J. Robert Mortland III, Esq. - San Jose DUI Lawyer

Brand New DUI Story

2012-05-24T17:02:00.000-07:00

Many of my readers know me on a more personal level and know that one of my loves in life is music. I tend to listen to more punk rock and indie music and many of the bands write about social issues. I wanted to share a video from the band Brand New which is actually just the lead singer, Jesse Lacey, telling a true story about a DUI which inspired the song Limousine. The story is about a DUI driver and the death of a girl...

Click here- Check this out the DUI story

US Govt Gives Marijuana to Old Lady

2012-05-23T19:21:00.000-07:00

In Eugene Oregon a state trooper pulled over a passenger and found marijuana. This did not surprise anyone, not even the troopers. However, the shocking news was when the 72 year old woman stated that she was not guilty of anything because the weed was completely legal and was given to her by the United States Federal Government.

The trooper was intrigued and decided to look into what was being said. He completed a series of phone calls along with his supervisor to the US Government. They discovered that the lady was telling the truth. More specifically they found that the United States Government grows and provides marijuana to a select few people in the U.S.

In addition to the marijuana that the Government grew for the 72 year old lady above, the US has bee providing marijuana as part of a program stemming from a 1976 court settlement which created the country's first medicinal marijuana patient. The program, at one time, provided 14 patients with marijuana but they are down to 4 patients as of now.

With the war on drugs and the increased pressure on medical marijuana establishments in San Jose and the Bay Area is a glaring contradiction to what the US government is doing themselves. However, Government officials counter by stating that the program is no longer accepting any new patients to the program because authorities concluded that there was no scientific value to the program, Steven Gust of the U.S. National Institute on Drug Abuse explained to The Associated Press. The US government has only continued to supply the marijuana "for compassionate reasons," Gust said.

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San Francisco Spike in Cell Phone Tickets

2012-05-15T16:31:00.002-07:00

The San Francisco Chronicle reported on their website (SFGATE.com) some interesting statistics concerning traffic tickets issued in the bay area as well as issued in all of California. This information always catches my attention, being a California traffic ticket attorney. The newspaper reported that California Highway Patrol officials issued about 30,000 tickets for people using their cell phones or other electronic devices while driving. (A violation of California Vehicle Code section 23123.) Now those 30,000 people are facing tickets that come out to around $190 depending on the county you are in. The fees can vary slightly from Alameda County to Santa Calra County, and even up to San Francisco.

The CHP issued a statement regarding the tickets where Sgt. Diana McDermott (CHP Spokeswoman) stated that the tickets were issued in the month of April during part of a campaign to stop distracted drivers. (I wrote an earlier blog called “Distracted Driving” but I think wordpress deleted it somehow but you can google it and find it on one of my other blog sites.)

Of the 30,000 tickets issued last month for cell phone violations, about 5,900 were handed out to San Francisco Bay area drivers.

Officials want to remind drivers that it is illegal in California to use a cell phone while operating a motor vehicle, unless the phone is being used in hands-free mode, or during an emergency. Texting or reading a message on a cell phone or using an electronic device to communicate while driving is also prohibited. Further, these laws will be looking at stiffer penalties in the years to come. It is a good idea to learn how to stop using these things just like everyone learned how to wear a helmet and buckle up.

Stop Hate

2012-05-04T16:42:00.003-07:00

Hate crimes are possibly the most upsetting to me because there is absolutely no reason why they should ever transpire. I am a very open minded person and I believe that we should live and let live. Life is precious and it is senseless to attack others for something that they cannot change.

Last weekend a transgendered woman was shot and killed for nothing more than her gender identity. It has not yet been confirmed that the crime was a hate crime but friends of the woman are certain that this is the motive behind the shooting of 37 year old Hayward resident Brandy Martell (Milton Massey Jr.) The 37 year old victim from Hayward was shot while sitting in her parked car at the intersection of 13th and Franklin streets at around 5 am on Sunday, as stated by Oakland Police.

The Alameda County medical examiner identified the victim as Milton Massey however, Tiffany Woods, a co-worker of the victim, explained that Massey identified herself as a woman and went by the name of Brandy Martell. Before the shooting, Martell was with three other transgender women in the same area, which is a common gathering place for transgender women who feel unwelcome at other establishments in the East Bay.

Tiffany Woods stated that witnesses had told her that Martell and the others were approached around 3 in the morning by two men who tried to lure them to another location. Martell and her friends talked to the men for a short while and then explained that they were transgendered. Once they explained their gender identity, the man left without further conversation.

The men are alleged to have returned, shot Brandy Martell, and left the scene. Oakland Police responded to the scene and found Martell dead in her vehicle. No one else was injured and no arrests have been made yet. The police have not yet classified this case as a hate crime but they are looking into it.

The reason I write this post is to further shed light on hate crimes in hope that they will stop. Bringing the issues to light can help with our awareness of the problem and allow us to move forward as a more accepting society. However, until these problems are exposed, there will be no progress. It is absolutely devastating that a life was lost and I hope that as a society we can learn from this tragedy and move forward.

