When I got home from work yesterday I walked to my mailbox and spotted my neighbor. We struck up polite conversation, consistent with social distancing mandates of course. During our conversation he expressed uncertainty as to whether he could drive during the Governor’s Safer at Home order. I do...
Newspaper trumpet the legalization marijuana in several states. Articles track implementation of medical marijuana production, products, and sales in states with existing medical marijuana laws. Everyone is investing in marijuana producers and distributors. The Statistics On November 12, 2018 the...
In North Carolina it is a crime to drive while under the influence of drugs or alcohol. Whether your case is classified as a felony or misdemeanor depends on factors such as the blood alcohol level and past driving record. This guide delves into several ways to defend against a DWI. #1: Failure to...
The Basics of DUI Defense in Oklahoma ... What to expect, and what can be done about it. First, Stop and Do This Now! First, if you or someone you know has been arrested in Oklahoma for DUI or APC, you only have fifteen days from the date of arrest to request an administrative hearing from the...
8. What should I do if I am asked to take field sobriety tests? There are a wide range of field sobriety tests (FST’s). These tests include heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand...
The purpose of a preliminary hearing is to allow a magisterial district judge to determine whether the government can demonstrate a prima facie case against the defendant. A prima facie case requires, in layman’s terms, the government to demonstrate that it is more likely than not that: (1) a crime...
Do not flunk the attitude test ; be civil and polite, because being otherwise will never help you, and it will generally always hurt you in the eyes of the jury and judge. Remember that much of what goes on in the criminal justice system, from cop contact to DA prosecution to judge scolding/...
This is taken from a legal brief I submitted to the City of Seattle in 2010. At common law it was said that “to constitute a crime against human laws, there must be, first, a vitious will; and, secondly, an unlawful act consequent upon such a vitious will." State v. Eaton, 168 Wn.2d 476, 229 P.3d...
There is great reason for the Troopers to take you off camera: FOR THE TROOPER'S BENEFIT IN COURT! SO HE DOES NOT LOSE AT TRIAL! Any OVI (DUI) Defense Attorney will tell you that if there is video, it will most likely benefit the Defense, NOT THE COPS! Surprising, you say!? Its the truth. If there...
Criminal law is one of the oldest of the major branches of law. It spells out rules of conduct for society to follow and provides for penalties when those rules are broken. The law also protects by shielding citizens from wrongful prosecutions and mistakes made by law enforcement officials,...
Am I required/ How much am I required to tell an employer about my disability? The information you must disclose to an employer is dependent on whether you will need accommodations and the nature of those accommodations. Employers are only required to provide reasonable accommodations for “known"...
If you have been arrested for DUI or DWI, it is obviously cause for concern--but not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. That's why it would be a good idea to consider hiring one of America's Top DUI and...
Under What Circumstances Can the Police Pull Me Over? The police need reasonable suspicion of criminal activity to pull you over. It is a very low standard. Simply going over the speed limit by one mile per hour is enough. Almost any traffic infraction will be enough to stop your vehicle. When the...
This is the first edition of the Guide to Montana Traffic Laws. It is based on the National Motorists Association's Motorist's Guide to State and Provincial Traffic Laws, but tailored to our needs here in Montana. It is the only guide of it's kind available in Montana. It is as accurate as we could...
With the summer almost here and in anticipation of those fine weekends which we will be enjoying crabs and beer and going to the ocean for fun and relaxation, the Maryland State Police are out there looking for the drunk driver. With their speed traps, sobriety check points, and the staking out of...
DUI Ambien and "Sleep Driving" "Sleep driving" is defined by the FDA as "driving while not fully awake after ingestion of a sedative-hypnotic product, with no memory of the event." Ambien and other popular sleeping medications are sedative-hypnotic products that can cause this condition. Sleep...
No Reasonable Suspicion to Make a Stop For law enforcement, there must be a valid reason to legally make a traffic stop. The Fourth Amendment requires an officer have a reasonable suspicion that a crime is being committed or about to be committed before making a traffic stop. Reasonable suspicion...
