Speeding tickets can come with a variety of different penalties. Luckily, we know a guy who can help you get those charges dismissed. If you forgo legal representation, or if you have numerous previous speeding citations, here are four potential penalties you can face. Speeding Penalties 1. Fines – A monetary penalty is probably the most common penalty you’ll face if you receive a speeding or related traffic citation. Fines are oftentimes just the tip of the iceberg, because some cities and states impose additional surcharges and fees. Fines can range from $25 to hundreds or even thousands of dollars based on the violation, your driving history, and if people were injured or you were under the influence of drugs or alcohol. 2. License Suspension – If you’ve racked up numerous speeding violations over a short period of time, you can have your license suspended by the state. Depending on the situation, your license can be suspended for 30 days to a…
4 Potential Penalties For Speeding In Minnesota
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2016 supplement off to the publisher for December 2016 publication
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Destroying Evidence Charges
Have you recently been involved in destroying evidence (NRS 199.220)? That could be altering, erasing, concealing, deleting, obliterating or otherwise destroying a record, book, written document or other seemingly innocuous instrument or object. If that item happened to be one that could potentially serve as evidence for someone’s conviction in a civil or criminal case, the law may find you guilty of having committed a gross misdemeanor. For Nevada residents, it all comes down to one thing only: What were you thinking when you did it? Las Vegas, Nevada, courts consider the willful destruction of evidence to be a crime only if the people who eradicate it do so with the intention of: Protecting themselves or others from arrest or prosecution. Concealing a felony or obscuring the identity of someone who may have committed one. Hindering the law. Delaying an indictment. Keeping incriminating matter far away from the courtroom. To be guilty of destroying evidence, it…
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Backpage Prostitution Stings
The authorities are aggressively fighting prostitution in Columbus and across the state of Ohio. In July of this year, the Columbus police conducted a two-day prostitution sting that resulted in the arrest of 43 women and 24 men. From a public policy perspective, the fight against prostitution is closely tied to the struggles against drug [...]The post Backpage Prostitution Stings appeared first on Columbus Criminal Attorney.
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Great coverage and analysis of Prez Obama's recent clemency work at Pardon Power
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Uber Claims Its App Lowers DUI’s, Study Says No
Uber, a rideshare program that has been in operation for over 6 years, gives riders an option to get around town without using the bus, a taxi, a bike or walking. Over the past couple of years, their program has greatly cut fares and in many cities they now also offer UberPool, where a rider can share a car with others to save even more. Uber often argues that their app helps combat drunk driving incidents because riders are choosing to use their rideshare program over driving their own cars during times when they expect to consume alcohol. However, a recent study in the American Journal of Epidemiology found no noticeable impact on the number of drunk driving fatalities in cities where Uber operates. “We found that the deployment of Uber services in a given metropolitan county had no association with the number of subsequent traffic fatalities, whether measured in aggregate or specific to drunk-driving fatalities or fatalities during weekends and holidays.” It is…
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Prison Litigation Reform Act
Litigating Claims Under the P.L.R.A. Under the Eighth Amendment to the U.S. Constitution, prisoners shall be protected from inhumane treatment or anything considered to be “cruel and unusual” while they are incarcerated in a U.S. Prison. When the Eighth Amendment was first passed to protect prisoners, “cruel and unusual” meant extreme forms of torture or death. However, revisions have been made to the law to prohibit conditions such as sexual assault, violence, poor prison living conditions, and lack of proper medical treatment. Unfortunately, prisoners are still victims of inhumane treatment in prisons across the United States. In 1996, in response to the overwhelming number of suits filed alleging inhumane prison conditions or staff misconduct, the Clinton Administration passed the Prison Litigation Reform Act. The Act was intended to eliminate the amount of frivolous claims against prison conditions and staff misconduct. However, the Act has…
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Are the 2016 Presidential pot politics really so "hazy"?
The question in the title of this post is prompted by the headline of this new Ozy article, which is "The Hazy Politics of Cannabis." Here are excerpts: States and municipalities have enacted a mishmash of laws and regulations in recent years, from allowing full recreational use to allowing only...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/asie-ntu9x0" height="1" width="1" alt=""/>
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Writ of Coram Nobis – Boilerplate Rules You Need to Know!!
US v. Brian Wilkozek, No. 15-1537. In 2003 Brian Wilkozek pleaded guilty to one count of mail fraud for his participation in a mortgage-fraud scheme. By the time the third-party lenders uncovered the scheme, all they could do was foreclose and sell the properties. They suffered losses of more than $700,000. After Wilkozek was caught and pleaded guilty, he was ordered to pay restitution to the victims—namely, the thirdparty mortgage lenders. That restitution went unpaid, so the government asked the district judge to order Wilkozek’s employer to turn over part of his wages. Wilkozek challenged the government’s request via petition for coram nobis—an ancient writ used to collaterally attack a criminal judgment. Wilkozek claimed to have “new evidence” that proves the third-party lenders were not actually victims entitled to restitution. Moving to the merits,…
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Orin Kerr on WaPo: New draft article: ‘The Effect of Legislation on Fourth Amendment Interpretation’
Orin Kerr on WaPo: New draft article: ‘The Effect of Legislation on Fourth Amendment Interpretation’: I have posted a new draft article, “The Effect of Legislation on Fourth Amendment Interpretation,” which is forthcoming in the Michigan Law Review. Here’s the … Continue reading →
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Simmons on Big Data in Our Criminal Justice System
Ric Simmons (Ohio State University (OSU) - Michael E. Moritz College of Law) has posted Quantifying Criminal Procedure: How to Unlock the Potential of Big Data in Our Criminal Justice System on SSRN. Here is the abstract: Big data’s predictive...
