J. Robert Mortland III, Esq.

San Francisco and San Jose DUI Lawyer & Traffic Ticket Attorney. Call for free legal advice (510)463-1643

Many of my readers know me on a more personal level and know that one of my loves in life is music. I tend to listen to more punk rock and indie music and many of the bands write about social issues. I wanted to share a video from the band Brand New which is actually just the lead singer, Jesse Lacey, telling a true story about a DUI which inspired the song Limousine. The story is about a DUI driver and the death of a girl… <p> 

(Source: bobmortland.com)

Marijuana from the Government to Old Lady

In Eugene Oregon a state trooper pulled over a passenger and found marijuana. This did not surprise anyone, not even the troopers. However, the shocking news was when the 72 year old woman stated that she was not guilty of anything because the weed was completely legal and was given to her by the United States Federal Government.

The trooper was intrigued and decided to look into what was being said. He completed a series of phone calls along with his supervisor to the US Government. They discovered that the lady was telling the truth. More specifically they found that the United States Government grows and provides marijuana to a select few people in the U.S.

In addition to the marijuana that the Government grew for the 72 year old lady above, the US has bee providing marijuana as part of a program stemming from a 1976 court settlement which created the country’s first medicinal marijuana patient. The program, at one time, provided 14 patients with marijuana but they are down to 4 patients as of now.

With the war on drugs and the increased pressure on medical marijuana establishments in San Jose and the Bay Area is a glaring contradiction to what the US government is doing themselves. However, Government officials counter by stating that the program is no longer accepting any new patients to the program because authorities concluded that there was no scientific value to the program, Steven Gust of the U.S. National Institute on Drug Abuse explained to The Associated Press. The US government has only continued to supply the marijuana “for compassionate reasons,” Gust said.

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(Source: bobmortland.com)

California Increase in Cell Phone Tickets- Los Angeles and Bay Area…

The San Francisco Chronicle reported on their website (SFGATE.com) some interesting statistics concerning traffic tickets issued in the bay area as well as issued in all of California. This information always catches my attention, being a California traffic ticket attorney. The newspaper reported that California Highway Patrol officials issued about 30,000 tickets for people using their cell phones or other electronic devices while driving. (A violation of California Vehicle Code section 23123.) Now those 30,000 people are facing tickets that come out to around $190 depending on the county you are in. The fees can vary slightly from Alameda County to Santa Calra County, and even up to San Francisco.

The CHP issued a statement regarding the tickets where Sgt. Diana McDermott (CHP Spokeswoman) stated that the tickets were issued in the month of April during part of a campaign to stop distracted drivers. (I wrote an earlier blog called “Distracted Driving” but I think wordpress deleted it somehow but you can google it and find it on one of my other blog sites.)

Of the 30,000 tickets issued last month for cell phone violations, about 5,900 were handed out to San Francisco Bay area drivers.

Officials want to remind drivers that it is illegal in California to use a cell phone while operating a motor vehicle, unless the phone is being used in hands-free mode, or during an emergency. Texting or reading a message on a cell phone or using an electronic device to communicate while driving is also prohibited. Further, these laws will be looking at stiffer penalties in the years to come. It is a good idea to learn how to stop using these things just like everyone learned how to wear a helmet and buckle up.

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Stop Hate.

Hate crimes are possibly the most upsetting to me because there is absolutely no reason why they should ever transpire. I am a very open minded person and I believe that we should live and let live. Life is precious and it is senseless to attack others for something that they cannot change.

Last weekend a transgendered woman was shot and killed for nothing more than her gender identity. It has not yet been confirmed that the crime was a hate crime but friends of the woman are certain that this is the motive behind the shooting of 37 year old Hayward resident Brandy Martell (Milton Massey Jr.) The 37 year old victim from Hayward was shot while sitting in her parked car at the intersection of 13th and Franklin streets at around 5 am on Sunday, as stated by Oakland Police.

The Alameda County medical examiner identified the victim as Milton Massey however, Tiffany Woods, a co-worker of the victim, explained that Massey identified herself as a woman and went by the name of Brandy Martell. Before the shooting, Martell was with three other transgender women in the same area, which is a common gathering place for transgender women who feel unwelcome at other establishments in the East Bay.

Tiffany Woods stated that witnesses had told her that Martell and the others were approached around 3 in the morning by two men who tried to lure them to another location. Martell and her friends talked to the men for a short while and then explained that they were transgendered. Once they explained their gender identity, the man left without further conversation.

