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Lawyers & How They Negotiate Personal Injury Settlements

Lawyers & How They Negotiate Personal Injury Settlements If you have recently been injured in an accident through no fault of...

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Personal Injury Lawyer – Surefire Way To Success

Delaware Personal Injury Lawyers – Surefire Way To Success Regardless of any or all precautions you take, an accident can happen...

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Why This Lawyer Says You Should Buy Car Insurance From An Independent Broker

Why This Lawyer Says You Should Buy Car Insurance From An Independent Broker I don’t sell car insurance, but as a...

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Defense attorney

Defense attorney: Former Nampa Fire Chief DUI case to go to trial The attorney for a former Nampa Fire Chief, who...

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Utah DUI Law

Utah DUI Law: Come For Vacation, Leave On Probation? Utah's newly-passed drunk driving law has met with stiff opposition from businesses...

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Baby dies after DUI

Cops: Baby dies after DUI driver strikes pregnant woman VAN NUYS, Calif. -- Police in southern California say a DUI driver...

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Baby dies after DUI

Cops: Baby dies after DUI driver strikes pregnant woman

Cops: Baby dies after DUI driver strikes pregnant woman

Cops: Baby dies after DUI driver strikes pregnant woman

VAN NUYS, Calif. -- Police in southern California say a DUI driver is facing a murder charge after he swerved into a pregnant woman's car, causing her to give birth to her child, who died soon after.

25-year-old Julian Gutierrez of North Hills has three previous DUI convictions from 2014, 2015 and 2016, reports CBS LA.

In the May 26 crash involving the pregnant woman, police say Gutierrez veered his Nissan Altima into incoming traffic in Van Nuys, striking the victim's Acura Integra head-on.

The pregnant driver of the Integra was rushed to the hospital where her baby was born, reports the station. The girl died soon after birth.

The woman was seriously injured. She had been eight months pregnant, according to the Los Angeles Times.

Gutierrez faces one felony count each of murder, gross vehicular manslaughter while intoxicated, driving under the influence of alcohol, causing injury within 10 years of two other DUI offenses and driving with a .08 percent blood alcohol content causing injury within 10 years of two other DUI offenses, according to the Los Angeles District Attorney's Office.

Gutierrez reportedly pleaded not guilty to the charges and was ordered held on $2 million bail. If convicted, he faces a possible maximum sentence of 25 years to life in state prison, reports CBS LA.

The judge wrote that blood samples used as evidence in criminal cases must be analyzed in a state approved laboratory “to ensure consistency, reliability and validity of results.” Malott’s attorney Joseph Miller had also moved to throw out the statements that Malott allegedly made to the state trooper from a hospital bed, citing violation of Malott’s Miranda rights.

The judge did not throw out that evidence and Payette County Prosecutor Ross Pittman wrote in a court document that Malott made the alleged statements to the officer on his own volition and that he had not been detained by police, which would have required the officer to inform Malott of his Miranda rights.

Malott’s attorney Joseph Miller confirmed Friday that no resolution has been reached in the case and that he is planning to proceed with trial beginning Oct. 5.

“We are maintaining that he was not intoxicated and that the crash was caused by the driver of the Malibu,” Miller said.

Facing disciplinary action by the city, Malott resigned as Nampa Fire Chief in December. He was named Chief in 2009.

Nampa spokeswoman Vickie Holbrook said in November that Malott will get the same benefits as all city employees, including a payout of unused personal leave. She said he will also have access to his personal retirement fund.

He is scheduled to return to court on June 13.

© 2017 CBS Interactive Inc. All Rights Reserved.

Utah DUI Law

Utah DUI Law: Come For Vacation, Leave On Probation?

This ia an result of DUI/DWI that ended a person's life too early all because he drove drunk and crashed into a tree. DOA!

This ia an result of DUI/DWI that ended a person's life too early all because he drove drunk and crashed into a tree. DOA!

Utah's newly-passed drunk driving law has met with stiff opposition from businesses that have launched a new ad campaign warning tourists to stay away from the state. Utah new law lowers the legal blood-alcohol limit for driving under influence (DUI) from 0.08 percent to 0.05 percent, making it the lowest threshold in the U.S. State lawmakers passed HB155 this year and the law is set to go into effect late next year.

The lower blood alcohol limit is seen as scaring away tourists from other states and hurting Utah's burgeoning tourism industry.

Restaurant trade group American Beverage Institute or ABI ran a full-page advertisement in the Las Vegas Review-Journal that warns Nevada vacationers of the potential to be subjected to DUI charges for having little more than a single drink before driving. Nevada sends the third most tourists to Utah - behind California and Idaho.

The full-page advertisement by ABI features the mugshot of a women who "had one drink with dinner" and is titled "Utah: Come for Vacation, Leave on Probation."

Further, ABI said its new online petition opposing Utah's law has garnered over 1,300 signatures after just 24 hours.

According to data maintained by the Utah Department of Public Safety, offenders with blood alcohol concentration of 0.15 and above have been responsible for 77 percent of alcohol-related fatalities in Utah.

