You went out for the night and got caught drinking and driving. You have been arrested and released with a driving while intoxicated. So, now what should you do? Here are the first steps that you need to take after being released for a DWI. First you need to hire a lawyer. You want a lawyer who is specialized in DWI cases to help you through this whole process. It is important that you don’t miss a single step or you will be more likely to serve time. A great lawyer is worth it because they are skilled at what they do and will ensure that you have a favorable outcome (or as best as you can expect)! Then, you need a chemical dependency evaluation. A chemical dependency evaluation, required by the court system, is used to determine whether or not you have a dependency on drugs or alcohol. The agency who runs the test will talk to you about your past use of drugs and alcohol, if you have ever been treated for dependency on drugs and alcohol, and if you have ever had any trouble with the law. The information from your arrest will also go into consideration. You may need to submit an urine sample. You must follow the recommendations from your chemical dependency evaluation. When your assessment is done, you will get a written copy. In it, you will see your results and diagnosis. If there is any sign of abuse or dependence, you may have to go to an Alcohol Drug Information School or a DUI Victim Impact Panel. Just make sure that you do whatever is required of you as soon as you can. You will have to attend a Mothers Against Drunk Driving (MADD) Impact Panel. The goal at the panel is to prevent repeat DWI offenders. They do this by holding conferences where you can learn how many people are affected by drunk drivers. You are going to hear from family members who have lost people that they love because of someone’s bad decisions. You may also hear from people who are seriously injured due to drunk drivers. If you are allowed to drive, you will need an Ignition Interlock. This is a device that prevents your car from starting if you are drinking. You have to breathe into it like a breathalyzer before you get behind the wheel of your car. Once you take the test, your vehicle will start as long as you haven’t had anything to drink. If you have been drinking, you will have to take the test again before your car will start. You must remember that if you have an Ignition Interlock, the results will be stored and given to the court. If you are continuing to drink and try to get behind the wheel, the courts are going to find out. For this reason, you need to get your drinking under control. If your alcohol limit was .16 or more, you are going to have… Read more {+}
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Officer Ray Tensing is the Latest Officer to Walk Free
A mere two weeks after the Yanez Verdict, former University of Cincinnati Officer Ray Tensing becomes the latest Officer to walk free after a second mistrial on murder charges for killing Samuel DuBose, an unarmed black man. Like so many cases garnering recent attention, this matter was also captured on video. Here is the primary video footage of the incident (WARNING: Graphic Content). The language of the County Attorney in this case was much stronger than just about any we have seen in these cases, calling is “senseless and asinine” and describing it as un-American and something that happens in Afghanistan, not here. It remains to be seen whether the County Attorney will try the matter for yet a third time, though it is worth noting that, halfway through the trial, the County Attorney sought to add charges of “reckless homicide.” That motion was denied by the court as untimely. Officer Ray Tensing is the Latest Officer to Walk Free was last modified: June 24th, 2017 by Alex DeMarco
St. Louis Police Officer Shoots Fellow Off Duty Officer. Guess What Color The Victim Was…
If there is one thing that should be unanimously agreed upon, it’s that the phenomenon of “driving while black” is very real. If you disagree, it’s not your opinion. You’re up against decades of studies, just a few which can be found by clicking here, and here. You’re also far more likely to have your vehicle searched if you’re a person of color. If there is another thing that is becoming apparent, it’s that being lawfully armed while black is even more dangerous. As if the Yanez case was not a sobering enough example, apparently, even being a police officer an black while get you shot. That’s right. An off duty cop, an African American, intervened to assist other officers after a car chase ended. He was then ordered to drop his weapon to go to the ground. After officers recognized him, he was allowed back up. That’s when another officer apparently not up to speed on the circumstance emerged from his squad, “feared for his life” and immediately shot his fellow police officer. With all the talk of gun safety and gun control, it may finally be time to start having a discussion on whether arming every single officer is a good idea. St. Louis Police Officer Shoots Fellow Off Duty Officer. Guess What Color The Victim Was… was last modified: June 23rd, 2017 by Alex DeMarco
