by admin | Feb 26, 2014 | Fairfax DUI / DWI
A state senator in Utah is studying the potential effects of putting Breathalyzers in bars. The legislator believes that putting the machines in bars would help with patrons, particularly younger ones in figuring out how much they actually have had to drink. For many people, by the time you have had a few too many your impairment makes it difficult to have an honest assessment of your level of intoxication. Having a Breathalyzer would allow someone to have an objective measure of their ability to drive. The proposed bill would not require them to be placed in bars, but would prevent the bar from being liable. Many bars would worry that a customer would sue if they were later arrested for DWI after having received a reading from the bar that indicated that they were not intoxicated. The bill would also prevent law enforcement from having access to any readings taken by any suspected drunk drivers. Recent data shows that in 2010, nearly a third of all drunk driving deaths in the United States were the result of drunk driving. Each machine would cost the bar somewhere in the neighborhood of about a thousand dollars and the bar would be able to charge whatever fee they saw fit to use the...
by admin | Feb 25, 2014 | Reckless Driving
Police are searching for unknown reckless driving suspect who posted to police Facebook page. A unknown male posted a disturbing video to the facebook page of the San Antonio Police Department. The driver who is yet to be apprehended posted a video of him driving a motorcycle reckless throughout the Texas town. The driver was wearing a video camera on his helmet. The video depicts him weaving throughout city streets. According to one police source the video shows the driver going at what appears to be speeds of over 100 miles per hour. The posting was captioned with a taunt to city police daring them to catch the suspect. Police are concerned that this sort of behavior could lead to copycat crimes. They are also very concerned that the driver could injure himself or someone else if he is not caught...
by admin | Feb 24, 2014 | Fairfax DUI / DWI
A state judge in northwestern Montana ruled earlier this month that the portion of the states law requiring pretrial alcohol testing was Unconstitutional. Under Montana’s 24/7 program, individuals who have been arrested on suspicion of a second or subsequent DWI can be ordered by a judge to submit to breath tests twice a day and/or wear an alcohol monitoring bracelet after they are arrested, but before trial. It is up to the sheriff’s departments of the individual jurisdictions whether they will elect to participate in the program. The judge addressed the law in the case of a man who was arrested on suspicion of drunk driving in April 2013. He had previously been convicted in 2006 of DUI. The program requires the suspect to pay for the costs associated with the testing. In this case, he was in the program from 113 days. That amounted to $450 dollars in fees. He was reported to have failed three breath tests. On each failed test he was charged with contempt of court. He then appealed the contempt findings. The judge dismissed those contempt charges based on his view that the law was Unconstitutionally vague, they went on for an unspecified period of time, and there was no mechanism to reimburse individuals who were later found not guilty of their alleged crimes. The ruling is limited to the contempt charges and to that specific jurisdiction. The Attorney General stated they plan to...
by admin | Feb 23, 2014 | Possession of Marijuana
With a large number of states changing their laws regarding recreational and medical marijuana, sellers were faced with a unique problem. While they may have been selling legally under state law, the sale was still illegal under Federal law. And while President Obama’s administration had directed Federal law enforcement to not enforce the laws, that didn’t make the sale legal. Since the money was gained in violation of federal law, banks were nervous to accept the proceeds. Laws prevent the banking industry from accepting money it knows comes from illegal sources. Typically designed at preventing money laundering of illegal proceeds, the legal marijuana and banks found themselves in a difficult position. Last week the administration took a major step by laying out a framework whereby banks could accept this money and not fear criminal charges for harboring illicitly obtained funds. While the President’s administration has laid out a roadmap some business leaders are still nervous about potential liability for accepting drug money, even if it is from legal operations inside the state. The guidance calls for banks to review the business operations of the marijuana distilleries they are doing business with and ensure that all business practices are legitimate. They map also included a number of issues that banks should look out for and monitor to ensure that their clients are not violating either Federal or state law. In response to the banking issues some marijuana shops have begun operating on an all cash basis, which makes operating a business very...
by admin | Feb 21, 2014 | Drug Charges
A resident of Clifton, Virginia was arrested in Jefferson County Texas after police found nearly $250,000 worth of heroin in his car. Police had initially just stopped the car for a minor traffic violation. During routine conversation with the police officer, the suspect said that he was only in Texas for a brief time and that he had visited an elderly friend in the hospital. The suspect said he was heading back to Virginia after the visit. When asked what hospital his friend was in, the man said “Texas Childrens.” Police obviously thought that was an answer only a truly scared person would make. They then asked for permission to search his car, which the driver granted. Upon searching, the police found three kilos worth...
