Posts Tagged ‘traffic laws’

Drinking coffee behind the wheel = distracted driving?

The Minnesota state police don’t deny that they see coffee-drinking behind the wheel as something that might constitute prohibited distracted driving, but deny Lindsay Krieger’s claim that that was why she was pulled over on Interstate 94 in St. Paul. A spokeswoman says an officer stopped and ticketed Krieger (not her first time) for driving without a seat belt, and the coffee lecture was in the nature of an added warning. Krieger was once “busted in Eagan…for eating Cheerios out of a cup while waiting in line to make a turn.” [Minneapolis Star-Tribune, FindLaw]

Crime and punishment roundup

  • More dangerous today than in past to be a cop in America? Available evidence suggests the opposite [Radley Balko, more]
  • New York Times covers shaken-baby syndrome with look back at Louise Woodward trial [Poynter; Boston Globe on shaken baby syndrome in May; earlier]
  • Study from National Association of Criminal Defense Lawyers (NACDL) on gaps in indigent defense misses chance to highlight voucher/choice remedies [Adam Bates, Cato]
  • The far reach of Sarbanes-Oxley: “You Can Be Prosecuted for Clearing Your Browser History” [Juliana DeVries, The Nation]
  • “Has the ‘Responsible Corporate Officer’ doctrine run amok?” [Bainbridge, earlier on Quality Egg/U.S. v. DeCoster case and mens rea]
  • Federal judge, in April: U.S. Attorney Bharara’s publicity tactics against Sheldon Silver strayed close to line [ruling via Ira Stoll]
  • Suspending drivers licenses over unpaid tickets can push poor motorists into downward spiral [Milwaukee Journal Sentinel via Balko]

June 3 roundup

  • Ohio appeals court: code enforcement officers in town of Riverside can be personally liable for towing cars off man’s property without due process [The Newspaper; Vlcek v. Chodkowski, Second Appellate District, Montgomery County]
  • “FDA’s proposed cigar crackdown could effectively ban up to 80% of stogies currently sold in US” [James Bovard, Washington Times; earlier here, here]
  • Don’t decriminalize subway farebeating, says Nicole Gelinas, it’s a deliberate theft and a damaging one (though “enforcing the fare helps enforce New York gun laws” may not work as an argument unless you admire those gun laws) [New York Post]
  • Lawyers take Fifth and (via their attorney) blame paralegal over DUI setup of a trial opponent [ABA Journal; Adams and Diaco, Florida]
  • “The Questionable History of Regulatory Reform Since the APA” [Stuart Shapiro and Deanna Moran, Mercatus]
  • Did American rebels of 1776 fight for English liberties, or universal Rights of Man? [David Boaz, Cato, taking issue with Daniel Hannan]
  • “Appeals court scolds Apple monitor, but does not remove him” [Jeff John Roberts, Fortune; Eriq Gardner, THR; Colin Lecher, The Verge; earlier]

Police and community roundup

  • Not just motorists: revenue-hungry St. Louis County municipalities mulct residents and homeowners with tickets over toys in yard, missing shingles, overgrown trees [St. Louis Post-Dispatch]
  • So hard to convict: six officers from notorious Philadelphia narcotics squad acquitted in federal “dangled over balconies” case [Inquirer]
  • Strictly non-business: Mayor of Campo, Colo. “asserted the ticketing …is strictly about public safety and not to generate revenue.” [KUSA, autoplays]
  • Texas legislature: “Bill to limit filming of police activity is dropped” [Allison Wisk, Dallas Morning News]
  • “I remember getting mocked as a nutty libertarian when arguing that primary seat belt laws would be used to profile.” [@radleybalko on CBS Miami report]
  • “Breaking Down the Cost of Jaywalking: Where Does Money from a $190 Ticket Go?” [L.A., 2010, BlogDowntown via Amy Alkon discussion, earlier, Timothy Kincaid on Twitter] “A traffic fine should not devastate folks living paycheck to paycheck. [Cal.] Senate working to fix this” [Mariel Garza, L.A. Times]
  • On the need for independent prosecutors in police misconduct cases [Jacob Sullum]

