Former NY Knick Arrested on Suspicion of DUI

Once again there was an example that criminal law and specifically driving under the influence affects citizens in all walks of life. Former New York Knick,  Iman Shumpert, was arrested over the weekend on charges of DUI. Originally drafted in the first round by the New York Knicks in 2011 and  later traded to the Cleveland Cavaliers in 2015, he was part of the 2016 championship team. Inman was reportedly pulled over for a lane violation. On scene, Fayette County Police found a jar with marijuana in his car. Inman reportedly admitted to smoking but refused a blood test out of fear of being recognized. The Law Offices of Steven J. Pisani specialize in DUI and Traffic Ticket Defense. Steven Pisani has over a decade experience in the field of Criminal Defense. Our office offers competitive pricing and flat rate retainer fees. Contact our Denver office today for a Free Consultation.

Cite: Justin Tasch, New York Daily News, 9/9/2016

Link: http://www.nydailynews.com/sports/basketball/iman-shumpert-arrested-august-suspicion-dui-cavs-article-1.2784629

Potalyzer, a Field Test for Marijuana Being Developed

More than 20 states have legalized Cannabis for medical use. Police will need some way to test those who choose to drive under the influence. Stanford engineers have developed a device to detect micro molecules in a person’s saliva. The technology would also be able to detect Heroin, Cocaine, and Meth. The technology is not in-use yet and still needs to undergo substantial field tests before it can be used in a court of law. The first departments to use the technology will surely face an up-hill legal battle. The Law Offices of Steven J. Pisani specialize in the field of Criminal Defense. Call our Denver office today for a Free Consultation.

Cite: Nicole Lyn Pesce, NY Daily News, 9/8/2016

Link: http://www.nydailynews.com/life-style/health/open-wide-potalyzer-roadside-saliva-test-marijuana-article-1.2783510

Distracted Driving Ban Reintroduced in New Jersey

The bill would fine driver’s up to $800 for doing anything “unrelated to the operation of the vehicle, in a manner that interferes with the safe operation of the vehicle.” The problem is with the vagueness of the law. Where is the line drawn? The way it’s written, a driver would be fined for eating a banana in traffic. The article lists an example of a woman in England who was cited for just that. However, the bill is really aimed at protecting drivers who are the victims of distracted drivers. While the law seems draconian, it will probably only affect those drivers who caused accidents, or who are obviously not paying attention while driving. With any of these broad laws, there is the possibility for abuse. With self driving cars on the horizon, is this measure, however short term, necessary to increase traffic safety?

The Law Offices of Steven J. Pisani specialize in Traffic Ticket and DUI defense. Call our Denver office today for a Free Consultation.

Cite: Vivian Yee, The New York Times, 8/17/2016
Link:

A bill that could fine distracted drivers as much as $800 has led to an outcry among residents for whom driving is more a state of being than an activity.
NYTIMES.COM|BY VIVIAN YEE

Police Can Now Shoot at Moving Car as Last Resort, Aurora Says

This month, Aurora gave its police officers the authority to shoot at a moving vehicle when it poses a danger to the officer or members of the public- a shift from previous police that comes when other departments, including Denver, have moved away from such practices. The actual language in the Aurora Police Department policy changed from “will not” to “should not.” The language also states that officers should not shoot at a moving vehicle unless someone in the vehicle is using threatening deadly force by means other than the vehicle itself. “It really changes nothing,” Police Division Chief Jim Puscian said. Aurora Police have said the law comes with strict scrutiny. That being said, the public has seen the inability of Police Departments to hold themselves accountable. What the change in policy did was gave Police Officers the right to shoot at a moving car. It seems very difficult for an officer outside of a moving vehicle to assess a deadly threat from within the vehicle, if the vehicle itself is taken out of the equation. Additionally shooting at moving vehicle is incredibly dangerous public policy. Expecting a Police Officer to make accurate, controlled shots at a moving vehicle is a very tall order. This reminds me of a story I covered last year of an active shooter outside of the Empire State Building in New York City. New York City Police Officers, some of the best trained in the country, fired multiple shots at an armed individual and missed the target several times and hit innocent bystanders. And this is the with the best trained force and a target on foot. Imagine the scene of officers trying to hit a moving vehicle. And that is nothing to say if the officer is lucky enough to hit his target, then what? You have a potentially incapacitated driver at the wheel?  The policy is a move away from other police departments and is probably a move to  reduce police liability.

