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Monday, May 31, 2010

Terry Stop - What is it?

Frisking (also called a patdown or pat down) is a search of a person's outer clothing wherein a police officer or other law enforcement agent runs his or her hands along the outer garments to detect any concealed weapons

In the case of Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court of the United States held that police have the authority to do a limited search for weapons based on a reasonable and articulable suspicion that the person stopped is "armed and dangerous".

The authority to briefly detain a person upon reasonable suspicion less than probable cause has become known as a Terry stop; when a search for weapons is also authorized, the procedure is known as a stop and frisk. To justify the stop, a law enforcement officer must have a reasonable suspicion that a crime has been, is being, or is about to be committed. If the officer reasonably suspects that the suspect is in possession of a weapon that is of danger to the officer or others, the officer may conduct a patdown of the suspect's outer garments to search for weapons. Pursuant to the "plain feel" doctrine, police may seize contraband discovered in the course of a frisk, but only if the contraband's identity is immediately apparent at the time of the frisk.

http://en.wikipedia.org/wiki/Terry_stop

Saturday, May 29, 2010

ANSWER to the Prescription Question we received on the web

The short answer is yes. Any substance that impairs your physical and mental capabilities can result In a conviction for DWI.

Most states have a DWI/DUI statute that are all basically the same. All though they won't admit it, most police forces have a zero tolerance policy.

Now if you are taking pain medications the likelihood you would generate reasonable suspicion to investigate for DWI would be slim considering the smell of alcohol is what usually gives rise to the suspicion. However, if you are stopped and investigated for DWI your driving is likely the culprit.

Any drug or intoxicating substance taken should draw concern when operating a motor vehicle. You will be at risk. With that said you are the best to judge your mental faculties and physical faculties.

Good luck.

Wednesday, May 26, 2010

Ritter signs DUI measure requiring jail for repeat offenders

By David Olinger
The Denver Post
Posted: 05/26/2010 01:00:00 AM MDT
Updated: 05/26/2010 06:01:31 AM MDT

Gov. Bill Ritter signed legislation Tuesday that requires jail sentences for people who repeatedly get caught driving drunk.

The new law imposes a minimum 10-day sentence for a second offense and 60 days for third and subsequent offenses. It permits work-release programs but not in-home detention if a second offense occurs within five years of the first.

Speakers at the signing ceremony said it was time for Colorado to treat persistent drunken driving as a serious threat to public safety.

"If you have a third DUI, the judge has to put you in jail," Ritter said before signing the bill.

In Colorado, "we were operating a revolving door for drunk drivers," said Rep. Claire Levy, the House sponsor. "I can't think of a bigger risk to public safety than what is literally a loose cannon on our public streets."

In a series of stories last year, The Denver Post reported that some drunken drivers were sentenced to no time in jail on their fourth, fifth and even seventh offenses. The Post also found that sentences for repeat offenders varied widely from court to court and from county to county, and some offenders were spared jail time after they killed people while driving drunk.

Unlike most states, Colorado still has no felony law for people who rack up a series of drunken-driving convictions. The new DUI law, however, does require repeat offenders to be on probation for two years and enter alcohol-education and treatment programs.

Ritter signed other bills Tuesday designed to reduce Colorado's prison population in favor of treatment and supervision alternatives, particularly for people convicted of possessing but not selling illegal drugs.

Illegally possessing less than 2 ounces of marijuana, for example, becomes a petty offense. People caught with more than 1 ounce previously faced first-degree misdemeanor charges.

The law also reduces potential prison time for possessing small amounts of cocaine, heroin, methamphetamine and illicit prescription drugs.

Christie Donner, executive director of the Colorado Criminal Justice Reform Coalition, wept as Ritter signed the drug bill and then handed her the pen.

She said it culminated a decade-long campaign to treat drug addiction as a disease, not a serious crime.

"This bill will save lives," she said. "We have members who have OD'd and died, who weren't able to get into treatment. I think of them today."

Posted at: http://www.denverpost.com/ci_15161885

Legally Prescribed Drugs and DUI Question - Stay tuned for the answer

I have been taking legally prescribed Slow-Released Morphine tablets for back pain for +3 years, with no impairment to my driving skills. However, I gave myself the various police-prescribed balance Sobriety tests, sober, and had minor difficulty maintaining perfect balance. If pulled over, for a turn, with failure to signal, for instance, could I be convicted of DWI simply because I take pain meds? The label says "Use caution operating a Motor Vehicle!" NOT "Do not drive!!? The circumstances in question, would preclude no other probable-cause indicators.

