What is the Difference Between a Traffic Investigation and a DUI Investigation? Traffic Investigation: If you have ever had the misfortune of being involved in a traffic accident, you knowthat the process can be stressful and traumatic. In most cases, a police officer or crash investigator will respond to the scene and conduct an investigation. When called to the scene of an accident, the officer is required to write an accident report. Witnesses are not required to stay at the scene and report to the officer. If the officer at the scene suspects that either driver is under the influence of alcohol or other drugs, he may perform a series of tests to confirm or dispel his suspicion. In some cases, where the accident results in serious bodily injury or death, a driver suspected of being under the influence of drugs/alcohol may be compelled to have blood drawn to determine their respective degree of impairment. Fla. Stat § 316.645 gives police officers the power to make an…
Difference Between a Traffic and DUI Investigation
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Texas Man Allegedly Had Blood Forcibly Drawn without Consent After DUI Arrest
Los Angeles DUI laws are very particular about what can and cannot be used as evidence during a DUI case. The following Texas case depicts what can happen if police officers don’t follow appropriate protocol. According to news reports, in early January, an allegedly DUI driver, Joel Garcia, slammed into another car after speeding through a red light. The crash killed three people. Garcia’s own injuries were severe enough to warrant pain medication. Police had been afraid that the medications would lead to a false positive for DUI on his blood test, so they withdrew blood without his consent. Garcia’s lawyer later protested that forcible removal of blood violated his rights. Texas, alongside many other states, allows police officers to engage in certain probing investigative activities without needing warrants following grievous injury or death. Due to Garcia’s alleged actions, three people were dead. The police believed that the seriousness of the…
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Understanding Your Right to Remain Silent
When Genevo Salinas, a suspect of the 1992 murder of brothers Juan and Hector Garza, remained unresponsive to a single question following an hour of police interrogation, he believed he was acting on his Fifth Amendment rights. However, Salinas was convicted on account of his silence when police asked if a shotgun taken from his home would match the shells found at the crime scene. Such an action, the jury presumed, suggested guilt. In 2013, the United States Supreme Court ruled the contested case proper, forever altering the understanding of “the right to remain silent.” The Salinas v. Texas outcome established the new necessity of explicitly declaring the right to refuse a response. Even more concerning, with the ambiguities of interpreting the Fifth Amendment and Miranda Rights, it seems that suspects need to know to initiate such a statement without prior warning from police or the guidance of a lawyer. A Constitutional Protection Gone Awry…
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A Superbowl Sex Sting Poem
As a warning for those who might think it wise to blog after judging a beer competition, I present without further ado a Superbowl sex sting poem for your enjoyment: ‘Twas the night before the Superbowl, when all through the state, Not a hooker was stirring, who wasn’t a fake; The cops posted their escort ads on the internet with care, In hopes that potential Johns soon would surf there; The police were nestled all smug on their hotel room beds, While visions of entrapped soon-to-be sex offenders danced in their heads; And Adrian straightening his tie, and I in my suit, Had just settled down to field calls about police houses of ill repute, When from our office phones there arose such a clatter, I sprang from my chair to see what was the matter. Away to the jail I flew in a flash, Tore open my law book and had the client rehash. The wrinkles on the face of the undercover cop Gave the look of old age even with the tube top, When, what to the client’s…
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Single Vehicle Rollover Near Malta
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- 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: 1/30/15 - 11:55 p.m. Please direct questions to the District Office On Friday, January 30, 2015, at 5:40 p.m., Idaho State Police investigated a single vehicle injury crash west of the Malta exit on I84 in Cassia county. Ashley Burns, 26, of Evanston Wyoming, was travelling westbound near milepost 238, in a 2006 Chevrolet Malibu, when she lost control of the vehicle and left the right side of the roadway. The vehilce rolled several times before coming to a stop. Burns' juvenile passenger, age 6, was ejected from the vehicle during the crash. Ashley and her passenger were transported by ground ambulance to Cassia Regional Medical Center in Burley. The juvenile was…
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Sheriff: Why sex offenders live in our communities
1-31-2015 Wisconsin: Throughout the years I have written articles pertaining to many topics that affect the overall safety of our communities. From theft and fraud prevention to animal bites and cold weather preparation, there is never a shortage of issues in which helpful information can be shared. This week I would like to cover some information regarding sex offenders and the guidelines
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The Need To Resign
Most people who serve on committees are “joiners,” the types of people who desire to be on boards, or committees, or groups so they can say they are and feel as if they must be very important people because they are part of the in-group. Most committees, because of the nature of group dynamics combined with the nature of joiners, are at best a waste of time and at worst dangerous. As the saying goes, a camel is a horse designed by committee. But Southern District of New York Judge Jed Rakoff doesn’t need to be on a committee. He was, because the president appointed him, but only as long as he wasn’t wasting his time or worse. As it turned out, it was worse. Judge Rakoff’s letter of resignation from the Justice Department’s Commission on Forensic Science: Last evening, January 27, 2015, I was telephonically informed that the Deputy Attorney General of the U.S. Department of Justice has decided that the subject of…
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Who’s That Knocking At My Door?
