Good news for drivers in Newark, California, and frankly everywhere, as a San Francisco woman had her red light camera dismissed on a technicality that could potentially cost the city millions of dollars.

After being issued a ticket for allegedly running a red light, Keisha Dunlevy argued in traffic court that the public hadn’t been properly notified of the red light cameras at that particular intersection.

Every time a new red light camera is mounted at an intersection, no matter where in the United States, the authorities must notify the public. This type of announcement is usually published in the local newspaper. Newark officials did publish the new location, but there was an error: the notice read “A camera has been installed at the intersection of Cedar Boulevard and Mowry Avenue to capture vehicles that run the red light as they travel east on both streets,” but Cedar Boulevard runs north to south.

The traffic commissioner ruled in favor of the defendant, setting a precedent for potentially millions of dollars in refunded traffic tickets. Red light camera activists have now called for Newark to refund all the tickets issued from cameras at the intersection since the original notice was published in 2006.

The issue of red light cameras has become a nationwide problem, with critics holding that their presence is less about safety and more about generating revenue. In Louisiana, for instance, violations related to traffic cameras do not effect a driver’s license, but is treated like any other fine and will affect the owner’s credit. A 2011 study also suggests that red light cameras actually cause more accidents, as drivers will slam on their breaks at yellow lights instead of safely coasting through the intersection (it has also been found that red light cameras have shorter yellow lights).

Anticlimactic as it may seem, this is a monumental ruling for those outspoken about the constitutionality of red light cameras. Although laws regarding traffic cameras in Louisiana haven’t changed, the issue is still hotly debated, a debate which could eventually lead to class action suits. If you have any questions regarding traffic cameras, or any other issues with the law, please don’t hesitate to call Seth Bloom of Bloom Legal at (504) 599-9997 for your free consultation.

Orleans Inspector General Ed Quatrevaux is getting fed up with the Orleans Parish School Board’s resistance to an audit he requested on Nov. 29, 2012. Now, seven months later, the School Board is still fighting the request.

The Orleans Parish School Board has challenged the requested audit, justifying their claims with arguments that are “totally without merit” and have been disproven in case law, Quatrevaux holds. He has recently expressed his willingness to file suit against the board.

Ed Morris, School Board lead counsel, did not respond when reached for comment. However, Seth Bloom, chairman of the School Board’s legal committee, is one member on the School Board who supports an investigation. A criminal defense lawyer in New Orleans, Bloom stated that he is “completely in favor of the OIG auditing us. To show that we’re doing everything right, to show we have nothing to hide, I welcome it.” Bloom also told reporters that the audit was not in response to any specific allegations or wrongdoings.

When questioned about the School Board’s overall resistance to the audit, Bloom explained, “Certain entities in the administration don’t want people looking over their shoulder.”

Quatrevaux, who was reappointed to a second four-year term last month by the city ethics board, said it was unusual for an agency to so vehemently resist an audit. His office may still audit the agency without permission.

[Source: Nola.com]

Jennifer Englade, the women responsible for the death of three over Memorial Day weekend, was released from the LSU Interim Hospital yesterday afternoon. Still wearing a neck brace and with bandages on her arms, Englade was immediately turned over to St. Charles Parish officials, being held at the St. Charles Parish Correctional Center.

It is suspected that Englade was legally drunk when her car crossed the median on Highway 61 and collided with an oncoming vehicle. The vehicle held two women: Esther Contento, 20, and Romishe Mejia-Fequier, 23. Both women were mothers, and Contento was pregnant.

Englade was in violation of her probation when the accident happened, due in court in June, as law enforcement officials sought to revoke her license and return her to jail. When asked if she had been drinking on the day of the Memorial Day weekend accident, Englade reportedly said “I don’t know.”

Englade is facing three counts of vehicular homicide, third-degree feticide, first-degree vehicular negligent injury, a second-offense DWI, reckless operation of a vehicle and driving with an open container, as well as charges related to driving without insurance.

UPDATE: Officials say Englade had amphetamine and cocaine in her system along with a blood alcohol level of .15 on the morning of May 26. Her bail has been set at $500,000.

This is a tragic story. Think before you drive drunk. If you have been involved in a DUI/DWI related incident, don’t hesitate to call Seth Bloom at Bloom Legal, (504) 599-9997, for your free consultation.

http://www.wdsu.com/news/local-news/new-orleans/suspect-in-deadly-dui-out-of-hospital/-/9853400/20515058/-/eg18ktz/-/index.html

“I’m done. That’s it,” Senator JP Morrell (D-New Orleans) was overheard saying as he walked away from the podium. This frustration came after a bill seeking to reduce penalties for simple marijuana possession, potentially saving Louisiana $2.2 mil. in 2014, died on the State Senate floor Thursday.

