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2013-06-17 19:37:04 (0 comments, 5 reshares, 13 +1s)

Arizona launches effort to legalize Marijuana for all

Pros and Cons of the Initiative

Advocates for “Safer Arizona” have launched an initiative to fully lift ban on Marijuana in Arizona.  

Petitioners expect to obtain the 259,213 required before July 3, 2014, needed to put the measure on the 2014 ballot.    
 
If passed, Arizona, would join Colorado and Washington in becoming a state that legalizes both Medical Marijuana and Recreational Marijuana use.  

 In 2010 the Arizona Medical Marijuana Act (AMMA) was passed by voters.   But implementation has taken 3 years, enabling dispensaries to finally open for business this year. 

Legal battles stem from the State AMMA Laws which allow for Medical Marijuana, and conflicting Federal Controlled Substances Act laws which still prohibit Marijuana in any form.  
 Safer Arizo... more »

2013-06-12 19:51:21 (4 comments, 0 reshares, 10 +1s)

Arizona to Keep National Day of Prayer Declaration

Appeals Court Tosses Bid. Plaintiff's "Not Injured" by Declaration.

The AZ Daily Star reported that the Arizona Court of Appeals unanimously ruled to "tossed out" a bid by Plaintiff's because there was no evidence that they suffered "distinct and palpable" injury as a result of Arizona's Declaration.  

The Plaintiff's were members of the Freedom From Religion Foundation.  The purpose of their bid was to bar the Governor from declaring along with all states in the USA "National Day of Prayer" in Arizona.  

2013-06-11 19:26:14 (6 comments, 0 reshares, 16 +1s)

Man Sentenced to 30 Days Jail for Football “Double Tap” Gesture

"There's nothing funny about what's going on here today"  - Judge 

The judge sent a message that the courtroom was not a football field, and should be taken very seriously.
 
A former NFL star, and defendant had was preparing to honor a plea to enter a diversion program of counseling in place of jail time, for a probation violation.   

The judge asked him about his satisfaction with his attorney.   It required only a yes, or no answer.  However, the former football player responded with a “fanny tap” to his attorney. 

This gesture infuriated the judge when people in the courtroom laughed about it.  As a result, she rejected the plea negotiation and sentenced the defendant to 30 days in jail, and extended 1 year probation, up from 3 months. 
“All he had to ... more »

2013-06-10 16:14:43 (5 comments, 3 reshares, 8 +1s)

"Say it with Bacon"

Oscar Meyer Influences with Romance.

Here's my pick for most influential commercial ever.   Even though I'm not a bacon fan...I'm a believer now. 

Oscar Meyer compares it's original quality cut of bacon to fine  jewelry.  It wants you to fall in love with their new bacon slices.  The gift of bacon comes in a black velvet box, with gold insignia branding, the works.    

 "Bacon...Is there any meat more noble?" asks the Master Cut Chef at Oscar Meyer.

He calls their new cut of bacon, "the perfect marriage" of superiority and meat.   He  encourages his team to "cut smarter", by allowing the bacon to let them know "how it wishes to be cut". (Not sure how that all works, but if you say so...)

How's this for influential,  "cutting"edge marke... more »

2013-06-03 18:50:09 (9 comments, 1 reshares, 16 +1s)

Here are some tips we compiled for driving safely in the Rain. Being on the East Coast we are getting lots of rain lately.

http://www.snyderwileslaw.com/blog.php?id=35

2013-05-31 18:13:18 (8 comments, 2 reshares, 18 +1s)

Mother of 7 Acquitted of Drug Smuggling Charges and Released from Mexico Jail 

Surveillance footage shows Phoenix AZ "Mom" boarding the bus with only water and a blanket.

After attending a funeral in the Mexican State of Sonora, a Phoenix AZ couple boarded a bus to return home to the United States.  They thought that taking a bus would be safer than driving.   

When they boarded, they noticed only two seats left on the bus.  They each took one of the remaining seats.  Suddenly,    they were ordered off the bus and detained for attempting to smuggle Marijuana into the US.
 
Police agents accused the Phoenix Mother of 7, of strapping 12 pounds of marijuana beneath her seat.  She was arrested was jailed in Mexico then transported to a prison during an ordeal that lasted 5 days.
 
Her husband and attorney rounded up witnesses andsurveillan... more »

2013-05-30 16:58:44 (4 comments, 9 reshares, 28 +1s)

Police Using New Technology to get DUI Blood Test Warrants within 10 Minutes 

Probable Cause for the warrant is still needed, but it makes  getting it approved or denied much faster.