-AF (Question from the web)

Friday, May 21, 2010

Lindsay Lohan expected in court Monday

Associated Press

LOS ANGELES - Lindsay Lohan is expected in court next week after missing a mandatory hearing on Thursday.

Lohan's attorney, Shawn Chapman Holley, says the 23-year-old actress will return to Los Angeles on Saturday and appear in court Monday morning.

After a few breezy days at the Cannes Film Festival, where she attended various events to promote her Linda Lovelace film and partied into the wee hours on the day she was supposed to be in court in Beverly Hills, Lohan is coming home to a litany of legal woes.

She was to be arrested upon her return to Los Angeles for missing the mandatory hearing, but a judge recalled the warrant late Thursday after Lohan posted bail.

Superior Court Judge Marsha Revel set bail at $100,000, revoked Lohan's probation and imposed strict new conditions on the star, who was due in court for a progress report on her probation stemming from two arrests in 2007.

The judge ordered that Lohan be prohibited from drinking any alcohol, required to wear an alcohol-monitoring bracelet and submit to random weekly drug testing.

"If she wanted to be here, it looks to the court that she could have been here," Revel said, frustrated at Lohan's absence.

The actress, wearing short shorts and high heels, was partying on a yacht in the French Riviera until early Thursday morning, says celebrity photographer Phil Ramey, who posted the photos on his website tinselclown.com.

Holley said Lohan's passport was stolen while in Cannes and she was unable to return to Los Angeles in time for Thursday's hearing.

"She did, in fact, have airline tickets," Lohan's attorney told the judge.

Lohan has been on probation since August 2007 after pleading guilty to misdemeanor drug charges and no contest to three driving charges. The plea came after a pair of high-profile arrests earlier that year.

Despite spending 84 minutes in jail and performing mandatory service at the county morgue, Lohan has struggled repeatedly with the terms of her sentence. In October, a judge extended her probation for another year but a prosecutor warned the actress she faced jail time if she violated her probation.

The extension was the third time Lohan escaped punishment after her alcohol-education program notified the court the actress had violated its rules. Two of the instances were described as misunderstandings; the third was chalked up to a busy work schedule.

Revel said at Thursday's hearing that there is probable cause to believe Lohan may have violated her probation. A formal hearing will be held to determine if Lohan is in compliance with the court's conditions.

Original post at: http://alturl.com/6jz2

Investigation for potential DWI or DUI

The officer will typically approach the driver's window and ask some preliminary questions. During this phase of the stop the officer will note if they detect any of the following indicators of intoxication

* odor of an alcoholic beverage on the driver's breath or in the car generally
* slurred speech in response to the questioning
* watery, blood shot, and/or reddish eyes
* flushed face
* droopy eyelids
* difficulty in understanding and responding intelligently to question
* fumbling with his or her driver's license and registration
* the plain-view presence of containers of alcoholic beverages in the vehicle.
* admission of consumption of alcoholic beverage

If the officer observes enough to have a reasonable suspicion to legally justify a further detention and investigation, they will ask the driver to step out of the vehicle.

Original Post: Wikipedia 2010

Thursday, May 20, 2010

Judge issues warrant for Lindsay Lohan's arrest

Lindsay Lohan, victim of a Cannes passport thief, reportedly has a brand new passport and plans to be back in L.A. by Friday evening.

Apparently that's not good enough for the California judge who expected Lohan in court today for a mandatory probation progress report. Judge Marsha Revel issued a bench warrant for Lohan's arrest and set bail at $100,000. Revel added that Lilo can remain at large until a rescheduled court hearing as long as she agrees to drink no alcohol, wear a SCRAM alcohol monitoring bracelet and submit to random drug testing at least once a week.

We hope Cannes was worth it.

Original Posting at: http://alturl.com/85zh

Wednesday, May 19, 2010

Calif. school defends DWI shock tactics

OCEANSIDE, Calif. - On a Monday morning last month, highway patrol officers visited 20 classrooms at El Camino High School to announce some horrible news: Several students had been killed in car wrecks over the weekend.

Classmates wept. Some became hysterical.

A few hours and many tears later, though, the pain turned to fury when the teenagers learned that it was all a hoax — a scared-straight exercise designed by school officials to dramatize the consequences of drinking and driving.

Source: msnbc.msn.com/id/25123570/

Tips For Controlling Blood Alcohol Concentration (BAC)

* Pace your drinking, allow time between drinks.

* Consider alternating non-alcoholic "decoy" drinks with those containing alcohol, ie. drinking plain orange juice every other drink.

