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Articles written by David J. ShestokasAll 113 articles written by David J. Shestokas Overview of Florida DUI Law: The DUI Process and Penalties in Florida Category: Law, Crime & Justice (general) Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. more... Category: Law In 1870, the Fifteenth Amendment assured freed slaves the right to vote. At that time a woman's right to vote was still not universal. more... The Seventeenth Amendment to the US Constitution: The Direct Election of United States Senators Category: Law From 1787 to 1913 the power to choose United States Senators was vested by the Constitution in the State legislatures. The Seventeenth Amendment changed this. more... Category: Law The Civil War had been won by the North, but there was still much to do, as both legal and extra-legal means were used to prevent freed slaves from voting. more... The Politics of the Thirteenth Amendment: Treating a Wound in the US Constitution Category: Law Abraham Lincoln issued The Emancipation Proclamation on January 1, 1863 freeing many slaves. Its scope was limited and the 13th Amendment was needed to complete the job. more... Category: Law George Washington was elected president unanimously twice. Those were the last two times for such national unity. The elections of 1796 and 1800 were vastly different. more... The Tenth Amendment to the US Constitution: A Limitation on Federal Power Largely Ignored Category: Law Among the difficulties proponents had when seeking constitutional ratification was the lack of an express limit on federal power. The Tenth Amendment was to remedy this. more... The Third Amendment to the US Constitution: Quartering of Soldiers in Private Homes Forbidden Category: Law The Declaration of Independence lists colonists' grievances against England's king. Protection from many of those grievances became part of the Bill of Rights. more... Category: Self-Awareness The wisdom of the Toltec became part of popular culture after Ellen Degeneres discussed The Four Agreements with Oprah. The Four Agreements is a path to self-awareness. more... The Supremacy Clause in the US Constitution: Article VI and Why Federal Law Overrules State Law Category: Law The Constitution's Article VI covers three items: outstanding debt, prohibition of religious tests for office, and federal law's power over state law. more... Copyright Infringement of Internet Articles: Significant Penalties for Stealing a Writer’s Work Category: Law A copyright owner has the exclusive right to reproduce, distribute, perform, display, or license his work. Congress regulates this under authority of US Constitution. more... The US Supreme Court's Power and Authority: An Overview of Article III of the US Constitution Category: Law The United States government is built around the concept of separation of powers among three branches of government, the executive, legislative and judicial branches. more... Category: Law The United States Congress is the branch of government that passes laws. The authority to do this is granted by Article I of the Constitution. more... Airboats & Alligators in Immokalee Florida: The Lake Trafford Marina in SW Florida Category: Florida Travel Anyone who watches the opening of CSI: Miami wants to skim through the Everglades like Horatio Caine. It can be done at Lake Trafford in Immokalee, Florida. more... Florida Misdemeanor Law: The Significant Consequences of Minor Criminal Offenses Category: Law, Crime & Justice (general) While less serious than felonies, a Florida misdemeanor arrest and guilty finding leads to criminal records with the FBI and state police. more... "Water" Opens at Chicago's Field Museum: Even Near Lake Michigan “Water” Is an Important Resource Category: Illinois Travel On June 17, 2009, the Field Museum in Chicago opened its blockbuster exhibit of the summer, simply entitled, "Water". The exhibition runs through September 20. more... Category: Online Publishing Resources It is often said "content is king" to creating web traffic. The idea of writing an article or building a website is to generate viewers. The right keywords are critical. more... The Second Amendment to the US Constitution: The Right to Keep and Bear Arms Category: Law The Second Amendment addresses gun possession. Its language gives support to advocates of strong gun controls or only limited regulation of citizen ownership. more... Category: History Books While no longer a new book, Shadow Divers is a book for the ages. Robert Kurson reports a true story of honor, curiosity, courage and daring. more... The US Process of Issuing Arrest Warrants: The Fourth Amendment Warrant Requirement in Action Category: Law, Crime & Justice (general) A warrant of arrest is issued by a judge commanding law enforcement officials to bring the person described before the court to answer to criminal charges. more... Plea Bargaining in Criminal Cases: Achieving a