In 1981, John Thompson was able to convince two of the top high school basketball players in the nation to come to D.C. to play for Georgetown. Landing either recruit would have been a major accomplishment; getting both seemed too good to be true. There was lots of debate on campus as to which player […]
Ralph Who? The Basketball Great You’ve Never Heard Of
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Facing a Felony? Call Potter Criminal Defense
Facing Felony Charges? Call Potter Law Offices A felony charge can reduce your chances of landing a new job, change the way that loved ones think and feel about you and even impact the way you live your life. Here at Potter Law Offices, we realize that every situation is different, which is why we […]
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 669 Last Words: A Survey and Analysis of Federal Judges' Views on Allocution in Sentencing Mark W. Bennett and Ira P. Robbins U.S. District Court...
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Florida Police Can Order Blood Draw in DUI Manslaughter Case Where There is Evidence of Impairment
In a normal DUI case in Florida, where there is no accident with serious injury or death, the police do not request or seek to obtain a blood sample of the defendant to test for alcohol content. The procedure is often different when a DUI case does involve an accident with serious injury or death.
In a DUI manslaughter case near Jacksonville, Florida, the defendant failed to yield and caused a crash that killed the other driver. A police officer responded to the scene and observed that the defendant appeared to be impaired from alcohol. The police officer testified that he smelled an odor of alcohol coming from the defendant and she was belligerent with multiple police officers. As a result, he ordered the defendant to submit a blood sample that was later tested and found to have an alcohol concentration above the legal limit in Florida of 0.08.
The criminal defense lawyer filed a motion to suppress the blood alcohol test results claiming the police officer did not have a right to order a blood sample taken from her and tested without a search warrant. The Florida implied consent law means DUI cases are treated differently when a serious injury or death is involved. In that case, if the police officer has probable cause to believe the person who caused the accident was under the influence of alcohol or drugs, the police officer has a right to order a blood draw and test it for alcohol content. Implied consent means a driver consents to this process when he/she agrees to accept a driver's license in Florida.
The state also argued that exigent circumstances existed that allowed the police officer to obtain the blood sample without a warrant. One exception to the general rule that the police must get a search warrant to search a person, including getting a blood sample, is the exigent circumstances exception. This exception applies when the police do not have time to get a search warrant and there is a risk that evidence might be lost. In the case of a DUI manslaughter, the court discussed how the police officer responding to the crash scene has to take time to sort out what happened and then has to evaluate the driver to see if there is evidence of impairment. Once that is done, it still may take a couple of hours to obtain a search warrant. Since alcohol continually dissipates in the blood, the evidence of blood alcohol content may be gone by the time the suspect driver has his/her blood drawn. In such cases, it is possible that the police could use the exigent circumstances exception to more quickly obtain a suspected DUI driver's blood without applying for a search warrant.
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Injury crash US12 milepost 28 Lenore
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
Idaho State Police
Regional Communication Center - North
615 W Wilbur Ave
Suite A
Coeur d'Alene, Idaho 83815
Please direct questions to the appropriate District Offices
District 1 (208) 209-8620 Fax (208) 209- 8618
District 2 (208) 799-5150
CASE # L14000323
--------------------- PRESS RELEASE -----------------------------
DATE: 4/12/14 TIME: 2:00 PM LOCATION: US12 milepost 28 Lenore
ASSISTING AGENCIES:
VEHICLE #1
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DRIVER Brooks C Lecates AGE: 22
ADDRESS Lewiston ID
INJURIES? - Yes
HOSPITAL/LOCATION TAKEN St Joseph Hospital
VEHICLE YEAR 2008 VEHICLE MAKE Yamaha VEHICLE MODEL motorcycle
WRECKER none
SEATBELTS/HELMET WORN? Yes
INCIDENT NARRATIVE: Lecates was traveling eastbound on US12 at milepost 28.2. He failed to negotiate a corner and lost control. He was ejected from the motorcycle prior to going over the embankment. He was wearing a helmet but it came off during the crash.
DSP INITIALS bb
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Law enforcement officers should not be restrained
A New York Marijuana Possession Lawyer said that, criminal defendant makes this motion to suppress as evidence the marijuana seized by the police which is the basis of the indictment here. The record discloses that about 3:30 A.M. on May...