Mayday Mayday! Occupy SF Does Something Stupid... Again...

2012-05-01T12:30:00.000-07:00

Today is May 1, 2012. The first of May is also commonly known as Mayday due to US history. This morning the Mission District in San Francisco woke up to broken glass, vandalized cars, and much more destruction that included a the Mission Police Station. This is the kind of behavior that makes the Occupy movement look like ignorant thugs. The fact that they targeted vehicles and small businesses in the mission only distorts their political message and mounts hardworking 99%ers against them. The cars that were vandalized belonged to hardworking middle class San Franciscans, not the 1% which the Occupy movement claims to target.

The vandals were in a small group that marched from Dolores Park just before 10 in the evening on Monday April 30, 2012. The vandals were said to have just left a rally which was in place to discuss what would happen on mayday. Police said that the vandals traveled down 18th Street and onto Valencia Street while wearing black masks and all black clothing. As they marched, the masked protesters smashed windows with crowbars, tore down signs, threw paint on buildings, and spray painted anarchy symbols on the hoods of several parked cars along the way.

"All I heard was, 'bang, bang, bang,' and some dude had the valet sign, trying to break our window," said Adam Koskoff, a manager at Locanda restaurant on Valencia Street. "I didn't even see the crowd, and I ran outside and got egged."

The idiots threw paint, eggs, and rocks. They smashed windows at more than 30 businesses; which included Tartine Bakery at 18th and Guerrero streets as well as a clothing store Weston Wear on Valencia Street. In addition, both luxury and everyday vehicles along Valencia were damaged with crowbars, spray paint, rocks, and eggs. Most notably, an Aston Martin had its windshield shattered, and brown spray paint covered the hood.

The small group of vandals even attacked the Mission Police Station at 17th street and Valencia. More specifically, Pink and yellow paint marred the barricaded and pellet guns cracked glass doors of the station. "It was like the station was under siege," said an officer, who asked not to be named at this time. Mission station Capt. Robert Moser said the vandalism had "unfolded quickly," and that someone had taken a hammer object to the front station doors.

After all was said and done, one lonely person was arrested on suspicion of a vehicle code violation and resisting arrest. However, he was cited and released. Many business owners said that given the extent of the destruction, more vandals should have been arrested and asked to pay restitution for the damage.

J.H. Kostelni of Farina restaurant on 18th Street said he had seen police cars at the front and the back of a group of about 30 people who threw paint and eggs at his windows and overturned his outdoor tables. "It looked like police were escorting them," Kostelni said. "They didn't stop them." When the police were asked about the criticism of their lack of control, Capt. Moser stated that "We wanted to ensure we had enough personnel for public safety and for the safety of our officers."

About 15 officers in full riot gear stood in front of the Mission police station Monday night, as other officers moved up and down the street, documenting the damage, leaving cards on defaced cars and speaking to business owners about the damage.

Jeremy Tooker, the owner of Four Barrel Coffee Company, was wiping paint off his store's windows as broken glass crunched beneath pedestrians' feet. He said a good friend had alerted him of the damage to his store after stopping a protester from smashing the glass storefront with a crowbar while taking a hit to his arm. "This just seems like they're frustrated with their impotency at this point," Jeremy Tooker said. "It's like, 'Look at me, I'm still here, I'm still occupying."

It is important to note that, although the march sprang from a rally for an Occupy protest, other Occupy movement protesters shunned its participants as outliers. Many business owners, however, said Occupy bore responsibility for the damage to their companies. "Occupy is saying it's not them, but we wouldn't be here if it wasn't for Occupy, now would we?" Michelle Horneff Cohen, a real estate broker, said as she shivered next to the broken window of her workplace. She went on to explain that she had been dragged out of bed to deal with the destruction. Although her company has insurance, she said, it will have to pay for much of the cost of repairs. "I think it's bulls--," Horneff-Cohen said. "We are the 99 percent, and this is bulls--."

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California Abolish Death Peanlty- Up to Voters

2012-04-27T15:58:00.000-07:00

Should we abolish the death penalty? Personally, I have major issues with the death penalty. However, I would like to take an attempt to look at capital punishment in an economic light instead of bringing morality into the equasion. As of today, more than 100 nations and, after Wednesday this week, 17 states have abandoned the death penalty as an unworkable legal struggle. On Monday, the California Secretary of State declared that an initiative that would replace California’s death penalty with life imprisonment (LWOP) qualified for the November ballot. Since the issue is on the ballot for California voters, it begs the question if California will be the 18th state to abolish capital punishment in favor of life imprisonment without the possibility of parole? We do not have to answer this question right now; all Californians will get to answer this question in November.

A University of California professor at UC Berkeley School of Law, Franklin E. Zimring, writes that no state or nation ended state execution because of a popular vote, and predicts the initiative will ultimately fail. Since no state or nation has ended execution due to a vote, Zimring stated that only when political leaders take up the cause to end a policy that both opponents and proponents agree is not working, will California end its 34-year death penalty. I find it interesting that no state has ever ended execution through a vote but I also understand that the past does not dictate what will happen in the present. I hope that the California voters will see how much money is wasted on capital punishment and will vote to end such scrupulous spending given our current economic state.

