Watch My YouTube Video About This OR Read The Article Below I’ve always maintained that if you’re charged with a DUI second offense, it is critical for your lawyer to get a certified copy of the prior conviction, wherever it’s from, especially if it’s from out of state. Required disclaimer: ALL CASES ARE DIFFERENT BASED ON THE FACTS AND CIRCUMSTANCES OF EACH CASE. PAST CASES DO NOT PREDICT FUTURE SUCCESS. One case that I had recently involved a DUI second offense in Spotsylvania County where the client was charged with the second offense due to having an alleged prior DUI from Indiana. Of course we had to get the prior conviction from Indiana and evaluate it to determine if it could count as a prior conviction for a Virginia second offense DUI. Part of this analysis involves looking into the actual statute in Indiana where the client was found guilty. In this case, the Indiana statute in question defines vehicles to be “a device for transportation…
Fight a Virginia DUI 2nd with an Indiana Prior
↧
↧
Should Water Wasters Be Hung Out to Dry?
If you have been living in California for the past few years, you know that one of the biggest problems in the state is a prolonged period of drought. While it may rain from time to time, these little showers are merely a drop in the bucket, and will not come close to solving California’s water crisis. The severity of the drought has gotten the attention of lawmakers. Governor Jerry Brown and state water officials have decided to allow local water districts to set new regulations on water usage, including imposing new fees on people who use more than their share of water. The question is: How long before cities threaten to send water wasters to jail? Will Old Ideas Become New Again? This is not California’s first drought, and nor would it be the first time people have been threatened with criminal sanctions for wasting water during emergency conditions. In the late 1970s and early 1990s, the state faced similarly desperate water shortages. The Metropolitan Water…
↧
Determining whether you had the Intent to Commit Assault in Denver
If you have been arrested for assault, you should contact your Denver assault attorney immediately to discus whether you had the sufficient mental state to commit the crime that you have been accused of. In some cases you might be charged with both second and third degree assault, provided that the it can be proved that you used a deadly weapon, either recklessly or with the specific intent of causing serious bodily injury to another, whereas the latter requires some injury to be caused knowingly or recklessly. Additionally, if the acts were carried out in a ‘heated passion’, a claim of provocation, as a defense, may exist that could lower your charges. Last, the general nature of the events may create a situation where assaults committed against separate people can be seen as a single episode thereby allowing the less serious charges to be considered as lesser-included charges of the main assault. One of the cases in Colorado that helps guide attorneys on these…
↧
Wisconsin Woman Arrested for Drunken Driving for a Fourth Time in Restaurant Drive-Through
On Friday, April 24, a 37-year-old Milton woman was arrested on a charge of fourth-offense drunken driving while at a restaurant drive-through window, according to a recent article at the Gazette Extra. The woman, Sara A. Henning, drove through a drive-through at Taco Bell two times when an employee suspected she was under the influence of alcohol. Police received a tip at approximately 1 a.m., and responded to the scene. Upon their arrival, officers found the woman in the Taco Bell drive-through area located at 1619 Milton Ave. They claimed to have smelled the odor of alcohol, and administered a breath test which revealed a BAC (blood alcohol concentration) of 0.27, more than three times the legal limit of 0.08 percent. According to a news release, Hennings admitted to drinking before getting behind the wheel. Henning was arrested on suspicion of fourth-offense drunken driving after refusing to submit to field sobriety tests. According to the article, she was not permitted to…
↧
Repeat Offender Charged with One Count of Cyber Child Solicitation
A 25-year-old Madison, Alabama man named Justin David Beatty was recently taken into custody on a single count of electronic solicitation of a child, the result of an ongoing police investigation. Authorities allege that Beatty solicited a child under the age of 16 to post explicit photos on the Internet. He is being held on a $100,000 bond. This is not Beatty's first offense. In 2012, he was arrested for the possession of child pornography and allowed to participate in a pretrial intervention program for first-time offenders. Cases like this one, sadly enough, reinforce public opinion that sexual predators do not benefit from treatment programs, since recidivism rates are high in any case, and there is nothing that can be done about it. In fact, this belief is not true. Recidivism rates among sex offenders is actually lower than that of other criminals, with about a 20 percent reconviction rate for child molesters and a 47 percent reconviction rate for non-sex…
