Archive for the ‘Uncategorized’ Category
Ticket Fighting Toolbox
The number on the chart on the bottom are truly staggering. They provide a snapshot of the magnitude of traffic enforcement (both traditional and photo-based) in the United states.
U.S. Traffic Enforcement by the Numbers: |
|
$55-65 Million | Annual number of traffic tickets issued nation wide |
$6.5-90 Billion | Total fines issued for those tickets |
79,878 | Speed Traps in the National Speed Trap Exchange Database |
$100 Million | Revenue Virginia Collected in speeding fines in 2011 |
664 | U.S. Cities using ticket Cameras |
$70 Million | Revenue from Chicago’s red-light cameras in 2012 |
$375 Million | Revenue from Chicago’s red-light cameras since 2003 |
Given these numbers, here’s another staggering number: 5. This is the percentage of motorists, optimistically speaking, who actually fight their traffic tickets. That’s a shame because it means 95 percent or more are putting themselves at the mercy of a flawed, revenue- hungry traffic justice system.
Many drivers also plead guilty without knowing what’s really at stake. Guilty pleas can trigger unexpected outcomes like increased insurance rates, driver responsibility surcharges and damaged driving records that can lead to license suspensions. Those who do fight almost always have better results in the form of lower penalties fewer long-term consequences, as well as outright dismissals.
Aside from the personal benefits, ticket fighting also exercises the justice system. Increased pressure from pro se defendants (people who represent themselves) will force the courts and the police to change the way they deal out traffic justice. It’s already happening. Traffic courts across the country face huge backlogs as more and more motorists show up to fight camera tickets. And just showing up is sometimes enough to win, as the following example proves.
In December 2012, a magistrate in Elmwood Village, Ohio, was forced to dismiss nearly 1,000 speed camera tickets for drivers who showed up to appeal. It seems the police chief’s tablet device containing all of the citation data was on the fritz, and there was no paper backup. If those drivers hadn’t shown up to fight they certainly would not have received such a break, courtesy of a defective microprocessor.
But for most ticket-fighters, it takes more than simply showing up for court to beat that ticket. That’s why the NMA has prepared an array of proven ticket-fighting tools to help you. All of these are available to Supporting Members at no- or reduced-cost. As longtime members know, the NMA’s ticket-fighting approach focuses on the following five key areas:
- Avoiding the ticket to begin with
- Preparing and researching
- Understanding and using basic legal/courtroom procedures
- Using technical information to your advantage
- Traffic Justice Program (learn more at www.motorists. org/traffie-justice/)
Listen and Learn
If you’ve never fought a ticket before, the NMA’s Guerilla Ticket Fighter audio CD which comes with the new Supporting Member packet (also available as a download in the Member Area at www.motorists.org/ members/ticket-audio) is the easiest place to start. Listen while you driveand learn proven techniques to defend yourself. This lively, practical guide covers everything from what do at a
traffic stop and how to get information helpful to your case, to effective defense strategies and what to expect in court. (The Guerilla Ticket Fighter is also available for download through CD Baby, iTunes, and Amazon.)
Download and Defend
For most NMA members, our downloadable e-book, Fight That Ticket!, is the logical place to begin your ticket fight. It’s available at no charge to Supporting Members through the Members Area (www. motorists.orgimembersitieketebook) and comes in two formats: one for viewing on-screen and another for printing out.
Fight That Ticket! provides a comprehensive “Do-It-Yourself ‘ (DIY) guide to fighting your next ticket. Since most traffic tickets are speeding-related, much of the content focuses on fighting speedingtickets. However, the techniques and principles presented applyto many p-es of tickets. Key topics include’the following:
- Requesting Informa{toll
- How to Request a Continuance
Enforcement Technology-uide
Basic Courtroom Procedures - Preparing Your Defense
Ticket Errors - Enforcement Technology Errors
Rules of Evidence for Beginners
The Pre-Trial Conference - Photo Ticket Defenses
Find more information on NMA Foundation
50 million customers hit in LivingSocial hack
If you’re a LivingSocial customer, get ready to change your password.
The daily deals site recently suffered a cyberattack on some of its servers, and customer data for more than 50 million users may have been accessed, the company said late Friday. Credit card data was not affected.
Some users who attempted to log in on Friday were greeted with a message about the “unauthorized access,” and were required to reset their passwords.
A LivingSocial spokesman sent CNNMoney a copy of an email that the company is sending to customers, which says the hackers may have accessed names, email addresses, encrypted passwords and the dates of birth for some users.
All LivingSocial users had some data stored on the hacked server, the spokesman said, except for customers in Korea, Thailand, Indonesia and the Philippines. Those countries use TicketMonster and Ensogo, which are on different systems.
The company declined to comment further on details of the hack, instead sharing an internal memo that CEO Tim O’Shaughnessy sent to employees earlier today about it. Tech blog AllThingsD first reported on the hack, citing that internal memo.
Related story: Stop hackers in their tracks
In the message that greeted users attempting to log in, LivingSocial said it is “actively working with law enforcement to investigate this issue.”
News of the LivingSocial hack comes three days after the Associated Press Twitter account was compromised. The hackers sent a tweet falsely claiming an attack on the White House had left President Obama injured, sending stocks sharply lower for a brief moment.
From CNN Money
A proposed Texas law would promote correcting incorrect news, online and off
Texas State Representative Todd Hunter, R-Corpus Christi, has proposed a “retraction statute” that, if passed, will protect journalists both online and offline and promote truth and efficiency both in and out of court.
The Freedom of Information Foundation of Texas and the Texas Press Association assisted Hunter in drafting Texas House Bill 1759 (HB 1759), which would require a prospective plaintiff to give a publisher an opportunity to correct, clarify, or withdraw false content before filing a defamation lawsuit. Under the proposed law, a request for such a correction must be made within a year of the publication and within 90 days of the plaintiff becoming aware of the publication. If the request is granted, and a correction, clarification, or retraction is published “with a prominence and in a manner and medium reasonably likely to reach substantially the same audience as the publication complained of,” the plaintiff cannot be awarded punitive damages in a defamation suit.
