No. Notwithstanding, your completing alcohol/drug treatment ahead of schedule. According to Washington State law the earliest your DUI can be dismissed is 5 years.
Can I get my Deferred Prosecution be dismissed early?
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Switched at Birth
Writers since the 18th century have been intrigued by a storyline where babies are accidentally switched at birth. This theme appears in Gilbert and Sullivan’s operettas “The Gondoliers” and “HMS Pinafore”, and Mark Twain also used this plot line in “The Tragedy of Puddin’nhead Wilson” Dozens of television shows have also featured this now-classic conundrum, including soap operas “One Life to Live” and “The Young and the Restless, primetime’s “Desperate Housewives”, now in reruns, and the current ABC TV Family network’s popular “Switched at Birth”. But how often does baby switching occur in real life? More often than it should! Some medical experts say that one in eight children are mixed-up at birth, particularly in large urban hospitals in America. This week a court in Johannesburg, South Africa, heard a case involving two four-year-olds, a boy and girl, who left the…
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Inmate rights advocate hopes his story changes minds
11-29-2014 Texas: Josh Gravens’ résumé is long and scattered: He has herded goats at a farm and repaired wind turbines in West Texas. He has peddled pest control, firewood and Christmas trees. But he hasn’t done any of those things for long — it’s hard to keep a job when you’re a registered sex offender. Now the 28-year-old Dallas resident, who is on the registry for an offense he committed
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Zeit zu trauern, Zeit zu richten
Ein Mensch ist gestorben. Tuğçe zeigte Zivilcourage, wollte zwei Mädchen helfen und wurde dadurch selbst Opfer. Dieses Schicksal lässt niemanden kalt – auch mich nicht. Doch anstatt der Trauer ihren Raum zu geben, ist schon jetzt wieder der Ruf in den Medien nach einer „harten“ Bestrafung des Täters unüberhörbar. Damit sprechen sie zwar der Mehrheit aus dem Herzen, beschädigen damit zugleich jedoch das Vertrauen in den Rechtsstaat. Zweifelsohne hat der Täter schwere moralische Schuld auf sich geladen. Doch darf man nicht verkennen, dass es sich bei diesem Fall – nach allem was man jetzt weiß – gerade nicht um eine Gewaltorgie handelte, wo noch auf jemanden eingetreten wurde, der schon am Boden lag. Eher stellt es sich so dar, dass es ein Schlag war – geführt mit der flachen Hand, nicht mit der Faust. Der Schlag beendete letztlich ein Leben, was keinesfalls zu verharmlosen…
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Florida v. Henderson - Court Rejects 4th DUI as "Isolated Incident"
A woman arrested for her fourth DUI while still on probation for the third had not committed an "isolated incident" warranting a downward departure on sentencing, Florida's Fifth District Court of Appeal ruled recently. It was the second time the case of Florida v. Henderson had been before the appellate court for sentencing issues. The first time, the trial court sided with defense, ruling a downward departure sentence was warranted because of non-statutory mitigators. Appellate court disagreed and remanded. Then, trial court decided that because her fourth DUI was her first felony DUI, the incident was "isolated," and therefore a downward departure sentence was allowed. The trial court imposed the original sentence. Appellate court again reversed, meaning defendant now faces up to five years in prison.
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Police Shootings: The Worst Discretion Wins
Some police departments have established rules for when officers can unholster their sidearms. The concern is that a time may arise when a cop should have, but didn’t, drawn his gun because of the rules. The concern is that the cop may be killed for following the rules. No one wants a cop killed, especially his department. So the New York Police Department, which has a Patrol Guide big enough to choke a carriage horse, dealing with everything from the tilt of a cop’s cap to his nose hair, has no rules as to when a cop can draw his gun. There are some New York City police officers who can count on one hand the number of times they have drawn a gun, even over decades on the force. Then there are the officers who patrol the city’s 334 public housing complexes. There are about 2,350 uniformed officers in the department’s Housing Bureau, about 1,825 of whom are rank-and-file police officers. To some of them, drawing their guns, even with no present…
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Forget Super Lawyer. What about Super Blogger?
