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April 2019
A Good Stopping Place Knowing the Right Steps to Take During a DUI Stop
Now more than ever, one of the most important lessons you can learn in the legal world is knowing your rights when you’re getting pulled over for a suspected DUI. A DUI or DWI charge can follow you for the rest of your life, depending on the severity of and circumstances surrounding your actions — or suspected actions. That’s why, for the safety of everybody involved, you should always be made aware of your rights when an officer of the law administers field sobriety tests to — subjectively — prove or disprove your guilt. There is such a large amount of variance that can go into a charge like this, and you owe it to yourself to make the right choice: Contact the proven DUI defenders at the Law Office of Dathan L. Hill. DUIs are no laughing matter. If you’re guilty of driving while intoxicated, you’ve made a serious mistake that could result in the wrongful injury or death of an innocent bystander. On the other side of that coin, a DUI charge also means law enforcement and the courts may make certain assumptions based on their suspicions. Maybe they’re thinking “better safe than sorry,” or even have ulterior motives and are looking for a way to unjustly lock you up. Whatever their reasoning is —whether pure or a case of wrongful conviction — you should always be prepared for the worst the moment you realize you’re getting pulled over because of anything to do with alcohol. As I always tell my clients, the first thing you should remember when you’re getting pulled over is that you have the right to remain silent. You are legally required to hand over any identification and proof of registration, but you have an inalienable right to not answer any further questions and you positively should utilize that right. The more you talk, the better your chances of ending up in a cell that night.
Let the officer know right away that you wish to speak to your attorney, then immediately exercise your right to silence — to the fullest extent. I cannot stress this point enough because the old adage is absolutely true that they can and will use those words against you in a court of law. The fact of the matter is that you’re most likely not a legal professional — shocking, I know. But as such, you are very likely to fall prey to the tricky word games officers play that can cause you to incriminate yourself even when you haven’t done anything wrong. One of the most deceptive questions I hear time and again is when officers ask a client if they have had anything to drink that night. The client will try to play it cool by saying they’ve just had one beer or two glasses of wine or some other small amount, but there you go again, not exercising your right to remain silent. By admitting you’ve had any amount of alcohol to drink, they can pin a DUI on you— you are under the influence of alcohol. Since alcohol doesn’t affect everybody the same, they can make a case that it influenced your actions. And if they clock you in at over .08 BAC on the Breathalyzer, eveything takes a potentially more serious turn: to DWI. Lastly, and this is crucial, make sure you decline to take a field sobriety test. If they really want to take you to jail, don’t fight them; simply tell
them that you wish to speak to your attorney for counsel. The chances of you actually getting charged are much higher if they use their subjective reasoning to determine the level of your intoxication by taking you through their field sobriety tests. Everything hangs on the officer’s judgment at that point, and many times, they will jump at the chance to haul you in if you stumble in any portion of the test. I won’t stand for subjective reasoning playing a factor in a court of law. With the Law Office of Dathan L. Hill by your side, you will have peace of mind knowing that we’ll always be there to handle your legal troubles and right the wrongs of questionable practices. If you tell a law enforcement officer that you need to speak to an attorney, make sure that attorney is Dathan Hill. I live to give a voice to the voiceless.
-Dathan Hill
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AND HOW TO SPOT THEM The 2 Most Common Ways Criminals Steal From Seniors
understand that it is never safe to give out financial information over the phone or via email.
Scamming older adults has become big business. According to the American Journal for Public Health, an estimated 5 percent of seniors are hoodwinked by criminals every year, and that statistic is thought to be a steep underestimate since so many scams go unreported. To stem the tide of seniors unknowingly giving $36 billion to scammers annually, it’s important for retirees and their loved ones to get savvy on the subject.
COMPUTER SOFTWARE SERVICE FRAUD This type of scam is slightly more sophisticated. First, a hacker will call a victim and claim to be a member of a tech support team or an employee from a trusted company like Microsoft or Apple. Then, they’ll tell the victim there is a problemwith their phone or computer and that if they cooperate with the“tech support”representative, they can sort it out. They may also ask you to install a piece of software on your device or provide credit card information to“validate your software.” The fact is that well-known tech companies will never send unsolicited emails to ask for your personal or financial information, and they definitely won’t ask you to install some shady software on your computer. If you ever receive a call out of the blue from“Microsoft,” hang up the phone immediately. The first step to stopping these criminals in their tracks is to be aware of their tactics. With these tips in your arsenal, you’ll be able to defend yourself and your bank account effectively.
