Driving While Intoxicated or Driving Under the Influences cases in Missouri are continuing their evolution toward ambiguity as courts wrestle with recent changes to the BAC testing process, the science behind such testing, and even the impact the standard three field sobriety tests have on the overall guilt equation and/or retention of one’s driving privileges. All the more important to have counsel with the ability to address these issues, the experience to litigate both aspects of the DWI/DUI equation and an understanding of the forum of a particular case. John M. Lynch routinely handles DWI/DUI offenses in St. Louis County, St. Charles County, Lincoln, Warren, Franklin and Jefferson Counties. As a former police officer, trained in DWI/DUI detection and investigation, John M. Lynch has the experience to help you. The Law Offices of John M. Lynch, LLC have been notably successful in the DWI/DUI arena. Attorney John M. Lynch and his defense team have the…
The Evolution of DWI/DUI Offenses in Missouri
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Child migrants need protection, not prison
(Win McNamee/Getty Images) By Pratap Chatterjee, Executive director of CorpWatch and member of Amnesty International USA Board of Directors Since the summer of 2013, there has been an unprecedented level of unaccompanied children from Central America crossing the border into the United States. The number of apprehended children has already surpassed 66,000 from October 2013 through August 2014. This is more than twice as many children who were apprehended by U.S. Border Patrol during the same period the year before. In response to this crisis, President Obama requested that Congress provide more than $2 billion in funding to control the surge of unaccompanied children at the border and the power to expedite deportations. In July 2014, the AIUSA Board of Directors sent a letter to the president calling for reform of US immigration policy so that it is in line with international standards and obligations. We asked that the Obama administration: Ensure that unaccompanied…
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News Scan
High Court Rejects Death Penalty Appeal: The United States Supreme Court has rejected an appeal from a Texas man convicted of murder and sentenced to death in 1997. Lou Antonelli of the Daily Tribune reports that Robert Charles Ladd was sentenced to death in 1997 after being found guilty of brutally raping and murdering a woman before setting her home on fire. The victim's family is hopeful that since the appeal was denied, an execution date will be set in the near future. Illegal Immigrant Responsible for Hit and Run: Police in North Carolina revealed that the man responsible for running over two young children last week and then fleeing the scene was an illegal immigrant with an active deportation warrant. Lisa Boykin Batts of The Wilson Times reports that a county judge raised Marcos Santiaga Bautista's bond from $30,000 to more than $1 million after realizing he was a fugitive. In addition to the felony hit and run charge, Bautista has also…
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Osler on AIDS, Crack, and C. Everett Koop
Mark William Osler (University of St. Thomas - School of Law (Minnesota)) has posted 1986: AIDS, Crack, and C. Everett Koop (65 Rutgers Law Review (2014), Forthcoming) on SSRN. Here is the abstract: In 1986, Ronald Reagan’s America confronted twin...
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A Journalistic Whitewash of a Judicial Imperialist
It's generally good manners to say nice things about people on such occasions as their retirements, their funerals, or their advanced-years birthdays. Just let the bad things slide for the occasion. It is possible to go too far with that, however. Mississippi Senator Trent Lott found that out when he said, at Strom Thurmond's 100th birthday party, that America would have had fewer problems if Thurmond had been elected president in 1948. Although he later saw the error of his ways, Thurmond was a fire-breathing segregationist in 1948, and, no, it would not have been better. Lott was ousted as Senate Majority Leader.We saw something similar in the Sacramento Bee over the weekend. Denny Walsh has this unintentionally hilarious whitewash of the career of one of the worst judicial imperialists on the federal bench, U.S. District Judge Lawrence Karlton, who has finally retired for real (as opposed to the semiretired "senior…
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Nassau County Police Form 38
Defendant was convicted, after a jury trial in Suffolk County Court, of 13 counts of grand larceny in the second degree and 2 counts of grand larceny in the third degree. Subsequently, he was convicted of 36 counts of grand larceny in the second degree and 4 counts of grand larceny in the third degree in a nonjury trial in County Court, Nassau County. On these appeals, defendant contends that the People failed to prove his guilt of the crime of larceny by false promise, beyond a reasonable doubt. Specifically, he maintains that the People's proof failed to exclude to a moral certainty every hypothesis but that at the time defendant or his authorized agents induced people to invest money with him by promising them an inordinately high rate of return in a short period, he had no intention of fulfilling his promises. A Nassau County Criminal lawyer said that the true manner in which defendant obtained possession of the money and the uses to which those funds were applied…
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Penalties For DUI With Priors In Orange County