Specific Outcome for a Guilty Plea Category: Law, Crime & Justice (general) If every criminal case went to trial, the criminal justice system would effectively shut down. The answer developed to this problem is the plea bargain. more... Appealing a Criminal Conviction: Appeals From the Trial court to the Supreme Court Category: Law, Crime & Justice (general) In the federal judicial system and in every state there is a process to contest criminal convictions or sentences. This is the appellate process. more... Category: Law, Crime & Justice (general) Though every time someone is arrested on television they are advised of their rights, not being advised does not make an arrest illegal in real life. more... Interstate Extradition in the United States: Returning a Fugitive to the State of the Crime Category: Law, Crime & Justice (general) Every state of the United States governs people within its territory. No authority exists for a state's law enforcement officials to arrest someone outside its territory. more... The History of Crucifixion: The Torture of Jesus Was a Common Practice Category: Law, Crime & Justice (general) During the Easter period reenactments of Christ's death take place worldwide. Crucifixion dates at least to 700 BC and remains the law in some countries today. more... Category: Home Mortgages On March 4, 2009 President Obama announced his plan to assist the American housing market. The plan has two components: refinance and loan modification. more... American Recovery and Reinvestment Act Web Info: Finding Out What Happens to $787 Billion Category: American Affairs (general) Counting $787 Billion at $1 per second would take over 24,955 years. It took the Obama Administration just 27 days to spend that much. more... Creating or Writing a Job Description: When Entrepreneurs Begin Adding Employees Category: Human Resources Management The way the country is lead out of recession is by job creation. Most new jobs are created by entrepreneurs who must define these jobs. more... The Growing Problem of Identity Theft: Proactive Ways to Protect Personal Information Category: Consumer Education (general) In 2007, 9.91 million Americans were the victims of identity theft, accounting for $52,600,000,000 in losses in 2007. In the current economy, the problem is sure to grow. more... Circumstantial Evidence in an American Trial: Facts Inferring Other Facts Category: Law, Crime & Justice (general) There are two types of evidence presented at a trial: direct evidence and circumstantial evidence. One, if believed directly proves a fact, the other implies a fact. more... Florida Mortgage Foreclosure Law: The Process Involved in the Foreclosure Crisis Category: Home Mortgages The foreclosure crisis is getting national attention, especially the problems in Florida. The Florida courts are being swamped with foreclosures. more... Category: US President In his first three days as President Barack Obama moved to change US policies on Guantanamo detentions and funding of foreign family planning. more... Illinois Mortgage Foreclosure Law: Strategies for Dealing with Foreclosure Category: Home Mortgages The best way to avoid mortgage foreclosure is to never miss a mortgage payment. That is not always possible. Strategies are available and should be explored. more... Category: Law, Crime & Justice (general) Leaders of the United States Senate allowed the law to trump politics, dropping objections to Rod Blagojevich's Senate choice. more... Actor, Playwright Sam Shepard Arrested for DUI: The DUI Process is the Same for Celebrities Category: Law, Crime & Justice (general) In the early morning hours of January 3, 2009 Sam Shepard was arrested in Normal, IL and charged with a DUI. The DUI process does not vary for celebrities. more... New Illinois 2009 DUI Laws: Illinois Requires Breath Testing of DUI Offender to Drive Category: Law, Crime & Justice (general) Starting January 1, 2009, first time DUI offenders in Illinois faced new legal requirements for driving during a Statutory Summary Suspension. more... The Reasons and Mind Set to Stop Smoking: The Best Resolution for Any New Year Category: Fitness (general) A very popular resolution every year is to stop smoking. Most smokers fail many times, primarily because they think quitting is easy. It truly is very difficult. more... Free Lunch from Government Handouts to the Rich: Who Will Bail Out the American Taxpayer? Category: US Trade Policy Who says there is no free lunch? There is at taxpayer expense for those able to lobby the government for benefits to operate golf courses, airlines, utilities and more. more... Campaign Finance Reform: Government of the People, Contributions from People Category: US Elections The United States has just finished the most expensive campaign season in its history. No doubt there will be new discussions about campaign finance reform. more... The Double Jeopardy Clause: The Fifth Amendment to the United States