People who have had a drink or two (or three) often don’t realize that they shouldn’t drive because they’re over the legal limit for blood alcohol content. That could change if Uber (the app that connects people needing rides to those willing to offer them) is successful in a new partnership with Breathometer, a startup company featured on the Shark Tank television show last year. The partnership might not eliminate everyone’s need for a Los Angeles DUI attorney, but it could reduce the number of DUI arrests in the city and in others. Breathometer gives people the ability to check their blood alcohol content. It works through a combination of a smart phone app connected by Bluetooth technology to a device that people breathe into after they’ve been drinking. In less than a minute, people can get their BAC measurements to determine whether or not they’re legally safe to drive. The partnership between Uber and Breathometer should make it easier…
Will You Use Your Smartphone to Avoid Charges of DUI in Los Angeles?
↧
↧
Law Enforcement Busting Medical Marijuana Delivery Services
Law Enforcement Busting Medical Marijuana Delivery Services in Las VegasCALL The Wright Law Group, P.C. 702.405.0001Been Arrested Delivering Medical Marijuana To Las Vegas PatientsSince the Nevada Legislature passed laws allowing for an exemption from prosecution for the medical use of marijuana there has been a proliferation of businesses providing for the delivery of marijuana to medical marijuana patients. A search for marijuana on Craigslist for Las Vegas alone results in more than 150 advertisements for marijuana, many of them offering to deliver marijuana or marijuana products. Another internet search for Las Vegas Marijuana Delivery Services resulted in pages of links to websites providing information on delivery services, one of which identified as many as 22 delivery businesses in the greater Las Vegas metropolitan area.These “delivery services” are getting the attention of the local law enforcement agencies and not in a good way. In a recent case involving…
↧
Roth on The Divisibility of Crime
Jessica A Roth (Yeshiva University - Benjamin N. Cardozo School of Law) has posted The Divisibility of Crime (64 Duke Law Journal Online (February 2015) pp. 95-119) on SSRN. Here is the abstract: Near the end of the Supreme Court’s...
↧
This Is What It Comes To
This is what it comes to.They sent him to death row, but Glenn Ford didn't kill Isadore Rozeman. Andrew Cohen, last month, for the Marshall Project.You probably don’t remember Glenn Ford or his remarkable story of injustice and redemption. Eleven months ago, he walked out of a Louisiana penitentiary after spending 30 years on death row for a murder he did not commit. He was able to do so only after a new generation of prosecutors finally acknowledged in court what their predecessors knew or should have known all along: that there was “credible evidence” that Ford “was neither present at, nor a participant in, the robbery and murder” of Isadore Rozeman, an elderly jeweler who was shot to death in Shreveport on November 5, 1983.Ford, a black man, was swiftly convicted by an all-white jury in 1984 for Rozeman’s murder but the case against him was always weak. His trial lawyers were uniquely unqualified to represent him in a capital…
↧
Broughton on Capital Punishment
J. Richard Broughton (University of Detroit Mercy School of Law) has posted Jones, Lackey, and Teague on SSRN. Here is the abstract: In a recent, high-profile ruling, a federal court finally recognized that a substantial delay in executing a death...
↧
↧
Osler on Law & Tactics for a Market-Reality Narcotics Policy
Mark William Osler (University of St. Thomas - School of Law (Minnesota)) has posted Law & Tactics for a Market-Reality Narcotics Policy (Harvard Journal on Legislation, 2015) on SSRN. Here is the abstract: The War on Drugs seems to be...
↧
Las Vegas Conspiracy Charges? Time for an Attorney
Conspiracy Charges in Nevada Most people don’t realize that conspiring to commit a crime is a punishable offense, even if the crime never happens. Conspiracy, as defined by NRS 199.480, involves “an agreement between two or more persons for an unlawful purpose.” Because these agreements frequently are only oral, it can be hard for the state to prove a conspiracy existed, particularly if no crime ever followed the agreement. Because there is often little or no evidence of a conspiracy in Nevada, the prosecution generally relies on the conduct of the parties. However, behavior can be attributed to a number of different motivations, many of which have nothing to do with a criminal conspiracy. A Las Vegas criminal defense attorney has many defenses at his disposal. The most commonly used of these is the argument that there was no agreement. Essentially, it’s not considered conspiracy to have knowledge of an agreement to commit a crime or to merely discuss…
↧
New Jersey’s Sensitive Victim Bias Crime Unconstitutional
A basic tenet of due process requires that a law give a defendant notice of what conduct is criminal. Without such notice, there would be no way to know that it shouldn’t be committed. So it comes as no shock that the New Jersey Supreme Court held that section 3 of the Bias Intimidation law, N.J.S.A. 2C:16-1, was rejected as unconstitutional in State v. Pomianek. While the other prongs of the crime remain untouched, a facial challenge prevailed against the third prong: A person is guilty of the crime of bias intimidation if… (3) under circumstances that caused any victim of the underlying offense to be intimidated and the victim, considering the manner in which the offense was committed, reasonably believed either that (a) the offense was committed with a purpose to intimidate the victim or any person or entity in whose welfare the victim is interested because of race, color, religion, gender, disability, sexual orientation, gender identity or…
↧
The Consequences of Free Speech Strike Northwestern
When Northwestern professor Laura Kipnis wrote her post for the Chronicle of Higher Education, she must have anticipated that some folks would not take kindly to her thoughts. After all, it was about gender, and had a “slightly mocking tone.” When it comes to gender, some people just can’t see the humor. But the reaction on campus could not have been more pitch-perfect. Not for those who raised their metaphorical torches and pitchforks, but for Kipnis. Last Monday, about thirty Northwestern anti-rape activists marched to their school’s administrative center carrying mattresses and pillows. The event was a deliberate echo of the performance art project of Columbia student Emma Sulkowicz, who is lugging a mattress everywhere she goes on campus for a year to draw attention to the university’s failure to expel her alleged rapist. At Northwestern, the target of the protest was not a person accused of assault, but the…
↧
↧
Levmore & Porat on Rethinking Threats
Saul Levmore and Ariel Porat (University of Chicago Law School and Tel Aviv University) have posted Rethinking Threats on SSRN. Here is the abstract: Threats are not merely the dark side of promises. They impose costs on those who receive...
