Edmund R. Folsom, Esq. Date: May 1, 2015 OUI & THC LEVEL- LOSING SIGHT OF THE CRIME’S PURPOSE. Here, I will spill a few words on the legislative effort to define the crime of OUI to include operating a motor vehicle with 5 parts per billion of THC in the driver’s blood. I have a fundamental problem with this effort, beginning with the lack of scientific foundation that this level of blood-THC represents a state of impairment. Yesterday, in Augusta, the Maine Bureau of Highway Safety and AAA presented the Maine Impaired Driving Summit. Speaking at that summit, according to the news story linked below, were Jake Nelson, Director of Traffic Safety for AAA, and Barry Logan, Chief Forensic Toxicologist for NMS Labs (a lab that does a fair amount of forensic analysis for Maine law enforcement). Both criticized setting the level of 5 ppb of blood-THC as the per se level that defines the crime of OUI, because there is a lack of scientific foundation for it. The…
OUI & THC LEVEL- LOSING SIGHT OF THE CRIME’S PURPOSE.
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Holland on The Two-Sided Speedy Trial Problem
Brooks Holland (Gonzaga University School of Law) has posted The Two-Sided Speedy Trial Problem (90 Washington Law Review Online 31) on SSRN. Here is the abstract: This essay responds to The Not So Speedy Trial Act, by Shon Hopwood, 89...
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DR. LENNY HABER HAS PASSED AWAY
Some obituaries are hard to write. This is one of them. Dr. Lenny Haber, a forensic psychologist who handled cases in the REGJB for decades was more than just a professional acquaintance, he was a friend. As a young an inexperienced lawyer decades ago, Dr. Haber was a steadying influence. He was wise, and caring, and he had a twinkle in his eye. Did you know that Dr. Haber was often hired as an expert to assist the prosecution or defense in litigation? We hired him in a very difficult case many years ago and his knowledge of law, courtroom tactics, and people was the difference in winning the case. Lenny Haber was a Miami Beach councilman starting in 1971. In 1977 he was elected Mayor of Miami Beach. Dr. Haber had a popular radio show in Miami where he dispensed psychological and life advice and as the Herald Obit here states, he was a frequent commentator on NBC during the OJ Simpson trial. Dr. Lenny Haber was many things to many people. A loving…
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Big Weed
Wonders never cease. Gerald Uelmen, professor of law and former dean at Santa Clara University School of Law, is someone I have disagreed with, sometimes vehemently, many times over many years and don't recall ever agreeing with.But there is a first time for everything. Professor Uelmen has this review in California Lawyer of a book titled Big Weed by Christian Hageseth, and I find myself nodding in agreement with just about every word.Marijuana is not a harmless substance.... Just like the alcohol and tobacco industries, the marijuana industry will be built on the backs of its most frequent users, and turning casual users into frequent users will be the marketing strategy that drives the industry, just as with alcohol and tobacco. Hageseth makes no effort to assess the potential harmful consequences of promoting marijuana use to the consuming public, which will fuel the billions of dollars in sales that he foresees.In my…
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Indictments in Chris Christie Bridge Case
William Barone and Bridget Anne Kelly have been indicted in the Chris Christie bridge scandal. The Indictment is here and is quite detailed. It does not appear to implicate Chris Christie. Barone is the former deputy executive director of the Port... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Update: DUI & Lifetime Revocation Legislation
For the last several years, Larry Davis has been engaged in negotiations on behalf of the Illinois State Bar Association ('ISBA') and the Illinois Lawyers and Substance Abuse Counselors Association ('ILSACA') with the Office of the Secretary of State ('SOS') regarding several proposed changes to the Illinois driver licensing laws as well changes in the Illinois DUI laws with other interested parties. We are pleased to advise you that the SOS Traffic Safety Advisory Committee has voted to approve many these proposals. The accepted proposals include the following: Elimination of all 'hard times' under current law. Simply put, these are statutory periods during which a driver could not obtain relief during certain periods of a statutory summary suspension ('SSS') or revocation. These include: 1. First offender SSS - Drivers will be eligible for a Monitored Device Driving Permit (MDDP) from day 1 of the suspension (currently…
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Criminal Charges for Leaving Child in a vehicle
Roughly 20 states have specific laws making it illegal to leave a child unattended in a vehicle. However, Arizona is not one of these states. Arizona does have several laws that can be used to prosecute someone who leaves a child in a hot car. A person who leave a child in a hot car can face charges of child endangerment, child abuse, manslaughter, and potentially murder. Some of these potential charges may seem severe. However, according to statistics, the temperature inside a vehicle can rise about 20 degrees in the matter of just 10 minutes. These drastic rises in temperatures can lead to heatstroke. Heatstroke occurs when a person’s temperature rises above 104 degrees Fahrenheit. Children’s body temperatures warm at a rate of 3 to 5 times faster than an adult’s. Leaving a child in a hot vehicle is more dangerous as it can result in danger to the child at a faster rate than to the adult persons. More information on this can be found at…
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How Prescription Drugs Can Lead to an OUI Charge
