Law Offices of Jonathan Franklin: January 2014

Friday, January 31, 2014

#Drug #DUI Attorney Can Help You With The Legal System in the Los Angeles Area #Checkpoints

Newsflash from your Hollywood Attorney:

1st UP: DUI Checkpoint within Southern California Area
Bellflower 6pm-1am Undisclosed Location
CostaMesa 8pm-3am Undisclosed Location
Inland Empire Apple Valley 6pm - 2am Undisclosed Location
Norwalk 6pm - 1am Undisclosed Location

Los Angeles DUI AttorneyGetting arrested for driving under the influence in California can feel like the worst thing that has ever happened to you. However, it is only the beginning. Being arrested in California for a DUI starts a series of legal events that starts with the arrest and booking process and can end with a hefty fine, the suspension of your driver’s license and possibly even jail time. If this is not your first offense, the penalties for subsequent arrests become much more severe.

When faced with a possible DUI conviction, it is of the utmost importance to retain an experienced Los Angeles DUI attorney as soon as possible. A qualified attorney will take the necessary steps to preserve your rights while you work through the process. By California law you must schedule a DMV hearing within 10 days of the DUI arrest. If this hearing is not scheduled within 10 days you will lose your license. In the first stages of the process, your attorney will have the opportunity to enter a pre-trial motion to dismiss the charges in their entirety. That is one of the reasons acquiring one of the DUI lawyers Los Angeles residents depend on is so important. Quick action can be helpful in the legal system.

If you or a family member has been arrested in southern California for any of the offenses below, call a Los Angeles DUI lawyer as soon as possible.

• First-time DUI
• Felony DUI
• DUI with injuries
• Driver’s license suspension and restoration
• Hit-and-run
• Traffic violations

Students and DUI Convictions
You are at a particular disadvantage if you are a college student at UCLA, USC, or any other local college or university in the Los Angeles and the Southern California area, and are arrested for DUI. Underage students arrested for DUI not only face potential fines and jail time but also may find it difficult to obtain a driver’s license and, if intoxicants are found in your vehicle, you may lose your scholarship or other financial aid and become ineligible to receive aid in the future.

Positive Outcomes are Possible in Los Angeles DUI Cases
A successful defense can be achieved regardless of your blood-alcohol level. There are many factors that a qualified DUI attorney can build a successful defense on. For instance, the arresting officer may have used poor judgment and not had probable cause to stop you. Additionally, the machine used to evaluate your level of intoxication may not have been calibrated correctly or the staff member administering the test may have not conducted the test properly. This holds true for field sobriety tests as well.

Look for a lawyer who knows when a DUI case should go to trial and when a plea agreement may be the better alternative. The goal is to get your life back on track, and sometimes a plea agreement can be the best way forward.

At the Law Offices of Jonathan Franklin, this former prosecutor will complete a thorough investigation and will have all of the facts in order to provide you with a vigorous defense. For a free initial consultation with the Law Offices of Jonathan Franklin, call 310-273-9600.

More Information... http://www.jonathanfranklinlaw.com

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Thursday, January 30, 2014

Returning home from a Police Convention Chief of Police Shane Harger Harassed and Placed on Leave After Signing Pledge to Uphold Constitution at Convention

Newsflash from your Hollywood Attorney:

A police chief was detained and harassed by federal agents while traveling to a constitutional convention before returning home to be told he was being placed on administrative leave and ordered to disband his police department after signing a pledge to uphold the bill of rights.

Police Chief Shane Harger of the Jemez Springs, NM Police Department was flying out of Albuquerque Airport last week on his way to a Constitutional Sheriffs and Peace Officers Association (CSPOA) convention taking place in Las Vegas. CSPOA is an organization headed up by Sheriff Richard Mack under which law enforcement officers gather to re-affirm their commitment to uphold and defend the Constitution.

Before passing security, Harger was approached by a TSA agent who asked the police chief to show his credentials. Moments later, a man claiming to be a “federal agent” also asked to see Harger’s credentials before telling him he was a “person of interest.” The federal agent then demanded to know where Harger was traveling to and why.

When Harger told the federal agent he was attending the Constitutional Sheriffs and Peace Officers Association Convention in Las Vegas, he was detained for 35 minutes before finally being allowed to board the airplane.

On Tuesday January 28, a day after his return, Harger was placed on administrative leave and ordered by Sandoval County, NM, Sheriff Douglas C. Wood to disband his entire police department due to his “political affiliations”.

While attending the convention, Harger, along with 38 other police officers, signed a declaration affirming their pledge to “obey and observe” the U.S. Constitution, in addition to refusing to carry out unconstitutional orders such as gun confiscation without constitutionally compliant warrants, violations of the 4th amendment without probable cause, detainment or incarceration of citizens without probable cause, or working with the military for domestic law enforcement.

In other words, Harger was targeted for federal harassment and subsequently suspended for re-affirming his belief in the very Constitution he took an oath to uphold and protect in order to become a police officer in the first place.

“Despite having received a meritorious commendation from the Mayor of Jemez Springs on January 22, 2014, it seems that no one in the village government is willing to come to the assistance of Harger. It appears that Harger’s stance to defend and uphold the Constitution has put him and his entire department of ten part-time and volunteers out of business,” writes Vincent Finelli.

