, alleging due process, double jeopardy and equal protection violations. The district court dismissed the charges, but the superior court reversed and reinstated the charges. The defendant appealed to the court of appeals, arguing that the superior court erred because his DWI prosecution constituted double jeopardy.
The North Carolina court of appeals held that revocation under G.S. 20-17.4(a)(7) amounted to criminal punishment, employing a seven-factor analysis used in Hudson v. United States, 522 U.S. 93 (1997) for determining whether a sanction that the legislature has characterized as civil nevertheless amounts to criminal punishment. The court of appeals focused on the remedial purpose the statute was intended to serve and concluded that a one year commercial driver’s license suspension could only be viewed as serving a punitive purpose; thus, the one year suspension penalty for violating G.S. 20-17.4(a)(7) really amounted to a criminal penalty instead of a civil penalty, which subsequently barred prosecution for DWI based on the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.
If you or someone you know has DWI charges being brought against them, contact the law offices of Reeves, Aiken, and Hightower to consult with one of our criminal attorneys. We also handle many other different types of criminal cases. Our criminal DWI attorneys are licensed in both North Carolina and South Carolina, where you can contact us at 704-499-9000 or 877-374-5999 toll-free.
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Where can I find out if somebody is in Jail in Western Washington?
See link for the main Western Washington Jails. Pierce County Snohomish County Score (Auburn, Burien, Des Moines, Federal Way, Renton, Seatac, Tukwila) King County
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Crash With Complete Road Blockage - SH 46 near Wendell, ID
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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IDAHO STATE POLICE NEWS RELEASE
District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000
Fax (208) 324-7897
For Immediate Release: 01/18/2012 at 6:00 p.m.
Please direct questions to the District Office
Idaho State Police is currently investigating a crash on State Highway 46, between mileposts 102 and 103, near Wendell, ID. There is complete road blockage at this time. A full media release will be published when complete information is available.
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OK - Romeo and Juliet Sex Offender Program
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Friday Night Open Thread
Lance Armstrong, Part 2. Last night's interview didn't seem to resonate favorably with too many people. Will they even tune in again tonight? I did. It was like a deja-vu of John Edwards...
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Fatality Ctash SH 46 near Wendell, ID
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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IDAHO STATE POLICE NEWS RELEASE
District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000
Fax (208) 324-7897
For Immediate Release: 01/18/2013 at 6:00 p.m.
Please direct questions to the District Office
Idaho State Police is currently investigating a crash on State Highway 46, between mileposts 102 and 103, near Wendell, ID. There is complete road blockage at this time. A full media release will be published when complete information is available.
**UPDATE 01/18/2013 at 9:37 p.m.**
On January 18, 2013, at approximately 4:42 pm, Idaho State Police investigated a two vehicle fatality crash on State Highway 46 at mile post 102, 2 miles north of Wendell ID.
Joaquin Figueiredo, 65 years old, of Gooding ID, was traveling north on State Highway 46, in a 2003 Dodge van, when he went off the road hitting a guard rail. Joaquin then came back across the northbound lane of travel and into the southbound lane. Joaquin hit Joseph Melguin, 45 years old also of Gooding ID, who was traveling south, in a 1992 Chevy truck, head on. Joseph was ejected from his vehicle and succumbed to his injuries on scene, notifications to the family have been made. Joaquin was extricated from his vehicle and transported to North Canyon Medical Center. The crash is still under investigation.
State Highway 46 was blocked for approximately 3.5 hours; all lanes of travel are now open.
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Multi-vehicle Crash Blocks Eastbound Traffic Near Declo, ID
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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IDAHO STATE POLICE NEWS RELEASE
District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000
Fax (208) 324-7897
For Immediate Release: January 18, 2013 at 10:00 p.m.
Please direct questions to the District Office
On January 18, 2013, at approximately 3:25 p.m., a 1998 Toyota RAV 4, driven by Amber L. Lidell-Thomas, 23, of Declo, ID, was broken down in the right hand travel lane of Interstate 84, on the Snake River Bridge, just west of the Declo Exit 216. A 2005 Peterbilt struck the rear of the Toyota. (The driver information for this vehicle is pending. An update with this information will be sent in the morning.) A 2001 Oldsmobile Alero, driven by Katie Quinn, 27, of Boise, ID, was passing these vehicles in the left hand travel lane. Oleg V. Delekh, 34, of Meridian, ID, attempted to move into the left hand travel lane in a 2006 Volvo, and struck Quinn's vehicle and the 2005 Peterbilt. A 2011 Peterbilt, driven by Keith C. Forsgren, 50, of Idaho Falls, ID, then struck the rear of the Volvo driven by Delekh.