In Arizona, if a suspect refuses a DUI breath or blood test at a DUI stop, the officer must obtain a warrant to have a blood sample drawn.      
For Phoenix police and prosecution it is imperative to avoid delays in obtaining a warrant since the body’s Blood Alcohol Content (BAC) levels naturally decrease over time to preserve evidence.  Before now, the officer had to drive to the police station; write up the warrant; send an application for warrant approval via fax; then wait for a return fax from the judge.     This also gets the police officer back out on patrol sooner.    
 
For the DUI suspect it saves transport to the station, nail biting, and detention timewaiting for t... more »

2013-05-27 20:59:29 (4 comments, 0 reshares, 6 +1s)

Quick note to the community.

When you post the same article or commentary to several different communities within a short window of time, the content gets flagged by Google+ as potential spam. In all cases, I side with Google's recommendation, and delete the post. So if you see your post isn't showing up, that is why.

There were five of these today alone, so I figured I would send a note. 

Have a great day!

Preston Clark

 

2013-05-25 21:41:44 (11 comments, 1 reshares, 16 +1s)

Top 5 Causes of Auto Accident Fatalities and Serious Injuries
 
5 safety tips from police and Department of Public Safety. 

According to the most recent National Highway Traffic and Safety Administration (NHTSA), Memorial Day weekend is the second most dangerous weekend to be driving on the road.   The first was Thanksgiving holiday weekend with 431 fatalities; the second was Memorial Day weekend with 397 deaths.  Of all fatalities for both weekends, 40% were DUI related.
.   
Statistics last year in Arizona, during Memorial Day weekend there were 5 fatalities resulting from 4 different auto accidents and 85 others seriously injured in separate motor vehicle crashes.

The AZ Department of Public Safety reported the following 4 major causes of these accidents: 

• Impaired Driving; 
• Speeding; 
• Seatbeltviolations; more »

2013-05-24 17:26:11 (8 comments, 5 reshares, 29 +1s)

Memorial Day: 10 Facts about History and Observance

Did You Know?

1.  Memorial Day began after the Civil War.   It was dedicated to  the  620,000 who lost their lives in the deadliest war ever to occur on U.S. soil.

2. Out of the total 620,000 fatalities, during the Civil War, a majority  400,000, deaths resulted from disease. Combat resulted in 220,000 deaths.

3. Memorial Day’s focus was to honor those who died in the wars — different from Veteran’s Day, which honors all veterans, living or dead.

4. Memorial Day was initially called “Decoration Day.” Memorial Day was proclaimed May 5, of 1868 by General Logan in his 11th General Order. It was observed by placing flowers on the graves of Union and Confederate soldiers at Arlington National Cemetery.

5. It was later re-named “Memorial Day” in 1882, which wasofficially declare... more »

2013-05-22 18:11:37 (6 comments, 3 reshares, 20 +1s)

Help Lines and Resources for Oklahoma Tornado Victims  

Here' are some resource links for victims of the disaster, as well as for those who want to help.   You can also help too by sharing this post.
  
Tornado victims in need of assistance were urged to call

The Federal Emergency Management Agency
FEMA - at (800) 621-3362 

Website for FEMA set up by the governor www.okstrong.ok.gov.

Register at a storm shelter to get help  

 http://okc.gov/action/stormshelter/

Lost animals and Animal Aid Assistance

If you find displaced animals, you can take them to the Animal Resource Center at 7949 S. I-35 Service Rd. (405) 604-2892. They are also offering displaced people shelter for the night as well.

Also, The Pet Food Pantry of OKC – Pet food, leashes, collars, water,other pe... more »

2013-05-17 22:07:50 (10 comments, 4 reshares, 18 +1s)

Federal Agency Wants DUI Limit Reduced to 0.05% in all States

That's one drink for a person under 120 lbs. and two drinks for a person under 160 pounds.

The National Traffic Safety Board (NTSB) is serious about reducing fatalities and injury accidents caused by impaired drivers.

Nearly 10,000 fatalities and 20,000 injuries occur each year due to impaired driving.  

The  NTSB is charged by Congress to make recommendations to combat the problem.  They have made 19 such recommendations, but not all went without opposition.  

The most controversial of all, was the lowering of the legal limit in all states from 0.08% to 0.05%.  

If you live in a state like Arizona that already has strict laws in place,  the recommendations may not have a large impact.  

The State of Arizona has a provision under A.R.S. 28-1381 whichmakes ... more »

2013-05-16 19:14:18 (12 comments, 7 reshares, 21 +1s)

Student with lethal BAC levels dropped off at hospital with a post-it note  

An ASU student with life-threatening BAC levels, six times the legal limit (.47%) was allegedly dropped off in front of a local hospital, by friends.  He was found unconscious, in a wheel chair, with a post-it note on him.  