The men are alleged to have returned, shot Brandy Martell, and left the scene. Oakland Police responded to the scene and found Martell dead in her vehicle. No one else was injured and no arrests have been made yet. The police have not yet classified this case as a hate crime but they are looking into it.

The reason I write this post is to further shed light on hate crimes in hope that they will stop. Bringing the issues to light can help with our awareness of the problem and allow us to move forward as a more accepting society. However, until these problems are exposed, there will be no progress. It is absolutely devastating that a life was lost and I hope that as a society we can learn from this tragedy and move forward.

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Mayday! Occupy San Francisco do Something Stupid… Again…

Today is May 1, 2012. The first of May is also commonly known as Mayday due to US history. This morning the Mission District in San Francisco woke up to broken glass, vandalized cars, and much more destruction that included a the Mission Police Station. This is the kind of behavior that makes the Occupy movement look like ignorant thugs. The fact that they targeted vehicles and small businesses in the mission only distorts their political message and mounts hardworking 99%ers against them. The cars that were vandalized belonged to hardworking middle class San Franciscans, not the 1% which the Occupy movement claims to target.

The vandals were in a small group that marched from Dolores Park just before 10 in the evening on Monday April 30, 2012. The vandals were said to have just left a rally which was in place to discuss what would happen on mayday. Police said that the vandals traveled down 18th Street and onto Valencia Street while wearing black masks and all black clothing. As they marched, the masked protesters smashed windows with crowbars, tore down signs, threw paint on buildings, and spray painted anarchy symbols on the hoods of several parked cars along the way.

"All I heard was, ‘bang, bang, bang,’ and some dude had the valet sign, trying to break our window," said Adam Koskoff, a manager at Locanda restaurant on Valencia Street. "I didn’t even see the crowd, and I ran outside and got egged."

The idiots threw paint, eggs, and rocks. They smashed windows at more than 30 businesses; which included Tartine Bakery at 18th and Guerrero streets as well as a clothing store Weston Wear on Valencia Street. In addition, both luxury and everyday vehicles along Valencia were damaged with crowbars, spray paint, rocks, and eggs. Most notably, an Aston Martin had its windshield shattered, and brown spray paint covered the hood.

The small group of vandals even attacked the Mission Police Station at 17th street and Valencia. More specifically, Pink and yellow paint marred the barricaded and pellet guns cracked glass doors of the station. “It was like the station was under siege,” said an officer, who asked not to be named at this time. Mission station Capt. Robert Moser said the vandalism had “unfolded quickly,” and that someone had taken a hammer object to the front station doors.

After all was said and done, one lonely person was arrested on suspicion of a vehicle code violation and resisting arrest. However, he was cited and released. Many business owners said that given the extent of the destruction, more vandals should have been arrested and asked to pay restitution for the damage.

J.H. Kostelni of Farina restaurant on 18th Street said he had seen police cars at the front and the back of a group of about 30 people who threw paint and eggs at his windows and overturned his outdoor tables. “It looked like police were escorting them,” Kostelni said. “They didn’t stop them.” When the police were asked about the criticism of their lack of control, Capt. Moser stated that “We wanted to ensure we had enough personnel for public safety and for the safety of our officers.”

About 15 officers in full riot gear stood in front of the Mission police station Monday night, as other officers moved up and down the street, documenting the damage, leaving cards on defaced cars and speaking to business owners about the damage.

Jeremy Tooker, the owner of Four Barrel Coffee Company, was wiping paint off his store’s windows as broken glass crunched beneath pedestrians’ feet. He said a good friend had alerted him of the damage to his store after stopping a protester from smashing the glass storefront with a crowbar while taking a hit to his arm. “This just seems like they’re frustrated with their impotency at this point,” Jeremy Tooker said. “It’s like, ‘Look at me, I’m still here, I’m still occupying.”

It is important to note that, although the march sprang from a rally for an Occupy protest, other Occupy movement protesters shunned its participants as outliers. Many business owners, however, said Occupy bore responsibility for the damage to their companies. “Occupy is saying it’s not them, but we wouldn’t be here if it wasn’t for Occupy, now would we?” Michelle Horneff Cohen, a real estate broker, said as she shivered next to the broken window of her workplace. She went on to explain that she had been dragged out of bed to deal with the destruction. Although her company has insurance, she said, it will have to pay for much of the cost of repairs. “I think it’s bulls—,” Horneff-Cohen said. “We are the 99 percent, and this is bulls—.”

