St. Patrick’s Day is here! This holiday celebrates Irish heritage with food, green attire, music, dancing and, often, the consumption of alcohol. According to reports from the National Highway Safety Administration, St. Patrick’s Day sees one of the biggest increases in drunk driving arrests and accidents compared to the rest of the year. In fact, during the 2014 St. Patrick’s Day holiday period, more than 28 percent of all motor vehicle crash fatalities involved drunk drivers. Moreover, from 2010 to 2014, nearly three-fourths of the drunk-driving fatalities during this holiday period involved drivers who had blood alcohol contents (BACs) above the 0.08 limit. Of those crashes, 266 resulted in death. If you are arrested for a DUI in Florida, you can face very harsh consequences. For a first offense, you could potentially serve time behind bars along with heavy fines, probation, suspension of your license and even the mandatory installation of an ignition…
Stay Lucky On St. Patrick’s Day – Don’t Drink & Drive
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"How Black People Are Being Shut Out of America's Weed Boom: Whitewashing the Green Rush"
The title of this post is the headline of this terrific new BuzzFeed News piece authored by Amanda Chicago Lewis spotlighting how the marijuana industry has a notable look to it that ought to trouble progressives eager to see such an industry develop. Here are a few extended exceprts from...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/4pWS5vH9AWk" height="1" width="1" alt=""/>
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ALEX MICHAELs
Let's stop the rumor mongering (We know, the whole pot calling the kettle black thing) and tell you what we know. Alex Michaels is in trial before Judge Charlie Johnson. On Wednesday Alex did an amazing job taking apart the prosecution's eye witness on cross-examination. Alex was also held in contempt on Wednesday. The reasons have not been made public. There are rumors that the judge will issue a written order. The trial is on-going. Alex is NOT in jail, as we write this. Standby for more news as we get it. That's a figure of speech. You don't need to stand and you certainly don't need to be near us. You get our point. In other news. Donald Trump announced that Alex has his full support. Are we seeing a possible appointment as Attorney General in the Trump administration? How about US District Judge, or even a Court Of Appeals spot? You never know. Site Feed
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Fentanyl Laced Heroin: The Real Cost of a $10.00 High
Imagine the lethal game of “Russian Roulette”, but with different rules of chance. Let’s say the chambers in a revolver that holds 6 rounds are all loaded with bullets, except for one chamber. Now the risks have drastically increased. It means there is a one in six chance you will live, instead of a 5 in six chance of survival. Continue reading
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Kendrick Busby of Broward, Florida Arrested for Second-Degree Murder and Sexual Battery
Kendrick Busby, a bailiff for the main Broward County Sheriff’s Office is accused of soliciting oral sex from a prostitute and then allegedly stabbing her when she asked for money up front. Busby faces sexual battery and second-degree murder charges. He was released from jail on Tuesday after posting a $30,000 bail bond. According to the arrest report filed by Miami-Dade police, Busby, 45, met the prostitute at a gas station in northwest Miami-Dade a little after 1 a.m. on February 21. After agreeing to the pay her $60, the prostitute got into Busby’s red 2004 Ford SUV and he allegedly drove to a secluded area near Northwest 11th Avenue and Northwest 81st Street. The prostitute told detectives that she asked Busby to pay the money upfront before engaging in the sex act; Busby purportedly reached for his wallet, but instead pulled out a six-inch-long knife with a serrated blade and reportedly ordered her to perform oral sex on him because no one would care if she…
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Hit and Run Cases on the Rise in Fort Lauderdale and West Palm Beach
The Florida Highway Patrol is reporting a state wide increase in the number of hit and run crashes. In 2015, there were 92,000 hit and run related crashes investigated by law enforcement in the State of Florida. The Fort Lauderdale and West Palm Beach areas have also seen their fair share of increases in hit and run crashes. In most cases, Florida makes it a crime to leave the scene of an accident. The nature and extent of property damage and/or personal injury will determine whether or not law enforcement will pursue either misdemeanor or felony charges. Why do people leave? Some people leave out of pure fear or panic. Others have attendant legal issues that will create additional legal troubles if they stay. Common examples are not having a valid driver’s license, having a suspended driver’s license, no insurance, an outstanding arrest warrant for an unrelated case or immigration related concerns. Often times, people may leave the scene of an accident if they are…
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Stopped by a policeman. What should you do?
