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The Witch Hunt
Hunter Biden Cashed In to Fuel His Drug and Sex Habits
by George Neumayr
Targeting People With Mental Illness and Dementia for Euthanasia
A Red Wave Through the Bayou
by Scott McKay
Is Mass Immigration Killing Two-Party Democracy in the U.S.?
by James Delmont
Hot Off
Constitutional Opinions
Trump's Impeachment Is Unconstitutional and Undemocratic
by Shmuel Klatzkin
California's Ongoing War on Work
by Steven Greenhut
The Nation's Pulse
With Trump Out of the White House, Will His Followers Secede?
by Doug Bandow
A More Perfect and Lasting Union
by Jackie Gingrich Cushman
Free the Market
Joe Biden's Plan to Build the United States of Italia
by Veronique de Rugy
"Congratulations America," Donald Trump tweeted Thursday. "[W]e are now into the second year of the greatest Witch Hunt in American History."
Tituba, spectrally and respectfully, disagrees.
The greatest witch hunt in American history, which concluded 325 years ago this month, featured several Robert Mueller-type figures, including, especially, Cotton Mather. Though Mather did not directly participate in the Salem witch trials, he laid the intellectual foundation for the hysteria and egged it on through letters counseling the Salemites that "the devil was often transformed into an angel of light" and congratulating them on "the speedy and vigorous prosecution of such as have rendered themselves obnoxious."
The essential component of witch hunts are not witches but hunters, and these latter figures, unlike the former, display a unique character of a similar, self-righteous quality. Harvard Professor E.W. Taylor, writing of Mather in the five-volume Commonwealth History of Massachusetts, points out that "he was confident that he had a special and very important mission in the world. Combined with these attributes was an egotism which is almost beyond comprehension. Responsibility rested heavily upon him."
Cotton Mathers forever walk the earth in search of witches to destroy. The latest episode in witch huntery fixates on nonexistent collusion between the Russian government and the Americans seeking to capture the American presidency. Though unable to prove collusion, the hunters seek vindication in proving something, anything. The purported investigation appears more and more like a coverup designed to distract the American people against crimes committed by the investigators.
The zeal of the current witch hunters manifests itself in their ideological makeup, over-the-top methods, and the obvious conflicts of interest that they overlook.
Politifact notes that the lawyers identified as working for Mueller donated $23 to Democrats for every $1 they gave in campaign contributions to Republicans. The Daily Caller reported that the special counsel counts 13 registered Democrats out of the 16 attorneys known to work for him and not a single Republican. This explains why Peter Strzok and Lisa Page, who disparaged the president and agreed not to go in "loaded for bear" when questioning Hillary Clinton, did not stick out on such a team.
The basis of the investigation, established before Mueller's involvement in the case, stemmed from opposition research funded by the Hillary Clinton campaign, compiled in part by hacks Sidney Blumenthal and Cody Shearer, and presented to the FBI by Christopher Steele. The involvement of Steele, a former MI6 agent, seems to confirm Mueller's case of foreign meddling in a U.S. presidential campaign. Strangely, he seems uneager to prove what seems already proven.
Worse still, the New York Times reports that the FBI had "at least one government informant" inside of the Trump campaign. The article indicates a government counterintelligence effort waged against the opposition party. Peter Strzok's not-so-cryptic text stating "the White House is running this" further illustrates the stakes involved in the witch hunt.
Beyond relying on the dubious information compiled by dubious means buttressing surveillance warrants against at least one advisor to the Trump campaign, itself unprecedented in the republic's history, Mueller coordinated a raid on the personal lawyer of the president of the United States.
With collusion, the raison d'être of the endeavor, unproven, Mueller strays from his ostensible purpose. Judge T.S. Ellis, presiding over Mueller's case against Paul Manafort, questions both the special counsel's mandate to investigate matters unrelated to Russian collusion and his motives. "You don't really care about Mr. Manafort," Ellis explained from the bench. "You really care about what information Mr. Manafort can give you to lead to Mr. Trump."
The whole investigation reeks of a massive intrusion on civil liberties and a stampeding of the norms of democratic governance.
The blinders to these infringements stem in great part because Mueller compiled a team of partisans. They fail to see their own malfeasance because of their politically-closed composition, just as the special counsel's ties to key players in the investigation necessarily biases him. He oversees an investigation that on one side involves accusations of massive criminal wrongdoing against the bureau he once led and the friend that he recommended to succeed him in leading it. But people who imagine their subjective outlook as objective reality, pure from the contamination of ties and biases, believe conflict-of-interest rules were made for lesser mortals.
Witch hunts conjure up images of vulgar mobs bearing torches and pitchforks but lacking in teeth. In 1692 and 2018, highly educated people of great means led the hunt for witches. Witch hunts ideologically flatter the hunters, prove politically convenient, and imbue in them the idea that the crusade rids the world of some evil force.
When humans pursue ends they believe glorious they embrace means that sully their endeavors. Mather's zealotry made him unfit for the job he coveted, president of Harvard University. Mueller's fanaticism makes him, like Mather, popular in the moment. But after history takes a deep breath, the reputation of the hunters rarely stand.
It all reminds me of July 1, 1987 when President Ronald Reagan nominated Judge Robert Bork for an opening on the Supreme Court. He had it made in the shade, said my complacent conservative friends. The result was brutal. But we do not have to look back 32 years to see how unruly the leftwing mob can be. Recall the recent fate of Judge Brett Kavanaugh. Only his courage and unscotchable determinate saved him. The simple fact is that the conservatives are often slow on the draw against the American left. Only the Wall Street Journal and the intrepid New York Sun have come out swinging for Moore. It is time for the conservatives to rally around him. He can probably win with the President on his side. He apparently has the votes. Yet the coming battle would be a lot less bloody if the conservative movement were to take the field on Moore's behalf — and make it clear that from now on they are going to wage war for the President's nominees. Print
Daniel J. Flynn
Follow Their Stories:
Daniel J. Flynn, a senior editor of The American Spectator, is the author of Cult City: Harvey Milk, Jim Jones, and 10 Days That Shook San Francisco (ISI Books, 2018), The War on Football (Regnery, 2013), Blue Collar Intellectuals (ISI Books, 2011), A Conservative History of the American Left (Crown Forum, 2008), Intellectual Morons (Crown Forum, 2004), and Why the Left Hates America (Prima Forum, 2002). His articles have appeared in the Los Angeles Times, Chicago Tribune, Boston Globe, New York Post, City Journal, National Review, and his own website, www.flynnfiles.com.
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Home News Briefs Carlyle completes $3.2 bln acquisition of Signode Industrial Group
Carlyle completes $3.2 bln acquisition of Signode Industrial Group
Chris Witkowsky
The Carlyle Group has completed the acquisition of ITW's Industrial Packaging Group, renamed Signode Industrial Group, for $3.2 billion. Signode is a supplier of industrial packaging consumables, tools and equipment.
Global alternative asset manager The Carlyle Group L.P. (NASDAQ: CG), announced today it has completed the acquisition of ITW's Industrial Packaging Group, renamed Signode Industrial Group, for $3.2 billion. Signode Industrial Group is a leading global supplier of industrial packaging consumables, tools and equipment. The company's products secure and protect industrial and consumer goods during manufacturing, storage and transit via commercial trucks, railcars, ocean ships or airfreight. As a leading company in the industrial packaging industry, Signode Industrial Group will build on a foundation of supporting brands with more than a century of outstanding performance.
"We are excited to invest in Signode Industrial Group and believe its strong market position, quality brands and global footprint will enable the company to capitalize on opportunities around the world in both mature and emerging markets. We look forward to our partnership with the company's management team and employees," said Brian Bernasek, Managing Director of The Carlyle Group. The equity investment in Signode Industrial Group was funded from Carlyle Partners VI, Carlyle's US buyout fund.
Mark Burgess, the CEO of Signode Industrial Group, added, "This is a powerful new chapter for Signode Industrial Group. Our brands generate unparalleled brand recognition and respect around the world. We have a global scale with 88 manufacturing locations across six continents. Now as an independent company supported by Carlyle's industrial focus and global network, we are well positioned for terrific growth and success."
About Signode Industrial Group
Signode Industrial Group (SIG) is a leading manufacturer of strap, stretch, and protective packaging consumables, tools, and equipment. The company's products are used to contain, unitize, and protect goods during manufacturing, transport, and warehousing. Its products are sold around the world under a broad array of well-known brand names, including Signode, Strapex, Orgapack, Fleetwood, Mima, Angleboard, Haloila, Muller, Multi-Wall and Shippers. Signode Industrial Group employs nearly 7,000 people across six continents.
About The Carlyle Group
The Carlyle Group (NASDAQ: CG) is a global alternative asset manager with $199 billion of assets under management across 120 funds and 133 fund of funds vehicles as of March 31, 2014. Carlyle's purpose is to invest wisely and create value on behalf of its investors, many of whom are public pensions. Carlyle invests across four segments – Corporate Private Equity, Real Assets, Global Market Strategies and Solutions – in Africa, Asia, Australia, Europe, the Middle East, North America and South America. Carlyle has expertise in various industries, including: aerospace, defense & government services, consumer & retail, energy, financial services, healthcare, industrial, real estate, technology & business services, telecommunications & media and transportation. The Carlyle Group employs more than 1,600 people in 38 offices across six continents.