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Underage Drinking Laws “Heavily Enforced” Following Death of ASU Student in Tempe, AZ
Naomi McClendon, an 18-year old ASU student, died after falling 10 stories off a balcony ledge of an apartment complex near the school’s Tempe Campus during the first weekend in April. Earlier that night, McClendon had been drinking at an unaffiliated ASU party, hosted by Alpha Epsilon Pi, a fraternity that has been in trouble many times before with ASU for alcohol-related violations, and as a result, has not been recognized by the college for some time. “McClendon’s death is a stark reminder of the dangers of underage alcohol consumption,” said a Tempe Police Department representative. What to Expect fromThe post Underage Drinking Laws “Heavily Enforced” Following Death of ASU Student in Tempe, AZ first appeared on Criminal Defense Law.
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Senate Commerce Committee Approves Bill Ensuring Forensics Practices are Based on Best Science
The Senate Committee on Commerce, Science and Transportation approved the Forensic Science and Standards Act of 2014, establishing scientific review and standards for forensic sciences, Wednesday. The bill, which was introduced by Committee Chairman John D. (Jay) Rockefeller IV, was unanimously voted out of committee by a bipartisan voice vote and clears the way for the bill to be considered by the full Senate. Unvalidated and improper forensic science is one of the greatest contributors to wrongful convictions, playing a role in nearly half of the 316 cases later overturned by DNA evidence. The landmark 2009 National Academy of Sciences' report, Strengthening Forensic Science in the United States: A Path Forward, found that there is a desperate need to improve the validity and scientific quality of forensic evidence.
The Forensic Science and Standards Act would employ existing scientific agencies to develop and direct forensic research and set and implement standards for the forensic disciplines, helping to ensure that these disciplines are based on solid, reliable research.
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Getting a Restricted Virginia Driver’s License After an Out of State DUI
If you possess a Virginia Driver’s License and ge […]The post Getting a Restricted Virginia Driver’s License After an Out of State DUI appeared first on Reckless Driving and Traffic Defense Attorney.
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Secret Drugs, Agonizing Deaths
That's the title of an OpEd published in today's New York Times, written by Megan McCracken and Jennifer Moreno. They are attorneys with the Death Penalty Clinic at the University of California, Berkeley, School of Law. Here's the beginning: FACING...
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Illegale Einwanderung: Sanktionen gegen Airlines befürwortet
Airlines drohen künftig Bussen, wenn sie Passagiere ohne gültige Reisepapiere in die Schweiz fliegen. Der Ständerat hat am 19. März 2014 als Erstrat Gesetzesänderungen gutgeheissen, mit welchen der Bundesrat die Airlines im Kampf gegen illegale Einwanderung stärker in die Pflicht nehmen will. Schon heute (Art. 120a AuG) dürfen Fluggesellschaften keine Passagiere in die Schweiz transportieren, die nicht über die nötigen Papiere verfügen. Nach Einführung der entsprechenden Strafnorm im Jahr 2008 eröffnete das Bundesamt für Migration 25 Strafverfahren gegen 13 Fluggesellschaften. Die Verfahren, die 188 Passagiere betrafen, wurden jedoch allesamt eingestellt, weil sie wegen rechtlicher und praktischer Probleme nicht mit einer Verurteilung hätten abgeschlossen werden können. Seither wurden keine neuen Verfahren eröffnet. Selbst in klaren Fällen könne mit der heutigen Regelung keine Busse ausgesprochen werden, sagte Justizministerin Simonetta Sommaruga. Zwischen 2010 und 2013 hätten die Flughafenbehörden jährlich rund 1'000 Personen wegen fehlender Papiere die Einreise verweigern müssen. In keinem Fall sei die Fluggesellschaft gebüsst worden. Umkehr der Beweislast: Deshalb soll nun das Gesetz geändert werden. Bisher mussten die Schweizer Migrationsbehörden beweisen, dass eine Fluggesellschaft ihre Kontrollpflichten verletzt hat. Künftig sollen die Behörden nur noch nachweisen müssen, dass das Unternehmen einen Passagier ohne nötige Papiere befördert hat. Kann die Airline nicht nachweisen, dass es alle zumutbaren Vorkehrungen getroffen hat, damit nur Personen mit Reisedokumenten befördert werden, muss es eine Busse bezahlen. Der Ständerat hat entsprechende Änderungen des Ausländergesetzes mit 35 zu 0 Stimmen gutgeheissen. Fluggesellschaften, die ihre Sorgfalts- oder Meldepflicht verletzen, sollen zwingend mit einer Busse von 4'000 Franken pro beförderte Person bestraft werden. Der Bundesrat hatte eine «kann»-Formulierung vorgeschlagen. Bei schweren Fällen soll die Belastung 16'000 Franken pro Person betragen. Bei leichten Verstössen könnte von der Eröffnung eines Verfahrens abgesehen werden. Passagier-Informationssystem: Weitere Gesetzesanpassungen betreffen das Informatiksystem für Passagier-Informationen. Das Bundesamt für Migration kann von Fluggesellschaften für ausgewählte Flüge aus Nicht-Schengen-Staaten vor dem Abflug die Übermittlung von Passagierdaten verlangen. Bisher genügten jedoch die Rechtsgrundlagen nicht, um das dafür entwickelte Informatiksystem in der Praxis einzusetzen. Über die Gesetzesänderung muss nun noch der Nationalrat befinden. Stephan Hirt
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North Carolina Supreme Court Hears RJA Case
"NC high court to review sentences changed under Racial Justice Act," is by Anne Blythe of the News & Observer of Raleigh, North Carolina. The Racial Justice Act was repealed by state lawmakers almost a year ago, but questions about...
