New Changes for DWI Law

on Jun 17 in On My Mind tagged by calvinpj

Under the current law if a first time offender with a DWI has a blood alcohol concentration of .08, to.19, his or her license revocation will be for 90 days. They can apply for a work permit after a revocation period of 15 days.

Beginning July 1, 2011,  first time offender with a BAC of .16 or more will lose their driving privileges for 1 year, compared to the old 90 days.

With those testing .08 to .19, the .16 or more can have their full driving privileges for the entire period of 1 year if they agree to participate in the interlock program.

If you have a BAC of .20 or more, your driver’s license would be revoked for “twice the period of time” to “not less than one year”

Attorney client Privilege

on May 31 in Lawyering, On My Mind tagged by calvinpj

Attorney client Privilege is a basic rule of jurisprudence in America.  What you tell me  cannot be divulged to another source.  When you tell me something, no one can make me say what you said.

This helps me to understand your issues, and to formulate a response necessary for a successful defense.

Please remember, this is something that is entirely different from our mother country  England (The United Kingdom).  In England, if you tell your lawyer that you are guilty, your lawyer must immediately report it to the court.

People ask me, “How can you defend someone that might be guilty?”

I tell them, simply, that I always represent those who are presumed to be innocent.  This presumption of innocence carries with them unless they decide to plead guilty, or unless a jury finds them guilty, beyond a reasonable doubt.

Consequently, I represent numerous people who are not guilty, until such time as they may change their minds, or if a jury determines otherwise.

The words, “NOT GUILTY,” are magic to my ears.

Remember, however, that I also want to get you through the whole system without a major disruption of your life.  Sometimes we negotiate settlements criminal jusitce because we take into consideration all factors that may be affecting you.  As a client, you are the most important person in the whole criminal justice system.  Your rights are sacrosanct.

It is my duty, privilege, and honor, to represent you zealously.

I enjoy representing my clients.  Every single client gives me the privilege of helping to ensure that our country runs as it was intended: so that each may pursue life, liberty, and the pursuit of happiness.

When I was a Youngster

on May 06 in On My Mind tagged by calvinpj

When I was a youngster our rural wisconsin was known as the “Cooling Region.” Lots of hills.  Beautiful, beautiful hills.

My dad was in the office supply business, and we would travel in the station wagon, making service calls.

One day, on the road, he suddenly turned into an old elevator. Looking at the place, and wondered how anyone could even stay in business. We went inside, and there was a man standing at the counter.  My dad asked if he could get a check for money owed. His voice was quiet, and controlled. The man stared at me, took out his check book, wrote the check out, looking at me during most of his writing efforts.

He slowly tore the check out of the book, handed it to my dad, and told me the following:

“Your dad is a good business man.  He also knows that, as long as I owe him money, I may not buy more.  However, once I pay my bill, I will buy more.”

Sometimes I wonder if we are all like that elevator owner.

Allergies: Alcohol, Sugar

on May 03 in Discussion, On My Mind tagged by calvinpj

The other day I was talking to a client about determining whether or not chemcial dependency, specifically alcohol, may be a factor in this human being’s life. The process of making alcohol requires fermentation, including sugars.

Many people have sensitivity to sugar. In fact, the doctors at the allergy clinic in La Crosse, Wisconsin believe that 50% of all their clients and of all the population in this area suffer from a sugar allergy. The specific sugar is made from beets.

Consequently, if you have an inkling that you may be susceptible to the effects of alcohol, try giving up sugar for two weeks. See how your mood is. Are you grouchier? Is your temper shorter? Do you have headaches? Are these symptoms ameliorated (made better) by eating or drinking something with sugar in it?

In my opinion, no one can ever tell another that they are an alcoholic. Each individual must make this decision on his or her own. However, I do believe that sugar may be related to difficulties with consuming too much alcohol.

As a further means of judging or testing this theory, can you do without alcohol? If you do have one drink, do you decide to just have one drink? If you have made that decision, do you ever stop after one drink?

As they say, “one is too many, and a hundred is not enough.”

Alcoholics understand what this means.

Right to Bare Arms

on May 02 in On My Mind tagged by calvinpj

One of the greatest victories of the American people is the right to bare arms. That doesn’t mean going in just short sleeves.

Every significant government that wants to take power from it’s people does so initially by removing their ability to revolt.

By claiming our ability to bare arms, we keep oppressive regimes and governments off of our back. The government is responsible and responsive to the people, for the people.

My philosophy

on Apr 27 in Discussion tagged by calvinpj

Being raised in rural Wisconsin, I was told by my parents to always try to be the very best that I can.  Growing up during the 1960’s, it never dawned on me that they were listening to another great mentor in our state, Vince Lombardi, who said:

“Gentlemen, we are going to relentlessly pursue perfection, knowing full well that we will not catch it.  We are going to relentlessly chase it, because in the process we catch excellence.