redpajama_set_name: RedPajamaCommonCrawl


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What to Do After a DUI Arrest
If you have been arrested or cited for DUI, here's what to do next.
If it's been less than 10 days since your arrest or citation, file a request with DMV for an implied consent hearing. Send your request to DMV immediately, by fax, email, or online. There are no exceptions to the 10-day filing deadline.
You should consider asking for an in-person hearing.
You should contact an attorney to confer on your hearing request.
If a police officer gave you paperwork telling you that your license is about to be suspended, you probably will want to challenge DMV's efforts to take your license away from you. This does not commit you to any particular course of action -- but it preserves your options.
Even if you don't request a DMV hearing, unless you have a lawyer, you will have make your first appearance in court either in person or by phone on the DUI charge. This is a criminal matter, and it's separate from the DMV case.
Oregon is particularly strict in its DUI laws. Drivers and DUI attorneys from other states frequently comment that Oregon has some of the toughest DUI laws anywhere.
A judge will encourage you to enter a plea of not guilty at your first appearance. This is because the judge will want to ensure your right to talk to an attorney before making any decisions.
You will not need to make any big decisions about your case for at least several weeks. In due course, the police and the district attorney will disclose the evidence.
During this time, you can spare yourself from endless worry by hiring an attorney who will represent you in plea negotiations with the district attorney, and at all stages of your court proceedings. A lawyer can ensure that most of your personal appearances before the court can be avoided. An attorney can advise you on the potential outcomes in your case.
If you have heard about the court's diversion program, you may already be concerned about whether you should apply to enter this program. You should consider your options carefully. Take your time.
Diversion may be the best move for some persons. It may be the worst move for others. For example, diversion may not be a good idea for someone with a professional license or a security clearance. It may not be the best option for a person who wants to keep a job, rent a car or travel outside of the United States. Diversion is always the worst choice when you compare it to having a case dismissed, or being acquitted at a trial by jury.
If diversion is offered, your second court appearance generally is set four weeks from your first. This allows time for you to decide on whether or not you want to engage an attorney, review the police evidence, and consider your options.
Maybe You Can Save Your License
DMV license suspension hearings are useful in preparing a defense in a DUI case. Your attorney can issue subpoenas that require police to bring their videos to the DMV hearing. DMV hearings provide the opportunity to cross examine the arresting officer and other witnesses, get police reports and watch videos of an arrest.
To contest a proposed license suspension, the request for a hearing must be submitted within 10 days of your arrest for DUI.
Ask for a DMV license suspension hearing immediately after an arrest or citation for DUI.
It's possible to contest your DMV license suspension and prevail.
Get Your License Back
Request a DMV hearing immediately after an arrest or citation for DUI.
Remember: If the police took your driver's license, you have only 10 days to request a hearing on a DMV license suspension.
Diversion Isn't Always Your Best Choice
Diversion Is a Last Resort, Not a First Resort
Diversion is a government-sponsored behavior modification program. It is administered by the probation department in cooperation with the court and private treatment providers.
Completion of the diversion program will result in a dismissal of your DUI charge. However, diversion does not remove a DUI from your criminal record.
Many agencies of the federal government treat diversion like a conviction for a crime. So do other countries. If you enter diversion, you may not be allowed to enter other countries, including Canada.
There may be employment consequences if you have a professional license. Professional licensing agencies may initiate inquiries and investigations regarding DUIs that were resolved in a diversion agreement.
A person charged with DUI should consider diversion as a last resort, not a first resort.
Diversion is an option that should be considered carefully. Anybody who is thinking about entering diversion should have the clear understanding that diversion is an option to be considered only when all other options have been exhausted.
When you go to court for the first time, remember: You have 30 days from the date of your first court appearance to decide if you want to enter diversion.
First, Look at the Evidence
The court generally sets a second hearing approximately four weeks out from your first appearance. During this time the police and the district attorney will respond to requests to release all of the evidence in your case.
The district attorney will object to diversion if your criminal and driving record show you are ineligible for the program. In this event, the district attorney will make a plea offer.
In some cases, the evidence may show that the police violated a defendant's rights, and that evidence was obtained unlawfully. Or, there may be facts in a case that should be investigated.
Until all of the evidence is discovered, and all the facts are known, you are presumed innocent. You should continue to invoke your right to remain silent.
Many new clients ask if there is a possibility of negotiating a plea and settling the case with a guilty plea to a lesser offense. In Oregon, the law does not permit a person charged with DUI to plead to a lesser charge. The only break available in Oregon for a first-time DUI is a program known as "diversion."
Diversion is a government-sponsored behavior modification program. It is administered by the probation department in cooperation with the courts and private treatment providers.
The worst problem with diversion is that, to take advantage of the opportunity to enter this program, a person has to plead guilty or no contest to a crime.
Diversion Has Lots of Consequences and Conditions
Diversion is offered only if a defendant has had no prior DUIs in the past 15 years.
Diversion isn't easy. It's not cheap, either. And, what you do in diversion is very similar to what you have to do if you are convicted of DUI and sentenced to probation.
However, there are advantages to diversion that make it attractive to a lot of people:
(1) There is no possibility of jail (as long as the program requirements are completed), and
(2) There is no license suspension. (This does not affect any implied-consent suspension ordered by the DMV.)
A person won't lose the chance to enter diversion by asking a judge for time to talk with an attorney about the diversion option.
Judges are always willing to schedule a second court appearance so that a person charged with DUI will have time to meet with an attorney and consider alternatives before accepting an offer to enter diversion.
DUI Is Never Removed from Your Criminal Record
Successful completion of the diversion program will result in a dismissal of a DUI charge. However, diversion does not remove a DUI from a person's criminal record. The original charge, the plea, the court order allowing entry into diversion, and notices of compliance with the diversion program will remain permanently in the court's public records.
If a person entering diversion doesn't abide by the diversion agreement (for example, by drinking or getting arrested again for DUI), or doesn't complete the requirements of the diversion program, the court proceeds to sentencing on the guilty or no contest plea that is already entered.
If the diversion agreement is revoked, penalties are imposed, including jail, fines, and suspension of driving privileges.
Diversion Has Entrance Requirements
If you decide to take the deal and get into diversion, these are the requirements to enter and complete the diversion program:
(1) Plead to DUI.
(2) Pay the program fee ($490).
(3) Report to the Jackson County Community Justice office for an alcohol and drug evaluation.
(4) Pay $150 for the drug and alcohol evaluation.
(5) Enroll in a treatment program.
(6) Abstain completely from alcohol and all non-prescription drugs for the diversion period (one year).
(7) Install an ignition-interlock device.
DUI diversion is a one-year program. If all of the program requirements are successfully completed, the criminal charge is dismissed (although it remains a part of a life-long criminal record).
In a diversion, a person's criminal record will always show the arrest, plea, entry into diversion and, finally, the dismissal of the case. It is a public record.
Find an Attorney Who Specializes in DUI Law
Keep in mind that many lawyers who are not specialists in this area of the law (and many judges, too) will automatically tell you that you should enter diversion before they know the first thing about your case.
Before pleading guilty or no contest to DUI or any other crime, it's best to review the police reports and talk to a lawyer. You definitely should speak with an experienced DUI specialist before you agree to enter the diversion program.
You should plead NOT GUILTY at your first court appearance on a DUI.
At your first court appearance, the judge will set a new court date, about a month out.
You can use that time to get all of the discovery in your case, review it with an attorney, and make the decisions that are right for you.
The Judge Will Tell You to Take Yourself to Jail
Booking Ordered After Arraignment
When a person comes to court for a first appearance (the arraignment), the judge will direct the person to go the the clerk's window and sign a "release agreement," and to go then to the Jackson County Jail to be "processed."
Police almost never arrest or hold the people who come to the jail for booking. As soon as they have their pictures and fingerprints done, they go on their way.
How Jail Booking Is Done
To be "booked," or "processed," a person who has been cited for a crime and released without being taken to the jail will have to report to the court and sign a release agreement after being arraigned on a criminal charge.
The release agreement is a promise to appear in court at the next hearing date, and an instruction to report to the jail.
At the jail, a deputy takes pictures and fingerprints. A "state identification number" is assigned. The "process" generally takes a couple of hours.
How Booking Isn't Done
Anybody who grew up watching television will think they know what is supposed to happen when a person gets arrested for DUI. The police make a traffic stop. Then there is a flash of blinding light, and when the picture resolves, we see a mugshot of some hapless individual, holding up a sign with jail numbers.
Arrest and booking procedures have changed in Oregon.
Unless the police decide (or are required otherwise) to put someone in jail, a person who is arrested and taken into custody often won't get booked after an arrest. In many cases, the police leave the arrested person in the custody of a private "detoxification facility." Police also have the discretion to release a driver cited for DUI to a responsible sober person. There are some nice police who give some of their newly-minted defendants a ride home. One way or another, most drivers who are arrested are not taken to jail and are released without being "booked."
To get booked in Jackson County, you have to go to the Jackson County Jail. If you are out of custody, you will have to go see the court clerk at the Jackson County Justice Building and sign a release agreement before you go to the jail.
Why You Have to Go to the Jail
It may seem that the police, who used to take the fingerprints of the people they arrested, have somehow gotten the courts to do their job for them. The sponsor of this legislation, a Multnomah County judge, told me before this measure was enacted that he was interested in tracking the success rates and the recidivism rates of persons enrolled in various DUI treatment programs. He wanted these State Identification Numbers assigned for this purpose. In the meantime, however, the courts seem to have elevated the importance of the booking statutes to a strict, new level of data collection and compliance.
It is unknown to me if any data is being compiled locally that has something to do with the stated intent of this law, which was to collect data on the success of various local treatment programs.
The Official Oregon Booking Law
ORS 813.017 Arraignment; booking. When a person is arraigned on a charge of driving while under the influence of intoxicants in violation of ORS 813.010, a court shall ensure that the defendant submits to booking, if the person has not already been booked on that charge.
A grumpy judge
The courts have viewed their role in the booking process seriously. When a defendant comes to court the first time, the judge will tell the person to report to clerk's window and then the jail. There are clerks assigned to keep track of defendants who haven't been booked. If a defendant returns to court for a second appearance and hasn't been booked, the judges don't like it.
A person who needs to be booked will present a release agreement to the deputy at the jail window. Another deputy will take photographs and fingerprints. A "State Identification Number" will be assigned. This number and the information associated with it will be stored on federal and state law enforcement databases.
Your Mugshot Will Go Online
An actual, sample mugshot from an actual, local mugshot website
Many persons who are arrested for DUI resist the court's directions to get photographed, because they don't want their pictures on a mugshot website. On these websites, the photographs that are taken at the jail, and the charges filed against a criminal defendant, are public record. Deputies and court clerks have been trained to make it a priority to enter this information into government databases.
Additionally, the Jackson County Jail posts photographs of its inmates on the county website. These images go up immediately when an inmate is taken into custody. These photos are taken down almost immediately when a person is released from jail.
However, it is generally impossible to remove or delete images and files from data-gathering sites. Information and photographs posted on a particular public mugshot website may be removed with the agreement of the mugshot website operator.
The process of having a mugshot removed from a website (and the price of this "service") change frequently. There is virtually always a "fee" for having a mugshot removed from these sites. Recently, mugshot sites have posted links to one or another "mugshot removal" site. Proceed with caution. These cost money.
As you already know, once your mugshot is taken by a law enforcement agency, or has been posted online, it will be available on some server cache, somewhere, forever.
Talk With a Criminal Defense Lawyer
