Wednesday, December 31, 2008

Blog post of funny traffic stops

The linked blog post shows some funny traffic stops. They're not all funny. #1 is pretty hilarious. Other good ones are #20, 17, 15, 14, and 11. The rest are so-so.

Sunday, December 28, 2008

Consequences of Aggressive DUI Enforcement

So, you think aggressive DUI enforcement is a great thing, huh? I got this message from a friend the other day. I edited it a bit.I was driving on I-80 in New Jersey. I missed my exit and had pulled onto the shoulder to read the map when a State Trooper parked behind me. I was arrested for DUI because I looked red-eyed and my legs were wobbly from exercise and sleep deprivation thus resulting in

Wednesday, December 24, 2008

Can't Afford a Lawyer?

It's a common phrase heard in the legal community. I can't afford a lawyer. The statement is usually followed by a request for free advice or pro bono representation. I did a quick search on Google for "can't afford a lawyer" - there are 63,900 results. By contrast, "can't afford a doctor" has 6720 results, and "can't afford a gardener" has 672. I have to admit I'm surprised there were so many

Tuesday, December 23, 2008

DWI: To Blow or Not to Blow

One thing comes up a lot in DWI seminars. A client calls you late at night. They've been arrested and the cop wants them to blow into the "Breathalyzer". In most of NY the device is actually a Datamaster, but question is the same. And to be clear, I'm talking about the breath test in the station. The one in the field is commonly known as an alcosensor or field breath screen.The answer varies from

Monday, December 22, 2008

Idaho Laws Protect Intellectual Property

We were recently asked what Idaho laws protect intellectual property rights. Here's a summary of some Idaho statutes and common law protecting your valuable intellectual assets.

Note that IP protection is often a matter of federal law. You may find links to resources about some of the relevant federal IP laws at this Tech-Lawyer blog post. Domain names, an important adjunct to trademarks as indicia of brand, are protected under the federal anti-cybersquatting statute, under World Trade Organization regimes, and otherwise.

For reference in using the summary below, you may find a table of contents for and links to Idaho statutes may be found here.

Some of the Idaho statutes protecting IP include the Communications Security Act (I.C. § 18-6701 et seq.), the Computer Crime Act (I.C. §§ 2201-02) (new statute providing felony prosecution), and many of the statutes found in Title 48 dealing with Monopolies and Trade Practices.

As to Title 48, some of the applicable statutes include Idaho’s Trademark Act (I.C. § 48-501, et seq.), portions of Idaho’s Consumer Protection Act (see particularly I.C. § 48-603), and Idaho’s Trade Secrets Act (I.C. § 48-801, et seq.).

In 2008, Idaho increased IP and related competitive protections regarding former employees and key independent contractors and enacted I.C. § 44-2701, et seq. covering Agreements and Covenants Protecting Legitimate Business Interests.

Further, if parties cooperate in the theft or misappropriation of IP rights or related information, then claims under racketeering and conspiracy statutes may also be available. See, e.g., I.C. § 18-7805.

In addition to statutory protections, common law protects against breaches of the duty of loyalty by directors and offices and against infringement of unregistered trademarks, for example.

For more information, please contact me at:

Emile Loza, JD, MBA, CLP
Managing Partner & Founder
E. eloza@TechnologyLawGroup.com
P. 208.939.4472
LinkedIn. http://www.linkedin.com/pub/dir/emile/loza

Thursday, December 18, 2008

Pringle Hearing and the DWI Prompt Suspension

In handling our DWI cases, the "prompt suspension law" has been bothering me, along with a number of other issues. I first wrote about this a couple years ago as part of a post about judges who have policies. So now I'm going to rant about what's wrong with the prompt suspension and how Pringle v. Wolfe (88 N.Y.2d 426 (1996)) is being applied (or misapplied).For those who don't know, here's what

Wednesday, December 17, 2008

Speed Cameras in New York State: Coming Soon?

New Update (January 2010): Speed cameras are back in the Governor's proposed 2010 budget.--------------Update: It appears that the speed cameras were left out of the final budget. Maybe next year.--------------New York State is hungry for money. Speed cameras are coming. The full text of the proposed new law is at the bottom. Here are some details:a. A new statute would be created, § 1181-a of

Tuesday, December 9, 2008

Plaxico Burress - Are Hunting and Target Shooting Illegal in New York State?

Update: Thanks to George P. Conway for the comment. Penal Law §265.20 sets forth a list of exceptions. I'm not sure these exceptions clearly apply to loaded firearms. That would seem to be the natural conclusion, but it's not completely clear.----------At the bottom of this post is an image of the first page of the felony complaint in the Plaxico Burress gun case. He's accused of violating Penal

Profile: The Master

Here's another Albany lawyer profile. Keep in mind these are generally semi-fictional.The Master is one of the top criminal defense attorneys in the Albany area. All the judges, cops and criminal lawyers know his name, but not everyone recognizes him on sight. He flies just below the public radar. His name does get in the paper every once in a while, but he doesn't knock people over in order to

Sunday, December 7, 2008

Florida Speeding Tickets

Just added a page to the Redlich Law Firm website about Florida speeding tickets There seems to be a lot of tickets written there, so much so that I saw a TV show (or internet version of a TV show) about one of the traffic courts there.Interesting thing for us concerns how we handle NY tickets for Florida drivers. A common reduction on speeding tickets in NY is the infamous 1110a. This appears to

Saturday, December 6, 2008

DWI Defense Perspectives

I had the honor of speaking at a DWI seminar this past week. There were some excellent speakers, and a few of us presented a sharp contrast on how to handle DWI cases.My topic was low BAC cases. I talked about some things lawyers can do when the defendant's blood-alcohol content is low. Mainly I was focused on BACs below 0.10, but some of the ideas apply when the BAC is up to maybe 0.12. My

Tuesday, December 2, 2008

More Verizon and Debt Collection

I've written in the past about Verizon and their debt collection practices. They're back again.I got a call this morning about an old disputed cell phone bill. The caller said she was from NES. I'm thinking this is Nintendo calling trying to sell me a Wii, but no. NES stood for something else, National something Systems?So she tells me this is about my "debt" of $473. She tries to intimidate me

Monday, December 1, 2008

Keith Olbermann on Gay Marriage

I've always wondered why discrimination against gays isn't inherently gender discrimination. It's okay for Jim to marry Mary, but not to marry John. Isn't that discrimination against John because of his gender?But below is an argument for gay marriage by Keith Olbermann. Powerful stuff.