I am not the least bit interested in just being good.”

                                                                    - Vince Lombardi

This is my philosophy.

Letter to the Editor

on Apr 12 in Discussion tagged by calvinpj

  For those of you who wonder whether or not this information has been scientifically tested, I refer you to the program developed at the University of Minnesota during the 1950′s and 1960′s. This program is still manifesting in different forms up at the University, to my understanding.

As a simple result of this technology, please know the following:
1. 20 million Chinese get treated by this method for hepatic cancer.
2. Dr. Nagarian’s anti-rejection drug for organ transpalnts was developed from this same technology.

Now, for those of you who want to do a blind study, should you desire to get hepatic cancer and you are Asian, you might decide to see if a placebo has the same effect.

Additionally, for any of you who want to try to have an organ transplant, and want to have a placebo for an anti-rejection durg, you could volunteer your body as a sacrifiice in the name of those doubters out there who wonder whether or not colostrum therapy is real.

All you have to do is take a look around. Each and every mammal has survived because of colostrum therapy. To say other wise is to reject the very basic core of our existence.

_______________________________________________________
_______________________________________________________

The Free Press, Mankato, MN

February 21, 2011

My View: Raw milk is good for us

By Calvin P. Johnson

— My favorite desert as a child was rich, thick, lumpy yellow cream, on top of chocolate cake. Nothing was better. Years later, I learned that I was actually eating colostrum.

My family drank raw milk, until I went to college. We never missed school due to illness. Two of my brothers had perfect attendance records. Due to a work accident, I missed one half day. I saw, firsthand, the benefits of raw milk. I also learned that you don’t drink sour milk. That’s the only litmus I need, to determine if milk is bad.

This letter is in response to your Our View editorial published Feb. 1 indicating your displeasure with proposed legislation allowing consumers to choose if they want to drink raw milk delivered to their house. Your position is misguided, for several reasons:

1.) Selling and purchasing raw milk is and has always been legal in Minnesota. Minnesota law protects consumer access to raw milk by its exemption from pasteurization language: “…this section shall not apply to milk, cream, skim milk, goat milk, or sheep milk occasionally secured or purchased for personal use by any consumer at the place or farm where the milk is produced.” The current bill works to limit the need for thousands of moms and families to have to drive out to farms, especially in a state with such severe weather and road conditions.

2.) Minnesota has a constitutional amendment known as The Farmer’s Amendment, which states: “Any person may sell or peddle the products of the farm or garden occupied and cultivated by him, without obtaining a license therefore.”

In 1906, Minnesotans passed this constitutional amendment to make sure that farmers could sell their wares, without government interference. This included the right to be able to peddle their product in town.

The new legislation, lambasted by The Free Press for wanting farmers to make a living, is designed to help this become reality.

It is good legislation. I urge our local Democratic legislators to join in this effort. We can all work together on this one.

3.) Minnesotans have a statutory right to practice colostrum therapy: Minnesota Statute 146A, Subdivision 4(12).

Odin dairy farmer Herb Saunders knew how to use raw milk to make people better. It is a freedom that we won in the courtroom, and in the Legislature.

4.) Colostrum therapy is the future of medicine. This sounds bold, until we understand the true nature of this remedy.

As an example, there is a company in Iowa that has a remedy for staph infections, made from milk. Twenty thousand people a year die from staph infections contracted at hospitals. The staph that is around now is much more potent than any that we have seen in the past.

I am comforted to know that the company in Iowa has the most effective medicine available for human beings. Problem is, human beings can’t get this medicine made from milk. Why? Because it can only be used on cows. It cannot be used by humans, because of governmental regulation. It cannot cross state lines, because of our beloved Commerce Clause.

So where do we get this remedy? The answer is simple: Our farmers. Each and every dairy farmer, right now, has the ability to make some of the most sophisticated medicines ever known to mankind. Here is why: We are mammals.

Remember what mammals do: change their genetic code to changing circumstances. How is this normally done? Ask any mom in La Leche League. Moms pass the necessary antibodies, and other immune factors to their child, in breastfeeding. Ask a La Leche League mom how she would feel about boiling her milk, before feeding it to her most precious infant. She would say, “You’re nuts.”

The Free Press, however, wants us all to live by their simplistic logic.

There is another factor of colostrum therapy that we forget: The existing pathogens that are present in a live being. When a baby gets a cold, and that baby nurses, it passes its germs back to the mom. The mom, in turn, can make more colostrum/milk, to help the baby with its malady. Cows can make the same remedy for human beings.

Think about the possibilities.

We are sitting on a gold mine, here in the state of Minnesota. If we can help with 20,000 staph infection deaths a year, what can we do for all of those who do not die? What do we do for all of those who need better care?

The Free Press wants to make sure that that farmer who makes this remedy could not deliver it to his next door neighbor. Boy, that makes sense.