In the state of California, there are now 720 condemned convicts on Death Row, this number far exceeds any other state in history. However, the state has only executed only 13 since the death penalty was re-instated in 1978. The policy has cost the state upwards of $4 billion dollars as convictions are prosecuted and mandatory appeals are granted. California’s last execution was 76-year-old Clarence Ray Allen, who was killed by lethal injection in 2006. A federal court judge declared a moratorium on executions in California in 2006 after questions were raised concerning the lethal injection process. The moratorium is expected to extend until 2013.

The reason for instating the death penalty in California is attributed to the rising homicide rate in the state proceeding adoption of the death penalty. Homicides, which have averaged about 2,400 a year for the past three decades, are now at 50-year lows, as is violent crime in general. In 2010, California reported 1,809 homicides, which is 4.9 per 100,000 residents. The reasons for the rate dropping can be debated.

Advances in DNA testing has revealed that many death row inmates were not guilty of the crime for which they were convicted. With the element of doubt interjected into the process, public opinion on the death penalty has shifted. A poll last year saw a rise in voters who favored life without the possibility of patrol over the death penalty given the recent exonerations and the cost of prosecuting death penalty cases.

If you get caught stealing a bible, you may need an attorney. Contact my office today and we can help get your charges down to a minimum. I have been very successful in getting misdemeanor petty theft charges down to infractions pursuant to penal code section 490.1. Give us a call and we can start building a defense for your case.

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Trayvon Martin Homicide Charges

2012-04-11T15:48:00.000-07:00

Looks like the media attention that this case gained has ended with charges being brought. The Neighborhood watch volunteer George Zimmerman has been arrested and is now facing second-degree murder felony charges in the shooting of 17 year old Trayvon Martin. This news was relayed by a law enforcement official to The Associated Press Wednesday (April 11, 2012) afternoon.

The official with knowledge of the case stated that the charge against mr. George Zimmerman will be announced at a news conference by the special prosecutor assigned, Angela Corey, at 6 pm tonight Wednesday April 11, 2012. The official state that the 28 year old defendant from Sanford is in custody in Florida but they have not stated exactly where to prevent any issues.

Just a short bit of news. The media will surely play this story over and over. The rest is me promoting myself- ignore it unless you need a lawyer too.

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San Mateo DUI/ DWI and expungement Attorney Bob Mortland is a solo practitioner attorney in the Peninsula. Mr. Mortland is a San Mateo DUI, San Mateo Traffic ticket, San Mateo Expungement, Redwood City DUI, Redwood City Traffic Ticket, Redwood City Expungement, San Carlos DUI, San Carlos Expungement, San Carlos Traffic Ticket, Menlo Park DUI, Menlo Park Traffic Ticket, Menlo Park Expungement, Peninsula DUI, Peninsula Expungement, Peninsula Traffic Ticket, Foster City DUI, Foster City Traffic Ticket, Foster City Expungement, Criminal defense Lawyer, Criminal Attorney. http://www.sanmateoduilegal.com/ Palo Alto DUI lawyer

Heroin Show and Tell = Arrest.

2012-04-10T12:23:00.001-07:00

Police in Bridgeport Connecticut have made an arrest after a 5-year-old boy brought around 50 packets of black tar heroin to school for show and tell. The police have arrested his stepfather for the show and tell spectacle.

The young boy went to his kindergarten class on Monday with his stepfather's jacket and pulled out the 10 small baggies of drugs just before he was going to present for show and tell. The child’s teacher grabbed the bags away from the 5 year old boy, and the principal called local police.

The boy's stepfather, 35 year old Santos Roman, was placed under arrest after arriving at his stepson’s elementary school. Mr. Roman came to the school to pick up his stepson. He saw his jacked in an empty classroom and he grabbed it and tried to run out of the school, as reported by police spokesman Keith Bryant. He said police, who had already seized the drugs, then took Mr. Roman into custody. Mr. Roman was being held on $100,000 bail on charges of risk of injury to a minor and drug charges. The police are not sure yet if he has a lawyer yet. Police also stated that the drugs at show and tell had a street value of around $500.

The boy was put in state custody until other relatives could be located.

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Urinate on Chairs, Get Arrested...

2012-04-05T10:50:00.003-07:00

This article made me laugh at the absurdity from the Associated Press from West Des Moines, Iowa:

An IT (information technology) employee was accused of urinating on a colleagues’ office chair in Iowa. The accused has since turned himself in to the police for his actions. 59 year old Raymond Foley surrendered to the local police on Saturday this week.

The Des Moined Register is reporting that Mr. Foley is possibly facing a charge of second degree criminal mischief. In California, he would likely be facing a charge for misdemeanor vandalism. Mr. Foley was contacted by the Associated Press on Tuesday but he did not comment on the exact specifics. Mr. Foley only stated that he no longer works at the Farm Bureau office in West Des Moines, Iowa.

