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Monday, October 29
Reason Magazine
by
Charles Rowland
on Mon 29 Oct 2007 02:34 PM EDT
The November 2007 REASON magizine has a super article entitled, "Prohibition Returns." It can be found here: http://www.reason.com/news/show/122456.html. The author of this article is David Harsanyi, a columnist at the Denver Post and has previously authored, Nanny State: How Food Fascists, Teetotaling Do-Gooders, Priggish Moralists, and Other Boneheaded Bureaucrats Are Turning America Into a Nation of Children, from which this article is adapted. If you are interested in how the public looks at the DUI issue, it is a must read. Thank you David.
Thursday, October 25
Your Dad Was More of a Man Than You Are
by
Charles Rowland
on Thu 25 Oct 2007 02:49 PM EDT
 Canadian Club, a product of Beam Global Spirits* is about to roll out a new ad campaign.
The concept of the campaign? Your Dad was much cooler than you are.
Yep that's right - they are saying it's cool to drink whisky BECAUSE your dad drank it, not despite it.
They are also saying that your Dad was probably more of a man than you are.
According to the press release:
The thought-provoking campaign challenges consumers to embrace their dads classic masculinity, most visibly expressed through their choice to drink Canadian Club whisky cocktails. In launching Damn Right, CC invited Beam Global employees to search through their photo albums to submit images that epitomize the campaign.
Some of the headlines created for the ads (seriously):
"Damn Right Your Dad Drank It"
"Your Dad Was Not a Metrosexual"
“Your Mom Wasn’t Your Dad’s First”
"Your Dad Never Got a Pedicure."
Ad sites like Adrants are loving the campaign:
Are we seeing a full-on return to the glory days of the hard liquor cocktail when beer was for factory workers and wine was for sissies? Can we now go back to the three martini lunch, pinch asses in the afternoon and have three more martinis at night while watching Mad Men? We might not get any work done but it sure sounds like fun.
Adrants also reports that the campaign was created by BBDO and ads will appear in Rolling Stone, Sports Illustrated, Sporting News, with additional placements in Playboy, Men's Journal, Esquire, Outside and Men's Fitness in December and into 2008.
Well it IS a different approach.
Tuesday, October 23
Following the Money Just Got Easier
by
Charles Rowland
on Tue 23 Oct 2007 02:26 PM EDT
Follow the money!
This piece of wisdom has just become easier if you follow big money politics. www.opensecrets.org allows the average joe to know from whence his/her candidate's bread is buttered. The beer nuts at www.beeradvocate.com found the following beer related donations:
#93 Anheuser-Busch $356,778 - 71% to Dems 29% to Rep
#26 National Beer Wholesalers Assn $677,000 - 52% to Dem 48% to Rep
Friday, October 19
Lawyer Joke of the Week!
by
Charles Rowland
on Fri 19 Oct 2007 12:54 AM EDT
When a person assists a criminal in breaking the law before the criminal gets arrested, we call him an accomplice.
When a person assists a criminal in breaking the law after the criminal gets arrested, we call him a defense lawyer.
Thursday, October 18
Cross Examination: Pozner/Dodd
by
Charles Rowland
on Thu 18 Oct 2007 12:47 AM EDT
I rarely mention seminars that I attend because few of them merit attention. However, today I attended a seminar conducted by Roger Dodd and Larry Pozner on cross-examination. I purchased their book on cross examination late last year and it has changed my entire practice, both at trial and in motions. I encourage everyone who persuades for a living, particularly lawyers, to find their seminar. They were genuine and genuinely entertaining. Look for them if you get a chance.
Wednesday, October 17
Preface to the 2006 Field Sobriety Test Manual
by
Charles Rowland
on Wed 17 Oct 2007 12:41 AM EDT
The procedures outlined in this manual describe how the Standardized Field
Sobriety Tests (SFSTs) are to be administered under ideal conditions. We recognize
that the SFSTs will not always be administered under ideal conditions in the field,
because such conditions will not always exist. Even when administered under less
than ideal conditions, they will generally serve as valid and useful indicators of
impairment. Slight variations from the ideal, i.e., the inability to find a perfectly
smooth surface at roadside, may have some affect on the evidentiary weight given to
the results. However, this does not necessarily make the SFSTs invalid.
NOTE: After Homan, how many of us use the deviations in the applications of the test to go at the evidentiary weight? Can the language "some affect on the evidentiary weight" mean reasonable doubt at trial?