“I was at the convention and I never saw nor heard anyone say nor do anything that was a violation of any law. The CSPOA convention was an assembly of peace-loving Americans who just wanted to uphold their oath of office, that being to support and defend the US Constitution and Bill of Rights for all of us, We The People,” adds Finelli.

The 38 others who signed the document may also be in trouble.

Source.... Paul Joseph Watson with Infowars.com

Wednesday, January 29, 2014

#Bieber Pleads Not Guilty in Miami #DUI Arrest and on Assault Charge in Toronto Plus Possible Deportation

Newsflash from your Hollywood Attorney:

In Miami Justin pleaded Not Guilty to DUI, Drag Racing between a Lamborghini and a Ferrari and acknowledged smoking marijuana plus taking an unknown prescription medication.

Bieber was given four alcohol breath tests, with the first two not usable because of insufficient volume of breath.

The third test, administered at 5:37 a.m., showed an alcohol reading of .014 and a fourth, at 5:40 a.m., came up at .011. Both are under the .02 limit in Florida for a driver under the legal drinking age of 21. The limit for drivers above that age is .08.

Police also obtained a urine sample from Bieber but the results of tests have not been released. If it shows the presence of THC, the active ingredient in marijuana, or certain prescription drugs, legal experts say could still be grounds for a DUI.

Another police document described Bieber as "excited, talkative, profanity, cooperative, insulting, and cocky" and noted that he had a pronounced odor of alcohol on his breath, bloodshot eyes and a flushed face. During DUI field tests, officers noted that Bieber could not walk heel-to-toe as instructed, had trouble turning without losing his balance and could not smoothly follow a moving object with his eyes.

Regarding the marijuana, one officer said he noticed a strong smell of the drug while Bieber was sitting in the back of a police car. The officer asked Bieber about it.

"Yeah, we were smoking all night at the studio," the report quotes Bieber as replying.

As for the prescription drugs, Bieber told police he didn't know what they were but they were for treatment of anxiety.

"Well, my mom takes care of all that stuff for me," he said, according to the report.

The alcohol breath tests for Sharieff, meanwhile, came up .00 and he was also gave a urine sample, according to police.

Toronto, Canada

Canadian pop star Justin Bieber has surrendered to Toronto police to face charges he assaulted a limousine driver in December.

Bieber, 19, was greeted at the station by a frenzy of television crews, news photographers - and screaming teenage fans.

He was booked less than a week after he was arrested in Florida and accused of drink-driving and other charges.

His management team have not responded to requests for comment.

On the evening of the alleged incident in Toronto, the Ontario-born pop star attended a Maple Leafs hockey game, Canadian broadcaster CBC reported.

Police officials say Mr Bieber will appear in court at a later date.

Also on Wednesday, a petition requesting Mr Bieber's expulsion from the US that was filed on a White House website by a member of the public gained 100,000 signatures.

The US president has no power to order an individual's deportation, and it is unclear whether the White House would respond to the petition.

In the early morning hours on Thursday, Mr Bieber was arrested in Miami Beach after a police officer pulled him over on suspicion he was racing a hired yellow Lamborghini on a public street.

Police estimated he and a member of his entourage who was also arrested were driving at 55mph (88.5km/h) in a 30mph zone flanked by apartment buildings, a school, a youth centre and a golf course.

Suspecting he was intoxicated, the officer arrested him. Mr Bieber was also charged with resisting arrest and driving on an expired licence.

After appearing in front of a Florida judge last week via teleconference, while wearing orange jail clothing and with his hands clasped in front of him, Mr Bieber posted bail of $2,500 (£1,500).

White House weighs petition to deport Justin Bieber

"Every petition that crosses the threshold will be reviewed by the appropriate staff and receive a response," assistant White House spokesman Matt Lehrich said.

But State Department spokeswoman Jen Psaki cautioned that the petition program "doesn't always determine a step will be taken, it's more of another opportunity for the voices of the American people to be heard."

Sources..... http://www.myfoxla.com and http://www.bbc.co.uk/news and http://celebrity.yahoo.com/news/petition

Saturday, January 25, 2014

California: Future Drug Testing at Checkpoints

Newsflash from your Hollywood Attorney:

Police and prosecutors are focusing on prevention of inpaired drivers and drug testing (cheek swabs) may become part of the future.

Under state law, police can stop drivers briefly at checkpoints, without any probable cause, to check for alcohol use if a supervising officers are on site. Regarding the time and duration of the stop is used in good judgment and minimal duration of time. Checkpoints have to be publicly advertised in advance.

In December it was voluntary for Los Angeles police to ask for a cheek swab to check for drug substances, legal or illegal. It is against the law to drive impaired under any substance such as prescription pills and illegal drugs. Keep in mind as it stands is unconstitutional for an Officer to force a cheek swab testing at any checkpoint without your consent at this point.

Police and prosecutors are focusing on impaired drivers where as cheek swab testing may be part of Califormia's future.

You will need an experienced attorney to handle your case. Jonathan Franklin is a former prosecutor, he knows the plan of action to take. His consultation is free, if you should have any questions, we will be glad to help.