As you have gathered, there's usually not a lot I can do about the booking process or the mugshot situation. On the other hand, if you have been arrested or charged with a criminal offense, there is absolutely no rational reason to not discuss your case with a qualified, experienced legal specialist who can help you resolve your legal problems.
If you are being investigated or prosecuted in a criminal or DUI matter, you're welcome to call.
More about Diversion
If you enter the DUI diversion program, the court will expect you to understand your responsibilities.
To have your DUII charge dismissed at the end of your one-year diversion period, you must do the following:
Pay to the court the required diversion fees. These include a $490 program fee.
Complete an alcohol and drug abuse assessment. The cost of the assessment is $150.
Pay for any treatment recommended by the DUI supervisor who performs your alcohol and drug evaluation and screening, and complete the approved treatment program.
Attend a victim impact panel and pay a participation fee. This program is now offered online. The fee for the victim impact panel in Jackson County is presently $50.
Install an approved ignition interlock device in any vehicle you operated during the term of the diversion agreement when you have driving privileges.
Pay to the provider installing the device any costs associated with leasing, installing, and maintaining the device.
Comply with state laws that prohibit the use of intoxicants.
Do not use any alcohol or other intoxicant during the term of the diversion agreement without the approval of the DUI supervisor.
Drinking Boaters Drowning in a Deluge of Laws
Oregon has strict state laws on boating while under the influence of an intoxicant. In many respects, they are virtually identical to laws against driving a motor vehicle while under the influence. In some ways, boating laws are more severe.
Police will consider a boater to be "under the influence" when they suspect that the boater is impaired from the consumption of cannabis, a controlled substance (including a prescription medication), or alcohol.
Boating while under the influence of intoxicants is prohibited on all waterways in this state. These laws apply to boats with motors and boats without motors.
There are striking similarities between the laws prohibiting boating under the influence and driving a motor vehicle while under the influence of an intoxicant. Oregon state law provides that simply by operating a boat, a person has already consented to perform field sobriety tests and chemical tests if requested by a police officer.
A person is presumed to be "under the influence" if a blood alcohol level is proven to be .08 or more.
When a person is arrested for boating under the influence, scheduled bail amounts range from $3,500 to $6,250.
Operating a boat under the influence of an intoxicant is a Class A misdemeanor. A person who is convicted of boating under the influence can be sentenced to a maximum of one year in jail, and fined as much as $6,250.
A conviction for boating under the influence counts as one of a person's first three arrests for driving under the influence of intoxicants.
All boat registrations in the name of a person who is convicted of boating under the influence will be suspended for up to three years.
A person convicted of boating under the influence is not allowed to operate a boat for one year and is required to complete a boating safety course.
It is a Class A misdemeanor for a person to knowingly operate a boat in violation of a court order for conviction of boating under the influence.
The Oregon Court of Appeals has considered constitutional challenges to charges brought against boaters. There have been cases where boaters have successfully raised legal issues on appeal, but at the present time the statutes enacted by the legislature remain in effect.
Stated simply, operating a boat while under the influence of intoxicants is a crime in Oregon. When the police allege that a person was operating a boat while under the influence of intoxicants, this person is exposed to significant legal penalties.
Oregon statutes also provide that if a person refuses or fails a sobriety test, evidence of the refusal or failure may be offered in court.
When someone is convicted of operating a boat while under the influence of intoxicants, the person is not eligible to apply for any certificate of title, registration, or numbering, and all certificates of title, registration and numbering necessary to lawfully operate a boat on Oregon waters will be canceled for at least one year. The marine board states that periods of cancellation or ineligibility are likely to be substantially longer if a person refuses to submit to a sobriety test.
Any person who operates a boat on any waters of this state is deemed to have given consent to submit to field sobriety tests on the request of a police officer if the police officer reasonably suspects that the person has committed the offense of operating a boat while under the influence of intoxicants.
If a person refuses or fails to submit to field sobriety tests evidence of the person's refusal or failure to submit is admissible in any criminal or civil action or proceeding arising out of allegations that the person was operating a boat while under the influence of intoxicants.
When the police suspect a person is boating under the influence of an intoxicant, the investigation may move quickly toward a chemical test of the person's breath by authority of Oregon's "implied consent" law. This law states that, simply by operating a boat on any waters in the state, "shall be deemed to have given consent to submit to chemical tests of the person's breath for the purpose of determining the alcoholic content of the person's blood if the person is arrested for operating a boat while under the influence of intoxicants."
The law also provides, however, that no chemical test of a person's breath shall be given to a person under arrest for operating a boat while under the influence of intoxicants if the person refuses the request of a peace officer to submit to the chemical test after the person has been informed of rights and consequences. On the other hand, if a person refuses or fails to submit to chemical tests of breath, blood or urine, any evidence of the person's refusal or failure to submit is admissible in any criminal or civil action or proceeding arising out of acts alleged to have been committed while the person was operating a boat while under the influence of intoxicating liquor, cannabis or controlled substances.
At the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person operating a boat while under the influence of any intoxicants, if the amount of alcohol in the person's blood at the time alleged is less than 0.08 percent by weight of alcohol and shown by chemical analysis of the person's breath or blood, it is indirect evidence that may be used with other evidence, if any, to determine whether or not the person was then under the influence of intoxicants.
If a test result is .08 or over, a person is presumed to be under the influence of intoxicating liquor. A police officer may obtain a chemical test of the blood to determine the amount of alcohol in any person's blood or a test of the person's blood or a test of the person's blood or urine, or both, to determine the presence of cannabis or a controlled substance. A test can be given when requested by a police officer and the person expressly consents to such a test.
A test can be given without the person's consent if a police officer believes that the person was operating a boat while under the influence of an intoxicating liquor, cannabis or a controlled substance and that evidence of the offense will be found in the person's blood or urine; and the person is unconscious or otherwise in a condition rendering the person incapable of expressly consenting to the test or tests requested.
Boaters also should be aware of crimes and punishments if there has been an accident. Anyone involved in a boat accident must give information and aid to any person who is injured injured person, including transportation to a hospital if treatment appears necessary or is requested by an injured person. Leaving the scene of a boating accident scene before performing a boat operator's duties is a Class C felony, and carries a potential, maximum penalty of five years in prison and a fine of up to $125,000. Boat operators involved in an accident resulting in death, injury or property damage exceeding $2000 must report the accident to the Oregon Marine Board within 48 hours of an accident resulting in death or injury, or within 10 days of an accident causing property or equipment damage. If the operator of a boat isn't capable of submitting an accident report, the law states that an occupant of the boat has to do it.
DUI Conviction May Mean Jail
Jackson County Jail
If you have not ben convicted of DUI or participated in a diversion program within the previous 15 years, these are the typical penalties for a first conviction of DUI:
Two to ten days in jail
A fine of $1,000
Driver's license suspension for one year
Ignition interlock device required after driving privileges are restored
Sixteen weeks of alcohol and drug education or treatment
A DUI charge is a Class A misdemeanor, which means conviction carries a possible sentence of up to a year in jail and a fine of $6,250. In practically all DUI cases, the sentence is much less extreme, with a standard two-day jail sentence and a fine of $1,000 for a first conviction.
In DUI cases where there has been a prior diversion or a conviction, there is no risk of additional jail time being ordered if a defendant decides to take the case to trial.
If there is a conviction on a first DUI and a blood alcohol content was .15 percent or more, the fine increases.
If you already have a DUI on your record, penalties increase for each subsequent conviction. These are the typical penalties for a second DUI conviction:
30-60 days' jail
Two years' bench probation
Driver's license suspension for three to five years
Like any other Class A misdemeanor, Oregon statutes provide that a first or second DUI conviction has a maximum penalty of up to one year in jail and a fine of $6,250.
Home Detention
The fact is, practically no one serves actual, hard, jail time on a misdemeanor DUI.
This is because the court and the community justice office, in cooperation with the sheriff's office, have a program in place that allows persons who have been sentenced to jail to serve their time at home.
When a defendant is sentenced, the court generally sets a date to report to the jail. But the court allows enough time to apply for home detention at the community justice office.
The home detention program lets persons who have been sentenced to jail to continue to go to work.
In the past, applicants for home detention agreed to wear an ankle bracelet continuously during the term of home detention. Monitoring is now done with an app. There's a $30 application fee and the cost of the program is $30 a day.
The Work Center
In some cases, a defendant opts to do jail time rather than home detention. Some elect to go to jail because they expect to be transferred to the Work Center in Talent, where they are housed in better conditions and given the chance to earn an early release in exchange for work.
Options get narrower with a third or subsequent DUI. A felony DUI conviction carries a minimum sentence of 90 days.
At this level, judges may be inclined to order a defendant remanded into custody immediately after conviction.
If a person is arrested for DUI with two prior DUI convictions, there is a high level of probability that the person will be indicted by a grand jury and charged with Felony DUI.
On conviction for Felony DUI, a judge is required to sentence a defendant under a law known as Measure 73.
The minimum sentences on conviction for Felony DUI is 60 days. Generally a fine and other court assessments will total $2,500 or more. Additionally, a third conviction for DUI will result in the following penalties:
Driver's license revocation for life
Alcohol and drug education or treatment
A criminal record that includes a felony
If a third DUI is charged as a Class C felony, Oregon law provides that conviction on this offense carries a maximum penalty of up to five years in prison and a fine of $125,000. A minimum sentence of 90 days is generally imposed on conviction for a first felony conviction for DUI.
DMV Implied Consent Suspension
If you fail or refuse a breath, blood, or urine test, the police will take your license from you, on the spot. They will give you a long, yellow sheet of paper titled, "Implied Consent Combined Report."
This document advises that DMV is suspending your license. This long sheet of paper becomes your temporary driving permit when you sign it. Your temporary permit will remain in effect for 30 days. To challenge the license suspension, you have to request a hearing within 10 days of the date of your citation or arrest.
If you challenge your suspension, you will get a hearing within 30 days of your arrest. At the hearing, if you may be able to show that the proposed suspension should not go into effect.
DUI Can Lead to Loss of License
In most DUI cases, the potential penalty that causes the most anxiety is the loss of driving privileges.
The economic effects of a license suspension are immediate and harsh.
The problem is made worse by the fact that, typically, there are two, separate cases pending when a DUI is charged.
There is a DMV license suspension under the Oregon implied consent laws. This is an administrative matter.
There is also the suspension of driving privileges that is added to a person's sentence when they are convicted of DUI.
Either one of these proceedings -- or both of them -- could end in a driver's license suspension.
If you gave a breath sample of .08 percent breath alcohol content, or above, or if you refused a breath, blood or urine test, the police probably gave you a paper called an "Implied Consent Combined Report." This document advises you that DMV intends to your license for at least 90 days. Refusal to submit to a breath, blood or urine test may result in a license suspension of one year.
If there are any alcohol-related entries on a person's driving record in the previous five years, the one-year suspension increases to three years.
Suspension on conviction for a first offense results in a one-year suspension in Oregon. Court-ordered suspensions are separate from, and in addition to, any DMV-ordered suspension.
The suspension period on a second DUI conviction is three years.
A third DUI conviction will result in revocation of all driving privileges for life.
A person may apply for reinstatement of driving privileges that have been revoked for life after 10 years.
It's Normal to Not Know What to Do
Of the hundreds of people who are charged with DUII and other traffic crimes in Jackson County every year, most will plead guilty. Many will plead guilty to enter diversion, thinking that if they do this, their DUI will be erased from their record at the end of a year. It may be a long time before they realize their mistake.
