DUI / DWI

Erin Brockovich and her not-so glamorous mug shot.

After a day in the sun and with nothing to eat it appears that a couple of drinks had a greater impact than I realized.

It is very important to note that I was not operating the boat in open waters, I was moving it within its own slip. At no time was the boat away from the dock and there was no public safety risk. That being said, I take drunk driving very seriously, this was clearly a big mistake. I know better and I am very sorry.

– Famed legal advocate Erin Brockovich, issuing a public apology after her arrest for alleged drunken boating.

Driving while drunk is wrong. I’m not going to dispute that. In fact, that’s why I live in New York, where my drinking habit hobby can never put anyone at risk. Except me, I suppose.

And the drive to drive drunk-driving incidents down further is in full swing, with the National Transportation Safety Board suggesting that states reduce the legal limit for driving to .05% — the level of intoxication achieved by inhaling while walking past a bar.

That said, are there ever any exceptions to the ironclad rule? And might one of those be fleeing an attacker?

double red triangle arrows Continue reading “Court Upholds DWI Conviction of Woman Fleeing Domestic Abuse”

* Justin Bieber has apparently abandoned his 20-week-old monkey, Mally, after having her confiscated because he couldn’t comply with animal control laws in Germany. Now in a shelter somewhere in Germany, there’s one more lonely girl. [Lowering the Bar]

* Ann Althouse posted FOUR TIMES about Barack Obama’s umbrella over the weekend. Somebody is really putting off grading those papers. [Althouse]

* Alabama judge faces $25 million lawsuit alleging he improperly took a case from another judge and issued damaging rulings. This is the judge who ran against Chief Justice Roy “Don’t Remove the Ten Commandments From the Courthouse” Moore. The moral of the story is: don’t use the Alabama judicial system. [Legal Schnauzer]

* The FBI may be looking into whether lawyers conspired to have opposing counsel arrested on DUI charges by using a “comely paralegal” to get the lawyer drunk and then ask him to drive her home. [Tampa Bay Times]

* Statewide Virginia Republican candidates are no friends of the libertarian wing of the conservative movement. On the other hand, are there viable conservative candidates not named “Paul” that are friends of the libertarian wing of the conservative movement? [CATO at Liberty]

* The IRS scandal gets the SNL treatment courtesy of Seth Meyers and Amy Poehler. Video after the jump…

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It’s the hypocrisy that bothers me first. Lawmakers at the National Transportation Safety Board have recommended that states lower the legal blood-alcohol concentration for drivers from .08 percent to .05 percent. For a normal-sized person, that’s going to be little more than a glass of wine with dinner. For a guy like me, that means I’ll only be able to have one bottle of whiskey. In a country that claims it can’t be bothered to run a simple background check before allowing people to legally purchase military grade weapons over the internet, we’re thinking of criminalizing having some wine with dinner and then driving home.

I suppose you could have all the alcohol you want if you drive home in a freaking tank, because as long as there is a gun involved, the government isn’t allowed to do squat.

But even if we ignore the hypocrisy and move past the obvious enforceability problems of turning nearly everybody on the road after 1:00 a.m. into a criminal, there’s still another huge problem with this NTSB recommendation. It’s a “national” standard for what absolutely is a state-by-state concern.

That’s right, I said it, I object to this recommendation on federalism grounds….

double red triangle arrows Continue reading “NTSB Recommends Lowering BAC Limit — That Sound You Hear Is DUI Attorneys Applauding Their Good Fortune”

* It’s springtime, and the nation’s highest court is getting ready to drop some of its biggest decisions yet. If Tolkien had written this, Justice Kennedy would be the one to bear the One Vote. [UPI]

* But for SCOTUS to maintain legitimacy in the eyes of the people, its justices must do battle against a “modern-day tsunami of special interests.” How well are they doing? [National Law Journal]

* To answer that question, let’s look at their record. Political labels aside, thus far, the Roberts court has shaped up to be “the most pro-business court since the mid-1930s.” [New York Times]

* Meanwhile, Justice Thomas has been busy taking shots at President Obama, noting that he always knew the first black president had to be pre-screened by “the elites” and “the media.” [Mother Jones]