Friday, January 24, 2014

2 in 10 Doctors Can Be Alcohol or Drug Impaired #DUI #Doctors

Newsflash from your Hollywood Attorney:

Consumer Watchdog launched a billboard publicizing a new toll-free hotline, 1-844-DOCS-DUI, calling on the public and physicians to report suspected drug and alcohol abuse by doctors. A woman harmed by her physician, who found out only later that the doctor had an alcohol abuse problem, called for transparency and reform.

The billboard says: "2 in 10 doctors will be alcohol or drug impaired. Call 1-844-DOCS-DUI to report an impaired doctor."

"The California Medical Board has estimated that 18% of doctors will have a drug or alcohol problem during their careers, yet California has no system to identify doctors who abuse substances. This hotline will give the public a place to report concerns about impaired doctors to protect patients and save lives," said Carmen Balber, executive director of Consumer Watchdog.

Tina Minasian, a Roseville woman mutilated by a doctor's negligence who is still in pain and recovering 11 years later, found out only after her surgery that her doctor had an alcohol abuse problem. The doctor, Brian West, had a history of DUI arrests, including one while on the way to the hospital to treat a patient, but avoided discipline for years through a now-defunct state program that allowed doctors to conceal abuse problems from their patients.

"I was a victim of a doctor who was addicted to alcohol but was allowed to keep his problem secret and continue practicing. Eleven years later I still suffer from the lingering effects of this surgery with excruciating pain and spitting sutures. If I would have known this information ahead of time, I would never have chosen him and I would have never gotten hurt," said Tina Minasian.

A review of six years of the California Medical Board's physician disciplinary records reveals that one in every eight involved drug or alcohol abuse by a doctor.

For example:

* Dr. Stacey Hoffmann was first convicted of driving under the influence of alcohol in 2008. In 2010, she was convicted of a second DUI, this time with her two young sons in her car. During a Medical Board investigation of the drunk driving convictions, Hoffmann admitted that she was prescribing large quantities of Norco, a narcotic combination of hydrocodone and acetaminophen, to her boyfriend. In 2011, Hoffmann inflicted third degrees burns on one of her patients while attempting to perform a medical procedure under the influence of drugs or alcohol. In August 2011, the Medical Board drug tested Hoffmann at her workplace and determined that she had been practicing medicine while impaired by hydrocodone, morphine, methadone and codeine.

* According to the California Medical Board, in March 2010, Dr. T.J. Maroon, a Sacramento-based anesthesiologist, took a one-week leave of absence after he was observed to be high while administering anesthetics to pre-operative surgery patients. He was not drug tested, and was allowed to return to work. Two months later, Maroon was again observed administering anesthetics while high on Demerol. One of Maroon's patients awoke from anesthesia before his surgery had begun. Maroon refused to undergo drug testing. He later admitted his Demerol use.

* In 2011 and 2012, staff at Lodi Memorial Hospital were slow to respond to evidence that a physician was inhaling commercial solvents in his office during work hours. Dr. Peter Hickox's drug use was first noticed by a janitor, who found suspiciously large numbers of discarded vials in Dr. Hickox's trash. The janitor alerted Hickox's managers on three different occasions over many months before the hospital finally acted to suspend Hickox's privileges in February 2012.

Consumer Watchdog will collect and investigate reports made to the hotline, and work with callers to submit formal complaints to the California Medical Board and the suspected physician's place of employment where appropriate. Again that number is: 1-844-DOCS-DUI or 1-800-362-7384.

Source....digitaljournal

Thursday, January 23, 2014

In Court L.A. Officers’ Stories Dramatically Different from Ex-Universal Exec

Newsflash from your Hollywood Attorney:

The two police officers involved in the excessive force case involving Brian Mulligan took to the stand on Wednesday to testify in the civil lawsuit brought against them and the city of Los Angeles by the former co-chairman of Universal Pictures.

Both L.A. police officers -- James Nichols and John Miller -- told a similar story of what happened in northeast Los Angeles on the night of May 15 and the morning of May 16, 2012, but it was dramatically different to what the investment banker said happened during his own testimony Tuesday and Wednesday before Judge Gary Klausner.

Mulligan has claimed he was the victim of excessive force resulting in both his nose and his shoulder blade being broken, and is seeking $20 million in damages.

He has also claimed the police officers told him they were going to shoot him up with heroin to kill him. Mulligan had admitted he used a drug known as bath salts just four days before the incident.

First to the stand was Nichols, who has since been suspended from duty. Mulligan's attorney, Skip Miller, has said that the LAPD knew or should have been aware of sexual assault allegations against Nichols prior to the alleged incident. The city has claimed the 2010 complaint was investigated but not substantiated. However, there is a disciplinary hearing scheduled in the matter and the L.A. City Council has allocated more than half a million dollars to pay the victim in the case.

Looking composed and in control, Nichols described the incident in detail under questioning by defense attorney Denise Zimmerman and cross-examination by Skip Miller. Zimmerman represents the city and officer John Miller, while Nichols is represented in court by Peter Ferguson.

Nichols said he and Miller were called to the campus of Occidental College on the night in question where they found Mulligan under a spotlight from a police helicopter "acting strangely."

He went on to say that Mulligan told him he had used a form of bath salts called "White Lightning" four days earlier. Nichols and later John Miller said they had never heard of bath salts and Googled it to learn that it was a drug that at the time was legal.

