Kelly Cardon - Cardon, Stuart, & Associates

Technology and the Dinosauring of the Law

11/22/201504/23/2018 Kelly Cardon

There is a tendency of legislative bodies to bemoan decisions of the courts that interpret and sometime alter the intent or meaning of the law. But, in almost every case where that may be have happened, there has been a strong element of either changing of society or of technology that has made it necessary to act. When the courts… Read More

The Legislature and Covering All Modifications

06/04/201504/23/2018 Kelly Cardon

Whenever there is a change in the law, any area of the law, all corollary statutes must also be examined and or altered. Difficult to do when it must be done in the short time frame that we provide our legislators. But, it’s something that must be done and considering the search engines that are now available, it’s easier than… Read More

Police Without Cameras = City, State Liability

04/28/201504/23/2018 Kelly Cardon

Just what do cameras, body, dashboard, cell phones add to the legal system? Well, more justice, more responsibility, fewer mistakes and overreactions, quicker justice, and finally more protection, less liability and less costs for cities and states. How long, if not all ready, will it be before liability insurers understand this and start offering discounts to those same cities and… Read More

Antiquated Field Tests and Other Travesties

01/29/201504/23/2018 Kelly Cardon

What happens when field sobriety tests, which didn’t have a solid foundation to start with, are outmoded and don’t measure either sobriety or impairment with any reliability? The wrong people get arrested, their rights get violated, and worse, they can get convicted of a charge they weren’t guilty of. Where and how can this possibly happen? To start with, the… Read More

The Police, Our Freedoms, and Our Citizenry: Conflicts of Interest

12/25/201404/23/2018 Kelly Cardon

Let’s start with the police, who do a mostly thankless job. And dangerous job. And most of them, well over 90 percent, do it very well. But the small minority, what I call the edge minority, well they’re probably not well hired, well behaved, nor are they well balanced. Remember, however, they are but a small portion. The same can… Read More

The Future of Marijuana and DUIs

10/26/201404/23/2018 Kelly Cardon

It’ll be interesting to watch the legislatures and courts wrestle with the problems arising out of the evolving legalization of marijuana and whether and how much impairment it creates in its users and how that relates to driving safely and DUI laws. Any effort to defend existing or pass new legislation penalizing strictly THC metabolite, which has no pharmacological effect,… Read More

Why Field Sobriety Tests?

08/18/201404/24/2018 Kelly Cardon

The uniform field sobriety tests are designed to determine level of impairment, as well as provide fodder/evidence to establish a basis for probable cause to arrest for DUI. They are the horizontal gaze nystagmus, the one leg stand to a count of 30, the heel to toe 9 step walk and turn, and the portable/preliminary breath test that is only… Read More

Errors in Law Enforcement

07/31/201404/24/2018 Kelly Cardon

Does law enforcement make mistakes? Are they human? Do they have ups and downs in their lives? Do they suffer from many of the same things we all do? A good defense lawyer will keep this in mind, when representing his or her client. It’s better to expose errors or weakness than to assume intentional dishonesty. Because it happens more… Read More

Cabs, Uber and Other Considerations

07/26/201404/24/2018 Kelly Cardon

We now have more options than ever to get ourselves home safely without hurting someone or risking a DUI arrest. Whether you use a friend, a family member, a designated driver, or a cab or car service, make that decision and those arrangements in advance. Then give yourself a night on the town and enjoy, without making a new acquaintance… Read More

Turning a Dream Night Out into a Nightmare

07/24/201404/24/2018 Kelly Cardon

Many DUI defendants that walk through my door tell a story of a special night out on the town or in a friend’s home, with family or friends, that resulted in them drinking more than they normally drink even in their own home. Why is this important to you? Because you can learn from their mistakes. Drinking more than usual,… Read More

Author: Kelly Cardon