Monday, October 15
WHEN DO I GO TO COURT?
by
Charles Rowland
on Mon 15 Oct 2007 09:00 AM EDT
If you are placed under arrest you will be afforded the opportunity to make bond. In most jurisdictions, an officer has the discretion to release you to a sober friend upon completion of the testing procedure. Some officers use this discretion as a means of extracting cooperation. If you are held overnight you will be required to make bond. In a D.U.I. case the bond is usually low enough that most people will only have to spend one night in jail. If, however, you are unable to make bail you will remain in jail until your first scheduled court appearance. The first court appearance is called an arraignment. The arraignment has its roots in our Constitution's abhorrence for the practice of English authorities who would throw someone in jail and not inform them of the charge against them. Within a short period of time you will be brought before the Municipal Court judge and you will be asked to enter a plea of guilty, not guilty or no contest. It is vital that you not enter a plea of guilty or no contest unless you have spoken to an attorney. Do not give up your rights on the hope that you will be released from jail or because you feel embarrassed and humiliated.
Following the arraignment you may be released from jail, or if the crime merits it, you may be forced to remain in jail until you can post bond. If your bond is unreasonably high your criminal attorney can take steps to secure your release pending trial. For most "first-time" D.U.I. offenders the bail will be low and/or the judge will release you from jail following the initial appearance. This is the point at which you will have the most fear and humiliation. You must face your family and/or friends with the news that you have been arrested for D.U.I.. At this vulnerable time you should also choose an attorney to represent you. It is important that your choice be an informed and deliberate decision, as you will spend a goodly amount of money and place a great deal of trust with the attorney.
Thursday, October 11
Ohio Northern Salutes Judge Anthony J. Celebrezze
by
Charles Rowland
on Thu 11 Oct 2007 06:00 PM EDT
Born in Anzi, Italy on September 4, 1910, one of 13 children, Judge
Celebrezze came to this country at the ... more »
Wednesday, October 10
Gallup Poll on Drinking from PollingReport.com
by
Charles Rowland
on Wed 10 Oct 2007 12:45 PM EDT
|
Gallup Poll. July 12-15, 2007. N=1,001 adults nationwide. MoE ± 3 (for all adults). |
|
. |
|
"Do you have occasion to use alcoholic beverages such as liquor, wine or beer, or are you a total abstainer?" |
|
. |
| Yes, Drink |
No, Total
Abstainer |
|
|
|
| % |
% |
|
|
|
|
7/12-15/07 |
64 |
36 |
|
|
|
|
. |
. |
|
"Has drinking ever been a cause of trouble in your family?" |
|
. |
| Yes |
No |
|
|
|
| % |
% |
|
|
|
|
7/12-15/07 |
35 |
65 |
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|
|
|
. |
. |
|
"Do you, personally, think drinking in moderation -- that is, one or two drinks a day -- is good for your health, makes no difference, or is bad for your health?" Options rotated |
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. |
| Good |
Makes No
Difference |
Bad |
Unsure |
|
| % |
% |
% |
% |
|
|
7/12-15/07 |
22 |
49 |
25 |
4 |
|
|
. |
. |
|
"Would you favor or oppose a federal law that would lower the drinking age in all states to 18?" N=464, MoE ± 5 (Form A) |
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. |
| Favor |
Oppose |
Unsure |
|
|
| % |
% |
% |
|
|
|
7/12-15/07 |
22 |
77 |
1 |
|
|
|
. |
. |
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"Do you think the penalties for underage drinking should be made more strict, less strict, or remain as they are now?" N=537, MoE ± 5 (Form B) |
|
. |
| More Strict |
Less Strict |
Remain As
They Are |
Unsure |
|
| % |
% |
% |
% |
|
|
7/12-15/07 |
60 |
6 |
31 |
3 |
|
|
Philosopher of the Law: Jeremy Bentham
by
Charles Rowland
on Wed 10 Oct 2007 10:20 AM EDT
Jeremy Bentham (1748-1832), English utilitarian philosopher and social reformer. He first attained attention as a critic of the leading ... more »
Tuesday, October 9
Ohio Supreme Court: State v. Hassler
by
Charles Rowland
on Tue 09 Oct 2007 06:17 PM EDT
Blood Alcohol Test Taken Outside Time Limit Held Admissible in DUI Vehicular Homicide
2006-1517. State v. Hassler, 2007-Ohio-4947.
Delaware App. ... more »
Monday, October 8
Challenging the Breath Test (Part III)
by
Charles Rowland
on Mon 08 Oct 2007 06:10 PM EDT
I once attended a seminar where an attorney argued that there were many things which "mirrored" ethyl alcohol, thereby interfering with the ability of the breath testing machine to distinguish between "real" alcohol (ethyl) and "false" alcohol (acetone). The interfering substance, acetone, is a natrually occuring by-product of the human body and is common in diabetics, dieters and persons coming into contact with household paints. What's more there was some pretty solid science presented to support this argument. WOW!