DUI’S WITH PRIORS If you have been arrested for driving under the influence in Orange County California, hiring an experienced DUI Defense Lawyer should be your first step toward getting the DUI arrest behind you. Although a conviction for first time DUI will result in penalties and fines, having an aggressive Orange County DUI defense attorney can help to mitigate the severity of the consequences. It is true that a first-time DUI can cause extreme stress in someone’s life but, being arrested and charged with a second, third or fourth DUI is very serious and can have long lasting, and devastating effects on a person’s life for years to come. At the very least, consulting with an attorney who has experience in dealing with prior offense DUI’s, will give you an idea of what you may be facing and, whether or not the District Attorney has a slam-dunk case against you. When dealing with a new DUI arrest with priors, it is absolutely crucial that your attorney…
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BGE 5A_299/2014: Eintragung eines Bauhandwerkerpfandrechts bei Stockwerkeigentum
In der Zeitschrift "Hauseigentümer" vom 15. September 2014 wird ein neueres Urteil des Bundesgerichts (5A_299/2014) besprochen. In casu beantragte ein Gartenbauunternehmer die Eintragung eines Bauhandwerkerpfandrechts auf den Stammgrundstücken und nicht auf den einzelnen Stockwerkeinheiten. Da aber einzelne Stockwerkeinheiten bereits mit Pfandrechten belastet waren, konnte aufgrund von Art. 648 Abs. 3 ZGB das Bauhandwerkerpfandrecht nicht auf den Stammgrundstücken eingetragen werden.Das erstinstanzliche Gericht wies das Begehren des Unternehmers jedoch nicht ab, sondern verteilte den Betrag selber anteilsmässig auf die einzelnen Stockwerkeinheiten, woraufhin das Grundbuchamt diese Pfandrechte vormerkte. Dagegen wehrten sich die betroffenen Eigentümer und machten Folgendes geltend: Da das Gartenbauunternehmen die Belastung der Gesamtliegenschaft beantragt habe, hätte das Gericht nicht von sich aus die einzelnen Einheiten belasten…
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Rich People in Prison
One gripe we hear all the time is that defendants with money invariably get away with their crimes or at least get off easy. It's not true. R. Scott Moxley at O.C. Weekly reports on the background of the murder conviction reinstated by the U.S. Supreme Court on Monday and noted in this post. It turns out that defendant Marvin Smith was a multimillionaire. The rich and famous Phil Spector is also a permanent guest of California taxpayers. In Delaware, big time political mover and shaker Thomas Capano was sentenced to death. He got off death row the same way thousands of others have -- the Supreme Court changed the rules after the trial was over.What about O.J. Simpson? His acquittal was mainly the result of racial dynamics in the wake of the Rodney King riots. The dream team wasn't all that dreamy. The prosecution proved his guilt sufficiently to convince an unbiased jury beyond a reasonable doubt; the problem was…
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Jury Deliberations
Today the U.S. Supreme Court heard oral argument in a civil case that criminal law practitioners should be aware of. The Question Presented in Warger v. Shauers, No. 13-517 is:Whether Federal Rule of Evidence 606(b) permits a party moving for a new trial based on juror dishonesty during voir dire to introduce juror testimony about statements made during deliberations that tend to show the alleged dishonesty.This rule applies to civil and criminal cases alike. Although a U.S. Supreme Court opinion on the Federal Rules of Evidence is binding precedent only in federal courts, we can expect it to be strongly persuasive in state courts as well, especially in states that have copied the federal rules.
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Headmaster at Prestigious California Prep School Arrested on Drug Charges
Yesterday, it was announced at The New York Times that administrators at Branson School, a prestigious prep school in California, were attempting damage control after the headmaster and a 21-year-old woman who was not his wife had been arrested on felony drug charges at a local hotel. Thomas Woodrow Price, the 54-year-old headmaster, was arrested on Friday in Rancho Cordova after police found methamphetamine, cocaine, and heroin in a hotel room where Price and the young woman, who was passed out on a bed, were found. According to the news article, police found an amount of drugs large enough to charge Price and the 21-year-old woman, Brittney Hall, with possession of methamphetamine for sale. Branson School has one of the highest annual tuitions of any prestigious high schools in the nation, according to the article, at $40,000. Price’s annual salary was said to be approximately $500,000 per year. Price, who was known as “Woody” by friends and co-workers,…
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Dowagiac Sex Offender Found Guilty of Molesting Child Less Than 10 Years Old
Last week, 30-year-old Timothy Solloway of Dowagiac was found guilty of sexually molesting a child less than 10 years old, according to a news article at Mlive.com. Solloway had prior sex offenses and was convicted of first-degree criminal sexual conduct. According to Cass County Prosecutor Victor Fitz, Solloway was also convicted on two counts of sex offender registry violations. Because of the victim’s age, the minimum mandatory sentence for his first-degree CSC conviction is 25 years. The maximum punishment for this offense is life in prison. Solloway has been required to register as a sex offender since he was convicted of fourth-degree criminal sexual conduct in 2001. The victim was allegedly assaulted by Solloway at his residence in July of last year. Fitz’s statement also indicated that the child’s mother took the child to a local hospital, where it was found by a nurse that injuries, including abrasions and tears, were indicative of sexual assault.…
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How can I avoid SR-22 insurance with a DUI arrest?
