With the holidays here, a large amount of people will be traveling to see their families. While this is a time for celebrating and family fun, the increased number of drivers on the roads usually means a larger number of intoxicated drivers, leading to an increased risk of accidents and arrests for driving under the influence. The following tips can keep you out of trouble and help you avoid being charged with a holiday DUI this year. Do Not Drink and Drive Sounds easy enough, right? The most obvious way to avoid a DUI over the holidays is to refrain from drinking and driving. If you plan on drinking, make sure you have a designated driver. If you do not have anyone that can drive you, call a taxi , use a rideshare app like Uber or Lyft, or just stay put until you are completely sober. This will keep you and everyone else on the roads safe. A person can be charged with a DUI if they get behind the wheel of a car with a blood alcohol concentration (BAC) of 0.08% or higher.…
Avoid a Holiday DUI in Tampa Bay
↧
↧
Update Eastbound lanes blocked on Sweetzer
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: 12/22/2015 8:21 p.m. Please direct questions to the District Office ***Update*** At this time all eastbound lanes of travel are open. SD/NH ***End of update*** ***Update*** At this time eastbound traffic is being diverted at Idahome, exit 237. Additional information will be released when it is available. SD/NH ***End of Update*** The eastbound lanes of travel on I84 near the Sweetzer area are blocked due to multiple slide offs. JH /NH -------------
↧
Manitowoc sex offender ordinance approved
12-22-15 Wisconsin: Convicted sex offenders from outside Manitowoc can no longer legally be placed within the city limits after the City Council approved an ordinance regulating such placements. The council Dec. 21 unanimously approved the ordinance, which prohibits any convicted sex offender from residing or being placed on supervised release within the city limits unless the offender lived in
↧
Boy-Boy Strikes Out--For Now
Today in U.S. v. Gregory Bell, aka Boy-Boy, the D.C. Circuit denied appellants' consolidated petitions for rehearing en banc, which challenged the sentencing court's use of acquitted conduct to dramatically enhance appellants' sentences. Two separate and outstanding concurrences are worth...
↧
Unconstitutional Special Condition of Supervised Release Vacated
Sentencing the federal court is a mess. 1984 was a bad year for the federal criminal justice system. The U.S. Senate, by a vote of 83 to 3, and House of Representatives, by a vote 316 to 91, enacted the Sentencing Reform Act of 1984 (SRA). The congressional intent was to eliminate disparity in sentencing among federal courts by limiting the discretion of the sentencing judge to set the term of imprisonment. Congressional Response to Federal Sentencing Disparities It was universally believed that sentencing disparities, could be attributed to the almost impossible task assigned to federal judges that they impose sentences on individual offenders, with the goal of trying to make the punishment fit in each offender and the specific facts of the case, while also attempting to have consistency among similarly situation defendants across the federal system. Unlimited Discretion Produced Horrible Inequities and Injustices Unlimited discretion in…
↧
↧
Finding Hidden Assets During a Divorce Case
In divorce cases, it is not uncommon for a spouse to try and hide assets from the other spouse and the legal system. It is important to properly handle such attempts to hide assets. In a divorce case in Illinois or Iowa, the court has the authority to divide marital property in an equitable fashion. Equitable means “fair” and not necessarily 50/50. So as to try and avoid such property distribution, a spouse may try to hide some assets. If … Continued
↧
News Scan
3,000 Prisoners Mistakenly Freed Early: Since 2002, 3,000 prisoners in Washington have been released early by mistake due to a software error by the state's Department of Corrections. Rachel la Corte of the AP reports that a 2002 state Supreme Court ruling required the Department of Corrections to apply good-behavior credits earned in county jail to state prison sentences, but the programming fix gave prisoners with sentencing enhancements too much good-time credit, resulting in the release of 3,200 offenders. The Department of Corrections was first alerted of the computer glitch in December 2012 and had announced that it would be fixed the same month, but it wasn't. A broad fix to the software problem is expected to be in place by early January. In the meantime, officials are working to track down the affected offenders, the complete list of whom are unknown. So far, seven individuals have been identified as needing to serve…
↧
2015: Celebrating Major Moments in Innocence and Criminal Justice Reform