* Don't drink on an empty stomach, foods with fats and/or proteins slow alcohol absorption.

Keep track of how much you are drinking; know how much alcohol is poured into every glass.

* Dilute distilled beverages, don't drink them straight. After the first few drinks, reduce the amount of alcohol in each drink. (Your taste buds will be dulled and you won't be able to tell the difference.) itch to "light beer" or "low alcohol" wines after the first few drinks. (Again, your taste buds will be dulled and you won't be able to tell the difference.)

* Avoid possible interactions between alcohol and other drugs (including certain foods and over-the-counter medications).

* Drink only if YOU want to, don't let others dictate your choice.

* Keep active. Don't just sit down and drink all night. If you keep active you will drink less and will be more aware of your level of intoxication.

* Keep out of "Chugging" contests or other drinking "games."

* Stop drinking before the party is over, to allow your liver time to burn off some of the alcohol. Drink non-alcoholic beverages the last hour or so.

* Keep in mind that an added ice cube, a slightly smaller glass, or a "decoy" drink will go undetected by others. They may help you to resist the well-meaning efforts of others at the party who can't stand to see someone without a drink in their hand.

* Remember: Careful planning of a party can increase the pleasure for both the guests and the hosts. BAC's are good measures of the amount of pleasure (or discomfort) that will result from a particular pattern of drinking. BAC's in excess of 0.125% will NOT increase the pleasure, only the discomfort.

* Responsible alcohol use means that you won't be sorry in the morning.


last updated: April 3, 1995
indiana.edu/~adic/tips.html

Sunday, May 16, 2010

Do you understand Miranda?

In Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966), the Supreme Court extended the right to remain silent to pretrial custodial interrogations. The Court said that before a suspect is questioned, the police must apprise him of his right to remain silent and that if he gives up this right, any statements may be used against him in a subsequent criminal prosecution. Under Miranda, suspects also have a Fifth Amendment right to consult with an attorney before they submit to questioning. Miranda applies to any situation in which a person is both held in "custody" by the police, which means that he is not free to leave, and is being "interrogated," which means he is being asked questions that are designed to elicit an incriminating response. A person need not be arrested or formally charged for Miranda to apply.

Provided at: http://legal-dictionary.thefreedictionary.com/Self-Incrimination

Tuesday, May 11, 2010

5 common situations that can effect a DUI breath test

1. Don't ever use any mouth wash. Mouth wash have alcohol in them that the breathalyzer test may pick up. The alcohol remain in the oral cavity for at least twenty minutes.

2. No smoking. There is a certain type of chemical in cigarettes that tell the breathalyzer machine you have alcohol in your system. But you really don't.

3. Eat something. Low blood sugar produces a chemical that tricks the breathalyzer into thinking that you may be intoxicated with alcohol.

4. No burping. Your stomach does contain a bit of alcohol in your stomach acid. You may be better taking a blood test.

5. While this may be a way to avoid a false positive breathalyzer test, don't drink and drive. That's the safest way to avoid getting into a crash.

Posted at eHow

Friday, May 7, 2010

Staying Sober

Published: May 4, 2010:
http://www.rutlandherald.com/article/20100504/OPINION01/5040314/1038/OPINION01

Mistrust feeds on itself, creating wider mistrust.

That's what school officials at Bellows Falls Union High School learned after considering, then tabling, plans to use an alcohol sensor for students arriving at this year's junior prom.

After the School Board tabled the proposal, the American Legion decided not to let the school use its hall in Chester for the dance. American Legion members said the organization was worried about liability issues related to the use of alcohol by kids, though a state liquor control official said there was no greater liability problem with the junior prom than with any wedding or bar mitzvah.

The plan to subject students at the dance to a breath test struck some School Board members as insulting. It is a signal the school does not trust students enough to conduct themselves properly and undermines the students' trust that school officials will treat them with respect. In this way mistrust poisons relationships.

Yet the problem of alcohol is itself a kind of poison. There is no denying that the consumption of alcohol kills too many teens, and if it doesn't kill them, it makes them behave stupidly. Health Department figures show that a high percentage of high school-age students drink, including many who admit to dangerous binge drinking.

Worry, concern, even mistrust, are warranted on the part of adults trying to keep kids alive, safe and non-self-destructive. But people in positions of authority — parents, school officials — are engaged in a fight that goes way beyond them. It goes to a society that promotes alcohol consumption as a sort of magic elixir. No one who watches television can say that beer advertising doesn't encourage teenagers to drink.