Police have reported that some co-workers complained of stains on office chairs. After the complaints were heard, the camera surveillance footage of the area was located and Mr. Foley was caught in the act on camera. Police went on to report that Mr. Foley would look up employee photos in the agency computer database and would then go into the office during closed hours and urinate on their office chairs. The total chair damage is estimated around $4,500. That’s a lot of chairs! The moral of the story: don’t urinate on chairs, especially when all of your moves are being videotaped. Mr. Foley is going to have a tough time fighting these charges in court and will likely have a difficult time finding a new job given his history of urinating on chairs.

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Goh No!

2012-04-04T15:23:00.002-07:00

I wanted to stay away from this news story because this blog tends to focus on funny and/or odd criminals. However, this case has been all over the news and is a stark reminder of why mental health is a necessity. My condolences go out to the families and friends of the victims in this event.

A former nursing student was in the courtroom today in Alameda County Superior Court. The former student, 43 year old One Goh, was formally charged with seven counts of murder and three counts of attempted murder. He was charged in a complaint filed by Alameda County District Attorney Nancy O'Malley. These charges stem from an incident that took place on Monday this week at Oikos University in Oakland, CA. Mr. Goh is alleged to have gone to the school, where he was no longer a student, and opened fire in a heartless manner. Seven people were found dead and three others were wounded during the attack at Oikos University.

In addition to the numerous homicide counts that Mr. Goh is facing, he is also being charged with special circumstances of robbery, carjacking, kidnapping, as well as multiple murder in addition to gun enhancements which caused great bodily injury. Goh is said to have briefly kidnapped Kathleen Ping, a 24 year old Oikos employee from Oakland who was later found dead. In addition, Mr. Goh is alleged to have carjacked another student’s vehicle, 38 year old Tshering Bhutia of San Francisco, who was killed in the Oikos University parking lot.

At 2:00 pm today Mr. Goh was arraigned, under a heavy security detail, and he is now being held without bail at Santa Rita Jail in Alameda County, CA. Mr. Goh is possibly subject to the death penalty, or life without the possibility of parole if Mr. Goh loses his case at jury trial.

Police are investigating every aspect of this case and few details have come out at this point. Police have stated that Mr. Goh spent weeks planning to kill an administrator or other classmates at Oikos who had angered him in the past. Further, police have learned that Mr. Goh was a student studying nursing but he left the school a few months ago. In fact, one of the administrators recalls a conversation with Mr. Goh concerning a refund of tuition and this administrator believes that she was the target in this attack. Oakland Police Chief Howard Jordan said Goh has largely cooperated with investigators, offering details of his killing plan but little remorse for having allegedly carried it out.

One of the instructors at the University, Romie Delariman, stated that Mr. Goh was an eager student but was paranoid, mentally unstable and consumed by an inability to get along with women at a college where women made up the majority of the nursing faculty and student body.

After the brutal attack, Mr. Goh went to Alameda, CA. Police are not sure why he went to Alameda, as it is an island with only 2 ways in and out, but they presume that he went there to ditch the gun in the water surrounding the naval island. He wound up at a Safeway store in Alameda, where he allegedly told employees at the customer service desk, "I just shot some people." At this point, divers have been searching systematically for the murder weapon but one has not yet been located.

This story shocks me and I am sure it shocks many others out there. Every time I hear about a school shooting, it upsets me and sends chills up my spine as I remember the scenes on the tv from the school shootings at Columbine. The factor in every single one of these cases is a mental instability. In the instant case, Mr. Goh had mental issues and this was evident from his actions towards the administrators and his bully attitude. The strange thing about this case is how old Mr. Goh is- 43. Most school shootings are young adults or teenagers that do not have a strong mental grasp yet. I understand that what Mr. Goh did was wrong and absolutely hate these actions. However, I still believe that Mr. Goh has the right to the best defense he can get and I would gladly represent Mr. Goh. If you have been charged with a crime, need an expungement, a dui, or even have an infraction (traffic ticket, dog without a leash, noise complaint, give my office a call at (510)463-1643. Our rates are low due to the low overhead and we will fight your case! Visit our blog for more info at http://www.bobmortland.com

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No Ticket for Batman!

2012-04-02T15:30:00.002-07:00

The police in Maryland made an enforcement stop of a black Lamborghini. Police pulled over the Lamborghini in Silver Spring outside of Washington DC. The driver was dressed as a superhero- the Dark Knight to be exact with a cape, mask, and all the necessary items to pretend that you are batman. Police were not amused and wanted to question him about his license place which was a batman logo. Police knew that the plate is not approved in Maryland, only in Gotham.

[caption id="attachment_300" align="aligncenter" width="300" caption="San Jose DUI"][/caption] The driver, a man named Lenny B Robinson, dresses like a superhero and visits sick children at hospitals. Mr. Robinson was able to show the police a proper plate for the car. Further, a video of the enforcement stop shows police officers shaking Mr. Robinsons hand and taking photos of batman and his ride. In the end, batman was not ticketed and will be able to go back to fighting crime.