↧
Marijuana Paraphernalia Decriminalization Immanent
One of the major flaws of last year's marijuana decriminalization bill was that it failed address drug paraphernalia. For the past six months possessing less than 10 grams of pot in Maryland has been punishable only by a civil citation. These citations are not available for public inspection and are not entered into an online database. On the other hand possessing marijuana paraphernalia remains a crime punishable by a $500 fine for a first offense, and up to two years in jail for any subsequent conviction. These paraphernalia citations carry the risk of a permanent conviction, are available for public inspection, and are listed on the judiciary case search. The dichotomy between these two laws is alarming, especially considering the broad definition of drug paraphernalia. Section 5-619 of the controlled dangerous substance statute basically gives police officers full discretion to determine what should be considered paraphernalia, and there are few legitimate legal…
↧
Effective discussion of nitrogen gas as execution method alternative
↧
Floor display on 'responsible marijuana policy' at TX capitol
Here are a couple of pictures of a display erected by Texans for Responsible Marijuana Policy which currently resides on level E2 of the Texas capitol and drew significant attention from passersby when I was there this week:And here's a floor-level view:Photos via Heather Fazio.
↧
↧
FAQ: Can I Get A Copy of the Police Video From My Arrest in New York City For a DWI, DUI or Driving While Impaired?
Many people ask me whether they can get a copy of the video recording of them after their arrest for a driving while intoxicated DWI or DUI in New York City. The answer is YES. The video recording of you at the police department can contain vital information and be critical as evidence for and against you in a DWI case. Therefore, the law requires that the prosecutor turn over to you and your attorney a copy of the video recording. The recording often times shows key pieces of evidence such as how the police explained and demonstrated the standard field sobriety tests, the actual chemical test, how the refusal warnings were given and what if any statements made by you were before or after the Miranda warnings were given. Please spend some time speaking to attorneys about your options with regard to your case. I would be happy to speak to you. Call me at 917 744 6593 for a free consultation. Lawyer Carl Spector | Lawyer DUI Lawyer Carl Spector | Lawyer DUI Lawyer Carl…
↧
Single vehicle crash NB I15 near Pocatello
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 3:00 p.m. Please direct questions to the District Office The Idaho State Police is investigating a single vehicle crash NB I15 at milepost 67, near Pocatello. The crash is not blocking at this time. The crash is under investigation. An update will be issued when the information becomes available. <jh / ks> -------------
↧
Board of Examiners of Sex Offenders ...cont
The defendant seeks a downward departure from the presumptive risk level two to a risk level one. The defendant and defense counsel appeared for a hearing on August 19, 1998. The Bronx District Attorney's Office declined to appear indicating that it routinely takes no position with regard to sex offender classifications. The State Attorney General's Office was notified, but did not appear. No one has moved on behalf of the State for an upward departure from the level two recommendation of the Board. Due process mandates that the State must bear the burden of proof to support its proposed risk level assessment by clear and convincing evidence. However, even where departure from the calculated presumptive risk level is not requested, it is still appropriate for the court to independently consider whether a departure from the recommendation is warranted. The board serves only in an advisory capacity similar to the role served by a probation department in submitting a…
↧
The Misery of Hoarding
He shuffled into my law office for his 10 am appointment, his shoulders were hunched over and he looked completely defeated. I asked what brought him in to see me and he quietly removed some photographs from a yellow envelope and set them up like a slide show on the desk in front of me. I had never seen anything like it. A living room, a kitchen, a bathroom, all piled to the rafters with newspapers, junk mail, pizza boxes, dirty laundry, bags of garbage, kitty litter and much more. A trail through the house, no more than a foot wide, was left open as a passage way. In one photo a little girl in a pink dress sat smiling, leaning on a tower of junk. He was embarrassed as he told me that his wife had transformed their home into a waste pit, that she wouldn’t or couldn’t stop accumulating stuff, refusing to throw anything away, and he was worried sick about his three-old daughter. He said he loved his wife but believed the home environment was hurting his little girl.…
↧
↧
FRANKLIN MAN FACES HIS FOURTH OUI AS WELL AS LEAVING THE SCENE OF AN ACCIDENT CHARGES
Law enforcement is often on high alert for drunken behavior…particularly drunk driving…during holidays. Saint Patrick’s Day, March 17th, is one such holiday. ‘Nuff said. Apparently, Franklin’s Dominick Revell, 43, (hereinafter, the “Defendant”) did not get that particular memo. The Commonwealth alleges that he was operating his vehicle under the influence on Tuesday. So they arrested him. The Defendant was brought to court and arraigned on Wednesday at the West Roxbury District Court. The Commonwealth told the court that he was found unconscious at about 8:50 p.m. Tuesday in a car outside a McDonald’s restaurant on American Legion Highway in Roslindale. It was there, they claimed, that he had allegedly rear-ended a 77-year-old Mattapan man’s vehicle in the drive-through. The prosecution claims that the Defendant was high on heroin at the time. Just as they had been when they charged him with OUI – Heroin the last…
↧
Carl Spector New York Criminal Defense and DWI DUI Attorney Added to LawNearMe.Com
Post by LawNearMe.com.
↧
Saturday Night Open Thread
We have such beautiful weather today. It's hard to stay online. Our last (non-sports) open thread is full. Here's a new one, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
