Attorney Molina Criminal Law Talk: October 2011

Monday, October 31, 2011

Funeral held for Hells Angel killed at fellow biker's burial begins

By, Sean Webby,

The only gunfire at the funeral of Hells Angel Steve Tausan on Saturday came as a salute from the U.S. Marine honor guard.

The former Marine, professional boxer and legendary biker was memorialized Saturday morning at Jubilee Christian Church before being buried at Oak Hill Memorial cemetery in San Jose -- exactly two weeks after he was shot and killed at the funeral of another member of the motorcycle club.

Although about 1,000 bikers rumbled in from all quarters, there was no trouble, dissension or arrests. There were only bear hugs, tears and memories of the Santa Cruz "enforcer" who called himself Mr. 187, after the penal code for murder.

On top of Sunrise Hill they buried his red-and-white casket

in the Hells Angels tradition -- by shovel. Sonny Barger, a founding member of the Oakland chapter of the Hells Angel and an iconic figure in the club, tossed one of the last shovels of earth on the grave, as a police helicopter circled overhead.

"They said they would have a quiet, respectful funeral and then they were going to leave town," said acting Capt. Jeff Marozick, the commander of the San Jose Police Department's special operations who had negotiated details of the funeral with the notorious biker club. "Everything they said is what they did."

Amid the heavy police presence, Saturday's somber service was relatively smaller and peaceful, in sharp contrast to the huge and chaotic funeral of Jeff "Jethro" Pettigrew. That

service drew more than 3,000 bikers.

Before Pettigrew could be buried, Tausan, a Santa Cruz resident, was fatally wounded during a bloody biker battle with another Hells Angel.

Aside from the odd arrest of an individual member, the notorious outlaw motorcycle club has been out of the headlines in the South Bay for years. But in recent weeks, the shooting deaths of Pettigrew and Tausan, the continued search for suspect Steven Ruiz and the bizarre traffic homicide of an East Bay member have put a hot spotlight on the Hells Angel, which law enforcement views as a criminal gang. The Hells Angels have long denied this, and many members have reacted to the recent events with dismay.

But the violent way Tausan died was not mentioned at his sentimental service. It was his colorful life they talked about, as an eclectic soundtrack from Tausan's favorite performers -- James Brown, Stevie Ray Vaughn and gospel singers -- reverberated through the big hall.

"He was an imposing man," said the Rev. Dick Bernal during the service at Jubilee. "But underneath the muscles and the tattoos beat the heart of a man, the heart of a brother."

Bikers from Tausan's home club, along with Henchmen, Devils Dolls and many others from as far away as New England and abroad, made up a long line of mourners. They paid their last respects as he lay in the casket, draped with an American flag and custom painted with the Angels' death's head with wings and the Marine Corps insignia. Tausan was clad in his leather Hells Angels vest, with a pack of Marlboros and an extended combat knife in his folded hands.

Next to the casket, there was a blown-up photo of him as a young Marine, his military haircut in stark contrast to the long, silvery mane he sported when he died. Also arrayed around the casket were pictures of Tausan on his Victory motorcycle and with his friends and family.

Tausan was better known than most Angels because of the charges he faced in the 1997 beating death of a man at the Pink Poodle strip club in San Jose. He was acquitted.

But to the Hells Angels and others, the gregarious and intense man was bigger than life.

"His love for his family and his friends in the club was undeniable," Bernal said. "If Steve loved you, you never had to guess. If he didn't love you, you never had to guess."

Bernal recalled that Tausan once summoned him to his bail bondsman's office so the two of them could view a 90-minute DVD of James Brown and opera great Luciano Pavarotti performing together. Tausan turned to Bernal and said, "Wasn't that the greatest thing you've ever seen?"

Bernal said he agreed, then paused for effect. "You don't disagree with Steve." That drew an appreciative laugh from the crowd.

"He was compassionate, generous and loyal." Bernal said. But he also mentioned Tausan's "legendary short fuse."

Bernal acknowledged that, as a clergyman, he is sometimes criticized for the people he hangs around with. "I don't care," he concluded. "If you're my friend you're my friend."