Constitution Category: Law, Crime & Justice (general) The Fifth Amendment reads in part: "nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb". This is the Double Jeopardy Clause. more... Florida Implied Consent DUI Suspensions: The Administrative Hearing Process Category: Law, Crime & Justice (general) A suspected DUI driver in Florida is subject to license suspension for failing or refusing chemical testing. The suspension can be contested at an administrative hearing. more... Florida Implied Consent Laws: Administrative License Suspension in DUI Cases Category: Law, Crime & Justice (general) After a DUI arrest in Florida, the officer can request chemical testing of the driver. A person driving in Florida is deemed to have consented to such testing. more... Presidential Transitions in the United States: From George Washington to Barack Obama Category: US President The transfer of executive authority from George Washington to John Adams in 1797 amazed the world. The peaceful revolution continues with George Bush and Barack Obama. more... The Fairness Doctrine & the Obama Administration: Democrats Favor Broadcast Regulation Category: Law In 1987 the Fairness Doctrine was repealed. Leading Democrats support reinstating the regulation. With one party control of Washington will the doctrine be revived? more... The Civil Law Process: How a Lawsuit Proceeds Category: Law, Crime & Justice (general) Criminal law procedure is familiar to many thanks to television drama and news coverage of criminal trials. The civil law process has less exposure. more... The Obama WBEZ Interview: Breaking Free from the Constitution Category: US President The interest in Senator Obama's 2001 interview with Chicago Public Radio is well placed. The Supreme Court should not break free from Constitutional constraints. more... Long Term Solutions to the Economic Crisis: Products of American Investment Need to be American Made Category: US Trade Policy In the final 2008 presidential debate the economic crisis was front and center. Americans were described as frightened and angry. The real problem was ignored. more... The Problem with the American Economy: Faulty Premises Regarding the Economic Crisis Category: US Trade Policy On September 24, 2008, President Bush addressed the nation. He gave part of the reason for our current economic problems. He did not give all the reasons. more... Secret Audio Recordings in the United States: Federal and State Recording Limits Category: Law, Crime & Justice (general) Today's technology allows secret recording of conversations in nearly any situation. The temptation to record conversations can be great. more... The Miranda Warnings: Origin and Meaning: The Right to Remain Silent, the Right to an Attorney Category: Law, Crime & Justice (general) The Miranda warnings are part of American criminal justice and American popular culture. Where do they come from? What do they mean? more... Principles of Criminal Liability: Beyond a Reasonable Doubt: Of What? Category: Law, Crime & Justice (general) A crime has been charged. The defendant pleads not guilty. What must the state prove? Why? more... Illinois Criminal Expungement Law: Cases that Can Be Expunged or Sealed Category: Law, Crime & Justice (general) Anyone arrested has a criminal record, even if the case is dismissed or there is a not guilty. That record remains public unless it is expunged or sealed. more... Driving Suspended in Illinois: A Criminal Offense, Not a Minor Traffic Ticket Category: Law, Crime & Justice (general) There are 36 reasons the State of Illinois can suspend or revoke a person's driving privileges. Currently over 500,000 people in Illinois are unable to legally drive. more... The Calusa Planetarium, Fort Myers, Florida: A Look into the Universe, from a Natural Perspective Category: Florida Travel The combination of a planetarium and a nature center seems unusual, but it works well in Fort Myers, FL. more... Title Insurance, Buyers & Owners Policies: Making Sure You Own Your New Property Category: Buying/Selling a Home It is critical when making a real estate investment that the owner knows he owns the property free from any claims by third parties. more... Residential Real Estate Contract Contingencies: The Attorney Review Period Category: Consumer Education (general) People buying a home should be certain the contract includes an attorney review period. Small contract matters can have big consequences. more... Deferring Capital Gains Taxes: 1031 Exchange of Real Estate for Wealth Preservation Category: Taxes Business or investment real estate properties can be sold and the proceeds reinvested without current tax liability to the seller through a 1031 exchange. more... Category: Law, Crime & Justice (general) A Florida felony is a serious crime that has a possible prison term of more than one year, possibly up to life. Capital felonies may lead to the death penalty. more... Category: Law The Civil War was