California DUI Driving Under Influence Jury Instruction License Lawyers Attorneys

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THE PEOPLE, Plaintiff and Respondent, v. MARIO ENRIQUEZ, Defendant and Appellant.
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT
February 7, 1996, Decided

On June 19, 1994, after smoking a cigarette laced with phencyclidine (PCP), defendant and Christine Martinez were outside Martinez’s mother’s house at 369 Fleming Avenue. When her mother came to the door, she observed Christine was under the influence of PCP and told her she had to leave. Her mother then called 911.  Reserve Deputy Sheriff Michael Phillips saw a blue Sprint with two occupants parked three houses away.  Defendant and Christine exited their automobile and Phillips got out of the patrol car.  When Phillips asked for defendant’s driver’s license, he noticed defendant was sweating, his eyes appeared glossy, and he had difficult standing.  Phillips asked defendant whether he was under the influence, and defendant gave an affirmative response.  After defendant was taken to jail, a blood sample was taken. Laboratory tests confirmed the presence of PCP in defendant’s blood.  When the trial court instructed the jury on the charge of driving under the influence, the trial court read Cal. Jury Instructions, Criminal No. 12.65 (1992).  Based on this evidence, a jury found defendant guilty of driving under the influence and being under the influence of a controlled substance.  Defendant was convicted of both charges.  Defendant appealed.

Issue:

  • Whether jury instruction CALJIC No. 12.65 was sufficient to uphold his driving under the influence conviction?

The Court states that “It is settled that a criminal defendant has a constitutional right to have the jury determine every material issue presented by the evidence.  The denial of that right constitutes a miscarriage of justice regardless of the strength of the prosecution’s case.  Accordingly, it is the trial court’s duty to see that the jurors are adequately informed on the law governing all elements of the case to the extent necessary to enable them to perform their function.  This duty is not always satisfied by a mere reading of wholly correct, requested instructions.  A trial court has a sua sponte duty to instruct on general principles of law relevant to issues raised by the evidence and to give explanatory instructions when terms used in an instruction have a technical meaning peculiar to the law.  The term “under the influence” differs for the purposes of section 23152, subdivision (a) and Health and Safety Code section 11550.  To be ‘under the influence’ within the meaning of the Vehicle Code, the drug(s) must have so far affected the nervous system, the brain, or muscles as to impair to an appreciable degree the ability to operate a vehicle in a manner like that of an ordinarily prudent and cautious person in full possession of his faculties.  In contrast, being under the influence’ within the meaning of Health and Safety Code section 11550 merely requires that the person be under the influence in any detectable manner.  The symptoms of being under the influence within the meaning of that statute are not confined to those commensurate with …

How To Find the Right Criminal Lawyer

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If you are searching for the best criminal lawyer in Rolling Meadows, then you must know that a criminal lawyer is a person whom you will require when you need a solid defense strategy. This lawyer should have the experience, skills and also able to develop a solid plan of defense to help you with your case. They will serve as your advocate and will undertake to do all of the negotiations to ensure that you’re able to walk away without any penalties.

An experienced rolling meadows criminal attorney is able to do all this as they have passed the bar exam after they have completed their law school. Many of these criminal lawyers have excellent communication skills. It is this asset, which will allow you to feel completely comfortable. In any legal case a lot of paperwork is also involved. These lawyers usually have a team of people who will help to work on your case so that you are fully prepared prior to your court date.

People usually obtain the services of a criminal lawyer in Rolling Meadows when they are facing either misdemeanoror felony charges. These law firms have a dearth of knowledge on all cases related to legal matters, an asset that will help you to feel more at ease, and these attorneys will begin advising you right away so not to loose to time.

Before you go about hiring your criminal attorney, it is necessary for you to inquire about their experience. Such information will help you in relieving your fears. If at any point of time you get the opportunity to watch the attorney whom you are going to hire during a court case, it can be very enlightening and helpful at choosing.