The bikers applauded.

Former football great Jim Brown, who was introduced to Tausan by Bernal, was among the mourners. "I feel honored to publicly acknowledge my love, friendship and respect for this man," Brown said during the service. "He had a quality I found very intriguing."

Although they gathered around Oak Hill, there were no police visible inside the cemetery, which was closed to the public.

As Tausan's body was lowered into the ground, fellow Hells Angels called out "One of a Kind!" and "hell of a man!"

Some cried. Others cracked Budweisers.

Phil Cross, a veteran Hells Angel now with the Santa Cruz chapter, said of his longtime friend: "We lost a real good man, a leader and a person who people could depend upon. I'm going to miss Steve."

For more information on these matters, please call our office at 305 548 5020.

Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"

Friday, October 28, 2011

$3,000 fine if you drink and drive

By TANEKA THOMPSON

Deputy Chief Reporter

tthompson@tribunemedia.net

PERSONS found driving over the proposed legal alcohol limit will face a $3,000 fine or jail time and have their licences suspended for up to a year once amendments to the Road Traffic Act are enacted.

The new restrictions are a part Government's tough stance on motorists driving under the influence of drugs or drink who are believed to be the ones responsible for most traffic accidents.

Autopsies of 25 drivers who died in traffic accidents in 2010 revealed that 17 of them had blood alcohol levels over the proposed new legal limit, the House was told yesterday.

Four of these accident victims had alcohol and drugs in their systems, National Security Minister Tommy Turnquest said as he debated the amendments to the Road Traffic Act in the House of Assembly yesterday.

Although the sample size of the study is small - only 36 of 44 traffic fatality victims were studied - Mr Turnquest said it is sufficient evidence to illustrate "the role alcohol plays in traffic fatalities and by extension traffic accidents."

Government hopes the penalties will deter drunk or "high" persons from getting behind the wheel.

Under the proposed amendments, police will be able to take breath, blood or urine samples of motorists who are suspected of driving under the influence of a substance.

The proposed alcohol limits are 35 micrograms of alcohol in 100 millilitres of breath; 80 milligrams of alcohol in 100 millilitres of blood; or 107 milligrams of alcohol in 100 millilitres of urine.

Mr Turnquest said that carefully screened officers will be trained and certified in the use of the "breathalysers" and sobriety testing and will be posted at specialised units.

The police force currently has 25 hand held and two stationary breath testing devices.

Under the amendments, a police officer's presence will not be legally required at the scene of an accident unless a person is killed, seriously injured or there is major damaged to a vehicle.

For the past five years, police have investigated on average more than 800 accidents a month, Mr Turnquest said.

Once the new law is passed, drivers will legally be able to come to an agreement over who is at fault for an accident and settle the matter without police intervention. The amendments also remove fixed penalty offences from the Criminal Procedure Code Act and place them in the Road Traffic Act.

This will allow a police officer to give a traffic offender a ticket or fixed penalty, giving them the option to pay a fine within a time period or have the matter heard in court.

Fixed penalties will be lower than fines given out by magistrates and are expected to reduce the number of traffic cases that clog the legal system.

A person who accepts a fixed penalty - avoiding a court appearance - will not have a conviction against them.

For more information on these matters, please call our office at 305 548 5020.

Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"

Thursday, October 27, 2011

State budget cuts clog criminal justice system

Associated Press

ATLANTA — Prosecutors are forced to ignore misdemeanor violations to pursue more serious crimes. Judges are delaying trials to cope with layoffs and strained staffing levels. And in some cases, those charged with violent crimes, even murder, are set free because caseloads are too heavy to ensure they receive a speedy trial.

Deep budget cuts to courts, public defenders, district attorney's and attorney general offices are testing the criminal justice system across the country. In the most extreme cases, public defenders are questioning whether their clients are getting a fair shake.

Exact figures on the extent of the cuts are hard to come by, but an American Bar Association report in August found that most states cut court funding 10 percent to 15 percent within the past three years. At least 26 states delayed filling open judgeships, while courts in 14 states were forced to lay off staff, said the report.

