"WORK HARD, PLAY BY THE RULES, NEVER QUIT!"
View Article  Free Thinkers Quote of the Week

What our Constitution indispensably protects is the freedom of each of us, be he Jew or Agnostic, Christian or Atheist, Buddhist or Freethinker, to believe or disbelieve, to worship or not worship, to pray or keep silent, according to his own conscience, uncoerced and unrestrained by government.

Abington v. Schempp 374 U.S. 203, no. 142, 1963.

View Article  Say No to Searches: Traffic Stop Scenario
 

In any given traffic stop, with a few notable exceptions, the below rules will help protect your civil ...   more »

View Article  Negligent Driving is a Bigger Problem than Drunk Driving!

Negligent Driving

Over the past 20 years deaths caused by drunk drivers have plummeted, but overall traffic fatalities have increased. Why?


For the first time in 20 years, all of the major indicators of traffic safety-overall fatalities as well as the fatality rates-increased. There are a lot of reasons for this, many of which have to do with drivers becoming more distracted, impatient, careless, and ultimately, negligent.

The intersection of high-tech, in-car gadgets and busy, sleep-deprived people who speed off to work while multitasking has created a perfect storm of highway risks that is reflected in ever-higher traffic fatalities.

To effectively turn the tide on highway deaths, the nation must view traffic safety within the context of negligent driving. Negligent drivers-whether they are speeding, drunk, distracted, or overly fatigued-put themselves and others at risk, often vastly underestimating the danger posed by their behavior.

There is often a disconnect between the public's perception of the danger of various actions, and the actual danger correlated with them, resulting in millions of unknowingly negligent drivers cruising the roads at any given moment.

This website brings together research and government data to illustrate today's traffic safety situation and to educate the public regarding the hazards posed by negligent driving, and to offer solutions to help make the highways safer.

Source: http://negligentdriving.com/ (an initiative of the American Beverage Institute)

View Article  MADD and Pavlov (from www.GETMADD.com)

Pavlov: Creating Hate. (It's not about dogs anymore): Attempts by government and special interest groups to influence our thinking is not ...   more »

View Article  How Many Sheep Would a Dinosaur on Noah's Ark Eat?

The title of this article is the first question asked by skeptic Stephen T. Asma of Creation Museum director Ken Hamm. (See ...   more »

View Article  Should I Take a Polygraph Test?

The polygraph is the translation of a mythological device into a technological idiom. It does measure physiological changes like respiration and heartbeat and perspiration, but there's no guaranteed nexus between those physiological changes and truth-telling. In short, what the polygraph measures is not truth and deception but perspiration and respiration.

Steven Aftergood, director of the Project on Government Secrecy for the Federation of American Scientists. Quoted in: The Boston Globe, August 3, 2003

View Article  Justice Brennan Quote of the Week
"It is monstrous that courts should aid or abet the lawbreaking police officer. It is abiding truth that '[n]othing can destroy a government more quickly than its own failure to observe its own laws or worse, its disregard of the charter of its own existence.'" Justice Brennan quoting Mapp v. Ohio, 367 US 643, 659 (1961) in Harris v. New York, 401 US 222, 232. (1971)
View Article  ...and the horse you rode in on!

I have been inundated with questions regarding nonconventional vehicles such as golf carts, bicycles and mowers following an earlier post.  Here, courtesy of Judge Painter (Ohio Driving Under the Influence Law, 2005 ed) is the law.  Ohio courts have upheld violations of the DUI law where the accused was operating a bicycle (intoxicated and mounted) State v. Shepard (1981), 1 Ohio App.3d 104, 439 N.E.2d 920;  State v. Vest (1986) 1986 WL 11152 (Ohio Ct. App. 4th Dist. Ross County); State v. Hilderbrand (1987, 2nd Dist.), 40 Ohio App.3d 42, 531 N.E.2d 775; State v. Loudon, 1996 WL 488792 (Ohio Ct. App. 5th Dist. Stark County).  In State v. Moran 1998 WL 281375 (Ohio Ct. App. 9th Dist. Wayne County 1998, and State v. Carkhuff (1971) 26 Ohio Misc. 216, 55 Ohio Op.2d 321, 270 N.E.2d 379 (Muni Ct.) snowmobile use supported a conviction.  Operating a golf cart while intoxicated was found to be sanctionable in State v. Sanchez, 1991 WL 132506 (Ohio Ct. App. 6th Dist., Ottawa County 1991) and so was a farm tractor in Wauseon v. Badenhop (1984), 9 Ohio St.3d 152.  Horses, however, have escaped similar treatment.  In State v. Euton (1996) 77 Ohio Misc.2d 19, 665 N.E.2d 775 (Portsmouth Municipal Court) the court found that a horse was not a vehicle for purposes of the statute.

View Article  Drug War Fact of the Week

Advertisement:


If you know someone with a prescription drug addiction who needs help then you may want to research what drug treatment programs are available and applicable for the situation.

 

In spite of US expenditures of $625 million in counter-narcotics operations in Columbia between 1990 and 1998, Columbia was able to surpass Peru and Bolivia to become the world's  largest coca producer.  Additionally, "there has not been a net reduction in processing or exporting refined cocaine from Columbia or in cocaine availability within the United States."

