California Legal and Regulatory News

January 23, 2008

California DUI News

Filed under: Legal news — safercalifornia @ 1:48 am

In California legal related news, the results are in for the holiday season from the Highway Patrol in the

San Diego area there were a staggering one hundred and eighteen arrests for driving under the influence in the county from the 21st of December through Christmas Day.

   Meanwhile, the total numbers of DUI arrests in the previous year was one hundred and six, statewide the arrests this year were 1,661 and last year for the same dates there were 1,351 arrests for DUI. The statewide deaths were also up from last year’s figures including four in San Diego County.  

  During this holiday season the Highway Patrol had appoximately eighty percent of their officers out on patrol in search of offenders of the DUI laws.

    The Sheriffs Department also suspended the quick release program that is in place during the holiday season, this resulted in offenders of the DUI law when charged with a misdemeanor DUI charge to post a $2,500 amount of bail or if they could not they stayed in the jail to await arraignment. However if the arrest was on a felony charge of DUI the bail option was not available. If you are in the LA area and you require a top notch Los Angeles cruise ship accident lawyer  then highly respected law offices of Steven Sweat can be of some assistance should you require san diego criminal defense attorney, san diego drunk driving lawyers, a Los Angeles cruise ship accident lawyer, a san diego lemon law attorney or if you have suffered from things like Negligance, a motorcycle accident, burn injuries, spinal cord injury, slip and fall or even wrongful termination. Now back to the news story at hand:

   During the New Year’s holiday there were twenty Highway Patrol Officers in

San Diego while thirty-three officers be in the rest of the county. While driving while intoxicated is obviously on the rise in many parts of the country many people were shocked by the final tally. The authorities have been especially touph lately

January 16, 2008

New Case against Apple from San Diego County Womean

Filed under: Technology news, Legal news — safercalifornia @ 8:04 pm

 There are reports of a lawsuit against Apple over their lack of DRM-WMA files capabilities, this feature while is available on the iPod has been disabled; this type of file can be converted at the iTunes website, apparently. The woman, who lives in San Diego County, California brought this lawsuit against the Apple Corporation and the it claims that the technology giant has been and is currently employing unfair trade practices. This particular lawsuit is considered to be a somewhat case in some quarters as there are other means of loading these types of files once converted, for example from A ripped cd using iTunes in order to transfer them to the iPod. There are also DRM free music which may be found on several websites and be drug to iTunes to transfer them to the iPod.

   For this to be a true case that could be prosecuted and won would be if Apple were violating the antitrust laws. This would be if Apple manufactured the iPod to only be capable of loading music that is available from iTunes only and no other place.

   This is not the case, songs can be found in more places than iTunes and so Apple does not hold a monopoly on the iPod music that is available to iPod owners.

   More news about the outcome of this case will certainly be found when the case heads to court.

January 11, 2008

More Californians avoiding Baja due to Crime

Filed under: Safety Issues, State News — safercalifornia @ 1:15 am

Visitors from the United States in general and California in particular are becoming increasingly reluctant to visit Mexico’s Baja California peninsula, especially without a secure hotel room. The Reuters online news network has reported that weddings have been canceled. Lobster houses are nearly empty on the normally well traveled New Year’s weekend.
While the Mexican Government has reportedly been handing out maps of trails for immigrants to enter the U.S. illegally, it is somewhat ironic that many Americans are deliberately avoiding mexico.
Americans have long tolerated shakedowns by law enforcement authorities south of the border who all too routinely supplement their income by pulling over drivers for supposed traffic violations, and visitors have long realized that some sections of Baja California are a hotbed of narcotic-driven violence. Yet a number of assaults in the last few months by masked and armed bandits,
a few of which have been using flashing lights in order to look like the police, seems to symbolize a whole new low which has scared even veteran visitors.

Lori Hoffman, for example, who happens to be a San Diego nurse, stated that she was sexually assaulted on October 23 by 2 masked men right in front of her boyfriend, San Diego Surfing Academy owner Pat Weber, who was forced to kneel at gunpoint for some forty five long minutes while they raped her. They were at a campground with at least thirty tents, about two hundred miles or so south of the California border.