A publisher who has been asked to make a correction may also ask the person making the request to provide “reasonably available information regarding the falsity of the allegedly defamatory statement.” The requestor “must” provide the information within 30 days or be barred from seeking punitive damages in court.
If passed, HB 1759 will promote truth in publication. It will encourage subjects to contact publishers who may have gotten something wrong, encourage publishers to listen to and engage with subjects complaining of inaccuracies, and lead to corrections or clarifications in cases where a publisher determines one is necessary, which will provide the public more accurate information. Out of court resolution would also promote the interests of the judicial system by lessening the burden on courts, which are overburdened with ever-increasing caseloads.
This out-of-court dispute resolution provides a stark contrast to defamation lawsuits, which, once filed, encourage publishers and subjects to stick to their guns and fight it out in a winner-take-all battle that is unlikely to benefit any party. At that point, publishers typically adamantly support their legal right to publish what they have published in order to avoid liability, rather than considering extra-legal considerations like fairness and accuracy. Defendants can also accrue serious expenses putting on a legal defense for even a frivolous suit. By requiring plaintiffs to seek a correction and reducing available damages if a correction is made, Texas will deter plaintiffs from filing defamation suits and therefore reduce the potential chilling effects of such suits (Texas has already expressed its commitment to preventing such chilling by passing a strong anti-SLAPP statute).
Additionally, given the strong First Amendment protection for speech, which requires that actionable defamatory statements be made at least negligently (Gertz v. Robert Welch, Inc.), and in many cases with actual malice (New York Times Co. v. Sullivan), plaintiffs often expend significant resources and are ultimately unsuccessful in obtaining damages or compelling publishers to remove even factually false content. Encouraging publishers and subjects to resolve disputes outside of court therefore has significant benefits for defendants, plaintiffs, and the public.
Given the broad benefits of Texas’ proposed retraction law, it is especially positive that the bill explicitly protects online speech by both media and non-media defendants. It “applies to all publications, including writing, broadcasts, oral communications, electronic communications, or other forms of transmitting information.” In a case regarding online content a correction, clarification, or retraction is published with appropriate prominence and in an appropriate manner and medium if it is appended to the original publication.
Many of the approximately 30 states that already have retraction statutes on the books do not currently protect online speech. For example, Wisconsin’s retraction law only applies to “newspapers, magazines, and periodicals.” And in It’s in the Cards, Inc. v. Fuschetto, the Wisconsin Court of Appeals held that this language did not apply to the Internet, leaving the “legislature to address the increasingly common phenomenon of libel and defamation on the information superhighway.” The Mississippi statute refers to “a newspaper…radio or television station,” and has not been interpreted to apply to online publications. Similarly, the California retraction statute covers “publication of a libel in a newspaper, or of a slander by radio broadcast.” California courts have not addressed whether the statute could apply to online speech but have interpreted the statute narrowly; In Condit v. Nat’l Enquirer, Inc., a federal court in California held that the statute’s protections “are limited to publications which engage in the immediate dissemination of news.”
In other states, courts have applied statutes that do not expressly cover the internet to online speech. For example, in Alvi Armani Med., Inc. v. Hennessey, a court applied Florida’s retraction law, which applies to “publication or broadcast, in a newspaper, periodical, or other medium,” to online speech, though it implied that the statute might not cover an individual online speaker rather than a company “which provides information to the consumer public.”
In Mathis v. Cannon, the Supreme Court of Georgia held that the Georgia retraction statute, which covers “a regular issue of the newspaper or other publication,” applies to online speech. The court noted that that construction was preferable to one limiting the statute to traditional print media because:
[i]t eliminates the difficult task of determining what is a “written publication” and who is the “print media” at a time when any individual with a computer can become a publisher. It supports free speech by extending the same protection to the private individual who speaks on matters of public concern as newspapers and other members of the press now enjoy. In short, it strikes a balance in favor of uninhibited, robust, and wide-open debate in an age of communications when anyone, anywhere in the world, with access to the Internet can address a worldwide audience of readers in cyberspace. [internal citations and quotation marks omitted]
HB 1759 law serves the same crucial functions. It will promote accuracy in reporting while saving plaintiffs and defendants significant expense and unburdening the courts. And it is particularly forward thinking in that it provides the same rights to all speakers as it provides to the traditional media, therefore “strik[ing] a balance in favor of uninhibited, robust, and wide-open debate” both on and off line. This is especially important now, as traditional media budgets for investigative reporting shrink, and media’s watchdog function increasingly shifts to independent newsgatherers publishing online.
By Jillian Stonecipher from niemanlab.org
NFL Draft Round 1 Recap
Did you miss the NFL Draft last night? Well below is recap of all the exciting news that happened. The Draft last night was a draft to improve the trenches for many teams as you will see down below.
Billed as the most unpredictable draft in recent memory, Thursday night’s first round lived up to the hype. For the first time in NFL history, offensive tackles went 1-2. For the first time since 1963, no running backs went in the first round. And for the first time since 2001, only one quarterback was selected. To the headlines:
FREE FALL OF THE NIGHT
West Virginia QB Geno Smith
Got all dressed up and had nowhere to go. Stuck in the green room at Radio City Music Hall all night long, cameras were in Smith’s face as he played with his phone. The Jets passed on him at both No. 9 and 13, the Raiders went with CB D.J. Hayden at 12 and the Bills pulled a stunner with E.J. Manuel at 16 (more on that below). That left Smith in the Warren Sapp/Brady Quinn chair, sporting a long face and big chip on his shoulder. Smith may not have to wait too long on Friday night, as the quarterback-needy Jaguars hold the first pick of the second round. The Jags had been linked to Smith at No. 2 overall early in the evaluation process.
