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A suggestion for 'The Sandra Bland Drivers' Rights Act'

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This morning, I received a text from the missus* who suggested that, in 2017, reprised legislation to limit police arresting motorists for Class C misdemeanors should be titled, "The Sandra Bland Drivers' Rights Act." Clever gal. Bud Kennedy at the Fort Worth Star-Telegram had earlier described the law that needs updating, and UT law prof Jennifer Laurin suggested that:state legislatures can, and should, limit police discretion to arrest for minor violations. The Texas Legislature attempted to do that in 2001 and 2003, passing one bill barring arrests for most offenses not punishable with imprisonment, and one to force police to enact rules on when arrests can occur. Then-Gov. Rick Perry vetoed both bills. The Texas Legislature should act again to prohibit arrests for minor violations, and the current governor should lend his support. So, too, lawmakers can push for greater police professionalism (through more rigorous training requirements)…

//blawgsearch75.rssing.com/chan-6519914/article13282-live.html

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Some fresh links for getting paperwork straight - making sure DPF or pm filters are compliant.Truck and Bus Regulation, Fact Sheets and DocumentsTruck Regulation Upload, Compliance, and Reporting System (TRUCRS)  Truck ReportingTruck Regulation Reporting(On-Road) Heavy Duty Diesel Vehicles (In-Use) Regulation   Frequently Asked Questions  - Heavy Duty DECS Installation and Maintenance

Searching for Top NJ Law Firms? FREE consultation lawyers in NJ?

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  Ocean & Monmouth County Criminal Lawyer Ian Goldman is experienced with criminal justice system in Monmouth County or Ocean County  Searching for  Top NJ Law Firms? FREE consultation lawyers in NJ? No problem, We got you covered. Contact IMG Legal Group in Red Bank, NJ, Ian Goldman is your NJ Criminal Lawyer. Mr. Goldman serves Ocean County and Monmouth County and clearly understands that life is complicated. Everyone has unique stories to tell and challenges to overcome. A criminal arrest

Ewing et al. on The Criminalization of Immigration

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Walter A. Ewing , Daniel E. Martinez and Rubén G. Rumbaut (American Immigration Council , George Washington University - Department of Sociology and University of California, Irvine - Department of Sociology) have posted The Criminalization of Immigration in the United...

Where is my sex offender now? Notices keep victims informed

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This accomplishes what? 7-28-15 Pennsylvania: A new partnership of state law enforcement and victim advocates will help ensure victims of sexual violence are updated when the status of their offender changes. The Pennsylvania State Police and the Pennsylvania Office of Victim Advocate are teaming up to identify and provide thousands of additional and sensitive notifications, said Jennifer

Do I Need an Attorney For My Minnesota DWI Charge?

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OK, the short answer is absolutely, but let’s explain. If you are accused of a DWI in the state of Minnesota, the U.S. Constitution entitles you to obtain attorney representation. Of course, there is no law that requires you to have representation from an attorney when charged with DWI or any other drunk driving-related offense. So often people ask “Do I even need an attorney?”. Our response is that while not everyone feels the need to have a lawyer represent them in a DWI case, seeking legal representation can actually … [Read more...] The post Do I Need an Attorney For My Minnesota DWI Charge? appeared first on Minneapolis DWI Lawyer Douglas T. Kans.

No False Claims Act Liability Based on Ambiguous Medicare Regulations: Donegan v. Anesthesia Associates of Kansas City

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Medicare regulations are often complex, ambiguous (especially when applied), and bereft of any guidance by the Centers for Medicare and Medicaid Services (CMS) or the local Medicare administrative contractor. As the 4th Circuit aptly observed, Medicare statutes and regulations "are among the most completely impenetrable texts within human experience." Rehabilitation Ass'n of Va., Inc. v. Kozlowski, 42 F.3d 1444, 1450 (4th Cir. 1994). As a result of the complexity of these regulations, qui tam relators are increasingly exploiting the ambiguities of Medicare billing regulations in order to bring qui tam actions alleging Medicare providers submitted false claims when they failed to follow the relator's interpretation of billing regulations.In US ex rel Donegan v. Anesthesia Associates of Kansas City, 2015 WL 3616640 (W.D. Mo., June 9, 2015), the Western District of Missouri recently addressed whether False Claims Act…

White House Rejects Pardon for Edward Snowden

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The White House today released an official statement rejecting a "We the People" online pardon petition for Edward Snowden. The petition had 167,000 signatures. Dan Froomkin at the Intercept has more. The White House response was written by... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

St Louis Speeding Tickets: How Does A Traffic Ticket Affect My Car Insurance?