Call us if you got caught doing something wrong, ticket, expungement, DUI, drugs… 510-463-1643

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(Source: bobmortland.com)

Criminal Defense News and Info: City Nightlife Stifled by Harsh DUI Enforcement

newscriminaldefense:

Known by many as the American Riviera, Santa Barbara is a great getaway for many as well as a bit of paradise for many that live there. While the city has almost anything you could be looking for, it is not without faults. Law enforcement is always looking to keep peace in the area and guard…

(Source: bobmortland.com, via newscriminaldefense-deactivated)

Abolish the Death Penalty in California left to Voters

Should we abolish the death penalty? Personally, I have major issues with the death penalty. However, I would like to take an attempt to look at capital punishment in an economic light instead of bringing morality into the equasion. As of today, more than 100 nations and, after Wednesday this week, 17 states have abandoned the death penalty as an unworkable legal struggle. On Monday, the California Secretary of State declared that an initiative that would replace California’s death penalty with life imprisonment (LWOP) qualified for the November ballot. Since the issue is on the ballot for California voters, it begs the question if California will be the 18th state to abolish capital punishment in favor of life imprisonment without the possibility of parole? We do not have to answer this question right now; all Californians will get to answer this question in November. <P>

<a href=”http://bobmortlanddotcom.files.wordpress.com/2012/04/lethal-injection.jpg”><img src=”http://bobmortlanddotcom.files.wordpress.com/2012/04/lethal-injection.jpg” alt=”” title=”lethal injection” width=”300” height=”224” class=”aligncenter size-full wp-image-345” /></a><p>

A University of California professor at UC Berkeley School of Law, Franklin E. Zimring, writes that no state or nation ended state execution because of a popular vote, and predicts the initiative will ultimately fail. Since no state or nation has ended execution due to a vote, Zimring stated that only when political leaders take up the cause to end a policy that both opponents and proponents agree is not working, will California end its 34-year death penalty. I find it interesting that no state has ever ended execution through a vote but I also understand that the past does not dictate what will happen in the present. I hope that the California voters will see how much money is wasted on capital punishment and will vote to end such scrupulous spending given our current economic state. <p>

In the state of California, there are now 720 condemned convicts on Death Row, this number far exceeds any other state in history. However, the state has only executed only 13 since the death penalty was re-instated in 1978. The policy has cost the state upwards of $4 billion dollars as convictions are prosecuted and mandatory appeals are granted. California’s last execution was 76-year-old Clarence Ray Allen, who was killed by lethal injection in 2006. A federal court judge declared a moratorium on executions in California in 2006 after questions were raised concerning the lethal injection process. The moratorium is expected to extend until 2013. <p>

The reason for instating the death penalty in California is attributed to the rising homicide rate in the state proceeding adoption of the death penalty. Homicides, which have averaged about 2,400 a year for the past three decades, are now at 50-year lows, as is violent crime in general. In 2010, California reported 1,809 homicides, which is 4.9 per 100,000 residents. The reasons for the rate dropping can be debated. <p>

Advances in DNA testing has revealed that many death row inmates were not guilty of the crime for which they were convicted. With the element of doubt interjected into the process, public opinion on the death penalty has shifted. A poll last year saw a rise in voters who favored life without the possibility of patrol over the death penalty given the recent exonerations and the cost of prosecuting death penalty cases. <p>If you get caught stealing a bible, you may need an attorney. Contact my office today and we can help get your charges down to a minimum. I have been very successful in getting misdemeanor petty theft charges down to infractions pursuant to penal code section 490.1. Give us a call and we can start building a defense for your case. <p>

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(Source: bobmortland.com)

Trayvon Martin Homicide Charges

Looks like the media attention that this case gained has ended with charges being brought. The Neighborhood watch volunteer George Zimmerman has been arrested and is now facing second-degree murder felony charges in the shooting of 17 year old Trayvon Martin. This news was relayed by a law enforcement official to The Associated Press Wednesday (April 11, 2012) afternoon.

The official with knowledge of the case stated that the charge against mr. George Zimmerman will be announced at a news conference by the special prosecutor assigned, Angela Corey, at 6 pm tonight Wednesday April 11, 2012. The official state that the 28 year old defendant from Sanford is in custody in Florida but they have not stated exactly where to prevent any issues.

Just a short bit of news. The media will surely play this story over and over. The rest is me promoting myself- ignore it unless you need a lawyer too.