QUOTABLE
“Hang in there Geno, ‘good things come to those who wait,’ – Paul Tagliabue.” That’s a tweet Aaron Rodgers sent out during the draft, offering support to Geno Smith. Rodgers, tabbed by some as the No. 1 overall pick in the 2005 draft, went 24th to the Packers.
MEET YOUR NO. 1 OVERALL PICK
Never heard of new Chiefs LT Eric Fisher?
You’re not alone. Fisher was a lightly regarded prospect coming out of high school in Michigan, only receiving serious interest from Central Michigan and Eastern Michigan. He was merely a third-team All-MAC pick in 2011 before coming on big in 2012 and nipping the small/less athletic Luke Joeckel at the finish line to be the No. 1 overall pick. Fisher is the first player from the MAC to ever go No. 1 and is the highest pick from the MAC since Byron Leftwich in 2003. He’ll be slotted in at left tackle after the Chiefs complete the impending Branden Albert trade with the Dolphins.
THE MANTI MOMENT
The Vikings looked like an ideal landing spot for Manti Te’o. They started the night desperate for help at middle linebacker, held two first-round picks and have been a pipeline for Notre Dame players of late. John Carlson, Kyle Rudolph, John Sullivan, Robert Blanton and Harrison Smith are all Golden Domers currently residing in Minnesota. So it was an awful sign for Te’o when the Vikings – who ended up making three picks in the first round – passed on him. It had little to do with the fake girlfriend saga and everything to do with Te’o’s skill set. He lacks the athleticism to play in coverage and couldn’t get off blocks against Alabama’s NFL-caliber offensive line in the BCS title game. Te’o, holed up with his family in Hawaii, could be a Day 2 target for the Bears at No. 50 overall.
REACH OF THE NIGHT
The Cowboys traded out of the No. 18 hole, only receiving picks Nos. 31 and 74 from the 49ers. And at No. 31, they bungled the selection. Instead of shoring up their needs at safety, guard or backup running back, they reached for Wisconsin C Travis Frederick. Our draft guru Josh Norris didn’t even think unathletic Frederick was worth a third-round pick and NFL Network’s Mike Mayock had a third-round grade on him.
BIGGEST MISS BY MOCK DRAFTERS
At one point last week, the majority of mock drafts had Florida DT Sharrif Floyd going third overall to the Raiders. Some had him sliding to the back end of the top-10, but no further. But when the chips were down, Floyd slipped, slid and fell some more. When the carnage finally ended, the Vikings took him as a value pick at No. 23. Credit the Milwaukee Journal-Sentinel for securing this quote from a scout: “Those idiots on TV made Floyd. He’s not that good. He’s not better than Ziggy Hood.” NFL Films’ Greg Cosell had tabbed Floyd as “without question” the draft’s No. 1 player on film even though he produced just 4.5 sacks over 26 starts at Florida.
BEST DRESSED AWARD
This one goes to Tennessee WR Cordarrelle Patterson, and it wasn’t even close. He was rocking a zig-zag bow tie, a white tuxedo jacket and Louis Vuitton belt/suspenders. As our Pat Daugherty noted, he looked like a waiter from the Titanic. Here’s a link to his duds.
SURPRISE OF THE NIGHT
Everyone knew that the Bills were in the market for a quarterback. Everyone also thought that quarterback was Syracuse’s Ryan Nassib, who played for new Bills coach Doug Marrone. Nope. Showing a rare ability to keep a secret, the Bills shocked the collective NFL universe when they used the No. 16 pick on Florida State QB E.J. Manuel. He’s a project that will learn behind Kevin Kolb before eventually taking the reins.
BIGGEST TRADE OF THE NIGHT
The Rams identified a need to get playmakers for Sam Bradford. So they swooped in for the premier skill guy in the entire draft, giving Nos. 16, 46, 78 and 222 to the Bills and then snagging West Virginia WR Tavon Austin at No. 8. It’s a deal the Rams were able to do thanks to the picks acquired in last year’s Robert Griffin III trade. Drawing comparisons to the likes of Percy Harvin and Randall Cobb, Austin is going to be a four-down difference maker for the Rams.
QUARTERBACK CAROUSEL
Florida State’s E.J. Manuel was the only quarterback to go. That leaves Ryan Nassib, Geno Smith, Matt Barkley and Tyler Wilson all there for the taking. The Jaguars, Eagles, Cardinals, Browns and Jets all need a quarterback and hold five of the first seven picks in the second round.
BIGGEST WINNERS OF THE NIGHT
No one came away with more raw talent than the Vikings. Sharrif Floyd’s natural skills are eye-popping even if his production at Florida wasn’t. Florida State CB Xavier Rhodes, who has drawn favorable comparisons to Aqib Talib, has the ability to step in as a Week 1 starter immediately. And although they gave up four picks to get him, Tennessee WR Cordarrelle Patterson is a special athlete with the ball in his hands. He’ll quickly help a team that went to the playoffs last year despite closing out the season with Jerome Simpson as their No. 1 wideout.
INSTANT FANTASY IMPACT
Only three wide receivers, one tight end and one quarterback were drafted Thursday night. No running backs were selected. While Tavon Austin is the most electrifying rookie that will hit the field this fall, Clemson’s DeAndre Hopkins landed in the best situation when the Texans took him 27th overall. The Roddy White clone fits perfectly as a “Z” receiver and has no competition for the job. He’ll see single coverage all day long thanks to Andre Johnson’s presence on the other side of the formation.