Grieving as a Process of Healing

on Apr 11 in Discussion tagged by calvinpj

Often, people charged with crimes are going through profound loss. Frequently, their emotions range all over the board. This is a normal process of grieving. It normally starts with shock, which is a powerful ability to function in the face of extreme reality bites. It frequently happens when we endure the death of a loved one. We are able to operate almost normally. However, we are not operating in the emotional realm.

After we step out into the dangerous world of emotions, our first response is usually crying, or sobbing. From there, responses can range all over the board. I submit for your review a Grief Chart that I frequently give to my clients.

Please note, that when we examine our frieving process, we have to get rid of pride. Ego has no place for self-examination. Reality hurts, as it is. We don’t need to cloud it with an over-inflated view of ourselves.

Ultimately, the goal of any grieving, as well as life, is a desire to be happy.

I tell my clients, to repeat the following:

I DESERVE TO BE HAPPY!

Repeat as necessary. Repeat one hundred thousand million times.

New Mankato City Ordinance

on Apr 08 in Legitimate Law or Police State, On My Mind tagged by calvinpj

Disruptive Intoxication   

Dear Viewer,  

Minnesota has long been a leader in decriminalizing intoxication. 

This is a step backwards.  This new city ordinance is capable of being applied indiscriminately, and now allows an intoxicated person to be tased much more easily. (See City code ordinance section 9.48 below) See State v. Fearon and Minn. Stat. §340A.902

I will remind you what Sir Robert Moore told his son in law, who wanted to be a prosecutor: 

“If you eliminate all of the laws to catch the devil, what are you going to hide behind when the devil turns on you?” 

Remember what Hitler did concerning alcoholics: First he castrated them.  Later, he killed them! 

We are evolving into a higher state of consciousness in our community.  This is a temporary step backwards.  The law should be challenged, and should be found to be unconstitutional on a number of different levels. 

Please voice your opinion, and outrage, to those who might pay attention.   

ORDINANCE CREATING SECTION 9.48 OF THE MANKATO CITY CODE RELATING TO DISRUPTIVE INTOXICATION   

WHEREAS, city staff has observed that at times disruptive behavior by intoxicated individuals creates a threat to the safety, health and welfare of the public; and

WHEREAS, there are cureently no provisions in the Mankato City Code to appropriately address disruptive behavior by intoxicated persons; and

  WHEREAS, city staff proposes the following ordinance as a method to protect the safety, health and welfare of the public.

  NOW THEREFORE BE IT ORDAINED by the City Council for the City of Mankato that Mankato City Code Section 9.48 be and herby is created: 

  

 Chapter 9. Public Protection Crimes and Offenses Generally. 

 Section 9.48. Disruptive Intoxication  

Subdivision 1. Declaration of Policy. It is the policy of the City of Mankato to provide for the safety, health and welfare of the public while prohibiting certain harmful conduct of intoxicated persons.

Subdivision 2. Definitions. The following words and terms, when used in this subdivision, shall have the following meanings unless the context clearly indicates otherwise.   

A. Public Place. Public Place includes a building or place controlled by the City, a school, a place of worship, any public street, including public sidewalk, alley, walk or other publicly owned lands. Public Place shall include privately owned parking lots that are open to the public by invitation or custom, such as businesses and apartment complexes. Public place excludes the premises of a licensed alcohol establishment.  

B. Intoxicated person. A person who is presently impaired, mentally or emotionally, as a result of the presence of alcohol, drugs, a controlled substance in the person’s body or a combination thereof. Evidence of an intoxicated person may include, but is not limited to, any combination of the following indicators:  

 a) odor of intoxicants on the breath,  

 b) bloodshot, watery eyes,  

 c) dilated pupils,  

 d) stumbling or staggering,  

 e) slurred speech,

 f) failure to Standardized Field Sobriety tests,

g) failure of Drug Recognitioin Protocol,

h) alcohol concentration of .08 or more,

i) unconsciousness.

C) Public Disruption, Conduct by an individual to include loud, boisterious yelling, urinating in public, lewd or combative conduct, disobeying a police officer’s lawful command or interfering with the flow of pedestrian or vehicular traffic.

Subdivision 3. Disruptive Intoxication. No person, while intoxicated, in a public place shall conduct him or herself so as to be a danger to themselves or others and/or engage in public disruption.

Subdivision 4. Sobriety Testing. No person shall be cited under this section without first having been offered and failed the Standardized field sobriety Test or a Portable Breat Test (PBT); however, a person incapable and or having refused Field Sobriety Testing or a PBT may be cited under the criteria set forth in Subdivision 2 B.

This Ordinance shall, in accordance with the provisions of Section 2.14 and 5.06 of the Mankato City Charter, become effective thirty (30) days after publication of notice of its adoption.

Adopted this ____day of _______,2011
Eric T. Anderson
Mayor

Attest:
Cheryl S. Lindquest, CMC
City Clerk

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