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San Mateo DUI/ DWI and expungement Attorney Bob Mortland is a solo practitioner attorney in the Peninsula. Mr. Mortland is a San Mateo DUI, San Mateo Traffic ticket, San Mateo Expungement, Redwood City DUI, Redwood City Traffic Ticket, Redwood City Expungement, San Carlos DUI, San Carlos Expungement, San Carlos Traffic Ticket, Menlo Park DUI, Menlo Park Traffic Ticket, Menlo Park Expungement, Peninsula DUI, Peninsula Expungement, Peninsula Traffic Ticket, Foster City DUI, Foster City Traffic Ticket, Foster City Expungement, Criminal defense Lawyer, Criminal Attorney. http://www.sanmateoduilegal.com/ Palo Alto DUI lawyer

(Source: bobmortland.com)

Heroin Show and Tell at Kindergarten.

Police in Bridgeport Connecticut have made an arrest after a 5-year-old boy brought around 50 packets of black tar heroin to school for show and tell. The police have arrested his stepfather for the show and tell spectacle.

The young boy went to his kindergarten class on Monday with his stepfather’s jacket and pulled out the 10 small baggies of drugs just before he was going to present for show and tell. The child’s teacher grabbed the bags away from the 5 year old boy, and the principal called local police.

The boy’s stepfather, 35 year old Santos Roman, was placed under arrest after arriving at his stepson’s elementary school. Mr. Roman came to the school to pick up his stepson. He saw his jacked in an empty classroom and he grabbed it and tried to run out of the school, as reported by police spokesman Keith Bryant. He said police, who had already seized the drugs, then took Mr. Roman into custody. Mr. Roman was being held on $100,000 bail on charges of risk of injury to a minor and drug charges. The police are not sure yet if he has a lawyer yet. Police also stated that the drugs at show and tell had a street value of around $500.

The boy was put in state custody until other relatives could be located.

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San Mateo DUI/ DWI and expungement Attorney Bob Mortland is a solo practitioner attorney in the Peninsula. Mr. Mortland is a San Mateo DUI, San Mateo Traffic ticket, San Mateo Expungement, Redwood City DUI, Redwood City Traffic Ticket, Redwood City Expungement, San Carlos DUI, San Carlos Expungement, San Carlos Traffic Ticket, Menlo Park DUI, Menlo Park Traffic Ticket, Menlo Park Expungement, Peninsula DUI, Peninsula Expungement, Peninsula Traffic Ticket, Foster City DUI, Foster City Traffic Ticket, Foster City Expungement, Criminal defense Lawyer, Criminal Attorney. http://www.sanmateoduilegal.com/ Palo Alto DUI lawyer

(Source: bobmortland.com)

Urinate on Chairs, Get Arrested…

This article made me laugh at the absurdity from the Associated Press from West Des Moines, Iowa:

An IT (information technology) employee was accused of urinating on a colleagues’ office chair in Iowa. The accused has since turned himself in to the police for his actions. 59 year old Raymond Foley surrendered to the local police on Saturday this week.

The Des Moined Register is reporting that Mr. Foley is possibly facing a charge of second degree criminal mischief. In California, he would likely be facing a charge for misdemeanor vandalism. Mr. Foley was contacted by the Associated Press on Tuesday but he did not comment on the exact specifics. Mr. Foley only stated that he no longer works at the Farm Bureau office in West Des Moines, Iowa.

Police have reported that some co-workers complained of stains on office chairs. After the complaints were heard, the camera surveillance footage of the area was located and Mr. Foley was caught in the act on camera. Police went on to report that Mr. Foley would look up employee photos in the agency computer database and would then go into the office during closed hours and urinate on their office chairs. The total chair damage is estimated around $4,500. That’s a lot of chairs! The moral of the story: don’t urinate on chairs, especially when all of your moves are being videotaped. Mr. Foley is going to have a tough time fighting these charges in court and will likely have a difficult time finding a new job given his history of urinating on chairs.

Did you get a caught urinating on something? get a ticket? get a dui? Call for free consult 510-463-1643

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San Mateo DUI/ DWI and expungement Attorney Bob Mortland is a solo practitioner attorney in the Peninsula. Mr. Mortland is a San Mateo DUI, San Mateo Traffic ticket, San Mateo Expungement, Redwood City DUI, Redwood City Traffic Ticket, Redwood City Expungement, San Carlos DUI, San Carlos Expungement, San Carlos Traffic Ticket, Menlo Park DUI, Menlo Park Traffic Ticket, Menlo Park Expungement, Peninsula DUI, Peninsula Expungement, Peninsula Traffic Ticket, Foster City DUI, Foster City Traffic Ticket, Foster City Expungement, Criminal defense Lawyer, Criminal Attorney. http://www.sanmateoduilegal.com/ Palo Alto DUI lawyer

(Source: bobmortland.com)