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New York’s top court rules in favor of fantasy sports bets
Court Watch | 2022/03/20 06:01
New York’s highest court ruled Tuesday that fantasy sports contests like those run by FanDuel and DraftKings are allowed under the state constitution, turning back a challenge to the popular games.

The state Court of Appeals reversed an appeals court’s decision last year that found interactive fantasy sports violated the state constitution’s ban on gambling. The games allow players to assemble a roster of athletes in a sport, using individuals performance statistics to determine the winner. They annually bring in hundreds of millions in entrance fees statewide.

The lawsuit was bought several years ago and did not target mobile sports betting, which began in New York earlier this year.

In a 4-3 ruling, New York’s top court clarified the scope of that the state’s constitutional prohibition on gambling. Chief Judge Janet DiFiore wrote that the gambling prohibition doesn’t include skill-based competitions in which players who win a prize exercise “substantial influence” over the contest’s outcome.

DiFiore wrote that the outcome of a interactive fantasy sports contest “turns — not on the performance of real-life athletes, as it would with respect to a bet or wager — but on whether the participant has skillfully composed and managed a virtual roster so as to garner more fantasy points than rosters composed by other participants.”

The fantasy sports measure signed into law by then-Gov. Andrew Cuomo in 2016 cleared the way for companies like DraftKings and FanDuel to operate and be regulated in New York. DraftKings and FanDuel both said they were pleased with the decision.


California DWI & DUI Laws
Court Watch | 2022/03/17 13:02
California DUI

Per California's driving under the influence (DUI) laws, it's illegal to operate a motor vehicle with any of the following blood alcohol concentration (BAC) percentages:

0.08% or higher― 21 years old or older operating a regular passenger vehicle.
0.04% or higher―operating a commercial vehicle.
0.01% or higher―younger than 21 years old.

The state's DUI laws include medications, too. You can't legally drive if you've consumed illegal drugs or:

Excessive amounts of drugs with alcohol in them (such as cough syrup).
Prescription medication.
Over-the-counter medication.

DUI convictions stay on your driving record for 10 years.
Understand Your DUI Penalties

Not all DUI penalties or charges are the same. Depending on your age, license type, and any previous convictions, you could face:

Admin Per Se license suspension.
Criminal license suspension
Fines.
Jail time or community service.
DUI school.
Installation of an ignition interlock device (IID).
SR-22 filing.

Admin Per Se Penalties

An Admin Per Se suspension occurs when the officer takes your license after you fail or refuse a chemical test. This action is taken by the CA Department of Motor Vehicles, under Admin Per Se laws and is in addition to any criminal charges given when refusing or failing a BAC test.

The officer will issue an Order of Suspension and possibly a temporary license. The officer's report, your license and any other information is then sent to the DMV. The DMV then will conduct a review. This review can set aside the suspension. You also have the right to request a hearing if you believe the suspension is unjustified.

You face harsher Admin Per Se license suspension penalties if you refuse to submit to a chemical test upon being pulled over for suspicion of drunk driving.

Victorville California DUI Attorneys

Younger than 21 years old

First Offense: Suspended for 1 year.
Second Offense: Revoked for 2 years.
Third Offense: Revoked for 3 years.

21 years old or Older

First Offense: Suspended for 1 year.
Second Offense: Revoked for 2 years.
Third Offense: Revoked for 3 years.


Courts, BMV act after license retained after fatal crash
Legal Network | 2022/03/14 22:39
The Maine Bureau of Motor Vehicles and court officials have scrambled to close a gap in tracking and sharing information about criminal convictions that should result in license suspensions.

The problem surfaced when a man who pleaded guilty to manslaughter following a fatal crash during a police pursuit was arrested for causing another crash while being chased by police. Two others were injured, one of them critically, in the crash on March 4 in Paris, Maine.

The man being chased by police shouldn’t have had a license after pleading guilty last summer to the earlier crash that killed a 70-year-old driver.

A one-page document that would have allowed the BMV to process his suspension was never sent by court staff despite the BMV’s requests, and court officials suggested it was not their duty to send the paperwork because the conviction was not technically considered a driving offense under state law, the Portland Press Herald reported.

The state court’s response hinged on a technicality — he was convicted not of a driving offense but manslaughter. In Maine, there’s no separate conviction for “vehicular manslaughter.”

On Friday, officials including Secretary of State Shenna Bellows and Valerie Stanfill, chief justice of the Maine Supreme Judicial Court, came to an agreement on correcting the problem, the newspaper reported.

But the Portland Press Herald reported that representatives of the courts and secretary of state declined to discuss specifics.

The agreement with the courts will encompass convictions connected to use of a vehicle but not specifically included in the driving statute, said Emily Cook, spokesperson for Bellows.


Kansas AG asking judge to dismiss redistricting lawsuits
Topics | 2022/03/09 18:00
Attorney General Derek Schmidt is asking a Wyandotte County judge to dismiss two lawsuits filed over new Kansas congressional district lines enacted by Republican lawmakers.

Schmidt’s request Monday came three days after the Kansas Supreme Court refused to dismiss the lawsuits and another in Douglas County at the Republican attorney general’s request.

Democrats and the voting-rights group Loud Light argue that the congressional redistricting law enacted over Democratic Gov. Laura Kelly’s veto represents partisan and racial gerrymandering. They say it violates the Kansas Constitution. They’re suing Secretary of State Scott Schwab and county election officials because they would administer the new law.

The map makes it harder for the only Kansas Democrat in Congress, Rep. Sharice Davids, to get reelected in her Kansas City-area district.

Schmidt and fellow Republicans argue that the new map isn’t gerrymandering and even if it were, state courts have no power under the Kansas Constitution to rule on congressional districts.


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