Here is the Full List of Round 1
# | Team | Player | Pos. | College |
1 | Kansas City Chiefs | Eric Fisher | OT | Central Michigan |
2 | Jacksonville Jaguars | Luke Joeckel | OT | Texas A&M |
3 | Miami Dolphins (f/OAK) | Dion Jordan | DE | Oregon |
4 | Philadelphia Eagles | Lane Johnson | OT | Oklahoma |
5 | Detroit Lions | Ezekiel Ansah | DE | BYU |
6 | Cleveland Browns | Barkevious Mingo | DE | LSU |
7 | Arizona Cardinals | Jonathan Cooper | OG | North Carolina |
8 | St. Louis Rams (f/BUF) | Tavon Austin | WR | West Virginia |
9 | New York Jets | Dee Milliner | CB | Alabama |
10 | Tennessee Titans | Chance Warmack | OG | Alabama |
11 | San Diego Chargers | D.J. Fluker | OT | Alabama |
12 | Oakland Raiders (f/MIA) | D.J. Hayden | CB | Houston |
13 | New York Jets (f/TB) | Sheldon Richardson | DT | Missouri |
14 | Carolina Panthers | Star Lotulelei | DT | Utah |
15 | New Orleans Saints | Kenny Vaccaro | S | Texas |
16 | Buffalo Bills (f/STL) | E.J. Manuel | QB | Florida State |
17 | Pittsburgh Steelers | Jarvis Jones | OLB | Georgia |
18 | San Francisco 49ers (f/DAL) | Eric Reid | S | LSU |
19 | New York Giants | Justin Pugh | OT | Syracuse |
20 | Chicago Bears | Kyle Long | OG | Oregon |
21 | Cincinnati Bengals | Tyler Eifert | TE | Notre Dame |
22 | Atlanta Falcons (f/WAS via STL) | Desmond Trufant | CB | Washington |
23 | Minnesota Vikings | Sharrif Floyd | DT | Florida |
24 | Indianapolis Colts | Bjoern Werner | DE | Florida State |
25 | Minnesota Vikings (f/SEA) | Xavier Rhodes | CB | Florida State |
26 | Green Bay Packers | Datone Jones | DE | UCLA |
27 | Houston Texans | DeAndre Hopkins | WR | Clemson |
28 | Denver Broncos | Sylvester Williams | DT | North Carolina |
29 | Minnesota Vikings (f/NE) | Cordarrelle Patterson | WR | Tennessee |
30 | St. Louis Rams (f/ATL) | Alec Ogletree | LB | Georgia |
31 | Dallas Cowboys (f/SF) | Travis Frederick | C | Wisconsin |
32 | Baltimore Ravens | Matt Elam | S | Florida |
Article from RotoWord and Table form BUFFRUMBLINGS
Samsung Galaxy S4 Review
Article from Gizmodo
Since it arrived last year, the Galaxy S IIIhas been the world’s best-selling smartphone that wasn’t born in Cupertino. An impressive feat, but one that—along with Samsung’s Megatron-sized hype-machine—has made for sky-high expectations for the sequel.
Our first impressions of the S4 left us a little cold, but we’ve now spent a full week getting to know it better. It’s definitely one of the best phones you can buy. It’s just shame it couldn’t stay out of its own way.
What Is It?
Samsung’s next great hope of a superphone. It’s got a 5-inch 1080p Super AMOLED screen, a superfast quad-core 1.9GHz Snapdragon 600 processor, 2GB RAM, LTE, NFC, and a 13MP camera. It also has a beefy 2600mAh battery, and an IR blaster for controlling your home entertainment system. It comes running Android 4.2.2 with Samsung’s heavy TouchWiz skin on top of it. It should be available on every major U.S. wireless carrier in the next few weeks.
Design
If you’re familiar with the Galaxy S III, the S4 will look strikingly familiar. It retains the same rounded-rectangle look, with metal edges and a slippery, finger-print-trapping plastic back that looks like it belongs on a far more downmarket phone. It’s at least functional, though; the back is removable, so you can swap out the battery or expand your storage capabilities with a micro SD card. A lot of people prefer that added utility over the more solid-feeling, and more beautiful unibody design of, say, the HTC One. One place Samsung does manage to score design points is growing the screen from 4.8 inches on the Galaxy S III to a full 5.0 inches on the S4, while still making the phone thinner, narrower, and easier to grip. The side bezels are shrunk down to nearly nothing, and the screen takes up almost the entire front of the device. Speaking of the screen, it is easily the nicest Samsung has ever made. The colors (especially blues and greens) really pop, and the 441 pixels per inch ensure that text is super-clear. It’s also bright enough to be clearly readable on a bright, sunny day, and the Super AMOLED screen makes the blacks like staring into the abyss. That being said, we still slightly prefer the screen on the HTC One. There’s something about it that looks matte, like a magazine, and colors are more accurate. While Nexus phones are moving away from physical buttons for navigation, Samsung has opted to include three of them here. The S4 has capacitive buttons for Menu and Back, and a physical, clickable button for Home. It’s wasted space. But worse, the capacitive buttons don’t light up until you actually touch them, so if you forget which side is Menu and which is Back you might end up closing out of something unintentionally. Annoying!
The final touch: on top of the device is a super tiny IR blaster for controlling your TV. You’d never even notice it if you weren’t looking for it, and you won’t look for it.
Camera
In decent lighting, the camera is among the best shooters out there. Images are very sharp and there’s a surprising amount of depth of field. Colors are rich, though they border on over-saturation, and video quality is excellent. You can check out plenty of our sample shots here.
Like
Battery performance on the S4 is among the best we’ve seen from smartphones this year, though it’s still not anywhere near as everlasting as the RAZR MAXX HD. It’s important to note, though, that our testing took place on T-Mobile’s HSPA+ network, and not the more power-hungry LTE of Verizon and AT&T. With that advantage, it slightly edged out the HTC One by an hour or so on average (which itself does pretty decently).
The S4 did, though, make it to the end of the night without additional charging fairly often, thanks to both the larger battery (2600mAh vs. 2300mAh on the One) and the more economical AMOLED screen, though the processor’s higher clock speed taxed it somewhat.
Speaking of which: that screen really is leaps and bounds better than the one on last year’s S III. It’s very sharp, pretty, and easy to read. The camera app is laid out very nicely, and the included OCR (optical character recognition) software, which can translate written words on the fly, are both examples of app actually done right. Overall, the S4 is definitely a sizable upgrade over the S III. But it’s still got its issues.