Asking friends and colleagues on how to go abouthiring a lawyer can also help you in locating a good attorney. If there is someone you know who has at one point in time or faced a criminal charge in the past, then this person is the best person to talk to for information about a good criminal attorney. Another source for locating the best criminal lawyer is the Internetas it is the best place from where you will be able to learn more about an attorney. The Internet is the main source, which is full of information in order to get you the most information about the background of an attorney, or law firm. The best move would be to obtain an attorney in the area that you are facing these charges, rather than the actual place where you live.

Any criminal case can be time consuming and stressful, this is why the criminal attorney is the best person to lead you through this type of charge. There are also people who find that hiring a criminal attorney earlier will make them feel more prepared.

All in all, we can say that one should not face their charges alone and hiring the right lawyer will essentially change the outcome of your …

Competition Law in Cyprus

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The Association Agreement between Cyprus and the European Economic Community entered into force in the late 1980’s. As a result, Cyprus was obliged to establish a legislation for the protection of competition and regulate unfair competition practices.  

Specifically, the protection against unfair competition is regulated by the following two legislations:

  • the Protection of Competition Law (207 (I)/ 1989);
  • the Control of Concentration Between Enterprises Law (22(I)/ 1999);

On the one hand, the Competition Law regulates restrictions in agreements and abuse of dominant position. On the other hand, the Control of Concentration Between Enterprises Law regulates mergers and acquisitions in the Republic of Cyprus. In this article, we will be focused on the Competition Law.

The Protection of Competition Law was amended in 2014 so that to enforce the effectiveness of the existing legislation in Cyprus. The amendments to the competition law enhance the powers of the Commission for the Protection of Competition and facilitates the convergence with EU Law and Recommendations endorsed by the European Competition Network.

Control and Suppression of Practices that Restrict Fair Competition:

Following the provisions of section 3(1) of the Competition Law are prohibited all related practices between undertakings that intend to prevent, restrict or distort competition, and specifically those that:

  1. fix purchase or selling prices or influence any other trading conditions;
  2. restrict or affect production, supply, technical development, or 
    investment;
  3. share markets or sources of supply geographically or otherwise;
  4. apply different conditions to equivalent transactions, in this manner placing other undertakings at a competitive disadvantage;
  5. make the conclusion of contracts subject to acceptance by other parties of supplementary obligations which, by their nature or according to commercial use, have no connection with the subject of such contracts;

Exemptions:

Section 4 of the Competition Law indicates an exemption for certain concerted acts which would otherwise be prohibited and invalid under the following conditions:

  1. these actions contribute to improving the production or distribution of goods or to promoting technical or economic development while allowing consumers a fair share of the resulting benefit;
  2. these actions do not enforce, on the undertakings concerned, restrictions that are not indispensable to the attainment of these objectives;
  3. they do not afford undertakings the possibility of eliminating competition in respect of a significant part of the product in question;

Abuse of Dominant Position:

Section 6(1) of the Competition Law stresses that any abuse by one or more undertakings that have a dominant position in the internal market or have a considerable part of it regarding a product is prohibited.

Such abusive action may involve:

  1. fixing purchase or selling prices or influence other unfair trading conditions;
  2. limiting production, markets or technical development to the prejudice of consumers;
  3. applying dissimilar conditions to equivalent transactions with other trading parties, in that way placing them at a competitive disadvantage;
  4. making the conclusion of contracts subject to acceptance by other parties of supplementary obligations which, by their nature or according to commercial use, have no connection with the subject of such contracts.

However, the provisions of section 6 …

Reducing Poverty Through Communication

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It has long been a major principle in developmental terms that social and economic transformation involves the free flow of information as well as ideas to spur economic and innovative thoughts and exchange among peoples in the State.

The free flow and access to information can also create an accountable and transparent society, thereby laying the groundwork for a less corrupt and prosperous society. In Sierra Leone the much-heralded poverty reduction strategy paper [PRSP] has still not got the blessings of the Paris Club.