The Law Offices of Steven J. Pisani specialize in the area of Criminal Defense. We offer Flat Rate Retainers and competitive pricing. Call our office today for a free consultation.

Cite: Carlos Illescas, The Denver Post, 3/8/2016

Link: http://www.denverpost.com/news/ci_29611006/aurora-police-shift-policy-allow-cops-shoot-at

Fewer People Charged with Driving High

Since Colorado legalized cannabis (marijuana) in 2014, The Colorado State Patrol has kept records of those arrested for driving with THC (the pyscho-active chemical found in marijuana) in their system. In 2015, 665 of 4,546 those charged with Driving Under the Influence of Drugs or Alcohol or Both had active THC in their system. That number is down 1.3% of the total from 2014. The State Patrol began tracking marijuana-specific citations in what is called “a new era of impaired driving.” One of the fears of legalization is that the number of impaired drivers would spike. This new evidence suggests that this may not be the case. Those caught Driving Under the Influence of THC face the same penalties as those driving under the influence of alcohol: hefty fines, a suspended license, alcohol treatment classes, community service and in many cases jail time. If you have been charged with a DUI or a DUID, you need the best and brightest to ensure your interests are represented at court. The Law Offices of Steven J. Pisani specialize in DUI and DUID Defense. We offer flat rates, competitive pricing and high client satisfaction. Call our Denver office today for a Free Consultation and protect your rights.

Cite: Noelle Phillips, The Denver Post, 2/11/2016

Link: http://www.denverpost.com/news/ci_29504990/fewer-people-charged-colorado-driving-while-high-2015

Law Enforcement Sacks 276 Impaired Drivers During Super Bowl Weekend

The Colorado Department of Transportation and Colorado State Patrol were among 76 law enforcement agencies that joined forces Feb. 5 through Feb. 8 for heightened DUI-enforcement period. Super Bowl weekend enforcement resulted in 276 impaired-driving arrests, an increase from the 234 arrests made in 2015. The Aurora and Colorado Springs police departments as well as the Colorado State Patrol recorded the highest arrest totals. “The Heat is On” is a campaign effort funded by the CDOT Highway Safety Office and runs throughout the year focusing on 12 specific periods for “high visibility for impaired driving.” The 12 periods are centered on holidays and public events. The next such event is scheduled for St. Patrick’s Day, which will run for a full week from March 11-18. If you have been arrested for impaired-driving, your privilege to drive and status as a law abiding citizen are in jeopardy. You need a skilled attorney to defend your rights in Court. The Law Offices of Steven J. Pisani specialize in DUI Defense. Our firm has 8 years of experience in DUI and Criminal Defense. Call our office today for a Free Consultation.

Cite: Natalie Munio, The Denver Post, 2/12/2016

Link: http://www.denverpost.com/news/ci_29510443/law-enforcement-sacks-276-impaired-drivers-during-super

Colorado State Troopers Cite Thousands during “ZeroZero” Campaign

“ZeroZero” stands for zero highway deaths and zero tolerance for dangerous driving behaviors. Last weekend Colorado State Patrol troopers processed thousands of citations and arrests for traffic violations ranging from drunk to distracted driving. Over the span of 65 hours, 134 drivers across the state were arrested for driving under the influence of drugs or alcohol, encompassing 30 crashes. Unfortunately, two people were reported killed in a crash in Weld County on Saturday. The plan was initiated in part due to an increase in traffic fatalities in Colorado in 2015. Most violations were minor, with 436 distracted-driver citations and 382 failure to wear seat belt citations. My office has seen a noticeable uptick in the amount of careless driving citations in Denver and the Metro Area. If you have a ticket you would like to discuss, call us. Denver Traffic Defense Attorney Steven J. Pisani specializes in the areas of Traffic Defense and Criminal Defense. Call our Denver office today for a free consultation.

Cite: Kirk Mitchell, The Denver Post, 10/21/2015

Link: http://www.denverpost.com/news/ci_29001814/colorado-troopers-cite-thousands-during-zerozero-campaign

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