The 19 year old student allegedly drank 20 Tequila Shots while participating in a drinking contest with his Fraternity Brothers.  The Centers for Disease Control (CDC) recognizes this type of drinking as “Binge Drinking”, which causes deadly alcohol poisoning.  Binge drinking is the result of drinking 4 or 5 drinks within a short period of time.   The CDC reports that underage drinking results in 4,700 deaths of minors each year, and has become a major health problem throughout the country.  
 
Arizona is a “zero tolerance” state.  Minor consumption ofalcohol, in any ... more »

2013-05-14 20:25:36 (0 comments, 1 reshares, 16 +1s)

Relationship building with Google is a necessary part of life for all businesses that have websites, but Google also has the power to break up with you if you do not play by the rules. Here are three things that can make the search engine giant break up with you. 

Read for more: http://www.searchenginejournal.com/how-to-break-up-with-google-in-3-easy-steps/62736/

2013-05-14 05:03:50 (0 comments, 3 reshares, 15 +1s)

FDA Shuts Down Pharmacy; Halts Use of Drugs Linked to Fungal Infections 

FDA inspections find contaminated supplies and equipment being used in Pharmacy. 

+Matthew Dolman  provides vital information related to Compounding Pharmacy in St. Petersburg which caused an outbreak of fungal infections that resulted in deaths, and serious illness. 

The National Center for Disease Control and Prevention (CDC) linked an outbreak of fungal infections to three lots of medications used for epidural steroid injections. It was reported that 55 people died and at least 700 people became seriously ill as a medications found to be contaminated from the St. Petersburg Compounding Pharmacy.

If you need legal representation due to injury or contamination of drugs, contact: 

+Dolman Law Group  to discuss your matter, and legal representation.  

#perso... more »

2013-05-12 21:33:01 (6 comments, 4 reshares, 14 +1s)

More Fatal Accidents Caused by Teens Texting Than DUI 

3,000 teen deaths caused by texting v. 2,700 from DUI.

Thanks to +Gregg Stark  for sharing this study.  

   
#Indianacriminallawyer   #IndianaDUIlaws   #textinganddriving   #DistractedDrivingDUI  

Part of the reason for these staggering statistics is that teens have more access to mobile devices than alcohol or drugs.  

This study concluded that 50% of all teen admitted to texting while driving, despite laws or no laws against texting and driving.

Currently In Phoenix AZ drivers are prohibited from text messaging. Fines are $100 or $250 if an accident is involved.  It is unlawful for school bus drivers to use mobile phones while driving.  Additional legislation is pending.

Studies conclude that drivers using cell phones while driving were four timesmore likely... more »

2013-05-10 16:28:01 (15 comments, 4 reshares, 21 +1s)

"No Cause to Celebrate" 

Women arrested for DUI, was celebrating end of prior DUI Restrictions. 

A driver in Illinois was stopped by police for speeding.  The police discovered that her driver's license was suspended from a prior DUI conviction in 2012.  

She allegedly reported to the officer she had been drinking to celebrate the end of her prior DUI motor vehicle restrictions.  

The driver was arrested for Felony DUI, with a Blood Alcohol Content (BAC) was allegedly found to be 0.15%, or twice the legal limit of 0.08% in that state.  

Arizona DUI Laws

DUI Laws vary by state. In Arizona a DUI with BAC of 0.15% falls under the extreme DUI laws, which is a Misdemeanor charge.  A DUI while driving on a suspended license elevates the DUI to a felony, and it is considered to be an aggravated factors underA.R.S. ... more »

2013-05-09 16:24:36 (10 comments, 1 reshares, 15 +1s)

 
Jodi Arias Found Guilty of Premeditated Murder - First Degree

An Arizona jury has found Jodi Arias Guilty of First Degree Murder, which is premeditated murder, in the death of her former boyfriend, Travis Alexander.  

This means she will face the Death Penalty or Life in Prison without Parole.  

A crowd of hundreds stood outside the courthouse cheering as the verdict was read. 

The aggravated sentencing stage will immediately follow, in this case.    

 *Google + Friends, You Decide*

 +1 for your thoughts on this news topic: 
   
News & Law Review By:  James Novak, DUI & Criminal Defense Attorney, Tempe AZ
http://www.novakazlaw.com/ 

2013-05-08 03:16:01 (6 comments, 2 reshares, 18 +1s)

Police Face Tough Questions after Rescue of 3 Missing Women 

Rescue not before one missing girl’s Mother died of a “broken heart”. 