Among the many things I’ve learned from twitter, almost everyone there is far, far more important than me. I read the bios of some of the people who follow me, and learn they are all bloggers, aspirational speakers, available for concerts and, in a surprisingly high number, rock stars. I know! Rock stars are following me! No, I have no clue why either. I’m just a lawyer. In the email the other day, I received a guest-posting pitch, which I would normally delete like the other dozen I get every day. For no particular reason, I took a look, and boy was I glad I did. This wasn’t from the usual desperate writer or gal from Bangalore trying to eek out a buck. Hi Scott, Just a quicky. Your blog http://blog.simplejustice.us excites me! it’s a great looking and well kept blog. Unusual these days! Anyway, I’m part of a team of rockstar bloggers and I blog for lots of brands. We are always on the lookout for good site to guest…
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When will I get an occuptional license instead of an Ignition Interlock License?
It depends on the reason you were suspended. In other words, which license are you eligible for. If it is for failure to pay fines, FTA's on traffic tickets or other financial reasons (i.e. accident judgement) you will likely receive...
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Stinneford on Dividing Crime, Multiplying Punishment
John F. Stinneford (University of Florida Levin College of Law) has posted Dividing Crime, Multiplying Punishments (48 U.C. DAVIS L. REV. __ (2015 Forthcoming)) on SSRN. Here is the abstract: When the government wants to impose exceptionally harsh punishment on...
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Is Big Pharma already a bigger threat to kids than Big Marijuana would be?
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Is Big Pharma already a bigger threat to kids than Big Marijuana would be?
The question in the title of this post is prompted by this interesting new piece up at The Crime Report headlined "The RX Alliance That Drugs Our Kids." Here is how the piece starts: Olivia Hernandez always trusted the doctors who scribbled out prescription after prescription for the heavy-duty psychiatric...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Xohhxe0GVW0" height="1" width="1"/>
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Truth Matters
David A. Lieb and Holbrook Mohr have this story for AP, headlined, "For some, location of Brown's hands irrelevant."The word spread within minutes of Michael Brown's death -- a young black man with his hands raised in surrender had just been shot by a white cop.Soon, "Hands Up. Don't Shoot!" became a rallying cry for protesters in the streets of this St. Louis suburb and a symbol nationwide of racial inequality for those who believe that minorities are too often the targets of overzealous police.Yet the witness accounts contained in thousands of pages of grand jury documents reviewed by The Associated Press show many variations about whether Brown's hands were actually raised -- and if so, how high.To some, it doesn't matter whether Brown's hands literally were raised, because his death has come to symbolize a much bigger movement.I disagree. Truth always matters, but especially when the goal is to cure or at least…
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Not just movie magic: Why the CCA released 'Bernie'
Grits pledged to examine all the notable outcomes from Wednesday's Court of Criminal Appeals hand down list, so I suppose I should mention the Bernie Tiede case in which the CCA granted a new punishment phase hearing to the murderer subject of a (quite good) Richard Linklater movie starring Jack Black as the eponymous "Bernie" and Matthew McConnaughey as the DA whose pleadings are now before the court agreeing to reduce the penalty category from a first to a second degree felony. Tiede has been out on bail awaiting the court's decision and reportedly living in Linklater's house. The media blew up at his release in May. (See exemplar editorial pieces pro and con.)In a surprising (to me) development, it appears the court may have used the state's new "junk science writ" to reach its conclusion, though the per curiam order did not go into detail. It merely said that the:Applicant alleges there is newly available relevant scientific evidence…
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Fatality Crash WB I90 @ 8, Post Falls (District 1)
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 PRESS RELEASE FOR DISTRICT ONE CASE # C14002646 --------------------- PRESS RELEASE ----------------------------- DATE: November 29, 2014 TIME: 10:29am LOCATION: WB Interstate 90 at milepost 8, Post Falls ASSISTING AGENCIES: VEHICLE #1 ------------- DRIVER: Shane A Novak AGE: 24 ADDRESS: Rathdrum, ID INJURIES? Fatal HOSPITAL/LOCATION TAKEN? English Funeral Home VEHICLE YEAR: 1995 VEHICLE MAKE: Buick VEHICLE MODEL: Skylark WRECKER Schaffers Towing SEATBELTS/HELMET WORN? Yes INCIDENT NARRATIVE: Novak…
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Next week's criminal law/procedure arguments
Issue summaries are from ScotusBlog, which also links to papers: Monday Elonis v. U.S.: (1) Whether, consistent with the First Amendment and Virginia v. Black, conviction of threatening another person under 18 U.S.C. § 875(c) requires proof of the defendant's...