However, ABI said that the new law fails to target the dangerous drunk drivers who cause the vast majority of alcohol related fatalities and instead targets moderate, responsible drinkers.

A 120-pound woman could be subjected to all of the consequences of a DUI charge after having little more than a single drink, while an average 160-pound man could be considered legally drunk after just having two drinks in one hour, ABI noted.

ABI urged Utah lawmakers to "fix their mistake by fully repealing the .05 BAC law in the special legislative session later this summer."

by RTT Staff Writer

For comments and feedback: editorial@rttnews.com

Defense attorney

Defense attorney: Former Nampa Fire Chief DUI case to go to trial

Defense attorney: Former Nampa Fire Chief DUI case to go to trial Karl Malott

Defense attorney: Former Nampa Fire Chief DUI case to go to trial Karl Malott - Looking for a lawyer? http://businesstiming.com

The attorney for a former Nampa Fire Chief, who faces a DUI charge for allegedly rear-ending a car on the freeway while riding his motorcycle, said he plans to take his client’s case to trial.

Karl G. Malott, 53, pleaded not guilty to one count of misdemeanor excessive DUI when he appeared in 3rd District Court last November for arraignment.

According to court documents, on Sept. 24, 2016, Malott was riding his 2011 Harley-Davidson for a charitable cause when he hit a 2004 Chevy Malibu from behind while traveling east on Interstate 84 in Payette County.

Malott was not wearing a helmet at the time and was thrown from the motorcycle, suffering serious injuries. The two occupants of the Malibu were not injured.

One witness to the crash said that it appeared that Malott intended to exit the freeway, but then changed his mind and tried to return to his lane, which caused the collision. Another witness, an Elmore County medic who gave Malott first-aid, told officers that Malott was speeding, swerving in and out of lanes and that he smelled strongly of alcohol.

The benefit ride Malott was on that day had five stops at bars in Nampa, Garden City, Emmett, New Plymouth and Caldwell. On Sept. 28, 2016, while lying in a hospital bed, Malott allegedly told an officer from a that he was on the last stretch of the charity ride when the accident occurred.

He allegedly told the officer that he had consumed one 12-ounce light beer at four of the five stops, spending about an hour at each location where he drank.

Police say Malott admitted that he had not been sleeping well and that sleep deprivation may have been a factor in the incident.

Shortly after the crash in September, Malott was taken to Saint Alphonsus Medical Center via helicopter in critical condition at which point staff drew a sample of his blood for analysis. Results from test indicate that Malott had a blood-alcohol content of 0.24.

The legal limit in Idaho is 0.08.

According to court documents, former Payette County Prosecutor Anne-Marie Kelso forwarded those results to Idaho State Police on Nov. 10 and an officer cited Malott for DUI shortly after.

However, Judge Brian Lee threw out that evidence out in a decision dated April 18, citing the fact that the a written disclosure in Malott’s toxicology report stated that the information was obtained for medical purposes and cannot be used in legal matters.

The judge wrote that blood samples used as evidence in criminal cases must be analyzed in a state approved laboratory “to ensure consistency, reliability and validity of results.” Malott’s attorney Joseph Miller had also moved to throw out the statements that Malott allegedly made to the state trooper from a hospital bed, citing violation of Malott’s Miranda rights.

The judge did not throw out that evidence and Payette County Prosecutor Ross Pittman wrote in a court document that Malott made the alleged statements to the officer on his own volition and that he had not been detained by police, which would have required the officer to inform Malott of his Miranda rights.

Malott’s attorney Joseph Miller confirmed Friday that no resolution has been reached in the case and that he is planning to proceed with trial beginning Oct. 5.

“We are maintaining that he was not intoxicated and that the crash was caused by the driver of the Malibu,” Miller said.

Facing disciplinary action by the city, Malott resigned as Nampa Fire Chief in December. He was named Chief in 2009.

Nampa spokeswoman Vickie Holbrook said in November that Malott will get the same benefits as all city employees, including a payout of unused personal leave. She said he will also have access to his personal retirement fund.

Ryan Thorne is the cops/courts and digital first reporter. Follow him on Twitter @Allbuzinezz.

Legal Aid Program Under Fire

De Blasio Under Fire For Plan To Keep Some Immigrants Out Of Legal Aid Program

For the last three years, New York City has footed the bill for lawyers to defend certain immigrants facing deportation under a unique program that other cities have begun to emulate.

But as the June 30 deadline to finalize the city’s budget approaches, Mayor Bill de Blasio (D) is pressing the city to keep some immigrants out of the program based on their criminal histories.

The debate pits de Blasio, who has positioned himself as one of the country’s leading progressive politicians, against Democrats on the city council, immigrant rights advocates and legal assistance groups who say the mayor is injecting a new form of discrimination into a successful program that primarily helps detained immigrants.

De Blasio’s critics say the city’s legal aid is all the more important under the Trump administration. Since President Donald Trump took office, the number of immigration arrests has risen by nearly 40 percent compared to the same time period last year.

