Search This Blog

Friday, April 17, 2015

Sacrifice and Murder

Today has been a very busy day. First I woke up a little after 5 in the morning. I played at getting on the Internet. I got dressed and walked around the hotel.




I had a traditional Mexican breakfast. Afterwards we went to see the pyramids and the ruins around Mexico City. Before lunch we climbed the Pyramid of the Sun.

We had lunch at a wonderful little restaurant close to the pyramids. I do not know what I ate but it was good. I know that I was very thirsty and craving a real Coke. I had one of the wonderful Coke Colas you can get in Mexico. It has pure cane sugar, no corn sirup and was in a glass bottle. Sweet heaven!

Then I went to the museum of anthropology.  Where we saw many displays of the pyramids.
The human sacrifice is hard to wrap my head around. Charlie said that when you can get human sacrifice you get so many other things about the world we live in today.  It was an honor then to be killed for the rain god or for the serpent god. The ancients had beautiful bowls where human hearts were placed to offer to the gods.  

After looking at old Mexico and trying to understand the history, Charlie and I spent time researching and trying to understand the motivations for killing today. We worked on our case for several hours.

It is now well after midnight. I'm trying to find sleep in a wonderful bread and breakfast. Sleep hides from me as I try to formulate the reasons behind modern murder.




Wednesday, April 15, 2015











esterday was a day of travel. Husband drove me to the airport in Huntsville. I had enough time to buy a cup of get er-going-coffee before I got going on the plane. I had the seat in the very back of the plane next to a beautiful woman. It turned out she had been a fashion model but now works for a juicing company. She was a little afraid of flying. Which was cute because every time the plane bucked she grabbed the are rest in an attempt to keep it in the air. I tried to keep her calm. I told her not to worry the tail always broke off of the plane in a crash.

My neighbor was also on the plane. We hadn't planned it. She was on her way to California. We seldom see one another. Too busy. But we took a moment on the plane.

I was in Houston forever. The flight was delayed. Our plane arrived an hour late which made everything late.  I was in the very back seat again. I guess I need to choose my seat when I fly. This time the woman next to me spoke no English and I speak no Spanish. We got along just fine.

When you fly into Mexico City, it is just like any big airport in the USA. Dunkin Donnuts, Star Bucks, restaurants and bars. You travel down a Corridor to find that you are in a large room. A sign directs all foreigners to the left. It takes a second to realize hey I'm the foreigner. I handed the man my entry papers and he directed me to booth 14. A few seconds later I was on my way to see if my luggage would be searched. We when entering Mexico you have to declare in writing that you are not bringing any money or other items valued at more than $10,000. You also swear you are not bringing in any animals alive or dead. You hand your declaration to the person who glances at it. Then you push a button. A sign lights up. If it lights up red you are lead over to a counter where they take everything out of your luggage and inspect it. When mine lit up green I shouted "Yes! baby!" And pumped my fist in the air. I need to get over being so shy.


Charlie Goff was waiting to meet me. He took me to eat at an Italian restaurant in the airport. Where I ate pasta. I drank Mexican wine. For desert I had Apple strudel with ice cream.  I was full and tired and relaxed.

Charlie drove us around Mexico City which was dark. I thought we were getting pulled over because police cars were coming behind us with all their lights lit up. Charlie told me that in the night time the police always run with their lights on. If they are after someone they turn on their sirens.  It looked like there were hundreds of police cars out because of this. It makes you feel very safe.

Charlie told me about the Blessed Virgin of Guadalupe. He also told me about how the Jaguar got his spots and why the Eagles wings are dark and why there is a rabbit in the moon.  We got to the hotel after midnight.

Tuesday, April 14, 2015

Space Ships and Airplanes

Usually I accept what each day brings as it unfolds. Today I'm excited. This is because I am traveling to old Mexico. I will fly out of Huntsville, Alabama make a brief stop in Houston, Texas and end the evening in Mexico City.   I will spend the night at a beautiful hotel, the Hotel Villa Arqueologica.


I know many people who travel the world and this would be mundane to them.  The whole idea of waking up in Alabama and going to bed in Mexico is a marvel to me. I still do not understand how a plane flys through the air. I'm not afraid. I just climb on the thing and expect to walk off. Thank you Wright Brothers.

Husband watches Ancient Aliens. He sometimes talks back to the dude with the wild hair.
Telling him if he read the Bible he would understand it wasn't aliens. Still he watches the show and often. Many of the episodes are filmed close to the Hotel Villa Arqueologica. Ancient alien theorist believe that Aliens built the Pyramid of the Sun and kind of hung out there to either help mankind, or tinker with our DNA, or try to wipe humans out. It sort of depends on the episode.    


Anyway, I'm excited!  Tonight I will be at the hotel outside of Mexico City.  What a marvelous world.