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Update -Dust Storm Blocks Interstate 15 from Roberts to Idaho Falls
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 11/29/2014 3:45 p.m. Please direct questions to the District Office ***Update*** Both northbound and southbound lanes of travel are now open. Disp Initials JH/NH Idaho State Police is investigating multiple crashes that occurred in the area of the dust storm between Roberts and Idaho Falls. Due to low visibility and safety precautions, all vehicles involved are being left in the area until it safe to retrieve them. The Idaho Department of Transportation has officially closed both northbound and southbound lanes of Interstate 15 between milepost 119 and 135. Further information will be released when it becomes available. DSP Initials KL/KJ _________ On Saturday, November…
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PROTESTORS ARE ARRESTED FOR DENOUNCING APPARENT CORRUPTION AND IN FERGUSON HOMICIDE (PART TWO)
Former New York state Chief Judge Sol Wachtler famously remarked that a prosecutor could persuade a grand jury to “indict a ham sandwich.” Raw data, as well as the experiences of those regularly involved with the criminal justice system can attest to this. According to the Bureau of Justice Statistics, U.S. attorneys prosecuted 162,000 federal cases in 2010, the most recent year for which we have data. Grand juries declined to return an indictment in 11 of them. “If the prosecutor wants an indictment and doesn’t get one, something has gone horribly wrong,” adds Andrew D. Leipold, a University of Illinois law professor who has written critically about grand juries. “It just doesn’t happen.” Cases involving police shootings, however, appear to be an exception. It would appear, at least from media accounts, that grand juries frequently decline to indict law-enforcement officials. Especially given a certain amount of mistrust…
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Construction Zone DUI Charges
DUI Meant Death at Warm Springs Construction Site. Construction zones are particularly hazardous areas, and there are many in and around the city of Las Vegas. It is imperative to use extra caution, but on November 6, the Sun Fun reports that 21-year-old Selina Gonzalez-Gascon sped through the zone on Warm Springs Road hitting and killing a crew member and then driving on. The 49 year old construction worker was directing traffic at 2 am when she was hit.Gonzalez-Gascon, the driver of a 2008 Malibu Chevrolet had to be stopped by other construction workers after she hit the worker because she didn’t stop. In a case like this, the vehicle becomes a 4,000 pound weapon. After being taken to Sunrise Hospital and Medical Center, the worker, who was wearing safety equipment and reflexive clothing, was pronounced dead. Gonzalez-Gascon faces charges of DUI involving bodily harm, failure to stop and render aid after an accident, felony hit and run and disobeying the flagman…
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The Pleasure Of His Company: Remembering Mike Shaheen
Michael Edmund Shaheen Jr. died seven years ago today. He was the original head of DOJ's Office of Professional Responsibility ("OPR") and served in that capacity under eight Attorneys General. In March 2014, the National Archives preserved his records as...
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How Can I Be Convicted Of DWI If I Refuse To Consent To A Breathalyzer Test In New Jersey?
You don’t have to provide a sample of your breath to be convicted of DWI in New Jersey. In fact, refusal to provide a sample carries its own charge, in accordance with New Jersey’s Implied Consent law. If you are arrested for DWI but refuse to submit to testing, the prosecution can use the witness testimony of the police officer as evidence. The results of any field sobriety tests you performed, and evidence like dashboard cameras can also be used against you. You will also be charged with refusal, and even if the DWI charge is ultimately dropped, you can be prosecuted for refusal on its own. The inclusion of a refusal charge can enhance the penalties you’re facing considerably. Consult with experienced legal help when you’ve been arrested for DWI and Refusal. Call attorney Matthew Reisig today at 732-625-9660 and speak to one of New Jersey’s most experienced DWI defense attorneys.
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