Nichols said he has been trained to identify whether someone has used illegal drugs or substances and he determined that Mulligan had not. He did note that Mulligan seemed agitated, talked non-stop and had an elevated pulse. Mulligan had no driver’s license or I.D. but after questioning said he did have a passport and license in his car. Nichols said he offered to lead the officers to his vehicle but at first could not say what the make was and could not find it in his confused state. Still they determined he was not a criminal and not dangerous to himself or others at that point.

As they drove looking for the car, Nichols and later Miller said Mulligan talked non-stop about his pending divorce, and said that he was an investment banker, among other things. "It was abnormal his talkativeness," said Nichols. "It was random, incoherent, in no logical order."

Both officers said Mulligan had a lot of cash on him, some in large bills, that was wadded up and stuffed in his pockets, which was later determined to be over $3,000. He refused their multiple offers, they said, to have him picked up by a family member, or by a taxi. They finally said he agreed to be taken to a nearby Highland motel.

At the motel, Miller recalled that Mulligan had a hard time focusing on filling out the registration card and threw money at the motel manager. While still in the lobby a little later, they said that they heard screaming and saw Mulligan running back yelling there was a man in his room. The policemen and manager accompanied him back to room 208 where they say Mulligan told them the man he had seen was in the drawer of a night table. They found no one there or anywhere in the room and told Mulligan to stay there and sleep it off and left.

About an hour later, Nichols and Miller were elsewhere in the area dealing with a DUI arrest along with officer Victoria Barach, who also testified in the case on Wednesday (and is scheduled to continue her testimony Thursday).

Barach said at about 1 a.m. she heard a metallic scraping noise and saw a man dragging a garbage can down the street. She pointed him out to Nichols and Miller, who recognized Mulligan and said they would handle it, leaving her to wrap up those arrested for drunk driving. Before they could get to him, Nichols and Miller testified that they saw Mulligan go out into the street and try to open a car door to steal the car. When that vehicle drove off, they say Mulligan tried another.

At that point, said Nichols, they felt Mulligan had committed several crimes – going into traffic, trying to hijack a car and more -- but then he ran off and they went in pursuit.

Nichols said he jumped out of the squad car to chase Mulligan down. He was wearing a gun and bulletproof vest, and had some chemical weapons, but said he left his baton in the car. That detail was crucial as much of Mulligan’s case hinges on his insistence that it was Nichols, who is far shorter than his partner, who struck him in the face and shoulder with his baton causing his severe injuries. Miller later admitted he did use a baton on Mulligan as they tried to get him under control, but only on his back and never on his face.

Nichols said when he called out to Mulligan to stop, the banker instead ran away. When Nichols and Miller got Mulligan between them, he was shouting and frothing at the mouth. "I felt this guy was going crazy," said Officer Miller, a 29-year old former Marine. "He's lost his marbles. I was a little scared. I’ve never seen anybody froth at the mouth before."

The banker allegedly put his arms up and made his hands into claws as he growled at them loudly; and then when trapped tried to head butt Nichols. "He charged me," said Nichols, adding: "I was afraid he would hurt me."

Both officers say they tried to calm Mulligan down by saying they were the same police who helped him earlier but he would not listen or do what they told him to do. They wrestled Mulligan to the ground and tried to cuff him but he continued to fight them off and they couldn’t get him under control, they testified. Miller put out a call for back up and Officer Barach responded. When she got there the three of them, sitting on Mulligan and kicking him in the side, finally got the cuffs on but they say he continued to struggle, flopping over as he did so and trying to bite them. "Even after he was handcuffed he tried to kick us and head butt us," said Miller, and he continued to use curse words, spit and struggle.

At that point, the officer shined his flashlight down and realized for the first time that Mulligan's face was bloody, but thought that he had hurt himself when he was on the ground. Under repeated questioning, Officer Miller said his partner did not have a baton, and he never saw Nichols strike Mulligan with his baton. He also denied ever hearing Nichols threaten to use heroin to kill Mulligan. Miller insisted they treated Mulligan with respect and followed the rules.

Earlier in the day, after Mulligan completed his testimony, the defense called Harry Smith of Houston, Texas, as an expert witness. A former emergency room doctor, he testified that Mulligan's face and shoulder injuries were consistent with being hit with a baton. The defense challenged his credentials and noted he was being paid $700 an hour to testify, but Dr. Smith kept his cool and was consistent.
The trial resumes Thursday

Source.... http://www.hollywoodreporter.com

Disney Emerged Victorious in a Trademark over Phase 4 Films the Studio that Takes Advantage of Big Hit Animated Films

Newsflash from your Hollywood Attorney:

Case in point: Disney's trademark lawsuit against Phase 4 Films, which allegedly changed the name of its movie The Legend of Sarila to Frozen Land so as to trade-off the success of Frozen, Disney's Oscar-nominated animated feature.

Less than a month after the lawsuit was filed, Phase 4 Films has given in.

The parties have settled the case with a stipulated judgment that requires that the movie go back to its original name, The Legend of Sarila.