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"Trial by Jury, a Hallowed American Right, Is Vanishing"
From The New York Times: The national decline in trials, both criminal and civil, has been noted in law journal articles, bar association studies and judicial opinions. But recently, in the two federal courthouses in Manhattan and a third in...
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"The recording that undid the Chandra Levy murder case"
NACDL links to this article from The Washington Post. In part: But the one thing Morales did not say during the seven-hour recording: that he lied on the witness stand and sent an innocent man to prison in the case...
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New Jersey's Distracted Driving Bill and Its Disturbing Implications for Probable Cause
USA Today reports:A bill under consideration in the state Legislature calls to prohibit "any activity unrelated to the actual operation of a motor vehicle in a manner that interferes with the safe operation of the vehicle on a public road or highway." That means no cup of coffee for those sitting in traffic, no munching on that breakfast burrito, no time to groom. (No, the law does not target coffee verbatim.) The bill is meant to target distracted driving, which plays a role in thousands of fatal crashes in the state each year. At least 3,179 fatal crashes were attributed to distracted driving in 2014, according to the state's Division of Highway Traffic Safety website. Distracted driving played a role in nearly 800,000 crashes between 2010 and 2014.Here is a link to the bill itself. The new section the bill would create reads:2. (New section) a. An operator of a moving motor vehicle shall not engage in any activity unrelated to the actual operation of…
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News Scan
Chicago Gangs Allegedly Plot to Shoot Cops: An alleged meeting last week between leaders of three Chicago gangs was reportedly held to discuss plans to kill police officers in response to the officer-involved shooting death of an 18-year-old last month. Fox News reports that the Thursday meeting involved the gangs Vice Lords, Black Disciples and Four Corner Hustlers. According to the Chicago Sun-Times, which issued an alert to Chicago officers on Monday, the Four Corner Hustlers have "provided guns" and pinpointed a "sniper in place," and is funneling weapons to the two other gangs. The threats follow the July 28 death of Paul O'Neal, who was fatally shot by officers after stealing a car and engaging officers in a chase. The O'Neal family attorney and the Independent Police Review Authority then spouted "inflammatory and false rhetoric" that fueled the current threats, says Dean Angelo, the president of Lodge…
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Back from AGACL
Some readers may have noticed I have not blogged much in the last week. I was in New Orleans at the annual convention of the Association of Government Attorneys in Capital Litigation. (I am not, of course, a government attorney, but they tolerate me there anyway.) I will have more to say on this conference later in the week.
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Be Careful What You Ask For
When a defendant has gotten off with less than he or she deserves with a plea bargain, it is not a good idea to have the entire judgment vacated and go back to square one. From the Ninth Circuit's decision yesterday in Fox v. Johnson, No. 13-56704:Candace Lee Fox pleaded guilty to second-degree murder in 1984 in California Superior Court and, pursuant to a plea agreement, was sentenced to a term of imprisonment of fifteen years to life. Approximately five years later, Fox successfully petitioned to withdraw her guilty plea after establishing that the sentencing court failed to inform her that she would receive a mandatory term of lifetime parole as a direct consequence of her plea. At her subsequent trial, Fox was convicted of first-degree murder, first-degree burglary, and the special circumstance that the murder was committed in the course of a burglary. She was sentenced to life imprisonment without the possibility of parole. In this 28 U.S.C. § 2254 habeas…
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It’s Not Easy Being Green: LeapFrog Execs Dodge Class-Action Over Sales Projections
On August 2, 2016, U.S. District Judge Edward Chen dismissed a shareholder lawsuit brought against children’s educational toymaker LeapFrog Enterprises, Inc. (“LeapFrog”) for failure to adequately plead statements were false or misleading, or made with requisite intent. Plaintiffs’ suit, which was consolidated in 2015, alleged that LeapFrog and its executives hid demand and inventory problems from investors. The judge disagreed, finding that the investors had been sufficiently warned of problems with LeapFrog’s product lines and that the allegedly misleading statements were forward-looking and cautionary, and therefore fell within the PSLRA’s safe harbor. Defendants’ public statements about many of the allegedly misleading topics helped drive home that Plaintiffs’ theory amounted to classic “fraud by hindsight.” Plaintiffs filed their lawsuit in January 2015, following LeapFrog’s disappointing…
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The Distracted Teen Driver and the Risks
It is exciting and stressful when your teen gets their driver’s license. Independence is at hand for your teen. A scary new world of a powerful vehicle under the complete control of your teen and his or her decisions. Driving and traffic laws are designed to keep everyone safe on the roads. There are so […] The post The Distracted Teen Driver and the Risks appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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VA adopts collective knowledge doctrine
Virginia finally adopts the collective knowledge doctrine. (Somehow it hadn’t had to before.) Edmond v. Commonwealth, 2016 Va. App. LEXIS 212 (Aug. 2, 2016): Although this Court has not previously adopted the collective knowledge doctrine, we find that the principle … Continue reading →
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