Everyone knows that operating a vehicle while under the influence (OUI) is illegal. However, many people fail to realize that “operating under the influence” does not strictly mean “under the influence of alcohol.” Nearly everyone is aware that “drunk driving” is illegal, and exactly what it means to “drive drunk.” However, fewer people know that “drugged driving” is just as illegal, and even fewer know exactly what it means to “drive drugged.” For starters, Maine law defines “drugs” very broadly: “The term ‘drugs' includes any natural or artificial chemical substance that, when taken into the human body, can impair the ability of the person to safely operate a motor vehicle.” The first things that come to mind, for many people, are illegal drugs like cocaine, marijuana, and heroin. However, many prescription drugs, even those taken according to the dosage requirements,…
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The District Attorney isn't the Enemy
There is a grave misconception or disconnect between what is portrayed on TV and what really happens behind closed doors; especially, here in Maine. On TV's popular show, Law & Order, the DA, played by Sam Waterson, is often seen in chambers belittling defense counsel (or the client) and arguing his case for the death penalty. Neither the defense attorney nor the DA show each other much respect nor do they appear to have any common ground in which to discuss a resolution. Essentially, the relationship between the DA and the defense attorney is portrayed as adversarial at best and downright hostile and disrespectful at worst. This portrayal of the criminal justice system is so far from reality that it's almost laughable. In Maine, I've found the vast majority of prosecutors to be ordinary people (just like you and me) with extraordinary responsibility. They carry a heavy caseload and an even heavier responsibilitiy.…
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Idaho State Police investigates fatality crash near Shelley.
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: 5/1/2015 - 4:45 pm Please direct questions to the District Office On Friday, May 1, 2015, at approximately 12:05 p.m., Idaho State Police investigated a single-vehicle crash on 1200 North Road in Bingham County, near Shelley. Eric Galvan-Hurtado, age 20, of Shelley, was driving westbound in a 1998 Jeep Grand Cherokee. He failed to maintain his lane of travel, rolled, and was ejected from the vehicle. Eric was transported by ground ambulance to Eastern Idaho Regional Medical Center where he was pronounced dead. Eric was not wearing his seat belt and alcohol is believed to be a factor in the crash. Idaho State Police was assisted by Shelley Police Department, Shelley QRU, Bingham…
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Jennifer McKinney Fraud Update
It’s been a while since we have looked at the many legal troubles of Jennifer McKinney (aka “MckMama”) and her husband Israel McKinney. In short, Jennifer and her husband have repeatedly stiffed creditors for hundreds of thousands of dollars, losing FOUR houses and having their bankruptcy filing denied after trustee Gene Doeling busted them for lying in their court filings. This week, the McKinneys lost the fourth house. Marine Credit Union obtained a default judgment against them after they failed to even respond to the lawsuit filed against them for failing to make payments on their house. The bank got a judgment of $334,105 (plus interest) for the house, and $2,528 for attorneys’ fees. The McKinney’s (well, really the bank’s) house at W5441 Innsbruck Road in West Salem, WI will be sold at a sheriff’s auction. Marine Credit Union can pursue the McKinneys for any deficiency (if the sale price of the house does not cover the total…
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The Death of Freddie Gray, Charges Filed by the State Attorney and the Need for Thorough Defense- Police Contact and Arrest
On April 12, 2015, Freddie Gray being eyed by two police officers when he started to run. The police officers took off after him and he was arrested for possession of a switchblade. They used a “leg lace” restraint hold to restrain Gray. Eyewitness video shows him being shackled before being put into a police van. The van later stopped for another arrest. During the ride, or during the arrest, the police said, Gray suffered a traumatic neck injury that resulted in his death. Police investigators said that Gray was intentionally trying to harm himself. Then the real story comes out, and another great dichotomy between what is legal, and what actually occurs. In a unique move, State Attorney Marilyn J. Mosby filed charges against six of the officers with a range of charges including murder and manslaughter. The Ms. Mosby completely ignored the grand jury process and went right to charges. First, running from the police- in and of itself- is not illegal. You can see a…
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District 1 - Injury semi crash EB I90 MP 31.8
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 # C15000899 --------------------- PRESS RELEASE ----------------------------- DATE: 05/01/2015 TIME: 10:35 AM LOCATION: EB I90 MP 31.8, 4TH of July Pass ASSISTING AGENCIES: Idaho Transportation Department VEHICLE #1 DRIVER Ion Zaharia AGE 24 ADDRESS Federal Way, Washington INJURIES Yes HOSPITAL TAKEN Kootenai Health VEHICLE YEAR 2012 VEHICLE MAKE 2012 International Semi Truck and Trailer loaded with onions WRECKER Jims Bobcat Service SEATBELTS WORN Yes …
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Judge: No breaks for female sex offender
5-1-15 Pennsylvania: A former Bath woman who sexually assaulted a 15-year-old boy was sent to state prison Friday by a Northampton County judge who said she should get no breaks because of her gender. Lisa Winarchick, 50, will serve two years and three months to seven years in prison on charges of statutory sexual assault and corrupting a minor. She'll also be required to register as a sex
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Federal indictments and a plea deal in New Jersey "Bridgegate" scandal
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Will Chris Christie be arrested in Bridgegate scandal?