Though various reasons have been advanced for the failure of the Sierra Leone government to win the approval of 1.7 billion US dollars to sponsor the PRSP – It is widely believe that the issue of corruption and lack of an information Act to ensure accountability may be among the raison d’etre for the refusal of the world’s richest club of donor Nations to sponsor this all important enterprise of reducing poverty in one of the world’s poorest countries.

At present however, a fresh book published by the International Department for International Development, (DFID) United Kingdom, has thrown very important light on the using of; strategic communication to fight poverty through PRS paper with the support of multitudes. In this work, undertaken by both the World Bank and department for international development DFID. Countries such as Ghana et al are singled out and used as a classical example on how communication can be used to fight poverty in third world countries.

Although just five years old the PRSP approach is now established as the country level framework for the attainment of the Millennium Development Goals (MDG’s), set by the United Nations. This World Bank communications experts believe can only be achieved through strategic communications. The authors start by referring to strategic communications as much more than merely informing citizens, rather they say it is the active seeking of the perspectives and contributions of citizens so that they can help to shape policy. They added that it is also a means of ensuring that mechanisms are in place for a two-way flow of information and ideas between the government and the citizenry as well as a Nation’s deliberate effort to build consensus amongst stakeholders about the development strategy the Nation wishes to pursue.

The experts also pointed out in the book that done properly, strategic communications can contribute to PRSP in the following ways: It creates open and inclusive national discourse on policy option, which leads to greater and increased participation in policy making by significant segment of the population. The result is increased support and commitment for the agreed strategy. Secondly, on the other hand it whips up expectation, giving the people a serious sense of what policy options can realistically deliver. It helps to promote transparency and accountability, by full airing and presentation of the facts, citizens can hold the government accountable. Fourthly, it also establishes and maintains momentum because of the engagement of multitudes. Fifthly, it creates or reopens a public culture of citizen …

Tamil Nadu – A Big Contender for Attracting Investment in India

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Tamil Nadu is an Indian state that lies in the southern part of the Indian Peninsula and is bordered by Pondicherry, Kerala, Karnataka and Andhra Pradesh.  It’s the fifth largest contributor to India’s GDP and the most urbanized state in the country with the highest number of Business enterprises, pegged at 10.56%, compared to the overall population share of 6%.

With Chennai as its capital, Tamil Nadu is the seventh most populous state in India and has the fifth largest economy and the third highest Human Development Index out of 29 Indian states. The state’s economic growth was slowed by the Fiscal crisis that peaked in 1999/2000 forcing its government to implement wide ranging financial and structural reforms. The reform program impacted the economy with a good fiscal adjustment. The five policy notes from the government span fiscal reform and sustainability, improving investment environment, agricultural development, governance challenges and the state’s poverty profile.

The Tamil Nadu Industrial Investment Corporation (TIIC) has proposed to advance nearly Rs.13, 000 million for promotion of industries in the state in the fiscal year 2010/2011. Out of this, about Rs. 1000 million is earmarked for advancing loans for the existing industries and for starting new ventures.  The TIIC earned a profit of about Rs.400 million after a gap of several years for the year 2009/2010 fiscal calendar. The organization has been providing financial assistance at competitive interest rates for the setting up of new industrial units, expansion, modernization and the diversification of existing industries. The State plans to announce a new mining policy, in line with the national policy, this year.

The state’s GDP at 2007 stood at Rs. 2,750,000 million in current prices, a corresponding GDP growth rate of 12.1% for that period. The economy is split into: the services industry, contributing 45% of its economic activities; manufacturing, comprising 34%, and the agricultural sector taking 21%. However, the state’s government has been the major investor in the state with a total of 51% total investments followed by private investors at 29.9% and foreign investments at 14.9%. The city has about 110 industrial parks and efficient infrastructure that has been behind recent major economic successes. The Tamil Nadu Investors Association aims at educating small investors, protecting their interests and promoting investments and entrepreneurship in the state.