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ONLY $35 TO HANDLE MOST ST LOUIS SPEEDING TICKETS If you plead guilty to a St Louis speeding ticket, then your automobile insurance will raise quite a bit. Why? Because the insurance company will use the ticket as an excuse to label you as a “risky” or “bad” driver, which in turn allows them to jack up your rates. But it doesn’t have to end up this way! Most analysis shows that if you plead guilty to a traffic ticket, your car insurance will shoot up by about 15-20%. And if you were to get another one (and again plead guilty), then you can expect your rates to go up by another 30%. So as you can plainly see, these tickets can cause your monthly bills to explode. But again, this does not have to happen to you at all!! Instead of pleading guilty to the ticket (by signing the back of it, and mailing in the associated fine), you can have an experienced St Louis traffic ticket lawyer handle it for you. A good attorney can work closely with the local…

[VIDEO] Can the Police Search Your Car Based on Marijuana Odor?

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In Virginia the law says that if the officer smells the odor of marijuana, that alone is enough suspicion that there’s marijuana in the vehicle and therefore the officer has the right to search it because your vehicle is a movable object. , in Virginia the law says that if the officer smells the odor of marijuana, that alone is enough suspicion that there’s marijuana in the vehicle and therefore the officer has the right to search it because your vehicle is a movable object. Video Transcription Does the officer have the right to search your car simply because they smell the odor of marijuana? Let’s talk about that. Hi, I’m Andrew Flusche, your Virginia traffic and misdemeanor lawyer. One issue that comes up quite frequently in marijuana cases is the officer claims they smell the odor of marijuana and then they search the vehicle. The question that comes up is: Can they do that? I thought they had to have a warrant or I thought they had to have my…

News Scan

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Illegal Immigrant Freed by Feds Suspected of Murder:  An illegal immigrant, released earlier this month by Ohio sheriff's deputies after U.S. Customs and Border Protection agents instructed them not to hold him, is now suspected of murdering one woman, wounding another and attempting to rape a 14-year-old girl.  Edmund DeMarche of Fox News reports that Painesville Municipal Court Judge Michael Cicconetti says he doesn't understand how federal authorities could have ordered the release of 35-year-old Juan Emmanuel Razo on July 7, considering he had no green card, birth certificate or driver's license to verify his identity.  At the time, Border Protection officials informed local deputies that Razo was an illegal immigrant from Mexico, but would not pick him up for deportation because he hadn't committed a crime at that point.  Razo is being held on $10 million bond.  His public defender entered a not guilty pleaTuesday, despite…

Overview of Pedestrian Laws in New Jersey

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Pedestrian laws affect everyone in the state of New Jersey. As such, familiarizing yourself with those laws—whether you’re biking, driving, or walking—is vital to your safety as well as the security of others.Stopping for Pedestrians Within CrosswalksPedestrians have the right-of-way when crossing the street within a marked crosswalk. The penalty for failing to yield the right-of-way to a pedestrian in a crosswalk is as follows.A fine of $20015 days of community serviceFour points on his or her driving recordRequired Use of a CrosswalkWhile pedestrians always have the right of way in a crosswalk when the walk sign signals ‘go’ or ‘walk,” pedestrians do not retain those same rights when outside of a crosswalk. What’s more, the law specifies that pedestrians must use designated crossing areas at the intersection and that they must adhere to crossing signals. The rule for crossing an unmarked crosswalk in New Jersey, if caught, is a…

THE LAW ON PROVING POSSESSION OF DRUGS OR WEAPONS IN ILLINOIS

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The police are at your door with a search warrant or maybe they’ve stopped your car for a traffic ticket. In either case, they uncovered drugs, weapons or some other contraband. Can they prove the illegal goods are really yours? Unless you’re caught red-handed, the state can show the contraband is yours through the doctrine of “constructive possession.” To do so, the state must prove beyond a reasonable doubt: 1) that you had knowledge of the contraband and 2) that you exercised immediate and exclusive control over the area where the goods were found. This evidence can be circumstantial. A recent Illinois appellate case provides a good illustration of the law. (See People v Maldonado.) In Maldonado, the court reversed defendant’s convictions for possessing heroin and ammunition. The state did not prove that the defendant had control over the premises where the search took place. Although the state had three pieces of mail addressed to…

Whose Call on Confederate Flag License Plates?

