YouBoob! When social media and common sense collide in Court

shooting-oneself-in-the-foot.jpg

This YouTube video led to a wrong-way drivers arrest and later to his car being crushed as punishment. Obviously, the Judge was not amused.

Today’s wrong-way interstate driver news stories include an ill-attempted escape from police that was posted on YouTube by his friends, who stand there laughing as they film what could have ended in a head-on crash. But it appears the judge had the last laugh when he makes his own comments when sentencing the youthful driver and the local authorities later crushed his car as part of the punishment.

Crushed his car?

That’s an interesting twist on how to draw attention to drinking, driving and heading the wrong-way on the interstate highway system.

See the video – Boy Racer Banned And Given An Eight-Month Suspended Sentence and see Colseshill Police Chase

 

 

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Why might a $500 fee mistake cost you a 30 day law license suspension?

Temple Monk.jpgProbably not, but in this case it did. A lawyer friend asked why this lawyer’s license was suspended for 30 days over a lousy 500 bucks. I suspect it was not the oversight about the $500 fee that drew the Court’s ire. Simply put it’s not the $500 mistake; the bigger problem is not responding to their attempts to contact the lawyer to rectify the mistake.

According to the opinion, Upon learning of the error some time later, the Weigels attempted to contact Ries, but were unable to reach him. In a letter dated February 2, 2011, Mr. Weigel threatened legal action against Ries if he did not refund $250 each to Mr. Weigel and Ms. Weigel within ten business days. Ries failed to respond to the letter.

….

On August 16, 2011, the Board filed a complaint against Ries, alleging that he violated rule 32:1.15(d). Ries did not answer the complaint, nor did he participate in a pretrial scheduling call. He did appear at the October 24, 2011 hearing convened by a division of the grievance commission. At the hearing, Ries acknowledged he had not yet repaid the $500. He explained:

[I]t is simply a matter of not having the wherewithal to do it. . . .

I’m not making any, you know, excuses for that. And I would just ask the Board to take that into consideration. Like I said, it’s not a scenario where I tried to deceive these folks, and they ended up paying more money than what was owed, and, you know, upon realizing it those funds had already been used to pay bills, and that leaves me in this scenario I’m in now.

.... 

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Photographs and the outdated Subsequent Remedial Measures Doctrine

Smoke Blue Stream of Smoke.jpgMany a photograph have been excluded under state and federal rules of evidence as a subsequent remedial measure, but not in Maiers vs Gansen and Estate of Gansen, No. 1-1006/11/11567 (Filed February 15, 2012 Iowa Ct. of Appeals). This appellate decision reviews a lower court evidentiary ruling and damages of $191,916.20 for injuries suffered on a public sidewalk for a trip and fall. The accident happened on September 26, 2007 and the photographs of the sidewalk were taken sometime during November 2007.

According to the opinion by that time the raised portion of the concrete pad had been ground down so that it was more even with the adjoining pad. Negligence in maintaining the sidewalk was the legal claim then being asserted. No pre-maintenance photos could be found. At trial the Gansens filed a motion in limine requesting exclusion of the photographs asserting the outdated rule of subsequent remedial measures under Iowa Rule of Evidence 5.407.

Here is what the Court of Appeals wrote:

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Selling Unapproved Viagra Draws Federal Sentence in Iowa

Monopoly Get Out of Jail Free Card.jpgThis story from KCRG, they seem to have a lot of interesting stories this week, drew a two month sentence from U.S. District Judge Mark Bennett. What started out as a side business selling Viagra allegedly manufactured in India, lead to charges being filed in Iowa’s criminal system of justice.

“Kempema acknowledged selling more than 3,700 pills to 95 customers and agreed to forfeit $23,000, which is expected to go to drugmakers Pfizer Inc. and Eli Lilly and Co. and three customers.”

The legal concept is counterfeit medications. There are numerous articles discussing the problem. I'm not sure how a person can claim a lack of knowledge when selling drugs in this country since prescription drugs are dispensed exclusively by doctors with a medical license.

See Counterfeit Medications, Suspect charged with selling fake drugs and Men Accused of selling fake drugs in 2 Missoula cases.

What is TIWI?