Here are the two of the most common scams older folks fall prey to — and how to avoid them.
ADVANCED FEE FRAUD The most common con in 2017 and 2018 was the classic “You’ve won a sweepstakes!” scam. Victims are told they’ve won some exorbitant amount of money, but they must pay a fee to receive the prize. After the “fee” is paid, victims receive a fake check in the mail, but by the time it bounces, the scammers are gone and they’ve taken the money. If you ever receive a contract from an unknown entity out of nowhere, you should start seeing red flags. Unless you remember entering a contest, there is no chance you’ve won something. And it’s vital to
Exploring the Crimes of Antarctic Wildlife LEGAL CASE STUDY: ADÉLIE THE ROCK THIEF
On an island off the coast of Antarctica, a BBC film crew caught footage of a naughty penguin engaging in criminal activity. In the video, as one male Adélie penguin leaves his nest to search for additional rocks to add to it, his neighbor waddles over, removes a rock from the nest, and carries it back to his own. When the first penguin returns from his search, his neighbor plays it cool, but at each opportunity, he repeats the crime and steals his neighbor’s rocks.
result in additional charges. So, since the neighbor penguin takes a rock, leaves the scene of the crime, and returns, he could be found guilty of multiple theft charges. If he’d decided to go big and take his neighbor’s entire nest at once, he might’ve been charged with grand theft.
Now, if the penguin who was stolen from had used force to protect his precious nest rocks, the case would be complicated even further. Allowable force is generally limited in cases of theft. To prove self-defense, the victim penguin would have to show there was a threat of force against him, that he didn’t provoke the neighbor penguin in any way, and that he didn’t have the option to escape. From a legal perspective, it was probably best that the victim penguin didn’t use force. For now, we’ll leave the Adélie penguins to their nest-building business and save the legal cases for the human world.
While animals aren’t actually subject to legal action, and the Adélie penguin was only behaving according to natural instinct, the fine writers for the blog Legal Grounds point out that the rock thief situation presents an interesting legal case study.
By taking his neighbor’s rock and putting it in his own nest, the neighbor penguin committed an act of theft. Theft is defined as “the taking of someone else’s property with the intent to permanently deprive the victim of that property.” In some places, when a thief leaves the scene of the crime, the theft is considered complete. If the thief returns and steals additional items, that could be considered a new crime and
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TAKE A BREAK
The Best Opening Days in Baseball History PEANUTS AND CRACKER JACKS Baseball’s opening day has been an American holiday of sorts since the Cincinnati Red Stockings threw out the first major league pitch in 1869. To celebrate the start of the 150th season of professional baseball, here are three of the best opening days in baseball history. A NEW BEGINNING On April 15, 1947, an opening-day game changed the course of Major League Baseball. On this day, Jackie Robinson started for the Brooklyn Dodgers, becoming the first African-American player to start for a major league baseball team. Robinson’s historic showing was lackluster, going 0-for-3 at the plate and making a solid showing on the infield at first base, but his mere presence in a Dodgers uniform had already broken history. Despite his nationally- recognized skills — Robinson was named MVP of the MLB farm team league in 1946 — the backlash that followed his rise to the pros, both from fans and teammates, was palpable. Still, as well-known sportscaster Howard Cosell said, “Suddenly, it was a new beginning.” LOU, COMBS, AND BABE — OH MY! Considered one of the best teams in baseball history, the 1927 New York Yankees started their historic run and 25th season by dismantling the Philadelphia Athletics with a score of 8-3. The slugfest was true to form for the 1927 Yankees, whose players would go on to make up baseball’s famous “Murderers’ Row.”With sluggers like Lou Gehrig, Earle Combs, Babe Ruth, Mark Koenig, Bob Meusel, and Tony Lazzeri, it’s no wonder this team went on to win its fifth championship that year. THE HAMMER TIES BAMBINO For decades, no one could match George Herman Ruth. The Great Bambino’s all-time home run record seemed like an impossible feat of strength — that is, until Henry “Hammerin’ Hank” Aaron came along. On opening day, April 4, 1974, Aaron smashed his 714th homer, tying Babe Ruth for the most home runs ever hit and extending the Atlanta Braves’ shutout lead over the Cincinnati Reds. A few weeks later, Aaron surpassed Ruth’s record, prompting a standing ovation from the crowd.