The National District Attorneys Association estimates that hundreds of millions of dollars in criminal justice funding and scores of positions have been cut amid the economic downturn, hampering the ability of authorities to investigate and prosecute cases.

"It's extremely frustrating. Frankly, the people that do these jobs have a lot of passion. They don't do these jobs for the money. They are in America's courtrooms every day to protect victims and do justice," said Scott Burns of the National District Attorneys Association. "And they're rewarded with terminations, furloughs and cuts in pay."

The ripple effects have spread far beyond criminal cases to even the most mundane court tasks, such as traffic violations and child custody petitions. The wait to process an uncontested divorce in San Francisco, for example, is expected to double to six months as the system struggles to absorb state budget cuts that have led to layoffs of 40 percent of the court's work force and the closing of 25 of 63 courtrooms.

Some wealthier residents are turning to private arbitrators to hear their cases, said Yasmine Mehmet, a family law attorney in San Francisco who advises some of her clients to settle disputes outside the public court system.

"We're seeing huge delays in getting trial dates and just getting standard documents processed," she said. "The courts are just so overwhelmed. They just don't have the people-power to handle these cases."

The cuts come as civil and criminal caseloads for many state and county systems have swelled. Maine had a 50 percent increase in civil cases during the last five years, in part because of foreclosures related to the nation's housing crisis, records show.

California's attorney general's office has considered eliminating units that work with local law enforcement agencies on gang and drug crimes as a way to address a projected $70 million in budget cut over two years.

After the San Francisco Superior Court laid off 67 staffers and shuttered courtrooms because of budget cuts, judges warned it could take residents hours just to pay a traffic fine in person. The court would have been forced to make deeper cuts had it not received an emergency $2.5 million loan from the state.

New York lawmakers slashed $170 million from the Office of Court Administration's $2.7 billion budget, forcing layoffs and a hiring freeze. Judges were ordered to halt proceedings at 4:30 p.m. sharp to control overtime pay, and courts also were told to call fewer potential jurors, who cost $40 a day.

Defendants in New York are generally supposed to see a judge within 24 hours of their arrest. But staff cuts left them waiting an average of about 50 hours over the summer, said Julie Fry, vice president of the Brooklyn division of the union representing Legal Aid lawyers.

"People were waiting for two, three and four days at a time. Some are waiting for administrative code violations, like riding bicycles on the sidewalk or sleeping on a subway train," she said.

"This really disrupts people's lives. Some of these people are on the cusp of being employed, and they can't afford missing a few days of work."

In Alabama, the state's top judge rescinded an order issued by his predecessor that would have dramatically reduced the schedules for civil and criminal trials, telling a local newspaper that the cost of additional jury trials was "not that significant." The move was aimed at coping with a budget that had dropped nearly $30 million in the last year.

"Victims should not become victims of our system," Judge Chuck Malone said in August.

The trial for one high-profile case there was delayed almost a year.

An Alabama man accused of killing his wife while on a honeymoon scuba diving trip in Australia was supposed to be in court in May, but his trial is now scheduled for February because of a shortage of bailiffs and other court personnel. Statewide, more than 250 people have been laid off from Alabama's trial courts.

In California, attorneys with the Sacramento County district attorney's office are taking on heavier caseloads while the office scales back popular services such as its community prosecution program, which dispatched staffers to meet with neighborhood associations to address quality-of-life issues such as public drunkenness.

Attorneys also refer misdemeanor cases to pretrial diversion programs, while marijuana possession, trespassing and other such crimes are often treated as mere infractions.

"We're doing it as best we can," said Jan Scully, the top prosecutor in the county where the state capital is located. "But doing it as best we can doesn't mean we're doing it as best we should be doing."

For more information on these matters, please call our office at 305 548 5020.

Wednesday, October 26, 2011

Ex-Goldman board member surrenders in trading case

NEW YORK (AP) - A former Goldman Sachs board member linked to a massive hedge fund insider trading case has surrendered in New York City to face criminal charges.

Rajat Gupta surrendered in federal court in Manhattan on Wednesday.