The deal between the two companies also takes care of Disney's allegations that the defendant redesigned its artwork, packaging, logo and other promotional materials so as to mimic Frozen. Phase 4 stipulates that it won't promote its film with trademarks, logos or other designs confusingly similar. The film company also is required to make efforts to remove Frozen Land from stores and online distributors.

If that's not enough, Disney also gets $100,000 from Phase 4.

Source.... http://www.hollywoodreporter.com

#JustinBieber Arrested for #DUI, Drag Racing, #Drugs, #Pills and #Alcohol

Newsflash from your Hollywood Attorney:

Police said 19-year-old Bieber was arrested Thursday just after 4 a.m. on Pine Tree Drive and 26th Street in Miami. According to police, he was driving a yellow Lamborghini while under the influence of marijuana, prescription pills and alcohol.

Officers saw two cars racing at 4:09 a.m. Thursday, with two vehicles apparently used to block the area off, Miami Dade Police Chief Raymond A. Martinez said during a press conference. He says the second car was a red Ferrari, and that driver, R&B singer Khalil Sharief, was also arrested. Both cars were towed.

The singer was booked at Miami-Dade County jail, the Miami-Dade County Department of Corrections and Rehabilitation confirmed to FOX411. His bail was set at $2,500, and the star's mug shot was released, showing him smiling for camera.

The pop star was stopped by police because his car was going nearly double the speed limit in the residential area, and when a police officer approached the singer the officer "smelled a strong odor of alcoholic beverage" coming from the Biebs' car, Martinez told reporters. According to the arrest report, Bieber's eyes were bloodshot and he had "a stuper look on his face."

The singer made statements admitting to drinking beer and smoking marijuana and taking prescription pills, and he is also charged with non-violently resisting arrest, Martinez said,

"At first he was a little belligerent.. using some choice words, questioning why he had been stopped," Martinez explained. Once at the station, Bieber was cooperative, but he also had an expired driver's license from Georgia, Martinez added.

Bieber told police he had been recording music at a studio prior to his arrest, his arrest report states.

The street where police say Bieber was racing is a palm-tree-lined residential area in mid-Miami Beach. The star was traveling approximately 55 to 60 miles per hour, Martinez said. The speed limit on Pine Tree Drive is 30 miles per hour.

Under Florida law, people under the age of 21 are considered driving under the influence if they have a blood-alcohol content of .02 percent or more - a level he could reach with one drink. For 21 and over, it is .08 percent.

For a first DUI offense, there is no minimum sentence and a maximum of six months, a fine of $250 to $500, and 50 hours of community service. For anyone under 21, there is an automatic six-month license suspension.

First offense of a drag-racing offense nets a sentence of up to six months, a fine of $500 to $1,000, and a one-year license suspension.

Reps for Bieber and his mother, Pattie Mallette, did not immediately return FOX411's request for comment.

Source.... http://www.foxnews.com/entertainment/

Tuesday, January 21, 2014

James Cameron Wins 3 for 3 "Avatar" Lawsuit

Newsflash from your Hollywood Attorney:

On Friday, Cameron went three-for-three in defending these lawsuits after a Maryland judge denied a $1 billion copyright claim from Bryant Moore, who alleged that Lightstorm had infringed two of his screenplays, Aquatica and The Pollination.

Moore survived longer than Gerald Morawski, whose lawsuit was rejected last February, as well as Eric Ryder, whose lawsuit was dismissed last October, but ultimately Moore suffered the same fate as these other plaintiffs. U.S. District Judge Roger Titus determines in a summary judgment ruling (read here) that there's not enough similarity in Moore's works, and that Cameron's company presented a strong case for independent creation.

In his lawsuit, Moore alleged that Lightstorm had perhaps gotten his screenplays in the mid-1990s from a production assistant who worked on the set of Cameron's True Lies. Moore said that Lightstorm may also have gotten access via a Fox Broadcasting employee who was also given a copy of his work. Moore also submitted his works directly to a development executive at Lightstorm in 2003, but the judge says that was "insufficient to infer access by everyone at the company."

Nevertheless, the ruling largely turns on whether there was substantial similarity between Moore's two screenplays and Avatar.

"Even at the highest level of generality, the plots of the works at issue here are quite different," writes Judge Titus. "Avatar is about a paraplegic ex-Marine, Jake Sully, who takes over a genetically engineered avatar body to study the indigenous people of the planet Pandora. … Pollination is a story about two warring groups of humans: pollinators and descendants. … Aquatica is an underwater adventure story about two warring factions, one of whom is a ruthless evil tribe attempting to dominate the planet."

The judge notes "certain limited commonalities" like love affairs in a sci-fi futuristic setting and the main characters' transitions from scientist to warrior but writes that these elements are too broad to be eligible for copyright protection. Same goes for large forest settings and a 3D representation of terrain in a futuristic battle movie.

After shooting down Moore's claims of substantial similarity in plot, setting, characters and mood -- as well as claimed "literal similarities" like "upside down trees with plants growing out of them" -- the judge talks about Cameron's independent creation.

