Thursday, March 31, 2011

Columbus Criminal Defense Lawyer Grandview Appeals Attorney Ohio

www.lawofficeofericjallenltd.com (866) 487-6044 The Law Office of Eric J. Allen, Ltd in Columbus, Ohio handle criminal defense matters including felony defense and appellate work. We represent our clients well by paying close attention to the details, by being there to anticipate problems and solve them before they become an issue, and by fighting hard for the results you depend on. For representation, contact the firm in Columbus, Ohio.



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Wednesday, March 30, 2011

Obama Admits; I Should Not Run For President In 2008

Obama; "I am a believer in knowing what you are doing when applying for a job". That is what he said in this video on November 8th 2004 right after he won his election to a 6 year term in the US Senate, (look at upper right corner of video). I guess he changed his mind. It wasn't the first time, and he's been changing it ever since. Experience shows Obama and Palin fit right in By Peter S. Canellos Globe Staff / September 9, 2008 WASHINGTON - To hear Republican leaders tell it at last week's convention, Barack Obama is one of the least qualified presidential nominees in history. Fred Thompson, the former Tennessee senator, called Obama the "most inexperienced nominee to ever run for president." Former New York mayor Rudy Giuliani said Obama "is the least experienced candidate for president of the United States in at least the last 100 years." Democrats, meanwhile, were casting Alaska Governor Sarah Palin as woefully underqualified for the vice presidency, though they avoided using history as their measure. Good idea. Even a cursory look through history suggests that neither Obama nor Palin is out of the mainstream for presidential and vice presidential nominees. Giuliani may have chosen the 100-year time frame to invoke the memory of William Jennings Bryan, who won the Democratic nomination three times between 1896 and 1908 with only four years in the House of Representatives as experience. He was 36 at the time of his first presidential nomination. In 1904, the Democrats ...



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Tuesday, March 29, 2011

DUI Defense - The One-Leg Stand

If you have been arrested for driving under the influence, the arresting officer probably asked you to perform the so-called "One-Leg Stand" test. The one-leg stand is typically one of several methods that police officers use to decide whether to arrest someone for driving while intoxicated.

The one-leg stand is a method devised by the National Highway Traffic Safety Administration to determine whether a person has a blood-alcohol content ("BAC") greater than 0.10 percent. The one-leg stand is supposed to be performed by balancing on one leg while holding the foot of the other leg approximately six inches off the ground and simultaneously counting out loud while staring at the raised foot and holding the arms at the side. Officers are supposed to note any of the following "clues":
(1) swaying while balancing;
(2) use of the arms for balance;
(3) hopping; and
(4) putting the foot down.

Appeals Lawyer

Many police officers and prosecutors have cultivated a myth that this test is useful in determining whether a driver has had too much too drink. In fact, it is a very poor test for determining intoxication and it has never been subjected to rigorous scientific testing. There are several reasons why the one-leg stand may not adequately support an arrest or conviction for a DUI or DWI.

DUI Defense - The One-Leg Stand

First, the federal government acknowledges that even under the best conditions the one-leg stand is an unreliable predictor of a person's intoxication. Under laboratory circumstances (i.e., not late at night on the side of the road), officers trained in using the one-leg stand to determine if a person had a BAC greater than 0.10 percent were wrong 35 percent of the time. In other words, under the best circumstances, the one-leg stand test was correct only 65 percent of the time. It stands to reason that the usefulness of the one-leg stand test is worse under less than ideal conditions.

Second, the one-leg stand is subject to too many confounding variables to be useful evidence of guilt. The test requires a dry, hard, level and non-slippery surface. Imperfections in the surface on which the person is balancing will obviously affect that person's ability to balance on one leg for a prolonged period. Moreover, each person's physical characteristics will likewise impact that person's ability to balance on one leg for a prolonged period of time. Indeed, the federal government acknowledges that persons who are over 65 years old, have back, leg, or inner ear problems, or who are overweight by 50 pounds or more had difficulty performing this test regardless of alcohol intoxication.

Third, the arresting officer may not have administered the test correctly. The one-leg stand is supposed to be a standardized test. Even the federal government acknowledges that the test must be administered and interpreted in a standardized manner for the results to have any meaning. Shortcuts by the arresting officer in administering the test, failing to provide complete and correct instructions, or noting false "clues" of intoxication will undercut the validity of the test.

It is important to recognize these remarkable shortcomings in the evidence that the police and prosecutor will attempt to use against you. Because the one-leg stand is so flawed, it should not be used as evidence at all. Although many judges will allow it into evidence, it is nevertheless important to educate the judge or jury about the flaws so that they can discount the officer's conclusion that you failed the test. Make sure that you hire a DUI defense lawyer who understands the inherent flaws in the one-leg stand and knows how to use science to undercut the prosecutor's case.

The information provided in this article does not create or constitute an attorney-client relationship, is not intended to convey or constitute legal advice, and is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.

DUI Defense - The One-Leg StandThe Lost City Video Clips. Duration : 22.62 Mins.


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ATTORNEY ADVERTISING MATERIAL. Michael Stamp is a Fairfax DWI defense lawyer at the Stamp Law Firm PLLC and experienced in representing clients in high-stakes cases. He serves clients throughout Virginia, including Alexandria, Arlington, Fairfax, Loudoun, and Prince William Counties. If you have been arrested for a DWI in Virginia, contact the Stamp Law Firm as soon as possible.

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Monday, March 28, 2011

Senate Session 2010-04-14 (12:45:11-13:49:39)

www.c-spanarchives.org



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