Source: U.S. General Accounting Office: Drug Control; Narcotics Threat from Columbia Continues to Grow (Washington DC: USGPO, 1999), pp. 3, 4, 6.

View Article  What Is an Ignition Interlock System?

An ignition interlock is a sophisticated system that tests for alcohol on a driver's breath. It is a device that ...   more »

View Article  Militarizing the Police Department

Eighty-nine percent (89%) of police departments have paramilitary units, and forty-six percent (46%) have been trained by active duty armed forces.  The most common use of paramilitary units is serving drug-related search warrants (usually no-knock entries into private homes). Twenty percent (20%) of police departments use paramilitary units to patrol urban areas. (Source: Kraska P. & Kappeler V., "Militarizing American Police: The Ris and Normalization of  Paramilitary Units, " Social Problems, Vol. 44, No. 1 (Feb. 1997)).  For the majority of our existence, use of the military as police on U.S. territory has been illegal. (See the Posse Comitatus Act of 1878).  The drug war coincided with the amendment of the Posse Comitatus Act in 1981, which allowed limited military involvement in policing.  A descent down the slippery slope quickly followed. 

View Article  Work Hard Quote of the Week

The saying at the top of my blog is a motto that my son and I devised and recite every night before bed. "Work Hard! Play by the Rules! Never Quit!"  It quickly became the motto of my practice because it sums up my obligation to my family, my collegues and my clients.  We also look for quotes, stories and songs that build on the motto.  I found this in Proverbs:

"Go to the ant, thou sluggard; consider her ways and be wise: Which having no guide, overseer or ruler, provideth her meat in the summer, and gatereth her food in the harvest."   Proverbs 6:6-8.

View Article  Zero Tolerance, Zero Evidence

 

A new report reveals that zero tolerance policies in schools is ineffective in reducing alcohol abuse or other problems.

According to the report: Zero Tolerance, Zero Evidence: An Analysis of School Disciplinary Practice," there is no credible evidence that zero tolerance is effective. Furthermore, school suspension and expulsion result in a number of negative outcomes for both schools and students.

The report, conducted by the Indiana Education Policy Center at Indiana University School of Education, reviewed the use of zero-tolerance policies since their inception in the 1980s.

"Zero tolerance is a political response, not an educationally sound solution," said Dr. Russell Skiba, author of the report. "It sounds impressive to say that we're taking a tough stand against misbehavior, but the data say it simply hasn't been effective in improving student behavior."

Source:  AScribe News, May 15, 2001; www.jointogether.org/, May 17, 2001.

View Article  The Officer Was Outside his Jurisdiction

Client: I was stopped by a Beavercreek Police Officer, but I was outside of Beavercreek.  I had crossed into Fairborn.  Will my case be dismissed?

Many people (including attorneys) have the mistaken belief that an officer may only effectuate a traffic/DUI stop in his or her own jurisdiction.  The Ohio Revised Code, section 2935.03 provides that not only may an officer arrest within the jurisdiction, but may also do so outside of the limits in certain circumstances.  DUI, as a first degree misdemeanor offense, is such a circumstance.  My own 2nd District Court of Appeals, in State v. Cox, 1999 WL 980345, at 4 (Ohio Ct. App. 2d. Dist. Greene County 1999), decided that the above-cited statute was "effective only in those areas where the jurisdictions are contiguous." The Twelfth District decided upon a test to be used to determine when a police officer could stop and detain a motorist outside the officer's jurisdiction. (1) the officer receives a report of erratic driving within the officer's geographical jurisdiction, and (2) the officer initiates immediate pursuit without delay from the officer's jurisdiction.  This test was upheld even though the cop did not observe erratic driving until the accused was in a neighboring jurisdiction.

Source: Ohio Driving Under the Influence Law, 2005 ed., Judge M. Painter.

View Article  Traveling to Canada with a DUI: Beware!

Canadian law, specifically the Immigration and Refugee Protection Act, R.S.C., ch 27 para 36 (2001), may bar entry into Canada for any person convicted of a DUI.  The exception may last five years from the date of sentence and may require the person seeking admission to satisfy the Minister of Immigration that rehabilitative measures have been taken. Id. at pt.3, paras 17 and 18 (2002).  If you are granted entry the temporary resident permit can be cancelled at any time. Id. at ch. 27, para 24(1)(2001).  Further, a person issued a temporary residence permit is required to be examined upon arrival in Canada.  If you are traveling to other countries it would be wise to check and see if a Drunk Driving offense would bar your admission into the country.

Source: Taylor, Drunk Driving Defense, 6th Ed., 2006

View Article  What Would John Wayne Do?

It isn't  always being fast or even accurate that counts...It's being willing.  I found out early that most men, regardless of cause or need, aren't willing.  They blink an eye or draw a breath before they pull a trigger... I won't!

John Wayne as J.B. Books in the Shootist.

View Article  A Memo from Lori @ Brown, Rowland & Kelly

So I was sitting in my cubicle today and I realized, ever since I started working, every single day of my life has been worse than the day before it.  So that means that every single day that you see me, that's on the worst day of my life.

            Peter Gibbons, "Office Space"