On December 1st, 2009 Governor Ritter of Colorado signed into law a bill criminalizing text messaging while driving. The new law will make texting and driving a Class A driving infraction.

See the Denver Post Article below:

http://www.denverpost.com/ci_12498806 The law, which will be Colorado State Statute 42-4-239, prohibits use of cellphones for drivers under 18 years of age, and texting for any drivers. The pertinent texting language is below: A person eighteen years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle.

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Many of the headlines about NCAA football this weekend were about BYUs Clawsons monster hit on Sam Bradford or the suckerpunch heard round the Pac-10 from LaGarrette Blount. This past weekend was called Respect Weekend by the NCAA in an effort to promote sportsmanship in the first week of the College Football season. One of the goals of Respect Weekend was to have the whole team and staff, meet at midfield before the game for a handshake. No one expected teams to meet at midfield after the game for a slugfest.

But thats what fans in Boise got when Boise State Universitys Byron Hout taunted, and tapped Oregons Running Back LaGarrette Blount on the shoulder. As Hout turns away after making a comment to Blount, Blount threw a quick right cross that sent Hout to his knees. Blount wasnt done yet though. He went on to push his teammates yell at fans, and apparently even tried to get at one of the more vocal Boise fans all the while having to be restrained by multiple teammates and staff.

Punishment came quickly for Blount as the University of Oregons Head Coach Chip Kelly suspended him for the remainder of the season, including the post season. That is, if Oregon can even make it to the post season after looking absolutely anemic against BSU, and now having lost their star running back.

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Boating accidents are a common occurrence across the United States. The U.S. Coast Guard (USCG) reported that in 2007 nearly 22% of all boating fatalities were alcohol or drug related. The USCG also reported that Boating Under the Influence (BUI) was the fourth most common factor for boating accidents after: (1) operator inattention, (2) careless/reckless operation, and (3) excessive speed. http://www.uscgboating.org/statistics/accident_stats.htm. Most people are familiar with drinking and driving laws, but in recently, boating under the influence has received more attention from Federal and State law makers.

2001 saw a revision in the standard for the legal blood alcohol content for operators of boats and other recreational vessels. This summary of Federal BUI standards is from the EPA website:

“For recreational vessel operators, the final rule lowers the current Federal BAC threshold from .10 BAC to .08 BAC. This change is appropriate because boating accident statistics show that alcohol use remains a significant cause of recreational boating deaths and because we support a trend in State recreational boating laws toward the .08 BAC standard. Further, the revised Federal BAC standard does not supercede or preempt any enacted State BAC standard. Additionally, the final rule replaces the term “intoxicated” with the phrase “under the influence of alcohol or a dangerous drug.” This change brings the regulations into conformance with current statutory language. The final rule is expected to reduce the number of recreational boating deaths and injuries resulting from accidents caused by operators under the influence of alcohol or a dangerous drug.” http://www.epa.gov/EPA-IMPACT/2001/January/Day-10/i551.htm

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You may have heard the term “Lautenberg” before, or have even heard of someone who was “Lautenberged”. This is the term commonly used when a soldier is discharged from the military based on the effects of the Lautenberg Amendment as it pertains to domestic violence misdemeanors and the possession of a firearm. What is the Lautenberg Amendment? How does it effect military personnel, and regular citizen’s rights to possess a firearm?

In September of 1996, an amendment to the Gun Control Act of of 1968 (GCA) was passed establishing a Federal ban on the possession of firearms by persons convicted of a misdemeanor act of domestic violence1. This amendment to the GCA, commonly referred to as the “Lautenberg Amendment” (Lautenberg), prohibits persons convicted of misdemeanor or felony crimes of domestic violence from shipping, transporting, possessing or receiving firearms or ammunition. Lautenberg also prohibits knowingly selling or providing a firearm to a person who is known to have a domestic violence conviction.