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15A-1335: When Is a Sentence “More Severe”?
G.S. 15A-1335 provides that when a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe than the prior sentence less the […]
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Nassau County man charged with DUI after colliding with police care
A Nassau County man was arrested and charged with DUI this month after he drove into the back of a police car. The driver hit the patrol car driving on Florida 200 about 7:35 p.m. one April evening, according to a report in the Florida Times-Union. The police officer and his passenger were both taken to the hospital for injuries that were not life-threatening, the newspaper reported. The driver in this Nassau County DUI Case is now facing a first-degree misdemeanor, with a maximum penalty of six months in the county jail.
The level of injury to the officer and his passenger are very important in this Nassau County DUI Case. Had either suffered serious injuries, the suspect would be facing a felony charge instead of just a misdemeanor. DUI Causing Serious Bodily Injury in Florida is a third-degree felony punishable by up to five years in state prison. In this Nassau County DUI Case, the two victims were taken to the hospital, but primarily as a precaution, the newspaper reported. According to Florida law, serious bodily injury is defined as "an injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ." If there is a crash with serious bodily injury, police can then test the blood of the driver to determine if the driver has alcohol in his or her system. That is not legal in an ordinary Nassau County DUI Case. In fact, if a person is stopped for suspicion of DUI, the driver does not have to submit to field sobriety exercises or to a breath test. Now, refusing the exercises will likely lead to the driver's arrest and there are other specific penalties for refusing to take a breath test - which is typically done at the jail when a person is being booked. The other side of that coin is a breath test is often one of the biggest pieces of evidence in Nassau County DUI Cases, so that would be one less piece of evidence the state has in the case. The problem is that many jurors sometimes think that a refusal is done for a reason and could be taken as a sign of guilt.
Just as Nassau County DUI penalties escalate when a person is seriously injured, they also go up when a person has multiple DUI convictions on his or her criminal record. That can make it imperative to have a Nassau County DUI Attorney representing you. Many people choose to plead guilty at first appearance court to get out of jail and move on, but that is generally not in their long-term best interest. Our Nassau County DUI Attorneys can discuss the consequences of a plea versus fighting the charge, and will make sure you have all of the information you need at your disposal.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Nassau County DUI Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.