Agent Joe Joswiak Assaults Driver Anthony Promvongsa
Recently released is the the dashcam video from the Worthington Police Department of Agent Joe Joswiak of the Buffalo Ridge Drug Task Force and his assault on Anthony Promvongsa, a driver. An off duty police officer had called in to his buddies regarding Mr. Promvongsa’s “erratic driving.” While this may have warranted an investigatory stop and a simple interrogation or citation, apparently road rage is not simply a problem for civilians. The assisting, relatively calm officer is Timothy Gaul, a Sargent with the Worthington Police Department. Sargent Gaul himself as been previously accused of excessive force. That matter was eventually settled in exchange for dropping all claims. Sargent Gaul oversees Use of Force operations for the department. Mr. Promvongsa was actually charged with assault on an officer and resisting arrest. Whatever can be said of the recent Yanez verdict, at least Yanez was charged and tried for the crime. He is also no longer a police officer. It’s time to bring brutal officers to justice, even if that means a trial is difficult. Mr. Yanez is one of several officers charged with crimes this year. Cutting to the chase, contact the Nobles County Attorney’s Office today and demand this officer be removed and investigated for assault. Prairie Justice Center 1530 Airport Rd. Suite 400 P.O. Box 337 Worthington, MN 56187 (507) 295-5298 (p) (507) 372-8439 (f) countyattorney@co.nobles.mn.us Agent Joe Joswiak Assaults Driver Anthony Promvongsa was last modified: June 23rd, 2017 by Alex DeMarco
St. Paul Criminal Defense Attorney Challenges SANE Exam
Resolving “He said, She said” with Junk Science, the terrifying unchecked testimony of Sexual Assault Nurse Examiners. Alex DeMarco, a frequent Criminal Defense Attorney in Dakota County, had the opportunity and challenge of handling a criminal sexual conduct case in Dakota County recently. The matter was charged out in 2014. Alex DeMarco pushed it to trial three times, each time it being continued by other cases that were older or involved clients in custody. On the third trial setting, the state dismissed the 3rd Degree Criminal Sexual Conduct case, and recharged it as a criminal sexual conduct in the first degree. This was because, on the day of trial, over a year after his client was arrested, the state suddenly revealed the alleged “victim” had recorded her own sexual assault. The State’s motion to amend the complaint was denied. The State dismissed and re-filed, because the law now holds that a prosecutor can do so out of convenience and bad faith. There is zero constraint on the state’s charging decision thanks to a recent Minnesota Supreme Court Opinion. Despite it being recharged to the highest degree possible, Alex DeMarco pushed it through to trial yet again. Between the dismissed file and the new file, Alex DeMarco drafted over 400 pages of motions and memorandum and set the case up for trial. That included overcoming the so-called “rape shield” law , moving to suppress the statement of the defendant, and, important to this article, challenging the validity and limiting the testimony of a strange breed of State Expert called a “Sexual Assault Nurse Examiner.” Ok that seemed like a lot of jargon, and we know the part that leaped out at you. “But Alex, the victim recorded her own sexual assault. The victim was heard saying “no, stop” several times. What would you try that case?” Answer: Because who the heck records their own sexual assault? Think about it. How consistent is that with being sexually assaulted? Ultimate result, despite the admission of this video evidence before a jury= Hung jury. No conviction, all counts. The reason? A Junk Science called a “Sexual Assault Nurse exam”, AKA “SANE” “S.A.N.E” or “SANE exam.” While this is taken for granted by most lawyers, Alex saw through the fallacy of this science and exposed it to the jury. The video was dark, grainy, did not show very much of anything regarding the conduct, and the fact the victim recorded a supposedly traumatic experience when she admitted there was no prior abusive or assault conduct by the defendant was weird and contrived. Frankly, the case might have actually gone a different way if the State’s expert had not testified, but when she did, the jury ultimately could not believe the State’s case beyond a reasonable doubt. If you’re facing a criminal sexual conduct charge in Minnesota, you need to hire an attorney that understands the latest up and coming junk science the State is… Read more {+}
