December

Blog Posts in December, 2011

  • 30-Dec-2011

    Dog Sniffs and the 4th Amendment

    When is a Dog Sniff a Search Under the Fourth? Dog sniffs raise interesting 4th Amendment legal analysis. Regular human senses don't automatically violate the Fourth Amendment. Additionally, the Court has allowed the use of some sense-enhancing ...
  • 28-Dec-2011

    Lawyer Jailed For Zealously Representing Client

    The Ottawa County Bar Association and Criminal Defense Attorneys of Michigan and The American Civil Liberties Union of Michigan joined forces today, urging a Michigan Court to dismiss contempt charges against a lawyer. The criminal defense attorney ...
  • 22-Dec-2011

    Jury Nullification

    What is jury nullification? It's when the jury acquits the defendant for reasons of their own. It's when the jury pretty much disregards the jury instructions and considers what they think should happen. Ethically, a lawyer is to not ...
  • 20-Dec-2011

    Do You Actually Have To Drive To Be Found Guilty Of DUI?

    As a DUI lawyer, the situation often arises regarding what it means to "operate" a vehicle in terms or the Kansas DUI statute, K.S.A. 8-1567. Do you have to actually drive? Not necessarily. Under State vs. Fish, you had to actually drive. ...
  • 16-Dec-2011

    Can You Identify Him? Hint...He's Sitting Next to the Defense Lawyer.

    As a criminal defense lawyer, I get extremely frustrated when the prosecutor asks the witness on the stand, "Are you able to identify the person who did this? Please do so." Miraculously, the witness points to who....the person sitting in ...
  • 12-Dec-2011

    Are Breath Machines Reliable?

    While a breath machine may give a correct reading, it doesn't always. The accuracy is not reliable. Furthermore, the relevance is questionable, because the alcohol ratio on your breath does not determine whether you are capable of safely ...
  • 9-Dec-2011

    Former Miss USA Arrested For Drunk Driving

    Rima Fakih, who was the first Arab American woman to win a Miss USA pageant, was arrested for drunk driving last Saturday. Her defense lawyer, Doraid Elder said that Fakih's record "has not a single blemish." Controversy is not new to ...
  • 8-Dec-2011

    Man Sentenced to 20 Years for 11th DUI

    In Bloomington, Illinois, forty-seven year old Willian Dietrich, was sentenced to 20 years in prison for DUI. Apparently, Dietrich has been arrested 11 times in the past for driving under the influence. This criminal history, along with his prior 8 ...
  • 7-Dec-2011

    Basic Overview of Drunk Driving Laws in Canada

    Basic Overview of Drunk Driving Laws in Canada Our northern neighbor, Canada, enforces has drunk driving laws on their books. The Canadian Criminal Code has laws against impaired driving. The Canadian Criminal Code also prescribes the procedures for ...
  • 6-Dec-2011

    Pleas Deemed Unconstitutional By Some

    Whenever I take on a DUI case, I assume we are going to trial and do everything I can to beat it. In fact, as a drinking and driving defense attorney, I love trial. But the reality is. most cases are resolved via plea deals. The prosecutors know I ...
  • 5-Dec-2011

    Texting and Driving Worse Than Drinking And Driving

    Years from now, texting while driving may have the same stigma of drinking and driving, or worse. Academic studies have shown that texting while driving impairs the driver's abilities. However, Car and Driver did a study trying to show just how ...
  • 2-Dec-2011

    Forced Resignation After Officer Falsifies PBT Results

    Erik Norman, of the Richmond County Sheriff's Office in Virginia was forced to resign on October 19, 2011. A prosecutor reported that the former officer told her that he had falsified readings from a PBT. An internal affairs investigation ensued, ...
  • 1-Dec-2011

    Kansas DUI Law Changes Reminder

    As a Kansas DUI defense attorney, people often asking me about the new drunk driving laws that passed in Kansas this past summer. (Legilslation Statute changed July 2011) I love answering their questions and hope to answer more, but I thought I would ...

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