* Sometimes even federal prosecutors are willing to take pity upon rich old white men: Mel Weiss, formerly of Milberg LLP, won’t be returning to jail after his foray into DUI territory. [Am Law Daily]

* “Chevron can afford to litigate this case ‘until hell freezes over.’ But [Steven] Donziger can’t.” As it turns out, clients who can’t pay their bills are problematic for John Keker of Keker & Van Nest. [Reuters]

* Penn State Law is continuing with its plans to fleece students at two separately accredited sites, because clearly what the world needs right now is MOAR LAW SCHOOLS. [Centre Daily Times]

Legally Blonde is a movie that inspired many a ditzy sorority girl to apply to law school — obviously the appeal of wearing a pink power suit to court was just too great for them to resist. Let’s face it: whether you like it or not, Elle Woods has become an icon of sorts for a generation of women who never realized that they could be smart and pretty at the same time. For that reason (among many others), she was able to make it to the Final Four of our Fictional Lawyer Madness competition.

Is all people see when they look at you blonde hair and big boobs? Then it’s highly likely that you, too, can get into Harvard Law on a whim! What, like it’s hard?

Unfortunately, there are some legal issues that not even women like Elle Woods can talk themselves out of, and we’ve got a potpourri of disorderly conduct allegations for you to feast your eyes upon….

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Melvyn Weiss, founder of the famous (or infamous) plaintiffs’ firm Milberg LLP, and the man who put the “klass” in class action litigation, landed in hot water back in December when cops pulled him over on suspicion of driving under the influence.

The 77-year-old lawyer was still serving out the last couple months of probation stemming from his 2008 guilty plea for paying kickbacks to lead plaintiffs. Now the judge is calling Mel Weiss back into court to figure out what to do about this violation of Weiss’s probation.

But in the meantime, we can get a giggle out of the alleged details of Weiss’s arrest….

double red triangle arrows Continue reading “Mel Weiss Learns You Can’t Say Your ABCs Without D, U, and I”

* “Beware of conservatives bearing gifts.” While there may be a federalism argument to be made in the DOMA case, it’s really about discrimination. It’s too bad some are afraid to stand up and say that. [Opinionator / New York Times]

* Sooo… was Melvyn Weiss, founder of Milberg LLP, really old, really drunk, or really old and drunk when he allegedly recited part of the alphabet as, “H, I, L, M, N, O, P, Q, R, S, T, U, V, W, S, X, U, V, W, S, I, C”? [Am Law Daily]

* “Can’t fire me, I quit” moments are much better when they involve partners. Ogletree’s ex-VP was asked to leave over a dispute with another lawyer, so he resigned. [Thomson Reuters News & Insight]

* The U. of Arizona is thinking about lowering tuition by 11% for in-state students and 8% for out-of-state students. On behalf of your indebted students, MOAR doing and less thinking. [Arizona Republic]

* The only thing that’s worse than allegations of insider trading is having your ex-wife’s post-divorce suit reinstated. This is really the last thing Steve Cohen needs right now. [DealBook / New York Times]

* Earlier this week, Governor Chris Christie banned minors from using tanning beds without parental consent. Fare thee well, GTL. Young Jersey Shore wannabes must be weeping. [Clarion Ledger]

Thomas Edwards

Under the American criminal justice system all individuals are presumed innocent until proven guilty.

Thomas L. Edwards, a Florida lawyer who handles DUI defense, offering comment on his recent legal wranglings. Edwards was criminally charged this weekend in an alleged drunken hit-and-run accident, and a banner ad for his law firm appeared on the same page as his mug shot.

Personally, I think it would be more dangerous for Teresa Wagner to get drunk and file a lawsuit than it is for her to do what she’s charged with doing a couple of days ago.

Wagner has sued Iowa Law School for First and Fourteenth Amendment violations. We’ve talked about her because she argues that Iowa Law didn’t hire her as a faculty member because of her conservative views.

Iowa Law claims that she wasn’t hired because she wasn’t qualified.

Iowa City Police allege that she wasn’t very conservative when it came to drinking and then driving a few blocks from her home….

double red triangle arrows Continue reading “Conservative Law Professor Who Sued School Busted For Drinking And Idling”

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