If you live out of state and your driver’s license has been revoked in Illinois due to four or more DUIs, a new law may allow you some relief. As of January 1, 2016, you may apply to terminate that revocation ten years after your most recent Illinois revocation. If you move back to Illinois, however, your revocation will be reinstated. If you would like to apply to restore your Illinois driver’s license, contact an experienced DUI attorney immediately. An attorney can help present your case to the Secretary of State in its most favorable light. The Secretary of State can be a tough customer, and it is essential to present as much evidence as possible to persuade them to grant your requests. If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com. Source: Public Act 99-0290. (Besides Skokie, Matt Keenan also serves the communities of Arlington…
NEW LAW ALLOWS OUT-OF-STATE RESIDENTS TO END THEIR ILLINOIS DRIVER’S LICENSE REVOCATION
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THE OFFICER WAS WRONG ABOUT ILLINOIS LAW! CAN HE STILL ARREST ME?
The police are charged with enforcing the law. But what if they misunderstand that law? What if the officer stops you based on his or her mistaken belief about what the law really means? Will a judge allow the evidence resulting from that mistake to stand? Before he or she can stop you, an officer must have a reasonable, articulable suspicion of wrongdoing. Such a stop or search may be valid even if the officer misunderstood the law as long as that misunderstanding is reasonable. Laws can be complicated and ambiguous. A court will generally not penalize the officer over a complex law. However, if the officer’s mistake is unreasonable, you may be able to get the evidence against you dismissed. In People v Flores, an officer stopped a defendant because he believed the defendant’s license plate frame violated Illinois’s plate-display law. In a subsequent search, the officer found heroin in defendant’s car. The Seventh Circuit Court of Appeals held…
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Recent Successful Case Result: Vehicular Manslaughter, Felony Driving Under the Influence of Alcohol
This matter involved complex, intensive litigation over 3.5 years, 2 preliminary hearings, a dismissal for failure to disclose Brady evidence, a lengthy trial, and a double jeopardy motion granted. Charges were dismissed multiple times. On February 8, 2015, a trial judge ended a tortuous 3 year 7 months battle in ... The post Recent Successful Case Result: Vehicular Manslaughter, Felony Driving Under the Influence of Alcohol appeared first on Law Office of Domenic J. Lombardo.
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Officer Arresting One DUI Driver Gets Slammed By Another
Under most circumstances, police officers might welcome the opportunity to nab two DUIs with one traffic stop—at a checkpoint for DUIs in Los Angeles, for example. But Denver Police Officer Daniel Swint, a member of a special DUI unit, would probably have been content with his initial DUI pickup. The second one landed him in the hospital with serious injuries. According to Denver’s Channel 9 news, Officer Swint had pulled over 27-year-old Jennifer Beauregard on suspicion of DUI around 4 a.m. on a Friday morning. Beauregard halted in the left lane of I-25 so Officer Swint stopped his car there as well. After determining that Beauregard was probably DUI, Swint placed her in his cruiser. He was making a call on his microphone when 28-year-old Heidi Jewell came along in the lane and rammed him. Swing’s patrol car slammed forward, banging into the car ahead of it and causing a four-car chain reaction. Despite his injuries, Swint was able to radio for help. After…
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Recent Successful Case Result: High Profile Arrest to High Profile Exoneration
This matter involves an arrest for alleged sexual violence alleging sexual assault, forced oral copulation, and false imprisonment. An intensive investigation by the defense lead to no criminal charges, and then we successfully litigated against the University that threatened to discipline the defendant. This case is among the first successful ... The post Recent Successful Case Result: High Profile Arrest to High Profile Exoneration appeared first on Law Office of Domenic J. Lombardo.