No Like
Big surprise to nobody: the software is not up to snuff. Let’s ignore for a moment that all of the “innovative” banner “features” mentioned above are at best useless and at worst annoying. The rest of the UI ain’t much better. For example, there’s a “feature” that gives you access to a little drawer of favorite apps on the left side of your screen, called the “Multi window.” Just tap the little tab, and the drawer slides up. The problem? That tab does not go away. Even when you’re watching a video.
Should I Buy It?
The S4 is a good phone, but there are very few compelling reasons to buy it over the HTC One. Let’s list them.
You Should Buy the S4 Over the HTC One IF…
- 1. You’re on Verizon. Unfortunately, Verizon is the only major carrier who won’t be carrying the HTC One. If you’re a subscriber, you can and probably should yell at them about that.
- 2. You absolutely must have expandable storage and/or a removable battery.
- 3. You really need that extra hour of battery life.
And that’s about it.
The S4 is far from a bad phone. In fact, were it not for the HTC One, it would be the bestAndroid phone you can buy. And one can’t help but think that had Samsung poured all of its innovation into maximizing the practical user experience—instead of highly ignorable gimmicks—it might have taken the crown.
Samsung Galaxy S4 Specs
• Network: All major U.S. carriers
• OS: Android 4.2.2 with TouchWiz UI
• CPU: 1.9 GHz quad-core Snapdragon 600
• Screen: 5-inch 1920×1080 Super AMOLED (441PPI)
• RAM: 2GB
• Storage: 16 or 32GB + micro SD up to 64GB
• Camera: 13MP rear / 2MP front
• Battery: 2600 mAh Li-Ion
• Dimensions: 5.38 x 2.75 x 0.31 inches
• Weight: 4.59 ounces
• Price: Starts at $200 with a two-year contract
2 fuel barges on Alabama’s Mobile River explode
Two fuel Barges Explode on Alabama’s Mobile River
Fires burning aboard a pair of barges on Alabama’s Mobile River died down early Thursday, hours after a series of explosions loud enough to be heard 20 miles away, a fire spokesman said.
But firefighters have yet to step aboard the barges, which remain secured to their moorings, said Steve Huffman, spokesman for the Mobile Fire-Rescue Department. Temperatures remain too high, he said.
The initial explosion and fire Wednesday night severely burned three workers who were preparing the barges for reloading, Huffman said.
The contractors were in critical condition Thursday at the University of South Alabama Medical Center with severe burns, according to a spokesman. Authorities don’t believe any workers are missing.
The first explosion occurred on a barge designed to carry compressed natural gas, according to the U.S. Coast Guard.
It was empty at the time of the blast, but a spark ignited a buildup of natural gas vapors, causing an explosion that caused a second barge to catch fire, CNN affiliate WALA TV reported, citing Coast Guard Lt. Mike Clausen.
At least six explosions rocked the barges, according to authorities.
At the Fort Conde Inn across the river they sounded like “planes above you dropping bombs,” general manager Alan Waugh toldWALA Wednesday.
“We were up on a second floor balcony and the sky lit up in orange and yellow,” he said.
The Coast Guard has closed the shipping channel for one nautical mile around the scene while fire and Coast Guard crews work on a plan to secure the heavily damaged barges.
The barges are moored across the river from the Carnival Triumph, the cruise ship that lost power in February and drifted in the Gulf of Mexico for days before being towed to Mobile for repairs.
At least 500 employees working on the ship were evacuated, Huffman said.
Find original article at CNN
Happy National DNA Day
Happy National DNA Day! April 25 marks the 60th anniversary of scientists’ discovery of the double helix. It’s also the 10th anniversary of the completion of the Human Genome Project, which set out to sequence the more than 3 billion letters in our genetic code. Biologist James Watson and physicist Francis Crick realized our DNA molecules form a three-dimensional double helix in 1953. But DNA research dates back to the late 1860s, according to Nature Education. Friedrich Miescher was the first to identify “nucleic acid” in our white blood cells; his 1869 finding was later named deoxyribonucleic acid, or DNA. Others later defined the components that make up DNA molecules, identified RNA (ribonucleic acid, the other type of nucleic acid found in all cells along with DNA) and determined that although DNA differs in each species, it always maintains certain properties. Those findings led to Watson and Crick’s conclusion, which paved the way for decades of DNA discoveries. Today we use DNA tests to tell us about all kinds of things — from Justin Bieber’s baby daddy status to theinnocence of a man sitting on death row. But genetic scientists are doing more than trying to prove Bigfoot’s existence.
Here are five cool things DNA testing can do:
Map your family tree
A $99 DNA test could give you thousands of new relatives (although if they’re anything like ours, we’re not sure why you’d want them). Sites such as Ancestry.com offer to compare your DNA to those they already have on record in hopes of connecting you to unknown branches of your family tree. Ancestry.com’s test can also tell you your genetic ethnicity. “The new test looks at a massive amount of your DNA … and compares it to other DNA samples from around the world. By detecting similarities, we can trace back generations to connect you to the lands your ancestors once called home,” the site states.
Solve ancient mysteries
No one knew where Richard III, one of the most famous kings of England, was buried until his remains were discovered in a parking lot in Leicester. The remains showed evidence of battle wounds and scoliosis, but scientists weren’t sure the skeleton was Richard III’s until DNA extracted from the bones was matched to Michael Ibsen, a direct descendant of the king’s sister. It wasn’t the first time ancient remains had been identified using DNA. If it’s stored in a cold, dry, dark place, DNA can last for thousands of years. In 2009, a DNA analysis of some bone fragments showed two of Czar Nicholas II’s children were killed along with the rest of the family during the Russian Revolution, despite speculation they could have escaped. Scientists have even extracted DNA from Neanderthals, who went extinct about 30,000 years ago, in hopes of gaining insight into the evolution of humans.
