Committee recommends against adding marijuana blood-level limit to OUI laws

A committee convened by the Maine Department of Public Safety says it doesn’t believe that Maine needs to set a limit for determining whether a motorist is impaired by marijuana. The recommendation is likely to stir debate among law enforcement officials and legislators as implementation of the voter-approved recreational marijuana law plods forward.Committee chair Scot Maddox said the state need not alter its operating under the influence law or create new blood-level limits for THC, the psychoactive component in marijuana. Instead, he said lawmakers should provide additional funding to train police officers, prosecutors and even judges to recognize marijuana impairment and its dangers while driving. He said there should also be a robust public education campaign.Sen. Mark Dion, a Portland Democrat and former police officer, said he’s surprised by the recommendation, as blood level tests for alcohol play a key role in OUI arrests and convictions.“If you blow a 1.5 on the breath test, it kind of validates the officer’s conclusions that you’re impaired, and there’s a lot of weight placed on that breath test. If someone is arrested for cannabis influence impairment, all we have is the confirmation that cannabis is present. And it doesn’t necessarily validate the observations of the officer,” he said.But Maddox, speaking before the Legislature’s Marijuana Legalization Implementation Committee, said Maine’s current impairment law is sufficient — at least for now.“The basis of under the influence is irrelevant as far as the law is concerned. Whether you’re impaired because you’re drinking alcohol or whether you’re impaired because you’re taking prescription medications, or you’re impaired because you’re smoking marijuana, the difference is none, as far as the law is concerned,” Maddox said.He said that officers trained to identify marijuana impairment can still make an arrest and use a blood test to bolster their case for a conviction.Last year a bill that would have set a THC limit failed in the Legislature because there was disagreement over what would be an appropriate limit to determine impairment.The issue has dogged the more than two dozen states that have legalized marijuana for recreational or medicinal purposes — or in Maine’s case, both. According to the National Conference of State Legislatures, nearly 20 states have set limits on THC in the bloodstream while operating a vehicle.A number of studies have found that marijuana degrades a person’s ability to drive, but research on whether it causes accidents has been mixed. The same goes for studies determining the appropriate level of THC to determine driving impairment, in part because THC has been found to affect people differently.

Source: Committee recommends against adding marijuana blood-level limit to OUI laws — Politics — Bangor Daily News — BDN Maine

Probationary License

Hello I plead guilty to a DWAI and refused a roadside test. I wanted to know if I am able to get a probabtionary license as my job is far away and I wouldn’t want to take a bus for 3 hours.

It is not possible to advise you about your license based on this limited information. If you call 303-205-5600, DVM will let you know what you need to do to get a license.

Walks Into a Bar… Gator Bite

A guy walks into a bar with a pet alligator by his side. He puts the alligator up on the bar and turns to the astonished patrons.”I’ll make you a deal. I’ll open this alligator’s mouth and place my genitals inside. Then the gator will close his mouth for one minute. He’ll then open his mouth, and I’ll remove my unit unscathed. In return for witnessing this spectacle, each of you will buy me a drink.”The crowd murmurs their approval. The man stands up on the bar, drops his trousers, and places his privates in the alligator’s open mouth. The gator closes his mouth as the crowd gasps. After a minute, the man grabs a beer bottle and raps the alligator hard on the top its head. The gator opens his mouth, and the man removes his genitals, unscathed, as promised. The crowd cheers, and he receives the first of his free drinks.The man stands up again and makes another offer: “I’ll pay anyone $100 who’s willing to give it a try.”A hush falls over the crowd. A moment later, a hand goes up in the back of the bar.”I’ll try,” says a small woman, “but you have to promise not to hit me on the head with the beer bottle.”

