Perhaps San Diegans are beginning to read my blog posts, and took my pre-holiday weekend advice (redundant safe-ride plans, $50 bill in the wallet, Lyft and Uber apps on the phone). Maybe it was impossible for people to find parking, and went home watch a Die Hard movie marathon as opposed to drinking at the beach or park. There is a strong possibility that facial hairstyles are preventing hipsters from imbibing. Where you may think that certain factors led to less DUIs in San Diego County and throughout California this year, the answer may be a lot less exciting, and reveal the positive results are illusory. The answer is statistics. According to the CHP, there were 53 motorist arrests in San Diego County for driving under the influence (VC 23152(a), VC 23152(b)). This does not include BUI, boating under the influence, or Harbor and Navigation Code 655 violations in Mission Bay, San Diego Harbor, or the Pacific Ocean. Last year there…
Where the California Highway Patrol Reports San Diego and California DUI Arrests are Down Over Fourth of July Weekend, the Real Story is not as Optimistic
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Fourth Circuit’s “Official Act”: Former Virginia Governor McDonnell’s Appeal Rejected
This guest post was authored by Ernest Holtzheimer, a summer associate with Montgomery McCracken. Earlier today, a three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously upheld the conviction of former Virginia Governor Bob McDonnell on public corruption charges. We’ve previously blogged about how McDonnell’s public corruption conviction ended with a sentence of two years in prison for taking lavish gifts in return for helping a dietary supplement executive win business. On appeal, the former governor argued that the court’s jury instructions defined “official acts” too broadly such that “it would seem to encompass virtually any action a public official might take while in office.” McDonnell gained bipartisan support for this argument, with amici briefs signed by 44 former state attorneys general, two former U.S. attorneys general, attorneys for the past five presidents, the Republican Governors Association and…
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Moran on Duress
Clare Frances Moran (University of Abertay Dundee) has posted Like Apples and Oranges: A Comparative Study of the Defence of Duress as Codified by the Rome Statute of the International Criminal Court on SSRN. Here is the abstract: The Rome...
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The West "Just Doesn't Get" ISIS
Abdel Bari Atwan, editor-in-chief of news site Rai al-Youm and the author of several books on Islamic extremism including this new book on ISIS, has a column today about how the West still doesn't comprehend ISIS. He says The West and the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Bill Would Allow Banks to Conduct Business with Marijuana Dispensaries
An exciting new bill introduced in the Senate on Thursday by a group of bipartisan legislators would legalize banking for legalized, regulated marijuana dispensaries. As our Palm Beach and Broward County drug crime defense lawyers know, banks have been hesitant (to say the least) about doing business with marijuana businesses. This new bill, if it becomes law, will offer the banks considerable comfort should they choose to conduct marijuana-related business. Linking legal marijuana businesses with the banking industry will be a safeguard against crime. Without access to business bank accounts, many legal dispensaries are forced to store all of their money in physical cash in the dispensaries, which presents serious risks: the money can easily be lost and the presence of the cash loudly invites crime.
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"New York Police Department Is Undercounting Street Stops, Report Says"
The story is in The New York Times: Some New York City police officers have been stopping people for questioning but not documenting the encounters as required, calling into doubt the official accounting of a significant decline in stop-and-frisk activity,...
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How Dylann Roof Got the Murder Weapon
Scott Johnson reports:After Dylann Roof murdered nine pastors and churchgoers in the course of Bible study in Charleston, President Obama couldn't wait to use the occasion for his narrow political purposes. "Let's be clear," he said with urgency in his voice. "At some point we as a country will have to reckon with the fact that this type of mass violence ... doesn't happen in other places with this kind of frequency. And it is in our power to do something about it." The implication, of course, was that additional gun control legislation was required but that his political opponents refused to see the light. Now we learn in whose power it was to do something about it, and it wasn't anyone Obama was talking about. The Washington Post reports: "Dylann Roof, who is accused of killing nine people at a church in South Carolina three weeks ago, was only able to purchase the gun used in the attack because of breakdowns in the FBI's…
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"Routinely asking people whether they’re carrying weapons, as part of ordinary traffic stops, violates Oregon Constitution"
Eugene Volokh has this post at The Volokh Conspiracy, excerpting the opinion. From the excerpt: For a weapons inquiry conducted in the course of a traffic investigation to be reasonably related to that investigation and reasonably necessary to effectuate it,...
