Being arrested for driving under the influence of alcohol (DUI) can cost a motorist thousands of dollars in court fines, insurance costs and attorneys’ fees. At least 79 accused drivers were notified last Friday that the police officer that charged them with drunk driving had likely falsified at least one piece of evidence. Sacramento County District Attorney Jan Scully threw out the cases after an investigation into the conduct of Sacramento Police Officer Brandon Mullock, 24.
Police can stop a driver for backing up quickly on an empty road in the middle of the night, the Wisconsin Court of Appeals ruled last Thursday. At around 1:35am on July 28, 2009, city of Tomah Police Officer Jarrod Furlano watched from a parking lot as Matthew Pudlow backed up his car at East McCoy Boulevard to get into the left-hand turn lane so he could turn onto North Superior Avenue. No other cars were anywhere near. Pudlow’s car did not swerve, hit any curb or squeal its tires.
Again, shameless China shows utter disregard for intellectual property. Nothing is sacred anymore. The American government fines Toyota? Great! Let’s copy that! The Nikkei [sub] reports that Toyota has been fined by local authorities in Zhejiang Province. Wait until you hear what for. Read More >
Toyota and the families of four people who died when dealership loaner Lexus ES crashed after a reported unintended acceleration event, have settled out of court reports Bloomberg. The crash gained national attention and helped spur on the media frenzy around unintended acceleration in Toyotas. Toyota CEO Akio Toyoda had previously apologized to the family of the driver, Mark Saylor, during congressional testimony. Needless to say, Toyota is not disclosing the terms of its settlement, saying only that
Through mutual respect and cooperation we were able to resolve this matter without the need for litigation.
Considering it was a Lexus dealer who had put non-standard mats in the Saylor car, and had previously been warned that it had a sticky accelerator, Toyota’s willingness to settle seems driven more by PR considerations than liability.
A notorious Missouri speed trap town was busted Wednesday by the state auditor for violating the law. Randolph, Missouri has a population of just 47 people, but the police department last year dished out 3132 fines — nearly all speeding tickets issued to motorists passing through on Highway 210. A formal examination of the city’s book uncovered the fact that Randolph made more than thirty-five percent of its revenue from freeway traffic ticket, in violation of the Macks Creek law, an anti-speed trap statute named for a town that went bankrupt after its ability to issue speeding tickets was revoked.
As The Wall Street Journal‘s Dan Neil explains, pedestrians aren’t just annoying, they’re also responsible (in part) for some of the most astonishingly dull designs in all of autodom… like the 2011 VW Jetta. Trends towards rising beltlines, strangely high hoods, reduced visibility, and general carved-from-cheese-ishness in automotive design can all be tied to European pedestrian crash test standards. With a little help from unimaginative designers, global product strategies and consumer apathy, of course.
The Michigan state House of Representatives yesterday voted unanimously to repeal its so-called driver responsibility fee program, an unpopular tax on traffic citations. State Representative Bettie C. Scott (D-Detroit) was the primary sponsor of legislation that will end most of the fees by January 1, 2012 and, before then, cut the amount motorists owe by half.
“Obviously we must do what it takes to keep our roads safe for all travelers, but driver responsibility fees place an onerous and unnecessary financial burden on too many Michigan drivers,” Scott said in a statement. “The Driver Responsibility Act is flawed legislation that has failed the test of time. It has unfairly penalized our hard-working residents during one of the worst financial crises we’ve ever seen.”
The Minnesota Court of Appeals yesterday upheld the conviction of a motorist whose pants fell down after he was ordered to put his hands up. Judge Kevin Ross noted on behalf of the three-judge panel considering the case that previous courts had never considered a search quite like the one conducted on Frank Irving Wiggins as he was ordered out of his car in the parking lot of a St. Paul White Castle in November 2008.
Officer Kara Breci had seen Wiggins in his idling vehicle and assumed he was involved in a drug deal since he was not eating. Breci investigated. After she saw a rear-seat passenger with a bag that looked like it contained marijuana, she ordered Wiggins and two passengers out of the car with hands on their head. The loose-fitting jeans Wiggins had been wearing immediately fell to the ground. As Breci pulled up Wiggins’s pants, she felt an object that turned out to be a .380 pistol in his pocket. Because of his prior convictions, Wiggins was arrested and convicted by a district court for unlawful possession of a firearm.
Lawyers would have to do pro bono work, or subsist on doing divorces and writing wills, would it not be for Toyota. Toyota’s contribution to the world of jurisprudence is immeasurable. They are in a drawn-out lawsuit against their own (former) lawyer. And they are named in more than 300 federal and state lawsuits including proposed class actions over allegations that the vehicles suddenly accelerated and couldn’t be stopped. Toyota is trying to put the brakes on that. Read More >
In the second bit of bad news for Toyota to break today, Corporate Counsel reports that former Toyota lawyer Dimitrios Biller has been cleared by an arbitrator to present evidence that Toyota claimed was protected by attorney-client privilege. That evidence reportedly proves that Toyota concealed safety information, although its value has been hotly debated. The evidence will be presented in Biller’s civil RICO suit against Toyota now that the arbitrator in that case has ruled that hey are not protected by attorney-client privilege. Biller tells CC
Attorney-client privileged information almost never gets to the finder of fact to determine the merits of the case. I am halfway there. The burden is now on Toyota to prove me wrong
But for full context, a retired federal judge clarifies that
The Arbitrator does not rule that a crime or a fraud has taken place. The ruling is simply that a prima facia showing has been made, so otherwise-privileged materials may be used in discovery and arbitration.
The Washington state Supreme Court on Friday rejected the motion filed on behalf of a traffic camera company to block a public vote on the use of automated ticketing machines. In a two-sentence order, the court refused to intervene in the scheduled November 2 election in the city of Mukilteo where residents had signed a petition forcing a red light camera and speed camera ban onto the ballot. The denial of a motion for an emergency injunction came a month after the Snohomish County Superior Court also declined to stand between the voters and the ballot box (view decision).
A long time ago, I was told a little phrase which stuck with me: “Sometimes, you may be done with history, but history isn’t done with you.” It made a lot of sense to me. Just because you’ve finished with something doesn’t mean it’s over for the other party. Seems like Daimler and Cerberus are learning this the hard way. Read More >
Police officers in the commonwealth of Virginia can track the movements of motorists with secretly installed satellite tracking devices on their own authority, the state court of appeals ruled Tuesday. On February 1, 2008, Fairfax County police had attached a GPS tracking device to the work van of David L. Foltz, Jr based on a hunch that Foltz may have been involved in a series of crimes. The officers did not bother obtaining a warrant or asking the permission of the company that owned the van. The department used such devices on 159 such occasions between 2005 and 2007 but no policy guidelines were ever drafted to govern their use. Using a magnet and tape, an officer stuck the GPS unit under the van’s bumper while it was parked on a public street.
More and more cities are thinking about installing light rail on city streets as the federal government holds out the prospect of greater subsidies diverted from gasoline tax funds. The California Court of Appeal on August 30 ruled that a lower court erred in throwing out a lawsuit against the city of Los Angeles for negligence in a fatal accident involving a metro Blue Line train. The incident reveals the significant threat high-speed rail can pose when run on streets designed for automobiles.
In less than three years, officials in New South Wales, Australia have been forced to refund 18,944 faulty or illegally issued speed camera citations. Between July 2007 and May 2010, the state government has returned A$3,788,885 worth of citations issued by automated ticketing machines that were not operating properly, according to freedom of information documents obtained by the NSW Liberal Party, which used the figures to attack the party in power.
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