During the last decade following the kidnappings the women, then teens or younger, were held in captivity against their will, under unimaginable conditions and treatment. Were the clues there? Where the tips pursued properly by police? 

Most of us remember when the abductions took place.  I remember the vigils, the questions, the heart break, the outcry from the families and town.  Though the town and families never gave up hope, there was an eerie silence.  It seemed to many as if the police gave up, and stopped looking for the missing persons.      

Most perplexing and disturbing is the fact that during the last 10 years alarming incidents were reported to police by neighborhood residents, of women'sscreams, and u... more »

2013-05-06 17:52:29 (10 comments, 3 reshares, 25 +1s)

10 Quick Facts about Cinco De Mayo 

The celebration of victory won against all odds. 

Cinco De Mayo is about much more than festivities, drinking Margaritas, music, and eating great food. 

It was declared a Mexican National Holiday, for a victory won against all odds by Mexico over France in the Battle of Puebla during the 6 year Franco-Mexican War on May 5, 1862.  

The French soldiers outnumbered Mexican soldiers 6,500 over 4, 000.  Mexican soldiers were also at a significant disadvantage against their adversaries in training, supplies,  weapons and funding.  Yet Mexico prevailed against the French who until that point defeated them in nearly every other battle they fought.

Learn more trivia and share your knowledge about the observance of Cinco De Mayo   http://102jamzorlando.cbslocal.com/2012/05/04/10-fun-facts-about-cinco-de-mayo/
more »

2013-04-30 18:16:41 (12 comments, 6 reshares, 22 +1s)

New DUI Breathalyzer Machine Detects Marijuana and Drugs

Evidence “legally defensible” or “arguably questionable”?      

Police may soon have access to new technology in DUI roadside testing for Marijuana, Heroin, Cocaine, Meth, and numerous other drugs. 

The new Drug DUI breathalyzer machine was designed by scientists in Sweden and manufactured under the name SensAbues.  Scientists feel they have made substantial progress for police for roadside tools for DUI detection.
 
The machine works much like an alcohol breathalyzer machine. The method used for processing is referred to as spectrometry and chromatography.   In simple terms, it involves collecting samples of bio aerosol particles in a person’s airway being through the exhalation process. Micro particles pass through a unique filter,  are captured, and then analyzed for detection ofspecified drugs.<... more »

2013-04-28 20:56:20 (16 comments, 5 reshares, 29 +1s)

Juror Jailed for Texting During Trial

Texting juror held in Contempt of Court

One judge sent a message to all jurors that their jury service should be taken  seriously.

It was reported that the judge noticed an “unexpected glow” on a juror when the courtroom lights dimmed to display video evidence in an armed robbery trial.    

The judge excused all the jurors but the one seen texting.  The juror was allegedly charged with Contempt of Court.   This is because at the beginning of trial, the presiding judge provides clear instructions to the jurors to turn off cell phones and all mobile devices, and to refrain from using them.  

A presiding judge has the discretion of charging a person for contempt of court for willful disobedience of court orders, or interrupting orderly court proceedings. 

Penalties are also ordered at thediscretion... more »

2013-04-15 21:40:53 (19 comments, 10 reshares, 25 +1s)

Social Media "Messing with DUI Checkpoints"

Is it wrong to Tweet that you're sitting in a DUI Checkpoint line?

Police are not happy about the fact that social media has enabled real time communications about the whereabouts of a DUI Roadblock.    To circumvent the revelations, police are conducting their DUI checkpoints on “roads less traveled” and during the week instead of weekends in some cases. 

Ironically, however, the National Highway Traffic and Safety Administration (NHTSA) guidelines require the police to sufficiently warn the public about planned or upcoming DUI checkpoints.  A majority of the states in the US have adapted the NHTSA guidelines.  This means they should be complying with guidelines that states signage and communications to the public must be sufficiently announced. 

However, up until now, at least in MaricopaCounty, t... more »

2013-04-14 16:00:04 (13 comments, 3 reshares, 24 +1s)

You are allowed to have bad days.  Even the happiest people in the world have bad days.  The reason they are able to maintain their happiness is that they know bad times are short-lived.  The weight of mistakes, the pain of rejection, the frustration of failure, and the aches of injuries fuel the happy instead of dragging them down.  They know these events are making them wiser and stronger.  Happiness isn’t a temporary state of mind.  Happiness is an enduring faith that what goes around comes around.  It’s a lifestyle that requires acknowledging that you are willing to do the work to make tomorrow a better day.