Others think they will be punished if they tell a judge they're innocent. Or, they believe they have to get into a court-sponsored diversion program immediately, at their first court appearance, or they will lose the chance to plead guilty and go into diversion later.
Unfortunately, these assumptions are incorrect.
Home Detention Updated
When a defendant is sentenced, the court generally sets a date to report to the jail. But the court allows enough time to apply for home detention at the probation office.
Home detention used to be about wearing an ankle bracelet continuously during the period of home detention. Now, however, monitoring is done with cell phones.
There's a $30 application fee to apply for home detention. The cost of the program is $30 a day.
It's a Mistake to Plead Guilty at Your First Court Apearance
The criminal justice system encourages people who have no experience in the law to make mistakes. Nice people are usually at a severe disadvantage.
It's normal for anyone to feel remorse, confusion and embarrassment after getting a DUI or being charged with any other crime. But it is a mistake to go to court and plead guilty or enter a diversion program at your first court appearance.
If you have been arrested or cited for DUI in Oregon, the best idea is to have an attorney go to court with you, or appear on your behalf, at your first appearance date. Our judges allow plenty of time for persons charged with DUI to decide what to do.
Mugshot Website Operators Busted
Mugshots of mugshot website owners Thomas Keesee and Sahar Sarid
Mugshot Website Operators Indicted for Extortion, Money Laundering, Identity Theft
The attorney general of California has announced charges of extortion, money laundering, and identity theft against four defendants who allegedly own and operate a "mugshots.com" website.
Mugshot websites mine data from law enforcement websites, including jails. These websites permanently display the name, booking photograph, and charges filed against virtually any person who is arrested and booked.
In the past, these "mugshot.com" sites have charged fees to persons requesting that their booking photos be taken down.Generally, unless this fee is paid, the photos and information remains online, even where charges are dismissed, a judgment of acquittal is entered, or a criminal record is expunged.
In Oregon, any person who appears in court on any criminal charge is told by the judge to go to the jail for booking. This command is given to all defendants who appear in court after being cited for any misdemeanor or felony crime. Defendants who are cited are told to report to the jail for booking, even if they were not taken into custody or arrested when the police issued a citation.
California Attorney General Xavier Becerra stated in a press release, "This payfor-removal scheme attempts to profit off someone else's humiliation. Those who can't afford to pay into this scheme to have their information removed pay the price when they look for a job, housing, or try to build relationships with others. This is exploitation, plain and simple."
The four named defendants are Sahar Sarid, Kishore Vidya Bhavnanie, Thomas Keesee, and David Usdan.
Allegedly, the defendants extracted more than $64,000 from 175 individuals in California, and more than $2 million from approximately 5,700 persons nationally.
Arrest warrants were served in Florida, Connecticut, and Pennsylvania. (Read the attorney general's press release here.)
Sarid and Keesee were arrested in Florida and will be extradited to California.
Every defendant, including Sarid and Keesee, is presumed innocent until proven guilty.
Do Not Enter a Guilty Plea at Your First Court Appearance
If you have been accused of DUI, chances are you have never been in trouble with the law. You may believe you have no choice but to plead guilty.
While you always have the option of pleading guilty, it shouldn't be your first move.
It makes sense to talk to a criminal defense specialist with experience defending persons who have been charged with DUI. The criminal justice system encourages people who have no experience in the law to make mistakes. Nice people are usually at a severe disadvantage.
It's normal for anyone to feel remorse, confusion and embarrassment after being charged with a crime.
But it is a mistake to go to court and plead guilty at your first court appearance.
Knowing what will happen and what your choices are could relieve a lot of stress and anxiety.
Don't rush into the courtroom in a hurry to surrender all of your legal rights.
Let your attorney appear and represent you in court.
Let your attorney talk to the judge on your behalf.
If you have been arrested or cited for DUI in Oregon, the best idea is to have an attorney go to court with you, or appear on your behalf on your first court date. Our judges allow plenty of time for persons charged with DUI to decide what to do. Legal questions arise in every DUI case. There are questions of whether the police made a lawful stop or a lawful arrest, and whether the police followed the law and their training as they gathered their evidence.
DUI evidence often includes testimony about psychomotor abilities, chemistry, biology, pharmacology, toxicology, and various other fields. The reliability of this evidence often depends on standards and procedures of government-operated crime labs, but these are subject to criticisms among scientists who are not employed by law enforcement agencies. Police are not scientists, yet generally they are allowed to testify that their procedures, along with their opinions, are based on science. They are trained to claim the authority of scientists when they testify at trials.
With this experience and training, it is almost always impossible for an unrepresented person to prevail against the police. However, in the jury selection process, and continuing through the opening statements, cross-examination of the police officer, and closing arguments, an attorney can show a jury the weaknesses in the state's case.
I've taken a lot of DUI cases to trial before juries. I've gone to Boston and New Orleans to study the law and science. I've gone to Los Angeles, Las Vegas and Philadelphia for police training programs in DUI investigation. I've been trained by police in Drug Recognition protocols. I've examined and cross examined forensic experts about the toxicology and effects of alcohol, marijuana, prescription medications, and harder substances such as heroin, cocaine, narcotic analgesics, stimulants and opiates.
From this experience, I'm confident telling you that the criminal justice system, in the interests of keeping us "safe," has established a process for prosecuting DUIs that is often an affront to our Constitutional protections of due process.
The "DUI exceptions" to the Constitution are persistently troubling. The police procedures that are brought to bear against innocent drivers who are doing nothing more offensive than traveling through Jackson County, Oregon, at night, are heavy-handed, and the outcome is often already known before the blue lights begin to flash.
Excesses may include arbitrary arrests, based on minimal evidence, that result in criminal DUI charges. Yet hundreds of people surrender to the court system every year without a question. They admit to accusations of crimes they didn't really commit but didn't know they could fight.
What If You Didn't Do Anything Wrong?
Words of encouragement to nice people
Words of Encouragement to Nice People Who Have Had a Recent Encounter With Law Enforcement
After the barrage of propaganda and publicity the government has sponsored, warning the public of the dangers of DUI, many people believe (incorrectly) that it's against the law to have a drink and then drive in Oregon.
At the same time, police have been trained to enforce DUI laws relentlessly. Once law enforcement oÞcers form the slightest suspicion that a person they have pulled over was drinking (in any amount at all), they conduct an investigation.
Somebody's daughter, wife, mother, or friend, under arrest
Most of my clients had never been in trouble before they got stopped and investigated for DUI. Most of them arrive at the courthouse having never seen the inside of a courtroom. They cannot comprehend the fact that they are being charged with a crime. They are ready to say anything they think will help their situation. Ultimately, they say and do things that make it worse.
There's a dragnet of DUI patrols throughout Oregon. Drivers may be stopped for the most hyper-technical traffic infractions you can think of. Often, they're stopped for traffic offenses they didn't know existed.
Because they're nice people who have never been in trouble before, they trust the police and they answer questions truthfully. For example, they may have no trouble telling a police officer that they had a glass of wine, or even two or three beers in the course of an evening out.
And, because they're nice, they often think they could only have been arrested for one reason: because they did something bad. Often, they want to rush to the courthouse and tell a judge they're guilty and that they desperately want to take responsibility for this incident and put it behind them.
Consider This Possibility: Maybe You Didn't Do Anything Wrong
Maybe you were stopped for a minor, technical violation of the Oregon Rules of the Road for Drivers. Maybe you didn't do anything wrong.
For decades, publicity sponsored by government agencies and special interest groups has warned the public of the dangers of impaired driving. In turn, many people believe (incorrectly) that it's against the law in Oregon to have a drink and then drive, or that they are required to answer questions and perform roadside tests. (They're not.)
At the same time, police have been trained to enforce DUI laws relentlessly. Once law enforcement officers form the slightest suspicion that a person they have pulled over was drinking (in any amount at all), they conduct an investigation.
DUI investigations are done everywhere in the United States according to the same standards and training. They're designed to give the police additional evidence that will be used against any person they arrest when the case goes to court.
Police also are trained to administer tests and procedures that result in license suspension by the DMV.
The typical reaction of anyone who has never been stopped by the police is to talk. Talking to the police after a stop is a mistake.
Police officers are trained to make observations that support decisions to arrest people. Private citizens should be aware that law enforcement officers already are making observations and decisions, long before the emergency lights go on.
Police are taught to write reports in ways that portray drivers in the most damaging ways. When the police write their reports, they're likely to criticize pretty much anything a driver says or does.
It doesn't matter that you have a perfect driving record. It doesn't matter that it was your birthday. It doesn't matter that you got a promotion and wanted to enjoy an adult beverage with friends. Everything you do, both before and after you're stopped, along with everything you say, will be written down and kept in a police file. This information will be offered in court to prove you're guilty of a crime.
It's very unlikely, once the police begin a DUI investigation, that you will be allowed to go on your way.
In fact, roadside tests are known by another name in the police training manuals. They're called "the pre-arrest screening."
These are subjects that I enjoy talking about at trials, when police officers are on the witness stand and I cross examine them.
Felonies and Misdemeanors Carry Jail Terms
An offense is either a crime or a violation.
A crime is either a felony or a misdemeanor.
If a crime is a felony there is a maximum term of imprisonment of more than one year.
Felonies are classified as Class A, Class B, Class C. A felony also may be unclassified. The maximum prison term is 20 years for a Class A felony, 10 years for a Class B felony, and 5 years for a Class C felony. The maximum fines for felonies are $500,000 for murder or aggravated murder, $375,000 for a Class A felony, $250,000 for a Class B felony, and $125,000 for a Class C felony.
Misdemeanors are less serious than felonies. Misdemeanors carry a maximum sentence of 364 days in jail.
Misdemeanors are classified as Class A, Class B, and Class C. A misdemeanor also may be unclassified.
Maximum sentences for misdemeanors are 364 days for a Class A misdemeanor, 6 months for a Class B misdemeanor, and 30 days for a Class C misdemeanor.
Maximum fines are $6,250 for a Class A misdemeanor, $2,500 for a Class B misdemeanor, and $1,250 for a Class C misdemeanor.
DUI Can Affect Jobs and Careers
A Practical Problem: Getting to Work
In the short term, a DUI usually makes it more challenging to keep a job. In some cases a DUI can result in the loss of employment.
The first and most common reason is obvious. If your license is suspended it could be a challenge to find reliable, affordable transportation to and from work. If your job requires you to drive, you will have to disclose to your employer that you can't drive during any license suspension period. This fact alone sometimes puts a person out of a job.
In order to drive with a hardship permit, a person will have to obtain insurance (SR-22 coverage) and have an ignition interlock device installed in any vehicle the person drives.
A surprising number of occupational credentials are affected by laws and regulations that deny professional and business licenses to persons with a conviction (or diversion) for DUI.
The list is extensive, and includes the following job titles: commercial driver, lawyer, pilot, medical professional, dentist, pharmacist, bail bond agent, accountant, SEC (Series 7, etc.), real estate broker, pharmaceutical sales, military, teacher, daycare provider, USCG captain, person with government security clearance, liquor licensee, bus driver, conductor, taxi driver, auto sales, foster care provider, and marijuana grower.
If DMV has suspended a driver's license for 90 days, a hardship permit can be issued 30 days into the suspension period. If a a DMV suspension is for one year, the hardship can be issued after 90 days. The hardship permit allows a person to drive to and from work, and practically nothing else.
Marijuana and DUI
For some lawyers, there are few cases more rewarding than defending a person who has been accused of Driving Under the Influence of an Intoxicant, particularly when the intoxicant in question is marijuana.
Generally, the probability of prevailing in a marijuana DUI case -- for some lawyers -- is relatively high.
This is because the police have devoted untold resources to developing tests and procedures to investigate drivers who are suspected of being under the influence of alcohol. The validity of these tests is questionable when police use them to try to establish that a person is "under the influence" of marijuana.
As we all know, recreational marijuana use is legal in Oregon. However, driving under the influence of an intoxicant is not.
Police are still stopping, investigating and arresting drivers they suspect of being under the influence marijuana.
It makes little sense, but the procedures that police use to prove a driver is under the influence of marijuana are the same "standardized field sobriety tests" that police use to prove a driver is under the influence of alcohol.