At WaPo’s The Watch, Radley Balko has a fascinating discussion of the history of no-knock warrants which includes discussion by Reason’s Jacob Sullum. The no-knock raid is different from other raids in that it dispenses with the knock-and-announce requirement. This requirement, which dates back centuries to English common law, is part and parcel with the Castle Doctrine, the idea that the home should be a place of peace and sanctuary and that even when police have just cause to search a house, residents should be given every opportunity to come to the door, answer peacefully and let the officers in, thus avoiding damage to their property and violence to their person. (It also gives innocent residents the opportunity to point out to the police that they have made a mistake.) Under the Castle Doctrine, suspects are presumed innocent until proven guilty. The law has always given special protection to the home, except when it doesn’t. It’s not…
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The Myth That Won’t Die
We were out to dinner at a pedestrian steakhouse last evening with a couple we’ve known for a very long time. After running the course of the usual conversations, my pal Ralph mentioned that he was concerned for his niece who was a freshman at college because he hears there is a rape epidemic. Oh crap. He explained to me that 1 in 5 college women were raped. I explained to him in return that the number was nonsense, a bit about the statistical failings until his eyes started to glaze over, and then about the Bureau of Justice Statistics number of .61%, not 20%. I had lost him. For the handful of us who aren’t dedicated to perpetuating a lie that supports a political position, that the 1 in 5 is nonsense is old news. And yet, the media continues to perpetuate the myth, fact-checkers be damned. And it’s not yet done. In the February 5th edition of the New York Times Review of Books, Zoë Heller writes about rape on campus. And…
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After adopting new execution drug laws, Ohio delays all executions for additional year
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Imagining a SuperBowl party with the Koch brothers, Al Franken, Rob Portman, David Keene, Piper Kerman and Van Jones
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Federal Drug Conspiracy Cases Dismissed
Aggressive litigation by federal defense attorneys concerning over-zealous federal drug-war strategies resulted in federal prosecutors in the Northern District of Illinois, specifically Chicago, dismissing federal conspiracy charges these tactics have generated. The article in the Chicago Tribune on January 29, 2015, written by reporters Annie Sweeney and Jason Meisner, is entitled "Chicago Prosecutors Quietly Drop Charges Tied to Drug Stash House Stings." The lengthy article states that federal prosecutors in Chicago have dismissed conspiracy drug charges against more than two dozen defendants accused of ripping off drug stash houses as part of controversial undercover stings that have sparked allegations across the country of entrapment and racial profiling.
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Murder By Alpha
Sohrab Ahmari has this article in the WSJ:"It has been described as one of the most dangerous post-mortem examinations ever undertaken in the Western world, and I think that's probably right."So testified forensic pathologist Nathaniel Cary on Wednesday, the second day of the inquiry into the 2006 poisoning death of Russian defector Alexander Litvinenko. The proceeding, held at the Royal Courts of Justice, aims to examine the circumstances under which Litvinenko was murdered with radioactive polonium-210, a highly unusual poison and one of many Hollywood-ready elements of the case that has made it a tabloid fixture for nearly a decade.* …
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Sex offender from South Carolina pleads guilty for failing to register in Jacksonville
A man convicted of a sex crime in South Carolina pleaded guilty to failing to properly register when he moved to Florida. The man now faces up to 10 years in federal prison after pleading guilty, according to a report in the Florida Times-Union. The man was convicted of criminal sexual conduct with a minor in South Carolina in 1998. He moved to Jacksonville from Maryland and, when he did, used a false address when applying for a Florida identification card, the newspaper reported. In Florida, it is a third-degree felony when a sex offender does not register with police as required by the terms of a person's conviction. In cases that cross state lines, police and prosecutors may decide to prosecute the case in federal court, rather than in state court. In this Jacksonville Sex Crimes Case, the decision was federal court. The punishment in federal court for this offense - a maximum of 10 years in prison - is double the five-year maximum sentence the suspect was facing for…
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Will I Have To Return To New Jersey For Court If I Was Charged With DUI/DWI While Visiting The State?