The 2006 Volvo driven by Oleg was hauling a load of onions. The side of the trailer was ripped open, causing onions to spill onto the roadway. The eastbound lanes of travel were blocked for approximately four hours and fifteen minutes during the removal of the vehicles and the onions.
All drivers were wearing seatbelts. There were no injuries in these crashes.
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AARON SWARTZ CASE: US ATTORNEY’S ANSWERS STILL
The world lost a brilliant mind a week ago today, when Aaron Swartz, the 26 year-old internet prodigy who at age 14 invented the ubiquitous internet feed RSS, as well as internet company Reddit, took his own life. Swartz was no “average person,” but an internet prodigy and genius who was gifted with the kind of genius rarely found in the world, on the level of a Steve Jobs.
While we may never know the precise reason or reasons that Swartz ended his life, to borrow the term genius here, it doesn’t take any kind of genius to see the causal relationship between Swartz’ suicide and his prosecution – many say persecution – by the Boston office of the U.S. Attorney’s office, headed by Massachusetts U.S. Attorney Carmen Ortiz. The media and the twitter sphere have been abuzz for seven days now about what has widely been called an overzealous prosecution of Swartz by Ortiz’ office. Despite a blog post written by a George Washington University Law professor which argued that no prosecutorial overreach occurred – which somewhat curiously and conveniently appeared 72 hours after Swartz’s death - the overriding consensus now appears to be that Ortiz’ office was far too aggressive and unyielding against this young man, who tangibly hurt no one.
This conclusion includes the editorial board of The Boston Globe, who wrote on today’s editorial page, “In piling on 13 charges and thereby threatening Swartz with up to 35 years in prison, Ortiz’s office went way, way too far.” Equally disturbing is the fact that Ortiz and her deputy prosecutors were made well aware of Swartz’ vulnerable mental health status – that his genius was tragically co-occupied by depression, and that the stress of this wildly over-charged case was bearing down on him heavily. Boston attorney Andy Good, who was one of three lawyers who at various stages represented Swartz, told the Boston Globe that he warned the deputy prosecutor handling the Swartz case of his client’s vulnerable mental health status. Atty. Good told the Globe’s Kevin Cullen, “The thing that galls me is that I told (Assistant U.S. Attorney Stephen) Heymann the kid was a suicide risk,” “His reaction was a standard reaction in that office, not unique to Steve. He said, ‘Fine, we’ll lock him up.”
In a phone interview this past Monday with The Huffington Post, Swartz's attorney Elliot Peters accused Stephen Heymann of hyping 13 federal charges against Swartz to generate publicity for himself. According to Elliot Peters, Heymann was looking for "some juicy looking computer crime cases and Aaron's case, sadly for Aaron, fit the bill," Peters believes that Heymann thought the Swartz case "was going to receive press (media coverage) and he was going to be a tough guy and read his name in the newspaper." Heymann is the deputy chief of the criminal division in the U.S. Attorney's Boston office, also heads a group in the office called the computer crimes task force. Offering further motive for Heymann’s overly-aggressive and unmerciful stance against Swartz, Peters said that Heymann’s role in the computer crimes section "doesn't carry much prestige and respect unless you have computer crimes cases."
Against this bulldozer approach taken by the Boston U.S. Attorney against Swartz, readers should know exactly what Swartz did and didn’t do, and why he did it. Swartz, a very public advocate for greater public access to the internet, hacked into MIT’s computers to download a very large amount of academic material from the online database known as JSTOR. He never really harmed anyone, and he didn’t do it to make money, but to make a larger point about open internet access. Legally, the offense is akin to trespassing. JSTOR did not wish to press charges against Swartz and urged Ortiz’ prosecutors to drop the case against him. MIT, however, would not yield, and has been widely reported to have been, along with Heymann, pressing the steroidally-driven legal campaign against Swartz.
In my view as a Dedham, Massachusetts criminal defense lawyer, this is like using a missile launcher against a mouse, and it reveals either unacknowledged motives to persecute Swartz, or a combination of incredibly poor legal judgment and moral callousness.
Against this barrage, Swartz’ lawyers were not looking for a straight dismissal. They offered what any level-headed defense attorney would recommend: A disposition that would either keep the charges technically open for a given period of time, and then dismiss them later assuming that Swartz did not engage in the same act for that time, and/or a term of probation. Under such a disposition, if Swartz had done the same thing again, he would then be exposed to prison time. Such a disposition takes place every day in prosecutors’ office’s across Massachusetts and the country, and it’s eminently reasonable. Yet for reasons that remain unexplained by Carmen Ortiz’ office, her office would not drop their demand that Swartz plead guilty to 13 federal felonies and spend up to six months in prison. “There was such rigidity with the people we were dealing with,” Peters has commented. “I couldn’t find anyone in that office to talk about proportionality and humanity. It was driven by a desire to turn this into a significant case, so that some prosecutor could put it in his portfolio.”