Gupta's name played prominently at the trial of former hedge fund titan Raj Rajaratnam (rahj rah-juh-RUHT'-nuhm), convicted this year of insider trading. Jurors heard wiretaps of the men discussing what prosecutors portrayed as inside information about Goldman Sachs.

Rajaratnam got 11 years in prison.

Gupta's lawyer says the allegations are "totally baseless."

Orange barbers file suit over stings, arrests

By Anika Myers Palm, Orlando Sentinel

Several Orange County barbers said Monday that the sheriff's office and a state licensing agency should pay for humiliating the men in front of their customers during a SWAT-style raid last fall.

Barbers at the Strictly Skillz barbershop on North Pine Hills Road said Monday that they are asking a federal court to force the Orange County Sheriff's Office and the Florida Department of Business and Professional Regulation to pay monetary damages. They also want the court to prevent DBPR and the sheriff's office from working together on similar raids targeting barbershops in minority communities in the future.

"If they think they've done nothing wrong, that means the policies and procedures have not changed," said Natalie Jackson, who is an attorney for the barbers. Jackson declined to say how much money the men seek.

In the lawsuit, owner Brian Berry and barbers Mario Anderson and Reginald Trammon claim deputies in masks and SWAT-style gear burst into the shop on Aug. 21, 2010 with DPBR inspectors.

The men said they were handcuffed in front of their customers. They later learned that the arrests were part of a sting operation targeting barbershops in areas populated primarily by black and Hispanic people. The lawsuit specifically names Sheriff Jerry Demings as well as deputies Travis Leslie, Terry Wright, Kim Parmenter and Tracy Weiss, and corporals Donald Murphy, Antorrio Wright and Keith Vidler.

Monday, October 24, 2011

Deluxe insurance was New Orleans criminal judges' illicit perk: James Gill

By James Gill

Lots of light-fingered characters troop daily into the courthouse at Tulane and Broad, where some of them proceed to don robes. Technically, it has not yet been established that the title "criminal court judge" is apposite in more ways than one.

As David Caldwell, who heads up the public corruption unit for his dad, Attorney General Buddy, points out, "Sometimes things that are not legal are not necessarily criminal."

Let us not quibble. The popular prejudice runs strongly in favor of judges whose behavior is legal. Criminal or not, this bunch has been making off with our money sure as the most brazen mugger, and on a much larger scale. No mugger could hope for a haul of $2 million, which is what their honors are estimated to have spent illicitly in the last five years on deluxe life and health insurance.

Freeloading judges have for years been a staple of the local news, whether they sit on district, appeal, traffic or municipal court. The usual dodge is to travel, often to distant shores, on some flimsy pretext and stick it to the taxpayer for ritzy hotels, fancy cars and well lubricated meals. Criminal court judges are among our most dedicated junketers, but this appears to be the first time they have been discovered meeting household bills from the fees they impose on guilty defendants. The judges can stuff $2,000 for each felony, and $250 for a misdemeanor, into a fund that is supposed to cover court-related expenses.

Caldwell was wheeled out to investigate, after the legislative auditor questioned judicial perks, because DA Leon Cannizzaro was obliged to recuse himself. Cannizzaro "thinks" he got the insurance benefits himself when he was a criminal court judge. If he really is uncertain, it must be the first time in living memory. The notion that our driven and obsessive crime fighter is prone to absent-mindedness seems very droll.

Whether the judicial money-grab qualifies as criminal is a question that may not be worth settling. The cops are not going to swoop down and quote Miranda to the entire bench, and it seems unlikely that the attorney general would file charges. Still, the law is quite clear, and, if the judges did not know they were breaking it, they are in the wrong job.

Judges are forbidden to accept any "additional salary, compensation, emolument or benefit from the state or any of its political subdivisions." That would appear to cover it. There are a few exceptions, but life insurance is not one of them, and health insurance premiums are allowed only for "programs contributions to which" are "at the same rate as those paid by other state employees."

If everyone on the state payroll got the same coverage as the judges have awarded themselves, health insurance would eat up pretty much the entire budget. The judges even signed on with a company that specializes in high-end coverage for top executives, freeing them from the inconvenience of co-pays, deductibles and prescription costs.