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Terrific on-going coverage of marijuana reform issues via International Business Times
I recently had the pleasure of speaking at length to a terrific reporter covering marijuana reform issues for International Business Times, and I told the reporter that I was quite impressed with the extent and sophistication of IBT's on-going coverage of these issues. Thereafter, it dawned on me that I...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/DpgFpT1ZHtY" height="1" width="1" alt=""/>
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Getting Your Connecticut Failure to Appear Arrest to Disappear
Can you really get arrested in Connecticut for failing to appear in court for your speeding or cell phone ticket? Absolutely. In fact, as any of the best Stamford and Greenwich Connecticut criminal lawyers and attorneys will tell you, there are several Connecticut misdemeanor crimes that can get you arrested for failing to appear in court for your Connecticut Speeding, Cell Phone, or Marijuana tickets, or your Connecticut misdemeanor or felony cases. But what if you have a good excuse or explanation for failing to appear in any of the Stamford, Bridgeport, Norwalk or Danbury criminal courts? Top Connecticut Failure to Appear arrest criminal lawyers know that sometimes unforeseen circumstances like a medical issue, child care or family emergency, death in the family, car accident, or even Connecticut’s signature traffic jams can prevent you from getting to court. So can anything be done to get your Connecticut Failure to Appear arrest dismissed without having a…
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Fashion Stylists Say Female Lawyers Lack Pizazz
It was a beautiful day in Vancouver, hot and sunny, and with a little time to spare that day I decided to attend the swearing in ceremony of a newly appointed Court of Appeal judge, taking place at the Courthouse across the street from my office. As I approached the courtroom I observed a sea of black-suited lawyers and slipped into one of the last remaining seats. As we waited for the proceedings to commence I noticed how many women lawyers were in attendance, more than usual, since the new judge was a well-respected female lower court judge. Looking around I suddenly felt so out of place. I was wearing a mauve leather swing skirt, a very feminine pink and mauve blouse, and mauve three inch stiletto heels, in stark contrast to my female colleagues who were outfitted in boring black suits, mostly made of polyester, and sensible shoes that resembled oxfords. After the ceremony an invitation was extended to join the Chief Justice for refreshments. Normally I wouldn’t…
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With $70 million in state tax revenue, "Pot money changing hearts in Washington"
The title of this post is drawn from the headline of this new CNN article. Here are excerpts from an article that does not quite match the headline but captures the important reality of modern changing sentiments: This week marks the one-year anniversary since sales of marijuana for recreational use...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/z6Seuy9-AMw" height="1" width="1" alt=""/>
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ORDEAL SHOWS PRESUMPTION OF INNOCENCE IS CRUCIAL IN OHIO OVI CASES
When authorities found Donna Wardell in her Chevrolet Impala, the car was upside-down, held in the air by part of the utility pole she just hit (see the story at app.com). Medics pulled her out of the car through the windshield and rushed her to the hospital. The medical team determined the crash was the result of a seizure caused by a brain tumor. Wardell did not know about the tumor: she learned of it in the hospital. She later learned something else: she was being charged with DWI because, when the medics removed Wardell from her car, they observed the odor of alcohol. The odor of alcohol. Based on that evidence alone, a police officer charged Wardell with DWI (called OVI in Ohio). It was the only evidence suggesting Wardell might be under the influence of alcohol. Upon closer examination, however, the odor of alcohol really is not evidence she was under the influence. At most, it’s evidence she consumed…
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"Can capitalism keep people out of prisons?"
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Update: Two Vehicle Fatality Crash US93 at milepost 71
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: 07/11/2015 6:30 a.m. Please direct questions to the District Office *****Update***** Both lanes of US93 are now open to motorists. More information will be released as it becomes available. km/mc *****End of Update***** At this time, Idaho State Police is investigating a two vehicle fatality crash with complete blockage on US93 at milepost 71, south of Shoshone. Motorists are encouraged to avoid the area and to use an alternate route of travel. More information will be released as it becomes available. km/mc
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Would a Prez Hillary Clinton lead to the judicial abolition of the death penalty in the US?
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NYPD Stop and Frisks on the Decline
According to a recent article in the NYLJ, the number of NYPD stop and frisks has been in a steep decline since 2011, when the police logged 685,724 events. By 2014, officers recorded just 46,235 such stops. That the drop off has been dramatic is obvious; the underlying reasons a bit less so, although the newly appointed federal monitor, Peter Zimroth believes it may be the result of uncertainty and a lack of understanding on the part of the officers.It's easy enough to ascribe that to inadequate training, but that explanation is too facile. The reality is that race is perceived by many officers as a perfectly legitimate reason to suspect criminality is afoot, particularly when we are talking about young black men in certain neighborhoods.Let's back up a moment. Lost in the hullabaloo over the stop and frisk litigation is that at no point did any court determine that policy itself was impermissible or unconstitutional. Generally, there is nothing wrong with stopping…
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Is using a hand held mobile phone a primary offense?
Yes. In Washington State you can be stopped just for using your cell phone hand held. (which means holding up against your ear) Sometimes these stops will lead to more serious charges such as DUI's. Using your cell phone "hands-free"...
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FSU Quarterback Charged with Battery
Attorney Page Pate and Sports Correspondent Coy Wire appear on CNN Newsroom with Ana Cabrera to discuss recent misdemeanor battery charges against a college athlete. Florida State University quarterback, De’Andre… read more → The post FSU Quarterback Charged with Battery appeared first on .
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2015.65: Teach. For America.
I described in An Apostrophe too Far why, despite the undeniable truth that the criminal justice system would crash if every defendant refused to plead guilty, defense lawyers cannot crash the system. Tl;dr: “Prisoner’s dilemma writ large.” I hypothesized a criminal-justice system, ours in micro, processing 100 defendants a year, with capacity for four jury trials (for Harris County, multiply by about 300). Twenty defendants of the hundred don’t plead guilty, and eighteen of those twenty get their cases dismissed. Of the last two, one defendant is convicted and one is acquitted. Each additional defendant who doesn’t plead guilty will force the State to try or dismiss a case—his or someone else’s. There is theoretically capacity for another two jury trials, but the system doesn’t love jury trials, so a dismissal is more likely than another jury trial. For every additional defendant who refuses to plead…
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