Sentences with phrase «conviction under»

There is no evidence to support the claim that it will be more difficult to get a conviction under mandatory sentencing because of the standard of proof required.

It also requires conviction under our law where the burden of proof is beyond reasonable doubt.

Instead, Mr Noble was imprisoned without conviction under the Criminal Law (Mentally Impaired Accused Act) 1996 for the last 10 years.

• Leaving the scene of a crash resulting in property damage of more than $ 50.00 — 6 points s. 322.273 (d)(2), F.S. • Unlawful speed resulting in a crash — 6 points s. 322.273 (d)(3), F.S. • Reckless driving — 4 points s. 322.273 d1, F.S. • Any moving violation resulting in a crash — 4 points s. 322.273 (d)(8), F.S. • Passing a stopped school bus — 4 points s. 322.273 (d)(4), F.S. • Unlawful speed — 15 mph or more over the lawful or posted speed — 4 points s. 322.273 (d)(5b), • F.S. • Disregarding traffic / railroad signals — 4 points s. 322.273 (d)(6), F.S. • Any conviction under the Florida Statutes covering interference with an official traffic control device or railroad sign or signal — 4 points s. 322.273 (d)(10), F.S. • Unlawful speed — 15 mph or less over the lawful or posted speed — 3 points s. 322.273 (d)(5a), F.S. • All other moving violations (not including HOV and bicycle traffic violations but including seat belt violations and parking on highway outside the limits of municipalities) you just got yourself — 3 points s. 322.273 (d)(7), F.S. • A conviction under the Florida Litter Law — 3 points s. 322.273 (d)(9), F.S. • Any violations in other states count as the comparable amount of penalty points that an infraction would have accrued in Florida s. 322.273 (d) 10e), F.S. Florida law will notify any licensee, coming within their penalty point danger zone with a warning letter advising that any further convictions may result in loss of driving privileges.

California Vehicle Code 1808.7 states: (a) The record of the department relating to the first proceeding and conviction under Section 1803.5 in any 18 - month period for completion of a traffic violator school program is confidential, shall not be disclosed to any person, except a court and as provided for in subdivision (b), and shall be used only for statistical purposes by the department.

With a DUI conviction under your belt, there's no doubt that you'll be viewed as a high risk driver — at least for a few years following the offense.

2003), a 2 - 1 panel reversed a conviction under the federal child pornography law because the pornographic images were not transported interstate.

«A conviction under [such a law] is not merely erroneous, but is illegal and void, and can not be a legal cause of imprisonment.»

The decision of the Supreme Court makes clear that the Crown faces an uphill battle in proving the necessary intent for a conviction under Section 243 in circumstances where the child in question died before birth.

The conviction under examination at present belongs to Joey Watkins, a Georgia man sentenced to life in prison in July 2001 for aggravated assault, a weapons violation, misdemeanor stalking, and the felony murder of Isaac Dawkins in January 2000.

This is the first conviction under that statute.

These days, since there is now a right to appeal a criminal conviction under state law or federal statute (but not the U.S. Constitution), a writ of habeas corpus is only brought when direct appeals of a conviction have been exhausted, often several years after the original conviction (which makes a writ of habeas corpus only useful for convictions involving long sentences of incarceration).

First the prohibition deprives S as well as medical marihuana users of their liberty by imposing a threat of imprisonment on conviction under s. 4 (1) or 5 (2) of the CDSA.

For a second or subsequent offense, the revocation shall be consecutive to any revocation imposed for a conviction under the provisions of R.S. 39:4 - 50.

In Butler v. Michigan, 352 U. S. 380 (1957), a unanimous Court reversed a conviction under a statute which made it an offense to make available to the general public materials

A refusal lawyer at our firm is prepared to go over all of the facts of your charge and to formulate a comprehensive plan to avert a conviction under 39:4 - 50.4.

The BAC of a subject for purposes of conviction under N.J.S.A. 39:4 - 50 is the lowest IR or EC reading that appears on the AIR, rounded downward to the next lowest second decimal.

A conviction under the Controlled Drug and Substances Act (CDSA) for production, trafficking or possession of drugs can result in severe criminal penalties.

In Ferber, we affirmed a conviction under a New York statute that made it a crime to promote the «lewd exhibition of [a child's] genitals.»»

to the Ohio Supreme Court, in order to secure a conviction under § 2907.323 (A)(3), the State must prove both scienter and that the defendant possessed material depicting a lewd exhibition or a graphic focus on genitals.