First, you would have to win the Department of Licensing (DOL) Administrative (Civil) Hearing that comes with every DUI arrest with a breath test over .08 {both samples} or a refusal. Second, the DUI charge would have to be dismissed,...
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Dallas Ebola Victim: No Evidence of Intent to Deceive; DA Assault Charges Were Wacky
Ebola victim Thomas Eric Duncan died early this morning at Texas Presbyterian Hospital here in Dallas, where he had been quarantined and isolated from all human contact for the past 14 days. It’s sad to think that Thomas Duncan died alone. Our sincerest condolences to his family and loved ones who are grieving their loss today and who were denied the ability to be near him as he passed. Some may not agree with that sentiment – they have no sympathy for Mr. Duncan right now. Many are angry with this man, and there’s lots of chatter about how he must have lied to enter the United States for treatment. Many assume without investigation that Thomas Duncan was a sneak and a manipulator who weaseled his way into Dallas for medical treatment because he knew he had Ebola and he knew he would die of Ebola if he stayed in Liberia. This attitude apparently includes our District Attorney, since Craig Watkins announced last week that he planned on…
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Ninth Circuit panel chastises prosecutors for breaching "fast-track" plea agreement
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New Jersey Supreme Court Rules on Sentencing Factors in Careless Driving Cases
Every New Jersey resident knows about the importance that driving plays in everyday life in the State. Free and easy access to a car is a prerequisite to many daily activities. At the same time, motor vehicle infractions are a common occurrence in the State. Most New Jersey drivers will receive a motor vehicle summons for a moving violation, and be required to appear in a New Jersey Municipal Court, at some point during their driving career. Careless driving is one of the most common moving violations in New Jersey. A conviction for this offense will, at a minimum, result in a charge of two points against a license, as well as the imposition of fines. Depending upon the facts and circumstances of the case, a Municipal Court judge can also impose a license suspension and jail time in a careless driving case. In the recent decision of State v. Palma, decided September 30, 2014, the Court outlined the factors that municipal judges are…
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Adrian Peterson Trial Set to Begin December 1
Adrian Peterson is tentatively set to appear in court on December 1 to defend himself against allegations of felony child abuse. Peterson and his attorney Rusty Hardin did not enter a plea Wednesday, but a statement issued through the attorney said they plan to see the case through to the end. “Adrian is going to trial – he is not looking for a deal,” Hardin said through a spokesman. Peterson hasn’t played for the Vikings since the charges were made public, and the team is content to wait until the off-field drama plays out before deciding when to reinstate the star running back. The defense has asked for an expedited trial in an effort to salvage some of the remaining NFL season, so it’s possible that the trial could begin in November if other cases are removed from the docket. Hardin said he’s looking forward to resolving the matter. “Look, this is a really good man that I am incredibly proud to represent,” Hardin said of…
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Kirkup on Information about HIV Non-Disclosure Cases
Kyle Kirkup (University of Toronto - Faculty of Law) has posted Releasing Stigma: Police, Journalists, and Crimes of HIV Non-Disclosure in Canada (Ottawa Law Review, Vol. 46, No. 1, 2015) on SSRN. Here is the abstract: In 2010, a 29-year-old...
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Vehicle and Traffic Law § 1192 (8)
The court, in this appeal, is faced with the issue of whether Vehicle and Traffic Law § 1192 (8) allows an out-of-state conviction occurring prior to 1 November 2006 to be considered for purposes of elevating a charge of driving while intoxicated from a misdemeanor to a felony. The court holds that it does not. Pursuant to Vehicle and Traffic Law § 1192 [3] and Penal Law 195.05, the Defendant was indicted for driving while intoxicated as a felony and for obstructing governmental administration in the second degree for acts committed on 22 February 2007. As the basis for elevating defendant's driving while intoxicated charge to a felony, the People filed a special information charging that defendant had a 1999 conviction for driving with an unlawful alcohol concentration in the state of Georgia, which would have been a violation of Vehicle and Traffic Law § 1192 (2) had it occurred in New York. The defendant moved to dismiss the criminal indictment raising…
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News Scan
Florida Teen Sentenced to Life in Prison: A Florida teen convicted of murdering two people during a carjacking attempt in 2011 has been sentenced to spend the rest of his life behind bars. NBC Miami reports that 19-year-old Eric Ellington told authorities that he shot one of his victims 11 times at point blank range because he "didn't look scared enough" when Ellington demanded that he get out of his vehicle. Ellington's two accomplices at the time of the killings have also been charged with first-degree murder and are awaiting sentencing.Man Extradited in Decades-Old Cold Case: A California man has been extradited to Kentucky in order to face charges in the murder of a 20-month-old baby more than 40 years ago. Matthew Glowicki of The Courier-Journal reports that 65-year-old Lawrence Beck brought his girlfriend's son to the hospital in December of 1971 claiming that the child was unresponsive due to illness. Doctors were unable…
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