A Breath Test Is Not the Last Word
There are a variety of methods to determine the amount of alcohol present in your system. These include breath, urine, and blood tests.
A breath test is a common method used by police to measure your blood alcohol content (BAC). The police usually do this by getting a sample of your breath. As you blow into a hose, a machine measures your breath and then calculates an estimate of your actual, blood-alcohol level. In Oregon, as in most of the United States, the BAC "limit" is .08 percent.
There are a variety of devices that can be used to measure the alcohol in your breath. Throughout Oregon, police use only the Intoxylizer 8000. This device analyzes your breath to give an estimate of BAC. It does this by measuring the amount of infrared light alcohol absorbs when a person is exhaling into a hose that is connected to this device. The principle is, simply, the more light absorbed, the higher the BAC.
If a police officer suspects you of driving under the influence, you can be asked to submit to a breath test to determine the level of alcohol in your system. This is when it is important to be aware of Oregon's implied consent law. This law states that by driving a vehicle in Oregon you have given your implied consent to submit to a breath, blood, or urine test if requested to do so by a police officer.
While you do have a right to refuse to submit any or all of these tests , there can potentially be significant consequences if you choose to do so. By refusing to submit to a breath test evidence of your refusal to take the test can be used against you by the prosecution in your case. In addition, if you fail a breath test that failure can be also be used as evidence against you in a court of law. The arresting officer must inform you of the rights and consequences of deciding to take or refuse the test. You also have the right to call an attorney prior to making a decision on whether or not to take the breath test.
Moreover, there are administrative penalties issued by the Oregon DMV for refusal to take a breath test or failure of a breath test, that are separate and apart from any criminal penalties you may receive. It is important to note that the consequences are more severe for refusal to take the test than if you fail the breath test. Initially, upon failure or refusal of a test, the arresting officer will confiscate your license and issue you a temporary permit which is good for 30 days. (Provided you have a valid Oregon driver's license.) At the time of arrest the officer will provide you with written notice on the DMV's intent to suspend your license. You have ten days from the date of arrest to request a hearing on the suspension. Otherwise, at the end of the 30 days your license will be suspended.
Suspension length depends on whether or not your failed the breath test or refused to take the breath test. For failure of the breath test, your license will be suspended for 90 days for a first offense. Thereafter, your license will be suspended for one year. If you refused the breath test, your license will be suspended for one year for a first offense and for three years for any subsequent offense.
In addition, if you refuse to take the breath test, you cannot request a hardship permit (a license which gives you limited driving privileges) for at least 90 days and, possibly for 3 years if it is not your first offense.
Finally, if you refuse to take a breath test you may be subject to fine. The fine ranges from $500 to $1000.
Breath Test Failure
Even if you decide to take the breath test and fail it, it is important to be aware that the resulting percentage may not be an accurate representation of your level of intoxication. There are a number of things that can affect the outcome of your breath test.
For example, the device may have not been properly calibrated. Or, the police officer did not follow proper procedures to collect the breath sample. In Oregon the officer must first make sure "the subject has not taken anything by mouth (drinking, smoking, eating, taking medication, etc.), vomited, or regurgitated liquid from the stomach into mouth, for at least fifteen minutes before taking the test." The breath test device does not distinguish what type of alcohol is one your breath so other things can give the device a false positive. This is known as residual mouth alcohol. Things likemouthwash, cough syrup, breath sprays, and cold medicine can give a false positive reading. Burping can give an inaccurate result Certain medical conditions can affect your breath test results. For example, if you have diabetes this can potentially affect the outcome of the breath test as the testing device can mistake acetone for alcohol. Or if you have gastroesophageal reflux disease (GERD) the sample can be contaminated by gas from the stomach.
Alcohol can become trapped in dentures and cavities producing a false result Your test results can also be affected by low-carb diets.
The bottom line is, just because your breath test results stated you were over the legal limit this does not mean you were driving while intoxicated.
Fines and Fees Follow Convictions
Jackson County Courts
The court imposes fines and fees, in addition to jail time, when a person is convicted of DUI.
A person convicted of a misdemeanor DUI can expect a $1,000 fine for a first conviction, $1,500 for a second conviction, and felony treatment on a third conviction.
If a person chooses to avoid a conviction by entering into the court-sponsored program, such as DUI diversion, there will be a $490 fee for entry into the DUI diversion program.
Whether the court imposes a conventional sentence or orders an "alternative" treatment program, defendants generally pay fees for lots of services, such as evaluations at Community Justice, alcohol and drug treatment and classes, "blow-and-go" devices for their cars, higher insurance rates, and other, ongoing costs.
For example, to go into DUI diversion, in addition to the "program" fee of $490 at the court, there's an "evaluation" fee of $150 at the Community Justice office. Then there's another $25 fee at the "victim impact panel," which is a Mothers Against Drunk Driving program that people convicted of DUI or go on diversion are required to attend.
Everyone who is convicted or enters a plea to get into diversion, will have to report to the payment window at the courthouse. Then, there will be a visit to Community Justice, where defendants are asked to fill out some forms and schedule an alcohol and drug evaluation. If the judge orders jail time, this is the office where applications for home detention are filed.
Police Try to Prove Marijuana Caused Impairment
After a DUI arrest, police administer a breath test. (It's significant that, in Oregon, a breath test is not administered before a DUI arrest.)
If the result of the breath test is below the presumptive limit of .08 percent breath alcohol, police are trained to interpret this information to mean that the level of alcohol is "inconsistent with the level of impairment observed." Their training also has them call in another police officer, known as a "drug recognition evaluator," or DRE. (Occasionally, an officer prefers to be called a drug recognition "expert.")
These police officers are not medically trained or certified. They are police officers who have received special police training in gathering evidence in a DUI case.
A DRE will take a driver who has been arrested for DUI through a long examination referred to as a "12-Step" protocol.
If a police suspect a driver has used marijuana (which frequently happens, because drivers who have used marijuana generally admit it), the DRE will administer a series of tests. These are supposed to prove that the person who admitted to using cannabis is somehow impaired by it.
At the end of the DRE testing, the police officer asks for a urine sample, which is sent to the Oregon State Police crime lab for analysis.
One DUI Arrest Changes Everything
The experience is humiliating, terrifying and unforgettable.
When you were arrested or cited for DUI, you realized immediately that you could be sentenced to time in jail, ordered to pay stiff fines and surrender your driver's license. Then there was more fear and worry. You could lose your job. You could lose your right to travel. You could lose your good reputation.
It's natural to want to turn back the clock. It's common to be angry. It's easy to become confused, frustrated and scared.
If you're in this situation, talk with an attorney who specializes in DUI and other major traffic crimes. A DUI expert can help you understand what's going on.
A competent DUI attorney can look at the facts of your case and see defenses where you thought there were none. For example, a DUI defense attorney will want to know if the police made a lawful stop, or if the police made contact with you improperly or unlawfully.
A police officer may have asked questions and requested that you submit to field sobriety tests. These tests are extremely unreliable and are designed to make you look guilty of DUI.
You may have been asked to blow into a machine. You should know that breath test results can be challenged in court. In Oregon, the state's breath testing machine is the "Intoxilizer 8000." This machine is not the most reliable indicator of a person's blood alcohol content -- and juries are not required to accept the results from this device.
Suspension May Follow DUI
You should be aware that if the police took possession of your Oregon driver's license, it's likely there are two cases pending against you, not one.
One case is an administrative matter: The DMV may suspend your license if you failed or refused a breath, blood or urine test.
The other case is a criminal matter. The police issued a citation that will be referred to the District Attorney for prosecution.
Driving Under the Influence of Intoxicants is a crime. Although it is typical, If you were arrested or cited for DUI, that you were given a date for your first court appearance and released, the criminal charge of DUI will be brought against you in circuit court.
There is a date on the citation you were issued at the time of your arrest. This is your "arraignment date." Unless you take certain steps before your first court appearance, you will have to appear in person on that date.
If you go to your arraignment without an attorney, you should ask the Judge to enter a plea of NOT GUILTY. You will not lose your right to enter the DUI Diversion Program later if you enter a plea of NOT GUILTY at your arraignment.)
At your arraignment, the court will set a date for your pretrial conference. Before your pretrial conference, your attorney can obtain discovery from the District Attorney. The State is required to disclose all police reports, audio, video, photographs and all other evidence. Your attorney will review the discovery with you. Based on the evidence, your attorney's advice, and your knowledge of the facts, you will be able to make a decision: Will you accept a plea deal or take your case to trial?
You have an absolute right to a trial by a jury. A typical DUI trial will go on for an entire day, or two, or perhaps longer. The trial will end with a verdict of either guilty or not guilty of DUII.
It is not uncommon for a jury to return a verdict of NOT GUILTY in a DUI case. In many cases the state is unable to carry its burden of proof. Sometimes, a DUI charge that looks unbeatable in the morning will fall apart in the afternoon. Trials take on a life of their own as the jury hears the facts and listens to the testimony.
There are many cases where the jury considered the evidence and returned to tell the judge that the defendant was NOT GUILTY.
Cannabis Levels and Driving
Juries will understand that recent marijuana use does not automatically mean impairment at the time of driving. Likewise, the evidence police will offer in to prove impairment in a marijuana case is generally insufficient.
Additional Charges Follow When DUI Results in Death
In Oregon, there is no DUI statute providing specifically for an enhanced penalty if a DUI driver causes a death.
However, a driver accused of DUI where a death occurs would be exposed not only to charges of DUI (with no diversion option) but also may be charged with Vehicular Homicide, Manslaughter, or Criminally Negligent Homicide.
A driver may be charged with Aggravated Vehicular Homicide where criminal homicide is committed with criminal negligence, recklessly, or recklessly under circumstances manifesting extreme indifference to the value of human life by a person operating a motor vehicle while under the influence of intoxicants, where the person has a previous conviction for Manslaughter 1, Manslaughter 2, or Criminally Negligent Homicide (or their statutory counterparts in any jurisdiction), and where the victim's death in the previous conviction was caused by the person driving a motor vehicle. Aggravated vehicular homicide is a Class A felony. It is also a "Measure 11 crime," meaning it carries a mandatory minimum sentence. The sentence for Aggravated Vehicular Homicide is 20 years.
A criminal homicide arising from a DUI constitutes Manslaughter in the First Degree where the crime is committed recklessly or with criminal negligence by a person operating a motor vehicle while under the influence of intoxicants in violation of the Oregon DUI statute, and the person has at least three previous convictions for driving while under the influence of intoxicants under the Oregon DUI law (or its statutory counterpart in any jurisdiction) in the 10 years prior to the date of the current offense (ORS 163.118). Manslaughter 1 also is a "Measure 11" offense. The sentence on conviction is ten years.
Manslaughter in the Second Degree may be charged where death resulted from the operation of a motor vehicle and the driver of the motor vehicle was under the influence of an intoxicant. Manslaughter 2 is also a Measure 11 crime. The sentence on conviction is 70 months.
A person commits the offense of criminally negligent homicide where, with criminal negligence, the person causes the death of another person. Criminally negligent homicide is a Class B felony. The penalty is presumptive probation for a term of five years, but sentencing guidelines provide for a term of 36 to 72 months, depending on a defendant's criminal history.
by William Francis.
Cannabis and DUI
Dismissals, Pleas and Jury Trials
DUI Cases Not Limited to 'Drunk Driving'
Additional Charges Follow When a DUI Results in Death
You May Save Your License
Police Seek to Prove Impairment from Cannabis
DUI Attorneys Review Professional Licensing Rules
The Court Will Tell You to Take Yourself to Jail
Diversion Is Not Always the Best Choice
You Can Talk to Me
The best way to begin communicating with me is by phone. You may be asked to leave a message, but I'll return your call promptly.
Know What to Do
The police often arrest persons who are unfamiliar with the justice system. Know what to do in court.
During our first consultation you can tell me the facts and the details of your case and I can tell you what to expect.
WILLIAM FRANCIS, P.C.
920 Town Centre Dr. Medford, Oregon 97504
Copyright 2021, William Francis, P.C. All Rights Reserved.