In any situation, it’s not your specific circumstances that shape you, it’s how you react to your circumstances.  You can’t direct the wind, but you can always adjust your sails.  When it rains look for rainbows, when it’s dark out, look for stars.  Making a habit ofthis takes time and p... more »

2013-04-11 15:35:31 (2 comments, 2 reshares, 19 +1s)

Arizona Supreme Court asked to Hear Marijuana DUI Case

Question: Should a driver be prosecuted for DUI, if they weren't driving impaired?   

The Arizona Superior Court called it senseless. Others called it "absurd".   

The case involves a Marijuana DUI ruling by an Arizona Appeals Court, now petitioned to the Arizona Supreme Court. 

The Appeals Court overturned a Marijuana DUI lower court's dismissal of DUI charges. Only trace compounds of Marijuana were found in the driver’s DUI blood test results.  No alcohol, or other drugs were found in the driver's blood stream. 

The inactive ingredient found, was the remnant of Marijuana known as Carboxy-THC, which can remain in a person's blood stream up to a month after using it.  There was no evidence of driver impairment, at the time of the DUI arrest.  
There wa... more »

2013-04-09 18:15:21 (4 comments, 3 reshares, 18 +1s)

April is National Alcohol Awareness Month  

Nearly 75 percent of teens say their parents are the number one influence on their decision to drink…or not.

A recent study showed that compared to non-drinking peers, teens that drink alcohol were more likely to die in a fatal auto accident; fail in school; be a victim of sexual assault; suffer from alcoholism throughout their lives; or commit suicide.   

In observance of Alcohol Awareness Month, Mothers Against Drunk Driving (MADD) chose April 21, 2013 as “PowerTalk 21 day”.   “PowerTalk 21” day is the national day declared for parents to talk to their teens about the hazards of alcohol and drunk driving. 

A recent study found that, 74% of teens surveyed reported that their parents were the primary influence on their decision to drink, or refrain from drinking and driving impaired. MADDreports studie... more »

2013-04-08 19:40:01 (0 comments, 0 reshares, 3 +1s)

+Glenard Munson Thanks for the invitation.  Great idea for a community! 

2013-04-07 16:39:15 (18 comments, 4 reshares, 18 +1s)

Arizona Man Faces 7th DUI Charge

Anonymous Caller Reports Drunk Driver.

After police received an anonymous tip from a caller about a drunk driver, a man was arrested for what is reported to be his 7th DUI charge. 

In Arizona a DUI, with two prior convictions within 7 years or 84 months, from any state will be charged as Aggravated DUI (Felony) which calls for a minimum of four months in prison.

According to this report however,  the last DUI was over 12 years ago.  Still the Arizona Court is taking it very seriously holding the suspect in detention on $6,000.00 bail. 

Do you think DUI convictions that fall outside of 7 years or 84 months should be
used to prosecute DUI charges? 


Additional Resources:

http://www.novakazlaw.com/DUIDefense/AggravatedDUI.aspx#third_dui


Google + Friends, YouDeci... more »

2013-03-29 16:00:26 (25 comments, 1 reshares, 18 +1s)

Jodi Arias' Defense Requesting Mistrial Alleging Prosecution Misconduct

Prosecutor signs autographs and poses for pictures outside court room.

Defense Attorneys in the in Jodi Arias murder trial filed a motion for mistrial, due to allegations of prosecution misconduct.  After court was adjourned yesterday lead prosecutor, Juan Martinez, was seen outside of the court room posing for photos and signing autographs for fans.  

Jodi Arias' defense team believes this is grounds for a mistrial, especially if the jurors witnessed these events.  The judge will be questioning the jurors about it.

After 38 days of the murder trial, the defense has cost Arizona over $1.4 million dollars.

What do you think:  Are the actions of the Prosecutor grounds for a mistrial?   

Google + Friends, You Decide
 
 +1 for your thoughts onthis ne... more »

2013-03-29 15:10:02 (9 comments, 3 reshares, 19 +1s)

Wake-up Call on Drowsy Driving 

Drowsy driving facts, warning signs, and prevention.

Below are facts and statistics recently reported by the National Center for Disease Control (CDC) and National Highway and Traffic Safety Administration (NHTSA) regarding Drowsy Driving:   

• An estimated 15 to 33 percent of fatal crashes may involve drowsy driving;
• An average of 5 percent of those Surveyed reported falling asleep while driving 30 days prior to the survey;
•Drowsy driving accidents are more likely to result in serious injuries and fatalities than a non-drowsy driving related crashes
• Similar to DUI drowsiness impairs driving skills even if drivers manage to stay awake; 
• Drowsiness slows reaction time, makes drivers less attentive, and impairs decision-making skills;  
• Auto accidents often involved a single vehicledriving off the ... more »

2013-03-25 23:45:05 (80 comments, 35 reshares, 66 +1s)

Police Find Bananas, not Marijuana Growing in Suspect’s Home

Amateur botanist forced to defend himself in the “War on Drugs”. 