Now, quite possibly the brightest technology mind since Steve Jobs is dead – found hanging in his New York apartment by his girlfriend – another victim in this sordid case who, along with Swartz’ bereaved family, will never fully recover.
And all for what?
There is a song on the Beatles’ Abbey Road album, whose lyrics seem to apply to a number of parties in this sad story: “You’re gonna carry that weight, carry that weight, a long time.”
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Commercial Vehicle Fire East Of Boise Closes Interstate 84
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
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IDAHO STATE POLICE NEWS RELEASE
District 3 Patrol 700 S. Stratford Dr., Meridian 83642
(208) 846-7550
Fax (208) 846-7520
For Immediate Release: 01/18/2013 at 11:30 p.m.
Please direct questions to the District Office
On January 18, 2013, at approximately 4:10 p.m., Idaho State police investigated a vehicle fire involving a three-axle tractor trailer, carrying approximately 1500 gallons of diesel fuel. Robert L. Browning, 54, of Boise, ID. was driving east on Interstate 84 at milepost 68, east of Boise, ID. Browning experienced a mechanical problem with the truck. The truck caught on fire, and Browning was able to manuever the vehicle to the left-hand shoulder of the interstate. The vehicle and fuel became fully engulfed in flames.
Boise Fire Department and the Boise Hazardous Materials Team recommended closure of the eastbound lanes of Interstate 84 at Exit 59 (Eisenman Rd.) for the safety of the public. Vehicles caught between the closure at Exit 59 and the incident at milepost 68 were given the option of using the emergency crossover at milepost 67 to return westbound.
The Interstate was completely blocked for approximately three hours. There was partial lane blockage for approximately 6.5 hours. All lanes are now completely open.
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Will my Washington DUI conviction show up on my out-of-state Driver's License?
Maybe.
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Democrats, Republicans, and the "Stand your Ground" law
After an innocent 17 year old boy was shot by accident by a neighborhood watch volunteer, his mother, Sybrina Fulton and Democratic lawmakers are asking for the repeal of the Stand your Ground law.
The stand your ground law gives a person the right to justifiably use deadly force as long as there is a reasonable belief of an unlawful threat. In Beard v. U.S. (158 U.S. 550 (1895)), the Supreme Court ruled that a man who was on his property when he came under attack, did not provoke the assault, and had reasonable grounds to believe, that the other individual intended to take his life, or do him great bodily harm, did not have a duty to leave and was entitled to stand his ground.
This basically means that if someone enters your home in the middle of the night and you have reasonable belief that this person has a gun and may take your life, you don't have an obligation to leave your home, but you have the right to self defense and to use deadly force to protect yourself.
The case of Trayvon Martin, the 17 year old boy shot and killed by George Zimmerman, has brought even more criticisms of the stand your ground law and whether it should continue to exist or not.
George Zimmerman is being charged with second-degree murder. He is claiming self-defense and is now awaiting trial.
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5000 Euro Bußgeld fürs Taubenfüttern
In Darmstadt hat eine 50-jährige Frau hartnäckig gegen das Taubenfütterverbot verstoßen. Sie soll täglich die Vögel gefüttert haben, obwohl dies gegen die Stadtsatzung verstößt. Gegen sie laufen 70 Ordnungswidrigkeitenverfahren. Insgesamt soll sie mehrere Kilogramm an Vogelfutter verstreut haben. Säckeweise soll sie das Futter mit ihrem Auto transportiert und den Tauben in großer Menge zur . . . → Read More: 5000 Euro Bußgeld fürs TaubenfütternÄhnliche Beiträge:Straßenverkehrsrecht: Ramsauer will Bußgelder deutlich…Bußgeld wegen BurkaBanker verrät KundengeheimnisKontaktverbot für Freier auf St. Georg: DemonstrationStrafrechtliche Ermittlungen im Dioxin-Skandal
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Prozess um Mubarak wird wiederholt
Das Verfahren um den ehemaligen ägyptischen Präsidenten Husni Mubarak wird erneut vor Gericht verhandelt. Der 84-Jährige wurde zu einer lebenslangen Freiheitsstrafe verurteilt. Dagegen legten sowohl Strafverteidigung als auch Staatsanwaltschaft Rechtsmittel ihrerseits ein. Während die Verteidigung einen Freispruch forderte, wollte die Staatsanwaltschaft die Todesstrafe. Dem ehemaligen Staatschef wird vorgeworfen, dass er eine Mitschuld am Tod . . . → Read More: Prozess um Mubarak wird wiederholtÄhnliche Beiträge:Untreue: Vorwürfe der Zuhälterei gegen…Korruption: Staatsanwaltschaft erhebt Anklage gegen…Körperverletzung: 3 Jahre Haft für Angriff mit…Hubschrauberabsturz: Freispruch für PilotenKindstötung: War es Mord oder Totschlag?