text:
While the succession plans of many ultra-high-net-worth families are, according to Campden Wealth's European Family Office Report 2022, only informally agreed, unwritten or still in the process of development, the family-owned company running luxury goods giant LVMH is running on clear and transparent lines of communication, says Stuart Hatcher.
While the succession plans of many ultra-high-net-worth families are, according to Campden Wealth's European Family Office Report 2022, only informally agreed (19%), unwritten (21%) or still in the process of development (14%), the family running owned company which operates luxury goods giant LVMH is running on clear and transparent lines of communication.
The global events of the past few years have made planning for the future trickier than ever. Now, with soaring inflation, increasing interest rates, collapsing stock markets and imminent recessions, scoping the horizon for investment trends requires a steady hand and a strong stomach.
The great wealth transition: Are next gens ready to take over the family office?
Ultra-high-net-worth families are in the midst of a major handover of power. Generations are preparing to either step aside or step up and, as a result, 67% of European family offices have a succession plan in place. However, according to Campden Wealth's European Family Office Report 2022, around half of these plans are informal. As 36% of European family offices expect their Next Gens to assume control over the coming decade, is now the time to discuss the difficult subject of succession openly?
Ultra-high-net-worth families are in the midst of a major wealth and succession transition. Generations are preparing to either step aside or step up and, as a result, 67% of European family offices have a succession plan in place. However, according to Campden Wealth's European Family Office Report 2022, around half of these plans are relatively casual, being only informally agreed (19%), unwritten (21%) or still in the process of development (14%).
After reaching extraordinary valuations, zeitgeist stocks are yet to return to reasonable levels
Ruffer investment director Duncan MacInnes delves into the truth and fiction of the bull market.
In the classic Christmas film Miracle on 34th Street, Kris Kringle is on trial for claiming to be the real Santa Claus. His defence lawyer says, "If this court finds that there is no Santa, I ask the court to judge which is worse: a lie that draws a smile or a truth that draws a tear."
Doesn't that feel like markets recently?
Private credit: Is now the time to invest?
Private market vehicles can generate premium returns over publicly traded markets with lower volatility in large part because they take away the investors' ability to precisely time when the money comes in and out, says Keith Brakebill of Russell Investments.
An opportunity at our fingerTIPS
Has the sell-off in long-dated bonds presented an opportunity to add risk to portfolios, asks Ruffer's Jasmine Yeo?
Market sell-offs can provide the chance to buy quality assets at attractive valuations. Of course, if you can preserve capital as prices fall, then you'll be better placed to take advantage of any opportunities that arise.
But buying equities isn't the only way to dial up risk in portfolios today.
We see the recent falls at the long end of the US bond market as an opportunity worth grabbing.
Making the case for cash
Cash is trash. Cash is a melting ice cube. Going to cash is giving up... Ruffer investment director Duncan MacInnes says there's still life in the folding stuff yet!
Cash is trash. Cash is a melting ice cube. Going to cash is giving up.
Ruffer currently has the highest weighting to cash or cash-like assets in our history. We are concerned that liquidity is the new leverage and that a degradation of liquidity conditions poses an imminent danger to investor portfolios.
So why, unlike other investment managers, are we comfortable owning cash today?
Impact investing: How a fund of funds approach can help address challenges in private markets
Minimising the negative societal consequences of an investment is no longer just a 'Nice to have'. Investors today are increasingly prioritising positive and measurable environmental, governance or social outcomes alongside financial gains, says Russell Investments' Samantha Steele.
Private equity markets have seen a surge of interest in impact investing in recent years. In a recent survey by Pitchbook, 65% of respondents managing external money said that they had offered impact strategies to their clients, up from 57% in 2021. However, challenges around transparency, reporting and access to opportunities are common. Here's how a fund of funds approach can help.