Police appeared at the resident’s door with search warrant in Gwinnett County.  

The officer’s claimed they had received information suggesting that he was growing Marijuana in his home. 

But all police found were tropical plants including banana and flowers.  They also found high intensity lamps, fans and a watering system to grown them.
 
The suspect repeatedly told them that he did not grow, sell or use Marijuana.  

Despite the obvious findings, and suspect’s explanation, the police insisted that the suspect incriminate himself otherwise.  They instructed him to say “Just say you had plants and you moved them someplace else." 

When the suspect refused to say that he hadmarijuana plants, and ... more »

2013-03-23 15:57:06 (10 comments, 1 reshares, 15 +1s)

Remove Pot from Pockets before Reporting to Jail
 
Great Snippet from “Things I have learned as a public defender” by  +Aaron Hawbaker 

Aaron’s blog snippets are a combination of truism and satire...with lot of insight. Thanks Arron!

It is not a good idea to report to jail following a DUI conviction after you have been drinking; and it's never a good idea to report to jail for drug possession with Marijuana in your pockets.  

Read More> 
 
http://thingsihavelearnedasapublicdefender.blogspot.com/2013/03/now-where-did-i-put-my-keys.html?showComment=1364052504084#c7486432497863345288

Google + Friends, You Decide
 
 +1 for your thoughts on this news topic: 
   
News & Law Review By:  James Novak, DUI & Criminal Defense Attorney Gilbert AZ

Additional Resources:www.novakazlaw.co... more »

2013-03-21 18:29:39 (7 comments, 0 reshares, 18 +1s)

US Supreme Court Upholds Right to Sell Less Expensive Foreign Published Books 

Kirtsaeng v. Wiley:  The most important case of the century for Copyright Law.

Large book publishers can no longer prevent resale of books produced overseas in U.S. markets.  In a landmark decision the U.S. Supreme Court strikes a fatal blow to Wiley and other large publishers of it’s kind.  But Libraries, E-bay, and many other foreign or second sale book retailers across the USA, are claiming victory.       
  
This statement by Joshua Rosenkranz, Attorney who represented Kirtsaeng, sums it up the best: 

“If copyright owners want to gouge U.S. customers with higher prices, they will have to accept the reality that the marketplace will respond — as it always does — by buying the goods where they are cheaper and selling them where they are more expensive,” saidJoshua Rosenkranz of... more »

2013-03-19 20:31:05 (8 comments, 3 reshares, 16 +1s)

Police stop – “Oh Deer”

This is my pick for best news video clip of the day. 

Lucky deer escapes during police traffic stop.

What started out as a routine traffic stop by officers in Michigan, ended with a live deer jumping to its freedom out of the motorist’s car trunk. 

The motorist told police he accidently killed a deer on the road and was bringing it home to his family to eat.  The police asked to see the deer to make sure it was properly tagged.  

When they opened the truck, a young, very alive, and relieved, deer jumped out and ran off to safety.  
 
Don’t you just love happy endings?

Read More: http://www.cbsatlanta.com/story/21716087/officers-find-deer-in-trunk-during-traffic-stop
Google + Friends, You Decide

  +1 for your thoughts on this news topic: 
   
News & LawReview By:  James No... more »

2013-03-17 18:01:00 (3 comments, 0 reshares, 11 +1s)

2013-03-17 17:58:19 (9 comments, 0 reshares, 18 +1s)

Cat turns 27 years old, sets record. 
At 4 weeks old, he was known as the "runt of the liter", ill and small.

The odds were against him.  But a good home, love and time led this cat to a miraculous recovery, and record breaking age in UK.  

Just imagine...9 more of these:-).   

Google + Friends, You Decide
 +1 for your thoughts on this news topic: 
   
News & Law Review By:  James Novak, DUI & Criminal Defense Attorney Gilbert AZ www.novakazlaw.com

#caturday  

2013-03-15 22:35:14 (14 comments, 6 reshares, 22 +1s)

Ten Fun Facts about St. Patrick’s Day

Celebrate safely, and enjoy some trivia.
  
• The color originally associated with St. Partick was blue, not green. 

• St. Patrick wasn’t Irish.  He was born in Scottland and brought to Ireland as a slave.
  
• St. Patrick’s name wasn’t really “Patrick”, it was actually “Maewyn”. 

• The USA is more Irish than Ireland. The US has approximately 36 million Americans Irish ancestors v. the population of Ireland is about 4.5 million.