Monday, March 2, 2015

BUT MY DOCTOR PRESCRIBED IT!

I have written several times on DUIs Driving Under the Influence. Still every time I go to court there are people there who do not understand how they ever got charged to begin with. Most DUIs come about because of the use of alcohol or illegal drugs. However the use of legal drugs -- prescriptions or over the counter medicine -- can can also lead to impaired driving and possibly arrest.

I have represented many people who were charged for DUI because of over the counter medication. NyQuil can get you arrested.  Doctors often prescribe medication that interferes with the ability to drive or to stay awake.  We all know, both legal and illegal drugs can lead to addiction and impairment.

Here are some common medication types that could impair your driving.
     Antidepressants — not all antidepressants are problematic, but the ones that cause sedation, may interfere with your ability to safely drive a car.
2)      Pain medications — especially those that contain opioids or opioid-like substances like codeine, oxycodone, vicodin, morphine, tramadol, (ultram®) are a problem for driving.
3)      Tranquilizers — anti-anxiety drugs, especially those that belong to a class of medications called benzodiazepines—diazepam (Valium®), alprazolam ( Xanax®), impair driving.
4)      Diet pills — the ones that have stimulants in them can be very problematic; they can make you feel jittery, and you can become too impulsive and make bad decisions on the road.
5)      Antiseizure drugs — phenobarbital, lorazepam (Ativan®), clobazam (Onfi®), clonazepam ( Klonopin®) and others like them may cause sedation and slow your reflexes.
6)       Anti-allergy medications — especially ones that contain certain antihistamines like diphenhydramine (Benadryl®) or certain decongestants could cause sleepiness.
7)      Sleep medications  — diphenhydramine (Benadryl), ambien (Zolpidem®), lunesta- (ezopiclone®) that help you fall asleep will affect your driving.



The elements of a DUI offense are:
The person drove a vehicle -- that is, steered and controlled it while it was moving.
At the same time, the person was under the influence or intoxicated; that is, his or her ability to drive safely was affected to an appreciable degree by either an alcoholic beverage, a drug, or a combination of the two.

The National Highway Traffic Safety Administration has become concerned about the impacts of drug use on driving. In a July 2009 report, the NHTSA found that while drunk driving has decreased markedly in recent years, approximately 16% of nighttime drivers have some sort of potentially impairing drug in their system. This same 2009 study showed that one-fifth of those killed in car crashes in 2009 tested positive for some form of medication or drug not counting alcohol. The Centers for Disease Control report that 18 percent of motor vehicle deaths are related to drugs.

A 2010 survey by the Substance Abuse and Mental Health Science Administration found that almost 10 million Americans drove while under the influence of some type of medication.

Do not drive while on any medication.  However, if you do and you are stopped while driving do not volunteer information about your health.

Monday, February 16, 2015

FOR THE LOVE OF CHILDREN

This week during a child custody and visitation hearing it occurred to me that people Including parents do not know much about these legal proceedings.  First no one wants to be in this type of hearing. The best thing in almost every case is to try and resolve the disputes without a trial.   Look at your children and try to understand what is best for them. I know that the other parent is a moron and doesn't cooperate. The other parent may want to strike out at you and if the child gets hurt a little so what. Still look at your child and try to find a way.

Maybe some non-legal visitation guidelines would help.
First show up for the visitation exchange on time.  Your children get panicked if you aren’t there.  It is not good to put this stress on your children and it makes you look bad.
Come to the visitation prepared. Have the proper child restraints and a driver's licenses. Be sober. Leave the weapons at home this includes your new girl or boy friend.

Be reasonable when it comes to changes in the visitation schedule and the place of the exchange.  You may be the one asking for flexibility the next time and need the favor returned.
Encourage your children to respect and love the other parent.  Whatever hostility you may feel towards the other parent don't say anything about it .  Bite your tongue and don’t say anything negative about the other parent or stepparent around the children.
Do not use the children to pass messages. Do not hide recording devices on the child or in the child's belongs.

Keep excellent records of when the other parents visits or misses visitation.  Including times, dates, and anything that you might need to remember should you end up in court.
Tell the other parent of ANY bruises, cuts, scrapes, and illnesses. Children get hurt but if there are trust issues the other parent may believe the child was hurt by your hand or negligence.
Also keep records of bills.  Send receipts for medical bills with both the statement of what was done and the charge and proof that you have paid it.  Both are needed to make a clear showing of what’s due.

The alabama courts prefer a joint parenting arrangement. Meaning that both parents should be able to spend time with the children. It takes a big change in the life of the parents or the children to change legal custody  A child is NEVER old enough to choose with which parent to live. This is not a burden for a child to carry. So do not believe that you can go to court with evidence that a child is not happy with the custodial parent and walk out with a change of custody.