You may have to return to New Jersey for court or to handle penalties if you’re convicted of DUI/DWI while visiting the state. If you are convicted as a first time DUI/DWI offender, you will be ordered to spend 12-48 hours at a state Intoxicated Driver Resource Center (IDRC), with the possibility of up to 30 days in jail. Obviously, these penalties can pose a huge inconvenience for you as a resident of another state. An experienced New Jersey DUI/DWI lawyer can provide you with legal guidance and representation that can help reduce your exposure to sanctions that may cost you time and money, and in some cases can even help you beat a DUI charge entirely. Every DUI/DWI case is different. If you were arrested for DUI/DWI while visiting New Jersey, call attorney Matthew Reisig today at 732-625-9660 for a free consultation with one of New Jersey’s most experienced DUI/DWI attorneys.
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I Think My DUI Stop In New Jersey Was Illegal. Can I Fight A DUI Charge On Probable Cause Grounds?
Absolutely, if police engaged in unlawful conduct during a stop, or you believe they stopped you without probable cause, that is solid ground on which to challenge the DUI/DWI charges against you in New Jersey. When an illegal stop is made that results in an arrest, a judge can decide that everything that happened from the moment of the illegal stop will be disallowed from the proceedings, with the effect of throwing out the case against you. It’s important to move quickly when you believe police lacked probable cause. Dashboard cameras or surveillance video of the stop may be acquired through discovery or subpoena, but the longer you wait, the more likely that significant evidence may be lost or taped over. An experienced DUI/DWI attorney can help you gather evidence and make the appropriate motions in your case. If you questions regarding probable cause court cases, call attorney Matthew Reisig today at 732-625-9660 for a free consultation with one of New Jersey’s…
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Can an Assault Victim Sue for Medical Bills?
I often hear this question (Can an Assault Victim Sue for Medical Bills?) from people who are facing assault charges. These people are concerned how severe the impacts are to a one time bad decision. To answer the question (Can an Assault Victim Sue for Medical Bills?), let’s start to examine what is considered an […] The post Can an Assault Victim Sue for Medical Bills? appeared first on The Nielsen Group.
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Domestic Violence: Is the NFL Getting the Message, or Just Running An Ad?
Well, tomorrow is Super Bowl Sunday, that annual excuse to spend 10 hours in front of a TV screen, stuffing your face, imbibing probably more than your share of alcohol, and screaming like a banshee every time “your” team scores a touchdown. (Can you tell I’m not a big sports fan? Unusual for a guy, I know, but that’s part of who I am.) As everyone knows, the TV ads that run during the Super Bowl are among the most expensive – if not the most expensive – that the networks sell throughout the year. The half time shows involve performances that cost tens of millions of dollars for perhaps 20-25 minutes time, and evoke memories of past performers like Michael Jackson and Madonna. But it’s the commercial ads that really rake in the money. How much money? NBC is reportedly charging $4.5 million for a 30 second spot during the Super Bowl. So it didn’t pass without notice when the NFL announced that it will run a Public Service…
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Saturday Open Thread
Tomorrow is the Super Bowl. I'll have my pick for you then, but you may remember I love the Super Bowl prop bets so I'll give you a sneak peek: SPECIAL (NE @ SEA) - What will Katy Perry be wearing when she begins the Halftime show? (6016)... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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ISIS Executes Kenji Goto
ISIS released its official video today in which "Jihadi John", the black-clad ISIS executioner, beheads Japanese journalist Kenji Goto. (I'm not linking to the video and please do not post link in comments.) The video does not show the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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