Well, after studying the BAC DataMaster I am sorry to say that this method is very limited as a defense. First, while acetone is plentiful, it's property as an interferrant is blunted by a machine using two infrared "filters." The infra-red beam is shot through a breath sample. The existence of acetone or alcohol creates a diminishment in the energy which is read by a solenoid and changed into volts. The change in volts is then converted via the machines software into the BAC reading.
Alcohol has an IR signature, i.e. wavelengths in which the energy is absorbed. Acetone, as an inteferrent is present at only one of these wavelengths. The machines use two of these wavelengths and compare the results. Thus is acetone is present the machine will note the difference and is supposed to reflect that fact.
For the limited number of defendants for whom this argument will work, it is a powerful defense. For the majority however, it is an easily refutable and dangerous gambit. The client would be better served by a frontal attack on the machine.
Attorney Charles M. Rowland is a certified operator of the BAC DataMaster and earned his certificate by attending 24 hours of training at National Patent Systems, Mansfield, Ohio.
Friday, October 5
Ohio Judges Attending Science Seminar
by
Charles Rowland
on Fri 05 Oct 2007 06:21 PM EDT
Several Ohio Judges Participate in National Science Seminar at Johns Hopkins University
National Judges’ Science School part of the ASTAR Program
More than 30 Ohio judges will join judges from around the country at the National Judges' Science School, Oct. 5 through Oct. 7 at Johns Hopkins University School of Medicine in Baltimore, Md. The seminar is part of the Advanced Science and Technology Adjudication Resource (ASTAR) Program – a national program designed to prepare judges to preside over cases involving complex scientific issues.
Titled “Neuroscience and Bio-Behavior Technologies,” the seminar features renowned presenters and topics exploring the complexities of the human brain, including brain development, the influence of alcohol on brain function, genes in the brain, and neuroimaging.
“This valuable training provides our judges with the knowledge they need to preside over complex cases involving the interrelated issues of science and law,” said Supreme Court of Ohio Chief Justice Thomas J. Moyer, who serves on ASTAR's national board. “Through their participation in this program, these judges are leading the way nationally to a better understanding of scientific issues that impact our society and our courtrooms.”
Chief Justice Moyer as well as several of Ohio's ASTAR fellows will serve as presenters and moderators on several seminar panels. Other notable presenters include: Dr. Chi V. Dang, a professor and vice dean at Johns Hopkins University School of Medicine and a member of the Institute of Medicine of the National Academy of Sciences; and Dr. Solomon H. Snyder, professor and director emeritus of the department of neuroscience at Johns Hopkins University School of Medicine and winner of the Albert Lasker Award for Basic Medical Research and the National Medal of Science.
Ohio has 15 judges in its current ASTAR class who were selected by the Supreme Court to participate in the program. Another class of 20 judges has completed two years in the program and acquired 120 hours of training to become fellows.
The national seminar at Johns Hopkins, which will be attended by more than 200 judges, is funded by a federal grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice.
Ohio, along with Maryland, has helped spearhead ASTAR, which offers standardized training to judges around the country to handle the increasing volume of complex, high-tech cases on court dockets. Throughout the year, the judges participate in sessions focused on scientific issues, such as forensics, agricultural science, reproductive medicine and computer science.
Learn more about the ASTAR program at http://einshac.org/.
Thursday, October 4
Jiminy Cricket (Reflections on Bush v. Gore) Yeah! I'm still mad!
by
Charles Rowland
on Thu 04 Oct 2007 12:09 PM EDT
Where's Jiminy Cricket when you need him? Without the little guy talking into your ear, as Pinocchio discovered, it's tough ... more »
Tuesday, October 2
Justification for Fighting the Oppressive DUI laws and attitudes
by
Charles Rowland
on Tue 02 Oct 2007 12:45 PM EDT
Who can protest, and does not, is an accomplise in the act.
The Talmud
Ayn Rand, Atlas Shrugged
by
Charles Rowland
on Tue 02 Oct 2007 12:44 PM EDT
"The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citzens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor objectively interpreted - and you can create a nation of law-breakers - and then you cash in on guilt."
Monday, October 1
Equivalent DUI statutes vary State to State
by
Charles Rowland
on Mon 01 Oct 2007 03:20 PM EDT
The following article from www.talkleft.com is illustrative of how different states treat the .08 presumption of impairment. This is important ... more »
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