Wednesday, April 16, 2008
Florida DUI Checkpoint Alert
Florida DUI Lawyer notes that the Manatee County Sheriff's Office and other agencies will be conducting a DUI checkpoint this weekend on a major roadway in southern Manatee County. The checkpoint will be in effect from 10:30 p.m. Friday to 4 a.m. Saturday. Assisting the sheriff's office with the checkpoint will be the Florida Highway Patrol; and the Bradenton, Bradenton Beach, Holmes Beach, Longboat Key and Palmetto police departments. Curiously, also assisting will be the Manasota Chapter of M.A.D.D. Mothers Against Drunk Driving and the Salvation Army.
Since neither of the last two are law enforcement, Florida DUI Lawyer wonders why they are involved in arresting citizens.
Manatee Florida DUI Lawyer
Since neither of the last two are law enforcement, Florida DUI Lawyer wonders why they are involved in arresting citizens.
Manatee Florida DUI Lawyer
Labels: dui checkpoint, dui florida attorney, DUI Florida Attorney Lawyer, dui florida lawyer, Manatee DUI Attorney, Manatee DUI Lawyer
DUI Cannot Be Used to Enhance Federal Sentence
Florida DUI lawyer reports that a lengthy federal sentence was overturned. The Act 18 U. S. C. section 924(e)(1), defined ''violent felony'' as, a crime punishable by more than one year's imprisonment that ''is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.'' section 924(e)(2)(B)(ii) (clause (ii)). After petitioner pleaded guilty to felony possession of a firearm, his presentence report revealed he had 12 New Mexico convictions for driving under the influence of alcohol(DUI). He received an harsh enhanced sentence.
The United States Supreme Court Held: New Mexico's felony DUI crime falls outside the scope of the Act's clause (ii) ''violent felony'' definition. Even assuming that DUI involves conduct that ''presents a serious potential risk of physical injury to another'' under clause (ii), the crime falls outside the clause's scope because it is simply too unlike clause (ii)'s example crimes to indicate that Congress intended that provision to cover it.
Florida DUI Attorney Lawyer Hillsborough
The United States Supreme Court Held: New Mexico's felony DUI crime falls outside the scope of the Act's clause (ii) ''violent felony'' definition. Even assuming that DUI involves conduct that ''presents a serious potential risk of physical injury to another'' under clause (ii), the crime falls outside the clause's scope because it is simply too unlike clause (ii)'s example crimes to indicate that Congress intended that provision to cover it.
Florida DUI Attorney Lawyer Hillsborough
Labels: dui florida attorney, DUI Florida Attorney Lawyer, dui florida lawyer, DUI Hillsborough, dui hillsborough attorney, dui hillsborough lawyer, dui lawyer, florida dui attorney, florida dui lawyer
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