fought between Slave and Free states. In 1851 Maine started another divide between states known as Wet and Dry, when it banned alcoholic beverages. more... The Sixteenth Amendment to the Constitution: Taxing All Types of Income Becomes Constitutional Category: Law When April 15th rolls around, the government's power to impose an income tax is taken for granted. There was a time some forms of income tax were unconstitutional. more... Category: Law While the 13th Amendment abolished slavery, it did nothing regarding the legal status of the former slaves. The 14th Amendment gave them citizenship and did much more. more... Resistance, Resentment, Rejection, Repression: Diagnosis, Treatment (Autopsy) of a Relationship Category: Improving Relationships An increased sense of trust and security comes with a long term relationship. It can come at the cost of romance.The cost can be greater if partners ignore warning signs. more... The Eleventh Amendment's Curious History: Amending the Constitution to Overrule the Supreme Court Category: Law The Supreme Court interprets the Constitution. If the Court makes an unpopular decision, the recourse is an amendment. This happened with the Eleventh Amendment. more... The US Constitution's Ninth Amendment: Protecting the Unenumerated Natural Rights of Man Category: Law The Bill of Rights was added to the Constitution to explicitly limit the federal government, but there was concern that naming specific rights would exclude others. more... Ratification of the US Constitution: Article VII Required Less than Unanimous Consent Category: Law From March, 1781 to March, 1789 the United States operated under the Articles of Confederation. Amending the Articles required unanimous consent. more... Toltec Wisdom and a Path to Heaven on Earth: Training the Mind with Four Internal Agreements Category: Self-Awareness The Toltec ruled in pre-Columbian Mexico. The Toltec viewed science and spirit as one entity, and believed all energy, physical or mental arises from the universe. more... Amending the United States Constitution: The Amendment Provisions of the US Constitution's Article V Category: Law The US Constitution was designed to serve generations of Americans. An important feature is the built in amendment process. It was made difficult, but not impossible. more... Obligations of US States & Federal Government: Article Four of the United States Constitution Category: Law The US Constitution, provides for the separation of powers among the three Federal branches, and defines obligations of the State and Federal governments to each other. more... Category: Musical Theatre (general) What started as a show has become a phenomenon. Celtic Thunder is returning to the US in the fall of 2009 and their following continues to grow. The Thunderheads await. more... The Election & Powers of the US President: Article II of the US Constitution, an Overview Category: Law The President of the United States is considered to be the most powerful individual in the world. The principal source of this power is Article II of the US Constitution. more... Florida's New Car "Lemon Law": Auto Warranty Enforcement in Florida Category: Law A new car is among the largest purchase someone makes. All vehicle systems are expected to work properly. Florida has special protections for new car buyers. more... The Eighth Amendment to the US Constitution: Excessive Bail & Fines, Cruel & Unusual Punishment Category: Law, Crime & Justice (general) The Eighth Amendment to the US Constitution is part of the Bill of Rights. It grants certain rights in the context of criminal prosecutions. more... Perjury In the Courts, Congress & Legislatures: Sosa, Bonds, Clemens, Burris and The Truth Category: Law, Crime & Justice (general) A 2003 positive steroid test may cause legal trouble for Sammy Sosa given his March 17, 2005 testimony before Congress. He is not the only one with perjury problems. more... Probable Cause for Police to Make an Arrest: Fourth Amendment Considerations & Consequences Category: Law, Crime & Justice (general) A police officer cannot arrest a citizen without a warrant based upon a hunch or mere suspicion. He must have "probable cause". more... The First Amendment to the US Constitution: Freedoms of Religion, Speech, Press and Assembly Category: Law The Bill of Rights limits the Federal Government in regulating citizen conduct. The First Amendment restricts Federal action in the areas of religion, speech, press and a more... Obama Credit Card Reform Act Passes Congress: Limits on Card Issuers Ability to Alter Agreements Category: American Affairs (general) On May 15, 2009 at a town hall meeting in New Mexico, President Obama called upon Congress to pass credit card reform before Memorial Day. On May 20, 2009 Congress compli more... Juvenile Law Focus is Rehabilitation: Children are Considered Delinquents not Criminals Category: Law, Crime & Justice (general) The juvenile justice system