"Cameron submitted a comprehensive declaration that specifically addresses Moore’s allegations and points to past projects and other sources of inspiration from which he drew in writing Avatar," writes the judge. "For example, he discusses how a story he wrote in college addressed the issue of 'transitioning from a disabled body' which inspired Jake Sully’s handicap. He introduced a sketch he drew in high school of a large tree on which he modeled the 'hometree' in Avatar. He also, for example, claims that a film he worked on in the 1970s, Xenogenesis, featured a similar setting to that in Avatar (willow-like trees, blue and green bioluminescence, etc.). Cameron’s detailed declaration and accompanying exhibits are persuasive."

Source.... http://www.hollywoodreporter.com

Friday, January 17, 2014

Google Glass Owner Beats #Traffic #Ticket in #California #LosAngelesAttorney

Newsflash from your Hollywood Attorney:

A San Diego traffic court threw out a citation Thursday against a woman believed to be the first motorist in the country ticketed for driving while wearing a Google Glass computer-in-eyeglass device.

Commissioner John Blair ruled that Cecilia Abadie was not guilty because she had been cited under a code that requires proof beyond a reasonable doubt that the device was in operation, which the officer did not provide.

However, Blair did find that the language of the code specifically bars the operation of a video or TV screen or similar device on the front of a vehicle while it is moving — a provision that Blair said could be broad enough to apply to Google Glass.

The device in a kind of glass-wear frame features a thumbnail-size transparent display above the right eye.

Abadie said she was happy she won her case but hoped the court would have ruled that Google Glass is legal to wear while driving whether activated or not.

"I believe it's an initial success but we have a long way to go," said Abadie, wearing the device outside the courthouse after the ruling.

Legal experts say the lower court ruling does not set a legal precedent but marks the beginning of a number of cases they expect courts to confront as lawmakers struggle to keep pace with fast-evolving technology.

"The fun is just starting," said Vivek Wadhwa, a fellow at Standford Law School.

From driverless cars to wearable devices that can enhance human functions, Wadhwa said, there are a host of legal questions to be answered. For example, when a Google-operated car is on the road and hits someone, who is responsible — the passenger, car manufacturer or software developer?

Abadie, a software developer, said she is among some 30,000 people called "explorers" who have been selected to try out Google Glass before the technology becomes widely available to the public later this year.

Abadie was cited after being pulled over for speeding on a San Diego freeway in October and the California Highway Patrol officer noticed she was wearing Google Glass.

Officer Keith Odle, a 10-year veteran of the CHP, testified Thursday that the "hardware for this device was blocking her peripheral vision on her right side," and that's why she sped by his patrol car at 85 mph in her Toyota Prius.

Blair rejected that as speculation, noting that Odle had never worn the device. He also threw out Odle's documentation of her speed and found Abadie not guilty of that count.

The commissioner also asked Odle to turn off his cellphone after it rang twice interrupting the proceedings.

Abadie's attorney William Concidine said the device was not activated when she was driving and the code was irrelevant because it does not specifically state that drivers are barred from using Google Glass.

He said Thursday he hopes the case will spur lawmakers to review legislation on the issue, otherwise the code will be open to interpretation by individual courts.

The lightweight frames are equipped with a hidden camera and tiny display that responds to voice commands. The technology can be used to do things such as check email, learn background about something the wearer is looking at, or to get driving directions.

Legislators in at least three states — Delaware, New Jersey and West Virginia — have introduced bills that would ban driving with Google Glass.

Google officials did not immediately respond to a message seeking comment on Blair's ruling.

Google's website contains an advisory for users: "Read up and follow the law. Above all, even when you're following the law, don't hurt yourself or others by failing to pay attention to the road."

Source.... http://www.foxnews.com

Wednesday, January 15, 2014

What #Californians Need to Know about #DUI and #Drugs

Newsflash from your Hollywood Attorney:

When Marijuana becomes legal, driving under the influence won’t. Tens of thousands will still be prosecuted for allegedly driving when their ability to see, think or operate their motor vehicle is impaired by any psychoactive substance, including weed. Here’s a run-down on current California drugged driving law, how people get popped for it, what the punishments are, and how to act right.

What is a DUI for Marijuana?

A DUI for drugs is considered driving under the influence of drugs (in this specific case, marijuana). Sometimes, it can be difficult to prove what constitutes a “DUI” for marijuana, since blood tests can’t prove when you consumed marijuana, just that you did at some point. “It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects,” the National Highway Traffic Safety (NHTSA) writes.

According to California law, in order to be convicted of a DUI for drugs, you must be impaired to such an extent that you lack the “ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.”

Thus, the charge and conviction can be rather subjective and usually takes into account some combination of your driving pattern, physical appearance, performance of field sobriety tests, and a blood test for marijuana.

How You Can Get Charged with a DUI

If you are pulled over or encounter a cop who expects you are under the influence of marijuana, he will call in a Drug Recognition Evaluator (DRE) to the scene. The DRE is trained to look for signs that prove that someone is impaired from marijuana. These signs include dilated pupils, elevated pulse rate, elevated blood pressure, giving off the odor of marijuana, tremors, relaxed demeanor, dry mouth and short term memory impairment. If the DRE determines you are under the influence of marijuana, you will be arrested for suspicion of DUID, taken to the station, possibly subjected to a blood draw, and the DRE will testify to his conclusion at your trial.

What Are The Punishments For A DUI?