PASTA PRIMAVERA
Ingredients
• 12 ounces pasta, ideally fusilli • 1/2 pound broccoli florets • 2 carrots, shredded • 1 yellow bell pepper, cut into strips • 1/4 cup extra-virgin olive oil • 4 cloves garlic, thinly sliced
• 1 pint cherry tomatoes, halved • 1/2 teaspoon crushed red pepper flakes • 1/2 cup grated Parmesan cheese, ideally Parmigiano- Reggiano • Kosher salt, for pasta water and to taste
Directions
1. In a large pot, liberally salt water and bring to a boil. Add fusilli and cook according to package directions. Add broccoli, carrots, and bell pepper during the last 2 minutes of cook time. 2. Drain the pasta and veggies, reserving 1/2 cup of cooking liquid. Return pasta and veggies to pot. 3. In a large skillet, heat olive oil to medium heat. Add garlic and cook until translucent and golden, 30 seconds. Add tomatoes, red pepper flakes, and 1 teaspoon salt. Cook until tomatoes are wilted, about 2 minutes. Stir in reserved pasta water. 4. Add tomato mixture to pasta pot, stirring to coat evenly. 5. Divide into bowls, top with Parmesan cheese, and serve. Inspired by Food Network
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225-224-6412 www.DathanHill.com 301 Main St. #2200 Baton Rouge, LA 70801 INSIDE THIS ISSUE
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A Look at What to Do When Getting Pulled Over for DUI
2 Tactics Criminals Use to Steal From Older Adults A Chilly Legal Case Study Pasta Primavera 3 Great Opening Days in Baseball
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3 Hilarious April Fools’ Pranks Played by Businesses
COMPANIES THAT PARTICIPATE IN APRIL FOOLS’ DAY 3 Hilarious Pranks Played by Businesses
BURGER KING’S CHOCOLATE WHOPPER Just last year, Burger King fooled hungry customers by creating the Chocolate Whopper. The imaginary fast-food treat is made with chocolate cake buns, a chocolate “beef” patty, raspberry syrup as the ketchup, rings of white chocolate as the onions, milk chocolate as the lettuce, vanilla frosting as mayo, and candied blood oranges as the tomatoes. This prank was quite a creative feat by Burger King staff, and
April Fools’ Day might be the only appropriate time of year for you to prank your friends or coworkers with gags like dipping an onion in caramel and offering it as a candy apple or loosening the tops of the salt and pepper shakers. It’s also the one day of the year when big companies get to join in the mischief as well. Check out these company-wide April Fools’ jokes that left millions of people scratching their heads. NETFLIX’S PSA In 2015, everyone’s favorite online streaming company issued a PSA that warned binge- watchers all over the world of the social, physical, and psychological dangers of watching too much TV. In fact, if viewers watched more than two consecutive episodes of a show on April 1, they were greeted with a PSA from popular actors, like Michael Kelly from “House of Cards” or Taylor Schilling from “Orange Is the New Black.” Some stars even told Netflix users to “Turn off the TV and take a shower. You stink!”
merely watching the advertisement spiked glucose levels everywhere.
EHARMONY’S ‘FUREVER LOVE’ DATING SERVICE FOR DOGS Perhaps the most wholesome prank that’s ever been peddled to the masses was the launching of eHarmony’s FURever Love: Canine Compatibility Companion Service. The dating website claimed that based on the algorithms they use for creating compatible human relationships, they built this service to “create robust profiles for dogs based on key dimensions of their personality.” The biographies they created for the pups’ profiles included canine mate preferences, like “Looking for a tug-o-war partner,”“Must love squirrels,” and “It’s been ruff finding a quality stud to go on walks with.” While these April Fools’ Day jokes were all made in jest, the pranks certainly kept audiences guessing long after April 1 had passed, and it’s not hard to see why.
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