Traffic and road law roundup

  • Driver’s license suspensions, which many states use to punish unpaid court debt and other offenses unrelated to driving skill, can accelerate spiral into indigency [New York Times]
  • Your war on distracted driving: woman says she received $200 ticket “for putting on lip balm at a red light.” [KLAS Las Vegas, Nev.]
  • “Of Course We Have No Ticket Quotas, But ….” [Lowering the Bar; Edmundson, Mo., in St. Louis County; Mariah Stewart, Huffington Post on revenue generation in Berkeley, Mo., and other neighboring towns; Scott Greenfield (“Ferguson: Where Everyone’s a Criminal”)]
  • Yet more on St. Louis County: it started with a “defective muffler” stop in Florissant [Riverfront Times]
  • NYC: “Speed cameras lead to surge in tickets and $16.9M in revenue for city” [NY Daily News]
  • New Los Angeles parking signs explain it all for you, also recall design of craps table [Mark Frauenfelder, BoingBoing]
  • Virginia: “How Police Drones and License-Plate Readers Threaten Liberty” [A. Barton Hinkle; related, Jim Harper/D.C. Examiner]

Crime and punishment roundup

February 19 roundup

  • Sheldon Silver’s law firm reportedly loses its special status in courts [New York Post] “Ex-congresswoman could get payout from court tied to Silver” [same; former Rep. Carolyn McCarthy]
  • “High School Teacher With Fear of Young Children Loses Disability-Bias Case” [EdWeek, h/t @aaronworthing]
  • “Worth remembering that, if they had the power in the 1980s, the public health lobby would have forced us to eat a diet they now say is bad.” [Christopher Snowdon, earlier]
  • Numbers confirm that AG Eric Holder’s forfeiture reform won’t directly affect great majority of cases [Institute for Justice via Jacob Sullum, earlier]
  • Despite curiously thin evidence that they work, bans on texting while driving roll on, including Mississippi [Steve Wilson, Watchdog, thanks for quote, earlier here, etc.] Draft Ohio bill has numerous troubling features, including broad bar on future technologies, vague distraction ban, stiffer penalties without judicial discretion, mandatory court dates for minor offenses [Maggie Thurber, Ohio Watchdog, thanks for quote]
  • Cop’s defense in sex assault of teen: he “[had] money problems and a bad guy scared [him]” [Trumbull, Ct.; Scott Greenfield, Connecticut Post]
  • “Dance like no one is watching; email like it may one day be read aloud in a deposition.” [Olivia Nuzzi]

Police and prosecution roundup

  • Judge chides Montgomery County, Md. police for “unlawful invasion” of family’s home [my new Free State Notes post]
  • As more offenses get redefined as “trafficking,” state extends its powers of surveillance and punishment [Alison Somin on pioneering Gail Heriot dissent in U.S. Commission for Civil Rights report; Elizabeth Nolan Brown/Reason on legislative proposals from Sens. Portman and Feinstein] Proposal in Washington legislature would empower police to seize/forfeit cars of those arrested for soliciting prostitutes, whether or not ever convicted [Seattle Times]
  • Progressives and the prison state: “most of the intellectual and legal scaffolding of the contemporary American carceral system was erected by Democrats.” [Thaddeus Russell reviewing new Naomi Murakawa book The First Civil Right: How Liberals Built Prison America]
  • Here comes the next verbal conflation with negative implications for defendants’ rights, “traffic violence” [Scott Greenfield]
  • Please don’t pay attention to what goes on inside Florida prisons, it would only spoil your day [Fred Grimm, Miami Herald via Radley Balko]
  • Trouble in California: “U.S. judges see ‘epidemic’ of prosecutorial misconduct in state” [L.A. Times, Ronald Collins/Concurring Opinions, video from Baca v. Adams with Judges Kozinski, Wardlaw, W. Fletcher, earlier on California Attorney General Kamala Harris and Moonlight Fire case] But will Ninth Circuit’s strong words change anything? [Scott Greenfield including updates]
  • “Plea Bargaining and the Innocent: It’s up to judges to restore balance” [U.S. District Judge John Kane]