February, 2016 - Braunfotel and Frendel

What are a New City residents’ Miranda rights?

Watch any criminal drama on television, and you will likely hear the phrase, You have the right to remain silentThe phrase refers to one's Miranda rights, which originated from the case Miranda versus Arizona, which was decided by the United States Supreme Court in 1966. Basically, the Court in this case ruled that if an individual is taken into the custody of law enforcement officials, before that individual can be questioned, he or she must be informed of his or her rights under the Fifth Amendment stating that the individual has the right not to make any declarations that would incriminate him or herself.Under one's Miranda rights, law enforcement officials must inform individuals they want to question of four things. First of all, as you may already know, there is [...]

What are a New City residents’ Miranda rights?james2016-02-26T00:00:00+00:00

Dr. Stanislaw Burzynski to stand trial

Some New Yorkers may have heard of Stanislaw Burzynski, a controversial cancer doctor who has been lauded by celebrities for his unusual treatments. Dr. Burzynski is now being targeted for medical malfeasance by the Texas Medical Board and facing the potential loss of his medical license.In the 1970s, Dr. Burzynski started treating cancer patients using antineoplastons, substances extracted from the body. While there has been no evidence showing that antineoplastons are effective, he has continued prescribing them. Many patients have flocked to Dr. Burzynski over the years because they don't want to undergo chemotherapy treatment.Dr. Burzynski has also prescribed chemotherapy drugs in combination with other cancer drugs in doses that are not standard and with medications with which the drugs could have adverse interactions. Some former patients have described ineffective [...]

Dr. Stanislaw Burzynski to stand trialjames2016-02-24T00:00:00+00:00

What happens if an underage driver is accused of drunk driving?

Individuals under age 21 in New York who are accused of drunk driving face different consequences than those who are 21-years-old or older. This is because the legal drinking age in New York, and nationwide, is age 21. Therefore, those under age 21 are subject to the state's zero tolerance" laws."What are zero tolerance" laws? These laws dictate that when an individual who is under the legal drinking age drives with a blood alcohol content level between 0.02 percent and 0.07 percentIf an underage driver has to attend an administrative hearing, it is important to understand what it is the police will have to prove in such situations. First of all, the police must show that the individual was indeed the individual driving the car and was under age 21. [...]

What happens if an underage driver is accused of drunk driving?james2016-02-19T00:00:00+00:00

Software considered a driver by NHTSA

The concern about liability with a driverless car might cause many New York residents to question whether the nation is ready for this technology to be expanded. However, the National Highway Traffic Safety Administration has taken an important step related to this concern, making the decision that software can be viewed as a driver in an autonomous vehicle. Google requested this interpretation when its self-driving car division made a proposal in Nov. 2016. A letter of response received by Google in Feb. 2016 supports this classification, which opens the door for further development to proceed.Across the nation, there are various views about self-driven vehicles, especially in connection with safety. In California, for example, there is an effort afoot to legislate the inclusion of steering wheels in these vehicles. Additionally, California [...]

Software considered a driver by NHTSAjames2016-02-18T00:00:00+00:00

Teenagers accused of shoplifting clothing from a New York store

When an individual is accused of a crime in New York, they may be very worried about what the future will bring. This is especially true when the individual is a minor with their whole life in front of them.Two Irvington, New York teenagers are being accused of criminal possession of stolen property and felony grand larceny after allegedly shoplifting clothing. The reported incident took place at the Lord and Taylor store located in the Palisades Mall. According to loss prevention employees, the girls, ages 16 and 17, took clothing from the store dressing room. The clothing is reportedly worth over $1,200. The girls must appear in court in the future. It is possible that a judge may grant them youthful offender status.It remains to be seen what will happen [...]

Teenagers accused of shoplifting clothing from a New York storejames2016-02-12T00:00:00+00:00

Annual hospital deaths from preventable errors are high

People in New York who have been hospitalized recently may be surprised to learn how high the numbers are of patient deaths in hospitals due to preventable errors. As the third leading cause of death, preventable medical errors in those facilities are responsible for around 200,000 to 400,000 fatalities each year.According to an article in the Journal of Patient Safety, such errors may also be under-reported. One study found that patients reported three times more mistakes than were noted in their charts. Among all physicians, cardiologists were the least likely to report errors, but physicians in other specialties were resistant to doing so as well.Types and causes of errors vary from a lack of communication to medication errors, diagnostic errors, injuries to nerves or vessels, infections acquired at the facility, [...]

Annual hospital deaths from preventable errors are highjames2016-02-08T00:00:00+00:00

Help is available for those facing drug charges in New York

As this blog discussed last week, the state of New York has established a drug court program that may help individuals accused of drug crimes receive lesser sentences or have the charges against them dismissed if they meet the program's requirements. For many in New York, drug courts may be a preferable alternative to harsh jail sentences.However, when deciding what criminal defense strategies one should take, it is important to first understand what the charges one is facing mean. For example, some charges involve the possession of illicit substances while other charges involve the sale or manufacturing of illicit substances. Some examples of illegal drugs in New York include marijuana, cocaine and heroin. Illegally obtained prescription drugs could also be the center of drug charges in New York.No matter what [...]

Help is available for those facing drug charges in New Yorkjames2016-02-05T00:00:00+00:00

Volvo pledging to make safer vehicles

After tracking traffic-related serious injuries and fatalities in its vehicles for many years in New York and throughout the world, Swedish auto manufacturer Volvo is making a bold promise: It will release a death-proof" vehicle by the year 2020. This announcement comes on the heels of increased safety measures in a number of other vehicles on the market."Volvo seeks to minimize the number of avoidable car accidents by first concentrating on the interior of the vehicle. These measures include improved airbags and safety restraints. Additionally, Volvo plans to integrate existing technologies for a safer experience. This includes its current adaptive cruise control that allows the driver to set a desired speed but adjusts that speed so enough distance is between the vehicle and other traffic on the road. Additionally, Volvo [...]

Volvo pledging to make safer vehiclesjames2016-02-01T00:00:00+00:00

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