text:
Q: How to setup apache with multiple websites using one IP address, separate virtual host files and Cloudflare SSL I'm using ubuntu 16 LAMP stack. I currently have virtual host files setup for each domain with cloudflare dns pointing to the same IP for 2 Wordpress sites.
I'm using cloudflare to generate a free TLS certificate signed by Cloudflare to install on the server for each domain.
Host files look like this
domain1.conf
<VirtualHost *:443>
    ServerAdmin webmaster@domain1.com
    ServerName domain1.net
    ServerAlias www.domain1.net
    DocumentRoot /var/www/html/domain1
    ErrorLog ${APACHE_LOG_DIR}/error.log
    CustomLog ${APACHE_LOG_DIR}/access.log combined

    SSLEngine      on
    SSLCertificateFile      /etc/ssl/certs/domain1.crt
    SSLCertificateKeyFile   /etc/ssl/private/domain1.key
</VirtualHost>

domain2.conf
<VirtualHost ip:443>
    ServerAdmin webmaster@domain1.com
    ServerName domain2.net
    ServerAlias www.domain2.net
    DocumentRoot /var/www/html/domain2
    ErrorLog ${APACHE_LOG_DIR}/error.log
    CustomLog ${APACHE_LOG_DIR}/access.log combined

    SSLEngine      on
    SSLCertificateFile      /etc/ssl/certs/domain2.crt
    SSLCertificateKeyFile   /etc/ssl/private/domain2.key
</VirtualHost>

My cert and key files are not .pem files does that matter?
Do I need to edit my ports.conf file? From reading another suggestion I added the first two lines.
NameVirtualHost *:80

NameVirtualHost *:443

Listen 80

<IfModule ssl_module>
        Listen 443
</IfModule>

<IfModule mod_gnutls.c>
        Listen 443
</IfModule>

A: You are discussing about SSL (default 443), but in your example, you use 80. I presume you also need to change from http to https.
I would use different files for different domains (following hierarchy is for Ubuntu, in RHEL/CentOS I use vhosts.d):
$ ls -1 sites-available/
domain1.net.conf
domain2.net.conf

I use something similar to the following, to redirect http to https.
<VirtualHost *:80>
        ServerAdmin webmaster@domain1.net
        ServerName domain1.net

        RedirectMatch 301 ^(.*)$ https://domain1.net$1
</VirtualHost>

<VirtualHost *:443>
        ServerAdmin webmaster@domain1.net
        ServerAdmin office@domain1.net
        ServerName domain1.net
        ServerAlias *.domain1.net
        ServerSignature Off

        SSLEngine On
        SSLCertificateFile /your/path/to/fullchain.pem
        SSLCertificateKeyFile /your/path/to/privkey.pem
        SSLCertificateChainFile /your/path/to/chain.pem

        # LogLevel debug ssl:debug rewrite:trace8
        # LogLevel info ssl:warn rewrite:trace8
        LogLevel info

        ErrorLog ${APACHE_LOG_DIR}/domain1.net.error.log
        CustomLog ${APACHE_LOG_DIR}/domain1.net.access.log combined

</VirtualHost>

Yes you need SSL enabled. If you use the same cert for all domains, make sure you have your cert using Subject Alternative Name ^1 / SNI as with all your domains. Also, you need the this field if you make calls to your service using the IP instead of the DN. Otherwise, if your calls use DN not IP, you don't need the specified field.
UPDATE: The file extension doesn't matter. The content is important. However, for maintenance reason, the best practice is to keep the extension convention based on what is the content of the file. More about certificate conversion ^2
UPDATE: To choose between SNI and SAN ^3 (also see @dave comments), please chose if you are going to use 1 cert or multiple certs. The consequence is the process of renewing the certs. If the certs come from different customers, sometimes is not possible.

A: If you have different domains, you will need different certificates, one for each domain. In order for this to work, you need Server Name Indication, SNI. See Here

A:
My cert and key files are not .pem files does that matter?

It depends on what you mean by .pem files.  If you mean the contents of the file is Base-64 encoded DER, it does matter.  From mod_ssl documentation:

This directive points to a file with certificate data in PEM format.

If by .pem you simply mean the extension isn't .pem, while the contents are Base-64 encoded DER, you'll be fine - only Microsoft care about the file extension.
You'll know if they're in the wrong format as Apache will refuse to start.

Do I need to edit my ports.conf file?

If your ports.conf doesn't have an entry for port 443, you'll need to add it.  Otherwise, no.

redpajama_set_name: RedPajamaStackExchange


text:
0 users currently in Entertainment.
Xeogaming Forums - Entertainment - Current Guilty Pleasures? | |
Pages: 1 2 3 Next newer thread | Next older thread
Originally posted by Elara
I kinda want to bark a little admitting this, but...
... True Blood.
I blame my fiance.
I blame my new neighbor. He got me HOOKED on it.
The funny thing about True Blood is it's based off this book series of which I read the first book, flipped out about it being awful on LiveJournal, and burned my copy.
And now it's a multi-million dollar cable program. Heh.
Well, my other current guilty pleasure right now is mermaids. Just borrowed Splash from the library and watched the shit out of it.
I discovered this sort of furry-like fandom where women make their own mermaid tails and sim around in open ocean. Stitch and I were going to crash their convention in Vegas, but apparently their event switched from three days to just Friday.
I meant to say barf, not bark... damn I am sleep deprived lately.
But yeah... the series is horrible too. I went on numerous rants about how stupid it is... but Ben keeps watching it, and it's kinda like a train wreck. I just cannot turn away.
For some reason I was thinking of Bloodsport.
Which, could potentially be a guilty pleasure of mine? Damn I love that movie. This is my theme song.
I unfortunately read the first 4 books of the True Blood series. Well, Sookie Stackhouse whatever...
The first one was sorta kinda okay. I mean, I remember thinking it was a little weird, but that I would put up with it. Kept telling myself that it wouldn't be so popular if there wasn't something good about it (This was right before True Blood aired. Like, JUST before, and I wasn't familiar with it all enough to make the connection. Someone just threw the book at me while I was leaving to go see my dad in Tennessee, and said "enjoy.") But, being bored in Tennessee, I went and bought the next three...
And they're the same thing. Over. And. Over. Again. And this dumb bitch just keeps getting into the same kind of trouble. Over. And. Over. Again. /rant.
But the series...I can only say that the little I've seen, I've enjoyed. Didn't exactly pull me in, but I didn't want to gouge my eyes out for watching either.
Bloodsport? Epic.
The latest guilty pleasure has been looking up '90s songs on YouTube and playing the crap out of 'em.
Eve 6 has probably been the more prevalent in things I've been playing.
I really think they wrote these songs in the anticipation of nostalgia. Like most of their songs are about missing people, heartbreak, devotion, and sometimes just saying fuck it and driving off into the distance because you don't need anybody.
It's like you'll come to remember these songs and listen to them as you grow to identify with them.
EDIT: The new YouTube tags aren't working for me.
(Last edited by Rogue on 09-18-11 12:22 PM)
I usually can't justify a show nor critique it unless I have seen a couple episodes and True blood to me isn't exactly my cup of tea.
It's basically a softcore porn but it has vampires, shapeshifters, and witches thrown into the mix and blah blah blah blah blah.
I watched a few episodes and I kinda felt...I dunno, unsatisfied with it?
Again though, can't really say it's not enjoyable to watch. Cause millions love it and a lot of my friends do. So meh, I'm sure it's good. But I never found the appeal for it.
I'm really irritated by Sookie. Seriously, she's the most over-dramatic annoying character ever. But Sam? He's a badass. And Lafayette is hilarious as hell!
OK, I admit it. I'm ecstatic about Shamy.
This my just by my isolation talking, but... Shamy?
It's the mashing together of Sheldon and Amy, two characters from CBS' The Big Bang Theory.
In last night's new episode, Sheldon finally, officially asked Amy to be his girlfriend. Though it's doubtful they'll even hold hands, kiss, or do anything more than they were already doing (which was pretty much being stimulating conversation for one another), I'm still thrilled that it's official.
The funny thing is the writers created the name mash-up before Amy was even seen on the show:
Just for fun, here's their first date from a much earlier episode (Penny's just there as a chaperone):
I'm not usually a shipper, but I think they're cute together.
EDIT: Also, just for shits, here's them playing a game they invented:
EDIT TO THE EDIT: Oh god, they're too good not to share. Here's when they briefly "broke up":
Ah, I see.
I... downloaded a free Harlequin Blaze ebook on my amazon kindle app for my phone. I was really bored and the plot sounded fairly amusing.
*is ashamed*
Speaking of Kindles, I'm actually planning on getting a Nook Tablet with my leftover FAFSA money, basically so I can get back into reading. I've had so much trouble reading books in the past few years and I'm hoping that this might help a bit. The backlight would obviously help me read before I go to bed (I won't need a booklight or the actual light on or anything like that).
... ok... so the romance novel thing has continued and I actually found something amazing.
The series is called Viridis, and it's a Steampunk romance mystery novel. The world the author created is just amazing, and I really think that she made a romance novel just to get it published easier.
I've been watching A LOT of Storage Wars lately. And I've given Auction Hunters and Storage Hunters a chance, but they suck.
Storage Wars, being the original, just has more going for it. It's like a treasure hunting Antiques Roadshow with how the majority of the show focuses on the appraisals and what to look for in certain items. It's just so fascinating. Plus it's a group of people going to different auctions all around California, so I'm intrigued since they tend to frequently go to certain places for appraisals that I've been to.
Auction Hunters is just two guys going around the country, going, "Yeah, we're the shit and we're totally winning all of these auctions out from under the hick locals," and then trying to sell everything they bought. It's Spike TV's copy-cat show, so what else is there to expect, I guess.
Then there's TruTV's Storage Hunters, which is full of "drama" with people literally fighting in the hallways and it just sounds so scripted. It's supposed to be a group show, like Storage Wars, but it tends to just focus on this couple you just want to see fail.
Yeah... I've got too much time on my hands.
Yaaaay Face Off is back and so is Being Human@
Best moment ever.
Rogue: I know you aren't really big into gaming and such, but if guys are ever bored enough the Cobalt Nightmare larp can always use extra NPCs. It is cheap to free and you get exercise at least.
As for my recent guilty pleasure, it is a more traditional one... ice cream. Specifically, Edy's (Dryer's) black raspberry chocolate ice cream which is like $6 here for a quart or so. I have finished half of it on my own and have no intentions of sharing because it is the closest thing to the Thrifty razzberry rumba that I loved so long ago... and that I still consider my favorite even though they stopped making it nearly a decade ago.
(Last edited by Elara on 08-24-12 12:43 AM)
I've been abusing the shit out of Deviantart, looking up fanart of the characters I ship in different fandoms. Katniss/Peeta (commonly shortened to "Peeniss"), Korra/Mako, and Amy/Sheldon, primarily, but I still go for Rapunzel/Flynn, Arya/Gendry, Jon Snow/Ygritte, The Hound/Sansa, Hungary/Prussia, and of course, Rogue/Gambit.
I know not all of these are official, but I can dream. *Sigh*
EDIT: How could I forget to include Black Canary/Green Arrow?!
Originally posted by Rogue
*gasp* Even I knew about that one. For shame, Rogue, for shame.
Xeogaming Forums - Entertainment - Current Guilty Pleasures? |