• 1 percent of the entire amount of beer in the world is consumed on St. Patrick’s day.

• The bar tab on Sunday for the USA is expected to top   $245 million. 

• Sales of Irish whiskey are up 400% in the last decade, and have spiked 22% over the last since last year. 

• 56 Percent of the adultpopulation in the USA will celebrate St. Pa... more »

2013-03-14 15:25:03 (10 comments, 5 reshares, 25 +1s)

Car Salesman Taken for the Ride of His Life

Take a break and laugh out loud. 

This is the funniest (real-life) commercial I have ever seen. 

Warning, major spoiler below:

Jeff Gordon is a professional race car driver...  

2013-03-13 22:55:48 (6 comments, 4 reshares, 13 +1s)

Critics say Arizona Marijuana DUI Law Far from Fair

Imagine getting a DUI for a drink you had two weeks ago. 

Arizona DUI Laws have always prohibited driving impaired to the slightest degree due to alcohol or drugs.   But now you may be convicted of drug DUI even if you were not driving impaired due to Marijuana used a month before driving.  

Last month, an Arizona Court of Appeals overturned a case dismissal after it determined that a residual inactive ingredient in Marijuana, found in a driver’s blood stream, falls under Arizona DUI law A.R.S. 28-1381.   The higher court ruled that if either the active or the inactive ingredient were found in a person’s blood stream they could be prosecuted for DUI charges, regardless of if they were impaired or not. 

The inactive ingredient in controversy was “Carboxy-THC”, which is not impairing, and canremain in a ... more »

2013-03-12 19:51:37 (19 comments, 3 reshares, 17 +1s)

"Probable Cause" Needed for Search 

”Drones need not apply”

Is technology evolving faster than constitutional protections?  Some say "yes" and feel more privacy protections are needed to combat potential abuses of unlawful searches.   

In Arizona, one legislative effort to protect 4th Amendment Constitutional Rights was hit hard and disbanded following heavy opposition by from Arizona Law Enforcement Agencies.    
 
Opponents of domestic surveillance drone use for law enforcement purposes in Arizona feel there are not enough privacy laws in place to protect the privacy of the average person, from unreasonable searches.  They also do not want Arizona to be perceived as a policing state. 

Proponents of the bill, including police say that to create more protections imposes limitations on law enforcement efforts; andthat enough ... more »

2013-03-10 19:10:59 (6 comments, 0 reshares, 15 +1s)

Man arrested for disturbing the peace due to laughing too loud 

Disorderly Conduct Charges, are no laughing matter in Arizona. 

This story caught my eye.  If I may indulge my thoughts, I wondered “What other criminal offenses could have been taking place in this jurisdiction while the police were at this man’s house citing him for "laughing out the window of his home?” 

There are a lot worse things that can happen when two neighbors at odds.  But in this case, following an adverse eye to eye interaction between two neighbors, one laughed outside a window in his home, at the other neighbor.  Police arrived shortly and cited the man who "laughed" with two tickets for “disturbing the peace”. 

In Arizona, Disorderly conduct charges under A.R.S. 13-2904 are charged as Misdemeanors, they are the most Class 1 which are the mostserious of misde... more »

2013-03-06 16:53:31 (2 comments, 1 reshares, 12 +1s)

The Fate of Guns Purchased in Buyback Programs

Proposed Arizona Legislation would require guns be resold after buyback. 

What happens to guns after "Buyback"?*  Here's the latest news in Arizona: 

Currently in Arizona, firearms purchased in Buyback programs, and not found to be reported stolen or involved in crimes, are destroyed following police purchase.
  
A new bill, introduced to the AZ legislature is intended to stop the destroying of weapons after Buyback Program purchases. The legislation if passed, would require police to either sell or trade the firearms to licensed firearms dealers.  This move has several goals including additional income for the cities, and keeping the weapons in utility for qualified purchase and trade. 

The NRA and other opponents of Buyback programs and destroying guns, considers these practicesas for... more »

2013-03-02 19:52:27 (7 comments, 0 reshares, 14 +1s)

Sounds like a case prosecutors should forget about! +Jason Dunkle +James Novak 

2013-02-27 17:31:15 (8 comments, 1 reshares, 14 +1s)

Investing in Marijuana Stocks Huge but Risky Business

Much to gain but more to lose.  

It is estimated that Marijuana is a $100 billion business in the USA. This converts to an estimated $10 billion in potential tax revenue. 

The Federal Government and States collectively spends $40 billion a year attempting to combat Marijuana related offenses.  Of all Marijuana arrests, 89% are possessors or users rather than dealers, with an estimated 60 million people in the United States using Marijuana. 