Source: Funny Jokes | Walks Into a Bar… Gator Bite Joke | Comedy Central

Is Skylar Richardson getting off too easy? – Cincinnati News, FOX19-WXIX TV

CINCINNATI, OH (FOX19) -The aggravated murder case against a teenage mother accused of killing and burying her own newborn infant in her backyard is exploding on social media.Some people already calling Brooke “Skylar” Richardson, 18, the next Casey Anthony, saying she is being treated too well by the justice system. A Warren County judge issued a gag order Thursday after Warren County Prosecutor David Fornshell confirmed what we knew two weeks ago: the baby was, in fact, a girl.There’s a growing movement on Facebook to fight for justice for that baby girl lost.Supporters of that movement are calling her “Baby Carlisle,”  though Fornshell says court officials now refer to her as “Baby Jane Doe”.They’re planning to be vocal, to picket and protest.Some people tell us they’re worried. They are urging pushing for others to write the prosecutor and the judge so that fragile life was not lost in vain.Social media is exploding, and people are paying attention to the numbers and to other cases, saying Richardson is already getting preferential treatment, starting with a low bond and home confinement.”I think it was a kick in Fornshell’s face,” one woman told us. “When he asked for a million dollar bond and she got out on $50,000.””I literally have nightmares every night,” the woman told us, in somewhat graphic detail. “All I can do is pray, because the only person that matters in this whole case, is that precious baby girl.””The Kinsley Kinnard case, I want to say the mother of that case was $250,000, the boyfriend was $1 million. You just had the Franklin lawyer case, I believe it was burglary, he had a $100,000 bond,” another man told us. But keeping her baby, Fornshell said in a news conference last week, was never an option.”That was something that was simply not going to be accepted in that household, at least by Skylar and her mother,” said Fornshell.The baby girl he said, was murdered, then burned in the family fire pit and buried in the back yard, gory details, which are tearing people in the county apart.”But we have all these people, because she’s a blond, pretty cheerleader, with mommy and daddy’s money, oh poor, poor pitiful Brooke, she was just afraid of her mom. No!,” the woman was emphatic. “She was an adult!”A group is planning to picket and protest outside Skylar’s next pre-trial hearing, calling for justice for Baby Jane Doe.They said, with a gag order in place, it’s time for the community now, to be the voice for that little baby girl.We did some extensive background searching on the family, and here’s what we’ve found out so far:The teen’s father, Scott Richardson, has no criminal history aside from traffic violations and an OVI back in 2005.He was, however, briefly a member of the Carlisle Village Council in 2011, winning a seat vacated by another council member.This was disputed by rival Terry Johnson and after the Ohio Supreme Court heard the case, Richardson had to step down.http://cases.justia.com/ohio/supreme-court-of-ohio/2011-1464.pdf?ts=1396139781http://www.akronlegalnews.com/editorial/2729As for the teen’s mother, Kim Richardson, who was seen in her daughter’s second court appearance wearing sunglasses in court, a search of her background provided no criminal information.Their daughter faces life in prison.She is charged with aggravated murder, involuntary manslaughter, gross abuse of a corpse,tampering with evidence and child endangering.She was a pretty and popular cheerleader now accused of a hideous crime, killing, burning & burying her baby in the backyard.She has no criminal past and with no means beyond her family, is why some suspect the judge let her out on a $50,000 bond.And by all accounts, this family concerned about keeping up appearances, has a mountain of legal obstacles ahead.“Skylar and her family, particularly her mother, we pretty obsessed with external appearances and how things appeared to the outside world,” Fornshell said.

Source: Is Skylar Richardson getting off too easy? – Cincinnati News, FOX19-WXIX TV

I Am Innocent! Why Should I Hire A Criminal Attorney?

I Am Innocent! Why Should I Hire A Criminal Attorney?

‍If you are taking prescription drugs, please be aware that you can be charged and convicted of a DUI – and you can even face jail and a suspended license.

If you are using any prescription that causes drowsiness or dizziness, please do NOT drive because you can be charged with a DUI even if you have small amounts of narcotics in your system.

There are even more complications when you drink alcohol while you are taking medication. It is impossible to know what effects the alcohol and medication will have in your system and the consequences of driving after consuming alcohol with medication can turn deadly and you can be charged with a felony DUI if you injure or kill someone as a result of your driving.

Have you been arrested or charged with a crime? If so, you should contact a criminal defense attorney immediately.

But I am Innocent! Won’t the Courts Straighten it Out?

If you are innocent of the charges you are being accused of, you need to have legal representation that will advocate effectively on your behalf.

Innocent people are arrested and convicted all the time, so in order for you to ensure you are not convicted of a crime you did not do, contact an attorney that handles criminal, DUI and traffic offenses.

Can I Represent Myself In Court?

The Sixth Amendment gives the right to represent oneself, but that does not mean you should do it. 

For a defendant to represent himself, there must be a knowing, intelligent and voluntary waiver, giving up the right to an attorney.  A defendant must make the request, but the judge is not required to grant the request.

When a defendant chooses self-representation, the court will require a hearing in order to evaluate a person’s competency where the trial judge will ask legal questions to evaluate whether the defendant is competent. The test the judge uses is whether the defendant is intelligently waiving the right to counsel.  Even if the judge finds the defendant competent, the court may appoint a standby counsel to assist.

If the defendant exercises his right to self-representation, the defendant cannot later complain that the quality of his defense denied him effective assistance of counsel.