Tiwi buy-now_on.jpgTIWI is an electronic device (onboard computer) that is secured to the windshield of the car and warns teens about their unsafe driving habits. It’s a parent’s conscience onboard with your teen. Notifications can be sent to the parent when teens arrive or depart from any location.

The cost is between $300 and $600. The key features are seat belt alert, speeding/aggressive driving prevention, immediate feedback on driver behavior, e-Call Emergency/Roadside Support,

Interactive Web Portal and SmartZones GeoFencing

I’ve not used this device, so I’m not all that familiar with the ease of how it works and how valuable the feedback is. But there is a feature of it that got my attention. The feature is named SmartZones and allows the parent to create customized geographic zones so you know the second your teen arrives or leaves school, home or anywhere else. 

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Texting and situational blindness

DSC00560-1.JPGThe Iowa State Patrol’s investigation is complete and the conclusion is another teen has died due to situational blindness brought on by distracted driving. The report concludes this 17-year old was texting while driving taking her attention away from the road and allowing her car to run into the back end of a school bus three miles east of St. Ansgar. This young lady was a junior at St. Ansgar High School. The accident occurred at 3:24 pm on November 1st, 2011 on Iowa’s Highway 218.

Allison Smith – 17-year-old Iowa teen described above. 

The Iowa DOT also publishes a teen driving guide that provides parents with rules for safe teen driving. See Teen Driving Responsibilities.

  • Rule 1: Put it down!
  • Rule 2: Absolutely no alcohol!
  • Rule 3: Always buckle up!
  • Rule 4: have the car in the driveway by the designated time!
  • Rule 5: no more than one passenger in the car at all times (or zero passengers if the state’s GDL law doesn’t permit any).
  • Rule 6: Follow your state’s GDL laws!
  • Rule 7: Follow the house rules or face the consequences!

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Settling your own wrong-way accident case

shooting-oneself-in-the-foot.jpgQuestion: You asked what you need to do to settle your claim. Well let’s see if I can answer this in a blog, the better way is to hire a lawyer to protect your legal rights. And that’s what I recommend. Beyond that, what do you need to collect? Let’s look at the top ten, although this is by no means an exhaustive list of what personal injury lawyers do in proving your case.

  1. Photographs of the car accident.
  2. Photographs of the personal injuries.
  3. Police officer or state trooper’s accident investigation report with photos and statements from witnesses.
  4. Medical records including bills and reports.
  5. A medical evaluation for permanent impairment and restrictions.
  6. Wage loss information including W-2’s to prove past earning history.
  7. Evidence to show reduced earning capacity which may include an occupational assessment, a functional capacity evaluation and PIR opinion.
  8. Evidence to prove pain and suffering damages, if any.
  9. Evidence to establish liability such as court documents to show a driver pleading guilty to charges of improperly operating a motor vehicle. 
  10. Deposition transcripts if any to prove who or what driver is at fault.

There is a very good reason why I hire an accountant to prepare our tax returns and why I hire a lawyer to prepare a will for me. I’m simply not competent to handle those legal matters myself.

So like a lawyer handling their own case, any person handling their own case has a fool for a client. Remember that adage; it may fit your situation.

Here are some news stories of different causes, alleged but not yet proven, of wrong way accidents. 

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Wrong-way drivers still active and too numerous to count

10.1.JPGI’ve taken a week off from blogging to catch up on legal work for paying clients. We’ve been busy settling cases and taking depositions. But that week is in the books and we move down the road along I-80 and I-35 still watching what is going on with the icy weather and who is crashing, colliding, rolling over and driving the wrong-way on the interstate highways across the country. Today we have a slew of wrong-way collisions; unfortunately the numbers of wrong-way Interstate highway events aren’t slowing down. It seems to me the numbers are increasing although the causes haven’t really changed much. At the end of this blog of news items I’ll list the firm’s lists to help you understand the cause, who is likely to drive the wrong way and how to protect you and your family from the devastating consequences of wrong-way drivers. Let’s get busy because the list today is very long.

Storm chaser killed by wrong-way driver
CBS News
4, 2012 when one driver proceeded down the wrong way of Turner Turnpike. (KOTV) SAPULPA, Okla. - A storm chaser featured on the Weather Channel has been killed in a head-on collision in northeastern Oklahoma. The Oklahoma Highway Patrol hasn't released ...

