Showing posts with label Issue. Show all posts
Showing posts with label Issue. Show all posts

February 17, 2015

Breaking News: Minnesota Supreme Court To Issue Bernard Decision on Wednesday

Home > Fourth Amendment > Breaking News: Minnesota Supreme Court To Issue Bernard Decision on WednesdayPosted on February 9, 2015 by Dan Koewler

We just received notice that the Minnesota Supreme Court will issue its potentially groundbreaking decision in State v. Bernard this upcoming Wednesday, February 11, 2015. In the Bernard case, the Court is being asked to decide whether it is constitutional for the government to criminalize an individual's refusal to submit to a warrantless (and thus presumptively illegal) search.

Want to know more?

You've got two days to watch the oral arguments presented in the case here.

You can read some of our speculation here.

We were given permission to file an amicus curiae brief in this case, and filed on behalf of the Minnesota Society for Criminal Justice and the Minnesota Association of Criminal Defense Lawyers, two very notable and worthy defense organizations in Minnesota.

Any further speculation on this decision is pointless at this point, as we'll have our answer in two days. With hundreds of cases on hold pending this decision, Wednesday is certain to be a very big day.

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February 1, 2015

Drunk Driving, A Forever Controversial Issue

Drunk Driving, A Forever Controversial Issue

Drunk driving continues to be a controversial issue because it affects so many people. When someone makes the decision to drive after ingesting alcoholic beverages, there is an increased risk that this person will cause an accident. Furthermore, these types of crashes are often worse than other collisions because they can cause much more serious injuries, including broken bones, paralysis and even death.

Once law enforcement officers arrive at the scene of the accident, they give the driver a sobriety test. If he does not pass, the driver is arrested on a DUI charge. This arrest can affect people in several different areas of their lives. For example, if the accused drives a vehicle for a living, her job will be in jeopardy after her bosses learn that she has been arrested for driving under the influence.

In some instances, people lose their driver licenses and are forced to give up their vehicles. This makes it difficult for them to go to work, visit the grocery store and take their kids to school. Their spouses and friends may be forced to drive them everywhere, and this can place a strain on their relationships.

An arrest on a DUI charge is also expensive monetarily. In order to have their licenses reinstated, they must have the Ignition Interlock Device or IID installed in their vehicles, but they will be required to pay for the installation as well as the maintenance. They must also pay much higher auto insurance premiums.

The problem is compounded when someone is seriously hurt in the collision. Just this fact alone is enough to make them feel extremely guilty. If someone dies, they would be charged with vehicular manslaughter, and this could result in a prison sentence.

Although you may feel remorseful, you do not have to plead guilty to this offense. You have the right to hire a DUI lawyer and defend yourself in court. Contact a DUI lawyer today if you have been arrested on a drunk driving charge.

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July 22, 2012

Police Issue Arrest for Tulsa Man who Left Wife at Scene of DUI Crash

By guest-writer

The Oklahoma Highway Patrol has issued a warrant for the arrest of a man who allegedly crashed his car while driving drunk and left his severely injured wife at the scene, according to a shocking report from Oklahoma’s News on 6.

Sources say that Jerry Arthurs is wanted by state police for leaving the scene of a DUI accident in which his wife was paralyzed from the neck down.

The crash occurred on New Year’s Eve in Tulsa, Oklahoma, when Arthurs was reportedly driving while intoxicated down a dark country road when he smashed his vehicle into a tree on the side of the road.

Neither Arthurs nor his wife was wearing a seatbelt at the time of the accident, but Arthurs’ wife, who is the mother to the couple’s 6-month-old son, clearly suffered the brunt of the force of the impact.

After the accident, Arthurs reportedly called some friends to come and retrieve him while he left his wife suffering in the passenger seat. Police later discovered his wife, who spent 33 days in the hospital recovering from her injuries.

At first, doctors feared that she would be a quadriplegic because she could only feel sensation above her neck. However, after four months of rest and rehabilitation, she can reportedly use her arms and hands, and is regaining some movement in her legs.

According to Chiane Arthurs, the victim of the crash, “I can walk with a walker, not by myself, I have to have assistance. But I can take steps and stuff.”

Of course, the injury and her husband’s incredible actions have left emotional scars. In her words, “you cannot imagine the struggle and emotional and physical pain and everything that comes with an injury like this. It completely turns your life upside down.”

Fortunately, though, the woman is recovering, and she says her son was her primary motivation to regain her strength. Not surprisingly, she has filed for divorce from her fugitive husband.

For his action, Arthurs has been charged with ten separate crimes, including leaving the scene of an injury accident, driving drunk and causing great bodily injury, failing to render assistance at the scene of an accident, and failing to report a personal injury accident.

When Arthurs is finally caught, he will likely face a sentence that is far more serious than what he would have faced if he hadn’t fled the scene of the accident.

According to a spokesman for the Oklahoma Highway Patrol, Arthurs is a “fugitive on the run, and we’ll spare no expense finding this person.”


View the original article here

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The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs. The most commonly used terms are DUI, an acronym for Driving Under the Influence, and DWI, an acronym for Driving While Impaired.
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