If you are convicted of driving under the influence of marijuana, there are a range of punishments you could incur. The severity of the punishment takes into account several things including the facts of the case, your criminal history, and even the county you were arrested in. For a first time DUI conviction, you could receive three to five years of probation (probation often includes drug testing), up to a year in jail (this almost never happens, but depending on the county you may be looking at a few days to a few weeks of community service in lieu of jail time), fees and fines that can run to almost $2,000 (note that the fines increase periodically), a twelve-week DUI school and a 6-month suspension of your California driver’s license.

For a second offense, you’re looking at several days of actual jail time, even higher fees and fines, and an even longer DUI class. Subsequent offenses generally will increase your punishment and depending on the circumstances may even be charged as felonies, which carry possible state prison sentences.

What To Do If You Are Pulled Over

If you are pulled over, and you believe the officer may suspect you of driving under the influence of marijuana, the best thing to do is remain calm, do not make any statements or admissions to the officer, and wait patiently until you are released from jail and given a court date to begin fighting your case. Then, immediately contact a good DUI lawyer who practices in the jurisdiction where you were arrested. It is important to know that in California, you have ten days from the date of your DUI arrest to request a hearing before the DMV to determine whether your license should be suspended. If you do not request a hearing, your license will be suspended automatically.

Colorado and Washington, which both recently legalized weed, consider it a crime to operate a vehicle with 5 nanograms active THC per milliliter of blood or more, though in Colorado medical marijuana patients can fight the automatic DUI conviction. But until better and more scientific tests are developed, it is much more difficult for the authorities to tell (and to prove in court) whether a person is under the influence of weed than it is to tell if they are drunk. A good lawyer should be able to poke all kinds of holes in the prosecution’s evidence that you were driving under the influence of marijuana.

Whether its booze, weed, or DayQuil, stay off the road if you even think you may be too impaired to drive. On the road, don’t get pulled over in the first place. Observe all traffic laws and make sure all your vehicle lights work. A little window tint, or dice hanging from the mirror is a primary offense. (Even if you’re lawful, the sad reality is you can be arrested for being the wrong color in the wrong town at the wrong time.)

Source.... http://blog.sfgate.com

In other words you will need a good attorney,

give us a call, we are here to help you!

Friday, January 10, 2014

Increased Efforts for #DUI and #DRUG Arrests Move into California Area's

Newsflash from your Hollywood Attorney:

The city of Los Angeles is not the only place where cops and prosecutors are gunning for drivers allegedly under the influence of drugs.

L.A.'s new-year program to take mouth swabs of DUI suspects during traffic stops is aimed squarely at medical marijuana users, and other jurisdictions want on that bandwagon.

This week, Riverside County revealed that nearly a half million dollars in state funding will provide two new prosecutors who will dedicate all their time to busting medicinal users and others who allegedly get behind the wheel in altered states. The office says the cash will last through late summer.

The D.A.'s people say in a press release that it's part of an effort to "combat recent increases in drug-impaired driving." Those increases have largely involved marijuana, although prescription abusers are also a burgeoning problem, authorities claim.

Winning a case against a driver who was allegedly under the influence of cannabis is a much tougher prospect than batting an allegedly boozed-up motorist, though.

While juries don't like drunk drivers, the science on marijuana, its effects on drivers, and the amount you can safely have in your system is still pretty much up in the air.

In fact, there's no state limit on THC blood levels for drivers. There's no equivalent to the drunk driving limit of a .08 blood-alcohol level.

For that reason, medical advocates have long been frightened of efforts like this one. They've argued that, because THC can stay in your system for weeks, a medical user who drove days after medicating could still end up in court under these crackdowns -- wrongly so.

What's scary about Riverside County's campaign is that prosecutors are clearly gung-ho about busting medical users, even as the state's legal guidelines are blurry at best.

A press release says the local assistant D.A.s have successfully prosecuted nearly 300 cases of drug-involved DUI within the last year or so.

The D.A.'s are getting special training on how to win more cases despite a clear lack of science and legislation. It's all about persuading a jury that a medical user can be a dangerous driver.

Source.... http://www.huffingtonpost.com

Thursday, January 9, 2014

Many #DUI & #Drug #Checkpoint's are Coming, Do you Need Help?

Newsflash from your Hollywood Attorney:

As part of a new campaign by a grant from the California Office of Traffic Safety, to deter alcohol- and drug-related crashes. The checkpoint will take place between 7 p.m. and 2 a.m. in many undisclosed locations, police said.

Officers will also be available to evaluate those suspected of drug-impaired driving. About 30% of drivers in fatal crashes had one or more drugs in their systems, police said.

It is essential that you are represented by experienced counsel who can successfully deal with the various issues growing out of the arrest. In California, a person charged with DUI will have their license confiscated by the arresting officer. You will be given a piece of paper that functions as a temporary license. Your temporary license should indicate that your license will be suspended within 30 days unless you schedule a DMV hearing to resolve the matter. You have only 10 days after your arrest to schedule a DMV hearing. You will also have an opportunity to enter a pre-trial motion to suppress evidence or dismiss the charges against you if an officer failed to follow proper procedure or stopped your car without reasonable suspicion.

The Law Offices of Jonathan Franklin has helped numerous clients face and overcome the challenges that a DUI arrest presents. Contact us at 310.273.9600 to schedule your FREE consultation.