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Manhattan DUI Driver Was No Real Friend
You may remember the old public service campaign from the Ad Council that stated “Friends Don’t Let Friends Drive Drunk.” A recent story from the Hamptons–the New York playground of the rich and famous–suggests an addendum to that saying: “Friends don’t drive off leaving friends lying in the road after a DUI accident.” That’s not something that cops see every day, no matter how many Los Angeles DUI incidents they handle. The purported friends in this case were 42-year old Manhattan real estate developer Sean Ludwick and 53-year-old real estate agent Paul Hansen. Ludwig was driving his Porsche around on 2 a.m. Sunday, August 30th, with Hansen a passenger in the car. Ludwick crashed the vehicle into a utility pole in Sag Harbor, on a corner not far from the front of Hansen’s family home. The accident ejected Hansen from the car, but instead of staying to assist him (and face police), Ludwig allegedly took off, leaving…
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DUI-Related Accidents Take Grisly Toll – Harrowing Statistics and Stories
According to the U.S. Centers for Disease Controls, almost 30 people the U.S. die every day due to crashes that involve alcohol-impaired drivers. That works out to one death every 51 minutes. If you narrow the statistics down to cases of DUI in Los Angeles and other areas of California, 29 percent of the state’s 867 fatal car crashes in 2013 involved a DUI driver. Online news sources carry reports of deadly DUI accidents every day. They serve as a sad reminder of the real cost of people driving while intoxicated: • A woman in Queens, New York, lost her entire family in a crash on August 23rd. As Lucie Bouaz-Ostane watched in horror, her husband, eight-year-old son and four-year-old daughter died when fire engulfed their vehicle. Bouaz-Ostane had freed herself but wasn’t able to rescue any of her family members. Oniel Sharpe, a 24-year-old man, had rear-ended their car and then sped away from the scene. • In San Diego, Antony Schoenele, age 20, had drunk…
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Colorado Criminal Law - Pleading The 5th (Fifth) - Understanding Your Right To Remain Silent
Colorado Criminal Law - Pleading The 5th (Fifth) - Understanding Your Right To Remain Silent - "Pleading the Fifth" seems like a line out of an old Jimmy Cagney gangster movie - but in actuality it is - in my opinion - the single most important civil right asserted in the criminal justice system. The right is simple on its face but much tougher to apply in different contexts: U. S. Constitution - Fifth Amendment: "No person shall be compelled in any criminal case to be a witness against himself." The right to remain silent under the Fifth Amendment to the United States Constitution provides a blanket shield giving you the right to say nothing that might incriminate you or that may in any way link you to a crime that's been committed. Stated another way, this important right means you are free to refuse to answer any questions that might in some way incriminate you or that could lead to evidence that could be used in an investigation of criminal…
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Case o' The Week: Ninth Scrubs Gov't Theories, Conviction Washes Away - Katakis and Obstruction of Justice
Altering is a no-no. Destroying, mutilating, and concealing is verboten. Falsifying will get you twenty, under 18 USC Section 1519.But “scrubbing?” Maybe not enough for obstruction (at least, not here). United States v. Katakis, 2015 WL 5090792 (9thCir. May 15, 2015), decision available here.Players:Decision by Judge N.R. Smith, joined by Judges Berzon and Chief D.J. Collins (D. Nev.). Facts: Katakis was suspected of bid rigging. Id. at *1. He received a notice that his bank records had been subpoenaed. Id. Two days later, he purchased and downloaded “DriveScrubber 3.” Id. “Once a file is overwritten by DriveScrubber, it is impossible to retrieve it.” Id.That program was installed on two PCs (and an email server) associated with Katakis. Id. The government later seized those three computers, as well as a fourth. Id.at *2. On the fourth PC, the feds discovered ten incriminating emails between Katakis and a business…
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Assault on a Police Officer by another Officer
Assault on a police officer is against the law for common citizens, but what if the assault is by another officer? Caught on video A Peoria Arizona woman was videotaping police activity across the street from her home when she saw an officer strike another cop with an object in his hand and then again […] The post Assault on a Police Officer by another Officer appeared first on Salt Lake Criminal Defense.
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Birckhead on The New Peonage
Tamar R. Birckhead (University of North Carolina (UNC) at Chapel Hill - School of Law) has posted The New Peonage (Washington and Lee Law Review, Vol. 72, 2015) on SSRN. Here is the abstract: Although the Thirteenth Amendment to the...