DUI charges for wrong-way driver after collision on Stevenson ramp
Chicago Tribune
An SUV traveled five miles the wrong way on the outbound Stevenson Expressway and crashed head-on with a small car on a ramp to Lake Shore Drive early Friday morning, seriously injuring bothdrivers, authorities say. Rakesh J. Baker, 23, ...

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It's still the place we call home

Guns no guns?

War no wars?

Traffic cameras or more money spent on law enforcement to stop crazy drivers?

Airport security full body scanners or pat downs?

Tasers or no tasers?

Talking about the issues or negative campaign ads?

Congressional largess or serving the people who put you there?

Running public corporations for the stockholders or multi-million dollar CEO bonuses?

Liberty, fairness or this thing called justice?

Screaming pundits or civil discourse?

The old Constitution or the new Constitution? 

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The more secure we get the greater the insecurity we feel

Airport Security.jpgAnother form of surveillance – The airport body scanner

It seems terrorism coupled with the fear that goes hand-n-hand with economic uncertainty will justify all sorts of ways to trim individual freedom. Government overspending, no matter how justified it seems, comes with a high price. One of those costs is anger followed by terrorism, then by more spending to protect the general public followed by more curtailing of individual freedom. In the name of safety no longer are we safe from the ever present intrusive eye. The airport has become one of my least favorite places to be. Here is one more reason to hate air travel.

The Des Moines International Airport will now be home to the latest and greatest body scanners.  The Quad City airport has them. These surveillance electronics use Advanced Imaging Technology that bounces radio waves off the human body to detect anything that shouldn’t be there. Breast implants included? I'm not sure. Read the story by KWQC.

If you're having a problem coming up with that one gift for the person who has everything, why not buy your own, full body scanners being sold online at Alibaba.com

Des Moines Law Enforcement Advisory to Criminals, Okay here is where we will be next week.

Monopoly_Logo_123.jpgYesterday I wrote about two local cases having to do with video evidence taken by third parties that could prove helpful in solving crime and quite usefull in the civil cases that will probably follow. Today we continue on with how cameras are being used locally to aid law enforcement and the courts to resolve what might otherwise be unresolved.

The “Polite Robber” Gets Arrested surveillance

In Iowa City there have been three bank robberies in the past several months. Video should assist to solve who is this bank robber. But here is a story from KCCI-Channel 8 that is quite interesting. The Des Moines Police are releasing the planned locations for mobile traffic enforcement cameras. Take a look at Mobile Speed Cam Locations Next Week, Des Moines, Iowa. The Des Moines Police even have their own Facebook page and release the locations of video surveillance for the coming week.

Seriously? This is way too funny. 

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Visiting the Scene - The Evidentiary Power of Video Surveillance Camera Footage

Surveillance.jpgStanding falsely accused of felony assault in the severe beating of a man in a bar the video surveillance footage from Johnny’s Hall of Fame cleared the one man and now sends Des Moines Police looking for another man. The defense lawyer hired a private investigator that obtained the footage from the tavern. After police and prosecutors watched the video tape charges against the accused were dropped. Instead of accusing the wrong man they now are looking for a cage fighter. Watch the video to see how impressive this kind of evidence is in providing the defendant is the wrong guy. See Video Clears Man In Runner’s Beating Case, KCCI, Cynthia Fodor

Then there is a recent assault case at the Ankeny Wal-Mart. Police report two woman assaulted a female security guard at the Ankeny Walmart store at 1002 SE National Avenue about 4:00 pm, they don’t report on what day. What’s interesting is the surveillance store footage has a very clear picture of the two woman. See KCCI’s story, Do You Recognize These Women? Of course a photographs of customers is a long way from proving these are the same people who assaulted the guard, but it demonstrates that whenever there is the accusation of criminal activity the first line of offense and defense may be the surveillance cameras. 

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Does Iowa Need a Constitutional Right to Bear Arms?

httpwww.halloweenforum.commembersterra-albums-tutorial-beloved-tombstone-picture22862.jpgWhat came first the chicken or the egg? That question debates the existence of a God. And in Iowa we never shy away from a discussion about religion, and so lately we Iowans are attempting to unscramble that which cannot be resolved by asking a similar question about guns: Are we safer with or without handguns?