↧
↧
AML Compliance Developments in the Gaming Industry
Executives of regulated entities often lament that fulfilling compliance obligations interferes with their ability to operate their business. However, an extensive (and extended) regulator investigation with the potential for civil and / or criminal penalties can present an even greater obstacle to running a business. Trends over the last year in the gaming industry suggest that Title 31 compliance remains a key focus of the industry’s primary federal regulator, the Financial Crimes Enforcement Network (FinCEN). As a result, executives tasked with compliance at financial institutions such as casinos should be mindful of recent events that, taken together, may warrant a fresh look at the anti-money laundering (AML) compliance program currently in place. Remarks of FinCEN Director. Nearly one year after DOJ entered into a non-prosecution agreement (NPA) with Las Vegas Sands Corporation stemming from its failure to file suspicious activity reports – casinos (SARCs), in…
↧
News Scan
Petition To Terminate Parental Rights of Rapists: A new petition is targeting a Maryland law that allows rapists parental rights if their victims become pregnant. The Inquisitr reports that the petition is over halfway to reaching its goal of 5,000 signatures from opponents of the law who believe that women who give birth to a child that was conceived as a result of sexual violence should not have to endure harassment from their rapists for custody and visitation. Supporters of the current law fear that if it is abolished, there is a risk of legitimate father's being cut out of their children's lives. CA County Jail Releases Rise Since Realignment: Each year since 2011, Merced County's two jails have seen an increase in the number of inmates released as well as an increase in the daily inmate population, which authorities attribute AB 109 as the "direct result." Don Thompson of the AP and Rob Parsons of the Merced Sun-Star…
↧
Boxer’s DUI Arrest Filmed on Police Dash Cam
It wasn’t long ago that a celebrity arrested for a DUI in Los Angeles might loudly proclaim his or her innocence. Fans might read about the officer’s report and/or the results of a blood alcohol test, but they were likely to give the celebrity the benefit of the doubt, because they hadn’t seen for themselves what had happened during the arrest. Now fast forward to the age of police dash cams and people recording video on their mobile devices. It’s become a lot harder for celebrities to assert that they weren’t driving under the influence when a recording of the incident becomes the latest online video hit. Just ask American professional boxer Adrien Broner. On January 11th, police in Sharonville, Ohio, arrested him on an a charge of OVI (operating a vehicle under the influence). Broner was driving a 2014 white Mercedes Benz when an officer noticed him driving down the middle of two lanes and traveling 50 miles per hour in a 25 miles per hour zone.…
↧
New York Times Op-Ed: Flawed Forensics Bigger than Erroneous FBI Hair Analysis
In the Opinion Pages of today’s New York Times, the editorial board released a piece entitled “Junk Science at the F.B.I.” The piece comes on the heels of last week’s announcement that the bureau’s examiners gave flawed hair analysis testimony in 96% of the criminal trials that have been reviewed so far as part of a review of nearly 3,000 cases. While the op-ed condemns the bureau’s actions, it notes that flawed hair analysis is not the only forensic practice to have sent innocent people to prison. Data by the Innocence Project shows that of the 329 people exonerated by DNA testing in the United States, almost half of them were wrongfully convicted—at least in part—by faulty forensics; one quarter of the 329 cases involved erroneous testimony around pattern and impression evidence, which includes hair analysis. The editorial board writes: Law enforcement agencies have long known of the dubious value of…
↧
↧
CFPB Fines Military Allotment Processor $3.1 Million