Being stopped by a policeman is scary no matter what the reason for the stop is. While we all hope that police officers will be fair and just, citizen rights are not always respected. It is important to avoid doing anything that could risk your safety or your freedom. General guidelines for dealing with police: always be respectful and watch what you say. What you say “can and will be used against you in court” and can give the police an excuse to arrest you. Do not interfere with or obstruct the police. Do not argue with a police officer, do not touch a police officer. Do not run from a police officer. It is not a crime to refuse to answer questions, but refusing to answer might make the police suspicious about you. Police may pat down your clothing if they suspect you of concealing a weapon. Be clear that you do not consent to any search. What to do once you are under arrest or you suspect you are under arrest: Ask if you are…
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The Evolving Constitution
One of the classic debates in constitutional law is about whether the Constitution "evolves." This is, for example, at the center of much of the discussion concerning the death penalty and the Eighth Amendment, as "currently understood." The battle between Justice Scalia's concurrence in Glossip and the two-Justice dissent filed by Justice Breyer is an apt illustration.One of the country's leading senators has seen the Constitution evolve dramatically about a question now much in the news, given the pending Supreme Court nomination.
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Noah’s Law passes the Maryland House – with amendments
The Maryland House of Delegates took the courageous step of passing Noah’s Law, HB 1342, with substantial amendments. The amendments make the bill a much more rational and humane way of encouraging sober driving while not unnecessarily punishing social drinkers or putting them out of work. The law deals with test failures and refusals before court and the effect of convictions after court. Under current law a person who submits to a test and has a reading of 0.08 or more and less than 0.15 faces a 45-day suspension for a first offense and 90-day suspension for a second or subsequent offense. On a first offense or a second or subsequent offense more than five years after the first the suspensions may be modified by an administrative law judge to allow restricted driving for purposes of work, school, alcohol education or treatment, or medical treatment for the licensee or family members. Noah’s Law changes this to increase the suspension periods…
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Two-vehicle crash sends one to hospital west of Twin Falls
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: 03/18/16 3:15 p.m. Please direct questions to the District Office On March 18, 2016, at 11:45 a.m., Idaho State Police investigated a two-vehicle, injury crash on U.S. Highway 30 at milepost 213, one mile east of the US-93/US-30 junction. Cynthia Morgan, 64, of Filer, was driving a Dodge Stratus westbound in the right lane. William Falconburg, 34, of Jerome, was also westbound driving a Chevrolet Suburban. Falconburg was in the left lane. Morgan changed lanes to the left lane from the right, and struck the Suburban. She lost control of her Stratus, and drove across the eastbound lanes, striking the guardrail, and coming to a stop on the eastbound shoulder. The…
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News Scan
TX Game Wardens Hunt Terrorists: In addition to searching for people fishing and hunting illegally along the Texas Gulf Coast, game wardens in the state are now beefing up the department to combat the threat of terrorism. Dave Fehling of Houston Public Media reports that the Texas Parks and Wildlife Department recently acquired 100 devices that scans cargo coming into the Port of Houston in order to detect radiological and nuclear emissions. The department is taking this proactive approach in an effort to prevent terrorists from smuggling radioactive material into the U.S. via boat.More Officers Buying Insurance in case of Lawsuits: Data released this week from the Fraternal Order of Police, the largest U.S. police union, shows an increase in law enforcement officers buying professional liability insurance policies after several high-profile officer-involved shootings have sowed fear among officers that they may face a lawsuit for on-duty actions. …
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Kaplan on Rape Beyond Crime
Margo Kaplan (Rutgers Law School) has posted Rape Beyond Crime (66 Duke Law Journal (2017)) on SSRN. Here is the abstract: Public health experts agree that sexual violence constitutes a significant public health issue. Yet criminal law dominates rape law...
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Divisiveness, Hypocrisy and the Left
Heather Mac Donald has an insightful piece in the National Review in which she discusses the most recent liberal hypocrisy on the concept of divisiveness. She notes that commentators in mainstream media "have been shedding crocodile tears" over Donald Trump's "divisive rhetoric" and "failure to unify the country," which is quite confounding coming from "the same worthies who have incessantly glorified the Black Lives Matter movement over the last year and a half." The article is aptly titled, "Don't Blame Trump for Divisiveness When the Left Says Stuff Like This." Some of that stuff:A Black Lives Matter march last October featuring "F**k the Police," "Murderer Cops" and "Stop Police Terror" chantsA president who "routinely claims that police and the criminal-justice system treats blacks differently than whites" even in the absence of empirical dataA Democratic…
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Plan de Gobierno de Fuerza Popular
PLAN DE GOBIERNO DE FUERZA POPULAR . jajajajaj!!!! Antes de analizar bloque por bloque –son seis en total- presentaré el contenido de cada bloque de manera muy resumida, hoy les entrego el PRIMER BLOQUE y lo que piensa hacer el partido de la japonesa y enseguida lo comentaré, es preciso no obstante, resaltar parte de la introducción del plan y un resumen apretado y aleatorio de los últimos 25 años, donde la Constitución de 1993 se destaca nítidamente como el proceso de RECOCILIACIÒN NACIONAL , la libertad de Alberto Fujimori es un tema de cajón en el enunciado aunque no se escriba una sola palabra al respecto. Finalmente les adelanto que NO existe una sola mención al Sistema de Pensiones sea público privado que no sea un breve párrafo en el tema de la Administración de Justicia respecto de la ONP, omisión imperdonable si consideramos el…