The masked Mexican men shot out windows of their trailer and forced their way inside, ransacked the cupboards and left with about $7,000 worth of merchandise such as computers, video equipment and even a guitar.

Weber, who has taught dozens of students in Mexico over the last ten years, will not be returning. “No more Mexico,” stated Lori Hoffman, who reported the attack to the Mexican authorities. perhaps not surprisingly, there have been no arrests.

News of these horrible assaults on U.S. tourists has begun to overwhelm this appeal, especially in the northern region of Baja California, which is a haven for lawless narcotic gangs. The relatively isolated southern tip of Baja, meanwhile, with several popular resourts, remains safer, relatively speaking and is still quite popular with many celebrities, anglers and visitors fromother countries as well.

Local media and also various surfing sites which promoted Baja California previously have reported a number of horrific crimes which U.S. and Mexican officials alike consider to be credible. Some Longtime visitors are especially wary of a toll road near the border which runs through Playas de Rosarito, also known as Rosarito Beach.

At the end of November, for example, as they returned from the Baja 1000 off-road race, a San Diego family was pulled over on the toll road by a vehicle with flashing lights. A number of heavily armed men then held the whole family hostage for some 2 hours. They finally released them but stole their vehicle, leaving them stranded and in shock.

Before dawn on Aug. 31, three surfers were carjacked on the same stretch of highway. Gunmen pulled them over in a car with flashing lights, forced them out of their vehicles and ordered one to kneel. They took the trucks and left the surfers.

Aqua Adventures of San Diego scrapped its annual three-day kayak trip to scout for whales in January, ending a run of about 10 years. Customers had already been complaining about longer waits to return to the U.S.; crime gave them another reason to stay away.

 In the meantime,  the State Department has long been prudently warning motorists on Mexico’s border to watch for people following them, though no new warnings have been issued.

January 8, 2008

New Technology Lawsuit filed in California

Filed under: Technology news, State News, Legal news — safercalifornia @ 9:29 pm

In legal and technology related news, an antitrust lawsuit has been filed in California on December 31 charging Apple with monopolistic behavior in the digital music market. While the case looks weak, it also draws attention to some questionable Apple policies)
The superb writer David Zeiler of the ‘Baltimore Sun’ online newspaper brought up some excellent points and made some very interesting observations when he discussed
the iTunes-iPod lawsuit on his bog recently. he is an expert regarding th Apple Corporation (and also, it seems a critic of it. But his journalism is always excellent
and thought provoking at the same time. Of course we all know by now that the legal suit in question claims that the Apple Corporation has used it’s powerful position in the digital music market heirarchy to shut down it’s competitors in a number of different ways.
 One way is the iPod’s withdrawal of support concerning Microsoft’s Windows Media Audio format, in contrast to most other digital music players and online download stores.
All in all, this antitrust lawsuit filed in California appears rather weak on the surface to some insiders and experts, but it also has the effect of drawing critical attention to certain Apple corporate policies.
One way that the technology giant allegedly freezes out it’s competitors is in the stubborn refusal to license the FairPlay DRM that it uses in the AAC-formatted songs that are available on the iTunes Store, so that the competitors do not have the possibility of offering FairPlay-compatible gadgets or songs.  By the way if you are based in the southern California area and you require a good dui or perhaps Los Angeles Car Accident Attorneys then you should by all means call the good offices of Ehline Law. Their reputation in this field is stellar. So whether you require a los angeles drunk driving lawyer, a dui lawyer torrance or any other los angeles criminal defense attorneys these guys can help.  Now back to the article…………Apple’s policies in business may at first glance seem unethical but whether or not is is actually, technically illegal remains to be seen in a court of law. David noted how the legal suit, on more than one occasion,
 refers to how Apple’s behavior has restrained “what little competition remains in the digital music markets.” He said this type of thing is common in virtually every type of industry that there is. He then made note of
of the Microsoft Corporation and their Zune player last  year and Amazon.com with its MP3 download store just this past fall 2007. If Apple had total control of the digital music market, he contends, then new players would simply not be entering it.
The corporation has a lot of competition, as it turnss out. As a matter of fact, he notes, buyers may rather easily avoid Apple’s products and services if they wish to. It has been glaringly obvious for many years that the majority of people choose Apple’s items since they prefer them and
not since they think that they have little real choice, which is what the suit may be trying to spin, in his opinion. In any case, the
legal case in question refers to how iPod owners are made or “forced” to purchase songs from the iTunes internet site, and that buying FairPlay AAC songs from that store “locks” that them to the iPod, as the songs may not be played on any other mp3 player.First of all, as David observently points out,
the Amazon e-Store sells MP3s with no DRM which may play on any playerand in fact produced by any vendor. In addition, he says, the iPod may play unprotected MP3s songs which are obtained from any source at all.
Second of all, David writes, Steve Jobs said in his “Thoughts on Music” essay the previous year that only some three percent (amere three percent for goodness sakes!) of the songs on the run of the mill iPod is bought from the iTunes e-commerce website.
In fact the majority of iPods are filled to the brim with songs that are “ripped: from the owner’s own song archives. Even the FairPlay stuff purchased from iTunes, he says, may be burned to a CD and then re-ripped back to a computer in a DRM-free format.
All in all, he beleives that Apple will keep its iPod-iTunes-FairPlay fence intact for as long as it possibly can. This gaps gives the corporation a certain plausable defense against exactly these type of lawsuits, yet the continued existence helps to maintain the business model. Nonetheless, he says,
it smacks od being just a tad unethical and not particularly consumer-friendly – which are aspects that Apple has been known to espouse.