Distinguish your mutt
“Where does Buddy get his curly tail from? Why does he love digging holes in the backyard? Could I be doing more to make him happier and healthier? Your dog may not be able to tell you the answers — but his DNA can,” claims one dog DNA site,WisdomPanel.com. You’ll probably never figure out why Buddy loves to eat your favorite Italian pumps (other than the fact he’s a dog) but you can figure out where he comes from. WisdomPanel.com will test your mutt’s DNA against that of more than 190 breeds to determine his genetic background. “But why?” cat lovers may be asking. “When you understand your dog’s natural tendencies, you can tailor a training, exercise and nutrition program to his needs,” the site explains.
Predict the future
Using blood from the mother and saliva from the father, scientists can now determine whether a fetus has any chromosomal abnormalities that could cause a genetic disorder. For example, DNA testing can reveal if an unborn baby will have trisomy 21, or Down syndrome.
Researchers are beginning to expand the field of prenatal genetic testing even further, using it to identify potential developmental delays and intellectual disabilities such as autism. Genetic testing can also reveal risk factors you may have inherited from your parents, such as a high risk for breast or colon cancer. While this genetic risk factor does not guarantee you will get the disease, it does increase your chances; knowing about the risk may help you take preventive steps.
Help you lose weight
A growing body of research suggests that our ability to lose weight — or gain 10 pounds by simply looking at a piece of chocolate — is shaped in large part by our genes. Scientists have identified several gene variants that may predispose us, and our children, to obesity. Rodent studies have also shown that up to 80% of body fat is regulated by our genes, according to TIME. That said, we wouldn’t search for a customized DNA Diet just yet. While there is a genetic component to obesity, our understanding of it is limited, says CNN diet and fitness expert Dr. Melina Jampolis. Researchers are still trying to figure out how genetics, nutrition and exercise are related so we can help people lose weight and keep it off.
Russia contacted US government ‘multiple’ times
Russian authorities alerted the US government not once but “multiple’’ times over their concerns about Tamerlan Tsarnaev — including a second time nearly a year after he was first interviewed by FBI agents in Boston — raising new questions about whether the FBI should have focused more attention on the suspected Boston Marathon bomber, according to US senators briefed on the probe Tuesday.
The FBI has previously said it interviewed Tsarnaev in early 2011 after it was initially contacted by the Russians. After that review, the FBI has said, it determined he did not pose a threat.
In a closed briefing on Tuesday, members of the Senate Intelligence Committee learned that Russia alerted the United States about Tsarnaev in “multiple contacts’’ — including “at least once since October 2011,’’ said Richard Burr, a Republican of North Carolina, speaking with reporters afterward.
Senators said the briefing also revealed failures among federal agencies to share vital information about Tsarnaev, indicating, they said, that the US government still has not established a strong system to “connect the dots’’ about would-be terrorists residing in America more than a decade after 9/11.
Senator Susan Collins, a Maine Republican and member of the Senate Intelligence Committee, praised law enforcement authorities for quickly producing videos of the suspects and putting a halt to their violent spree Thursday night and Friday.
“But I’m very concerned that there still seem to be serious problems with the sharing of information, including critical investigative information,’’ she said after emerging from the closed-door committee briefing. “That is troubling to me, this many years after the attacks on our country in 2001, that we still seem to have stovepipes that prevent information from being shared effectively, not only among agencies but also with the same agency in one case.”
Collins, who was among senators receiving a briefing from Deputy FBI Director Sean M. Joyce and officials from the National Counter-terrorism Center and the Department of Homeland Security, did not elaborate on details of those failures.
Members of the House also received a briefing Tuesday and emerged with questions.
“We have to go back and take a good hard look at the gaps,’’ said Debbie Wasserman-Schultz, a Florida Democrat. “With each event that occurs like this one, we have to go back and take a look at what lessons we could learn and how to fill in those gaps.’’
Warnings raised by Russia have loomed large in the investigation of how Tsarnaev, a Kyrgyzstan national, and his younger brother, Dzhokhar, a naturalized US citizen, allegedly prepared for the April 15 bombing attacks near the finish line of the Boston Marathon.
“I think the increasing signals are that these are individuals that were radicalized, especially the older brother, over a period of time,’’ said Republican Senator Marco Rubio, of Florida, after the briefing. He said the brothers “used Internet sources to gain not just the philosophical beliefs that radicalized them, but also learning components of how to do these sorts of things.”
US officials have faced tough questions for not tracking the older brother’s travels to the Russian provinces of Dagestan and Chechnya — where he spent more than half of last year and may have interacted with militant groups or individuals.
The FBI has said it was not aware that Tsarnaev had traveled to Russia in 2012. Senator Lindsey Graham, Republican of South Carolina, said Monday that the FBI told him it was not aware of the older Tsarnaev’s travels because his name had been misspelled on an airliner passenger list. US Secretary of Homeland Security Janet Napolitano confirmed the misspelling during a hearing before the Senate Judiciary Committee Tuesday, but she said Homeland Security nonetheless was aware of his trip.
“Even with the misspelling under our current system, there are redundancies, and so the system did ping when he was leaving the United States,” she said.
Napolitano said the Senate’s proposed immigration overhaul bill would improve that system to avoid any chance of clerical errors, by making passports “electronically readable.’’
Her disclosure that Homeland Security knew of the trip, but not the FBI, raised questions among lawmakers.
“I want to make sure that DHS is talking to the FBI,” said Senator Charles Grassley, the ranking Republican on the Judiciary Committee. “It looks to me like there is a lack of communication.”
Others expressed concern about signs that officials did not connect the dots about the potential threat Tsarnaev’s may have posed.
“Post-911 we thought we had created a systems that would allow for the free flow of information between agencies,” said Senator Saxby Chambliss, a Republican from Georgia and member of the intelligence panel. “And I think there have been some stone walls .. .that have been re-created that were probably unintentional.”
Senator Dianne Feinstein, who chairs the Senate Intelligence Committee, cautioned against jumping to any final conclusions.