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HOW TO AVOID BEING INVOLVED IN A ROAD RAGE INCIDENT & WHAT TO DO WHEN IT BECOMES A CRIME
Here in Florida the summer heat can bake your parked car's inside temperature to over 120 degrees in ten minutes. No wonder the hot cities of Florida often rank in surveys as the worst places for road rage incidents. Road Rage Coyote & Road RunnerAll of us occasionally make mistakes while driving. When you see someone make a stupid driving mistake don't rub it in their face nor even their hood. And if another driver accuses you of making a driving mistake, remember that the best rule of the road when confronted is not to let the finger pointing escalate to name calling or yelling. After all this if Florida where a retired police officer recently was accused of shooing an unarmed man at a theater for texting on his phone. Here are five rules to help you avoid being involved in a road rage incident where you may be arrested for an alleged criminal act no matter who is really at fault.1. You should assume that the other driver is armed with guns, knives and other weapons and act accordingly. If you think the other driver is armed then it makes sense to stay as far from his vehicle as possible.2. You should assume that everything you say or do is being recorded in video and audio. Not only will other vehicles will have plenty of occupants with cell phone cameras ready, there are also cameras along many roads, at intersections and along the businesses by the road.3. You should never pull your car over to have it out with the other driver. If the other driver pulls over in hopes of fighting it out, use the opportunity to get far away. Nothing is going to be accomplished other than risking the safety of everyone in both vehicles.4. If the other driver is using his vehicle as a weapon in an aggravated assault by driving too close to you in a threatening manner, call 911 while trying to drive to the nearest police station or other area of apparent safety.5. As soon as an incident occurs do your best to de-escalete the situation. What are the possible criminal charges awaiting drivers involved in road rage? Criminal charges begin with any threat to the other driver using any weapon used during the coarse of the incident. Under Florida law the legal definition of weapon may include the vehicle itself if the car is used to threaten someone; for example, by pulling away just before a collision with the purpose of scaring the other driver which would constitute an aggravated assault. If a car actually does touch or strike the other car, then depending upon the damage and injury to the passengers and driver, Tampa Bay police could charge either battery or aggravated battery. Clearly a weapon fired or thrown from a moving vehicle could also result in battery or aggravated battery charges as well as throwing a deadly missile charge. If there is a collision and the driver fails to remain at the scene to render possible aid charges of hit and run will likely be filed. Further, police and prosecutors have will bring charges of vehicular homicide if a death results or murder charges if there was heat of passion or sufficient time for premeditation before the death.The problem in many of these cases is that both drivers may be viewed by law enforcement as being at fault for allowing a bad situation to escalated into something far worse where people end up being injured. Because of the significance of the aggravated felony charges, even someone without any criminal history could find himself not only arrested but also facing a possible long term of prison if criminal charges are filed. Therefore it's always important to avoid road rage situations that could easily escalate ruining the lives of everyone in both cars.
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McKoski on the Lawyer's Duty of Candor to a Client
Ray McKoski has posted The Truth Be Told: The Need for a Model Rule Defining a Lawyer's Duty of Candor to a Client (99 Iowa L. Rev. Bull. 73 (2014)) on SSRN. Here is the abstract: As a fiduciary and...
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Smile, You’re on Red Light Camera
Many California drivers have attempted to appeal their red light ticket in court. Soon the courts will decide whether or not red light tickets will be admissible or not throughout the entire state.
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Why Bank Records Are Usually Off Limits to Investigators
Each week we receive calls from people, many of them attorneys, asking us if we can obtain bank records as part of our asset searching. The short answer is, though we probably can obtain the records, we absolutely will not. Obtaining bank records without a court order is illegal, unless they happen to be abandoned on public property.
Of course, there are some investigators that will tell you they can get bank records. Just the other day an attorney told us that a North Carolina investigator got him bank records a few years ago with a social security number. We explained that, in most cases, investigators gain access to account information by pretending to be the account holder, also known as pretexting. Anyone who has dealt with a bank before knows that they tend to ask those seeking access to an account to verify they are the account holder by providing their social security number.
Pretexting to get bank records is expressly illegal under The Gramm-Leach-Bliley Act, violations of which are punishable by hefty fines, up to 5 years in prison or both. In addition to penalties under The Gramm-Leach-Bliley Act, think about how the bank records are going to be used. If you’re engaged in litigation, consider the judge’s perspective. Judges might not take kindly to those evading judgment, but you can also bet they don’t like when judgment-plaintiffs use unlawful means to obtain bank records and will readily exclude them from evidence.
An additional word of caution--if you ask your investigator to get bank records and they do so unlawfully, you, not just your investigator, could be on the Gramm-Leach-Bliley hook as well. The law also prohibits hiring a third party to obtain bank records through false pretenses. Further, attorneys should know that the rules of professional conduct bar an attorney from hiring someone to do something that the attorney himself is not permitted to do.
We prefer to get financial information another way. We comb the public record and conduct interviews that often produce results that are just as valuable to our clients as bank records. Perhaps your debtor owns a $2 million vacation home in Miami or owns three companies with which you were unaware they were even affiliated. We can and do find this kind of information regularly and our clients rest assured that they won’t face time in prison because their investigator broke the law.
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Dundalk Maryland Lawyer G Randolph Rice Jr. 410-288-2900
Dundalk Maryland Lawyer Randolph Rice's latest video blog. Call the office if you have a new matter and need legal help in Dundalk, Maryland. 410-288-2900.
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News Scan
CA Murder Suspects had Lengthy Criminal Past: Police in Southern California have arrested two registered sex offenders as the prime suspects in the murders of four women. The Associated Press reports that both men were being supervised by police after...
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