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Recent Blog Posts
Watch Out for Driving Violations That Could Result in the Loss of your Connecticut License
Connecticut State Troopers were busy over the Thanksgiving weekend. According to a statement the agency recently issued, troopers made 50 driving under the influence arrests from Wednesday at midnight until Sunday at 11:59 p.m. State troopers stepped up their enforcement of Connecticut roads during the long weekend, also reporting 501 violations issued for speeding, 118 violations issued for seat belt violations, and another 559 violations issued for other hazardous driving behaviors. Hazardous violations include following too closely and using a cell phone while driving.
With the holiday season in full swing, drivers should be aware that law enforcement will continue to be out in full force between now and the New Year holiday, continuing to arrest drivers they suspect of DUI and issuing violations for traffic infractions.
Law Enforcement Reports Rise in Organized Retail Theft in Connecticut
There have recently been multiple reports about an increase in retail theft across the country. According to the results of surveys conducted by the National Retail Federation, retail stores are getting hit more often, especially by organized retail theft gangs. There has also been an alarming increase in the number of incidents where the alleged thieves are more violent and aggressive towards store employees who try to stop them.
Rise in Connecticut Incidents
Stores throughout Connecticut have also experienced a marked increase in retail theft incidents. Grocery stores, in particular, are reporting more and more retail theft incidents to law enforcement. Many of these incidents involve multiple people working together to steal products, as organized retail crime has become more of an issue over the past several years. There has also been a spike in the number of incidents where violence and threats of violence were made against store employees when confronted.
The Confusion Over Federal and State Marijuana Laws
As of this writing, 36 states allow for the medical use of cannabis products, and 18 states have enacted legislation to regulate cannabis for nonmedical use. The state of Connecticut was the 18th state to legalize the recreational use of cannabis for adults.
Whether you are in a state that has approved the use of marijuana for medical or recreational reasons, you can technically still be charged with a federal drug crime if you use or dispense the drug. This is because federal law almost always overrides state law, and despite the legalization of marijuana for various uses in different states, it is still considered an illegal drug under federal law.
Differences Between Federal and State Law
The federal Controlled Substances Act prohibits any use of marijuana, categorizing it as a drug with no accepted medical purpose and a high potential for abuse. In states that have passed medical marijuana laws, a person is allowed to use medical marijuana to treat a debilitating condition. The person must have a prescription from their doctor for one of the approved medical conditions the state law allows. Medical marijuana laws also regulate the producers and dispensaries licensed to produce the drug and it is at these dispensaries where people are required to purchase their medical marijuana.
Update: Restrictions on Gun Ownership in Connecticut
Next month will be the ninth anniversary of the tragic Sandy Hook Elementary School shooting in Newtown, CT, where a 20-year-old man shot and killed 20 children between six and seven years old and six adult staff members. There has been major debate on gun control and gun ownership in the almost decade since the tragic event, including some changes to gun laws in Connecticut.
In 2018, Connecticut lawmakers passed a new law regarding firearms, specifically focused on any illegal attempt at mechanical enhancements that enables rapid firing of the gun. These enhancements basically take a semiautomatic weapon and turn into a machine gun. There have been multiple mass shootings where the shooter used rapid-fire enhanced guns.
One of the most common of these mechanical enhancements is a bump stock. The rear portion of a long firearm is referred to as the stock. Bump stocks are gun stocks that take the energy from the gunshots and use it to trigger repeated firing of the gun’s shooting mechanism.
DUI Arrest: Not the Treat You Want for Halloween
As October winds down and we enter the last weekend of the month, many people will be attending Halloween parties and other festivities. Many people will also be drinking alcohol at these events. Unfortunately, drunk driving is responsible for almost half of the car accident fatalities that occur Halloween night. There is also a high rate of pedestrian deaths that are alcohol-related, more than 25 percent.
These high statistics have led to more and more law enforcement patrolling roads, watching out for drunk drivers. There are also many DUI checkpoints that are set up in the effort to keep drivers under the influence of alcohol off the roads. If you have been arrested for drunk driving, you could be facing significant penalties depending on the circumstances of your arrest.
DUI in Connecticut
Under Connecticut law, if you are operating a vehicle with a blood alcohol concentration of .08 percent or higher, you will be arrested and charged with DUI. If you are under the age of 21, a BAC of .02 percent or higher will get you charged.
Do I Need a Connecticut Real Estate Attorney When Buying a New Home?
Over the past year or so, the real estate market has been booming here in Connecticut and across the country. The norm has become that when a “for sale” sign is put in front of a home, it is only a matter of days before an “under agreement” sticker is added.