With 2015 coming to a close, we want to celebrate major moments in exonerations and criminal justice reform this year. Take a look at the highlights: Innocence Project client Angel Gonzalez was exonerated of rape charges after 19 years in prison on March 10, 2015. "[Illinois State Attorney Mike Nerheim's] office readily consented to the DNA testing and moved quickly to reverse the conviction as soon as the testing proved Mr. Gonzalez’ innocence," Innocence Project Co-founder and Co-director Barry Scheck said. "This is a much welcome change from his predecessor who stubbornly fought for years to deny justice for several wrongly convicted people in Lake County.” Learn more. (Photo by Zoran Orlic) Innocence Project client Lewis Fogle was exonerated on September 14, 2015 after spending 34 years in prison for a rape and murder conviction. “Thirty-four years is an extremely long time to serve for a crime he didn’t…
↧
HATFIELD ELDERLY MAN IS ARRESTED FOR ASSAULT WITH A GUN
The holidays can be a stressful time. There are certain do’s and don’ts that we have many times discussed as to ways in which one can release the pressure. For example, going to a therapist or a close friend to discuss the emotional turmoil you are facing is a good one. Taking out a handgun in public and pointing it at someone’s head tends to be a bad one. However, John Kolosewicz (hereinafter, the “Defendant”), of Hatfield, allegedly did it anyway. According to the Boston Herald, the 87-year-old Defendant was in a bar when he got into a disagreement of some kind with another gent about a woman. At some point, according to the story, the defendant decided to do a little less “tell” and moved on to “show” mode when he pulled out a pistol and pointed it at his opponent. The police responded to the scene at Hotel Warren in Deerfield early Monday morning after getting the call from the complainant, a patron who said a man had…
↧
↧
Postconviction Relief Proceedings in Illinois
Postconviction relief proceedings in Illinois are governed by 725 ILCS 5/122. Postconviction relief proceedings are civil actions attacking a criminal conviction and/or sentencing. Typically, postconviction relief actions are initiated after the criminal defendant’s direct appeals have been exhausted. Any person imprisoned may institute a postconviction relief action Illinois if the person alleges that (1) there was a substantial denial of his or her rights under the United States Constitution and/or the Illinois Constitution or (2) the death penalty was imposed and … Continued
↧
Gun Trusts
A gun trust is a type of trust used to register and own firearms in the United States. A gun trust is not a necessity to register or own firearms in the United States, but they do provide many useful benefits, especially in cases where the firearms owned are Title II/Class 3. First, a gun trust permits more than one person to possess and use weapons held in the trust. This means that each individual belonging to the trust has … Continued
↧
Denver Man’s Conviction Vacated after 28 Years in Prison
A Denver, Colorado, man who spent more than 28 years in prison for a crime his lawyers say he didn’t commit, took his first steps towards freedom Tuesday after a judge vacated his conviction and ordered a new trial, according to a news story in the Denver Post. Clarence Moses-EL, now 60, was convicted of a 1987 sexual assault in which a woman was brutally beaten, dragged and raped, but has always maintained his innocence. Moses-EL voiced elation and relief as he walked out of a Denver district court yesterday following Judge Kandace Gerdes’ decision to order a new trial based on newly discovered evidence which, she explained, would allow a jury “to probably return a verdict of acquittal in favor of the Defendant." “I just want to get home with my family,” he told the Denver Post as he left the courthouse. “I'm just so glad to be home.” Judge Gerdes’ decision appears to hinge partly on the fact that another man has…
↧
Close Calls In School Bus and Truck DUIs
Driving a school bus full of kids and/or a truck full of flammable liquid should be challenge enough for anyone. But some drivers with commercial licenses apparently like to take risks with their lives and the lives of others. How else can you explain the fact that they drive with enough alcohol in their bloodstream to be liable for arrest for DUI in Los Angeles? The California Highway Patrol calls the arrest of 46-year-old Charles Foster a “disaster averted.” Foster was behind the wheel of a truck pulling two tankers of gasoline on Highway 101 near the Citrus Fair ramp when the CHP responded to calls from motorists concerned about the way his truck was veering from lane to lane. When Officer Mike Phennicie caught up with Foster and signaled him to stop, the trucker pulled his vehicle onto the sidewalk instead of the shoulder of the road. After observing the trucker and talking with him, Officer Phennicie determined that Foster was operating the vehicle under the…
↧
↧
The Myth of Over-Incarceration
Advocates of alternative sentencing gained a new ally with the election of President Barack Obama, who has both personally and through Attorney General Eric Holder, condemned the tough on crime sentencing policies of the 80s and 90s. An article In the Criminal Justice Legal Foundation's fall Advisory examines the factual basis for the claim that the United States is locking up far too many low-level offenders.