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Unique and inspiring photography, children, families, birth stories, and more.
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text:
Session 1: Semiotics
Structuralism and Semiotics
'Structuralism' refers to the theory that the way we communicate starts as a blank slate and that the culture and society that surrounds us effects who we are. The counter argument to this is the idea of 'essentialism'; we carry it in our DNA and through memories from past generations. Semiotics follows the same concept as structuralism.
Semiotics is the study of signs and sign systems in society; anything that conveys meaning is a sign such as words, images, symbols, gestures, clothes etc. Our perception and understanding of reality is constructed by the words and other signs that we use. For example, the word 'children' makes us think of very young people as a group different to adults. However, different social groups around the world at different points in time may have a different distinction between the two, such as age, religion etc. Culture and society decide what the sign means rather than from nature/biology. Therefore, our own sense of identity is dependant on existing signs in society and are only meaningful if they are accepted in a social context. For example, denim jeans used to be considered as work attire, whereas today they are a sign of casual style. A lot of signs are grouped together to form codes, for example certain pieces of clothing can form a dress code (e.g. top hat and tail jacket for formal weddings).
Semiotics is a critical methodology, in that it refers to how signs communicate and how we relate to them. It's a useful framework for deconstructing visual texts beyond the surface for underlying cultural messages/ideas.
Saussure's' Key Ideas
Literary theorist, Roland Barthes, stated that a cultural sign system has 'strong communicative value and is used on a daily basis to negotiate meaning and interact on the basis of that meaning'. This idea can be traced back to two linguists: Ferdinand Saussure and Charles Pierce, both who advocated a synchronic approach to language. Saussure's key ideas related to a passive versus constructive view of language. He proposed that our perception of reality is constructed by words and other signs around us. As a result, language is ideological and carries traces of political thought and cultural ideas. He believed that communication through language is about the exchange of minds and the understanding of signs depended on sharing particular concepts.
Language is made up of signs; each word, written or spoken, is a symbolic sign. Signs are arbitrary in that they bear no resemblance to an actual physical appearance or attribute, and they work because of their differences to other signs (e.g. dog versus dig, cat).
Every sign has two sides illustrated by the equation:
sign = signifier + signified
The signifier refers to the physical representation/stimulus and the signified refers to the mental concept/response. For example, d-o-g (initial impulse) + four legged creature (thought in mind) = the sign.
Semiotics Terminology
The term langue refers to thewhole language system such as the system of rules in chess and the term parole is a partial example of speech or writing, such as the particular moves made in a game. For a comment to be meaningful it has to conform to the system of rules (langue) in the English language.
A syntagm refers to a complete, ordered sequence of signs (e.g. a sentence, such as 'the dog bites the man). Each sign could also be replaced by another that is related to it and this is called a paradigm; a point of substitution in a sentence (group of signs) which allows for an exchange of a similar sign without changing the overall structure (e.g. my dog smells/pongs/hums etc).
Pierce's Key Ideas
Visual signs, such as gestures, traffic signs, advertising images etc, can be approached in similar way to linguistic signs. In a photograph of a cat, the signifier is the colour and shape in the picture, and the signified is the concept of a cat.
An iconic sign refers to when the signifier resembles the referent (e.g. a photograph of a specific cat); the signifier, signified and referent can be merged together. When a cat meows to gain attention, the sound points to its presence and this is called an indexical sign.
We use signs to describe and interpret the world; they label things but also have 'connotations'. For instance, a photograph of Buckingham Place signifies the building itself but also has connotations with royalty, wealth and power, and this comes from our social experiences. This concept is used in TV, advertising, news etc to trigger a range of connotations to a sign that shapes a particular message; a 'myth'. An example of this can be seen in an advert for shoes that includes an image of Buckingham Palace which attaches connotations of wealth. Myth uses existing signs and makes a new sign system out of them through the use of metaphors and metonymy so they play a particular social role.
'The World of Wrestling' From Mythologies
In Roland Barthes' 'The World of Wrestling from Mythologies', myth refers to sites in mainstream culture which reflect dominant ways of thinking about people, products or places (cultural norms). They are structured to send messages on cultural stereotypes, and may be ideological.
Barthes' refers to wrestling as a 'spectacle... of excessive gestures'. This idea can be illustrated in the above video of a wrestling match.
The role of each wrestler/character is defined and communicated to the audience through their name, appearance and the exaggerated gestures they make, and the obviousness of their roles determines the outcome to the audience - a basic sign. For example, it is a mythological fight between Good and Evil; the 'bad' wrestler being the one in the darker, scruffier attire. The roles are also influenced by the commentators introduction and their interactions with the referee so moral roles are clearly portrayed. The role of the commentator is also to rile up the audience and give atmosphere as well as explain what is happening, usually in a biased way that favours one competitor over the other. The role of the referee is to make sure the wrestlers are following the rules; the 'bastard' accepts the rules 'only when useful to him', giving further signs to the audience to how the fight will play out.
Based on these observations, it makes it hard to classify wrestling as a sport as the show is more like theatre; most of the events taking place have been predetermined, even though its unpredictable for the audience. As Barthes put it: 'wrestling is not a sport, it is a spectacle'.
Semiotics in Graphic Design
Semiotics is used in graphic design all the time, through the creation of visual signs. Designers manipulate visual elements in their work to trigger a response in the viewer. For example, the logo shown was created as a part of a corporate identity for an auto-servicing business. The logo was rejected because it reminded them of the 'deadly sin of gambling'. This represents how his own life experiences influenced his impression of the visual sign.
Bignall, J. - 'Media Semiotics' (pages 5-17)
Barthes, R. - 'The World of Wrestling' from 'Mythologies' (pages 15-25)
https://www.logodesignlove.com/firesigns-semiotic-theory-graphic-design
https://www.slideshare.net/AnnieTran25/semiotics-and-critical-literacy


Not wow'd by this fragrance or this one I recently suggested? Well then how about creating your very own personalized scent? With SCENT TRUNK you can do that and the cost doesn't break the bank. I did this a few years ago and it was quite fun. The only difference with this one is that I do it in the privacy of my own home.
First, you sign up to receive their Fit Kit (just pay for shipping of $4.95) and you will receive back in the mail cute little roll-ons of the following core scents: floral, citrus, woods, aromatic, chypre, and oriental.
Next, go on their site and declare which aforementioned scents you like, dislike or are meh about.
Shortly thereafter, you will receive a spray that should last you the month and then you can reorder the same one or change it up a little the next time for only $11.95/month. And if you don't like the final scent they send, they'll send you something new for free.
What I like most about this scent is that I don't have anything like it in my vast collection of scents! I mean, I really thought I had it covered in my collection but now, I think I do … but do I?
Create your own scent @ scenttrunk.com and what a thoughtful gift this would make for your best girlfriend or boyfriend!
Disclosure: A sample of this item was provided for review purposes.