Today in New Jersey, David Wildstein entered a guilty plea and indictments against Bridget Kelly and Bill Baroni were unsealed. This left most people wondering, well what about Chris Christie? At least some were expecting that he would be arrested. US Attorney Paul Fishman made it clear that there was no one else that would be indicted. However, he added, based upon the evidence available to him now. Thus, there are two possible scenarios. One, Christie was not really involved in the bridge closings just like he said. These three people planned this, going as far back as 2011, but never told the Governor. That seems kind of hard to believe but it is at least a possibility. Another scenario is that Fishman did not want to indict Christie based only on the cooperation of Wildstein. The plan may be to see if Kelly, Baroni or both may decide to flip now that they have been indicted. If all three of them point the finger at…
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Driving While License Suspended Without Ever Having a License
One of the cool things about criminal law is that our evidence, disputes, and analysis are open to the public. All of our disagreements at motion hearings and trials are open to the public. If an "expert" claims that XYZ is true, that expert will be subject to cross-examination, and he or she must answer the opposing side's questions (redundant, I know). This is not true of science. What we think of as "scientific truth" is subject to the whims of those who decide what will be published and who should be awarded research money. The culture of science discourages dissent, so science typically doesn't advance based on honest debates about the evidence, but rather, "science advances one funeral at a time" (Max Planck). Dr. Henry Bauer, Professor Emeritus of Chemistry & Science at Virginia Tech, explains that for many "scientific truths", "there are perfectly competent and well informed scientist who disagree on the…
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Will the Mob Tolerate an Acquittal?
The Baltimore State's Attorney today announced charges against six police officers in the death of Freddie Gray. I have a number of thoughts.The first is reflected in the title of this entry: Will the mob tolerate an acquittal? The calls in recent days have been for "justice." I have considerable doubt whether those doing the loudest calling have even a slight interest in justice. I think they want to see policemen and policewomen punished simply because of who they are. If that is true, then the riots we have seen up to now will pale in comparison to the ones we'll see in the event of an acquittal. This is what we need to face: The evidence will not make any difference to those most inflamed (and I use that word advisedly) about this case. We've all seen this before -- most recently with Darren Wilson in Ferguson and the fraternity falsely accused of hosting gang rape at the University of…
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BGer 6B_1224/2014: Die Begründungspflicht bei Rechtsmittelverfahren
Art. 82 Abs. 4 StPO lässt dem Gericht die Möglichkeit offen, für die tatsächliche und die rechtliche Würdigung auf die Begründung der Vorinstanz zu verweisen. Das Bundesgericht hält im Urteil vom 9. April 2015 (6B_1224/2014) fest, dass vom Instrument der Verweisung aber zurückhaltend Gebrauch zu machen sei, da andernfalls bei der das Rechtsmittel ergreifenden Person der Eindruck entstehen könnte, die Rechtsmittelinstanz setzte sich mit ihren Vorbringen nicht auseinander (Erw. 1.2.3). Ausserdem entbinde diese Norm die Rechtsmittelinstanz nicht von deren Begründungspflicht und finde seine Grenzen, wenn sich nicht mehr ohne weiteres feststellen lasse, was die massgebenden tatsächlichen und rechtlichen Erwägungen der Rechtsmittelinstanz seien (Erw. 1.2.3 mit Verweis auf weitere Urteile des Bundesgerichts und weiterführende Literatur).Im vom Bundesgericht zu beurteilenden Fall hat die Vorinstanz die Erwägungen des…
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Rollover Crash Injures One Near Grand View
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 05/02/15 3:08 A.M. Please direct questions to the District Office On Friday, May 1, 2015, at approximately 11:40 P.M., the Idaho State Police investigated a single-vehicle rollover crash eastbound State Highway 78 at milepost 62, near Grand View in Owyhee County. Timothy Bethel, 48, of Caldwell, ID, was traveling eastbound on State Highway 78 in a white 2003 Chevrolet Silverado pickup. Bethel failed to negotiate a curve and drove off the right shoulder rolling his vehicle. The Chevrolet came to rest on its top and Bethel was ejected. Alcohol was involved. Bethel was transported by air ambulance to St Alphonsus Regional Medical Center in Boise, ID. State Highway 78 was…
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