De Blasio Under Fire For Plan To Keep Some Immigrants Out Of Legal Aid Program

De Blasio Under Fire For Plan To Keep Some Immigrants Out Of Legal Aid Program

Lucas Jackson / Reuters

New York City Mayor Bill de Blasio speaks regarding the U.S. President Donald Trump's federal budget proposal at the City Hall in New York on March 16.“The ability to provide due process and an attorney to everybody going through deportation proceedings is the right thing to do,” Luis Mancheno, an immigration lawyer at the Cardozo School of Law, told HuffPost. “For years I have been able to talk to family members … and to tell them that if your family is locked up facing deportation proceedings, New York City has your back and will help defend the case. That’s a promise I could not make if these restrictions went into effect.”

More than half of the city council ― including Speaker Melissa Mark-Viverito (D) ― opposes de Blasio’s proposed changes as well.

“We are concerned that the exclusion you propose will not only undermine our city’s commitment to due process for all but will also perpetuate the failures and racial disparities that pervade our criminal justice system,” 27 council members wrote to de Blasio this week, according to the New York Times.

Under U.S. law, immigrants facing deportation may seek a lawyer in civil court, but don’t have the right to have one provided at no cost, like they do in criminal court. This applies to everyone ― even children and the mentally handicapped.

But under the New York Immigrant Family Unity Program, which has been fully operational for the last three years, the city itself pays to provide lawyers to immigrants in detention who can’t afford them. The program does not currently make distinctions about which immigrants can access a lawyer. Thus far, it has helped nearly 2,500 people, according to organizers.

Both de Blasio and the Democrat-led city council have already agreed to keep funding the program. The current draft of the city budget boosts funding for the program by 50 percent to $16 million, and the state government bolstered it with an addition $4 million that will go toward assisting people detained in upstate New York.

The ability to provide due process and an attorney to everybody going through deportation proceedings is the right thing to do, Immigration attorney Luis Mancheno

But that money isn’t enough to provide a lawyer to everyone. And with the number of deportation cases jumping, the de Blasio administration says it should prioritize the cases the city chooses to defend ― which would mean no longer providing representation to everyone in detention who needs it, as the New York Immigrant Family Unity Project currently does.

Under de Blasio’s proposal, anyone convicted of a list of some 170 crimes in the last five years wouldn’t qualify for representation. The list is the same one that New York City created in 2014 to determine which immigrants it will hold on behalf of ICE when the agency issues “detainer” requests.

“The increase in defense funding is based not just on deportation, but on the increase of people with low-level criminal offenses or no criminal histories,” Nisha Agarwal, New York City’s commissioner of Immigrant Affairs, told HuffPost. “That’s a very scary trend for us and so we’re really prioritizing.”

Agarwal described the limits on access to the program as justified by the fact that New York City’s legal defense fund for immigrants is likely the largest in the country. In addition to the $16 million for NYIFUP, the budget draft includes a similar amount of money for other immigrant legal services.

New York City’s legal aid program offered a unique response to the outcry among advocates that immigrants who could not afford attorneys faced the near-certainty of deportation. A 2011 study by legal experts found that only 3 percent of detained immigrants who fought their cases without a lawyer managed to avoid deportation. By contrast, 18 percent of those detained and represented had successful cases. Nearly three-quarters of people who fought their cases from outside detention with an attorney were allowed to remain in the country.

Attorneys who work with the NYIFUP don’t expect everyone they assist to avoid deportation, but believe their role is important because detained immigrants are particularly vulnerable. Their cases can move quickly and it’s difficult to find or pay for representation while locked up. The program helps detained immigrants identify whether they have a case for staying ― many don’t, based on their convictions or immigration history ― and ensures that people who do have a claim for relief don’t fall through the cracks, advocates argue.

“When we do identify that someone might be able to stay here, it’s because they fall into one of these categories of people where it seems that they’re among the most dire cases and categories of people that we should be providing representation for,” said Jennifer Friedman, managing director of the immigration practice at The Bronx Defenders, which works on the NYIFUP program.

The two most common categories that win relief from detention are those who fear torture or death in their native countries and those who have a claim to U.S. citizenship, she said.

In some instances, people represented under the NYIFUP escaped deportation because they were U.S. citizens who had been arrested by mistake, according to Mancheno.

“People who could be excluded under the mayor’s plans could be U.S. citizens, and will be deported,” Mancheno said. “Think about how unfair that is.”

Denying access to certain people is particularly concerning given the current political climate, with undocumented immigrants at greater threat of being caught up in deportation proceedings, some attorneys argue. On Thursday, the New York City Bar Association wrote to de Blasio urging the city “not to deny access to counsel to anyone based upon past convictions or criminal charges.”

“Denying counsel to some individuals based on their criminal record, or where they lived before being detained, will gut New York’s model universal representation system for immigrants,” bar association president John Kiernan wrote. “In this time of unprecedented hostility to immigrants from the federal government, New York should be expanding access to counsel, not contracting a successful and groundbreaking representation program.”

CORRECTION: A previous version of this story incorrectly stated Luis Mancheno’s employment affiliation. He is an immigration lawyer at the Cardozo School of Law.