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Following the shooting deaths of nine black worshippers in June at a historically significant Charleston church and South Carolina’s subsequent removal of the Confederate flag from the grounds of the State House, some have called upon North Carolina officials to stop issuing specialty license plates featuring the Confederate flag. N.C. Governor Pat McCrory has said that the […]

Exercising Your Rights at a Traffic Stop

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Dare to exercise your rights during a traffic stop in a courteous manor? Possible lessons to take away from recent events. Yes we have rights in a traffic stop, and yes we should get to exercise them. But your attitude and the manner in which you exercise your rights during a traffic stop gone tense will likely make the difference in whether you make it home from that traffic stop without getting arrested. When a traffic stop becomes tense for whatever reason it may not be SMART to forcefully exercise these rights in a challenging manner. There is a saying “Live to fight another day” these are probably good words to live by. I am by NO means suggesting that if you are rude to a cop then you deserve unfair or bad treatment, or worse, police officers should be better than that, they are trained, given weapons and a wide birth of discretion. But my mother always told me this world isn’t perfect and life isn’t always fair, and I seem to remember her also…

4 Shocking Texas Traffic Stops: Current Texas Law For Arrest After Pulled Over by Police

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Here in Dallas, and probably most of Texas, the death of Sandra Bland in a jail cell over in Waller County is a tragedy and a mystery that is still being investigated. It’s being reported that the 28-year-old woman from Chicago died by her own hand three days after she was arrested and jailed. 1. Sandra Bland Traffic Stop The big question for everyone is why Sandra Bland was ever arrested in the first place. The DPS video from the police car dashcam is here if you want to see it (again, probably, it’s been widely circulated).   The complete transcript of the exchange between Sandra Bland and the Trooper from the Department of Public Safety (DPS) has been published by Huffington Post. You can read it here. This post isn’t delving into what happened to Sandra Bland. There are plenty of people doing that on the Web and in the main stream media and in courthouse hallways already. Instead, let’s consider “traffic stops” in Texas and what the…

Massachusetts SJC holds that a CWOF on an OUI counts as a conviction for CDL license holders

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In a recent Massachusetts Supreme Court decision, Alfred Tirado v. Board of Appeal on Motor Vehicle Liability Policies and Bonds, the Court held that a continuance without a finding (CWOF) is a conviction funder G.L. c. 90F, section 1, which governs the licensure of commercial drivers. The decision essentially means that CDL holders who plea to an OUI will suffer the same license loss as those found guilty of the charge.  The SJC’s decision in Tirado can be found here. The case arose out of an Appeals Court decision vacating three Board of Appeals CDL suspensions where the drivers received CWOFs on OUI charges. The Appeals court held that a CWOF was not a conviction. The Board appealed and the Supreme Court overturned the Appeals Court’s decision.  You can hear the oral arguments from the case on the Suffolk Law School Website. The Supreme Court’s reasoning was based on the Federal Commercial Vehicle Safety Act of 1986 and the subsequent Motor…

Child Pornography in Utah

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A marine living in St. George, Utah was arrested Monday for possession of child pornography.  24 year old Richard Anthony Vidal turned himself in on Monday after returning from overseas to his home in St. George, Utah. A search of his home and electronics conducted earlier this year revealed numerous pictures and videos of sexually […] The post Child Pornography in Utah appeared first on Salt Lake Criminal Defense.

WELCOME TO FLORIDA. NOW LEAVE

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Message to all attorneys in the other 49 states: Florida doesn't want you. Reciprocity, the comity that states extend to members of the bar: "you let our lawyers in your Bar and we'll let your lawyers in our Bar" doesn't exist in Florida. Florida has long believed that every lawyer in the union would want to retire here:"Yeah, we bought a little place in Boca Raton and I'm going to hang out a shingle and do some closings from my house. The condo has a golf course and a clubhouse and canasta on Thursdays and Gladys's sister and her husband Hubert moved five years ago and they love it. We can't take these winters anymore." Meanwhile, no lawyers in Florida are saying: "Iris and I found a charming place in East Detroit. You can't believe how cheap houses are, and really we like the harsh winters. So we're going to retire and I'm going to pick up a few court appointments on the…

City and Army entered into an agreement...cont

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The court is also unpersuaded by Army's arguments that "this is essentially a claim for indemnity with defense" and that the defense and breach of contract claims herein are identical and duplicative of those asserted in the underlying Stanley action. In the underlying Stanley action, City asserted a cross-claim against Army for contribution and/or indemnity. Here, the City moves for a declaration that, pursuant to the insurance provision in the contract between the parties, Army has a duty to defend City in the underlying Stanley injury action or alternatively, that Army has breached the contract between the parties in that it failed to obtain the insurance required under the terms of the Agreement. An insurer's duty to defend an insured is separate and apart from an obligation to pay or indemnify an insured. Accordingly, an insurer may be contractually obligated to defend on a claim for which it is not required to pay or indemnify because it is later…
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