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Archive for April, 2011

Drunk Driving Killing Male Boomers

April 14th, 2011

– The rate of driving-related deaths for male baby boomers is rising, in sharp contrast to a decline in driver-related deaths for every other male and female age group, recent federal data shows.

The increase coincides with an increase in drunk driving fatalities among baby boomers, both men and women.

An Edmunds.com analysis of driver fatality data from the National Highway Traffic Safety Administration found that the number of annual traffic fatalities for men between the ages of 51 to 65 rose by nearly 25% between 2000 and 2009.

During the same period, annual fatality figures for all male drivers regardless of age declined by more than 20%. Fatality figures for all females also declined 20% during the same ten-year period.

Meanwhile, drunk driving fatalities among men and women ages 51 to 65 increased by 37% between 2000 and 2009, while overall drunk driving fatalities among all drivers fell by nearly 7%, Edmunds.com said.

“We spend a lot of worthwhile energy teaching younger generations about the virtues of staying safe on the road — especially when it comes to the dangers of drinking and driving,” said Edmunds.com CEO Jeremy Anwyl, in a prepared statement. “But the baby boomer generation is not heeding the same advice they’re giving to their children.”

The data analyzed by Edmunds also shows that men are twice as likely to be intoxicated when getting into a fatal accident as women, and that drivers between the ages of 26-35 are more likely to be intoxicated when getting into fatal accidents than any other age group.

Edmunds.com has planned a car safety conference next month, to be held in Washington.

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Maryland Legislature Passes Medical Marijuana Defense Bill

April 12th, 2011

BUT IT'S 4/12 NOT 4/20...

An amended version of Maryland SB 308 has been approved by the state’s House and Senate and now goes to the desk of Governor O’Malley, whose aids have indicated he plans to sign the bill. While not as robust as the original, SB 308 still allows for qualified medical marijuana patients to present an “affirmative defense” if they are being prosecuted for possessing and consuming their medicine. Here is an excerpt from a Marijuana Policy Project email alert:

“With the passage of this bill, the General Assembly has let seriously ill patients know they are not criminals for seeking relief from their pain and suffering,” said Senator David Brinkley, the primary sponsor of the Senate bill.” It will also establish a framework to build on in moving forward with more comprehensive solutions so that some day soon patients will be able to obtain their medicine in dignity and not on street corners. I thank my colleagues in both chambers for today’s compassionate vote.”

In its current form, the bill, SB 308, allows individuals diagnosed with debilitating medical conditions, such as cancer or multiple sclerosis, to avoid conviction if charged with the non-public use or possession of one ounce or less of marijuana. An existing sentencing mitigation would remain part of the law, meaning patients who don’t qualify for the full affirmative defense would still have the opportunity to present evidence of medical necessity and have their sentence reduced to a $100 fine. In addition, a work group consisting of medical, legal, and law enforcement experts would be convened to recommend more comprehensive legislation next year. The bill represents a compromise after the Secretary of the Department of Health and Mental Hygiene objected to a more robust proposal calling for state-regulated dispensaries due to the cost of implementation.

“Today’s vote is a move toward compassion for those who might benefit from this drug,” said Delegate Dan Morhaim, the bill’s House sponsor and the General Assembly’s only licensed physician. “A growing body of evidence suggests marijuana is helpful in treating certain conditions, and seriously ill people who use marijuana to treat such conditions on the advice of their physician should not be considered criminals.”

“Under current law, patients using medical marijuana in Maryland face criminal arrest, prosecution and conviction,” said Sen. Jamie Raskin, one of the sponsors in the Senate. “Although judges can reduce the penalty to $100 in these cases, we heard testimony from patients who said they have lost their jobs and were haunted for life by being branded as criminals. This legislation declares that severely ill people using medical marijuana are not criminals and will have the opportunity to establish medical necessity as a defense to a possession charge. The removal of this threat and the creation of a work group to develop a Maryland model for a comprehensive medical marijuana regime moves us closer to the broader goal of giving patients in Maryland a legal way to obtain doctor-recommended medicine.”

Advocates appear to be  encouraged by the compromise. “This isn’t a permanent solution, and it’s not everything that patients need, but it allows people suffering from debilitating conditions to sleep a little easier tonight while they wait for full protections,” said Dan Riffle, a legislative analyst with the Marijuana Policy Project.

Maryland could very well becomes the 16th state to remove criminal penalties for medical marijuana patients and next year maybe a full medical marijuana bill can be introduced and make its way through the legislature.

The legalization of medical marijuana is very interesting topic that most people have a strong opinion about. Those of us at Shapiro & Mack plan to stay on top of the news relating to this bill so that we can zealously defend our clients and pursue every conceivable defense.  We would love to hear your comments on this topic.

Author: Categories: Criminal Law Tags:

Howard Co. officer arrested for assaulting city officer!

April 3rd, 2011

"Instruction begins when you, the teacher, learn from the learner; put yourself in his place so that you may understand . . . what he learns and the way he understands it." Soren Kierkegaard

A Howard County police officer was arrested early this morning in Southeast Baltimore after police say he punched a female officer in the head then yelled, “I’m a cop!” as officers placed him in handcuffs.

According to court records, officers were attempting to disperse a crowd at Canton Square in the 2900 block of ODonnell St. at 2 a.m. when someone yelled “[Expletive] the police,” who the officer believed to be Casey Robert Lechter. Another man, Kary Williams, said he was the person who made the statement, and the officer told him to leave the area, according to records.

He refused, and the officer told him he was under arrest, officers wrote. While she was placing handcuffs on him, she said Lechter punched her in the head from behind and pushed her away. Police records say a private citizen grabbed Lechter and pinned him against a parked vehicle as additional officers arrived at the scene to help.

Police say Lechter yelled, “I’m a cop” but continued to resist arrest. Williams, meanwhile, suffered a cut to his head and was bleeding heavily, “covering both police officers in his blood,” officers wrote in court documents. Medics were called, and Willliams “continued to flail and spray his blood in the area,” records show.

Electronic court records indicate neither Lechter nor Williams had not been charged as 2 p.m. Sunday, though the police report said both were taken to a hospital and would be charged after they were released.

According to the Howard County police web site, Lechter served in the U.S. Marine Corps Reserves and was deployed for a tour of duty in Afghanistan. His unit recovered thousands of pounds of heroin, and days later some of the unit’s soldiers were injured or killed in a bombing.

Sunday morning’s fight, which officials say happened outside Coburn’s Tavern, was originally put out by the city firefighters union over Twitter as a stabbing, due to the large amount of blood from Williams. Police say no one was stabbed during the altercation.

This news update is brought to you by the Howard County’s Premier Boutique Criminal Defense & Personal Injury firm SHAPIRO & MACK

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