A new gun law championed by the National Rifle Association (NRA) that took effect January 1 in Iowa has some librarians concerned that it will allow patrons to openly carry firearms in the library.

This week we are covering stories about security, insecurity, evidence, crime, terror and the ever present video surveillance cameras. We ask several questions of our readers and these include the following.

  • Are handguns and those who own them our friend or our foe?
  • Do they make us more secure or less secure?
  • Are they useful or a hindrance?
  • Is the evidence that the security surveillance camera produces useful or useless?
  • What is the expectation of security and will it lead to a new civil cause of action?
  • Hey did we just shoot ourselves in the foot?

We start with a story from KCCI TV 8 that asks, Does Iowa need a constitutional amendment to protect the right to bear arms? Only six states in America have a constitution that doesn’t set out gun rights for its citizens. Perhaps that’s because when Iowa was young and unsettled its citizens had little time for guns except to hunt. According to the article the Polk County Sheriff’s office reports that in 2011 10,000 people applied for gun permits and only 40 were denied the right to bear arms.

There is a difference of night and day. 

Science resolves this age old question with analyzing protein. So now it's as clear as muc.

Hey it's the egg stupid! Not so fast it's the chicken!

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Iowa's Work Comp Commish Speaks His Mind

Ax to grind.jpgIowa’s Workers’ Compensation Commission is gay; there is no questioning that fact. He’s also doing a good job running the agency; there is no doubt about that fact. But for reasons that remain unexplained the Governor says otherwise. The Governor reduced Godfrey’s salary claiming his actions are slowing up Iowa’s economic recovery. But that can't be true; even the Iowa Economic Development Commission doesn’t agree with the Governor. The EDC touts the workers compensation laws in Iowa as a positive attribute of doing business in this state. Link In many instances the Governor is right, but this isn’t one of them.

How does one get back on track?

Governor Branstad needs to apologize, restore Godfrey’s pay retroactively and move on to bigger issues that will have the effect of helping the state economically.

Mp3 Audio download.

This is a distraction the State of Iowa doesn’t need.

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Down on Main Street, pedestrian safety knows no status

On way to work, pedestrian struck and killed in Charlotte

I read that headline and wondered why anyone would ban the use of any traffic cameras. The Iowa legislature is considering such a move. To do so would be pandering to the voters, nothing more.

Look at the guy in Charlotte. Being familiar with the route didn’t save this pedestrian worker as he headed to his job at Wells Fargo along a route he’d done morning after morning. I’m sure the truck driver feels badly about his part, how could he feel anything else, but that won’t change the facts. The truck driver is reportedly charged, but one witness is quoted as saying there was fog that morning and he didn’t believe the truck driver ever saw the pedestrian. Chances are the prosecution will have no choice but to plea bargain. Who knows what the truth is except the pedestrian is dead.

A construction company worker who was near the scene said he didn't believe the dump truck driver saw the pedestrian. Tuesday morning was foggy across much of the area. The pedestrian was 47-years-old, a director with corporation’s commercial mortgage servicing team handling asset management with commercial real estate. Photo available

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Q&A: What can I do if I am caught driving without a license again?

welding-mask-gloves-438700-h.jpgQuestion: What can I do if I am caught driving without a license again?  I was in an accident; I do not have a license. Took a chance to get back and work. I have been caught before and this will make it my third felony driving while suspended. The ticket written was only for not providing a license, what can I do?

Answer: Okay hotshot let’s get real here. What you say doesn't make sense: there is no charge of felony driving while suspended, so I'm guessing there is more going on than you've alluded to. Otherwise, the answer to your question will depend upon the reason you don't have a license in the first place. Are you suspended or barred? Why are you suspended or barred? What happened the prior times you were arrested? What else is in your criminal history? Are you on probation or parole? Depending upon the answers to those questions you could be looking at a very minimal fine or as much as prison, and additional license suspensions.

And one more thing, stop making excuses for criminal behavior. You said, "Took a chance to get back and work." What does that mean? I suspect the devil is in the details behind that statement. Where were you driving to? Huh? Cat got your tongue? The judges aren't stupid, you think the prosecutor is going to be played that easily? You didn't say you were heading to work so throwing that tidbit in won't get you to first base.

The fact is you just struck out.