The company, Exec-U-Care, believes its customers "deserve recognition for the contributions and sacrifices they make on a daily basis."

This must surely bring a smile to Cannizzaro's face after his repeated exhortations for the judges to try working hard for a change.

The judges are clearly embarrassed that their prodigality with the public dollar has come to light, for they have refused to provide records of how much the expense fund has paid for their benefits. Their attorney, Norman F. Pizza, told the newspaper its public records request was being denied on grounds that medical records are confidential.

Excuses don't come any more pathetic than that. Nobody is asking for information on the health of any judge. All that is requested is information on where public money has been spent, and it is pure effrontery to maintain the public is not entitled to it. The medical history of the judges is their business; the money they pay insurance companies is ours.

The law that established the judicial expense fund is pretty vague about what it may be used for, blessing "any purpose connected with, incidental to or related" to the court. It does, however, rule out salaries and can hardly be construed to authorize these monkeyshines, which clearly violate the general prohibition on supplementary compensation.

In truth, it is inaccurate to suggest that robes are the only difference between judges and the thieves whose cases they hear at Tulane and Broad. The judges, who make more than $130,000, are much better dressed overall.

For more information on these matters, please call our office at 305 548 5020.

Friday, October 21, 2011

Be a "Dot"-- Protest Human Slavery

By, Joyce Smith

Debt bondage. Sex Slavery. Forced labour. These are all forms of human trafficking, the modern day slave trade. The gravity of human trafficking has been well established with an estimated 27 million people enslaved around the world. It is a vicious crime that transcends borders, gender, age and social status.

In Canada, a 2008 Strategic Intelligence Brief by the Criminal Intelligence Service of Canada says that organized crime syndicates and family based networks were recruiting girls and trafficking them inter and intra-provincially. Further, victims are often middle-class females between 12 and 25-years-old and earned between $300 to $1500 daily for their traffickers. RCMP reports also reveal that there is a high proportion of First Nation women and girls trafficked throughout Canada. There is no doubt that we must take action to end human trafficking in Canada and abroad.

In September 2010, I released a proposal for a National Action Plan to Combat Human Trafficking called Connecting the Dots. The complex and clandestine nature of trafficking in persons and the rapidly increasing occurrence of human trafficking demands a comprehensive, multi-faceted approach that draws together the existing frameworks, stakeholders, and agencies.

Connecting the Dots has been well received across Canada by law enforcement, non-government organizations, advocacy agencies, and faith communities. In response, the Canadian government has committed to develop a National Action Plan to Combat Human Trafficking and support organizations that provide assistance to victims.

Yet there is still more to be done. The underlying principle of Connecting the Dots is that modern day slavery cannot be defeated by one organization, government, or agency. Rather, it will take a coordinated effort of many organizations and individuals.

This past summer, I was sharing Connecting the Dots with a gentleman in British Columbia. At the end of our conversation, he stood up and stated "I am proud to be a Dot." He wholeheartedly saw that each and every one of us has a critical role to plan in combating human trafficking. It is a growing movement of individuals committed to using their skills and resources to take on the slave trade.

In September, the Connecting the Dots principle was taken to a whole new level when [free-them], a Toronto based anti-human trafficking organization founded by Shae Invidiata, launched the "Proud to Be A Dot" campaign at their second Annual Freedom Walk in downtown Toronto. With over 500 people in attendance, Shae Invidiata called for each person to be a part of the solution to end human trafficking.

As a Member of Parliament and a proud Dot, I have most recently introduced a Private Members' Bill called Bill C-310, An Act to Amend the Criminal Code (trafficking in persons). Bill C-310 is a follow up to my Bill C-268 which passed in 2010 creating the first child trafficking offence in Canadian history.

Bill C-310 will amend the Criminal Code to add the current trafficking in persons offences [s.279.01 and s.279.011] to the list of offenses which, if committed outside Canada by a Canadian or permanent resident, could be prosecuted in Canada. While Canada has adopted stiff penalties for criminals who traffic victims into, through, and from Canada, it is important that we also take responsibility for Canadians who traffic or enslave vulnerable people in other countries.