January 6, 2008

EPA Sued by California over Emissions

Filed under: Safety Issues, State News, Regulatory news, Legal news — safercalifornia @ 12:22 am

In news out of Sacramento, California sued the United States Environmental Protection Agency today for denying its first-in-the-country greenhouse gas limititations on various types of motor vehicles, challenging the Federal Government’s decision that individuals states should not be setting their own setting emission standards. Additional states such as Vermont and possibly New York are believed to be joining this suit, which was anticipated after the EPA on December 19 denied the Golden State’s request for a waiver, which is currently mandated.
The suit in question was filed in the 9th United States Circuit Court of Appeals in San Francisco. EPA Administrator Stephen L. Johnson denied California a waiver which would be required under the federal Clean Air Act to move forward with regulating greenhouse gas emissions from new cars and trucks.In announcing this decision, Johnson stated that the federal government was moving onward with a wider solution and dismissed California’s arguments that it faced unusual threats from the impending climate changes.Johnson said energy legislation will help to raise fuel economy standards around the country to an average of thirty-five mpg within about tweleve years or so. He thinks it is a better idea than a lot of state regulations. Meanwhile, EPA spokesman Jonathan Shradar said the federal Energy Independence and Security Act “is a more beneficial national approach…..” Meanwhile Golden State officials claim that the 2004 law is more strict than the new national standard. It would have required the auto industry to cut emissions by one-third in new vehicles by 2016 or reach an average of 36.8 mpg.   By the way, if you have been in an automobile accident and you require legal help, take a look at Los Angeles Car Crash Attorneys
and if you have been involved in a motorcycle mishap please take a look at los angeles motorcycle accident attorneys   The folks at Ehline law are quite simply some of the best los angeles criminal defense attorneys you will be able ti find and they cover a nimber of localities throughout Southern California including Burbank,Century City, Newport Beach, Redondo beach and Torrance.Incidentially 12 additional states including Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont and Washington — have adopted the California emissions standards and the governors of Arizona, Colorado, Florida and Utah have said they plan to in the near future. The rules also are under consideration in Iowa.

15 states plan to intervene on California’s behalf, including 13 of those that have either adopted or are in the process of adopting the rules. Delaware and Illinois, which have not passed the standards, also are part of the lawsuit.
The EPA’s decision was a big victory for auto manufacturers in general, which had hoped that they would not be forced to limit their selection of automobiles and raise prices in the states which adopted California’s standards.It was the first time the EPA had fully denied California a waiver under the Clean Air Act since Congress gave the state the right to obtain such waivers in 1967.
The auto regulations are an integral part of California’s global warming law, which has the goal of reducing emissions by a full quarter within the next twelve years.
 Auto emissions account for about almost twenty percent of the state’s proposed reductions.



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