Public Companies recognize the economic gains, but experts caution investors about the monumental risks involved.  Small companies stand to lose everything.  

If Marijuana were to be legalized throughout the USA, the winners are predicted to be the larger companies, such as well- known companies in the tobacco industry.  

Read more: 
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2013-02-24 20:57:03 (9 comments, 1 reshares, 12 +1s)

Oscar Pistorius' Brother also Facing Murder Charges

Former Olympian's Brother Accused of Murder in 2010 Death of a Woman

Oscar Pistorius, former Olympian is currently facing pre-mediated murder charges.  However, his brother, is also facing a murder trial of his own, in the death of a woman stemming from a motorcycle accident in 2010.

Carl Pistorius faces very different homicide charges "Culpable homicide" which refers to "unlawful negligent killing".  Defense attorneys for Carl Pistorius call it a tragic road accident. 

There is no reported evidence that he was driving impaired when his vehicle collided with a motorcyclist during the day.  He denies driving recklessly, and contends the motor cyclist hit his vehicle. 

Google + Friends, You Decide
 
 +1 for your thoughts on this news topic: 
  
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2013-02-24 20:55:39 (2 comments, 1 reshares, 17 +1s)

Jodi Arias Trial: AZ Supreme Court Denies Defense Request to Toss Death Penalty

Defense Attorneys claim lead detective gave false testimony.

If you are following the Jodi Arias trial, there was an interesting turn of events on Friday. 

The Arizona Supreme Court quickly rejected Defense Attorney's request to take the Death Penalty off the table, as an option.  Instead, they want to worst punishment available to be life in prison if she is found guilty. 

Arias’ attorneys argued that  Mesa police Detective Esteban Flores the lead detective on the case committed perjury during a pretrial hearing focused on determining whether the death penalty should be considered an option for jurors.  

This aggravating factor could lead to the death penalties if convicted, defense attorney’s want it thrown out. 

The lead detective admits toa misunde... more »

2013-02-23 19:42:59 (3 comments, 0 reshares, 19 +1s)

Google Places Listings: What's Your Score?

A low score, or no score can cost visitors to your website.

Does your Google Places listing have a score under it?  Mine does not. I found out why, finally.  You have to have at least 10 reviews on your Google Places listing to get a score between 1-30 with 30 being excellent.  In criminal and DUI defense clients are reluctant to write reviews, and for good reason.  I got two DUI charges dismissed last week, but the the clients did not wish to post reviews on Google places, despite their being pleased with the service and outcome of their case.  It's too easy for employers, or other interested parties to trace their identities.  I was just wondering if anyone else is having the some challenge with getting clients to put reviews on their places listings, and what ideas anyone may have to help influence clients to post theirrevie... more »

2013-02-23 19:41:33 (9 comments, 1 reshares, 9 +1s)

Google Places Listings: What's Your Score?

A low score, or no score can cost visitors to your website.

Does your Google Places listing have a score under it?  Mine does not. I found out why, finally.  You have to have at least 10 reviews on your Google Places listing to get a score between 1-30 with 30 being excellent.  In criminal and DUI defense clients are reluctant to write reviews, and for good reason.  I got two DUI charges dismissed last week, but the the clients did not wish to post reviews on Google places, despite their being pleased with the service and outcome of their case.  It's too easy for employers, or other interested parties to trace their identities.  I was just wondering if anyone else is having the some challenge with getting clients to put reviews on their places listings, and what ideas anyone may have to help influence clients to post theirrevie... more »

2013-02-22 20:52:34 (1 comments, 0 reshares, 3 +1s)

Anyone here handle or know of anyone who handles criminal cases in Dooly County, Georgia. We just got a new criminal lead in through our site and don't have a lawyer in that area in our network. Let me know and I'll send over the lead info. Thanks!

2013-02-20 17:04:29 (15 comments, 3 reshares, 19 +1s)

SCOTUS Overturns FL Supreme Court Ruling Suppressing Search based on Dog Sniff PC

In Florida v. Harris, decided today, the Supreme Court has ruled that, even without any showing of reliability in the field, a properly trained drug dog alert can create Probable Cause for a search. The dog handler in this case did not maintain any field performance records and so there was no way to show how the dog actually performed in the field. The Florida State Supreme Court reversed the trial judge and suppressed the search, now the US Supreme Court has reversed.

 In fairness, there is no specific ruling as to what facts must be shown to prove reliability, accuracy and PC. It is a fact specific inquiry that is done on a case by case basis. The opinion is here: http://www.law.cornell.edu/supremecourt/text/11-817

I have also shared my blog post from the fall that discussed theissu... more »