“We had a full discussion back and forth over the process that’s followed and we need to keep at that and we need to see if there are any loopholes in it, that we fix those loopholes,” she said.
She characterized the issues as part of an evolving intelligence process.
“With every one of these we find problems, it’s not just this one,” she said. “And you try to remedy the problem so next time it’s not going to happen and something else pops up next time, but the right things are being done and the right kind of investigation is being conducted.”
“I think there’s concern about knowledge about the individual’s trip to Russia and was that information shared between the FBI and Homeland Security,” said, Representative Michael McCaul, a Texas Republican who chairs of the House Homeland Security committee.
By Bryan Bender and Noah Bierman | GLOBE STAFF
APRIL 23, 2013
Find original Article at the Boston Globe
What to do if you’re in an accident
Here are 10 things to do after a car accident:
1. Make sure everyone is ok – before concerning yourself with vehicle damage and exchanging insurance information, make sure that all parties to the accident are ok. If not, call 911.
2. Save the apologies for another time – yes, politeness is an admirable trait, but in this situation, a simple “I’m sorry, I wasn’t paying attention,” can be seen as an admission of liability.
3. Start talking – to witnesses, that is. Get all the relevant contact information of any bystanders that may have seen the accident.
4. Call Your Insurance Company – report the incident to your insurance company, even if you are completely at fault. Also, keep track of the time and money spent pursuing your claim.
5. Take Pictures – having proof of the damage to the car will help with insurance, and serve as evidence if there is a dispute down the line. One helpful tip is to always keep a disposable camera in your glove compartment for these situations.
6. Take Notes – similar to pictures, detailing the accident and the nature of your injuries as soon as possible can serve to expedite the process.
7. Get a Property Damage Figure from your Insurance Company – this valuation will serve as the amount you can recover or replace your car. If you are not happy with the figure from your insurance company, seek outside quotes.
8. Careful Who You Talk To – if the other party’s insurance company contacts you, your best response is to get in touch with your insurance company or attorney. Why? Because they are better equipped to handle the situation.
9. Don’t automatically accept the first estimate or offer you get – jumping the gun on the settlement can be a costly mistake.
10. Get an attorney – if there is a dispute with your insurance company, or the seemingly simple car accident suddenly turns complicated, then seeking legal counsel is your best bet.
11. Take a deep breath, everything is going to be ok.
State Farm says:
Be prepared
* Have a set of cones, warning triangles, or emergency flares in your trunk to help alert traffic
* It also helps to have a pen and a card with any relevant medical information for you and your family
Immediately after an accident
* Take a deep breath and stay calm
* Check for injuries; call an ambulance when in doubt
* If accident is minor, move cars to a safe place, out of traffic
* Turn on your vehicle’s hazard lights and use cones, warning triangles or flares for safety
* Call the police, even if the accident is minor
* Notify your insurance agent immediately
Other important tips
* Don’t sign any document unless it’s for the police or your insurance agent
* Make immediate notes about the accident, including specific damages to all vehicles involved, witness information, etc.
* If the name on an auto registration is different than the driver, jot down the relationship
* Be polite, but don’t tell anyone the accident was your fault, even if you think it was
* State only the facts, and limit your discussion of the accident to the police and your insurance agent
* If possible, don’t leave the accident scene before the police and other drivers do
Car2Go in Austin Texas
Car2Go is an innovative carsharing business that has found a successful alternative solution in reducing congestion, traffic, and emissions.
What IS CAR2GO?
Here’s the concept: you have to sign up for a membership card in advance. Once you have the card, you can short-term rent any available car (you can find which are available by looking at the car2go app or online, or if you spot one, a car2go with a green blinking light on the dash). The rental process is fast and easy:
- Press your membership card to the windshield:
- (Walk around the car to inspect for damage)
- Once the computer recognizes your card, the doors unlock
- Get in
- Rate the car’s cleanliness and report any damage (by answering questions on a touch screen)
- Use the key, located in a receptacle next to the touch screen, to start the car
- And you are off!
What does it cost?
I registered for free, but I hear that the registration fee may now be $35.00, one-time.
Per minute | $0.35 plus tax |
Per hour maximum | $12.99 plus tax |
Per day maximum | $65.99 plus tax |
Per mile after 150 mile per rental | 45 cents, plus tax |
Please note: You can drive as long and as far as you like, just be aware that every mile over 150 miles will be charged at 45 cents per mile.
About the car2go Pilot Project in Austin, Texas
In 2010, Diamler began the car2go pilot project in Austin, with their only other location in Germany. According to their website, they have almost 15,000 registered users. And what a great experiment it has been. However, after_________________ [problem with no cars in area…]
My Experience with car2go
I live in South Austin, and, while I have my own car, I find it useful when we have guests in town without a car, or when my car is in the shop, or when I want to drive it one-way, to meet some friends, for instance. I have neighbors who share a car, and the car2go is an easy way to increase flexibility when you share a car – if you both need the car, you can always rent a car2go, which could be less expensive, used sparingly, than a car payment.
In the Spring of 2011 (the weekend of SXSW, coincidentally), car2go upgraded its cars and expanded its fleet. It also expanded the user area by about 50%. While in 2010, I almost always found a car2go within a convenient walk of my house, now, I almost always cannot find a car within 1/2 mile of my house, and they all seem to have migrated to the outer edges of the user area. I’m currently unhappy about this new change, but it may all shake out and return to normal.
I’ve had a few other issues with car2go rentals:
- Once, the car recognized my card, started the rental, but then timed out and never unlocked the doors. I called car2go (the next day, as they were already closed), and they informed me that my account had been charged for a 16 hour rental. Once I explained the issue, they credited my account.
- A few other times, I have had troubles with closing the rental, but I have called, and, after noting that the car didn’t move for 10 hours of the rental, car2go credited my account. (These issues may have been solved with the new fleet.)