Wednesday, January 8, 2014

$860,226 in Grant Money Prosecutors to go after Drunken and Drug-impaired Drivers

Newsflash from your Hollywood Attorney:

The California Office of Traffic Safety awarded the D.A.'s office a $484,939 grant and a smaller $375,287 grant, each of which is designated for anti-DUI prosecutions.

According to the D.A.'s office, the larger allocation will be used to bolster the agency's DUI Vertical Prosecution Team, comprised of three "specially-trained" deputy district attorneys assigned to handle prosecutions countywide.

The unit was activated last year with the goal of reducing "drug- impaired traffic fatalities and injuries by holding drug-impaired drivers accountable," according to a D.A.'s office statement. "During the first year of the grant operation, the unit obtained almost 300 convictions in drug- impaired driving cases."

The $375,000 disbursal will support a DDA and D.A.'s Office investigator working full-time on cases of DUI resulting in death or injuries.

Funds will also go toward DUI prevention and awareness programs, including the "Every 15 Minutes" seminars taught to high school students by public safety officials.

"Goals of this grant include reducing the number of persons killed and injured in DUI-related traffic collisions and increasing police officer and prosecutor expertise in DUI investigations and prosecutions," according to an agency statement.

Both grants are to be expended between now and Sept. 30. --City News Service

ORIGINAL POST: Riverside County has approved using a $484,939 grant to crack down on drunken and drugged driving.

Today, the Riverside County Board of Supervisors approved the renewal of the grant from the California Office of Traffic Safety. The money will be used to prosecute those who drive under the influence of alcohol and drugs, according to Riverside County District Attorney's Office spokesman John Hall.

The grant period extends from Oct. 1, 2013, through September 30, 2014. Funding for this program comes from a grant by the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

The grant will enable the DA to assign three specially-trained deputy district attorneys to prosecute drug-impaired drivers in all regions of Riverside County, according to Hall.

The DA's office implemented a "DUI Vertical Prosecution Team" last year after applying to the California Office of Traffic Safety for funding.

"The goal of the DUI Vertical Prosecution team is to prevent drug-impaired driving and reduce drug-impaired traffic fatalities and injuries by holding drug-impaired drivers accountable," according to a news release from Hall.

During the first year of grant operation, the unit obtained almost 300 convictions in drug-impaired driving cases. The California Office of Traffic Safety increased the grant award this year by providing funding for two additional prosecutors in order to expand the program countywide, Hall reported.

Prosecutors now assigned to the team are Deputy District Attorneys Julie Ching in the Western Division, Jeff Mendoza in the Eastern Division, and Rosie Semnar in the Southwest Division.

Source.... http://lakeelsinore-wildomar.patch.com

Tuesday, January 7, 2014

California Drunk Driving DEATHS are UP #DUI #Checkpoints

Newsflash from your Hollywood Attorney:

Every holiday season people are reminded that drunk driving is dangerous, deadly and expensive. Law enforcement agencies toss out the number of people arrested last year or number of people who died in crashes involving drugs or alcohol.

It can get confusing very quickly when you start splicing up the numbers into cities, counties, alcohol-impaired versus alcohol-involved. But Chris Cochran at the California Office of Traffic Safety said the state’s DUI trends had been going down for years - but ticked up this year.

“From roughly 2005 through 2010, things were getting better across the board,” he said.

Statewide, the number of people who died in crashes caused by a drunk driver – had been on the decline during that time period. Here are the stats:

2005: 1,298

2006: 1,272

2007: 1,132

2008: 1,025 (7,450 victims)

2009: 924 (7,171 victims)

2010: 774 (6,511 victims - not all data is out at this time)

Office of Traffic Safety declared 2010 the year of the DUI checkpoint. It was in-your-face-anti-DUI campaigning.

2011: 774

2012: 802

“In the last couple of years there’s been a reversal,” Cochran said. “Things have turned around to the bad side…a little bit…a little bit.”

Cochran said state traffic safety officials like it when the number is below 800 and even better – drop every year, little by little.

Though statewide, there has been a slight increase (28 more fatalities because of drivers over the legal limit in 2012 than in 2011), Cochran thinks people are getting the message. It’s become uncool to drive drunk.

“We’re seeing many more instances of people using designated sober drivers willing and enthusiastically,” he said.

"Be Cool Smart - Get A Driver" a friend and/or someone in your party who hasn't been drinking.

Source... http://www.scpr.org

Thursday, January 2, 2014

DUI Arrests Were Up Across LA County Over the Holiday's

Newsflash from your Hollywood Attorney:

Drunken and drugged driving arrests during a countywide holiday crackdown totaled 2,268 through midnight Wednesday, up from 2,168 last year during the same time period, officials said.

The crackdown by officers with the Avoid the 100 law enforcement task force started Dec. 13 and ran through New Year's Day in Los Angeles County. The figures are provisional.

The campaign by 100 law enforcement agencies countywide included checkpoints and "roving DUI saturation patrols."

Other "Avoid the 100" efforts are planned for Super Bowl Sunday in February and the following month for St. Patrick's Day.

Source.... http://monrovia.patch.com/groups/police-and-fire/p/dui-arrests-up-across-la-county-this-holiday-season