Prior to the passage of the Lautenberg Amendment, there was a public service exemption that included “any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.” This public service exemption loophole has also been closed by Lautenberg, and now applies to all persons that have been convicted of domestic violence charges including Federal and State law enforcement officers, and military personnel.2

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Most of the headlines about college football this weekend were about BYUs Coleby Clawsons hit on Sam Bradford or the suckerpunch heard round the Pac-10 from Oregon’s LaGarrette Blount. This past weekend was called Respect Weekend by the NCAA in an effort to promote sportsmanship in the first week of the College Football season. One of the goals of Respect Weekend was to have the entire team and staff, meet at midfield before the game for a handshake. No one expected teams to meet at midfield after the game for a boxing match.

But thats what fans in Boise got when Boise State Universitys Defensive End Byron Hout taunted, and slapped Oregons Running Back LaGarrette Blount on the shoulder. As Hout turns away after making a comment to Blount, Blount threw a quick right cross that sent Hout to his knees. Blount wasnt done yet though. He went on to push his teammates yell at fans, and apparently even tried to get at one of the more vocal Boise fans all the while having to be restrained by multiple teammates and staff.

Punishment came swift for Blount as Oregons coach Chip Kelly suspended Blount for the remainder of the season, including the post season. That is, if Oregon can even make it to the post season after looking absolutely anemic against BSU, and now having lost their star running back.

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Literally. That is the accusation against Wallace Souza, a former police officer, politician and TV host in Brazil. Souza hosts a highly-rated real crime television program based in Manaus, a city deep in the Amazon rainforest. Souza and his son Rafael (who is currently incarcerated on multiple charges, including homicide) are accused of orchestrating murders, and then sending out his TV crews to get exclusive video and thereby boost his ratings on his TV show Canal Livre (Free Channel).

But wait, theres more: Wallace Souza is also accused of being a drug trafficker, and that the victims were his rival drug traffickers in the area. Talk about killing two birds with one stone.

State police intelligence chief Thomaz Vasconcelos remarked in an interview with The Associated Press, “The order to execute always came from the legislator and his son, who then alerted the TV crews to get to the scene before the police,” http://www.huffingtonpost.com/2009/08/11/wallace-souza-brazilian-t_n_257061.html

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Most people have been stopped by law enforcement at one time or another for a traffic violation. Whether the stop is for something as simple as a burned out headlight, or you didn’t come to a complete stop, we all know that feeling when we see the flashing lights in our rear-view mirror. Imagine how much worse that feeling is when you have had a little too much to drink. Every day I meet with people who have been charged with traffic violations and drunk driving offenses. As I explain to a client their rights, one of the comments I hear most is, I wish I had known that when I was stopped.

Many people are under-educated about the law, or even misinformed about their rights and what decisions they should make when they are stopped for a traffic violation. Many people think they should just do whatever the police them because they don’t have any other options. Below is a basic list of things to keep in mind when you are stopped for drunk driving or driving under the influence of drugs. Laws will vary from state to state, and the following list is Colorado specific. Please check with a local attorney about the laws in your specific area.

1. You have the right to remain silent. You don’t need to answer any questions the police ask you about where you were going, why they stopped you, or how much you have had to drink. Even from their very first contact, the police are trying to build a case against you. Always be polite with the officer, but do not make any statements about what happened, how much you have had to drink, or any other violation they are investigating.

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As anyone who has lost their license can attest, the privilege to drive is something many of us take for granted. All 50 States have a Governmental Department (such as the Department of Revenue or Motor Vehicles) that monitors driving privileges, and has the ability to suspend driving privileges.

In December of 1975, Paul Simon released one of his biggest hits, “50 Ways to Leave you Lover”. It hit number one on the billboard charts in February of the following year. It has been covered many times, in several different languages, including by the Muppets Floyd and Janice.

The covers reached their pinnacle in 1994 (in my opinion) when Glam metal band Trixter, made two versions of this song on their album, Undercovers. Here is a link to the unplugged version: http://new.music.yahoo.com/trixter/tracks/50-ways-to-leave-your-lover-unplugged-version–2545605

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