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Puppies are not a Weapon

2012-03-29T14:20:00.000-07:00

A domestic dispute between a woman and her boyfriend was occurring on Thursday this week in Anoka County Minnesota. The boyfriend, 25 year old David Peter Remme, allegedly broke the woman’s nose. The woman, 20 year old Gabrielle Tywon Allen, reacted by throwing a puppy at Mr. Remme. The Spring Lake Park woman was jailed Thursday after throwing three 1 week old pit bulls at her boyfriend. This information was relayed by local police to the St. Paul Pioneer Press.

The man was also arrested on suspicion of third degree assault charges. Ms. Allen was held on possible charges of animal cruelty. Both the man and woman were in the Anoka County Jail on Thursday for court.

The police stated that the two were arguing in a parking lot outside of an apartment building early on Thursday. Allen is reported to allegedly have thrown three of the newborn puppies, which were huddled on the front seat of a pickup truck, at Mr. Remme after he punched her in the face. The puppies landed on the concrete and appeared to be in good health.

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What Would You do to Skip Jury Duty?

2012-03-27T15:37:00.001-07:00

I am a trial attorney and have had the wonder of interacting with a jury many times now. During jury selection (voir dire), the goal is to get rid of any jurors that are not going to help my client. During that process, many other prospective jurors attempt to get kicked off the jury as well. People do all kinds of strange things to get kicked off a jury panel.

In Denver, a woman was kicked off a jury. However, she is now facing perjury charges because she was kicked off the jury. This woman, Susan Cole, was dismissed from jury service when she showed up for jury selection with hair curlers on, wearing mismatched shoes, reindeer socks, and looked completely disheveled. She wore offbeat clothes and pretended to be mentally ill in order to get kicked off jury duty.

This is where she went wrong: Ms. Cole called a local talk show and admitted that she did this intentionally. Ms. Cole called into KOA’s Dave Logan show stating that she was emotionally upset that morning and had “too much on my platter” to serve on a jury. The judge during jury selection was listening to this local talk show and remembered Ms. Cole.

The judge looked up a transcript of jury selection and determined that Ms. Cole was dismissed after telling the court that she suffered from post traumatic stress disorder (PTSD) and that she "get very confused in the morning when I try to get ready." The court reporter described Ms. Cole as "her makeup looked like something you would wear during a theater performance," Kelli Wessels, the court reporter during jury selection said in a statement to investigators concerning this matter. "When the judge asked the entire panel if anyone had a mental illness, (Cole) stated she had difficulties getting ready in the morning, which was apparent to me by the way she was dressed."

Unfortunately for Ms. Cole, she did not get away with pretending to be mentally ill to get out of jury selection. The judge who presided over jury selection remembered the entire incident and turned Ms. Cole in.

In a recorded interview with news station KUSA-TV, Ms. Cole admits she "deliberately dressed in a disheveled and uncoordinated fashion" to get out of jury duty. "I am embarrassed I did it," she admits. "I didn't mean to harm the judge. I really felt bad she interpreted this." Now Ms. Cole is going to be facing the judge as a defendant, not as a law abiding prospective juror.

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Facebook is not a Crime

2012-03-27T09:49:00.000-07:00

Facebook is everywhere. Even in domestic disputes, Facebook can become an issue. In Florida, a wife did not want to go to bed and let her husband use Facebook without her around. She refused to go to bed to let him lurk the inter-webs of Facebook. The 57 year old man, Doyle Hardwick, then called emergency services at 911 because his wife wouldn’t let him look at Facebook alone. However, his wife was not breaking any laws whereas he was. Mr. Hardwick was arrested on a charge of “misuse of 911.” Mr. Hardwick is now facing 60 days of county jail time for his phone call.

When his wife refused to go to bed and let him browse Facebook alone, a Florida man called 911. Unfortunately it turns out neither Facebook snooping nor spousal annoyances qualify as actual crimes, so the man was arrested on a charge of "misuse of 911." He now faces 60 days of jail time.

A local area newspaper, The Tampa Bay Times, reported that Doyle Hardwick initially asked his wife not to sit next to him while he looked at Facebook but she "told him she didn't feel like sitting anywhere else." Mr. Hardwick was not convinced and instead he "plied his wife with beer, hoping she would go to bed." After right beers, she still didn't feel like going to sleep.

According to the local paper, a police report was written which explains that Hardwick told his wife "if she didn't quit sitting next to him and go to bed, he was going to call 911 and the police were going to make her." She responded by telling him that he shouldn't do that, but he did anyway.

This incident is sadly not the first time Hardwick has been arrested for misuse of 911. In 2010, he repeatedly called 911 and asked to speak to someone "regarding neighbors defecating into old vehicle fuel tanks for the past three weeks." Strange.

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Bobby Brown Busted Boozing

2012-03-26T15:39:00.003-07:00

Singer and extraordinary reality tv show personality Bobby Brown got caught for driving under the influence. Today, the California Highway Patrol stopped Bobby Brown for his failure to use hands free device when talking on his cell phone. Officer Mike Harris made an enforcement stop of Bobby Brown’s vehicle at 12:20 this afternoon (Monday March 26, 2012) near the corner of Victory Blvd. at Wilbur Ave. in the San Fernando Valley.