Major industrial successes in the state include multinationals and big Indian firms located in the region. They include BMW, Ford, Renault-Nissan, Caterpillar, Hyundai, Mitsubishi Motors, Ashok Leyland, Hindustan, TVS Motors, and Royal Enfield etc in the automobile industry while telecommunication giants include Nokia, Flextronics, Motorola, Sony-Ericsson, Foxconn, Samsung, Cisco, Dell and Moser Baer.…

What is Public Interest Litigation?

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Public interest Litigation gives people the authority to file litigation in public interest, in any court of law. Some of the examples of public interest issues could be terrorism, constructional hazards, pollution, and road safety. The issues which affect public at large can be resolved by filing PIL (Public Interest Litigation).

Public Interest Litigation has not been defined in any edict or act. The judges interpret it looking at the intent of public.

Law Universities in Rajasthan incorporates these types of matters in the curriculum. So, gear yourself up to study all these if you have enrolled in any such program.

Can I File Public Interest Litigation?
In normal cases, the victim/ aggrieved has to file his case in a court of law; he/ she have an interest in the dispute. However, filing Public Interest Litigation is different. Anybody can file a PIL, but only in public interest; it should not have any personal interest.

PIL can be introduced by the court itself also. There are times when the victim personally cannot file complaint due to lack of resources or freedom to visit a court, which is not essential for the court’s jurisdiction either. PIL authorizes common people to shield the interest of public. The court can also recognize and take an initiative regarding the case.

Inception of Public Interest Litigation (PIL)
The term “PIL” was used for the first time in the United States, in 1980s. There were several movements in the US during nineteenth century, which added to public interest law that came under the umbrella of legal aid movement.

The first legal aid office came into existence in 1876, in New York. The PIL movement received financial assistance from the from Economic Opportunity office, in 1960s; which fostered lawyers and other people to serve the under privileged, and to counter the exploitation suffered by the weaker sections, and to save the environment and public interest.  

History of PIL in India
It was in 1970s that the PIL showed initial signs and took 10 years to expand to the fullest. Justice V.R. Krishna Iyer and PM. Bhagwati, honourable Judges of the Supreme Court of India by delivering milestone judgments raised the possibilities of PIL.

Objectives of PIL
As per Justice V.R. Krishna Iyer, Public Interest Litigation is a legal process which allows one to voice out grievances in public interest. The objective is to help them obtain justice who cannot access courts on their own due to some or the other limitation.

If you are planning to step into any of the Law Courses in Rajasthan, then you must know these facts as they will be useful to crack entrance exams.…

Protect Yourself From Undue Suffering From An On The Job Injury

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Easily one of the most vital yet extremely dangerous occupations in the US is a construction worker. Regardless of the aptitude and abilities of the individual, every aspect of construction is very risky. However, it is paramount to have construction workers in America, because they are the ones that build our homes, shopping centers, hospitals and more. In addition, they also are responsible for taking down condemned and dangerous buildings, to clear the way for new construction. Due to the fact that construction workers have such a highly volatile job description, it is a common expectation and right under the law that their managerial staff will take every precaution necessary to ensure their safety and security while they are working on the job, no matter where they are or what tasks they are performing. However, if your company, a fellow employee or another subcontractor made a poor decision and caused you to suffer an injury, it is imperative that you contact a Chicago Construction Accident Attorney immediately. In conjunction with your rights under workers compensation laws, you may be entitled to additional financial compensation for your injuries.

If for any reason that you are injured while on the job, and your injuries were the result of the negligent behavior of the company or individual you are working with, you will be required to prove that they were the ones at fault for your injuries. Because this can be so difficult to figure out, it is vital for you to employ the services of an experienced Chicago construction accident attorney. They will know exactly what steps to take that will uncover all the evidence in your case that proves the fault of your company or another individual. They will also be able to unearth any safety violations, supervision inaccuracies, OSHA violations and more. There are so many different types of construction accidents that could take place, and many of them result in catastrophic consequences, including fatalities. This makes it that much more imperative for a thorough and objective investigation of your accident take place. In this manner, all of the evidence available can be documented and preserved.