If you are in the market for a new home or have already been lucky enough to have an offer you put on one accepted, there are a myriad of issues that need to be addressed for the transaction. While there is no law that legally requires a buyer to retain the help of a real estate attorney, having one looking out for your best interest can be critical to avoiding costly legal issues further down the road.
How a Real Estate Attorney Can Help
The majority of residential real estate transactions are done with the assistance of a real estate broker or agent. It is not uncommon for there to be two agents involved in a sale – the seller’s agent and the buyer’s agent. Keep in mind, however, that these agents are earning commissions on the sale. Therefore, their goals will be to do everything they can to ensure the sale goes through. If the purchase falls through, there is no commission and no financial reimbursement for the hours the agents have spent on the potential transaction.
What Should You Do If Police Have a Warrant for Your Arrest?
If you live in Connecticut and suspect there is an active warrant out for your arrest, there are critical steps you should be aware of. Whether or not you have actually committed the crime, a warrant means that police have enough probable cause to believe you did, a prosecutor agreed, and the warrant was issued. Before contacting police, it is important to contact a Stamford criminal defense attorney first.
Types of Warrants
There are two types of warrants that may be issued – an arrest warrant or a bench warrant. An arrest warrant is issued by a judge and cites a specific crime the individual is being accused of. An arrest warrant does not expire and is valid until the accused is in the custody of law enforcement.
Bench warrants are issued if a person out on bail fails to appear for any scheduled court dates or fails to comply with any orders issued by the court. It is usually issued by the judge who is presiding over the case. A bench warrant can also be issued for failing to pay a traffic violation, failing to pay child support, or even failing to appear for jury duty. While a bench warrant may not sound as serious as an arrest warrant, the result is the same – the accused will eventually end up in police custody.
What Are the Laws Regarding Handguns in Connecticut?
The state of Connecticut is teaming up with New Jersey, New York, and Pennsylvania in an effort to combat gun violence and shutting down gun networks that pass back and forth across state lines. The four states will be sharing information regarding firearm purchases in order to help prevent gun crimes, including straw buyers. This data that is shared will only be available to law enforcement.
States’ Agreement
According to the governors from each of the states, the issue of guns crossing state lines has become an epidemic, citing how gun violence had spiked during the COVID-19 pandemic. During the announcement, the governor of New Jersey pointed out that almost 85 percent of guns that have been recovered by law enforcement during the past six months have come from other states.
The four states will use the information they receive from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives that reveals who purchased and sold any guns that are seized during a criminal investigation. Each state will have designated law enforcement personnel who will be the only ones to have access to the information. Should there be any unauthorized access, copying, disclosure, or any other misuse, the state must notify the other states right away.
What Are the Penalties for Overweight Truck Violations in Connecticut?
Truck drivers are required to follow strict regulations related to the operation of commercial vehicles. Some of the most important of these regulations address the amount of cargo a commercial truck is allowed to carry. Weight limits are based on the number of axles on a truck and trailer, and truck drivers are required to have their trucks weighed regularly to ensure that they are in compliance with these limits. Drivers who are charged with overweight truck violations will need to understand the specific penalties they may face and how these penalties may affect their ability to continue driving a commercial vehicle.
Fines and Other Penalties for Overweight Violations
Most of the time, the amount that a driver will be fined will be based on how far their truck is over the weight limit. The fines are charged as follows:
How Are Field Sobriety Tests Administered in a DUI Traffic Stop?
Being pulled over by a police officer can be a stressful and intimidating experience, especially if the officer may have reason to believe that a person was driving while under the influence of alcohol or drugs. An officer will look at a number of factors when determining whether a person may be intoxicated, and in some cases, a driver may be asked to take field sobriety tests. These tests involve multiple physical or verbal activities that allow an officer to gauge a person’s level of intoxication, and the results of these tests may provide probable cause to make an arrest. Drivers can be sure they are addressing these situations properly by understanding the types of tests they may be asked to perform and how these tests may indicate intoxication.
Standardized Field Sobriety Tests
People may be familiar with tests that may be used by a police officer to determine whether a driver is intoxicated, if only because they have seen them performed on TV shows. Some of these depictions may involve a person being asked to recite the alphabet backwards or touch their fingertips to their nose. However, there are only three Standardized Field Sobriety Tests (SFSTs) that are approved by the National Highway Traffic Safety Administration (NHTSA):
The Law Offices of Daniel P. Weiner in Stamford, Connecticut serves clients in Greenwich, Norwalk, New Canaan, Darien, Westport, Bridgeport, Fairfield, Danbury, Wilton and clients throughout Fairfield County and across Connecticut (CT).
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