Sometimes parents themselves are conflicted on the question of drinking. They did it when they were young, and they feel hypocritical coming down too hard on their kids. There is an unspoken assumption that kids will be kids, and all we can do is hope for the best.

Against this tide of misguided thinking, schools in Vermont have been wrestling with how to treat students at official functions. Burr and Burton Academy in Manchester decided in March it would use a breath-analyzing alcohol-detection machine at all school dances. The decision did not create the same sort of furor as the decision at Bellows Falls, though the issues are similar.

"There was a pretty strong sentiment that the people sneaking around drinking kind of ruin it for everyone," said Headmaster Mark Tashjian. He acknowledged that use of the device caused some to ask, "Is that the kind of school we want to be?"

"No, it's definitely not the kind of school we want to be," he said. "But I know for certain we don't want to be the kind of school where it's OK to show up inebriated for a school function."

It is a dilemma: The school doesn't want dances to be overrun by drunken kids, and it doesn't want to become Big Brother, subjecting everyone to the assumption of guilt.

Schools are searching for a response that rests somewhere between a hands-off approach and the heavy hand. Most students expect school officials to pay attention and keep control; they respect them for it and enjoy a better time when order is maintained.

But a light hand often works better than a heavy hand. Treating students with respect is essential to winning their respect, which doesn't mean coddling them or fearing them. It means expecting them to behave properly and responding firmly when they don't.

A light hand probably doesn't go so far as imposing a TSA-style security cordon to test for alcohol at the door to the dance. Watchfulness and low tolerance for foolishness could probably do the job, especially since students acknowledge that much of the prom night drinking occurs after the dance itself.

Teens need to remember lesson number one: Your parents and teachers want you to stay alive. That's what this is about. And they want you to learn to have fun without behaving like a knucklehead. Doing without the breath test is a good way of showing that parents are not going to take their fears too far. But for the teens to do without the booze is a good way to show that the breath analyzer wasn't necessary in the first place.

Washington woman allegedly drives drunk to Raritan Township Police headquarters

By Stephen J. Novak
May 07, 2010, 9:01PM
A Washington woman was arrested after she drove drunk to Raritan Township Police headquarters for a municipal court hearing at 7:30 Monday evening, police said.

Netrini P. Patel, 31, crookedly parked her car in the police lot while an officer was talking with a resident outside, police said. She then told the officer that she had received a traffic summons from New Jersey State Police and she was there for a hearing, according to a police report.

Court was not in session at the time.

The officer smelled alcohol on Patel’s breath, made her perform sobriety tests and arrested her, police said. She is charged with DWI, reckless driving and improper parking.

Thursday, May 6, 2010

Iowa wrestler arrested on DUI charge

Posted: May 04, 2010 1:37 PM

IOWA CITY (KWWL) - The Johnson County Sheriff's Office arrested University of Iowa wrestler Montell Marion with first-degree operating while intoxicated.

Investigators with the University of Iowa Police pulled Marion over at 2:16 a.m. Tuesday at the corner of Washington and Clinton in Iowa City.

Police said he blew a .151 blood alcohol content level into a Breathalyzer.

The legal limit here in Iowa is .08.

U of I said Marion has been suspended indefinitely following.

Associate Athletic Director for Student Services, Fred Mims, had the following statement.

"Montell has been suspended, pending a review of the situation," said Associate Athletic Director for Student Services Fred Mims. "We hope to have a statement tomorrow regarding his future at the University of Iowa."

Marion is a sophomore and is originally from Des Moines.

This year, the All-American placed second at the NCAA Championships in the 141-pound weight class.

Marion was previously charged with public intoxication in Johnson County in 2008.

He faced a charge of willful injury causing serious injury in Polk County back in 2005.

That case was later returned to juvenile court.

Sunday, May 2, 2010

Seven Arrests for DWI

POLICE BEAT: From the April 29 edition
Wednesday, April 28, 2010 2:12 PM EDT
Staff reports

BORDENTOWN CITY

Police said drunken-driving enforcement netted seven more arrests for DWI so far this month, for a total of eight including one reported last week. Those charged were: Caren Mills, 45, of Levittown, Pa.; Jermar Moses, 33, of Hamilton; Bruce Mosely, 47, of Trenton; Adam Paquette, 22, of Bordentown; Benjamin Shulman, 27, of Bordentown; Jacob Borochaner, 22, of Levittown, Pa.; and Uriath Clark, 26, of Maple Shade. The enforcement initiative was possible through a DWI Enforcement Grant.

http://www.centraljersey.com/articles/2010/05/02/the_register_news/news/doc4bd879f26b958807117956.txt