Last week, the Consumer Financial Protection Bureau (CFPB) filed a consent order with Fort Knox National Co. and its subsidiary Military Assistance Co. (MAC), alleging that the companies duped U.S. military service members into paying millions of dollars in hidden fees. Fort Knox National Co., through MAC, is one of the largest processors of military allotments in the nation. Through the allotment system, service members can arrange to have payments to creditors and family members deducted directly from their paychecks. The arrangement facilitates the transfer of funds for service members who may not have easy access to banks or ATMs. In a press release the CFPB noted that “[t]he allotment system was created to help deployed service members send money home … at a time when automatic bank payments and electronic transfers were not yet common bank services.” According to the CFPB, many creditors and lenders “have in recent years been known to direct…
↧
Loretta Lynch Announced by Senate as Attorney General
Loretta E. Lynch was announced as the new U.S. attorney general Thursday, with the Senate voting 56 to 43 to confirm the veteran New York prosecutor five months after President Obama submitted her nomination to Congress. According to the Justice Department, Lynch is expected to be sworn in as the nation’s 83rd attorney general Monday. Obama released a statement saying that “America will be better off” with Lynch in charge of the Justice Department. “She will bring to bear her experience as a tough, independent, and well-respected prosecutor on key, bipartisan priorities like criminal justice reform,” he said. Lynch is the first African American woman to be nominated for the post, which has taken on a much higher profile than in the past due to the leading role the Justice Department has recently played in the debate over race and policing across the country. The time Lynch had to wait between nomination and confirmation was the longest for an…
↧
In A New York DUI And DWI Case Does The Two Hour Rule Exclude Testimony of a Refusal
In New York DWI and DUI cases there used to exist a two hour rule which applied to the exclusion from evidence of a chemical test result that was performed more than two hours after the arrest of the motorist. This rule was also applied in the New York DMV to exclude into evidence at the DMV refusal hearing a refusal to take a chemical test. There has been a shift in the law that goes back several years that states that a chemical test performed 2 hours after the arrest is admissible at trial and a more recent shift in the DMV refusal hearing rules not to exclude a refusal that was more than two hours past the arrest. If you have any questions about a DWI, DUI, DWAI, DWAI by drugs please contact us at 917-744-6593 and you will be speaking with an attorney for a free consultation.
↧
Live Opening Statements in James Holmes Case
Watch the latest video at video.foxnews.com Arapahoe County District Attorney George Brauchler is giving the opening statement for the prosecution in the trial of James Holmes. It's being televised on Channel 7 in Denver (thankfully no... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
↧
Drivers Can Run But They Can’t Get Away
Motorists who cause an accident while driving under the influence may try to escape the consequences by fleeing the scene. But their respite from arrest is usually brief, and they’re picked up and charged with a Los Angeles DUI or some similar offense. But it’s not always easy to make a clean getaway. Just ask William Yeckering of Owens, Illinois. He rammed into another vehicle while allegedly driving under the influence and tried to run away. But he had made the mistake of hitting a car owned by 6’ 2” high school football player Evan Williams. The senior guard and defensive tackle put his on-field skills to use by chasing after Yeckering and bringing him to the ground. Williams held Yeckering down until police arrived at the scene. Williams was dressed up for his impromptu chase—he and his date were leaving the prom when Yeckering hit their car. The abrupt end to the chase wasn’t the only unpleasant surprise that Yeckering faced that…
↧
The Latest Pedestrian Accident Statistics in Pennsylvania and Nationally
Despite many state and national efforts to improve traffic safety and reduce the number of injuries, data regarding pedestrian accident statistics from a recently released Governors Highway Safety Association report show deaths are up. The fact that pedestrian deaths are on the rise is certainly right for the state of Pennsylvania, where deaths increased by nearly 40 percent in the first six months of 2014.NHTSA Yet to Publish Data for 2014 The National Highway Traffic Safety Administration, or NHTSA, has yet to finalize and publish their final data for the number of pedestrian accidents, injuries, and deaths for the year 2014.However, over the past four years, the number of pedestrian deaths has increased annually, with the exception of 2013, where the number of pedestrian deaths (4,735) fell below the 2012 number (4,818) but was still far above the 2011 number (4,457). In 2011, 2012, and 2013, the number of pedestrian deaths represented 14 percent of all traffic…