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The Mask Drops, Again
Lest anyone be fooled about the ultimate aim of the pot legalization movement, this article featured on SL&P should clear it up. The idea is that legalizing pot is where we should start, but legalizing everything -- meth, heroin, crack, all of it -- is where we should end up. We are told that the way to "win" the war on drugs is complete and unconditional surrender. One might think that using language in that upside-down way reveals that the movement has been smoking............something.Is it even possible that anyone doubts full drug legalization will mean increased drug use? I mean, what else happens when we lower the costs and risks of using X? We get more of X. And what will happen when we get more consumption of meth, heroin and all the rest? We'll get more addiction and more death.Why would anyone want that? Part of the answer is that a segment of the legalization movement wants it in the name…
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A Big Hairy Mess
Before I get into this, let me say: I am not a reporter. I don’t have reporter skills; I don’t have journalism training; I just think this is an important story, which should be getting more attention than it appears to be getting. At least, outside of Orange County. And since I’m not in Orange County, I don’t exactly know what kind of attention it’s getting there, other than what I will mention in this post. Today, in some Orange County Courtroom, Judge Patrick Donahue heard a motion to either dismiss a certain criminal case – the exact case doesn’t matter here – or to recuse the entire Orange County District Attorney’s Office based upon witness intimidation. The motion was filed in the case wherein defense attorney James Crawford was advising a witness when he was savagely beaten by the prosecution’s investigator. Although I’ve been following this case as best I can from Fresno, Fresno is at least four hours…
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But He Wrote “Girls”!!!
The headline began with the use of the word “kids,” a slang word for children. Children dislike being reminded that they’re children, because it’s stereotypical, ageist and true. However, there isn’t much to scream about, given that ageism is a minor offense at the moment. Its day may come, like fat-ism or smell-ism. Whether or not there will be a stupid-ism remains to be seen. It’s not out of the question. But the headline then went all parity, from kids to “girls.” Bingo! Crank up the outrage machine. What headline? Smart Kids Stay Away From Law School, Girls Take Over If I was to take issue with the headline, my problem would have been that it would appear to exclude “girls” from “smart kids.” It gives rise to an awkward juxtaposition, and that wasn’t its purpose. Elie Mystal saw the headline before it went live. He realized there were issues, but rather than edit (because, after all,…
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Regime Change For Prosecutors
While much of the political world remained obsessed with whether Donald Trump is the worst presidential candidate ever or will bring about the end of times, two smaller primary battles were waged in Chicago and Cuyahoga County, Ohio. The outcomes matter. First, Anita Alvarez, the reigning Cook County State’s Attorney, lost. Her claim to the seat was lost due to her complicity in the concealment of the video of Laquan McDonald’s murder by Police Officer Jason Van Dyke, together with her failure to indict her cop until it became certain that the video would be released. Second, Cuyahoga County District Attorney Tim McGinty, who orchestrated the grand jury show in the Tamir Rice execution. Both need new jobs, because the voters turned them out of office. It happened because of the confluence of two things, the efforts to make it known far and wide that these two prosecutors failed to perform the duties of their office with integrity…
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Why every breath test in Maryland should be suppressed
Every breath test in Maryland is subject to suppression. Every administrative suspension based on a failed breath test should be thrown out. The reason is – in Maryland there is a potential 60 day enhanced jail penalty for every driver arrested for DUI who refuses to take a breath test. The question is – can the State put someone in jail for refusing to consent to a search of their body? Can the State make it a crime, or a sentencing enhancement to refuse to consent to a warrantless search? And if they cannot, can they comply with due process when they use the threat of jail to induce the person to consent to a breath test? The answer to these three questions should be NO. There is a conflict among courts on the issue of whether a State can criminalize refusal to submit to an alcohol test. If it cannot, then any consent obtained by advising a suspect that refusal is a crime carrying a potential penalty of incarceration is…
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Overview of what you need to know about paying for Texas nursing home care using Medicaid benefits
Paying for Texas nursing home care using Medicaid benefits Learn about paying for Texas nursing home care using Medicaid benefits. Medicaid is a joint federal and state program. The Texas Medicaid program is a unique combination of federally-mandated minimum coverage and state-determined optional coverage that help pay for medical care and supportive services for eligible individuals based on income and resources. Medicaid may pay all or part of nursing home costs for eligible clients through the Medicaid Nursing Facility Program; however, clients contribute toward their care, based on income and other considerations. Medical necessity is a prerequisite for participation in the Long-Term Care Medicaid program, and the individual applying for benefits must demonstrate a medical condition that’s of such seriousness that his or her needs exceed the routine care that may be provided by an untrained person, and therefore requires licensed nurses’ supervision, assessment,…
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