Although you are legally entitled to workers compensation benefits under Illinois law, there still may be certain situations where you might be able to pursue additional financial compensation outside of workers compensation claims. The only way to know for sure if you have additional claims for compensation under the law is to speak with a Chicago construction accident attorney. They will be able to tell you what your rights and obligations are under the law, as well as tell you what other legal avenues you may be able to take in your pursuit of justice. In this manner, you can rest assured that your Chicago construction accident attorney will be standing up for you, your rights and your privileges under the law, not anyone else’s. You have suffered enough from your injuries, pain, suffering, lost wages and more. Do not suffer any further hardship, …

Kendall Myers: Life in Prison for Cuban Spy

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A judge of the U.S. District Court handed down sentences for Kendall and Gwendolyn Myers, a married American couple that were spy’s for Cuba. Kendall Myers is the son of a heart surgeon, grandson of the National Geographic Society’s President and great grandson of Alexander Graham Bell, the inventor of the telephone. Myers was born into a family of great riches and opportunity, went to college at Brown University and earned a Ph.D. from Johns Hopkins University.

In 1978 Kendall visited Cuba for two weeks and was soon recruited by a Cuban intelligence agent. He spied for 30 years from his jobs inside the State Department. He first worked at the State Department’s Foreign Service Institute and later at the department’s Bureau of Intelligence and Research. In 1985, he received a “top secret” security clearance giving him a right of entry to confidential information every day. U.S. investigators were made aware of the existence of a Cuban spy in 2006. The FBI tracked down Myers, then launched a sting operation that brought the couple down.

The two were arrested in June 2009 after meeting several times with an undercover FBI agent to whom they disclosed their actions for Cuba. Those meetings were caught on audio and video tape. Myers told the undercover FBI agent he usually took information from the State Department by committing to memory or writing down observations, and in some circumstances he actually took classified documents home. Gwendolyn Myers said she would process the information to be delivered to their Cuban spy intelligence handlers.

Last November Kendall Myers, 73, and his wife Gwendolyn Myers, 72, pleaded guilty to spying for Cuba. Myers was sentenced to life in prison without possibility of parole, his wife got a sentence of more than six and a half years minus the 14 months she already has served. As part of their sentence the couple also agreed to pay back to the government more than $1.7 million, which was Myer’s estimated salary over the years while working for the U.S. government.…

"Espionage Management" Part 2. Mikhail Kryzhanovsky, KGB and CIA

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Special tools

3.1 Surveillance

  Actual espionage is not what you see in the movies and you have absolutely no chance of evasion if a real professional surveillance crew is following you. Why? Because they use multiple methods and mixed methods.

I. Physical surveillance.

3.1.1 Methods

1. “One line” – officers follow the object forming a line behind him and passing him one by one.
2. “Two lines” – officers form two lines on both sides of the street.
3. “Circle” – officers block the area and start searching (used in case they lose the object).
4. “Fork” – one officer (a car) moves in front of the object, another one — behind, other officers (cars) move along parallel streets.
5. “Box” – used when the object enters supermarket, hotel, restaurant. One or two officers follow the object, the others wait for him at the exits.
6. “Demonstration” – officers demonstrate their presence to press the object and lower his activity.
7. “Provocation” – officers attack the object, beat him, steal (secret) documents. Often used to lower his activity if he’s trying to play James Bond.
8. “Outstrip” – officers do not follow the object because they know exactly where he’s going.
9. “Football” – officers pass the object to each other (car — a group — bicyclist — car…)
10. “Movie” – the crew watches the object in stages: first day — to the subway only, second day — from subway to his office, etc. (used abroad). The crew has to have a female member if they are watching a woman (she could use the ladies room for a secret meeting) and members of various ethnicities (white, black, Latino) because the object could go to a specific ethnic area.

