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September 2012 Archives

Driver refuses sobriety test, cites TV show as the reason

Citing a television program as the reason for refusing a field sobriety test may not be a winning legal strategy. A Fort Pierce, Florida man stopped by police on suspicion of drunk driving told officers he's "not taking no sobriety test. I done seen it on Mythbusters." Mythbusters is a Discovery Chanel program on which two professional stuntmen use the scientific method to prove or debunk various rumors, urban myths and the like. After asking the driver if he would like to reconsider, the driver responded with a short obscenity and "no."

New York State issues "emergency" drunk driving regulations

The State of New York has decided to say "when" to drunk and drugged drivers. Under new "emergency" regulations just issued, drivers with five or more drunk or drugged driving convictions over their lifetime will have their licenses permanently revoked. Three or more intoxicated driving convictions plus at least one serious traffic offense within a 25 year period will also lead to permanent revocation. This is the first time that Empire State motorists have ever faced the prospect of losing their driving privileges for life after being convicted of multiple drunk or drugged driving crimes.

New DUI blood test law may contradict the fourth amendment

According to many drivers in the state of Maryland driving is a privilege not a right. When you get behind the wheel of a vehicle you are responsible for what happens. This becomes significantly more true when there are car accidents that may involve drunk drivers.

Swim coaches under fire for allegations in wrongful termination

When someone in Maryland is fired and he or she doesn't believe that there was any justifiable reason for the termination, he or she may be prone to accusing a former employer or coworker of wrongdoing. In some cases, these allegations are true and the employee was wrongfully terminated. In others, however, the allegations are merely an attempt to shame, punish, or discredit an individual or organization due to bitter feelings because of the termination. Until anything is proven, however, any individual or organization should be presumed innocent until proven guilty.

Marijuana study looks at effects of drugged driving

With medical marijuana legal in Washington, D.C., there have been some questions raised about what to do with individuals who drive after smoking. If the individual has some marijuana in his or her system but it is not impairing his or her ability to drive, should that be a crime? At what point does marijuana even affect the ability to drive? These are questions that, up until now, researchers have not been able to answer, but a new study could provide the answers.

Football coach's home videos lead to child pornography charges

When someone in Silver Spring is charged with child pornography, many people in the community immediately assume he or she is guilty. Not only do they judge a suspect based solely on the charges, they also may vilify him or her. This is one of the many reasons why it is so important to contact an experienced criminal defense attorney the moment an individual is suspected of possessing or creating child pornography.

College kicks athlete out, grand jury chooses not to indict

Even for athletes that are destined to be professional sportspeople, a solid college education is important. With the limited career span of professional athletes, they often need to have an education to fall back on. That is why what happened to a Xavier University sophomore is even more unbelievable.

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James N. Papirmeister, Esq.

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As Published in Washingtonian Magazine | Washington's Best Legal Minds | 2013