The second amendment will enhance the current definition of exploitation in the trafficking in persons offense [s.279.04 of the Criminal Code]. Currently the definition does not provide specific examples of exploitive conduct. My amendment will add an evidentiary aid for the Court to provide clear examples of exploitation such as the use of threats, violence, coercion, and fraudulent means. Examples of similar evidentiary aids can be found in s.153 (1.2) and s.467.11 (3) of the Criminal Code.

Canada needs more Dots. Today you can be a Dot and take action to combat human trafficking. Here are four simple steps you can take as someone who is 'Proud to be A Dot.'

1. Educate yourself about human trafficking. Visit my website for a list of links to anti-human trafficking websites.

2. Contact my office for a free human trafficking resource kit so you can help raise awareness in your community.

3. Support Bill C-310 by writing to your Member of Parliament and asking for their commitment to support this legislation.

4. Get involved with organizations like [free-them] that educate the public and raise funds for survivor NGOs.

Will you be a Dot and help abolish modern day slavery?

For more information on these matters, please call our office at 305 548 5020.

Thursday, October 20, 2011

Confessions of a traffic lawyer

Does it count as reckless driving or exhibition of speed if you're in full control of your vehicle and there are no obvious hazards (like other cars) surrounding you? Say, doing doughnuts or drifting in an empty lot (no spectators).

Mr. Weiss:

Great question Nick.

Reckless driving is a criminal offense AND a moving violation. In New York, the type of crime is a misdemeanor and the type of moving violation is a 5-point ticket. It can also result in your auto insurance rates being raised for 36 months. Therefore, we definitely recommend fighting these types of tickets.

The definition of "reckless" is broad and, therefore covers a wide range of activities. It includes any actions which creates an unreasonable risk of injury to persons or damage to property. Therefore, doing doughnuts or drifting in an empty parking lot could qualify as reckless driving.

Maggie asks via 0-60mag.com:

I received a radar speeding ticket in Marin County, California. I was traveling in the third lane in heavy traffic. At the same time as I spotted the CHP officer parked on a freeway entrance triangle approximately six lanes away, a car in the fourth lane passed on the left. I alone received a ticket, however.

What are the odds that the officer's radar gun read me, instead of the other vehicle passing me? How do they know they have the correct vehicle? How accurate are the radar guns, and how often are they calibrated? I was traveling at 81 mph, the officer said I was going 84 mph, and I believe the vehicle to my left was probably going 84 mph. This leads me to my main question: on what grounds can I challenge this ticket?

Mr. Weiss:

Maggie,

Thanks for submitting your questions about your speeding ticket.

First off, you admit in your question to speeding. Going 81 mph is illegal in California and the "I was only going 81, not 84″ defense will not help you. Therefore, I recommend that you do not admit that you were speeding. This cannot help you. Instead, try and negotiate with the prosecutor for a reduced charge. This sounds like your best bet. There may be other defenses that you can raise but it is impossible to ascertain them from your question.

With that said, below are the answers to your radar questions.

If the CHP officer used a laser, then he would simply have to place the beam on your license plate to obtain your speed. The results are instantaneous and therefore there is little room for getting the wrong vehicle.

It is different with a radar device, however. Radar send a radio waves out in a conical shape. The farther away the device to the object detected, the larger the cone. Therefore, the police office must set up the device in a way that excludes other traffic. For example, if he is monitoring southbound traffic, he needs to set up the device to cover the southbound lanes, wait for a lull in traffic and then see if the radar device is picking up north bound. If he is getting no readings, then he knows that his cone is not extending into the northbound lanes.

In your case, there were three vehicles going the same direction. Therefore, he needs to testify and/or prove that you were the only vehicle in his zone of influence (the conical area between the device and the outer limit of his radar setting). If he proves that you were the only vehicle, then he can use the radar to establish your speed.

Keep in mind that he can also testify as to his visual estimate to establish your speed. A visual estimate is just what it sounds like: the officer using his eyes to make an assessment of your speed.

