Monthly Archives: January 2009

Welcome, President Obama!

Posted by joebod on
Congratulations and welcome, Mr. President. I have hope. You have given it to me – you have inspired me to do my part to make this a better country! CHANGE IS HERE!
So that all you fans of the bLAWgger know, President Obama has already addressed some issues that are near and dear to criminal defense attorneys everywhere. Here are some of the things he’s worried about, on page 65 (go to the web page for the full text – these are the ones relevant to criminal law): Blueprint for Change.

* * * * *

BARACK OBAMA AND JOE BIDEN’S PLAN:
Expand Hate Crimes Statutes: Obama and Biden will strengthen federal hate crimes legislation and reinvigorate enforcement at the Department of Justice’s Criminal Section.
*****bLAWgger comment: Who can argue with that? Clarence Darrow, I suppose, in his closing argument in the Sacco and Vendetti trial (a.k.a. the “all murders are bad” argument). But until we embrace fully the idea that all men – and women – are created EQUAL, we need these laws.
End Racial Profiling: Obama and Biden will ban racial profiling by federal law enforcement agencies and provide federal incentives to state and local police departments to prohibit the practice.

*****bLAWgger comment: I am a criminal defnse attorney. . . . I KNOW that this happens. Don’t kid yourself. This is a great policy: chase CRIME, not PEOPLE WHO DON’T LOOK LIKE YOU. It seems so surreal that we have to develop policies to prevent the coppers from doing this!!!

Reduce Crime Recidivism by Providing Ex-Offender Support: Obama and Biden will provide job training, substance abuse and mental health counseling to ex-offenders, so that they are successfully re-integrated into society. They will also create a prison-to-work incentive program to improve ex-offender employment and job retention rates.

*****bLAWgger comment: Try getting a job if you have been arrested. Try getting a job if you have been arrested, and convicted. Of a felony. Try getting a job if you have been convicted of a felony and you are BLACK. Try getting a job if you have, God forbid, been to prison. Everyone makes mistakes, and yes, people can change. So this is a GREAT policy to help people get back on their feet. Face it: most folks who go to prison are not in the least interested in doing something that will get them back there. So, they need help – who knows, maybe they’ll be PRODUCTIVE MEMBERS OF SOCIETY!!!

Expand Use of Drug Courts: Obama and Biden will give first-time, non-violent offenders a chance to serve their sentence, where appropriate, in the type of drug rehabilitation programs that have proven to work better than a prison term in changing bad behavior.

*****bLAWgger comment: Who can argue with that? Drugs are here to stay, and no president from Reagan to W have been able to stop the flow. I practice in Federal courts – I know they’re not even touching the parade of drugs into America. So, the solution: TREAT THE USERS SO THEY BECOME EX-USERS. It seems so elementary, eh? * * * * *

As I write this, I am watching the Inaugural Balls (yes, Skippy, I said balls). POTUS is dancing with his wife, and Beyonce is serenading them. I sincerely pray that God will protect him. And I sincerely hope that each of you will embrace his vision for America, and believe in the hope that he has brought to all of us. United we stand, divided we fall. Remember that. Get behind President Obama. Support him like you have never supported anything before. We need a hero. . . and one has arrived.
Although I look better running out of the surf than he does! Those pix are coming, so get ready, Mr. President!

God Bless America, and God Bless President Obama!

One DUI, two DUIs, three DUIs, . . . 2009 in Tampa is busy so far!!!

Posted by joebod on

We all know folks get liqoured-up for New Year’s Eve. What we don’t think about is all the DUI arrests that the coppers make. Take a look at what has happened so far in Tampa:

December 31: 24 arrests. See http://www.hcso.tampa.fl.us/pub/default.asp?/Online/dailybook3.

January 1: 18 arrests (including one for BUI – that’s boating under the influence). See http://www.hcso.tampa.fl.us/pub/default.asp?/Online/dailybook3.

That’s just Tampa. I did not check Pasco, Pinellas, or Manatee counties.

An attorney can really help with a DUI arrest. As I tell all my clients, there are a several really important issues to look at with a DUI:

  • Was the traffic stop or encounter legal? There may be a possibility to “suppress” evidence.
  • What was the driving pattern? A little speeding only, or weaving all over or a crash?
  • Was there a video of the roadside sobriety tests? Did the driver pass the tests?
  • Was the driver read his or her Miranda rights before making certain statements? There may be a motion to “suppress” certain statements.
  • Does the driver have medical or physical problems that could effect the sobriety tests?
  • Did the driver take a breath test?
  • Does the driver have medical or physical problems that could effect the breath tests?
  • Did the driver refuse the breath test? Did the officer follow the legal requirements for asking for a breath test?
  • Does the driver have other DUI convictions?

There is also the pesky issue of the DHSMV: “those who giveth also taketh away.” Look at the bottom of your driver license, where it says by signing you agree to submit to sobriety tests. Missed that, eh? If a driver is arrested for DUI, the license is in jeopardy. If one blows over .08, then the DHSMV will try to suspend the license for 6 months. If one refuses, a year. If there is a prior refusal to take a test, then it’s 18 months. You have to drive to exist in Florida (we have horrible public transit), so the DHSMV is a serious issue that has to be dealt with apart from the criminal charge of DUI in the courts.

DUIs can be expensive. Attorneys in Tampa are fairly reasonable with their rates, but there is the cost of transportation if the driver’s license is suspended, DUI school, and court/probation costs if the driver is convicted. So it is always a good idea to hire an attorney to guide one through the process.

Go to my website at www.BodifordLaw.com or call 813-222-0032. And as the sergeant on Hillstreet Blues said, “Let’s be careful out there.”