parallels the adult criminal justice system in process, but the prime focus is rehabilitation and avoiding criminal stigmas. more... US Constitutional Rights for Criminal Defendants: The Bill of Rights and the Fourteenth Amendment Category: Law, Crime & Justice (general) A criminal defendant has many protections from the power of government to take away his life, liberty or property. These protections are found in the US Constitution. more... Category: Law, Crime & Justice (general) The US Constitution guarantees a defendant's right to confront his accusers. This is the basis for the rule against hearsay. more... The Lithuanian Legend of the Iron Wolf: Grand Duke Gediminas Founds the Capital City of Vilnius Category: Polish & Baltic History There is a legend that surrounds the founding of Vilnius, the present day capital of Lithuania, The Legend of the Iron Wolf. more... The Law of Negligence: Duty, Breach of Duty, Injury & Causation Category: Law Criminal law punishes people for actions that harm all of society. Tort law protects private rights from injuries to individuals. more... The Purpose of Criminal Punishment: Why Impose Penalties on Law Breakers? Category: Law, Crime & Justice (general) People who break the law are punished. Criminal penalties range from a small fine or community service to the death penalty. Why are criminals punished? more... Illinois Criminal Sentencing Law: Supervision, Conditional Discharge, Jail or Prison Category: Law, Crime & Justice (general) If an Illinois criminal defendant either pleads guilty or is found guilty of a crime, the law prescribes a penalty. The possible penalties may combine judicial options. more... Obama Speech Focuses on Economy: President Ignores Manufacturing & US Debt Category: US Parties Five weeks in office, Barack Obama addressed the Congress emphasizing the economy crisis. He said nothing about manufacturing or US debtor nation status. more... Writing a Business Plan: Planning Needed for Small Business Success Category: Business Management (general) Each day's headlines announce new job losses due to the recession and the economic crisis. Americans traditionally respond by starting their own business. more... Establishing the Basis for Team Work: Forming, Storming, Norming, Performing Category: Business Management (general) At work or on a playing field, for a group to accomplish big things there must be effective teamwork. Effective teamwork takes a great deal of hard work. more... Writing a Persuasive Essay, Ad or Speech: A Formula to Get Action or Change Belief Category: Resources for Writers (general) Persuasive writing is an element of daily life. Any writing that either calls on someone to take action or change an opinion is persuasive writing. more... Mortgage Loan Modification: Considerations in Seeking Mortgage Assistance Category: Home Mortgages Many people are having issues with maintaining their mortgage payments. Job loss, pay cuts and upward mortgage adjustments are part of the problem. more... Rod Blagojevich Challenges Impeachment Rules: Illinois Senate Rules May Violate US Constitution Category: Law, Crime & Justice (general) In a news conference Illinois Governor Rod Blagojevich pointed to two Senate Rules regarding his impeachment trial as fundamentally unfair. more... Illinois Misdemeanor Law: Minor Criminal Offenses with Significant Consequences Category: Law, Crime & Justice (general) While less serious than felonies, a misdemeanor arrest and guilty finding leads to criminal records with the FBI and state police. more... Illinois House Impeaches Rod Blagojevich: Governor Accused of Corruption and Abuse of Power Category: Law, Crime & Justice (general) On January 9, 2009 the Illinois House impeached Gov. Rod Blagojevich. The impeachment included thirteen accusations. more... Commission Calls for Gas Tax Increases for Roads: Commission Creates Political Cover for Congress Category: American Affairs (general) The National Commission on Surface Transportation Infrastructure Financing has called for a federal gas tax increase of greater than 50%, claiming a 2009 fund shortfall. more... Blagojevich Announces Senate Appointment: Can Burris be Stopped from Taking Obama’s Senate Seat? Category: Law, Crime & Justice (general) Illinois Governor Rod Blagojevich announced his choice to succeed Barack Obama in the Senate. The Governor has been arrested and impeachment is looming. more... Illinois Moves to Impeach Rod Blagojevich: The Impeachment Process Explained Category: Law, Crime & Justice (general) The arrest of Illinois Governor Rod Blagojevich has created a chorus of officials calling for his resignation. The Governor has vowed to fight. more... Illinois Governor Rod Blagojevich Arrested: Criminal Complaint Used for Swift Action Category: Law, Crime & Justice (general) On December 8, 2008 the Governor Rod Blagojevich was arrested for criminal corruption charges.The tipping point was the looming appointment of