Officer Harris approached Bobby Brown to issue a ticket but ended up asking him to complete a series of field sobriety tests. Officials allege that Bobby Brown failed every single field sobriety test and even blew above a .08 on the preliminary alcohol screening device. In fact, officials have stated that the blood alcohol level was at or near .12. This level is not incredibly high but is nowhere near the legal limit and is tough to combat a DUI charge.

The arrest of Bobby Brown comes a mere four days after the Los Angeles County Coroner released the results for the autopsy of Bobby Brown’s ex-wife, Whitney Houston. In the report, the coroner states that she appears to have cocaine in her system in the time period just immediately prior to her collapse in the bathtub at the hotel. This was stated by Los Angeles County Chief Coroner Craig Harvey. It appears that Whitney Houston, at age 48, was determined to have accidentally drowned due to a heart episode triggered by cocaine. The report went on to state that the findings “suggested chronic usage” of the drug cocaine.

Bobby Brown and Whitney Houston were married 14 years and they had their share of issues due to drug abuse as well as Bobby Brown running in with the law. Further, their relationship had allegations of domestic violence and was all on display on the reality television show "Being Bobby Brown." It appears that Bobby Brown could have been drinking heavily following the public announcement from the coroner’s office concerning his ex wife. However, this is not the first time that Bobby Brown has been in trouble with the law and it could be just a coincidence that he was arrested today for a DUI.

Are you like Bobby Brown? Do you need a DUI Lawyer? Expungement? Misdemeanor? Traffic ticket?

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Bouncer not Ashtray

2012-03-26T15:08:00.000-07:00

I am amazed by some of the news reported. One of those stories is how Mr. Matthew Salvatore Emerson learned that a bouncer’s face is not an ashtray. This lesson was learned the hard way for Mr. Emerson. Bouncers' faces are not ashtrays, you guys.

I make it sound absurd but Mr. Emerson, a 22 year old, is facing felony assault charges for attempting to put his cigarette butt out on the face of a bouncer. This incident is alleged to have taken place on March 20, 2012. Emerson was at a local pub called The Saloon in downtown Minneapolis. Mr. Emerson putt a cigarette butt out on the bouncer’s face and also bit the bouncer three times on his hands as well as his forearm.

Police were called to this incident to place Mr. Emerson under arrest for assault and probably drunk in public/ public intoxication charges. Police stated that the bouncer lost “a substantial amount of blood.” Mr. Emerson was placed in custody at the main jail. If he is convicted on these charges, Mr. Emerson could be facing as many as 5 years in prison as well as a $10,000 fine.

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Let's go Jogging... With a Cat?

2012-03-26T12:05:00.000-07:00

This story was just too crazy to not share. As many of you know, I am a fan of animals and have had my fair share of pet cats, dogs, guinea pigs, and even a duck. I have never attempted to take one of my cats on a walk. Cats are stubborn animals and do not do well on a leash unless they are trained very young. Not only is it tough to train a cat to walk on a leash, I think it looks ridiculous. If your cat needs some extra exercise, put him in the back yard or have him chase a laser.

A man in Lafayette Colorado was on a mission to jog with his pet cat. The 19 year old, Seth Franco, brought his cat with him on a leash to a jogging path near Waneka Lake Park in Lafayette. The cat started to jog with Mr. Franco for a tiny bit but ran out of energy and decided to lay down instead. According to a local newspaper in the area, The Boulder Daily Camera, witnesses told local law enforcement that Mr. Franco tied the cat’s leash to a rock as he finished his jog. One of the witnesses called the police to report this unusual activity.

The police arrived and determined that the cat did belong to Mr. Franco. Mr Franco was greeted with a ticket for domestic animal cruel treatment which is a municipal code violation and typically charged as an infraction (similar to a traffic ticket or speeding ticket). The cat was not injured and police were able to release him back to his owner.

As a cat owner, I have always wondered who would go jogging with their cat. Who in the right mind would even attempt to put their cat on a leash and pull it. I understand that some breeds of cat are more receptive to this type of activity. However, it never made sense to me. Do you have a cat? Do you walk your cat? Do you think Mr. Franco deserved a ticket? Should he have received a worse punishment?

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Cyclist Guilty of Homicide in San Francisco

2012-03-13T12:30:00.002-07:00

In San Francisco Superior Court at the hall of justice, a 23 year old bicyclist entered a plea of guilty on Monday to a misdemeanor violation of vehicular manslaughter. The cyclist was accused of running a red light and striking and killing a pedestrian along the Embarcadero at San Francisco's waterfront.

The defendant, Randolph Ang, was sentenced by a San Francisco Superior Court Judge to three years' probation and 500 hours of community service as part of a plea bargain made with the SF district attorney's office. This plea bargain was agreed to by the family of the woman he struck and killed. In addition, Ang was also ordered to pay the family $15,375 in restitution costs.

The facts of the incident were that Ang was riding north on the Embarcadero on the San Francisco waterfront at around 8:30 in the morning on July 15 when he hit Cherney, a 68 year old woman, who was crossing Mission Street with her husband. Cherney was visiting from Washington, D.C. and was pronounced dead at the hospital due to head injuries at a San Francisco hospital Aug. 11.