One last thought. The officer must also testify that he was trained and qualified to use the laser or radar device as well as doing visual estimates.

I hope this helps and good luck fighting your ticket!

For additional information on these matters, please call our office at 305 548 5020.

Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"

Monday, October 17, 2011

Bluff City traffic cameras hit another speed bump

BLUFF CITY, Tenn. --

From staff and wire reports

The city's traffic enforcement cameras hit another speed bump this week: Ticketed motorists filed suit in federal court seeking $6 million in damages.

Chris Cawood and Jonathan Proffitt claim the city and Arizona-based American Traffic Solutions Inc. are conspiring to violate the federal Fair Debt Collections Act, state law and city ordinances. The lawsuit also names Bluff City Mayor Irene Wells as a defendant.

The suit seeks class action status and accuses the defendants of affixing an illegal $40 administrative fee to traffic camera fines and threatening criminal prosecution and driver's license suspension if the money is not paid. Originally, the fee was imposed in addition to the $50 speeding fine, but the $40 fee was dropped earlier this year.

The suit also alleges that the city created a speed trap near the cameras.

Bluff City already has begun remedying that problem – voting Thursday to expand the 45 mph zone along U.S. Highway 11E so that it starts more than a mile before the location of the cameras. The change puts the camera system in compliance with a state law that became effective July 1, more than a year after Bluff City installed the cameras.

City officials have said they believed their program was grandfathered and they did not have to immediately comply with that state law, which included the provision prohibiting enforcement cameras within a mile of the point where the speed limit drops by 10 mph or more.

But in September, after the grandfathering status was challenged by a ticketed driver, the city shut down the southbound camera and began tallying refunds. Records showed that more than 1,300 tickets had been issued since the law changed and 640 had already been paid.

The lawsuit also accuses Bluff City of dropping the speed on the highway without performing an engineering and traffic study to assess the need for that reduction, as required by law.

Bluff City and American Traffic Solutions have until Oct. 27 to file a response. Neither Paul Frye, who represents Bluff City, nor Crews Townsend, who represents American Traffic, responded to requests for comment.

The city also is refunding about $12,000 from traffic camera collections after a Bluff City Police Department reserve officer was allowed to review and approve hundreds of tickets.

The new state law requires potential violations captured on camera to be reviewed and approved by an officerwho is certified under the state's Peace Officers Standards and Training Commission.

For more information on these matters, please call our office at 305 548 5020.

Friday, October 14, 2011

CA Court for Drug Addicts and Mentally Ill

Each year, the criminal cases of hundreds of defendants who are drug-addicted and/or mentally ill are handled in a unique court in Santa Clara County,California. Thursday afternoon and Friday morning in a courtroom in San Jose — the county seat — Superior Court Judge Stephen Manley hears the cases of defendants who are often repeat offenders due to their drug problems or mental illness.

The program is meant to help addicts and mentally ill criminal offenders:

Overcome their problems
reclaim their lives
maintain their dignity

Stay with Treatment or Go Back to Jail

For drug or alcohol-addicted defendants, Judge Manley offers the choice of sticking with addiction treatment or going back to jail. For mentally ill defendants, it's pretty much the same story; stay in a program and stay on prescribed medication, or face the consequences — but Manley's tough-minded compassion is as evident as the record of success in his court.

Not an Easy Ride

Although his program may strike some observers as "touchy-feely," Manley firmly believes that jail time is necessary as leverage to get defendants into treatment and have them stay there until they're successful. When California's Proposition 36 was introduced — calling for mandatory treatment instead of jail time for first-time, nonviolent drug offenders, Manley opposed it. He contends, "The idea this is some sort of "soft on crime" program is nonsense…it's harder to do this than go to jail or prison."

A Special Court for Vets Is Planned

Based on the successful rehabilitation of so many defendants in his court, Manley has obtained millions of dollars of federal and state money to teach his program to judges across California. He is also planning a special court for military veterans, in light of the increasing presence of Iraq and Afghanistan vets among the mentally troubled and drug-addicted individuals charged with crimes.

(Source: Mercury News)

For more information on these matters, please call our office at 305 548 5020.