Both in the «solemn» and the «summary» acquittals, not proven is interpreted as indicating that the jury or judge, respectively, is not convinced of the innocence of the accused; in fact, they may be morally or even factually convinced that the accused is guilty, but do not find the proofs sufficient for a conviction under the elements of the crime on the jury instruction / verdict form.

After all under the BRD standard the constitution requires before your allowed to convict and then punish someone if you can't get that conviction under BRD constitutionally it didn't happen.

Establishes that conviction under section is Class C felony.

Justice Topolniski took the unusual step of substituting a conviction under s. 686 (4)(b)(ii) of the Criminal Code.

In fact, a conviction under the New York Enterprise Corruption Law — the state's version of the federal RICO statute, can result in a state prison sentence of up to 25 years, significant fines, asset forfeiture, restitution and more.

A conviction under the state's version of the federal RICO statute, known as the New York Enterprise Corruption Law, can result in a sentence of up to 25 years in state prison, not to mention significant fines and asset forfeiture to make restitution.

A conviction under the Criminal Code Impaired provisions will have an immediate and mandatory impact on you.

Therefore, as in Terminiello and Edwards, the conviction under this statute must be reversed, as the statute is unconstitutional in that it sweeps within its broad scope activities that are constitutionally protected free speech and assembly.

Any conviction under the CDSA can result in a full and complete travel ban to the United States.

Persons with an existing record of a conviction under the Criminal Code of Canada or a provincial statute may well be concerned over an employer's request for a police records check.

2) We will review other ways to vacate a conviction under California law, such as habeas corpus and withdrawal for good cause.

A conviction under s. 163.1 (2) of the Criminal Code for making, printing, publishing, or possessing for the purpose of publication any Child Pornography carries with it:

A conviction under s. 163.1 (3) of the Criminal Code for Distribution, etc. of Child Pornography carries with it:

A conviction under the CCC requires that two things must be proved: first that pain was inflicted and that second, it was inflicted cruelly, that is, without necessity, or in other words as cited by Case Law «without good reason.»

The six - pot is undoubtedly more pleasurable to drive - it picks up sooner, moves with more conviction under every throttle input, and sounds creamy smooth even at higher revs.

Other examples would include Moos and McClure (where the Court of Appeal overturned the only successful kettling case to date) and the admittedly contentious decision in Abdul v DPP - the conviction under section five of the Public Order Act 1986 of those protesting in fairly vituperative terms («baby killers», «rapists», «murderers» etc) about the war in Iraq at a homecoming for British troops.

In today's stories, Buffalo resident and Tea Partier Rus Thompson got the worst of it (he was the sole focus of the DN story) for his drunk driving conviction under another name while living in Arizona.

All of a sudden, I was flooded with conviction under the kitchen table.

I did not consciously come to this conviction under the influence of Wesley, but I have little doubt that as the leader of a great lay movement he would agree.

The prior three corporate convictions under the CFPOA have been achieved by the entering of guilty pleas.2 The Court also for the first time interpreted the meaning of key provisions in the statute, including clarifying that an inchoate offence of conspiracy exists under the CFPOA and in what circumstances a real and substantial connection will be required and found.

Thus, together, they can affirm an ecumenical perception of Christian mission expressed in the following convictions under which they covenant to work for the kingdom of God.

This time the cases of Sheldon Silver, former speaker of the Assembly, and Dean Skelos, former majority leader of the Senate, are being watched nationwide as test cases of federal prosecutors» ability to win public - corruption convictions under a new legal standard.

It's another level of indirection that allows convictions under the statute even if the jury finds that there is no actual intention.

The coming retrials of two former New York state politicians, Sheldon Silver and Dean Skelos, are being watched nationwide as test cases of federal prosecutors» ability to win public - corruption convictions under a new legal standard.

Another important conclusion is that, despite this large number of incidents in the Netherlands, criminal convictions under the anti-discrimination legislation are rare.

«The average number of convictions under CEPA — about 20 per year — is extremely small in relation to the number of inspections, warnings and investigations,» said [William Amos, Director of the Ecojustice Clinic at the University of Ottawa].

These factors included that the guilty pleas of the two directors and the company came at a relatively early opportunity (the charges were laid in December 2013 and the guilty pleas were entered in October 2014), trial dates were never set, and, it is the authors» understanding, neither of the directors had prior convictions under the OHSA.

For example, in the now infamous Metron Construction case involving a swing stage collapse, the director of Metron received a total $ 90,000 penalty for four separate convictions under the OHSA — not including the surcharge.

Two convictions under 163.1 make a heavy load for a court to lift.»

Instead, these collateral consequences are a product of criminal convictions under state and federal law that diminish the rights and privileges of citizens.