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The Biggest Obstacles Right Now to Sentencing "Reform"
From late spring through about the end of July, it was my sense that some kind of fairly significant sentencing "reform" bill was going to make more headway in this Congress than in the last, and conceivably could pass. More members of the majority party had expressed an openness to it than we had seen in the last Congress.Probably the first sign of trouble was when the sentencing "reform" bill that had been promised before the August recess never showed up. I expect that one (or several) will show up now, but their content and their prospects for passage seem diminished from what they had been just six weeks ago.I think there are several reasons for this. 1. The national spike in murder and heroin overdose deaths. That these things are happening, and with alarming frequency, is no longer disputed. And both are happening as much as anywhere in our nation's capital, indeed within blocks of where Congress sits. With…
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Injury Crash Blocks US 93
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: 09/07/2015 7:10 p.m. Please direct questions to the District Office Idaho State Police is currently investigating an injury crash on US93 near milepost 68, in Lincoln County. Both the northbound and southbound lanes of US93 are blocked at this time. More information will be released as it becomes available. JC/KJ -------------
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At least 5 Criminal Cases Attributed to Car Defects
There have been a lot of cases over the last ten years related to car defects. GM knew for more than a decade about an ignition problem before it disclosed it to the public. I can remember a few years ago when Toyota had a number of cars recalled related to defects. Unfortunately, innocent people have been charged with crimes due to the car defects and convicted. There were approximately 64 million cars sold in the U.S last year. Car experts anticipate that many more cases are on the horizon due to wrongful convictions related to defects. Five criminal cases this year have been related to car defects. One lady named Ward-Green spent three months in jail for losing control of her GM car that killed a passenger. This past week a court in Pennsylvania threw out her guilty plea due to “new evidence.” The evidence was the recall of 2.6 million cars for defective ignition switches. Ward-Green, like so many others, claimed that her car…
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Fatal Crash near Howe
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: 9/7/15 9:05 p.m. Please direct questions to the District Office The Idaho State Police is currently investigating a single vehicle fatality crash on State Highway 22 at milepost 27, east of Howe. Both lanes of travel are currently blocked. More information will be released when it becomes available. MC/SC -------------
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Guilty Plea in Advance Fee Scheme
Mortgage Fraud Blog. Ann Elizabeth Ursiny, a/k/a Ann Stone, 51, Florida, pleaded guilty to 19 counts of mail fraud and 17 counts of wire fraud all in connection with a fraudulent advance fee scheme involving approximately 100 victims throughout the United States, including many in Massachusetts in which individuals were induced to pay up-front fees to Ursiny and […] The post Guilty Plea in Advance Fee Scheme appeared first on Mortgage Fraud Blog.
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Verfassungskonformität des automatischen Informationsaustauschs
Das Staatssekretariat für internationale Finanzfragen („SIF“) hat Herrn Prof. René Matteotti beauftragt, die Verfassungskonformität der multilateralen Vereinbarung der zuständigen Behörden über den automatischen Informationsaustausch über Finanzkonten („AIA-Vereinbarung“) sowie des Bundesgesetzes über den internationalen automatischen Informationsaustausch in Steuersachen („AIA-Gesetz“) zu analysieren. Das Kurzgutachten wurde am 4. September 2015 vom SIF veröffentlicht. Die Kritiker der AIA-Vorlage vertreten den Standpunkt, die AIA-Vorlage sei verfassungswidrig, da sie das Verhältnismässigkeitsprinzip, insbesondere das Verbot der Beweisausforschung, und die Rechtsweggarantie verletze. Herr Prof. Matteotti gelangt in seinem Kurzgutachten zum Ergebnis, dass die AIA-Vereinbarung und das AIA-Gesetz zwar in die Privatsphäre (Recht der informationellen Selbstbestimmung) eingreifen, sie…
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RMBS Conspiracy Leads to Indictment
Mortgage Fraud Blog. Ross Shapiro, 41, New York, New York; Michael Gramins, 33, New York, New York; and Tyler Peters, 32, New York, New York; were indicted by a federal grand jury in New Haven, Connecticut in a 10-count indictment charging the three former New York-based bond traders for Nomura Securities International, with conspiracy and fraud offenses. Shapiro, Gramins […] The post RMBS Conspiracy Leads to Indictment appeared first on Mortgage Fraud Blog.
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What Differentiates Theft and Burglary?
This may come as a surprise to you, but theft and burglary are actually different crimes. In this article, theft defense lawyer Joseph Lombardo will explain when these offenses can be charged, and which criminal penalties can be imposed if a defendant is convicted in New Jersey. When Stealing Doesn’t Mean Theft As a kid,…
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How You Can Post Bail in Maine
In our last blog post, we detailed what bail means, what it does, and why it's required. However, bail is a surprisingly complex topic, with lots of small details that can make a big difference; especially if you've been charged with a crime and are trying to obtain your release from jail prior to trial, which may be many months away. These complexities are made even more difficult due to the fact that different courts, and even different judges, handle small details about bail slightly differently than others do. As an example of how tricky a seemingly simple subject like bail can become, here's how complex the state of Maine makes it, to post bail: In Maine, there are several different forms of bail. For minor offenses, you could be released from jail without posting bail if you just make a written promise to appear in court. This is called a personal recognizance bond, and is one of the simplest forms of bail to understand, and the easiest to deal with when…
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