3.1.2 If you’re the object and you’ve noticed surveillance:

Don’t rush, move at the same speed.
Relax at the nearest bar (and relax the crew).
Don’t show how professional you are by trying to disappear, otherwise they could intensify surveillance or even neutralize you (smash your car, beat you up).
Postpone the operation you were engaged in .
Use a “draught” if you need to see your agent no matter what. Change lanes (if you are driving), stop the car and then drive left or right.

If you don’t see surveillance, that means either there’s no surveillance or you’ve failed in counter-surveillance. Discreetly watch the agent who’s coming to meet you and try to detect any possible surveillance; or you may have been “outstripped.”

3.1.3 Surveillance crew mistakes:

The same crew follows the object all day long.
The object “rules” the crew and calculates it (he moves faster — the crew moves faster).
A crew member is too noticeable (unusual dress, haircut, disabled parts of the body, too fat or too skinny, too ugly or too pretty).
The crew starts to search possible hiding places for espionage evidence right after the object leaves (and he may be watching).
The crew leaves traces after a secret search of the object’s house (office). …

Roundtable Debate: UK Public Sector Shared Services – Where Now and Where Next?

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Sharing services has risen up the agendas of the UK’s national and local governments in recent years, propelled by political and financial trends as well as by more concrete factors such as Sir Peter Gershon’s 2004-5 Efficiency Review and Sir David Varney’s report on transformational government. In an attempt to throw some light on recent developments and to examine where shared services may be headed in future, SSON convened a roundtable debate involving a group of practitioners and advisors at local and national level, chaired by SSON’s online editor Jamie Liddell. The results were, indeed, illuminating…

Attending were:

Tony Isaacs Programme Manager Warwickshire Direct Partnership The Warwickshire Direct Partnership is an alliance comprising all six local authorities in the county of Warwickshire: North Warwickshire Borough Council; Nuneaton & Bedworth Borough Council; Rugby Borough Council; Stratford District Council; Warwick District Council; Warwickshire County Council; and three private-sector partners in Steria, MacFarlane Telesystems and Northgate Information Systems. The partnership includes a shared services programme relating to its CRM [citizen-relationship management] system. For more information see www.thewdp.org.uk

Dominic Swift Head of Shared Services Browne Jacobson Browne Jacobson is one of the largest law firms in the Midlands with offices in Nottingham, Birmingham and London. The firm acts for over 100 local authorities, either directly or through their insurers. It recently published its Shared Services Survey ’08, one of the most comprehensive surveys ever carried out into shared services in the UK. For more information see www.brownejacobson.com

Peter Telford Chief Executive Officer Research Councils UK Shared Services Centre Research Councils UK (RCUK) is a strategic partnership between the seven UK Research Councils. RCUK was established in 2002 to enable the Councils to work together more effectively to enhance the overall impact and effectiveness of their research, training and innovation activities, contributing to the delivery of the Government’s objectives for science and innovation. For more information on the RCUK Shared Services Centre see http://www.rcuk.ac.uk/aboutrcuk/efficiency/sharedservices

Ray Tomkinson Local Government Improvement Specialist and Shared Services Author Ray Tomkinson is the author of Shared Services in Local Government: Improving Service Delivery (Gower, 2007). Ray managed the Welland Partnership shared services project and currently operates as a consultant.

SSON: Peter, you’re at the head of one of the more prominent national shared services centres [SSCs]. Can you explain a little about the drivers behind the move in your organisation?

Peter Telford: Behind the Research Council’s business case are benefits focusing on what are seen as financial gains which will be passed back to research and the research community, but probably more importantly in the early stages is the feeling that we can secure better effectiveness in business support to that research community by aggregating the seven Research Councils’ services onto one common platform, and transforming them. The business case started with an outline about two years ago. There was a lot of work done on certain parts of the shared service model even before that, but the activity’s really come together in the last two years. The full business …