Mrs. Cherney’s husband, Colburn Cherney, gave a statement in criminal court through district attorney Sarah Hawkins, describing his wife as a fearless mother and grandmother with an incredible zest for life. The District Attorney read a statement from Mr. Cherney stating: "We had 20 wonderful years of marriage, but we expected and deserved 20 more years," as Mr. Cherney wept quietly next to her. "My life is ruined. I will never be the same. To this day, not a half hour goes by that I don't think of her."

The Defendant, Ang, had uncontrollable shaking hands before the hearing began. The defendant apologized to the family as the statement was read. "I will forever be in debt to Mr. Cherney and his family," he said. "This is something I will never forget and will weigh on my conscience forever." He added, "I cannot ask for their forgiveness, but I hope they can hear and feel how sorry I am."

This plea agreement was reached after the DA spoke to the victim’s family. The family agreed that they did not want the defendant to spend a year in county jail. The further explained that the jail time will not bring their family member back.

How do you feel about this plea agreement? I think it is great that the court is ordering her to do so many community service hours. I hope that she can use these hours to help educate cyclists in San Francisco that they have the same laws as vehicles. I have seen far too many cyclists breaking law after law and getting away with it. I get so frustrated when I drive and the bicycles swerve in front of you and run lights. I also hate critical mass but I am not a cyclist and I am sure my belief would be different if I were.

The story is over, share your thoughts. Click on the stuff below if you are looking for a lawyer. Don't click if you don't care. For DUI, DWI, Boating Under the Influence, Expungement, Criminal Defense, or any legal issue: LA DUI Fresno DUI Hayward DUI Palo Alto DUI San Mateo DUI Pleasanton DUI South San Francisco DUI San Francisco DUI Walnut Creek DUI Sacramento DUI Oakland DUI San Jose DUI

San Francisco Sheriff Mirkarimi- Step Down Hypocrite

2012-03-12T18:47:00.001-07:00

The San Francisco Sheriff Ross Mirkirimi has been in the media over the past few months after a New Years incident where he allegedly abused his wife. The Sheriff has been drawing out the trial on his misdemeanor charges in San Francisco for a few weeks now. This is the same man that stated that he wanted a fast trial. Today, the San Francisco Sheriff reached a plea bargain deal with the San Francisco District Attorney. Ross Mirkarimi pleaded guilty today to a misdemeanor charge of false imprisonment.

In exchange, San Francisco District Attorney dropped a domestic violence charge and two other misdemeanor counts filed in a complaint against the 50 year old Mirkarimi. Under the plea agreement, Mirkarimi will be sentenced next week to three years' of informal court probation, one year (52 weeks) of anger management counseling, parenting classes, 100 hours of community service, and mandatory fines totaling around $600. The problem: he will be allowed to remain sheriff- at least for now.

I disagree with this plea agreement. As a criminal attorney in the bay area, I have represented many domestic violence defendants. Most of my clients face a strong prosecution by the DA. In fact, in San Francisco, they have a policy that they will get tough on domestic violence cases. The fact that the District Attorney allowed Mirkarimi to plead just before trial to a charge that will not make him lose his job is shocking. I believe that it is ridiculous to have the head Sheriff in a county that is tough on Domestic Violence with a criminal record for Domestic Violence.

This same story is all over the news in the bay area. I won’t waste any more time highlighting the absurdity of this case. Feel free to google his name and I am sure you will find all of the facts related to this story. I simply wanted to express my feelings- Ross Mirkarimi should step down from being Sheriff as he is no longer a role model. In fact, to serve the county, he is a hypocrite. His apology was also pretty pathetic- take responsibility for your actions!

Any thoughts? Am I being too harsh on the Sheriff? For DUI, DWI, Boating Under the Influence, Expungement, Criminal Defense, or any legal issue: LA DUI Fresno DUI Hayward DUI Palo Alto DUI San Mateo DUI Pleasanton DUI South San Francisco DUI San Francisco DUI Walnut Creek DUI Sacramento DUI Oakland DUI San Jose DUI

Pacifica Police Shoot Pit Bull

2012-03-08T14:33:00.001-08:00

I was looking at the news today and I see the same stories: Mirkirimi (domestic violence sheriff) turns the courtroom into a television drama, Mitt Romney has too much money, and there is a new iPad coming to shelves. I did not want to write about any of that. Instead, I wanted to look at a story in the quiet city of Pacifica in the bay area. This story involved dogs, police, and gunshots.

The Pacifica Police Department was forced to shoot and kill a pit bull dog Tuesday morning. At 9:15 AM on Tuesday morning, the Pacifica Police responded to a home on Adobe Drive after the resident called the police to report that her corgi was being attacked by a pit bull. The pit bull is alleged to have entered the home through an open front door and immediately attacked the smaller corgi.