It’s Green
About 80 percent of the new car2go vehicles in Austin will be equipped with another innovative feature: A 100 Watt solar roof which is fully integrated in the on-board electronics and serves to supply power to the telematics and continually charges the car’s battery. This allows fuel consumption to be reduced. In addition, if the vehicle is parked in the sun, solar energy is used to power the ventilation system, which reduces the interior temperature. This not only adds to the comfort when a customer gets into the car in hot temperature conditions, but also reduces the burden on the environment, because the air-conditioning system needs to expend considerably less energy to cool the car down, thus reducing fuel consumption. Cool!
Membership Cards and Authorized Users
- It now costs $35.00 per membership card.
- You need a physical membership card to unlock and use a car2go vehicle.
- You may have more than one authorized member under the same membership card, for no fee, but this obviously causes convenience and logistical problems, because two authorized members under the same card could not use 2 cars at the same time.
- The cards do not have any unique markings that allow you to distinguish them from one another, save for a number on the card. You cannot find this number anywhere on the account. The only way you can verify that card is yours (in case you mix it up with a spouse or roommate) is to call car2go and have them verify that number matches your account.
- My husband and I each have a separate member card, but we added each other as authorized members on our cards. This way, even if we mix up the cards, we aren’t an unauthorized user.
- The way the car distinguishes which user is driving the car2go vehicle is that it asks which driver will be using the car. You just select your name and answer the usual damage and cleanliness questions.
OK, now about the legal issues:
car2go gives it’s disclaimer: “Important: The car2go Austin member is responsible for all processing costs related to damage for which he or she is responsible, such as extreme soiling of the car2go, driving offenses, and violations of the valid terms of use.”
- 1. This is just like any other rental: don’t accept it if it’s damaged! It’s important to walk around and inspect the entire vehicle before you get in. If you don’t notice damage, you could get stuck with the bill, though I don’t know how this works with car2go. Another renter before you could have damaged the car and closed the rental without reporting it.
- Insurance:
- You may not be covered by car2go’s insurance. According to car2go’s terms and conditions, you must be a member or authorized driver (among other things) to be covered by their insurance, and here’s their criteria:
Section 3 – Driver Authorization
3.1 The only persons who shall be authorized to drive car2go car-sharing vehicles are persons who:
a) are Members or authorized Drivers as defined in Section 1;
b) hold a valid driver’s license issued in a United States jurisdiction authorizing the holder to drive a passenger vehicle, and who meet all of the conditions, restrictions, or other requirements that may be contained therein;
c) are at least 18 years of age, approval of Members and/or Drivers between the ages of 18 and 21 may be subject to certain specified criteria and/or restrictions at the discretion of car2go and/or car2go’s insurer(s);
d) have a valid car2go Membership card in accordance with Section 5 herein;
e) are of sound mind and memory and have not used any drugs, imbibed any alcohol or taken any medication that could adversely affect their ability to drive (for alcohol, a zero-tolerance policy is adopted and a limit of 0.0% applies); and who
f) have selected a method of payment in the car2go internet portal and have registered the
corresponding data or Drivers who are authorized to drive at the expense of a Member.
Should any Member’s driver’s license be revoked or lost, authorization to drive car2go vehicles shall expire immediately.
https://www.car2go.com/austin/en/files/car2go_austin_terms_and_conditions.pdf
Further, if you allow a third-party who is unauthorized by car2go under your membership card, to drive a vehicle, you would be required to pay $1,500.00 per violation. This includes someone who is also a member, but who drove the vehicle using your car2go membership card (as opposed to a driver who is authorized under your membership card at the expense of a member).
- Base membership coverage includes the following limits:
- Liability of $100,000 Bodily injury per person / $300,000 Bodily injury per accident per accident and
- $50,000 Physical Damage per accident.
- Coverage for the car2go vehicle is provided with a deductible of $1000 per occurrence.
- Note that there is no uninsured/undersinsured motorist (“UM/UIM”) coverage.
- What is UM/UIM coverage?
- It is coverage that may cover you and your passengers in the car, in the event that you are in an accident and the other part involved has no or too little insurance to cover the damage to your car, medical bills and expenses. In another post, I will cover the advantages of UM/UIM coverage.
- What does this mean if you get into a car crash while driving a car2go vehicle?
- Unless your own auto insurance coverage has UM/UIM coverage (and adequate coverage, at that), if you are driving a car2go and are injured in a car wreck caused by another person, you may not have insurance coverage if the other person has little or no insurance. This is only a general statement. You need to consult an attorney to determine what coverage applies to your specific situation.
- Here’s an Example:
- You rent a car2go vehicle to get groceries. You have no passengers. Along the way, a teenager texting on his iPhone runs a red light and smashes your little car2go to smithereens. You are severely injured and have lots of medical bills and lots of lost wages. The teenager has no liability insurance or has minimum limit insurance of $25,000 liability bodily injury insurance. It’s not enough to cover your medical or your lost wages. If you had UM/UIM coverage through your own insurance, it may cover over and above what insurance the teenager had.
Stephenslegal.com Blog by Stephens & Stephens is provided as a public service for general information only. Material contained herein may not reflect the most current legal developments. This material does not constitute legal advice, and no person should act or refrain from acting on the basis of any information contained in the Stephenslegal.com Blog without seeking appropriate legal or other professional advice on that person’s particular circumstances. Stephenslegal.com Blog and all contributing authors expressly disclaim all liability to any person with respect to the contents of this web site, and with respect to any act or failure to act made in reliance on any material contained herein.
Transmission of the information on the Stephenslegal.com Blog does not create or constitute an attorney-client relationship between the Stephenslegal.com Blog and any viewer or user of such information. Stephenslegal.com Blog is not intended to be advertising or solicitation, and Stephenslegal.com Blog does not wish to represent anyone who desires representation based upon viewing this web log in a state where this web log fails to comply with all laws and ethical requirements of that state.
Copyright 2011 Stephens & Stephens, Attorneys, PLLC. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.