The best time to fight for custody is during the divorce. It is best to hire a good lawyer then and go for custody. It is difficult to change custody at a later time.

Friday, November 21, 2014

Joy Killers

This the season! Yes the season for accumulating debt. Good Friday is a date where people shop in brick and mortar stores and on line. We are getting ready to charge Christmas

First I'm not into giving lecturers so I'm not going to tell you all of the wonderful ideas about how to stay out of debt. I'm also not going to tell you ways to make your own personal handmade gifts. As a lawyer I will tell you what happens if the credit companies come for you.

First when you get the threatening calls do not let their harassment or threats make you pay low priority debts before more important debts.  I know they are saying you will be sued and sometimes you are told you will be put in jail. We did away with debtors prison. You can not be placed in jail for none payment of debts. Also don't worry about threats to bring suit, take your household goods or garnish your wages. This is unless you have received court papers.

When you get the call, explain to your creditors why you cannot pay debts now and say when you will be able to pay them. You are not required to talk to creditors at all so if they get rude just disconnect the call. 

If the debt is secured (meaning you have used some of your property to get the credit) the company may attempt to reposes the property. However, if it is furniture or a great TV you bought on credit the creditor cannot come into your house without your permission.

A creditor can take you to court and sue you for the debt. If you get papers from a court you have to answer them right away. After you answer you will get a trial. Any court can be complicated, so it is very important that you call a lawyer right away if you get court papers.
If you receive court papers then a creditor may be able to take your wages or property. This is if they get a judgement and then after waiting at least another 14 days.

If your bill is turned over to a debt collector you will have more legal protection.
Unlike creditors, collectors are subject to a federal law called the Fair Debt Collection Practices Act (FDCPA). This law prohibits harassment or deception. A debt collector is anyone who regularly collects debts owed to others. This can include lawyers

Debt collectors can't contact you at unreasonable hours such as Sunday mornings. Unless you give permission in advance, a debt collector may not call you at before 8 a.m. or after 9 p.m. They can't call you at work or use obscene language. It is against the law for them to call repeatedly to annoy you. They are not allowed to threaten to sue you unless they do plan to do so. They can't threaten to immediately garnish your wages unless they have already sued you and gotten a judgment. No one can take Social Security, SSI, TANF, VA benefits and Food Stamps. Even though theCollection Practices Act puts limits on what debt collectors can do; the law does not erase any debt you owe.

If you have a lawyer, the debt collector must call the lawyer, rather than you. If you do not have a lawyer, a collector may call you and other people to ask where you live, what your phone number is, and where you work.


Wednesday, July 27, 2011

Take Me Out To The Ball Game

Many years before I went to law school I lived in downtown Russellville. It was common practice then to contact city hall when you wanted something done. I’m not talking about a complaint or getting an ordinance passed I’m talking about a little work around the home place. If you backed a candidate and that candidate won you could expect a little help.


I had a family member who needed a drainage ditch dug on his private property. The city sent some employees over to take care of it. It was just a few hours work and it didn’t seem to bother anyone. The same was true for many things such as using the city’s employee to run the city’s dozer or grader to do a little work on private property.

This all changed a little many years ago. The laws forbid anyone employed by the city, county, or state to do work on private property while being paid by the government. It also made it illegal to use city, state or county equipment on private property.

Now, however, the law is much tougher. The 2010 special session of Alabama legislature passed a new ethics law. This act became law on January 1st of this year. It requires all city mayors to attend a training session on the new law. It also requires that every state office holder to attend the ethics training sessions.

The law makes it clear that any person that works for the state, an Alabama county, or city is forbidden from doing work on private property. In May of this year a mayor was accused of using city pump trucks to remove water from a parking lot where a for-profit event was scheduled. The law also makes it clear that any person that is an elected official of the state, an Alabama county or city is forbidden from receiving anything of value from another person. William B. "Bill" Blount was an investment banker, bond underwriter, and former Alabama Democratic Party chairman. Jefferson County Commissioner, Mary Buckelew was given a few gifts by Mr. Blount. These gifts included Italian designer shoes, purses and a spa treatment. She was given a light sentence under the old ethics law. Under this new law she could have receive substantial prison time. A conviction under the state ethics law can yield a prison sentence of two to 20 years on each offense and a fine of up to a $30,000 per offense.

Elected officials are not allowed to use their office for personal gain even if the gain is very small. There is controversy brewing in Montgomery over baseball tickets. The Montgomery Biscuits (here is their link http://www.biscuitsbaseball.com/schedule.html ) season ticket holders often took state officials out to the ball game. Now they are reluctant to do so. Some have said they don’t think they will be able to use the tickets anymore because they can’t take their elected friends with them. Let’s just hope they don’t buy them some peanuts and Cracker Jacks.