↧
DUI Driver Involved In Cover-Up Conspiracy
Drivers convicted of a Los Angeles DUI may fear the consequences if they’re picked up a second or third time for driving under the influence and/or for causing an accident. Under the California Vehicle Code 23550, repeat DUI offenders could end up spending up to a year in jail and paying a fine of up to $1,000. If they severely injure or kill someone, the penalties are much more severe; under California Penal Code 191.5 a driver convicted of DUI with gross negligence could face up to 10 years in jail. Joshua Daniel Taylor could be looking at that sentence if he ends up standing trial for the death of 38-year-old Rocio Leamon on August 13th. The mother of three was trying to safely cross a road in the Lake Murray/San Carolos area. She had done the right thing, pushing the signal button and waiting for the pedestrian signal before stepping into the roadway. Taylor, on the other hand, apparently wasn’t in the mood to wait for a green signal. He allegedly sped through…
↧
Motorist Dies in Crash East of Ashton
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: 12/23/15 3:45 p.m. Please direct questions to the District Office Shortly before 8:00 a.m. this morning, December 23, 2015, the Idaho State Police investigated a crash westbound on US-20 at milepost 367, about 6 miles northeast of Ashton. David Brallier, age 73 of Annandale, VA was westbound on US-20 in a Toyota Corrola when he crossed over the center line and struck a semi truck driven by Judy Dell, age 52 of Shelley. Brallier was not wearing his seatbelt and died at the scene of the crash as a result of his injuries. His passenger, Cheryl Brallier, age 66 and also of Annandale, VA, was transported by ground ambulance to Madison Memorial. Dell, the driver of the semi, was not…
↧
Injury Crash Near Soda Springs
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 12/23/2015 3:50 p.m. Please direct questions to the District Office On Wednesday, December 23, 2015, at 10:33 a.m., the Idaho State Police investigated a two-vehicle, head-on, injury crash on US Highway 30 at milepost 379 near Soda Springs. Madhawa Somasiri, 38 of Soda Springs, in a 2011 Toyota Prius, was driving westbound on U.S. Highway 30. The area was experiencing winter weather driving conditions with low visibility. Somasiri noticed another vehicle approaching from the rear and moved over to the left to let the vehicle pass him. However, Somasiri collided head-on with a 2003 Toyota pickup that was eastbound. The driver of the pickup, James Glennon, 65 of…
↧
↧
Basics of Filing a Personal Injury Claim in New Jersey & Pennsylvania
When it comes to a personal injury, there are often more questions than answers. Should I file a claim? How long will it take to resolve? Should I accept the insurance company’s offer to settle? If you are like most people, the answers to these questions can lead to confusion and frustration – that is, unless a knowledgeable Bucks County personal injury attorney helps guide you through the process of filing a personal injury claim.At Saile & Saile, LLP, we are dedicated to helping personal injury victims down the road to recovery, and will offer sound advice and wisdom all along the way. What follows is a basic overview of the personal injury claims process in both Pennsylvania and New Jersey, and we encourage you to contact us right away to review the specific aspects of your claim.What is the first step in filing a personal injury claim?In the days and weeks following a harrowing personal injury experience, the first questions are usually “where do I…
↧
Stern on Mens Rea and Mental Disorder
Craig A. Stern (Regent University School of Law) has posted Mens Rea and Mental Disorder (The Insanity Defense: Multidisciplinary Views on Its History, Trends, and Controversies. Mark D. White, Editor. Forthcoming) on SSRN. Here is the abstract: This chapter, to...
↧
Child Abandonment for Leaving Children Home Alone
Deciding what age is appropriate for children to be left home alone or with an older sibling is difficult for parents to determine, especially when it could be seen as neglect or child abandonment. Legal age for being home alone While Utah doesn’t have a specific age in which children are old enough to be […] The post Child Abandonment for Leaving Children Home Alone appeared first on Salt Lake Criminal Defense.
↧
More Pages to Explore .....