Do I have a Right to a Lawyer?

A defendant’s Sixth Amendment right to counsel attaches when the government initiates adversarial criminal proceedings.  Arraignments are the first of many criminal proceedings and thus, the assistance of counsel clause is guaranteed by all defendants in misdemeanor and felony cases.

The Sixth Amendment guarantees a defendant the right to have an attorney represent him.  If the defendant cannot afford an attorney, one must be appointed at the state’s expense.  The attorney must give effective assistance, and the representation must be conflict free.

Do I Get a Pick My Own Lawyer?

Most people do not know that if you retain your own attorney, you have a right to choose the attorney.  By hiring an attorney that best suits your needs, you will obtain a DUI or criminal lawyer that has experience, knowledge of the law, and will provide you with proactive strategies to obtain the best possible results.

What If There is a Conflict of Interest?

Defendants must also receive conflict free representation.  Lawyers have conflict of interests when one client has an interest adverse to those of the other client.  The most common example is simultaneous representation.  An attorney may not concurrently represent multiple defendants (co-defendants) in a criminal case.

Likewise, an attorney cannot represent a new client when there was previous representation of a witness, victim, or other co-defendants. Lawyers owe a duty of loyalty to their clients and forcing an attorney to jointly represent forces the lawyer to choose between the clients.  When there is a conflict of interest, the judge must appoint new counsel that is free from the conflict.

How Do I Know If I Need a Lawyer?

If you do not know if you need legal counsel, the best way to find out is contacting an honest and reputable criminal defense law firm. By contacting an experienced lawyer immediately can help you, especially when you are innocent of the charges against you.

http://www.fresnodefenders.com/blog/hire-criminal-attorney

Man Who Looks Like Jesus Arrested For 5th OWI

Kyle Gindorff, age 31, of Lake Geneva, performed poorly on standardized field sobriety tests and refused a preliminary breath test.

Man Who Looks Like Jesus Arrested For 5th OWI

MILWAUKEE, WI — Tuesday morning, at about 3:50 a.m., deputies responded to a call of a driver slumped over the wheel of his car on the I-43 westbound S. 76th Street off-ramp.

According to the Milwaukee County Sheriff’s office, Kyle Gindorff, age 31, of Lake Geneva, performed poorly on standardized field sobriety tests and refused a preliminary breath test. He was arrested for Driving Under the Influence-5th offense. Gindorff has a pending DUI-5th offense from May of this year, and if convicted on that prior charge, this arrest will become a DUI-6th offense.

Gindorff’s driver’s license was in revoked status, and he had an open beer in the center console. In addition to the felony DUI-5th and DUI-5th party to a crime charges, he faces felony Bail Jumping, misdemeanor Operating While Revoked, and traffic citations for Parking/Standing where Prohibited and Keep Open Intoxicants in Motor Vehicle.

If convicted of all charges, Gindorff faces potential imprisonment of up to 26 years.

Source: Man Who Looks Like Jesus Arrested For 5th OWI – Greenfield, WI Patch

Alcohol & Marijuana DUI Law for Commercial Driver’s Licenses –

When it comes to driving under the influence, the rules for Alcohol-related DUI’s and marijuana DUI’s are far more stringent for drivers with Commercial Driver’s Licenses (CDL) than drivers using a standard license.The legal blood alcohol limit established for drivers over 21 is 0.08. With a CDL, that legal limit is slashed in half to 0.04. The stricter guidelines are the result of several variables including the massive size/weight of most commercial vehicles as well as the presence of hazardous materials.The marijuana DUI laws are also less lenient. Any CDL driver found with even the smallest trace of THC in his/her system are looking at an automatic DUI charge.Find out more about CDL DUI law by watching the video above. Be sure to check out my older blog posts for informative videos about marijuana DUI law, and Busting the Legal Limit Myth.

Source: Alcohol & Marijuana DUI Law for Commercial Driver’s Licenses –

Walks Into a Bar… Taxidermy

A Yankee walks into a bar in Alabama and orders a cosmopolitan. The bartender looks at the man and says, “You’re not from ’round here are ya?””No” replies the man, “I’m from New Hampshire.” The bartender looks at him and says, “Well what do you do in New Hampshire?””I’m a taxidermist,” says the man. The bartender looks bewildered, so the man explains, “I mount dead animals.”The bartender stands back and hollers to the whole bar, “It’s OK, boys! He’s one of us!”

Source: Funny Jokes | Walks Into a Bar… Taxidermy Joke | Comedy Central