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Obama Will Not Disappoint Us on Monday
Four years ago on Monday, at 11:50 am, I was standing in a courtroom in Philadelphia – I think it was in front of Judge Kosinski, always one of my favorite judges there – when the judge unexpectedly broke for recess. Be back at 1:00 pm, he instructed the courtroom. I rushed down to the [...]
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S.D.Fla.: Inventory on impoundment of car doesn't require arrest for crime
Defendant in his rental car was stopped, and the car was overdue. The renter wanted it impounded, and the officer did and inventoried it, not for arresting defendant for a crime. “Defendant points to nothing that requires law enforcement to release an overdue vehicle to a rental customer who has no continuing legitimate claim to the car, has been overdue in returning the car for nine days, has had payment for extra days declined by her credit card, and has personalized the vehicle by adding tint to the windows, when the legitimate owner — the rental company — has requested that the car be impounded. [¶] And, once Detective Wagenmann agreed to impound the car for Advantage, he was subject to the City of Miami Gardens Police Department's inventory Policy. Nor does the fact that Detective Wagenmann did not impound the car in connection with a crime affect the analysis.” United States v. Handy, 2013 U.S. Dist. LEXIS 6517 (S.D. Fla. January 15, 2013).
The stop of the car defendant was in was valid because it had been involved in a controlled buy that day. The court finds the traffic stop also valid, arresting defendant for a cracked windshield was not improper, and the subsequent inventory was valid under department policy. The stop and search was also valid under the automobile exception. United States v. Baldenegro-Valdez, 2013 U.S. App. LEXIS 1033 (8th Cir. January 16, 2013).*
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The Law Professors' New Clothes
<font style="FONT-SIZE: 12px" face="Arial">While we're sitting on hard benches waiting for cases to be called, the legal academy is hard at work reinventing our profession without
us. <a href="http://insidethelawschoolscam.blogspot.com/2013/01/historic-levels.html" target="">Massive drops in applications</a> has made their attention imperative, even though there are
still enough to fill the seats needed to pay the cost of scholarship. So what if law schools are cold-calling qualified applicants to entice them with Ginsu knives and financing packages? If
...</font>
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D.Ore.: Connecting to a wireless router is not a waiver of privacy in one's computer
The fact defendant had previously connected to Limewire did not show no reasonable expectation of privacy in defendant’s computer files. His connection to a wireless router was also not a waiver of his reasonable expectation of privacy in the files on his computer. The government engaged in a search in getting someone to enter defendant’s computer an open a file because it was not publicly accessible. Suppressing that image leaves the affidavit without probable cause. United States v. Ahrndt, 2013 U.S. Dist. LEXIS 7223 (D. Ore. January 17, 2013), on remand from United States v. Ahrndt, 475 Fed. Appx. 656, 657 (9th Cir. 2012), for additional fact finding.
There was probable cause to arrest defendants for a drug conspiracy. The CI was fully corroborated. United States v. Johnson, 2013 U.S. Dist. LEXIS 6026 (S.D. N.Y. January 10, 2013).*
Questions of the driver during the “unavoidable lull” of the wait for information back on the DL were permissible and not a “second stop.” State v. Wiener, 2013 Ore. App. LEXIS 15 (January 16, 2013).
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OR: LPN discrepancy didn't justify calling a drug dog to stop
The officer stopped defendant for a license plate issue, and the conflicting information he gave about the driver didn’t support calling a drug dog. The continued detention for that violated the state constitution. State v. Maciel, 2013 Ore. App. LEXIS 12 (January 16, 2013).
Defendant’s girlfriend had apparent authority to consent to a search of his locked briefcase which he left with her. “That finding was supported by the evidence that, inter alia, Gonzales had been living at Duran's apartment for about a month, keeping clothes and receiving mail there; that he kept the briefcase in a shared bedroom; that he had given Duran the combination to the briefcase; and that he left the briefcase at the apartment when he spent time away.” United States v. Gonzales, 2013 U.S. App. LEXIS 1113 (5th Cir. January 16, 2013).*
Defendant consented to a search of his house when confronted on the street for drug trafficking. The only show of force was the officer holding a gun in his hand behind him when first encountering defendant. United States v. Garcia, 2013 U.S. Dist. LEXIS 6946 (E.D. Tenn. January 10, 2013).*
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More Pages to Explore .....