Lawmakers have had trouble making a decision on the bill, holding that it sends “the wrong message that it’s OK to smoke marijuana in Louisiana.” Morrell said he heard lawmakers chuckling and saw them rolling their eyes as he took the podium. “I heard the groaning. I hear the inhaling and exhaling,” Morrell said, but “I think it would be appropriate to at least attempt to have a debate on this bill.”

It would seem appropriate, as Louisiana has the highest incarceration rate in the world, beating out China, Iran, and all other states in the US. Today, a first offense of simple marijuana possession (even one joint) can result in six months in jail, second possession could mean up to five years and a $2500 fine, and a third offense could mean 20 years and up to a $5000 fine. With each inmate being worth $24.39 a day (according to a May 2012 report published by Nola.com), those 20 years really add up, and prisons are making more money, money that does not go back into the state.

The proposed bill that failed on Thursday only offered a reduced sentence on simple Marijuana possession, and would have had no effect on distribution/synthetic marijuana charges.

For now, if you or someone you know has been charged with possession of marijuana, or any illicit substance, call Bloom Legal at (504) 599-9997 for your free consultation. There’s nothing worse than going through something like this uninformed.

Saints’ deep man Joe Morgan was arrested and charged with a DWI over Memorial Day weekend, and is now talking about his experience.

The third-year receiver, who pulled in 3 touchdowns in the 2012 season, was found asleep behind the wheel of his car on the shoulder of the Earhart Expressway, near Causeway Boulevard in Jefferson Parish. A State Trooper was sent investigate after someone reported a disabled vehicle at around 6am that morning. The Trooper woke Morgan and asked him to exit the vehicle, at which point it became clear that Morgan was intoxicated. According to the report, Morgan’s eyes were bloodshot, he was swaying, smelled of alcohol, and couldn’t keep his balance. After failing a field sobriety test, Morgan was arrested and taken to Jefferson Parish Correctional Center in Gretna, where his BAC was found to be .218, more than double the legal limit. He we was released on a $1,150 bail bond the same day.

“I made a mistake for sure,” said Morgan at Saints minicamp. “The good thing about it is that I didn’t get hurt and nobody else got hurt”.

Morgan has reportedly taken flack from some of his teammates, telling reporters “It wasn’t all hugs and kisses,” although he said it was more as if they were treating him as a younger brother who they cared about. “One of the good things about this team is that it’s not like the guys don’t care about you at all. They actually look at you like a family.”

Even the most successful people make mistakes. Don’t let one bad night dictate the rest of your life. If you’ve gotten a DUI/DWI in the New Orleans area don’t hesitate to contact Bloom Legal, located in downtown New Orleans, at (504) 599-9997.

http://www.nola.com/crime/index.ssf/2013/05/new_orleans_saints_wide_receiv.html

http://www.nola.com/saints/index.ssf/2013/06/new_orleans_saints_wr_joe_morg_3.html

Los Angeles, Calif. – This past weekend over 1,000 drivers were stopped at a DUI checkpoint in the Burbank area of LA, and none were over the legal limit. In the 5 hours from 9 P.M. to 2 A.M. six drivers were asked to exit their vehicle and perform a field sobriety test, but none were arrested. As seen in many cities across the nation, the Burbank Police Department received a $31,500 grant last year to conduct sobriety checkpoints in hopes of reducing drunk driving in their area.

The constitutionality of sobriety checkpoints has been a contentious issue for some time in the United States, ever since 1990 when the US Supreme Court reversed a ruling by the Michigan Supreme Court, which held that sobriety checks violated Fourth Amendment rights. The US Supreme Court ruled that reducing drunk driving fatalities was worth the minor infringement on the constitutional rights of Americans. Today, there are 12 states that prohibit sobriety checkpoints. While some states prohibit them based on state law or Constitution, Texas is the only state that prohibits them based on its interpretation of the US Constitution.

Louisiana is one state that does conduct sobriety checkpoints, and with good reason. In 2011 Louisiana ranked in the top 20 (#16) of states with the highest rate of drunk driving fatalities, at a whopping 226. Have you received a DUI recently? Call Bloom Legal at (504) 599-9997 for your free consultation. Seth Bloom has a vast record of dealing with DWIs/DUIs. He knows the law, and can make it work for you.