Barack Obama's successor. more... The Exclusionary Rule in US Criminal Trials: Protections from Warrantless Search and Seizure Category: Law, Crime & Justice (general) The Fourth Amendment to the United States Constitution prohibits government searches or seizures without a warrant issued by a disinterested magistrate. more... An American Christmas Story Worth Retelling: The Christmas of 1776 Category: American Affairs (general) In December, 1776 the British had driven Gen. George Washington and his men out of New York and across New Jersey. Things looked bleak for the Americans. more... Orders of Protection in Illinois: Protection for Victims of Domestic Violence Category: Law, Crime & Justice (general) The Illinois Domestic Violence Act offers civil and criminal remedies to victims of domestic violence. The civil remedy is the Order of Protection. more... The Entrapment Defense for Criminal Defendants: The Government Made Me Do It Category: Law, Crime & Justice (general) Entrapment is a defense to criminal prosecution if a government agent induced a person to commit a crime which the person was otherwise unlikely to commit. more... Driving Suspended in Florida: A Serious Crime with Increasing Penalties Category: Law, Crime & Justice (general) Each time someone is stopped driving while suspended or revoked (DWLSR) in Florida, the penalties increase. The penalties range from a simple fine to prison time. more... The Right to a Jury Trial: A Positive Right in the American Constitution Category: Law, Crime & Justice (general) The American Constitution protects many rights of American citizens. Among the most significant is the right to a jury trial. more... Illinois Statutory Summary Suspension Law: The Concept of Implied Consent in DUI Cases Category: Law, Crime & Justice (general) On January 1, 1986, statutory summary suspensions were added to the laws of Illinois against drunk driving. These suspensions arise from the concept of implied consent. more... The Last Days of the Planet Krypton: Why and How Superman Came to Earth Category: Sci-Fi/Fantasy Fiction (general) Nearly everyone on earth knows that Superman came to earth from Krypton and knows that his father Jor-El sent him here in a rocket when Krypton exploded. more... The Wisdom of Henry Ford: The Economic Crisis and its Origins Category: US Trade Policy In 1914 Henry Ford shocked the business community. He doubled the wages of his workers. His company prospered. Fourteen years later in 1926, he did it again. more... Gun Ownership by Convicted Felons: Exceptions to the Federal Prohibitions Category: Law, Crime & Justice (general) Federal law provides significant penalties for felons in possession of weapons, unless the felon has his rights restored by the convicting state. more... Police Searches of Automobiles: Fourth Amendment Protections Category: Law, Crime & Justice (general) The Fourth Amendment to the United States Constitution protects Americans against unreasonable searches and seizures. This applies to cars as well as homes. more... A Functional Cure for Type I Diabetes: Pancreatic Islet Cell Transplants Category: Diabetes Treatment In type 1 diabetes, the body does not produce insulin. Insulin is a hormone needed to convert sugar (glucose), starches and other food into energy needed for daily life. more... DUI Breath Testing in the United States: Determining Blood Alcohol Levels (BAC) Category: Law, Crime & Justice (general) A driver with a blood-alcohol concentration (BAC) of .08 or higher is presumed to be intoxicated. Blood tests are more trustworthy, but breath tests are commonly used. more... The Felony Process in the United States: How 1 of Every 100 Americans are Jailed Category: Law, Crime & Justice (general) Americans are being locked up at ever increasing rates. Knowledge of the process leading to this result is important for all citizens. more... Category: Law, Crime & Justice (general) When someone is arrested for a DUI in Illinois, it is actually the beginning of two cases. There is a criminal case and a civil case. more... Calusa Nature Center and Natural History Museum: A Place to Learn and to Relax in Fort Myers, FL Category: Florida Travel In Fort Myers, Florida there is a place where a person can learn things, connect with nature and refresh his soul. It is the Calusa Nature Center and Planetarium. more... Buying a Condominium: Joining the Condominium Association Category: Consumer Rights Due diligence in buying a condominium includes looking into how its association is managed, and how that management affects the plans of the prospective buyer. more... The Crime of Domestic Battery: Domestic Violence: Involving Police, Prosecutors and Judges Category: Law, Crime & Justice (general) A domestic battery is a battery involving family members. Family members are related by blood or marriage, share a home, have dated, or have a child in common. more...
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