↧
Here's How to Choose a Bicycle Helmet That's Right for You
Picking a bicycle helmet that is right for you is one of the most important decisions you’ll ever make. The right helmet may save your life. How to choose a bicycle helmet that fits your lifestyle.Pick the Right Helmet for the Right Activity Buy different helmets for different activities.For example, you may not know that there are different types of bicycle helmets for each of these activities.Downhill mountain bikingMotorized bicyclingRoad biking The helmet that you choose should be one that’s designed specifically for your activity. If you know that you’ll be riding at night, choose a helmet with reflectors or reflective tape. If you know that you’ll be riding during the day, a helmet with a built-in visor can offer sun protection. What’s more, make sure that the helmet that you choose is certified as safe by the U.S. Department of Transportation.Make Sure It's a Good FitThe second most important part of choosing a helmet is…
↧
Logan on Exiting Sex Offender Registries
Wayne A. Logan (Florida State University - College of Law) has posted Database Infamia: Exit from the Sex Offender Registries (Wisconsin Law Review, 2015) on SSRN. Here is the abstract: Since originating in the early-mid 1990s, sex offender registration and...
↧
↧
The Williams Case
On March 27, 2015, the Georgia Supreme Court issued an important decision regarding DUI cases (read State v Wiliams here). The gist of the ruling is that trial courts must determine that a driver freely and voluntarily consented to take a blood test before the result can be admitted in evidence at trial. Only a small percentage of DUI cases involve blood tests; most involve breath tests. Will this ruling extend to breath tests? I'm arguing it should. Each case will be handled individually, and a result in one of my client's cases will not necessarily mean that I can expect the same result in other cases. My colleagues and I also think this may vary depending upon the county involved. Regardless of how a judge may rule at the trial level, an appellate court is probably going to review each breath test case. It will be up to me to carefully preserve this issue in my clients' cases. I don't expect this challenge to change the way implied consent refusals are…
↧
SNIFFING AROUND YOUR CAR: DOG SNIFF SEARCHES IN ILLINOIS
Generally, you do not have the same privacy rights in a car that you would in your home. So while a trained narcotics dog may not sniff outside your apartment door, the dog may sniff around your car. Worse yet, police may order you to roll down your car windows and turn up the blowers so that the dog can get a better whiff. A recent Illinois appellate case, People v Thomas, expressed reservations about this type of “setup” procedure, but the court felt bound by existing Illinois State Supreme Court law. The Illinois Supreme Court held in 2011 that opening the windows and blowing out the air was no more intrusive than the setup procedure used to permit a narcotics dog to smell a suitcase. The Illinois Appellate court believes the U.S. Supreme Court will eventually overturn the legality of forcing a driver to blow out the air in their car. But in the meantime, it’s the law. If you are charged with a criminal, traffic or DUI offense, contact an…
↧
Black Lives Matter Protesters Arrested for Disorderly Conduct, Resisting Arrest
Law Abiding Protesters Getting Charged With Disorderly Conduct, Resisting Arrest Over the past year, numerous Americans across the country have passionately vocalized their stance against state law enforcement violence towards unarmed criminal suspects who are African American. A movement has begun that supports raising awareness of this nationwide issue, and activists who belong to the movement have banded together to organize protests in a number of states. The main entity in the movement that is gathering traction with the people is a campaign known as Black Lives Matter. Unfortunately, many of the people involved in these gatherings are getting charged with crimes such as disorderly conduct, resisting arrest. Fifteen Arrested In Black Lives Matter Protest MassLive reports that on April 14th, 2015, a group of 15 Black Lives Matter protesters were arrested after temporarily blocking traffic during a protest at The X, a well-known and busy intersection, in Springfield,…
↧
More Pages to Explore .....