The first Pacifica Police Officer on the scene saw the woman resident attempting to fend off the pit bull as the pit bull chased the corgi into another room in the residence. The pit bull then pinned the corgi down and bit it on the throat. The pit bull saw the officers approaching and stopped biting the corgi. Instead, the pit bull started to lunge at the officer. The officer immediately took out his department issued pistol and fired one round into the pit bulls chest, stopping him in his tracks.

The Pacifica Police Department conducted some further investigation into the matter and determined that the pit bull as well as a loose husky dog belonged to a neighbor. Authorities have stated that this incident is under further investigation to determine if any criminal charges will be brought against the owner of the pit bull.

The good part of this story is that the corgi is still alive and was treated for its injuries at a local Pacifica animal hospital. I like happy endings and knowing that the corgi is still alive with his stubby legs walking around.

I have read stories in the paper and heard the same story from the people involved. Often times, the story in the paper is skewed and leaves out facts. In this case, it appears that what the story is saying is true because I have no indications otherwise. However, how do you feel about this case? Was the shooting of the dog justified? Do you know something that was not reported? As a Bay Area criminal attorney, I often find myself questioning everything.

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Red Light Tickets Tougher to Fight

2012-03-07T07:42:00.000-08:00

http://bobmortland.com/2012/03/07/red-light-tickets-just-got-harder-to-fight/

Appellate Court Upholds Conviction in Red Light Camera Case

As a traffic ticket and DUI attorney, I see many red light tickets that are based on evidence from a camera. These cases are bothersome due to the lack of a witness to confront and cross examine. Further, testimony on the reliability and accuracy of computer hardware or software that make up an red light camera system is now not required as a foundation to admission of evidence generated by the computer, as stated by the Court of Appeal.

Division Three of the Court of Appeals affirmed the red light ticket via camera conviction of Carmen Goldsmith. The Court rejected her claim that computer generated photos and a grainy video of her allegedly running a red light were improperly admitted at her traffic bench trial in Inglewood, California. The opinion was filed on Tuesday of this week and certified for publication.

An investigator for the Inglewood Police Department testified at Goldsmith’s red light traffic trial that he inspected the traffic signal at the intersection of Centinela Avenue and Beach Avenue on a monthly basis and that the average yellow light interval in February and March 2009 was slightly more than 4 seconds. These minimum light intervals were established by The California Highway Patrol at 3.9 seconds for a 40 mile per hour highway.

The investigator explained that the city of Inglewood’s automated traffic red light system, operated by the Inglewood Police Department but maintained by for profit company Redflex Traffic Systems, generates three digital photographs and a 12 second video when sensors indicate that a car is in the intersection while the light is red or has turned red.

In every case, one photograph in the sequence will show the car behind the limit line, a second will show the vehicle in the middle of the intersection, and the third will show a grainy photo of the back license plate. The system stores information on the harddrive of a computer at the scene, and Redflex has the ability to retrieve the information online. A police office then reviews the photos before a citation is printed and mailed to the alleged red light violator.

In Goldsmith’s traffic bench trial case, the data on the photos indicated that the light had been red for 0.27 seconds before Goldsmith entered the intersection and that she was still in the red-lighted intersection at 0.66 seconds later.

The LA Superior Court found her guilty of running a red light and fined her $436. The Los Angeles Superior Court Appellate Division affirmed this decision, holding that the investigator’s testimony established an adequate foundation, that the accuracy of evidence generated by the data system was presumed, and that the defendant failed to rebut the presumption.

In making this decision, the panel rejected the holding of well settled precedent of People v. Khaled (2010) 186 Cal.App.4th Supp. 1.

Khaled threw out a red-light camera conviction, agreeing that the police officer’s testimony lacked foundation because the office did not have “the necessary knowledge of underlying workings, maintenance, or recordkeeping of [the] Redflex Traffic System.” This Courts even kept with precedent recently by following Khaledin People v. Borzakian, B227948, which was filed on Jan. 23 and certified for publication on Feb. 10.

Justice Patti Kitching, writing for Division Three, said Superior Court traffic Commissioner John Johnson did not abuse his discretion in admitting the computer generated photograph evidence.

The justice cited California Evidence Code Sections 1552(a) and 1553, establishing the presumption that printed representations of computer information and of images stored on a video or digital medium are accurate representations of the computer information and images that they purport to represent.

There was no need, however, to establish the accuracy and reliability of the data in the computer itself, as opposed to that of the visual representations of the data, Kitching wrote. The photos and video were not hearsay, and the data printed on the photographs by the computer was not hearsay, the justice added, so it was not necessary to establish a hearsay exception in order to admit the photograph evidence.

Borzakian, Kitching concluded, was erroneously decided because the court did not cite earlier cases holding that testimony regarding the reliability of computer records is not a prerequisite to their admission.

The case is People v. Goldsmith, B231678 and this case hurts traffic ticket attorneys such as myself. This case essentially allows all evidence from the red light cameras in no matter what and creates a difficult cross examination on the reliability of the actual evidence.

Visit our Blog

2012-02-23T20:07:00.002-08:00

Visit our Blog at http://www.BobMortland.com or click this link for our blog. We post fun, interesting, and informative stuff several days every month.

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